[Exempt From Filing Fee Government Code § 6103] 1 LOUIS R. MILLER (State Bar No. 54141) smiller@millerbarondess.com 2 MIRA HASHMALL (State Bar No. 216842) mhashmall@millerbarondess.com 3 EMILY A. SANCHIRICO (State Bar No. 311294) esanchirico@millerbarondess.com 4 MILLER BARONDESS, LLP 1999 Avenue of the Stars, Suite 1000 5 Los Angeles, California 90067 Telephone: (310) 552-4400 6 Facsimile: (310) 552-8400 7 Attorneys for Petitioner/Plaintiff COUNTY OF LOS ANGELES 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 11 12 COUNTY OF LOS ANGELES, CASE NO. 19STCP00630 13 DECLARATION OF LOUIS R. MILLER IN SUPPORT OF SUPPLEMENTAL BRIEF RE MOTION FOR PRELIMINARY INJUNCTION Petitioner/Plaintiff, 14 v. 15 ALEX VILLANUEVA, Sheriff of Los Angeles County Sheriff’s Department; CAREN CARL 16 MANDOYAN, an individual; LOS ANGELES COUNTY SHERIFF’S DEPARTMENT; and 17 DOES 1 through 10, inclusive, Filed Concurrently with Supplemental Brief; and Declaration of Lisa. M. Garrett; and [Proposed] Order 18 Date: Time: Dept.: Respondents/Defendants. August 16, 2019 9:30 a.m. 86 19 20 Assigned for All Purposes to: The Hon. Mitchell L. Beckloff, Dept. 86 21 Action Filed: Trial Date: March 4, 2019 None set 22 23 24 25 26 27 28 432253.1 DECLARATION OF LOUIS R. MILLER I/S/O COUNTY OF LOS ANGELES' SUPPLEMENTAL BRIEF RE MOTION FOR PRELIMINARY INJUNCTION DECLARATION OF LOUIS R. MILLER 2 1, Louis R. Miller, declare as follows: 3 1. 1 am an attorney duly admitted to practice before this Court. I am a partner with 4 Miller Barondess, LLP, counsel of record for Petitioner Plaintiff County of Los Angeles 5 (“County”). I have personal knowledge of the facts set forth herein, and if called as a witness, I 6 could and would competently testify to all of said facts. I make this declaration in support of the 7 County’s Supplemental Brief Re Motion For Preliminary Injunction. 8 2. A true and colTect copy of the transcript from the deposition of Alicia Ault is 9 attached hereto as Exhibit A. 10 11 3. A true and correct copy of the transcript from the deposition of Ray Leyva is attached hereto as Exhibit B. C 12 3~ 4. 13 attached hereto as Exhibit C. 14 § A true and correct copy of the transcript from the deposition of John Naimo is 1 declare under penalty of pei5ury under the laws of the State of California that the 15 foregoing is true and correct. 16 Executed on this 17th day of July, 2019, at Los ‘geles, California. ~l7 18 Lou s R. Miller 19 20 21 22 23 24 25 26 27 28 432253.1 2 DECLARATION OF LOUIS R. MILLER I/SO COUNTY OF LOS ANGELES SUPPLEMENTAL BRIEF RE MOTION FOR PRELIMINARY INJUNCTION 1 2 3 INDEX OF EXHIBITS TO THE DECLARATION OF LOUIS R. MILLER Exhibit No. Description Pg. No. A. Transcript of Deposition of Alicia Ault, dated May 23, 2019 4-400 B. Transcript of Deposition of Ray Leyva, dated June 7, 2019 401-686 C. Transcript of Deposition of John Naimo, dated June 10, 2019 687-835 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 432253.1 3 DECLARATION OF LOUIS R. MILLER I/S/O COUNTY OF LOS ANGELES' SUPPLEMENTAL BRIEF RE MOTION FOR PRELIMINARY INJUNCTION EXHIBIT A 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 3 4 COUNTY OF LOS ANGELES, ) ) 5 PETITIONER/PLAINTIFF, ) ) 6 vs. CASE NO. 19STCP00630 ) ) 7 8 9 ALEX VILLANUEVA, SHERIFF OF ) LOS ANGELES COUNTY SHERIFF'S ) DEPARTMENT; CAREN CARL MANDOYAN, AN ) INDIVIDUAL; LOS ANGELES COUNTY ) SHERIFF'S DEPARTMENT; AND DOES 1 ) THROUGH 10, INCLUSIVE, ) 10 ) RESPONDENTS/DEFENDANTS. ) 11 _______________________________________) 12 13 14 VIDEOTAPED DEPOSITION OF ALICIA AULT 15 TAKEN THURSDAY, MAY 23, 2019 16 LOS ANGELES, CALIFORNIA 17 18 19 20 21 22 23 Reported by Audra E. Cramer, CSR No. 9901 24 Job No. 3382217 25 Pages 1- 298 Page 1 Veritext Legal Solutions 866 299-5127 Page 5 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 3 4 COUNTY OF LOS ANGELES, ) ) 5 PETITIONER/PLAINTIFF, ) ) 6 vs. CASE NO. 19STCP00630 ) ) 7 8 9 ALEX VILLANUEVA, SHERIFF OF ) LOS ANGELES COUNTY SHERIFF'S ) DEPARTMENT; CAREN CARL MANDOYAN, AN ) INDIVIDUAL; LOS ANGELES COUNTY ) SHERIFF'S DEPARTMENT; AND DOES 1 ) THROUGH 10, INCLUSIVE, ) 10 ) RESPONDENTS/DEFENDANTS. ) 11 _______________________________________) 12 13 14 VIDEOTAPED DEPOSITION OF ALICIA AULT, TAKEN ON BEHALF 15 OF THE LA COUNTY SHERIFF'S DEPARTMENT, AT 9:03 A.M., 16 THURSDAY, MAY 23, 2019, AT 865 SOUTH FIGUEROA STREET, 17 LOS ANGELES, CALIFORNIA, BEFORE AUDRA E. CRAMER, 18 CSR NO. 9901, PURSUANT TO NOTICE. 19 20 21 22 23 24 25 Page 2 Veritext Legal Solutions 866 299-5127 Page 6 1 APPEARANCES OF COUNSEL 2 3 4 FOR PETITIONER/PLAINTIFF: MILLER BARONDESS LLP BY: 5 LOUIS R. "SKIP" MILLER, ESQUIRE EMILY A. SANCHIRICO, ESQUIRE 1999 AVENUE OF THE STARS, SUITE 1000 6 LOS ANGELES, CALIFORNIA 90067 (310) 552-4400 7 smiller@millerbarondess.com esanchirico@millerbarondess.com 8 9 10 FOR RESPONDENTS/DEFENDANTS: QUINN EMANUEL URQUHART & SULLIVAN LLP BY: 11 JOHN S. GORDON, ESQUIRE 865 SOUTH FIGUEROA STREET, 10TH FLOOR LOS ANGELES, CALIFORNIA 90017 12 (213) 443-3000 johngordon@quinnemanuel.com 13 14 15 16 ALSO PRESENT: DAVID WEST, VIDEOGRAPHER 17 18 19 20 21 22 23 24 25 Page 3 Veritext Legal Solutions 866 299-5127 Page 7 1 2 I N D E X WITNESS ALICIA AULT 3 4 5 EXAMINATION BY MR. GORDON (P.M. SESSION) BY MR. MILLER BY MR. GORDON 6 7 8 9 10 NO. Exhibit 1 PAGE 41 11 12 Exhibit 2 119 Exhibit 3 218 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGE 9 140 205 270 E X H I B I T S DESCRIPTION COLLECTION OF 45 PAGES, BEGINNING WITH 4-PAGE SETTLEMENT AGREEMENT RESPONDENTS'/DEFENDANTS' SHERIFF ALEX VILLANUEVA AND LOS ANGELES COUNTY SHERIFF'S DEPARTMENT'S NOTICE OF DEPOSITION LOS ANGELES COUNTY REGISTRAR-RECORDER CLERK CAMPAIGN RECORD QUESTIONS INSTRUCTED BY COUNSEL NOT TO ANSWER PAGE LINE 16 22 21 16 24 3 81 13 82 5 83 13 Page 4 Veritext Legal Solutions 866 299-5127 Page 8 1 INFORMATION REQUESTED 2 PAGE 3 184 LINE 22 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 Veritext Legal Solutions 866 299-5127 Page 9 1 2 LOS ANGELES, CALIFORNIA; THURSDAY, MAY 23, 2019, 9:03 A.M. 3 4 THE VIDEOGRAPHER: 5 are on the record. 6 date today, May 23, 2019. Good morning. The time is 9:03 a.m. We The 7 Please note that the microphones are 8 sensitive and may pick up whispering, private 9 conversations and cellular interference. Please 10 turn off all cell phones or place them away from 11 the microphones as they can interfere with the 12 deposition audio. 13 will continue to take place unless all parties 14 agree to go off the record. 15 09:02 09:02 Audio and video recording This is Media Unit 1 of the 16 video-recorded deposition of Alicia Ault, taken 17 by counsel for plaintiff -- no, defendant. 18 MR. MILLER: 19 THE VIDEOGRAPHER: 20 -- counsel for defendant, in the matter 21 of County of Los Angeles versus Alex Villanueva, 22 et al., filed in Superior Court of the State of 23 California, County of Los Angeles, Case 24 No. 19STCP00630. 25 at 865 South Figueroa Street, 10th Floor, 09:03 No, for defendant. Okay. Thank you. 09:03 The deposition is being held 09:03 Page 6 Veritext Legal Solutions 866 299-5127 Page 10 1 Los Angeles, California. 2 the third floor. 3 We are currently on My name is David West. The court 4 reporter is Audra Cramer. 5 Legal Solutions. 6 administer an oath. 7 party in this action, nor am I financially 8 interested in the outcome. 9 09:03 We are from Veritext I am not authorized to 09:03 I am not related to any Counsel will now state their 10 appearances and affiliations for the record. 11 there are any objections to proceeding, please 12 state them at the time of your appearance. 13 MR. GORDON: If John Gordon for 14 respondents and defendants Alex Villanueva and 15 LA County Sheriff's Department, and with me is 16 Chief Lawrence Del Mese of the Los Angeles 17 County Sheriff's Department. 18 MR. MILLER: And I'm Skip Miller. representing the plaintiff and I'm representing 20 Ms. Ault. 22 23 09:04 I'm 19 21 09:04 09:04 MS. SANCHIRICO: Emily Sanchirico, also for the county and Ms. Ault. THE VIDEOGRAPHER: Thank you. 24 25 Page 7 Veritext Legal Solutions 866 299-5127 Page 11 1 2 The court reporter may now swear the 09:04 witness in, and we will proceed. 3 4 ALICIA AULT, 5 having been first duly sworn, was 6 examined and testified as follows: 09:05 7 8 9 10 MR. MILLER: Before you start, I have a couple of preliminary matters. Pursuant to your subpoena, we're 09:05 11 producing documents that I've marked 12 Bates-stamped AULT 00001 versus 45, and I'm 13 going to hand them to you right now. 14 The second question I have is by what 15 authority is Mr. Del Mese present at this 16 deposition? 17 MR. GORDON: He's -- 18 MR. MILLER: He's not a party. 19 09:05 He's not a defendant. 20 MR. GORDON: He's the -- 21 MR. MILLER: He's not the sheriff. 22 MR. GORDON: He's the client 23 representative for Los Angeles County Sheriff's 24 Department. 25 MR. MILLER: And what's his capacity? 09:05 09:05 Page 8 Veritext Legal Solutions 866 299-5127 Page 12 1 MR. GORDON: What do you mean what's 2 his capacity? 3 County Sheriff's Department. 4 5 He's a chief at the Los Angeles MR. MILLER: Chief of? I'd like to know his -- what he does there. 6 MR. GORDON: 7 MR. DEL MESE: 8 MR. MILLER: 9 Okay. 09:05 Do you have a card? I do. That'd be great. 10 MR. GORDON: 11 Lawrence Del Mese is a chief of the 12 09:05 Can I see it? 09:06 LA County Sheriff's Department. 13 MR. MILLER: Okay. Thank you. 14 15 16 17 18 EXAMINATION BY MR. GORDON: Q. Ms. Ault, have you ever been deposed before? 19 A. Yes. 20 Q. About how many times? 21 A. About four. 22 Q. And were those in criminal cases? 23 A. No. 24 Q. Administrative cases? 25 A. Yes. 09:07 09:07 Page 9 Veritext Legal Solutions 866 299-5127 Page 13 1 2 Q. All four were in administrative cases involving LA County Sheriff's Department? 3 A. Yes. 4 Q. And what was your role as a witness in 5 6 the first of those four cases? A. be that of a subject matter expert on whatever 8 the deposition was related to. Q. And were any of them depositions 10 involving LASD matter in which you were not a 11 subject matter expert? 12 13 14 15 A. No. a subject matter expert on all those instances. Q. Now, you understand that this deposition will be under oath; right? A. Absolutely. 17 Q. And you understand you will be subject 18 to penalties of perjury if you intentionally 19 make a false statement under oath; right? 20 A. I do. 21 Q. And you were placed under oath in your 09:08 09:08 prior approximately four depositions; right? 23 A. Correct. 24 Q. Now, I'll be asking you questions, and 25 09:07 My recollection is I was there as 16 22 09:07 So in most of the cases, my role was to 7 9 09:07 your counsel may object, but unless he instructs 09:08 Page 10 Veritext Legal Solutions 866 299-5127 Page 14 1 you not to answer and you abide by that 2 instruction, you're required to answer my 3 questions. 4 Do you understand that? 5 A. I do. 6 Q. Are you represented by an attorney 7 today? 8 A. Yes. 9 Q. Who is that? 10 A. Mr. Miller. 11 Q. And he's the gentleman sitting next to 13 A. He is. 14 Q. Now, you must answer questions audibly 12 15 09:08 09:08 09:08 you? or with words. 09:08 16 You understand that nods or shakes of 17 the head can't be transcribed by the reporter; 18 right? 19 A. I do. 20 Q. Now, the court reporter is transcribing 21 this deposition, and she can take down the words 22 of only one speaker at a time. 23 until I finish my question before answering, and 24 I'll wait until you finish answering before 25 asking my next question. 09:08 So please wait Okay? 09:09 Page 11 Veritext Legal Solutions 866 299-5127 Page 15 1 A. Okay. 09:09 2 Q. Please ask for clarification if you 3 don't understand a question of mine, and I will 4 do my best to rephrase it. 5 question, it will be assumed that you understood 6 it. 7 If you answer the 09:09 Do you understand that? 8 A. Yes. 9 Q. Now, if you need a break, let me know, 10 but you need to answer any pending question 11 before we break unless you need to consult with 12 your attorney about whether you have a legal 13 privilege not to answer. 14 09:09 Do you understand that? 15 A. I do. 09:09 16 Q. So the general rule is if I ask you a 17 question that you're not crazy about answering, 18 other than a privilege, it's not consistent with 19 the rules to go out and discuss what your answer 20 should be. 21 09:09 Do you understand that? 22 A. I do. 23 Q. Now, there may be times where you don't 24 have exact information but you can make a 25 reasonable approximation. For example, when I 09:09 Page 12 Veritext Legal Solutions 866 299-5127 Page 16 1 asked you about how many depos you had testified 2 in, I think you said approximately four or about 3 four. 4 the answer is, if you can still approximate how 5 many it is, then you should do what you did and 6 say approximately or about or around four. 09:10 So long as you don't know exactly what 7 09:10 Do you understand that? 8 A. I do. 9 Q. And if you can't make any 10 approximation, then let me know, and I can 11 figure out how, if at all, to rephrase my 12 question. 13 Now, there may be times where you 14 believe you know the answer but you aren't 15 100 percent certain. 16 answer but aren't sure, then please let me know 17 what you believe to be the answer with the 18 caveat or the qualification that you're not 19 positive but you believe that to be the answer. 20 Okay? If you believe you know an 09:10 09:10 09:10 21 A. Understood. 22 Q. Now, after this deposition is over, 23 you'll have an opportunity to review the 24 transcript that the court reporter is going to 25 prepare that documents everything I asked, 09:10 Page 13 Veritext Legal Solutions 866 299-5127 Page 17 1 everything you said, anything your counsel may 2 have said during the deposition. 3 chance to review it and make changes to that 4 transcript, but you understand that counsel can 5 comment on any such changes at the time of any 6 later court proceeding. 7 You'll have a 09:11 Do you understand that? 8 A. I do. 9 Q. I'm correct in assuming, of course, 10 that you've never been convicted of a felony; 11 right? 12 A. That is true. 13 Q. Is there any reason you can't give your 14 best testimony today because you're taking 15 medication that affects your state of mind or 16 you're ill or anything else? 17 A. No. 18 Q. So as far as you know, there's no 19 reason you can't give your full and truthful 20 testimony today; right? 21 A. Correct. 22 Q. Now, did you communicate with anyone 23 09:10 09:11 09:11 09:11 for purposes of preparing for this deposition? 24 A. With my attorney. 25 Q. And is that Mr. Miller? 09:11 Page 14 Veritext Legal Solutions 866 299-5127 Page 18 1 A. Yes, it is. 09:11 2 Q. Any other attorneys besides Mr. Miller 3 that you communicated with to prepare for the 4 deposition? 5 A. No. 09:11 6 Q. About how many times -- how many 7 separate occasions did you communicate with 8 Mr. Miller to prepare for this deposition? 9 A. I believe it was three. 10 Q. And were those in person -- 11 MR. MILLER: 12 You also -- there were also other Wait a second. 13 people in my office who were at those meetings 14 too. 15 16 THE WITNESS: 19 20 There were, but I don't MR. MILLER: Yeah, that's okay. BY MR. GORDON: Q. Okay. So there were other attorneys, but you don't know their names? 21 A. No. 22 Q. And all three of those times you 23 communicated with Mr. Miller to prepare for this 24 deposition substantively in person? 25 09:12 know who they are. 17 18 09:12 A. No. 09:12 09:12 Page 15 Veritext Legal Solutions 866 299-5127 Page 19 1 Q. How many were in person? 2 A. One. 3 Q. And the other two, were they by 4 telephone? 5 A. Yes. 6 Q. And did you also communicate with 09:12 09:12 7 Mr. Miller through emails about the substance of 8 any matters for the deposition? 9 10 A. The emails were, as I recall, scheduling, the scheduling. 11 MR. MILLER: 09:12 Wait, wait, wait, wait. 12 Don't tell him what our emails were about. 13 can ask you if we emailed each other, but I 14 don't want him -- I don't want you to talk about 15 what was in the emails because that's 16 attorney-client privilege. 17 THE WITNESS: 18 MR. MILLER: 19 22 23 24 25 09:13 Correct. So I'm going to move to strike that last -- just be careful about that. 20 21 He Move to strike that last answer. 09:13 BY MR. GORDON: Q. Do you have a written engagement agreement with Mr. Miller's firm? MR. MILLER: I'm going to assert attorney-client privilege and instruct you not 09:13 Page 16 Veritext Legal Solutions 866 299-5127 Page 20 1 to answer that. 2 BY MR. GORDON: 09:13 3 MR. GORDON: And are you abiding -- 4 Can we stipulate that the witness will 5 abide by every instruction not to answer, and I 6 don't need to -- 7 MR. MILLER: I hope so, John. 8 MR. GORDON: -- question whether she's 9 following your advice. 10 MR. MILLER: 11 that. 12 BY MR. GORDON: 13 Q. Yep, we can stipulate to 09:13 For the one time you met in person, 14 about how long did you meet with Mr. Miller and 15 any other attorneys to prepare for your 16 deposition? 17 A. In the neighborhood of an hour. 18 Q. And the two phone calls that you had 19 with Mr. Miller to prepare for your deposition, 20 about how long were they in total? 21 A. Around an hour. 22 Q. Did you review any documents to prepare 23 09:13 09:13 09:13 to testify at this deposition? 24 A. I provided documents that I had, yes. 25 Q. And did you review the documents during 09:14 Page 17 Veritext Legal Solutions 866 299-5127 Page 21 1 your preparation? 09:14 2 A. I did. 3 Q. Approximately how long did you spend 4 reviewing documents to prepare for this 5 deposition? 09:14 6 A. Half an hour to 45 minutes. 7 Q. And approximately how many different 8 documents did you review to prepare for your 9 deposition? 10 A. I'll estimate around five. 11 Q. Did you review any documents that 12 13 14 15 refreshed your recollection about anything? A. The documents that I reviewed were helpful, yes. Q. And which documents refreshed your 16 recollection about something? 17 MR. MILLER: handed you at the beginning of the deposition, 19 if we can cut through it. MR. GORDON: You're not testifying 21 though, Skip. 22 for her own recollection and understanding of 23 which documents refreshed her recollection about 24 something. 25 09:14 The documents that we just 18 20 09:14 09:14 So I'm allowed to ask the witness THE WITNESS: The documents -- I 09:15 Page 18 Veritext Legal Solutions 866 299-5127 Page 22 1 wouldn't use the term "refreshed my 2 recollection." 3 recollection. 4 BY MR. GORDON: 5 6 7 Q. 09:15 They just confirmed my And about how many different matters did they confirm your recollection on? A. You know, I would have to go through 8 them to -- I'd have to assess what each 9 recollection would have been, what each point on 10 the document would have been. 11 be hard for me to give you an estimate. 12 Q. And when -- I'm sorry. So it's going to have your in-person meeting with Mr. Miller to 14 prepare for your deposition? 15 A. 16 weeks. 17 Q. I would recall it was in the last three call that you had with Mr. Miller to prepare for 19 your deposition? 21 22 I couldn't -- I couldn't recall. But 09:15 it was probably within -- within a month maybe. Q. When was the second phone call that you 23 had with Mr. Miller to prepare for your 24 deposition? 25 09:15 And when was -- when was first phone 18 A. 09:15 When did you 13 20 09:15 A. The second phone call was a few days 09:16 Page 19 Veritext Legal Solutions 866 299-5127 Page 23 1 2 ago. A couple days ago. Q. 09:16 Have you discussed any substantive 3 matters concerning this deposition with anyone 4 other than your attorney? 5 MR. MILLER: I'm going to object. 6 don't understand that question. 7 ambiguous. 8 BY MR. GORDON: I It's vague and 9 Q. Do you understand the question? 10 A. Not particularly. 11 Q. So have you -- other than matters of 09:16 12 scheduling or logistics concerning where the 13 deposition would be, how you would get here, how 14 long it would take, have you discussed the 15 substance of any matters that you expected might 16 be raised at your deposition with anyone other 17 than your attorney? 18 19 MR. MILLER: 09:16 Objection. 09:16 Calls for speculation. 20 What do you mean "substance"? 21 Vague. 22 speculation. 23 BY MR. GORDON: Ambiguous. 09:16 Calls for 24 Q. Do you understand the question? 25 A. Not in particular. If there's a 09:16 Page 20 Veritext Legal Solutions 866 299-5127 Page 24 1 2 specific topic, I could answer that, but... Q. Have you ever discussed with anyone 3 other than Mr. Miller to prepare for this 4 deposition anything about the Mandoyan 5 discharge? 6 A. I've spoken about it with my husband. 7 Q. And -- 8 9 14 15 I'm going to assert marital privilege there. You should not testify to any THE WITNESS: Okay. BY MR. GORDON: Q. Are you basing any testimony -- strike that. 16 09:17 Did anything your husband said in 17 discussing the Mandoyan discharge matter refresh 18 your recollection about any matter concerning 19 that? 20 21 MR. MILLER: Objection. Marital 09:17 privilege. 22 Instruct you not to answer that 23 question. 24 BY MR. GORDON: 25 09:17 conversations you had with your spouse. 12 13 09:17 MR. MILLER: 10 11 09:16 Q. Have you discussed the Mandoyan 09:17 Page 21 Veritext Legal Solutions 866 299-5127 Page 25 1 discharge matter in preparing for this 2 deposition with anyone other than Mr. Miller and 3 your husband? 4 5 6 A. Q. 11 09:17 Anyone other -MR. MILLER: For the record -- for the record, Mira and Emily? 9 10 Your other partners. 7 8 The attorneys in the room. THE WITNESS: Correct. BY MR. GORDON: Q. 09:18 Other than Mr. Miller, the other two 12 attorneys at his firm and your husband, have you 13 discussed with anyone to preparing for this 14 deposition the Mandoyan discharge matter? 15 A. I have not. 16 Q. Other than possibly Mr. Miller, his two 17 09:17 09:18 attorneys and -- strike that. 18 Have you discussed with anyone other 19 than Mr. Miller or any attorneys at his firm the 20 issue of Mandoyan's reinstatement? 21 A. No. 22 Q. Have you discussed with anyone other 23 than Mr. Miller or attorneys at his firm any 24 issues that you believed you would be testifying 25 about today? 09:18 09:18 Page 22 Veritext Legal Solutions 866 299-5127 Page 26 1 2 MR. MILLER: about depo prep now; right? MR. GORDON: MR. MILLER: Is that what this whole MR. GORDON: Correct. If you listen to the questions. 11 09:18 MR. MILLER: 12 clear to me. 13 clarification. 14 Well, the last one wasn't That's why I'm asking for I appreciate your clarifying it. He's asking you about deposition 15 preparation other than with me and the other 16 attorneys in my office and your husband. 17 18 THE WITNESS: No. 20 The answer is no. 09:19 the proceedings.) 22 25 I did not discuss -- (Technical interruption in 21 24 09:19 well... 19 23 09:18 line of questioning is about, depo prep? 9 10 Yeah, that's what the question was. 7 8 09:18 The last question was -- you're asking 5 6 I have a question. I have a question. 3 4 Wait. THE VIDEOGRAPHER: Off the record, 9:20. (Recess taken.) THE VIDEOGRAPHER: On the record, 9:28. 09:19 Page 23 Veritext Legal Solutions 866 299-5127 Page 27 1 2 3 4 Go ahead. BY MR. GORDON: Q. Are you paying anything for your representation in this case? 5 6 09:27 MR. MILLER: Objection. 09:27 Attorney-client privilege. 7 Instruct you not to answer that. 8 I'll make it real simple for you, John: 9 She's a former county employee, and I'm 10 representing her in that capacity. 11 obvious. 12 BY MR. GORDON: 13 14 Q. Pretty What was the first full-time job you had as a law enforcement officer? 15 A. Deputy sheriff. 16 Q. And approximately when did you -- that 17 A. Yes. 19 Q. When did you join LASD as a deputy sheriff? 09:28 21 A. In 1984. 22 Q. And how long did you remain as a deputy 23 24 25 09:28 was with LASD, I assume? 18 20 09:27 sheriff -- in the rank of deputy sheriff? A. I promoted to sergeant in -- oh, my goodness. 09:28 Page 24 Veritext Legal Solutions 866 299-5127 Page 28 1 2 Q. What was the approximate year you became a sergeant? 3 A. I want to say 1997. 4 Q. And how long did you remain a sergeant 5 for LASD? 09:29 6 A. Three years. 7 Q. And so that was about in 2000 that you 8 got promoted again? 9 A. Yes. 10 Q. To what rank? 11 A. To lieutenant. 12 Q. About how long were you a lieutenant 13 A. 12 years. 15 Q. So from about 2000 to 2012? 16 A. Correct. 17 Q. And where were you stationed as a 19 20 09:29 with the sheriff's department? 14 18 09:28 09:29 lieutenant? A. City of Industry Sheriff's Station and Region III headquarters. 21 Q. 22 again? 23 A. Yes. 24 Q. To what? 25 A. Internal Affairs, captain. 09:29 And about in 2012 were you promoted 09:29 Page 25 Veritext Legal Solutions 866 299-5127 Page 29 1 Q. And -- 2 A. And if I can amend my lieutenant rank, 3 09:29 I was also lieutenant at Internal Affairs. 4 Q. During which years? 5 A. 2008 to '12. 6 Q. And in 2012 -- I'm sorry. 7 09:29 You said in about 2012 you were promoted to captain? 8 A. Correct. 9 Q. Over Internal Affairs? 10 A. Correct. 11 Q. Was that the only division or bureau 09:29 12 you had oversight responsibilities for once you 13 became a captain? 14 A. Yes. 15 Q. And did you have a second-in-command 16 when you were a captain of Internal Affairs 17 Bureau? 18 A. Yes. 19 Q. Who was that? 20 A. Lieutenant Donna Copeland. 21 Q. How long did you remain captain of the 22 09:30 09:30 Internal Affairs Bureau for the LASD? 23 A. About two years. 24 Q. So from about 2012 to 2014? 25 A. Correct. 09:30 Page 26 Veritext Legal Solutions 866 299-5127 Page 30 1 2 3 Q. What were your duties as captain of the Internal Affairs Bureau between 2012 and 2014? A. As the captain of Internal Affairs I 4 oversee a team of investigators who investigate 5 egregious incidents of violation of policy, all 6 on-duty and off-duty shootings and force that 7 reaches a certain threshold, as well as all of 8 the equity issues which are related to sexual 9 harassment and cultural, you know, type of 10 issues. 11 And then we -- I had a responsibility for the entire disciplinary process to make sure 13 cases were brought in and out on time throughout 14 the organization and recordkeeping for all of 15 that. 16 but that was the big -- those were the big 17 chunks of what I did. And just a variety of other small things, 18 Q. And in 2014 were you promoted again? 19 A. I was. 20 Q. To what? 21 A. Commander. 22 Q. And approximately when in 2014 were you 24 25 09:30 09:31 12 23 09:30 09:31 09:31 promoted to commander? A. Toward the end of the year. I want to say September or October. 09:31 Page 27 Veritext Legal Solutions 866 299-5127 Page 31 1 2 3 4 5 6 Q. So which sheriff promoted you to commander over Internal Affairs? A. I wasn't the commander over Internal Affairs at that -- when I got promoted. Q. Which sheriff was responsible for A. John Scott. 8 Q. How long did you remain commander with 10 11 oversight responsibilities that included Internal Affairs? A. 09:32 I was a commander for about two years, 12 two and a half years, but that wasn't 13 100 percent at Internal Affairs. 14 Q. What responsibilities and duties did 15 you have as commander between 2014 and sometime 16 in 2016 or so when you ceased being commander? 17 A. Let me correct that. commander in 2016 sometime, and I was promoted 19 again in 2018. 20 So to correct the time frame. 22 23 24 25 Q. Okay. 09:32 I promoted to 18 21 09:31 promoting you to commander in 2014? 7 9 09:31 So there was that time frame. 09:32 So between 2014 and 2016 you served as captain? A. Okay. Let me go back. My recollection is in 2012 I promoted to captain. Q. Uh-huh. 09:33 Page 28 Veritext Legal Solutions 866 299-5127 Page 32 1 2 3 A. In 2014 I promoted to commander, and then in 2018 promoted to chief. Q. All right. Going back to the commander 4 time from 2014 through -- I mean from 2016 to 5 2018; is that what you're saying? 09:33 6 A. Uh-huh. 7 Q. When were you promoted to chief in 8 2018? 9 A. In March. 10 Q. And that was a promotion under James 11 McDonnell? 12 A. Yes. 13 Q. What were your duties and 14 15 09:33 responsibilities as commander at LASD? A. So the commander rank is sort of an 16 oversight rank where you have responsibility for 17 a certain amount of captains in your division. 18 And you're a approver of certain aspects of 19 force and administrative paperwork. 20 there to just sort of assist the chief and then 21 make sure that you're working with your captains 22 and problem-solving and things of that nature. 23 09:33 Q. 09:33 And you're 09:33 So other than Internal Affairs, did you 24 have oversight responsibility for any specific 25 bureaus or divisions within LASD? 09:34 Page 29 Veritext Legal Solutions 866 299-5127 Page 33 1 2 A. I had two other assignments aside from Internal Affairs as a commander. 3 Q. Which were those? 4 A. Court services and countywide services. 5 Q. What did countywide services involve? 6 A. Countywide services involved our parks 7 bureaus, our countywide services bureau, which 8 dealt with administrative buildings, hospitals, 9 things of that nature. community-oriented policing group. And there 11 was one other. Parks, 12 courts -- oh, community colleges. 14 15 Q. I'm forgetting it. involve? A. Involved the management of the courthouses throughout the county as well as the 17 transportation bureau. 19 Q. promoted to chief? A. In March. 21 Q. And then you served as chief at the 23 24 25 09:34 Approximately when in 2018 did you get 20 22 09:34 What did court services oversight 16 18 09:34 There was also the 10 13 09:34 09:35 sheriff's department from March 2018 until when? A. Until my final exit day in January of 2019. Q. And was that January 2, 2019? 09:35 Page 30 Veritext Legal Solutions 866 299-5127 Page 34 1 A. Correct. 09:35 2 Q. What was the last day that you actually 3 went into the office as a member of the 4 sheriff's department? 5 A. I believe it was December 2. 6 Q. And when you ceased working for the 7 sheriff's department on January 2, 2019, was 8 that the result of a retirement? 9 A. Yes. 10 Q. When did you first decide you were 11 A. The evening of November 26. 13 Q. And why was it that you decided on that 14 particular day that you were going to retire 15 from the sheriff's department? A. that I felt was unethical and inconsistent with 18 my character and not consistent with how conduct 19 myself in my professional life, and I didn't 20 feel that there was a future for me in an 21 organization that was making decisions along 22 those lines. Q. 09:36 I felt that I was asked to do something 17 23 09:35 going to retire from the sheriff's department? 12 16 09:35 09:36 And what -- 24 MR. MILLER: Wait. 25 Can I have that answer read back. 09:36 Page 31 Veritext Legal Solutions 866 299-5127 Page 35 1 (Record read as follows: 2 "Answer: I felt that I was 3 asked to do something that I felt 4 was unethical and inconsistent 5 with my character and not 6 consistent with how conduct 7 myself in my professional life, 8 and I didn't feel that there was 9 a future for me in an 10 organization that was making 11 decisions along those lines.") 12 13 MR. MILLER: Thank you. BY MR. GORDON: 14 Q. And what was it that you were asked to 15 do that prompted you on November 26 to decide to 16 retire from the sheriff's department? 17 A. I was asked to engage in the 18 restoration of an employee who had been 19 terminated; to bring this employee back to 20 service. 21 09:37 Q. And which employee are you referring 23 A. An employee named Mandoyan. 24 Q. And who asked you to engage in a 22 25 09:36 to? restoration of Mandoyan's employment? 09:37 Page 32 Veritext Legal Solutions 866 299-5127 Page 36 1 2 A. The contact that I had was with Larry Del Mese. 3 Q. And he's the gentleman who's is sitting 4 next to me on the other side of the table from 5 you? 09:37 6 A. Yes, he is. 7 Q. And did he -- tell me exactly what -- 8 to the best of your recollection, what Lawrence 9 Del Mese asked you to do that you deemed to 10 warrant retiring from the sheriff's department 11 on November 26? 12 A. 09:37 When the call was made to me by Larry 13 the call started off with what I felt was 14 somewhat of a threat. 15 off with him telling me that he was looking at 16 an org chart and he saw my picture, but when I 17 questioned him, he wouldn't answer me as to 18 whether it was a current org chart or a future 19 org chart. 20 09:37 The conversation started And then the conversation moved on to 21 that he had a priority request from the 22 sheriff -- the incoming sheriff. 23 to me that this was the sheriff's No. 1 priority 24 and that this was important that this task get 25 accomplished before the end of the week because 09:38 09:38 He explained 09:38 Page 33 Veritext Legal Solutions 866 299-5127 Page 37 1 it mattered greatly to the incoming sheriff. 2 And then he explained to me that this 3 particular employee, who he named as Mandoyan, 4 had a case; that they wanted to bring him back 5 in the settlement agreement. 6 explained to me that there was a second case 7 that the employee had from his work history that 8 they wanted to change the outcome of that case 9 as well. And then he also 10 Q. You said this was a phone call? 11 A. Yes, it was. 12 Q. And where were you when you received 13 A. In my office. 15 Q. And approximately when on November 26, 16 2018, did you receive this phone call from 17 Lawrence Del Mese that you said prompted dollars 18 your retirement? A. between 12:00 and 2:00, 12:00 and 2:30, 21 somewhere in there. 23 09:39 Q. 09:39 It was somewhere in the neighborhood 20 22 09:38 the phone call? 14 19 09:38 09:39 And was November 26 the date of the sheriff election? 24 A. I don't believe so. 25 Q. So had the sheriff's election already 09:39 Page 34 Veritext Legal Solutions 866 299-5127 Page 38 1 occurred by the time you received this phone 2 call? 3 A. Yes. 4 Q. So you received the phone call after 5 the day on which the sheriff -- Villanueva had 6 won the sheriff's election? 7 A. Correct. 8 Q. Do you know about how many days after 9 09:39 09:39 the election in which Alex Villanueva won that 10 you received this phone call from Del Mese 11 asking you to participate in restoring Mandoyan 12 to duty? 13 A. So the election, if I recall, was 14 somewhere between November 2 and November 4. 15 don't know the exact date. 16 on the 26th, so it could just be broadly 17 construed as three weeks. 18 Q. 09:40 I And so this call was And about -- to your knowledge or based 19 on your recollection, do you recall whether you 20 understood Alex Villanueva to have been declared 21 the winner of the election on November 2 or 22 November -- around November 2 or November 4? 23 24 25 A. 09:40 09:40 I don't believe there was a declared winner at that point in time. Q. Do you recall whether there had been a 09:41 Page 35 Veritext Legal Solutions 866 299-5127 Page 39 1 declared winner by the time you received this 2 phone call from Lawrence Del Mese on November 26 3 that you've said prompted you to retire? 4 A. I believe there was. 5 Q. And about how long before you received 6 the phone call from Lawrence Del Mese in your 7 office did you understand there had been a 8 declared winner, namely, Alex Villanueva? 9 A. particular day, that was the day that Sheriff 11 McDonnell and Sheriff Villanueva agreed to begin 12 the transition from McDonnell's regime to the 13 Villanueva regime. 14 that specific date that there was an 15 understanding that Sheriff Villanueva was the 16 incoming sheriff. 18 MR. MILLER: 09:42 When you say "that specific date," you mean the 26th of November? THE WITNESS: 20 MR. MILLER: 22 09:41 And so I would put it on 19 21 09:41 My understanding was that on that 10 17 09:41 Yes. Okay. 09:42 BY MR. GORDON: Q. To your knowledge, did anyone hear any 23 portion of the conversation between you and 24 Lawrence Del Mese in which he asked you to 25 engage in the restoration of Mandoyan to duty as 09:42 Page 36 Veritext Legal Solutions 866 299-5127 Page 40 1 a deputy sheriff? 09:42 2 A. No. 3 Q. And about how many more days did you 4 physically come to work at the sheriff's 5 department after this November 26 phone call? 6 7 8 9 A. I came to work, including that day, five. Q. So your last day physically appearing at work was four days after November 26? 10 A. Yes. 11 Q. When you asked Larry Del Mese 12 09:43 whether -- strike that. 13 Did you say that you asked Larry 14 Del Mese whether he was looking at a current or 15 past organization chart when he saw your 16 picture? 17 09:43 A. 09:44 I asked him if the org chart was the 18 one that was currently in place or one that was 19 future, meaning under the Villanueva org chart. 20 Q. And did he respond? 21 A. No. 22 Q. So there was just silence? 23 A. He didn't -- he didn't say yes or no. 24 He just -- he said, "Well, I'm just looking at 25 this org chart," and he wouldn't reveal whether 09:44 09:45 Page 37 Veritext Legal Solutions 866 299-5127 Page 41 1 it was the future one or the current one. 2 Q. And why did you ask him whether he was 3 looking at a current or future org chart when he 4 said that he was looking at an org chart and saw 5 your picture? 6 A. 09:45 Because I was interested in knowing 7 whether I was going to be one of the individuals 8 that had a future in the Villanueva regime; 9 whether I was going to have a job basically. 10 Q. And when you say whether you were going 11 to have a job, were you afraid you were going to 12 be terminated from the department if Villanueva 13 did not have you on his organization chart? 14 A. Absolutely. 15 Q. So you thought he was going to fire 17 A. Absolutely. 18 Q. What made you think that Villanueva was 16 09:45 09:45 you? 19 going to fire you from the department if you 20 weren't on his -- what you suspected might be a 21 future org chart? 22 09:45 A. 09:45 During the Villanueva campaign there 23 had been a lot of very clear conversation that 24 he was very displeased with the executive ranks; 25 that he was going to clean house and get rid of 09:46 Page 38 Veritext Legal Solutions 866 299-5127 Page 42 1 pretty much everyone. 2 counted, according to the rumors. 3 very angst-ridden time for all of us, being 4 at-will employees and not knowing if we had a 5 job in the future. 6 Q. The numbers had even been And it was a 09:46 So you believed that you were at risk 7 of being not only demoted from your position but 8 actually fired from the department by Villanueva 9 once he became the sheriff? 10 A. Absolutely. 11 Q. And you -- I believe you mentioned that 09:46 12 Larry Del Mese said something about wanting a 13 second case of Mandoyan's handled? 14 A. He wanted a second case where the 15 finding was founded. 16 finding of, if I recall correctly, it was 17 unfounded. 18 Q. 19 was about? 20 A. He did. 21 Q. What did he say about the second case He wanted it changed to a 09:47 that he wanted the finding changed from founded 23 to unfounded? 25 A. 09:47 Did he describe what that second case 22 24 09:46 The vague description was it had something to do with use of force or tactics. 09:47 Page 39 Veritext Legal Solutions 866 299-5127 Page 43 1 2 3 4 5 6 7 8 9 10 Q. And about how old do you understand that second case was? A. I couldn't estimate the time, but I would say it was well in the past. Q. Did you ever speak to Larry Del Mese A. My recollection is he called me again the next day to ask the status. Q. Where were you when he called on November 27, according to your testimony? A. In my office. 12 Q. Before asking you about that second 13 phone call, did you -- were you provided any 14 documents from Larry Del Mese in connection with 15 his phone call to you on November 26? 16 A. I was. 17 Q. Which documents were you provided? 18 A. You'd have to show me the packet so I 20 09:48 09:49 could describe it to you. MR. GORDON: I'm handing to the court 21 reporter to mark as Exhibit 1 a stack of 22 documents numbered AULT00001 to AULT00045. 23 09:48 again after this November 26 phone call? 11 19 09:47 MR. MILLER: 09:49 These are the documents 24 that I gave you at the beginning of the 25 deposition in response to your subpoena. 09:49 Page 40 Veritext Legal Solutions 866 299-5127 Page 44 1 2 MR. GORDON: Are you asking me that as a question? 3 MR. MILLER: No. I'm just clarifying 4 the record just to make sure that we understand 5 what we're talking about. 6 7 MR. GORDON: 09:50 I will ask her to explain what they are. 8 MR. MILLER: 9 Okay, John. Go for it. (Whereupon, Exhibit 1 was 10 marked for identification.) 11 MR. MILLER: 12 we marking this as Exhibit 1? 13 MR. GORDON: Yes. 14 MR. MILLER: Okay. May I please inquire: AULT1 through 45, the documents I produced in 16 the beginning of the deposition. 17 That's Exhibit 1? 18 MR. GORDON: Yes. 19 MR. MILLER: Okay. 21 09:50 Are We're talking about 15 20 09:49 Thank you. BY MR. GORDON: Q. 09:50 09:51 Would you please look at what's been 22 marked as Exhibit 1 and tell me whether this is 23 the set of documents that you have produced in 24 response to the deposition subpoena's demand for 25 documents that was served on you. 09:51 Page 41 Veritext Legal Solutions 866 299-5127 Page 45 1 A. Yes. 2 Q. And this is a set of documents that is 3 09:51 marked AULT00001 to AULT00045; correct? 4 A. Yes. 5 Q. And which of these documents are you 6 saying Larry Del Mese provided to you before 7 your call on November 26 -- strike that. 8 9 10 11 12 13 Did Larry Del Mese provide any of the documents in Exhibit 1 to you prior to you what you've said was the November 26 phone call? A. that phone call. Q. After the November 26 -- what you've said is the November 26 phone call with Larry 15 Del Mese, did he provide any of the documents in 16 AULT1 to AULT45 to you? 17 A. Yes, he did. 18 Q. Could you go through them and identify 19 for me which of those 45 pages of documents 20 Larry Del Mese provided to you. 22 09:52 He did not provide anything prior to 14 21 09:51 A. 09:52 09:52 He provided me pages 1, pages 2, pages 3 and pages 4. 23 Q. Is that it? 24 A. Yes. 25 Q. When did Larry Del Mese provide you the 09:52 Page 42 Veritext Legal Solutions 866 299-5127 Page 46 1 document that's entitled "Settlement Agreement" 2 and is marked AULT001 through AULT0004? 3 4 5 6 A. I believe he provided that on the same day or the next day. Q. I don't recall exactly. And how did he provide the settlement A. Via email. 8 Q. Was there any attached email or any 10 11 12 13 associated email that this was attached to from Larry Del Mese? A. 09:53 It was attached to an email that I received. Q. And is the email to you from Larry 14 Del Mese to which the settlement agreement in 15 AULT1 to AULT4 attached included in the 45 pages 16 of documents you provided to us? 17 A. document that we're talking about, 1 through 4, 19 was attached to an email on page 43. Q. So it was attached to the email that is 21 on the bottom half of AULT00043, and that bottom 22 half of the document is an email from Lawrence 23 Del Mese to Alicia Ault on November 26, 2018? 24 25 A. 09:53 I believe that the email -- or this 18 20 09:52 agreement marked AULT1 to AULT4 to you? 7 9 09:52 09:53 My recollection is that it was, but I wouldn't be clear unless I had possession of 09:54 Page 43 Veritext Legal Solutions 866 299-5127 Page 47 1 2 that email on the bottom half. Q. 09:54 And did you take with you when you left 3 the sheriff's department this document entitled 4 "Settlement Agreement" at AULT1 through AULT4? 5 A. Yes, I did. 09:54 6 Q. And did you maintain it from the time 7 you left the sheriff's department till the time 8 you produced it in response to the deposition 9 subpoena you were served? 10 A. I did. 09:54 11 Q. Is that document, the settlement 12 agreement, AULT1 through AULT4, the only 13 document that you have produced that Larry 14 Del Mese provided to you in connection with your 15 November 26 phone call? 16 A. Correct. 17 Q. Is that document the only document you 18 have had custody, possession or control over 19 concerning Larry Del Mese's request since the 20 time you were served with the subpoena? 21 A. No. 22 Q. So you've had custody, possession or 23 control over other documents provided to you by 24 Larry Del Mese in connection with his request 25 made to you on November 26 that you have not 09:55 09:55 09:55 Page 44 Veritext Legal Solutions 866 299-5127 Page 48 1 provided as part of your production in response 2 to the deposition subpoena; is that what you're 3 saying? 4 A. No -- 5 MR. MILLER: 6 THE WITNESS: 7 10 I don't think so. -- that's not what I'm MR. MILLER: No. BY MR. GORDON: Q. And so what I'm asking you is, other 11 than this one settlement agreement document, 12 have you had custody, possession or control of 13 any other documents that Del Mese provided you 14 in connection with his November 26 request? 15 A. No. 16 Q. Did you have any other discussion in your November 26 phone call with Larry Del Mese 18 besides what you have described in your 19 testimony so far today? 20 A. I'm not clear on the question. 21 Q. So you've told me a number of things 22 that were said by Larry Del Mese, and you've 23 told me a number of things that were said by you 24 during the November 26 phone call; right? A. 09:55 09:56 17 25 09:55 saying. 8 9 09:55 Yes. 09:56 09:56 Page 45 Veritext Legal Solutions 866 299-5127 Page 49 1 Q. I'm asking you: Have you now told me 2 everything you can remember that was said by 3 either you or Lawrence Del Mese during the 4 November 26 phone call? 5 A. No. 6 Q. What else was said during the 09:57 7 November 26 phone call that you haven't already 8 testified about in your deposition today? 9 A. So during that phone call Larry asked 10 me what the procedures were for returning 11 someone to work; who would be the authority 12 individual that would sign off on the documents; 13 we talked about how this was an unprecedented 14 request and that this hasn't been done before at 15 this stage. 16 09:57 09:57 I asked a lot of questions about the 17 second case as to why that was being -- having 18 its historical record changed. 19 about what the timeline was. 20 explained to him who -- as we call it in the 21 department, who the decision-maker would be and 22 who he needed to direct this to for them to sign 23 off on it; if anybody was going to be willing to 24 do that. 25 09:56 I asked him And then I And then I also explained to him that 09:58 09:58 Page 46 Veritext Legal Solutions 866 299-5127 Page 50 1 something of this nature would not only require 2 a division chief to sign off on it, but it would 3 need an assistant sheriff's approval and 4 ultimately the undersheriff's approval for this 5 to happen. 09:58 6 Also during that conversation he made 7 it clear that they wanted this done by Friday. 8 I asked him why it couldn't wait until Monday 9 when the new sheriff was sworn in and there 10 wouldn't be any speed bumps to that, and he said 11 that he was of the opinion that this was a 12 priority issue, and it needed to be done by 13 Friday and that they wanted it done under the 14 Jim McDonnell regime and not -- not to wait 15 until Monday. 16 17 18 Q. 09:58 09:58 So the Monday was December 3, the day that Sheriff Villanueva would take office? A. I saw you looking at the calendar. If 19 that's the date that was subsequent to that, 20 then I would agree with that. 21 date was, it was the date of the swearing-in for 22 Sheriff Villanueva. 23 09:58 Q. Whatever that 09:59 And did Larry Del Mese say anything 24 about the details of the second case that 25 warranted a revision of the findings in that 10:00 Page 47 Veritext Legal Solutions 866 299-5127 Page 51 1 case? 10:00 2 A. No. 3 Q. Did Larry Del Mese say anything about 4 the timeline that you asked about during this 5 phone call? 6 A. 10:00 Other than that this was the sheriff's 7 No. 1 priority and that the sheriff wanted it 8 done -- and when I say "the sheriff," I say 9 Villanueva -- and that the sheriff wanted this 10 done and wanted it done by Friday before people 11 in the Sheriff McDonnell administration left 12 their positions. 13 14 MR. MILLER: 10:00 Can I have that answer read back, please. 15 (Record read as follows: 16 "Answer: Other than that 17 this was the sheriff's No. 1 18 priority and that the sheriff 19 wanted it done -- and when I say 20 'the sheriff,' I say 21 Villanueva -- and that the 22 sheriff wanted this done and 23 wanted it done by Friday before 24 people in the Sheriff McDonnell 25 administration left their Page 48 Veritext Legal Solutions 866 299-5127 Page 52 1 2 3 positions.") BY MR. GORDON: Q. Did Larry Del Mese say anything about 4 the decision-maker that you asked about 5 concerning the Mandoyan possible reinstatement? 6 A. I explained to him who the 7 decision-maker should be and the process they 8 would need to follow and that it would require 9 undersheriff approval. And then he asked me to 10 make a direct appeal to the then undersheriff, 11 Jacques La Berge, and to see what his response 12 would be. 13 14 15 Q. request? A. I said, "I'll make that call, and I'll let you know what the outcome is." 17 doubtful that he would do it. Q. 10:01 But I was Did you explain to Larry Del Mese that 19 you were doubtful that the undersheriff under 20 McDonnell would agree to it? 21 A. Absolutely. 22 Q. And did Larry Del Mese say anything in 23 10:01 And what did you say in response to his 16 18 10:01 10:01 response to that comment by you? 24 A. 25 says." He said, "Make the call and see what he 10:01 Page 49 Veritext Legal Solutions 866 299-5127 Page 53 1 Q. Did you make the call? 2 A. I did. 3 Q. And what did Undersheriff La Berge say? 4 A. He said he absolutely would not sign 5 off on it and that if Sheriff Villanueva wanted 6 it done, then he can do it himself on Monday. 7 8 MR. MILLER: How do you spell THE WITNESS: 10 12 10:02 "La Berge"? 9 11 10:02 MR. MILLER: L-a, B-e-r-g-e. Thank you. 10:02 BY MR. GORDON: Q. Did Larry Del Mese say anything else 13 during that November 26 phone call that you 14 remember that you haven't already told me about? 15 A. Not to my recollection. 16 Q. Did you say anything else during that 17 November 26 phone call that you haven't already 18 told me about? 19 A. No, I did not. 20 Q. So, to the best of your recollection, 21 you've now testified about everything that was 22 said by either you or Lawrence Del Mese in the 23 November 26 phone call; is that right? 24 A. To the best of my recollection, yes. 25 Q. After you received the November 26 10:02 10:02 10:03 Page 50 Veritext Legal Solutions 866 299-5127 Page 54 1 phone call, other than making the call to 2 Undersheriff La Berge, did you speak with anyone 3 else about the request that had been made to 4 you? 5 A. I spoke to a member of county counsel. 6 Q. Who was that? 7 A. Pirjo Ranasinghe. 8 Q. Could you spell that, please. 9 A. First name is Pirjo, P-i-r-j-o, and 10 I'll do my best with the last name. 11 to be R-a-n-a-s-i-n-g-h-e. 12 13 14 15 16 17 18 19 20 Q. 10:03 10:03 When did you speak with the county counsel member? A. Right after I hung up from Larry Del Mese. Q. 10:04 And what did you communicate to the county counsel member? A. I conveyed the request. MR. MILLER: I don't want to go into attorney-client privilege here. 21 THE WITNESS: 22 MR. MILLER: 23 It's going 10:03 10:04 Correct. So you can -- don't go into the substance of it. 24 THE WITNESS: 25 MR. MILLER: Right. You can say who you spoke 10:04 Page 51 Veritext Legal Solutions 866 299-5127 Page 55 1 to and "I conveyed the request" -- 2 THE WITNESS: 3 MR. MILLER: 4 substantive discussion -THE WITNESS: 6 MR. MILLER: 10:04 communication. THE WITNESS: 9 conveyed the request. 10 12 No. -- of attorney-client 8 11 Yes. But don't -- no 5 7 MR. MILLER: Right. Just that I Okay. 10:04 BY MR. GORDON: Q. And did you say anything else during 13 that phone call with the county counsel 14 attorney? 15 MR. MILLER: Just don't testify to 16 attorney-client substantive, you know, 17 confidential communications, but otherwise, you 18 can answer the question. 19 THE WITNESS: conversation that falls under the 21 attorney-client privilege. 22 BY MR. GORDON: Q. 10:04 We did have other 20 23 10:04 10:04 Did the county counsel attorney say 24 anything to you in response to your conveyance 25 of the request? 10:05 Page 52 Veritext Legal Solutions 866 299-5127 Page 56 1 2 MR. MILLER: instruction. 3 Same objection, same No attorney-client communications. THE WITNESS: All of it was -- all of 4 our conversation, just aside from the broad 5 terms of this request was conveyed, fell under 6 the attorney-client privilege. 7 BY MR. GORDON: 8 9 Q. besides this county counsel attorney concerning the request that had been made to you during the 11 November 26 phone call from Larry Del Mese? 12 A. I did not. 13 Q. Why did you decide to call the county 14 counsel attorney after receiving the request 15 from Larry Del Mese on November 26? A. 10:05 10:05 I contacted county counsel because the 17 request, in my experience, was unprecedented and 18 unheard of. 19 asserted that this was possible to be done, and 20 I didn't believe it was, and so I consulted 21 county counsel, who is the adviser for us, to 22 explain the request and get their legal opinion 23 on it. 24 Q. 25 10:05 Did you communicate with anyone else 10 16 10:05 During the conversation Larry 10:06 When you say that Ms. Ranasinghe was the adviser to you, that is, Los Angeles 10:06 Page 53 Veritext Legal Solutions 866 299-5127 Page 57 1 Sheriff's Department, she was not the only 10:06 2 county counsel attorney assigned to the Advocacy 3 Unit at LASD; right? 4 A. That's correct. 5 Q. About how many county counsel attorneys 6 were signed to the Advocacy Unit in November of 7 2018? 8 A. I would say in the neighborhood of six. 9 Q. Who were they? 10 A. So in the office there would have been 11 Pirjo Ranasinghe, Chris Keosian, Mahdi 12 Mohamed -- I can picture her face but her name 13 is not coming -- Cassandra Lo, Wendy Shaw. 14 there's one other gentleman who was recently 15 assigned there, but I cannot recall his name 16 right now. 17 just call him the new guy, because I cannot 18 remember his name right now. 19 20 21 Q. Was Elizabeth Miller county counsel 23 the sheriff's department. 25 10:07 She was not assigned to Advocacy, but she was a county counsel attorney assigned to Q. 10:07 For the purposes of this, we can 22 24 10:06 And attorney at that time assigned to Advocacy? A. 10:06 Which division or unit of sheriff's department was Elizabeth Miller assigned to at 10:07 Page 54 Veritext Legal Solutions 866 299-5127 Page 58 1 2 the time of the November 26 phone call? A. 10:07 The way I would describe her role is 3 that she was assigned as the lead counsel to the 4 department, but she was not specifically 5 assigned to Advocacy. 6 Q. 10:08 Were there any other county counsel 7 attorneys assigned to LASD to provide advice to 8 LASD besides Elizabeth Miller and the -- one, 9 two, three, four, five -- six other county 10 counsel attorneys you identified by name, with 11 the exception of the new assignee, who was a 12 gentleman? 13 A. There are other attorneys that are 14 assigned to the department. 15 they are. 16 areas, and then there's just a multitude of 17 contract counsel. 18 begin to name them. 19 Q. I don't know who They're assigned to custody in other When you engaged in the phone call with county counsel's attorney Pirjo Ranasinghe on 21 November 26 after speaking with Larry Del Mese, 22 did you intend for that call to remain secret 23 from anyone else at the sheriff's department? 25 10:08 So I don't -- I couldn't 20 24 10:08 MR. MILLER: Wait. Objection. understand that question. 10:08 I don't 10:09 Page 55 Veritext Legal Solutions 866 299-5127 Page 59 1 2 BY MR. GORDON: Q. 3 10:09 Do you understand what I'm asking? MR. MILLER: Vague. 4 ask you to rephrase it. 5 BY MR. GORDON: Ambiguous. I'd 10:09 6 Q. Do you understand the question? 7 A. It's a little vague for me. 8 Q. Well, you placed this phone call right 9 after you spoke with Larry Del Mese, and you 10 called the county counsel attorney, 11 Ms. Ranasinghe; right? 12 A. Correct. 13 Q. When you did that, did you get anyone 14 else who was a peace officer from LASD on the 15 line with you when you made the call? 16 A. No. 17 Q. Did you report to anyone at LASD after 18 you had the phone call with Ms. Ranasinghe about 19 the communication you had with her? 20 A. I did. 21 Q. Who else at LASD did you report your conversation with Ms. Ranasinghe to after you 23 had it with her on November 26? 25 A. 10:09 10:09 22 24 10:09 When I called my boss, the undersheriff, Mr. La Berge, I told him that I'd 10:10 Page 56 Veritext Legal Solutions 866 299-5127 Page 60 1 2 3 4 contacted county counsel prior to calling him. Q. And what did you tell him about that call? A. 5 I told -MR. MILLER: Wait, wait, wait, wait. 6 don't want you to relay to the Undersheriff 7 La Berge what you -- 8 THE WITNESS: 9 MR. MILLER: 10 12 MR. MILLER: 13 THE WITNESS: So... I just notified him I had that conversation that was about this matter, 15 and he understood that. 16 BY MR. GORDON: substance of your call with Ms. Ranasinghe when 19 you called Undersheriff La Berge? I told Mr. La Berge that I had 21 contacted county counsel to explain the 22 situation to them, and then I explained to him 23 what the ask was from Larry Del Mese. 24 25 Q. 10:10 Did you describe the substance -- any 18 A. 10:10 Correct. 14 Q. 10:10 Correct. counsel, because that would be privileged. THE WITNESS: 20 I -- discussed with county 11 17 10:10 10:10 And did you explain to him what, if anything, county counsel's attorney, 10:11 Page 57 Veritext Legal Solutions 866 299-5127 Page 61 1 Ms. Ranasinghe, told you about the matter during 2 your phone call with her? 3 A. 4 No. MR. MILLER: Okay. Objection. 5 That's -- the answer was no, so I guess I don't 6 have to object. 7 THE WITNESS: 8 No. 9 10 10:11 You don't have to. BY MR. GORDON: Q. Did Undersheriff La Berge ask you what 11 the county counsel attorney had said during your 12 phone call with her earlier that day on 13 November 26? 14 A. No, not particularly that I recall. 15 Q. Did the undersheriff ask you anything 16 about your opinion or view as to whether the 17 request from Larry Del Mese could properly be 18 complied with? 19 A. No, that was not one of his questions. 20 Q. Did you communicate to Undersheriff 21 La Berge any view you had about the 22 appropriateness of complying with Larry 23 Del Mese's request made earlier that date on 24 November 26? 25 10:11 A. No, I did not. 10:11 10:11 10:11 10:12 Page 58 Veritext Legal Solutions 866 299-5127 Page 62 1 Q. Did you convey to him in any way, in 2 your mind, your disproval of the request that 3 Larry Del Mese had made to you? 4 5 MR. MILLER: Did you convey to Undersheriff La Berge, you mean? 6 MR. GORDON: Correct. 7 MR. MILLER: Okay. 8 THE WITNESS: 9 10:12 Not in particular. BY MR. GORDON: 10 Q. Well, in general? 11 A. I conveyed the request. 12 Q. Right. 10:12 But did you do anything that, 13 in your mind, was conveying your disfavor of the 14 request that Larry Del Mese had made to you? 15 A. Not in particular. 16 Q. I know that you said, "Not in 17 18 10:12 particular." I'm asking you in any way in general, 19 by your tone or any other comment that you made, 20 were you, in your mind, conveying to him that 21 you disfavored the request? 22 23 24 10:12 MR. MILLER: Objection. 10:12 Asked and answered now about four times. You can answer it again if you want to. 25 Page 59 Veritext Legal Solutions 866 299-5127 Page 63 1 2 BY MR. GORDON: Q. 10:13 I'm not asking you in particular. 3 asking you anything that you did that you 4 thought was conveying your disapproval. 5 6 7 A. I'm I didn't -- I don't believe I conveyed any approval or disapproval in the conversation. Q. Was there anything in your tone of 8 voice that you thought was conveying to him that 9 you thought it was an unwarranted request? 10 A. I think the request in and of itself to 11 people in my position and above me was 12 understood that the request was in and of itself 13 inappropriate. 14 or express any of that; it was understood. 15 16 17 Q. Why did you think that it was inappropriate? A. 10:13 What was it about it? So there are established procedures that are in place for these matters, and for 19 this matter to be at the level that it was 20 already, there had to be high-level approvals 21 for it to proceed. 22 by that point this case was to remain in the 23 system in the place that it was. 25 10:13 So there was no need to convey 18 24 10:13 10:14 And so it is understood that And there has never been this type of request made in the past, and so it was 10:14 Page 60 Veritext Legal Solutions 866 299-5127 Page 64 1 completely understood that this was a very 2 unprecedented request. 3 Q. And when you say it had never been made 4 in the past, were you privy to all requests made 5 to the upper management of the sheriff's 6 department concerning reinstatement of a 7 formerly discharged deputy if any had been made? 8 A. No. 9 Q. So when you say it was unprecedented, 10 you had never heard of one is what you're 11 saying; right? 12 A. Correct. 13 Q. Had you done any research to determine 14 whether anyone had ever sought to reinstate a 15 discharged deputy without a court order, for 16 example, doing it? 17 A. I've done no research on that. 18 Q. Have you done any research to determine 19 whether the sheriff's department had ever 20 reinstated a deputy on its own without obtaining 21 written approval from anyone outside the 22 department? 23 24 25 A. 10:14 10:14 10:14 10:15 10:15 No, I have not. MR. GORDON: All right. Why don't we take a break. 10:15 Page 61 Veritext Legal Solutions 866 299-5127 Page 65 1 MR. MILLER: How long? 2 MR. GORDON: Ten minutes. 3 MR. MILLER: Okay. 4 THE VIDEOGRAPHER: 5 10:15 Off the record, 10:16. 10:15 6 (Recess taken.) 7 THE VIDEOGRAPHER: Okay. The time is 8 10:27, and we are back on the record. 9 BY MR. GORDON: 10 Q. At the time you received the phone call 11 from Larry Del Mese, which you've said was on 12 November 26, had you learned whether James 13 McDonnell had conceded the election to Alex 14 Villanueva? 15 A. I don't recall that. 16 Q. Do you recall James McDonnell conceding 17 10:27 the election at some point to Alex Villanueva? 18 A. Yes. 19 Q. Did you determine in your own mind 20 before you learned that James McDonnell had 21 conceded the election that in fact Alex 22 Villanueva was going to be the sheriff? 23 10:26 A. 10:27 There was some point where I opined 24 that Villanueva would be the victor prior to the 25 announcement or the concession. 10:27 Page 62 Veritext Legal Solutions 866 299-5127 Page 66 1 Q. And do you know about how long it was 2 before you learned James McDonnell had conceded 3 the election that you determined in your own 4 mind that Alex Villanueva was going to be the 5 sheriff? 6 A. 10:27 I don't have a timeline. I just recall 7 what I would describe as seeing the handwriting 8 on the wall. 9 Q. And what was it that was the 10 handwriting on the wall that caused you to 11 believe that McDonnell was losing -- was, in 12 fact, going to be the defeated candidate in the 13 election? 14 15 16 17 18 19 20 A. 10:28 Were you keeping track of that as it happened? A. I paid attention to it, but I wasn't, you know, hanging on every word, if you will. Q. When you said Larry Del Mese in the 21 phone call to you on November 26 talked about 22 looking at an organization chart and seeing your 23 picture and you considered that a threat -- did 24 I understand that right? 25 10:28 I think it was based on the publishing of the registrar recorder's numbers of voters. Q. 10:27 A. You did. 10:28 10:28 Page 63 Veritext Legal Solutions 866 299-5127 Page 67 1 2 3 Q. What did you understand from him that made you believe that he was threatening you? A. So I felt that I had a strong enough 4 relationship with Larry Del Mese that he would 5 have been willing, had I been in good standing 6 with the new organization, to tell me that I 7 didn't have anything to worry about. 8 when he was not willing to even so much as 9 intimate what my future was in the organization, I felt that this request was in terms of either 11 a test or a threat to determine whether or not I 12 would fit in with that group and whether I was 13 willing to do what was being asked of me in 14 spite of any commentary or objection -- 15 Q. Did -- 16 A. -- that I had. MR. MILLER: Let her finish. 18 MR. GORDON: Skip, calm down. I -- she paused and I thought she was finished. 20 Q. Were you still speaking? 21 A. I was, but I'm done. 22 Q. All right. 23 A. I'm done now. 25 10:29 10:29 17 24 10:29 And so 10 19 10:28 MR. MILLER: to let her finish. 10:29 Are you done now? I'm calm. I just want you That's all. 10:30 Page 64 Veritext Legal Solutions 866 299-5127 Page 68 1 MR. GORDON: 2 let her finish. 3 was finished. 4 5 6 Of course I intended to 10:30 She paused and I thought she MR. MILLER: No problem. BY MR. GORDON: Q. 10:30 Was there anything in the tone of Larry 7 Del Mese that caused you to believe that it was 8 either a threat or a test? 9 10 11 12 A. I think the content of the conversation in and of itself was that. Q. 10:30 Did he say anything specifically that constituted, in your mind, a threat? 13 A. There was no overt threat. 14 Q. Was there anything in his tone that 15 made it sound like he was threatening you if you 16 didn't do what he requested? 17 MR. MILLER: 18 You mean did he yell at her or... 19 20 Objection. Vague. BY MR. GORDON: Q. I'm asking you if there was anything in 21 his tone that made you subjectively believe that 22 he was threatening you if you didn't comply with 23 his request. 24 25 10:30 A. The threat did not come in a tone. came in the content of the conversation. 10:30 It 10:30 Page 65 Veritext Legal Solutions 866 299-5127 Page 69 1 2 3 Q. Did he say anything about what would happen if you didn't comply with his request? A. He emphasized the importance to the 4 sheriff, and he emphasized the need for me to 5 get this done. 6 10:31 And in the conversation I had made it 7 clear to Larry that -- who the decision-maker 8 was, and that it was not me; it was other people 9 within the organization. And so when I got the 10 document that had my name written on it, I felt 11 that that was a forwarding of that -- we'll call 12 it a test or threat for me to comply and do what 13 was asked of me. 14 15 Q. 18 10:31 Did you say to him anything about your feeling that it was either a threat or a test? A. I expressed to him my great discomfort 19 with this request and how it was unprecedented 20 and I felt that it was inappropriate, but I 21 never directly commented to him on the fact that 22 I felt that this was either a threat or a test. 23 24 25 10:31 Did you ask him anything about -- strike that. 16 17 10:31 Q. 10:31 Did you tell anyone that you thought it was a threat or a test? A. That goes back to that privileged 10:32 Page 66 Veritext Legal Solutions 866 299-5127 Page 70 1 conversation. 10:32 2 MR. MILLER: 3 You mean the privileged conversation 4 Well, wait, wait, wait. with your husband? 5 THE WITNESS: 6 MR. MILLER: Yes. Yeah, I don't think that 7 you should talk about that. 8 privilege. 9 10 11 10:32 THE WITNESS: That's marital Uh-huh. BY MR. GORDON: Q. 10:32 Am I correct in understanding that you 12 said the day you received the phone call -- 13 strike that. 14 Have you now told me everything you can 15 remember that was said during the phone call 16 that you said occurred between you and Larry 17 Del Mese on November 26? 18 A. To the best of my recollection, I've 19 expressed over the course of your questions the 20 content of that conversation. 21 Q. 10:33 10:33 You said that there was another call 22 the next day by Larry Del Mese to ask the status 23 of his request; right? 24 A. Yes. 25 Q. Was anyone else present when you 10:33 Page 67 Veritext Legal Solutions 866 299-5127 Page 71 1 received that phone call? 2 A. No. 3 Q. To your knowledge, were the only two 4 people listening to the conversation you and 5 Larry Del Mese during that follow-up phone call 6 on November 27? 7 A. Yes. 8 Q. Other than Larry Del Mese asking you 9 10 11 else said during the conversation? A. 13 Because I think I again -- my recollection is 14 that I again asked him why it had to be so 15 urgent and why it couldn't just be done -- it'd 16 be easier that Sheriff Villanueva take this on 17 when he gets sworn into office. 20 Q. 10:34 And did Larry Del Mese respond in any way to your question? A. His response was consistent that it was 21 important, it was the sheriff's No. 1 priority, 22 and they really wanted it done by Friday. 23 10:34 Other than the need that it needed to get done and it needed to be done by Friday. 19 10:34 what the status was on his request, was anything 12 18 10:33 Q. 10:34 Was anything else said by either you or 24 Larry Del Mese during what you've said was the 25 follow-up phone conversation, November 27, about 10:35 Page 68 Veritext Legal Solutions 866 299-5127 Page 72 1 his request to get Mandoyan reinstated? 10:35 2 A. Not to my recollection. 3 Q. After the phone call that you said 4 occurred on November 27 as a follow-up phone 5 call to check status, did you ever again speak 6 with Larry Del Mese about the Mandoyan matter? 7 A. Not to my recollection. 8 Q. And the phone call that you had with 9 10 Larry Del Mese on November 27 was while you were in your office alone? 10:35 11 A. That's my recollection, yes. 12 Q. Did Ms. Ranasinghe provide you any 13 legal advice or opinion during your phone call 14 with her on November 26 after you had your phone 15 call with Larry Del Mese? 16 MR. MILLER: 10:36 Wait, wait, wait. You can 17 answer the question, but don't say what the 18 advice was, if there was any. 19 answer whether she gave you advice or not. 20 21 MR. GORDON: 24 25 You can just I said -- my question was 10:36 legal advice or opinion. 22 23 10:35 THE WITNESS: She did. BY MR. GORDON: Q. Did you share that legal advice or opinion with anyone else after she provided it? 10:36 Page 69 Veritext Legal Solutions 866 299-5127 Page 73 1 2 3 A. I believe I reconveyed that information to Mr. La Berge as a follow-up. Q. When you say it was as a follow-up, you 4 mean you spoke with him again after your call on 5 November 26 and conveyed the legal advice or 6 opinion that Ms. Ranasinghe had provided you in 7 the phone call on November 26? 8 A. Yes. 9 Q. About how long after your November 26 10 phone call did you pass on the legal advice or 11 opinion from Ms. Ranasinghe in your phone call 12 as a follow-up to Undersheriff La Berge? 13 14 A. 16 THE WITNESS: 19 20 Don't speculate. Q. MR. MILLER: You can do your best recollection -- 10:37 22 MR. MILLER: 25 Okay. What's your -- THE WITNESS: 24 10:37 BY MR. GORDON: 21 23 10:37 it was within days -MR. MILLER: 18 10:37 I don't recall, but I would speculate 15 17 10:36 My best --- but no speculation. (The reporter requested that the witness speak in turn.) MR. MILLER: We don't speculate in 10:37 Page 70 Veritext Legal Solutions 866 299-5127 Page 74 1 testimony. 2 Just -- THE WITNESS: 3 within days. 4 BY MR. GORDON: 5 10:37 Q. Okay. By best recollection is Did you communicate with 6 Elizabeth Miller about the request that Larry 7 Del Mese had made concerning the possible 8 reinstatement of Mandoyan? 9 A. No. 10 Q. Did you ever communicate with 11 Christopher Keosian about Mr. -- or Larry 12 Del Mese's request concerning Mandoyan? 13 A. No. 14 Q. Did you communicate with any of the 15 other attorneys from the county counsel's office 16 besides Ms. Ranasinghe concerning the 17 November 26 request from Larry Del Mese 18 concerning Mandoyan? 19 A. No. 20 Q. Am I correct in assuming that you were 21 never the subject yourself of any discipline 22 while employed by the sheriff's department? 23 A. Correct. 24 Q. After retiring from the sheriff's 25 department on January 2, 2019, have you worked 10:37 10:37 10:38 10:38 10:38 Page 71 Veritext Legal Solutions 866 299-5127 Page 75 1 for any organization? 10:38 2 A. No. 3 Q. Have you worked in any professional 4 capacity for -- in any way? 5 A. No. 6 Q. What is your recollection of when James 7 McDonnell served as LA County sheriff? 8 9 12 Q. Her recollection of the MR. GORDON: Yeah. Your best recollection of when he Does December 2014 to December 2018 sound correct? 15 A. That does sound correct. 16 Q. Are you familiar with any official 17 procedures that govern the settlement of 18 disputes over discipline imposed on sworn LASD 19 police officers during the McDonnell 20 administration from about December 2014 to about 21 December 2018? 22 23 MR. MILLER: read back, please. 24 25 10:39 served. 13 14 MR. MILLER: dates? 10 11 10:38 10:39 10:39 Can I have that question I'm not sure I followed it. THE REPORTER: Can you repeat it, Counsel. 10:39 Page 72 Veritext Legal Solutions 866 299-5127 Page 76 1 2 BY MR. GORDON: Q. 10:39 Are you familiar with any of the 3 official procedures that govern the settlement 4 of disputes over discipline imposed on sworn 5 LASD peace officers during the McDonnell 6 administration? 7 8 MR. MILLER: THE WITNESS: MR. MILLER: 15 10:39 You mean lawsuits? pre-lawsuits? 13 14 I would clarify what you mean by "disputes." 11 12 You can answer it if you know. 9 10 It's vague. BY MR. GORDON: Q. A deputy or a supervisory officer at 16 LASD challenging the discipline that was about 17 to -- that had been imposed on him. 18 A. Yes, I am. 19 Q. And how are you familiar with those 20 10:39 procedures? 10:40 10:40 21 A. Through the course of my employment. 22 Q. What was your understanding of any 23 official procedures that govern the settlement 24 of disputes over discipline imposed on an LASD 25 deputy or supervisory officer -- 10:40 Page 73 Veritext Legal Solutions 866 299-5127 Page 77 1 2 MR. MILLER: 7 MR. GORDON: Hold on. MR. MILLER: Okay. Let me finish my question. 5 6 Sure. 10:40 BY MR. GORDON: Q. -- imposed on an LASD deputy or 8 supervisory officer during the McDonnell 9 administration? 10 11 MR. MILLER: Okay. I'm going to 10:40 interpose an objection. 12 Is this disputes before they go to 13 court and are in litigation? 14 that are after lawsuits are filed? 15 clarify what you're talking about. 16 BY MR. GORDON: 17 10:40 objection? 3 4 Can I interpose an Q. Are these disputes Could you 10:40 I'm just asking you disputes at any 18 point after discipline has been imposed. So 19 it's resolving or settling a discipline case 20 after the settlement after discipline has 21 already been imposed. 22 Are you familiar with any procedures 23 that govern anywhere during that process from 24 that point forward? 25 MR. MILLER: You mean -- when you say 10:41 10:41 Page 74 Veritext Legal Solutions 866 299-5127 Page 78 1 "process and procedures" you mean internally to 2 the sheriff's department? 3 And I don't mean to be difficult here, 4 John. 5 BY MR. GORDON: 6 It's just a very broad, vague question. Q. 10:41 I'm trying to get your understanding of 7 what procedures governed LASD's ability to 8 settle any dispute over discipline imposed on 9 one of its officers, either deputies or 10 supervisory officers, while McDonnell was in 11 office. 12 MR. MILLER: 13 ambiguous. 14 break it down. 15 Objection. It's overbroad. answer it if you can. 17 THE WITNESS: I'd ask you to 10:41 I would agree with my 18 attorney. 19 vague. 20 use, and I don't understand what you're actually 21 asking me. 22 BY MR. GORDON: Q. 10:41 It's vague, I'm not going to instruct you not to 16 23 10:41 The question is so overbroad and And you're using terms that I would not 10:41 Are you familiar with any settlements 24 of disputes concerning discipline that had been 25 imposed on a deputy after a letter of imposition 10:42 Page 75 Veritext Legal Solutions 866 299-5127 Page 79 1 is issued and before it gets to a formal civil 2 service proceeding? 3 MR. MILLER: That's good. 4 THE WITNESS: Okay. The only way I can answer 5 that question is to say that there are 6 procedures for employees to grieve or challenge 7 the discipline at points along the way. 8 9 10 11 10:42 And so I -- I'm trying to answer your question. I think that's what you're asking me. BY MR. GORDON: Q. 10:42 And are you familiar with any of the 12 procedures that govern how the LASD can settle a 13 challenge by a deputy to discipline that has 14 already been imposed before it gets to the Civil 15 Service Commission? 10:42 16 A. Yes. 17 Q. And what is your understanding of what 18 those procedures are -- strike that -- what 19 those procedures were during the time McDonnell 20 was the sheriff? 21 A. 10:42 That is a very big question, and it 22 depends upon the level of discipline. 23 depends upon the facts of the case. 24 is independent and separate. 25 10:42 It Each case So I am familiar with broad -- I'd call 10:43 Page 76 Veritext Legal Solutions 866 299-5127 Page 80 1 2 them guidelines that would apply to that. Q. So for deputies who have actually been 3 discharged as a result of discipline imposed, 4 what is your understanding of what, if any, 5 procedures there were governing how LASD could 6 settle a challenge to a discharge before it 7 reached the Civil Service Commission during 8 McDonnell's administration? 9 10 THE WITNESS: question again, please. 10:43 (Record read as follows: 12 "Question: So for deputies 13 who have actually been discharged 14 as a result of discipline 15 imposed, what is your 16 understanding of what, if any, 17 procedures there were governing 18 how LASD could settle a challenge 19 to a discharge before it reached 20 the Civil Service Commission 21 during McDonald's [sic] 22 administration?") 24 25 MR. MILLER: 10:43 Could you read back that 11 23 10:43 Excuse me for a minute. I'm going to object -MR. GORDON: Hold on. 10:44 Page 77 Veritext Legal Solutions 866 299-5127 Page 81 1 2 And just for the record, it's "McDonnell." 3 10:44 So it's M-c-D-o-n-n-e-l-l. MR. MILLER: I'm going to object to 4 these questions. 5 don't seem to pertain to the subject matter of 6 the Mandoyan lawsuit. 7 They don't seem to -- they I'm not going to instruct her not to 8 answer it, because I don't think that's 9 necessary, but it seems kind of far afield. 10 appreciate you narrowing the questions. 11 could ask it again. 12 BY MR. GORDON: 13 10:44 Q. I'd If you So I'm trying to determine what, if 14 any, approval requirements you understood LASD 15 had to satisfy to settle a dispute by an LASD 16 sworn peace officer who had been discharged and 17 the dispute was in the stage after discharge 18 before Civil Service Commission proceedings were 19 initiated. 20 MR. MILLER: Go ahead and answer it if 21 you can more than you've already done. 22 mean, you -- 23 10:44 THE WITNESS: 10:44 10:45 And, I The question you're 24 asking is very broad, but I can be very broad in 25 response. 10:45 Page 78 Veritext Legal Solutions 866 299-5127 Page 82 1 So post Skelly discipline imposed which 2 you've leveled at discharge prior to a Civil 3 Service Commission hearing, that is in the 4 authority of a chief to make a determination, 5 based on new facts that may come into their 6 knowledge, to modify or change the discipline 7 based on a conversation, communication, 8 engagement, whatever you want to call it. 9 then that would have to be ran up the chain of 10 command through the division chief and the 11 assistant sheriff and the undersheriff. 12 10:45 And response. 14 BY MR. GORDON: Q. And if the proceeding had resulted in 16 initiation of a Civil Service Commission for 17 that same deputy in the hypothetical that I was 18 just describing, were the approval requirements 19 for LASD to settle that dispute over the 20 discharge any different from what you've just 21 described for proceedings that have not yet 22 reached the Civil Service Commission? 23 10:46 And that is a very broad, basic 13 15 10:45 MR. MILLER: Okay. 10:46 10:46 We're talking about 24 something that is a matter pending before the 25 Civil Service Commission? 10:46 Page 79 Veritext Legal Solutions 866 299-5127 Page 83 1 MR. GORDON: Correct. 2 MR. MILLER: It hasn't gone to court MR. GORDON: Correct. 3 yet? 4 5 10:46 I said resulted in initiation of a Civil Service Commission. 6 MR. MILLER: Okay. I'm going to 7 interpose an objection. 8 calls for a legal conclusion, but I'm not 9 instructing the witness. 10 11 This sounds like it So if you know, you can go ahead and THE WITNESS: Honestly, your question 13 is incredibly confusing to me because it's -- 14 you're -- I'm not understanding the point in 15 time that you're speaking of. 16 BY MR. GORDON: Q. It's not clear. 10:47 You just described for me what you 18 understood LASD requirements were for getting 19 approval to settle a dispute over discipline 20 imposed that resulted in discharge at a point in 21 time after imposition of a discharge before 22 initiation of a Civil Service Commission; right? 23 A. Correct. 24 Q. I'm just using the same hypothetical 25 10:47 answer it. 12 17 10:46 but now putting it later in time. So now a 10:47 10:47 Page 80 Veritext Legal Solutions 866 299-5127 Page 84 1 Civil Service Commission proceeding has been 2 initiated. 3 Did the approval requirements change 4 under the McDonnell administration within LASD 5 to settle that dispute? 10:47 6 A. That question is much clearer to me. 7 Q. Okay. 8 A. And nothing changed. 9 Q. Sorry. 10 A. The question was clearer to me now -- 11 Q. Yeah. 12 A. -- and nothing changes. 13 Q. Now, same hypothetical, carrying it And what's your answer? Sorry. 14 forward: 15 proceeding had resulted in affirmation of the 16 discharge and a writ petition -- petition for 17 writ of mandate had been filed by the deputy or 18 supervisory officer, what is your understanding 19 of the approval requirements for LASD to settle 20 that dispute by the discharged LASD officer? 21 22 23 24 25 10:47 10:47 After a Civil Service Commission MR. MILLER: 10:48 10:48 So we're now talking about a case that's in litigation in court; right? MR. GORDON: No. I just said it's in writ proceedings. MR. MILLER: Yeah, writ proceedings in 10:48 Page 81 Veritext Legal Solutions 866 299-5127 Page 85 1 court. So that clearly calls for a legal 2 conclusion. 3 4 5 MR. GORDON: 10:48 I'm not asking for a legal conclusion. Q. I'm asking you did you have an 10:48 6 understanding of what LASD itself imposed as an 7 approval requirement? 8 9 MR. MILLER: Yeah, but it's very clear that under the charter, Section 21, county 10 counsel has to sign off on settlement of 11 litigation. 12 conclusion, and that's outside the scope of this 13 witness's involvement or knowledge. 14 15 right? 24 25 MR. MILLER: Let me think about it. MR. GORDON: You're going to instruct I think... 10:49 someone not to answer -- 22 23 10:49 So I assume you're not instructing her; 20 21 First of all, it's not a basis to instruct. 18 19 So that calls for a legal MR. GORDON: 16 17 10:48 MR. MILLER: John. Calm down. I'm thinking about it, It's your turn to calm down. It really also impinges on attorney-client communication. I mean, now 10:49 Page 82 Veritext Legal Solutions 866 299-5127 Page 86 1 you've got -- you've clearly got county counsel 2 in the loop handling lawsuits. 3 4 MR. GORDON: Can you just state a basis for your objection. 5 MR. MILLER: Yeah, attorney -- 6 MR. GORDON: You don't need to -- 7 MR. MILLER: It impinges on 8 attorney-client privilege. 9 conclusion. her not to answer it. 11 appropriate. 12 BY MR. GORDON: Q. It calls for a legal I don't think it's department under the McDonnell administration 15 prior to your retirement, did you have an 16 understanding of what, if any, approval 17 requirements had to be met before the sheriff's 18 department could settle a dispute with a deputy 19 or supervisory officer who'd been discharged 20 when the dispute was actually in writ 21 proceedings before the Superior Court? MR. MILLER: that I just made to the same question. 24 BY MR. GORDON: Q. 10:50 10:50 It's the same objection 23 25 10:49 When you worked for the sheriff's 14 22 10:49 And on that basis I will instruct 10 13 10:49 I'm asking you -- 10:50 Page 83 Veritext Legal Solutions 866 299-5127 Page 87 1 MR. MILLER: 2 Calls for a legal conclusion. 3 certainly beyond the scope of this witness's 4 knowledge or expertise. 5 6 Attorney-client privilege. MR. GORDON: And it's So you're instructing her MR. MILLER: I am. 8 MR. GORDON: And you're -- 9 MR. MILLER: The county charter is very 10 clear on this issue. 11 MR. GORDON: 12 That's an inappropriate comment. I am. 10:50 You're marking -- 13 You're able to make whatever objection you want, 14 state your objection, and I'll either move on or 15 not. Commenting or testifying isn't your duty. 16 answer; correct? MR. MILLER: I wasn't testifying. I 19 was making a point that I presume you're well 20 aware of. 21 when a matter is in -- 23 24 25 10:50 But you're marking each refusal to 18 22 10:50 not to answer that question? 7 17 10:50 The county charter is very clear that MR. GORDON: 10:51 [Speaking simultaneously] testifying, Skip. MR. MILLER: When I'm talking -- when my lips are moving, you got to let me finish, 10:51 Page 84 Veritext Legal Solutions 866 299-5127 Page 88 1 and I'll show you the same courtesy. 2 The county charter, Section 21, is very 3 clear that when a matter is in litigation talks 4 about an action or a proceeding, county counsel 5 has sole and exclusive authority, and they have 6 to sign off. 7 So to ask a witness who's not involved with county counsel who may have had 9 communications about it, is just -- it's wrong. 10 MR. GORDON: That's an inappropriate 11 speech, and you know it. 12 whatever objection you want. 13 for your objection. 14 you to be testifying to what you believe the law 15 is on the specific substance of what I'm asking 16 the witness about. 17 MR. MILLER: 18 proceed. 19 BY MR. GORDON: Q. State the grounds It's not appropriate for Okay, John. 10:51 Please When you were chief with oversight over the Internal Affairs Bureau under the McDonnell 22 administration, did you sign any settlement 23 agreements resolving disputes over discipline 24 imposed on LASD officers? A. 10:51 You're welcome to make 21 25 10:51 And you know that. 8 20 10:51 Yes. 10:52 10:52 Page 85 Veritext Legal Solutions 866 299-5127 Page 89 1 Q. And what did you understand were the 2 limits of your ability to sign as the approving 3 officer for such settlements? 4 MR. MILLER: 5 6 The limits? BY MR. GORDON: Q. 10:52 Did you understand there were any 7 limits on which settlement agreements you could 8 sign while you were chief overseeing Internal 9 Affairs bureaus when the settlement was 10 resolving a dispute over discipline imposed? 11 A. I understood my limits, yes. 12 Q. And what were those limits, according 13 14 A. So division chiefs had ability to resolve disciplinary matters. 16 disciplinary matters arose to a higher level 17 where, for example, you had a case review 18 decision, that required a return to that -- 19 we'll call it a panel -- for concurrence. 20 times you would have to have your assistant 21 sheriff, and in my case, because I was a direct 22 report, I would have to have the undersheriff's 23 approval. 25 10:52 to your understanding? 15 24 10:52 MR. MILLER: But when those 10:52 At 10:53 Is there just one undersheriff? 10:53 Page 86 Veritext Legal Solutions 866 299-5127 Page 90 1 2 THE WITNESS: MR. MILLER: And that's the second-ranking person in the department? 5 THE WITNESS: 6 MR. MILLER: 7 8 Yes. BY MR. GORDON: Q. During your tenure as a captain, commander or chief with oversight of the 10 Internal Affairs Bureau in the McDonnell 11 administration -- strike that. 12 10:54 During the time that you had any 13 oversight responsibility over Internal Affairs, 14 did you ever play a role in determining whether 15 to rehire or reinstate an officer who had been 16 discharged? A. Internal Affairs would not have a role in 19 determining whether someone should come back 20 unless that employee was your direct employee. 21 So I would not have any say in anything that 22 involved any other division other than my own. Q. 10:54 The role of anyone in oversight of 18 23 10:53 Okay. 9 17 10:53 yes. 3 4 There's one undersheriff, 10:54 So did you ever play a role in 24 determining whether to rehire/reinstate a deputy 25 or supervisory officer who had been in Internal 10:55 Page 87 Veritext Legal Solutions 866 299-5127 Page 91 1 2 Affairs? A. 10:55 I never had a person discharged that 3 was under my command in Internal Affairs where 4 that decision would have had to have been made. 5 Q. During the sheriff's election did you 6 favor one of the candidates over the other in 7 terms of McDonnell versus Villanueva? 8 MR. MILLER: 9 I mean, you can answer it if you're That's really irrelevant. 10 okay answering it; if you're not, that's your 11 business. THE WITNESS: 13 MR. MILLER: 14 THE WITNESS: I think it -It's up to you. I personally think that 15 question is inappropriate because who I support 16 politically -- 17 MR. MILLER: 18 THE WITNESS: 19 employment. 20 BY MR. GORDON: Q. 10:55 Yeah. -- has nothing do with my 10:55 It does have to do with bias as a 22 witness, and I'm entitled to ask you: 23 favor McDonnell over Villanueva in the 2018 24 sheriff election? 25 10:55 You can -- 12 21 10:55 MR. MILLER: Did you You don't have to answer 10:56 Page 88 Veritext Legal Solutions 866 299-5127 Page 92 1 that question. 2 Amendment right. 3 answer it or not. 4 that's your call. 5 It's a private, personal, First It's up to you whether to If you're not comfortable, THE WITNESS: I would agree that my 6 personal support of a candidate who I voted 7 for -- I feel like that is my American right to 8 not reveal who I voted for. 9 BY MR. GORDON: 10 11 Q. You understand you're a witness in this MR. MILLER: Don't argue with her. Q. -- and you're -- 15 I can ask her -- 16 MR. MILLER: 17 testify to it. 18 BY MR. GORDON: 19 Q. Do you understand that your favor of McDonnell over Villanueva could reflect on how 21 you could appear as a neutral witness in this 22 proceeding? 23 MR. MILLER: all. 10:56 John, she does want to 20 25 10:56 BY MR. GORDON: 14 24 10:56 proceeding -- 12 13 10:56 10:56 I don't agree with that at And if she -MR. GORDON: You're not the witness. 10:56 Page 89 Veritext Legal Solutions 866 299-5127 Page 93 1 I'm asking her -- are you objecting and refusing 2 to allow her to answer the question. 3 4 MR. MILLER: again. You're interrupting me Remember we had a deal? 5 MR. GORDON: No. 6 MR. MILLER: When I'm talking, you let 10:56 7 me talk. 8 may not like what I say, but that's too bad. 9 That's the way it goes. When you talk, I'll let you talk. You And I may not like what 10 you say, but at least I'm going to show you the 11 professional courtesy of allowing you to talk. 12 She said she's not comfortable saying 13 it. 14 don't have to say how they vote. 15 voting booths are private. 16 go in, you go in alone and you close the drape. 17 And she doesn't want to testify to it. 18 10:56 10:57 It's private, it's confidential, and people That's why That's why when you I'm not instructing her not to. 19 her testimony. 20 threaten her with bias and all that. 10:57 That's So you don't have to, you know, 21 Let's just move on. 22 MR. GORDON: 10:57 I'm asking -- first of 23 all, I'm asking you not to make speaking 24 objections. 25 objections, and I'll either -- I will -- if you Just state the grounds for your 10:57 Page 90 Veritext Legal Solutions 866 299-5127 Page 94 1 instruct her not to answer or she won't answer, 2 I'll move on. 3 just stating a legal basis for your objection. 4 Q. 5 But you're doing far more than That being said, are -MR. MILLER: I don't agree with that. 6 I think I've been pretty, you know, quiet 7 throughout this deposition. 8 9 10 11 think you should respect it and move on. BY MR. GORDON: Q. 10:57 Are you refusing to tell me whether you favored McDonnell over Villanueva in the 2018 13 sheriff election? A. I will tell you this: I never 15 campaigned for either candidate, but I will 16 stand on my opinion that it is un-American for 17 you to ask me to reveal who I voted for in the 18 confidentiality of that voting booth. 19 just -- I think it's a terrible question to ask. Q. 21 voted. 22 McDonnell over Villanueva during the election? 24 25 A. 10:58 That's 20 23 10:57 This is a personal preference, and I 12 14 10:57 First of all, I didn't ask you how you 10:58 I asked you -- I said did you favor And I will tell you I campaigned for neither person. Q. Did you want one of those two men to 10:58 Page 91 Veritext Legal Solutions 866 299-5127 Page 95 1 win the job of sheriff -- 2 3 4 MR. MILLER: You're just arguing. BY MR. GORDON: Q. 5 6 -- in the 2018 election? MR. MILLER: You're arguing. Objection. 8 THE WITNESS: 9 MR. MILLER: Harassing. I feel like I've -- 10:58 I feel like I've answered -MR. GORDON: 14 she voted. 15 behind closed doors. Q. I'm not asking her what I'm not asking her what she did 10:58 I'm asking you this question, and tell 17 me whether you're going to answer or you're 18 going to refuse to answer: 19 McDonnell to defeat Villanueva in the 2018 20 election? Did you want 10:59 21 MR. MILLER: 22 however you want to. 23 10:58 Leave her alone on this THE WITNESS: 13 16 Argumentative. issue. 11 12 It's argumentative. 7 10 10:58 You can answer that THE WITNESS: My answer stands that I 24 supported -- I did not support either candidate, 25 and my -- who I voted for is my -- I feel like 10:59 Page 92 Veritext Legal Solutions 866 299-5127 Page 96 1 my right as an American to not reveal to anyone. 2 BY MR. GORDON: 3 4 Q. So you are refusing to answer the question; correct? 5 A. That is absolutely not what I said. 6 Q. Are you refusing to answer -- 7 8 MR. MILLER: No, no. question, John. MR. GORDON: No -- 10 MR. MILLER: If you don't like it. You MR. GORDON: Q. That's not an answer. I'm asking you: Did you want McDonnell 14 to win the election over Villanueva in the 2018 15 sheriff's election -- 16 17 MR. MILLER: witness. 18 19 10:59 You're harassing this It's really unbecoming. MR. GORDON: Let me finish the question. 20 Q. -- yes or no? 21 A. My answer to the question is I neither 22 campaigned for any candidate, I did not openly 23 support one or the other, and who I voted for is 24 private. 25 10:59 can move to compel. 12 13 10:59 She answered the 9 11 10:59 Q. So you will not give me a yes-or-no 10:59 10:59 Page 93 Veritext Legal Solutions 866 299-5127 Page 97 1 2 3 4 5 6 answer; correct? A. Q. To the best of your ability or the best of your desire? A. 11:00 I've -MR. MILLER: This is definitely harassment. 9 10 I feel like I've answered your question to the best of my ability. 7 8 10:59 MR. GORDON: Q. 11 No. I'm asking you: MR. MILLER: Are you telling me -- All right. Let's take a 12 break and cool off a little bit here because I 13 got to take a quick call. 14 Is that all right? 15 MR. GORDON: 16 THE VIDEOGRAPHER: 17 That's fine. Off the record, (Recess taken.) 19 THE VIDEOGRAPHER: 20 We are back on the record. 21 BY MR. GORDON: Q. The time is 11:09. view on whether McDonnell would be a better 24 sheriff than Villanueva? A. 11:08 Have you ever expressed to anyone your 23 25 11:00 11:01. 18 22 11:00 I don't think in the way you're asking 11:08 Page 94 Veritext Legal Solutions 866 299-5127 Page 98 1 2 the question. Q. 11:08 Did you ever express to anyone a view 3 on whether you wanted or preferred McDonnell as 4 a sheriff over Villanueva? 5 6 MR. MILLER: But you can answer it however you want. I'm not instructing you. 9 THE WITNESS: In the role that I played 10 as chief over the disciplinary system, I felt it 11 was really important to remain neutral. 12 my best to not express any opinion to anyone, 13 because I felt that the role that I played 14 shouldn't be co-opted by that. 15 BY MR. GORDON: 16 Q. 11:09 Did you have in your own mind, whether you expressed it to anyone or not, a preference 18 for either McDonnell or Villanueva to win the 19 2018 sheriff election? 21 22 23 24 25 A. 11:09 I did 17 20 11:09 her how she voted. 7 8 Just another way of asking I would just say each candidate has 11:09 their strengths and weaknesses. MR. GORDON: Objection. Move to strike as nonresponsive. MR. MILLER: I thought it was responsive, but go ahead. 11:10 Page 95 Veritext Legal Solutions 866 299-5127 Page 99 1 2 3 BY MR. GORDON: Q. 11:10 And is that the only answer you have to my question? 4 A. Yes. 5 Q. Did you perform any work for 6 McDonnell's campaign for sheriff in the 2018 7 election? 8 A. No. 9 Q. Did you make any contributions to 10 McDonnell's campaign for sheriff in the 2018 11 election? 12 A. No. 13 Q. Did you do anything that in your mind 14 constituted support for McDonnell's campaign for 15 sheriff in the 2018 election? 16 A. No. 17 Q. Have you ever expressed any views that 18 you had about Carl Mandoyan's discharge from 19 LASD? 20 21 MR. MILLER: 11:10 11:10 11:10 she's testified to this morning? 22 23 You mean other than what 11:10 MR. GORDON: Q. Yeah. Outside of anything you've said during 24 your deposition today, have you ever expressed 25 any personal views you had about Mandoyan's 11:10 Page 96 Veritext Legal Solutions 866 299-5127 Page 100 1 discharge from LASD? 2 MR. MILLER: 11:10 And outside of marital 3 privilege, attorney-client privilege, and 4 outside of the testimony this morning, you can 5 answer the question. 6 7 8 9 10 11 12 11:10 THE WITNESS: Yes. BY MR. GORDON: Q. When have you expressed a personal view you had about Carl Mandoyan's discharge from LASD? A. 11:11 I discussed it with my aunt, who was in the hospital with hip surgery. 13 Q. When was that? 14 A. December of 2018. 15 Q. Anyone else? 16 A. I recently came back from a personal 17 trip with some friends from back East and 18 discussed it with them. 19 Q. Anyone else? 20 A. Maybe some of my, like, personal 21 Q. Who are they? 23 A. My best friend and some people I go to 25 11:11 friends, girlfriends, but... 22 24 11:11 church with. Q. Who's your best friend? 11:11 Page 97 Veritext Legal Solutions 866 299-5127 Page 101 1 A. Terri Taylor. 11:11 2 Q. And how many people you go to church 3 with are you saying you expressed a personal 4 view about Mandoyan's discharged with? 5 A. Probably two. 6 Q. Who are they? 7 A. Norma Flynn. 8 Q. And who else? 9 A. Norma and -- 10 Q. You said -- 11 A. -- Tom. 12 Q. You said there were two other people. 13 A. Yeah, right. 14 Q. And I asked you, and you said Norma 15 16 11:12 Flynn -A. 17 18 11:12 Tom. Tom Moreno. MR. MILLER: Are any of those people in the sheriff's department? 19 THE WITNESS: 20 MR. MILLER: 21 22 23 24 11:12 No. They're all just personal 11:12 friends? THE WITNESS: They're all personal friends and friends from church. MR. MILLER: Okay. 25 Page 98 Veritext Legal Solutions 866 299-5127 Page 102 1 BY MR. GORDON: 2 3 Q. And did you -- all right. Let's start with the aunt who was in the hospital. 4 5 11:12 What view about Mandoyan's discharge from LASD did you express to your aunt? 6 A. So my aunt was recovering in the 7 hospital from a hip surgery after a fall, and we 8 were watching the news, and it came on the news. 9 And I told my aunt, you know, "This is the 10 matter that caused me to leave the department," 11 and I told her it was, you know, hard to watch 12 it on TV. 13 11:12 11:13 And she just told me that -- she just 14 told me that the responsibility to deal with 15 anything related to that is no longer mine and 16 that there are people left behind and to forget 17 about it. 18 Q. Did you say anything else about your 19 own views regarding the Mandoyan discharge 20 during the conversation with your aunt? 21 A. 11:13 11:13 I just told her it was somewhat 22 predictable that at some point it would come 23 out. 24 Q. What would come out? 25 A. The restoration. 11:13 Page 99 Veritext Legal Solutions 866 299-5127 Page 103 1 2 Q. Mandoyan's restoration to duty as a deputy sheriff? 3 A. Yes. 4 Q. And when you mean it would come out, 5 what were you indicating? 6 A. something so extraordinary that isn't in the 8 normal course of business, it's remarkable to 9 people. And when things are remarkable, people 10 talk about it, and ultimately it doesn't stay 11 confidential. 12 11:14 So because this was so remarkable, I 13 wasn't surprised that it made its way to the 14 public arena. 15 Q. Did you say anything else to your aunt 16 during that conversation when she was in the 17 hospital about your views regarding Mandoyan's 18 restoration? 19 A. No. 11:14 I mean, her comment of it's not my 20 responsibility to worry about anymore, that I'd 21 made my decision and not to worry about it was, 22 I think, the wisdom of our elders, and I moved 23 on. 25 11:14 So I just think over time when you do 7 24 11:13 MR. GORDON: 11:14 Move to strike as nonresponsive everything after the answer "no." 11:15 Page 100 Veritext Legal Solutions 866 299-5127 Page 104 1 Q. You said you also discussed your 2 personal view about the Mandoyan reinstatement 3 or restoration to friends who were returning 4 from a trip back East. 5 6 7 8 9 Who were they? A. They were there. So you discussed it while you were back East? 10 A. Yes. 11 Q. And who were they? 12 A. Jodi-Lynn Flaherty, Jamie Fields and 13 Mary Kapp. 14 Q. 11:15 And did you express your view about the 15 Mandoyan restoration or reinstatement to those 16 three people in one single conversation? 17 A. Yes. 18 Q. And what did you say about your 19 personal view regarding the Mandoyan restoration 20 or reinstatement to Ms. Lynn, Ms. Flaherty and 21 Ms. Fields during that conversation while you 22 were back East? 23 11:15 I traveled back East to them -- with them -- or to them. Q. 11:15 A. 11:15 11:15 The conversation was initiated because 24 they asked me why I retired, and I explained to 25 them that I retired because of the request that 11:16 Page 101 Veritext Legal Solutions 866 299-5127 Page 105 1 I felt was unethical and inconsistent with my 2 character and doesn't meet my professional 3 standards. 4 decision came quickly, and, you know, in less 5 than five days I made that decision to go. 6 7 8 Q. And I explained to them that that request itself to be unethical? A. The conversation was more brief in that this was my decision, and I just -- I explained 10 to them that it's not consistent with how we do 11 business. 12 someone's disciplinary history was not 13 appropriate, and I wouldn't have a part of that, 14 and so I made the decision to retire. Q. Did you ever engage in any discussion with anyone about whether there was an 17 appropriate basis to rewrite the findings from 18 the older disciplinary finding and action 19 against Mandoyan? A. I don't think the conversation ever 21 went further into a basis for the decision about 22 why somebody decided to ask that. 23 Q. 11:16 And that I felt the rewriting of 16 20 11:16 Did you explain why you considered the 9 15 11:16 11:17 11:17 Do you -- strike that. 24 Did Larry Del Mese ever ask you to look 25 into the Mandoyan discharge to determine whether 11:17 Page 102 Veritext Legal Solutions 866 299-5127 Page 106 1 it had been done appropriately? 2 A. At any point in time? 3 Q. During the original November 26 phone 4 call that you've testified about. 5 A. No. 6 Q. Did Larry Del Mese in the follow-up 11:17 7 phone call on November 27 ever ask that -- 8 strike that. 9 Did Larry Del Mese ever ask you in what 10 you've said was a follow-up phone call on 11 November 27 to look into the Mandoyan discharge 12 to determine whether it had been done 13 appropriately? 14 A. No. 15 Q. So did Larry Del Mese ever ask you to 16 look into the Mandoyan discharge to determine 17 whether it had been done appropriately? 18 A. Yes. 19 Q. When did Larry Del Mese ever ask you to 20 look into the Mandoyan discharge to determine 21 whether it had been done appropriately? 22 11:17 A. 11:18 11:18 11:18 At a point in time -- and I can't even 23 tell you when -- the case was going through the 24 civil service process. 25 because he was concerned about the manner in Larry Del Mese called me 11:18 Page 103 Veritext Legal Solutions 866 299-5127 Page 107 1 which one of the advocate sergeants was 2 conducting herself during that proceeding. 3 expressed some concerns about her demeanor and 4 her professional conduct based on the facts of 5 the case. 6 11:18 He 11:19 I had a conversation with county 7 counsel, who assured me that the facts of the 8 case were solid; that the employee's -- 9 10 MR. MILLER: Be careful with the attorney-client privilege. 11 THE WITNESS: 12 -- that the employees' conduct was, Correct. 13 albeit aggressive, not inappropriate; and that 14 they felt that because the county had a strong 15 position, the employee's attorney was expressing 16 displeasure for the advocate. 17 BY MR. GORDON: 18 19 Q. referring to? A. Sergeant Roam. 21 Q. And what did Larry Del Mese tell you 22 Sergeant Roam had done that caused him to have 23 concern about her behavior? 25 11:19 Who was the advocate sergeant you were 20 24 11:19 A. 11:19 The conversation, as I recall, just spoke about the manner in which she her 11:19 Page 104 Veritext Legal Solutions 866 299-5127 Page 108 1 questioning, her professional conduct. He 2 expressed that he felt maybe she was overly 3 invested in the case and that he wanted me to be 4 aware of it. 5 And then he also felt that the county's 6 facts weren't sufficient to support the position 7 of discharge. 8 9 10 11 Q. facts that he found concerning regarding the basis for supporting discharge? A. 11:20 I don't believe the conversation got deep into a fact set. 13 was whether we had an employee acting properly 14 in there and then whether or not there were 15 sufficient facts to support that. 16 MR. MILLER: minute? At the time my concern 11:20 Could I interject for a Pardon me for doing this. 18 When was this? 19 THE WITNESS: I don't recall. It was 20 sometime, I believe, while I was a commander in 21 the Professional Standards Division, but I 22 can't -- I don't have a recollection of the time 23 frame. 24 25 11:20 Did he explain what it was about the 12 17 11:20 MR. MILLER: when? 11:20 So you were a commander What were the years again? 11:21 Page 105 Veritext Legal Solutions 866 299-5127 Page 109 1 THE WITNESS: The only thing I could 2 tell you is it was some point in time during the 3 civil service -- 4 MR. MILLER: 5 THE WITNESS: 6 Yes. 7 '14 through '16? -- procedures. the witness and Counsel speak in 9 turn.) 10 MR. MILLER: It was probably -- she was 11 a commander between 2014 and 2016, so it was 12 probably around 2016. 13 Does that sound about right? 14 MR. GORDON: You don't need to -- 15 MR. MILLER: Pardon me. 16 deposition. 17 be helpful. 18 You're right. THE WITNESS: It's your 11:21 It was somewhere -- the only way I could peg a time frame is if someone 20 wants to look up when this -- this original 21 matter was in civil service. 22 that time frame. 23 BY MR. GORDON: Q. 11:21 I'm just trying to 19 25 11:21 (The reporter requested that 8 24 11:21 11:21 It would be in Did you speak with Sergeant Roam about her conduct in the civil service proceeding 11:22 Page 106 Veritext Legal Solutions 866 299-5127 Page 110 1 going on against Mandoyan? 2 A. No. 3 Q. Did you tell -- strike that. 4 At the time what was Lawrence 5 Del Mese's rank? 6 with him at this point. At the time you were dealing 7 A. He was a captain. 8 Q. So did you tell Captain Del Mese after 9 spoken with a county counsel attorney and you 11 were satisfied that Roam -- Sergeant Roam was 12 not engaging in any inappropriate conduct, or 13 words to that effect? 14 A. That's my recollection. 15 Q. And did he respond? 16 A. Yes. 17 Q. And what did he say? 18 A. I don't recall his exact words, but 19 there was an acknowledgement on his part of what 20 I conveyed back to him. 22 Q. 11:22 11:22 11:23 An acknowledgment that he understood what position you were taking on the matter? 23 A. Yes. 24 Q. Did you tell Larry Del Mese that you 25 11:22 you spoke with county counsel that you had 10 21 11:22 thought his request communicated on November 26 11:23 Page 107 Veritext Legal Solutions 866 299-5127 Page 111 1 was unethical? 11:23 2 A. Are we going back to 2018? 3 Q. Yes. 4 You said you considered his request on November 26 unethical. 5 I'm just asking you: Did you ever 6 convey to Larry Del Mese that you thought the 7 request he made on November 26 was unethical? 8 9 A. I told him at one point that I was very concerned about how this would appear. I felt 10 like -- I told him at one point I had looked at 11 donations to the Villanueva campaign, and I saw 12 that there were two people with the very -- with 13 the exact same last name, and I thought that 14 that could appear to be pay-to-play. 15 explained to him that I was very uncomfortable 16 with that. 17 11:23 I 11:24 And -- but I don't believe I used -- I 18 think I may have used the word "problematic," 19 but I don't think I said to him, "This is 20 unethical." 21 11:23 Q. 11:24 What did the two last names on 22 contributor -- Villanueva's contributor list 23 have to do with you believing that Del Mese's 24 request on November 26 regarding the 25 reinstatement of Mandoyan was unethical? 11:24 Page 108 Veritext Legal Solutions 866 299-5127 Page 112 1 A. So this request, as I've said, is 2 unprecedented. 3 distant past discipline altered without any 4 formal proceeding or fact-based documentation is 5 highly unethical, and it's completely outside of 6 our standards. 7 To request to have someone's process where this case was in court, to 9 short-circuit that process to return somebody 10 back, as well as the demand to have it done 11 under Sheriff McDonnell and not even take it on 12 as their own cause of office, was very unusual, 13 unprecedented, and it smelled of unethical 14 behavior. 15 When I got the document, to find that 16 my name was put on there after I made it clear 17 that I was not the person to have anything to do 18 with that, was also highly suspect to me. case where our sheriff and undersheriff were 21 going to prison for things like pay-to-play and 22 things of that nature, and this was starting 23 down that path. 25 11:25 11:25 And we had just come through a federal 20 24 11:24 And then to want to short-circuit the 8 19 11:24 11:25 So, yes, I wanted to be very careful about what was happening, and I did my due 11:25 Page 109 Veritext Legal Solutions 866 299-5127 Page 113 1 diligence to make sure that not only had I not 2 missed something, but I wasn't going to step in 3 a big cow patty, to speak, and put my name on 4 something that I couldn't stand behind. 5 Q. So did the two last names on 6 Villanueva's contributor list have anything to 7 do with Mandoyan? 8 A. Their last names were Mandoyan. 9 Q. And who were the individuals whose last 10 names were Mandoyan who were on the contributors 11 list? 12 A. names, but I'm sure if somebody looked it up, 14 you'd find them. MR. MILLER: 16 them. 17 BY MR. GORDON: 18 19 20 Q. 11:26 I have them if you want 11:26 Well, do you recall whether it was Carl Mandoyan and his wife? A. I don't know. 21 names were Mandoyan. 22 MR. MILLER: 23 with it. 24 BY MR. GORDON: 25 11:26 I don't have a recollection of the 13 15 11:26 Q. I just know the last two 11:26 I don't know what I did Did you ever hear anyone assert that 11:26 Page 110 Veritext Legal Solutions 866 299-5127 Page 114 1 James McDonnell's decision on the discipline of 2 a particular LASD officer was based in some way 3 on whether that officer had supported McDonnell 4 as sheriff? 5 A. I've never heard of anything like that. 6 Q. You've never heard anyone even raise 7 8 9 10 A. To say that Jim McDonnell disciplined somebody because they supported his campaign? Q. No. Because they did not support him as sheriff. 12 someone who believed in his suitability as 13 sheriff. A. 15 I haven't heard that. MR. MILLER: For the record, John, it's Marine Mandoyan, same spelling as your client, 17 Greg Smith's client, and Peter Mandoyan. 18 gave $1,500 to Alex Villanueva on September 1, 19 2018. 20 BY MR. GORDON: Q. 11:27 Each 11:27 Did you ever hear of any accusation 22 that McDonnell was basing a discipline decision 23 on whether the officer being disciplined -- 24 strike that. 25 11:27 In other words, they were not 16 21 11:27 that as an accusation? 11 14 11:26 Did you ever hear of any accusation 11:28 Page 111 Veritext Legal Solutions 866 299-5127 Page 115 1 that McDonnell based a discipline decision on 2 whether he thought the officer was in favor of 3 his being the sheriff? 4 A. No. 5 Q. Did you ever learn of anything that 6 caused you to suspect that James McDonnell might 7 have disciplined a particular LASD officer based 8 in any way on the disciplined officer's view 9 about McDonnell as sheriff? 10 MR. MILLER: Objection. I thought this 11 was the Mandoyan case not the McDonnell case. 12 This is not relevant to the subject matter of 13 this case nor reasonably calculated to lead to 14 the discovery of admissible evidence. 15 to object on that basis. 16 BY MR. GORDON: 11:28 11:28 11:28 I'm going 17 Q. You can answer the question. 18 A. No. 19 Q. Going back to Exhibit 1, looking at 20 pages AULT05 through AULT42, were those 21 documents that you had in your possession at the 22 time you were served with the deposition 23 subpoena in this matter? 24 A. Yes. 25 Q. And how is it that you happened to have 11:29 11:29 11:30 Page 112 Veritext Legal Solutions 866 299-5127 Page 116 1 AULT05 through AULT42 in your possession at that 2 time? 3 A. So when I got the call from Larry 4 Del Mese, I wanted to do my due diligence. 5 told him I would look into what he wanted me to 6 do and look into the other matter that the -- 7 what I'll call the second case. 8 discharge but the other one. 9 documents that related to that case that helped I And so these are me understand where they were in the process, 11 what the discipline was, who the decision-maker 12 was and then -- and then the case in chief 13 itself that we're talking about. Q. AULT42 with you when you left the department on 16 retirement on January 2 -- 18 MR. MILLER: You mean AULT5 through -- THE WITNESS: 20 42. 21 BY MR. GORDON: 23 11:31 I think you mean AULT5. 19 22 11:30 And did you take pages AULT6 through 15 17 11:30 Not the 10 14 11:30 We were talking 5 through 11:31 Q. 5 through -- I'll restate the question. Did you take with you from the 24 department when you retired on January 2, 2019, 25 the documents marked AULT05 through AULT42? 11:31 Page 113 Veritext Legal Solutions 866 299-5127 Page 117 1 A. Yes. 11:31 2 Q. And did you request permission from 3 anyone at the department to take these personnel 4 file documents? 5 A. No, I did not. 6 Q. Did you believe that you were required 7 to obtain any authorization from the department 8 to take personnel files of a deputy from the 9 department when you left the department? 10 A. The taking of this was somewhat 11 unintentional. 12 four days is quite a task, and on top of trying 13 to accomplish all the things I needed to do to 14 retire. 15 desktop and took it home. 16 And I grabbed a bunch of stuff off my 11:32 And so when I got the subpoena notice for this, I went through my files to see what I 18 actually had, and this is what I found. Q. So you're saying you did not 20 intentionally take with you the particular 21 documents AULT05 through AULT042 when you left 22 the department on January 2, 2019? 23 A. Correct. 24 Q. When did you first discover that you 25 11:31 As I was cleaning out my office, 17 19 11:31 had these personnel files of Mandoyan in your 11:32 11:32 Page 114 Veritext Legal Solutions 866 299-5127 Page 118 1 possession even though you were no longer a LASD 2 employee? 3 4 5 A. Sometime after I got served with the notice that I was going to be deposed. Q. So you never looked at any of these 6 pages, AULT5 through AULT42, between the time 7 you took them out of the department when you 8 were cleaning out your office at the beginning 9 of 2019 and the day you got served with your 10 subpoena? A. Correct, yes. 12 Q. Did you think when you left the 13 department that you might benefit from having 14 copies of any documents concerning Mandoyan that 15 might be helpful if the issue of Mandoyan's 16 possible reinstatement ever came up? A. my office and leaving, Mandoyan was the last 19 thing on my mind. 20 retirement, I cared about my financial future, I 21 cared about taking all of my personal effects, 22 and really I was not considering specifically 23 Mandoyan and any future action involving him. 24 It was very selfish when I was packing up. Q. 11:33 I will tell you when I was packing up 18 25 11:32 11:33 11 17 11:32 Selfishly, I cared about my Was -- were Mandoyan's personnel 11:33 11:33 Page 115 Veritext Legal Solutions 866 299-5127 Page 119 1 records the only LASD personnel records that you 2 took with you when you departed the department 3 at the beginning of 2019? 4 A. When I left my office after a 36-year 5 career, I had about an entire wall of things 6 that were just shoved in there. 7 much further than the one box that I found these 8 in. 9 other things, because there wasn't anything And so I'm probably not in possession of contemporary happening on my desk that I put in 11 my files, but I don't know. Q. the department that you should take any 14 documents relating to Mandoyan in case there was 15 ever anything that you considered to be adverse 16 publicity about the possible Mandoyan 17 reinstatement? A. intentionality -- and it wasn't even 20 intentional -- was my personal notes that I had 21 in my notepad. 22 any intention I would have taken from the 23 department. 25 Q. 11:34 The only thing that I took with any 19 24 11:34 Did you believe at the time you left 13 18 11:34 I have not gone 10 12 11:34 11:35 And that was the only thing with And those documents are the ones at AULT44 and AULT45? 11:35 Page 116 Veritext Legal Solutions 866 299-5127 Page 120 1 A. 2 3 I need to take a short break -- restroom break. THE VIDEOGRAPHER: Okay. Off the record, 11:36. 6 11:35 (Recess taken.) 7 THE VIDEOGRAPHER: 8 11:43. 9 BY MR. GORDON: 10 11:35 MR. GORDON: 4 5 Yes. Q. Okay. The time is We're back on the record. So did you already tell me everything 11 you remember saying to Ms. -- the three friends 12 you visited back East concerning your view of a 13 possible Mandoyan restoration? 14 A. I would answer that I told them the 15 reasons why I retired and how that's impacted 16 me, but we didn't have a in-depth conversation 17 about that. 18 19 Q. 11:42 So you told me everything you did say concerning your views on Mandoyan; right? 20 A. Yes. 21 Q. Tell me everything you said to your 11:42 22 best friend Terri Taylor about your views 23 concerning Mandoyan's restoration or 24 reinstatement. 25 11:42 A. It's pretty much the same thing: that, 11:42 Page 117 Veritext Legal Solutions 866 299-5127 Page 121 1 you know, the decision to retire was difficult; 2 I felt that I was asked to do something 3 inappropriate and unethical and inconsistent 4 with my professional character; and that I had 5 to make a decision about my future; and that I 6 retired; and that, you know, that was a big, big 7 deal, life-impacting decision. 8 9 10 Q. 11:43 Did anyone ever tell you that if you didn't take steps to get Mandoyan reinstated, that you were going to be fired? 11 A. Nobody overtly said that, no. 12 Q. Did anyone ever tell you that if you 13 didn't do anything in particular regarding 14 Mandoyan, that you would lose your rank at the 15 sheriff's department? 16 A. No. 17 Q. And you said you expressed your views 18 about the Mandoyan restoration and reinstatement 19 to two other people, Norma Flynn and Tom Moreno; 20 right? 21 A. Yes. 22 Q. What did you say to them about your views concerning Mandoyan's restoration or 24 reinstatement? A. 11:43 11:43 11:43 23 25 11:42 Again, the conversation was about my 11:44 Page 118 Veritext Legal Solutions 866 299-5127 Page 122 1 decision and how that's impacted me and how I 2 felt the request was unethical and that I felt 3 that it was in my best interest to retire. 4 MR. GORDON: I'm handing the reporter 5 to mark as Exhibit 2 a document entitled 6 "Respondents'/Defendants' Sheriff Alex 7 Villanueva and Los Angeles County Sheriff's 8 Department's Notice of Deposition of Alicia 9 Ault." 10 (Whereupon, Exhibit 2 was 11 MR. MILLER: What is this? 13 notice of deposition? 14 BY MR. GORDON: 11:44 Q. This is a Would you look about halfway through, 16 and you'll see as Exhibit 1 a deposition 17 subpoena to you for a deposition on May 30, 18 2019. 19 20 11:44 marked for identification.) 12 15 11:44 11:45 If you go about halfway through, you should find the cover page of the subpoena. 21 A. Yes. 22 Q. Do you recognize what's attached to the 23 notice that's marked Exhibit 2 the deposition 24 subpoena that was served on you that is attached 25 as Exhibit 1 in this exhibit? 11:45 11:45 Page 119 Veritext Legal Solutions 866 299-5127 Page 123 1 A. I'm looking at something that's 2 entitled Attachment 3, and then there's a page 3 No. 1. 4 5 So is that what you're referring to? Q. 6 No. Look at the cover page. 11:45 Do you see that subpoena? 7 A. Yes. 8 Q. That's the subpoena that was served on 9 11:45 you several weeks ago; right? 10 A. Yes. 11:46 11 Q. When you got it, it had the second 12 page, right, page 2 of 2, and then it had this 13 Attachment 3? 14 A. Yes. 15 Q. Which was basically a list of document 16 categories that you were commanded to produce at 17 the deposition; right? 18 A. Yes. 19 Q. Did you -- when did you first see this? 20 I assume on the day you were served; 21 right? 22 A. Yeah, on the day I was served. 23 Q. Did you look at the subpoena, including 24 the request for production of documents, when 25 you got the subpoena? 11:46 11:46 11:46 Page 120 Veritext Legal Solutions 866 299-5127 Page 124 1 A. Yes. 11:46 2 Q. After you got the deposition subpoena, 3 did you look through all of the requests for 4 production in the 13 pages of Attachment 3? 5 A. I did. 11:46 6 Q. What, if anything, did you do to search 7 for the 42 categories of documents demanded by 8 the deposition subpoena? 9 A. So I don't have any of those documents. 10 I didn't take any department policies and 11 procedures and things like that with me. 12 So I looked for, you know, what I would 13 have had, and I came across the file that I had 14 on the top of my desk that had these documents 15 in it, but I didn't do any other searching 16 because I'm not the keeper of those records. 17 Q. 11:47 So just to be clear, you said, "I don't 18 have any of those documents. 19 department policies and procedures and things 20 like that with me" -- I didn't take any 21 A. Uh-huh. 22 Q. -- right? 23 A. Yes. 24 Q. But, for example, Request for 25 11:46 Production No. 1 or No. 2 or No. 3, those aren't 11:47 11:47 Page 121 Veritext Legal Solutions 866 299-5127 Page 125 1 requests for production of documents regarding 2 department policies and procedures; right? 3 You didn't understand them to be 4 limited or even calling for procedures or 5 policies; right? 6 7 10 What page are you on now, MR. GORDON: Page 4 of the request -- the subpoena. 11:48 MR. MILLER: And you're asking about 1, 2 and 3 -- Requests 1, 2 and 3? 13 14 MR. MILLER: of the subpoena -- I mean of the Attachment 3 to 11 12 11:47 Counsel? 8 9 MR. GORDON: Q. Yeah. Specifically, I'm just following up on 15 your answer that you didn't have any 16 documents -- 17 A. Correct. 18 Q. -- because you didn't take any policies 19 And I'm justify trying to get 21 clarification from you: 22 demands for production of documents to be 23 limited only to policies or procedures? 25 11:48 or procedures documents. 20 24 11:47 A. No. 11:48 Did you understand the So anything that was within here, in your request for production, I don't have 11:48 Page 122 Veritext Legal Solutions 866 299-5127 Page 126 1 those. 2 have even been the keeper of those had I been 3 employed. 4 I'm not the keeper of those. Q. I wouldn't So I don't have any of these things. Well, you produced documents, for 5 example, that fit within Request for Production 6 No. 2 in part; right? 7 8 MR. MILLER: But those are regarding MR. GORDON: Right. Q. 11 Your documents that you produced -MR. MILLER: 11:48 She's talking -- you guys 12 aren't connecting. 13 and procedures, and you're asking about 14 Mandoyan. She's talking about policies 15 MR. GORDON: I'm following up on -- 16 MR. MILLER: We produced -- 17 MR. GORDON: I'm following up on -- 18 MR. MILLER: -- all the documents that 19 we have in our -- let me just make a statement 20 for the record. 21 11:48 Mandoyan. 9 10 11:48 11:48 11:49 We produced all the documents that she 22 had regarding Mandoyan, and -- we produced all 23 the documents regarding Mandoyan, as I just 24 said, and she doesn't have anything else. 25 doesn't have anything regarding policies and She 11:49 Page 123 Veritext Legal Solutions 866 299-5127 Page 127 1 procedures. She didn't take that. 11:49 2 MR. GORDON: All right. I'm -- 3 MR. MILLER: So you got everything in 4 response to your subpoena that you asked for 5 that she had in her possession. 6 BY MR. GORDON: 7 8 Q. Let me go back to your answer, then, to make sure that I understand what you're saying. 9 You said, "I didn't have any 10 documents," when I asked you whether you did 11 anything to search for the 42 categories of 12 documents; right? 13 any of those documents." 14 11:49 You said, "So I don't have I'm just trying to get confirmation 15 that you looked or -- you looked for any of the 16 42 categories of documents that you thought you 17 might have in your custody, possession or 18 control; is that right? 19 11:49 A. 11:49 When I got the -- when I got your 20 subpoena, I looked for anything that I could 21 possibly have had, and my recollection was I 22 knew I had the written note. 23 page, I believe, here in this Exhibit 1. 11:50 That's the last 24 The other things that you're asking for 25 did I actively go through my paperwork to see if 11:50 Page 124 Veritext Legal Solutions 866 299-5127 Page 128 1 I had any of that, many of them I'm confident I 2 didn't. 3 or possession of them even in my employment. 4 Many of them I wouldn't have had access So the answer is yes, I read your 5 request, I made my due diligence attempt to 6 provide anything that was responsive, I found 7 these documents in my possession, and I 8 submitted them. 9 Q. How -- 10 A. Did I call somebody in the department 11 and ask them to provide No. 1 or -- no, I didn't 12 do that. 13 MR. MILLER: 14 THE WITNESS: 15 MR. MILLER: 16 17 18 11:50 11:50 11:50 When you say you -I don't have them --- found these 11:50 documents -THE WITNESS: -- in my personal possession. 19 MR. MILLER: You mean Exhibit 1? 20 THE WITNESS: 21 MR. MILLER: 22 THE WITNESS: Exhibit 1 -- 11:51 Okay. -- in my personal 23 possession. But I didn't call someone in the 24 sheriff's department to ask them to provide me 25 hiring documents or employment documents or 11:51 Page 125 Veritext Legal Solutions 866 299-5127 Page 129 1 internal investigation documents. 2 understand your subpoena to request me to make 3 an attempt to provide those to you. 4 BY MR. GORDON: 5 Q. So it didn't. 7 A. Oh, okay. 8 Q. I'm just asking you: 6 9 I did not I'm not suggesting it Did you look for all 42 categories of documents that you thought in your own mind you might have in your custody, 11 possession or control? 12 A. Absolutely, yes. 13 Q. Okay. found after conducting a search for any records 15 responsive to Production Requests 1 through 42 16 are the documents that are contained in what's 17 been marked as Exhibit 1 -- 18 A. Uh-huh. 19 Q. -- AULT1 through AULT45; is that correct? A. 11:51 And the only documents that you 14 21 11:51 did. 10 20 11:51 11:51 11:51 It's correct with one caveat: AULT43, 22 I didn't even have this. I pulled this off the 23 LA Times website and submitted it because it was 24 there. 25 responsive to you as I could, because I didn't So I did everything in my power to be as 11:52 Page 126 Veritext Legal Solutions 866 299-5127 Page 130 1 even copy that and take it with me. 2 No, I don't have that. 3 Q. Okay. 4 A. I've done my best. 5 Q. So to be clear, setting aside AULT43, 6 which you made a search for online after 7 receiving the subpoena, you have produced to us 8 every document that that you found and that you 9 believe you have responsive to Request for 10 Production 1 through Request For Production 42 11 in your deposition subpoena that's attached to 12 Exhibit 2; is that correct? 13 A. That is correct. 14 Q. With regard to AULT43 contained within 15 Exhibit 1, this is an email that you sent to 16 Lawrence Del Mese on November 30, 2018; correct? 17 A. Yes. 18 Q. Strike that. 19 20 11:52 11:52 11:52 11:52 Or let me clarify. The top email on that page is an email from you to Del Mese. 21 11:53 The email below that on November 26 at 22 2:56 p.m., that's an email from Del Mese to you; 23 correct? 24 A. Yes. 25 Q. And your email back to Del Mese on 11:53 Page 127 Veritext Legal Solutions 866 299-5127 Page 131 1 November 30 had an attachment, Office Open XML 2 Word Processing Document 2.docx; right? 3 A. Yes. 4 Q. Was the document that was attached to 5 your November 30 email to Del Mese at AULT43 the 6 settlement agreement that is contained at 7 AULT001 to AULT004 in Exhibit 1? 8 A. I believe it was, yes. 9 Q. Was the copy that you've produced as 10 AULT001 to AULT4 the same exact substantive 11 document with the handwriting on it that you've 12 produced as AULT -- as -- that was attached to 13 your November 30 email? 14 A. Without being able to have a copy of this email and opening that attachment and 16 comparing it, I can't attest affirmatively. 17 I can tell you that that document that I wrote 18 on is what I went "File Print" from the day I 19 received it. Q. 11:54 But So is it possible, then, that what you 21 forwarded to Del Mese was the unhandwritten, 22 marked version of AULT1 through AULT4 contained 23 within Exhibit 1? 24 25 A. 11:53 11:54 15 20 11:53 11:54 It is very likely that that's the circumstance. 11:55 Page 128 Veritext Legal Solutions 866 299-5127 Page 132 1 Q. Because the attachment to your 2 November 30 email was apparently a Word 3 document; right? 4 5 11:55 And what's at 1 through 4 is obviously a PDF that has handwriting on it; right? 11:55 6 A. No. 7 Q. So do you believe that you could have 8 attached as a Word document what's 1 through 4 9 in Exhibit 1? 10 A. So here's how I would explain it to 11 you: 12 this email would be read is that Larry had sent 13 me this document called Office Open XML Word 14 Processing Document 2.docx. 15 document, it should be an exact copy of AULT1 16 through 4. 17 On November 26 my understanding of how If you open that November 30, that shows up because there was an 19 attachment to the November 26 email. 20 didn't print out these emails. 21 I don't have a clean copy of this one. 22 have a clean copy of that one. 23 off an LA Times webpage. 25 11:56 When I sent him this message on 18 24 11:55 But I I don't have -- 11:56 I don't This was printed And so I can't tell you that the department is in possession of not only this 11:56 Page 129 Veritext Legal Solutions 866 299-5127 Page 133 1 November 26 email but the December 30 email and 2 any attachments that are attached. 3 Q. I'm sorry. Are you saying that AULT1 4 through AULT4 was a document that you printed 5 off the Internet after receiving the subpoena? 6 MR. MILLER: 7 THE WITNESS: document was printed -- 9 BY MR. GORDON: No. I printed -- this 10 Q. By "this document" you mean -- 11 A. "This document" meaning -- 12 Q. -- AULT1 through 4? Hold on. 11:56 By "this document," for the 14 record, I'm just clarifying you're holding AULT1 15 through 4? 16 A. 17 sorry. 18 Correct. 11:56 No. 8 13 11:56 11:57 So on November 30 -- I'm I need to correct myself. On November 26 I received an email from 19 Larry Del Mese which had an attachment which I 20 am confident was titled Office Open XML Word 21 Processing Document 2. 22 document, I got pages AULT1 through 4. 23 sent Larry that response on November 30, this 24 attachment automatically shows up as part of the 25 email. 11:57 When I printed that When I 11:57 Page 130 Veritext Legal Solutions 866 299-5127 Page 134 1 So there is no different document that 2 I have. 3 desk and I made these notes and I worked on this 4 as I committed to Larry that I would do, but 5 there's no other document, and there's no PDF. 6 Q. When I printed this out, I sat at my that was your handwriting made on the document 8 while you were still at LASD before your 9 retirement on January 2, 2019; is that what you're saying? 11:58 11 A. Correct. 12 Q. And this document, AULT1 through 4, was 13 what was attached to your email to Del Mese on 14 November 30, 2018? 15 A. 11:57 So AULT1 through 4 contains handwriting 7 10 11:57 I would correct you and say it was 16 attached when Larry sent me the email on 17 November 26. 18 Q. The unmarked version? 19 A. The unmarked version, accurate, yes. 20 Q. All right. So looking at AULT1 through 21 4, which was the attachment to the email -- 22 actually, before we talk about the attachment, 23 let me go back to AULT43, the document that you 24 said you printed off the Internet after 25 receiving the email; is that right? 11:58 11:58 11:58 Page 131 Veritext Legal Solutions 866 299-5127 Page 135 1 A. Let me correct you. AULT1 through 4 2 was not printed off the Internet. 3 through 4 was printed on November 26 when I got 4 the email from Larry. 5 was a document I printed off of an LA Times 6 article because I wanted to be as responsive as 7 possible. AULT 1 The entirety of AULT43 8 Q. I understand. 9 A. Is that -- okay. 10 Q. I'm just clarifying: AULT43, the one-page document, was what you printed off the 12 Internet; right? A. Correct. 14 Q. All right. 11:59 That November 30 email on 15 the top following Del Mese's November 26 email 16 says, "As today is my last day in service to the 17 county, I wanted to close the loop on this 18 request." 19 11:59 Good. 11 13 11:58 11:59 So was that, in fact, the last day of 20 service to the county that you served physically 21 at LASD -- 22 A. Yes. 23 Q. -- November 30? 24 A. Yes. 25 Q. When you said, "I wanted to close the 11:59 11:59 Page 132 Veritext Legal Solutions 866 299-5127 Page 136 1 loop on this request," are you referencing the 2 settlement agreement that was attached to your 3 November 30 email? 4 5 6 A. That was attached to the November 26 email, yes. Q. 11:59 So are you saying there was something 7 or there was not something attached to your 8 November 30 email? 9 A. The way I would describe it is on 10 the 26th I received an email that had an 11 attachment. 12 whether that attachment was still there I don't 13 know. 14 and outs goes. 15 I don't really know how all the email ins I just know this much: When I say "this request," I'm talking about this AULT 1 17 through 4 to retore this employee and sign this 18 settlement agreement. Q. "I have given this document to Ms. Pirjo 21 Ranasinghe, county counsel, to process 22 Sheriff-elect Villanueva's priority request 23 forward," which document were you referencing in 24 that second sentence? A. 12:00 So in the next sentence where it says, 20 25 12:00 When I responded back on the 30th, 16 19 11:59 AULT 1 through 4. 12:00 12:00 Page 133 Veritext Legal Solutions 866 299-5127 Page 137 1 2 3 Q. In its handwritten -- with the handwritten markings? A. I don't recall if I copied the 4 handwritten markings for her or I gave her a 5 clean copy. 6 7 8 9 Q. 12:01 And when you said you gave it to her to process, what did you mean by that? A. I guess when I said "process," I mean I gave it to her to work on. 10 Q. To do what with? 11 A. Honestly, I don't know. 12:01 I -- once I 12 made the decision to retire, the rest of this 13 kind of fell off. 14 rapport with Larry, and so I wanted to be 15 respectful to him before I left to give him a 16 status update on what was going on with this and 17 what I had done and who it was left with and -- 18 but I was not engaged much beyond that. 19 I felt like I had a good was, as I explained earlier, a little selfishly 21 focused on taking care of my retirement and some 22 other financial matters I had to get in order 23 before that Friday. 25 12:01 Once I made the decision to retire, I 20 24 12:00 Q. 12:01 At the time Del Mese sent you his email November 26, were you a supervisor of his? 12:02 Page 134 Veritext Legal Solutions 866 299-5127 Page 138 1 A. No. 2 Q. So he was not in your chain of command? 3 A. No. 4 Q. Had he ever been in your chain of 5 12:02 command at the LASD? 12:02 6 A. Yes. 7 Q. When was that? 8 A. That was back in 2014 when I was a 9 10 commander and court services. Q. 11 12 13 So it had -- strike that. You worked at court services while you were a commander? A. Yes. 14 MR. MILLER: 15 I mean, you seem to be changing 16 subjects. 17 18 John, is now a good time? MR. GORDON: I'll finish going over this email, and then we can -MR. MILLER: Okay. 20 MR. GORDON: -- take a break for lunch? 21 MR. MILLER: Great. 23 12:02 That's why I brought it up. 19 22 12:02 12:02 BY MR. GORDON: Q. You said to Larry Del Mese, "I have 24 been told this request has been given to 25 contract counsel and the county counsel 12:03 Page 135 Veritext Legal Solutions 866 299-5127 Page 139 1 litigation attorneys to work together with 2 Mr. Mandoyan's attorney to achieve the goal of 3 returning him to work." 4 5 Who were you saying had told -- or strike that. 6 12:03 Who had told you that the request 7 concerning trying to get Mandoyan back to work 8 had been given to contract counsel and the 9 county counsel litigation attorneys to work 10 together with Mandoyan's attorney to achieve the 11 goal of returning him to work? 12 A. Ms. Pirjo Ranasinghe. 13 Q. Were you trying to communicate to 14 Del Mese that Ms. Ranasinghe herself was going 15 to be involved in working on trying to achieve 16 the goal of returning Mandoyan to work? 17 A. No. 18 Q. So you were communicating that 19 Ms. Ranasinghe was saying other county counsel 20 litigation attorneys were supposed to work with 21 contract counsel to work with Mandoyan's 22 attorney to try and accomplish that goal? 23 12:03 A. 12:03 12:03 12:04 My intent in this email was to provide 24 Larry Del Mese a contact person and give him the 25 last piece of information I had about what was 12:04 Page 136 Veritext Legal Solutions 866 299-5127 Page 140 1 happening in regards to his request. 2 trying to make any other assertions other than 3 to give him a contact person and a very, very 4 brief statement of what was going on. 5 Q. I was not Did you consider, when you sent this 6 email November 30, saying anything about your 7 feeling that Del Mese had made either a threat 8 or a test in his November 26 phone call with 9 you? 10 11 12 A. That was never a consideration to put 12:04 12:04 into an email. Q. Did you consider putting in your 13 November 30, 2018, email to Del Mese at AULT43 14 anything about your view that the request he had 15 transmitted was unethical? 16 A. No. 17 Q. Did you believe that Del Mese had any 18 role in deciding that a request to reinstate 19 Mandoyan should be transmitted to McDonnell? 20 A. I'm sorry. 21 Q. Did you believe that Del Mese had any What was the question? 22 role in deciding that a request to reinstate 23 Mandoyan should in fact be made? 24 25 12:04 MR. MILLER: question. 12:05 12:05 I didn't get that Could you read it again. 12:05 Page 137 Veritext Legal Solutions 866 299-5127 Page 141 1 2 3 MR. GORDON: Let me -- I'll try and clarify it. Q. I'm asking whether in your own mind you 4 thought Del Mese was in any way behind the 5 attempt -- the decision to try to get Mandoyan 6 reinstated? 7 A. Larry had a role in bringing -- in wanting to 9 return Mandoyan to work, because he was making 11 the request. Q. 12:06 Did you understand that Del Mese by 12 that point had already been designated or 13 selected by Alex Villanueva to play a leadership 14 role in the upcoming administration? 15 A. Yes. 16 Q. What did you understand the sheriff had 12:06 17 chosen Del Mese to do under his new 18 administration to begin December 3? 19 20 A. My understanding was that he was the sheriff's chief of staff. 21 MR. MILLER: Okay? 22 MR. GORDON: Okay. 12:06 That's fine. We'll 23 look it at the settlement agreement when we come 24 back. 25 12:05 I would say it was clear to me that 8 10 12:05 MR. MILLER: Okay. 12:06 Page 138 Veritext Legal Solutions 866 299-5127 Page 142 1 2 3 THE VIDEOGRAPHER: Off the record at 12:06 12:07. (Whereupon, at 12:07 p.m. 4 the deposition of ALICIA AULT was 5 adjourned for noon recess.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 139 Veritext Legal Solutions 866 299-5127 Page 143 1 (Whereupon, at 1:10 p.m. the 2 deposition of ALICIA AULT was 3 reconvened.) 4 5 THE VIDEOGRAPHER: 1:10. Okay. The time is We are back on the record. 01:08 6 7 8 9 EXAMINATION (CONTINUED) BY MR. GORDON: Q. Now, are you aware that your counsel 10 filed objections to the document demands in the 11 deposition subpoena? 12 A. No. 13 Q. Have you withheld any documents that 14 you located in your custody, possession or 15 control responsive to any of the 42 requests for 16 production based on any objection to any of 17 those requests? 18 A. No. 19 Q. Now, going back to Exhibit 1, page 20 AULT1, what did you mean when you wrote at the 21 top of page 1, "Rewrite to our standards"? 22 A. 01:09 01:09 01:09 So when I read this settlement 23 agreement, it was not consistent with the manner 24 in which the sheriff's department and other 25 attorneys have written them. This one was very 01:09 Page 140 Veritext Legal Solutions 866 299-5127 Page 144 1 one-sided, very employee-centric, and was asking 2 for things that were not consistent with how the 3 sheriff's department conducts business. 4 Q. Can you identify for me which of the 5 13 points numbered in the settlement agreement 6 were inconsistent, in your mind, with how the 7 department conducted business. 8 9 A. the language is boilerplate, but it gets specific when it talks to -- about a specific 11 employee. 12 It's identified as No. 5. 14 15 01:10 So the paragraph would be on AULT2. So the first thing was they wanted full back pay, which was a very bold ask. The second thing was -- I circled 16 "Bonus I deputy sheriff," and in my research I 17 didn't see where at the time the employee exited 18 the department that he was receiving bonus pay. 19 So that seemed to me as a very strange request 20 that you would appoint somebody to a position 21 they didn't hold at the time that they left. 22 01:10 So in a settlement agreement a lot of 10 13 01:09 01:10 01:11 The verbiage with "made whole with 23 medical benefits," that is something I've never 24 seen before, and it was so ambiguous. 25 mean that if he had seen a doctor, that they'd Does that 01:11 Page 141 Veritext Legal Solutions 866 299-5127 Page 145 1 want the county to repay him for his medical 2 visits while he was out of service? 3 Then with LACERA, LACERA is an entirely 4 separate organization. 5 authority to force LACERA to do anything, so you 6 can't even do that. The county has no 7 And then with any employee who 8 separates service, whether it's through 9 retirement or through a discharge, you get paid 10 out for all of these time things that they have 11 listed here in the last sentence. 12 sick/personal, vacation, excess vacation, 13 holiday percentage and save time, it seemed like 14 to me that that was a double-dip; that you were 15 already getting paid for those when you 16 separated service, but now you want to have it 17 all restored and given back to you. 18 20 consistent with anything I've seen before. 23 01:11 01:12 And so those were the main aspects of it that I thought were very unusual and not 22 01:11 So sick, 19 21 01:11 Q. 01:12 So I didn't understand your point about double-dipping. Are you saying that you understood 24 Mandoyan had already been paid for sick, 25 sick/personal, vacation, excess vacation, 01:12 Page 142 Veritext Legal Solutions 866 299-5127 Page 146 1 holiday percentage and save time during the time 2 he was discharged? 3 A. Yes. 4 Q. And how would he have been paid all 5 that or through what means was he receiving that 6 pay or that compensation? 7 A. employee is discharged, whatever they're legally 9 entitled to with sick pay or earned time, 10 vacation time, that that all gets paid out to 11 them at the separation point. 12 this was a request to -- so he's already been 13 paid for that is the way I understand it. 01:13 So in my mind 14 So by asking to restore that, he not 15 only received the benefit of the pay, but now 16 you want to give it all back to him. 17 my mind that was a double-dip, and so that was 18 my note there to inquire about that. Q. 01:12 So my understanding is that when an 8 19 01:12 01:13 And so in Are you saying that the department -- 20 it was unprecedented for a department to agree 21 to full back pay from the date of imposition 22 through the date of settlement when a deputy 23 could be brought back? 24 A. No. 25 Q. Well, what were you saying was 01:13 01:13 Page 143 Veritext Legal Solutions 866 299-5127 Page 147 1 inconsistent with standard operating procedure 2 to include full back pay as part of a 3 resolution? 4 A. Full back pay is not an automatic. 5 That is a discussion, and it's negotiated with 6 the decision-makers and in conversations with 7 county counsel. 8 unprecedented, it is not a automatic. 9 Q. Did you understand from Larry Del Mese that this settlement agreement was a settlement 11 agreement that Mandoyan's attorney had prepared? 12 A. Yes. 13 Q. Did Larry Del Mese say anything about 14 the sheriff saying you should accept this exact 15 form of agreement, that is, substantively every 16 point in the agreement? A. to that effect. 19 me is, "I've sent you over the settlement 20 agreement. 21 and so we need to" -- this was the terms of 22 bringing him back. 24 25 Q. 01:14 01:14 There wasn't a statement that was made 18 23 01:13 And so although it's not 10 17 01:13 The statement that was made to This is what we want to have happen, 01:14 Did he say anything about working with -- strike that. Did Del Mese say anything in his 01:15 Page 144 Veritext Legal Solutions 866 299-5127 Page 148 1 November 26 phone call with you about 2 negotiating the specific -- any specific 3 revisions to this proposed settlement agreement 4 with Mandoyan's attorney to come up with a final 5 agreed-upon agreement -- settlement agreement? 6 A. No. 7 Q. Just so I'm sure I understand this 8 correctly, Exhibit 1, consisting of pages 9 Bates-stamped AULT1 through AULT45, are the only 10 documents you located that were responsive to 11 the Request for Production 1 through 42 attached 12 to your subpoena; correct? 13 14 MR. MILLER: Objection. 01:15 answered about three or four times. MR. GORDON: I'm trying to get -- 16 MR. MILLER: She already said yes. 17 MR. GORDON: I'm trying to get 01:15 confirmation. 19 Q. Am I understanding that correctly? 20 A. Confirmed again. 21 Q. Between November 26 and today did you 22 ever destroy any of the documents demanded by 23 Request for Production 1 through 42 in the 24 subpoena included in Exhibit 2? 25 01:15 Asked and 15 18 01:15 A. No. 01:16 01:16 Page 145 Veritext Legal Solutions 866 299-5127 Page 149 1 Q. Between November 26, 2018, and today 2 have you ever deposed of, that is, gotten rid 3 of, any of those documents called for by the 42 4 categories of request for production in the 5 subpoena? 01:16 6 A. No. 7 Q. Between November 26, 2018, and today 8 have you ever transferred or caused to be 9 transferred to anyone other than Mr. Miller's 10 firm any of the documents in your custody, 11 possession or control fitting within Request for 12 Production No. 1 through 42 in Exhibit 2? 13 A. No. 14 Q. Did you search any electronic devices 15 for any records or documents requested in 16 Request for Production 1 through 42 in your 17 deposition subpoena? 18 A. No. 19 Q. And why is that? 20 A. Because the only thing I had was that 21 file folder that I remembered on my desk, and so 22 that's what I was searching for in my boxes. 23 Q. 01:16 01:17 01:17 01:17 Did you take with you over the last 24 week or so of your time at the office at the 25 sheriff's department any documents in electronic 01:17 Page 146 Veritext Legal Solutions 866 299-5127 Page 150 1 form? 2 A. 01:17 On my -- we call it a Y drive -- I had 3 some, like, personal pictures or pictures from 4 the department. 5 things that I had done, like programs I had 6 proposed or things of that nature. 7 what I took. 8 me. 9 Q. I had, like, some historic But that's My pictures was most important to Other than the personnel records at 10 pages included within Exhibit 1, AULT1 through 11 AULT45, did you take any other personnel records 12 with you when you left the department? 13 A. No. 14 Q. Are you aware of any documents that you 15 haven't produced which you had in your 16 possession, custody or control since you left 17 the department physically at the end of November 18 2018? 19 20 01:18 MR. MILLER: 01:18 01:18 You mean documents that are requested in the subpoena? 21 MR. GORDON: Yes. 22 MR. MILLER: I thought she's already 23 said she gave you everything. 24 But you can answer the question. 25 MR. GORDON: Your misunderstanding my 01:19 01:19 Page 147 Veritext Legal Solutions 866 299-5127 Page 151 1 question. 2 3 01:19 MR. MILLER: Maybe rephrase it. BY MR. GORDON: 4 Q. Are you aware of any documents that you 5 haven't produced which you had in your 01:19 6 possession, custody or control -- strike that. 7 Are you aware of any documents called 8 for by Document Requests 1 through 42 in your 9 subpoena that you had in your custody, 10 possession or control since you left the 11 department physically at the end of November 12 2018 that you haven't produced? 13 A. 01:19 So the question is really broad because 14 you're asking for documents that get used on a 15 daily basis but I was never the custodian of 16 record. 17 something at some point in time, but I don't 18 have it now, and I didn't take any of it with 19 me. 20 So, yes, I may have had a printout of So I'm aware that they exist. 21 have them. 22 Q. Right. I don't From the time you spent your last physical day 24 at the office -A. 01:20 So I'm just trying to confirm: 23 25 01:19 Yes. 01:20 Page 148 Veritext Legal Solutions 866 299-5127 Page 152 1 Q. -- for whatever reason the document may 2 not be in your possession, custody or control 3 now, have you produced every document that you 4 have ever had custody, possession or control of 5 since you left the office that are -- that is 6 called for by any of the 42 categories of 7 documents? 8 A. 9 and I have provided you with everything that is responsive to your request. 11 else. 12 MR. MILLER: 16 I have nothing 01:20 If she doesn't have it, how could she produce it? 14 15 01:20 So, again, I looked in my possession, 10 13 01:20 MR. GORDON: I -- you're not listening to the question. Q. 01:20 I understand you produced everything 17 that you had in your possession, custody or 18 control as of the time you received the 19 subpoena. 20 And what I'm asking you is did you ever 21 have any possession, custody or control of any 22 of those documents between the last day you 23 worked at the office and today that you haven't 24 produced? 25 Maybe your dog ate them. 01:20 So maybe they burned up in a fire. 01:21 Page 149 Veritext Legal Solutions 866 299-5127 Page 153 1 Any number -- any explanation for why a 2 document that is responsive to this you haven't 3 produced that you have in your custody, 4 possession or control after leaving the office? 5 A. The only documents that I have that 6 were in my custody, care and control from the 7 time I left the department to this day are -- is 8 this pile, Exhibit 1, period. 9 else that I had at any other point in time. 10 Q. Did you participate in any way in any inspect of the disciplinary proceedings against 12 Mandoyan while he was still a deputy sheriff? 13 A. No. 14 Q. While you were still a member -- strike that. While Mandoyan was still a member of 17 the Los Angeles Sheriff's Department, did you 18 know anything about the sheriff's disciplinary 19 proceedings against Mandoyan? A. I was made aware of them when I got 21 that call from Larry Del Mese asking me to look 22 into what was happening in the civil service 23 proceedings. 24 25 Q. 01:21 01:21 16 20 01:21 I have nothing 11 15 01:21 01:22 And that's the first time you ever knew anything about any disciplinary proceedings 01:22 Page 150 Veritext Legal Solutions 866 299-5127 Page 154 1 against Mr. Mandoyan? 2 A. Yes. 3 Q. Other than that one call you got from 4 Larry Del Mese to discuss what was going on in 5 the civil service proceeding against Mandoyan, 6 did you ever have any involvement in anything to 7 do with any disciplinary proceedings or other 8 proceedings against Mandoyan before Larry 9 Del Mese called you on November 26? 10 A. Not to my recollection, no. 11 Q. Since retiring from the sheriff's 12 department, have you learned anything about any 13 aspect of proceedings against Mandoyan whether 14 within LASD, the Civil Service Commission or 15 court proceedings? 16 A. 01:22 01:22 01:23 01:23 I'm only aware of what's been in the 17 media, but I've not spoken to anybody in the 18 organization about anything that's happening 19 with him. 20 Q. Or has happened to him since you left? 21 A. Correct. 22 Q. Do you know anything about any 23 tape-recorded interview of Sheriff's Deputy Lisa 24 Richardson by an IAB deputy with the last name 25 of Roam you've mentioned in your deposition? 01:23 01:24 Page 151 Veritext Legal Solutions 866 299-5127 Page 155 1 A. I don't know anything about that. 2 Q. Did you know anything -- do you know 3 anything concerning any interview that IAB -- 4 strike that. 5 Do you know anything about any 6 interview of a deputy named Lisa Richardson by 7 the IAB deputy named Roam concerning a 8 conversation that Richardson had with deputy 9 Amber Taylor about Mandoyan? 10 11 12 A. I'm not aware of any audio recording 01:24 01:24 01:24 involving Roam and Taylor. Q. And my last question was just with 13 reference to an interview, irrespective of 14 whether it was an audio-recorded interview? 15 A. I have no knowledge of any of that. 16 Q. While you were a chief with oversight 17 of the Internal Affairs Bureau, were you ever 18 aware of any interview of a deputy who said that 19 Deputy Taylor had, in fact -- that Deputy Taylor 20 said that Mandoyan had not done anything to 21 assault her? 22 A. No. 23 Q. Have you ever heard of anyone telling 24 anyone from the Internal Affairs Bureau that 25 Deputy Taylor had denied that Mandoyan had 01:24 01:25 01:25 Page 152 Veritext Legal Solutions 866 299-5127 Page 156 1 physically done anything to make her afraid of 2 him? 3 A. No. 4 Q. Have you ever learned of any 5 information suggesting that any evidence 6 acquired by the Internal Affairs Bureau 7 concerning allegations against Mandoyan had not 8 been entered into evidence? 9 A. No. 10 Q. If an interview is done by an IAB 11 officer concerning a matter of discipline 12 against a deputy, is the -- is any notation of 13 such an any interview supposed to be entered 14 into the records of IAB? 15 16 17 A. In most cases interviews that are Q. 01:25 01:26 And if there's a tape recording of the interview, obviously the tape recording is 19 supposed to be entered into evidence; right? A. 21 Correct. 01:26 And just for clarification, we wouldn't 22 call it evidence, but it should be included in 23 the packet. 24 administrative case, per se. 25 01:25 percipient should be indicated in the case. 18 20 01:25 Q. Evidence is not part of an Would you say it should be recorded in 01:26 Page 153 Veritext Legal Solutions 866 299-5127 Page 157 1 an IAB file concerning allegations of misconduct 2 against the deputy? 3 A. Yes. 4 Q. Do you know whether the sheriff's 5 department had any rules or policies during the 6 McDonnell administration concerning disclosure 7 of exculpatory evidence to officers who were the 8 subject of disciplinary proceedings? 9 A. 10 again. 11 Q. That question's vague. 01:27 Do you know whether the sheriff's department had any rules or policies during the 13 McDonnell administration which govern the 14 disclosure of exculpatory evidence to a deputy 15 who was the subject of disciplinary proceedings? A. is overtly directing people to provide 18 exculpatory information. Q. 01:27 I'm not aware of a specific policy that 17 19 01:26 Can you say it 12 16 01:26 I'm not aware of one. So when under your command an IAB 20 deputy interviewed someone who reported that the 21 victim denied the -- denied the allegation 22 against a deputy that was the subject of 23 discipline, would that typically be recorded in 24 the file of the deputy's disciplinary 25 proceeding? 01:27 01:27 Page 154 Veritext Legal Solutions 866 299-5127 Page 158 1 A. Yes. 01:28 2 Q. And while you were overseeing IAB, 3 would that typically be a matter that would be 4 disclosed to the deputy or his counsel? 5 A. 6 Yes. 01:28 MR. MILLER: I object to the -- I don't 7 understand these questions. 8 litigated in front of the Civil Service 9 Commission. 10 13 Are you trying to redo that? I guess so. 11 12 This was all 01:28 I object. This is a waste of time. BY MR. GORDON: Q. Were you involved in any way in any of 14 the writ petition proceedings in superior court 15 concerning Deputy Mandoyan? 16 A. No. 17 Q. While you were still a member of the 18 sheriff's department, did you know anything 19 about writ petition proceedings in superior 20 court concerning Mandoyan? 21 A. No. 22 Q. And other than what you've read or 23 heard in media reports, have you learned 24 anything about any of the writ petition 25 proceedings in the superior court concerning 01:28 01:28 01:29 Page 155 Veritext Legal Solutions 866 299-5127 Page 159 1 Mandoyan? 01:29 2 A. No. 3 Q. Other than what you were told by Larry 4 Del Mese or Roam concerning the civil service 5 proceedings against Mandoyan, have you ever 6 learned anything about the civil service 7 proceedings concerning Mandoyan? 8 9 A. So I was never told anything about the proceedings by Roam, and I have learned that the 10 civil service -- not only the hearing officer, 11 but the entire panel upheld his discharge. 12 Q. learned about the civil service proceedings 14 involving Mandoyan's discipline? A. The only other information I had is 16 when I looked into the matter at Larry's 17 request. 18 very difficult hearing; that Christine Roam, the 19 sergeant, was very aggressive in her putting 20 forth of her case; and that there was also a 21 robust case put on by the other side. 22 that's really all the information I learned 23 about that. 24 25 01:29 And is that the only thing you've ever 13 15 01:29 01:29 I did learn that it was a -- it was a MR. MILLER: 01:30 And Did Christine Roam represent Larry -- I mean represent -- not 01:30 Page 156 Veritext Legal Solutions 866 299-5127 Page 160 1 Larry -- Mandoyan? 01:30 2 THE WITNESS: 3 MR. MILLER: 4 THE WITNESS: 5 MR. MILLER: 6 Okay. 7 BY MR. GORDON: 8 9 10 11 Q. No. She was representing -The county's interest. The county's interest. Got it. Did you ever participate yourself in any way in any review of the department's discharge of Mandoyan? A. discharge of Mandoyan was subsequent to the call 13 from Larry Del Mese on November 26 when I pulled 14 up this document in AULT -- starting on page 15 AULT14 that ends on AULT42. 17 Q. 01:30 The only time I did a review of the 12 16 01:30 01:31 And you read that civil service proceeding report? 18 A. Yes. 19 Q. Other than doing that, did you ever 20 participate in any way in any review of the 21 department's discharge of Mandoyan? 22 A. No. 23 Q. Were you ever asked to personally 24 participate in any review of the department's 25 discharge of Mandoyan? 01:31 01:31 Page 157 Veritext Legal Solutions 866 299-5127 Page 161 1 A. No. 01:31 2 Q. What was the nature of your 3 relationship with Larry Del Mese at the time he 4 called you on November 26 to discuss a potential 5 review of Mandoyan's case? 6 A. So I would say when Larry Del Mese 7 called me on November 26, we had a positive 8 relationship. 9 person, and we had a good supervisor/subordinate I think Larry is a very nice 10 assistant relationship. 11 about personal matters, and I appreciated his 12 work. 13 Q. At times we talked 01:32 Did you have any negative -- were there 14 any negative aspects to your relationship with 15 Larry Del Mese at the time he spoke with on 16 November 26 other than your reaction to the 17 request? 18 A. No. 19 Q. Now, during your last week in the 20 office did you ever get driven home from the 21 office by another member of the department? 22 A. Yes. 23 Q. Who was that? 24 A. On my last day of work one of my 25 01:31 subordinates who lives in a different part of my 01:32 01:32 01:32 Page 158 Veritext Legal Solutions 866 299-5127 Page 162 1 city drove me home. 01:33 2 Q. And who was the subordinate? 3 A. That was Captain Josie Woolum. 4 Q. And why did you have Captain Josie 5 Woolum drive you home on -- this was November 30 6 you're talking about? 7 A. Yes. 8 Q. Why did you have Captain Josie Woolum 9 10 drive you home on November 30? A. Because Captain Woolum also has a car 11 assigned to her from the county. 12 lives in the same city as I do, albeit a 13 different part, and because I didn't feel it 14 would be appropriate to ask a member of my staff 15 who is at a much lower rank than her to take me 16 home and drop me off. 17 Q. 19 department drove you home during your last week 20 at the office from November 26 to November 30? 22 23 24 25 01:33 I don't recall anybody driving me home, because I had my car up until then. Q. 01:33 Is that ride by Josie Woolum on November 30 the only time anyone from the A. 01:33 Because she 18 21 01:33 So no. Did -- strike. Did Commander Steve Gross drive you home one day during your last week at the office 01:34 Page 159 Veritext Legal Solutions 866 299-5127 Page 163 1 between November 26 and November 30, 2018? 2 3 A. I don't have a recollection of that. Q. Did you tell Commander Gross during the 5 last week you were at the office that you 6 weren't feeling well and asked him to drive you 7 home? 8 10 11 MR. MILLER: 14 She said she didn't recall BY MR. GORDON: Q. 01:34 You can answer -MR. MILLER: Go ahead. BY MR. GORDON: Q. -- my question. 15 MR. MILLER: 16 THE WITNESS: Answer the question. I don't have a clear recollection of that. 18 BY MR. GORDON: Q. 01:34 That sounds familiar, but 17 19 01:34 it. 12 13 I don't know why he would have. 4 9 01:34 Did you receive a phone call from Larry 20 Del Mese while you were in a car being driven by 21 Commander Steve Gross to your home on a day that 22 you said you were not feeling well near the very 23 end of your tenure at the sheriff's department? 24 A. I don't have a recollection of that. 25 Q. You said you thought it sounded 01:35 01:35 Page 160 Veritext Legal Solutions 866 299-5127 Page 164 1 familiar that Steve Gross drove you home; 2 correct? 01:35 3 A. Correct. 4 Q. When do you place in your mind, as best 5 6 you can, when you think that might have been? A. I couldn't even begin to tell you. 01:35 The 7 only thing that prompts the recollection is I 8 think I vaguely remember asking him to do that 9 on one particular day because I left some 10 medication that I needed to take -- take. 11 left it at home, and it was causing me to be a 12 little light-headed. 13 I had And so I vaguely remember that, but I 14 have no specific, like, details about -- I 15 couldn't place it in time. 16 Q. At all? 17 A. I can't. recollection of one day not feeling well enough 19 to drive home. 20 the building to go home, but I could not tell 21 you what month. 23 Q. 01:36 I just -- I have a 18 22 01:35 I think I started walking out of 01:36 I don't -- I don't know. At the end of the day -- strike that. Was there an occasion that Steve Gross 24 was driving you home at your request when you 25 received a call from Larry Del Mese on the 01:37 Page 161 Veritext Legal Solutions 866 299-5127 Page 165 1 phone? 01:37 2 A. I don't recall that. 3 Q. Did you receive a phone call from Larry 4 Del Mese concerning the Mandoyan case while you 5 were being driven home by Steve Gross near the 6 very end of your tenure at the LASD? 7 A. I don't recall that. 8 Q. Did you tell Larry Del Mese in a phone 9 01:37 call while you were being driven home by Steve 10 Gross to your home at his request near the very 11 end of your tenure where you asked him words to 12 the effect of "Is this quid pro quo? 13 my job if I do it?" referring to his request 14 that you submit the Mandoyan matter for 15 reconsideration by McDonnell's administration? 01:37 Do I keep 16 A. I don't recall that. 17 Q. Do you deny that, in fact, you said it? 18 A. I don't recall that I said it. 19 Q. Do you recall that you did not say it? 20 A. I have no recollection of any of that. 21 I have a vague recollection of one day going 22 home ill and maybe asking Steve Gross to drive 23 me home, but I don't have a recollection of that 24 conversation. 25 bell to me. 01:37 01:38 It doesn't -- it's not ringing a 01:38 Page 162 Veritext Legal Solutions 866 299-5127 Page 166 1 Q. Did you have a conversation in the car 2 being driven by Steve Gross at your request when 3 he was driving you home near the end of your 4 tenure where Larry Del Mese told you there was 5 no quid pro quo, meaning there was no 6 agreed-upon arrangement that if you complied 7 with his request to submit the Mandoyan matter 8 for reconsideration by McDonnell, that you would 9 keep your job? 10 A. I have no recollection of that at all. 11 Q. Now, there are some things you know did 12 A. Right. 14 Q. I mean, you know you've never been President of the United States; right? 16 A. I'm pretty clear about that. 17 Q. There's some things you're just not 18 01:38 01:39 sure whether they happened or not; right? 19 A. Correct. 20 Q. You can't 100 percent deny that it 21 happened; you just don't recall it happening; 22 right? 23 A. Okay. 24 Q. Okay. 25 01:38 not happen; right? 13 15 01:38 01:39 Is the subject of receiving a phone call from Del Mese about the Mandoyan 01:39 Page 163 Veritext Legal Solutions 866 299-5127 Page 167 1 matter between November 26 and November 30 in 2 which he transmitted the request regarding 3 Mandoyan and there was a conversation about a 4 quid pro quo something that you know did not 5 happen or something you cannot definitively say 6 one way or another happened? 7 A. no recollection of that conversation occurring. 9 It doesn't ring a bell. I don't even know -- I 10 mean, I can't even tell you there's a vague wisp 11 of "Oh, yeah, I remember that." 12 completely something that I have zero 13 recollection of and zero belief that I even had 14 that conversation. Q. Were you light-headed in the car at the time Steve Gross was driving you home after you 17 had failed to take your medication? 19 20 21 A. 01:40 It is 16 18 01:39 All I can tell you is I have absolutely 8 15 01:39 01:40 I was light-headed enough to ask somebody to drive me home. Q. Going back to Exhibit 1, AULT43, the 01:41 email you sent to Del Mese -- 22 A. Yes. 23 Q. -- when you said, "As today is my last 24 day in service to the county," were you trying 25 to convey to him it was your last day physically 01:41 Page 164 Veritext Legal Solutions 866 299-5127 Page 168 1 serving as an LASD employee on active duty? 2 A. Yes. 3 Q. Did you have vacation or sick time or 4 other time stored up that you used between 5 December 1 and when you formally retired on the 6 second of January 2019? 7 A. Yes. 8 Q. Now, going to AULT44 in Exhibit 1, can 9 you -- this is your handwriting; right? A. Correct. 11 Q. And these are notes that you took that 01:41 12 you still had in your custody, possession or 13 control at the time you got served the 14 deposition subpoena? 15 A. Yes. 16 Q. Can you explain your notes that you 18 01:41 I was off work on approved leave. 10 17 01:41 01:41 wrote on this page, AULT44? A. Yes. So the numbers at the top, 19 2383392, refer to one of the Mandoyan cases, and 20 if I flip back to the front, AULT01, in Item 21 No. 1 it's listed there. 22 me that that is the case involving the domestic 23 violence. 01:42 So that indicates to 24 Below that it says "Lawsuit 9/7 25 of '18," and then "Lawsuit 8/27 of '18." So I 01:42 Page 165 Veritext Legal Solutions 866 299-5127 Page 169 1 was told that he had filed two lawsuits against 2 the County of Los Angeles, and if I recall 3 correctly, these were the dates the lawsuits 4 were filed. 5 Over to the side there's a circle with 6 a "Yes" -- or a "Y," which to me indicates 7 "yes," and so -- and then it says "Release of 8 both lawsuits." 9 10 Q. Hold on. Before you move on, what do 01:43 Yes what? 12 A. So, yes, that one of the hurdles that 13 would have to be overcome if Mandoyan was to 14 ever be returned to work is that he would have 15 to release the county of liability on both 16 lawsuits that he had filed. 17 Q. Okay. 18 A. Down below it says "Discipline" with a 19 question mark, and then it has the letter "N" in 20 it. 21 that involved a use of force, which is case 22 No. 2392810, and that -- the "N" means no, that 23 case would not be changed to a different 24 outcome. 25 01:42 Then below -- you mean "Y" means "yes"? 11 01:42 My recollection is that refers to the case If you go over, there's another -- 01:43 01:43 01:43 Page 166 Veritext Legal Solutions 866 299-5127 Page 170 1 2 Q. 5 Hold on. Let me just -- When you say no, that case would not be changed, what do you mean about that? A. So the request was change that case 6 from founded and wipe out the five days of 7 discipline, and change it to unfounded, and that 8 was not a consideration. 9 was not going to be something on any table -Q. And -- 11 A. -- [overspoken]. 12 Q. -- is this you writing down your view 01:44 13 of what the department's position should be or 14 you reporting what someone above you or across 15 from you said the department's position was 16 going to be? A. 01:44 Part of it had to do with details of 18 what was possible and what would even be 19 considered on any given day, but it was not a 20 direct, like, task list, if you will. 21 Q. What would -- 22 A. It was -- they were interim 23 01:44 That was not -- that 10 17 01:43 before you move on to the rest. 3 4 Hold on. 01:44 discussions. 24 Q. With whom? 25 A. With -- parts of this are from county 01:44 Page 167 Veritext Legal Solutions 866 299-5127 Page 171 1 2 counsel. Q. Yes. 01:45 So this is you recording what you 3 believe the department's position was going to 4 be based on what county counsel's position was? 5 6 7 A. It had more to do with possibilities as opposed to a position. Q. Who was the county counsel that you're 8 speaking with to determine what the department's 9 position was possibly going to be? 10 A. I wouldn't say this conversation 11 related to department's position. 12 to do with hurdles and information I could -- I 13 could take back. Q. Take back from whom -- 15 A. From -- 16 Q. -- to whom? 17 A. Take back to Larry Del Mese about what 19 01:45 were sort of standard operating procedures. Q. So you were writing down "No" after 20 speaking with county counsel as a notation to 21 you to tell Del Mese that removing -- or 22 changing the finding in the prior disciplinary 23 proceeding from founded to unfounded was not a 24 possibility? 25 01:45 It had more 14 18 01:45 A. So some of these notations had to do 01:46 01:46 Page 168 Veritext Legal Solutions 866 299-5127 Page 172 1 with, Is this even possible? 2 possibly happen? 3 like, this was my self-notes. 4 there's the yeses and the nos, like, Okay. 5 this even possible? 6 Could this even So that's where you get the -So that's why 8 necessarily even at times about Mandoyan. Q. I'm sorry. And who was the county counsel that you said you spoke with? 01:46 11 A. Pirjo Ranasinghe. 12 Q. So these notes are reflecting your 13 understanding after speaking with her? 14 A. Of possibilities. 15 Q. Okay. So after speaking with her, your 16 notation was "No" as to discipline as to the 17 prior matter; that that was not -- that was not 18 even a possibility to be changed? 19 A. 01:47 It's more about, Has this ever happened 20 before? 21 this ever been done in the past? 22 01:46 So this was not even so much even -- it was prompted by Mandoyan, but it's not 10 Is Is it even a possibility? 7 9 01:46 Have you ever come across this? Has 01:47 It wasn't, What are we going to do 23 about Mandoyan? It was, This is what I learned 24 in AULT1 through 4. 25 their ask. This is what I'm seeing Are these things even possible? 01:47 Page 169 Veritext Legal Solutions 866 299-5127 Page 173 1 Have we ever done this? 2 that the county could consider? 3 Is this even something So it wasn't like, Tell me what we can 4 do or not do. It has a lot to do with, What 5 have we done? Is this even reasonable? 6 me doing my due diligence about process. 7 8 9 Q. It was a line through it "back pay"? A. So would back pay even -- would back pay even be considered in a matter such as this? 11 What's our record? 12 record? 13 if you -- the way my brain works was yes, zero 14 back pay. 16 17 Q. 01:48 What's our historical And the answer was yes, we would not -- There would be no back pay. And what about the next entry with a 01:48 question mark? A. The one was how do you -- so the issue 18 was, How do you even bring a guy back like that? 19 And it was, As if he were on a leave of absence. 20 So you would handle that as if he were gone. 21 And I don't know really know what that pertained 22 to, because it was my thoughts at the time. 23 01:47 And what's the "Y" regarding zero with 10 15 01:47 01:48 And then the circle underneath that is 24 "OOS," which is "out of service," and then the 25 question was, Place where? So if he were ever 01:48 Page 170 Veritext Legal Solutions 866 299-5127 Page 174 1 2 to come back, where would he go? Q. Have you told me everything that you 3 had in mind at the time you made the notes 4 reflected on AULT44? 5 MR. MILLER: 6 When did you make these notes? 7 THE WITNESS: Can I ask a question? sometime after the 26th but probably before 9 the 28th as I was going through my head, What 10 would I want to know? 11 What would I want answered? 12 through this what-if scenario based on AULT1 13 through 4. 14 BY MR. GORDON: Q. 16 17 What are my questions? And on AULT45 it's got a date 11/26/18. 01:49 This is all your handwriting too; correct? A. Yes. 19 Q. Were these all notes that you wrote on November 26, 2018? 01:49 21 A. Yes. 22 Q. Were these notes of a phone call that 23 01:49 It was me going 18 20 01:49 It was made sometime -- 8 15 01:48 you had with Larry Del Mese from that day? 24 A. Yes. 25 Q. Where did you make these notes? 01:49 Page 171 Veritext Legal Solutions 866 299-5127 Page 175 1 A. So on my desk I kept with me a binder 2 that I kept notes in, and when my secretary told 3 me he was on the phone, I pulled my notepad out. 4 Because I'm assuming there was going to be an 5 ask, and so I was making notes as we spoke. 6 7 8 9 Q. that there was going to be an ask? A. Because my understanding was Larry Del Mese was on the transition team, and I'm pretty sure the reason he was calling was to ask 11 for something. 12 statistics, a particular case, a question about 13 process, I knew there was going to be some sort 14 of ask, and so I wanted to be ready to make sure 15 I copied what he was going to ask me. 17 Q. 01:50 Whether it was going to be And what was the first entry? 01:50 Can you decipher that for us? 18 19 01:50 And why is it that you were assuming 10 16 01:49 Does it say, "Looking at photo of me on org chart"? 20 A. Yes. 01:50 21 Q. Is that a dash, "Newer photo"? 22 A. Yes. 23 Q. What did you mean by that? 24 A. He said he's looking at a newer photo 25 of me. 01:50 Page 172 Veritext Legal Solutions 866 299-5127 Page 176 1 Q. And do you know what the most recent 2 org chart was under the McDonnell 3 administration? 4 01:50 Did it have a photo of you? 5 A. I think it did. 01:51 6 Q. So from this could you tell whether he 7 was looking at an original -- I mean an existing 8 organization chart under McDonnell as opposed to 9 a prospective organizational chart for when 10 11 12 13 14 Villanueva would take office? A. Well, I asked him that question, and he wouldn't answer. Q. But what I'm asking you is could you tell from his comment which he was referring to? 15 A. I had no idea what he was looking at. 16 Q. And then you've got the number "1." 17 01:51 01:51 I assume "Return to work Mandoyan" -- 18 A. "Caren." 19 Q. Caren, his first name? 20 A. Uh-huh. 21 Q. And then "S/A." 22 01:51 What is "S/A"? 23 A. "S/A" means "settlement agreement." 24 Q. "To chief of division"? 25 A. So number -- 01:51 Page 173 Veritext Legal Solutions 866 299-5127 Page 177 1 Q. Is that what -- 2 A. Let me help. 3 Q. Okay. 4 A. "Return to work Mandoyan, Caren. 5 Settlement agreement." 6 him, You need to send your request to the chief 8 of the division where Mandoyan was assigned at 9 the time he separated from the organization. 10 Q. And who was that? 11 A. Seated in the chair, if I recall 12 correctly, it -- I initially thought it was John 13 Benedict, but I think Hollywood had been moved 14 over to Central Patrol, which would have been 15 Joe Gooden. Q. What does the next line say? 17 A. It says, "No to undersheriff to hours 18 benefit." 19 assuming it means "to hours benefit." 22 Q. 01:52 01:52 16 21 01:51 "To chief of division" is me telling 7 20 01:51 My writing is horrible, so I'm Do you know what you were trying to 01:52 convey to yourself through your notes? A. So I think probably in the conversation 23 I'm saying no, it needs to be to the 24 undersheriff. 25 "to" -- and then what I'm assuming I wrote was But I honestly don't know what 01:53 Page 174 Veritext Legal Solutions 866 299-5127 Page 178 1 "hours" and "benefit." I don't actually know 2 what I was trying to convey to myself or to 3 Larry at that point. 4 Q. And then the next line? 5 A. Is "L/U," which means "look up case." 6 And then I wrote down 2383392, and then I wrote 7 next to that "Get back," meaning "get back to 8 Larry." 9 10 11 Q. And then you had a line and then another set of notes; right? A. 01:53 So it says -- there's a discharge case and then a dash, and then "05 days out of 13 statute." 14 I probably wrote later, and this would not have 15 been during the conversation. 16 "v" marks and that kind of loopy line would say, 17 "Release two lawsuits. 18 leave. 20 And then underneath of discharge case Place where? So those little No back pay. 01:53 As if on And any discipline." So what you saw here was a recap on that note on AULT44. 01:54 21 And then "Not on the table" I wrote, 22 meaning that wasn't going to be a part of any 23 settlement agreement for the discharge, because 24 that's a separate issue. 25 01:53 So that was during -- so that was that. 12 19 01:53 And then associated with that, I have 01:54 Page 175 Veritext Legal Solutions 866 299-5127 Page 179 1 the box, and the box says, "Look in ERCOM." 2 that was telling me to go pull some of the other 3 documents that are within this packet to take a 4 look and see what happened with that case and 5 what was that case all about. 6 sort of after that my notes to myself of what to 7 do and how to take a look at that. 8 9 Q. So this was my -- 11 everything else written on November 26 during 12 the phone call on page AULT45? A. conduct myself and my note-keeping, that line 15 would indicate the conversation ended. 16 where it says, "Get back," that was pretty much, 17 you know, in my mind, where the conversation 18 ended. 19 to the tasks or the conversation above. Q. Because Which would have been written between November 26 and your last day at the office on 22 November 30, 2018? 24 25 01:55 And then below the line was my follow-up 21 A. 01:55 So if I had to tell you the way that I 14 23 01:54 arrow on the bottom half of the page and the kind of squiggly line and "Not on table," was 20 01:54 So the note -- other than the downward 10 13 So I would say absolutely. 01:55 Sometime prior to that. Q. Sometime prior to November 30? 01:55 Page 176 Veritext Legal Solutions 866 299-5127 Page 180 1 A. Yes. 01:55 2 Q. So under the line where it says 3 "Discharge case" and then you've got a downward 4 arrow, "Release two lawsuits," you're saying 5 that that was something that you understood was 6 possible? 7 A. So that was just -- as I went through 8 the documents and looked at what was -- what 9 were the things that I needed to think about -- 10 and if I can go back a moment. 11 01:56 01:56 When Larry called and asked about this, 12 my initial instinct was to say it's unethical, 13 it's inappropriate, it's not consistent with 14 that, but I wanted to do my due diligence. 15 so in doing my due diligence to make sure I 16 wasn't reactive, that I was basing my 17 information on fact and knowledge, I wanted to 18 do my own work before I made sure about 19 everything that I believed to be true. 20 And And so these are the things that I'm 21 saying to myself, What has to happen? 22 a release for these lawsuits? 23 to do that? 01:56 01:56 Is there Are they willing 24 Q. Is who willing to do that? 25 A. Is Mandoyan willing to release the two 01:57 Page 177 Veritext Legal Solutions 866 299-5127 Page 181 1 lawsuits? 2 wouldn't be back pay. 3 carry, you know, his absence from the 4 department? 5 And then in the cases like this there And how do you want to There's all these very detailed and 6 specific things that go on, and they're all 7 considerations in offers to people and 8 settlement agreements. 9 considerations that I had written down as you take a look at the discharge case and then take 11 a look at the other case. 12 like working notes for me and wanting to get 13 clarifications along the way. Q. 01:57 So these were 10 14 01:57 01:57 So these are sort of Did you have your conversation with the 15 county counsel attorney about Mandoyan between 16 the time you took the notes on the first half of 17 page AULT45 and the time you wrote the notes at 18 the bottom half of the page of AULT45? 19 MR. MILLER: You mean with Pirjo? 20 MR. GORDON: Yes. 21 THE WITNESS: 01:57 01:58 I don't -- I can't 22 articulate the timing. I can just tell you 23 this: 24 the next call I made was to Pirjo, and the third 25 call I made in succession was to the I'm very clear I got a call from Larry, 01:58 Page 178 Veritext Legal Solutions 866 299-5127 Page 182 1 undersheriff. 2 BY MR. GORDON: 3 Q. 01:58 I'm asking you about the notes on the 4 bottom half of the page: 5 timing with respect to your call with Pirjo, the 6 county counsel attorney? 7 A. Did you provide any I would say they're reasonably 8 contemporary. 9 "Look in ERCOM." Because I had that box that says, And so because of that I would 10 say it's contemporary, but I couldn't tell you 11 when. 12 when. 13 Q. Have you now told me everything you can remember about what you intended from the notes 15 you wrote on AULT45? 01:58 16 A. Yes. 17 Q. Have you now told me everything you can 18 remember about what you intended by making the 19 notes -- writing the notes on AULT44? 20 A. Yes. 21 Q. Did you understand you had the right 01:59 22 under Civil Service Commission rules to remain 23 as a commander under Villanueva even if he 24 removed you as a chief? A. 01:58 I don't have a specific recollection of 14 25 01:58 Yes. 01:59 Page 179 Veritext Legal Solutions 866 299-5127 Page 183 1 Q. And did you decide that you were not 2 interested in remaining as a commander even if 3 he removed you as a chief? 4 A. If I had remained and I had been 5 removed down to the rank of commander, the 6 financial implications are profound, and I 7 wasn't willing to risk my financial future for 8 something that I felt was really unethical. 9 10 Q. 11 A. Over 36. 12 Q. Were you still accruing pension 13 benefits on a yearly basis after serving 14 36 years there? 15 A. Yes. 16 Q. And what pension benefits were you accruing on a yearly basis even after serving 18 36 years? 21 22 23 Was it a percentage of your salary each year that kept on going up? A. I think that's how it works. 02:00 I'm not particularly versed in that. Q. 24 25 01:59 02:00 17 20 01:59 And you at this time -- how many years had you served at the sheriff's department? 19 01:59 And do you know when -- strike that. Was there a mandatory retirement age? A. No. 02:00 Page 180 Veritext Legal Solutions 866 299-5127 Page 184 1 Q. How many boxes of documents did you 2 take from your sheriff's department office 3 during the time you were packing up after 4 learning that Villanueva would be the sheriff on 5 November 26? 6 7 02:00 MR. MILLER: Objection. Asked and answered. 8 9 You can answer it again. BY MR. GORDON: 10 Q. You told me how many boxes you took? 11 A. I don't have an estimate of documents. 12 I think we just talked about there was a large 13 amount -- 14 MR. MILLER: 15 THE WITNESS: 16 17 -- personal items I took. 02:01 BY MR. GORDON: Q. Can you tell me -- can you provide any estimate of how many pages, inches, boxes of 19 documents you removed from the sheriff's 20 department office? 21 23 02:00 Personal stuff. 18 22 02:00 MR. MILLER: items. 02:01 She said it was personal She didn't say -MR. GORDON: You don't need to testify. 24 I'm just asking her a question. If you want to 25 say it's asked and answered, fine, make your 02:01 Page 181 Veritext Legal Solutions 866 299-5127 Page 185 1 objection. 2 MR. MILLER: 3 vague and ambiguous. 4 MR. GORDON: 5 Q. 02:01 Objection. It's also Okay. So my question is can you give me any 6 estimate of the volume of documents -- 7 LASD-related documents that you took with you 8 during your last week at the sheriff's 9 department between November 26 and November 30? 10 11 12 A. I would say of documents it was a couple folders full. Q. Did you ever speak on the phone with Del Mese while you were in a vehicle concerning 14 the Mandoyan matter? 16 17 18 A. My recollection is we spoke when I was Q. So is your answer no, you don't believe that you -- strike that. So my question was did you ever speak 20 on the phone with Del Mese while you were in a 21 vehicle concerning the Mandoyan matter? 23 02:02 in the office. 19 22 02:01 It wasn't a lot. 13 15 02:01 A. 02:02 And my recollection is I spoke with Del Mese while I was in an office. 24 Q. Only when you were in an office -- 25 A. Yeah. 02:02 Page 182 Veritext Legal Solutions 866 299-5127 Page 186 1 Q. -- is what you're saying? 2 A. That's my distinct recollection. 3 Q. Did you ever speak with Larry Del Mese 4 while you were in the presence of Steve Gross? 5 6 Q. 9 10 MR. MILLER: Objection. Asked and MR. GORDON: No, it wasn't. You can answer -MR. MILLER: You can answer. BY MR. GORDON: 02:03 11 Q. You can answer that. 12 A. I have no recollection of speaking to 13 14 I've never -- Larry Del Mese in front of Steve Gross. Q. Now, you've testified that you printed 15 out a copy of AULT43 from an LA Times article 16 that was online; right? 17 A. Yes. 18 Q. And that was an article by Los Angeles 19 A. Yes. 21 Q. Did you ever speak with Maya Lau about 02:03 the Mandoyan matter? 23 A. That would be a yes and no. 24 Q. When did you first speak with Maya Lau 25 02:03 Times writer Maya Lau; right? 20 22 02:03 answered. 7 8 02:02 in a conversation in which the Mandoyan matter 02:04 Page 183 Veritext Legal Solutions 866 299-5127 Page 187 1 arose? 2 A. 02:04 Maya Lau showed up at my home uninvited 3 and wanted to speak to me about the Mandoyan 4 matter. 5 Q. And I meant by "when" date-wise? 6 A. I would say sometime in December or 7 January. 8 know. 9 Q. I'd have to go back and look. 02:04 I don't When you say "go back and look," how 10 would you be able to place the timing of her 11 visit to your house? 12 A. Because the day my aunt came home from 13 the hospital was the day that Maya Lau showed up 14 on my doorstep. 15 Q. Okay. So if I leave a place in the 16 transcript for you to identify the date that 17 Maya Lau showed up at your house and the subject 18 of Mandoyan arose, you can fill in that blank 19 with a date by determining the exact day that 20 your aunt returned from the hospital? 21 A. 02:04 02:04 02:04 Yes. 22 (Information requested: ____________________ 23 ______________________________________________________ 24 ______________________________________________________) 25 Page 184 Veritext Legal Solutions 866 299-5127 Page 188 1 BY MR. GORDON: 2 3 Q. 10:39 All right. What did Maya Lau ask you -- strike that. 4 How did the subject of Mandoyan arise 5 during the conversation between Maya Lau and 6 you? 7 8 MR. MILLER: 11 Assumes facts not in evidence that there was a conversation. 9 10 Objection. You can go ahead and answer it. BY MR. GORDON: Q. 02:05 Am I misunderstanding that the subject 12 of Mandoyan arose during a conversation between 13 you and Maya Lau? 14 A. You're correct; it did. 15 Q. Okay. And my question is can you tell 16 me how the subject of Mandoyan arose during that 17 conversation? 18 A. She brought it up. 19 Q. What did she say to bring up the 20 subject of Mandoyan during her conversation with 21 you at your house? 22 02:05 A. 02:05 02:05 She said that she came to my house 23 because she wanted me to talk to her about 24 Mandoyan. 25 would be helpful to a news article that she was She felt that I had information that 02:05 Page 185 Veritext Legal Solutions 866 299-5127 Page 189 1 writing, and she wanted me to give her 2 information. 3 Q. And what was your response to her? 4 A. My response to her was I had nothing to 5 say to her. And I further told her that I had 6 no intention of talking to her. 7 any information that I had would be part and 8 parcel to my work, and she clearly didn't know 9 me, and that I left work because of an ethical issue, and I wouldn't breach that ethical issue 11 even in my retirement to share with her anything 12 that I knew. 14 15 Q. 02:06 And is that the totality of what you said to her, in substance? A. In substance it was made clear to her 16 in spite of her repeated cajoling that I had 17 absolutely nothing to say to her. 18 something that I wanted to talk about. 19 02:06 It was not She asked me if I had a point where I 20 would be willing to talk to her, and I told her 21 what my line in the sand was. 22 I wanted to ever talk to her, I knew how to find 23 her and that she didn't need to come back to my 24 home. 25 02:06 I told her that 10 13 02:05 Q. 02:06 And I told her if Did you ever say anything to her about 02:07 Page 186 Veritext Legal Solutions 866 299-5127 Page 190 1 Mandoyan specifically? 2 A. No. 3 Q. Did you ever say that you thought 4 anyone from the sheriff's department had asked 5 you to do something unethical? 6 A. that I felt were crossing an ethical boundary 8 and that I wouldn't violate those same ethics 9 just to give her a story. 11 12 Q. Did you say anything else to her during 02:07 your conversation at your house? A. I just told her that I didn't have 13 anything to say to her; that if I wanted to talk 14 to her I would find her; I knew how to find her. 15 She asked me if she could have my phone number, 16 and I told her no. 17 02:07 And I told her she's a good 18 investigator and that if she needed information, 19 she knew where she could find it, but it wasn't 20 going to be from me. 21 02:07 I told her that I retired for reasons 7 10 02:07 Q. 02:07 Did you ever communicate directly or 22 indirectly to Maya Lau or anyone at the LA Times 23 any information that you thought would lead them 24 to request from the sheriff's department the 25 November 30 email from you to Larry Del Mese? 02:08 Page 187 Veritext Legal Solutions 866 299-5127 Page 191 1 A. I told Maya Lau she's a good 02:08 2 investigator and that she knows how to do a PRA, 3 and if she wants to find information, she could 4 do PRAs. 5 Q. And in that conversation did you say 6 anything to her beyond that that would focus her 7 in any way on your November 30 email to Larry 8 Del Mese that's AULT43? 9 A. I don't know if I specifically told her 10 that. 11 for me. 12 had just come home from the hospital. 13 actually thought she was a home healthcare 14 giver. 15 The conversation was very uncomfortable I didn't want her at my home. look, go do a PRA. Look for emails. 17 documents. 18 know, go do what you do. 19 investigator. 20 what I told her. 02:08 My aunt I I may have told her, "If you want to 16 21 02:08 02:08 Look for You know how to do that, so, you Go be a good Go be a good reporter" is kind of 02:09 And asked her -- you know, when she 22 said, "Okay. Well" -- and she told -- I think 23 she told me she already did it, by the way. 24 And so I'm like, "Okay. Then go do 25 what you do" and, you know, "I got to go. I'm 02:09 Page 188 Veritext Legal Solutions 866 299-5127 Page 192 1 taking care of my aunt." 2 3 02:09 So that was kind of the gist. Q. And in telling her what she could do in 4 terms of submitting a PRA -- that's a Public 5 Records Act request; right? 02:09 6 A. Correct. 7 Q. -- did you say anything about any email 8 9 from you to Larry Del Mese? A. My recollection is, yes, I told her, 10 "You can look for emails. 11 you need to do. 12 You can do whatever I mean, go do what you do." She had come to my house one time 13 prior, and I wasn't home, and I didn't want to 14 talk to her. 15 you do. 16 of the conversation to sort of shoo her away. 17 "Go do your thing, but I don't want to be a part 18 of it." 19 20 21 Q. So, "Go investigate. You've done it before." Go do what That was kind to Larry Del Mese concerning Mandoyan; right? A. 02:09 Yeah, by looking for an email from you 02:10 By telling her to go be an 22 investigator. 23 I wanted her to leave my home. 24 talk to her about Mandoyan or anything else. 25 02:09 There's investigative principles. MR. MILLER: I didn't want to He's asking you did you 02:10 Page 189 Veritext Legal Solutions 866 299-5127 Page 193 1 direct her to a specific email. 2 THE WITNESS: 02:10 I think my specific 3 direction to her was, "Look for emails. 4 what you do." 5 BY MR. GORDON: 6 Q. Go do 02:10 From -- did you say anything to her 7 directly focusing her on an email from you to 8 Del Mese is my question? 9 A. That conversation was very disturbing 10 to me to have her on my doorstep. 11 appreciate it. 12 probably told her, "Go look for emails. 13 for emails that you're concerned about." 14 I didn't It -- didn't like it. Yeah, I Go look I don't -- I don't recall if I'm like, 15 And look for an email dated November 26 that has 16 this content and that header and this and that. 17 I just recall wanting her to leave my home so I 18 could take care of my aunt, and I wanted to her 19 to leave, and I wasn't going to tell her 20 anything. 21 22 23 02:10 02:10 02:11 And she asked me if I would talk to her, and I'm like, "I have nothing to say." Q. When you were talking with Maya Lau, 24 did you feel in your own mind like you wanted to 25 direct her to an email that you thought would 02:11 Page 190 Veritext Legal Solutions 866 299-5127 Page 194 1 2 vindicate you? A. 02:11 I don't know in that conversation I 3 felt like I needed vindication. 4 nothing for me to be vindicated by. 5 decision, and I made it on my own. 6 that vindication is anything that I need. 7 Q. There was I made a I don't know Did you think in your own mind when you 8 were talking with Maya Lau at your own home that 9 directing her to an email from you to Larry 10 Del Mese would show what the new incoming 11 sheriff had in mind before he even took office? 12 A. was to have her leave my house. 14 reveal anything that I knew about this matter. It wasn't to And I didn't ask her -- I don't recall 16 asking her specifically. 17 mentioning emails, saying, "Go look for email. 18 Go look for that. 19 PRA." 20 21 Q. 02:12 I do remember Go do what you do. Get a When you saw this email in the LA -- 02:12 strike that. 22 When is the first time you ever saw 23 that your email to Larry Del Mese on November 30 24 was linked to an LA Times article? 25 02:11 When Maya Lau came to my home, my goal 13 15 02:11 A. When -- I think I saw it on the news in 02:12 Page 191 Veritext Legal Solutions 866 299-5127 Page 195 1 the morning or -- I get the LA Times 2 electronically, so I think I saw it in there. 3 Q. 02:12 And when you saw it, did you remember 4 that you had directed Maya Lau to any particular 5 emails or categories of emails? 6 A. 02:12 Here's what stood out to me in reading 7 the article is that she wrote in the article 8 that I was unavailable for comment. 9 remember being thankful. 10 Because I know this much: And I She did not 11 call me and specifically ask me about any emails 12 that she located. 13 was respectful in that fashion and didn't bother 14 to call me again. 15 Q. And I was grateful that she My question, though, was when you saw 16 the email that's AULT43 linked to her LA Times 17 online article, did you remember that you had 18 directed her to any particular emails or 19 categories of emails? 20 21 22 23 24 25 A. 02:13 No. MR. MILLER: 02:13 02:13 I'd say that's -- I call that beating a dead horse. MR. GORDON: Thanks for your guidance. I appreciate it. MR. MILLER: Anytime. 02:13 Page 192 Veritext Legal Solutions 866 299-5127 Page 196 1 MR. GORDON: [Inaudible.] 2 MR. MILLER: Are we going off the MR. GORDON: No. 3 record? 4 5 (Sotto voce discussion 6 between Mr. Gordon and 7 Mr. Del Mese.) 8 9 02:13 MR. MILLER: 02:13 The record should reflect that counsel and Larry Del Mese are whispering 10 in each other's ears while we're still on the 11 record. 12 BY MR. GORDON: 13 Q. That's why there's nothing going on. Did you mention the name Larry Del Mese 14 to Maya Lau prior to the time you saw that she 15 linked your November 30 email to Larry Del Mese 16 in her article? 17 18 19 A. His name may have come up. 02:14 I don't recall. Because she was asking me to talk to 20 her, to give her information. 21 have told her that I'd talk to her; she should 22 come to me; people were directing her to me. 23 And I don't know if she mentioned it. 24 think I mentioned it. 25 02:14 She said people I don't -- I don't recall the 02:14 I don't 02:15 Page 193 Veritext Legal Solutions 866 299-5127 Page 197 1 conversation. 2 I wanted her to leave. 3 home. 4 care of, and it caught me way off guard that she 5 was at my door. 6 Q. The part that stands out to me is I didn't want her at my I had a sick family member I was taking 02:15 Did you mention to Maya Lau when she 7 was at your home that she should look for any 8 emails between you and Eli Vera? 9 A. I don't think that even came up. 10 Q. But are you saying Del Mese did come A. I don't have a recollection of Eli 11 12 Vera's name coming up, and honestly, I don't 14 recall if Larry's name came up. 15 obviously was talking to people, because 16 somebody gave her information. I know that she 17 And she was pressing me to communicate 18 with her on the matter, and I kept telling her, 19 "I have nothing to say to you." 20 mentioned names, but I don't specifically recall 21 Eli Vera's name coming up. 23 24 25 02:15 up? 13 22 02:15 Q. 02:15 She may have 02:16 And you may have mentioned names of LASD personnel as well; right? A. I'm saying there were probably names that were thrown around, but my recollection 02:16 Page 194 Veritext Legal Solutions 866 299-5127 Page 198 1 isn't -- Eli Vera's name doesn't sound familiar 2 in any way, shape or form. 3 And if it's helpful, I can tell you my 4 aunt probably came home sometime mid to end of 5 January, if that helps you. 6 specific date. 7 8 MR. MILLER: But I'd need a You don't have to help THE WITNESS: 10 MR. MILLER: 11 own. 12 BY MR. GORDON: Q. Yeah. He's doing great on his last physical day on duty, November 30, did you 15 ever communicate with any member of the media 16 about anything concerning the sheriff's 17 department? 18 A. No. 19 Q. After November 30, 2018, to the present 20 have you ever communicated with any member of 21 the media about anything concerning the 22 sheriff's department other than this one 23 conversation that you said you had with Maya Lau 24 when she appeared at your home? A. 02:16 Between November 26, 2018, and your 14 25 02:16 him. 9 13 02:16 No. 02:16 02:17 02:17 Page 195 Veritext Legal Solutions 866 299-5127 Page 199 1 Q. Have you -- strike that. 2 Between November 26, 2018, and today 3 have you provided or caused to be provided to 4 any member of the media any document you 5 obtained through your position as a chief at 6 LASD? 7 A. No. 8 Q. Or as a commander at LASD? 9 A. No. 10 Q. Between November 26, 2018, and the last 11 day you physically appeared at work on 12 November 30, 2018, other than the one call you 13 had with county counsel Pirjo, did you ever 14 communicate with any member of county counsel's 15 office about the Mandoyan matter? 16 17 18 A. 02:17 02:18 02:18 I only spoke with Pirjo about this matter. Q. And was it the one time on November 26 19 after speaking with Larry Del Mese that you 20 already testified about or some other time? 21 02:17 A. 02:18 I believe I spoke to her a second time, 22 because that's when I learned that this matter 23 was being discussed, it wasn't going to be 24 resolved before Friday, and that contract 25 counsel and the county counsel that deals with 02:19 Page 196 Veritext Legal Solutions 866 299-5127 Page 200 1 litigation were engaged in the request. 2 Q. To consider the settlement agreement? 3 A. To consider the request. 4 Q. For a settlement? 5 A. Yes. 6 Q. Did you learn which other -- which 7 02:19 contract counsel was involved in that task? 8 A. No. 9 Q. Did you learn which other county 10 counsel attorney was involved in that task? 11 A. No. 12 Q. Other than the draft unsigned 13 settlement agreement that is contained in AULT01 14 through AULT04 in Exhibit 1, did you ever 15 provide any other document to county counsel's 16 office concerning the Mandoyan matter? 17 A. No. 18 Q. After November 30, 2018, have you had 19 any communications with any attorney from the 20 county counsel's office about any matter 21 regarding Mandoyan? 22 A. No. 23 Q. After November 30, 2018 -- strike that. 24 25 02:19 02:19 02:19 02:20 From November 26, 2018, to the present have you ever had any communications with anyone 02:20 Page 197 Veritext Legal Solutions 866 299-5127 Page 201 1 from the Office of Inspector General concerning 2 Mandoyan? 3 A. No. 4 Q. From November 26, 2018, to the present 5 have you ever had any communications with any 6 representative of the board of supervisors of 7 the County of LA concerning Mandoyan? 8 A. 9 I don't recall who, but someone reached out to me and asked me if I would communicate 11 with the Office of Inspector General on the 12 Mandoyan matter and my role on it, and my answer 13 was no. 14 Q. This is after you had retired? 15 A. Yes. 16 Q. And was that someone from the -- someone who identified himself or herself as 18 being from OIG? A. I don't recall who asked me, but I know 20 that I was asked if I would speak to someone, 21 and my answer was no. 22 who made the request. Q. 02:21 02:21 17 23 02:20 Let me go back and correct my answer. 10 19 02:20 02:21 But I don't recall who -- So to make sure that I've got everyone 24 included, from November 26, 2018, to the 25 present, is the only document you ever provided 02:21 Page 198 Veritext Legal Solutions 866 299-5127 Page 202 1 concerning Mandoyan to either someone from the 2 board of supervisor's office, someone from OIG's 3 office or someone from county counsel's office 4 the settlement agreement or the form of the 5 settlement agreement in AULT1 through 401 6 through AULT04, Exhibit 1? 7 A. MR. MILLER: 9 Could I have that question back. Pardon me. Wait, wait, wait, wait. Please. 02:22 11 (Record read as follows: 12 "Question: So to make sure 13 that I've got everyone included, 14 from November 26, 2018, to the 15 present, is the only document you 16 ever provided concerning Mandoyan 17 to either someone from the board 18 of supervisor's office, someone 19 from OIG's office or someone from 20 county counsel's office the 21 settlement agreement or the form 22 of the settlement agreement in 23 AULT1 through AULT4, Exhibit 1?") 24 25 02:22 The only -- 8 10 02:21 MR. MILLER: Well, it's a compound question. 02:22 Page 199 Veritext Legal Solutions 866 299-5127 Page 203 1 2 3 MR. GORDON: I'll break it down for you. Q. From November 26, 2018, to the present, 4 is the only document concerning Mandoyan you've 5 ever provided directly or indirectly to the 6 board of supervisors -- strike that. 7 8 supervisors. From November 26, 2018, to the present 10 have you ever directly or caused to be provided 11 any document concerning Mandoyan to anyone you 12 thought was representing the county board of 13 supervisors? 14 MR. MILLER: 02:23 THE WITNESS: I have not provided this 17 document to anyone other than Pirjo Ranasinghe 18 close to the 26th. 19 BY MR. GORDON: 21 Q. document. Right. 02:23 That excludes me, because that is my client. 16 20 02:22 Let me rephrase it as the board of 9 15 02:22 And I'm not limiting to this 02:23 I'm just trying to confirm that -- 22 A. Nothing. 23 Q. As to the board of supervisors, you 24 never sent anything for the purpose of 25 communicating it to the board of supervisors -- 02:23 Page 200 Veritext Legal Solutions 866 299-5127 Page 204 1 A. I -- 2 Q. -- concerning Mandoyan? 3 A. I have given nothing to no one, period. 4 Q. Nothing to anyone; right? 5 A. Grammatically correct. 6 Q. Other than the settlement agreement 7 02:23 Thank you. that you provided to Ms. -- 8 A. Ranasinghe. 9 Q. -- Ranasinghe, correct, that concerns 10 Mandoyan? 02:24 11 A. Correct. 12 Q. All right. So if I asked you about 13 OIG, if I asked you about county counsel, if I 14 asked you about board of supervisors, the only 15 one document that concerns Mandoyan that you've 16 ever provided to anyone associated with those 17 three departments or agencies is the settlement 18 agreement at AULT1 through ALT4 in Exhibit 1; am 19 I correct in understanding that? 20 A. Yes. 21 Q. And is the only person you understood to be employed by the county board of 23 supervisors, OIG or county counsel's office 24 concerning Mandoyan Ms. Ranasinghe? MR. MILLER: 02:24 02:24 22 25 02:23 I don't understand that 02:24 Page 201 Veritext Legal Solutions 866 299-5127 Page 205 1 question. 2 3 4 Objection. Vague. Ambiguous. Could you rephrase it. BY MR. GORDON: Q. Am I correct in understanding that the 5 only person you ever spoke with about the 6 Mandoyan matter who, to your understanding, was 7 employed by the board of supervisors, OIG or 8 county counsel is Ms. Ranasinghe? 9 10 MR. MILLER: MR. GORDON: Q. 02:25 I know that. I'm just making sure that out of that 13 universe of agencies the only person you 14 understood who was employed by any of them was 15 Ms. Ranasinghe. 16 17 18 19 A. 02:25 I spoke to her about it, and as I testified, I spoke to Mr. La Berge about it. Q. Well, no, but he was at the sheriff's department. 20 A. Correct. 21 Q. I'm not asking but him. 22 02:25 Well, she's only employed by county counsel. 11 12 02:24 02:25 I'm just saying externally, looking 23 outside of LASD, if I want to know whether you 24 spoke to anyone about the Mandoyan matter at 25 either board of supervisors, OIG or county 02:25 Page 202 Veritext Legal Solutions 866 299-5127 Page 206 1 counsel, that you're telling me the only person 2 you ever spoke with from any of those three 3 departments or agencies was Ms. Ranasinghe? 4 A. Correct. 5 Q. From November 26 to the present have 6 you ever communicated with anyone you understood 7 to be employed by the county board of 8 supervisors concerning Sheriff Villanueva? 9 MR. MILLER: 10 THE WITNESS: I have not spoken to anyone about Sheriff Villanueva. 12 BY MR. GORDON: 14 Q. 02:26 Yes, I'm excluding counsel in this case. 15 A. Excluding counsel. 16 Q. From November 26, 2018, to the present 17 have you communicated with anyone at OIG 18 concerning Sheriff Villanueva? 19 A. I have not. 20 Q. And from November 26 to the present 21 have you ever communicated with anyone you 22 understood to be employed by county counsel 23 other than Ms. Ranasinghe about anything 24 concerning Sheriff Villanueva? 25 02:26 And that excludes me. 11 13 02:25 A. I have not. 02:26 02:26 02:27 Page 203 Veritext Legal Solutions 866 299-5127 Page 207 1 Q. Are you aware of anyone who was in a 2 supervisory position at the sheriff's department 3 while you were who left after Sheriff Villanueva 4 won the election who -- strike that. 5 Has anyone from the sheriff's 6 department ever sought to speak with you, other 7 than in this deposition, about the Mandoyan 8 matter since you physically left the office for 9 the last time on November 30, 2018? 10 A. No. 11 Q. Has any other representative of any governmental agency or department sought to 13 interview you about the Mandoyan matter since 14 you left the sheriff's department for the last 15 time physically on November 30, 2018? 17 A. Aside from that one request from OIG, MR. GORDON: All right. Let's take a 19 quick break so I can make sure I got nothing 20 else. 21 23 02:30 no. 18 22 02:29 02:29 12 16 02:27 02:30 THE VIDEOGRAPHER: Off the record, 2:31. (Recess taken.) 24 25 Page 204 Veritext Legal Solutions 866 299-5127 Page 208 1 THE VIDEOGRAPHER: 2 We are back on the record. Okay. Time is 2:38. 02:37 3 4 5 6 EXAMINATION BY MR. MILLER: Q. Okay. Now I'm going to ask some 7 questions to follow up and clarify on some of 8 the questions you were asked about by John 9 Gordon. 10 11 First of all, Ms. Ault, are you here pursuant to a subpoena? 12 A. Yes. 13 Q. Okay. 14 And that subpoena came from whom? 15 A. From counsel for Sheriff Villanueva. 16 Q. Okay. 17 02:38 So you're not here of your own free volition voluntarily? 18 A. I am not here voluntarily. 19 Q. Okay. 20 A. I'm under subpoena. 21 Q. Yeah, got that. 22 02:38 Under subpoena by the sheriff? 23 A. Correct. 24 Q. Okay. 25 02:37 I just want to drill down and clarify some of the things that Mr. Gordon asked 02:38 Page 205 Veritext Legal Solutions 866 299-5127 Page 209 1 you about. 2 02:38 You talked about how the phone call 3 that you got from Larry Del Mese on November 26, 4 2018, was requesting -- I think you called it 5 restoration of Mandoyan, or he called it that. 6 I don't remember exactly. 7 8 You testified that that was unprecedented. 9 10 What did you mean by that? A. I mean unprecedented to the extent that 11 while cases are going through the process and by 12 the time in this particular case it was at 13 superior court, the sheriff's department's 14 position is firm in seeing it through. 15 interrupt that, to not follow the process is not 16 consistent with my knowledge of how the 17 sheriff's department operates. 18 19 Q. 02:39 Now, you've been with -- you were with the sheriff's department for 36 years; correct? A. Correct. 21 Q. Had you ever seen or experienced a 02:39 22 request like that before, like the Mandoyan 23 request before? 25 02:39 So to 20 24 02:38 MR. GORDON: Objection. Vague and ambiguous. 02:39 Page 206 Veritext Legal Solutions 866 299-5127 Page 210 1 2 3 THE WITNESS: I had not. BY MR. MILLER: Q. You talked about process; that this is 4 was an unprecedented process. 5 what you meant by that. 6 02:39 A. Can you explain 02:39 So the process for employee discipline 7 and employee's response to discipline is well 8 defined. 9 that both sides can use, and there's a very -- 10 There are processes and procedures pretty much a respect for that process. 11 02:40 So in the Mandoyan case in particular, 12 this case had not only gone through the internal 13 sheriff's department processes, but it had gone 14 to a civil service hearing officer, and there 15 was an affirmation of that decision at -- by the 16 civil service panel. 17 And so in that process the employee had 18 a right to proceed as they felt necessary. 19 is rare that at that level anybody in the 20 sheriff's department would ever choose to undo 21 that and go in a different direction, because 22 that is, in my words, a disrespect to the 23 process. 24 25 02:40 Q. It 02:40 When you say "rare," you mean this was the first time you'd ever saw it? 02:41 Page 207 Veritext Legal Solutions 866 299-5127 Page 211 1 2 3 A. This is the first time I've ever seen Q. And when you say "was a disrespect to it. 4 the process," can you explain what you meant by 5 that. 6 A. 02:41 When I say that, there are times in 7 employment actions where sometimes the sheriff's 8 department prevails and sometimes the sheriff's 9 department does not prevail. And it's not a 10 matter of exercising your right under the law or 11 in the processes, but the -- what I would call 12 or term "disrespect" comes in the 13 short-circuiting of those processes -- 14 Q. Short -- 15 A. -- which is what -- which is what I 16 17 02:41 02:41 02:41 felt happened here. Q. Short-circuiting of the regular lawful 18 practices that the sheriff follows in all other 19 cases? 20 A. Correct. 21 Q. Okay. 02:41 Now, you also testified -- when 22 Mr. Gordon was asking you questions about the 23 request from Larry Del Mese to restore or 24 reinstate Mr. Mandoyan that came to your 25 attention that he called you about on 02:41 Page 208 Veritext Legal Solutions 866 299-5127 Page 212 1 November 26 of 2018, you also said you thought 2 that was unethical. 3 Do you recall that testimony? 4 A. I do. 5 Q. Could you please explain what you 6 meant, for the record, why you thought it was 7 unethical. 8 A. 9 02:42 So the request to short-circuit the system, to engage in the restoration of a person 10 without additional facts or following the rules 11 was -- was stunning to me. 12 02:42 I was also very taken aback by the 13 insistence that this had to be done while 14 McDonnell was in office and that -- this 15 insistence that it had to be done by Friday in 16 spite of my explaining to him that Sheriff 17 Villanueva could do whatever he wanted to do on 18 Monday. 19 that type of pressure, and it made me curious as 20 to why this was so important, which is -- 21 02:41 02:42 And I didn't understand the reason for 02:42 And then the big part that just became 22 the part where it absolutely -- when I was 23 making my evaluation of whether or not I was 24 comfortable, it really crossed over brightly 25 into unethical when Larry Del Mese asked to wipe 02:43 Page 209 Veritext Legal Solutions 866 299-5127 Page 213 1 out the second discipline for this particular 2 employee that had absolutely nothing to do with 3 the matter that got him discharged. 4 smacked of trying to rewrite an employee's 5 discipline history, which just falls far outside 6 of ethical conduct. 7 Q. that Mr. Mandoyan had sustained that 9 Mr. Del Mese was trying to wipe out? 11 That MR. GORDON: Objection. Misstates the 02:43 evidence. 12 THE WITNESS: The second case, it's on 13 page AULT01. 14 Investigation No. 2392810. 15 AULT005, AULT006, AULT007 and AULT008, it sort 16 of offers a very synopsized understanding of 17 what the case was about. 18 something to do with tactics at the end of a 19 vehicle pursuit and a foot pursuit that I can 20 sense. 21 BY MR. MILLER: 22 02:43 What was that second item of discipline 8 10 02:43 Q. It's Item No. 3. It's And if you look at 02:44 And basically it had 02:44 Do you know how long ago the -- that 23 second item of discipline on Mr. Mandoyan took 24 place? 25 A. Well, I can read on page AULT008 that 02:44 Page 210 Veritext Legal Solutions 866 299-5127 Page 214 1 the incident occurred on March 20 of 2015, and 2 then the header in the black box shows that the 3 summary was done by Central Patrol on May 17 of 4 2016. 5 6 Q. So you had a second incident that A. Correct. 8 Q. And then you had the incident involving 10 the female deputy that he was -- that Mr. Mandoyan was discharged for; correct? 11 A. Correct. 12 Q. And those are the two items that Larry 13 Del Mese called you about and sent you the 14 settlement agreement that we've marked as 15 Exhibit 1, AULT1 through 4; correct? 16 A. 17 18 19 02:44 occurred around 2015; right? 7 9 02:44 02:45 02:45 Correct. MR. GORDON: Objection. Leading. BY MR. MILLER: Q. And, to your knowledge, were those the 20 only two items of discipline that had been 21 imposed on Mr. Mandoyan? 22 A. To the best of my knowledge, yes. 23 Q. Okay. 02:45 Now, you testified also that 24 Larry Del Mese had called you, I think a couple 25 years earlier in 2016, during the Mandoyan civil 02:45 Page 211 Veritext Legal Solutions 866 299-5127 Page 215 1 service proceedings? 02:45 2 A. Correct. 3 Q. And asked you to look into the conduct 4 or the performance of a Sergeant Roam? 5 A. Correct. 6 Q. Okay. 7 02:46 And you did that, and you didn't find any wrongdoing by Sergeant Roam, did you? 8 MR. GORDON: 9 THE WITNESS: 10 wrongdoing. 11 BY MR. MILLER: 12 Q. Objection. Leading. I didn't find any 02:46 Do you know whether -- do you know why 13 Larry Del Mese was calling you in 2016 about 14 Mr. Mandoyan and then he called again to 15 overturn these two discipline items in 16 November -- on November 26, 2018? 17 18 19 MR. GORDON: Objection. 02:46 Calls for speculation. THE WITNESS: In the call that I got 20 from Larry Del Mese during the civil service 21 proceedings of Mandoyan, he explained to me that 22 he knows Mr. Mandoyan from a time when they 23 worked together at -- and my recollection is it 24 was West Hollywood Station. 25 character and believes that he is a good person 02:46 That he knows his 02:47 Page 212 Veritext Legal Solutions 866 299-5127 Page 216 1 and feels that he got a raw deal. 2 BY MR. MILLER: 02:47 3 Q. Larry Del Mese told you that in 2016? 4 A. That was the lead-in to, "And here's 5 what's going on at civil service and why I'm 6 asking you to, you know, take a look at that." 7 Q. Now when you said they were together at 8 West Hollywood Sheriff's Station, do you know 9 how long ago that was? 10 A. No. 11 Q. Do you know if they had been friends 12 13 02:47 for a long time? A. I believe that there was some sort of 14 relationship that prompted Larry Del Mese to 15 call me, because they were not working together 16 at the time that Larry Del Mese made the call. 17 Q. MR. GORDON: 19 Objection. 20 strike. 21 BY MR. MILLER: Q. 02:47 So Larry Del Mese -- 18 22 02:47 Hold on. Hold on. Nonresponsive. Move to 02:47 So Larry Del Mese first called you 23 about Mr. Mandoyan in 2016 in an effort to vouch 24 for him and help him in the ongoing civil 25 service proceedings; correct? 02:48 Page 213 Veritext Legal Solutions 866 299-5127 Page 217 1 MR. GORDON: 2 THE WITNESS: 3 MR. GORDON: 4 Objection. He -- testimony -THE WITNESS: 6 MR. GORDON: Larry Del Mese -- BY MR. MILLER: Q. You have to let him talk. 9 A. I'm sorry. 10 Q. He makes his objections for the record; 12 13 02:48 then you can answer. A. I'm sorry. He paused. I thought he was done. 14 Q. No problem. 15 A. I'm good? 16 Q. Okay. 17 A. Okay. 02:48 So when I got the call, it 18 was -- the sense I got is that they had a 19 personal friendship and that he was concerned 20 about his case and was concerned that Sergeant 21 Roam was being too aggressive and forceful in 22 her case presentation. 23 Q. This was the first call in 2016? 24 A. If that was the year the case was at 25 02:48 -- calls for an opinion. 8 11 02:48 -- mischaracterizes the 5 7 Leading -- civil service, then yes. 02:48 02:48 Page 214 Veritext Legal Solutions 866 299-5127 Page 218 1 Q. I think that's right. 02:48 2 A. Correct. 3 Q. And then the second call you got was on 4 November 26, 2018, to reinstate Mr. Mandoyan and 5 overturn the older and the more recent 6 disciplinary actions -- 7 A. Yeah. 8 Q. -- right? 9 A. Yes. 10 11 12 MR. GORDON: Objection. Leading. Q. Did -- in the second call on November 26, 2018, did Larry Del Mese vouch for 14 his friend Caren Mandoyan again? 15 MR. GORDON: Objection. 02:49 Mischaracterizes the testimony. 17 THE WITNESS: He didn't -- in that 18 conversation there was no communication about 19 any relationship. 20 reinstate this person. 21 BY MR. MILLER: 22 02:49 BY MR. MILLER: 13 16 02:48 Q. Okay. It was just a request to 02:49 Did you have the first call 23 where he did vouch for his friend -- where Larry 24 Del Mese did vouch for his friend from the old 25 days at West Hollywood Station in mind when he 02:49 Page 215 Veritext Legal Solutions 866 299-5127 Page 219 1 called you in -- on November 26? 2 MR. GORDON: 3 THE WITNESS: 4 MR. GORDON: Objection -When -Objection. 5 Mischaracterizes the testimony. 6 opinion. 7 the leading testimony. 8 9 02:49 Leading -- not leading. THE WITNESS: Calls for an I'll withdraw When he called me, he initially didn't use the employee's name, and so 10 I was taking notes. 11 name, it refreshed my recollection that this was 12 the situation that he had called me about in the 13 past. 14 BY MR. MILLER: 15 Q. Okay. But when he mentioned the Was that another reason why you 16 thought it was unethical for him to be calling 17 you about his friend that he had vouched for a 18 couple of years earlier? 19 When I say "he," I mean Larry Del Mese. 20 MR. GORDON: Objection. 21 Mischaracterizes the testimony. 22 opinion. 23 02:49 THE WITNESS: Leading. 02:49 02:50 02:50 Calls for an When I realized that the 24 person that he was calling me about was someone 25 with whom I had an understanding of a personal 02:50 Page 216 Veritext Legal Solutions 866 299-5127 Page 220 1 relationship -- that Larry had a personal 2 relationship with, yes, that caused me great 3 concern. 4 BY MR. MILLER: 5 Q. Okay. You also -- I think you said 6 something about you felt the call on 7 November 26, 2018, from Larry Del Mese to you 8 about Caren Mandoyan was unethical, because you 9 mentioned something about pay-to-play. 10 What was that about? 11 A. So that also came into it. 02:50 02:50 Because as 12 the conversation unfolded and I began to realize 13 this is the same person, it prompted me to ask, 14 Why would this be the sheriff's No. 1 priority? 15 And so for my own sense of due diligence and 16 looking into the matter, I wanted to know if, in 17 fact, this person had played a significant role 18 in the sheriff's campaign. 19 02:50 02:51 And so I looked at the campaign record 20 just to see if there was any sense of the fact 21 that he had been a part of that, and I learned 22 that he was. 23 two donations made by people with very similar 24 names -- or with the exact same last name, which 25 seemed disconcerting to me. 02:51 And then I learned that there were 02:51 Page 217 Veritext Legal Solutions 866 299-5127 Page 221 1 2 Q. A total of two $1,500 donations by people by the name of Mandoyan? 3 A. Correct. 4 Q. Do you know whether those people are 5 6 related to Caren Mandoyan? A. 02:52 I don't know for a fact, but I do know 7 that they live in an area -- based on the public 8 record of donations to campaigns, they live in a 9 geographic area similar to Mr. Mandoyan. 10 MR. MILLER: Okay. Well, let's make 11 this Exhibit 3 to the deposition, Los Angeles 12 County Registrar-Recorder/County Clerk that has 13 contributions by Marine Mandoyan, same spelling, 14 and Peter Mandoyan, same spelling, to Alex 15 Villanueva, $1,500 each. 16 Sorry. 17 02:52 02:52 Here you go. (Whereupon, Exhibit 3 was 18 19 02:51 marked for identification.) BY MR. MILLER: 20 Q. Let me know when you're ready. 21 A. I'm ready. 22 Q. Okay. 02:53 Are those the donations that you 23 were just testifying about reflected on 24 Exhibit 3? 25 A. Yes. 02:53 Page 218 Veritext Legal Solutions 866 299-5127 Page 222 1 Q. Were you aware that Caren Mandoyan was 2 very actively participating in support of the 3 election of Alex Villanueva? 4 MR. GORDON: 5 THE WITNESS: Objection. I learned about his 6 involvement subsequent to the phone call from 7 Larry Del Mese on November 26. 8 BY MR. MILLER: 9 Q. Okay. was the driver for candidate Alex Villanueva, 11 drove him all over town in support of his 12 various electioneering activities to get votes? 13 MR. GORDON: 14 THE WITNESS: 16 17 18 Objection. Okay. 02:53 Leading. I did. BY MR. MILLER: Q. 02:53 Did you learn that Mr. Mandoyan 10 15 02:53 02:53 Was that something else you thought about being pay-to-play or unethical? A. As time progressed away from the first 19 phone call and more information became available 20 to me, it absolutely cemented my strong belief 21 that this was in fact unethical and that it 22 absolutely was very close to pay-to-play. 23 And the fact that this was the 24 sheriff's driver and someone -- a close 25 confidant, coupled with the insistence that it 02:54 02:54 Page 219 Veritext Legal Solutions 866 299-5127 Page 223 1 had to be done before Friday, revealed to me 2 that this action was not -- not only unethical, 3 but it was something that the Villanueva regime 4 did not want to have under their name stamp. 5 They wanted it to be done prior to them taking 6 office, and that just makes no sense to me on 7 any professional level. 8 9 Q. Okay. Mr. Mandoyan was very active in support of obtaining union support among the ALADS deputies 11 union and contributions for Sheriff Villanueva? 12 MR. GORDON: 13 ambiguous -- 14 BY MR. MILLER: 16 Q. I'm sorry. Vague and For candidate Villanueva, MR. GORDON: ambiguous. 19 20 Objection. 02:55 02:55 who later got elected sheriff. 17 18 02:54 Were you also aware that 10 15 02:54 Objection. Vague and Leading. THE WITNESS: I was not. BY MR. MILLER: 02:55 21 Q. You didn't know about that? 22 A. I did not. 23 Q. You just you knew about the driving and 24 the relationship with Larry Del Mese -- prior 25 relationship? 02:55 Page 220 Veritext Legal Solutions 866 299-5127 Page 224 1 MR. GORDON: Objection. 2 THE WITNESS: Leading. I knew about the 3 relationship with Larry Del Mese; the connection 4 as it began to develop with the sheriff; the 5 fact that they wanted to rewrite his employment 6 history; the fact that it was insistent that it 7 had to be done before Friday. 8 9 after I'd explained to Larry Del Mese that the person who would need to sign this document 11 would be someone in the patrol division where he 12 left the department from and then my name 13 appeared on the document, it absolutely smacked 14 of unethical, inappropriate, unprecedented 15 circumstances that I would not put my name to. 16 BY MR. MILLER: 18 Q. Okay. 02:56 02:56 Now, I want to ask you a slightly different question. 19 Putting aside Sheriff Villanueva and 20 Larry Del Mese and rewriting Caren Mandoyan's 21 employment history, his disciplinary history, 22 you've been employed at the sheriff's department 23 throughout a number of different sheriff's: 24 McDonnell, Baca, Scott, Block. 25 02:55 And on a personal level, moreover, 10 17 02:55 Am I missing any? 02:56 02:56 Page 221 Veritext Legal Solutions 866 299-5127 Page 225 1 2 3 4 A. Block. Baca. Scott. McDonnell. Correct. Q. Okay. You've been there for all of those sheriffs? 5 A. Yes. 6 Q. Okay. 02:57 Have any of those sheriffs, to 7 your knowledge, ever come to your attention, try 8 to just totally rewrite the employment history, 9 the disciplinary history of a deputy sheriff or 10 sheriff employee? 11 12 02:57 Did you ever see that before? A. I've never -- 13 MR. GORDON: 14 THE WITNESS: 15 before. 16 BY MR. MILLER: 17 02:56 Q. 18 Objection. Compound. I've never seen that 02:57 Let's break it down. Did you ever see Sheriff Block try to 19 rewrite the employment history, the disciplinary 20 history of any sheriff's -- any sheriff's 21 employee? 22 A. No. 23 Q. What about Sheriff Baca? 24 A. No. 25 Q. Sheriff Scott? 02:57 02:57 Page 222 Veritext Legal Solutions 866 299-5127 Page 226 1 A. No. 2 Q. Sheriff McDonnell? 3 A. No. 4 Q. First time and only time, Alex 5 02:57 Villanueva; correct? 6 A. Correct. 7 Q. Okay. 8 02:57 Let's go to September -- pardon me. 9 Let's go to November 26, 2018. We've 10 talked about that a lot. 11 lot of questions about that and so forth. 12 want to understand the message that was conveyed 13 to you and the way you took it by Larry 14 Del Mese. 15 A. Yes. 17 Q. Okay. same building? A. No. 20 Q. Where were you and where was he? 21 A. He was somewhere in the Hall of 22 Justice, which is in downtown Los Angeles, and 23 my office is in the City of Commerce. 25 02:58 Did the two of you office in the 19 24 02:58 I You got a phone call; right? 16 18 Mr. Gordon asked you a Q. Okay. 02:58 About what time of the day was it, roughly, that he called you? 02:58 Page 223 Veritext Legal Solutions 866 299-5127 Page 227 1 A. It was afternoon. 2 Q. Okay. And he called you and he opened 3 the conversation by saying, I want you to do 4 this. 5 basically, to eliminate the employment -- the 6 disciplinary employment history of Caren 7 Mandoyan; correct? 8 9 A. I want you to overturn or reinstate -02:58 I would say that the conversation opened with what I considered to be the veiled 10 threat of "I'm looking at a picture of you on an 11 org chart." 12 And, you know, that made me 13 uncomfortable, because I didn't know, Are you 14 saying you're looking at me on an old org chart, 15 or are you looking at a new org chart and I'm 16 not on it? 17 was. 18 02:59 02:59 And I didn't understand what that So the conversation opened with this 19 odd salvo that, in light of Sheriff Villanueva's 20 robust statements about how he was going to 21 clean house and get rid of all the executives 22 and his disdain for the disciplinary process, 23 made me incredibly anxious, and I felt like it 24 was a threat. 25 02:58 Q. Did you feel it was a threat that made 02:59 02:59 Page 224 Veritext Legal Solutions 866 299-5127 Page 228 1 2 you insecure about your job position? A. It made me insecure about whether or 3 not I would play a role in Villanueva's time as 4 sheriff, and it made me feel as though I either 5 did this, or my picture may not jump from one 6 org chart to another. 7 Q. Okay. other words, were you employed at the will of 9 the sheriff at that time? 11 12 A. I'm employed at the will of the seated Q. So when Sheriff -- when Alex Villanueva took office, he had full power and discretion to 14 terminate your employment at any time? A. The county code says I can be 16 terminated -- my employment can be terminated at 17 any time for any reason, without cause, without 18 justification. 19 Q. Can you think of any other reason why Larry Del Mese -- any other reason besides to 21 coerce you or threaten your job status why Larry 22 Del Mese would call you and say he's looking at 23 a org chart with your picture on it? 25 03:00 So, yes, I was in great peril. 20 24 03:00 sheriff. 13 15 03:00 Were you an at-will employee; in 8 10 03:00 MR. GORDON: Objection. 03:00 Relevance. And calls for speculation. 03:01 Page 225 Veritext Legal Solutions 866 299-5127 Page 229 1 THE WITNESS: The statement -- the 2 opening statement was odd to me, and it became 3 crystal-clear to me that it was a veiled threat 4 when someone that I considered friendly and a 5 friend wouldn't even so much as intimate that 6 "Hey, Alicia, you're good. 7 it." 8 it at any point in the conversation absolutely 9 told me that it was sort of a "I need you to do That statement and his refusal to clarify this in light of, you know, maybe your potential 11 continued employment." 12 BY MR. MILLER: Q. 03:01 Did you say to him -- in this phone 14 conversation did you say to Larry Del Mese "What 15 are you talking about Larry? 16 this"? 17 A. I don't understand 03:01 So in the conversation I said to him, 18 "Hey, we can't do this. 19 never done this. 20 telling me it could be, and I kept saying, 21 "We've never done this. 22 03:01 Don't worry about 10 13 03:01 Like, this is -- we've This can't be done." He kept 03:02 Like, are you sure?" You know, and when he brought up the 23 second case, that's when I'm like, "Absolutely 24 we've never done this. 25 consistent. Absolutely this isn't Like, we can't do that." 03:02 Page 226 Veritext Legal Solutions 866 299-5127 Page 230 1 And his assurance was, "Well, it can be 2 done, and I need you to get it done. 3 to get it done before Friday." 4 Q. I need you Now, when you're having this 5 conversation with Larry Del Mese on November 26, 6 2018, did he convey the impression to you that 7 the decision had already been made, or was he 8 asking you to evaluate the situation and make a 9 recommendation on what the decision should be? 10 11 12 13 14 15 16 MR. GORDON: Objection. Compound. 03:02 03:02 BY MR. MILLER: Q. In other words, what was the message you were getting? MR. GORDON: speculation. Objection. Calls for Calls for an opinion. THE WITNESS: 03:02 The message was not a 17 "Research this and get back to me." It was a 18 direction: I need you 19 to get it done by Friday." 20 03:02 "I need you to do this. And if I had any doubt about whether or 21 not it was a foregone conclusion that this was 22 going to happen, the moment I received the 23 settlement agreement that was already 24 pre-written made it very clear to me that this 25 was a path that was -- there was no going back. 03:03 03:03 Page 227 Veritext Legal Solutions 866 299-5127 Page 231 1 It was going to happen. 2 BY MR. MILLER: 3 Q. 4 5 6 03:03 It was the a fait accompli? MR. GORDON: Objection. Leading. BY MR. MILLER: Q. 03:03 As far as the message you were getting 7 from Larry Del Mese the week of November 26, it 8 was a fait accompli that the decision had been 9 made, and you should just carry it out and get 10 it done; is that correct? 11 MR. GORDON: Objection. 12 THE WITNESS: 03:03 Leading. That was what I took from 13 the conversation: 14 made, the employee was coming back, and it was 15 my duty or my responsibility to make sure it got 16 done by Friday no matter what I needed to do. 17 BY MR. MILLER: 18 Q. that the decision had been Do you think Larry Del Mese called you 19 with this statement about the org chart and this 20 direction to get the job done because the two of 21 you had been on a friendly basis and he thought 22 he could persuade you to sign off? 23 24 25 03:03 MR. GORDON: 03:04 Objection -- BY MR. MILLER: Q. In other words, why do you think he 03:04 Page 228 Veritext Legal Solutions 866 299-5127 Page 232 1 called you? 2 3 03:04 MR. GORDON: Objection. Calls for speculation. 4 THE WITNESS: I believe that I received 5 the phone call because of the role that I played 6 in the department over discipline. 7 that I got the call from Larry as well because 8 we have -- we had, I would say, a positive 9 rapport built on mutual respect. I believe And I felt 10 like -- knowing him in a very positive manner, I 11 felt like he -- he knew I would understand what 12 he was asking. 13 BY MR. MILLER: 14 Q. 03:04 03:04 In other words, based on your 15 relationship and the message from Mr. Del Mese, 16 your impression was that he thought you would 17 play ball with him and Alex Villanueva; correct? 18 MR. GORDON: Objection. 19 THE WITNESS: 03:04 Leading. I felt that he felt, 20 based on our prior relationship and the role I 21 played, I could accomplish what he and the 22 sheriff wanted accomplished -- 23 BY MR. MILLER: 24 Q. But -- 25 A. -- with Mr. Mandoyan. 03:05 03:05 Page 229 Veritext Legal Solutions 866 299-5127 Page 233 1 Q. But you didn't, did you? 2 A. No, I did not. 3 Q. Look at the last page. 03:05 This is a page 4 that Mr. Gordon didn't ask you about, the last 5 page of AULT4. 6 that is the first four pages of Exhibit 1 that 7 counsel marked. 8 9 It's the settlement agreement Your name is at the bottom as a signatory for the department. 10 Do you see that? 11 A. Yes. 12 Q. Had you authorized Larry Del Mese or 13 anybody else to put your name on this document 14 on page AULT4? 15 A. No. 16 Q. Do you know how your name came to be on 17 18 03:05 03:05 this document? A. I have no idea how my name came to be 19 on this document, because I was very clear with 20 Larry Del Mese that I would not be the 21 decision-maker; that there was somebody else. 22 03:05 03:06 And so when I got this document, that 23 was pretty much the moment that I decided that I 24 was going to retire, because my position was not 25 clearly understood and I felt like my good name 03:06 Page 230 Veritext Legal Solutions 866 299-5127 Page 234 1 and my good reputation was going to be used to 2 do something that was unethical, and I wouldn't 3 have that. 4 Q. 5 7 Your name has got some lines through it in green. 6 03:06 Is that your -- are those your lines -- is that your line? 8 A. Those are my lines. 9 Q. So you kind of scratched out your name; 10 right? 11 A. 03:06 I was very upset about that. So, yes, 12 that was me making my mark on that document that 13 I will have nothing to do with that. 14 Q. I don't want to go back over what 15 Mr. Gordon asked you, but he asked you about 16 Case 1 -- on the first page Case 1 and Case 2. 17 03:07 Just to clarify, what is Case 1 and 18 what is Case 2? 19 handwritten portion on the left-hand side on the 20 second -- on the bottom of the page. 21 And I'm referencing the green 03:07 Is that your handwriting? 22 A. Anything in green is my handwriting. 23 Q. Okay. 24 A. So, as I mentioned, I had gone through 25 03:06 What's that about? this settlement agreement to read what the ask 03:07 Page 231 Veritext Legal Solutions 866 299-5127 Page 235 1 was and to really take a moment aside from my 2 instinct that this was really unethical and 3 inappropriate -- was to really do my due 4 diligence and say -- to see what facts or what 5 was really being asked of the department. 6 So I went through and I made the 7 notations. 8 2383392, which is generally referred to as the 9 domestic violence case. Q. Okay. 11 A. So that first ask was to rescind the 03:08 department's discharge action. 13 Then Item No. 2 still relates to 14 Case 1, and it says, "All parties agree and 15 understand that Mandoyan's" -- and I crossed out 16 the wrong name of the system and wrote the 17 acronym -- "will state 'Unfounded.'" 18 only wanting to rescind the discipline, but they 20 had determined that the case was unfounded, 21 which means there was absolutely nothing there, 22 no evidence whatsoever to sustain any charge at 23 all. 25 03:08 So I was crystal-clear they were not 19 24 03:07 So Item No. 1 is related to case 10 12 03:07 03:08 And then Item No. 3 refers to a separate case number, which is No. 2392810, 03:08 Page 232 Veritext Legal Solutions 866 299-5127 Page 236 1 which I then looked at and determined that that 2 was a case from the past that involved Deputy 3 Mandoyan and a use-of-force circumstance, and 4 they wanted that case to just be made unfounded. 5 Q. So as far as you were concerned, the 6 directive you were getting from Larry Del Mese 7 and through Larry Del Mese from Alex Villanueva 8 was to wipe the disciplinary slate clean for 9 Caren Mandoyan; correct? 10 MR. GORDON: 11 THE WITNESS: 12 13 Objection. Leading. Q. So both of these disciplinary items 15 unfounded; correct? A. 17 19 20 03:09 Correct. MR. GORDON: Objection. Q. And the discharge would be rescinded, and he would be reinstated; correct? MR. GORDON: 22 THE WITNESS: 24 25 Leading. BY MR. MILLER: 21 23 03:09 BY MR. MILLER: would be changed from sustained or founded to 18 03:09 Yes. 14 16 03:08 Objection. Correct. 03:09 Leading. That's what it states on the document. MR. MILLER: Last time I checked, Counselor, I get to ask leading questions on 03:10 Page 233 Veritext Legal Solutions 866 299-5127 Page 237 1 cross-examination. 2 direct. 3 4 5 You don't; you were on But you make all your objections. Q. Now, in your position as -- I think you were chief of professional -- what were you 7 chief of at this time, November 26, 2018? 9 10 No problem. 6 8 03:10 A. Chief of the Professional Standards and Training Division. Q. Okay. And what was under you that you 11 supervised as -- in that capacity as chief of 12 Professional Standards and Training? 13 A. Bureau, Internal Criminal Investigations Bureau, 15 Internal Affairs Bureau, our Risk Management 16 Bureau and our Advocacy Bureau. 18 Q. 03:10 So I was responsible for the Training 14 17 03:10 03:10 And how long had you been the chief of -- 19 A. I -- 20 Q. -- of those -- of that position? 21 A. I had been chief since March of 2018. 22 Q. And before that you were commander? 23 A. Correct. 24 Q. And before that you were captain? 25 A. Correct. 03:11 03:11 Page 234 Veritext Legal Solutions 866 299-5127 Page 238 1 Q. Before that you were lieutenant? 2 A. Yes. 3 Q. And before that you were a sergeant? 4 A. Yes. 5 Q. And before that you were a deputy? 6 A. Yes. 7 Q. You go back even further. 8 9 10 11 12 13 03:11 03:11 Before you were a deputy, you were with the sheriff's department, weren't you? A. I was a civilian member, and before that I was an Explorer Scout. Q. 03:11 So yes. When did you start with the sheriff's department? At what age? 14 A. 18. 15 Q. And when did you start as an Explorer 16 Scout? 17 A. 15. 18 Q. So in one -- either as an Explorer 19 Scout or as a deputy, that's been your whole 20 life? 21 entire career? The sheriff's department has been your 22 A. It has. 23 Q. How many years? 24 A. 36 plus. 25 Q. So this decision to retire that you 03:11 03:11 03:12 Page 235 Veritext Legal Solutions 866 299-5127 Page 239 1 made the week of November 26, was this an easy 2 decision or was it a difficult decision? 3 A. It was both. It was easy because I 4 have a well-defined set of principles. 5 where I stand on issues. 6 department when we went through the federal 7 investigations where people went to federal 8 prison. 9 seen it many times. I know what unethical looks like. 11 a part of it. I've I wouldn't have Q. I'm sorry. I don't mean to upset you. Why was it hard to walk away? A. This is an organization that I've been 16 a part of since I was 15. 17 love it; I devoted my life to it. 18 walk away pretty much like a thief in the night, 19 running out the door, packing up everything, 20 trying to resolve all the loose ends was not the 21 way I saw myself leaving. 22 23 03:12 But it was hard to walk away. 14 15 03:12 And so for that sake, it was easy to make the decision. 13 I know I was part of the 10 12 03:12 Q. 03:12 I grew up in it; I And so to 03:13 In all your time -- you want to take a minute? 24 A. Can I just breathe a moment? 25 Q. Let's just breathe a moment. Take a 03:13 Page 236 Veritext Legal Solutions 866 299-5127 Page 240 1 deep breathe. 2 upset you. 3 A. [Inaudible.] 4 Q. I think it's important to bring out the 5 context -- 6 A. Okay. 7 Q. -- in which your decision was made. 8 9 I apologize. I don't mean to 03:13 In all of your time -- deputy, sergeant, lieutenant, captain, commander, 10 chief -- have you ever encountered a situation 11 where the higher-ups, the sheriff or his chief 12 of staff Larry Del Mese, had sought to wipe the 13 slate clean, exonerate a sheriff's employee of 14 prior disciplinary charges? 15 A. I have never seen anyone want to make 16 these sweeping disciplinary changes without 17 substantial facts. 18 03:13 Q. 03:13 03:13 I've not seen that. And when it was presented to you on 19 November 26, 2018, did Larry Del Mese relate any 20 substantial facts to you? 03:14 21 A. It was a want. 22 Q. In other words, it was, "Get it done"? 23 A. It was a "Get it done." It was not, 24 "How do we go through the process to make this 25 occur?" It was, "This is what I want for the 03:14 Page 237 Veritext Legal Solutions 866 299-5127 Page 241 1 sheriff" -- actually, let me be clear: 2 said, "This is the sheriff's No. 1 priority. 3 This is the No. 1 thing the sheriff wants to get 4 done." 5 Larry And there was no -- no request to 6 "What's the process? 7 It was, "This is the sheriff's No. 1 ask, and 8 you need to get it done by Friday." 9 Q. And when Larry Del Mese said, "This is the sheriff's No. 1 priority," what sheriff was 11 he referring to? MR. GORDON: 13 speculation. 14 BY MR. MILLER: 15 Q. Objection. Calls for [inaudible]. Do you know what sheriff -(The reporter requested clarification.) 17 MR. MILLER: Sorry. 18 MR. GORDON: Calls for an opinion. 20 Q. When Larry Del Mese said this was the sheriff's No. 1 priority, do you know from that 22 conversation which sheriff he was -- Larry 23 Del Mese was referring to? 25 03:15 BY MR. MILLER: 21 24 03:14 Calls for 16 19 03:14 How can we get this done?" 10 12 03:14 A. 03:15 I -MR. GORDON: Objection. Calls for 03:15 Page 238 Veritext Legal Solutions 866 299-5127 Page 242 1 speculation. 2 Calls for opinion. THE WITNESS: 03:15 I'm crystal-clear that it 3 was Sheriff Villanueva, because he said, "This 4 is Sheriff Villanueva's No. 1 request." 5 BY MR. MILLER: 6 Q. 03:15 And, by the way, was Larry Del Mese 7 part of the Sheriff -- or the Alex Villanueva 8 team by that time? 9 A. I had heard just throughout the 10 campaign that he was actively engaged in 11 supporting Sheriff Villanueva, but I didn't know 12 that for a fact until I got that call that 13 morning -- or that afternoon. 14 MR. GORDON: 15 as nonresponsive. 16 BY MR. MILLER: 17 Q. Objection. Move to strike Hearsay. 03:15 In the call on November 26, 2018, did 18 Larry Del Mese point-blank say, "I'm calling 19 because this is Sheriff Villanueva's No. 1 20 priority"? 21 22 23 03:15 03:16 In other words, did he name Villanueva? A. Yes, he absolutely said that "This is Sheriff Villanueva's No. 1 priority." 24 Q. 25 AULT2. Okay. All right. I'm looking at I see some more green writing at the top 03:16 Page 239 Veritext Legal Solutions 866 299-5127 Page 243 1 of AULT2. 2 03:16 Is that yours? 3 A. Yes. 4 Q. Now, there's one thing that Mr. Gordon 5 didn't ask you about. It says -- you circled 6 "Bonus I deputy sheriff." 7 Do you see that? 8 A. Yes. 9 Q. And then you wrote "Never" -- is that 10 "Never"? 03:16 11 A. It's "Never a B-I." 12 Q. What does that mean? 13 A. So as I was doing my due diligence to 14 take a look at the information in here because I 15 was already concerned that they were asking for 16 things that were not appropriate, I wanted to 17 understand factually what the employee status 18 was. 19 from my reading of the assignment card coupled 20 with his employment -- his employee information 21 printout, he did not leave the organization in 22 the status of a Bonus I. 23 03:16 03:16 So I pulled up his assignment card, and Q. 03:17 So they were trying to give him 24 something -- reinstate him with something that 25 he didn't even have before? 03:17 Page 240 Veritext Legal Solutions 866 299-5127 Page 244 1 MR. GORDON: Objection. 2 Calls for an opinion -- 3 BY MR. MILLER: 4 Q. MR. GORDON: 6 THE WITNESS: 7 document, yes. 8 BY MR. MILLER: 10 Q. Okay. -- speculation. Then Mr. Gordon did ask you about the medical benefits and LACERA. And you wrote, "Cannot do this." 12 Do you see that? 13 A. Yes. 14 Q. And just tell us again: 16 03:17 Because it's vague in the sense of what 17 does it mean to be made whole with medical 18 benefits. 19 broken his foot while he was separated from the 20 department? 21 And then LACERA is its own entity, and we can't 22 tell LACERA what to do or how to do it. 23 03:17 Why did you write, "Cannot do this"? A. 03:17 That's how I read the 11 15 03:17 Is that correct? 5 9 Leading. Does that involve, you know, having Would they want money for that? 03:17 So I don't even know if he left the 24 department in Plan B. That wasn't event 25 something I took the time to research, because 03:18 Page 241 Veritext Legal Solutions 866 299-5127 Page 245 1 not only can we not put that in the settlement 2 agreement; we have no authority over LACERA to 3 compel them to do anything. 4 Q. Okay. And then you did testify to 5 Mr. Gordon at some length about the double-dip 6 for the sick, vacation, holiday, and so forth. 7 I'm not going to ask you about that again. 8 9 trying -- that Mr. Del Mese and Mr. Villanueva were trying to give Caren Mandoyan, at least as 11 far as you could tell on November 26, 2018, a 12 bonus he was not entitled to, medical benefits 13 and LACERA benefits that you couldn't do, and 14 that they were trying to double-dip and 15 double-pay him for vacation, holiday and sick 16 leave? MR. GORDON: 03:18 03:18 Objection. 18 Mischaracterizes the testimony. 19 speculation. 20 03:18 Is it fair to say that they were 10 17 03:18 Calls for Calls for opinion. THE WITNESS: In my reading of the 21 document and comparing it to the assignment 22 cards and what I understand about our pay 23 systems and our payout systems, that is what it 24 appeared they were trying to do. 03:19 25 Page 242 Veritext Legal Solutions 866 299-5127 Page 246 1 BY MR. MILLER: 2 Q. 3 Exhibit 1. 4 Okay. 03:19 Let's go through the rest of You testified earlier that you did some 5 research to -- so you could better understand 6 the double-dip, the bonus that he wasn't 7 entitled to, and so forth, and you wanted to 8 better understand what was going on with respect 9 to the second incident they were trying to 10 cleanse him of. 03:19 11 Let's look at AULT5 and 6. 12 MR. GORDON: Objection. 13 Mischaracterizes the testimony and evidence. 14 BY MR. MILLER: 15 16 17 Q. Could you please tell us what AULT5, A. So AULT5, AULT6, AULT7, and I will include AULT8, are all part of the grievance 19 packet related to the second disciplinary 20 action, which is investigation 2392810. 21 Q. 22 right. 23 25 03:19 6 and 7 are? 18 24 03:19 03:20 I should have included AULT8; you're So why did you pull this up, and why did you take a look at this? A. Because I wanted to take a look at what 03:20 Page 243 Veritext Legal Solutions 866 299-5127 Page 247 1 the actual case was about, and I wanted to try 2 to quickly understand, Did he exercise his 3 rights to due process to grieve the matter? 4 What was the outcome of the grievance? 5 this matter properly recorded in our performance 6 metrics -- in our performance records management 7 system? 8 9 And was was on page 1, Item No. 3 labeled in green, Case No. 2, was this case. 11 information, it appeared that not only had the 12 discipline been imposed, but Deputy Mandoyan -- 13 or then Deputy Mandoyan had exercised his rights 14 to due process, had had his grievance hearing, 15 and that process was closed and completed, and 16 it absolutely was not pending. So as I looked at the 17 Q. Was Mr. Mandoyan's grievance denied? 18 A. If you go to page 8, AULT008, it says 19 the chief's decision was to sustain -- uphold 20 the five-day suspension. 21 repeated in AULT5, where the last paragraph 22 says, "After due consideration, the sheriff's 23 department's has denied your grievance." 25 03:20 And so I learned that that case that 10 24 03:20 Q. And that is also 03:21 03:21 03:21 And this discipline for which the grievance was denied was the discipline that 03:21 Page 244 Veritext Legal Solutions 866 299-5127 Page 248 1 Larry Del Mese -- I guess at the behest of Alex 2 Villanueva -- called you about on November 26 3 and asked you to overturn or cleanse or reverse; 4 correct? 5 MR. GORDON: Objection. 03:22 6 Mischaracterizes the document and the testimony. 7 Calls for speculation. 8 9 THE WITNESS: Calls for opinion. AULT5 through 8 definitely refers to the second case of 10 discipline that then Deputy Mandoyan had, and it 11 also is the case that Larry Del Mese as well as 12 the settlement agreement is showing or demanding 13 that will be changed from founded to unfounded. 14 BY MR. MILLER: 15 Q. Do you have any idea why Larry Del Mese 16 and Alex Villanueva were trying to change a 17 disciplinary action that had been grieved; the 18 grievance had been denied? 19 20 03:22 03:22 Do you have any knowledge of why they were doing that? 21 MR. GORDON: Compound. Calls for speculation. Calls for Leading. 23 opinion. 24 BY MR. MILLER: Q. 03:22 Objection. 22 25 03:22 Other than the obvious, trying to help 03:22 Page 245 Veritext Legal Solutions 866 299-5127 Page 249 1 their buddy, do you have any knowledge of why 2 they were doing that? 3 MR. GORDON: 4 THE WITNESS: Same objections. I can say that I have no 5 idea why. 6 professional conduct within the department, so I 7 don't -- I couldn't imagine why they would do 8 it. 9 BY MR. MILLER: And it is not consistent with our 10 Q. Did it bother you they were doing it? 11 A. It absolutely bothers me that they did 12 03:22 03:23 03:23 it -- or that they wanted to do it. 13 Q. Okay. Let's go on in this package of 14 Exhibit 1. 15 is kind of a chart called AULT9 through 11 -- 16 9 through 12. Then there's another document that 17 A. So -- 18 Q. What is this? 19 A. AULT9 through 12 is the sheriff's 20 department assignment cards, and basically these 21 assignment cards loosely follow you through the 22 organization. 23 location, but it sort of hallmarks the 24 significant movement of you as a person in the 25 organization. 03:23 03:23 It's really more of a pay 03:23 Page 246 Veritext Legal Solutions 866 299-5127 Page 250 1 Q. And this is for Caren Mandoyan? 2 A. Yes. 3 Q. And why were you studying this? 4 5 03:24 Or why did you pull this up and take a look at it? A. Because I wanted to see if he had left 6 the organization as a Bonus I. 7 document would reasonably let me know whether 8 that had or had not been the case. 9 Q. And so this And they were -- Del Mese was -- and 10 Villanueva were trying to give him a Bonus I; 11 right? 12 MR. GORDON: 13 Mischaracterizes testimony -- 14 BY MR. MILLER: 15 16 Q. 03:24 Objection. Bonus -- excuse me -- a Bonus I 03:24 benefit; correct? 17 MR. GORDON: Objection. 18 Mischaracterizes the document and the testimony. 19 Leading. 20 03:24 THE WITNESS: Based on what was 21 requested and based on the settlement agreement, 22 they were trying to restore him to a Bonus I 23 position, and my research, according to his 24 timecard, revealed that he'd never held that 25 position at the time he left the department. 03:24 03:24 Page 247 Veritext Legal Solutions 866 299-5127 Page 251 1 2 BY MR. MILLER: Q. 03:24 Can you think of why they would want to 3 restore him to a Bonus I position that he never 4 held in the first place? 5 6 MR. GORDON: Objection. Calls for speculation. 7 THE WITNESS: Assumes facts. Calls for an opinion. The only reason I could 8 imagine that that would be done is to provide 9 somebody with a pay increase and to go to the 10 front of the line from the bonus selection 11 process. 12 BY MR. MILLER: 13 Q. for being -- for Mandoyan being the driver for 15 Villanueva during the election campaign and for 16 supporting him in the election? MR. GORDON: 18 speculation. 19 BY MR. MILLER: Objection. 03:25 Calls for Calls for an opinion. 20 Q. If you know. 21 A. I don't know. 22 Q. Okay. 23 03:25 Do you know if that was a quid pro quo 14 17 03:25 That's fair. 03:25 If you don't know, you don't know. 24 Next document, AULT13. 25 a -- I don't know what this is. This looks like It's blue. 03:25 Page 248 Veritext Legal Solutions 866 299-5127 Page 252 1 Can you tell us what it is? 2 It looks like a blue, personal, job 3 4 03:25 assignment, address information. A. So AULT13 is a Employee Information 5 System printout of his -- of his last job title 6 and assignment when he left the department. 7 I printed this out to take a look and see what 8 did the employment system show as his job title 9 on the day that he left the organization. So And 10 so this was another method of verifying whether 11 or not he had been a Bonus I. 12 deputy sheriff item, and you can see that up at 14 top where it says -- under "Job Assignment" it 15 says "Item Number," and it says "2708." 16 Subsection A means he's a permanent employee, 17 Step 06 means he was at Step 6, and his job 18 title was deputy sheriff. 19 out-of-service date of 9/15 -- if I'm reading 20 that correctly -- of 2016. Q. 03:26 Does this AULT13 document, part of Exhibit 1, give any indication that Mr. Mandoyan 23 was entitled to a Bonus I benefit as set forth 24 in AULT1 through 4, the settlement agreement? A. 03:26 And then it shows his 22 25 03:26 So this shows me right here he was on a 13 21 03:25 In my reading of this document, I 03:27 Page 249 Veritext Legal Solutions 866 299-5127 Page 253 1 wouldn't believe that this employee left the 2 department as a Bonus I and would not be 3 entitled to be restored to a Bonus I. 4 5 Q. Let's look at AULT14 through AULT42. 6 7 Okay. 03:27 This is the Civil Service Commission decision; right? 8 A. Yes. 9 Q. It says on the front page, first page, 10 "For the appellant, Michael Goldfeder." 11 12 advocate for petitioner, Mr. Mandoyan; right? A. Yes. 14 Q. And then it says "For the respondent, the sheriff's department, Christine Roam." 16 A. Yes. 18 Q. And did you read this document, the 19 Civil Service Commission decision, 14 through 20 42? 03:27 A. 22 I did. MR. GORDON: 23 ambiguous. 24 BY MR. MILLER: 25 03:27 That's Sergeant Roam? 17 21 03:27 So that gentleman was the lawyer or the 13 15 03:27 Q. Objection. Vague and Could you tell us, please, why you read 03:27 Page 250 Veritext Legal Solutions 866 299-5127 Page 254 1 it. 03:27 2 3 Did you read it from cover to cover, by the way? 4 A. I did. 5 Q. Could you tell us why. 6 A. So after I got the call from Larry 7 Del Mese, my instinct was that the request was 8 unethical, and it was -- I was very, very 9 uncomfortable with it. But because I worked 10 with Larry and I respected Larry, I wanted to 11 take some time to read the outcome of the civil 12 service hearing to see if maybe there was 13 something that could tamp down my concerns; to 14 see if maybe there was some significant 15 weaknesses in the county's case against him; and 16 to sense if the civil service hearing officer 17 was sort of on the edge; if this was a close 18 call for this person. 19 03:28 03:28 03:28 And so I pulled this up just to make 20 sure I did all my due diligence and that my 21 feelings were founded. 22 the end of my reading I was very bothered by the 23 behavior, I was bothered by the strength of the 24 case, and it just -- it absolutely cemented for 25 me -- again, it just kept affirming for me what 03:28 So I read this, and at 03:29 Page 251 Veritext Legal Solutions 866 299-5127 Page 255 1 was being asked was unethical and inappropriate 2 and unprofessional. 3 Q. 4 Now, this is the domestic abuse case. This is the second case; right? 5 A. Yes. 6 Q. This is not the first case, the one 7 8 9 10 11 03:29 from, I think, 2015? A. So this case, AULT14 through 42, is in reference on AULT page 1, Items No. 1 and 2, and it's referring to Investigation 2383392. Q. 12 Got it. What in particular bothered you about what Mr. Mandoyan was found to have done, you 14 know, by virtue of this Civil Service Commission 15 decision? A. 03:30 So when you read these decisions, 17 you're looking for both sides of the situation: 18 reading what happened; reading how it happened; 19 under what circumstances; and reading the points 20 of argumentation and the strengths and 21 weaknesses across the board; and then reading 22 how the hearing officer evaluated the case that 23 was presented and where he felt there was 24 credibility or lacking in credibility. 25 03:29 Got it. 13 16 03:29 And so when I read this, it felt very 03:30 03:30 Page 252 Veritext Legal Solutions 866 299-5127 Page 256 1 much like he was a stalker. 2 was outrageous, and the actions were just beyond 3 just the typical verbal type of an argument. 4 And so in reading the case and coming to the 5 conclusion, you know, the hearing officer was 6 pretty confident and was not a close call in my 7 assessment of the case. 8 9 Q. And his behavior 03:30 And did this raise your concerns and your worries about what was going on with the 10 request from Alex Villanueva relayed through 11 Larry Del Mese? 12 A. It absolutely did. 03:31 Because by the time 13 this case got here, there were many layers of 14 approval for it. 15 with the discharge. 16 agreed with it. 17 it. 18 had an opportunity to address it at his Skelly 19 hearing, and the chief was not persuaded. 20 03:30 So his unit commander agreed His division commander 03:31 The division chief agreed with The case review panel agreed with it. He It was presented to a civil service 21 hearing officer, who sustained the discharge, 22 and then it went to a panel of the entire civil 23 service panel, and they also sustained all of 24 those processes plus their own hearing officer. 25 So I felt by that point in time, yeah, 03:31 03:31 Page 253 Veritext Legal Solutions 866 299-5127 Page 257 1 so many people had seen it, and nobody had had 2 any other outcome other than to uphold the 3 discharge. 4 Q. So from your testimony it sounds like 5 there were seven or eight levels of review of 6 the Mandoyan domestic abuse case, the -- 7 A. Yes. 8 Q. Let's be precise. 9 10 case number? A. You have to go back. This is the case number of civil service of 16276, but it's 12 Investigation No. 2383392. Q. 14 15 Got it. And at every level of review the discharge was upheld? 03:32 A. Yes. 17 Q. And then the call came in on November 26, 2018, for you to overturn it? 19 A. Yes. 20 Q. By the way, when did you decide to 21 22 03:32 Okay. 16 18 03:32 The -- where's the 11 13 03:32 03:32 retire? A. When I got the document that had my 23 name on the bottom of it. I read that, and that 24 just did not sit well with me. 25 then that I felt like I was going to be treated And I knew right 03:33 Page 254 Veritext Legal Solutions 866 299-5127 Page 258 1 like the fall guy, and I was not going to allow 2 my good name to go out like that. 3 Q. So... When you say the document that had your 4 name on it, you mean the settlement agreement, 5 AULT1 through 4? 6 A. Yes. 7 Q. Okay. 8 03:33 Mr. Gordon asked you about AULT43, the email. 9 A. Yes. 10 Q. He asked you a lot of questions about 11 it, and I don't really need to repeat it. 12 just have a couple. 13 14 Did you give AULT43 to the LA Times reporter? A. Absolutely not. 16 Q. That's Maya Lau, the one you refused to 18 A. Yes. MR. GORDON: Objection. 20 Mischaracterizes the testimony. 21 BY MR. MILLER: 23 24 25 03:33 talk to? 19 22 03:33 I 15 17 03:33 Q. Okay. 03:33 I don't have any more questions about that. Moving right along, AULT44, more green handwriting, which is yours; right? 03:33 Page 255 Veritext Legal Solutions 866 299-5127 Page 259 1 A. Yes. 2 Q. And did you prepare this document 3 03:34 during the week of November 26, 2018? 4 A. Yes. 5 Q. Why? 6 A. So this is a 3-by-5 card that I kept on 03:34 7 my desk for quick reference. 8 blur, and so at times I would be somewhere, and 9 having a 3-by-5 card with the information on it 10 was much easier than to try to carry a notebook 11 somewhere. 12 on AULT45. 13 Q. 14 So it was sort of a recap of what is Let's talk about AULT45, and we'll go AULT45, did that come from a journal A. Yes. 18 Q. Tell us about your journal: 20 03:34 that you kept in the ordinary course? 17 19 03:34 back to AULT44 if necessary. 15 16 That week was a why you kept it; what your practice was. A. So I had a practice of having a notepad 21 with me so if I got calls I could write stuff 22 down. 23 note-taking, I would use that. 24 of a way for me to make -- to refresh my 25 recollection about meetings I'd been in or 03:34 If there were meetings I was at and I was It was just sort 03:35 Page 256 Veritext Legal Solutions 866 299-5127 Page 260 1 things I needed to follow up on and a way to 2 sort of just make quick notations about either 3 what was said to me, what I heard or what I was 4 needing to do. 5 6 Q. Okay. At the top of 45 -- AULT45 it Do you see that? 8 A. Yes. 9 Q. That's the date you got the call from Larry Del Mese; right? 03:35 11 A. Yes. 12 Q. And then under the date is the name 13 "Del Mese"? 14 A. Yes. 15 Q. That's Larry; right? 16 A. Yes. 17 Q. And it says -- and I know Mr. Gordon 18 asked you about this: 19 of me and the org chart." 20 03:35 "I'm looking at a photo Were those his words? 21 A. Yes. 22 Q. And then what's under it, "Newer 23 03:35 says a date, 11/26/18. 7 10 03:35 03:36 photo"? 24 A. Yes. 25 Q. And that was the implied threat you've 03:36 Page 257 Veritext Legal Solutions 866 299-5127 Page 261 1 already testified about? 2 MR. GORDON: 3 THE WITNESS: 4 5 6 Leading. Yes. BY MR. MILLER: Q. Yeah, I don't want to -- we don't have How did you feel when you got this threat -- this implied threat? 9 MR. GORDON: 10 Objection. THE WITNESS: I was kind of confused 11 because I wasn't sure what to make of it. 12 never received a call like that before, and so I 13 was expecting him to ask for things that would 14 happen in the course of my professional work, 15 like documents or reports or charts. 16 03:36 I've 03:36 And so I started writing, and he went 17 down that road, and I was like, What? 18 then -- so I'm like, Oh, okay. 19 going to give me some insight into my future in 20 the organization. 21 refused. 22 caused me great anxiety because I felt like he 23 didn't want me to know that I wasn't going to be 24 part of the team. 25 03:36 to go over that again. 7 8 Objection. 03:36 And So maybe he's And then, you know, he 03:37 And when he refused to tell me, that And so I was -- then I felt like, 03:37 Page 258 Veritext Legal Solutions 866 299-5127 Page 262 1 Okay -- when he went on to talk about what he 2 wanted me to do, I'm like, Okay. 3 this is the threat. 4 you're going to do this, and maybe if you do 5 this, we'll bring you along in the Villanueva 6 regime. 7 threat. 8 9 Q. 03:37 So this is -- This is the ask. You know, And that's exactly how I took it: 03:37 as a Had Larry Del Mese ever threatened you before in your entire relationship? 10 A. No. 03:37 11 Q. And you also testified in response to 12 the direct examination by the opposing counsel 13 that you felt it was a test. 14 Remember that testimony? 15 A. I did. 03:37 16 Q. What do you mean by "test" -- "a test"? 17 A. I felt it was a test to learn if I was 18 going to be loyal to the wants of Sheriff 19 Villanueva and if I was going to comply with 20 what was going to be requested of me in the 21 future. 22 Q. And if not? 23 A. And if not, I'm an at-will employee 24 that needs no notice about when they can 25 terminate my -- my employment at my rank. 03:37 03:38 Page 259 Veritext Legal Solutions 866 299-5127 Page 263 1 Q. And then under your photo it has "1" 2 with a one-sided parens, "Return to work, 3 Mandoyan, Caren." 4 And what does "S/A" mean again? 5 A. "Settlement agreement." 6 Q. Okay. 03:38 And that was the settlement 7 agreement, AULT1 through 4, that's in Exhibit 1 8 that we've been talking about throughout the 9 deposition that Mr. Del Mese emailed you? 10 A. Yes. 11 Q. Okay. 12 division." 13 A. 03:38 Then it says "To chief of So that was me telling Larry that the 14 request needs to go through the division chief 15 of where the employee was assigned at the time 16 in this case the discharge took place. 17 18 Q. Okay. chief; right? A. Correct. 20 Q. And tell me again: Why was Larry 03:39 Del Mese picking on you to get this done? 22 MR. GORDON: 23 speculation. 24 BY MR. MILLER: 25 03:38 But you were not the division 19 21 03:38 Q. Objection. Calls for Calls for opinion. Based on your relationship and your 03:39 Page 260 Veritext Legal Solutions 866 299-5127 Page 264 1 communication with him, not speculation, why was 2 Larry Del Mese and Alex Villanueva looking to 3 Alicia Ault to get this done for Caren Mandoyan; 4 to bring him back and cleanse his disciplinary 5 record? 6 03:39 MR. GORDON: Objection. Calls for 7 speculation. 8 Mischaracterizes the testimony and the evidence. 9 Calls for opinion. THE WITNESS: I felt like I got the 10 call for a few reasons. 11 was the division chief over the disciplinary 12 system. 13 So, No. 1, because I put to the test. 15 know if I would comply with whatever requests 16 they may have now and in the future. 17 like it was tied to my vitality and my future 18 employment to see if I would be willing to work 19 in the manner in which they wanted to get things 20 done. 21 BY MR. MILLER: 23 24 25 03:39 No. 2, because I felt like I was being 14 22 03:39 Q. I felt like they wanted to 03:40 And I felt 03:40 Who's the right -- who would have been the right division chief to send this to? A. It should have gone to the chief of Central Patrol where West Hollywood is currently 03:40 Page 261 Veritext Legal Solutions 866 299-5127 Page 265 1 2 3 4 assigned. Q. 03:40 And why is that? Why would he be the right -- or that person be the right chief? A. Because the way the department does 5 discipline, it is the responsibility of the 6 division where the employee is assigned to 7 assess the case, to determine the level of 8 discipline, and to see it through the entire 9 process. So to ask me to do it is outside of 10 the standards that have been established going 11 all the way back to Block and probably before. 12 telling him where it needed to go, it was like, 14 No, we want you talk to do it." 15 they wanted to use my good name and reputation 16 in the discipline arena to stand on my name to 17 bring this person back. Q. And I felt like chief of the division" -- by the way, what was 20 the name of the chief of Central? 21 A. At the time it was Chief Joe Gooden. 22 Q. Joe Gooden. 23 25 03:41 And then below where you wrote, "To 19 24 03:40 It felt like -- again, in spite of 13 18 03:40 Okay. 03:41 That's right. And then below it says, "No to" -- what does that say? A. So he wanted me to contact the 03:41 Page 262 Veritext Legal Solutions 866 299-5127 Page 266 1 undersheriff, so I think I was, you know, 2 writing quickly. 3 calling the undersheriff. So it was something about 4 Q. And that's La Berge? 5 A. La Berge. 6 Q. What's his first name? 7 A. Jacques. 8 Q. Jacques La Berge? 9 03:41 I think you testified in response to 10 Mr. Gordon's questioning that you did call 11 Mr. La Berge. 12 13 03:41 03:42 And he said what? A. He said no. He said, "It's not going 14 to happen, and they can do it on Monday when 15 Sheriff Villanueva gets sworn in." 16 17 Q. But that's not what Villanueva and Del Mese wanted. 18 19 They wanted it done before the swearing-in of Villanueva; correct? 20 MR. GORDON: 21 speculation. 22 BY MR. MILLER: 23 03:42 Q. Objection. Calls for 03:42 Calls for opinion. Is that what Del Mese told you: He 24 wanted it done before -- he wanted Mandoyan 25 reinstated, and he wanted this disciplinary -- 03:42 Page 263 Veritext Legal Solutions 866 299-5127 Page 267 1 these disciplinary actions wiped out before 2 Villanueva got elected -- got sworn in? 3 me. 4 A. 5 6 Pardon He -MR. GORDON: Objection. Misstates the THE WITNESS: Larry Del Mese told me 8 that they wanted it done by Friday. 9 it done while McDonnell was in office. They wanted They did 10 not want it to be done on Monday when it would 11 have been easier, as I had suggested. 12 told emphatically, "It has to be done by 13 Friday." 14 BY MR. MILLER: 16 17 18 Q. 03:43 Friday by whom? A. By whomever in the chain of command can sign it off. Q. Who told you that? 20 A. Larry Del Mese. 21 Q. Okay. 03:43 And was that in the November 26 telephone conversation? 23 A. Yes. 24 Q. Okay. 25 03:42 And I was Told emphatically it has to be done by 19 22 03:42 testimony. 7 15 03:42 And then below the next line it says, "L/U case." 03:43 Page 264 Veritext Legal Solutions 866 299-5127 Page 268 1 What is "L/U" again? 2 A. "Look up." 3 Q. "Look up the case. 4 03:43 Get back." And then there's a line -- I think you 5 testified in response to the questioning from 6 the other attorney that below the line was what? 7 What were those items that you 8 9 mentioned below the line? A. So it was a manner of parsing out the 10 request: 11 a look at what could be done, what should be 12 done, what things I wanted to follow up on, and 13 what I felt I needed to know to communicate back 14 to Larry Del Mese. 15 taking a look at the two cases; taking MR. MILLER: Okay. I have a few more 16 questions I'd like to ask, but I'd like to take 17 a short break before we do it -- 18 THE WITNESS: 19 MR. MILLER: 20 03:43 03:44 Yes. -- if that's okay with everybody. 03:44 21 Is that okay with you, John? 22 MR. GORDON: All right. 23 MR. MILLER: Thanks. 24 THE VIDEOGRAPHER: 25 03:43 Off the record, 3:45. 03:44 Page 265 Veritext Legal Solutions 866 299-5127 Page 269 1 (Recess taken.) 2 THE VIDEOGRAPHER: 3 We are back on the record. 4 BY MR. MILLER: 5 Q. 03:44 Okay. Time is 3:51. Ms. Ault, there was some testimony you 6 gave during the direct examination about 7 speaking to county counsel. 8 9 What was the person's name again? I can't pronounce it. 10 A. Pirjo Ranasinghe. 11 Q. Okay. 03:50 Pirjo Ranasinghe. 12 In any of your conversations -- well, I 13 don't want to ask that, because that will invade 14 the privilege. 15 I'll just ask it more directly: Did 16 that individual, Pirjo Ranasinghe, or any other 17 counsel at any other -- any other county counsel 18 at any time approve of the settlement with Caren 19 Mandoyan? 20 And when I say "the settlement," I'm 21 talking about the settlement that's contemplated 22 in Exhibit 1, AULT1 through 4. 23 24 03:50 MR. GORDON: foundation. Objection. 03:51 03:51 Lack of Calls for speculation. 25 Page 266 Veritext Legal Solutions 866 299-5127 Page 270 1 2 BY MR. MILLER: Q. 03:51 To your knowledge, did county counsel 3 ever approve of the settlement between the 4 sheriff's department and Caren Mandoyan whereby 5 he was reinstated? 03:51 6 A. No. 7 Q. What about Chris Keosian: 8 Did he ever approve that settlement? 9 MR. GORDON: 10 speculation. 11 BY MR. MILLER: Objection. Calls for 03:51 12 Q. To your knowledge. 13 A. No. 14 Q. Okay. I have another question for you. 15 You've testified at some length about the 16 implied threat when Larry Del Mese called you 17 and said, "I'm looking at the org chart. 18 your picture on it." 19 03:52 I see Do you recall all that testimony? 20 A. Yes. 21 Q. And you testified you were upset by 22 03:52 that. 23 A. It bothered me a lot. 24 Q. It bothered you a lot. 25 A. Yes. 03:52 Page 267 Veritext Legal Solutions 866 299-5127 Page 271 1 Q. And my question to you is did you ever 2 send an email or file a written complaint 3 against Larry Del Mese for threatening you? 4 A. No. 5 Q. Why not? 6 A. Because once I made the decision to go, 03:52 7 I wanted to go out as a professional. 8 want to go out leveling accusations. 9 it is, and it more speaks to who I am than 10 11 I didn't It is what anything more about what happened. Q. speak to the LA Times reporter: 13 wanted to be professional and up front about it? A. MR. GORDON: 16 Objection. 20 Hold on. MR. MILLER: Q. Mischaracterizes the I'll reask the question. Is that also why you refused to speak to the LA Times reporter? 21 MR. GORDON: objection. 23 Assumes facts not in evidence. 24 BY MR. MILLER: Q. 03:53 Objection -- same 22 25 03:53 testimony. 18 19 because you I -- 15 17 03:53 And is that also why you refused to 12 14 03:52 Mischaracterizes the testimony. You can answer the question. 03:53 Page 268 Veritext Legal Solutions 866 299-5127 Page 272 1 A. I refused to speak to the LA Times 2 reporter because I have a pretty well-defined 3 set of ethical principles that I operate off of. 4 And everything I learned I learned over the 5 course of my employment about Mandoyan, and so I 6 had nothing to talk about with her. 7 03:53 I wasn't about to violate my own 8 principles for some, you know, reason of being 9 upset. My decision was made, and I don't -- I 10 didn't have anything to say about it. 11 BY MR. MILLER: 12 03:53 Q. Well, tell me this: 03:54 Why are you 13 testifying and telling your full story and 14 answering my questions and Mr. Gordon's 15 questions here today? 16 A. 17 But -- 18 Q. Subpoenaed by whom? 19 A. By Mr. Villanueva, Sheriff Villanueva. 20 Q. Okay. 21 A. And because this is in the course of my 03:54 Well, first of all, I was subpoenaed. 03:54 22 employment. This is asking in an official 23 capacity about something that happened while I 24 was officially working for the organization, and 25 it relates to the operation of the sheriff's 03:54 Page 269 Veritext Legal Solutions 866 299-5127 Page 273 1 department. 2 03:54 And so this is the forum to provide all 3 the information and answer all the questions. 4 This is more consistent with me than standing on 5 my porch telling something to a reporter. 6 not how I work. 7 8 MR. MILLER: MR. GORDON: 10 No further I have further questions. THE VIDEOGRAPHER: 3:56, off the (Brief pause in the proceedings.) 13 THE VIDEOGRAPHER: Okay. We are on the record at 3:57. 15 03:56 16 17 03:55 record. 12 14 03:54 questions at this time. 9 11 Okay. It's FURTHER EXAMINATION BY MR. GORDON: 18 Q. Is it your testimony that while you 19 were at the sheriff's department, the department 20 never settled any discipline cases once they got 21 to the superior court? 22 A. 03:56 It's my testimony that I am not aware 23 of a case being pushed through in the manner in 24 which it was -- in the manner in which this one 25 was. 03:56 Page 270 Veritext Legal Solutions 866 299-5127 Page 274 1 Q. Are you aware of discipline cases that 2 the department settled while the cases were in 3 writ petition proceedings in the superior court? 4 A. I am not aware of one, no. 5 Q. Any at all? 6 A. I'm not. 7 Q. Did you ever sign any settlement 8 03:56 agreements -- strike that. 9 Did you ever sign any settlement 10 agreement in any way case involving discipline 11 of a deputy that was in writ petition 12 proceedings in the superior court? 13 A. No. 14 Q. And what did you mean when you 15 testified that Sheriff Villanueva could do 16 whatever he wanted to do on Monday? 17 03:56 A. 03:57 03:58 What I meant by that is the sheriff -- 18 you know, the sheriff has settlement authority 19 in matters. 20 Villanueva did not have the right to impose his 21 will upon Sheriff McDonnell. 22 was that Sheriff Villanueva can take whatever 23 action he wants to when he's the seated sheriff, 24 but he can't tell Sheriff McDonnell what to do 25 while he's still the sheriff-elect. He has his own opinion. Sheriff 03:58 So my statement 03:58 Page 271 Veritext Legal Solutions 866 299-5127 Page 275 1 Q. And did you ever understand anything 2 Del Mese said to you to constitute an assertion 3 by Villanueva that he had the power to force 4 McDonnell to sign any settlement agreement? 5 A. I didn't take what Larry said to me as 6 he could force McDonnell what to do. 7 what Larry said to me as forcing me to get it 8 done, and I took that to tie into my future 9 vitality in the sheriff's department. 10 Q. Is it your testimony that the sheriff's department has, before Villanueva took office 12 December 3, 2019 -- I mean 2018, never agreed to 13 revise findings in a prior disciplinary 14 proceeding that itself was not the reason for 15 discharge? 16 A. 18 I understood everything you said until the last part. Q. Is it your testimony that the sheriff's department before Alex Villanueva took office on 20 December 3, 2018, never entered into a 21 settlement agreement that provided for revision 22 of findings in a case of discipline that wasn't 23 itself the basis for a deputy's discharge? 25 03:59 04:00 19 24 03:59 I took 11 17 03:58 A. 04:00 I don't understand what you mean by "itself a basis for" -- I don't understand that 04:00 Page 272 Veritext Legal Solutions 866 299-5127 Page 276 1 last part. 2 Q. 04:00 In Mandoyan's case was it your 3 understanding that the 2015 case involving use 4 of force was not a basis for his discharge in 5 the domestic violence disciplinary matter? 6 7 MR. MILLER: That sounds like a different question. 8 9 THE WITNESS: I don't know how to marry the two aspects of what you're talking about. 10 I'm not clear what you're asking. 11 BY MR. GORDON: 12 Q. sheriff's department or the Civil Service 14 Commission used as a basis for discharge of 15 Mandoyan his 2015 disciplinary matter? 17 18 A. that or not. Q. And what I'm asking you is are you saying that the sheriff's department, before 20 Villanueva took office, had never agreed to 21 revise a finding in a prior disciplinary 22 proceeding as a result of a settlement in a 23 later disciplinary matter? 25 04:01 Oh, I don't know if they considered 19 24 04:01 Was it your understanding that the 13 16 04:00 A. Yes. 04:01 I'm saying that I've never seen what I'll call a stale case being resurrected in 04:01 Page 273 Veritext Legal Solutions 866 299-5127 Page 277 1 2 a contemporary case and changing that finding. Q. How many disciplinary cases have 3 resulted in settlements in the sheriff's 4 department? 5 A. I couldn't even begin to speculate. 6 Q. How many disciplinary matters that have 7 resulted in settlement have you had personal 8 knowledge and visibility into? 04:02 9 A. Hundreds if not thousands. 10 Q. And what percentage of all disciplinary 11 settlements do you believe you had personal 12 visibility into the terms of? 13 A. agreements, I would say again hundreds if not 15 reaching near a thousand over my time in that 16 division. Q. Right. 04:02 There were -- were there -- 18 would you say there were thousands of other 19 disciplinary proceedings that you have 20 personally had involvement in during the course 21 of disciplinary proceedings under sheriffs back 22 to Block? 23 A. 04:02 So having read the settlement 14 17 04:01 04:02 So my knowledge base comes from my time 24 within the Professional Standards and Training 25 Division and my multiple assignments there. So 04:02 Page 274 Veritext Legal Solutions 866 299-5127 Page 278 1 over a span of my career I've seen hundreds if 2 not close to a thousand of different settlement 3 agreements over periods of time in variety of 4 iterations, both contemporary and then ones that 5 I've researched that go back. 6 one where a stale case was resurrected from the 7 past and brought into a contemporary action. 8 9 Q. I have never seen 04:03 And how many years of your 36 years have you not had access to disciplinary record 10 files? 11 A. 04:03 So I -- in varying -- it's a difficult 12 question, because in varying capacities as a 13 sergeant and lieutenant I saw them in different 14 assignments and at headquarters assignments. 15 But my hands-on, like, regular duties that 16 brought these into my work on a regular basis 17 began back in 2008, and that is where the volume 18 of my seeing these would have began the 19 consistent, regular interaction with them. 20 04:03 Q. And did you personally have knowledge 21 of every disciplinary matter that resulted in 22 actual imposition of discipline on an officer 23 since 2008? 24 A. No. 25 Q. Right. There were -- I assume there 04:03 04:04 04:04 Page 275 Veritext Legal Solutions 866 299-5127 Page 279 1 were plenty of cases where you didn't have 2 personal involvement or knowledge of the facts 3 of the disciplinary proceedings; right? 4 A. Correct. 5 Q. And as to those, do you know what the 6 result of any negotiations for a settlement 7 were? 8 9 A. different ways I would become aware of settlement agreements. 11 about the underlying discipline case, but I may 12 have come across the settlement agreement. 13 So I may not have known So it's not a linear process. sort of -- the better way to describe it is more 15 like popcorn: 16 variety of levels for a variety of reasons when 17 I'm in that -- you know, from 2008 on. Q. It kind of comes and goes on a what percentage of all discipline cases in your 20 36-year tenure at LASD you have personal 21 knowledge of the terms of any settlement? I couldn't begin to tell you. 23 would be a huge undertaking. 24 begin to estimate. 25 Q. 04:05 And do you have any way of telling me 19 A. 04:04 It's 14 22 04:04 So I would only become aware -- there's 10 18 04:04 04:05 That I couldn't even Did you tell Larry Del Mese that his 04:05 Page 276 Veritext Legal Solutions 866 299-5127 Page 280 1 comments about Mandoyan's character during his 2 call to you about the 2016 civil service 3 proceeding for Mandoyan was inappropriate? 4 A. During the conversation I told him that 5 I was very uncomfortable. 6 good." 7 him. 8 going to go well. 9 do, and I can't believe this is what you guys 10 This is outside of what we want to do." 13 BY MR. GORDON: Q. 15 I'm not asking about -MR. MILLER: I think she was -- Q. I'm asking -Hold on. 19 MR. MILLER: I think she -- just let me clarify. 04:06 21 MR. GORDON: Just let me ask my -- 22 MR. MILLER: I think she was talking -- 23 MR. GORDON: I'm taking the deposition. 24 25 04:06 BY MR. GORDON: 18 20 04:06 And that was the gist of what I said to him. 17 04:05 I said, "This isn't" -- that "This is not 12 16 I said, "This isn't I even used the term "pay-to-play" with 11 14 04:05 Let me just ask my question. Q. I asked you about your testimony 04:06 Page 277 Veritext Legal Solutions 866 299-5127 Page 281 1 concerning what Del Mese said to you during the 2 2016 Civil Service Commission proceeding in 3 which you said he commented on his own personal 4 knowledge of Mandoyan's character. 5 6 7 And so what I'm asking you is am I 04:06 correct in recalling that you testified to that? A. Yes, you did. I misunderstood. I 8 thought you were talking about the 2018 phone 9 call. So if you could go back and ask the 10 question again. 11 with that civil service phone call. 12 04:06 Q. I was confusing the phone call 04:06 With regard to what you said Del Mese 13 said to you during Mandoyan's 2016 Civil Service 14 Commission proceeding in which you said Del Mese 15 commented on his personal knowledge of 16 Mandoyan's character, did you say anything to 17 Del Mese at that time about your view of whether 18 it was appropriate for him to comment to you on 19 his personal view of Mandoyan's character? 20 A. No. 21 Q. Did you ever tell Del Mese anything you 04:07 04:07 22 thought about his commenting on Mandoyan's 23 character in his telephone call to you to 24 comment on the way that Sergeant Roam was 25 conducting herself in Mandoyan's 2016 Civil 04:07 Page 278 Veritext Legal Solutions 866 299-5127 Page 282 1 Service Commission proceeding? 2 A. No. 3 Q. Did you ever report Del Mese to anyone 4 at LASD for commenting on Mandoyan's character 5 in connection with his complaint, Del Mese's 6 complaint, about the way Sergeant Roam was 7 handling Mandoyan's Civil Service Commission 8 proceeding? 04:07 04:07 9 A. No. 10 Q. So your counsel asked you about whether 11 you could be removed for cause under a 12 sheriff's -- under any sheriff's 13 decision-making. 14 Did I understand that correctly? 15 MR. MILLER: 16 No. I asked her whether 04:08 she was at-will. 17 MR. GORDON: I'm just asking her -- I'm 18 just asking whether I -- I'm asking the 19 witness -- 20 21 04:08 MR. MILLER: I'm trying to help you. I 04:08 asked her whether she was at-will. 22 MR. GORDON: She's an intelligent 23 woman. She can tell me what she meant and 24 whether I'm misunderstanding what you [sic] 25 testified to. 04:08 Page 279 Veritext Legal Solutions 866 299-5127 Page 283 1 Q. 2 3 So I'm asking you did you testify -MR. MILLER: Okay, John. BY MR. GORDON: 4 Q. Did you testify in response to a 5 question from your counsel that the sheriff had 6 the ability to fire you at will with no cause at 7 all? 8 9 10 11 A. left the department is an at-will position, so I serve at the pleasure of the sheriff. Q. Right. 13 question is that the most the sheriff could do 14 to you without cause was demote you from chief 15 to commander. 16 19 04:09 Did I misunderstand that? A. In some aspects, yes, you did misunderstand. Q. Okay. Without cause are you saying 20 that Villanueva could have simply fired you from 21 the department if he chose? 22 04:08 But didn't -- my understanding from your testimony when I was asking you 18 04:08 The position I sat on at the time I 12 17 04:08 A. 04:09 The way that I understand the civil 23 service -- or the way I understand the county 24 code is, yes, he could have said, "Your services 25 are no longer needed," and I could have been 04:09 Page 280 Veritext Legal Solutions 866 299-5127 Page 284 1 sent away. 2 04:09 The restoration rights that I have, 3 which I think is what you're referring to, are 4 only in play if there's a position to restore me 5 to. 6 peril of losing my employment. 7 And so my understanding is, yes, I was in Q. So when you said before if you were 8 removed from your chief position and 9 repositioned to commander, it would have 10 significant implications on your retirement -- 11 did I understand that correctly? 12 A. Yes. 13 Q. -- were you saying that because you 14 thought that was the most that Alex Villanueva 15 could do to you without cause? 16 A. 04:10 04:10 That was one of many considerations 17 that I took into account as I made my decision 18 to walk away. 19 Monday he became sheriff, he could very well 20 say, you know, "Thank you, Alicia, but I'm now 21 going to make you a commander." 22 04:09 Because if I had remained and on 04:10 And if he was able to pull that off, 23 then if I chose to retire, I would lose tens of 24 thousands of dollars not only in one aspect of 25 my retirement, but I would retire at a lower 04:11 Page 281 Veritext Legal Solutions 866 299-5127 Page 285 1 salary. 2 of my life, the entire rest of my life. 3 was a big, big deem. 4 Q. And that would impact me for the rest So it How many settlement agreements, 5 approximately, do you think you signed resolving 6 disputes with sworn personnel challenging your 7 discipline? 8 9 10 A. My personal involvement? I'd estimate, 25 to 30 personally. Q. And of those, how many would you estimate were signed while disciplinary 12 proceedings had not yet reached the Civil 13 Service Commission? 14 A. They were all before that. 15 Q. So you never signed any settlement 16 agreement resolving a dispute with a sworn 17 officer after the disciplinary proceeding had 18 hit Civil Service Commission; is that what 19 you're saying? A. I'm trying to recall, because you're -- 21 it's a pretty specific question, and I don't 22 really recall that I signed any while they were 23 mid civil service hearing. 24 25 04:11 I've signed, 11 20 04:11 Q. 04:11 04:11 04:12 And did you ever sign any settlement agreement resolving a sworn officer's challenge 04:12 Page 282 Veritext Legal Solutions 866 299-5127 Page 286 1 to his discipline after the officer's Civil 2 Service Commission proceeding had concluded? 3 4 5 6 A. I can tell you no, I had not signed any settlement agreements post civil service. Q. Now, you've testified that you had a A. Yes. 8 Q. Did you consider it consistent with your well-defined set of principles when you 10 told Maya Lau, the LA Times reporter, to look 11 for emails to find what she was looking for? 12 13 MR. MILLER: snotty question. 14 15 16 Q. Objection. 04:13 That's just a Could you withdraw that. MR. GORDON: No. I'm asking: Do you think -- did you 04:13 think your -- 17 MR. MILLER: 18 question. 19 BY MR. GORDON: 20 04:12 well-defined set of principles; correct? 7 9 04:12 Q. It's just a snotty, nasty It's inappropriate. It's unbecoming. Did you think you were complying with 21 your set of principles when you told her, "Go 22 look for emails, and you can find what you're 23 looking for"? 24 A. Yes. 25 Q. Why did you think that it was -- 04:13 04:13 Page 283 Veritext Legal Solutions 866 299-5127 Page 287 1 A. Let me correct you. I did not say "and 2 you can find what you're looking for." 3 added that. 4 Q. You I did not say that to her. Have you -- do you deny that you 5 mentioned Del Mese's name during your 6 conversation with Maya Lau when she came to your 7 house? 8 A. 9 10 11 04:13 I testified that I don't have a recollection, but it's possible that his name came up. Q. 04:13 And my question is are you denying that 12 you're the one who raised his name in your 13 conversation with Maya Lau? 14 A. I don't recall how his name came up 15 even if it at all came up. 16 something if I don't have a clarity that it 17 happened? 18 Q. So how can I deny Why did you tell her to look for emails instead of just saying, "I'm sorry. 20 comment about an internal personnel matter at 21 LASD"? 22 04:13 I wouldn't -- I wouldn't deny that. 19 MR. MILLER: 23 her testimony. 24 her job. 25 04:13 Objection. I have no 04:14 That misstates She testified she told her to do MR. GORDON: You're giving a speaking 04:14 Page 284 Veritext Legal Solutions 866 299-5127 Page 288 1 objection. You can object as misstating the 2 testimony. You shouldn't be testifying to what 3 she said. 4 Q. My question to you is -- 5 MR. MILLER: 6 answered. 7 BY MR. GORDON: 8 Q. 9 10 11 14 04:14 -- why did you -- why did you -MR. MILLER: -- unnecessary. BY MR. GORDON: Q. -- why did you say anything to Maya Lau 15 beyond, "I have no comment in response to a 16 question about an internal LASD matter"? 17 A. 04:14 Because I wanted Maya Lau to leave 18 because I was frustrated by her presence. 19 expecting home healthcare givers to come so I 20 could take care of my aunt. 21 shock when she asked me my name and I told her, 22 "Yes, this is me," and she said, "Well, I'm Maya 23 Lau." 24 25 04:14 And it's also -- BY MR. GORDON: 12 13 This is also asked and My question to you is -MR. MILLER: Q. 04:14 I was And it was quite a 04:14 I couldn't believe that she had come. And so I wanted her to go because I had a very sick aunt that I needed to take care of. 04:15 Page 285 Veritext Legal Solutions 866 299-5127 Page 289 1 I was tired from hospitaling with my aunt. 2 was frustrated by her presence. 3 haven't spoken to her, she's slightly 4 persistent. 5 her to do her job: "Go file a PRA. 6 the public record. Go do whatever it is you do. 7 You're a good investigator." 8 9 I And if you And so at some point I'm telling Go look at principle that I have on any level. That's just not -- that's not violating a principle. 11 wanting someone to please leave my home so I can 12 get back to the business of my day. 14 Q. That's PRA request for emails? A. 16 a PRA. 17 for." 18 any person in oversight, in the media. 19 paper the department for PRAs on all kinds of 20 things. 21 Go look for records. 22 not giving her much of an insight into anything. 24 25 04:15 And did you suggest that she submit a 15 23 04:15 I don't think it's violating a 10 13 04:15 Q. I told her, "Go do what you do. Submit 04:15 Find whatever it is you want to look That is a basic investigative skill for They So telling Maya Lau, "Go file a PRA. 04:15 Do what you do," is really Are you saying you did a study of the factual records supporting Mandoyan's discharge? A. I said I read the civil service 04:16 Page 286 Veritext Legal Solutions 866 299-5127 Page 290 1 decision that I have included in Exhibit 1. 2 Q. Did you do anything further to study 3 the factual records supporting Mandoyan's 4 discharge? 5 A. No. Q. Did I understand you correctly to say 6 7 I read that document, and that was that the domestic violence finding in the Civil 9 Service Commission report was not a close call in your assessment of the case? 11 A. In my opinion. 12 Q. What corroboration for the domestic 13 assault allegation by Deputy Taylor in the 14 report that you read did you consider to be 15 persuasive? 16 A. Honestly, I don't have a recollection. I haven't read this document since somewhere 18 around September 26. 19 upheaval since then, and I would have to read 20 that before I would begin to answer that 21 question for you. Q. 04:16 04:16 17 22 04:16 it. 8 10 04:16 My life has been in an 04:17 Did you consider anything in the Civil 23 Service Commission report to undermine the 24 domestic violence allegation by Taylor -- Deputy 25 Taylor? 04:17 Page 287 Veritext Legal Solutions 866 299-5127 Page 291 1 A. I don't have a recollection of a 2 specific incident that would be consistent with 3 that. 4 Q. Do you remember reading in the report 5 any corroboration for the action -- for the 6 photographs that she presented showing a mark on 7 her neck? 8 A. 9 that case. And it's been quite some time, and I don't -- I'd have to go back and reread it to 11 articulate what I felt was the basis for my 12 opinion. Q. 04:17 Did you consider whether there was any 14 witness who claimed to have seen any supposed 15 assault by Mandoyan on Taylor as whether the -- 16 MR. MILLER: How about the video? 17 MR. GORDON: -- as whether the -- 18 First of all, that's an improper. 19 MR. MILLER: It's on video, John. 20 MR. GORDON: It's an improper 21 04:17 I don't recall the specifics of reading 10 13 04:17 04:17 04:18 statement. 22 MR. MILLER: It's an improper question. 23 MR. GORDON: First of all, you're 24 wrong. The video had nothing to do with the 25 assault on the neck which he claimed was -- 04:18 Page 288 Veritext Legal Solutions 866 299-5127 Page 292 1 MR. MILLER: Oh, you're right. 2 MR. GORDON: -- from a prior time. 3 MR. MILLER: The video was just a 4 04:18 breaking and entering. 5 MR. GORDON: You shouldn't be 6 testifying anyway. 7 just state your objection; I'll consider it. 8 I need to rephrase, I'll rephrase. 9 shouldn't be -- and, first of all, you were 04:18 If you got an objection, If But you 10 wrong on the facts. But, secondly, even if you 11 had been right, it's inappropriate, and you know 12 it. 13 How long have you -- 14 MR. MILLER: 15 Why don't you just ask her if she was the video? 16 MR. GORDON: 04:18 How long have you been 17 doing this, for God's sake? 18 right. 19 20 MR. MILLER: You know what's Why don't you just ask her if she saw -- 04:18 21 MR. GORDON: I don't need to -- 22 MR. MILLER: -- the video -- 23 MR. GORDON: I don't need to ask her -- 24 MR. MILLER: -- of men going and 25 04:18 breaking and entering and crawling through the 04:18 Page 289 Veritext Legal Solutions 866 299-5127 Page 293 1 bathroom window -- 04:18 2 MR. GORDON: So all of this -- 3 MR. MILLER: -- and using a crowbar -- 4 MR. GORDON: -- is inappropriate. 5 MR. MILLER: -- to get -- 6 MR. GORDON: All of this -- 7 MR. MILLER: -- to pry open the door. 8 MR. GORDON: -- is inappropriate. 9 All right? State your objection and leave it at 10 that. 11 under oath, and you're not the witness anyway. 12 Q. You shouldn't be testifying without being whether there was any corroboration in the form 14 of any witness who claims to have had personal 15 knowledge of any assault on Taylor by Mandoyan? A. have a refreshed recollection. 18 notes about what was a pro or a con or a support 19 or a detractor, and I can't answer your question 20 without sitting down, going through it, 21 rereading it and refreshing my recollection. Q. 04:18 I am going to go back to say I don't 17 22 04:18 My question to you is did you consider 13 16 04:18 I didn't make 04:19 Did you consider in deciding that it 23 was not even a close call in your assessment of 24 the case that two of Taylor's former supervisors 25 said she wasn't a credible witness? 04:19 Page 290 Veritext Legal Solutions 866 299-5127 Page 294 1 A. In order to give you an answer to that 2 question, I would have to go back and reread the 3 matter, make some notes and provide you with my 4 opinion as to what was -- 5 6 MR. MILLER: Did the two supervisors MR. GORDON: First of all, it's 8 inappropriate for you to be asking. 9 look at the report and you can see. 10 MR. MILLER: But you can I don't remember them Were they on the campaign for Alex 13 Villanueva? 14 BY MR. GORDON: Q. Did they work on it? Did you -- at the time you made the 16 notes in AULT44 and 45 or thereafter, did you 17 ever consider putting in your notes that you 18 considered Del Mese to be either threatening you 19 or testing you? 20 A. No. 21 Q. Now, you did you go back and make notes after your contemporaneous notes taken during 23 the November 26 call on page AULT45; correct? 24 That's what you said? A. I'm sorry. 04:19 04:20 22 25 04:19 testifying. 12 15 04:19 testify before the Civil Service Commission? 7 11 04:19 What notes are you -- 04:20 Page 291 Veritext Legal Solutions 866 299-5127 Page 295 1 2 Q. Am I correct in understanding your 04:20 testimony to be that on AULT45 in Exhibit 1 -- 3 A. Yes. 4 Q. -- the top half of the page was the 5 notes that you took contemporaneous with your 6 call with Del Mese -- 7 A. Yes. 8 Q. -- on the 26th? 9 A. Yes. 10 Q. And the notes below the line in the 04:20 04:20 11 middle of the page were notes that you made 12 after you had finished your phone call and went 13 back sometime later and wrote follow-up notes on 14 the bottom half of the page, AULT45; did I get 15 that right? 16 A. Yes. 17 Q. All right. 04:20 And my question is, in 18 going back to your notes on 45, did you consider 19 adding to your notes, either at the top or the 20 bottom of the page, anything about a threat or a 21 test? 22 A. 04:21 I never considered articulating the 23 threat in a note on -- in the notes on this. 24 think for me the first sentence was sufficient 25 for me to articulate how I felt and to prompt I 04:21 Page 292 Veritext Legal Solutions 866 299-5127 Page 296 1 any recollection about how I felt. 2 also think that my leaving my employment speaks 3 for itself. 4 5 MR. GORDON: 8 9 Are you interested in a stipulation regarding deposition transcripts? MR. MILLER: yeah. Whatever the Code says, 04:21 That's fine. 12 13 I don't have any Thank you. MR. GORDON: 10 11 04:21 MR. MILLER: questions. 04:21 I have no further questions. 6 7 All right. And then I MR. GORDON: So you're not interested in a stipulation? 14 MR. MILLER: What would you propose? 15 MR. GORDON: Here's what I would 16 propose. 17 to it. 04:21 You tell me whether you're agreeable 18 MR. MILLER: Okay. 19 MR. GORDON: We propose to relieve 20 the -- and this doesn't need to be on the 21 videotape, but... 22 THE VIDEOGRAPHER: 23 MR. GORDON: It's rolling. 04:21 So... We propose that -- as a 24 stipulation that the court reporter be relieved 25 of her duties under the Code. 04:22 Page 293 Veritext Legal Solutions 866 299-5127 Page 297 1 The court reporter will send the 2 original transcript and exhibits to counsel for 3 the witness, you Mr. Miller, with a copy to 4 counsel for us, the deposing party. 5 The witness will have 30 days to review 6 the transcript, to make any corrections, and 7 that 30-day period will begin to run from the 8 day plaintiffs -- you receive the transcript and 9 exhibits. 10 You or the witness will have 30 days 11 from that date to submit to us, defense counsel, 12 any corrections and the original transcript 13 signed under penalty of perjury by the witness 14 and shall at the same time return the original 15 exhibits, or if you choose to keep the original 16 transcript, to provide us a copy, which, if for 17 some reason the original of the transcript is 18 not corrected and/or signed and returned within 19 30 days, the transcript be shall be deemed 20 signed, and a certified copy of the transcript 21 shall be used as if it were the original 22 version. 23 04:22 04:22 04:22 04:22 04:23 We will maintain custody of the 24 original transcript and exhibits if they are 25 returned by counsel for the witness, and we will 04:23 Page 294 Veritext Legal Solutions 866 299-5127 Page 298 1 lodge them in connection with any hearings as 2 they may be necessary at least two days prior to 3 the hearing upon request by you, and we will 4 lodge the original transcript with the court at 5 the time of any trial without the need for any 6 further request by the witness's counsel. 7 exhibits are unavailable for any reason, a 9 certified copy in lieu of an original may be 11 used for all purposes. MR. MILLER: 04:23 I don't know. 12 think about it. 13 right now, and let me think about it. Let me Let's just go with the Code 14 MR. GORDON: 15 MS. SANCHIRICO: 16 MR. MILLER: 17 All right. We'd like one copy. expedited ASAP. How fast can you get it to us? 19 THE REPORTER: 20 MR. MILLER: 22 23 04:23 We want a copy right away, 18 21 04:23 And if the original transcript and 8 10 04:23 make you work. Tomorrow? Tomorrow's fine. Sorry to 04:23 We want it right away. And we want a copy. We'll get the original, and we'll buy a copy. 24 THE VIDEOGRAPHER: 25 All right. Okay? This concludes the video of 04:24 Page 295 Veritext Legal Solutions 866 299-5127 Page 299 1 today's testimony given by Alicia Ault. 2 total number of media units was eight and will 3 be retained by Veritext Legal Solutions. 4 off the record at 4:25. 5 The 04:24 We are Thank you. (Whereupon, at 4:25 p.m. the 6 deposition of ALICIA AULT was 7 adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 296 Veritext Legal Solutions 866 299-5127 Page 300 1 STATE OF CALIFORNIA ) 2 COUNTY OF LOS ANGELES ) SS. 3 4 5 I, ALICIA AULT, hereby certify under 6 penalty of perjury under the laws of the State of 7 California that the foregoing is true and correct. 8 9 10 Executed this ________ day of ____________________, 2019, at __________________________, California. 11 12 13 14 ____________________________ ALICIA AULT 15 16 17 18 19 20 21 22 23 24 25 Page 297 Veritext Legal Solutions 866 299-5127 Page 301 1 STATE OF CALIFORNIA ) 2 COUNTY OF LOS ANGELES ) SS. 3 4 5 I, AUDRA E. CRAMER, CSR No. 9901, in and for the State of California, do hereby certify: 6 That, prior to being examined, the witness named 7 in the foregoing deposition was by me duly sworn to 8 testify the truth, the whole truth and nothing but the 9 truth; 10 That said deposition was taken down by me in 11 shorthand at the time and place therein named, and 12 thereafter reduced to typewriting under my direction, 13 and the same is a true, correct and complete transcript 14 of said proceedings; 15 16 17 I further certify that I am not interested in the event of the action. Witness my hand this May 24, 2019 18 19 20 21 22 <%9379,Signature%> 23 Certified Shorthand 24 Reporter for the 25 State of California Page 298 Veritext Legal Solutions 866 299-5127 Page 302 INSTRUCTIONS FOR READING/CORRECTING YOUR DEPOSITION To assist you in making corrections to your deposition testimony, please follow the directions below. If additional pages are necessary, please thrnish them and attach the pages to the back of the errata sheet. This is the final version of your deposition transcript. Please read it carefully. If you find any errors or changes you wish to make, insert the corrections on the errata sheet beside the page and line numbers. If you are in possession of the original transcript, do NOT make any changes directly on the transcript. Do NOT change any of the questions. After completing your review, please sign the last page of the errata sheet, above the designated “Signature” line. ERRATA SHEET Page Line Change: - Reason: Change: Reason: Change: Reason: Change: Reason: Page 303 Page Line Change: Reason: Change: __________________________________________ __________________________________________ __________________________________ Reason: _______________________________________ Change: __________________________________________ Reason: _____________________________________ Change: __________________________________________ Reason: _______________________________________ Change: Reason: __________________________________ _______________________________________ Change: __________________________________________ Reason: _______________________________________ Change: __________________________________________ Reason: _____________________________________________ Change: __________________________________ Subject to the above changes, I certify that the transcript is true and correct. No changes have been made. I certify that the transcript is true and correct. Signature Date Page 304 [& - 26] 10 1:9 2:9 100 13:15 28:13 & 3:10 163:20 0 1000 3:5 00001 8:12 10:16 62:5 05 175:12 10th 3:11 6:25 06 249:17 11 246:15 11/26/18 171:15 1 257:6 1 1:9,25 2:9 4:10 119 4:12 6:15 33:23 40:21 41:9,12,17,22 42:9 11:01 94:17 11:36 117:5 42:21 43:18 48:7 12 25:14 26:5 48:17 68:21 246:16,19 111:18 112:19 12:07 139:2,3 119:16,25 120:3 121:25 122:11,12 13 4:23,25 121:4 141:5 124:23 125:11,19 125:20 126:15,17 14 106:4 250:19 140 4:4 127:10,15 128:7 15 235:17 236:16 128:23 129:4,8,9 16 4:20,21 106:4 132:2 133:16,25 16276 254:11 140:19,21 145:8 145:11,23 146:12 17 211:3 18 165:25,25 146:16 147:10 235:14 148:8 150:8 164:20 165:5,8,21 184 5:3 1984 24:21 173:16 197:14 1997 25:3 199:6,23 201:18 1999 3:5 211:15 217:14 19stcp00630 1:5 230:6 231:16,16 2:5 6:24 231:17 232:7,14 1:10 140:1,5 238:2,3,7,10,21 2 239:4,19,23 243:3 244:9 246:14 2 4:12 30:25 31:5 249:22 252:9,9 31:7 35:14,21,22 260:1,7 261:10 42:21 71:25 266:22 287:1 113:16,24 114:22 292:2 119:5,10,23 1,500 111:18 218:1 120:12,12 121:25 218:15 122:12,12 123:6 127:12 130:21 & 131:9 145:24 146:12 231:16,18 232:13 244:10 252:9 261:13 2.docx 128:2 2.docx. 129:14 20 211:1 2000 25:7,15 2008 26:5 275:17 275:23 276:17 2012 25:15,21 26:6 26:7,24 27:2 28:24 2014 26:24 27:2,18 27:22 28:6,15,21 29:1,4 72:13,20 106:11 135:8 2015 211:1,6 252:7 273:3,15 2016 28:16,18,21 29:4 106:11,12 211:4,25 212:13 213:3,23 214:23 249:20 277:2 278:2,13,25 2018 28:19 29:2,5 29:8 30:18,22 34:16 43:23 54:7 72:13,21 88:23 91:12 92:4,19 93:14 95:19 96:6 96:10,15 97:14 108:2 111:19 127:16 131:14 137:13 146:1,7 147:18 148:12 160:1 171:20 176:22 195:13,19 196:2,10,12 197:18,23,24 198:4,24 199:14 200:3,9 203:16 204:9,15 206:4 209:1 212:16 215:4,13 217:7 223:9 227:6 234:7 234:21 237:19 239:17 242:11 254:18 256:3 272:12,20 278:8 2019 1:15 2:16 6:2 6:6 30:24,25 31:7 71:25 113:24 114:22 115:9 116:3 119:18 131:9 165:6 272:12 297:9 298:17 205 4:5 21 4:21 82:9 85:2 213 3:12 218 4:15 22 4:20 5:3 23 1:15 2:16 6:2,6 2383392 165:19 175:6 232:8 252:10 254:12 2392810 166:22 210:14 232:25 243:20 24 4:22 298:17 25 282:9 26 31:12 32:15 33:11 34:15,22 36:2 37:5,9 40:6 40:15 42:7,10,13 42:14 43:23 44:15 44:25 45:14,17,24 46:4,7 50:13,17,23 50:25 53:11,15 55:1,21 56:23 58:13,24 62:12 Page 1 Veritext Legal Solutions 866 299-5127 Page 305 [26 - access] 63:21 67:17 69:14 70:5,7,9 71:17 103:3 107:25 108:4,7,24 127:21 129:11,19 130:1 130:18 131:17 132:3,15 133:4 134:25 137:8 145:1,21 146:1,7 151:9 157:13 158:4,7,16 159:20 160:1 164:1 171:20 176:11,21 181:5 182:9 190:15 195:13 196:2,10,18 197:24 198:4,24 199:14 200:3,9 203:5,16,20 206:3 209:1 212:16 215:4,13 216:1 217:7 219:7 223:9 227:5 228:7 234:7 236:1 237:19 239:17 242:11 245:2 254:18 256:3 264:21 287:18 291:23 26th 35:16 36:18 133:10 171:8 200:18 292:8 27 40:10 68:6,25 69:4,9 103:7,11 270 4:5 2708 249:15 28th 171:9 298 1:25 2:00 34:20 2:30 34:20 2:31 204:22 2:38 205:1 2:56 127:22 3 3 4:15,22 42:22 47:16 120:2,13 121:4,25 122:9,12 122:12 138:18 210:13 218:11,17 218:24 232:24 244:9 256:6,9 272:12,20 30 119:17 127:16 128:1,5,13 129:2 129:18 130:1,16 130:23 131:14 132:14,23 133:3,8 137:6,13 159:5,9 159:18,20 160:1 164:1 176:22,25 182:9 187:25 188:7 191:23 193:15 195:14,19 196:12 197:18,23 204:9,15 282:9 294:5,7,10,19 30th 133:11 310 3:6 3382217 1:24 36 116:4 180:11,14 180:18 206:19 235:24 275:8 276:20 3:45 265:25 3:51 266:2 3:56 270:10 3:57 270:14 4 4 4:10 35:14,22 42:22 43:18 122:8 129:4,8,16 130:12 130:15,22 131:6 131:12,21 132:1,3 133:17,25 169:24 171:13 211:15 249:24 255:5 260:7 266:22 401 199:5 41 4:10 42 113:20 121:7 124:11,16 126:9 126:15 127:10 140:15 145:11,23 146:3,12,16 148:8 149:6 250:20 252:8 43 43:19 443-3000 3:12 45 4:10 8:12 18:6 41:15 42:19 43:15 257:5 291:16 292:18 4:25 296:4,5 5 5 4:24 113:19,22 141:12 256:6,9 552-4400 3:6 6 6 243:11,16 249:17 7 7 243:16 8 8 244:18 245:8 8/27 165:25 81 4:23 82 4:24 83 4:25 865 2:16 3:11 6:25 9 9 4:4 246:16 9/15 249:19 9/7 165:24 90017 3:11 90067 3:6 9379 298:22 9901 1:23 2:18 298:4 9:03 2:15 6:2,5 9:20 23:23 9:28 23:25 a a.m. 2:15 6:2,5 aback 209:12 abide 11:1 17:5 abiding 17:3 ability 75:7 86:2 86:14 94:3,4 280:6 able 84:13 128:14 184:10 281:22 absence 170:19 178:3 absolutely 10:16 38:14,17 39:10 49:21 50:4 93:5 126:12 164:7 176:23 186:17 209:22 210:2 219:20,22 221:13 226:8,23,24 232:21 239:22 244:16 246:11 251:24 253:12 255:15 abuse 252:3 254:6 accept 144:14 access 125:2 275:9 Page 2 Veritext Legal Solutions 866 299-5127 Page 306 [accompli - amend] accompli 228:3,8 accomplish 114:13 136:22 229:21 accomplished 33:25 229:22 account 281:17 accruing 180:12 180:17 accurate 131:19 accusation 111:7 111:21,25 accusations 268:8 achieve 136:2,10 136:15 acknowledgement 107:19 acknowledgment 107:21 acquired 153:6 acronym 232:17 act 189:5 acting 105:13 action 7:7 85:4 102:18 115:23 220:2 232:12 243:20 245:17 271:23 275:7 288:5 298:16 actions 208:7 215:6 253:2 264:1 active 165:1 220:9 actively 124:25 219:2 239:10 activities 219:12 actual 244:1 275:22 added 284:3 adding 292:19 additional 209:10 address 249:3 253:18 adjourned 139:5 296:7 administer 7:6 administration 48:11,25 72:20 73:6 74:9 77:8,22 81:4 83:14 85:22 87:11 138:14,18 154:6,13 162:15 173:3 administrative 9:24 10:1 29:19 30:8 153:24 admissible 112:14 adverse 116:15 advice 17:9 55:7 69:13,18,19,21,24 70:5,10 adviser 53:21,25 advocacy 54:2,6 54:20,21 55:5 234:16 advocate 104:1,16 104:18 250:12 affairs 25:25 26:3 26:9,16,22 27:2,3 28:2,4,10,13 29:23 30:2 85:21 86:9 87:10,13,18 88:1,3 152:17,24 153:6 234:15 affiliations 7:10 affirmation 81:15 207:15 affirmatively 128:16 affirming 251:25 afield 78:9 afraid 38:11 153:1 afternoon 224:1 239:13 age 180:24 235:13 agencies 201:17 202:13 203:3 agency 204:12 aggressive 104:13 156:19 214:21 ago 20:1,1 120:9 210:22 213:9 agree 6:14 47:20 49:20 75:17 89:5 89:23 91:5 143:20 232:14 agreeable 293:16 agreed 36:11 145:5 163:6 253:14,16,16,17 272:12 273:20 agreement 4:11 16:23 34:5 43:1,6 43:14 44:4,12 45:11 128:6 133:2 133:18 138:23 140:23 141:5,8 144:10,11,15,16 144:20 145:3,5,5 173:23 174:5 175:23 197:2,13 199:4,5,21,22 201:6,18 211:14 227:23 230:5 231:25 242:2 245:12 247:21 249:24 255:4 260:5,7 271:10 272:4,21 276:12 282:16,25 agreements 85:23 86:7 178:8 271:8 274:14 275:3 276:10 282:4 283:4 ahead 24:1 78:20 80:10 95:25 160:12 185:9 al 6:22 alads 220:10 albeit 104:13 159:12 alex 1:7 2:7 4:12 6:21 7:14 35:9,20 36:8 62:13,17,21 63:4 111:18 119:6 138:13 218:14 219:3,10 223:4 225:12 229:17 233:7 239:7 245:1 245:16 253:10 261:2 272:19 281:14 291:12 alicia 1:14 2:14 4:2 6:16 8:4 43:23 119:8 139:4 140:2 226:6 261:3 281:20 296:1,6 297:5,14 allegation 154:21 287:13,24 allegations 153:7 154:1 allow 90:2 255:1 allowed 18:21 allowing 90:11 alt4 201:18 altered 109:3 amber 152:9 ambiguous 20:7 20:21 56:3 75:13 141:24 182:3 202:1 206:25 220:13,18 250:23 amend 26:2 Page 3 Veritext Legal Solutions 866 299-5127 Page 307 [amendment - asking] amendment 89:2 american 89:7 91:16 93:1 amount 29:17 181:13 angeles 1:2,4,7,8 1:16 2:2,4,7,8,17 3:6,11 4:13,15 6:1 6:21,23 7:1,16 8:23 9:2 53:25 119:7 150:17 166:2 183:18 218:11 223:22 297:2 298:2 angst 39:3 announcement 62:25 answer 4:18 11:1 11:2,14 12:4,10,13 12:19 13:4,14,16 13:17,19 16:20 17:1,5 21:1,22 23:19 24:7 31:25 32:2 33:17 48:13 48:16 52:18 58:5 59:24 69:17,19 73:7 75:16 76:4,8 78:8,20 80:11 81:7 82:21 83:10 84:6,17 88:9,25 89:3 90:2 91:1,1 92:17,18,21,23 93:3,6,12,21 94:1 95:7 96:2 97:5 100:25 112:17 117:14 122:15 124:7 125:4 147:24 160:11,15 170:12 173:12 181:8 182:17 183:8,9,11 185:9 198:8,12,21 214:11 268:25 270:3 287:20 290:19 291:1 answered 59:23 92:12 93:7 94:2 145:14 171:11 181:7,25 183:6 285:6 answering 11:23 11:24 12:17 88:10 269:14 anxiety 258:22 anxious 224:23 anybody 46:23 151:17 159:21 207:19 230:13 anymore 100:20 anytime 192:25 anyway 289:6 290:11 apologize 237:1 apparently 129:2 appeal 49:10 appear 89:21 108:9,14 appearance 7:12 appearances 3:1 7:10 appeared 195:24 196:11 221:13 242:24 244:11 appearing 37:8 appellant 250:10 apply 77:1 appoint 141:20 appreciate 23:13 78:10 190:11 192:24 appreciated 158:11 appropriate 83:11 85:13 102:13,17 159:14 240:16 278:18 appropriately 103:1,13,17,21 appropriateness 58:22 approval 47:3,4 49:9 60:6 61:21 78:14 79:18 80:19 81:3,19 82:7 83:16 86:23 253:14 approvals 60:20 approve 266:18 267:3,8 approved 165:7 approver 29:18 approving 86:2 approximate 13:4 25:1 approximately 10:22 13:2,6 18:3 18:7 24:16 27:22 30:18 34:15 282:5 approximation 12:25 13:10 area 218:7,9 areas 55:16 arena 100:14 262:16 argue 89:12 arguing 92:2,5 argument 253:3 argumentation 252:20 argumentative 92:6,7 arose 86:16 184:1 184:18 185:12,16 arrangement 163:6 arrow 176:9 177:4 article 132:6 183:15,18 185:25 191:24 192:7,7,17 193:16 articulate 178:22 288:11 292:25 articulating 292:22 asap 295:17 aside 30:1 53:4 127:5 204:16 221:19 232:1 asked 13:1,25 31:16 32:3,14,17 32:24 33:9 36:24 37:11,13,17 46:9 46:16,18 47:8 48:4 49:4,9 59:22 64:13 66:13 68:14 91:21 98:14 101:24 118:2 124:4,10 145:13 157:23 160:6 162:11 173:11 177:11 181:6,25 183:5 186:19 187:4,15 188:21 190:21 198:10,19 198:20 201:12,13 201:14 205:8,25 209:25 212:3 223:10 231:15,15 232:5 245:3 252:1 255:7,10 257:18 277:25 279:10,15 279:21 285:5,21 asking 10:24 11:25 23:3,12,14 Page 4 Veritext Legal Solutions 866 299-5127 Page 308 [asking - ault14] 35:11 40:12 41:1 45:10 46:1 56:2 59:18 60:2,3 65:20 68:8 74:17 75:21 76:9 78:24 82:3,5 83:25 85:15 90:1,22,23 92:13,14,16 93:13 94:10,25 95:5 108:5 122:11 123:13 124:24 126:8 138:3 141:1 143:14 148:14 149:20 150:21 161:8 162:22 173:13 179:3 181:24 189:25 191:16 193:19 202:21 208:22 213:6 227:8 229:12 240:15 269:22 273:10,18 277:14,17 278:5 279:17,18,18 280:1,12 283:15 291:8 aspect 151:13 281:24 aspects 29:18 142:18 158:14 273:9 280:17 assault 152:21 287:13 288:15,25 290:15 assert 16:24 21:8 110:25 asserted 53:19 assertion 272:2 assertions 137:2 assess 19:8 262:7 assessment 253:7 287:10 290:23 assigned 54:2,15 54:20,21,22,25 55:3,5,7,14,15 159:11 174:8 260:15 262:1,6 assignee 55:11 assignment 240:18 240:19 242:21 246:20,21 249:3,6 249:14 assignments 30:1 274:25 275:14,14 assist 29:20 assistant 47:3 79:11 86:20 158:10 associated 43:9 175:25 201:16 assume 24:17 82:16 120:20 173:17 275:25 assumed 12:5 assumes 185:7 248:5 268:23 assuming 14:9 71:20 172:4,6 174:19,25 assurance 227:1 assured 104:7 ate 149:25 attached 43:8,9,11 43:15,19,20 119:22,24 127:11 128:4,12 129:8 130:2 131:13,16 133:2,4,7 145:11 attachment 120:2 120:13 121:4 122:9 128:1,15 129:1,19 130:19 130:24 131:21,22 133:11,12 attachments 130:2 attempt 125:5 126:3 138:5 attention 63:18 208:25 222:7 attest 128:16 attorney 11:6 12:12 14:24 16:16 16:25 20:4,17 24:6 51:20 52:6 52:14,16,21,23 53:2,6,9,14 54:2 54:20,22 55:20 56:10 57:25 58:11 75:18 82:25 83:5 83:8 84:1 97:3 104:10,15 107:10 136:2,10,22 144:11 145:4 178:15 179:6 197:10,19 265:6 attorneys 15:2,19 17:15 22:4,12,17 22:19,23 23:16 54:5 55:7,10,13 71:15 136:1,9,20 140:25 audibly 11:14 audio 6:12,12 152:10,14 audra 1:23 2:17 7:4 298:4 ault 1:14 2:14 4:2 6:16 7:20,22 8:4 8:12 9:17 43:23 119:9 128:12 132:2 133:16,25 139:4 140:2 157:14 205:10 252:9 261:3 266:5 296:1,6 297:5,14 ault00001 40:22 42:3 ault0004 43:2 ault00043 43:21 ault00045 40:22 42:3 ault001 43:2 128:7 128:10 ault004 128:7 ault005 210:15 ault006 210:15 ault007 210:15 ault008 210:15,25 244:18 ault01 165:20 197:13 210:13 ault04 197:14 199:6 ault042 114:21 ault05 112:20 113:1,25 114:21 ault1 41:15 42:16 43:6,15 44:4,12 126:19 128:22 129:15 130:3,12 130:14,22 131:6 131:12,20 132:1 140:20 145:9 147:10 169:24 171:12 199:5,23 201:18 211:15 249:24 255:5 260:7 266:22 ault13 248:24 249:4,21 ault14 157:15 250:4 252:8 Page 5 Veritext Legal Solutions 866 299-5127 Page 309 [ault2 - bell] ault2 141:11 239:25 240:1 ault4 43:6,15 44:4 44:12 128:10,22 130:4 199:23 230:5,14 ault42 112:20 113:1,15,25 115:6 157:15 250:5 ault43 126:21 127:5,14 128:5 131:23 132:4,10 137:13 164:20 183:15 188:8 192:16 255:8,13 ault44 116:25 165:8,17 171:4 175:20 179:19 255:24 256:14 291:16 ault45 42:16 116:25 126:19 145:9 147:11 171:15 176:12 178:17,18 179:15 256:12,13,15 257:5 291:23 292:2,14 ault5 113:17,18 115:6 243:11,15 243:17 244:21 245:8 ault6 113:14 243:17 ault7 243:17 ault8 243:18,21 ault9 246:15,19 aunt 97:11 99:3,5 99:6,9,20 100:15 184:12,20 188:11 189:1 190:18 195:4 285:20,25 286:1 authority 8:15 46:11 79:4 85:5 142:5 242:2 271:18 authorization 114:7 authorized 7:5 230:12 automatic 144:4,8 automatically 130:24 available 219:19 avenue 3:5 aware 84:20 105:4 140:9 147:14 148:4,7,20 150:20 151:16 152:10,18 154:16,18 204:1 219:1 220:8 270:22 271:1,4 276:8,9 b b 4:8 50:9 240:11 241:24 baca 221:24 222:1 222:23 back 28:23 29:3 31:25 32:19 34:4 48:14 62:8 66:25 72:23 77:9 87:19 94:20 97:16,17 101:4,6,8,22 107:20 108:2 109:10 112:19 117:8,12 124:7 127:25 131:23 133:11 135:8 136:7 138:24 140:5,19 141:14 142:17 143:16,21 143:23 144:2,4,22 164:20 165:20 168:13,14,17 170:8,9,9,14,14,18 171:1 175:7,7,17 176:16 177:10 178:2 184:7,9 186:23 198:8 199:9 205:2 227:17,25 228:14 231:14 235:7 254:10 256:14 261:4 262:11,17 265:3,13 266:3 274:21 275:5,17 278:9 286:12 288:10 290:16 291:2,21 292:13 292:18 bad 90:8 ball 229:17 barondess 3:4 base 274:23 based 35:18 63:14 79:5,7 104:4 109:4 111:2 112:1 112:7 140:16 168:4 171:12 218:7 229:14,20 247:20,21 260:25 basic 79:12 286:17 basically 38:9 120:15 210:17 224:5 246:20 basing 21:14 111:22 177:16 basis 82:15 83:3,9 91:3 102:17,21 105:10 112:15 148:15 180:13,17 228:21 272:23,25 273:4,14 275:16 288:11 bates 8:12 145:9 bathroom 290:1 beating 192:22 began 217:12 221:4 275:17,18 beginning 4:10 18:18 40:24 41:16 115:8 116:3 behalf 2:14 behavior 104:23 109:14 251:23 253:1 behest 245:1 belief 164:13 219:20 believe 13:14,15 13:17,19 15:9 31:5 34:24 35:23 36:4 39:11 43:3 43:17 53:20 60:5 63:11 64:2 65:7 65:21 70:1 85:14 105:11,20 108:17 114:6 116:12 124:23 127:9 128:8 129:7 137:17,21 168:3 182:17 196:21 213:13 229:4,6 250:1 274:11 277:9 285:23 believed 22:24 39:6 111:12 177:19 believes 212:25 believing 108:23 bell 162:25 164:9 Page 6 Veritext Legal Solutions 866 299-5127 Page 310 [benedict - call] benedict 174:13 benefit 115:13 143:15 174:18,19 175:1 247:16 249:23 benefits 141:23 180:13,16 241:10 241:18 242:12,13 berge 49:11 50:3,8 51:2 56:25 57:7 57:19,20 58:10,21 59:5 70:2,12 202:17 263:4,5,8 263:11 best 12:4 14:14 33:8 50:20,24 51:10 67:18 70:19 70:21 71:2 72:11 94:3,4,4 95:12 97:23,25 117:22 119:3 127:4 161:4 211:22 better 94:23 243:5 243:8 276:14 beyond 84:3 134:18 188:6 253:2 285:15 bias 88:21 90:20 big 27:16,16 76:21 110:3 118:6,6 209:21 282:3,3 binder 172:1 bit 94:12 black 211:2 blank 184:18 239:18 block 221:24 222:1,18 262:11 274:22 blue 248:25 249:2 blur 256:8 board 198:6 199:2 199:17 200:6,7,12 200:23,25 201:14 201:22 202:7,25 203:7 252:21 boilerplate 141:9 bold 141:14 bonus 141:16,18 240:6,22 242:12 243:6 247:6,10,15 247:15,22 248:3 248:10 249:11,23 250:2,3 booth 91:18 booths 90:15 boss 56:24 bother 192:13 246:10 bothered 251:22 251:23 252:12 267:23,24 bothers 246:11 bottom 43:21,21 44:1 176:9 178:18 179:4 230:8 231:20 254:23 292:14,20 boundary 187:7 box 116:7 176:1,1 179:8 211:2 boxes 146:22 181:1,10,18 brain 170:13 breach 186:10 break 12:9,11 61:25 75:14 94:12 117:3,3 135:20 200:1 204:19 222:17 265:17 breaking 289:4,25 breathe 236:24,25 237:1 brief 102:8 137:4 270:12 brightly 209:24 bring 32:19 34:4 170:18 185:19 237:4 259:5 261:4 262:17 bringing 138:8 144:22 broad 53:4 75:4 76:25 78:24,24 79:12 148:13 broadly 35:16 broken 241:19 brought 27:13 135:16 143:23 185:18 226:22 275:7,16 buddy 246:1 building 161:20 223:18 buildings 30:8 built 229:9 bumps 47:10 bunch 114:14 bureau 26:11,17 26:22 27:2 30:7 30:17 85:21 87:10 152:17,24 153:6 234:14,14,15,16 234:16 bureaus 29:25 30:7 86:9 burned 149:24 business 88:11 100:8 102:11 141:3,7 286:12 buy 295:23 c c 78:2 cajoling 186:16 calculated 112:13 calendar 47:18 california 1:1,16 2:1,17 3:6,11 6:1 6:23 7:1 297:1,7 297:10 298:1,5,25 call 19:18,22,25 33:12,13 34:10,13 34:16 35:2,4,10,15 36:2,6 37:5 40:6 40:13,15 42:7,10 42:12,14 44:15 45:17,24 46:4,7,9 46:20 48:5 49:15 49:24 50:1,13,17 50:23 51:1,1 52:13 53:11,13 54:17 55:1,19,22 56:8,15,18 57:3,18 58:2,12 62:10 63:21 66:11 67:12 67:15,21 68:1,5 69:3,5,8,13,15 70:4,7,10,11 76:25 79:8 86:19 89:4 94:13 103:4,7,10 113:3,7 125:10,23 137:8 145:1 147:2 150:21 151:3 153:22 157:12 160:19 161:25 162:3,9 163:25 171:22 176:12 178:23,24,25 179:5 192:11,14 192:21 196:12 206:2 208:11 Page 7 Veritext Legal Solutions 866 299-5127 Page 311 [call - ceased] 212:19 213:15,16 214:17,23 215:3 215:12,22 217:6 219:6,19 223:15 225:22 229:5,7 239:12,17 251:6 251:18 253:6 254:17 257:9 258:12 261:10 263:10 273:25 277:2 278:9,10,11 278:23 287:9 290:23 291:23 292:6,12 called 40:7,9 56:10 56:24 57:19 103:24 129:13 146:3 148:7 149:6 151:9 158:4,7 177:11 206:4,5 208:25 211:13,24 212:14 213:22 216:1,8,12 223:25 224:2 228:18 229:1 245:2 246:15 267:16 calling 57:1 122:4 172:10 212:13 216:16,24 239:18 263:3 calls 17:18 20:18 20:21 80:8 82:1 82:11 83:8 84:2 212:17 214:6 216:5,21 225:25 227:14,15 229:2 238:12,13,18,25 239:1 241:2 242:18,19 245:7,7 245:22,22 248:6,6 248:17,18 256:21 260:22,23 261:6,7 263:20,21 266:24 267:9 calm 64:18,24 82:23,23 campaign 4:16 38:22 96:6,10,14 108:11 111:9 217:18,19 239:10 248:15 291:12 campaigned 91:15 91:23 93:22 campaigns 218:8 candidate 63:12 89:6 91:15 92:24 93:22 95:20 219:10 220:15 candidates 88:6 capacities 275:12 capacity 8:25 9:2 24:10 72:4 234:11 269:23 captain 25:25 26:7 26:13,16,21 27:1,3 28:22,24 87:8 107:7,8 159:3,4,8 159:10 234:24 237:9 captains 29:17,21 car 159:10,22 160:20 163:1 164:15 card 9:6 240:18,19 256:6,9 cards 242:22 246:20,21 care 134:21 150:6 189:1 190:18 194:4 285:20,25 cared 115:19,20 115:21 career 116:5 235:21 275:1 careful 16:19 104:9 109:24 caren 1:8 2:8 173:18,19 174:4 215:14 217:8 218:5 219:1 221:20 224:6 233:9 242:10 247:1 260:3 261:3 266:18 267:4 carl 1:8 2:8 96:18 97:9 110:18 carry 178:3 228:9 256:10 carrying 81:13 case 1:5 2:5 6:23 24:4 34:4,6,8 39:13,14,18,21 40:2 46:17 47:24 48:1 60:22 74:19 76:23,23 81:22 86:17,21 103:23 104:5,8 105:3 109:8,20 112:11 112:11,13 113:7,9 113:12 116:14 153:16,24 156:20 156:21 158:5 162:4 165:22 166:20,21,23 167:3,5 172:12 175:5,11,13 176:4 176:5 177:3 178:10,11 203:14 206:12 207:11,12 210:12,17 214:20 214:22,24 226:23 231:16,16,16,17 231:18 232:7,9,14 232:20,25 233:2,4 244:1,8,9,10 245:9 245:11 247:8 251:15,24 252:3,4 252:6,8,22 253:4,7 253:13,17 254:6,9 254:10 260:16 262:7 264:25 265:3 270:23 271:10 272:22 273:2,3,25 274:1 275:6 276:11 287:10 288:9 290:24 cases 9:22,24 10:1 10:5,6 27:13 153:15 165:19 178:1 206:11 208:19 265:10 270:20 271:1,2 274:2 276:1,19 cassandra 54:13 categories 120:16 121:7 124:11,16 126:9 146:4 149:6 192:5,19 caught 194:4 cause 109:12 225:17 279:11 280:6,14,19 281:15 caused 63:10 65:7 99:10 104:22 112:6 146:8 196:3 200:10 217:2 258:22 causing 161:11 caveat 13:18 126:21 ceased 28:16 31:6 Page 8 Veritext Legal Solutions 866 299-5127 Page 312 [cell - client] cell 6:10 cellular 6:9 cemented 219:20 251:24 central 1:2 2:2 174:14 211:3 261:25 262:20 centric 141:1 certain 13:15 27:7 29:17,18 certainly 84:3 certified 294:20 295:9 298:23 certify 297:5 298:5,15 chain 79:9 135:2,4 264:17 chair 174:11 challenge 76:6,13 77:6,18 282:25 challenging 73:16 282:6 chance 14:3 change 34:8 79:6 81:3 167:5,7 245:16 changed 39:15,22 46:18 81:8 166:23 167:4 169:18 233:14 245:13 changes 14:3,5 81:12 237:16 changing 135:15 168:22 274:1 character 31:18 32:5 102:2 118:4 212:25 277:1 278:4,16,19,23 279:4 charge 232:22 charges 237:14 chart 33:16,18,19 37:15,17,19,25 38:3,4,13,21 63:22 172:19 173:2,8,9 224:11,14,15 225:6,23 228:19 246:15 257:19 267:17 charter 82:9 84:9 84:20 85:2 charts 258:15 check 69:5 checked 233:24 chief 7:16 9:2,4,11 29:2,7,20 30:19,21 47:2 79:4,10 85:20 86:8 87:9 95:10 113:12 138:20 152:16 173:24 174:6,7 179:24 180:3 196:5 234:6,7,8,11 234:17,21 237:10 237:11 253:16,19 260:11,14,18 261:11,23,24 262:3,19,20,21 280:14 281:8 chief's 244:19 chiefs 86:14 choose 207:20 294:15 chose 280:21 281:23 chosen 138:17 chris 54:11 267:7 christine 156:18 156:24 250:15 christopher 71:11 chunks 27:17 church 97:24 98:2 98:23 circle 166:5 170:23 circled 141:15 240:5 circuit 109:7,9 209:8 circuiting 208:13 208:17 circumstance 128:25 233:3 circumstances 221:15 252:19 city 25:19 159:1 159:12 223:23 civil 76:1,14 77:7 77:20 78:18 79:2 79:16,22,25 80:5 80:22 81:1,14 103:24 106:3,21 106:25 150:22 151:5,14 155:8 156:4,6,10,13 157:16 179:22 207:14,16 211:25 212:20 213:5,24 214:25 250:6,19 251:11,16 252:14 253:20,22 254:11 273:13 277:2 278:2,11,13,25 279:7 280:22 282:12,18,23 283:1,4 286:25 287:8,22 291:6 civilian 235:10 claimed 288:14,25 claims 290:14 clarification 12:2 23:13 122:21 153:21 238:16 clarifications 178:13 clarify 73:9 74:15 127:18 138:2 205:7,25 226:7 231:17 277:20 clarifying 23:13 41:3 130:14 132:10 clarity 284:16 clean 38:25 129:21 129:22 134:5 224:21 233:8 237:13 cleaning 114:11 115:8 cleanse 243:10 245:3 261:4 clear 23:12 38:23 43:25 45:20 47:7 66:7 80:15 82:8 84:10,20 85:3 109:16 121:17 127:5 138:7 160:17 163:16 178:23 186:15 226:3 227:24 230:19 232:18 238:1 239:2 273:10 clearer 81:6,10 clearly 82:1 83:1 186:8 230:25 clerk 4:15 218:12 client 8:22 16:16 16:25 24:6 51:20 52:6,16,21 53:2,6 82:25 83:8 84:1 Page 9 Veritext Legal Solutions 866 299-5127 Page 313 [client - confidant] 97:3 104:10 111:16,17 200:15 close 90:16 132:17 132:25 200:18 219:22,24 251:17 253:6 275:2 287:9 290:23 closed 92:15 244:15 code 225:15 280:24 293:10,25 295:12 coerce 225:21 collection 4:10 colleges 30:12 come 37:4 65:24 79:5 87:19 99:22 99:24 100:4 109:19 138:23 145:4 169:20 171:1 186:23 188:12 189:12 193:17,22 194:10 222:7 256:15 276:12 285:19,23 comes 208:12 274:23 276:15 comfortable 89:3 90:12 209:24 coming 54:13 194:13,21 228:14 253:4 command 26:15 79:10 88:3 135:2 135:5 154:19 264:17 commanded 120:16 commander 27:21 27:23 28:2,3,6,8 28:11,15,16,18 29:1,3,14,15 30:2 87:9 105:20,24 106:11 135:9,12 159:24 160:4,21 179:23 180:2,5 196:8 234:22 237:9 253:14,15 280:15 281:9,21 comment 14:5 49:23 59:19 84:12 100:19 173:14 192:8 278:18,24 284:20 285:15 commentary 64:14 commented 66:21 278:3,15 commenting 84:15 278:22 279:4 comments 277:1 commerce 223:23 commission 76:15 77:7,20 78:18 79:3,16,22,25 80:5 80:22 81:1,14 151:14 155:9 179:22 250:6,19 252:14 273:14 278:2,14 279:1,7 282:13,18 283:2 287:9,23 291:6 committed 131:4 communicate 14:22 15:7 16:6 51:16 53:8 58:20 71:5,10,14 136:13 187:21 194:17 195:15 196:14 198:10 265:13 communicated 15:3,23 107:25 195:20 203:6,17 203:21 communicating 136:18 200:25 communication 52:7 56:19 79:7 82:25 215:18 261:1 communications 52:17 53:2 85:9 197:19,25 198:5 community 30:10 30:12 comparing 128:16 242:21 compel 93:11 242:3 compensation 143:6 complaint 268:2 279:5,6 complete 298:13 completed 244:15 completely 61:1 109:5 164:12 complied 58:18 163:6 comply 65:22 66:2 66:12 259:19 261:15 complying 58:22 283:20 compound 199:24 222:13 227:10 245:21 con 290:18 conceded 62:13,21 63:2 conceding 62:16 concern 104:23 105:12 217:3 concerned 103:25 108:9 190:13 214:19,20 233:5 240:15 concerning 20:3 20:12 21:18 44:19 49:5 53:9 61:6 71:7,12,16,18 75:24 105:9 115:14 117:12,19 117:23 118:23 136:7 152:3,7 153:7,11 154:1,6 155:15,20,25 156:4,7 162:4 182:13,21 189:20 195:16,21 197:16 198:1,7 199:1,16 200:4,11 201:2,24 203:8,18,24 278:1 concerns 104:3 201:9,15 251:13 253:8 concession 62:25 concluded 283:2 concludes 295:25 conclusion 80:8 82:2,4,12 83:9 84:2 227:21 253:5 concurrence 86:19 conduct 31:18 32:6 104:4,12 105:1 106:25 107:12 176:14 210:6 212:3 246:6 conducted 141:7 conducting 104:2 126:14 278:25 conducts 141:3 confidant 219:25 Page 10 Veritext Legal Solutions 866 299-5127 Page 314 [confident - correct] confident 125:1 130:20 253:6 confidential 52:17 90:13 100:11 confidentiality 91:18 confirm 19:6 148:22 200:21 confirmation 124:14 145:18 confirmed 19:2 145:20 confused 258:10 confusing 80:13 278:10 connecting 123:12 connection 40:14 44:14,24 45:14 221:3 279:5 295:1 consider 137:5,12 170:2 197:2,3 283:8 287:14,22 288:13 289:7 290:12,22 291:17 292:18 consideration 137:10 167:8 244:22 considerations 178:7,9 281:16 considered 63:23 102:6 108:3 116:15 167:19 170:10 224:9 226:4 273:16 291:18 292:22 considering 115:22 consistent 12:18 31:18 32:6 68:20 102:10 140:23 141:2 142:20 177:13 206:16 226:25 246:5 270:4 275:19 283:8 288:2 consisting 145:8 constitute 272:2 constituted 65:12 96:14 construed 35:17 consult 12:11 consulted 53:20 contact 33:1 136:24 137:3 262:25 contacted 53:16 57:1,21 contained 126:16 127:14 128:6,22 197:13 contains 131:6 contemplated 266:21 contemporaneous 291:22 292:5 contemporary 116:10 179:8,10 274:1 275:4,7 content 65:9,25 67:20 190:16 context 237:5 continue 6:13 continued 140:7 226:11 contract 55:17 135:25 136:8,21 196:24 197:7 contributions 96:9 218:13 220:11 contributor 108:22,22 110:6 contributors 110:10 control 44:18,23 45:12 124:18 126:11 140:15 146:11 147:16 148:6,10 149:2,4 149:18,21 150:4,6 165:13 conversation 33:14,20 36:23 38:23 47:6 52:20 53:4,18 56:22 57:14 60:6 65:9 65:25 66:6 67:1,3 67:20 68:4,10,25 79:7 99:20 100:16 101:16,21,23 102:8,20 104:6,24 105:11 117:16 118:25 152:8 162:24 163:1 164:3,8,14 168:10 174:22 175:15 176:15,17,19 178:14 183:25 185:5,8,12,17,20 187:11 188:5,10 189:16 190:9 191:2 194:1 195:23 215:18 217:12 224:3,8,18 226:8,14,17 227:5 228:13 238:22 264:22 277:4 284:6,13 conversations 6:9 21:11 144:6 266:12 convey 59:1,4 60:13 108:6 164:25 174:21 175:2 227:6 conveyance 52:24 conveyed 51:18 52:1,9 53:5 59:11 60:5 70:5 107:20 223:12 conveying 59:13 59:20 60:4,8 convicted 14:10 cool 94:12 copeland 26:20 copied 134:3 172:15 copies 115:14 copy 127:1 128:9 128:14 129:15,21 129:22 134:5 183:15 294:3,16 294:20 295:9,15 295:16,22,23 correct 10:23 14:9 14:21 16:17 22:9 23:9 25:16 26:8 26:10,25 28:17,20 31:1 35:7 42:3 44:16 51:21 54:4 56:12 57:8,11 59:6 61:12 67:11 71:20,23 72:14,15 80:1,4,23 84:17 93:4 94:1 104:11 114:23 115:11 122:17 126:20,21 127:12,13,16,23 130:16,17 131:11 131:15 132:1,13 145:12 151:21 153:20 161:2,3 163:19 165:10 171:17 185:14 Page 11 Veritext Legal Solutions 866 299-5127 Page 315 [correct - dash] 189:6 198:8 201:5 201:9,11,19 202:4 202:20 203:4 205:23 206:19,20 208:20 211:7,10 211:11,15,16 212:2,5 213:25 215:2 218:3 222:2 223:5,6 224:7 228:10 229:17 233:9,15,16,20,22 234:23,25 241:4 245:4 247:16 260:19 263:19 276:4 278:6 283:6 284:1 291:23 292:1 297:7 298:13 corrected 294:18 corrections 294:6 294:12 correctly 39:16 145:8,19 166:3 174:12 249:20 279:14 281:11 287:7 corroboration 287:12 288:5 290:13 counsel 3:1 4:18 6:17,20 7:9 10:25 14:1,4 51:5,13,17 52:13,23 53:9,14 53:16,21 54:2,5,19 54:22 55:3,6,10,17 56:10 57:1,10,21 58:11 72:25 82:10 83:1 85:4,8 104:7 106:8 107:9,10 122:7 133:21 135:25,25 136:8,9 136:19,21 140:9 144:7 155:4 168:1 168:7,20 169:10 178:15 179:6 193:9 196:13,25 196:25 197:7,10 201:13 202:8,10 203:1,13,15,22 205:15 230:7 259:12 266:7,17 266:17 267:2 279:10 280:5 294:2,4,11,25 295:6 counsel's 55:20 57:25 71:15 168:4 196:14 197:15,20 199:3,20 201:23 counselor 233:25 counted 39:2 county 1:2,4,7,8 2:2,4,7,8,15 4:13 4:15 6:21,23 7:15 7:17,22 8:23 9:3 9:12 10:2 24:9 30:16 51:5,12,17 52:13,23 53:9,13 53:16,21 54:2,5,19 54:22 55:6,9,20 56:10 57:1,9,21,25 58:11 71:15 72:7 82:9 83:1 84:9,20 85:2,4,8 104:6,14 107:9,10 119:7 132:17,20 133:21 135:25 136:9,19 142:1,4 144:7 159:11 164:24 166:2,15 167:25 168:4,7,20 169:9 170:2 178:15 179:6 196:13,14 196:25 197:9,15 197:20 198:7 199:3,20 200:12 201:13,22,23 202:8,10,25 203:7 203:22 218:12,12 225:15 266:7,17 267:2 280:23 297:2 298:2 county's 105:5 157:4,5 251:15 countywide 30:4,5 30:6,7 couple 8:9 20:1 182:11 211:24 216:18 255:12 coupled 219:25 240:19 course 14:9 65:1 67:19 73:21 100:8 256:16 258:14 269:5,21 274:20 court 1:1 2:1 6:22 7:3 8:1 11:20 13:24 14:6 30:4 30:13 40:20 61:15 74:13 80:2 81:22 82:1 83:21 109:8 135:9,11 151:15 155:14,20,25 206:13 270:21 271:3,12 293:24 294:1 295:4 courtesy 85:1 90:11 courthouses 30:16 courts 30:12 cover 119:20 120:5 251:2,2 cow 110:3 cramer 1:23 2:17 7:4 298:4 crawling 289:25 crazy 12:17 credibility 252:24 252:24 credible 290:25 criminal 9:22 234:14 cross 234:1 crossed 209:24 232:15 crossing 187:7 crowbar 290:3 crystal 226:3 232:18 239:2 csr 1:23 2:18 298:4 cultural 27:9 curious 209:19 current 33:18 37:14 38:1,3 currently 7:1 37:18 261:25 custodian 148:15 custody 44:18,22 45:12 55:15 124:17 126:10 140:14 146:10 147:16 148:6,9 149:2,4,17,21 150:3,6 165:12 294:23 cut 18:19 d d 4:1 78:2 daily 148:15 dash 172:21 175:12 Page 12 Veritext Legal Solutions 866 299-5127 Page 316 [date - demanded] date 6:6 34:22 35:15 36:14,18 47:19,21,21 58:23 143:21,22 171:15 184:5,16,19 195:6 249:19 257:6,9,12 294:11 dated 190:15 dates 72:9 166:3 david 3:16 7:3 day 30:23 31:2,14 35:5 36:10,10 37:6,8 40:8 43:4,4 47:16 58:12 67:12 67:22 115:9 120:20,22 128:18 132:16,19 148:23 149:22 150:7 158:24 159:25 160:21 161:9,18 161:22 162:21 164:24,25 167:19 171:23 176:21 184:12,13,19 195:14 196:11 223:24 244:20 249:9 286:12 294:7,8 297:8 days 19:25 20:1 35:8 37:3,9 70:14 71:3 102:5 114:12 167:6 175:12 215:25 294:5,10 294:19 295:2 dead 192:22 deal 90:4 99:14 118:7 213:1 dealing 107:5 deals 196:25 dealt 30:8 december 31:5 47:16 72:13,13,20 72:21 97:14 130:1 138:18 165:5 184:6 272:12,20 decide 31:10 32:15 53:13 180:1 254:20 decided 31:13 102:22 230:23 deciding 137:18 137:22 290:22 decipher 172:17 decision 46:21 49:4,7 66:7 86:18 88:4 100:21 102:4 102:5,9,14,21 111:1,22 112:1 113:11 118:1,5,7 119:1 134:12,19 138:5 144:6 191:5 207:15 227:7,9 228:8,13 230:21 235:25 236:2,2,10 237:7 244:19 250:7,19 252:15 268:6 269:9 279:13 281:17 287:1 decisions 31:21 32:11 252:16 declared 35:20,23 36:1,8 deem 282:3 deemed 33:9 294:19 deep 105:12 237:1 defeat 92:19 defeated 63:12 defendant 6:17,18 6:20 8:19 160:20 161:25 defendants 1:10 162:4,8 163:4,25 2:10 3:9 4:12 7:14 164:21 168:17,21 119:6 171:23 172:9 defense 294:11 182:13,20,23 defined 207:8 183:3,13 187:25 236:4 269:2 283:6 188:8 189:8,20 283:9 190:8 191:10,23 definitely 94:7 193:7,9,13,15 245:9 194:10 196:19 definitively 164:5 206:3 208:23 del 7:16 8:15 9:7 209:25 210:9 9:11 33:2,9 34:17 211:13,24 212:13 35:10 36:2,6,24 212:20 213:3,14 37:11,14 39:12 213:16,17,22 40:5,14 42:6,8,15 214:5 215:13,24 42:20,25 43:10,14 216:19 217:7 43:23 44:14,19,24 219:7 220:24 45:13,17,22 46:3 221:3,9,20 223:14 47:23 48:3 49:3 225:20,22 226:14 49:18,22 50:12,22 227:5 228:7,18 51:15 53:11,15 229:15 230:12,20 55:21 56:9 57:23 233:6,7 237:12,19 58:17,23 59:3,14 238:9,20,23 239:6 62:11 63:20 64:4 239:18 242:9 65:7 67:17,22 245:1,11,15 247:9 68:5,8,18,24 69:6 251:7 253:11 69:9,15 71:7,12,17 257:10,13 259:8 102:24 103:6,9,15 260:9,21 261:2 103:19,24 104:21 263:17,23 264:7 107:5,8,24 108:6 264:20 265:14 108:23 113:4 267:16 268:3 127:16,20,22,25 272:2 276:25 128:5,21 130:19 278:1,12,14,17,21 131:13 132:15 279:3,5 284:5 134:24 135:23 291:18 292:6 136:14,24 137:7 demand 41:24 137:13,17,21 109:10 138:4,11,17 144:9 144:13,25 150:21 demanded 121:7 145:22 151:4,9 156:4 157:13 158:3,6,15 Page 13 Veritext Legal Solutions 866 299-5127 Page 317 [demanding - diligence] demanding 245:12 demands 122:22 140:10 demeanor 104:3 demote 280:14 demoted 39:7 denied 152:25 154:21,21 244:17 244:23,25 245:18 deny 162:17 163:20 284:4,15 284:17 denying 284:11 departed 116:2 department 1:8,9 2:8,9,15 7:15,17 8:24 9:3,12 10:2 25:13 30:22 31:4 31:7,11,15 32:16 33:10 37:5 38:12 38:19 39:8 44:3,7 46:21 54:1,23,25 55:4,14,23 61:6,19 61:22 71:22,25 75:2 83:14,18 87:4 98:18 99:10 113:15,24 114:3,7 114:9,9,22 115:7 115:13 116:2,13 116:23 118:15 121:10,19 122:2 125:10,24 129:25 140:24 141:3,7,18 143:19,20 146:25 147:4,12,17 148:11 150:7,17 151:12 154:5,12 155:18 158:21 159:19 160:23 178:4 180:10 181:2,20 182:9 187:4,24 195:17 195:22 202:19 204:2,6,12,14 206:17,19 207:13 207:20 208:8,9 221:12,22 229:6 230:9 232:5 235:9 235:13,20 236:6 241:20,24 246:6 246:20 247:25 249:6 250:2,15 262:4 267:4 270:1 270:19,19 271:2 272:9,11,19 273:13,19 274:4 280:9,21 286:19 department's 4:13 119:8 157:9,21,24 167:13,15 168:3,8 168:11 206:13 232:12 244:23 departments 201:17 203:3 depends 76:22,23 depo 23:4,8 depos 13:1 deposed 9:17 115:4 146:2 deposing 294:4 deposition 1:14 2:14 4:14 6:12,16 6:24 8:16 10:8,15 11:21 13:22 14:2 14:23 15:4,8,24 16:8 17:16,19,23 18:5,9,18 19:14,19 19:24 20:3,13,16 21:4 22:2,14 23:14 40:25 41:16 41:24 44:8 45:2 46:8 91:7 96:24 106:16 112:22 119:8,13,16,17,23 120:17 121:2,8 127:11 139:4 140:2,11 146:17 151:25 165:14 204:7 218:11 260:9 277:23 293:9 296:6 298:7 298:10 depositions 10:9 10:22 depth 117:16 deputies 75:9 77:2 77:12 220:10 deputy 24:15,19 24:22,23 37:1 61:7,15,20 73:15 73:25 74:7 75:25 76:13 79:17 81:17 83:18 87:24 100:2 114:8 141:16 143:22 150:12 151:23,24 152:6,7 152:8,18,19,19,25 153:12 154:2,14 154:20,22 155:4 155:15 211:9 222:9 233:2 235:5 235:8,19 237:8 240:6 244:12,13 245:10 249:13,18 271:11 287:13,24 deputy's 154:24 272:23 describe 39:18 40:19 55:2 57:17 63:7 133:9 276:14 described 45:18 79:21 80:17 describing 79:18 description 4:9 39:24 designated 138:12 desire 94:5 desk 116:10 121:14 131:3 146:21 172:1 256:7 desktop 114:15 destroy 145:22 detailed 178:5 details 47:24 161:14 167:17 determination 79:4 determine 61:13 61:18 62:19 64:11 78:13 102:25 103:12,16,20 168:8 262:7 determined 63:3 232:20 233:1 determining 87:14 87:19,24 184:19 detractor 290:19 develop 221:4 devices 146:14 devoted 236:17 different 18:7 19:5 79:20 131:1 158:25 159:13 166:23 207:21 221:18,23 273:7 275:2,13 276:9 difficult 75:3 118:1 156:18 236:2 275:11 diligence 110:1 113:4 125:5 170:6 177:14,15 217:15 Page 14 Veritext Legal Solutions 866 299-5127 Page 318 [diligence - document] 232:4 240:13 251:20 dip 142:14 143:17 242:5,14 243:6 dipping 142:22 direct 46:22 49:10 86:21 87:20 167:20 190:1,25 234:2 259:12 266:6 directed 192:4,18 directing 154:17 191:9 193:22 direction 190:3 207:21 227:18 228:20 298:12 directive 233:6 directly 66:21 187:21 190:7 200:5,10 266:15 disapproval 60:4 60:6 discharge 21:5,17 22:1,14 77:6,19 78:17 79:2,20 80:20,21 81:16 96:18 97:1,9 99:4 99:19 102:25 103:11,16,20 105:7,10 113:8 142:9 156:11 157:10,12,21,25 175:11,13,23 177:3 178:10 232:12 233:19 253:15,21 254:3 254:15 260:16 272:15,23 273:4 273:14 286:24 287:4 discharged 61:7 61:15 77:3,13 78:16 81:20 83:19 87:16 88:2 98:4 143:2,8 210:3 211:10 disciplinary 27:12 86:15,16 95:10 102:12,18 150:11 150:18,25 151:7 154:8,15,24 168:22 215:6 221:21 222:9,19 224:6,22 233:8,13 237:14,16 243:19 245:17 261:4,11 263:25 264:1 272:13 273:5,15 273:21,23 274:2,6 274:10,19,21 275:9,21 276:3 282:11,17 discipline 71:21 72:18 73:4,16,24 74:18,19,20 75:8 75:24 76:7,13,22 77:3,14 79:1,6 80:19 85:23 86:10 109:3 111:1,22 112:1 113:11 153:11 154:23 156:14 166:18 167:7 169:16 175:18 207:6,7 210:1,5,7,23 211:20 212:15 229:6 232:19 244:12,24,25 245:10 262:5,8,16 270:20 271:1,10 272:22 275:22 276:11,19 282:7 283:1 disciplined 111:8 111:23 112:7,8 disclosed 155:4 disclosure 154:6 154:14 discomfort 66:18 disconcerting 217:25 discover 114:24 discovery 112:14 discretion 225:13 discuss 12:19 23:17 151:4 158:4 discussed 20:2,14 21:2,25 22:13,18 22:22 57:9 97:11 97:18 101:1,8 196:23 discussing 21:17 discussion 45:16 52:4 102:15 144:5 193:5 discussions 167:23 disdain 224:22 disfavor 59:13 disfavored 59:21 displeased 38:24 displeasure 104:16 disproval 59:2 dispute 75:8 78:15 78:17 79:19 80:19 81:5,20 83:18,20 86:10 282:16 disputes 72:18 73:4,10,24 74:12 74:13,17 75:24 85:23 282:6 disrespect 207:22 208:3,12 distant 109:3 distinct 183:2 district 1:2 2:2 disturbing 190:9 division 26:11 29:17 47:2 54:24 79:10 86:14 87:22 105:21 173:24 174:6,8 221:11 234:9 253:15,16 260:12,14,17 261:11,23 262:6 262:19 274:16,25 divisions 29:25 doctor 141:25 document 19:10 43:1,18,22 44:3,11 44:13,17,17 45:11 66:10 109:15 119:5 120:15 127:8 128:2,4,11 128:17 129:3,8,13 129:14,15 130:4,8 130:10,11,13,21 130:22 131:1,5,7 131:12,23 132:5 132:11 133:20,23 140:10 148:8 149:1,3 150:2 157:14 196:4 197:15 198:25 199:15 200:4,11 200:17,21 201:15 221:10,13 230:13 230:17,19,22 231:12 233:23 241:7 242:21 245:6 246:14 247:7,18 248:24 Page 15 Veritext Legal Solutions 866 299-5127 Page 319 [document - email] 249:21,25 250:18 254:22 255:3 256:2 287:5,17 documentation 109:4 documents 8:11 13:25 17:22,24,25 18:4,8,11,13,15,17 18:23,25 40:14,17 40:22,23 41:15,23 41:25 42:2,5,9,15 42:19 43:16 44:23 45:13 46:12 112:21 113:9,25 114:4,21 115:14 116:14,24 120:24 121:7,9,14,18 122:1,16,19,22 123:4,10,18,21,23 124:10,12,13,16 125:7,16,25,25 126:1,9,13,16 140:13 145:10,22 146:3,10,15,25 147:14,19 148:4,7 148:14 149:7,22 150:5 176:3 177:8 181:1,11,19 182:6 182:7,10 188:17 258:15 dog 149:25 doing 61:16 91:2 105:17 157:19 170:6 177:15 195:10 240:13 245:20 246:2,10 289:17 dollars 34:17 281:24 domestic 165:22 232:9 252:3 254:6 273:5 287:8,12,24 donations 108:11 217:23 218:1,8,22 donna 26:20 door 194:5 236:19 290:7 doors 92:15 doorstep 184:14 190:10 double 142:14,22 143:17 242:5,14 242:15 243:6 doubt 227:20 doubtful 49:17,19 downtown 223:22 downward 176:8 177:3 draft 197:12 drape 90:16 drill 205:24 drive 147:2 159:5 159:9,24 160:6 161:19 162:22 164:19 driven 158:20 160:20 162:5,9 163:2 driver 219:10,24 248:14 driving 159:21 161:24 163:3 164:16 220:23 drop 159:16 drove 159:1,19 161:1 219:11 due 109:25 113:4 125:5 170:6 177:14,15 217:15 232:3 240:13 244:3,14,22 251:20 duly 8:5 298:7 duties 27:1 28:14 29:13 275:15 293:25 duty 27:6,6 35:12 36:25 84:15 100:1 165:1 195:14 228:15 e e 1:23 2:17 4:1,8 50:9,9 51:11 78:2 298:4 earlier 58:12,23 134:20 211:25 216:18 243:4 earned 143:9 ears 193:10 easier 68:16 256:10 264:11 east 97:17 101:4,6 101:9,22 117:12 easy 236:1,3,10 edge 251:17 effect 107:13 144:18 162:12 effects 115:21 effort 213:23 egregious 27:5 eight 254:5 296:2 either 46:3 50:22 64:10 65:8 66:17 66:22 68:23 75:9 84:14 90:25 91:15 92:24 95:18 137:7 199:1,17 202:25 225:4 235:18 257:2 291:18 292:19 elders 100:22 elect 133:22 271:25 elected 220:16 264:2 election 34:23,25 35:6,9,13,21 62:13 62:17,21 63:3,13 88:5,24 91:13,22 92:4,20 93:14,15 95:19 96:7,11,15 204:4 219:3 248:15,16 electioneering 219:12 electronic 146:14 146:25 electronically 192:2 eli 194:8,12,21 195:1 eliminate 224:5 elizabeth 54:19,25 55:8 71:6 email 43:7,8,9,11 43:13,17,19,20,22 44:1 127:15,19,19 127:21,22,25 128:5,13,15 129:2 129:12,19 130:1,1 130:18,25 131:13 131:16,21,25 132:4,14,15 133:3 133:5,8,10,13 134:24 135:18 136:23 137:6,11 137:13 164:21 187:25 188:7 189:7,19 190:1,7 190:15,25 191:9 191:17,20,23 192:16 193:15 255:8 268:2 Page 16 Veritext Legal Solutions 866 299-5127 Page 320 [emailed - exhibit] emailed 16:13 260:9 emails 16:7,9,12 16:15 129:20 188:16 189:10 190:3,12,13 191:17 192:5,5,11 192:18,19 194:8 283:11,22 284:18 286:14 emanuel 3:10 emily 3:5 7:21 22:8 emphasized 66:3,4 emphatically 264:12,15 employed 71:22 123:3 201:22 202:7,9,14 203:7 203:22 221:22 225:8,10 employee 24:9 32:18,19,21,23 34:3,7 87:20,20 105:13 115:2 133:17 141:1,11 141:17 142:7 143:8 165:1 207:6 207:17 210:2 222:10,21 225:7 228:14 237:13 240:17,20 249:4 249:16 250:1 259:23 260:15 262:6 employee's 104:8 104:15 207:7 210:4 216:9 employees 39:4 76:6 104:12 employment 32:25 73:21 88:19 125:3 125:25 208:7 221:5,21 222:8,19 224:5,6 225:14,16 226:11 240:20 249:8 259:25 261:18 269:5,22 281:6 293:2 encountered 237:10 ended 176:15,18 ends 157:15 236:20 enforcement 24:14 engage 32:17,24 36:25 102:15 209:9 engaged 55:19 134:18 197:1 239:10 engagement 16:22 79:8 engaging 107:12 entered 153:8,13 153:19 272:20 entering 289:4,25 entire 27:12 116:5 156:11 235:21 253:22 259:9 262:8 282:2 entirely 142:3 entirety 132:4 entitled 43:1 44:3 88:22 119:5 120:2 143:9 242:12 243:7 249:23 250:3 entity 241:21 entry 170:15 172:16 equity 27:8 ercom 176:1 179:9 esanchirico 3:7 esquire 3:4,5,10 established 60:17 262:10 estimate 18:10 19:11 40:3 181:11 181:18 182:6 276:24 282:9,11 et 6:22 ethical 186:9,10 187:7 210:6 269:3 ethics 187:8 evaluate 227:8 evaluated 252:22 evaluation 209:23 evening 31:12 event 241:24 298:16 everybody 265:20 evidence 112:14 153:5,8,19,22,23 154:7,14 185:8 210:11 232:22 243:13 261:8 268:23 exact 12:24 35:15 107:18 108:13 128:10 129:15 144:14 184:19 217:24 exactly 13:3 33:7 43:4 206:6 259:6 examination 4:3 9:15 140:7 205:4 234:1 259:12 266:6 270:16 examined 8:6 298:6 example 12:25 61:16 86:17 121:24 123:5 exception 55:11 excess 142:12,25 excludes 200:14 203:9 excluding 203:13 203:15 exclusive 85:5 exculpatory 154:7 154:14,18 excuse 77:23 247:15 executed 297:8 executive 38:24 executives 224:21 exercise 244:2 exercised 244:13 exercising 208:10 exhibit 4:10,12,15 40:21 41:9,12,17 41:22 42:9 112:19 119:5,10,16,23,25 119:25 124:23 125:19,20 126:17 127:12,15 128:7 128:23 129:9 140:19 145:8,24 146:12 147:10 150:8 164:20 165:8 197:14 199:6,23 201:18 211:15 218:11,17 218:24 230:6 243:3 246:14 249:22 260:7 266:22 287:1 292:2 Page 17 Veritext Legal Solutions 866 299-5127 Page 321 [exhibits - fired] exhibits 294:2,9 294:15,24 295:8 exist 148:20 existing 173:7 exit 30:23 exited 141:17 exonerate 237:13 expected 20:15 expecting 258:13 285:19 expedited 295:17 experience 53:17 experienced 206:21 expert 10:7,11,13 expertise 84:4 explain 41:6 49:18 53:22 57:21,24 102:6 105:8 129:10 165:16 207:4 208:4 209:5 explained 33:22 34:2,6 46:20,25 49:6 57:22 101:24 102:3,9 108:15 134:20 212:21 221:9 explaining 209:16 explanation 150:1 explorer 235:11 235:15,18 express 60:14 95:2 95:12 99:5 101:14 expressed 66:18 67:19 94:22 95:17 96:17,24 97:8 98:3 104:3 105:2 118:17 expressing 104:15 extent 206:10 externally 202:22 extraordinary 100:7 f face 54:12 fact 62:21 63:12 66:21 105:12 109:4 132:19 137:23 152:19 162:17 177:17 217:17,20 218:6 219:21,23 221:5,6 239:12 facts 76:23 79:5 104:4,7 105:6,9,15 185:7 209:10 232:4 237:17,20 248:5 268:23 276:2 289:10 factual 286:24 287:3 factually 240:17 failed 164:17 fair 242:8 248:22 fait 228:3,8 fall 99:7 255:1 falls 52:20 210:5 false 10:19 familiar 72:16 73:2,19 74:22 75:23 76:11,25 160:16 161:1 195:1 family 194:3 far 14:18 45:19 78:9 91:2 210:5 228:6 233:5 242:11 fashion 192:13 fast 295:18 favor 88:6,23 89:19 91:21 112:2 favored 91:12 federal 109:19 236:6,7 feel 31:20 32:8 89:7 92:8,11,25 94:2 159:13 190:24 224:25 225:4 258:7 feeling 66:17 137:7 160:6,22 161:18 feelings 251:21 feels 213:1 fell 53:5 134:13 felony 14:10 felt 31:16,17 32:2 32:3 33:13 64:3 64:10 66:10,20,22 95:10,13 102:1,11 104:14 105:2,5 108:9 118:2 119:2 119:2 134:13 180:8 185:24 187:7 191:3 207:18 208:16 217:6 224:23 229:9,11,19,19 230:25 252:23,25 253:25 254:25 258:22,25 259:13 259:17 261:9,13 261:14,16 262:12 262:14 265:13 288:11 292:25 293:1 female 211:9 fields 101:12,21 figueroa 2:16 3:11 6:25 figure 13:11 file 114:4 121:13 128:18 146:21 154:1,24 268:2 286:5,20 filed 6:22 74:14 81:17 140:10 166:1,4,16 files 114:8,17,25 116:11 275:10 fill 184:18 final 30:23 145:4 financial 115:20 134:22 180:6,7 financially 7:7 find 109:15 110:14 119:20 186:22 187:14,14,19 188:3 212:7,9 283:11,22 284:2 286:16 finding 39:15,16 39:22 102:18 168:22 273:21 274:1 287:8 findings 47:25 102:17 272:13,22 fine 94:15 138:22 181:25 293:11 295:20 finish 11:23,24 64:17,25 65:2 74:3 84:25 93:18 135:17 finished 64:19 65:3 292:12 fire 38:15,19 149:24 280:6 fired 39:8 118:10 280:20 Page 18 Veritext Legal Solutions 866 299-5127 Page 322 [firm - giving] firm 16:23 22:12 22:19,23 146:10 206:14 first 8:5 10:5 19:17 24:13 31:10 51:9 82:14 89:1 90:22 91:20 114:24 120:19 141:13 150:24 172:16 173:19 178:16 183:24 191:22 205:10 207:25 208:1 213:22 214:23 215:22 219:18 223:4 230:6 231:16 232:11 248:4 250:9 252:6 263:6 269:16 288:18,23 289:9 291:7 292:24 fit 64:12 123:5 fitting 146:11 five 18:10 37:7 55:9 102:5 167:6 244:20 flaherty 101:12,20 flip 165:20 floor 3:11 6:25 7:2 flynn 98:7,15 118:19 focus 188:6 focused 134:21 focusing 190:7 folder 146:21 folders 182:11 follow 49:8 68:5 68:25 69:4 70:2,3 70:12 103:6,10 176:18 205:7 206:15 246:21 257:1 265:12 292:13 followed 72:23 following 17:9 122:14 123:15,17 132:15 209:10 follows 8:6 32:1 48:15 77:11 199:11 208:18 foot 210:19 241:19 force 27:6 29:19 39:25 142:5 166:21 233:3 272:3,6 273:4 forceful 214:21 forcing 272:7 foregoing 297:7 298:7 foregone 227:21 forget 99:16 forgetting 30:11 form 144:15 147:1 195:2 199:4,21 290:13 formal 76:1 109:4 formally 165:5 former 24:9 290:24 formerly 61:7 forth 156:20 223:11 242:6 243:7 249:23 forum 270:2 forward 74:24 81:14 133:23 forwarded 128:21 forwarding 66:11 found 105:9 114:18 116:7 125:6,15 126:14 127:8 252:13 foundation 266:24 founded 39:15,22 167:6 168:23 233:14 245:13 251:21 four 9:21 10:1,5 10:22 13:2,3,6 37:9 55:9 59:23 114:12 145:14 230:6 frame 28:19,20 105:23 106:19,22 free 205:17 friday 47:7,13 48:10,23 68:12,22 134:23 196:24 209:15 220:1 221:7 227:3,19 228:16 238:8 264:8,13,16 friend 97:23,25 117:22 215:14,23 215:24 216:17 226:5 friendly 226:4 228:21 friends 97:17,21 98:21,23,23 101:3 117:11 213:11 friendship 214:19 front 155:8 165:20 183:13 248:10 250:9 268:13 frustrated 285:18 286:2 full 14:19 24:13 141:13 143:21 144:2,4 182:11 225:13 269:13 further 102:21 116:7 186:5 235:7 270:7,9,16 287:2 293:5 295:6 298:15 future 31:20 32:9 33:18 37:19 38:1 38:3,8,21 39:5 64:9 115:20,23 118:5 180:7 258:19 259:21 261:16,17 272:8 g g 50:9 51:11 general 12:16 59:10,18 198:1,11 generally 232:8 gentleman 11:11 33:3 54:14 55:12 250:11 geographic 218:9 getting 80:18 142:15 227:13 228:6 233:6 girlfriends 97:21 gist 189:2 277:11 give 14:13,19 19:11 93:25 134:15 136:24 137:3 143:16 182:5 186:1 187:9 193:20 240:23 242:10 247:10 249:22 255:13 258:19 291:1 given 133:20 135:24 136:8 142:17 167:19 201:3 296:1 giver 188:14 givers 285:19 giving 284:25 286:22 Page 19 Veritext Legal Solutions 866 299-5127 Page 323 [go - gordon] 46:23 51:10 62:22 go 6:14 12:19 19:7 63:4,12 74:10 24:1 28:23 41:8 75:15 77:24 78:3 42:18 51:19,22 78:7 80:6 82:20 74:12 78:20 80:10 90:10 92:17,18 90:16,16 95:25 103:23 107:1 97:23 98:2 102:5 108:2 109:21 119:19 124:7,25 110:2 112:14,19 131:23 160:12 115:4 118:10 161:20 166:25 134:16 135:17 171:1 176:2 136:14 137:4 177:10 178:6 140:19 151:4 184:7,9 185:9 162:21 164:20 188:16,18,18,19 165:8 167:9,16 188:24,25 189:11 168:3,9 169:22 189:14,14,17,21 171:9,11 172:4,7 190:3,12,12 172:11,13,15 191:17,18,18 175:22 180:20 198:8 207:21 187:20 190:19 218:16 223:7,9 193:2,11 196:23 231:14 235:7 205:6 206:11 237:24 243:2 213:5 224:20 244:18 246:13 227:22,25 228:1 248:9 254:10 230:24 231:1 255:2 256:13 242:7 243:8 253:9 258:6 260:14 254:25 255:1 262:13 268:6,7,8 258:19,23 259:4 275:5 277:8 278:9 259:18,19,20 283:21 285:24 262:10 263:13 286:5,5,6,15,20,21 277:8 281:21 288:10 290:16 289:24 290:16,20 291:2,21 295:12 292:18 goal 136:2,11,16 goldfeder 250:10 136:22 191:12 good 6:4 64:5 76:3 god's 289:17 132:9 134:13 goes 66:25 90:9 135:14 158:9 133:14 276:15 187:17 188:1,18 going 8:13 13:24 188:19 212:25 16:18,24 19:10 214:15 226:6 20:5 21:8 29:3 230:25 231:1 31:11,14 38:7,9,10 255:2 262:15 38:11,15,19,25 277:6 286:7 gooden 174:15 262:21,22 goodness 24:25 gordon 3:10 4:4,5 7:13,13 8:17,20,22 9:1,6,10,16 15:18 16:21 17:2,3,8,12 18:20 19:4 20:8 20:23 21:13,24 22:10 23:5,9 24:2 24:12 32:13 36:21 40:20 41:1,6,13,18 41:20 45:9 49:2 50:11 52:11,22 53:7 56:1,5 57:16 58:9 59:6,9 60:1 61:24 62:2,9 64:18 65:1,5,19 67:10 69:20,23 70:17 71:4 72:10 73:1,14 74:3,6,16 75:5,22 76:10 77:25 78:12 79:14 80:1,4,16 81:23 82:3,14,20 83:3,6 83:12,24 84:5,8,11 84:22 85:10,19 86:5 87:7 88:20 89:9,13,18,25 90:5 90:22 91:10 92:3 92:13 93:2,9,12,18 94:9,15,21 95:15 95:22 96:1,22 97:7 99:1 100:24 104:17 106:14,23 110:17,24 111:20 112:16 113:21 117:2,9 119:4,14 122:8,13 123:9,15 123:17 124:2,6 126:4 130:9 135:17,20,22 138:1,22 140:8 145:15,17 147:21 147:25 148:3 149:14 155:12 157:7 160:10,13 160:18 171:14 178:20 179:2 181:9,16,23 182:4 183:7,10 185:1,10 190:5 192:23 193:1,4,6,12 195:12 200:1,19 202:3,11 203:12 204:18 205:9,25 206:24 208:22 210:10 211:17 212:8,17 213:18 214:1,3,6 215:10 215:15 216:2,4,20 219:4,13 220:12 220:17 221:1 222:13 223:10 225:24 227:10,14 228:4,11,23 229:2 229:18 230:4 231:15 233:10,17 233:21 238:12,18 238:25 239:14 240:4 241:1,5,9 242:5,17 243:12 245:5,21 246:3 247:12,17 248:5 248:17 250:22 255:7,19 257:17 258:2,9 260:22 261:6 263:20 264:5 265:22 266:23 267:9 268:15,21 270:9 Page 20 Veritext Legal Solutions 866 299-5127 Page 324 [gordon - hollywood] 270:17 273:11 277:13,16,21,23 279:17,22 280:3 283:14,19 284:25 285:7,10,13 288:17,20,23 289:2,5,16,21,23 290:2,4,6,8 291:7 291:14 293:4,8,12 293:15,19,23 295:14 gordon's 263:10 269:14 gotten 146:2 govern 72:17 73:3 73:23 74:23 76:12 154:13 governed 75:7 governing 77:5,17 governmental 204:12 grabbed 114:14 grammatically 201:5 grateful 192:12 great 9:8 66:18 135:21 195:10 217:2 225:18 258:22 greatly 34:1 green 231:5,18,22 239:25 244:9 255:24 greg 111:17 grew 236:16 grievance 243:18 244:4,14,17,23,25 245:18 grieve 76:6 244:3 grieved 245:17 gross 159:24 160:4 160:21 161:1,23 162:5,10,22 163:2 164:16 183:4,13 grounds 85:12 90:24 group 30:10 64:12 guard 194:4 guess 58:5 134:8 155:10 245:1 guidance 192:23 guidelines 77:1 guy 54:17 170:18 255:1 guys 123:11 277:9 h h 4:8 51:11 half 18:6 28:12 43:21,22 44:1 176:9 178:16,18 179:4 292:4,14 halfway 119:15,19 hall 223:21 hallmarks 246:23 hand 8:13 231:19 298:17 handed 18:18 handing 40:20 119:4 handle 170:20 handled 39:13 handling 83:2 279:7 hands 275:15 handwriting 63:7 63:10 128:11 129:5 131:6,7 165:9 171:16 231:21,22 255:25 handwritten 134:1,2,4 231:19 hanging 63:19 happen 47:5 66:2 144:20 163:12 164:5 169:2 177:21 227:22 228:1 258:14 263:14 happened 63:17 112:25 151:20 163:18,21 164:6 169:19 176:4 208:16 252:18,18 268:10 269:23 284:17 happening 109:25 116:10 137:1 150:22 151:18 163:21 harassing 92:7 93:16 harassment 27:9 94:8 hard 19:11 99:11 236:12,14 head 11:17 171:9 headed 161:12 164:15,18 header 190:16 211:2 headquarters 25:20 275:14 healthcare 188:13 285:19 hear 36:22 110:25 111:21,25 heard 61:10 111:5 111:6,14 152:23 155:23 239:9 257:3 hearing 79:3 156:10,18 207:14 244:14 251:12,16 252:22 253:5,19 253:21,24 282:23 295:3 hearings 295:1 hearsay 239:15 held 6:24 247:24 248:4 help 174:2 195:7 213:24 245:25 279:20 helped 113:9 helpful 18:14 106:17 115:15 185:25 195:3 helps 195:5 hey 226:6,18 high 60:20 higher 86:16 237:11 highly 109:5,18 hip 97:12 99:7 hiring 125:25 historic 147:4 historical 46:18 170:11 history 34:7 102:12 210:5 221:6,21,21 222:8 222:9,19,20 224:6 hit 282:18 hold 74:3 77:25 130:13 141:21 166:9 167:1,1 213:18,18 268:15 277:18 holding 130:14 holiday 142:13 143:1 242:6,15 hollywood 174:13 212:24 213:8 Page 21 Veritext Legal Solutions 866 299-5127 Page 325 [hollywood - inquire] 215:25 261:25 home 114:15 158:20 159:1,5,9 159:16,19,21,25 160:7,21 161:1,11 161:19,20,24 162:5,9,10,22,23 163:3 164:16,19 184:2,12 186:24 188:11,12,13 189:13,23 190:17 191:8,12 194:3,7 195:4,24 285:19 286:11 honestly 80:12 134:11 174:24 194:13 287:16 hope 17:7 horrible 174:18 horse 192:22 hospital 97:12 99:3,7 100:17 184:13,20 188:12 hospitaling 286:1 hospitals 30:8 hour 17:17,21 18:6 hours 174:17,19 175:1 house 38:25 184:11,17 185:21 185:22 187:11 189:12 191:13 224:21 284:7 huge 276:23 huh 28:25 29:6 67:9 121:21 126:18 173:20 hundreds 274:9 274:14 275:1 hung 51:14 hurdles 166:12 168:12 husband 21:6,16 22:3,12 23:16 67:4 hypothetical 79:17 80:24 81:13 i iab 151:24 152:3,7 153:10,14 154:1 154:19 155:2 idea 173:15 230:18 245:15 246:5 identification 41:10 119:11 218:18 identified 55:10 141:12 198:17 identify 42:18 141:4 184:16 iii 25:20 imagine 246:7 248:8 impact 282:1 impacted 117:15 119:1 impacting 118:7 impinges 82:24 83:7 implications 180:6 281:10 implied 257:25 258:8 267:16 importance 66:3 important 33:24 68:21 95:11 147:7 209:20 237:4 impose 271:20 imposed 72:18 73:4,17,24 74:7,18 74:21 75:8,25 76:14 77:3,15 79:1 80:20 82:6 85:24 86:10 211:21 244:12 imposition 75:25 80:21 143:21 275:22 impression 227:6 229:16 improper 288:18 288:20,22 inappropriate 60:13,16 66:20 84:12 85:10 88:15 104:13 107:12 118:3 177:13 221:14 232:3 252:1 277:3 283:18 289:11 290:4,8 291:8 inaudible 193:1 237:3 238:13 inches 181:18 incident 211:1,5,8 243:9 288:2 incidents 27:5 include 144:2 243:18 included 28:9 43:15 145:24 147:10 153:22 198:24 199:13 243:21 287:1 including 37:6 120:23 inclusive 1:9 2:9 incoming 33:22 34:1 36:16 191:10 inconsistent 31:17 32:4 102:1 118:3 141:6 144:1 increase 248:9 incredibly 80:13 224:23 independent 76:24 indicate 176:15 indicated 153:16 indicates 165:21 166:6 indicating 100:5 indication 249:22 indirectly 187:22 200:5 individual 1:8 2:8 46:12 266:16 individuals 38:7 110:9 industry 25:19 information 5:1 12:24 70:1 136:25 153:5 154:18 156:15,22 168:12 177:17 184:22 185:24 186:2,7 187:18,23 188:3 193:20 194:16 219:19 240:14,20 244:11 249:3,4 256:9 270:3 initial 177:12 initially 174:12 216:9 initiated 78:19 81:2 101:23 initiation 79:16 80:5,22 inquire 41:11 143:18 Page 22 Veritext Legal Solutions 866 299-5127 Page 326 [ins - justification] ins 133:13 insecure 225:1,2 insight 258:19 286:22 insistence 209:13 209:15 219:25 insistent 221:6 inspect 150:11 inspector 198:1,11 instances 10:13 instinct 177:12 232:2 251:7 instruct 16:25 21:22 24:7 75:15 78:7 82:15,20 83:9 91:1 instructed 4:18 instructing 80:9 82:16 84:5 90:18 95:8 instruction 11:2 17:5 53:2 instructs 10:25 intelligent 279:22 intend 55:22 intended 65:1 179:14,18 intent 136:23 intention 116:22 186:6 intentional 116:20 intentionality 116:19 intentionally 10:18 114:20 interaction 275:19 interest 119:3 157:4,5 interested 7:8 38:6 180:2 293:8,12 298:15 interfere 6:11 interference 6:9 interim 167:22 interject 105:16 internal 25:25 26:3,9,16,22 27:2 27:3 28:2,3,10,13 29:23 30:2 85:21 86:8 87:10,13,18 87:25 88:3 126:1 152:17,24 153:6 207:12 234:14,15 284:20 285:16 internally 75:1 internet 130:5 131:24 132:2,12 interpose 74:1,11 80:7 interrupt 206:15 interrupting 90:3 interruption 23:20 interview 151:23 152:3,6,13,14,18 153:10,13,18 204:13 interviewed 154:20 interviews 153:15 intimate 64:9 226:5 invade 266:13 invested 105:3 investigate 27:4 189:14 investigation 126:1 210:14 243:20 252:10 254:12 investigations 234:14 236:7 investigative 189:22 286:17 investigator 187:18 188:2,19 189:22 286:7 investigators 27:4 involve 30:5,14 241:18 involved 30:6,15 85:7 87:22 136:15 155:13 166:21 197:7,10 233:2 involvement 82:13 151:6 219:6 274:20 276:2 282:8 involving 10:2,10 115:23 152:11 156:14 165:22 211:8 271:10 273:3 irrelevant 88:8 irrespective 152:13 issue 22:20 47:12 84:10 92:10 115:15 170:17 175:24 186:10,10 issued 76:1 issues 22:24 27:8 27:10 236:5 it'd 68:15 item 165:20 210:7 210:13,23 232:7 232:13,24 244:9 249:13,15 items 181:15,22 211:12,20 212:15 233:13 252:9 265:7 iterations 275:4 j j 51:9 jacques 49:11 263:7,8 james 29:10 62:12 62:16,20 63:2 72:6 111:1 112:6 jamie 101:12 january 30:23,25 31:7 71:25 113:16 113:24 114:22 131:9 165:6 184:7 195:5 jim 47:14 111:8 job 1:24 24:13 38:9,11 39:5 92:1 162:13 163:9 225:1,21 228:20 249:2,5,8,14,17 284:24 286:5 jodi 101:12 joe 174:15 262:21 262:22 john 3:10 7:13 17:7 24:8 28:7 41:8 75:4 82:23 85:17 89:16 93:8 111:15 135:14 174:12 205:8 265:21 280:2 288:19 johngordon 3:12 join 24:19 josie 159:3,4,8,17 journal 256:15,18 jump 225:5 justice 223:22 justification 225:18 Page 23 Veritext Legal Solutions 866 299-5127 Page 327 [justify - larry] justify 122:20 k kapp 101:13 keep 162:12 163:9 294:15 keeper 121:16 123:1,2 keeping 63:16 176:14 keosian 54:11 71:11 267:7 kept 172:1,2 180:20 194:18 226:19,20 251:25 256:6,16,19 kind 78:9 134:13 175:16 176:10 188:19 189:2,15 231:9 246:15 258:10 276:15 kinds 286:19 knew 124:22 150:24 172:13 186:12,22 187:14 187:19 191:14 220:23 221:2 229:11 254:24 know 9:5 12:9 13:3,10,14,15,16 14:18 15:16,20 19:7 27:9 35:8,15 49:16 52:16 55:14 59:16 63:1,19 73:8 80:10 85:6 85:11 90:19 91:6 99:9,11 102:4 110:20,20,22 116:11 118:1,6 121:12 133:13,13 133:15 134:11 150:18 151:22 152:1,2,2,5 154:4 154:11 155:18 160:3 161:21 163:11,14 164:4,9 170:21,21 171:10 173:1 174:20,24 175:1 176:17 178:3 180:23 184:8 186:8 188:9 188:17,18,21,25 191:2,5 192:10 193:23 194:14 198:19 202:11,23 210:22 212:12,12 213:6,8,11 217:16 218:4,6,6,20 220:21 224:12,13 226:10,22 230:16 236:4,8 238:15,21 239:11 241:18,23 247:7 248:13,20 248:21,22,23,25 252:14 253:5 257:17 258:20,23 259:3 261:15 263:1 265:13 269:8 271:18 273:8,16 276:5,17 281:20 289:11,17 295:11 knowing 38:6 39:4 229:10 knowledge 35:18 36:22 68:3 79:6 82:13 84:4 152:15 177:17 206:16 211:19,22 222:7 245:19 246:1 267:2,12 274:8,23 275:20 276:2,21 278:4,15 290:15 known 276:10 knows 188:2 212:22,24 l l 50:9 78:2,2 175:5 264:25 265:1 la 2:15 7:15 9:12 10:2 49:11 50:3,8 51:2 56:25 57:7 57:19,20 58:10,21 59:5 70:2,12 72:7 126:23 129:23 132:5 183:15 187:22 191:20,24 192:1,16 198:7 202:17 255:13 263:4,5,8,11 268:12,20 269:1 283:10 labeled 244:9 lacera 142:3,3,5 241:10,21,22 242:2,13 lack 266:23 lacking 252:24 language 141:9 large 181:12 larry 33:1,12 37:11,13 39:12 40:5,14 42:6,8,14 42:20,25 43:10,13 44:13,19,24 45:17 45:22 46:9 47:23 48:3 49:3,18,22 50:12 51:14 53:11 53:15,18 55:21 56:9 57:23 58:17 58:22 59:3,14 62:11 63:20 64:4 65:6 66:7 67:16 67:22 68:5,8,18,24 69:6,9,15 71:6,11 71:17 102:24 103:6,9,15,19,24 104:21 107:24 108:6 113:3 129:12 130:19,23 131:4,16 132:4 134:14 135:23 136:24 138:8 144:9,13 150:21 151:4,8 156:3,25 157:1,13 158:3,6,8 158:15 160:19 161:25 162:3,8 163:4 168:17 171:23 172:8 175:3,8 177:11 178:23 183:3,13 187:25 188:7 189:8,20 191:9,23 193:9,13,15 196:19 206:3 208:23 209:25 211:12,24 212:13 212:20 213:3,14 213:16,17,22 214:5 215:13,23 216:19 217:1,7 219:7 220:24 221:3,9,20 223:13 225:20,21 226:14 226:15 227:5 228:7,18 229:7 230:12,20 233:6,7 237:12,19 238:1,9 238:20,22 239:6 239:18 245:1,11 245:15 251:6,10 251:10 253:11 257:10,15 259:8 260:13,20 261:2 Page 24 Veritext Legal Solutions 866 299-5127 Page 328 [larry - little] 264:7,20 265:14 267:16 268:3 272:5,7 276:25 larry's 156:16 194:14 lasd 10:10 24:17 24:19 25:5 26:22 29:14,25 54:3 55:7,8 56:14,17,21 72:18 73:5,16,24 74:7 76:12 77:5 77:18 78:14,15 79:19 80:18 81:4 81:19,20 82:6 85:24 96:19 97:1 97:10 99:5 111:2 112:7 115:1 116:1 131:8 132:21 135:5 151:14 162:6 165:1 182:7 194:23 196:6,8 202:23 276:20 279:4 284:21 285:16 lasd's 75:7 lau 183:19,21,24 184:2,13,17 185:2 185:5,13 187:22 188:1 190:23 191:8,12 192:4 193:14 194:6 195:23 255:16 283:10 284:6,13 285:14,17,23 286:20 law 24:14 85:14 208:10 lawful 208:17 lawrence 7:16 9:11 33:8 34:17 36:2,6,24 43:22 46:3 50:22 107:4 127:16 laws 297:6 lawsuit 78:6 165:24,25 lawsuits 73:11,12 74:14 83:2 166:1 166:3,8,16 175:17 177:4,22 178:1 lawyer 250:11 layers 253:13 lead 55:3 112:13 187:23 213:4 leadership 138:13 leading 211:17 212:8 214:1 215:10 216:6,6,7 216:20 219:13 220:18 221:1 228:4,11 229:18 233:10,17,21,25 241:1 245:22 247:19 258:2 learn 112:5 156:17 197:6,9 219:9 259:17 learned 62:12,20 63:2 151:12 153:4 155:23 156:6,9,13 156:22 169:23 196:22 217:21,22 219:5 244:8 269:4 269:4 learning 181:4 leave 92:9 99:10 165:7 170:19 175:18 184:15 189:23 190:17,19 191:13 194:2 240:21 242:16 285:17 286:11 290:9 leaving 115:18 150:4 236:21 293:2 left 44:2,7 48:11 48:25 99:16 113:15 114:9,21 115:12 116:4,12 134:15,17 141:21 147:12,16 148:10 149:5 150:7 151:20 161:9,11 186:9 204:3,8,14 221:12 231:19 241:23 247:5,25 249:6,9 250:1 280:9 legal 7:5 12:12 53:22 69:13,21,24 70:5,10 80:8 82:1 82:3,11 83:8 84:2 91:3 296:3 legally 143:8 length 242:5 267:15 letter 75:25 166:19 level 60:19,20 76:22 86:16 207:19 220:7 221:8 254:14 262:7 286:9 leveled 79:2 leveling 268:8 levels 254:5 276:16 liability 166:15 lieu 295:9 lieutenant 25:11 25:12,18 26:2,3,20 235:1 237:9 275:13 life 31:19 32:7 118:7 235:20 236:17 282:2,2 287:18 light 161:12 164:15,18 224:19 226:10 limited 122:4,23 limiting 200:20 limits 86:2,4,7,11 86:12 line 4:19 5:2 23:8 56:15 170:8 174:16 175:4,9,16 176:10,14,18 177:2 186:21 231:7 248:10 264:24 265:4,6,8 292:10 linear 276:13 lines 31:22 32:11 231:4,6,8 linked 191:24 192:16 193:15 lips 84:25 lisa 151:23 152:6 list 108:22 110:6 110:11 120:15 167:20 listed 142:11 165:21 listen 23:9 listening 68:4 149:14 litigated 155:8 litigation 74:13 81:22 82:11 85:3 136:1,9,20 197:1 little 56:7 94:12 134:20 161:12 Page 25 Veritext Legal Solutions 866 299-5127 Page 329 [little - mandoyan] 175:15 live 218:7,8 lives 158:25 159:12 llp 3:4,10 lo 54:13 located 140:14 145:10 192:12 location 246:23 lodge 295:1,4 logistics 20:12 long 13:3 17:14,20 18:3 20:14 24:22 25:4,12 26:21 28:8 36:5 62:1 63:1 70:9 210:22 213:9,12 234:17 289:13,16 longer 99:15 115:1 280:25 look 41:21 102:24 103:11,16,20 106:20 113:5,6 119:15 120:5,23 121:3 126:8 138:23 150:21 175:5 176:1,4,7 178:10,11 179:9 184:7,9 188:16,16 188:16 189:10 190:3,12,12,15 191:17,18 194:7 210:14 212:3 213:6 230:3 240:14 243:11,24 243:25 247:4 249:7 250:4 265:2 265:3,10,11 283:10,22 284:18 286:5,16,21 291:9 looked 108:10 110:13 115:5 121:12 124:15,15 124:20 149:8 156:16 177:8 217:19 233:1 244:10 looking 33:15 37:14,24 38:3,4 47:18 63:22 112:19 120:1 131:20 172:18,24 173:7,15 189:19 202:22 217:16 224:10,14,15 225:22 239:24 252:17 257:18 261:2 267:17 283:11,23 284:2 looks 236:8 248:24 249:2 loop 83:2 132:17 133:1 loopy 175:16 loose 236:20 loosely 246:21 los 1:2,4,7,8,16 2:2 2:4,7,8,17 3:6,11 4:13,15 6:1,21,23 7:1,16 8:23 9:2 53:25 119:7 150:17 166:2 183:18 218:11 223:22 297:2 298:2 lose 118:14 281:23 losing 63:11 281:6 lot 38:23 46:16 141:8 170:4 182:11 223:10,11 255:10 267:23,24 louis 3:4 love 236:17 lower 159:15 281:25 loyal 259:18 lunch 135:20 lynn 101:12,20 m m 78:2 mahdi 54:11 main 142:18 maintain 44:6 294:23 maker 46:21 49:4 49:7 66:7 113:11 230:21 makers 144:6 making 31:21 32:10 51:1 84:19 138:9 172:5 179:18 202:12 209:23 231:12 279:13 management 30:15 61:5 234:15 244:6 mandate 81:17 mandatory 180:24 mandoyan 1:8 2:8 21:4,17,25 22:14 32:23 34:3 35:11 36:25 49:5 69:1,6 71:8,12,18 78:6 99:19 101:2,15,19 102:19,25 103:11 103:16,20 107:1 108:25 110:7,8,10 110:19,21 111:16 111:17 112:11 114:25 115:14,18 115:23 116:14,16 117:13,19 118:9 118:14,18 123:8 123:14,22,23 136:7,16 137:19 137:23 138:5,9 142:24 150:12,16 150:19 151:1,5,8 151:13 152:9,20 152:25 153:7 155:15,20 156:1,5 156:7 157:1,10,12 157:21,25 162:4 162:14 163:7,25 164:3 165:19 166:13 169:7,8,23 173:17 174:4,8 177:25 178:15 182:14,21 183:22 183:25 184:3,18 185:4,12,16,20,24 187:1 189:20,24 196:15 197:16,21 198:2,7,12 199:1 199:16 200:4,11 201:2,10,15,24 202:6,24 204:7,13 206:5,22 207:11 208:24 210:8,23 211:10,21,25 212:14,21,22 213:23 215:4,14 217:8 218:2,5,9,13 218:14 219:1,9 220:9 224:7 229:25 233:3,9 242:10 244:12,13 245:10 247:1 248:14 249:22 250:12 252:13 254:6 260:3 261:3 263:24 266:19 Page 26 Veritext Legal Solutions 866 299-5127 Page 330 [mandoyan - mentioned] 267:4 269:5 273:15 277:3 288:15 290:15 mandoyan's 22:20 32:25 39:13 96:18 96:25 97:9 98:4 99:4 100:1,17 115:15,25 117:23 118:23 136:2,10 136:21 144:11 145:4 156:14 158:5 221:20 232:15 244:17 273:2 277:1 278:4 278:13,16,19,22 278:25 279:4,7 286:24 287:3 manner 103:25 104:25 140:23 229:10 261:19 265:9 270:23,24 march 29:9 30:20 30:22 211:1 234:21 marine 111:16 218:13 marital 21:9,20 67:7 97:2 mark 40:21 119:5 166:19 170:16 231:12 288:6 marked 8:11 41:10,22 42:3 43:2,6 113:25 119:11,23 126:17 128:22 211:14 218:18 230:7 marking 41:12 84:11,16 markings 134:2,4 marks 175:16 marry 273:8 mary 101:13 matter 6:20 10:7 10:10,11,13 21:17 21:18 22:1,14 57:14 58:1 60:19 69:6 78:5 79:24 84:21 85:3 99:10 106:21 107:22 112:12,23 113:6 153:11 155:3 156:16 162:14 163:7 164:1 169:17 170:10 182:14,21 183:22 183:25 184:4 191:14 194:18 196:15,17,22 197:16,20 198:12 202:6,24 204:8,13 208:10 210:3 217:16 228:16 244:3,5 273:5,15 273:23 275:21 284:20 285:16 291:3 mattered 34:1 matters 8:9 16:8 19:5 20:3,11,15 60:18 86:15,16 134:22 158:11 271:19 274:6 maya 183:19,21 183:24 184:2,13 184:17 185:2,5,13 187:22 188:1 190:23 191:8,12 192:4 193:14 194:6 195:23 255:16 283:10 284:6,13 285:14 285:17,22 286:20 mcdonald's 77:21 mcdonnell 29:11 36:11 47:14 48:11 48:24 49:20 62:13 62:16,20 63:2,11 72:7,19 73:5 74:8 75:10 76:19 78:2 81:4 83:14 85:21 87:10 88:7,23 89:20 91:12,22 92:19 93:13 94:23 95:3,18 109:11 111:3,8,22 112:1,6 112:9,11 137:19 154:6,13 163:8 173:2,8 209:14 221:24 222:1 223:2 264:9 271:21,24 272:4,6 mcdonnell's 36:12 77:8 96:6,10,14 111:1 162:15 mean 9:1 20:20 29:4 36:18 59:5 65:18 67:3 70:4 73:10,11 74:25 75:1,3 78:22 82:25 88:9 96:20 100:4,19 113:17 113:18 122:9 125:19 130:10 134:7,8 135:15 140:20 141:25 147:19 156:25 163:14 164:10 166:10 167:4 172:23 173:7 178:19 189:11 206:9,10 207:24 216:19 236:13 237:1 240:12 241:17 255:4 259:16 260:4 271:14 272:12,24 meaning 37:19 130:11 163:5 175:7,22 means 143:5 166:10,22 173:23 174:19 175:5 232:21 249:16,17 meant 184:5 207:5 208:4 209:6 271:17 279:23 media 6:15 151:17 155:23 195:15,21 196:4 286:18 296:2 medical 141:23 142:1 241:10,17 242:12 medication 14:15 161:10 164:17 meet 17:14 102:2 meeting 19:13 meetings 15:13 256:22,25 member 31:3 51:5 51:13,17 150:14 150:16 155:17 158:21 159:14 194:3 195:15,20 196:4,14 235:10 men 91:25 289:24 mention 193:13 194:6 mentioned 39:11 151:25 193:23,24 194:20,22 216:10 217:9 231:24 Page 27 Veritext Legal Solutions 866 299-5127 Page 331 [mentioned - miller] 265:8 284:5 mentioning 191:17 mese 7:16 8:15 9:7 9:11 33:2,9 34:17 35:10 36:2,6,24 37:11,14 39:12 40:5,14 42:6,8,15 42:20,25 43:10,14 43:23 44:14,24 45:13,17,22 46:3 47:23 48:3 49:3 49:18,22 50:12,22 51:15 53:11,15 55:21 56:9 57:23 58:17 59:3,14 62:11 63:20 64:4 65:7 67:17,22 68:5,8,18,24 69:6 69:9,15 71:7,17 102:24 103:6,9,15 103:19,24 104:21 107:8,24 108:6 113:4 127:16,20 127:22,25 128:5 128:21 130:19 131:13 134:24 135:23 136:14,24 137:7,13,17,21 138:4,11,17 144:9 144:13,25 150:21 151:4,9 156:4 157:13 158:3,6,15 160:20 161:25 162:4,8 163:4,25 164:21 168:17,21 171:23 172:9 182:13,20,23 183:3,13 187:25 188:8 189:8,20 190:8 191:10,23 193:7,9,13,15 194:10 196:19 206:3 208:23 209:25 210:9 211:13,24 212:13 212:20 213:3,14 213:16,17,22 214:5 215:13,24 216:19 217:7 219:7 220:24 221:3,9,20 223:14 225:20,22 226:14 227:5 228:7,18 229:15 230:12,20 233:6,7 237:12,19 238:9,20,23 239:6 239:18 242:9 245:1,11,15 247:9 251:7 253:11 257:10,13 259:8 260:9,21 261:2 263:17,23 264:7 264:20 265:14 267:16 268:3 272:2 276:25 278:1,12,14,17,21 279:3 291:18 292:6 mese's 44:19 58:23 71:12 107:5 108:23 132:15 279:5 284:5 message 129:17 223:12 227:12,16 228:6 229:15 met 17:13 83:17 method 249:10 metrics 244:6 michael 250:10 microphones 6:7 6:11 mid 195:4 282:23 middle 292:11 miller 3:4,4 4:5 6:18 7:18,18 8:8 8:18,21,25 9:4,8 9:13 11:10 14:25 15:2,8,11,17,23 16:7,11,18,24 17:7 17:10,14,19 18:17 19:13,18,23 20:5 20:18 21:3,8,20 22:2,7,11,16,19,23 23:1,7,11 24:5 31:24 32:12 36:17 36:20 40:23 41:3 41:8,11,14,19 45:5 45:8 48:13 50:7 50:10 51:19,22,25 52:3,6,10,15 53:1 54:19,25 55:8,24 56:3 57:5,9,12 58:4 59:4,7,22 62:1,3 64:17,24 65:4,17 67:2,6 69:16 70:15,19,22 70:25 71:6 72:8 72:22 73:7,11 74:1,5,10,25 75:12 76:3 77:23 78:3 78:20 79:23 80:2 80:6 81:21,25 82:8,18,22 83:5,7 83:22 84:1,7,9,18 84:24 85:17 86:4 86:24 87:3,6 88:8 88:13,17,25 89:12 89:16,23 90:3,6 91:5 92:2,5,9,21 93:7,10,16 94:7,11 95:5,24 96:20 97:2 98:17,20,24 104:9 105:16,24 106:4,10,15 110:15,22 111:15 112:10 113:17 119:12 122:6,11 123:7,11,16,18 124:3 125:13,15 125:19,21 130:6 135:14,19,21 137:24 138:21,25 145:13,16 147:19 147:22 148:2 149:12 155:6 156:24 157:3,5 160:8,12,15 171:5 178:19 181:6,14 181:21 182:2 183:5,9 185:7 189:25 192:21,25 193:2,8 195:7,10 199:8,24 200:14 201:25 202:9 203:9 205:5 207:2 210:21 211:18 212:11 213:2,21 214:7 215:11,21 216:14 217:4 218:10,19 219:8 219:15 220:14,20 221:16 222:16 226:12 227:11 228:2,5,17,24 229:13,23 233:12 233:18,24 238:14 238:17,19 239:5 239:16 241:3,8 243:1,14 245:14 245:24 246:9 247:14 248:1,12 248:19 250:24 255:21 258:4 Page 28 Veritext Legal Solutions 866 299-5127 Page 332 [miller - never] 260:24 261:21 263:22 264:14 265:15,19,23 266:4 267:1,11 268:18,24 269:11 270:7 273:6 277:15,19,22 279:15,20 280:2 283:12,17 284:22 285:5,9,12 288:16 288:19,22 289:1,3 289:14,19,22,24 290:3,5,7 291:5,10 293:6,10,14,18 294:3 295:11,16 295:20 miller's 16:23 146:9 millerbarondess.... 3:7,7 mind 14:15 59:2 59:13,20 62:19 63:4 65:12 95:16 96:13 115:19 126:10 138:3 141:6 143:11,17 161:4 171:3 176:17 190:24 191:7,11 215:25 mine 12:3 99:15 minute 77:23 105:17 236:23 minutes 18:6 62:2 mira 22:8 mischaracterizes 214:3 215:16 216:5,21 242:18 243:13 245:6 247:13,18 255:20 261:8 268:16,22 misconduct 154:1 missed 110:2 missing 221:25 misstates 210:10 264:5 284:22 misstating 285:1 misunderstand 280:16,18 misunderstanding 147:25 185:11 279:24 misunderstood 278:7 modify 79:6 mohamed 54:12 moment 177:10 227:22 230:23 232:1 236:24,25 monday 47:8,15 47:16 50:6 209:18 263:14 264:10 271:16 281:19 money 241:20 month 19:21 161:21 moreno 98:16 118:19 morning 6:4 96:21 97:4 192:1 239:13 move 16:18,20 84:14 90:21 91:2 91:9 93:11 95:22 100:24 166:9 167:2 213:19 239:14 moved 33:20 100:22 174:13 movement 246:24 moving 84:25 255:24 multiple 274:25 multitude 55:16 mutual 229:9 n n 4:1 51:11,11 78:2,2 166:19,22 name 7:3 51:9,10 54:12,15,18 55:10 55:18 66:10 108:13 109:16 110:3 151:24 173:19 193:13,17 194:13,14,21 195:1 216:9,11 217:24 218:2 220:4 221:12,15 230:8,13,16,18,25 231:4,9 232:16 239:21 254:23 255:2,4 257:12 262:15,16,20 263:6 266:8 284:5 284:9,12,14 285:21 named 32:23 34:3 152:6,7 298:6,11 names 15:20 108:21 110:5,8,10 110:13,21 194:20 194:22,24 217:24 narrowing 78:10 nasty 283:17 nature 29:22 30:9 47:1 109:22 147:6 158:2 near 160:22 162:5 162:10 163:3 274:15 necessarily 169:8 necessary 78:9 207:18 256:14 295:2 neck 288:7,25 need 12:9,10,11 17:6 47:3 49:8 60:13 66:4 68:11 83:6 106:14 117:2 130:17 144:21 174:7 181:23 186:23 189:11 191:6 195:5 221:10 226:9 227:2,2,18,18 238:8 255:11 289:8,21,23 293:20 295:5 needed 46:22 47:12 68:11,12 114:13 161:10 177:9 187:18 191:3 228:16 257:1 262:13 265:13 280:25 285:25 needing 257:4 needs 174:23 259:24 260:14 negative 158:13 158:14 negotiated 144:5 negotiating 145:2 negotiations 276:6 neighborhood 17:17 34:19 54:8 neither 91:24 93:21 neutral 89:21 95:11 never 14:10 60:24 61:3,10 66:21 71:21 88:2 91:14 111:5,6 115:5 Page 29 Veritext Legal Solutions 866 299-5127 Page 333 [never - objections] 137:10 141:23 148:15 156:8 163:14 183:11 200:24 222:12,14 226:19,21,24 237:15 240:9,10 240:11 247:24 248:3 258:12 270:20 272:12,20 273:20,24 275:5 282:15 292:22 new 47:9 54:17 55:11 64:6 79:5 138:17 191:10 224:15 newer 172:21,24 257:22 news 99:8,8 185:25 191:25 nice 158:8 night 236:18 nods 11:16 nonresponsive 95:23 100:25 213:19 239:15 noon 139:5 norma 98:7,9,14 118:19 normal 100:8 nos 169:4 notation 153:12 168:20 169:16 notations 168:25 232:7 257:2 note 6:7 124:22 143:18 175:20 176:8,14 256:23 292:23 notebook 256:10 notepad 116:21 172:3 256:20 notes 116:20 131:3 165:11,16 169:3 169:12 171:3,6,19 171:22,25 172:2,5 174:21 175:10 176:6 178:12,16 178:17 179:3,14 179:19,19 216:10 290:18 291:3,16 291:17,21,22,25 292:5,10,11,13,18 292:19,23 notice 2:18 4:14 114:16 115:4 119:8,13,23 259:24 notified 57:13 november 31:12 32:15 33:11 34:15 34:22 35:14,14,21 35:22,22,22 36:2 36:18 37:5,9 40:6 40:10,15 42:7,10 42:13,14 43:23 44:15,25 45:14,17 45:24 46:4,7 50:13,17,23,25 53:11,15 54:6 55:1,21 56:23 58:13,24 62:12 63:21 67:17 68:6 68:25 69:4,9,14 70:5,7,9 71:17 103:3,7,11 107:25 108:4,7,24 127:16 127:21 128:1,5,13 129:2,11,18,19 130:1,16,18,23 131:14,17 132:3 132:14,15,23 133:3,4,8 134:25 137:6,8,13 145:1 145:21 146:1,7 147:17 148:11 151:9 157:13 158:4,7,16 159:5,9 159:18,20,20 160:1,1 164:1,1 171:20 176:11,21 176:22,25 181:5 182:9,9 187:25 188:7 190:15 191:23 193:15 195:13,14,19 196:2,10,12,18 197:18,23,24 198:4,24 199:14 200:3,9 203:5,16 203:20 204:9,15 206:3 209:1 212:16,16 215:4 215:13 216:1 217:7 219:7 223:9 227:5 228:7 234:7 236:1 237:19 239:17 242:11 245:2 254:18 256:3 264:21 291:23 number 45:21,23 150:1 173:16,25 187:15 221:23 232:25 249:15 254:9,11 296:2 numbered 40:22 141:5 numbers 39:1 63:15 165:18 o o 51:9 78:2 oath 7:6 10:15,19 10:21 290:11 object 10:25 20:5 58:6 77:24 78:3 112:15 155:6,11 285:1 objecting 90:1 objection 20:18 21:20 24:5 53:1 55:24 58:4 59:22 64:14 65:17 74:2 74:11 75:12 80:7 83:4,22 84:13,14 85:12,13 91:3 92:7 95:22 112:10 140:16 145:13 181:6 182:1,2 183:5 185:7 202:1 206:24 210:10 211:17 212:8,17 213:19 214:1 215:10,15 216:2,4 216:20 219:4,13 220:12,17 221:1 222:13 225:24 227:10,14 228:4 228:11,23 229:2 229:18 233:10,17 233:21 238:12,25 239:14 241:1 242:17 243:12 245:5,21 247:12 247:17 248:5,17 250:22 255:19 258:2,9 260:22 261:6 263:20 264:5 266:23 267:9 268:16,21 268:22 283:12 284:22 285:1 289:6,7 290:9 objections 7:11 90:24,25 140:10 Page 30 Veritext Legal Solutions 866 299-5127 Page 334 [objections - org] 214:10 234:3 246:3 obtain 114:7 obtained 196:5 obtaining 61:20 220:10 obvious 24:11 245:25 obviously 129:4 153:18 194:15 occasion 161:23 occasions 15:7 occur 237:25 occurred 35:1 67:16 69:4 211:1 211:6 occurring 164:8 october 27:25 odd 224:19 226:2 offers 178:7 210:16 office 15:13 23:16 31:3 34:14 36:7 40:11 47:17 54:10 68:17 69:10 71:15 75:11 109:12 114:11 115:8,18 116:4 128:1 129:13 130:20 146:24 148:24 149:5,23 150:4 158:20,21 159:20 159:25 160:5 173:10 176:21 181:2,20 182:16 182:23,24 191:11 196:15 197:16,20 198:1,11 199:2,3,3 199:18,19,20 201:23 204:8 209:14 220:6 223:17,23 225:13 264:9 272:11,19 273:20 officer 24:14 56:14 73:15,25 74:8 78:16 81:18 81:20 83:19 86:3 87:15,25 111:2,3 111:23 112:2,7 153:11 156:10 207:14 251:16 252:22 253:5,21 253:24 275:22 282:17 officer's 112:8 282:25 283:1 officers 72:19 73:5 75:9,10 85:24 154:7 official 72:16 73:3 73:23 269:22 officially 269:24 oh 24:24 30:12 126:7 164:11 258:18 273:16 289:1 oig 198:18 201:13 201:23 202:7,25 203:17 204:16 oig's 199:2,19 okay 6:19 9:9,13 11:25 12:1 13:20 15:17,19 21:12 28:21,23 36:20 41:8,14,19 52:10 58:4 59:7 62:3,7 70:16 71:5 74:5 74:10 76:3 79:23 80:6 81:7 85:17 87:6 88:10 98:24 117:4,7 125:21 126:7,13 127:3 132:9 135:19 138:21,22,25 140:4 157:6 163:23,24 166:17 169:4,15 174:3 182:4 184:15 185:15 188:22,24 205:1,6,13,16,19 205:24 208:21 211:23 212:6 214:16,17 215:22 216:15 217:5 218:10,22 219:9 219:16 220:8 221:17 222:3,6 223:7,17,24 224:2 225:7 231:23 232:10 234:10 237:6 239:24 241:9 242:4 243:2 246:13 248:22 250:4 254:13 255:7,22 257:5 258:18 259:1,2 260:6,11,17 262:23 264:21,24 265:15,19,21 266:2,11 267:14 269:20 270:7,13 280:2,19 293:18 295:24 old 40:1 215:24 224:14 older 102:18 215:5 once 26:12 39:9 134:11,19 268:6 270:20 ones 116:24 275:4 ongoing 213:24 online 127:6 183:16 192:17 oos 170:24 open 128:1 129:13 129:14 130:20 290:7 opened 224:2,9,18 opening 128:15 226:2 openly 93:22 operate 269:3 operates 206:17 operating 144:1 168:18 operation 269:25 opined 62:23 opinion 47:11 53:22 58:16 69:13 69:21,25 70:6,11 91:16 95:12 214:6 216:6,22 227:15 238:18 239:1 241:2 242:19 245:7,23 248:6,18 260:23 261:7 263:21 271:19 287:11 288:12 291:4 opportunity 13:23 253:18 opposed 168:6 173:8 opposing 259:12 opted 95:14 order 61:15 134:22 291:1 ordinary 256:16 org 33:16,18,19 37:17,19,25 38:3,4 38:21 172:19 173:2 224:11,14 Page 31 Veritext Legal Solutions 866 299-5127 Page 335 [org - pending] 224:15 225:6,23 228:19 257:19 267:17 organization 27:14 31:21 32:10 37:15 38:13 63:22 64:6,9 66:9 72:1 142:4 151:18 173:8 174:9 236:15 240:21 246:22,25 247:6 249:9 258:20 269:24 organizational 173:9 oriented 30:10 original 103:3 106:20 173:7 294:2,12,14,15,17 294:21,24 295:4,7 295:9,23 outcome 7:8 34:8 49:16 166:24 244:4 251:11 254:2 outrageous 253:2 outs 133:14 outside 61:21 82:12 96:23 97:2 97:4 109:5 202:23 210:5 262:9 277:8 overbroad 75:13 75:18 overcome 166:13 overly 105:2 oversee 27:4 overseeing 86:8 155:2 oversight 26:12 28:9 29:16,24 30:13 85:20 87:9 87:13,17 152:16 286:18 overspoken 167:11 overt 65:13 overtly 118:11 154:17 overturn 212:15 215:5 224:4 245:3 254:18 p p 51:9 p.m. 4:4 127:22 139:3 140:1 296:5 package 246:13 packet 40:18 153:23 176:3 243:19 packing 115:17,24 181:3 236:19 page 4:3,9,10,19 5:2 43:19 119:20 120:2,5,12,12 122:6,8 124:23 127:19 132:11 140:19,21 157:14 165:17 176:9,12 178:17,18 179:4 210:13,25 230:3,3 230:5,14 231:16 231:20 244:9,18 250:9,9 252:9 291:23 292:4,11 292:14,20 pages 1:25 4:10 42:19,21,21,22,22 43:15 112:20 113:14 115:6 121:4 130:22 145:8 147:10 181:18 230:6 paid 63:18 142:9 142:15,24 143:4 143:10,13 panel 86:19 156:11 207:16 253:17,22,23 paper 286:19 paperwork 29:19 124:25 paragraph 141:11 244:21 parcel 186:8 pardon 105:17 106:15 199:10 223:7 264:2 parens 260:2 parks 30:6,11 parsing 265:9 part 45:1 102:13 107:19 123:6 130:24 144:2 153:23 158:25 159:13 167:17 175:22 186:7 189:17 194:1 209:21,22 217:21 236:5,11,16 239:7 243:18 249:21 258:24 272:17 273:1 participate 35:11 150:10 157:8,20 157:24 participating 219:2 particular 20:25 31:14 34:3 36:10 59:8,15,17 60:2 111:2 112:7 114:20 118:13 161:9 172:12 192:4,18 206:12 207:11 210:1 252:12 particularly 20:10 58:14 180:22 parties 6:13 232:14 partners 22:5 parts 167:25 party 7:7 8:18 294:4 pass 70:10 path 109:23 227:25 patrol 174:14 211:3 221:11 261:25 patty 110:3 pause 270:12 paused 64:19 65:2 214:12 pay 108:14 109:21 141:14,18 143:6,9 143:15,21 144:2,4 170:8,9,10,14,14 175:17 178:2 217:9 219:17,22 242:15,22 246:22 248:9 277:6 paying 24:3 payout 242:23 pdf 129:5 131:5 peace 56:14 73:5 78:16 peg 106:19 penalties 10:18 penalty 294:13 297:6 pending 12:10 79:24 244:16 Page 32 Veritext Legal Solutions 866 299-5127 Page 336 [pension - point] pension 180:12,16 people 15:13 48:10,24 60:11 66:8 68:4 90:13 97:23 98:2,12,17 99:16 100:9,9 101:16 108:12 118:19 154:17 178:7 193:20,22 194:15 217:23 218:2,4 236:7 254:1 percent 13:15 28:13 163:20 percentage 142:13 143:1 180:19 274:10 276:19 percipient 153:16 perform 96:5 performance 212:4 244:5,6 peril 225:18 281:6 period 150:8 201:3 294:7 periods 275:3 perjury 10:18 294:13 297:6 permanent 249:16 permission 114:2 persistent 286:4 person 15:10,24 16:1 17:13 19:13 87:4 88:2 91:24 109:17 136:24 137:3 158:9 201:21 202:5,13 203:1 209:9 212:25 215:20 216:24 217:13,17 221:10 246:24 251:18 262:3,17 286:18 person's 266:8 personal 89:1,6 91:8 96:25 97:8 97:16,20 98:3,20 98:22 101:2,19 115:21 116:20 125:17,22 142:12 142:25 147:3 158:11 181:14,15 181:21 214:19 216:25 217:1 221:8 249:2 274:7 274:11 276:2,20 278:3,15,19 282:8 290:14 personally 88:14 157:23 274:20 275:20 282:9 personnel 114:3,8 114:25 115:25 116:1 147:9,11 194:23 282:6 284:20 persuade 228:22 persuaded 253:19 persuasive 287:15 pertain 78:5 pertained 170:21 peter 111:17 218:14 petition 81:16,16 155:14,19,24 271:3,11 petitioner 1:5 2:5 3:3 250:12 phone 17:18 19:17 19:22,25 34:10,13 34:16 35:1,4,10 36:2,6 37:5 40:6 40:13,15 42:10,12 42:14 44:15 45:17 45:24 46:4,7,9 48:5 50:13,17,23 51:1 52:13 53:11 55:1,19 56:8,18 58:2,12 62:10 63:21 67:12,15 68:1,5,25 69:3,4,8 69:13,14 70:7,10 70:11 103:3,7,10 137:8 145:1 160:19 162:1,3,8 163:25 171:22 172:3 176:12 182:12,20 187:15 206:2 219:6,19 223:15 226:13 229:5 278:8,10,11 292:12 phones 6:10 photo 172:18,21 172:24 173:4 257:18,23 260:1 photographs 288:6 physical 148:23 195:14 physically 37:4,8 132:20 147:17 148:11 153:1 164:25 196:11 204:8,15 pick 6:8 picking 260:21 picture 33:16 37:16 38:5 54:12 63:23 224:10 225:5,23 267:18 pictures 147:3,3,7 piece 136:25 pile 150:8 pirjo 51:7,9 54:11 55:20 133:20 136:12 169:11 178:19,24 179:5 196:13,16 200:17 266:10,11,16 place 6:10,13 37:18 60:18,23 161:4,15 170:25 175:18 184:10,15 210:24 248:4 260:16 298:11 placed 10:21 56:8 plaintiff 1:5 2:5 3:3 6:17 7:19 plaintiffs 294:8 plan 241:24 play 87:14,23 108:14 109:21 138:13 217:9 219:17,22 225:3 229:17 277:6 281:4 played 95:9,13 217:17 229:5,21 please 6:7,9 7:11 11:22 12:2 13:16 41:11,21 48:14 51:8 72:23 77:10 85:17 199:10 209:5 243:15 250:25 286:11 pleasure 280:10 plenty 276:1 plus 235:24 253:24 point 19:9 35:24 60:22 62:17,23 74:18,24 80:14,20 84:19 99:22 103:2 Page 33 Veritext Legal Solutions 866 299-5127 Page 337 [point - probably] 103:22 106:2 107:6 108:8,10 138:12 142:21 143:11 144:16 148:17 150:9 175:3 186:19 226:8 239:18 253:25 286:4 points 76:7 141:5 252:19 police 72:19 policies 121:10,19 122:2,5,18,23 123:12,25 154:5 154:12 policing 30:10 policy 27:5 154:16 politically 88:16 popcorn 276:15 porch 270:5 portion 36:23 231:19 position 39:7 60:11 104:15 105:6 107:22 141:20 167:13,15 168:3,4,6,9,11 196:5 204:2 206:14 225:1 230:24 234:5,20 247:23,25 248:3 280:8,9 281:4,8 positions 48:12 49:1 positive 13:19 158:7 229:8,10 possession 43:25 44:18,22 45:12 112:21 113:1 115:1 116:8 124:5 124:17 125:3,7,18 125:23 126:11 129:25 140:14 146:11 147:16 148:6,10 149:2,4,8 149:17,21 150:4 165:12 possibilities 168:5 169:14 possibility 168:24 169:5,18 possible 49:5 53:19 71:7 115:16 116:16 117:13 128:20 132:7 167:18 169:1,5,25 177:6 284:9 possibly 22:16 124:21 168:9 169:2 post 79:1 283:4 potential 158:4 226:10 power 126:24 225:13 272:3 pra 188:2,16 189:4 191:19 286:5,14 286:16,20 practice 256:19,20 practices 208:18 pras 188:4 286:19 pre 73:12 227:24 precise 254:8 predictable 99:22 preference 91:8 95:17 preferred 95:3 preliminary 8:9 prep 23:4,8 preparation 18:1 23:15 prepare 13:25 15:3,8,23 17:15,19 17:22 18:4,8 19:14,18,23 21:3 256:2 prepared 144:11 preparing 14:23 22:1,13 presence 183:4 285:18 286:2 present 3:15 8:15 67:25 195:19 197:24 198:4,25 199:15 200:3,9 203:5,16,20 presentation 214:22 presented 237:18 252:23 253:20 288:6 president 163:15 pressing 194:17 pressure 209:19 presume 84:19 pretty 24:10 39:1 91:6 117:25 163:16 172:10 176:16 207:10 230:23 236:18 253:6 269:2 282:21 prevail 208:9 prevails 208:8 principle 286:9,10 principles 189:22 236:4 269:3,8 283:6,9,21 print 128:18 129:20 printed 129:22 130:4,7,8,21 131:2 131:24 132:2,3,5 132:11 183:14 249:7 printout 148:16 240:21 249:5 prior 10:22 42:9 42:11 57:1 62:24 79:2 83:15 168:22 169:17 176:23,25 189:13 193:14 220:5,24 229:20 237:14 272:13 273:21 289:2 295:2 298:6 priority 33:21,23 47:12 48:7,18 68:21 133:22 217:14 238:2,10 238:21 239:20,23 prison 109:21 236:8 private 6:8 89:1 90:13,15 93:24 privilege 12:13,18 16:16,25 21:9,21 24:6 51:20 52:21 53:6 67:8 83:8 84:1 97:3,3 104:10 266:14 privileged 57:10 66:25 67:3 privy 61:4 pro 162:12 163:5 164:4 248:13 290:18 probably 19:21 98:5 106:10,12 116:8 171:8 174:22 175:14 190:12 194:24 195:4 262:11 Page 34 Veritext Legal Solutions 866 299-5127 Page 338 [problem - question] problem 29:22 65:4 214:14 234:4 problematic 108:18 procedure 144:1 procedures 46:10 60:17 72:17 73:3 73:20,23 74:22 75:1,7 76:6,12,18 76:19 77:5,17 106:5 121:11,19 122:2,4,19,23 123:13 124:1 168:18 207:8 proceed 8:2 60:21 85:18 207:18 proceeding 7:11 14:6 76:2 79:15 81:1,15 85:4 89:11,22 104:2 106:25 109:4 151:5 154:25 157:17 168:23 272:14 273:22 277:3 278:2,14 279:1,8 282:17 283:2 proceedings 23:21 78:18 79:21 81:24 81:25 83:21 150:11,19,23,25 151:7,8,13,15 154:8,15 155:14 155:19,25 156:5,7 156:9,13 212:1,21 213:25 270:12 271:3,12 274:19 274:21 276:3 282:12 298:14 process 27:12 49:7 74:23 75:1 103:24 109:8,9 113:10 133:21 134:7,8 170:6 172:13 206:11,15 207:3,4 207:6,10,17,23 208:4 224:22 237:24 238:6 244:3,14,15 248:11 262:9 276:13 processes 207:8,13 208:11,13 253:24 processing 128:2 129:14 130:21 produce 120:16 149:13 produced 41:15 41:23 44:8,13 123:4,10,16,21,22 127:7 128:9,12 147:15 148:5,12 149:3,16,24 150:3 producing 8:11 production 45:1 120:24 121:4,25 122:1,22,25 123:5 126:15 127:10,10 140:16 145:11,23 146:4,12,16 professional 31:19 32:7 72:3 90:11 102:2 104:4 105:1 105:21 118:4 220:7 234:6,8,12 246:6 258:14 268:7,13 274:24 profound 180:6 programs 147:5 progressed 219:18 promoted 24:24 25:8,21 26:7 27:18,23 28:1,4,17 28:18,24 29:1,2,7 30:19 promoting 28:6 promotion 29:10 prompt 292:25 prompted 32:15 34:17 36:3 169:7 213:14 217:13 prompts 161:7 pronounce 266:9 properly 58:17 105:13 244:5 propose 293:14,16 293:19,23 proposed 145:3 147:6 prospective 173:9 provide 42:8,11,15 42:25 43:5 55:7 69:12 125:6,11,24 126:3 136:23 154:17 179:4 181:17 197:15 248:8 270:2 291:3 294:16 provided 17:24 40:13,17 42:6,20 42:21 43:3,16 44:14,23 45:1,13 69:25 70:6 149:9 196:3,3 198:25 199:16 200:5,10 200:16 201:7,16 272:21 pry 290:7 public 100:14 189:4 218:7 286:6 publicity 116:16 publishing 63:14 pull 176:2 243:23 247:4 281:22 pulled 126:22 157:13 172:3 240:18 251:19 purpose 200:24 purposes 14:23 54:16 295:10 pursuant 2:18 8:10 205:11 pursuit 210:19,19 pushed 270:23 put 36:13 109:16 110:3 116:10 137:10 156:21 221:15 230:13 242:1 261:14 putting 80:25 137:12 156:19 221:19 291:17 q qualification 13:18 question 8:14 11:23,25 12:3,5,10 12:17 13:12 17:8 20:6,9,24 21:23 23:1,2,3,6 41:2 45:20 52:18 55:25 56:6 68:19 69:17 69:20 72:22 74:4 75:4,18 76:5,9,21 77:10,12 78:23 80:12 81:6,10 83:23 84:6 88:15 89:1 90:2 91:19 92:16 93:4,8,19,21 94:2 95:1 96:3 97:5 112:17 113:22 137:20,25 147:24 148:1,13 Page 35 Veritext Legal Solutions 866 299-5127 Page 339 [question - recess] 149:15 152:12 160:14,15 166:19 170:16,25 171:5 172:12 173:11 181:24 182:5,19 185:15 190:8 192:15 199:9,12 199:25 202:1 221:18 267:14 268:1,18,25 273:7 275:12 277:24 278:10 280:5,13 282:21 283:13,18 284:11 285:4,8,16 287:21 288:22 290:12,19 291:2 292:17 question's 154:9 questioned 33:17 questioning 23:8 105:1 263:10 265:5 questions 4:18 10:24 11:3,14 23:10 46:16 58:19 67:19 78:4,10 155:7 171:10 205:7,8 208:22 223:11 233:25 255:10,22 265:16 269:14,15 270:3,8 270:9 293:5,7 quick 94:13 204:19 256:7 257:2 quickly 102:4 244:2 263:2 quid 162:12 163:5 164:4 248:13 quiet 91:6 quinn 3:10 quinnemanuel.c... 3:12 quite 114:12 285:20 288:9 quo 162:12 163:5 164:4 248:13 r r 3:4 50:9 51:9,11 raise 111:6 253:8 raised 20:16 284:12 ran 79:9 ranasinghe 51:7 53:24 54:11 55:20 56:11,18,22 57:18 58:1 69:12 70:6 70:11 71:16 133:21 136:12,14 136:19 169:11 200:17 201:8,9,24 202:8,15 203:3,23 266:10,11,16 rank 24:23 25:10 26:2 29:15,16 107:5 118:14 159:15 180:5 259:25 ranking 87:4 ranks 38:24 rapport 134:14 229:9 rare 207:19,24 raw 213:1 reached 77:7,19 79:22 198:9 282:12 reaches 27:7 reaching 274:15 reaction 158:16 reactive 177:16 read 31:25 32:1 48:14,15 72:23 77:9,11 125:4 129:12 137:25 140:22 155:22 157:16 199:11 210:25 231:25 241:6 250:18,25 251:2,11,21 252:16,25 254:23 274:13 286:25 287:5,14,17,19 reading 192:6 240:19 242:20 249:19,25 251:22 252:18,18,19,21 253:4 288:4,8 ready 172:14 218:20,21 real 24:8 realize 217:12 realized 216:23 really 68:22 82:24 88:8 93:17 95:11 115:22 133:13 148:13 156:22 170:21 180:8 209:24 232:1,2,3,5 246:22 255:11 282:22 286:21 reask 268:18 reason 14:13,19 149:1 172:10 209:18 216:15 225:17,19,20 248:7 269:8 272:14 294:17 295:8 reasonable 12:25 170:5 reasonably 112:13 179:7 247:7 reasons 117:15 187:6 261:10 276:16 recall 16:9 19:15 19:20 35:13,19,25 39:16 43:4 54:15 58:14 62:15,16 63:6 70:13 104:24 105:19 107:18 110:18 134:3 159:21 160:8 162:2,7,16,18,19 163:21 166:2 174:11 190:14,17 191:15 193:18,25 194:14,20 198:9 198:19,21 209:3 267:19 282:20,22 284:14 288:8 recalling 278:6 recap 175:19 256:11 receive 34:16 160:19 162:3 294:8 received 34:12 35:1,4,10 36:1,5 43:12 50:25 62:10 67:12 68:1 128:19 130:18 133:10 143:15 149:18 161:25 227:22 229:4 258:12 receiving 53:14 127:7 130:5 131:25 141:18 143:5 163:24 recess 23:24 62:6 94:18 117:6 139:5 Page 36 Veritext Legal Solutions 866 299-5127 Page 340 [recess - remained] 204:23 266:1 recognize 119:22 recollection 10:12 18:12,16,22,23 19:2,3,6,9 21:18 28:23 33:8 35:19 40:7 43:24 50:15 50:20,24 67:18 68:13 69:2,7,11 70:20 71:2 72:6,8 72:11 105:22 107:14 110:12 124:21 151:10 160:2,17,24 161:7 161:18 162:20,21 162:23 163:10 164:8,13 166:20 179:11 182:15,22 183:2,12 189:9 194:12,25 212:23 216:11 256:25 284:9 287:16 288:1 290:17,21 293:1 recommendation 227:9 reconsideration 162:15 163:8 reconvened 140:3 reconveyed 70:1 record 4:16 6:5,14 7:10 22:7,8 23:22 23:25 32:1 41:4 46:18 48:15 62:4 62:8 77:11 78:1 94:16,20 111:15 117:5,8 123:20 130:14 139:1 140:5 148:16 170:11,12 193:3,8 193:11 199:11 204:21 205:2 209:6 214:10 217:19 218:8 261:5 265:24 266:3 270:11,14 275:9 286:6 296:4 recorded 6:16 151:23 152:14 153:25 154:23 244:5 recorder 4:15 218:12 recorder's 63:15 recording 6:12 152:10 153:17,18 168:2 recordkeeping 27:14 records 116:1,1 121:16 126:14 146:15 147:9,11 153:14 189:5 244:6 286:21,24 287:3 recovering 99:6 redo 155:9 reduced 298:12 refer 165:19 reference 152:13 252:9 256:7 referencing 133:1 133:23 231:18 referred 232:8 referring 32:21 104:19 120:4 162:13 173:14 238:11,23 252:10 281:3 refers 166:20 232:24 245:9 reflect 89:20 193:8 reflected 171:4 218:23 reflecting 169:12 refresh 21:17 256:24 refreshed 18:12 18:15,23 19:1 216:11 290:17 refreshing 290:21 refusal 84:16 226:7 refuse 92:18 refused 255:16 258:21,21 268:11 268:19 269:1 refusing 90:1 91:11 93:3,6 regard 127:14 278:12 regarding 99:19 100:17 101:19 105:9 108:24 118:13 122:1 123:7,22,23,25 164:2 170:7 197:21 293:9 regards 137:1 regime 36:12,13 38:8 47:14 220:3 259:6 region 25:20 registrar 4:15 63:15 218:12 regular 208:17 275:15,16,19 rehire 87:15,24 reinstate 61:14 87:15,24 137:18 137:22 208:24 215:4,20 224:4 240:24 reinstated 61:20 69:1 118:9 138:6 233:20 263:25 267:5 reinstatement 22:20 49:5 61:6 71:8 101:2,15,20 108:25 115:16 116:17 117:24 118:18,24 relate 237:19 related 7:6 10:8 27:8 99:15 113:9 168:11 182:7 218:5 232:7 243:19 relates 232:13 269:25 relating 116:14 relationship 64:4 158:3,8,10,14 213:14 215:19 217:1,2 220:24,25 221:3 229:15,20 259:9 260:25 relay 57:6 relayed 253:10 release 166:7,15 175:17 177:4,22 177:25 relevance 225:24 relevant 112:12 relieve 293:19 relieved 293:24 remain 24:22 25:4 26:21 28:8 55:22 60:22 95:11 179:22 remained 180:4 281:18 Page 37 Veritext Legal Solutions 866 299-5127 Page 341 [remaining - responsive] remaining 180:2 remarkable 100:8 100:9,12 remember 46:2 50:14 54:18 67:15 90:4 117:11 161:8 161:13 164:11 179:14,18 191:16 192:3,9,17 206:6 259:14 288:4 291:10 remembered 146:21 removed 179:24 180:3,5 181:19 279:11 281:8 removing 168:21 repay 142:1 repeat 72:24 255:11 repeated 186:16 244:21 rephrase 12:4 13:11 56:4 148:2 200:7 202:2 289:8 289:8 report 56:17,21 86:22 157:17 279:3 287:9,14,23 288:4 291:9 reported 1:23 154:20 reporter 7:4 8:1 11:17,20 13:24 40:21 70:23 72:24 106:7 119:4 188:19 238:16 255:14 268:12,20 269:2 270:5 283:10 293:24 294:1 295:19 298:24 reporting 167:14 reports 155:23 258:15 repositioned 281:9 represent 156:25 156:25 representation 24:4 representative 8:23 198:6 204:11 represented 11:6 representing 7:19 7:19 24:10 157:3 200:12 reputation 231:1 262:15 request 33:21 44:19,24 45:14 46:14 49:14 51:3 51:18 52:1,9,25 53:5,10,14,17,22 58:17,23 59:2,11 59:14,21 60:9,10 60:12,25 61:2 64:10 65:23 66:2 66:19 67:23 68:9 69:1 71:6,12,17 101:25 102:7 107:25 108:4,7,24 109:1,2 114:2 119:2 120:24 121:24 122:8,25 123:5 125:5 126:2 127:9,10 132:18 133:1,16,22 135:24 136:6 137:1,14,18,22 138:10 141:19 143:12 145:11,23 146:4,11,16 149:10 156:17 158:17 161:24 162:10,13 163:2,7 164:2 167:5 174:7 187:24 189:5 197:1,3 198:22 204:16 206:22,23 208:23 209:8 215:19 238:5 239:4 251:7 253:10 260:14 265:10 286:14 295:3,6 requested 5:1 65:16 70:23 106:7 146:15 147:20 184:22 238:16 247:21 259:20 requesting 206:4 requests 61:4 121:3 122:1,12 126:15 140:15,17 148:8 261:15 require 47:1 49:8 required 11:2 86:18 114:6 requirement 82:7 requirements 78:14 79:18 80:18 81:3,19 83:17 reread 288:10 291:2 rereading 290:21 rescind 232:11,19 rescinded 233:19 research 61:13,17 61:18 141:16 227:17 241:25 243:5 247:23 researched 275:5 resolution 144:3 resolve 86:15 236:20 resolved 196:24 resolving 74:19 85:23 86:10 282:5 282:16,25 respect 91:9 179:5 207:10 229:9 243:8 respected 251:10 respectful 134:15 192:13 respond 37:20 68:18 107:15 responded 133:11 respondent 250:14 respondents 1:10 2:10 3:9 4:12 7:14 119:6 response 40:25 41:24 44:8 45:1 49:11,13,23 52:24 68:20 78:25 79:13 124:4 130:23 186:3,4 207:7 259:11 263:9 265:5 280:4 285:15 responsibilities 26:12 28:9,14 29:14 responsibility 27:11 29:16,24 87:13 99:14 100:20 228:15 262:5 responsible 28:5 234:13 responsive 95:25 125:6 126:15,25 Page 38 Veritext Legal Solutions 866 299-5127 Page 342 [responsive - sake] 127:9 132:6 140:15 145:10 149:10 150:2 rest 134:12 167:2 243:2 282:1,2 restate 113:22 restoration 32:18 32:25 36:25 99:25 100:1,18 101:3,15 101:19 117:13,23 118:18,23 206:5 209:9 281:2 restore 143:14 208:23 247:22 248:3 281:4 restored 142:17 250:3 restoring 35:11 restroom 117:3 result 31:8 77:3,14 273:22 276:6 resulted 79:15 80:4,20 81:15 274:3,7 275:21 resurrected 273:25 275:6 retained 296:3 retire 31:11,14 32:16 36:3 102:14 114:14 118:1 119:3 134:12,19 230:24 235:25 254:21 281:23,25 retired 101:24,25 113:24 117:15 118:6 165:5 187:6 198:14 retirement 31:8 34:18 83:15 113:16 115:20 131:9 134:21 142:9 180:24 186:11 281:10,25 retiring 33:10 71:24 151:11 retore 133:17 return 86:18 109:9 138:9 173:17 174:4 260:2 294:14 returned 166:14 184:20 294:18,25 returning 46:10 101:3 136:3,11,16 reveal 37:25 89:8 91:17 93:1 191:14 revealed 220:1 247:24 reverse 245:3 review 13:23 14:3 17:22,25 18:8,11 86:17 157:9,11,20 157:24 158:5 253:17 254:5,14 294:5 reviewed 18:13 reviewing 18:4 revise 272:13 273:21 revision 47:25 272:21 revisions 145:3 rewrite 102:17 140:21 210:4 221:5 222:8,19 rewriting 102:11 221:20 richardson 151:24 152:6,8 rid 38:25 146:2 224:21 ridden 39:3 ride 159:17 right 8:13 10:15 10:19,22 11:18 14:11,20 23:4 29:3 45:24 50:23 51:14,24 52:8 54:3,16,18 56:8,11 59:12 61:11,24 63:24 64:22 67:23 80:22 81:22 82:17 89:2,7 93:1 94:11 94:14 98:13 99:2 106:13,16 117:19 118:20 120:9,12 120:17,21 121:22 122:2,5 123:6,9 124:2,12,18 128:2 129:3,5 131:20,25 132:12,14 148:22 153:19 163:12,13 163:15,18,22 165:9 175:10 179:21 183:16,19 185:2 189:5,20 194:23 200:20 201:4,12 204:18 207:18 208:10 211:6 215:1,8 223:15 231:10 239:24 243:22 247:11 249:12 250:7,12 252:4 254:24 255:24,25 257:10,15 260:18 261:22,23 262:3,3 262:22 265:22 271:20 274:17 275:25 276:3 280:11 289:1,11 289:18 290:9 292:15,17 293:4 295:13,14,16,21 295:25 rights 244:3,13 281:2 ring 164:9 ringing 162:24 risk 39:6 180:7 234:15 road 258:17 roam 104:20,22 106:24 107:11,11 151:25 152:7,11 156:4,9,18,24 212:4,7 214:21 250:15,16 278:24 279:6 robust 156:21 224:20 role 10:4,6 55:2 87:14,17,18,23 95:9,13 137:18,22 138:8,14 198:12 217:17 225:3 229:5,20 rolling 293:22 room 22:4 roughly 223:25 rule 12:16 rules 12:19 154:5 154:12 179:22 209:10 rumors 39:2 run 294:7 running 236:19 s s 3:10 4:8 51:11 173:21,22,23 260:4 sake 236:9 289:17 Page 39 Veritext Legal Solutions 866 299-5127 Page 343 [salary - service] salary 180:19 282:1 salvo 224:19 sanchirico 3:5 7:21,21 295:15 sand 186:21 sat 131:2 280:8 satisfied 107:11 satisfy 78:15 save 142:13 143:1 saw 33:16 37:15 38:4 47:18 108:11 175:19 191:20,22 191:25 192:2,3,15 193:14 207:25 236:21 275:13 289:20 saying 29:5 42:6 45:3,7 61:11 90:12 98:3 114:19 117:11 124:8 130:3 131:10 133:6 136:4,19 137:6 142:23 143:19,25 144:14 174:23 177:4,21 183:1 191:17 194:10,24 202:22 224:3,14 226:20 273:19,24 280:19 281:13 282:19 284:19 286:23 says 49:25 132:16 133:19 165:24 166:7,18 174:17 175:11 176:1,16 177:2 179:8 225:15 232:14 240:5 244:18,22 249:14,15,15 250:9,14 257:6,17 260:11 262:23 264:25 293:10 scenario 171:12 scheduling 16:10 16:10 20:12 scope 82:12 84:3 scott 28:7 221:24 222:1,25 scout 235:11,16,19 scratched 231:9 se 153:24 search 121:6 124:11 126:14 127:6 146:14 searching 121:15 146:22 seated 174:11 225:10 271:23 second 8:14 15:11 19:22,25 26:15 34:6 39:13,14,18 39:21 40:2,12 46:17 47:24 87:4 113:7 120:11 133:24 141:15 165:6 196:21 210:1,7,12,23 211:5 215:3,12 226:23 231:20 243:9,19 245:9 252:4 secondly 289:10 secret 55:22 secretary 172:2 section 82:9 85:2 see 9:10 49:11,24 114:17 119:16 120:6,19 124:25 141:17 176:4 217:20 222:11,18 230:10 232:4 239:25 240:7 241:12 247:5 249:7,13 251:12 251:14 257:7 261:18 262:8 267:17 291:9 seeing 63:7,22 169:24 206:14 275:18 seen 141:24,25 142:20 206:21 208:1 222:14 236:9 237:15,17 254:1 273:24 275:1,5 288:14 selected 138:13 selection 248:10 self 169:3 selfish 115:24 selfishly 115:19 134:20 send 174:7 261:23 268:2 294:1 sense 210:20 214:18 217:15,20 220:6 241:16 251:16 sensitive 6:8 sent 127:15 129:12 129:17 130:23 131:16 134:24 137:5 144:19 164:21 200:24 211:13 281:1 sentence 133:19 133:24 142:11 292:24 separate 15:7 76:24 142:4 175:24 232:25 separated 142:16 174:9 241:19 separates 142:8 separation 143:11 september 27:25 111:18 223:7 287:18 sergeant 24:24 25:2,4 104:18,20 104:22 106:24 107:11 156:19 212:4,7 214:20 235:3 237:9 250:16 275:13 278:24 279:6 sergeants 104:1 serve 280:10 served 28:22 30:21 41:25 44:9 44:20 72:7,12 112:22 115:3,9 119:24 120:8,20 120:22 132:20 165:13 180:10 service 32:20 76:2 76:15 77:7,20 78:18 79:3,16,22 79:25 80:5,22 81:1,14 103:24 106:3,21,25 132:16,20 142:2,8 142:16 150:22 151:5,14 155:8 156:4,6,10,13 157:16 164:24 170:24 179:22 207:14,16 212:1 212:20 213:5,25 214:25 249:19 250:6,19 251:12 251:16 252:14 Page 40 Veritext Legal Solutions 866 299-5127 Page 344 [service - side] 253:20,23 254:11 273:13 277:2 278:2,11,13 279:1 279:7 280:23 282:13,18,23 283:2,4 286:25 287:9,23 291:6 services 30:4,4,5,6 30:7,13 135:9,11 280:24 serving 165:1 180:13,17 session 4:4 set 41:23 42:2 105:12 175:10 236:4 249:23 269:3 283:6,9,21 setting 127:5 settle 75:8 76:12 77:6,18 78:15 79:19 80:19 81:5 81:19 83:18 settled 270:20 271:2 settlement 4:11 34:5 43:1,5,14 44:4,11 45:11 72:17 73:3,23 74:20 82:10 85:22 86:7,9 128:6 133:2,18 138:23 140:22 141:5,8 143:22 144:10,10 144:19 145:3,5 173:23 174:5 175:23 178:8 197:2,4,13 199:4,5 199:21,22 201:6 201:17 211:14 227:23 230:5 231:25 242:1 205:15,22 208:18 245:12 247:21 209:16 220:11,16 249:24 255:4 221:4,19 222:9,10 260:5,6 266:18,20 222:18,23,25 266:21 267:3,8 223:2 224:19 271:7,9,18 272:4 225:4,9,11,12 272:21 273:22 229:22 237:11 274:7,13 275:2 238:1,3,10,15,22 276:6,10,12,21 239:3,4,7,11,19,23 282:4,15,24 283:4 240:6 249:13,18 settlements 75:23 259:18 263:15 86:3 274:3,11 269:19 271:15,17 settling 74:19 271:18,19,21,22 seven 254:5 271:23,24,25 sexual 27:8 280:5,10,13 shakes 11:16 281:19 shape 195:2 sheriff's 1:7,9 2:7 share 69:24 2:9,15 4:13 7:15 186:11 7:17 8:23 9:3,12 shaw 54:13 10:2 25:13,19 sheriff 1:7 2:7 30:22 31:4,7,11,15 4:12 8:21 24:15 32:16 33:10,23 24:20,23,23 28:1,5 34:25 35:6 37:4 33:22,22 34:1,23 44:3,7 47:3 48:6 35:5 36:10,11,15 48:17 54:1,23,24 36:16 37:1 39:9 55:23 61:5,19 47:9,17,22 48:7,8 68:21 71:22,24 48:9,11,18,20,22 75:2 83:13,17 48:24 50:5 62:22 88:5 93:15 98:18 63:5 66:4 68:16 118:15 119:7 72:7 76:20 79:11 125:24 138:20 86:21 88:24 91:13 140:24 141:3 92:1 94:24 95:4 146:25 150:17,18 95:19 96:6,10,15 151:11,23 154:4 100:2 109:11,20 154:11 155:18 111:4,11,13 112:3 160:23 180:10 112:9 119:6 181:2,19 182:8 133:22 138:16 187:4,24 195:16 141:16 144:14 195:22 202:18 150:12 181:4 204:2,5,14 206:13 191:11 203:8,11 206:17,19 207:13 203:18,24 204:3 207:20 208:7,8 213:8 217:14,18 219:24 221:22,23 222:20,20 235:9 235:12,20 237:13 238:2,7,10,21 244:22 246:19 250:15 267:4 269:25 270:19 272:9,10,18 273:13,19 274:3 279:12,12 sheriffs 222:4,6 274:21 shock 285:21 shoo 189:16 shootings 27:6 short 109:7,9 117:2 208:13,14 208:17 209:8 265:17 shorthand 298:11 298:23 shoved 116:6 show 40:18 85:1 90:10 191:10 249:8 showed 184:2,13 184:17 showing 245:12 288:6 shows 129:18 130:24 211:2 249:12,18 sic 77:21 279:24 sick 142:11,12,24 142:25 143:9 165:3 194:3 242:6 242:15 285:25 side 33:4 156:21 166:5 231:19 Page 41 Veritext Legal Solutions 866 299-5127 Page 345 [sided - stamped] sided 141:1 260:2 sides 207:9 252:17 sign 46:12,22 47:2 50:4 82:10 85:6 85:22 86:2,8 133:17 221:10 228:22 264:18 271:7,9 272:4 282:24 signatory 230:9 signature 298:22 signed 54:6 282:5 282:8,11,15,22 283:3 294:13,18 294:20 significant 217:17 246:24 251:14 281:10 silence 37:22 similar 217:23 218:9 simple 24:8 simply 280:20 simultaneously 84:22 single 101:16 sit 254:24 sitting 11:11 33:3 290:20 situation 57:22 216:12 227:8 237:10 252:17 six 54:8 55:9 skelly 79:1 253:18 skill 286:17 skip 3:4 7:18 18:21 64:18 84:23 slate 233:8 237:13 slightly 221:18 286:3 smacked 210:4 221:13 small 27:15 smelled 109:13 smiller 3:7 smith's 111:17 snotty 283:13,17 sole 85:5 solid 104:8 solutions 7:5 296:3 solving 29:22 somebody 102:22 109:9 110:13 111:9 125:10 141:20 164:19 194:16 230:21 248:9 someone's 102:12 109:2 somewhat 33:14 99:21 114:10 sorry 19:12 26:6 81:9,9 130:3,17 137:20 169:9 214:9,12 218:16 220:15 236:13 238:17 284:19 291:25 295:20 sort 29:15,20 168:18 172:13 176:6 178:11 189:16 210:15 213:13 226:9 246:23 251:17 256:11,23 257:2 276:14 sotto 193:5 sought 61:14 204:6,12 237:12 sound 65:15 72:14 72:15 106:13 195:1 sounded 160:25 sounds 80:7 160:16 254:4 273:6 south 2:16 3:11 6:25 span 275:1 speak 40:5 51:2,12 69:5 70:24 106:8 106:24 110:3 182:12,19 183:3 183:21,24 184:3 198:20 204:6 268:12,19 269:1 speaker 11:22 speaking 55:21 64:20 80:15 84:22 90:23 168:8,20 169:13,15 183:12 196:19 266:7 284:25 speaks 268:9 293:2 specific 21:1 29:24 36:14,18 85:15 141:10,10 145:2,2 154:16 161:14 178:6 179:11 190:1,2 195:6 282:21 288:2 specifically 55:4 65:11 115:22 122:14 187:1 188:9 191:16 192:11 194:20 specifics 288:8 speculate 70:13,15 70:25 274:5 speculation 20:19 20:22 70:22 212:18 225:25 227:15 229:3 238:13 239:1 241:5 242:19 245:7,22 248:6,18 260:23 261:1,7 263:21 266:24 267:10 speech 85:11 speed 47:10 spell 50:7 51:8 spelling 111:16 218:13,14 spend 18:3 spent 148:23 spite 64:14 186:16 209:16 262:12 spoke 51:5,25 56:9 70:4 104:25 107:9 158:15 169:10 172:5 182:15,22 196:16,21 202:5 202:16,17,24 203:2 spoken 21:6 107:10 151:17 203:10 286:3 spouse 21:11 squiggly 176:10 ss 297:2 298:2 stack 40:21 staff 138:20 159:14 237:12 stage 46:15 78:17 stale 273:25 275:6 stalker 253:1 stamp 220:4 stamped 8:12 145:9 Page 42 Veritext Legal Solutions 866 299-5127 Page 346 [stand - supervisory] stand 91:16 110:4 236:5 262:16 standard 144:1 168:18 standards 102:3 105:21 109:6 140:21 234:8,12 262:10 274:24 standing 64:5 270:4 stands 92:23 194:1 stars 3:5 start 8:8 99:2 235:12,15 started 33:13,14 161:19 258:16 starting 109:22 157:14 state 1:1 2:1 6:22 7:9,12 14:15 83:3 84:14 85:12 90:24 232:17 289:7 290:9 297:1,6 298:1,5,25 statement 10:19 123:19 137:4 144:17,18 226:1,2 226:7 228:19 271:21 288:21 statements 224:20 states 163:15 233:23 stating 91:3 station 25:19 212:24 213:8 215:25 stationed 25:17 statistics 172:12 status 40:8 67:22 68:9 69:5 134:16 225:21 240:17,22 statute 175:13 stay 100:10 step 110:2 249:17 249:17 steps 118:9 steve 159:24 160:21 161:1,23 162:5,9,22 163:2 164:16 183:4,13 stipulate 17:4,10 stipulation 293:9 293:13,24 stood 192:6 stored 165:4 story 187:9 269:13 strange 141:19 street 2:16 3:11 6:25 strength 251:23 strengths 95:21 252:20 strike 16:19,20 21:14 22:17 37:12 42:7 66:15 67:13 76:18 87:11 95:22 100:24 102:23 103:8 107:3 111:24 127:18 135:10 136:5 144:24 148:6 150:14 152:4 159:23 161:22 180:23 182:18 185:3 191:21 196:1 197:23 200:6 204:4 213:20 239:14 271:8 strong 64:3 104:14 219:20 study 286:23 287:2 studying 247:3 stuff 114:14 181:14 256:21 stunning 209:11 subject 10:7,11,13 10:17 71:21 78:5 112:12 154:8,15 154:22 163:24 184:17 185:4,11 185:16,20 subjectively 65:21 subjects 135:16 submit 162:14 163:7 286:13,15 294:11 submitted 125:8 126:23 submitting 189:4 subordinate 158:9 159:2 subordinates 158:25 subpoena 8:10 40:25 44:9,20 45:2 112:23 114:16 115:10 119:17,20,24 120:6,8,23,25 121:2,8 122:9,10 124:4,20 126:2 127:7,11 130:5 140:11 145:12,24 146:5,17 147:20 148:9 149:19 165:14 205:11,13 205:20,22 subpoena's 41:24 subpoenaed 269:16,18 subsection 249:16 subsequent 47:19 157:12 219:6 substance 16:7 20:15,20 51:23 57:17,18 85:15 186:14,15 substantial 237:17 237:20 substantive 20:2 52:4,16 128:10 substantively 15:24 144:15 succession 178:25 sufficient 105:6,15 292:24 suggest 286:13 suggested 264:11 suggesting 126:5 153:5 suitability 111:12 suite 3:5 sullivan 3:10 summary 211:3 superior 1:1 2:1 6:22 83:21 155:14 155:19,25 206:13 270:21 271:3,12 supervised 234:11 supervisor 134:25 158:9 supervisor's 199:2 199:18 supervisors 198:6 200:6,8,13,23,25 201:14,23 202:7 202:25 203:8 290:24 291:5 supervisory 73:15 73:25 74:8 75:10 81:18 83:19 87:25 Page 43 Veritext Legal Solutions 866 299-5127 Page 347 [supervisory - tenure] 204:2 support 88:15 89:6 92:24 93:23 96:14 105:6,15 111:10 219:2,11 220:9,10 290:18 supported 92:24 111:3,9 supporting 105:10 239:11 248:16 286:24 287:3 supposed 136:20 153:13,19 288:14 sure 13:16 27:12 29:21 41:4 72:23 74:5 110:1,13 124:8 145:7 163:18 172:10,14 177:15,18 198:23 199:12 202:12 204:19 226:21 228:15 251:20 258:11 surgery 97:12 99:7 surprised 100:13 suspect 109:18 112:6 suspected 38:20 suspension 244:20 sustain 232:22 244:19 sustained 210:8 233:14 253:21,23 swear 8:1 swearing 47:21 263:19 sweeping 237:16 sworn 8:5 47:9 68:17 72:18 73:4 78:16 263:15 264:2 282:6,16,25 298:7 synopsized 210:16 system 60:23 95:10 209:9 232:16 244:7 249:5,8 261:12 systems 242:23,23 t t 4:8 table 33:4 167:9 175:21 176:10 tactics 39:25 210:18 take 6:13 11:21 20:14 44:2 47:17 61:25 68:16 94:11 94:13 109:11 113:14,23 114:3,8 114:20 116:13 117:2 118:9 121:10,18 122:18 124:1 127:1 135:20 146:23 147:11 148:18 159:15 161:10,10 164:17 168:13,14 168:17 173:10 176:3,7 178:10,10 181:2 190:18 204:18 213:6 232:1 236:22,25 240:14 243:24,25 247:4 249:7 251:11 265:16 271:22 272:5 285:20,25 taken 1:15 2:14 6:16 23:24 62:6 94:18 116:22 117:6 204:23 209:12 266:1 291:22 298:10 talk 16:14 67:7 90:7,7,7,11 100:10 131:22 185:23 186:18,20,22 187:13 189:14,24 190:21 193:19,21 214:8 255:17 256:13 259:1 262:14 269:6 talked 46:13 63:21 158:10 181:12 206:2 207:3 223:10 talking 41:5,14 43:18 74:15 79:23 81:21 84:24 90:6 113:13,19 123:11 123:12 133:16 159:6 186:6 190:23 191:8 194:15 226:15 260:8 266:21 273:9 277:22 278:8 talks 85:3 141:10 tamp 251:13 tape 151:23 153:17,18 task 33:24 114:12 167:20 197:7,10 tasks 176:19 taylor 98:1 117:22 152:9,11,19,19,25 287:13,24,25 288:15 290:15 taylor's 290:24 team 27:4 172:9 239:8 258:24 technical 23:20 telephone 16:4 264:22 278:23 tell 16:12 33:7 41:22 57:2 64:6 66:23 91:11,14,23 92:16 103:23 104:21 106:2 107:3,8,24 115:17 117:10,21 118:8 118:12 128:17 129:24 160:4 161:6,20 162:8 164:7,10 168:21 170:3 173:6,14 176:13 178:22 179:10 181:17 185:15 190:19 195:3 241:14,22 242:11 243:15 249:1 250:25 251:5 256:18 258:21 260:20 269:12 271:24 276:22,25 278:21 279:23 283:3 284:18 293:16 telling 33:15 94:10 152:23 174:6 176:2 189:3,21 194:18 203:1 226:20 260:13 262:13 269:13 270:5 276:18 286:4,20 ten 62:2 tens 281:23 tenure 87:8 160:23 162:6,11 163:4 276:20 Page 44 Veritext Legal Solutions 866 299-5127 Page 348 [term - time] term 19:1 208:12 277:6 terminate 225:14 259:25 terminated 32:19 38:12 225:16,16 terms 53:5 64:10 75:19 88:7 144:21 189:4 274:12 276:21 terri 98:1 117:22 terrible 91:19 test 64:11 65:8 66:12,17,22,24 137:8 259:13,16 259:16,17 261:14 292:21 testified 8:6 13:1 46:8 50:21 96:21 103:4 183:14 196:20 202:17 206:7 208:21 211:23 243:4 258:1 259:11 263:9 265:5 267:15,21 271:15 278:6 279:25 283:5 284:8,23 testify 17:23 21:10 52:15 89:17 90:17 181:23 242:4 280:1,4 291:6 298:8 testifying 18:20 22:24 84:15,18,23 85:14 218:23 269:13 285:2 289:6 290:10 291:11 testimony 14:14 14:20 21:14 40:10 45:19 71:1 90:19 97:4 209:3 214:4 215:16 216:5,7,21 242:18 243:13 245:6 247:13,18 254:4 255:20 259:14 261:8 264:6 266:5 267:19 268:17,22 270:18,22 272:10 272:18 277:25 280:12 284:23 285:2 292:2 296:1 testing 291:19 thank 6:19 7:23 9:13 32:12 41:19 50:10 201:5 281:20 293:7 296:4 thankful 192:9 thanks 192:23 265:23 that'd 9:8 thief 236:18 thing 106:1 115:19 116:18,21 117:25 141:13,15 146:20 156:12 161:7 189:17 238:3 240:4 things 27:15 29:22 30:9 45:21,23 100:9 109:21,22 114:13 116:5,9 121:11,19 123:3 124:24 141:2 142:10 147:5,6 163:11,17 169:25 177:9,20 178:6 205:25 240:16 257:1 258:13 261:19 265:12 286:20 think 13:2 38:18 45:5 60:10,15 63:14 65:9 67:6 68:13 76:9 78:8 82:18,19 83:10 88:12,14 91:6,9,19 94:25 100:6,22 102:20 108:18,19 113:18 115:12 158:8 161:5,8,19 173:5 174:13,22 177:9 180:21 181:12 188:22 190:2 191:7,25 192:2 193:24 194:9 206:4 211:24 215:1 217:5 225:19 228:18,25 234:5 237:4 248:2 252:7 263:1,9 265:4 277:15,19,22 281:3 282:5 283:15,16,20,25 286:8 292:24 293:2 295:12,13 thinking 82:22 third 7:2 178:24 thought 38:15 60:4,8,9 64:19 65:2 66:23 95:24 107:25 108:6,13 112:2,10 124:16 126:9 138:4 142:19 147:22 160:25 174:12 187:3,23 188:13 190:25 200:12 209:1,6 214:12 216:16 219:17 228:21 229:16 278:8,22 281:14 thoughts 170:22 thousand 274:15 275:2 thousands 274:9 274:18 281:24 threat 33:14 63:23 64:11 65:8,12,13 65:24 66:12,17,22 66:24 137:7 224:10,24,25 226:3 257:25 258:8,8 259:3,7 267:16 292:20,23 threaten 90:20 225:21 threatened 259:8 threatening 64:2 65:15,22 268:3 291:18 three 15:9,22 19:15 25:6 35:17 55:9 101:16 117:11 145:14 201:17 203:2 threshold 27:7 thrown 194:25 thursday 1:15 2:16 6:2 tie 272:8 tied 261:17 till 44:7 time 6:5 7:12 11:22 14:5 17:13 24:13 27:13 28:19 28:20 29:4 35:1 35:24 36:1 39:3 40:3 44:6,7,20 54:20 55:1 62:7 Page 45 Veritext Legal Solutions 866 299-5127 Page 349 [time - two] 62:10 76:19 80:15 80:21,25 87:12 94:19 100:6 103:2 103:22 105:12,22 106:2,19,22 107:4 107:5 112:22 113:2 115:6 116:12 117:7 134:24 135:14 140:4 141:17,21 142:10,13 143:1,1 143:9,10 146:24 148:17,23 149:18 150:7,9,24 155:11 157:11 158:3,15 159:18 161:15 164:16 165:3,4,13 170:22 171:3 174:9 178:16,17 180:9 181:3 189:12 191:22 193:14 196:18,20 196:21 204:9,15 205:1 206:12 207:25 208:1 212:22 213:12,16 219:18 223:4,4,24 225:3,9,14,17 233:24 234:7 236:22 237:8 239:8 241:25 247:25 251:11 253:12,25 260:15 262:21 266:2,18 270:8 274:15,23 275:3 278:17 280:8 288:9 289:2 291:15 294:14 295:5 298:11 timecard 247:24 timeline 46:19 48:4 63:6 times 9:20 12:23 13:13 15:6,22 59:23 86:20 126:23 129:23 132:5 145:14 158:10 169:8 183:15,19 187:22 191:24 192:1,16 208:6 236:9 255:13 256:8 268:12,20 269:1 283:10 timing 178:22 179:5 184:10 tired 286:1 title 249:5,8,18 titled 130:20 today 6:6 11:7 14:14,20 22:25 45:19 46:8 96:24 132:16 145:21 146:1,7 149:23 164:23 196:2 269:15 today's 296:1 told 45:21,23 46:1 50:14,18 56:25 57:4,20 58:1 67:14 99:9,11,13 99:14,21 108:8,10 113:5 117:14,18 135:24 136:4,6 156:3,8 163:4 166:1 171:2 172:2 179:13,17 181:10 186:5,6,20,21 187:6,12,16,17 188:1,9,15,20,22 188:23 189:9 190:12 193:21 213:3 226:9 263:23 264:7,12 264:15,19 277:4 283:10,21 284:23 285:21 286:15 tom 98:11,16,16 118:19 tomorrow 295:19 tomorrow's 295:20 tone 59:19 60:7 65:6,14,21,24 top 114:12 121:14 127:19 132:15 140:21 165:18 239:25 249:14 257:5 292:4,19 topic 21:1 total 17:20 218:1 296:2 totality 186:13 totally 222:8 town 219:11 track 63:16 training 234:9,12 234:13 274:24 transcribed 11:17 transcribing 11:20 transcript 13:24 14:4 184:16 294:2 294:6,8,12,16,17 294:19,20,24 295:4,7 298:13 transcripts 293:9 transferred 146:8 146:9 transition 36:12 172:9 transmitted 137:15,19 164:2 transportation 30:17 traveled 101:6 treated 254:25 trial 295:5 trip 97:17 101:4 true 14:12 177:19 297:7 298:13 truth 298:8,8,9 truthful 14:19 try 136:22 138:1,5 222:7,18 244:1 256:10 trying 75:6 76:8 78:13 106:16 114:12 122:20 124:14 136:7,13 136:15 137:2 145:15,17 148:22 155:9 164:24 174:20 175:2 200:21 210:4,9 236:20 240:23 242:9,10,14,24 243:9 245:16,25 247:10,22 279:20 282:20 turn 6:10 70:24 82:23 106:9 tv 99:12 two 16:3 17:18 22:11,16 26:23 28:11,12 30:1 55:9 68:3 91:25 98:5,12 108:12,21 110:5,20 118:19 166:1 175:17 177:4,25 211:12 211:20 212:15 217:23 218:1 223:17 228:20 Page 46 Veritext Legal Solutions 866 299-5127 Page 350 [two - vague] understand 10:14 265:10 273:9 10:17 11:4,16 290:24 291:5 12:3,7,14,21 13:7 295:2 14:4,7 20:6,9,24 type 27:9 60:24 36:7 40:1 41:4 209:19 253:3 55:25 56:2,6 typewriting 63:24 64:1 75:20 298:12 86:1,6 89:10,19 typical 253:3 113:10 122:3,21 typically 154:23 124:8 126:2 132:8 155:3 138:11,16 142:21 u 143:13 144:9 u 175:5 264:25 145:7 149:16 265:1 155:7 179:21 uh 28:25 29:6 67:9 201:25 209:18 121:21 126:18 223:12 224:16 173:20 226:15 229:11 ultimately 47:4 232:15 240:17 100:10 242:22 243:5,8 un 91:16 244:2 272:1,24,25 unavailable 192:8 279:14 280:22,23 295:8 281:11 287:7 unbecoming 93:17 understanding 283:18 18:22 36:9,15 uncomfortable 67:11 73:22 75:6 108:15 188:10 76:17 77:4,16 224:13 251:9 80:14 81:18 82:6 277:5 83:16 86:13 underlying 276:11 129:11 138:19 undermine 287:23 143:7 145:19 underneath 169:13 172:8 170:23 175:13 201:19 202:4,6 undersheriff 49:9 210:16 216:25 49:10,19 50:3 273:3,12 280:11 51:2 56:25 57:6 281:5 292:1 57:19 58:10,15,20 understood 12:5 59:5 70:12 79:11 13:21 35:20 57:15 86:25 87:1 109:20 60:12,14,21 61:1 174:17,24 179:1 78:14 80:18 86:11 263:1,3 107:21 142:23 undersheriff's 177:5 201:21 47:4 86:22 202:14 203:6,22 230:25 272:16 undertaking 276:23 undo 207:20 unethical 31:17 32:4 102:1,7 108:1,4,7,20,25 109:5,13 118:3 119:2 137:15 177:12 180:8 187:5 209:2,7,25 216:16 217:8 219:17,21 220:2 221:14 231:2 232:2 236:8 251:8 252:1 unfolded 217:12 unfounded 39:17 39:23 167:7 168:23 232:17,20 233:4,15 245:13 unhandwritten 128:21 unheard 53:18 unintentional 114:11 uninvited 184:2 union 220:10,11 unit 6:15 54:3,6,24 253:14 united 163:15 units 296:2 universe 202:13 unmarked 131:18 131:19 unnecessary 285:12 unprecedented 46:13 53:17 61:2 61:9 66:19 109:2 109:13 143:20 144:8 206:8,10 207:4 221:14 unprofessional 252:2 unsigned 197:12 unusual 109:12 142:19 unwarranted 60:9 upcoming 138:14 update 134:16 upheaval 287:19 upheld 156:11 254:15 uphold 244:19 254:2 upper 61:5 ups 237:11 upset 231:11 236:13 237:2 267:21 269:9 urgent 68:15 urquhart 3:10 use 19:1 39:25 75:20 166:21 207:9 216:9 233:3 256:23 262:15 273:3 v v 175:16 vacation 142:12 142:12,25,25 143:10 165:3 242:6,15 vague 20:6,21 39:24 56:3,7 65:17 73:13 75:4 75:12,19 154:9 162:21 164:10 182:3 202:1 206:24 220:12,17 Page 47 Veritext Legal Solutions 866 299-5127 Page 351 [vague - wanted] 98:4 99:4 101:2 241:16 250:22 101:14,19 112:8 vaguely 161:8,13 117:12 137:14 variety 27:15 167:12 278:17,19 275:3 276:16,16 views 96:17,25 various 219:12 99:19 100:17 varying 275:11,12 117:19,22 118:17 vehicle 182:13,21 118:23 210:19 veiled 224:9 226:3 villanueva 1:7 2:7 4:12 6:21 7:14 vera 194:8 35:5,9,20 36:8,11 vera's 194:13,21 36:13,15 37:19 195:1 38:8,12,18,22 39:8 verbal 253:3 47:17,22 48:9,21 verbiage 141:22 50:5 62:14,17,22 verifying 249:10 62:24 63:4 68:16 veritext 7:4 296:3 88:7,23 89:20 versed 180:22 91:12,22 92:19 version 128:22 93:14 94:24 95:4 131:18,19 294:22 95:18 108:11 versus 6:21 8:12 111:18 119:7 88:7 138:13 173:10 victim 154:21 179:23 181:4 victor 62:24 203:8,11,18,24 video 6:12,16 204:3 205:15 288:16,19,24 209:17 218:15 289:3,15,22 219:3,10 220:3,11 295:25 220:15 221:19 videographer 3:16 223:5 225:12 6:4,19 7:23 23:22 229:17 233:7 23:25 62:4,7 239:3,7,11,21 94:16,19 117:4,7 242:9 245:2,16 139:1 140:4 247:10 248:15 204:21 205:1 253:10 259:5,19 265:24 266:2 261:2 263:15,16 270:10,13 293:22 263:19 264:2 295:24 269:19,19 271:15 videotape 293:21 271:20,22 272:3 videotaped 1:14 272:11,19 273:20 2:14 280:20 281:14 view 58:16,21 291:13 94:23 95:2 97:8 villanueva's 108:22 110:6 133:22 224:19 225:3 239:4,19,23 vindicate 191:1 vindicated 191:4 vindication 191:3 191:6 violate 187:8 269:7 violating 286:8,10 violation 27:5 violence 165:23 232:9 273:5 287:8 287:24 virtue 252:14 visibility 274:8,12 visit 184:11 visited 117:12 visits 142:2 vitality 261:17 272:9 voce 193:5 voice 60:8 volition 205:17 volume 182:6 275:17 voluntarily 205:17 205:18 vote 90:14 voted 89:6,8 91:17 91:21 92:14,25 93:23 95:6 voters 63:15 votes 219:12 voting 90:15 91:18 vouch 213:23 215:13,23,24 vouched 216:17 vs 1:6 2:6 w wait 11:22,24 15:11 16:11,11,11 16:11 23:1 31:24 47:8,14 55:24 57:5,5,5,5 67:2,2,2 69:16,16,16 199:8 199:8,8,8 walk 236:12,14,18 281:18 walking 161:19 wall 63:8,10 116:5 want 16:14,14 25:3 27:24 51:19 57:6 59:24 64:24 79:8 84:13 85:12 89:16 90:17 91:25 92:18,22 93:13 95:7 109:7 110:15 142:1,16 143:16 144:20 171:10,11 178:2 181:24 188:11,15 189:13 189:17,23 194:2 202:23 205:24 220:4 221:17 223:12 224:3,4 231:14 236:22 237:15,21,25 241:20 248:2 258:5,23 262:14 264:10 266:13 268:8 277:10 286:16 295:16,21 295:22 wanted 34:4,8 39:14,15,22 47:7 47:13 48:7,9,10,19 48:22,23 50:5 68:22 95:3 105:3 109:24 113:4,5 Page 48 Veritext Legal Solutions 866 299-5127 Page 352 [wanted - work] 132:6,17,25 134:14 141:13 172:14 177:14,17 184:3 185:23 186:1,18,22 187:13 189:23 190:18,24 194:2 209:17 217:16 220:5 221:5 229:22 233:4 240:16 243:7,25 244:1 246:12 247:5 251:10 259:2 261:14,19 262:15,25 263:17 263:18,24,24,25 264:8,8 265:12 268:7,13 271:16 285:17,24 wanting 39:12 138:8 178:12 190:17 232:19 286:11 wants 106:20 188:3 238:3 259:18 271:23 warrant 33:10 warranted 47:25 waste 155:11 watch 99:11 watching 99:8 way 55:2 59:1,18 68:19 72:4 76:4,7 90:9 94:25 95:5 100:13 106:19 111:2 112:8 133:9 138:4 143:13 150:10 155:13 157:9,20 164:6 170:13 176:13 178:13 188:7,23 194:4 195:2 223:13 236:21 239:6 251:3 254:20 256:24 257:1 262:4,11,19 271:10 276:14,18 278:24 279:6 280:22,23 ways 276:9 we've 211:14 223:9 226:18,21 226:24 260:8 weaknesses 95:21 251:15 252:21 webpage 129:23 website 126:23 week 33:25 146:24 158:19 159:19,25 160:5 182:8 228:7 236:1 256:3,7 weeks 19:16 35:17 120:9 welcome 85:11 wendy 54:13 went 31:3 102:21 114:17 128:18 177:7 232:6 236:6 236:7 253:22 258:16 259:1 292:12 west 3:16 7:3 212:24 213:8 215:25 261:25 whatsoever 232:22 whispering 6:8 193:9 wife 110:19 willing 46:23 64:5 64:8,13 177:22,24 177:25 180:7 186:20 261:18 win 92:1 93:14 95:18 window 290:1 winner 35:21,24 36:1,8 wipe 167:6 209:25 210:9 233:8 237:12 wiped 264:1 wisdom 100:22 wise 184:5 wisp 164:10 withdraw 216:6 283:13 withheld 140:13 witness 4:2 8:2 10:4 15:15 16:17 17:4 18:21,25 21:12 22:9 23:17 36:19 45:6 50:9 51:21,24 52:2,5,8 52:19 53:3 57:8 57:11,13 58:7 59:8 67:5,9 69:22 70:16,21,24 71:2 73:9 75:17 76:4 77:9 78:23 80:9 80:12 85:7,16 87:1,5 88:12,14,18 88:22 89:5,10,21 89:25 92:8,11,23 93:17 95:9 97:6 98:19,22 104:11 105:19 106:1,5,8 106:18 113:19 125:14,17,20,22 130:7 157:2,4 160:16 171:7 178:21 181:15 190:2 195:9 200:16 203:10 207:1 210:12 212:9,19 214:2,5 215:17 216:3,8,23 219:5,14 220:19 221:2 222:14 226:1 227:16 228:12 229:4,19 233:11,22 239:2 241:6 242:20 245:8 246:4 247:20 248:7 258:3,10 261:9 264:7 265:18 273:8 279:19 288:14 290:11,14 290:25 294:3,5,10 294:13,25 298:6 298:17 witness's 82:13 84:3 295:6 woman 279:23 won 35:6,9 204:4 woolum 159:3,5,8 159:10,17 word 63:19 108:18 128:2 129:2,8,13 130:20 words 11:15,21 107:13,18 111:11 162:11 207:22 225:8 227:12 228:25 229:14 237:22 239:21 257:20 work 34:7 37:4,6,9 46:11 96:5 134:9 136:1,3,7,9,11,16 136:20,21 138:9 158:12,24 165:7 166:14 173:17 Page 49 Veritext Legal Solutions 866 299-5127 Page 353 [work - zero] 174:4 177:18 186:8,9 196:11 258:14 260:2 261:18 270:6 275:16 291:13 295:21 worked 71:25 72:3 83:13 131:3 135:11 149:23 212:23 251:9 working 29:21 31:6 136:15 144:23 178:12 213:15 269:24 works 170:13 180:21 worries 253:9 worry 64:7 100:20 100:21 226:6 writ 81:16,17,24 81:25 83:20 155:14,19,24 271:3,11 write 241:15 256:21 writer 183:19 writing 167:12 168:19 174:18 179:19 186:1 239:25 258:16 263:2 written 16:22 61:21 66:10 124:22 140:25 176:11,20 178:9 227:24 268:2 wrong 85:9 232:16 288:24 289:10 wrongdoing 212:7 212:10 wrote 128:17 140:20 165:17 171:19 174:25 175:6,6,14,21 178:17 179:15 192:7 232:16 240:9 241:11 262:18 292:13 x x 4:1,8 xml 128:1 129:13 130:20 y y 147:2 166:6,10 170:7 yeah 15:17 23:5 67:6 72:10 81:11 81:25 82:8 83:5 88:17 96:22 98:13 120:22 122:13 164:11 182:25 189:19 190:11 195:9 205:21 215:7 253:25 258:5 293:11 year 25:1 27:24 116:4 180:20 214:24 276:20 yearly 180:13,17 years 25:6,14 26:4 26:23 28:11,12 105:25 180:9,14 180:18 206:19 211:25 216:18 235:23 275:8,8 yell 65:18 yep 17:10 yeses 169:4 z zero 164:12,13 170:7,13 Page 50 Veritext Legal Solutions 866 299-5127 Page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age 355 UHIXVH WR DSSURYH WKH WUDQVFULSW E\ QRW VLJQLQJ LW F $OWHUQDWLYHO\ ZLWKLQ WKLV VDPH SHULRG WKH GHSRQHQW PD\ FKDQJH WKH IRUP RU WKH VXEVWDQFH RI WKH DQVZHU WR DQ\ TXHVWLRQ DQG PD\ DSSURYH RU UHIXVH WR DSSURYH WKH WUDQVFULSW E\ PHDQV RI D OHWWHU WR WKH GHSRVLWLRQ RIILFHU VLJQHG E\ WKH GHSRQHQW ZKLFK LV PDLOHG E\ FHUWLILHG RU UHJLVWHUHG PDLO ZLWK UHWXUQ UHFHLSW UHTXHVWHG $ FRS\ RI WKDW OHWWHU VKDOO EH VHQW E\ ILUVW FODVV PDLO WR DOO SDUWLHV DWWHQGLQJ WKH GHSRVLWLRQ G )RU JRRG FDXVH VKRZQ WKH FRXUW PD\ VKRUWHQ WKH GD\ SHULRG IRU PDNLQJ FKDQJHV DSSURYLQJ RU UHIXVLQJ WR DSSURYH WKH WUDQVFULSW H 7KH GHSRVLWLRQ RIILFHU VKDOO LQGLFDWH RQ WKH RULJLQDO RI WKH WUDQVFULSW LI WKH GHSRQHQW KDV QRW DOUHDG\ GRQH VR DW WKH RIILFH RI WKH GHSRVLWLRQ RIILFHU DQ\ DFWLRQ WDNHQ E\ WKH GHSRQHQW DQG LQGLFDWH RQ WKH RULJLQDO RI WKH WUDQVFULSW WKH GHSRQHQW V DSSURYDO RI RU IDLOXUH RU UHIXVDO WR DSSURYH WKH WUDQVFULSW 7KH GHSRVLWLRQ RIILFHU VKDOO DOVR QRWLI\ LQ ZULWLQJ WKH SDUWLHV DWWHQGLQJ WKH GHSRVLWLRQ RI DQ\ FKDQJHV ZKLFK WKH GHSRQHQW WLPHO\ PDGH LQ SHUVRQ I ,I WKH GHSRQHQW IDLOV RU UHIXVHV WR DSSURYH WKH WUDQVFULSW ZLWKLQ WKH DOORWWHG SHULRG WKH Page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age 357 VERITEXT LEGAL SOLUTIONS COMPANY CERTIFICATE AND DISCLOSURE STATEMENT Veritext Legal Solutions represents that the foregoing transcript is a true, correct and complete transcript of the colloquies, questions and answers as submitted by the court reporter. Veritext Legal Solutions further represents that the attached exhibits, if any, are true, correct and complete documents as submitted by the court reporter and/or attorneys in relation to this deposition and that the documents were processed in accordance with our litigation support and production standards. Veritext Legal Solutions is committed to maintaining the confidentiality of client and witness information, in accordance with the regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA), as amended with respect to protected health information and the Gramm-Leach-Bliley Act, as amended, with respect to Personally Identifiable Information (PII). Physical transcripts and exhibits are managed under strict facility and personnel access controls. Electronic files of documents are stored in encrypted form and are transmitted in an encrypted fashion to authenticated parties who are permitted to access the material. Our data is hosted in a Tier 4 SSAE 16 certified facility. Veritext Legal Solutions complies with all federal and State regulations with respect to the provision of court reporting services, and maintains its neutrality and independence regardless of relationship or the financial outcome of any litigation. Veritext requires adherence to the foregoing professional and ethical standards from all of its subcontractors in their independent contractor agreements. Inquiries about Veritext Legal Solutions' confidentiality and security policies and practices should be directed to Veritext's Client Services Associates indicated on the cover of this document or at www.veritext.com. Page 358 SETTLEMENT AGREEMENT PRELIMINARY STATEMENT This Agreement is entered into between the Los Angeles County Sheriff's Department (hereinafter referred to as "Department") and Deputy Carl Mandoyan, Employee No. 4 73892 (hereinafter referred to as "Deputy Mandoyan"). RECITALS The Department and Deputy Mandoyan are interested parties in a dispute and desire to settle any and all matters involving Internal Affairs Bureau' s Investigation No. 2383392 and under Civil Service No. 16-276. The parties desire to resolve all disputes arising as the result of that investigation, the Civil Service matter, and to avoid litigation and any and all administrative processes upon the terms and conditions hereinafter set forth. NOW AND THEREFORE, the Depmtment and Deputy Mandoyan for and 111 consideration of the mutual covenants herein, agree as follows: l. The Depa1tment, upon execution of this Settlement Agreement, shall rescind the discharge action that was imposed on September 14, 2016, pursuant to lntemal Affairs Bureau's Investigation No. 2383392. 2. Both parties agree and understand that Deputy Mandoyan' s Perseflfl.ei-Perfermanee Index will state "Unfounded" under Internal Affairs Bureau' s Investigation No. 2383392. 3. Both patties agree and understand that Deputy Mandoyan' s Index will state "Unfounded" under Internal Affairs Bureau's Investigation No. 2392810. 4. Deputy Mandoyan agrees to waive any and all future administrative and/or judicial remedies with respect to this matter and Internal Affairs Bureau No. 2383392, Writ ofMandate # BS 174714 and Civi l Case# BC 719337. This waiver shall include, but not be limited to, appeals to the Los Angeles County Civil Service Commission, Los Angeles County Employee Relations Commission and/or the Los Angeles Superior Court. He also agrees to file requests for dismissal of both his civil lawsuit and Writ of Mandate within ten (J 0) court days of the signing of this agreement by all pmties. ?~f{\s ~nee AULT 00001 Page 359 SETTLEMENT AGREEMENT DEPUTY CARL MANDOYAN #473892 Page 2 5. In addition, the Department will pay Deputy Mandoyan full back pay from the date imposition on September 14, 2016 through the date of this s1gned Settlement Agreement. Furthermore, Deputy Mandoyan shall be restored to the position of ~ onus 1 Deputy Sherif nd made whole wit~edtcal 6enehts and LACERA.) Q.J\/\ 01 e tr ent an . The Department shall restore al l time variances that Deputy o an oyan a pnor to September 14, 2016 (sick, sick personal, vacation, excess ~ib vacation, holiday, percentage, and save time. Oov...lo~ ~ . p 6. Deputy Mandoyan acknowledges and agrees that he has been provided the opportunity to consult with a labor representative and/or attorney regarding the terms and conditions of this Settlement Agreement. 7. The parties further agree that this Settlement Agreement shal l not be considered, cited, or used in future disputes as establishing past precedent or past employment practice. This Settlement Agreement resolves the dispute between Deputy Mandoyan and the Department, and is not to be applied to any other facts or disputes. 8. In consideration of the terms and conditions set forth herein, Deputy Mandoyan agrees to fully release, acquit, and forever discharge the County, and all present and former officers, employees and agents of the County and their heirs , successors, assigns, and legal representatives from any and all liability whatsoever for any and all claims arising out of or connected with the employment relationship between the County and Deputy Mandoyan concerning the subject matter referred herein . Additionally, Deputy Mandoyan specifically acknowledges that he has not been the subject of discrimination in any form , including, but not limited to, discrimination, retaliation or harassment, based upon age, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, parental status, sexual orientation or gender and that he has no claim against the Depa1tment for any such discrimination, whether any such claim is presently known or not known by him. 9. Deputy Mandoyan further agrees to relinquish and expressly waives all rights conferred upon him by the provisions of California Civil Code Section 1542, whi ch reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which il known by him must have materially affected his settlement with the debtor." AULT 00002 Page 360 SETTLEMENT AGREEMENT DEPUTY CARL MANDOY AN #473892 Page 3 10. Each party hereto represents and agrees that he or it has carefully read and fully understands all of the provisions of the Settlement Agreement and that he or it is voluntarily, without any duress or undue influence on the part of or on behalf of any party, entering into this Settlement Agreement. 11. This Settlement Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy or facsimile transmission of the Settlement Agreement, including signatures, shall be deemed to constitute evidence of the Settlement Agreement having been executed. 12. The date of the last signature placed hereon shall hereinafter be known as the "date of execution" and the "effective date" of this Settlement Agreement. 13. The parties agree that the foregoing comprises the entire Settlement Agreement between the parties and that there have been no other promises made by any party. Any modification of this Settlement Agreement must be in writing. AULT 00003 Page 361 SEITLEMENT AGREEMENT DEPUTY CARL MANDOY AN #473892 Page 4 I have read the foregoing Settlement Agreement, and I accept and agree to the Provisions contained therein and hereby execute it voluntarily and with full understanding of its consequences. DEPUTY CARL MANDOYAN , NO . 473892 Date MR. MICHAEL GOLDFEDER MICHAEL A. GOLDFEDER LAW OFFICE Date For the Department: AULT 00004 Page 362 CONFIDENTIAL PERSONNEL RECORDS Page 363 From: Sent: To: Subject: Attachments: Ault, Alicia E. Friday, November 30, 2018 3:34PM Lawrence Del Mese;Del Mese, Lawrence E. (LEDelmes@lasd.org) RE: Mandoyan 112618 Office Open XML word processing document 2.docx Sir, As today is my last day in service to the county I wanted to close the loop on this request. I have given this document to Ms. Prijo Ranashinge, County Counsel, to process Sheriff Elect Vlllaneuva's priority request forward. I have been told this request has been given to contract counsel and the County Counsel litigation Attorneys to work together with Mr. Mandoyan's attorney to achieve the goal of returning him to work. Regards, AliciaAuit From: Lawrence Del Mese Sent: Monday, November 26, 2018 2:56 PM To: Ault, Alicia E. <:aeault@lasd.org> Subject: Fwd: Mandoyan 112618 Sent from my Subject: Mandoyan Sent from my iPhone • AULT 00043 Page 364 wau MW mew WMIIY ?x (3) ?Dmdu?iwg (90a ?6 Elwyw? A om aw (ab egau. Ob AULT 00044 Page 365 Date Attendees TopiC Meeting Objectives Notes--;------:.-------------------- ~ij a_ t\~ - 0 r~GD o6 ~ 'L ;\..A. { ,/\ f~ o~ ~ W lL -t\) St ~s [o ~4 L/vt. ~~~ 01 v-6 ~"J . CW1.0 J- l.cu..JJ).u..-l~ -0 ~t(.- r~ ~ ·~ \)) /LUr 01'- ~~ ~ G\4,N-V vJ• ~ j. ~ ci.v.> l-\ ~ Act1on Items _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ [_] LJ [] 0 0 Cl AULT 00045 Page 366 ·~ ..., ·:· 1 2 3 4 5 6 Steven G. Madison (Bar No. 101006) stevemadison@quinnemanuel.com Jolm Gordon (Bar No. 112750) jolmgordon@quinnemanuel.com T. Scott Mills (Bar No. 313554) scottmills@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 865 South Figueroa Street, 1oth Floor Los Angeles, California 90017-2543 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 7 Attorneys for Sheriff Alex Villanueva and Los Angeles County Sheriffs Department 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF LOS ANGELES 11 CENTRAL DISTRICT 12 COUNTY OF LOS ANGELES, CASE NO. 19STCP00630 RESPONDENTS/DEFENDANTS SHERIFF ALEX VILLANUEVA AND LOS ANGELES COUNTY SHERIFF'S DEPARTMENT'S NOTICE OF DEPOSITION OF ALICIA AULT Date: Time: Place: May 30,2019 9:00 am Quinn Emanuel Urquhart & Sullivan 65 S. Figueroa Street, 1Oth Floor Los Angeles, California 90017 Case No. 19STCP00630 Page 367 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that, pursuant to California Code of Civil Procedure§ 2025.010, 3 et seq., Respondents/Defendants Sheriff Alex Villanueva and the Los Angeles County Sheriffs 4 Department will take the deposition of Alicia Ault on Thursday, May 30, 2019 at 9:00a.m., at the 5 offices of Quinn Emanuel Urquhart & Sullivan, located at 865 South Figueroa Street, 1Oth Floor, 6 Los Angeles, California 90017 continuing from day to day until completed, excluding Saturdays, 7 Sundays, and legal holidays. A copy of the subpoena is attached as Exhibit 1. 8 PLEASE TAKE FURTHER NOTICE that the deposition will be recorded stenographically 9 and videotaped, and may be used at trial. The deposition may also be recorded through the instant 10 visual display ofthe testimony. The deposition will be taken before a notary public or authorized 11 12 officers. PLEASE TAKE FURTHER NOTICE that, pursuant to California Code of Civil Procedure 13 section 2025.280 the deponent is to produce at the deposition the documents set forth in Exhibit A. 14 QUINN EMANUEL URQUHART & SULLIVAN, LLP . n..~~ ~ ~f..IV By ~~~=-~------------------------ JohnS. Gordon Attorneys for Sheriff Alex Villanueva and Los Angeles County Sheriffs Department -2- Case No. 19STCP00630 Page 368 1 EXHIBIT A 2 DEFINITIONS 3 1. "BOARD OF SUPERVISORS" means the Los Angeles County Board of 4 Supervisors and Executive Office of Los Angeles County Board of Supervisors. 5 2. "COMMISSION" means Los Angeles County Civil Service Commission and 6 Office of Los Angeles County Civil Service Commission. 7 3. "COUNTY" means the County of Los Angeles. 8 4. "COUNTY COUNSEL" means the County Counsel of Los Angeles County and 9 Office of County Counsel ofLos Angeles County. 10 5. "COUNTY OFFICER" means any elective County officer as prescribed in Article 11 IV, Section 12, ofthe Charter ofthe County of Los Angeles or appointive County officer as 12 prescribed in Article IV, Section 14, ofthe Charter ofthe County of Los Angeles. 13 6. "DEPUTY" means a Los Angeles Sheriffs Department Deputy Sheriff. 14 7. "DOCUMENTS" shall have the same meaning herein as in California Evidence · 15 Code § 250, and shall include all writings, including, without limitation, handwriting, typewriting, 16 printing, photostating, photographing, photocopying, films, recordings, memoranda, books, 17 records, accounts, letters, electronic mail or facsimile, instant messaging, text messaging, voice 18 messaging, social media messaging and every other means of recording upon any tangible thing, 19 and any record thereby created, regardless of the manner in which the record has been stored, and 20 all non-identical copies of such. 21 8. "LASD" means the Los Angeles County Sheriffs Department. 22 9. "MANDOYAN" means Respondent/Defendant Caren Carl Mandoyan. 23 10. "RELATED TO" shall mean concerning, mentioning, referring to, pertaining to, 24 evidencing, identifying, incorporating, summarizing, involving, describing, discussing, 25 commenting on, embodying, responding to, supporting, contradicting, containing, or constituting 26 (in whole or in part). 27 11. "SHERIFF" means the Los Angeles County Sheriff. 28 -3- Case No. 19STCP00630 Page 369 1 12. "UNDERSHERIFF" means the Undersheriff of the Los Angeles Sheriffs 2 Department. 3 13. "VILLANUEVA" means Respondent/Defendant Los Angeles County Sheriff Alex 4 Villanueva. 5 6 INSTRUCTIONS 14. DOCUMENTS shall be produced in their original file folders, or any writing on the 7 file folder (or its label, tab or directory) from which each DOCUMENT is taken shall be copied 8 and appended to the DOCUMENT and the person, department, division, or office for whom or 9 which the DOCUMENT or the file folder is maintained shall be identified. 10 15. DOCUMENTS attached to each other shall not be separated. 11 16. Electronically stored information shall be produced in its native electronic 12 application and format. Electronically stored information shall be produced with all metadata and 13 shall not be altered in any way. 14 17. If you withhold any DOCUMENT based on some limitation of discovery, 15 including but not limited to a claim of privilege, you must supply a list of the DOCUMENTS 16 being withheld, indicating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 17 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 18 created or transmitted; (d) the subject matter indicated on the DOCUMENT, if any; (e) the number 19 of pages, including the presence of any appendices, exhibits or attachments; (f) all persons with 20 whom there was a communication concerning the DOCUMENT, including all persons to whom 21 the DOCUMENT was shown, distributed, discussed or explained; and (g) the claimed grounds for 22 exclusion from discovery. 23 18. If you lack the ability to comply with a request, you must specify whether the 24 inability to comply is because the particular DOCUMENT, item or category never existed; has 25 been destroyed; has been lost, misplaced or stolen; has never been in YOUR possession or was 26 · once in YOUR possession but is no longer. You must also state the name and address of any 27 person known or believed by you to have possession of a DOCUMENT, item or category for 28 which you lack the ability to comply with a request for production. -4- Case No. 19STCP00630 Page 370 1 19. If a DOCUMENT, item or category has been destroyed or discarded, identify that 2 DOCUMENT by stating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 3 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 4 created or transmitted; (d) the subject matter and subject matter indicated on the DOCUMENT, if 5 any; (e) the number of pages, including the presence of any appendices, exhibits or attachments; 6 (f) all persons with whom there was a communication concerning the DOCUMENT, including all 7 persons to whom the DOCUMENT was shown, distributed, discussed or explained; (g) the date 8 of, manner of, and reason the DOCUMENT, item or category was destroyed or discarded; and (h) 9 the name and address of any person known or believed by you to have possession of a copy of the 10 DOCUMENT, item or category that was discarded or destroyed. 11 20. These requests call for the production of DOCUMENTS or things in YOUR 12 possession, custody or control, or in the custody or control of another if you have the right, 13 privilege or opportunity to examine it upon request or demand, whether or not such right, privilege 14 or opportunity has been exercised. Accordingly, all DOCUMENTS in the possession, custody or 15 control of any person or entity who performed management, bookkeeping, accounting, finance or 16 any similar service for you at any time, should be produced. 17 21. "All" includes "any" and "any" includes "all." 18 22. "All" includes "each" and "each" includes "all." 19 23. "Each" includes "every" and "every" includes "each." 20 24. "And", "or," and "and/or" shall be construed either disjunctively or conjunctively 21 as necessary to bring within the scope of the request all responses that might otherwise be 22 construed to be outside their scope. 23 25. The use of a verb in any tense shall be construed as the use of the verb in all other 26. The singular form of any word shall be construed to include the plural, and the 24 tenses. 25 26 plural form of any word shall be construed to include the singular. 27 28 -5- Case No. 19STCP00630 Page 371 1 REQUESTS FOR PRODUCTION 2 3 REQUEST FOR PRODUCTION NO. 1: 4 All DOCUMENTS RELATING TO LASD's hiring, employment, internal investigation, 5 discipline, discharge, termination, firing, re-employment, rehiring, reinstatement, or rescission, 6 revocation, withdrawal or reversal of the discharge or firing, ofMANDOYAN; 7 8 REQUEST FOR PRODUCTION NO. 2: 9 All DOCUMENTS RELATING TO the conduct or misconduct ofMANDOYAN; 10 11 REQUESTFORPRODUCTIONNO. 3: 12 All DOCUMENTS RELATING TO COMMISSION proceedings concerning 13 MANDOYAN, including, but not limited to, all DOCUMENTS RELATED TO any appeal, 14 challenge to, decision to appeal, or decision not appeal any report, recommendation, order, ruling, 15 decision, or finding, by the COMMISSION or any hearing officer in a COMMISSION proceeding 16 concerning MANDOYAN; 17 18 REQUEST FOR PRODUCTION NO.4: 19 All DOCUMENTS RELATING TO the filing, litigation, merit, validity, possible 20 consequences, settlement, approval or non-approval of settlement, or dismissal of any lawsuit 21 brought by MANDOYAN in August 2018 against LASD or the COUNTY. 22 23 REQUEST FOR PRODUCTION NO. 5: 24 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 25 power or authority, of the SHERIFF or LASD to settle any lawsuit brought by MANDOYAN in 26 August 2018 against LASD or the COUNTY. 27 28 -6- Case No. 19STCP00630 Page 372 1 REQUEST FOR PRODUCTION NO. 6: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 4 present, to direct, control, settle, direct the settlement of, or refuse to allow a settlement of, a 5 lawsuit brought against LASD or the COUNTY. 6 7 REQUEST FOR PRODUCTION NO. 7: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of the SHERIFF or LASD, at any point between January I, 2013 and 10 December 31, 2017, to direct, control, settle, direct the settlement of, or refuse to allow a 11 settlement of, a lawsuit brought against LASD or the COUNTY. 12 13 14 REQUEST FOR PRODUCTION NO. 8: All DOCUMENTS RELATING TO whether the BOARD OF SUPERVISORS or 15 COUNTY COUNSEL should approve, did approve, or should have approved the settlement of 16 any lawsuit brought by MANDOYAN in August 2018 against LASD or the COUNTY. 17 18 REQUEST FOR PRODUCTION NO.9: 19 All DOCUMENTS RELATING TO whether the BOARD OF SUPERVISORS or 20 COUNTY COUNSEL should disapprove, did disapprove, or should have disapproved the 21 settlement of any lawsuit brought by MANDOYAN in August 2018 against LASD or the 22 COUNTY. 23 24 REQUEST FOR PRODUCTION NO. 10: 25 All DOCUMENTS prepared, created, generated, or revised between December 3, 2018 26 and the present RELATING TO whether the BOARD OF SUPERVISORS or COUNTY 27 COUNSEL should approve or disapprove any settlement proposed or recommended by LASD, the 28 SHERIFF, or any senior executive member or officer of LASD at a rank of Chief or higher, of any Case No. 19STCP00630 -7nRQRR-lllllllll/lllRd.d.lll7 Mf'l'l'Tf""D f'ID nDDf'I~T'l'TnN ()"R AT TI'T A A TTT '1' Page 373 1 pending or threatened lawsuit against LASD or the COUNTY or any case pending before the 2 COMMISSION involving a challenge to the discharge, termination, or firing of a DEPUTY. 3 4 REQUEST FOR PRODUCTION NO. 11: 5 All DOCUMENTS prepared, created, generated, or revised between November 26,2018 6 and the present RELATING TO the process, rules, system, or approval requirements for the 7 settlement, or approval by the BOARD OF SUPERVISORS or COUNTY COUNSEL of the 8 settlement, of any pending or threatened lawsuit against LASD or the COUNTY or any case 9 pending before the COMMISSION involving a challenge to the discharge, termination, or firing of 10 aDEPUTY. 11 12 REQUEST FOR PRODUCTION NO. 12: 13 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 14 power or authority, of a COUNTY OFFICER to settle a lawsuit brought against the COUNTY or a 15 COUNTY OFFICER. 16 17 REQUEST FOR PRODUCTION NO. 13: 18 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 19 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 20 present, to settle a lawsuit brought against the COUNTY or a COUNTY OFFICER, providing for 21 a settlement payment of$100,000 or less or a settlement payment ofless than $100,000. 22 23 REQUESTFORPRODUCTIONNO.l4: 24 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 25 power or authority, of a COUNTY OFFICER, at any point between January I, 2013 and 26 December 31, 2017, to settle a lawsuit brought against the COUNTY or a COUNTY OFFICER, 27 providing for a settlement payment of$100,000 or less or a settlement payment ofless than 28 $100,000. Case No. 19STCP00630 -808988-00001/10844017. N()TTr'P nP nPPn~TTT()N ()p AT J('T A AT TT .T Page 374 1 REQUESTFORPRODUCTIONNO. 15: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 4 present, to settle any particular type of lawsuit, or types of lawsuits, brought against the COUNTY 5 or a COUNTY OFFICER. 6 7 REQUEST FOR PRODUCTION NO. 16: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 10 December 31, 2017, to settle any particular type of lawsuit, or types of lawsuits, brought against 11 the COUNTY or a COUNTY OFFICER. 12 13 REQUEST FOR PRODUCTION NO. 17: 14 All DOCUMENTS RELATING TO the settlement between January 1, 2018 and the 15 present by a COUNTY OFFICER, without written approval of the BOARD OF SUPERVISORS 16 or COUNTY COUNSEL, of a lawsuit brought against the COUNTY or a COUNTY OFFICER. 17 18 REQUEST FOR PRODUCTION NO. 18: 19 All DOCUMENTS RELATING TO the settlement between January 1, 2013 and 20 December 31, 2017 by a COUNTY OFFICER, without written approval of the BOARD OF 21 SUPERVISORS or COUNTY COUNSEL, of a lawsuit brought against the COUNTY or a 22 COUNTY OFFICER. 23 24 REQUEST FOR PRODUCTION NO. 19: 25 All DOCUMENTS RELATING TO the settlement between January 1, 2018 and the 26 present by a COUNTY OFFICER, without an authorized signature by COUNTY COUNSEL or a 27 counsel operating under COUNTY COUNSEL's supervision, of a lawsuit brought against the 28 COUNTY or a COUNTY OFFICER. -908988-00001/10844017. Case No. 19STCP00630 NOTICE OF DEPOSITION OF ALICIA AULT Page 375 1 REQUEST FOR PRODUCTION NO. 20: 2 All DOCUMENTS RELATING TO the settlement between January 1, 2013 and 3 December 31,2017 by a COUNTY OFFICER, without an authorized signature by COUNTY 4 COUNSEL or a counsel operating under COUNTY COUNSEL's supervision, of a lawsuit 5 brought against the COUNTY or a COUNTY OFFICER. 6 7 REQUEST FOR PRODUCTION NO. 21: 8 All DOCUMENTS RELATING TO the interpretation, application, or enforcement of the 9 portion of the text in Article VI, Section 21 of the Charter of the County of Los Angeles stating 10 "The County Counsel ... shall have exclusive charge and control of all civil actions and 11 proceedings in which the County or any officer thereof, is concerned or is a party." 12 13 REQUEST FOR PRODUCTION NO. 22: 14 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 15 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 16 present, to rescind, revoke, withdraw, or reverse LASD's earlier discharge of a DEPUTY. 17 18 REQUEST FOR PRODUCTION NO. 23: 19 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 20 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 21 December 31, 2017, to rescind, revoke, withdraw, or reverse LASD' s earlier discharge of a 22 DEPUTY. 23 24 REQUEST FOR PRODUCTION NO. 24: 25 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 26 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 27 present, to rescind, revoke, withdraw, or reverse LASD's discharge of a DEPUTY after fin81 28 COMMISSION action making a DEPUTY's discharge final. Case No. 19STCP00630 -1008988-00001110844017. NOTTCP. OF nFPO~TTTON OF ATJCTA AlJLT Page 376 1 REQUESTFORPRODUCTIONNO. 25: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 4 December 31, 2017, to rescind, revoke, withdraw, or reverse LASD' s discharge of a DEPUTY 5 after final COMMISSION action making a DEPUTY's discharge final. 6 7 REQUEST FOR PRODUCTION NO. 26: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 10 present, to rescind, revoke, withdraw, or reverse an employee's discharge after fmal 11 COMMISSION action making the employee's discharge final. 12 13 REQUEST FOR PRODUCTION NO. 27: 14 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 15 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 16 December 31, 2017, to rescind, revoke, withdraw, or reverse an employee's discharge after fmal 17 COMMISSION action making the employee's discharge fmal. 18 19 REQUEST FOR PRODUCTION NO. 28: 20 21 All DOCUMENTS RELATING TO the payment, non-payment, or termination of payment of salary, back pay, benefits, or other compensation to or for MANDOYAN. 22 23 24 REQUEST FOR PRODUCTION NO. 29: All DOCUMENTS RELATING TO the Los Angeles County Department of Auditor- 25 Controller's payment, non-payment, or termination of payment of salary, back pay, benefits, or 26 other compensation, at any point between January 1, 2018 and the present, to or for any COUNTY 27 employee who had been reinstated or rehired pursuant to a settlement agreement that did not bear 28 Case No. 19STCP00630 -11.,.T,.....,....T,T""'\ ,....T""'\ T"''t.T"'!i OR PR!l!T NAME) !Pr90f of se!V!ce orueversel n Def ndants !!!!UI Page 1 of Z 2020 510 DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Code ot CMII'Iocedft §§ · • GS :-~~· 21125.230,21125.250, 202s.620; AND PRODUCTION OF DOCUMENTS AND THIN ~~ GcMirnmanlCoclll, §680!17.1 Page 383 SUBP-020 PLAINTIFF/PETITIONER: County of Los Angeles CASE NUMBER: DEFENDANTJRESPONDENT: Sheriff Alex Villanueva, et al. 19STCP00630 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways (check one): (1) D were paid. Amount: .....•...... $ _ _ _ _...-...:oi!....L.!.o~o:.!..(2) D were not paid. (3) D were tendered to the witness's pubDc entity employer as required by Government Code section 68097.2. The amount tendered was (specify): ......•• $ _ _ _ _........,0..:.. ..... oo><-- f. Fee for service: ....................... $ _ _ _ ____:OI!....L,!.0~0:.!..- 2. I received this subpoena for service on {date}: 3. Person serving: a. D Not a registered California process server b. California sheriff or marshal c. Registered California process server d. D Employee or independent contractor of a registered California process server e. Exempt from registration under Business and Professions Code section 22350(b) f. D Registered professional photocopier g. D Exempt from registration under Business and Professions Code section 22451 h. Name, address, telephone number, and, if applicable, county of registration and number: D D D I declare under penalty of petjury under the laws of the State of California that the foregoing Is true and correct. (For California sheriff or marshal use only) 1certify that the foregoing Is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) SUBP.Q20 [Rav. Januory I, 2009) PROOF OF SERVICE DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS Page 384 1 ATTACHMENT 3 2 DEFINITIONS 3 1. "BOARD OF SUPERVISORS" means the Los Angeles County Board of 4 Supervisors and Executive Office of Los Angeles County Board of Supervisors. 5 2. "COMMISSION" means Los Angeles County Civil Service Commission and 6 Office of Los Angeles County Civil Service Commission. 7 3. "COUNTY'' means the County of Los Angeles. 8 4. "COUNTY COUNSEL" means the County Counsel of Los Angeles County and 9 Office of County Counsel of Los Angeles County. 10 5. "COUNTY OFFICER" means any elective County officer as prescribed in Article 11 IV, Section 12, ofthe Charter of the County of Los Angeles or appointive County officer as 12 prescribed in Article IV, Section 14, of the Charter of the County of Los Angeles. 13 6. "DEPUTY'' means a Los Angeles Sheriff's Department Deputy Sheriff. 14 7. "DOCUMENTS" shall have the same meaning herein as in California Evidence 15 Code § 250, and shall include all writings, including, without limitation, handwriting, typewriting, 16 printing, photostating, photographing, photocopying, films, recordings, memoranda, books, 17 records, accounts, letters, electronic mail or facsimile, instant messaging, text messaging, voice 18 messaging, social media messaging and every other means of recording upon any tangible thing, 19 and any record thereby created, regardless of the manner in which the record has been stored, and 20 all non-identical copies of such. 21 8. "LASD" means the Los Angeles County Sheriffs Department. 22 9. "MANDOYAN" means Respondent/Defendant Caren Carl Mandoyan. 23 10. "RELATED TO" shall mean concerning, mentioning, referring to, pertaining to, 24 evidencing, identifying, incorporating, summarizing, involving, describing, discussing, 25 commenting on, embodying, responding to, supporting, contradicting, containing, or constituting 26 (in whole or in part). 27 11. "SHERIFF" means the Los Angeles County Sheriff. 28 -108988-00001/10834961. ATTACHMENT 3 Page 385 1 12. "UNDERSHERIFF" means the Undersheriff of the Los Angeles Sheriff's 2 Department. 3 13. "VILLANUEVA" means Respondent/Defendant Los Angeles County Sheriff Alex 4 Villanueva. 5 6 INSTRUCTIONS 14. DOCUMENTS shall be produced in their original file folders, or any writing on the 7 file folder (or its label, tab or directory) from which each DOCUMENT is taken shall be copied 8 and appended to the DOCUMENT and the person, department, division, or office for whom or 9 which the DOCUMENT or the file folder is maintained shall be identified. 10 15. DOCUMENTS attached to each other shall not be separated. 11 16. Electronically stored information shall be produced in its native electronic 12 application and format. Electronically stored information shall be produced with all metadata and 13 shall not be altered in any way. 14 17. If you withhold any DOCUMENT based on some limitation of discovery, 15 including but not limited to a claim of privilege, you must supply a list of the DOCUMENTS 16 being withheld, indicating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 17 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 18 created or transmitted; (d) the subject matter indicated on the DOCUMENT, if any; (e) the number 19 of pages, including the presence of any appendices, exhibits or attachments; (f) all persons with 20 whom there was a communication concerning the DOCUMENT, including all persons to whom 21 the DOCUMENT was shown, distributed, discussed or explained; and (g) the claimed grounds for 22 exclusion from discovery. 23 18. If you lack the ability to comply with a request, you must specify whether the 24 inability to comply is because the particular DOCUMENT, item or category never existed; has 25 been destroyed; has been lost, misplaced or stolen; has never been in YOUR possession or was 26 once in YOUR possession but is no longer. You must also state the name and address of any 27 person known or believed by you to have possession of a DOCUMENT, item or category for 28 which you lack the ability to comply with a request for production. -208988..0000111 0834961. ATIACHMENT 3 Page 386 1 19. If a DOCUMENT, item or category has been destroyed or discarded, identify that 2 DOCUMENT by stating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 3 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 4 created or transmitted; (d) the subject matter and subject matter indicated on the DOCUMENT, if 5 any; (e) the number of pages, including the presence of any appendices, exhibits or attachments; 6 (f) all persons with whom there was a communication concerning the DOCUMENT, including all 7 persons to whom the DOCUMENT was shown, distributed, discussed or explained; (g) the date 8 of, manner of, and reason the DOCUMENT, item or category was destroyed or discarded; and (h) 9 the name and address of any person known or believed by you to have possession of a copy of the 10 DOCUMENT, item or category that was discarded or destroyed. 11 20. These requests call for the production of DOCUMENTS or things in YOUR 12 possession, custody or control, or in the custody or control of another if you have the right, 13 privilege or opportunity to examine it upon request or demand, whether or not such right, privilege 14 or opportunity has been exercised. Accordingly, all DOCUMENTS in the possession, custody or 15 control of any person or entity who performed management, bookkeeping, accounting, finance or 16 any similar service for you at any time, should be produced. 17 21. "All" includes "any" and "any" includes "all." 18 22. "All" includes "each" and "each" includes "all." 19 23. "Each" includes "every'' and "every" includes "each." 20 24. "And", "or," and "and/or" shall be construed either disjunctively or conjunctively 21 as necessary to bring within the scope of the request all responses that might otherwise be 22 construed to be outside their scope. 23 25. The use of a verb in any tense shall be construed as the use of the verb in all other 26. The singular form of any word shall be construed to include the plural, and the 24 tenses. 25 26 plural form of any word shall be construed to include the singular. 27 28 -308988-00001/10834961. ATTACHMENT3 Page 387 1 REQUESTS FOR PRODUCTION 2 3 REQUESTFORPRODUCTIONNO.l: 4 All DOCUMENTS RELATING TO LASD's hiring, employment, internal investigation, 5 discipline, discharge, termination, firing, re-employment, rehiring, reinstatement, or rescission, 6 revocation, withdrawal or reversal ofthe discharge or firing, ofMANDOYAN; 7 8 REQUEST FOR PRODUCTION NO. 2: 9 All DOCUMENTS RELATING TO the conduct or misconduct ofMANDOYAN; 10 11 REQUEST FOR PRODUCTION NO. 3: 12 All DOCUMENTS RELATING TO COMMISSION proceedings concerning 13 MANDOYAN, including, but not limited to, all DOCUMENTS RELATED TO any appeal, 14 challenge to, decision to appeal, or decision not appeal any report, recommendation, order, ruling, 15 decision, or finding, by the COMMISSION or any hearing officer in a COMMISSION proceeding 16 concerning MANDOYAN; 17 18 REQUEST FOR PRODUCTION NO. 4: 19 All DOCUMENTS RELATING TO the filing, litigation, merit, validity, possible 20 consequences, settlement, approval or non-approval of settlement, or dismissal of any lawsuit 21 brought by MANDOYAN in August 2018 against LASD or the COUNTY. 22 23 REQUEST FOR PRODUCTION NO. 5: 24 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 25 power or authority, of the SHERIFF or LASD to settle any lawsuit brought by MANDOYAN in 26 August 2018 against LASD or the COUNTY. 27 28 -408988-00001/10834961. ATIACHMENT 3 Page 388 1 REQUEST FOR PRODUCTION NO. 6: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 4 present, to direct, control, settle, direct the settlement of, or refuse to allow a settlement of, a 5 lawsuit brought against LASD or the COUNTY. 6 7 REQUEST FOR PRODUCTION NO. 7: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 10 December 31, 2017, to direct, control, settle, direct the settlement of, or refuse to allow a 11 settlement of, a lawsuit brought against LASD or the COUNTY. 12 13 REOUESTFORPRODUCTIONNO. 8: 14 All DOCUMENTS RELATING TO whether the BOARD OF SUPERVISORS or 15 COUNTY COUNSEL should approve, did approve, or should have approved the settlement of 16 any lawsuit brought by MANDOYAN in August 2018 against LASD or the COUNTY. 17 18 REQUEST FOR PRODUCTION NO. 9: 19 All DOCUMENTS RELATING TO whether the BOARD OF SUPERVISORS or 20 COUNTY COUNSEL should disapprove, did disapprove, or should have disapproved the 21 settlement of any lawsuit brought by MANDOYAN in August 2018 against LASD or the 22 COUNTY. 23 24 REQUEST FOR PRODUCTION NO. 10: 25 All DOCUMENTS prepared, created, generated, or revised between December 3, 2018 26 and the present RELATING TO whether the BOARD OF SUPERVISORS or COUNTY 27 COUNSEL should approve or disapprove any settlement proposed or recommended by LASD, the 28 SHERIFF, or any senior executive member or officer ofLASD at a rank of Chief or higher, of any -508988..()()()()1/1 0834961. ATTACHMENT 3 Page 389 1 pending or threatened lawsuit against LASD or the COUNTY or any case pending before the 2 COMMISSION involving a challenge to the discharge, termination, or firing of a DEPUTY. 3 4 REQUEST FOR PRODUCTION NO. 11: 5 All DOCUMENTS prepared, created, generated, or revised between November 26,2018 6 and the present RELATING TO the process, rules, system, or approval requirements for the 7 settlement, or approval by the BOARD OF SUPERVISORS or COUNTY COUNSEL of the 8 settlement, of any pending or threatened lawsuit against LASD or the COUNTY or any case 9 pending before the COMMISSION involving a challenge to the discharge, termination, or firing of 10 aDEPUTY. 11 12 REQUEST FOR PRODUCTION NO. 12: 13 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 14 power or authority, of a COUNTY OFFICER to settle a lawsuit brought against the COUNTY or a 15 COUNTY OFFICER. 16 17 REQUEST FOR PRODUCTION NO. 13: 18 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 19 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 20 present, to settle a lawsuit brought against the COUNTY or a COUNTY OFFICER, providing for 21 a settlement payment of $100,000 or less or a settlement payment of less than $100,000. 22 23 REQUEST FOR PRODUCTION NO. 14: 24 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 25 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 26 December 31, 2017, to settle a lawsuit brought against the COUNTY or a COUNTY OFFICER, 27 providing for a settlement payment of $100,000 or less or a settlement payment of less than 28 $100,000. -6- 08988.00001/10834961. ATTACHMENT 3 Page 390 1 REQUESTFORPRODUCTIONN0.15: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 4 present, to settle any particular type of lawsuit, or types of lawsuits, brought against the COUNTY 5 or a COUNTY OFFICER. 6 7 REQUEST FOR PRODUCTION NO. 16: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 10 December 31, 2017, to settle any particular type of lawsuit, or types of lawsuits, brought against 11 the COUNTY or a COUNTY OFFICER. 12 13 REQUEST FOR PRODUCTION NO. 17: 14 All DOCUMENTS RELATING TO the settlement between January 1, 2018 and the 15 present by a COUNTY OFFICER, without written approval of the BOARD OF SUPERVISORS 16 or COUNTY COUNSEL, of a lawsuit brought against the COUNTY or a COUNTY OFFICER. 17 18 REQUEST FOR PRODUCTION NO. 18: 19 All DOCUMENTS RELATING TO the settlement between January 1, 2013 and 20 December 31,2017 by a COUNTY OFFICER, without written approval ofthe BOARD OF 21 SUPERVISORS or COUNTY COUNSEL, of a lawsuit brought against the COUNTY or a 22 COUNTY OFFICER. 23 24 REQUEST FOR PRODUCTION NO. 19: 25 All DOCUMENTS RELATING TO the settlement between January 1, 2018 and the 26 present by a COUNTY OFFICER, without an authorized signature by COUNTY COUNSEL or a 27 counsel operating under COUNTY COUNSEL's supervision, of a lawsuit brought against the 28 COUNTY or a COUNTY OFFICER. -7OS988-00001/1 0834961. ATTACHMENT 3 Page 391 1 REQUEST FOR PRODUCTION NO. 20: 2 All DOCUMENTS RELATING TO the settlement between January 1, 2013 and 3 December 31, 2017 by a COUNTY OFFICER, without an authorized signature by COUNTY 4 COUNSEL or a counsel operating under COUNTY COUNSEL's supervision, of a lawsuit 5 brought against the COUNTY or a COUNTY OFFICER. 6 7 REQUESTFORPRODUCTIONNO. 21: 8 All DOCUMENTS RELATING TO the interpretation, application, or enforcement of the 9 portion of the text in Article VI, Section 21 of the Charter of the County of Los Angeles stating 10 "The County Counsel ... shall have exclusive charge and control of all civil actions and 11 proceedings in which the County or any officer thereof, is concerned or is a party." 12 13 REQUEST FOR PRODUCTION NO. 22: 14 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 15 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 16 present, to rescind, revoke, withdraw, or reverse LASD's earlier discharge of a DEPUTY. 17 18 REQUEST FOR PRODUCTION NO. 23: 19 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 20 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 21 December 31, 2017, to rescind, revoke, withdraw, or reverse LASD's earlier discharge of a 22 DEPUTY. 23 24 REQUEST FOR PRODUCTION NO. 24: 25 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 26 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 27 present, to rescind, revoke, withdraw, or reverse LASD's discharge of a DEPUTY after final 28 CO:M:MISSION action making a DEPUTY's discharge fmal. -808988-{)0001/1 0834961. ATTACHMENT 3 Page 392 I REQUEST FOR PRODUCTION NO. 25: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of the SHERIFF or LASD, at any point between January I, 20I3 and 4 December 31, 20I7, to rescind, revoke, withdraw, or reverse LASD's discharge of a DEPUTY 5 after fmal COMMISSION action making a DEPUTY's discharge final. 6 7 REQUEST FOR PRODUCTION NO. 26: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of a COUNTY OFFICER, at any point between January I, 20I8 and the IO present, to rescind, revoke, withdraw, or reverse an employee's discharge after final 11 COMMISSION action making the employee's discharge final. 12 I3 REQUEST FOR PRODUCTION NO. 27: I4 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 15 power or authority, of a COUNTY OFFICER, at any point between January 1, 20I3 and 16 December 31, 2017, to rescind, revoke, withdraw, or reverse an employee's discharge after final 17 COMMISSION action making the employee's discharge final. 18 19 REQUEST FOR PRODUCTION NO. 28: 20 21 All DOCUMENTS RELATING TO the payment, non-payment, or termination of payment of salary, back pay, benefits, or other compensation to or for MANDOYAN. 22 23 REQUEST FOR PRODUCTION NO. 29: 24 All DOCUMENTS RELATING TO the Los Angeles County Department of Auditor- 25 Controller's payment, non-payment, or termination of payment of salary, back pay, benefits, or 26 other compensation, at any point between January 1, 2018 and the present, to or for any COUNTY 27 employee who had been reinstated or rehired pursuant to a settlement agreement that did not bear 28 -908988..00001/10834961. ATTACHMENT 3 Page 393 1 a signature by COUNTY COUNSEL or an attorney operating under COUNTY COUNSEL's 2 supervision. 3 4 REQUEST FOR PRODUCTION NO. 30: 5 All DOCUMENTS RELATING TO the Los Angeles County Department of Auditor- 6 Controller's payment, non-payment, or termination of payment of salary, back pay, benefits, or 7 other compensation, at any point between, at any point between January 1, 2013 and December 8 31, 2017, for any COUNTY employee who had been reinstated or rehired pursuant to a settlement 9 agreement that did not bear a signature by COUNTY COUNSEL or an attorney operating under 10 COUNTY COUNSEL's supervision. 11 12 REQUESTFORPRODUCTIONNO. 31: 13 All DOCUMENTS RELATING TO any BOARD OF SUPERVISORS member's support 14 of Jim McDonnell against VILLANUEVA for SHERIFF in the 2018 election. 15 16 REQUEST FOR PRODUCTION NO. 32: 17 All DOCUMENTS RELATING TO any BOARD OF SUPERVISORS member's 18 opposition to VILLANUEVA for SHERIFF in the 2018 election. 19 20 REQUEST FOR PRODUCTION NO. 33: 21 All DOCUMENTS RELATING TO LASD's Truth and Reconciliation Panel or Truth and 22 Reconciliation Commission, the operations of said Panel or Commission, or the lawfulness of any 23 actions by said Panel or Commission concerning the review and/or rescission of the disciplinary 24 proceedings and discharge ofMANDOYAN or any other DEPUTY. 25 26 REQUEST FOR PRODUCTION NO. 34: 27 All DOCUMENTS RELATING TO Principal Deputy County Counsel Christopher (Chris) 28 Keosian's attendance, participation, rendering oflegal advice, statements, observations, thoughts, -1008988.00001/10834961. AITACHMENT 3 Page 394 1 communications and receipt of instructions from COUNTY COUNSEL or any member or 2 employee of the Office of COUNTY COUNSEL concerning the discussions, consideration, or 3 actions ofLASD's Truth and Reconciliation Panel or Truth and Reconciliation Commission 4 regarding the review of or rescission of the disciplinary proceedings and discharge of 5 MANDOYAN. 6 7 REQUEST FOR PRODUCTION NO. 35: 8 All DOCUMENTS RELATING TO how and when COUNTY COUNSEL first learned, on 9 November 26,2018 or later, that any recommendation by any senior executive member or officer 10 of LASD at a rank of Chief or higher would be or had been made to the SHERIFF or 11 UNDERSHERIFF that MANDOYAN's discharge or termination be rescinded, or he be reinstated 12 or rehired or otherwise be allowed to return to active duty as a DEPUTY, or MANDOYAN's 13 lawsuits be settled. 14 15 REQUEST FOR PRODUCTION NO. 36: 16 All DOCUMENTS RELATING TO how and when Principal Deputy County Counsel 17 Christopher (Chris) Keosian first learned, on November 26, 2018 or later, that any 18 recommendation by any senior executive member or officer of LASD at a rank of Chief or higher 19 would be or had been made to the SHERIFF or UNDERSHERIFF that MANDOYAN's discharge 20 or termination be rescinded, or he be reinstated or rehired or otherwise be allowed to return to 21 active duty as a DEPUTY, or MANDOYAN's lawsuits be settled. 22 23 REQUEST FOR PRODUCTION NO. 37: 24 All DOCUMENTS RELATING TO how and when COUNTY COUNSEL first learned, on 25 November 26, 2018 or later, that LASD or VILLANUEVA intended to or did rescind 26 MANDOYAN's discharge or termination, intended to or did reinstate or rehire him or otherwise 27 allow him to return to active duty as a DEPUTY, or intended to or did settle either or both lawsuits 28 MANDOYAN had filed against the COUNTY and LASD. -1108988..()()()() 1/10834961. ATIACHMENT 3 Page 395 J 1 REQUEST FOR PRODUCTION NO. 38: 2 All DOCUMENTS RELATING TO how and when Principal Deputy County Counsel 3 Christopher (Chris) Keosian first learned, on November 26,2018 or later, that LASD or 4 VILLANUEVA intended to or did rescind, revoke, withdraw, or reverse MANDOYAN's 5 discharge or termination, intended to or did reinstate or rehire him or otherwise allow him to 6 return to active duty as a DEPUTY, or intended to or did settle either or both lawsuits 7 MANDOYAN had filed against the COUNTY and LASD. 8 9 REQUEST FOR PRODUCTION NO. 39: 10 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 11 since January 1, 2018, of a former employee discharged for cause or because of fault, which did 12 not meet all requirements in COMMISSION Rule 17.01 for reinstatement. 13 14 REQUEST FOR PRODUCTION NO. 40: 15 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 16 between January 1, 2013 and December 31, 2017, of a former employee discharged for cause or 17 because of fault, which did not meet all requirements in COMMISSION Rule 17.01 for 18 reinstatement. 19 20 REQUEST FOR PRODUCTION NO. 41: 21 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 22 between April15, 2009 and December 31, 2012, of a former employee discharged for cause or 23 because of fault, which did not meet all requirements in COMMISSION Rule 17.01 for 24 reinstatement. 25 26 27 28 -1208988-00001/10834961. ATTACHMENT 3 Page 396 1 PROOF OF SERVICE At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 865 South . 3 Figueroa Street, 1oth Floor, Los Angeles, CA 90017 2 On May 6, 2019, I served true copies of the following document(s) described as RESPONDENTS/DEFENDANTS SHERIFF ALEX VILLANUEVA AND LOS ANGELES 5 COUNTY SHERIFF'S DEPARTMENT'S NOTICE OF DEPOSITION OF ALICIA AULT on the interested parties in this action as follows: 6 .uouis R. Miller, Esq. !Attorneys for County of Los Angeles 7 Mira Hashmall, Esq. Emily A. Sanchirico, Esq. 8 MILLER BARONDESS, LLP 9 1999 Avenue of the Stars, Suite 1000 ~os Angeles, CA 90067 10 Gregory W. Smith, Esq. ~ttorneys for Caren Carl Mandoyan 11 !Waw Offices of Gregory W. Smith 9100 Wilshire Blvd. 12 Suite 345E iBeverly Hills, CA 90212 13 4 14 15 16 ~ohn A. Schlaff, Esq. !Waw Offices of John A. Schlaff• 2355 Westwood Blvd. Suite 424 LOS Angeles, CA 90064 !Attorneys for Caren Carl Mandoyan 17 18 19 20 21 22 23 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Quinn Emanuel Urquhart & Sullivan, LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Los Angeles, California. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. 26 27 28 08988-0000 Ill 0843970. PROOF OF SERVICE Page 397 .t 1 REQUEST FOR PRODUCTION NO. 42: 2 All DOCUMENTS RELATING TO any determination or evaluation or analysis of 3 "significant liability" that the COUNTY alleges LASD and VILLANUEVA have exposed the 4 COUNTY to through their actions concerning MANDOYAN. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1308988.{)0001/1 0834961. ATTACHMENT 3 Page 398 •' 1 Executed on May 6, 2019, at Los Angeles, California. 2 3 c Rita Turner 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -208988-00001110843970. PROOF OF SERVICE Page 399 5/22/2019 TRACCER - Search Contributions Dean C. Logan Registrar-Recorder/County Clerk ~~...........---~ [Printl Excel I Close Department Headquarters a 12400 Imperial Highway Norwalk, California 90650 [Page: 1 >> ] ] Date""" Contributor A"' 09/01/18 Marine Mandoyan (Manager, Los Angeles International Airport) Candidate or """' Officeholder Schedule""" (Type) Alex Villanueva A- Monetary 1397275 - VILLANUEVA FOR LOS ANGELES SHERIFF 2018 (IND - Individual) [Period: 07/01/18- Amount""" $1,500.00 09/22/18] INTERMEDIARY: eFundralsing Connections 09/01/18 Peter Mandoyan (Financial Consultant, Self-Employed - No Separate Business Name) Alex Villanueva A- Monetary 1397275 - VILLANUEVA FOR LOS ANGELES SHERIFF 2018 (IND - Individual) [Period:07 /01/18- $1,500.00 09/22/18] INTERMEDIARY: eFundraising Connections Total Monetary Contributions (A): $3,000.00 (does not include unitemized) Total Amount Received: [Print I Excel I Close] $3,000.00 [Page: 1 >> ] Disclaimer: TRACCER data is input by candidate committees. The RRCC does not amend information to edit variations in spelling, punctuation, use of abbreviations or inaccuracies. Therefore, search results may not be 100% accurate or inclusive. DEPOSITION EXHIBIT 3 efs.lacounty.gov/public_search_results.cfm?viewtype=pf&requesttimeout=1000&showall=yes&rept_type=ALLCon&CITY=Ia&LNM_CRIT=Mandoyan&... 1/1 Page 400 EXHIBIT CONFIDENTIAL 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 3 4 COUNTY OF LOS ANGELES, ) ) 5 Petitioner/Plaintiff, ) CASE NO. 19STCP00630 ) 6 vs. ) ) 7 8 9 10 ALEX VILLANUEVA, SHERIFF OF ) LOS ANGELES COUNTY SHERIFF'S ) DEPARTMENT; CAREN CARL ) MANDOYAN, an individual; ) LOS ANGELES COUNTY SHERIFF'S ) DEPARTMENT; and DOES 1 through ) 10, inclusive, ) ) 11 Respondents/Defendants. ) ________________________________ ) 12 13 14 CONFIDENTIAL 15 VIDEOTAPED DEPOSITION OF RAYMOND LEYVA 16 TAKEN FRIDAY, JUNE 7, 2019 17 LOS ANGELES, CALIFORNIA 18 19 20 21 Digital Reporter: LUIS VAZQUEZ 22 23 Transcribed by TERRI NESTORE, CSR No. 5614, RPR, CRR 24 Job No. 3416697 25 PAGES 1 - 206 Page 1 Veritext Legal Solutions 866 299-5127 Page 402 CONFIDENTIAL 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 3 4 COUNTY OF LOS ANGELES, ) ) 5 Petitioner/Plaintiff, ) CASE NO. 19STCP00630 ) 6 vs. ) ) 7 8 9 10 ALEX VILLANUEVA, SHERIFF OF ) LOS ANGELES COUNTY SHERIFF'S ) DEPARTMENT; CAREN CARL ) MANDOYAN, an individual; ) LOS ANGELES COUNTY SHERIFF'S ) DEPARTMENT; and DOES 1 through ) 10, inclusive, ) ) 11 Respondents/Defendants. ) ________________________________ ) 12 13 14 VIDEOTAPED DEPOSITION OF RAYMOND LEYVA, TAKEN ON 15 BEHALF OF THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, AT 16 10:25 A.M., FRIDAY, JUNE 7, 2019, AT 865 SOUTH FIGUEROA 17 STREET, LOS ANGELES, CALIFORNIA, BEFORE LUIS VAZQUEZ, 18 DIGITAL REPORTER, PURSUANT TO NOTICE. 19 20 21 22 23 24 25 Page 2 Veritext Legal Solutions 866 299-5127 Page 403 CONFIDENTIAL 1 APPEARANCES OF COUNSEL 2 3 4 FOR PETITIONER/PLAINTIFF: MILLER BARONDESS LLP BY: 5 LOUIS R. "SKIP" MILLER, ESQUIRE EMILY A. SANCHIRICO, ESQUIRE 1999 AVENUE OF THE STARS, SUITE 1000 6 LOS ANGELES, CALIFORNIA 90067 (310) 552-4400 7 smiller@millerbarondess.com esanchirico@millerbarondess.com 8 9 10 FOR RESPONDENTS/DEFENDANTS: QUINN EMANUEL URQUHART & SULLIVAN LLP BY: 11 JOHN S. GORDON, ESQUIRE 865 SOUTH FIGUEROA STREET, 10TH FLOOR LOS ANGELES, CALIFORNIA 90017 12 (213) 443-3000 johngordon@quinnemanuel.com 13 14 15 16 ALSO PRESENT: RICHARD SMITH, VIDEOGRAPHER 17 18 19 20 21 22 23 24 25 Page 3 Veritext Legal Solutions 866 299-5127 Page 404 CONFIDENTIAL 1 2 3 4 5 6 7 8 9 10 11 12 I N D E X WITNESS RAYMOND LEYVA EXAMINATION BY MR. GORDON (P.M. SESSION) BY MR. MILLER BY MR. GORDON BY MR. MILLER PAGE 7 65 149 193 201 NO. Exhibit 4 PAGE 102 Exhibit 5 134 Exhibit 6 138 Exhibit 7 146 13 14 15 16 E X H I B I T S DESCRIPTION Respondent's/Defendant's Sheriff Alex Villanueva and Los Angeles County Sheriff's Department Notice of Deposition of Raymond Leyva 2-page letter, March 5th, 2019, to Maryanne Keehn from Ray Leyva, Undersheriff (Designated Confidential) 17 18 19 20 21 22 23 24 25 2-page unsigned letter, February 5th, 2019, to Sachi Hamai from Alex Villanueva (Designated Confidential) 2-page email chain, top email from Shawn R. Kehoe on February 5th, 2019, to Rhonda L. Hennessy (Designated Confidential) Page 4 Veritext Legal Solutions 866 299-5127 Page 405 CONFIDENTIAL 1 2 3 4 5 6 7 8 9 10 11 QUESTIONS INSTRUCTED BY COUNSEL NOT TO ANSWER PAGE LINE 9 8 9 17 21 21 22 20 23 1 48 5 48 19 113 1 113 9 117 23 118 8 119 5 120 18 121 17 134 23 135 20 136 14 137 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 Veritext Legal Solutions 866 299-5127 Page 406 CONFIDENTIAL 1 LOS ANGELES, CALIFORNIA; 2 FRIDAY, JUNE 7, 2019, 10:25 A.M. 3 4 5 THE VIDEOGRAPHER: 2019. Today's date is June the 7th, The time is 10:25 a.m. 6 Please note that the microphones are sensitive 7 and might pick up whispering, private conversations and 8 cellular interference. 9 phones and place them away from the microphones, as they 10 11 Please turn off all your cell can interfere with the deposition audio. The audio and video recording will continue to 12 take place unless all parties agree to go off the record. 13 This is Media Unit No. 1 of the video deposition 14 of Mr. Raymond Leyva. It's being taken by counsel for the 15 defendant, in the matter of the County of Los Angeles vs. 16 Alex Villanueva, et al. 17 Superior Court of California for the County of 18 Los Angeles, Central District. It's pending trial in the 19 Docket number is 19STCP00630. 20 The deposition is being held at the law firm of 21 Quinn Emanuel, located at 865 South Figueroa Street on the 22 10th floor, Los Angeles, California, 90017. 23 My name is Richard Smith. 24 I'm here with court reporter Mr. Luis Vazquez. 25 We are from Veritext Legal Solutions. I'm the videographer. Page 6 Veritext Legal Solutions 866 299-5127 Page 407 CONFIDENTIAL 1 2 I am not related to any party in this action, nor am I financially interested in the outcome. 3 4 If counsel now present in the room can now state their affiliations for the record. 5 If there are any objections to the proceeding, 6 please state them at the time of your appearance, and 7 we'll begin with the noticing attorney. 8 9 10 MR. GORDON: John Gordon of Quinn Emanuel on behalf of Alex Villanueva, sheriff of Los Angeles County, and Los Angeles County Sheriff's Department. 11 MR. MILLER: And Skip Miller representing the 12 County of LA and representing Mr. Leyva, the witness; and 13 along with me is my colleague Emily Sanchirico. 14 15 THE VIDEOGRAPHER: Thank you. If I could have the court reporter please swear in the witness. 16 17 RAYMOND LEYVA, 18 having been first duly sworn, 19 was examined and testified as follows: 20 21 THE REPORTER: Thank you. You may proceed. 22 23 24 25 EXAMINATION BY MR. GORDON: Q. Mr. Leyva, do you have any documents to produce Page 7 Veritext Legal Solutions 866 299-5127 Page 408 CONFIDENTIAL 1 that were demanded by your deposition subpoena? 2 3 MR. MILLER: I'll handle that. The answer is no. BY MR. GORDON: 4 Q. Have you ever been deposed before? 5 A. Yes, sir. 6 Q. About how many times? 7 A. Approximately 25 to 30. 8 Q. And were those criminal cases? 9 A. No. 10 Q. Were any of them administrative discipline-type 11 cases? 12 A. One. 13 Q. And were any of them civil liability cases that 14 the Sheriff's Department was defending against? 15 A. Yes. 16 Q. Any other types of cases that you've been deposed 18 A. No, sir. 19 Q. Now, you understand that your deposition today is 17 20 in? under oath, right? 21 A. Yes. 22 Q. And you'll be subject to penalties of perjury if 23 you intentionally make false statements under oath -- 24 A. Yes. 25 Q. -- do you understand that? Page 8 Veritext Legal Solutions 866 299-5127 Page 409 CONFIDENTIAL 1 Now, I'll be asking you questions, your counsel 2 may object, but unless your counsel instructs you not to 3 answer and you follow that instruction, you're required to 4 answer my questions. Do you understand that? 5 A. Yes. 6 Q. Are you represented by an attorney today? 7 A. By Mr. Miller and his associate. 8 Q. And do you -- have you entered into a written 9 engagement agreement with Mr. Miller -- 10 11 12 MR. MILLER: Objection. BY MR. GORDON: Q. -- and his firm? 13 MR. MILLER: 14 Attorney-client privilege. 15 I instruct you not to answer that. 16 17 That's none of your business. BY MR. GORDON: Q. You understand I'm not asking for any of the 18 terms of any engagement agreement you've entered into, I'm 19 asking if you have entered into an engagement agreement. 20 Is the instruction still the same? 21 MR. MILLER: 22 Same objection, same instruction. 23 MR. GORDON: Same instruction. And do we have a stipulation here, 24 like we had one in the Alicia Ault deposition, that if you 25 instruct your witness not to answer, he is deemed not to Page 9 Veritext Legal Solutions 866 299-5127 Page 410 CONFIDENTIAL 1 have answered, pursuant to your instruction? 2 MR. MILLER: Sure. 3 MR. GORDON: And I need not ask him for his 4 confirmation? 5 6 MR. MILLER: Sure, John. That's fine. BY MR. GORDON: 7 Q. Now, you must answer questions audibly and with 8 words. Nods or shakes of the head can't be transcribed by 9 the court reporter. Do you understand that? 10 A. Yes. 11 Q. Now, this court reporter is transcribing the 12 deposition and he can take down the words of only one 13 speaker at a time. 14 before you answer, and I will wait until you finish 15 answering before asking my next question. 16 Do you understand that? Please wait until I finish my question 17 A. Yes. 18 Q. Please ask for clarification if you don't 19 understand my question and I will do my best to rephrase 20 it. 21 you understood it. If you answer the question, it will be assumed that Do you understand that? 22 A. Yes. 23 Q. Now, if you need a break, let me know, but you 24 need to answer any pending question before we take a 25 break, unless you need to consult with your attorney about Page 10 Veritext Legal Solutions 866 299-5127 Page 411 CONFIDENTIAL 1 whether you have a legal privilege not to answer my 2 question. Do you understand that? 3 A. Yes. 4 Q. So if I ask you a question, was the light red or 5 the light green, and you simply want to discuss what's the 6 best answer, you're not allowed to simply take a break and 7 say, "I want to go talk to my counsel." 8 Do you understand that? 9 A. Yes. 10 Q. But if I asked you a question that you think 11 calls for an attorney-client privileged or other type of 12 privileged answer, you can ask to take a break and I will 13 provide you one for that purpose. Do you understand? 14 A. Yes. 15 Q. Now, there may be times you don't have exact 16 information but you can make a reasonable approximation, 17 so if you can provide a reasonable approximation, please 18 do so and let me know that's what you're doing, okay? 19 A. Yes. 20 Q. Now, there may be times that you believe you know 21 the answer but you weren't a hundred percent sure. If you 22 believe you know the answer but you aren't sure, please 23 let me know what you believe the answer to be, with the 24 caveat or understanding that you're not completely sure of 25 that answer. Do you understand that? Page 11 Veritext Legal Solutions 866 299-5127 Page 412 CONFIDENTIAL 1 A. Yes. 2 Q. Now, you'll have an opportunity, after this 3 deposition, to review a transcript that will be prepared 4 by the court reporter, and you will have the ability to 5 change or correct any answer in that deposition but do you 6 understand that counsel will be able to comment on any 7 changes that you make to your deposition? 8 A. Yes. 9 Q. Am I correct in assuming you've never been 10 convicted of a felony? 11 A. That's correct. 12 Q. Am I also correct in assuming you've never been 13 the subject of any discipline by the Los Angeles Sheriff's 14 Department yourself? 15 A. No. 16 Q. How many times have you been disciplined by the 17 Los Angeles County Sheriff's Department yourself? 18 A. Twice. 19 Q. About when was the -- approximately when was the 20 first time? 21 A. I believe in 1982. 22 Q. And what was your rank at the time? 23 A. Deputy. 24 Q. What was the subject of the discipline? 25 That is, what was the subject matter or the Page 12 Veritext Legal Solutions 866 299-5127 Page 413 CONFIDENTIAL 1 reason for the discipline? 2 A. We embarrassed -- I embarrassed the Department. 3 Q. And what -- was a finding made that in fact you 4 had embarrassed the Department? 5 A. Yes. 6 Q. Did you contest that after discipline was 7 imposed? 8 A. No. 9 Q. What was the specific circumstance that resulted 10 11 in you being found to have embarrassed the Department? A. I had cooperated with the FBI in identifying 12 several robbery suspects and I had given that information 13 to the FBI before I told my Department. 14 Q. Is there a particular reason you did that? 15 A. No. Just we had a better relationship with that 16 FBI agent than we did with members of our Department at 17 that time. 18 Q. When you say "we," who was the "we"? 19 A. Oh, myself and my partner at the time. 20 21 MR. MILLER: about something that happened almost 40 years ago? 22 23 24 25 Are you really going to ask him This trivial? BY MR. GORDON: Q. What was the second incident in which you were disciplined by the Department? Page 13 Veritext Legal Solutions 866 299-5127 Page 414 CONFIDENTIAL 1 A. I failed to qualify for one trimester. 2 Q. And when you say you failed to qualify, you 3 failed to qualify in what respect? 4 5 A. I didn't take -- I didn't go shoot my weapon during the qualifying trimester. 6 Q. And approximately when was that? 7 A. 1996. 8 Q. Did you challenge that discipline? 9 A. No. 10 Q. Did either discipline result in any time off 12 A. The first one or the second one? 13 Q. Did either one? 14 A. The first one did, yes. 15 Q. How much time did you get off work? 16 A. Five days. 17 Q. And that was suspension without pay? 18 A. Yes. 19 Q. The second one did not result in any suspension 11 20 work? from time at work? 21 A. No, sir. 22 Q. Are those the only two incidents in which you've 23 been disciplined by the LASD? 24 A. There was one other in 2002, I believe. 25 Q. What was that discipline for? Page 14 Veritext Legal Solutions 866 299-5127 Page 415 CONFIDENTIAL 1 A. There was a claim made against me of retaliation 2 in a policy of equality case that had transpired in the 3 unit that I was in charge of, and initially it was founded 4 as a written reprimand. 5 6 Q. When you say "initially," was there a subsequent change to that finding? 7 A. Yes. 8 Q. What was the subsequent change? 9 A. I objected to the charge, and it was unfounded. 10 Q. Who determined that it was unfounded? 11 A. The division chief and the assistant sheriff in 12 13 14 charge at the time. Q. And was that the end of the proceeding after you challenged it and it was found to be unfounded? 15 A. Yes. 16 Q. Are those the only three times that you were 17 disciplined by the Los Angeles Sheriff's Department? 18 19 That is, the embarrassment, the failure to qualify, and the -- how would you describe the third one? 20 A. Allegation of retaliation. 21 Q. Allegation of retaliation? 22 A. I believe so. 23 Q. Is there any reason you can't give your best 24 testimony today, either because you're on medication that 25 affects your thinking or you're ill or anything else? Page 15 Veritext Legal Solutions 866 299-5127 Page 416 CONFIDENTIAL 1 A. No, sir. 2 Q. Is there any reason you can't give full and 3 truthful testimony today? 4 A. No, sir. 5 Q. Now, were you aware, prior to May 29th, 2019, 6 that you had been subpoenaed to appear at our office for 7 your deposition? 8 A. Yes. 9 Q. Did you appear on May 29, 2019, at our office? 10 A. No, sir. 11 Q. Why not? 12 A. There was a miscommunication upon my -- between 13 14 15 my part and my attorneys. Q. Did you think the deposition was not going forward on May 29th, at the time you didn't appear? 16 MR. MILLER: It's obvious. 17 MR. GORDON: It's an inappropriate objection. 18 If you have an objection, state the grounds. 19 MR. MILLER: 20 Yeah, but these are inappropriate questions. 21 MR. GORDON: State the ground for it. 22 MR. MILLER: There was a miscommunication and 23 obviously he would have been here, had he known the 24 deposition was going forward. 25 MR. GORDON: You shouldn't be testifying. Page 16 Veritext Legal Solutions 866 299-5127 Page 417 CONFIDENTIAL 1 That's not a ground for an objection, Skip. 2 State the legal ground for your objection, I'll 3 either withdraw my question or pursue it. 4 MR. MILLER: Okay. It's not relevant to the 5 subject matter, it's not reasonably calculated to lead to 6 the discovery of admissible evidence, it's harassing, it's 7 unnecessary, it's unbecoming and you don't need to go 8 through this kind of time wasting. 9 BY MR. GORDON: That's my objection. 10 Q. All right. 11 A. What was the question, again? 12 13 You can answer the question. MR. GORDON: Would you restate the question, please? 14 THE REPORTER: 15 MR. GORDON: 16 Q. Did you think the depo... I'll just re-ask the question. As of the morning of May 29, 2019, did you 17 believe a deposition was supposed to proceed at our office 18 for you? 19 A. Not on that date. 20 Q. When did you think, as of the morning of May 29, 21 22 23 24 25 2019, the deposition for you was supposed to occur? MR. MILLER: Wait a minute. I object on this -- this also invades attorney-client privilege. You've already got the testimony that there was a miscommunication between our office and our client. I Page 17 Veritext Legal Solutions 866 299-5127 Page 418 CONFIDENTIAL 1 don't want you to testify, Ray, to any communications that 2 you had with me or Emily or Mira or any attorney in our 3 office, okay? 4 BY MR. GORDON: 5 Q. Otherwise, you can answer the questions. I'm asking you when did you, in your own mind, as 6 of the morning of May 29th, before 9:00 a.m., believe that 7 any deposition of you was supposed to occur? 8 A. May 31st. 9 Q. When did you decide, on the morning -- strike 10 that. 11 12 On the morning of May 29, 2019, did you make any decision not to appear at our office for a deposition? 13 A. Yes. 14 Q. And at what time did you decide not to appear at 15 our office for your deposition on May 29th, 2019? 16 A. I have no idea. 17 Q. Did you communicate with anyone for purposes of 18 preparing for this deposition? 19 20 MR. MILLER: 23 24 25 You can say who but don't tell him what we discussed. 21 22 I had not planned on being here. THE WITNESS: Yes. BY MR. GORDON: Q. How many people did you communicate with to prepare for this deposition? A. Three people. Page 18 Veritext Legal Solutions 866 299-5127 Page 419 CONFIDENTIAL 1 Q. Who were they? 2 A. Mr. Skip Miller, Emily, and Mira Hashmall. 3 Q. Are those the only three people you've 4 communicated with for the purpose of preparing for this 5 deposition? 6 A. Yes, sir. 7 Q. So how many times did you communicate with 8 someone to prepare for this deposition? 9 A. Twice. 10 Q. When was the first time? 11 A. I believe May the 27th or 28th. 12 Q. And how many people did you communicate with on I'm not sure. 13 that date, of that approximate date, to prepare for your 14 deposition? 15 A. Two. 16 Q. Who were they? 17 A. Mr. Miller and Ms. Hashmall. 18 Q. About how long did that -- strike that. 19 Was that an in-person meeting? 20 A. Yes. 21 Q. About how long did that meeting last? 22 A. About an hour. 23 Q. Did you review any documents during that meeting 24 25 to prepare to testify at this deposition? A. No. Page 19 Veritext Legal Solutions 866 299-5127 Page 420 CONFIDENTIAL 1 Q. And the... are you familiar with any of the 2 testimony of Alicia Ault from her May 23rd, 2019, 3 deposition? 4 A. No. 5 Q. When is the second time that you had any 6 communication with anyone to prepare for your deposition? 7 A. Yesterday. 8 Q. Was that in person? 9 A. Yes. 10 Q. For about how long? 11 A. About an hour. 12 Q. Did you review any documents to prepare to 13 testify at this deposition, during that meeting? 14 A. No. 15 Q. Have you discussed anything that you thought 16 would be the subject matter of this deposition with anyone 17 other than your attorneys; that is, Mr. Miller and his 18 colleagues? 19 A. 20 My wife. MR. MILLER: Okay, you have a marital privilege, 21 so don't testify to what you and your wife discussed, 22 because of the marital privilege, but you can answer his 23 questions otherwise. 24 BY MR. GORDON: 25 Q. Other than your wife, have you discussed with Page 20 Veritext Legal Solutions 866 299-5127 Page 421 CONFIDENTIAL 1 anyone, any matters that you believe would be addressed at 2 this deposition, besides your wife and your attorneys? 3 A. No. 4 Q. So you never discussed with any former or current 5 LASD personnel, any subject matter after you were served 6 with your subpoena that you thought would come up at this 7 deposition? 8 A. No. 9 Q. Other than your wife, Mr. Miller, and his two 10 colleagues that you've referenced, have you discussed with 11 anyone, any matter that you thought would come up at the 12 subject of this deposition, after you received your 13 deposition subpoena? 14 MR. MILLER: 15 18 19 Asked and answered but you can go ahead and answer it again. 16 17 Objection. THE WITNESS: No. BY MR. GORDON: Q. Did you bring any written notes with you to this deposition? 20 A. No. 21 Q. When did you enter -- when did you enter into any 22 23 agreement with Mr. Miller's firm for you to represent him? MR. MILLER: Objection. Calls for 24 attorney-client privileged information, assumes facts not 25 in evidence, and I'm going to instruct you not to answer Page 21 Veritext Legal Solutions 866 299-5127 Page 422 CONFIDENTIAL 1 on the basis of privilege. 2 BY MR. GORDON: 3 Q. Have you entered into any type of understanding 4 with anyone that Mr. Miller's firm would represent you at 5 this deposition? 6 MR. MILLER: Well, he certainly entered into an 7 understanding with me. 8 BY MR. GORDON: 9 Q. I'm here. When did you enter -- well, is that true, what he 10 just said? 11 anyway. 12 you shouldn't be testifying. 13 And that's not an appropriate objection You can state the grounds for your objection, but Have you entered into any understanding with 14 anyone from Mr. Miller, to represent you in this 15 deposition? 16 A. Mr. Miller. 17 Q. Okay. 18 A. Um, maybe the first or second week of May. 19 20 And when was that? Approximately. I'm not sure. Q. And are you paying anyone for Mr. Miller's firm 21 to represent you in connection with your testimony as a 22 witness at this deposition? 23 MR. MILLER: 24 privilege. 25 BY MR. GORDON: Objection. That's attorney-client Instruct the witness not to answer. Page 22 Veritext Legal Solutions 866 299-5127 Page 423 CONFIDENTIAL 1 Q. Have you disclosed any information to Miller -- 2 Mr. Miller or other attorneys from his firm, concerning 3 any of the matters that you think will be covered at this 4 deposition? 5 MR. MILLER: Objection. 6 Attorney-client privilege and Ray, I instruct you 7 not to answer that question. 8 BY MR. GORDON: 9 Q. And have you received any legal advice from 10 Mr. Miller or other attorneys from his firm for purposes 11 of preparing for this deposition? 12 13 MR. MILLER: no but don't tell him what advice we've given you. 14 15 16 17 You can answer that question yes or THE WITNESS: Yes. BY MR. GORDON: Q. What was your first full-time job as a law enforcement officer? 18 A. Police officer for the City of Burbank. 19 Q. Approximately when was that? 20 A. December of 1976. 21 Q. How long did you remain as a police officer for 22 the City of Burbank? 23 A. A little over four years. 24 Q. And did you leave in approximately 1980? 25 A. '81. Page 23 Veritext Legal Solutions 866 299-5127 Page 424 CONFIDENTIAL 1 Q. At the time you left the Burbank Police 2 Department in about 1981, what was your rank at the 3 Burbank Department? 4 A. Police officer. 5 Q. What was your next job after leaving the Burbank 6 Police Department in about 1981? 7 A. Deputy sheriff for the County of Los Angeles. 8 Q. And what was the reason you left the Burbank 9 Police Department? 10 A. More opportunity. 11 Q. How long did you remain as an LASD officer from 12 the time you joined in 1981? 13 A. In a couple weeks I'll have 35 years. 14 Q. And the rank that you held during those 35 years, 15 16 17 18 19 could you list them for me? A. Deputy sheriff, sergeant, lieutenant, captain, commander. Q. When did you leave the Department after first joining it? 20 MR. MILLER: Didn't you forget undersheriff? 21 MR. GORDON: You're not listening to the 22 question. 23 inappropriate. 24 for it. 25 His answer -- first of all, that's You can object if there's a legal ground MR. MILLER: I'm just trying to help move this Page 24 Veritext Legal Solutions 866 299-5127 Page 425 CONFIDENTIAL 1 along. 2 MR. GORDON: I understood what his answer was and 3 he understood what his answer was. 4 me. That's not helping me. 5 6 7 8 You don't need to help MR. MILLER: Sorry. BY MR. GORDON: Q. At the time you left the Department after 35 years, was that about 2016? 9 A. Yes. 10 Q. What was your rank at the time you left? 11 A. Commander. 12 Q. What was your specific area of responsibility as 13 a commander? 14 A. Custody division, general services. 15 Q. Why did you -- strike that. 16 Commander of what? Did you retire from the Department in 2016? 17 A. Yes, sir. 18 Q. Was the -- what was the reason you retired from 19 the Department in about 2016? 20 A. 21 enough. 22 Q. Did you retire on disability from the Department? 23 A. Yes. 24 Q. Did the disability have anything to do with your 25 I figured 40 years of law enforcement work was decision to retire in 2016? Page 25 Veritext Legal Solutions 866 299-5127 Page 426 CONFIDENTIAL 1 A. No. 2 Q. How long had you been disabled, if at all, prior 3 to the time of your retirement in 2016 from the 4 Department? 5 A. About a year. 6 Q. So you had been -- you had been declared disabled 7 by the Department approximately a year before you retired 8 in '16? 9 A. 10 11 The Department did not declare me disabled. I was off on disability leave. Q. Was any declaration of disability made by any 12 County agency or Department as of the time you were on 13 disability leave? 14 A. I don't understand the question. 15 Q. Okay. 16 For the last year, you were on disability, right? 17 A. Yes, sir. 18 Q. Were you reporting to duty at the Department 19 while you were on disability the last year of your 20 original service, 35-year service? 21 A. No, sir. 22 Q. So you were off duty? 23 A. Yes. 24 Q. Okay. 25 Were you collecting your pay while on disability for the approximately last year you served the Page 26 Veritext Legal Solutions 866 299-5127 Page 427 CONFIDENTIAL 1 first time at LASD? 2 A. Yes. 3 Q. What was the nature of the disability? 4 A. Un... 5 tunnel, knees, neck and some heart issue. 6 7 Q. A. The only percentage I saw was a nine percent issue with my heart. 10 11 And was there any percentage of disability that you were determined to be suffering from? 8 9 two herniated discs in the back, carpal Q. So from 2016, at the time you retired on disability, until you had any other job -- strike that. 12 After you retired on disability from the 13 Department in 2016, did you ever have any other full-time 14 job? 15 A. In December of 2018. 16 Q. Which job was that? 17 A. I returned to the Department, at the request of 18 19 Sheriff Villanueva, to be the undersheriff for LA County. Q. Was that your official title at the time you 20 returned to the Department in December of 2018, 21 undersheriff? 22 A. Initially it was executive officer. 23 Q. And do you know why it was executive officer 24 rather than undersheriff, at the time you returned in 25 December 2018 to the Department? Page 27 Veritext Legal Solutions 866 299-5127 Page 428 CONFIDENTIAL 1 2 3 4 5 A. Because I was coming back as a civilian item, civilian personnel, not sworn. Q. And why were you no longer sworn as of December of 2018? A. Because I had retired from my position and under 6 new Public Employee Pension Reform Act laws, I could not 7 come back in a safety position. 8 Q. In what position? 9 A. Safety position. 10 Q. Did you run for sheriff in 2006? 11 That is, sheriff of LA County? 12 A. Yes. 13 Q. Who won that election? 14 A. Lee Baca. 15 Q. Do you hold advanced degrees from any university? 16 A. I have a Master's in business administration from 17 Pepperdine University. 18 Q. And you have an undergraduate degree? 19 A. A Bachelor of Science in business administration 20 21 22 from Cal State University-Los Angeles. Q. appeared at work -- strike that. 23 24 25 What was the last day that you physically After you originally came back in December 2018 as executive officer -- did I hear that correctly? A. Yes, sir. Page 28 Veritext Legal Solutions 866 299-5127 Page 429 CONFIDENTIAL 1 2 Q. As executive officer, did you subsequently formally hold the title of undersheriff at the LASD? 3 A. No, sir. 4 Q. Pardon me? 5 A. No, sir. 6 Q. From the time you came back in December of 2018 7 forward, were you ever the holder of the title at the 8 Department, other than executive officer? 9 A. Formally, no. 10 Q. What about informally? 11 A. Informally I was considered the undersheriff. 12 Q. How long did you serve as executive officer under 13 Sheriff Villanueva, once you became executive officer in 14 December of 2018? 15 A. Approximately three-and-a-half months. 16 Q. What was the last day that you physically 17 appeared at work as executive officer under Sheriff 18 Villanueva? 19 A. I believe it was March 18th. 20 Q. 2019? 21 A. Yes, sir. 22 Q. What was the last day that you officially served 23 as an employee of the Sheriff's Department? 24 A. March 18th. 25 Q. What... strike that. Page 29 Veritext Legal Solutions 866 299-5127 Page 430 CONFIDENTIAL 1 2 Did you resign as of March 18th, 2019, from the Sheriff's Department? 3 A. No. 4 Q. What was the -- what were the circumstances 5 surrounding your departure from the Department on 6 March 18th, 2019? 7 A. I was fired by the sheriff. 8 Q. When is the first time that you understood you 9 were being fired by the sheriff? 10 A. March 18th. 11 Q. Tell me the circumstances under which the sheriff 12 fired you on March -- strike that. 13 Are you saying the firing occurred on March 18th? 14 A. Yes, sir. 15 Q. Tell me the circumstances surrounding the 16 17 sheriff's firing of you on March 18th, 2019. A. I had been told that I was going to meet with him 18 at 9:00 o'clock on Monday morning to discuss the hiring of 19 a legislative sergeant who would be serving the Department 20 in Sacramento, and that I was supposed to bring all the 21 information on the candidates and the process that had 22 been used to determine who that sergeant was. 23 So at 9:00 o'clock I was told the sheriff's not 24 in, be here at 9:30. So I went to his office -- I 25 actually went into the office of Larry Del Mese because Page 30 Veritext Legal Solutions 866 299-5127 Page 431 CONFIDENTIAL 1 Sheriff Del Mese and I believe Roel Garcia were in the 2 office with all the material that they had requested and 3 at that time Larry said, well, I think we should go into 4 the library. 5 So we got up, we went into the library, which is 6 a room adjacent to the Sheriff's Office and Mr. Del Mese's 7 office. 8 the sheriff said, I'm going to put a sworn person in your 9 position, and I said, what? We sat down, I put the material on the desk and He said, I am going to put a 10 sworn person in your position. 11 today? 12 the opportunity, I wish you the best, I shook his hand and 13 I walked out. 14 Q. He said yes. I said, is that effective I stood up, I said, thank you for Did you have any belief that you were being fired 15 for any reason other than the sheriff wanted to put a 16 sworn person in as undersheriff? 17 18 19 20 A. That's all I was told. I have no other... no else to base it on, I'm sorry. Q. And I'm asking you, did you believe that was his real reason for firing you? 21 A. You'd have to ask the sheriff. 22 Q. No, no, I'm just asking in your own mind, did you 23 24 25 believe that was his real reason for firing you? MR. MILLER: him not to speculate. Calls for speculation and you told You can answer it, if you can. Page 31 Veritext Legal Solutions 866 299-5127 Page 432 CONFIDENTIAL 1 If it's pure speculation, don't do that. 2 THE WITNESS: 3 I'm going to go with what he said. BY MR. GORDON: 4 Q. You're saying for you to tell me what you, in 5 your own mind, thought about his reason for firing you was 6 speculation? 7 A. It would just be a guess on my part and I don't 8 know that that... 9 what he wanted to do, that was his reason for it, and I'm 10 you know, bears anything. He told me an at-will employee, I accept that. 11 Q. I understand that. I'm asking you in your own 12 mind, did any thought go through your head about why you 13 believed he was firing you? 14 15 MR. MILLER: Objection. BY MR. GORDON: 16 Q. If it was any different from what he said the 17 reason was; namely, he wanted to put a sworn person in 18 your position? 19 MR. MILLER: Excuse me. I object. 20 was a guess. 21 that. 22 idea, you should answer the question. 25 I agree with Don't guess, don't speculate but if you have any 23 24 You told him don't speculate. He said it THE WITNESS: Yes. BY MR. GORDON: Q. Yeah. What thought went through your mind when Page 32 Veritext Legal Solutions 866 299-5127 Page 433 CONFIDENTIAL 1 he told you he was firing you because he wanted to put a 2 sworn person in your position, about what his true reason 3 might be? 4 A. I just -- at that point, I believed that he was 5 tired of me trying to keep him focused and working within 6 policy and procedures and he was tired of listening to me 7 constantly saying, you know, we can't do it that way. 8 9 Q. About how often had you told him that he couldn't do what he wanted to do, in the way he wanted to do it? 10 A. Many times. 11 Q. Can you recount for me the things you told him he 12 13 couldn't do in the way he wanted to do them? A. I told him we couldn't hire Mandoyan back the way 14 he wanted to do it. 15 truth and reconciliation panel the way it was being done. 16 I told him we couldn't change the promotional processes 17 the way he was trying to do it. 18 change the guidelines for the classifications the way he 19 was trying to do it. 20 I told him we couldn't establish a I told him we had to... I told him we couldn't um, work with the 21 different entities in the County to get things 22 accomplished, and not just unilaterally. 23 I'm sure there are others. 24 25 MR. MILLER: Um, and I'm -- I just -- just... Excuse me. too many. Could you read the answer back for me, please? Page 33 Veritext Legal Solutions 866 299-5127 Page 434 CONFIDENTIAL 1 (Record played back). 2 MR. MILLER: Could you start that again, because 3 I think you missed the top. Start from the top, when he 4 started with the answer. 5 said regarded -- was regarding Mandoyan. I thought the first thing you 6 I think you missed that. 7 (Record played back.) 8 MR. MILLER: Thank you. 9 MR. GORDON: I know I'm up. You're up, John. You just had him 10 play the entire thing over again instead of just asking 11 him to play the first line. 12 Q. Now, when you said that you told him he couldn't 13 hire Mandoyan the way he wanted to do it, when was the 14 first time you told him something like that? 15 16 17 18 A. Probably within the first or second week of his taking office. Q. When did -- when did you begin work as executive officer under Sheriff Villanueva in December 2018? 19 A. I believe December 4th. 20 Q. And the first time -- you said in the first or 21 second week of him taking office you told him he couldn't 22 hire Mandoyan back the way he wanted to do it, who was 23 present during that communication? 24 A. I'd have to guess. 25 Q. Do you remember anyone specific, other than you Page 34 Veritext Legal Solutions 866 299-5127 Page 435 CONFIDENTIAL 1 and the sheriff, being present during that communication? 2 A. 3 Garcia. I would guess probably Larry Del Mese, Roel 4 MR. MILLER: 5 THE WITNESS: 6 Maybe Eli Vera, Chief Vera. 7 Who Garcia was it? Roel Garcia. BY MR. GORDON: 8 Q. Anyone else? 9 A. I can't remember now. 10 Q. By the way, other than believing that Sheriff 11 Villanueva was firing you because he got tired of you 12 telling him what you said you told him too often, did you 13 have any other thought in your mind, at the time he fired 14 you, about why he might be firing you? 15 In other words, was the one reason that you had 16 in your mind, the one you've told me about or did you have 17 any other reasons for thinking that he might have fired 18 you? 19 A. No. 20 Q. All right. 21 Going back to the Mandoyan issue. When you first told him that he couldn't hire 22 Mandoyan back the way he wanted to do it and you believe 23 these other senior executives were present, was that in 24 person at the office? 25 A. Yes. Page 35 Veritext Legal Solutions 866 299-5127 Page 436 CONFIDENTIAL 1 Q. How did the issue come up on that occasion? 2 A. I believe it was in a general discussion of 3 different things that the sheriff was wanting to do and he 4 wanted to bring Deputy Mandoyan back through the truth and 5 reconciliation panel. 6 that came up when they was talking about establishing the 7 panel, getting Mandoyan back, and then, you know, a 8 variety of things he was talking about, you know. 9 10 I said -- and I think that's how That was... Q. What, if anything, did you know about this issue 11 concerning possibly bringing Mandoyan back, at the time 12 you had that first discussion with him concerning your 13 view that he couldn't do it the way he wanted to do it? 14 A. My view on it was that he couldn't do it because 15 -- one, because there was no truth and reconciliation 16 panel or process in existence. Didn't exist yet. 17 And I wasn't familiar with all the circumstances 18 on Mandoyan but I knew it had been over two years, almost 19 two-and-a-half years since he had been released from the 20 Department or fired, and it was my understanding they were 21 just trying to reinstate him into the Department, which I 22 didn't believe they could do because of the time frame 23 since he had been released, and by trying to go through 24 this truth and reconciliation panel I said, well, you can 25 do that, but you have to have it first. You can't just Page 36 Veritext Legal Solutions 866 299-5127 Page 437 CONFIDENTIAL 1 say you did it. 2 wasn't. 3 Q. There has to be a process and there So I said, you can't do that. Did you explain to him what type of process you 4 thought he needed to go through to be able to bring 5 Mandoyan back? 6 A. Yes. 7 Q. What did you explain to him was the process that 8 you thought he had to implement in order to properly bring 9 Mandoyan back? 10 A. Well, I initially told him that I didn't -- just 11 the little that I knew about Mandoyan -- I had never met 12 Mandoyan until maybe a couple weeks before this 13 discussion, and really had not -- or basic understanding 14 of his case, but I told him that if you want to use that 15 process, you need to establish it first and you need to 16 get the buy-in from OIG and COC because you're changing 17 the whole procedure for the Department. 18 The Office of Inspector General is going to have 19 to buy into it, the Civilian Oversight Commission is going 20 to have to buy into it and if you get everybody's 21 concurrence, it will be that much easier to work through 22 that process. 23 And my recommendation at that time was don't make 24 him your first case. You want to hire more people back, 25 bring them in first and make him six, seven, eight -Page 37 Veritext Legal Solutions 866 299-5127 Page 438 CONFIDENTIAL 1 whatever -- but get some that are fairly easy and not so 2 high profile as someone who has a domestic violence issue 3 in his background. 4 Once you establish that process, we can look at 5 his case -- because I had no idea what all the details of 6 the case were -- and if there is a valid way of bringing 7 him back, then we'll have to rehire him because you can't 8 reinstate him. 9 10 Q. Why did you think you couldn't -- that the sheriff couldn't reinstate him? 11 A. Because he'd been terminated from County service 12 over two years, two-and-a-half years and anything -- I 13 don't think he, under even POST rules, he could be 14 reinstated. 15 reestablish his POST credentials and a whole myriad of 16 things that have to take place before you can just be 17 brought back into the Department. 18 19 Q. He would have to come in as a new hire and Did you think that would apply even if his discharge was rescinded? 20 MR. MILLER: That calls for a legal conclusion. 21 I mean, you can answer it, if you can answer it. 22 THE WITNESS: I didn't know if he could even -- 23 there was a process to rescind it after that length of 24 time. 25 BY MR. GORDON: Page 38 Veritext Legal Solutions 866 299-5127 Page 439 CONFIDENTIAL 1 Q. Did you, in your own mind, believe that if the 2 discharge was determined to be improper by the Civil 3 Service Commission more than two years after his 4 discharge, he could be brought back? 5 MR. MILLER: Can I have that question read back? 6 (Record played back.) 7 MR. MILLER: Calls for a legal conclusion but you 8 can answer it, if you know. Also it's also a hypothetical 9 question because it assumes facts not in evidence because 10 the Civil Service Commission affirmed, upheld the 11 discharge. 12 13 MR. GORDON: You're stating more than the legal grounds for your objection. 14 Q. But you understand my question is in your own 15 mind, did you have any belief as to whether a deputy who 16 was ordered reinstated by the Civil Service Commission 17 more than two years after discharge, could be brought 18 back? 19 20 MR. MILLER: Same objection, but you can answer the question, if you understand it. 21 THE WITNESS: I understand it but I don't know. 22 It would have to -- the Civil Service Commission 23 would have to overturn its own decision which they made 24 two-and-a-half years prior, to terminate him, and then 25 they somehow would have to work through POST to reinstate Page 39 Veritext Legal Solutions 866 299-5127 Page 440 CONFIDENTIAL 1 or remove that from his... 2 how that would happen. 3 BY MR. GORDON: his history, and I don't know 4 Q. And POST is an acronym for what? 5 A. Peace Officer Standards and Training Commission. 6 Q. And you've already explained what OIG and COC 7 stood for, right? 8 A. Yes. 9 Q. When you told the sheriff that he couldn't hire 10 Mandoyan back the way he wanted to do it, as you've 11 described in your testimony right now, did the sheriff 12 have any response? 13 14 A. him back. Something to the effect of, well, I want to get Okay. 15 Q. Was that his only response that you recall? 16 A. Yes. 17 Q. Did anyone else in the meeting say anything 18 concerning your advice to him about not being able to hire 19 Mandoyan back the way you wanted to do it? 20 A. I believe every party in there agreed with me 21 that we couldn't do that the way the sheriff wanted to do 22 it. 23 24 25 Q. So did anyone say anything supporting the sheriff's view of whether he could do it? A. Not in that meeting. Page 40 Veritext Legal Solutions 866 299-5127 Page 441 CONFIDENTIAL 1 Q. After... After that meeting that you've just 2 testified about, which I believe you said occurred in the 3 first or second week of his administration, after he was 4 sworn in December 3rd, did you ever have any other 5 discussion or communication with the sheriff about the 6 possible bringing back of Mandoyan as a deputy? 7 8 A. No. I was pretty much not consulted on Mandoyan after that. 9 Q. Did you overhear any further discussions about 10 the possibility of bringing Mandoyan back, following this 11 one meeting that occurred in the first or second week of 12 the sheriff's administration? 13 14 A. that he had been hired back by the sheriff. 15 16 I believe at the end of the third week I heard Q. Were you aware that any truth and reconciliation panel meeting was going to occur prior to December 21st -- 17 A. No. 18 Q. -- 2018? 19 A. No. 20 Q. How did you hear that Mandoyan had been brought A. Maybe my aid told me, somebody -- and I don't 21 22 back? 23 know who said it, I just was told, hey, Mandoyan's been 24 rehired and he's working for the sheriff. 25 Q. What was your understanding -- by the way, who Page 41 Veritext Legal Solutions 866 299-5127 Page 442 CONFIDENTIAL 1 was your aid? 2 A. Lieutenant Valencia. 3 Q. What was his first name? 4 A. Dominic. 5 Q. And what was your understanding as to what 6 position Mandoyan assumed upon being brought back into the 7 Department? 8 A. Deputy sheriff. 9 Q. Any specific role, when you said he worked for 10 the sheriff, that you understood him to have? 11 A. As a driver for the sheriff. 12 Q. And was this your aid who told you that he had 13 14 15 been brought back as a driver for the sheriff? A. there. 16 17 I don't know if it was him or just in the office It could have been somebody else that told me. I don't know. Q. Other than that communication, did you ever learn 18 of anything else concerning Mandoyan's rehire, prior to 19 the time you left the Department on March 18th, 2019? 20 A. Well, I learned that there had been that -- panel 21 had been put together that had made the decision that -- 22 or had made the recommendation that he be brought back to 23 the sheriff and then I learned that there had been a 24 settlement agreement that had been put together, that 25 Chief Vera had signed, and that they were attempting the Page 42 Veritext Legal Solutions 866 299-5127 Page 443 CONFIDENTIAL 1 process to get him rehired or reinstated and paid with two 2 plus years of backpay and a return to the Department. 3 MR. GORDON: Let's take a comfort break. 4 THE VIDEOGRAPHER: One moment, please. 5 the record. The time is 11:17. 6 of the deposition of Mr. Raymond Leyva. This is the end of Disc 1 7 MR. GORDON: 8 (Recess taken 11:17 a.m. - 11:28 a.m.) 9 THE VIDEOGRAPHER: 10 Take a break. The time is 11:28. And we're back on the record. This is Disc 2 of the 11 deposition of Mr. Raymond Leyva. 12 BY MR. GORDON: 13 Q. 14 We're off Did you communicate -- strike that. Were you present for any other communications 15 about the issue of whether Mandoyan could properly be 16 brought back the way the sheriff wanted to, besides what 17 you've already testified to today? 18 19 A. We probably had discussions with Chief Del Mese and Lieutenant Garcia about that issue. 20 Q. Approximately when did those discussions occur? 21 A. End of December, probably during the week of the 22 23 21st, and in January. Q. How many times did you have discussions with 24 Chief Del Mese and Roel Garcia concerning whether Mandoyan 25 could be brought back the way the sheriff wanted to do it? Page 43 Veritext Legal Solutions 866 299-5127 Page 444 CONFIDENTIAL 1 A. Several times. 2 Q. Please tell me what you can recall being said 3 during the first time that you did it, if you are able to 4 distinguish the different meetings, different 5 conversations. 6 7 A. When I met with Chief Del Mese and Roel, it was usually in his office. 8 Q. "His," whose? 9 A. Chief Del Mese and the -- Mandoyan would come up 10 as a topic because the sheriff wanted to hire him and then 11 I would object and say, we can't do that, you know, we're 12 doing a disservice to the Department, to the other 18,000 13 people in the Department, putting all this energy into one 14 guy and, you know, there's just too many issues that still 15 have to be looked at with Civil Service, about the panel 16 that doesn't exist or, you know, the sheriff is still 17 trying to create, because the panel was supposed to be 18 comprised of Constitutional Policing Advisors, which we 19 didn't have, they didn't exist yet. 20 process of trying to hire those. 21 discussion multiple times before and after he was hired 22 back by the sheriff. 23 Q. We were still in the So we had this type of a There was no Constitutional Policing Advisor at 24 the Department as of the time you began around 25 December 3rd or 4th, 2018? Page 44 Veritext Legal Solutions 866 299-5127 Page 445 CONFIDENTIAL 1 A. No, sir. 2 Q. Have you told me everything you can remember 3 about this first communication you had with Chief Del Mese 4 and Roel Garcia concerning whether the sheriff could 5 return Mandoyan the way he wanted to do it? 6 A. Well, we had multiple conversations, generally 7 that same gist of information, and it finally reached a 8 point where myself and the chief, we both said, we're 9 done. 10 That's the sheriff's problem. We are out of the Mandoyan issue. 11 So we just were not involved in that hiring or 12 ongoing issue with Mandoyan from that point forward. 13 just stopped. 14 than the two times that I already mentioned about seeing 15 the results of that alleged panel and this alleged 16 settlement agreement that they were trying to push 17 forward. 18 We I had no more communication with it, other Other than that, I was out of it. I did not participate in the Mandoyan issue and I 19 told the chief that, I told Roel and we both agreed that 20 that was not our fight, that was the sheriff's fight. 21 Q. Have you now told me everything you can remember 22 that was communicated in any of the meetings that you said 23 you were -- or conversations that you had with Chief 24 Del Mese and Roel Garcia, concerning whether the sheriff 25 could return Mandoyan to work the way he wanted to do it? Page 45 Veritext Legal Solutions 866 299-5127 Page 446 CONFIDENTIAL 1 A. I believe so. 2 Q. Have you now told me every -- anything you 3 remember regarding what you learned about -- strike that. 4 Have you now told me all communications that you 5 were present for, that you can remember, that concerned 6 whether the sheriff could return Mandoyan to work the way 7 he wanted to do it? 8 9 10 A. There were other discussions after he had already returned him, that involved that topic. Q. Okay, we'll get to that in a minute. 11 Now, were you present at a meeting on or around 12 December 13, 2018, in which the sheriff, Chief Del Mese, 13 Chief Vera, Chief Gross and another officer named Irma 14 Chevalier and Elizabeth Miller and Chris Keosian were 15 present, at which the Mandoyan matter came up? 16 A. Yes. 17 Q. And that's a meeting that you haven't told me 18 about so far, right? 19 have you? 20 A. No. 21 Q. Today? 22 A. No. 23 Q. All right. You haven't testified about that, Tell me what you can remember from 24 that meeting that was discussed concerning whether the 25 sheriff could bring back Mandoyan. Page 46 Veritext Legal Solutions 866 299-5127 Page 447 CONFIDENTIAL 1 A. I believe that's a meeting that we actually 2 looked at the videotape involving Mandoyan, where he was 3 allegedly at the girlfriend's house and he was trying to 4 break into the sliding glass door. 5 We were being shown that by Chevalier as part of 6 the case because I hadn't been involved in it or seen the 7 case and I don't think the sheriff had seen all the 8 information either, and we needed to get more of the 9 information as to what some of the issues might be 10 11 involved in bringing him back. And so we were shown the video and I believe 12 Chief Gross had already started looking at the case, 13 because he made some comments that indicated that what was 14 seen and what was testified to by Mandoyan, that he had 15 not tried to break in, that he was only tapping the 16 window, was validated by the -- by the video, and when he 17 said that and I'm looking at the video, I had a lot of 18 concern because what he said was that Mandoyan was only 19 tapping on the window, trying to get her attention, as 20 Mandoyan claimed, and I said, well, that doesn't fly with 21 what we're looking at here. 22 sliding door, he's got a metal object and he's trying to 23 pry the door open until -- and respond, when she finally 24 confronts him at the door. 25 Here he's at the base of a He's lying. So I just -- at that point I knew this was not Page 47 Veritext Legal Solutions 866 299-5127 Page 448 CONFIDENTIAL 1 going to go good but that was -- the big topic was the 2 video and what was present in the video. 3 fairly short meeting. 4 than 20, 30 minutes, at the most. 5 Q. And it was a I don't believe it was much more Was there any discussion at the meeting with Liz 6 Miller and Chris Keosian about whether the sheriff could 7 bring Mandoyan back? 8 MR. MILLER: 9 This sounds like an attorney-client communication with County Counsel. Elizabeth Miller and 10 Chris Keosian are members of County Counsel, so I'm going 11 to instruct you not to answer that. 12 BY MR. GORDON: 13 14 Q. Was there any discussion by anyone about whether the sheriff had the authority to bring Mandoyan back? 15 MR. MILLER: 16 testified to? 17 subject. 18 BY MR. GORDON: 19 Q. Well, other than what he's already Because he's testified at length on that Was there any discussion at the December 13, 20 2018, meeting at which you were present, along with the 21 sheriff, Chief Del Mese, Chief Vera, Chief Gross, Irma 22 Chevalier, Liz Miller and Chris Keosian, about whether the 23 sheriff had the power to bring Mandoyan back? 24 25 MR. MILLER: Okay, if these conversations included the County Counsel, they're attorney-client Page 48 Veritext Legal Solutions 866 299-5127 Page 449 CONFIDENTIAL 1 privileged communications. 2 the County and the Board of Supervisors, who hold the 3 privilege, and I will instruct you not to answer that 4 question. 5 6 7 MR. GORDON: The privilege is not waived by And you're marking all refuses to answer, correct? Q. Have you now told me everything you can remember, 8 that you're willing to tell me about the December 13th 9 meeting at which the Mandoyan video, you said was shown? 10 A. I believe so. 11 Q. So now have you told me about all communications 12 that you were present for prior to Mandoyan's return to 13 duty, concerning whether the sheriff could bring Mandoyan 14 back the way he wanted to do it? 15 A. You know, there may have been one or two others. 16 I just tried to stay out of that arena, that topic. 17 didn't agree with what he was trying to do and we didn't 18 have a mechanism in place, in my mind, to get that done. 19 I So I just -- we may have had one or two other 20 discussions with the sheriff and staff, but I can't tell 21 you offhand. 22 Q. I just tried to stay away from that topic. So I'm just trying to confirm. You've told me 23 everything you can remember, that you're not refusing to 24 tell me based on privilege, about any communications that 25 you were present for prior to Mandoyan being rehired, Page 49 Veritext Legal Solutions 866 299-5127 Page 450 CONFIDENTIAL 1 about whether the sheriff could bring him back the way he 2 wanted to do it? 3 4 A. And again, I don't know. There may have been one or two others, I just don't remember. 5 Q. Right. 6 A. Yeah. 7 Q. I'm just trying to confirm, you've told me 8 everything you remember? 9 A. I remember, yes. 10 Q. Now, you told me that there were discussions, 11 after Mandoyan was brought back, about his rehire or 12 reinstatement, right? 13 A. Yes. 14 Q. How many times were you present for 15 communications concerning Mandoyan's return to duty after 16 he had been brought back as a deputy? 17 A. With who? 18 Q. With anybody. 19 20 21 22 23 Approximately how many times are we talking about? A. Probably a half dozen times with Chief Del Mese, Lieutenant Garcia, maybe some other folks in the office. Q. Are you able to break those out, in terms of sequence? 24 A. No. 25 Q. All right. So all you can do with regard to Page 50 Veritext Legal Solutions 866 299-5127 Page 451 CONFIDENTIAL 1 those maybe half a dozen times is tell me essentially 2 things that were said during the entirety of those six or 3 so meetings? 4 A. Yes. 5 Q. All right. Tell me what you can remember about 6 what was said in those approximately six meetings 7 concerning Mandoyan's return to duty. 8 9 A. My comments... were that, you know, I didn't understand how it could have been done because we didn't 10 have a truth and reconciliation process or panel in place, 11 we didn't have the Constitutional Police Advisors hired. 12 We had just started talking about hiring those. 13 And then when I did get an opportunity to see the 14 paper that recommended that he be brought back, with the 15 panel that was -- the paper was -- I think -- I'm not sure 16 of the title, but the title did include "truth and 17 reconciliation panel," which I thought strange because we 18 didn't have that, we didn't have a process and it was I 19 think paneled by or with Tim Murakami, Eli Vera, and Steve 20 Gross, two chiefs and the assistant sheriff, which I 21 didn't know it had happened until after the fact and I was 22 -- when I had a chance to peruse it, because I didn't read 23 anything in it, but my comment was well, you know, we're 24 claiming -- or the sheriff is claiming that McDonnell was 25 so against deputies that he was skewing all testimony and Page 51 Veritext Legal Solutions 866 299-5127 Page 452 CONFIDENTIAL 1 information against deputy personnel so he could 2 discipline or terminate them. 3 piece of paper and we've done the exact opposite. 4 skewing everything to bring this guy back, when it's not 5 supported by what we saw in the video and the commentary 6 that we're looking at on the video. 7 exact opposite of what he claimed McDonnell did. 8 9 I said, I'm looking at this So we've done the It's not right. Q. What do you mean, commentary on the video? 10 MR. MILLER: 11 I think he was answering the question. 12 We're Let him finish his answer. BY MR. GORDON: 13 Q. Were you still answering? 14 A. The commentary on the video where, you know, that 15 he was just knocking on the window, when we're all looking 16 at this video where he's at the base of this door, trying 17 to pry it open with a metal object, and the commentary 18 from the chief was, see, you know, he's just trying to 19 knock on the door, like he said, and I said that's not 20 supported by the video evidence that we have at all. 21 We've just skewed it in our paper here to bring him back 22 without having a fair and impartial view, in my opinion. 23 24 25 Q. So when you said commentary -MR. MILLER: When you said -- wait one second -- you said "chief." Page 52 Veritext Legal Solutions 866 299-5127 Page 453 CONFIDENTIAL 1 MR. GORDON: Let me just ask for clarification. 2 MR. MILLER: Did you mean Chief Gross? 3 Was that Chief Gross you were referring to? 4 THE WITNESS: 5 BY MR. GORDON: 6 7 Yes. Q. When you said commentary on the video, you mean to say commentary by someone in the room about the video? 8 A. About the video, yes, sir. 9 Q. There was no commentary going on during the 10 video, on the video itself, right? 11 12 A. the house, there was commentary. 13 Q. 14 15 Oh, between Mandoyan and the ex-girlfriend inside So that's what I'm just trying to get clear. There were statements and dialogue going on between Mandoyan and the girlfriend on the video, right? 16 A. Yes. 17 Q. Is that what you mean by -- is that what you're 18 talking about, commentary during the video? 19 20 A. No, I was referring to the commentary by Chief Gross about what was taking place. 21 Q. Did anyone respond to your expressed concern 22 during the showing of the video that it appeared to 23 contradict Mandoyan's explanation for what he was doing 24 when he was at the base of the door -- the sliding glass 25 door? Page 53 Veritext Legal Solutions 866 299-5127 Page 454 CONFIDENTIAL 1 A. 2 at the base. 3 window. 4 Q. 5 Well, Mandoyan had never acknowledged that he was He insisted that he was just tapping on the Let me rephrase my question. MR. MILLER: Well, wait, wait, wait. 6 answering your question. 7 BY MR. GORDON: He was Let him finish before you -- 8 Q. Did I interrupt your answer? 9 A. No, go ahead. 10 Q. All right. 11 I'm going to rephrase my question, then. 12 Did anyone respond to your commentary about your 13 view of the video, as it affected the discipline imposed 14 on Mandoyan? 15 A. The responses that were very similar to mine, 16 well, yeah, we don't understand it because we looked at 17 the same video but, you know, this is what the panel came 18 up with as their findings, after they reviewed it, and, 19 you know, again, it was, well, who put this panel 20 together? 21 And Chief Del Mese said, well, that was put 22 together by the sheriff to look at the -- to review the 23 Mandoyan case and see how he could be brought back. 24 25 I said, but we don't have a panel, we don't have a process. We're still trying to put that together and Page 54 Veritext Legal Solutions 866 299-5127 Page 455 CONFIDENTIAL 1 we're still going to the OIG, we're still going to the 2 COC, so how -- how could they even name it truth and 3 reconciliation panel, when it doesn't exist? 4 chief's response was they probably made a mistake in 5 naming it. 6 that's what they put on the... 7 8 Q. And the They should have called it something else but on the paper. And when you say "the chief," who are you referring to? 9 A. Chief Del Mese. 10 Q. Did anyone other than Chief Del Mese say anything 11 about your stated position concerning the video, as it 12 affected Mandoyan's discipline? 13 A. I think Lieutenant Garcia agreed with the chief 14 and myself that what we were looking at in the video 15 wasn't exactly what was being presented in that paper that 16 came out of that panel. 17 Q. Can you tell me anything else you remember about 18 any of the approximately half a dozen conversations you 19 had with Chief Del Mese and Roel Garcia concerning your 20 view of the sheriff's bringing Mandoyan back to duty? 21 A. No. It was part of those discussions, you know, 22 the bringing him back was an issue, his position as a 23 driver for the sheriff was, in my mind, and they agreed; 24 horrible for the optics, that, you know, here we have the 25 guy with the domestic violence issues, that the sheriff Page 55 Veritext Legal Solutions 866 299-5127 Page 456 CONFIDENTIAL 1 has just brought back in as his personal driver. He 2 shouldn't be there. 3 someplace out of public view, if he did bring him back 4 and, you know, right or wrong, but he should not be 5 working out of the office of the sheriff. We should put him in airport court or 6 You know, there was that discussion. 7 There was discussion about his, you know, 8 settlement agreement that Chief Vera had signed giving him 9 two years' backpay, full reinstatement to his prior 10 position, which I don't know how that was accomplished, 11 given that he'd been gone more than the two years and he 12 would have had to have been rehired and worked with POST 13 and everything, and I addressed those concerns with the 14 chief and with Roel and, you know, we were all in pretty 15 much concurrence that, yeah, we don't know how this is 16 going forward but, you know, this is what he wants to move 17 forward. 18 that's... 19 am not in this Mandoyan game. 20 of, you know, those conversations. 21 I said, well, I'm out of that. You know, if you guys want to take that on, fine, but I So that -- that was part And then subsequent to that and in that same time 22 frame, we had -- were noticed by the Auditor-Controller 23 that he was not going to pay Mandoyan because County 24 Counsel's signature was not on the settlement agreement, 25 and barring that, he didn't have the authority to pay. Page 56 Veritext Legal Solutions 866 299-5127 Page 457 CONFIDENTIAL 1 And I had already voiced my concerns that, well, 2 we -- we can't pay Mandoyan without County Counsel or 3 Board's, you know, authority. 4 hundred thousand dollars, the Board has to approve for any 5 settlement agreements, and that I knew from my past 6 history working as a chief aid or division aid in two 7 different divisions, and as a commander, that, you know, 8 if you're going to do something like that, the Board has 9 to approve that. Anything over 99,000, a 10 So anything over a hundred thousand dollars, 11 without the Board's concurrence or the County Counsel 12 concurrence, the Auditor-Controller won't pay it and they 13 don't have the authority to pay that. 14 And I said, you know, I don't know how we're 15 going to do that but personnel, you know, has told us that 16 the auditor's already said no, that he's not an employee. 17 And that's when I told Larry, we need to get him 18 out of uniform, get his badge and gun away, get him out of 19 that vehicle that the sheriff assigned to him because he's 20 not a deputy sheriff, he's not an employee and he's 21 impersonating a deputy by being out there, so we need to 22 take those items of equipment away from him and if you 23 guys don't want to do it, being the chief of staff and the 24 sheriff's aid, I'll call him. 25 I'll take care of it. And Larry or Chief Del Mese said, well, I already Page 57 Veritext Legal Solutions 866 299-5127 Page 458 CONFIDENTIAL 1 told the sheriff that we have to do something and he said, 2 no, he wants him left alone. 3 I said, well, is he accepting that liability, 4 then, on behalf of the Department and the County? 5 you have a police imposter, basically, out there now, with 6 no authority, not an employee, per the Auditor-Controller, 7 in our County car. 8 9 Because Who's accepting that liability? I said, we can't do that. I'll call him in, I'll -- as I said, I'll ask him from the car, I'll take his 10 badge and gun and Larry said no, you can't. 11 said leave him alone, he wants to keep him in place. 12 That's it. All right. I'm out of it. 13 You guys handle it. 14 MR. MILLER: 15 Excuse me, can I get that answer read back, please. 16 (Record played back.) 17 MR. MILLER: 18 19 The sheriff Thank you. BY MR. GORDON: Q. Did I understand you to say that you told them 20 that any lawsuit over a hundred thousand -- with a 21 settlement over a hundred thousand dollars, could not be 22 entered into without Board of Supervisor or County Counsel 23 approval? 24 A. That was my understanding, yes. 25 Q. And had you seen anything that caused you to Page 58 Veritext Legal Solutions 866 299-5127 Page 459 CONFIDENTIAL 1 2 believe that was the County rule? A. That was just my understanding from my years of 3 experience on the Department and anything over a hundred 4 thousand always had to go to the Board for approval, 5 contractually or settlement agreements, from past 6 practice. 7 Q. And did you -- had you seen settlement agreements 8 under a hundred thousand dollars get entered into without 9 Board of Supervisor or County Counsel approval? 10 MR. MILLER: 11 Could you break it down? 12 13 Well, that's a compound question. BY MR. GORDON: Q. Had you seen -- had you seen any settlement 14 agreements calling for payment under a hundred thousand 15 dollars, as having been entered into without Board of 16 Supervisor approval? 17 A. Yes. 18 Q. Had you seen settlement agreements calling for 19 payment by the Department of under a hundred thousand 20 dollars be entered into without County Counsel approval? 21 A. Yes. 22 Q. Had you seen settlement agreements calling for 23 payment by the Department of under a hundred thousand 24 dollars be settled -- be entered into when there was no 25 approval by either a Board of Supervisor or County Page 59 Veritext Legal Solutions 866 299-5127 Page 460 CONFIDENTIAL 1 Counsel? 2 A. Yes. 3 Q. And were any of those settlements and lawsuits 4 5 6 7 brought by deputies against the Department? A. The ones that I saw were part of grievance or -- grievances or disciplinary issues. Q. Can you remember anything else during any of the 8 approximately half a dozen discussions you had with 9 Chief Del Mese and Roel Garcia concerning the issue of 10 whether the sheriff could do what he already did in the 11 way he brought Mandoyan back? 12 A. Yeah, there was some concern by me as to why Eli 13 Vera had signed the settlement agreement giving him two 14 years' backpay and stuff, given that the ranking member on 15 that panel was Tim Murakami, so I had an issue with that, 16 and I think I even asked someone, can we undo this? 17 the response was well, we don't know because the chief 18 signed it and Mandoyan signed it so we don't know, but 19 that's something that is being looked at. 20 And And then the issue of Mandoyan's status after the 21 Auditor-Controller said, no, we can't do this, you know, 22 the sheriff finally acquiesced and moved him out of the 23 office and sent him home, but with his badge and gun and 24 all the equipment of a deputy sheriff and his car, so he 25 didn't remove any of the accoutrements of the position but Page 60 Veritext Legal Solutions 866 299-5127 Page 461 CONFIDENTIAL 1 just sent him home and told him to stay there for awhile 2 and, you know, eventually he brought him back to work 3 again. 4 Q. Do you know what role Mandoyan filled after he 5 was brought back to work following his time at home that 6 you've just described? 7 A. Well, he was brought back to work and my 8 understanding was that they put him back in the Sheriff's 9 Office and he was driving him on occasion and would take 10 him to different, you know, events as -- again, as the 11 driver, but I haven't been back to actually see that 12 myself, I've just been told that, you know, he's driving 13 him again. 14 Q. And when did you hear that he was -- that 15 Mandoyan was driving the sheriff after having been sent 16 home by the sheriff previous? 17 A. Just recently there was a Contract Cities 18 conference in Palm Springs that the sheriff attended and 19 other Contract City officials, City managers, County 20 people, and the comment was made and it was -- just -- and 21 I can't even tell you specifically who said it because it 22 was just out there, yeah, Carl's driving him. 23 up and he's even sitting at the table with Alex, you know, 24 and kind of was talking about what a slap in the face to 25 the City Contract, the Contract City people for him to He showed Page 61 Veritext Legal Solutions 866 299-5127 Page 462 CONFIDENTIAL 1 bring this guy back and then use him and sit him right at 2 the main table. 3 Q. Did you see Mandoyan at this conference? 4 A. I did not see him, no, I was just told he was 5 6 there. Q. Have you now told me everything you can remember 7 about the post-hiring conversations you were present for, 8 concerning the return of Mandoyan to work the way the 9 sheriff did it? 10 A. Yeah, I believe so. I mean, unless you have 11 specific -- a specific question, I... 12 after that, so, you know, I don't know a lot of what's 13 transpired since then. 14 Q. I was gone shortly One of the other things you said you communicated 15 regarding whether the sheriff could do something the way 16 he wanted to do it was you said he couldn't establish the 17 truth and reconciliation commission the way he wanted to 18 do it. Did I understand that correctly? 19 A. Yes. 20 Q. When you gave me that list of about five 21 things -- 22 A. Yes. 23 Q. -- that you said you had told -- you had 24 complained about or you had registered your objection or 25 questioned about, I wrote down the second one, couldn't Page 62 Veritext Legal Solutions 866 299-5127 Page 463 CONFIDENTIAL 1 establish truth and reconciliation commission, I think you 2 said, in the way the sheriff wanted to do it. 3 A. Yes. 4 Q. All right. Tell me what you said concerning your 5 expressed opinion that the sheriff couldn't establish the 6 truth and reconciliation -- truth and reconciliation 7 commission the way he wanted to do it? 8 9 A. He just wanted to establish a panel at his choice and name the people that were going to be on the panel and 10 set up the framework for the panel, not involving anybody 11 else, such as the OIG or the COC and I said, well, we 12 can't do that. 13 any -- any panels that we create like that have to have 14 some input from the OIG and the COC. 15 present it to them, let them look at it, get their 16 concerns and then we can establish this, so that we're 17 working collaboratively with them. My understanding that any new panels or You know, we have to 18 We can't just arbitrarily put this in place. 19 I said, well, you can but then you're going to 20 get pushback from the OIG, you're going to get pushback 21 from the COC, and why do you want to do that to yourself? 22 It makes no sense. 23 concurrence, get their concerns. 24 better outcome. 25 sent it back. Just send it to them, get their It will probably be a So we did send that to the OIG and he Page 63 Veritext Legal Solutions 866 299-5127 Page 464 CONFIDENTIAL 1 Q. Who is the "he"? 2 A. The OIG, the Office of Inspector General, their 3 office. 4 I believe Castro-Silva, now the interim inspector general. 5 I don't know -- Max Huntsman was out at the time. They sent back some concerns and then we sent it 6 to the Civilian Oversight Commission, but at the time that 7 I left they had not given us their concerns back, although 8 they did bring it up in an open forum meeting at the 9 Commission. 10 11 Then I was gone, so I don't know what happened after that. Q. Now, were you aware whether County Counsel 12 participated in this truth and reconciliation panel review 13 of the Mandoyan matter? 14 A. I knew that the three panel members were there 15 but I don't know who all the other participants were 16 because the only thing I saw was that paper that said 17 Murakami, Vera and Gross were the panel. 18 19 Q. So you don't know whether anyone from County Counsel attended that panel review meeting? 20 A. No, I don't. 21 Q. And when you expressed these concerns about 22 whether the sheriff could establish a truth and 23 reconciliation commission the way he wanted to do it, was 24 that before the panel meeting in which recommendation was 25 made to change findings in Mandoyan's discipline Page 64 Veritext Legal Solutions 866 299-5127 Page 465 CONFIDENTIAL 1 histories? 2 A. 3 I believe it was after. MR. GORDON: Okay. I need to take a short break 4 so I can either take a -- I can -- why don't we just take 5 a couple minutes. 6 back. I'll run to the bathroom, come right 7 THE VIDEOGRAPHER: 8 MR. MILLER: 9 break. One moment. Why don't we just take a lunch How much longer do you have? 10 THE VIDEOGRAPHER: Do you want to go off? 11 MR. GORDON: Yeah. 12 MR. MILLER: Yeah, we can go off the record. 13 THE VIDEOGRAPHER: 14 The time is 12:08. 15 (Recess taken 12:08 p.m. - 1:11 p.m.) 16 THE VIDEOGRAPHER: 17 The time is 1:11. Hold on. Okay. We're off the record. And we're back on the record. 18 19 20 21 EXAMINATION (Resumed) BY MR. GORDON: Q. Did you ever put in any type of written form any 22 objections you had to the manner in which the sheriff 23 wanted to bring Mandoyan back? 24 A. No. 25 Q. Did you ever put in writing any objections you Page 65 Veritext Legal Solutions 866 299-5127 Page 466 CONFIDENTIAL 1 had to the sheriff having brought Mandoyan back? 2 A. No. 3 Q. Are the same two answers true if I asked you if 4 you put any concerns in writing? 5 A. My answer's the same. 6 Q. Are your answers the same if I substituted the 7 word "questions" for "concerns" or "objections"? 8 A. Yes. 9 Q. So, so far as you know, did you ever put anything 10 in writing expressing any view you had about Mandoyan's 11 return or possible return to duty? 12 A. No. 13 Q. Have you remembered anything since we broke for 14 lunch that would allow you to make a more complete answer 15 now, than you provided before we broke? 16 MR. MILLER: You mean to any question? 17 MR. GORDON: To any question. 18 MR. MILLER: That's impossible. 19 That's overbroad, it's vague, it's ambiguous. 20 21 22 I object. You can answer it, if you can. BY MR. GORDON: Q. Did anything pop into your mind that allowed you 23 to remember, oh, I remember more than what I testified 24 about as to something this morning? 25 A. No. Page 66 Veritext Legal Solutions 866 299-5127 Page 467 CONFIDENTIAL 1 Q. And specifically, do you remember any -- did you 2 remember anything, since we broke for lunch, about any 3 aspect of the Mandoyan return to duty that you testified 4 about this morning? 5 MR. MILLER: 6 You can answer it, if you can. 7 THE WITNESS: 8 9 10 Same objection. No. BY MR. GORDON: Q. Have you now told me everything you can remember during those approximately -- strike that. 11 Have you now told me everything you can remember 12 concerning any communications you had with anyone about 13 whether -- your views concerning whether the sheriff could 14 establish the truth and reconciliation commission as he 15 wanted to do? 16 A. Yes. 17 Q. Have you told me everything you can remember 18 about any communication you had with anyone concerning the 19 ability of the sheriff to establish the truth and 20 reconciliation commission, after he had done it? 21 A. 22 23 When I left, he hadn't done it yet. There was no panel when I left. Q. Did you express any view at any time, that you 24 haven't already told me, concerning the sheriff's 25 establishment of a truth and reconciliation commission? Page 67 Veritext Legal Solutions 866 299-5127 Page 468 CONFIDENTIAL 1 A. I think I've expressed everything. 2 Q. I'm just trying to confirm. 3 You don't remember anything else than you've already told me -- 4 A. Mm-hmm. 5 Q. -- about any views you had concerning the 6 sheriff's conduct in that regard? 7 Now, I think the third thing that you said you 8 expressed concern about with regard to the sheriff's plans 9 was the promotional processes. 10 Did I understand that right? 11 A. Yes. 12 Q. Can you clarify what you mean by you expressed 13 concerns about the sheriff's intentions regarding 14 promotional processes? 15 A. He was creating arbitrary requirements to promote 16 and place people to the next level. For example, for 17 promotion to lieutenant or captain, he was now mandating 18 that everybody have eight to ten years of patrol 19 experience behind them before they would be considered for 20 the position for, say, lieutenant or captain, and I told 21 him, I said, where in the class specs or the job bulletin 22 for that position does it say that? 23 arbitrary requirements that aren't supported by either 24 classification or job specs. 25 trouble. You're creating You're going to get in Somebody's going to sue you. You can't just Page 68 Veritext Legal Solutions 866 299-5127 Page 469 CONFIDENTIAL 1 arbitrarily change this. 2 There's a process to do that and we can get there 3 and it may take two or three years to get there, but you 4 can't just say, I'm not going to promote you because you 5 don't have ten years on patrol or you don't have a 6 combination of ten years either in supervisory position 7 and capacity in custody and patrol. 8 requirements and if you're basing your promotions on that, 9 you're going to get sued. 10 11 Q. Those are arbitrary You don't need to do that. And did the sheriff provide any response to your expression of that concern? 12 A. Well, this is what I want to do. His response 13 was, well, this is what I want to do. 14 people to have, when I'm looking at promoting them. 15 This is what I want I said and that's okay, and four years, six years 16 down the road, they may have that but if you do it right 17 now, that is not a requirement. 18 that's a requirement. 19 arbitrary requirements that you're going to get in trouble 20 for. 21 Q. Show me where it says It doesn't exist. You're creating Was it your belief that any requirements for a 22 lieutenant or captain position, for example, had to be 23 fully stated in some type of a written form? 24 25 A. Yeah. There's position job bulletins which we place, which we put out when we're announcing exams for Page 69 Veritext Legal Solutions 866 299-5127 Page 470 CONFIDENTIAL 1 those positions, which dictate or state the requirements 2 to promote to that next position. 3 bulletin that everybody has to look at and if they meet 4 the requirements in that job bulletin, they can apply for 5 the position and get promoted. 6 They're in the job Also in the classification specifications which 7 are a little more detailed and go into more of the job 8 duties, which are vetted through Department of Human 9 Resources, those also have to be complied with to be 10 considered for that next level of promotion. 11 So any Civil Service protected position in the 12 Department has those job specs and those job bulletins in 13 place and if you meet those minimum requirements, you're 14 eligible to promote to the next position. 15 Q. Do you know whether the sheriff made any ultimate 16 determination on whether he was going to implement the 17 minimum tenure in the positions you've referenced? 18 A. The minimum tenure in the position, per bulletin, 19 was two years to move to be considered for the next 20 position. 21 years. He chose to ignore that and said, I want ten 22 Q. My -- were you finished? 23 A. Yes, go ahead. 24 Q. My question was, do you know whether he ever 25 Were you finished? actually implemented his preference for a -- what did you Page 70 Veritext Legal Solutions 866 299-5127 Page 471 CONFIDENTIAL 1 say? Ten-year -- 2 A. Yes. 3 Q. -- minimum requirement? 4 A. Yes. 5 Q. Did he do that? 6 A. Yes. 7 Q. Did he do that while you were still serving as 8 executive officer for the Department? 9 A. Yes. 10 Q. Did you have any conversation with anyone, after 11 he implemented that rule, concerning your view of the 12 propriety of that new rule? 13 A. I expressed it to him and I expressed it to our 14 round table of executives that were looking at different 15 people for consideration for patrol and that came up 16 because if I'm going to look at lieutenants -- we had -- 17 he had put out a survey where you had to check off the box 18 as to how many years you had in your position if I want to 19 promote to lieutenant. 20 have you worked as a sergeant? 21 capacity? 22 line function? 23 particularly fond of operational positions or 24 administrative positions. 25 Okay, you're a sergeant. Was it on patrol? How many years? A line function? Where What Was it a If he didn't want -- he wasn't very -- or Kind of discounted those. So if I want to consider you for lieutenant as we Page 71 Veritext Legal Solutions 866 299-5127 Page 472 CONFIDENTIAL 1 did in one of the lieutenant breakups -- actually 2 lieutenant to captain, he said okay, well, these guys -- 3 this is the okay pile and those are the people that 4 checked off the boxes that met his new requirement that 5 they had to have ten years in patrol, custody as line 6 supervisors. 7 8 9 So those were the okay stack. The other stack was, oh, these guys don't have that requirement, so don't even consider them. And I said, you can't do that. They meet the 10 minimum requirement. 11 the list, they're in band one. 12 you're arbitrarily excluding 60 percent of your candidates 13 by saying that. 14 15 16 That's why they're in -- they're on You're arbitrary -- or I said, you're going to get sued. And he said, no, they'll accept the position that they get because they're going to get promoted. I said, Alex, there's a young Alex out there 17 someplace that's going to sue you if you implement these 18 and make these hardline requirements. 19 do is pick from the okay pile because they've checked off 20 all your boxes, you're putting yourself at risk from these 21 people who meet the minimum requirements of the position, 22 as dictated by Civil Service and Department of Human 23 Resources, by throwing them out and not considering them. 24 25 So if all you can And that was in open forum, two assistant -three assistant sheriffs, myself, some chiefs, Page 72 Veritext Legal Solutions 866 299-5127 Page 473 CONFIDENTIAL 1 2 Chief Del Mese. Q. 3 That was all out there. And I might have misunderstood you. Did you say the sheriff's rule was ten years in a 4 supervisory position or ten years combined patrol and/or 5 supervisory position in custody? 6 A. If I'm looking at you for captain, he wanted ten 7 years as a lieutenant, combined of supervisory line 8 experience as a patrol lieutenant and a custody 9 lieutenant, and if you didn't have both capacities, he 10 11 12 13 14 15 16 17 wasn't going to consider you. Q. And what about consideration for someone looking to get promoted from sergeant to lieutenant? A. He wanted at least four years as a supervisor out in patrol. Q. Was that a typical path that people applying for lieutenants had on their record? A. No. The minimum requirement was that you were 18 the sergeant for two years and it could be in any 19 capacity, either as an operational sergeant, a line 20 sergeant, a custody sergeant, patrol sergeant, 21 administrative sergeant, detective bureau sergeant -- as 22 long as it was two years, you were eligible to compete for 23 the position of lieutenant. 24 25 And then he arbitrarily imposed this four-year requirement as a sergeant to move up to lieutenant. Page 73 Veritext Legal Solutions 866 299-5127 Page 474 CONFIDENTIAL 1 Q. As far as you know, did any lawsuits result from 2 his implementation of this rule regarding requirements for 3 being promoted to lieutenant or captain? 4 A. No. 5 Q. Have you told me everything you can now remember 6 regarding any communications you had concerning your 7 opinion regarding the way he wanted to change promotional 8 processes? 9 A. Well, everything that I've just told you, and I 10 also explained to him that we can get to where you want to 11 get, but we're going to have to involve Department of 12 Human Resources, we're going to have to involve our own 13 personnel people, our classifications people. 14 The ten-year requirement that you're 15 implementing, this mandated requirement that you have a 16 higher degree, a Master's degree for captain or commander 17 -- I don't remember which one it was for -- those can all 18 get there but you're going to have to go to classification 19 through Department of Human Resources and have those 20 changes made, and eventually we'll get there and it's 21 going to take time to get there and at the same time 22 you're going to have to meet and confer with the unions 23 because now you're affecting the working conditions that 24 their employees are working under, which are your 25 employees. So until you meet and confer, you can't Page 74 Veritext Legal Solutions 866 299-5127 Page 475 CONFIDENTIAL 1 implement these kind of changes until you get their 2 buy-off. 3 Q. Have you now told me everything you can remember 4 about any communications you had concerning your view of 5 the sheriff's plans for promotional processes? 6 A. Pretty comprehensive. I think so. 7 Q. I think the fourth thing that you said you 8 expressed a concern about was the sheriff's plans for 9 guidelines for classifications? 10 A. Yes, and that's part of the change of job 11 requirements, the job spec requirements, where you're 12 changing the classification requirements where we would 13 have to go to Department of Human Resources, get their 14 concurrence because in some cases it may have involved 15 doing a reclassification study, which we -- and the 16 Sheriff's Department does not do, that's done by the 17 outside Department of Human Resources for the County. 18 When they come in, do an evaluation and a study 19 of the position and if the changes that are being 20 requested are appropriate, they'll agree to it, get 21 concurrence from us, we'll have to go to the unions, get 22 their concurrence also, then we can -- then it will be 23 published by the County, here's the new job specifications 24 for whatever position he's looking at changing. 25 And once the County publishes that and we can use Page 75 Veritext Legal Solutions 866 299-5127 Page 476 CONFIDENTIAL 1 that and rely on that, then we can move forward with more 2 promotions under the new class specs, under the new job 3 bulletin, because that causes a change in the job 4 bulletin. 5 the process and it takes working with those outside of the 6 Sheriff's Department entities. 7 Q. And it can be done but it takes time, it takes All right. Have you now told me everything that 8 you can remember about any opinions you expressed 9 concerning the sheriff's plans to modify the guidelines 10 for classification? 11 A. Yes. 12 Q. I think the fifth thing that you mentioned that 13 you expressed a concern about was that the sheriff had to 14 work with different entities in the County. 15 Did I get that right? 16 A. Yes. 17 Q. What did you mean by that? 18 A. We're not an island unto -- the Sheriff's 19 Department is not an island unto itself. 20 and regulations, processes that are countywide, that we 21 all have to abide by; fiscal processes, budget processes, 22 County Counsel has their role. 23 There's rules We, as a Department, have to work with those 24 different entities to do our job because we're a County 25 family. We're not the Sheriff's Department and the Page 76 Veritext Legal Solutions 866 299-5127 Page 477 CONFIDENTIAL 1 County. 2 So you have to -- we have to work with County 3 Counsel, we have to work with the Department advocates, we 4 have to work with the CEO's office for our budgeting and 5 any changes, plans, proposals that we have, and we can't 6 just arbitrarily say, just, you know, just do this. 7 8 Trying to reinforce the fact that we're not alone, we have to work with all these different entities. 9 And that didn't go well. 10 Q. And what do you mean, it didn't go well? 11 A. We started excluding those members of the other 12 County families from different meetings. County Counsel 13 was no longer allowed in meetings that, you know, they 14 probably should have been there because they were taking 15 actions that involved the Department and that would impact 16 the County, and so the County Counsel was being excluded. 17 We would send recommendations to -- or requests 18 through personnel at DHR, Department of Human Resources, 19 and one of the concerns that I had expressed was that if 20 we don't work with these people, they're going to slow you 21 down. 22 them for a hiring or -- for a hiring of a person, and what 23 used to take us two weeks is going to take you two to 24 four months, and all of those things started to happen. 25 We would send a request over, we wouldn't hear You're going to send a proposal or a request to Page 77 Veritext Legal Solutions 866 299-5127 Page 478 CONFIDENTIAL 1 anything. 2 answer emails. 3 They wouldn't return our calls, they wouldn't So the drawbacks of not doing that were that 4 everything was being slowed down and what just exactly 5 what I said was going happen to him and he was going to be 6 -- you know, have a difficult time trying to move forward 7 with things he wanted to do with like the hiring of a 8 thousand deputies and, you know, promotion of other 9 people. 10 Q. While you were serving as executive officer 11 between early December 2018 and March 18th, 2019, were you 12 aware of any requirement that deputies be on an 13 eligibility list before they could be brought on to duty? 14 A. It's the only way you can be hired. You have to 15 take a test, a written test, a written exam and if you 16 pass that, you get put on the list to continue the process 17 of hiring for deputy sheriff. 18 Q. And who maintained that list? 19 A. It was a combination of us and Department of 20 21 22 Human Resources. Q. They have to certify the testing. Was the test that you're talking about, a Civil Service administered test? 23 A. It's a Civil Service exam, yes. 24 Q. Was it a test designed solely for sworn peace 25 officers for the Los Angeles Sheriff's Department? Page 78 Veritext Legal Solutions 866 299-5127 Page 479 CONFIDENTIAL 1 A. Deputy sheriff, yes. 2 Q. Did the Sheriff's Department administer any test 3 to prospective applicants for a deputy position with the 4 Sheriff's Department that was different from the Civil 5 Service administered test? 6 A. No, it's the same test. 7 Q. Other than the December 13, 2018, meeting that 8 you testified about earlier in which Liz Miller and Chris 9 Keosian and the sheriff and Chief Del Mese and Chief Vera 10 and Steve Gross and Irma Chevalier were present at, did 11 you attend any other meetings in which a County Counsel 12 representative was present and the Mandoyan matter was 13 discussed? 14 A. No. 15 Q. Were you employed in any job after your service 16 with the Sheriff's Department terminated on March 18th, 17 2019? 18 A. Anywhere? 19 Q. Yeah, in any type of job which you were being 20 paid for. 21 A. I worked a few events for APEX Security Group. 22 Q. And when you say you worked events, what do you A. APEX Security Group is the security group that 23 24 25 mean? represents -- that works at Ram games -- I think those are Page 79 Veritext Legal Solutions 866 299-5127 Page 480 CONFIDENTIAL 1 the only games I worked at -- to provide any security 2 within the stadium for a Ram game. 3 Q. 4 5 Other than -- strike that. And about how many events do you think you worked for APEX? 6 A. Maybe eight or nine. 7 Q. Other than performing services in a security 8 capacity for APEX after you terminated your service at 9 LASD on March 15th (sic), 2019, did you work in any other 10 job? 11 A. No. 12 Q. Yeah. 13 A. I haven't worked any job since I was terminated, 15 Q. So when were you working security jobs for APEX? 16 A. This was in September through October of 2018. 17 Q. Before you came back to the Department, while you 14 18 I'm sorry, since March 18th, 2009 -- 2019? no. were on disability or -- 19 A. I was retired. 20 Q. -- while you had retired? 21 A. I was retired. 22 Q. During your period of retirement? 23 A. Yes. 24 Q. I'm sorry, what was the date of your retirement, 25 originally? Page 80 Veritext Legal Solutions 866 299-5127 Page 481 CONFIDENTIAL 1 A. March 18th. 2 Q. No, on disability. 3 A. Oh. 4 Q. Or strike that. 5 6 When did you retire, prior to coming back to the Department, what was the date of that? 7 A. February 27th, 2016. 8 Q. Who was the sheriff of LA County at the time that 9 you retired from the Department in February of 2016? 10 A. Jim McDonnell. 11 Q. Now, were you involved in any way with overseeing 12 any aspect of the disciplinary process under the McDonnell 13 administration? 14 A. No, sir. 15 Q. Did you have any involvement at all with the 16 disciplinary process under Jim McDonnell's administration? 17 A. No, sir. 18 Q. Are you familiar with any of the procedures that 19 were used during the disciplinary process for LASD 20 deputies under the McDonnell administration? 21 A. No. 22 Q. Are you familiar with any approval requirements 23 that existed concerning the discipline of any deputy under 24 the McDonnell administration? 25 A. I may or may not be. I don't know if they were Page 81 Veritext Legal Solutions 866 299-5127 Page 482 CONFIDENTIAL 1 the same ones carried over from Lee Baca or if they were 2 new under McDonnell. 3 MR. MILLER: 4 THE WITNESS: 5 6 The answer is, then, "I don't know." I don't know. BY MR. GORDON: Q. Do you remember any of the approval requirements 7 that existed concerning the discipline of deputies while 8 you were at the Department working under Lee Baca? 9 A. Yes. 10 Q. What approval requirements are you familiar with 11 that existed during the time you worked at the Department 12 under Lee Baca? 13 MR. MILLER: 14 I sure hope we're not going to take a lot of time 15 with this. This is getting pretty far afield. How many years ago was that? 16 THE WITNESS: 17 That's five, six years ago now. 18 19 Jim came on in '16. '14. Maybe seven. BY MR. GORDON: Q. Okay. During that time can you list for me any 20 requirement -- any approval requirements that you remember 21 were in place? 22 A. For imposing discipline on a deputy sheriff? 23 Q. For the review of any discipline. 24 A. Yeah. 25 It would be a process. The process would be the investigation was requested by either the captain Page 82 Veritext Legal Solutions 866 299-5127 Page 483 CONFIDENTIAL 1 of the unit that the deputy was assigned to or by a 2 division chief or by someone in that chain of command that 3 recognized that there was an issue that needed to be 4 addressed. 5 The investigation would be conducted either by a 6 lieutenant or sergeant assigned to that unit assignment or 7 by Internal Affairs Bureau. 8 9 Once the investigation was completed, depending on what the allegations were, the severity of potential 10 discipline, it would either be reviewed by the captain of 11 the unit, who had the discretionary ability to approve 12 anywhere from zero to 15 days of time off, again, but with 13 the concurrence of the chief, but he had the initial 14 approval for that. 15 Anything that was going to require discipline of 16 16 days or more, or up to discharge, would require a 17 division chief to make that determination and submit that 18 to a case review panel. 19 And once the -- on the 16 to 20-day process, if 20 the division chief deemed that, yeah, we're either going 21 to give this guy 20, 25 days, 30 days, or we're going to 22 discharge him, now it's going to be set for case review. 23 Case review was a panel that was chaired by the 24 25 undersheriff or -- and two assistant sheriffs. So any of those high day or discharge cases were Page 83 Veritext Legal Solutions 866 299-5127 Page 484 CONFIDENTIAL 1 presented to case review. 2 concurred with the division chief as to what he's 3 recommending for discipline, then that chief would be 4 told, okay, we agree, we concur with your proposed 5 discipline. 6 If the case review panel A letter of intent would then be sent to the 7 affected employee, letting him know that we're going to do 8 15, 20, 30 discharge days. 9 On a discharge case, the employee had the 10 opportunity to request a Skelly hearing, which the chief 11 could hold somewhere in the next 20 to 30 days or at the 12 concurrence of the employee's attorneys or union 13 representative. 14 At that point the employee had the opportunity to 15 present facts that were not brought out before, that would 16 change the chief's decision which had already been 17 concurred with by the undersheriff and those two assistant 18 sheriffs. 19 If the employee had a case and changed the mind 20 of the chief, the chief would request further 21 investigation by Internal Affairs or whoever the involved 22 investigators were. 23 Then he was supposed to take it back to case 24 review, present the new information to the undersheriff 25 and two assistant sheriffs and give his reasoning as to Page 84 Veritext Legal Solutions 866 299-5127 Page 485 CONFIDENTIAL 1 why the initial discipline, proposed discipline, was 2 reached in error and we should now do this instead. 3 That was the process, you know, as it worked. 4 If it was discipline from zero to 15 days or one 5 to 15 days, there would be a grievance that the employee 6 would file and the grievance would then be handled by the 7 initial captain at his level. 8 9 If he made changes, he would have to get concurrence with the chief. If he denied it, then it 10 would go to the chief for the chief's approval to make any 11 recommendations -- make any changes, and if the chief made 12 changes, then there would be a new letter of intent sent 13 to the employee and then that discipline would be imposed, 14 after which -- 15 Q. 16 Okay, so let me just try and shorten it. I should have been more specific, as far as 17 discharge decisions. 18 one to 15-day cases. So you don't need to talk about the 19 A. Okay. 20 Q. So can you just -- have you told me everything -- 21 I think you had gotten to the one to 15. 22 23 24 25 Are you familiar -- can you finish your answer, focusing only on the discharge cases? A. I think I gave you most of it. On the discharge case it had to be taken to case Page 85 Veritext Legal Solutions 866 299-5127 Page 486 CONFIDENTIAL 1 review undersheriff, two assistant sheriffs. 2 The chief would present the findings. 3 At that place and time we would also ask County 4 Counsel to concur with this. 5 or we have some concerns but we've addressed them with the 6 chief, and then we would also ask the Office of Inspector 7 General, hey, do you concur with this or do you have some 8 concerns that we haven't addressed? 9 County Counsel would say yea When those two parties chimed in, then we would 10 say, okay, as undersheriff or exec officer, we make a 11 decision we concur with the chief's findings, go ahead and 12 do a letter of imposition and, you know, move forward. 13 Q. And after the Department moved forward, they 14 issued a letter of imposition and the person was 15 discharged? 16 A. We would issue a letter of intent to the 17 employee, telling him that it was the intent of the 18 Department to discharge you from your employment of deputy 19 sheriff. 20 ten days, to request a Skelly hearing with the chief that 21 had sent him that letter or, you know, start at the 22 disciplinary process. 23 Upon receiving that, the employee had, I believe Usually the employee's representative or a union 24 would file that, and then both parties would agree to a 25 Skelly hearing and at that point the employee had the Page 86 Veritext Legal Solutions 866 299-5127 Page 487 CONFIDENTIAL 1 opportunity to present any additional facts not brought 2 into the case that would change or impact the decision 3 that had been reached and concurred with. 4 If there was no change in the discipline or there 5 was nothing he could bring forward that would change the 6 chief's mind, the chief would say okay and then they would 7 send the letter of imposition, telling the employee that 8 on this date you'll be terminated, you'll be discharged 9 from the Sheriff's Department. 10 Q. And then are you familiar with any approvals that 11 had to be obtained to settle a dispute over discipline 12 after the letter of imposition had been issued? 13 A. After the letter of imposition had been issued, 14 the employee would be discharged and he would have to file 15 an appeal through Civil Service, and then Civil Service 16 would be the governing body at that point and the employee 17 would have to, through his representatives, file the 18 appeal in Civil Service and then that process would take 19 place. 20 Q. Right. And what I'm asking you, are you familiar 21 with any approvals that could be obtained to have LASD 22 settle a dispute with a deputy over discipline that had 23 been imposed during the time the case had already been 24 filed in Civil Service? 25 MR. MILLER: If you know. Page 87 Veritext Legal Solutions 866 299-5127 Page 488 CONFIDENTIAL 1 THE WITNESS: There -- there had been some cases 2 where, because of the -- whatever the nature of the case 3 was -- and I don't have a specific case to cite -- but if 4 it looked like it was going to be a pretty long, drawn out 5 thing and they could reach a common ground on the employee 6 -- something else may have surfaced that we didn't know 7 about initially -- but the employee's attorney could ask 8 for a settlement in this process when it went to Civil 9 Service and if the Department agreed, working through 10 County Counsel, we would reach a settlement before it was 11 fully adjudicated in the Civil Service Commission, yes. 12 BY MR. GORDON: 13 Q. Are you aware of any requirement, during the 14 McDonnell administration, that someone from County Counsel 15 personally had to sign an agreement settling a lawsuit 16 brought by a deputy challenging discipline imposed on him? 17 A. I don't know. 18 Q. Are you aware of any requirement, during the 19 McDonnell administration, that an attorney, a contract 20 attorney acting at the direction of County Counsel, had to 21 sign an agreement settling a lawsuit brought by a deputy 22 challenging discipline imposed by the LASD? 23 A. I don't know. 24 Q. Are you aware of any requirement during the Baca 25 administration that someone from County Counsel's office Page 88 Veritext Legal Solutions 866 299-5127 Page 489 CONFIDENTIAL 1 had to sign an agreement settling a lawsuit brought by a 2 deputy challenging his discipline? 3 A. Our practice in high dollar settlements or -- 4 were that we would have to have County Counsel's 5 concurrence with that, yes. 6 7 8 9 10 11 Q. That was the hundred thousand dollar plus requirement that you referenced previously? A. Either a hundred thousand dollars or even in the 60, 70, 80,000, because those would still have to go to the claims Board for approval. Q. What was the minimum amount that the Department 12 could settle without having to get County Counsel or Board 13 of Supervisors approval? 14 A. Somewhere between 10 and $20,000. 15 Q. What if no money was being paid? 16 A. I don't know. 17 Q. Now, do you know whether, other than Mandoyan, 18 any cases were settled by the Department, by a deputy who 19 had been disciplined during the time you were executive 20 officer? 21 A. Disciplined during the time I was or... 22 Q. Let me rephrase the question. 23 Do you know of any settlements, during the time 24 you were executive officer from December 3rd or 4th, 2018 25 to March 18, 2019, that were with a deputy who had been Page 89 Veritext Legal Solutions 866 299-5127 Page 490 CONFIDENTIAL 1 discharged? 2 3 MR. GORDON: Yeah, I think I said other than MR. MILLER: Other than Mandoyan's purported Mandoyan. 6 7 You're asking about other than Mandoyan? 4 5 MR. MILLER: settlement that we contend was illegal? 8 MR. GORDON: Yeah, that's not a valid objection. 9 If you want to state a legal ground for an 10 objection, Skip, do it. You shouldn't be telling your 11 witness what to say, or giving him an idea. 12 State your legal ground for the objection. 13 MR. MILLER: 14 I didn't intend to. 15 MR. GORDON: 16 I'm sorry if I upset you. Calm down. Do you think that was a legal ground for an objection? 17 MR. MILLER: Chill. 18 MR. GORDON: Skip? 19 How many years have you been doing this? 20 MR. MILLER: 21 22 23 Do you? No. I gave you my -- BY MR. GORDON: Q. All right, you can answer. MR. MILLER: -- opinion. I hope -- I did it to 24 try to move this along, to clarify that you were not 25 asking about Mandoyan, and I did characterize our position Page 90 Veritext Legal Solutions 866 299-5127 Page 491 CONFIDENTIAL 1 of Mandoyan. We think it was a blatantly illegal, 2 unauthorized, ultra vires settlement. 3 MR. GORDON: 4 I've never heard that before, but that's not a 5 Yeah, that's shocking. legal ground for an objection at a deposition. 6 MR. MILLER: 7 deposition, John. 8 BY MR. GORDON: All right, let's move on with the 9 Q. All right. Can you answer my question? 10 A. I believe there were two others that I was made 11 aware of, Deputy Gregory Rodriguez, who I believe he had 12 been discharged, I'm not sure, because all I was shown was 13 a settlement agreement. 14 15 There was a deputy at East LA station who was given six months backpay under the settlement agreement. 16 And then another deputy, a Deputy David Motts, 17 who I believe had been discharged for domestic violence 18 issues and was being brought back or was being considered 19 for bringing back, I think that was -- both of those were 20 by Chief Vera. 21 22 Q. And did you have any involvement in either of those? 23 A. No. 24 Q. How did you find out about them? 25 A. I got a call from personnel, asking if I was Page 91 Veritext Legal Solutions 866 299-5127 Page 492 CONFIDENTIAL 1 aware of a six -- of the proposed six-month backpay 2 settlement agreement that they were going to have to 3 process through the Auditor-Controller and I said, I have 4 no idea what you're talking about and that's when they 5 sent me a copy and it said that we were bringing him back 6 or reinstating him to his position as deputy sheriff and 7 returning six-month or giving him six months backpay and 8 we removed three charges of the two or -- no, that's 9 Motts. 10 11 We did something with the charges, but he was brought back and Chief Vera signed that. And then in Motts' case, I believe that was a 12 discharge and it had not been completed before I left, but 13 I had voiced my objections to Assistant Sheriff Murakami 14 about Motts because I had heard that that was being 15 proposed, to return him to duty, because I had heard that 16 they were going to remove three of the charges that he had 17 been founded on and discharged on, which would have 18 removed him from being one of the deputies whose cases 19 could be disclosed under the AB 1421 new law, that three 20 of those charges were going to be taken out, and I asked 21 Murakami if he was aware of that case because this was 22 going to hurt the sheriff and he needed to know about the 23 case, and Murakami said he didn't know anything about it 24 and I said, well, you need to find out more about this 25 case before this moves forward because it's a domestic Page 92 Veritext Legal Solutions 866 299-5127 Page 493 CONFIDENTIAL 1 violence issue. 2 does not need this, so can you find out? 3 We're already dealing with Mandoyan. He And right after I had that discussion, I was 4 terminated, so I have no idea what they did or if he was 5 brought back or what. 6 MR. GORDON: So we'll designate as confidential, 7 the testimony identifying by name the two deputies that he 8 referenced in his answer. 9 Q. Are the two other settlements or proposed 10 settlements that you've just testified about with deputies 11 who had been disciplined, the only other settlements or 12 proposed settlements you were aware of with discharged 13 deputies besides Mandoyan, during the time you were 14 executive officer? Strike that. 15 Let me rephrase the question. 16 Other than the two deputies you identified by 17 name as being ones other than Mandoyan who you knew about 18 settlements for, are there any other deputies that you 19 remember having cases settled while you were executive 20 officer? 21 A. There may have been one more deputy out in the 22 Lancaster station area that had been discharged for 23 excessive force. 24 off the top of my head, but that was handled by -- through 25 Assistant Sheriff Murakami's office also, and I don't I don't remember -- recall seeing them, Page 93 Veritext Legal Solutions 866 299-5127 Page 494 CONFIDENTIAL 1 think that had been completed when I got terminated. 2 3 But that was a proposed return to duty also. Q. Have you now told me everything you can remember 4 about any involvement you had with any settlements with 5 deputies who were challenging their discipline during the 6 time you were executive officer, besides Mandoyan? 7 A. No. There were several smaller cases that were 8 involving changes in discipline from three -- five to 9 seven days, that were being dropped down to three or 10 four days, and there were some small dollar amounts being 11 considered. 12 Because when I had heard about the East LA case 13 involving the six-month backpay, I called advocacy in our 14 legislative unit and told them any significant dollar 15 settlement agreements that are being proposed, unless I 16 personally approve those, they are not to move forward. 17 And I said, we do not have a blank checkbook. We 18 are not allowing this to go forward, so anything that's 19 high dollar, I need to have my approval on that. 20 And I got a call within a week or two from a 21 sergeant there saying, hey, I have these four cases. I 22 said, well, what do they involve? 23 of days or amount of money, and I said I'm okay with that. Very small days, number 24 That's our normal process. That's okay. 25 But any high-dollar amounts had to come to me, Page 94 Veritext Legal Solutions 866 299-5127 Page 495 CONFIDENTIAL 1 2 and I never got one after that. Q. And to be clear, if I limit my question to 3 discharges, have you told me about all the settlements 4 that you're aware of during the time you were executive 5 officer: 6 deputies you first referenced? Mandoyan and one or both of the other two 7 A. And the third one from Lancaster. 8 Q. And a third one from Lancaster? 9 A. Right. 10 Q. So four total? 11 A. That's all that I'm aware of. 12 Q. Have you now told me everything you remember 13 about any role you might have played as executive officer 14 in any approval of any of the settlements of those four 15 cases? 16 A. Yes. 17 Q. And in your mind, did you give your approval to 18 the settlement of any of the four cases involving 19 discharge that you've referenced: 20 two, and the one from Lancaster? 21 MR. MILLER: Mandoyan, the other So we're -- just for the record, 22 Rodriguez, Motts, the Lancaster deputy, and Mandoyan, did 23 you give your approval? 24 THE WITNESS: 25 MR. GORDON: No. And again, I would move to deem Page 95 Veritext Legal Solutions 866 299-5127 Page 496 CONFIDENTIAL 1 confidential, the reference to the individual deputies' 2 names. 3 MR. MILLER: 4 way. 5 law, we agree to it. Confidential -- confidentiality, if it's required by 6 7 THE WITNESS: 10 Absolutely. BY MR. GORDON: 8 9 I have no problem with that, by the Q. Is it your understanding that there is a confidentiality requirement regarding identification of discipline matters? 11 A. Personnel records, sure. 12 Q. Have you told me everything you're aware of 13 concerning the -- any official procedures there were for 14 rehiring or reinstating a deputy who had been discharged 15 by the Department during the McDonnell administration? 16 A. I didn't know anything about that. 17 Q. Have you told me anything you know about the 18 official procedures that govern the rehiring or 19 reinstatement of a deputy who was discharged -- strike 20 that. 21 Have you told me any official procedures you're 22 aware of in place during the Villanueva administration, 23 that governed the rehiring or reinstatement of a deputy 24 who had been discharged? 25 A. Yes. Page 96 Veritext Legal Solutions 866 299-5127 Page 497 CONFIDENTIAL 1 2 Q. Are you aware of the McDonnell administration ever rehiring a deputy who had been previously discharged? 3 A. I don't know. 4 Q. Do you know whether the McDonnell administration 5 ever reinstated a deputy who had been discharged by the 6 Department? 7 A. I don't know. 8 Q. Have you ever held any personal views about 9 Deputy Mandoyan's discharge -- strike that. 10 Have you -- strike that. 11 Am I correct in understanding you had no 12 involvement whatsoever in the discharge of Mandoyan? 13 14 15 16 MR. MILLER: You mean in 2016? BY MR. GORDON: Q. Yeah, the discharge, and any stage of the process. 17 A. No, sir. 18 Q. Did you even know the name "Mandoyan"? 19 A. No, sir. 20 Q. When is the first time you even heard the name 21 "Carl Mandoyan"? 22 A. November of 2018. 23 Q. And how did you hear about Carl Mandoyan in 24 25 November of 2018? A. I had attended a meeting with the sheriff on -Page 97 Veritext Legal Solutions 866 299-5127 Page 498 CONFIDENTIAL 1 to address his transition team, and he introduced Carl as 2 someone who had worked with him on his campaign. 3 Q. And did you learn any of the facts surrounding 4 his discharge, prior to the time you became executive 5 officer? 6 A. No, sir. 7 Q. Did you know, prior to the time you became 8 executive officer, that Carl Mandoyan had been discharged? 9 A. No, sir. 10 Q. Did you ever hold any personal views about the 11 sheriff's decision to return Carl Mandoyan to duty as an 12 LASD deputy, that you haven't already expressed in this 13 deposition? 14 A. No. 15 Q. Have you had any personal views about Carl 16 Mandoyan's discharge from LASD that you haven't already 17 expressed during this deposition? 18 A. Yes. 19 Q. I'm sorry, you do have other views that you 20 haven't expressed. 21 during this deposition, about the decision to discharge 22 Carl Mandoyan? 23 A. What other views haven't you expressed And again, I did not get into all the facts of 24 the case because I tried to stay out of that arena, but 25 it's my own belief that he was -- his case was adjudicated Page 98 Veritext Legal Solutions 866 299-5127 Page 499 CONFIDENTIAL 1 and imposed under McDonnell's tenure. 2 Service. 3 employee, and Civil Service upheld the discharge against 4 Mandoyan, which to me speaks volumes about the credibility 5 of the case that the Department presented. 6 It went to Civil Civil Service is notoriously in favor of the So my personal opinion is that if he was 7 discharged and they went to Civil Service and the entire 8 Commission upheld the Commission -- or the hearing 9 officer's findings, then there's probably a lot of 10 credibility and a lot of truth to what was presented. 11 So I couldn't understand why we were taking on 12 this battle. 13 Q. It just didn't make any sense to me. Do you know approximately what percentage of 14 discharge decisions get overruled by the Civil Service 15 Commission for deputies? 16 A. I don't offhand. I don't know what they are. 17 Q. Do you have any idea what they are? 18 A. Overruled? 19 Q. Right. 20 A. In the deputy's favor? 21 Q. Yes. 22 A. And just taking a guess, when I was back 23 full-time -- 24 MR. MILLER: Don't guess. Don't speculate. 25 If you have knowledge, say so. Page 99 Veritext Legal Solutions 866 299-5127 Page 500 CONFIDENTIAL 1 THE WITNESS: 2 MR. MILLER: 3 I don't know. Don't guess. BY MR. GORDON: 4 Q. So do you have any idea -- 5 A. No, not now. 6 Q. -- other than a pure guess? 7 A. Other than a pure guess now, no. 8 9 MR. MILLER: when they get tired in the afternoon. 10 THE WITNESS: 11 MR. MILLER: 12 13 14 Witnesses tend to start guessing My apologies. Don't do that. BY MR. GORDON: Q. Well, you can guess, so long as I ask you for a guess and you tell me, "All I'm doing is guessing." 15 MR. MILLER: I don't agree with that. 16 MR. GORDON: Well, we have a difference of MR. MILLER: We definitely have a difference of 17 opinion. 18 19 opinion. 20 BY MR. GORDON: 21 Q. You understand that if I ask you, even after you 22 say you don't know, can you guess, can you give me any 23 idea, that I'm asking you only for a guess or an idea, 24 rather than actual knowledge. 25 MR. MILLER: Do you understand that? And I'm telling you not to do it. I Page 100 Veritext Legal Solutions 866 299-5127 Page 501 CONFIDENTIAL 1 don't want you to speculate. 2 beginning, and I agree with him about that. 3 So let's go on. 4 MR. GORDON: He told you that at the I actually did not give him an 5 instruction on speculation. 6 matter of -- well, I don't need to argue with you. 7 Q. Look at the record. And as a Do you have any negative feelings towards Alex 8 Villanueva as a result of your experience with him in 2018 9 to 2019? 10 A. No. 11 Q. Have you had any negative feelings toward Alex 12 Villanueva regarding your dealings with him in 2018 or 13 2019? 14 A. No. 15 Q. Have you ever expressed any negative feelings 16 towards Alex Villanueva since December of 2018? 17 A. Him personally? 18 Q. Yes. 19 A. No. 20 Q. Him as the sheriff of Los Angeles County? 21 MR. MILLER: Well, he's testified at length about 22 his views of how he was operating. 23 go back over that, do you? 24 and answered extensively, for hours. 25 BY MR. GORDON: You don't want him to Objection, overbroad, asked Page 101 Veritext Legal Solutions 866 299-5127 Page 502 CONFIDENTIAL 1 Q. Other than -- other than anything you've 2 testified about today, have you had any negative feelings 3 about Alex Villanueva, that you've expressed to anybody? 4 A. No. 5 Q. Did you ever hear anyone assert that James 6 McDonnell's decision on discipline of a particular LASD 7 officer was based in some way on the officer's lack of 8 support from McDonnell, the sheriff? 9 A. No. 10 Q. Is this the first time you've ever heard that 11 allegation? 12 A. From you. 13 Q. In my question? 14 A. Yes. 15 Q. Did you ever learn of anything that caused you to 16 suspect that Jim McDonnell's decision on discipline of a 17 particular officer might be based in some way on the 18 officer's feelings towards McDonnell? 19 20 A. No. MR. GORDON: I'm handing the reporter to mark as 21 Exhibit 4, a document entitled Respondent's/Defendant's 22 Sheriff Alex Villanueva and Los Angeles County Sheriff's 23 Department Notice of Deposition of Raymond Leyva. 24 25 (Exhibit 4 marked.) BY MR. GORDON: Page 102 Veritext Legal Solutions 866 299-5127 Page 503 CONFIDENTIAL 1 2 Q. Would you look at that and go to Exhibit 1, about halfway through, where it's a deposition subpoena. 3 Look about halfway through the document. 4 MR. MILLER: 5 Excuse me, can we go off the record for one second, please? 6 Hello? THE VIDEOGRAPHER: We're off the record. 7 time is 2:02. 8 deposition of Mr. Raymond Leyva. 9 The This will be the end of Disc No. 2 of the (Recess taken 2:02 p.m. - 2:08 p.m.) 10 THE VIDEOGRAPHER: And we're back on the record. 11 The time is 2:08. This is Disc No. 3 of the 12 deposition of Mr. Raymond Leyva. 13 BY MR. GORDON: 14 15 Q. Is this a copy of the deposition subpoena that was served on you? 16 A. Yes. 17 Q. Now, originally it called for you to appear on 18 May 31st. Do you see that? 19 A. Yes, sir. 20 Q. But ultimately, after various events, it was 21 agreed you'd appear today, right? 22 A. Yes, sir. 23 Q. Now, after you got the subpoena, did you look 24 through the subpoena to review the requests for documents 25 1 through 42 that are included in the subpoena? Page 103 Veritext Legal Solutions 866 299-5127 Page 504 CONFIDENTIAL 1 A. Yes, I did. 2 Q. What, if anything, did you do to search for any 3 of the 42 categories of documents demanded by the 4 deposition subpoena? 5 6 7 A. Well, I didn't do much of anything. When I left the Department, I walked out with nothing. Q. So as of today, you have no documents responsive 8 to any of the 42 categories in your deposition subpoena; 9 is that correct? 10 A. That's correct. 11 Q. Since the time you walked out of the Department 12 on March 18th, 2019, did you ever have in your possession, 13 custody or control, any of the documents described in 14 requests for production 1 through 42? 15 A. No, sir. 16 Q. And when I say "documents," I'm referring to 17 either paper documents or documents stored electronically. 18 You understood that, right? 19 A. Yes, sir. 20 Q. Since... 21 strike that. From the time that you were told on March 18th by 22 Sheriff Villanueva that he was removing you as executive 23 officer, until the time that you literally walked out of 24 the building, how much time do you think passed? 25 A. An hour. Page 104 Veritext Legal Solutions 866 299-5127 Page 505 CONFIDENTIAL 1 2 Q. And during that one hour, can you remember what, if anything, you did? 3 A. Yes. 4 Q. What did you do during that one hour? 5 A. I shook his hand, I shook Larry Del Mese's hand, 6 I congratulated Tim Murakami, who happened to walk into 7 that meeting right before or right after Alex told me I 8 was being replaced, congratulated him. 9 I walked out, told his lieutenant aid that I had 10 just been fired. 11 Assistant Sheriff Gutierrez and Olmsted were waiting, 12 because we normally would have a 10:00 o'clock meeting 13 before we met with Alex at 11:00. 14 be there, so I walked into the office, I closed the door 15 and I said, I just want to let you know that I've been 16 fired and I'll be leaving as soon as I can get my stuff 17 together, and I got a blanket, a couple of coffee cups 18 that I had and told them what had transpired, exactly as I 19 told you earlier. 20 I went to my office and in the office, They both happened to They were shocked, to say the least. And I said, 21 you know, there's nothing else for me to do here, so you 22 guys, you know, take care of the troops. 23 I walked out, told my secretary, hey, I've just 24 been fired, I'm leaving. 25 I'm leaving. Told my aid, I've been fired, Bob Olmsted -- and I said, but I will need a Page 105 Veritext Legal Solutions 866 299-5127 Page 506 CONFIDENTIAL 1 ride home, since you're keeping the car, and Bob Olmsted 2 and my aid walked me down to the car and my aid gave me a 3 ride home and that was it. 4 5 Q. So did you leave the Department with any LASD records of any sort? 6 A. No, sir. 7 Q. And during the -- after you were told that you 8 were being replaced, did you transfer any LASD records? 9 A. No, sir. 10 Q. Are you withholding any records called for by 11 requests for production 1 through 42, based on any 12 objection to any of those requests? 13 A. No, sir. 14 Q. Have you ever learned of any evidence that 15 supported -- strike that. 16 Have you ever learned of any evidence not in Carl 17 Mandoyan's personnel file that supported his defense to 18 any of the allegations that you understood he was found to 19 have been guilty of? 20 A. No. 21 Q. Have you ever heard of an LASD deputy named Lisa 22 Richardson? 23 A. No. 24 Q. Have you heard of LASD sergeant whose last name 25 is Ram, R-A-M? Page 106 Veritext Legal Solutions 866 299-5127 Page 507 CONFIDENTIAL 1 A. No. 2 Q. Did you have any involvement at all in the 3 Sheriff's -- Sheriff's Department's litigation of 4 Mandoyan's writ petition proceedings in Superior Court 5 concerning his discharge? 6 A. No, sir. 7 Q. Were you aware that Mandoyan had writ petition 8 proceedings ongoing in Superior Court, at any time while 9 you were the executive officer? 10 A. No, sir. 11 Q. Did you ever discuss with anyone why you weren't 12 a participant in the truth and reconciliation commission 13 panel review of Carl Mandoyan's discharge? 14 A. I believe I discussed it with Chief Del Mese 15 after I had heard about it and I went down and asked him, 16 when did this happen? That was about it. 17 Q. And what did he say? 18 A. He said it's a sheriff's panel. 19 20 21 He had him do it. Q. Did you and Del Mese discuss anything else, besides what you've just told me? 22 A. No. 23 Q. Why did you shake your head? 24 A. Because it went contrary to everything I'd been 25 I just shook my head and walked away. saying, that this was not an appropriate action to be Page 107 Veritext Legal Solutions 866 299-5127 Page 508 CONFIDENTIAL 1 taking. 2 Q. Is that the only discussion you ever had with 3 anyone about why you weren't a participant in the truth 4 and reconciliation panel review of Mandoyan's discharge? 5 A. I may have talked to the three assistant sheriffs 6 when we had our Monday morning meeting, asking them if 7 they were aware of it, but that would have been about it. 8 9 10 Q. Are you aware of any other facts concerning Carl Mandoyan being returned to duty, that you haven't already testified about today? 11 A. No. 12 Q. Do you know whether, prior to the return of Carl 13 Mandoyan to duty by LASD, anyone employed by the Board of 14 Supervisors learned of a desire by Sheriff Villanueva to 15 return him to duty? 16 A. 17 18 I don't know if they did or not. I mean, it was in the papers. Q. Had you read in the papers about the sheriff's 19 desire to bring Mandoyan back to duty, prior to the time 20 it occurred? 21 A. 22 23 I don't know the time frame. I know I read about it. Q. Do you know whether anyone employed by the 24 executive officer of the Board of Supervisors learned, 25 before Mandoyan's return to duty, that the sheriff wanted Page 108 Veritext Legal Solutions 866 299-5127 Page 509 CONFIDENTIAL 1 to have him return to duty? 2 A. I don't know. 3 Q. Same question for the Office of Inspector 4 General. 5 A. I don't know if they did or not. 6 Q. Same question for the Office of County Counsel. 7 A. I don't know. 8 Q. Same question for the Board of Supervisors. 9 A. I don't know. 10 Q. Now, before -- strike that. 11 Between the time -- between the time that you 12 returned to the Department on or about December 3rd or 13 4th, 2018, and the last day of your employment on 14 March 18th, 2019, did you ever communicate with Maya Lau 15 of the LA Times? 16 17 18 19 A. I talked to her a couple of times during that stretch of time. Q. On either occasion did you discuss any aspect of the Mandoyan matter? 20 A. No. 21 Q. What was the subject of the first communication 22 you had with Maya Lau at the time you were executive 23 officer under Sheriff Villanueva? 24 25 A. I believe she called to congratulate me and wanted to know how I felt about being the new undersheriff Page 109 Veritext Legal Solutions 866 299-5127 Page 510 CONFIDENTIAL 1 for the Department, and just a social, how are you doing? 2 How do you like it? 3 How is it going? I said, you know, it's exciting, I'm very excited 4 about it, I think I can do good things and, you know, 5 looking forward to working with Alex. 6 Q. And when, approximately, was this? 7 A. Probably within the week of coming into the 8 Department. 9 10 Q. Have you told me everything you now remember that was said during that conversation? 11 A. Yeah, pretty much. 12 Q. When was the second time you spoke to Maya Lau 13 while you were executive officer? 14 A. Maybe two, three weeks later -- well, maybe even 15 longer than that, maybe a month into that, in January 16 sometime. 17 18 Q. How did that -- how did the communication originate? 19 A. She called the office. 20 Q. Did you speak with her? 21 A. Very briefly. 22 Q. About what? 23 A. She wanted to know about Carl Mandoyan and I told 24 her. I said, I don't know. I can't talk about that. 25 You're going to have to talk to the sheriff. Page 110 Veritext Legal Solutions 866 299-5127 Page 511 CONFIDENTIAL 1 2 3 4 5 Q. Any other discussion with her during that second A. That was all she wanted to know and I wasn't call? answering anything. Q. As executive officer, did you discuss the 6 Mandoyan matter with any representative of any media 7 source? 8 brief conversation with Maya Lau? Besides what you've just testified concerning a 9 A. I stayed out of that arena. No, sir. 10 Q. So the -- so the answer is no? 11 A. No. 12 Q. During the time you were executive officer, did 13 you talk to any member of the media concerning Alex 14 Villanueva, other than the references that you made to him 15 during your two calls with Maya Lau? 16 17 A. Witness LA. 18 19 20 21 I may have talked to Celeste Fremon from I tried not to talk to the media. That was our information bureau's job. Q. When you say you might have talked to her, what makes you think you did talk to her? A. Well, I know I talked to her when I got fired. 22 She wanted to know what was going on. And I told her the 23 same thing I told you and Maya, you know, I said he's 24 going to replace me, I thanked him for the opportunity, 25 wished him the best and walked out. Page 111 Veritext Legal Solutions 866 299-5127 Page 512 CONFIDENTIAL 1 2 Q. So if you did have a conversation with Maya Lau after you were discharged -- after you were fired -- 3 A. Right. 4 Q. -- in which you said basically what you just 5 said -- 6 A. Yes. 7 Q. -- was that a third -- 8 A. I mean that was a third one. 9 Q. But that was after you were no longer executive 10 officer, right? 11 A. Yes. 12 Q. All right. Other than talking to Celeste Fremon 13 of Witness LA and Maya Lau, did you speak to any other 14 member of the media, after you were fired, concerning Alex 15 Villanueva? 16 A. No, sir. 17 Q. Did you communicate, in your mind, indirectly 18 with a member of the media through anyone else about Alex 19 Villanueva, after you were terminated? 20 A. No, sir. 21 Q. After you were no longer executive officer, did 22 you intentionally convey to the media any information 23 about Carl Mandoyan? 24 A. No. 25 Q. Have you told me everything -- strike that. Page 112 Veritext Legal Solutions 866 299-5127 Page 513 CONFIDENTIAL 1 Other than what you've already told me during the 2 deposition today, did you ever communicate with any 3 representative of County Counsel about the Mandoyan -- any 4 aspect of the Mandoyan matter? 5 6 MR. MILLER: privilege. 7 8 9 Objection. Attorney-client Instruct you not to answer. MR. GORDON: So to be clear, I will break that down so I have a clear record of what the refusal is. Q. During the time you were executive officer, did 10 you speak with anyone representing County Counsel's Office 11 about the Mandoyan matter, other than what you've already 12 testified about today? 13 MR. MILLER: Objection. Attorney-client 14 privilege, instruct you not to answer. 15 BY MR. GORDON: 16 Q. After the time you walked out of the Sheriff's 17 Department on March 18, 2019, did you ever speak with 18 anyone from County Counsel about the Mandoyan matter? 19 A. After I walked out? 20 Q. Did you ever communicate indirectly with County 21 No. Counsel after -- strike that. 22 After you were no longer an employee of LASD, did 23 you speak with anyone representing County Counsel about 24 the Mandoyan matter? 25 A. No. Page 113 Veritext Legal Solutions 866 299-5127 Page 514 CONFIDENTIAL 1 Q. And did you communicate -- to be clear, did you 2 communicate indirectly with anyone from the County 3 Counsel's Office? 4 A. No. 5 Q. After -- strike that. 6 During the time you were executive officer, other 7 than what you've already testified about today, did you 8 ever communicate with anyone from the Office of Inspector 9 General about the Mandoyan matter? 10 A. No. 11 Q. After you left the Department on March 18, 2019, 12 did you ever speak with anyone representing the Office of 13 Inspector General about the Mandoyan matter? 14 A. No. 15 Q. Did you ever indirectly communicate with anyone 16 you understood to represent the Office of Inspector 17 General about the Mandoyan matter, after you left the 18 Sheriff's Department? 19 A. No. 20 Q. During the time you were executive officer, did 21 you ever communicate with anyone you understood to be 22 representing or participating in the Civilian Oversight 23 Commission? 24 A. Did I ever talk to anyone? 25 Q. Concerning Mandoyan. Page 114 Veritext Legal Solutions 866 299-5127 Page 515 CONFIDENTIAL 1 A. I may have talked to the chair about it. 2 Q. Under what circumstance -- strike that. 3 4 About when did you speak with the chair of the COC regarding the Mandoyan matter? 5 6 MR. MILLER: remember, great. 7 Don't guess or speculate. If not, you don't. THE WITNESS: I believe it was at the January COC 8 meeting, Civilian Oversight Commission meeting. 9 BY MR. GORDON: 10 Q. 11 12 And was that -- strike that. Was anyone else from the Sheriff's Department present at that meeting, besides you? 13 A. My aid was in the audience. 14 Q. And what was your aid's name, again? 15 A. Dominic Valencia. 16 17 If you And I don't know. I think there were a couple deputies there but I don't know who they were. 18 Q. Was that a publicly open meeting? 19 A. Yes, sir. 20 Q. What, if anything, did you say during that 21 meeting about the Mandoyan matter? 22 A. During the meeting, nothing. 23 Q. After the meeting or before the meeting, did you 24 speak with the chair of the commission about the Mandoyan 25 matter? Page 115 Veritext Legal Solutions 866 299-5127 Page 516 CONFIDENTIAL 1 A. She asked me about it and I talked to her about 3 Q. Is that before the meeting? 4 A. Before the meeting. 5 Q. How long did that communication take? 6 A. About 30 seconds. 7 Q. What did she ask? 8 A. She said, what's going on with this Mandoyan 2 9 it. character that your sheriff's trying to hire or hired 10 back? 11 because I wasn't involved in it. 12 speak to the sheriff. 13 14 15 16 17 I said Ms. Higgins, I can't talk to you about that You're going to have to Q. Is that the sum and substance of everything you A. That was the sum and substance of everything I said? talked about. Q. During the time you were executive officer, did 18 you ever communicate directly or indirectly with anyone 19 from the Board of Supervisors about the Mandoyan matter? 20 A. No. 21 Q. After you were no longer executive officer, did 22 you ever communicate directly or indirectly with the Board 23 of Supervisors about the Mandoyan matter? 24 A. No. 25 Q. And you understood my question, when I referenced Page 116 Veritext Legal Solutions 866 299-5127 Page 517 CONFIDENTIAL 1 the Board of Supervisors, to mean the Board of Supervisors 2 or their staff or any of their agents, right? 3 A. Yes. 4 Q. And when I asked you questions about 5 communications with the OIG, did you understand my 6 questions to include the OIG or any employees of the OIG? 7 A. Yes. 8 Q. And same as to County Counsel, right? 9 A. Yes. 10 Q. After you -- strike that. 11 During the time you were executive officer, did 12 you cause to be provided to anyone affiliated with OIG, 13 any document concerning the Mandoyan matter? 14 A. No. 15 Q. After you left the Department, did you? 16 A. No. 17 Q. Same questions as to the Board of Supervisors. 18 A. No. 19 Q. Is your answer no as to both? 20 A. To both, no. 21 Q. Same as to County Counsel, no as to both? 22 A. Yes and no. 23 Q. Tell me what the "yes" -- tell me what the "yes" 24 25 part is. MR. MILLER: Wait, wait. Let's not infringe on Page 117 Veritext Legal Solutions 866 299-5127 Page 518 CONFIDENTIAL 1 attorney-client privilege here. 2 give any document. 3 The question was did you You said yes. Now, if you get into what you gave, what and so 4 forth, that sounds like attorney-client privilege. 5 don't want you going there, so I would object on that 6 basis and instruct you not to answer, then. 7 BY MR. GORDON: 8 9 10 Q. matter, while you were executive officer? MR. MILLER: same instruction. 13 14 15 How many documents did you give to anyone representing the County Counsel concerning the Mandoyan 11 12 I Same instructions -- same objection, I don't think that's fair game at all. MR. GORDON: It doesn't disclose any communication, but we'll take that up later. Q. All right. How many times did you give a document -- one or 16 more documents to County Counsel concerning the Mandoyan 17 matter, while you were still executive officer? 18 A. Once. 19 Q. And with regard to that one time you gave one or 20 more documents to County Counsel while you were executive 21 officer, did you clear that with anyone from the 22 Department, before doing it? 23 A. No. 24 Q. Did you intentionally try to keep secret your 25 providing of that document to County Counsel? Page 118 Veritext Legal Solutions 866 299-5127 Page 519 CONFIDENTIAL 1 A. No. 2 Q. Did you make any record of providing the document 3 to County Counsel? 4 A. No. 5 Q. Did you reveal to anyone at the Department, at 6 any time, that you had given the document to County 7 Counsel? 8 9 MR. MILLER: involves privilege. You know what I'd like to do? This I'd like to take a short break and 10 talk to my client about the nature of the privilege and 11 because I don't really -- I'm not sure what's going on 12 here and... take a short break in that regard. 13 THE VIDEOGRAPHER: Off the record, Counsel? 14 MR. GORDON: All right. 15 MR. MILLER: Per your instructions. 16 THE VIDEOGRAPHER: 17 The time is 2:30. 18 (Recess taken 2:30 p.m. - 2:32 p.m.) 19 THE VIDEOGRAPHER: 20 The time is 2:32. 21 MR. MILLER: We're off the record. And we're back on the record. Okay, off the record -- I want to 22 just say for the record, I went off the record, talked to 23 my client. 24 instruction, were well taken, as usual, and they stand. 25 Definitely privileged. MR. GORDON: All right. My objection, We just said off the Page 119 Veritext Legal Solutions 866 299-5127 Page 520 CONFIDENTIAL 1 record, so was that on the record or off the record? 2 THE VIDEOGRAPHER: I said we're on the record. 3 MR. GORDON: Okay, all right. 4 MR. MILLER: We're good. 5 MR. GORDON: Just to be clear, so that it's clear 6 what's, quote, on the record, can you repeat the last 7 question? 8 (Record played back.) 9 THE VIDEOGRAPHER: 10 MR. GORDON: 11 THE VIDEOGRAPHER: 12 Yes. That was the last question? Yeah, that was the last question. 13 MR. MILLER: And I objected on privilege and I 14 ascertained that it is definitely -- this whole thing is 15 privileged. 16 while he was executive officer/undersheriff. 17 BY MR. GORDON: 18 Q. These are communications with County Counsel Why did you send the document to County Counsel, 19 while you were executive officer, that you have refused to 20 identify? 21 MR. MILLER: 22 privilege. 23 please. 24 BY MR. GORDON: 25 Q. Objection. Attorney-client Instruct you not to answer that question, Did you believe at the time you were -- you sent Page 120 Veritext Legal Solutions 866 299-5127 Page 521 CONFIDENTIAL 1 the document to County Counsel that you've refused to 2 identify, that you were doing so in order to reflect 3 negatively on the sheriff, Alex Villanueva? 4 A. No. 5 Q. Did you believe that you were doing something to 6 support the sheriff, Alex Villanueva, in sending the 7 document to County Counsel that you refuse to identify? 8 A. Yes. 9 Q. Who was it at County Counsel's Office you sent 10 the document to? 11 MR. MILLER: Un, wait, wait. 12 MR. GORDON: That's privileged? 13 MR. MILLER: I'm thinking about it, John. 14 You can answer the question. 15 THE WITNESS: 16 17 Relax. Rick Brouwer. BY MR. GORDON: Q. And what caused you to send the document to Rick 18 Brouwer, as opposed to anyone else at the County Counsel's 19 Office? 20 MR. MILLER: I think we're now getting into 21 attorney-client privileged communications, "what caused 22 you," and I instruct you not to answer that, please. 23 BY MR. GORDON: 24 25 Q. Do you know what -- do you know whether anyone at the Sheriff's Department ever learned about you sending Page 121 Veritext Legal Solutions 866 299-5127 Page 522 CONFIDENTIAL 1 the document to County Counsel, that you've refused to 2 identify? 3 MR. MILLER: He's not refusing. He's refusing 4 only because I'm objecting and instructing him, otherwise 5 he's been extremely cooperative with all of your 6 questions. 7 BY MR. GORDON: 8 Q. You can answer my question. 9 A. Do I know if anybody found out? 10 Q. Right. 11 A. Yes. 12 Q. Who found out? 13 A. Chief Matt Burson. 14 Q. And when do you know that Chief Matt Burson found A. Because he's the person I called and asked for 15 16 17 out? the document from. 18 Q. Did you tell him why you wanted the document? 19 A. Yes. 20 Q. What did you tell him? 21 A. That I wanted the counsel because I needed it -- 22 or the information because I needed to have it reviewed 23 and looked at. 24 Q. And when was this? 25 A. Probably February, middle February. Page 122 Veritext Legal Solutions 866 299-5127 Page 523 CONFIDENTIAL 1 2 Q. So you told Matt Burson you were going to send the document to County Counsel? 3 A. Yes. 4 Q. Did Matt Burson say anything about that? 5 A. No. 6 Q. So the document that you sent to County Counsel 7 was a preexisting document that was not created, to your 8 knowledge, for the purpose of communicating information to 9 County Counsel; is that right? 10 A. That's right. 11 Q. It was a Sheriff's Department document -- 12 A. Yes. 13 Q. -- that already existed before you ever called 14 15 16 Matt Burson; is that right? A. Yes. MR. GORDON: And you're still asserting privilege 17 over the communication of that document to County Counsel; 18 is that correct? 19 MR. MILLER: Yeah. 20 MR. GORDON: All right. 21 MR. MILLER: I mean, look, look, I -- 22 MR. GORDON: Why you think a preexisting LASD 23 document becomes privileged as a result of simply 24 communicating to County Counsel, you take -- 25 MR. MILLER: Just wait a second. Wait a second. Page 123 Veritext Legal Solutions 866 299-5127 Page 524 CONFIDENTIAL 1 I was starting to talk. I just don't want to waive any 2 privilege here, any communications between Mr. Leyva and 3 County Counsel. That's all I care about. 4 MR. GORDON: Preexisting. 5 MR. MILLER: Otherwise, I don't care. 6 If you want to ask him what the document was he 7 got from Burson, I don't care. 8 BY MR. GORDON: 9 Q. 10 What document did you obtain from -MR. MILLER: And by the way, thank you for me 11 giving you a good question. 12 BY MR. GORDON: 13 Q. What document did you obtain from Matt Burson? 14 A. The Mandoyan IAB case file. 15 Q. And so by sending that to County Counsel, you 16 believed that you were supporting Sheriff Villanueva's 17 position? 18 A. Yes. 19 Q. Why did you think you were supporting his 20 position by sending to County Counsel -- Deputy County 21 Counsel Rick Brouwer, the Mandoyan discipline case file? 22 A. Because of the years of experience that I had 23 working with him in his role as our advocate, our advocate 24 general in the litigation advocacy side of the Department, 25 I thought he would be able to help us in the situation. Page 124 Veritext Legal Solutions 866 299-5127 Page 525 CONFIDENTIAL 1 2 Q. Why did you think he would be able to help you? Before I ask you that question, who do you mean by "us"? 3 A. The Department, Alex. 4 Q. Why did you think that sending him the IAB case 5 file on Mandoyan was going to help the Department? 6 MR. MILLER: 7 now. 8 BY MR. GORDON: 9 10 Q. We're getting close to privilege I'm asking what you thought in your own mind, not what anyone told you. 11 MR. MILLER: 12 THE WITNESS: Okay, go ahead and answer it. That if there was anything at all 13 that was positive, that could be helpful to Alex to get 14 him out of the mess that he had gotten himself into, that 15 because of the years of experience and knowledge we had in 16 place, that we might be able to find something that would 17 give him a way out. 18 BY MR. GORDON: 19 Q. Is that the entirety of your reasoning at the 21 A. Yes. 22 Q. Other than the one document that you obtained 20 time? 23 from Matt Burson that you provided to County Counsel, did 24 you provide to anyone else outside the Los Angeles 25 Sheriff's Department any document concerning Carl Page 125 Veritext Legal Solutions 866 299-5127 Page 526 CONFIDENTIAL 1 Mandoyan? 2 A. No, sir. 3 Q. Did you provide any explanation to Matt Burson at 4 5 the time for why you wanted the Mandoyan IAB file? A. Just what I told you, that if there was any way 6 that we could find something that would help get Alex out 7 of the mess he was in, we might be able to do it. 8 9 Q. So you explained that to Matt Burson at the time you asked for the file? 10 A. Yes. 11 Q. Have you ever testified as a witness at a trial? 12 A. Yes. 13 Q. About how many times? 14 A. A hundred or more. 15 Q. How many of those hundred or more times were 16 criminal cases? 17 A. Probably 85, 90. 18 Q. How many -- and of the remaining cases, what type 19 20 21 22 of cases were they? A. Generally speaking. Just violations of State law, burglaries, robberies, child abuse. Q. I think you misunderstood my question or maybe I 23 misstated it. Other than the 85 or so times that were 24 criminal cases, what were the other types of cases, 25 generally, that you testified about? In? Page 126 Veritext Legal Solutions 866 299-5127 Page 527 CONFIDENTIAL 1 MR. MILLER: He's answering your question. 2 He said child abuse -- 3 MR. GORDON: 4 THE WITNESS: Well, that's a criminal case. That's a criminal case. But some 5 civil cases. 6 at the same time -- together, and I probably shouldn't. 7 BY MR. GORDON: 8 Q. 9 And I'm putting together civil depositions Okay, all right. For a clearer record, I'm just trying to 10 determine the times you've testified as a witness at a 11 trial, and you said over a hundred times, probably. 12 A. Mm-hmm. 13 Q. And you think about 85 percent of the time it was 14 a straight criminal case, right? 15 A. Mm-hmm. 16 Q. And then of the other time -- other type, some 17 were civil cases, right? 18 A. Yes. 19 Q. Were any administrative-type cases that had a 20 hearing? 21 A. A Civil Service Commission, yes. 22 Q. About how many times did you do that? 23 A. Half dozen. 24 Q. And of the civil cases, can you break them out 25 for me generally what types of cases they were? Page 127 Veritext Legal Solutions 866 299-5127 Page 528 CONFIDENTIAL 1 A. On the disciplinary cases at the Civil Service 2 Commission were use of force, general behavior. Those 3 were the -- those were the main ones, yeah. 4 through another civil trial was a use of force case in 5 federal court. And then 6 Q. What was your role as a witness in that case? 7 A. Just as a witness. 8 Q. A percipient witness? 9 A. Yes. 10 Q. Have you ever served as an expert witness? 11 A. Yes. 12 Q. How many times have you done that? 13 A. Half-dozen times. 14 Q. How long ago were those cases? 15 A. Oh, 30 years ago, 35 years ago. 16 Q. What type of expert did you testify as in those 17 cases? 18 A. Narcotics investigator. 19 Q. In each one of them? 20 A. Yes. 21 Q. Other than serving as a narcotics investigator 22 testifying about narcotics-related issues as an expert, 23 did you ever serve as an expert witness? 24 A. No. 25 Q. And apart from the two times that I think you Page 128 Veritext Legal Solutions 866 299-5127 Page 529 CONFIDENTIAL 1 spoke with Mr. Miller's colleagues in connection with 2 preparing for this deposition, have you been interviewed 3 by anyone in connection with any LASD matter, since you 4 left the Department on March 15th? 5 A. March 18th. 6 Q. March 18th. 7 A. No. 8 Q. Now, other than what you've already testified 9 10 11 12 13 about today, did you learn of anything else that Sheriff Villanueva did, that you consider to be inappropriate? A. From what source, along what lines? Department? Q. From the newspapers? Right. From the Where? Excluding anything you may have heard 14 from newspapers, did you ever learn of anything -- have 15 you learned of anything else that you consider Alex 16 Villanueva to have done, that you consider to be 17 inappropriate? 18 A. No. 19 Q. So you didn't hear that he cheated on his income 20 21 tax or robbed 7-11s, anything? A. 22 No. MR. MILLER: 23 yesterday. 24 BY MR. GORDON: 25 Q. He said something pretty bizarre I don't know if you caught that. Now, other than anything by Alex Villanueva, have Page 129 Veritext Legal Solutions 866 299-5127 Page 530 CONFIDENTIAL 1 you learned of any conduct by any of his senior executive 2 staff that you consider to be inappropriate? 3 A. No. 4 Q. Now, did you attend a Board of Supervisors 5 meeting along with Sheriff Villanueva and Assistant 6 Sheriff Tim Murakami and Lieutenant Sergio Escobedo? 7 A. When and... 8 Q. January of 2019 Board of Supervisors meeting. 9 A. Yes. 10 Q. Were you sitting in the gallery, as opposed to up 11 with -- 12 13 MR. MILLER: THE WITNESS: 15 MR. MILLER: 16 meeting. 17 story. 18 BY MR. GORDON: 20 21 22 23 24 25 Was this an open public meeting or was it a closed session? 14 19 Excuse me for a minute. Q. Open public meeting. You can testify to open public Closed session, with attorneys there, different Were you sitting in the gallery at the time with Tim Murakami and Sergio Escobedo? A. I thought I was. I thought Tim was up front with Alex, and I was in the back. Q. So your recollection is that Assistant Sheriff Murakami was with Sheriff Villanueva at the front? A. Yes. Page 130 Veritext Legal Solutions 866 299-5127 Page 531 CONFIDENTIAL 1 Q. Who were you sitting next to? 2 A. I don't know. 3 Q. Do you remember whether Sheriff Villanueva made 4 any comment to the Board concerning Carl Mandoyan, during 5 that hearing you were attending? 6 A. 7 8 9 I'd have to look at the transcripts of the Board. I don't know. Q. Do you remember snickering at any comment that Sheriff Villanueva made to the Board of Supervisors at a 10 late January 2019 meeting in which you were sitting in the 11 gallery? 12 MR. MILLER: Snickering? 13 MR. GORDON: Snickering. 14 THE WITNESS: 15 16 No. BY MR. GORDON: Q. Do you remember audibly expressing some 17 disapproval of a meeting -- of a comment that Alex 18 Villanueva made at a late January 2019 Board of 19 Supervisors meeting while you were sitting in the gallery? 20 A. No. 21 Q. Did Sheriff Villanueva make any comment at a late 22 January 2019 Board of Supervisors meeting that you thought 23 was worthy of your disapproval? 24 25 A. I don't know. I don't know what the comments were. Page 131 Veritext Legal Solutions 866 299-5127 Page 532 CONFIDENTIAL 1 Q. You don't remember him making any comments, as 2 you sit here today, that you thought were worth your 3 disapproval; is that right? 4 A. I don't remember the comments, no. 5 Q. In connection with your work for APEX -- strike 6 that. 7 The last time you worked for APEX was before you 8 returned to the Department in December of 2018; is that 9 right? 10 A. Yes. 11 Q. Now, you referenced earlier a communication that 12 you had with Celeste Fremon of Witness LA. 13 A. Yes. 14 Q. What's your understanding of what Witness LA is? 15 A. It's a -- I guess a internet podcast, I guess you 16 17 18 would call it. Q. Is it a website that people -- that it has articles posted on it? 19 A. Yes. 20 Q. And people can comment on articles? 21 A. Yes. 22 Q. Now, have you posted messages on Witness LA using 23 the title or name "25 Cents More"? 24 A. No. 25 Q. Have you posted any messages on Witness LA at any Page 132 Veritext Legal Solutions 866 299-5127 Page 533 CONFIDENTIAL 1 time using a title or a name other than your own? 2 A. I don't know how to post on Witness LA. 3 Q. Have you ever directed anyone to post a message 4 on Witness LA for you? 5 A. No. 6 Q. Now, the first quarter 2019 while you were 7 executive officer, did you do anything to facilitate the 8 promotion of Sandra Solis to the position of director of 9 bureau operations for Los Angeles Sheriff's Department? 10 A. I went to the sheriff and asked if we could put 11 her and John McBride as co-captain/co-director of the 12 Personnel Bureau because we needed to get our office and 13 affairs in order and we needed to start hiring a thousand 14 deputies to make things work. 15 So I asked him to allow us, in conjunction with 16 Larry Del Mese, who was with me when we made the pitch, if 17 it would be okay for him -- with him if we put the two of 18 them in place. 19 pre-employment and backgrounds, and Sandra would run the 20 rest of the Personnel Bureau until we got things up and 21 running, and then we would consolidate the two factions 22 again. 23 John would be central to recruitment, And that was on a Wednesday afternoon. He said okay and we put the teletype out that 24 John and Sandra Solis would be acting director and acting 25 captain on Friday afternoon. Page 133 Veritext Legal Solutions 866 299-5127 Page 534 CONFIDENTIAL 1 Q. When was this? 2 A. Whatever the week before they got made actors. 3 don't know. 4 Maybe December. I don't know. 5 6 It was in January, maybe. Q. So you asked -- you're saying you asked the sheriff, in front of Larry Del Mese, right? 7 A. With Larry Del Mese. 8 Q. Larry Del Mese was also making the request? 9 A. Yes. 10 Q. Was anyone else present during that 11 communication? 12 A. 13 The sheriff, Larry and myself. MR. GORDON: I'm handing the reporter to mark as 14 Exhibit 5, a document, two pages, dated March 5th, 2019, 15 addressed to Maryanne, M-A-R-Y-A-N-N-E; Keehn, K-E-E-H-N, 16 from Ray Leyva, Undersheriff. 17 18 (Exhibit 5 marked.) BY MR. GORDON: 19 Q. 20 Do you recognize -MR. MILLER: 21 case? 22 BY MR. GORDON: 23 I Q. What does this have to do with the Do you recognize this letter? 24 MR. MILLER: Wait, wait, objection. 25 What does this have to do with our case? Page 134 Veritext Legal Solutions 866 299-5127 Page 535 CONFIDENTIAL 1 MR. GORDON: Is your objection relevance? 2 MR. MILLER: Yeah. It's irrelevant, it's not 3 relevant to the subject matter of the case. It's not 4 reasonably calculated to lead to the discovery of 5 admissible evidence, and it appears to pertain to -- it 6 appears to contain confidential personnel information 7 about law enforcement officers. 8 its use without some kind of an offer of proof from you, 9 and I'm going to instruct him not to answer it unless I'm going to object to 10 there's some showing that it has something to do with this 11 case and it's not violative of the law. 12 BY MR. GORDON: 13 Q. Do you recognize this letter? 14 A. Yes. 15 16 MR. GORDON: Okay, I'll also move to designate this as confidential. 17 MR. MILLER: Yeah, but you didn't answer the 18 other part of my question. 19 BY MR. GORDON: 20 21 22 Q. Is this a letter that you signed in order to have Sandra Solis promoted to a higher rank? MR. MILLER: I'm going to object. I'm going to 23 tell you -- I'm going to instruct you not to answer this, 24 based on relevancy and harassment. 25 going -- I don't know Sandra Solis, I don't know that she I don't know what's Page 135 Veritext Legal Solutions 866 299-5127 Page 536 CONFIDENTIAL 1 has any connection whatsoever to the Mandoyan case, and 2 I'm shutting down this whole line of inquiry unless and 3 until -- and I'm trying to be reasonable -- you make some 4 kind of an offer of proof, John, that this has something 5 to do with the Mandoyan case. 6 I've given you very wide latitude, I haven't made 7 these kinds of objections at all, but this looks like it's 8 completely irrelevant. 9 still an employee of the LA County Sheriff's Department, 10 and I'm not going to allow him to answer questions about 11 her and drag her into the case unless there's some showing 12 that it's related to Mandoyan. 13 BY MR. GORDON: 14 Q. As far as I know, Sandra Solis is At the time you signed the March 5th, 2019, 15 letter requesting Ms. Solis's promotion, did you have any 16 type of relationship with Ms. Solis, other than simply 17 co-workers for LASD? 18 MR. MILLER: Same instruction -- same objection, 19 same instruction. 20 unbecoming, it's unnecessary, and I'm going to ask you to 21 stop doing that. 22 BY MR. GORDON: 23 Q. And that's also harassing, it's Next question. Did you ever have any discussion with Alex 24 Villanueva or any of his senior executives regarding your 25 request that -- strike that. Page 136 Veritext Legal Solutions 866 299-5127 Page 537 CONFIDENTIAL 1 2 Did you seek any approval to have this particular letter sent on behalf of Sandra Solis's promotion? 3 MR. MILLER: 4 minutes ago. 5 BY MR. GORDON: 6 Q. Same objection that I made a few Same instruction. Now, when you were brought back to the Department 7 as executive officer, did you attempt to create a new 8 position for yourself titled Chief Deputy Sheriff? 9 A. Sheriff? 10 Q. Did you attempt to create a new position for 11 No. yourself titled Chief Deputy? 12 A. Yes. 13 Q. What was the official formal title you were 14 trying to create for yourself? 15 A. It was Chief Deputy/Undersheriff. 16 Q. And what was your purpose in doing that? 17 A. So we could formalize the usage of the 18 19 20 21 22 "undersheriff" title. Q. Are you saying that there was no formal title "undersheriff" at the time you were trying to do this? A. Not for a civilian position, no. MR. GORDON: I'm asking the reporter to mark as 23 Exhibit 6, a two-page unsigned letter dated February 5th, 24 2019, to Ms. Sachi Hamai -- 25 MR. MILLER: Can I have a copy? Page 137 Veritext Legal Solutions 866 299-5127 Page 538 CONFIDENTIAL 1 MR. GORDON: 2 (Exhibit 6 marked.) 3 MR. MILLER: 4 Okay, you can go ahead and ask about this letter. 5 It's background information, I guess. 6 7 8 -- from Alex Villanueva. Can I read it for a minute, please? BY MR. GORDON: Q. Did you cause the unsigned letter marked Exhibit 5 (sic) to be prepared? 9 A. Yes. 10 Q. Why? 11 A. Well, as it explains in the letter, the initial 12 appointment to the executive officer was let's get this 13 done, let's get him in place, and once we're in place, 14 then we can create this position that more appropriately 15 would pay for the second in command for the Sheriff's 16 Department. 17 So to do that and still comply with my disability 18 requirements, we needed to created a chief 19 deputy/undersheriff spot that was a civilian in nature, 20 not having any safety implications at all. 21 So we created this letter which complied with the 22 PREPA requirements, with the LACERA requirements, and we 23 sent it to the sheriff for his review or his approval in 24 moving it forward. 25 Q. Now, when you say "we," who is the "we"? Page 138 Veritext Legal Solutions 866 299-5127 Page 539 CONFIDENTIAL 1 A. Well, just me. 2 Q. Are you saying you sent a copy of the proposed 3 letter dated February 5th, 2019, to the sheriff before it 4 was sent out? 5 A. It was never sent out, to my knowledge. 6 Q. Who did you send it to in order to run it by the 7 sheriff? 8 9 10 A. I had it created, I had talked to Chief Del Mese about it, that this was what I was doing to, as we had talked about before the election, once we got in place. 11 And then once this letter was created, I gave it 12 to my secretary and I said, hey, can you take this down to 13 Alex, see if he can get it -- if he'll sign it, and if 14 he's not around, if he'll agree to an auto sign and if 15 not, we'll just wait and see what happens. 16 And then I would go back periodically every 17 couple of weeks, hey, has Alex still got that letter? 18 he going to move forward on it? 19 20 Q. Is What are we going to do? Who are you saying you would go to to ask if Alex still had your proposed letter? 21 A. The Lieutenant Garcia who was in charge of the 22 correspondence that was necessary for signature from Alex, 23 what they called the blue folder, and Larry Del Mese, 24 both. 25 Q. What was the blue folder? Page 139 Veritext Legal Solutions 866 299-5127 Page 540 CONFIDENTIAL 1 A. I don't know. It was just stuff that they gave 2 him, they said, well, it's in his blue folder, he's got 3 it. 4 5 Okay. Q. Just a manila folder. Was the blue folder, documents that were for the sheriff's personal review and hard signature? 6 A. If that was in there, I would assume so. 7 Q. No, was that your purpose in order -- was your 8 purpose to send him this proposed letter for his personal 9 review before it got sent to -- 10 A. Oh, absolutely. 11 Q. -- the chief executive officer of Los Angeles 12 County? 13 A. Absolutely. 14 Q. Did you ever personally discuss with the sheriff, 15 the preparation of this letter? 16 A. I talked to him about the letter and I even asked 17 him, subsequent to that, hey, how are we doing -- or do 18 you still have the letter? 19 I've still got it, I'm still looking at it. 20 And his response was, yeah, Okay. Q. Did you explain which letter you were referring 22 A. Yes. 23 Q. What letter did you tell him you were referring A. About creating the chief deputy spot. 21 24 25 to? to? Page 140 Veritext Legal Solutions 866 299-5127 Page 541 CONFIDENTIAL 1 2 Q. Did he say -- ever say anything to you about creation of a chief deputy spot? 3 A. As to... well, when... 4 Q. Before you sent him this letter, had you had any 5 discussions with him about creation of a spot called chief 6 deputy? 7 A. Yes. 8 Q. When did you first discuss that with him? 9 A. Oh, probably within the first four to five weeks. 10 Q. Of? 11 A. Coming into office, say late -- end of December, 12 early January, because as the letter explained, we 13 initially put me on the executive assistant position 14 because that was vacant and they could get me working 15 right away, and then the intent was to create a executive 16 level position, commensurate with creating a number two 17 spot on the civilian side that would be appropriate for 18 the Sheriff's Department, to match what the chief deputy 19 was at the DA's office, the Public Defender's Office, that 20 were all civilian positions. 21 it and we started putting the letter together. 22 Q. 23 24 25 So it was -- we talked about Whose idea was it to create the position? As far as you know. A. Probably both of us because we had talked about salary placement and because of the position that we had Page 141 Veritext Legal Solutions 866 299-5127 Page 542 CONFIDENTIAL 1 to use. 2 something else so, well, then we need to create something 3 to put me on, to get me off of the executive assistant. 4 Q. They wanted to use that executive assistant for Do you know approximately how much more in 5 compensation a year the undersheriff or the chief deputy 6 position you were trying to create would pay, than the 7 executive officer position you held? 8 9 A. It would be closer to -- I was -- under the executive assistant position, I was being paid $11,000 a 10 month, I believe. 11 item which would be used to pay for this, was, un, I think 12 at 28,000 a month, but given the restrictions of PEPRA, we 13 would never reach that dollar amount. 14 10, 11. And the undersheriff funded It would be closer to 22,000 a month. 15 Q. And what did you say? PEPRO? 16 A. Public Employees Pension Reform Act. We just 17 used that item as the funding source to create it. 18 mean, it could have been any salary range but we 19 identified it as the funding source for the new item, no 20 impact to the Department. 21 budgeted item, we were just going to use it to fund a 22 civilian chief deputy/undersheriff item. 23 Q. I Because it was already a Did you believe that there was any conflict 24 between the position you held and your prior retirement on 25 disability? Page 142 Veritext Legal Solutions 866 299-5127 Page 543 CONFIDENTIAL 1 A. No. We vetted that before we took the position. 2 Q. When you say "we," who is the "we"? 3 A. Well, I had -- I questioned LACERA and -- to make 4 sure that the position I was placed in did not conflict 5 with any of my disability requirements and that it did not 6 conflict with State law. 7 8 9 Q. And did anyone communicate with you that there would be no conflict? A. LACERA. LACERA sent the Department a letter 10 saying that they were -- there was no conflict with the 11 position, which is why we moved forward. 12 Q. Did you ever cause the February 5th proposed 13 letter that you had prepared for Alex Villanueva, 14 addressed to Ms. Sachi Hamai, to be placed in the auto 15 signature file -- 16 A. No, sir. 17 Q. -- for the sheriff? 18 A. No, sir. 19 Q. Did you ever say anything to anyone suggesting 20 that that's what you were proposing be done, that it be 21 put in an auto signature file? 22 A. When I initially asked my secretary to take it 23 down, told her to take it down to Alex, if he's available, 24 and then see if he can sign it or if he'll approve having 25 it auto signed. If not, we'll wait for him. Page 143 Veritext Legal Solutions 866 299-5127 Page 544 CONFIDENTIAL 1 That was the one and only time I ever said that. 2 Q. The only time you ever referenced auto signature? 3 A. Yes, sir. 4 Q. Who was your secretary? 5 A. Un, Dana Giambalvo. 6 Q. I'm sorry, who? 7 A. Dana Giambalvo. 8 Q. Can you spell that? 9 A. G-I-A-M-B-A-L-V, like victor, O. 10 Q. Did you believe, at the time you submitted this 11 letter for transmission, signature and transmission to 12 Sachi Hamai, that it was a type of letter that Sheriff 13 Villanueva would personally want to review? 14 15 A. He should review that. We're creating a very high-level executive position in the Department. 16 That's why we sent it to him. 17 Q. You say "we." Who is the "we"? 18 A. I just use "we" as me. That's why it was sent to 19 the sheriff for his signature and review. 20 something like that without the sheriff's authority. 21 Q. We can't do Did you communicate with Lieutenant Shawn Kehoe 22 in any way about submission of a request by the sheriff to 23 the CEO of LA County for creation of this new chief deputy 24 position? 25 A. Yes. Page 144 Veritext Legal Solutions 866 299-5127 Page 545 CONFIDENTIAL 1 Q. When did you do that? 2 A. During the time that we were preparing the 3 letter. 4 Q. What communications did you have with Lieutenant 5 Kehoe about submitting this request to the chief executive 6 officer, Ms. Hamai? 7 A. I wanted -- I asked him to review this, to make 8 sure that we were in compliance with existing State law 9 and the LACERA requirement over my disability retirement, 10 and that the verbiage in this did not conflict with that, 11 because we wanted to remain in compliance with State law 12 and we wanted to make sure that when and if, by transition 13 over to this position, we didn't do anything to violate 14 what the LACERA Board had already said was -- were 15 appropriate duties for my position. 16 MR. GORDON: Let's take a quick comfort break. 17 MR. MILLER: Okay. 18 THE VIDEOGRAPHER: 19 MR. MILLER: 20 THE VIDEOGRAPHER: One moment, please. Off the record. We are off the record. 21 time is 3:07. 22 video deposition of Mr. Raymond Leyva. The This will be the end of Disc No. 3 of the 23 (Recess taken 3:07 p.m. - 3:13 p.m.) 24 THE VIDEOGRAPHER: And we're back on the record. 25 The time is 3:13. This will be Disc No. 4 of the Page 145 Veritext Legal Solutions 866 299-5127 Page 546 CONFIDENTIAL 1 video deposition of Mr. Raymond Leyva. 2 MR. GORDON: I'm handing to the reporter to mark 3 as Exhibit 7, a two-page email chain, the top email being 4 from Shawn R. Kehoe on February 5th, 2019, to Rhonda L. 5 Hennessy, H-E-N-N-E-S-S-Y. 6 7 (Exhibit 7 marked.) BY MR. GORDON: 8 Q. Would you take a look at that document, please? 9 A. Okay. 10 Q. Did you ever see any of these emails before I 11 just showed them to you? 12 A. No. 13 Q. Going back to the first email at 12:52 p.m. on 14 page 2, did you ever learn from anyone that any letter 15 sent -- had been sent from the Personnel Administration 16 Bureau to the CEO, requesting the undersheriff 17 administration position? 18 A. No. 19 Q. And then on page 1, the bottom email from Shawn 20 Kehoe on February 5th at 3:48 p.m. to Rhonda L. 21 Hennessy -- 22 MR. MILLER: Excuse me for interrupting you, this 23 looks like a personnel -- where is it? These look like 24 personnel issues and you're not designating them 25 confidential. Is there a reason why? Page 146 Veritext Legal Solutions 866 299-5127 Page 547 CONFIDENTIAL 1 MR. GORDON: No, I am going to designate them 2 confidential, as soon as we finish this line of 3 questioning. 4 MR. MILLER: Oh, okay. 5 MR. GORDON: If you want me to do it in the line 6 of questioning at the end, that's fine too. 7 MR. MILLER: I think you should do it -- 8 MR. GORDON: I would designate this entire line 9 of questioning about Exhibit 7 as confidential, and if -- 10 11 MR. MILLER: And I think 5 and 6, Exhibits 5 and 6, are personnel. 12 I think you should designate those too. 13 MR. GORDON: Well, I did. 14 MR. MILLER: If you're going to comply with the MR. GORDON: Well, I did designate -- didn't I 15 16 17 law. designate 5 as confidential? 18 MR. MILLER: No, I don't think so. 19 MR. GORDON: I believe I did but -- I believe I 20 did but to be clear, of course 5 should be deemed 21 designated confidential, 6 should be designated 22 confidential, and 7 should be designated confidential. 23 MR. MILLER: Okay. And we agree because these 24 are, you know, sheriff personnel-related documents, and I 25 agree with that. Page 147 Veritext Legal Solutions 866 299-5127 Page 548 CONFIDENTIAL 1 MR. GORDON: And the testimony concerning each of 2 these three exhibits should also be deemed designated 3 confidential. 4 5 6 MR. MILLER: Fine. BY MR. GORDON: Q. With regard to the email from Shawn Kehoe that I 7 was just asking about on the bottom of page 1, do you know 8 where the job duties he referenced there came from, 9 advising the sheriff on administrative, legislative and 10 operational matters, overseeing Department activities, 11 using good judgment, and some driving? 12 A. The job duties? They were the exact same job 13 duties we listed on the executive assistant position, 14 which complied with State law and with LACERA requirements 15 and with County requirements for bringing me back as a 16 120-day rehire. 17 MR. GORDON: All right. 18 I have no further questions at this time. 19 MR. MILLER: 20 You've done a very thorough job as usual, John, All right. Well, I have a few. 21 so I'll try not to be repetitive, just to clarify some of 22 the points that you raised. 23 THE VIDEOGRAPHER: Do you want to change seats? 24 MR. MILLER: 25 I'm not going to take that much. No, we can just stay here. Page 148 Veritext Legal Solutions 866 299-5127 Page 549 CONFIDENTIAL 1 2 3 4 EXAMINATION BY MR. MILLER: Q. Mr. Gordon -- Mr. Leyva, Mr. Gordon asked you 5 about any negative feelings that you had toward Alex 6 Villanueva, and you said no. 7 you support his -- initially, at least, support his -- and 8 throughout the campaign, his election, his campaign and 9 election for sheriff? 10 A. My question to you is did Yes, I did. In fact, I even -- 11 MR. GORDON: Sorry. 12 MR. MILLER: You don't sound good, John. 13 MR. GORDON: Yeah. 14 MR. MILLER: I'll make this brief. 15 MR. GORDON: Taking Cold-Eeze. 16 Sorry about that. 17 THE WITNESS: 18 In fact, I believe I was the first person to Yes, I did. 19 write a check to fund his campaign in '17, maybe. 20 BY MR. MILLER: 21 Q. You testified at length about the -- I think we 22 called it the sheriff's panel or the truth and 23 reconciliation panel wasn't properly formed or constituted 24 by the time you left. 25 A. Do you recall that testimony? Yes. Page 149 Veritext Legal Solutions 866 299-5127 Page 550 CONFIDENTIAL 1 Q. Could you explain what you meant by that? 2 A. They had used the title that a panel previously 3 used when they reviewed the Mandoyan or created a decision 4 to bring Mandoyan back to the Department, they used that 5 title, but that panel had not been created or approved by 6 the Department, the unions, OIG, COC or anybody because we 7 had -- the only thing we had done up to the time and prior 8 to my being terminated was that we had sent a draft policy 9 to OIG and COC saying, this is what we think we're going 10 to do, as far as creating the truth and reconciliation 11 panel. 12 We sent that document, it was a one-page policy 13 statement, to OIG and they responded with some concerns 14 but we never got a response from COC. 15 At the COC hearing, I believe in January -- and I 16 don't know which one it was -- they raised that issue and 17 expressed a number of concerns, and I thanked them for 18 bringing that out but I reminded them that we had sent 19 them that policy and asked for their concerns so that we 20 could take it back, revise it, review it and then send 21 them what we would hope to be a final version so that we 22 could move forward with creating the panel. 23 24 25 I don't know what happened after that because I was terminated, so... Q. So you were terminated on March 18th, 2019, Page 150 Veritext Legal Solutions 866 299-5127 Page 551 CONFIDENTIAL 1 correct? 2 3 A. Right. And there was still no panel created at the time that I left. 4 Q. Okay. So to the extent a, quote, group -- I 5 think it was -- you testified it was Tim Murakami, Eli 6 Vera and some chief named Gross -- what was his first 7 name? 8 A. Steve. Steve Gross. 9 Q. Steve Gross. To the extent they met on or about 10 December 21, 2018, and purported to be the truth and 11 reconciliation panel and then subsequently, about a week 12 later on December 28th, if I remember correctly -- is that 13 right? 14 panel, this panel, as such, was not the panel that you 15 contemplated would be finally approved and set up as a 16 proper process; is that correct? On December 28th, 2019, rendered a report of this 17 MR. GORDON: 18 THE WITNESS: 19 Objection. Leading. That's correct. BY MR. MILLER: 20 Q. Can you explain why? 21 A. Because the truth and reconciliation panel, as we 22 had talked about and I had talked about with the sheriff, 23 was to be comprised of a member from County Counsel, which 24 is why I was trying to bring Deputy County Counsel Rick 25 Brouwer back, to be part of that constitutional advisory Page 151 Veritext Legal Solutions 866 299-5127 Page 552 CONFIDENTIAL 1 panel or part of the truth and reconciliation panel, and 2 then we were supposed to hire two Constitutional Policing 3 Advisors which the Board was funding and wanted us to 4 have. So that was the intent. 5 The panel was to be two CPAs, County Counsel, and 6 then whatever staff they needed to be their investigative 7 arm to do the follow-up and research on cases that the 8 sheriff, or whoever he designated, decided needed to be 9 reviewed again. 10 11 Q. Did you have discussions along those lines with Alex Villanueva? 12 A. Yes. 13 Q. Did you have discussions along those lines with 14 other high-ranking people around him? 15 A. Yes. 16 Q. What are their names? 17 A. Assistant Sheriff Gutierrez, Assistant Sheriff 18 Olmsted, Chief Del Mese, Lieutenant Garcia, County Counsel 19 Rick Brouwer. 20 Q. My question to you, in those discussions with 21 Chief -- with Sheriff Alex Villanueva, did Mr. Villanueva 22 ever say no, Ray, we're not doing it that way, we're doing 23 it my way, or did he go along -- was he agreeable to the 24 way you proposed -- you thought it was going to be done? 25 MR. GORDON: Objection. Compound. Page 152 Veritext Legal Solutions 866 299-5127 Page 553 CONFIDENTIAL 1 BY MR. MILLER: 2 Q. What was his response to those discussions? 3 MR. GORDON: 4 THE WITNESS: Objection. Vague and ambiguous. When we talked about the 5 Constitutional Policing Advisors being involved, he 6 initially had wanted to get rid of them and not hire them 7 at all, and I objected to that, telling him -- and which 8 he ultimately agreed to -- that he needed those two 9 positions as CPAs because that allowed him to create the 10 commission and the panel that he wanted to, to review the 11 cases that he would look at, because they were also 12 positions that the Board had been highly supportive of and 13 funded, and if he kept those positions in place, it would 14 curry favor with the Board and it would help them deal 15 with and accept whatever the outcomes were going to be 16 coming, because those were positions that they wanted and 17 they supported and funded. 18 And I cautioned him that by completely removing 19 those, it hurt him. So after much discussion he probably 20 said, yeah, okay, you're right. 21 let's get those people hired. 22 bulletin out. 23 interviewed six or eight applicants and he made a decision 24 to hire Georgina Dunne and Phil Argento to be the two 25 CPAs. Create the process and So we did and we put a job We got 30-some applications. We Page 153 Veritext Legal Solutions 866 299-5127 Page 554 CONFIDENTIAL 1 BY MR. MILLER: 2 Q. The Constitutional Policing -- 3 A. The Constitutional Policing Advisors. 4 Q. -- Advisors? 5 A. And that was probably two weeks, three weeks 6 before I left, we finally got that process and interviews 7 completed and he said, yeah, let's hire her, let's look at 8 hiring him. 9 Brouwer back, and had him in place to be part of that And I had already been able to bring Rick 10 commission, part of that panel, to make sure that we were 11 complying with policy and procedures to keep the sheriff 12 out of trouble. 13 Q. Now, were you going to be on this panel? 14 A. No. That was an independent panel and then those 15 -- their results -- and we were still trying to flesh it 16 out as to once they came up with their review and their 17 discussions, who were they going to take it to to make a 18 decision as to what you're going to do with these deputies 19 or anybody that was going to have to be considered for 20 rehire. 21 My recommendation had been that it go to case 22 review, which would have been then I would have been part 23 of the deciding team as the executive 24 officer/undersheriff, with two assistant sheriffs 25 reviewing their decisions and either concurring or naying Page 154 Veritext Legal Solutions 866 299-5127 Page 555 CONFIDENTIAL 1 2 3 and moving forward. Q. Now, when you say Rick Brouwer, he was from County Counsel? 4 A. Deputy County Counsel, yes, or senior principal. 5 Q. And then you gave us the names of the two 6 Constitutional Policing Advisors. 7 Who else did you discuss with Alex Villanueva 8 being on this truth and reconciliation panel, as you've 9 described it? 10 11 A. Being a member of the panel? As to who the party would be that would be on the panel -- 12 Q. Yes. 13 A. -- with the sheriff, with Chief Del Mese? 14 Because he -- the three of us sat in on the 15 interviews with the candidates. 16 because he was there recording what we were doing, but we 17 were the interview panel. 18 Q. Lieutenant Garcia, Who else would sit on the panel, besides the two 19 CPAs, the -- Rick Brouwer from County Counsel's Office, 20 would that be the composition of the panel? 21 A. That would be the truth and reconciliation panel. 22 Q. Got it. 23 And that's something that, in your discussions with Alex Villanueva, he agreed to? 24 A. Yes. 25 Q. And by the time you left on March 18th, 2019, had Page 155 Veritext Legal Solutions 866 299-5127 Page 556 CONFIDENTIAL 1 that panel been implemented? 2 A. No. 3 Q. Do you know if it was ever implemented? 4 A. No, I don't. 5 Q. So what was this group or panel or whatever you 6 wanted to call it that met on December 21 and then 7 rendered some kind of a document on December 28, 2018, 8 regarding the reinstatement of Mr. Mandoyan, how would you 9 characterize that entity or that thing, whatever it was? 10 A. It was a misnamed panel of three people that the 11 sheriff said, go take a look at this case and tell me what 12 you think we should do. 13 Q. Was -- 14 A. But it was misnamed. 15 Q. Was it a panel that was selected by Alex 16 Villanueva? 17 A. Yes. 18 Q. Did you know about it beforehand? 19 A. No. 20 Q. Before -- when did you find out about it? 21 A. After I found out Mandoyan had been hired and 22 that this panel had met and made this decision. 23 Q. So sometime after the new year? 24 A. Probably the first week of January. 25 Q. Were you surprised? Page 156 Veritext Legal Solutions 866 299-5127 Page 557 CONFIDENTIAL 1 A. Very much so. 2 Q. Why? 3 A. It went against everything we had been talking 4 about; myself, Del Mese, Eli, the assistant sheriffs, it 5 went against everything we had talked about, dealing with 6 Mandoyan, and then created this panel without my 7 involvement at all, even though I'm responsible for the 8 Professional Standards Division, which is our criminals, 9 our IAB, our risk management, our litigation advocacy 10 group, I'm -- it just made no sense. 11 actually stunned that it happened. 12 13 Q. Okay, all right. I was -- I was And you mentioned case review, and I want to just ask about discharge cases. 14 I don't want to ask about suspension cases. 15 What is the role of the case review -- what is 16 17 case review, in regard to discharge cases? A. Once the chief has made a decision that the 18 employee who has been charged with policy violations 19 should be discharged, after he reviews all the written 20 investigators' information, he makes a recommendation for 21 discharge. 22 is the undersheriff and two assistant sheriffs. 23 That is then presented to case review, which The chief presents the facts of the case as he 24 believes them to be or based on the investigation that he 25 has and makes his recommendation for discharge. Page 157 Veritext Legal Solutions 866 299-5127 Page 558 CONFIDENTIAL 1 I -- the case review panel has had the 2 opportunity to look at the information before going in, so 3 that we're familiar with the case as he's presenting it. 4 He makes the recommendation. 5 If we agree with him, we say, okay, we agree, but 6 before we would make that announcement, we would look at 7 County Counsel: 8 objections to this? 9 And they would say yes or well, we had some issues but we County Counsel, do you have any Are we following our past practice? 10 resolved it or well, we think you still need to do this 11 and ask for further investigation, and then we would look 12 at the Office of Inspector General who is also overseeing 13 our investigations and administrative investigations and I 14 would ask County or OIG, are you good with this? 15 And they would say yea or nay again. 16 And then if it was a yea from both sides, okay, 17 we concur with the recommendation, we would sign a letter 18 saying that the case review panel has met, we concur with 19 the division chief's recommendation for discharge, you 20 know, and then give it to our IAB or actually our advocacy 21 folks to prepare a letter of imposition or letter of 22 intent or letter -- it would have been a letter of 23 imposition at that point, to be sent to the employee. 24 25 Q. Okay. My question to you is this -- I'll call this the case review -Page 158 Veritext Legal Solutions 866 299-5127 Page 559 CONFIDENTIAL 1 A. Process. 2 Q. -- process. 3 A. Yes. 4 Q. How long has this case review process been in Can I call it that? 5 effect at the Sheriff's Department, with regard to 6 discharge of deputy sheriffs? 7 A. God. How many years? The whole time I was on, from '81, until 8 the time that I left in '16, and then when I came back in 9 December, it was still in place because I was now the 10 11 12 chair of that case review committee. Q. Was this case review process, was this an important process internally for the sheriff? 13 A. Absolutely. You're -- 14 Q. Why? 15 A. -- impacting the lives of our personnel, yeah. 16 Q. My question to you is during your time between 17 late 2018 and when you were fired by Alex Villanueva on 18 March 18th, 2019, to your knowledge did Alex Mandoyan 19 (sic) go through this important, longstanding case review 20 panel process at all? 21 A. No. 22 Q. Well, why not? 23 A. I do not know. 24 Q. Well, who made the decision, to your knowledge, 25 Do you know why not? about reinstating Alex Mandoyan, based on everything you Page 159 Veritext Legal Solutions 866 299-5127 Page 560 CONFIDENTIAL 1 know? 2 A. The sheriff. 3 Q. Do you know when he made that decision? 4 A. I would have to say the week after he received 5 6 the -Q. 7 8 MR. GORDON: 11 Hold on. You interrupted his answer in the middle of his answer. 9 10 My question is do you -- MR. MILLER: Q. I did. My question is don't speculate -- I've told you this before -- 12 MR. GORDON: That's not appropriate, to interrupt 13 him in the middle of the sentence to tell him to not 14 speculate. 15 ask to move as nonresponsive -- object as nonresponsive 16 but you don't stop a witness in the middle of his answer. 17 18 19 You can object after he -- you can object and MR. MILLER: I apologize, I didn't mean to interrupt you and I'm sorry, Counsel. Q. But I don't want you to speculate, you know. 20 I can say that to you. You're my client. 21 Do you know when Alex Villanueva made the 22 decision to bring his driver, Mandoyan, back into the 23 Department, reinstate him, pay him two-plus years of -- 24 two-and-a-half years of backpay? 25 A. No. Page 160 Veritext Legal Solutions 866 299-5127 Page 561 CONFIDENTIAL 1 2 Q. MR. GORDON: What a remarkable change in his MR. MILLER: Now you're doing what you accused me MR. GORDON: Yeah, because you still didn't answer. 5 6 I just wanted to know if you had anything to do -- 3 4 Okay, that's fair enough. of doing. 7 8 acknowledge that you were interrupting in the middle of 9 his answer. 10 11 12 BY MR. MILLER: Q. I want to... By the way, did you actually ever see Mr. Mandoyan driving the sheriff around? 13 A. Yes. 14 Q. Was it -- was he -- was it before the election or 15 after the election? 16 A. After the election. 17 Q. And was he driving him around in a County car? 18 A. Yes. 19 Q. Okay. 20 And was this before he was supposedly purportedly reinstated or was it afterwards? 21 MR. GORDON: 22 Argumentative and compound. 23 THE WITNESS: 24 25 Objection. Both. BY MR. MILLER: Q. Okay. Well, let's break it down. Page 161 Veritext Legal Solutions 866 299-5127 Page 562 CONFIDENTIAL 1 Before the purported reinstatement -- which took 2 place, I guess late December 2018, early January -- how 3 many times, while he was on discharge but after Sheriff 4 Villanueva had been elected, how many times did you see 5 Mandoyan driving the sheriff around in a County car, 6 sheriff's car? 7 A. Just a couple of times. 8 Q. A couple of times? 9 A. Yes. 10 Q. Is that okay? Is that in keeping with the rules, 11 that a discharged deputy is using a County car, County 12 property, to drive an elected official around? 13 14 MR. GORDON: 17 Vague and ambiguous, compound and calls for a legal opinion. 15 16 Objection. THE WITNESS: I don't know. BY MR. MILLER: Q. Do you know if -- well, he was discharged, so I 18 assume Mandoyan wasn't getting paid during that time 19 period before he was purportedly reinstated, so do you 20 know if he was getting money from some other source? 21 MR. GORDON: 22 Lack of foundation, calls for speculation. 23 THE WITNESS: 24 25 Objection. I don't know. BY MR. MILLER: Q. Okay, that's fair. Let's go to the time period Page 162 Veritext Legal Solutions 866 299-5127 Page 563 CONFIDENTIAL 1 after he was purportedly reinstated. 2 3 How many times did you see Mandoyan driving Villanueva around in a County car? 4 A. A couple times, again. 5 Q. Do you know whether the two of them had a 6 relationship outside of the Sheriff's Department? 7 MR. GORDON: 8 Lack of foundation, calls for speculation. 9 10 Objection. BY MR. MILLER: Q. In other words, a social relationship, a personal 11 relationship outside of Mandoyan being the driver for 12 Sheriff Villanueva? 13 MR. GORDON: 14 THE WITNESS: 15 Same objection. He was a friend of the family. BY MR. MILLER: 16 Q. Friend of Alex Villanueva's family? 17 A. Yes. 18 Q. A friend of Alex Villanueva's wife, Vivian? 19 MR. GORDON: 20 Lack of foundation, calls for speculation. 21 THE WITNESS: 22 Objection. Yes. BY MR. MILLER: 23 Q. Did you know, by the way, Vivian Villanueva? 24 A. Yes. 25 Q. How did you know her? Page 163 Veritext Legal Solutions 866 299-5127 Page 564 CONFIDENTIAL 1 A. I believe when the three of us, Alex, Vivian and 2 I worked at East LA station back in '91, '92, she was 3 there as a new -- new person. 4 5 And then I knew her for the next 20 years of --- through the next 20 years of knowing Alex. 6 Q. Did you know Mandoyan before 2018-2019? 7 A. No, sir. 8 Q. Do you know whether Mr. Mandoyan and Larry 9 Del Mese had a longstanding relationship, going way back 10 to when maybe the West Hollywood station or another 11 station? Had you ever heard that? 12 MR. GORDON: 13 THE WITNESS: 14 15 16 Objection. Lack of foundation. No. BY MR. MILLER: Q. Okay. Now let me ask you about some of the testimony that John Gordon elicited. 17 He was asking you questions about your -- you 18 know, your concerns about Sheriff Villanueva not working 19 with different entities in the County. 20 supposed to be an island unto himself and you said that 21 didn't go well. 22 A. Yes. 23 Q. Okay. He was not Do you remember that testimony? You testified that Sheriff Villanueva 24 excluded other County entities and you specifically said 25 County Counsel, he excluded County Counsel from Page 164 Veritext Legal Solutions 866 299-5127 Page 565 CONFIDENTIAL 1 involvement with the Sheriff's Department. 2 Do you remember that? 3 A. Yes. 4 Q. Could you explain what you meant by that? 5 A. At Executive Planning Council meetings, we 6 normally would have County Counsel, OIG, the OIG, because 7 of -- they're working for the Board, and County Counsel 8 because they are -- we are their clients -- in those 9 meetings so that they could provide guidance and keep us 10 from pitfalls in any actions that we might be considering. 11 And he said he no longer wanted County Counsel or 12 OIG to be in any future Executive Planning Council 13 meetings. 14 those meetings. So as far as I know, they're excluded from 15 Q. When was that? 16 A. Um, the week after I left. 17 Q. Did he say why he wanted to exclude County 18 Counsel from those meetings and those functions? 19 A. I don't know. 20 Q. Did he say he didn't like the County Counsel, 21 22 23 24 25 that he didn't want to work with them, anything like that? A. I was gone at that point. I've had no conversation with Alex since then. Q. Okay, all right. By the way, to your knowledge, did County Counsel Page 165 Veritext Legal Solutions 866 299-5127 Page 566 CONFIDENTIAL 1 ever sign off on the reinstatement or the purported 2 reinstatement of Mandoyan? 3 A. No. 4 Q. To your knowledge, did County Counsel ever 5 approve of the purported reinstatement of Mandoyan? 6 A. No. 7 Q. I want to ask you some questions about your time 8 frame -- your time period when you came back. You retired 9 in 2016 with all your various injuries and ailments -- 10 which I hope are better -- and then you came back in late 11 2018. 12 At whose request did you come back? 13 Whose idea was it? 14 A. Sheriff Villanueva. 15 Q. You didn't go to him and pitch him, he called you 16 and asked you to come in? 17 A. He called me. 18 Q. Okay. 19 20 I did not go to him. And why did you make the decision to return at his request? A. Um, I thought we could do good things for the 21 Department. We could get the Department moving forward, 22 get out from a lot of the turmoil I was hearing was 23 allegedly taking place, and I thought that if he was 24 bringing me in, that he would listen and accept the 25 guidance that I was able to give him, and get him to be a Page 166 Veritext Legal Solutions 866 299-5127 Page 567 CONFIDENTIAL 1 successful sheriff. 2 So with those thoughts, after I consulted with my 3 wife and she said it was okay for me to come back, I 4 agreed to come back as the undersheriff and work for him. 5 6 Q. Okay. Now you testified earlier you retired as a commander, correct? 7 A. Yes. 8 Q. What was the highest rank that Alex Villanueva 9 reached before he was elected sheriff? 10 A. Lieutenant. 11 Q. So lieutenant and then captain in the ranking, 12 and then commander? 13 A. Yes, sir. 14 Q. So he never rose to the level that you did within 15 the Department, correct? 16 A. No. 17 Q. So I guess in some sense, he didn't quite have 18 the same level of experience that you had when you 19 retired, when he called you in and asked you to come in, 20 right? 21 MR. GORDON: 22 Leading, vague and ambiguous. 23 MR. MILLER: 24 25 Q. Objection. Well, I just asked the question. Did he have the same level of experience that you had, when he called you and asked you to come in? Page 167 Veritext Legal Solutions 866 299-5127 Page 568 CONFIDENTIAL 1 2 MR. GORDON: 5 6 Lack of foundation, calls for speculation, vague and ambiguous. 3 4 Objection. THE WITNESS: No. BY MR. MILLER: Q. Did you discuss with him what you could add and how you could help him? 7 A. Yes. 8 Q. And I'm talking about when he called you and 9 10 asked you to come in. Did he say to you why he -- what he wanted from you? 11 A. No, he did not. 12 Q. And what did you say to him you could offer? 13 A. I told him I could offer him some guidance, some 14 insight, a lot of institutional knowledge that I had, that 15 I could provide him some direction, that I would be 16 responsible for the day-to-day operations of the 17 Department so that we could function, so that he could be 18 the sheriff, as a newly elected sheriff, but understanding 19 that it would be my role, as the undersheriff/executive 20 officer to be responsible for the day-to-day operation, 21 and he needed to go out and interact with the Board, with 22 the State, other County officials and local officials to 23 get resources for the Sheriff's Department and that I 24 would worry about the day-to-day operation. 25 Q. And what did he say in response to your statement Page 168 Veritext Legal Solutions 866 299-5127 Page 569 CONFIDENTIAL 1 in that regard? 2 A. He said yeah, that's what we need to do. 3 Q. So he was on board? 4 A. Yes. 5 Q. Okay. 6 Were you excited at the prospect of coming in to help him? 7 A. Absolutely. 8 Q. Why? 9 A. The undersheriff position had been the position 10 that I always wanted to achieve when I came on the 11 Sheriff's Department, and I had talked to former 12 Undersheriff Jerry Harper, hey, you've been here. 13 I need to do to be the undersheriff of LA County? 14 What do And so when -- even though I had retired as a 15 commander, now I have the new sheriff coming in, offering 16 me the opportunity to achieve my dream of being the 17 undersheriff, you know. 18 okay, I can do that. 19 Q. 20 Once my wife agreed, I said, Okay. And you rolled up your sleeves and went to work? 21 A. Yes. 22 Q. And let's talk about December. 23 You started in early December, right? 24 A. Yes. 25 Q. I think you said, when Mr. Gordon was asking you Page 169 Veritext Legal Solutions 866 299-5127 Page 570 CONFIDENTIAL 1 questions, December 3rd or 4th, something like that? 2 A. I believe we went to the office December the 4th. 3 Q. Fourth, okay. 4 How did December go, between you and the sheriff and the -- what was it like? 5 You know, how did it go? 6 MR. GORDON: 7 Vague and ambiguous, compound. 8 9 10 What was it like? Objection. BY MR. MILLER: Q. I'll drill down and ask you more detailed questions, but I want to get the big picture first. 11 MR. GORDON: 12 THE WITNESS: Same objections. We were... we were not locked in 13 lockstep, hip in hip, which is what we should have been. 14 You know, whatever he was doing, he should have 15 been aware of what I was doing, he should have been aware 16 of the big ticket items that we were looking at doing. 17 Day-to-day, personnel, fiscal, day-to-day stuff, 18 didn't have any -- there was no need for him to be 19 involved in that. 20 should not be involved in. 21 That's the minutiae that the sheriff The big ticket issues like ICE in the jails, new 22 helicopters, which are multimillion-dollar purchases, 23 custody issues, patrol force issues, working with the 24 community, those were the things that he needed to be 25 concerned with, and he wasn't -- he wasn't arising to that Page 170 Veritext Legal Solutions 866 299-5127 Page 571 CONFIDENTIAL 1 role, he was staying in the weeds and trying to stay 2 involved with day-to-day operational issues, which made it 3 difficult because I would try to do something and I would 4 find out that he had given the order to four or five other 5 people to do something similar and now I'm having to 6 corral people in and say, whoa, wait a minute. 7 doing -- we need to do one thing. 8 people working on the same thing. 9 We're We can't have five And I had to meet with him and the three 10 assistant sheriffs and basically have a heart to heart 11 with him and say, hey, we're in chaos. 12 meeting this way or can't keep working this way because 13 we're dysfunctional and we're not doing ourselves or you 14 any good. 15 BY MR. MILLER: 16 Q. 17 18 We can't keep We held -- Were these -- go ahead, I'm sorry. I don't mean to interrupt you. A. We held that meeting in Monterey Park at the new 19 headquarters -- at the old Sherman Block headquarters, and 20 we held it there because I had been hearing rumors that we 21 were restoring the old Sheriff's Office at Monterey Park, 22 but I didn't know. 23 didn't know anything about it, other than I kept hearing 24 that, yeah, we're doing this, we're doing that. 25 I hadn't been brought into that loop, So I scheduled a meeting through Del Mese and Page 171 Veritext Legal Solutions 866 299-5127 Page 572 CONFIDENTIAL 1 Rachel, the secretary, to have the three assistant 2 sheriffs, myself and Alex meet at Monterey Park, for two 3 reasons; one, we got him away from everybody, and we could 4 see what was actually happening in that building, were we 5 actually rebuilding the sheriff's offices? 6 accomplished that, we found out, yeah, we were rebuilding 7 the sheriff's offices, and we had a meeting with him away 8 from his chief of staff and the lieutenant over there. And we 9 Q. This was late December 2018? 10 A. I think this was like early January. 11 Q. Early January? 12 A. Late January, somewhere in there because at that 13 14 point we were in chaos and very dysfunctional. Q. 15 Dysfunctional chaos. Did things get better as time went on, January 16 February, or did they go the other direction and get 17 worse? 18 19 20 MR. GORDON: Objection. Leading, misstates the witness's testimony, compound, vague and ambiguous. THE WITNESS: I think after that meeting, that 21 might have portended my departure from the Department. I 22 don't think he liked the fact that we were challenging 23 what he was doing. 24 we told him we needed to be more cohesive, we needed to be 25 all functioning on the same path. I had -- during the meeting with him, We had too many people Page 172 Veritext Legal Solutions 866 299-5127 Page 573 CONFIDENTIAL 1 that were getting to him, giving him direction and 2 guidance, and he wasn't listening to his executive team, 3 which was myself, Olmsted, Gutierrez and Murakami, and 4 that he needed to stop listening to what I called the 5 peanut gallery, a couple of chiefs that were on top, that 6 were in his ear and causing us a lot of extra work, and 7 that he needed to listen to the executive team that he had 8 brought in, because he brought us there for a reason 9 because we gave him credibility and if we were going to 10 continue in this fashion, it was going to impact our 11 integrity, my integrity and my credibility, and I probably 12 wasn't going to be around to keep working for him. 13 BY MR. MILLER: 14 Q. Now, by this point in time, this meeting in 15 January, maybe even later January that you're describing 16 and so forth, had you voiced your opposition to the way 17 the Mandoyan purported reinstatement had come down? 18 A. Yes. 19 Q. And was Alex Villanueva aware that you didn't 20 agree with the decision or the way it was done -- 21 A. Yes. 22 Q. -- by the time of this meeting? 23 A. Yes. 24 Q. Okay. 25 By the way, did Larry Del Mese play a role in the Mandoyan matter, to your knowledge? Page 173 Veritext Legal Solutions 866 299-5127 Page 574 CONFIDENTIAL 1 MR. GORDON: Objection. 2 Lack of foundation, vague and ambiguous. 3 THE WITNESS: Larry and I were on the same page. 4 He did not believe Mandoyan should be brought back, that 5 the sheriff was spending way too much energy and political 6 goodwill in bringing him back. 7 opposed to any involvement with Mandoyan so we were both 8 on that same page. 9 BY MR. MILLER: 10 Q. Larry was, as I was, Did Larry say that -- 11 MR. GORDON: 12 Move to strike as nonresponsive. 13 14 15 Objection. BY MR. MILLER: Q. Did Larry say that to you in so many words, what you just related, what you just testified to? 16 A. Yes. 17 Q. Tell us what Larry said to you in that regard. 18 A. Larry said, I've tried to talk to him about 19 Mandoyan, I've tried to tell him this is not good, it's 20 not good for him, it's not good for the Department. 21 tried to tell him, but he's not listening. 22 bringing him back and just -- you just need to let it go 23 because it's not going to be good for anybody, which I had 24 said the same thing, that I'm out of this, I'm out of the 25 Mandoyan game, and Larry said, I'm out of it too. I've He's intent on It's -- Page 174 Veritext Legal Solutions 866 299-5127 Page 575 CONFIDENTIAL 1 2 3 it's the sheriff's ball to play with. Q. What about Eli Vera, did you discuss Mandoyan with Eli Vera? 4 A. Yes, I did. 5 Q. Pleas tell us what those discussions were and 6 7 approximately when they were. A. Mandoyan -- or Eli didn't believe that we should 8 be bringing Mandoyan back either because of the baggage 9 that was -- and uproar that it was causing and, you know, 10 initially he was part of that initial discussion where, if 11 you're going to do it, make your -- get your process in 12 place and make him number six, seven or eight. 13 him your poster child for what you're trying to do. 14 him be at the back of the bus when you're doing this, but 15 don't bring that up now, and Eli was on board with that 16 and the last conversation I had with him was, he goes, I 17 don't understand, but he wants to bring him back and I 18 don't think we should do that. 19 20 Q. Okay. Don't make Let And how many conversations did you have with Eli Vera in that regard? 21 A. One-on-one, maybe one or two. 22 Q. How many conversations in that same regard did 23 you have with Larry Del Mese? 24 A. Oh, a dozen. 25 Q. Okay. Let talk about Tim Murakami. Page 175 Veritext Legal Solutions 866 299-5127 Page 576 CONFIDENTIAL 1 Did you talk to him about Mandoyan? 2 A. No, I didn't. 3 Q. Okay. By the way, if I'm not mistaken, Eli Vera 4 signed the purported settlement agreement between the 5 Sheriff's Department and Mandoyan. Do you remember that? 6 A. Yes. 7 Q. After he told you what you just testified to, 8 that he didn't think it was a good idea, do you have any 9 idea why he would go ahead and sign the settlement 10 agreement? 11 MR. GORDON: 12 Lack of foundation, calls for speculation. 13 MR. MILLER: I'm asking for knowledge. 14 MR. GORDON: You didn't say that, you said "do 15 you have any idea." 16 MR. MILLER: 17 THE WITNESS: 18 MR. GORDON: 19 restate my objection. 20 BY MR. MILLER: 21 22 Objection. Q. Well... I don't know. Hold on. So just to be clear, I Go ahead. Sounds like he -- somebody either maybe told him to do it or he flipped and changed his position. 23 Do you have any idea why? 24 MR. GORDON: 25 Objection. Objection to Counsel's testimony prefacing the question, and vague and ambiguous, Page 176 Veritext Legal Solutions 866 299-5127 Page 577 CONFIDENTIAL 1 lack of foundation, calls for speculation. 2 MR. MILLER: 3 I actually think you had a good objection, for a 4 change, John. I'll withdraw the question. Congratulations. 5 MR. GORDON: That's very sporting of you. 6 MR. MILLER: That's okay. 7 8 9 I believe in giving credit where credit is due. Q. Who else did you talk to Mandoyan about, besides Eli Vera, Larry Del Mese, obviously Alex Villanueva. 10 Anybody else? 11 A. The assistant sheriffs, Gutierrez and Olmsted. 12 Q. Okay, let's talk about them. 13 What's Mr. Gutierrez's first name? 14 A. Ms. Gutierrez, Maria. 15 Q. Ms., Maria. Pardon me. 16 MR. GORDON: Hold on, time out. 17 I need a short break. 18 MR. MILLER: 19 THE VIDEOGRAPHER: 20 The time is now 3:53. 21 MR. MILLER: That's fine. 22 MR. GORDON: I just need to run to the restroom. 23 MR. MILLER: Okay, no problem. 24 (Recess taken 3:53 p.m. - 3:56 p.m.) 25 THE VIDEOGRAPHER: Oh, okay. Off the record. And we're back on the record. Page 177 Veritext Legal Solutions 866 299-5127 Page 578 CONFIDENTIAL 1 2 3 The time is 3:56. BY MR. MILLER: Q. Mr. Leyva, before we broke I was asking you about 4 your conversations with Maria Gutierrez regarding 5 Mandoyan, during the time you were -- you returned, 6 between December 4th, 2018, and March 18th, 2019. 7 would please tell me what those discussions were. If you 8 A. About Mandoyan? 9 Q. Yeah. 10 A. It was -- normally, usually in the Monday morning 11 meeting with myself, Murakami and Olmsted, we met before 12 we'd meet with the sheriff and, you know, pretty much it 13 was a consistent, why are we doing this? 14 sheriff taking this on? 15 sheriff. 16 doesn't deserve it. 17 him to do something else? 18 the office? 19 Why is the You know, he should be being the He shouldn't be doing this for this one guy who Can we -- can we stop it? Can we get You know, can we get him out of Because at that time he was up in the office. It just looks bad all the way around that we're 20 using all this political goodwill on a guy that has too 21 much baggage. 22 had with the three of them while we were -- And that was pretty much the discussion I 23 Q. With Maria Gutierrez -- 24 A. Maria Gutierrez. 25 Q. -- was that the view she espoused? Page 178 Veritext Legal Solutions 866 299-5127 Page 579 CONFIDENTIAL 1 A. And she was in concurrence with that. She goes, 2 I don't understand why we're doing this. 3 upset the "Me Too" movement. 4 Board of Supervisors that he's upset. 5 Counsel. 6 to upset every group that has some connection to the 7 Sheriff's Department at this point. 8 9 10 Q. He's -- he's He's got four women on the He's upset County He's got the COC upset with him. He's managed What about Bob Olmsted, did he -- what view did he espouse, with regard to Mandoyan? A. Bob -- Bob couldn't understand why we were 11 wasting so much time with this. 12 the sheriff was pushing so hard to bring him back to work. 13 It just didn't make any sense to him, you know. 14 got issues, he was fired, Civil Service upheld it, you 15 know, they never do that, but they did. 16 doing this for this guy? 17 Couldn't understand why The guy's And why are we And I said -- 18 Q. Let me ask you this -- 19 A. -- I don't know. 20 Q. -- at these meetings with these high-level chiefs 21 and assistant chiefs -- 22 A. Assistant sheriffs. 23 Q. Assistant sheriffs, pardon me. 24 25 What's higher, assistant sheriff or chief? A. Assistant sheriff. Page 179 Veritext Legal Solutions 866 299-5127 Page 580 CONFIDENTIAL 1 2 Q. Okay. So you would have high-level meetings with Ms. Gutierrez, Olmsted, Del Mese and Vera and others? 3 A. Murakami. 4 Q. Murakami? 5 A. I would just hold it with the three assistant 6 sheriffs. 7 Q. Okay. 8 A. And then we would meet -- after that we would 9 10 11 meet with Alex and Del Mese and Garcia. On occasion Eli Vera would be there and... Q. Of all of these high ranking sheriff's officials, 12 assistant sheriffs, chiefs, did any of them say, hey, 13 let's bring Mandoyan back, it's a good idea? 14 15 16 MR. GORDON: 19 20 Q. 25 Objection. BY MR. MILLER: Q. -- any of the top brass in the Department say, let's bring Mandoyan back, I think it's a good idea? MR. GORDON: Objection. Vague and ambiguous, lack of foundation, calls for speculation. 23 24 Besides Alex Villanueva, did -MR. GORDON: 21 22 Lack -- BY MR. MILLER: 17 18 Objection. THE WITNESS: Not to me, no. BY MR. MILLER: Q. What about in your presence? Page 180 Veritext Legal Solutions 866 299-5127 Page 581 CONFIDENTIAL 1 A. No. 2 Q. The only one, the only person in the entire upper 3 echelon, the top of the Sheriff's Department that wanted 4 Mandoyan back was Alex Villanueva? 5 6 7 MR. GORDON: 10 11 12 Lack -- BY MR. MILLER: Q. 8 9 Objection. Is that correct? MR. GORDON: Objection. Vague and ambiguous, lack of foundation, calls for speculation. BY MR. MILLER: Q. To your knowledge, based on the conversations that you were party to? 13 A. Just Alex. 14 Q. Did he ever say why? 15 MR. GORDON: Objection. Vague and ambiguous, 16 lack of foundation, calls for speculation. 17 BY MR. MILLER: 18 Q. In your presence, to your knowledge? 19 A. He believed that -- he said he got railroaded by 20 McDonnell, they were out to get deputies, he got caught up 21 in that and he didn't do anything wrong. 22 23 He should never have been fired. Q. Did anybody else in the top ranking people, 24 Ms. Gutierrez, Olmsted, Del Mese, Vera, any of those 25 people say that same thing? Page 181 Veritext Legal Solutions 866 299-5127 Page 582 CONFIDENTIAL 1 A. No. 2 Q. As a matter of fact, they all said just the 3 opposite, don't bring him back, right? 4 MR. GORDON: 5 Leading, vague and ambiguous, compound. 6 Objection. BY MR. MILLER: 7 Q. You've got to answer the question, please. 8 A. Yes, they were not in support of that. 9 Q. So Alex Villanueva went against the advice of all 10 of his top advisors, is that a fair statement? 11 12 MR. GORDON: THE WITNESS: 14 MR. GORDON: 16 Vague and ambiguous, lack of foundation, calls for speculation. 13 15 Objection. Yes. Hold on. And leading. BY MR. MILLER: Q. 17 Okay, let's move on. By the way, do you know if Alex Villanueva ever 18 actually read the Civil Service Commission report, the 19 27-page report that was rendered -- 20 21 22 MR. GORDON: Objection. BY MR. MILLER: Q. -- upholding the discharge of Mr. Mandoyan? 23 MR. GORDON: Objection. 24 Lack of foundation, calls for speculation. 25 THE WITNESS: I don't know. Page 182 Veritext Legal Solutions 866 299-5127 Page 583 CONFIDENTIAL 1 2 BY MR. MILLER: Q. Okay. Oh, yeah. I wanted to ask you, you 3 testified earlier, when Mr. Gordon was asking you 4 questions, about the time period in which you can 5 reinstate an employee. 6 A. Yes. 7 Q. Okay. 8 A. Yes. 10 Q. Okay. 11 15 And do you know what that time frame is? MR. GORDON: Objection. Lack of foundation, calls for speculation, calls for a legal opinion. 13 14 And I'm talking about a discharged employee being reinstated. 9 12 Do you remember that? THE WITNESS: Two years. BY MR. MILLER: Q. Okay. I think that's right. 16 Do you know whether -- 17 MR. GORDON: 18 Move to strike Counsel's comment. 19 20 Objection. BY MR. MILLER: Q. Do you know whether the time period that had 21 elapsed between when Mandoyan was discharged and when he 22 was purportedly reinstatement -- reinstated by Alex 23 Villanueva, was more than two years? 24 A. I believe it was two-and-a-half years. 25 Q. So if Alex Villanueva wanted to bring Page 183 Veritext Legal Solutions 866 299-5127 Page 584 CONFIDENTIAL 1 Mr. Mandoyan back and he was outside the two-year rule, 2 was there any other way to do it? 3 A. Yes. 4 Q. Could you please tell us what that would be, or 5 was. 6 MR. GORDON: 7 Calls for a legal conclusion. 8 THE WITNESS: 9 civilian position. Objection. It would be to rehire him in a He could be a custody assistant in 10 LAT, anything, to get him back on the Department as an 11 employee, as a rehire, or as a -- it would not even be a 12 rehire, it would be a new hire. 13 We'd get him back on the Department as an 14 employee, have him go back, get his POST reinstated, going 15 to Orange Coast College or wherever to get his POST 16 reinstated, provided he could get past the discharge and 17 the Civil Service recommendations with POST, and once he 18 got his POST position reinstated, he could be then hired 19 as a deputy sheriff on the Department but it would be a 20 new deputy sheriff; there would be no backpay issues, 21 there would be no reinstatement, there would be no making 22 hold of any prior retirement benefits. 23 deputy sheriff, working for LA County Sheriff's 24 Department. 25 BY MR. MILLER: He would be a new Page 184 Veritext Legal Solutions 866 299-5127 Page 585 CONFIDENTIAL 1 Q. What's POST? 2 A. Peace Officer Standards and Training. 3 Q. And why did you reference POST? 4 A. Because POST mandates are that, you know -- your 5 POST certification remains in place for I believe two 6 years, three years, somewhere in there, unless you've been 7 terminated by your employer, then I believe it's down to 8 two years as you still maintaining that POST certification 9 as a law enforcement officer. 10 After two years you have to get it reinstated and 11 petition POST, go take courses, pass, get certified again, 12 and then you can become a law enforcement officer. 13 14 Q. Okay. And in California, do you have to be certified by POST to be a law enforcement officer? 15 MR. GORDON: Objection. 16 That calls for a legal conclusion. 17 THE WITNESS: Yes. You have to complete the 18 Academy and then pass your initial year of probation and 19 then you receive your POST basic certificate that says 20 you've complied with all the POST requirements and -- to 21 be a deputy or a law enforcement officer in the state. 22 BY MR. MILLER: 23 24 25 Q. process. A. Okay. So I'll call that the POST certification Is that okay with you? Mm-hmm. Page 185 Veritext Legal Solutions 866 299-5127 Page 586 CONFIDENTIAL 1 Q. Do you know whether Mandoyan went through the 2 POST certification process before he was brought back in 3 by Alex Villanueva? 4 A. No. 5 Q. Did he go through the process -- that was a bad 6 question. 7 8 Did he go through the process, yes or no -- the POST process, yes or no? 9 MR. GORDON: 10 11 Objection. Lack of foundation, calls for speculation. BY MR. MILLER: 12 Q. To your knowledge. 13 A. No. 14 Q. How do you know that? 15 16 17 18 19 MR. GORDON: Objection. Vague and ambiguous. BY MR. MILLER: Q. What's the basis for the answer to my question that he did not go through the POST process? MR. GORDON: That wasn't your question. It says 20 to his knowledge, did he go through. 21 I will object as -- on the grounds the question is vague 22 and ambiguous and misstates the witness's testimony and 23 misstates your prior question. 24 25 MR. MILLER: So -- hold on -- so You're just trying to be obstructionist because you don't like the answers. Page 186 Veritext Legal Solutions 866 299-5127 Page 587 CONFIDENTIAL 1 MR. GORDON: No. 2 MR. MILLER: I'll just ask -- 3 MR. GORDON: You said "to your knowledge" and 4 then, what's the basis for saying that he didn't go 5 through it? That's a different question. 6 MR. MILLER: 7 Try to -- try to control yourself. 8 MR. GORDON: 9 10 I'll just ask another question. I'm perfectly controlled. BY MR. MILLER: Q. You testified a minute ago that Mandoyan did not 11 go through the POST process, as you described it, before 12 Alex Villanueva brought him back in. 13 Do you recall that testimony? 14 MR. GORDON: 15 Misstates the witness's testimony. 16 THE WITNESS: 17 18 Objection. Yes. BY MR. MILLER: Q. Okay. Just to clarify, did -- to your knowledge, 19 based on what you know and your experience and everything, 20 did Mandoyan, or did he not, go through the POST 21 certification process before Alex Villanueva brought him 22 back into the Sheriff's Department in late 2018? 23 A. No. 24 Q. And what is the basis for your testimony, your 25 answer "No"? Page 187 Veritext Legal Solutions 866 299-5127 Page 588 CONFIDENTIAL 1 A. Because to do that, he would have had to apply to 2 Orange Coast College or one of the other certifying 3 colleges in the area. 4 And we had brought back a retired employee who 5 had to do that and he had applied at one of the colleges 6 to get his recertification so he could come back on board 7 as a deputy sheriff -- because that was the goal for the 8 sheriff, in bringing Mandoyan back, was to make him a 9 deputy sheriff -- and the retired employee had to come 10 back as a civilian employee first before he gets 11 recertified and made whole to become a deputy sheriff, and 12 we didn't -- or the sheriff did not do that with Mandoyan, 13 he just brought him back and put him in directly as a 14 deputy sheriff, on a deputy sheriff position. 15 Q. Okay. And when you go through the POST process 16 of being rehired as a civilian employee and then 17 eventually, you know, getting your POST certification and 18 transitioning to a deputy, does that involve getting 19 backpay? 20 21 MR. GORDON: 24 25 Vague and ambiguous, misstates the witness's testimony. 22 23 Objection. THE WITNESS: There's no backpay involved. BY MR. MILLER: Q. Okay. You testified that you met with Chief Del Mese and you discussed Mandoyan. Page 188 Veritext Legal Solutions 866 299-5127 Page 589 CONFIDENTIAL 1 2 We've talked about that. that, I asked you about that. He asked you about You said you objected. 3 I don't want to go back over that. 4 You also testified you thought it was a 5 disservice to the Department and its 18,000 employees. 6 Could you explain what you meant by that? 7 A. 8 9 10 Yeah. MR. GORDON: Just to be clear, I move to strike everything prior to the question about the 18,000. BY MR. MILLER: 11 Q. 12 You can just go ahead and answer the question. He's just making objections for the record. 13 A. Okay. I thought it was a disservice to the other 14 18,000 members of the Department because we're using -- or 15 not even using resources, we're being killed in the press 16 behind the sheriff's attempts to bring this one person 17 back, to the detriment and negative impact on the 18 Sheriff's Department because of the scrutiny from the 19 press, the Board, all the negative connotations coming at 20 the Department, when we have 18,000 other people that we 21 could be doing good things for and doing positive things 22 for, instead of wasting -- we're wasting all our time on 23 this one guy who, you know, if he had any character, he 24 would have bowed out and said, hey, there's too much grief 25 here. Let me just get out and move on. Page 189 Veritext Legal Solutions 866 299-5127 Page 590 CONFIDENTIAL 1 Q. Got it, okay. Give me a minute. 2 I'm almost done. 3 You testified about refurbishing Monterey Park, 4 Just give me a second. that they renovated or refurbished Monterey Park. 5 Do you remember that? 6 A. Yes. 7 Q. Monterey Park is what? 8 A. That's the old sheriff's -- Sherman Block 9 sheriff's headquarters building that we used to occupy 10 before John Scott and McDonnell were put in place and Jim 11 was elected. 12 Q. Where was your office? 13 A. Which time frame? 14 Q. '18 - '19. 15 A. In the Hall of Justice, 211 West Temple. 16 Q. Who was located in Monterey Park and who was 17 18 located at the Hall of Justice downtown? A. The Hall of Justice were all the executives, 19 assistant sheriffs, undersheriffs, except for the custody 20 division, Assistant Sheriff Bob Olmsted, he was at the 21 twin towers. 22 divisions within the Sheriff's Department were all located 23 at the Hall of Justice because that put us central to 24 everybody; central to the justice family there, with the 25 DA in the building, above us. The division chiefs for the different Page 190 Veritext Legal Solutions 866 299-5127 Page 591 CONFIDENTIAL 1 2 We had the Public Defender, we had the Office of the Public Defender across the street. 3 So all the executive team, other than I think Bob 4 Olmsted and maybe the chief of Technical Services Division 5 were headquartered at the Hall of Justice. 6 Q. And Olmsted was at the jail? 7 A. Yes. 8 Q. And where is Technical Services? 9 A. That was at -- he was at the Norwalk building. 10 Q. Norwalk. 11 A. Facilities Planning Bureau, some investigative He was about a mile away. So who was at Monterey Park? 12 units, I believe Contra Bureau was there, but just 13 functional bureaus of the Department were there. 14 Q. Got it. But the top management, the top levels, 15 from the sheriff, the undersheriff, the assistant sheriffs 16 and the chiefs were all at the Hall of Justice, downtown? 17 A. For the most part, yes. 18 Q. So my question to you is -- by the way, do you 19 know how much money was spent refurbishing Monterey Park? 20 A. Somewhere around 250, $300,000. 21 Q. Who made that decision to do that? 22 A. I don't know. 23 Q. Do you know if it was Alex Villanueva? 24 MR. GORDON: Objection -- objection. 25 Lack of foundation, calls for speculation. Page 191 Veritext Legal Solutions 866 299-5127 Page 592 CONFIDENTIAL 1 2 3 THE WITNESS: BY MR. MILLER: Q. Do you know why that decision was made? 4 MR. GORDON: 5 THE WITNESS: 6 7 Same objection. No. BY MR. MILLER: Q. 8 9 Yeah, I don't know. Okay, fair enough. Just one last question. When you were describing Mandoyan and his purported reinstatement, you used the word "imposter." 10 Do you remember that? 11 A. Yes. 12 Q. Explain why you used that word. 13 A. Because he was a person who still had deputy 14 sheriff ID, badge, credential, weapon, but he was not an 15 employee of the County of Los Angeles or an employee of 16 the Sheriff's Department. 17 the accoutrements of a deputy sheriff, including uniforms, 18 an assigned vehicle from the Sheriff's Department, but 19 he's not an employee. 20 So here you have a guy with all So there is a Penal Code section that he could be 21 or should be -- or not should be, I can't say that -- but 22 he could be arrested for impersonating a police officer, 23 should he take any kind of police action identifying 24 himself as a deputy sheriff. 25 Q. And were you concerned about that? Page 192 Veritext Legal Solutions 866 299-5127 Page 593 CONFIDENTIAL 1 A. Absolutely. 2 Q. Why? 3 A. Because if he took some kind of action and it was 4 out of the scope of our policy and procedures, first, he's 5 already violating the State law because he's out there 6 doing something, and now we have a guy who's taking action 7 under our umbrella, with no authority. 8 employee. 9 10 Not even an So who's taking on that liability? MR. MILLER: I have no further questions at this time. 11 12 13 14 FURTHER EXAMINATION BY MR. GORDON: Q. Now, am I correct in understanding that you said 15 you contemplated an independent truth and reconciliation 16 panel that would be composed of three people? 17 A. I contemplated that with the sheriff. 18 Q. Okay. 19 A. Not from my independent contemplation. 20 Q. So maybe I misunderstood. 21 22 How many people were you contemplating would sit on a truth and reconciliation panel, as you envisioned it? 23 A. Three people. 24 Q. And who were they? 25 A. That would be the two Constitutional Policing Page 193 Veritext Legal Solutions 866 299-5127 Page 594 CONFIDENTIAL 1 Advisors that we hired or would eventually hire, and a 2 member from County Counsel. 3 4 Q. Did you contemplate that any person from the Office of Inspector General would sit on that panel? 5 A. No. 6 Q. Did you contemplate that anyone from the COC 7 would sit on that panel? 8 A. No. 9 Q. What authority, if any, did you envision the 10 sheriff having over any decision made by the panel 11 concerning a possible reinstatement of a deputy? 12 A. He has final authority on that. 13 Q. So were you contemplating that after the 14 independent truth and reconciliation panel did their work, 15 they would come up with a recommended decision and it 16 would be ultimately up to the sheriff to decide how to 17 act? 18 A. Yes. 19 Q. Did you discuss that contemplated vision with the 20 sheriff, as far as whether he agreed with that? 21 A. Yes. 22 Q. And what -- what, if anything, did he say, as far 23 as his view over whether that contemplated structure for a 24 panel and review by him was acceptable? 25 A. He agreed with that, with that three panel Page 194 Veritext Legal Solutions 866 299-5127 Page 595 CONFIDENTIAL 1 2 3 4 concept. Q. What types of cases would that panel have authority to review and make recommendations on? A. From what he had said, he believed that there 5 were about 400 cases of deputy sheriffs that he believed 6 had been wrongfully disciplined or terminated by 7 McDonnell, and it was his belief that up to 400 cases 8 would be subject to review by this truth and 9 reconciliation panel. 10 11 Q. Some of whom were discharged, some of whom received discipline less than discharge? 12 A. Yes. 13 Q. Did you contemplate that any deputies who had 14 been discharged more than two years ago would still be 15 included in this group of cases that the independent truth 16 and reconciliation panel, as you envisioned it, would 17 consider? 18 A. No. 19 Q. So did you explain to the sheriff that the way 20 you envisioned the panel would allow for review of 21 discharged deputies, only if they had been discharged less 22 than two years prior to the consideration? 23 A. I don't think we -- I got into specific timelines 24 with him as far as who should be looked at because he was 25 looking at 400 cases and I had no idea what his concept or Page 195 Veritext Legal Solutions 866 299-5127 Page 596 CONFIDENTIAL 1 2 time frame for those 400 cases was. I had proposed the more appropriate resolution 3 would be that we could look at those cases, but you don't 4 make the decision as to what cases are looked at. 5 There was an Arbitration Board decision that had 6 caused us to go back to 2012 disciplinary guidelines, I 7 believe; that the Department was ordered to roll back 8 changes made in 2013 and 2017 and we were to go back and 9 use 2012 disciplinary guidelines in our imposition of 10 11 discipline. I had proposed, you have an ARB decision. Let 12 the unions bring the cases that they believed to be 13 egregious and deserved to be reviewed, then you have cover 14 with the Board because you're not doing it, the union's 15 doing it, and you have the Constitutional Policing 16 Advisors in place -- which the Board wants to have in 17 place -- and you have a cover with them, and whatever 18 cases the unions, whether it's ALADS or PPOA bring to you, 19 or not -- but -- not to you, but ask that they be reviewed 20 by this panel, let those cases be reviewed. 21 ones you're thinking about are probably going to be in 22 that, in that group. 23 a better way of doing it to protect you and the Department 24 in what you're trying to do. 25 I don't know. I'm sure the But at least you have And I don't know where the panel is now. I have Page 196 Veritext Legal Solutions 866 299-5127 Page 597 CONFIDENTIAL 1 no idea what the final decision is on that. 2 Q. So did you testify that in your view, Alex 3 Villanueva had excluded County Counsel attorneys from 4 particular types of meetings? 5 A. Yes. 6 Q. What types of meetings were you referring to when 7 you said that Sheriff Villanueva had excluded County 8 Counsel attorneys? 9 A. Executive Planning Council meetings. 10 Q. Are those the only types of meetings that, in 11 your view, Sheriff Villanueva had excluded County Counsel 12 from? 13 A. That I'm aware of, yes. 14 Q. Were you suggesting that the sheriff had excluded 15 County Counsel from any meetings involving Mandoyan? 16 A. No. 17 Q. With regard to exclusion of County Counsel from 18 Executive Planning Council meetings, do you know whether 19 the Board of Supervisors, acting through Mr. Miller's 20 firm, had already sued the sheriff and the Sheriff's 21 Department at the time you believe he started excluding 22 County Counsel attorneys from the meetings? 23 A. I don't know. 24 Q. What was the highest rank at LASD you had reached 25 when you ran for sheriff in 2006? Page 197 Veritext Legal Solutions 866 299-5127 Page 598 CONFIDENTIAL 1 A. Captain. 2 Q. How many years had you served as captain by that 3 point? 4 A. At that point, 2006, seven years. 5 Q. How many years did you serve as commander, in 6 total? 7 A. Four years. 8 Q. How many years did you serve as captain, in 9 total? 10 A. Thirteen. 11 Q. How many years did you serve as lieutenant, in 12 total? 13 A. Five. 14 Q. Which chiefs did you mean to include in your 15 16 17 18 19 20 reference to the, quote, peanut gallery? A. I didn't mean to include any chiefs in the peanut gallery. Q. Who did you -- who did you intend to include when you described what you called the peanut gallery? A. The deputy sheriffs, custody assistant, whoever 21 he was talking to at the deputy and custody assistant 22 level on the Department. 23 Q. Now, you said that one of the assistant sheriffs 24 referenced the Civil Service Commission never upholding a 25 discharge. Did I understand you to be recollecting that's Page 198 Veritext Legal Solutions 866 299-5127 Page 599 CONFIDENTIAL 1 2 3 4 what one of the assistant sheriffs said? A. No. I said that. But I didn't say that they never upheld it, I said they rarely upheld it. Q. And when you say rarely, what -- approximately 5 what percentage were you -- did you have in mind when you 6 used the term "rarely"? 7 A. I couldn't give you an estimate at that time. 8 I still don't have a good number. 9 I'd have to go try to research it for you. 10 Q. Are you aware of Sheriff Villanueva ever 11 acknowledging that he believed Mandoyan had committed at 12 least some misconduct warranting a level of discipline? 13 A. Yes. 14 Q. All right. So I thought I heard you say in your 15 testimony, in response to questions from Mr. Miller, that 16 Sheriff Villanueva said that Mandoyan hadn't done anything 17 wrong. 18 correctly? 19 20 21 A. Did I understand your testimony to say that I don't think he said anything wrong but what he did, did not rise to the level of being discharged. Q. Did you understand that the ultimate truth and 22 reconciliation recommendation regarding findings, 23 acknowledged that he did engage in some misconduct worthy 24 of some discipline? 25 A. Well, from that panel that he created? Page 199 Veritext Legal Solutions 866 299-5127 Page 600 CONFIDENTIAL 1 Q. Yes. 2 A. Yeah, they said that he had done some things, Q. And is it your understanding that the ultimate 3 4 yes. 5 revised findings did confirm that he engaged in some 6 misconduct that warranted a certain amount of discipline? 7 A. Yes. 8 Q. Now, you also said that your position was that 9 Carl Mandoyan was not a deputy sheriff between the time he 10 was rehired or reinstated and near the end of 11 December 2018 or the beginning of January 2019. 12 Did I understand that correctly? 13 A. That he was not a deputy sheriff, yes. 14 Q. That he was not an employee of the Sheriff's 15 Department, also not a deputy sheriff? 16 A. Yes. 17 Q. Were you aware whether the Sheriff's Department 18 had in fact submitted paperwork reinitiating him as a 19 deputy sheriff of the Department? 20 A. No. 21 Q. Did you know whether the Sheriff's Department had 22 done anything to put him on the Sheriff's Department 23 payroll as an official deputy sheriff, after a settlement 24 agreement was reached with him and his counsel? 25 A. I found that out when I heard about the Page 200 Veritext Legal Solutions 866 299-5127 Page 601 CONFIDENTIAL 1 settlement agreement, yes. 2 Q. And once his -- once the Sheriff's Department 3 submitted paperwork to have him paid by the 4 Auditor-Controller -- strike that. 5 Are you aware whether the Sheriff's Department 6 submitted anything to the Auditor-Controller or the human 7 resources division in order to get him paid? 8 A. I believe they submitted the settlement agreement 9 that Eli and Mandoyan had signed, to the 10 Auditor-Controller, to begin paying him. 11 Q. Do you know whether Mandoyan was paid as a deputy 12 sheriff after the settlement agreement was signed on 13 December 28th, 2018? 14 A. 15 16 I don't know if he received any money or not. MR. GORDON: I have no further questions at this time. 17 18 19 20 21 FURTHER EXAMINATION BY MR. MILLER: Q. Just one cleanup thing, to clarify. You testified the sheriff has final authority on 22 reinstatement after a discharge. My question to you, is 23 that within the Sheriff's Department or does that also 24 include the Civil Service Commission or the Superior Court 25 or a higher court? Page 201 Veritext Legal Solutions 866 299-5127 Page 602 CONFIDENTIAL 1 MR. GORDON: 2 THE WITNESS: 3 Department. 4 BY MR. MILLER: 5 6 7 Q. Objection. Vague and ambiguous. That would be within the So you weren't including the Civil Service Commission or the courts? A. No. 8 MR. MILLER: Okay. 9 MR. GORDON: We have no further questions. 10 No further questions. I assume you're still not interested in any type 11 of stipulation regarding signatures, review and 12 signatures, correct? 13 MR. MILLER: 14 reasonable. 15 out with Emily. 16 Sure, I'm willing to do whatever's I'll leave that up to -- you can work that I don't care. MR. GORDON: Well, I presented it at Alicia Ault 17 and you said I'm just -- I don't want to deal with it, so 18 that's why I said what I just said. 19 MR. MILLER: I was tired. 20 MR. GORDON: All right. 21 MR. MILLER: We don't have to do this on the MR. GORDON: We definitely don't need to do it on 22 23 24 25 record. the video record, so we'll terminate. THE VIDEOGRAPHER: Okay. This concludes Disc 4 Page 202 Veritext Legal Solutions 866 299-5127 Page 603 CONFIDENTIAL 1 of the deposition of Mr. Raymond Leyva, and it is 4:27. 2 (Deposition adjourned at 4:27 p.m.) 3 (End of recording.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 203 Veritext Legal Solutions 866 299-5127 Page 604 CONFIDENTIAL 1 ACKNOWLEDGMENT OF DEPONENT 2 I, RAYMOND LEYVA, do hereby acknowledge I have read 3 and examined the foregoing pages of testimony, and the 4 same is a true, correct and complete transcription of the 5 testimony given by me, and any changes or corrections, if 6 any, appear in the attached errata sheet signed by me. 7 8 9 10 11 12 13 ---------------- -------------------- 14 DATE RAYMOND LEYVA 15 16 17 18 19 20 21 22 23 24 25 Page 204 Veritext Legal Solutions 866 299-5127 Page 605 CONFIDENTIAL 1 C E R T I F I C A T E 2 3 STATE OF CALIFORNIA ) ) 4 COUNTY OF NEVADA ) 5 6 7 I, TERRI NESTORE, Certified Shorthand Reporter/ 8 Transcriptionist, do hereby certify that I was authorized 9 to transcribe the foregoing recorded proceeding, and that 10 the transcript is a true and accurate transcription of my 11 shorthand notes, to the best of my ability, taken while 12 listening to the provided recording. 13 14 I further certify that I am not of counsel or 15 attorney for either or any of the parties to said 16 proceedings, nor in any way interested in the events of 17 this cause, and that I am not related to any of the 18 parties thereto. 19 20 Dated this 10th day of June, 2019. 21 22 23 <%7709,Signature%> TERRI NESTORE, CSR 5614, RPR, CRR 24 25 Page 205 Veritext Legal Solutions 866 299-5127 Page 606 CONFIDENTIAL 1 CERTIFICATE OF NOTARY PUBLIC 2 3 I, LUIS VAZQUEZ, the officer before whom the 4 foregoing proceedings were taken, do hereby certify that 5 any witness(es) in the foregoing proceedings, prior to 6 testifying, were duly sworn; that the proceedings were 7 recorded by me and thereafter reduced to typewriting by a 8 qualified transcriptionist; that said digital audio 9 recording of said proceedings are a true and accurate 10 record to the best of my knowledge, skills, and ability; 11 that I am neither counsel for, related to, nor employed by 12 any of the parties to the action in which this was taken; 13 and, further, that I am not a relative or employee of any 14 counsel or attorney employed by the parties hereto, nor 15 financially or otherwise interested in the outcome of this 16 action. 17 18 Dated: June 10, 2019 19 20 21 <%17508,Signature%> LUIS VAZQUEZ 22 Notary Public in and 23 for the State of 24 California 25 Page 206 Veritext Legal Solutions 866 299-5127 Page 607 CONFIDENTIAL [& - 35] & & 3:10 1 1 1:9,25 2:9 5:5,6 5:11 6:13 43:5 103:1,25 104:14 106:11 146:19 148:7 10 1:10 2:10 89:14 142:10 206:18 1000 3:5 102 4:12 10:00 105:12 10:25 2:16 6:2,5 10th 3:11 6:22 205:20 11 142:10 11,000 142:9 113 5:6,7 117 5:7 118 5:8 119 5:8 11:00 105:13 11:17 43:5,8 11:28 43:8,10 120 5:9 148:16 121 5:9 12:08 65:14,15 12:52 146:13 13 46:12 48:19 79:7 134 4:15 5:10 135 5:10 136 5:11 137 5:11 138 4:17 13th 49:8 14 5:11 82:16 1421 92:19 146 4:20 149 4:6 15 83:12 84:8 85:4 85:5,18,21 15th 80:9 129:4 16 26:8 82:16 83:16,19 159:8 17 5:3,9 149:19 17508 206:21 18 5:9 89:25 113:17 114:11 190:14 18,000 44:12 189:5 189:9,14,20 18th 29:19,24 30:1 30:6,10,13,16 42:19 78:11 79:16 80:11 81:1 104:12 104:21 109:14 129:5,6 150:25 155:25 159:18 178:6 19 5:6 190:14 193 4:6 1976 23:20 1980 23:24 1981 24:2,6,12 1982 12:21 1996 14:7 1999 3:5 19stcp00630 1:5 2:5 6:19 1:11 65:15,17 2 2 4:15,17,20 43:10 103:7 146:14 20 5:4,10 48:4 83:19,21 84:8,11 164:4,5 20,000 89:14 2002 14:24 2006 28:10 197:25 198:4 2009 80:11 201 4:7 2012 196:6,9 2013 196:8 2016 25:8,16,19,25 26:3 27:10,13 81:7,9 97:13 166:9 2017 196:8 2018 27:15,20,25 28:4,23 29:6,14 34:18 41:18 44:25 46:12 48:20 78:11 79:7 80:16 89:24 97:22,24 101:8,12 101:16 109:13 132:8 151:10 156:7 159:17 162:2 166:11 172:9 178:6 187:22 200:11 201:13 2018-2019 164:6 2019 1:16 2:16 4:15,18,21 6:2,5 16:5,9 17:16,21 18:11,15 20:2 29:20 30:1,6,16 42:19 78:11 79:17 80:9,11 89:25 101:9,13 104:12 109:14 113:17 114:11 130:8 131:10,18,22 133:6 134:14 136:14 137:24 139:3 146:4 150:25 151:13 155:25 159:18 178:6 200:11 205:20 206:18 206 1:25 21 5:4,4 151:10 156:6 211 190:15 213 3:12 21st 41:16 43:22 22 5:4 22,000 142:14 23 5:5,7,10 23rd 20:2 25 8:7 83:21 132:23 250 191:20 27 182:19 27th 19:11 81:7 28 156:7 28,000 142:12 28th 19:11 151:12 151:13 201:13 29 16:9 17:16,20 18:11 29th 16:5,15 18:6 18:15 2:02 103:7,9 2:08 103:9,11 2:30 119:17,18 2:32 119:18,20 3 3 103:11 145:21 30 8:7 48:4 83:21 84:8,11 116:6 128:15 153:22 300,000 191:20 310 3:6 31st 18:8 103:18 3416697 1:24 35 24:13,14 25:8 26:20 128:15 Page 1 Veritext Legal Solutions 866 299-5127 Page 608 CONFIDENTIAL [3:07 - advocates] 3:07 145:21,23 3:13 145:23,25 3:48 146:20 3:53 177:20,24 3:56 177:24 178:1 3rd 41:4 44:25 89:24 109:12 170:1 4 4 4:12 102:21,24 145:25 202:25 40 13:21 25:20 400 195:5,7,25 196:1 42 103:25 104:3,8 104:14 106:11 443-3000 3:12 48 5:5,6 4:27 203:1,2 4th 34:19 44:25 89:24 109:13 170:1,2 178:6 5 5 4:15 5:5,8 134:14,17 138:8 147:10,10,17,20 552-4400 3:6 5614 1:23 205:23 5th 4:15,18,21 134:14 136:14 137:23 139:3 143:12 146:4,20 6 6 4:17 137:23 138:2 147:10,11 147:21 60 72:12 89:9 65 4:5 7 7 1:16 2:16 4:5,20 6:2 146:3,6 147:9 147:22 7-11s 129:20 70 89:9 7709 205:23 7th 6:4 8 8 5:3,8 80,000 89:9 81 23:25 159:7 85 126:17,23 127:13 865 2:16 3:11 6:21 9 9 5:3,3,7 90 126:17 90017 3:11 6:22 90067 3:6 91 164:2 92 164:2 99,000 57:3 9:00 18:6 30:18,23 9:30 30:24 a a.m. 2:16 6:2,5 18:6 43:8,8 ab 92:19 abide 76:21 ability 12:4 67:19 83:11 205:11 206:10 able 12:6 37:4 40:18 44:3 50:22 124:25 125:1,16 126:7 154:8 166:25 absolutely 96:6 140:10,13 159:13 169:7 193:1 abuse 126:21 127:2 academy 185:18 accept 32:10 72:14 153:15 166:24 acceptable 194:24 accepting 58:3,7 accomplished 33:22 56:10 172:6 accoutrements 60:25 192:17 accurate 205:10 206:9 accused 161:5 achieve 169:10,16 acknowledge 161:8 204:2 acknowledged 54:1 199:23 acknowledging 199:11 acknowledgment 204:1 acquiesced 60:22 acronym 40:4 act 28:6 142:16 194:17 acting 88:20 133:24,24 197:19 action 7:1 107:25 192:23 193:3,6 206:12,16 actions 77:15 165:10 activities 148:10 actors 134:2 actual 100:24 add 168:5 additional 87:1 address 98:1 addressed 21:1 56:13 83:4 86:5,8 134:15 143:14 adjacent 31:6 adjourned 203:2 adjudicated 88:11 98:25 administer 79:2 administered 78:22 79:5 administration 28:16,19 41:3,12 81:13,16,20,24 88:14,19,25 96:15 96:22 97:1,4 146:15,17 administrative 8:10 71:24 73:21 127:19 148:9 158:13 admissible 17:6 135:5 advanced 28:15 advice 23:9,13 40:18 182:9 advising 148:9 advisor 44:23 advisors 44:18 51:11 152:3 153:5 154:3,4 155:6 182:10 194:1 196:16 advisory 151:25 advocacy 94:13 124:24 157:9 158:20 advocate 124:23 124:23 advocates 77:3 Page 2 Veritext Legal Solutions 866 299-5127 Page 609 CONFIDENTIAL [affairs - appear] affairs 83:7 84:21 133:13 affiliated 117:12 affiliations 7:4 affirmed 39:10 afield 82:13 afternoon 100:9 133:22,25 agency 26:12 agent 13:16 agents 117:2 ago 13:21 82:15,17 128:14,15,15 137:4 187:10 195:14 agree 6:12 32:20 49:17 75:20 84:4 86:24 96:5 100:15 101:2 139:14 147:23,25 158:5,5 173:20 agreeable 152:23 agreed 40:20 45:19 55:13,23 88:9 103:21 153:8 155:23 167:4 169:17 194:20,25 agreement 9:9,18 9:19 21:22 42:24 45:16 56:8,24 60:13 88:15,21 89:1 91:13,15 92:2 176:4,10 200:24 201:1,8,12 agreements 57:5 59:5,7,14,18,22 94:15 ahead 21:15 54:9 70:23 86:11 125:11 138:4 171:16 176:9,19 189:11 aid 41:22 42:1,12 57:6,6,24 105:9,24 106:2,2 115:13 aid's 115:14 ailments 166:9 airport 56:2 al 6:16 alads 196:18 alex 1:7 2:7 4:12 4:18 6:16 7:9 61:23 72:16,16 101:7,11,16 102:3 102:22 105:7,13 110:5 111:13 112:14,18 121:3,6 125:3,13 126:6 129:15,25 130:22 131:17 136:23 138:1 139:13,17 139:19,22 143:13 143:23 149:5 152:11,21 155:7 155:23 156:15 159:17,18,25 160:21 163:16,18 164:1,5 165:23 167:8 172:2 173:19 177:9 180:9,16 181:4,13 182:9,17 183:22 183:25 186:3 187:12,21 191:23 197:2 alicia 9:24 20:2 202:16 allegation 15:20 15:21 102:11 allegations 83:9 106:18 alleged 45:15,15 allegedly 47:3 166:23 allow 66:14 133:15 136:10 195:20 allowed 11:6 66:22 77:13 153:9 allowing 94:18 ambiguous 66:19 153:3 162:13 167:22 168:2 170:7 172:19 174:2 176:25 180:21 181:8,15 182:5,11 186:15 186:22 188:20 202:1 amount 89:11 94:23 142:13 200:6 amounts 94:10,25 angeles 1:2,4,7,9 1:17 2:2,4,7,9,15 2:17 3:6,11 4:13 6:1,15,18,22 7:9 7:10 12:13,17 15:17 24:7 28:20 78:25 101:20 102:22 125:24 133:9 140:11 192:15 announcement 158:6 announcing 69:25 answer 5:1 8:2 9:3 9:4,15,25 10:7,14 10:20,24 11:1,6,12 11:21,22,23,25 12:5 17:10 18:3 20:22 21:15,25 22:24 23:7,12 24:22 25:2,3 31:25 32:22 33:25 34:4 38:21,21 39:8,19 48:11 49:3,6 52:10 54:8 58:14 66:14,20 67:6 78:2 82:3 85:22 90:22 91:9 93:8 111:10 113:6 113:14 117:19 118:6 120:22 121:14,22 122:8 125:11 135:9,17 135:23 136:10 160:7,8,16 161:4,9 182:7 186:17 187:25 189:11 answer's 66:5 answered 10:1 21:14 101:24 answering 10:15 52:11,13 54:6 111:4 127:1 answers 66:3,6 186:25 anybody 50:18 63:10 102:3 122:9 150:6 154:19 174:23 177:10 181:23 anyway 22:11 apart 128:25 apex 79:21,24 80:5,8,15 132:5,7 apologies 100:10 apologize 160:17 appeal 87:15,18 appear 16:6,9,15 18:12,14 103:17 103:21 204:6 Page 3 Veritext Legal Solutions 866 299-5127 Page 610 CONFIDENTIAL [appearance - aware] appearance 7:6 appearances 3:1 appeared 28:22 29:17 53:22 appears 135:5,6 applicants 79:3 153:23 applications 153:22 applied 188:5 apply 38:18 70:4 188:1 applying 73:15 appointment 138:12 appropriate 22:10 75:20 107:25 141:17 145:15 160:12 196:2 appropriately 138:14 approval 58:23 59:4,9,16,20,25 81:22 82:6,10,20 83:14 85:10 89:10 89:13 94:19 95:14 95:17,23 137:1 138:23 approvals 87:10 87:21 approve 57:4,9 83:11 94:16 143:24 166:5 approved 150:5 151:15 approximate 19:13 approximately 8:7 12:19 14:6 22:17 23:19,24 26:7,25 29:15 43:20 50:18 51:6 55:18 60:8 67:10 99:13 110:6 142:4 175:6 199:4 approximation 11:16,17 arb 196:11 arbitrarily 63:18 69:1 72:12 73:24 77:6 arbitrary 68:15,23 69:7,19 72:11 arbitration 196:5 area 25:12 93:22 188:3 arena 49:16 98:24 111:9 argento 153:24 argue 101:6 argumentative 161:22 arising 170:25 arm 152:7 arrested 192:22 articles 132:18,20 ascertained 120:14 asked 11:10 21:14 60:16 66:3 92:20 101:23 107:15 116:1 117:4 122:16 126:9 133:10,15 134:5,5 140:16 143:22 145:7 149:4 150:19 166:16 167:19,23,25 168:9 189:1,2 asking 9:1,17,19 10:15 18:5 31:19 31:22 32:11 34:10 87:20 90:2,25 91:25 100:23 108:6 125:9 137:22 148:7 164:17 169:25 176:13 178:3 183:3 aspect 67:3 81:12 109:18 113:4 assert 102:5 asserting 123:16 assigned 57:19 83:1,6 192:18 assignment 83:6 assistant 15:11 51:20 72:24,25 83:24 84:17,25 86:1 92:13 93:25 105:11 108:5 130:5,23 141:13 142:1,3,9 148:13 152:17,17 154:24 157:4,22 171:10 172:1 177:11 179:21,22,23,24 179:25 180:5,12 184:9 190:19,20 191:15 198:20,21 198:23 199:1 associate 9:7 assume 140:6 162:18 202:10 assumed 10:20 42:6 assumes 21:24 39:9 assuming 12:9,12 attached 204:6 attempt 137:7,10 attempting 42:25 attempts 189:16 attend 79:11 130:4 attended 61:18 64:19 97:25 attending 131:5 attention 47:19 attorney 7:7 9:6 9:14 10:25 11:11 17:23 18:2 21:24 22:23 23:6 48:8 48:25 88:7,19,20 113:5,13 118:1,4 120:21 121:21 205:15 206:14 attorneys 16:13 20:17 21:2 23:2 23:10 84:12 130:16 197:3,8,22 audibly 10:7 131:16 audience 115:13 audio 6:10,11 206:8 auditor 56:22 57:12 58:6 60:21 92:3 201:4,6,10 auditor's 57:16 ault 9:24 20:2 202:16 authority 48:14 56:25 57:3,13 58:6 144:20 193:7 194:9,12 195:3 201:21 authorized 205:8 auto 139:14 143:14,21,25 144:2 available 143:23 avenue 3:5 aware 16:5 41:15 64:11 78:12 88:13 Page 4 Veritext Legal Solutions 866 299-5127 Page 611 CONFIDENTIAL [aware - bottom] 88:18,24 91:11 92:1,21 93:12 95:4,11 96:12,22 97:1 107:7 108:7 108:8 170:15,15 173:19 197:13 199:10 200:17 201:5 awhile 61:1 b b 4:10 144:9 baca 28:14 82:1,8 82:12 88:24 bachelor 28:19 back 27:4 28:1,7 28:23 29:6 33:13 33:25 34:1,7,22 35:20,22 36:4,7,11 37:5,9,24 38:7,17 39:4,5,6,18 40:10 40:14,19 41:6,10 41:14,21 42:6,13 42:22 43:9,16,25 44:22 46:25 47:10 48:7,14,23 49:14 50:1,11,16 51:14 52:4,21 54:23 55:20,22 56:1,3 58:15,16 60:11 61:2,5,7,8,11 62:1 63:25 64:5,7 65:6 65:16,23 66:1 80:17 81:5 84:23 91:18,19 92:5,10 93:5 99:22 101:23 103:10 108:19 116:10 119:19 120:8 130:22 137:6 139:16 145:24 146:13 148:15 150:4,20 151:25 154:9 159:8 160:22 164:2,9 166:8,10 166:12 167:3,4 174:4,6,22 175:8 175:14,17 177:25 179:12 180:13,20 181:4 182:3 184:1 184:10,13,14 186:2 187:12,22 188:4,6,8,10,13 189:3,17 196:6,7,8 background 38:3 138:5 backgrounds 133:19 backpay 43:2 56:9 60:14 91:15 92:1 92:7 94:13 160:24 184:20 188:19,22 bad 178:19 186:5 badge 57:18 58:10 60:23 192:14 baggage 175:8 178:21 ball 175:1 band 72:11 barondess 3:4 barring 56:25 base 31:18 47:21 52:16 53:24 54:2 based 49:24 102:7 102:17 106:11 135:24 157:24 159:25 181:11 187:19 basic 37:13 185:19 basically 58:5 112:4 171:10 basing 69:8 basis 22:1 118:6 186:17 187:4,24 bathroom 65:5 battle 99:12 bears 32:8 began 44:24 beginning 101:2 200:11 behalf 2:15 7:9 58:4 137:2 behavior 128:2 belief 31:14 39:15 69:21 98:25 195:7 believe 11:20,22 11:23 12:21 14:24 15:22 17:17 18:6 19:11 21:1 29:19 31:1,19,23 34:19 35:22 36:2,22 39:1 40:20 41:2 41:13 46:1 47:1 47:11 48:3 49:10 59:1 62:10 64:4 65:2 86:19 91:10 91:11,17 92:11 107:14 109:24 115:7 120:25 121:5 142:10,23 144:10 147:19,19 149:18 150:15 164:1 170:2 174:4 175:7 177:6 183:24 185:5,7 191:12 196:7 197:21 201:8 believed 32:13 33:4 124:16 181:19 195:4,5 196:12 199:11 believes 157:24 believing 35:10 benefits 184:22 best 10:19 11:6 15:23 31:12 111:25 205:11 206:10 better 13:15 63:24 166:10 172:15 196:23 big 48:1 170:10,16 170:21 bizarre 129:22 blank 94:17 blanket 105:17 blatantly 91:1 block 171:19 190:8 blue 139:23,25 140:2,4 board 49:2 57:4,8 58:22 59:4,9,15,25 89:10,12 108:13 108:24 109:8 116:19,22 117:1,1 117:17 130:4,8 131:4,6,9,18,22 145:14 152:3 153:12,14 165:7 168:21 169:3 175:15 179:4 188:6 189:19 196:5,14,16 197:19 board's 57:3,11 bob 105:25 106:1 179:8,10,10 190:20 191:3 body 87:16 bottom 146:19 148:7 Page 5 Veritext Legal Solutions 866 299-5127 Page 612 CONFIDENTIAL [bowed - case] bowed 189:24 box 71:17 boxes 72:4,20 brass 180:19 break 10:23,25 11:6,12 43:3,7 47:4,15 50:22 59:11 65:3,9 113:7 119:9,12 127:24 145:16 161:25 177:17 breakups 72:1 brief 111:8 149:14 briefly 110:21 bring 21:18 30:20 36:4 37:4,8,25 46:25 48:7,14,23 49:13 50:1 52:4 52:21 56:3 62:1 64:8 65:23 87:5 108:19 150:4 151:24 154:8 160:22 175:15,17 179:12 180:13,20 182:3 183:25 189:16 196:12,18 bringing 36:11 38:6 41:6,10 47:10 55:20,22 91:19 92:5 148:15 150:18 166:24 174:6,22 175:8 188:8 broke 66:13,15 67:2 178:3 brought 38:17 39:4,17 41:20 42:6,13,22 43:16 43:25 50:11,16 51:14 54:23 56:1 60:4,11 61:2,5,7 66:1 78:13 84:15 87:1 88:16,21 89:1 91:18 92:10 93:5 137:6 171:22 173:8,8 174:4 186:2 187:12,21 188:4,13 brouwer 121:15 121:18 124:21 151:25 152:19 154:9 155:2,19 budget 76:21 budgeted 142:21 budgeting 77:4 building 104:24 172:4 190:9,25 191:9 bulletin 68:21 70:3,4,18 76:3,4 153:22 bulletins 69:24 70:12 burbank 23:18,22 24:1,3,5,8 bureau 73:21 83:7 133:9,12,20 146:16 191:11,12 bureau's 111:18 bureaus 191:13 burglaries 126:20 burson 122:13,14 123:1,4,14 124:7 124:13 125:23 126:3,8 bus 175:14 business 9:13 28:16,19 buy 37:16,19,20 75:2 c c 205:1,1 cal 28:20 calculated 17:5 135:4 california 1:1,17 2:1,17 3:6,11 6:1 6:17,22 185:13 205:3 206:24 call 57:24 58:8 91:25 94:20 111:2 132:16 156:6 158:24 159:2 185:23 called 55:5 94:13 103:17 106:10 109:24 110:19 122:16 123:13 139:23 141:5 149:22 166:15,17 167:19,25 168:8 173:4 198:19 calling 59:14,18 59:22 calls 11:11 21:23 31:24 38:20 39:7 78:1 111:15 162:14,22 163:8 163:20 168:2 176:12 177:1 180:22 181:9,16 182:12,24 183:12 183:12 184:7 185:16 186:10 191:25 calm 90:14 campaign 98:2 149:8,8,19 candidates 30:21 72:12 155:15 capacities 73:9 capacity 69:7 71:21 73:19 80:8 captain 24:16 68:17,20 69:22 72:2 73:6 74:3,16 82:25 83:10 85:7 133:11,25 167:11 198:1,2,8 car 58:7,9 60:24 106:1,2 161:17 162:5,6,11 163:3 care 57:24 105:22 124:3,5,7 202:15 caren 1:8 2:8 carl 1:8 2:8 97:21 97:23 98:1,8,11,15 98:22 106:16 107:13 108:8,12 110:23 112:23 125:25 131:4 200:9 carl's 61:22 carpal 27:4 carried 82:1 case 1:5 2:5 15:2 37:14,24 38:5,6 47:6,7,12 54:23 83:18,22,23 84:1,1 84:9,19,23 85:25 85:25 87:2,23 88:2,3 92:11,21,23 92:25 94:12 98:24 98:25 99:5 124:14 124:21 125:4 127:3,4,14 128:4,6 134:21,25 135:3 135:11 136:1,5,11 154:21 156:11 157:12,15,16,21 157:23 158:1,3,18 Page 6 Veritext Legal Solutions 866 299-5127 Page 613 CONFIDENTIAL [case - claimed] 158:25 159:4,10 159:11,19 cases 8:8,11,13,16 75:14 83:25 85:18 85:23 88:1 89:18 92:18 93:19 94:7 94:21 95:15,18 126:16,18,19,24 126:24 127:5,17 127:19,24,25 128:1,14,17 152:7 153:11 157:13,14 157:16 195:2,5,7 195:15,25 196:1,3 196:4,12,18,20 castro 64:4 categories 104:3,8 caught 129:23 181:20 cause 117:12 138:7 143:12 205:17 caused 58:25 102:15 121:17,21 196:6 causes 76:3 causing 173:6 175:9 cautioned 153:18 caveat 11:24 celeste 111:16 112:12 132:12 cell 6:8 cellular 6:8 central 1:2 2:2 6:18 133:18 190:23,24 cents 132:23 ceo 144:23 146:16 ceo's 77:4 certain 200:6 certainly 22:6 certificate 185:19 206:1 certification 185:5 185:8,23 186:2 187:21 188:17 certified 185:11 185:14 205:7 certify 78:20 205:8,14 206:4 certifying 188:2 chain 4:20 83:2 146:3 chair 115:1,3,24 159:10 chaired 83:23 challenge 14:8 challenged 15:14 challenging 88:16 88:22 89:2 94:5 172:22 chance 51:22 change 12:5 15:6,8 33:16,18 64:25 69:1 74:7 75:10 76:3 84:16 87:2,4 87:5 148:23 161:3 177:4 changed 84:19 176:22 changes 12:7 74:20 75:1,19 77:5 85:8,11,12 94:8 196:8 204:5 changing 37:16 75:12,24 chaos 171:11 172:13,14 character 116:9 189:23 characterize 90:25 156:9 charge 15:3,9,12 139:21 charged 157:18 charges 92:8,9,16 92:20 cheated 129:19 check 71:17 149:19 checkbook 94:17 checked 72:4,19 chevalier 46:14 47:5 48:22 79:10 chief 15:11 35:6 42:25 43:18,24 44:6,9 45:3,8,19 45:23 46:12,13,13 47:12 48:21,21,21 50:20 52:18,25 53:2,3,19 54:21 55:7,9,10,13,19 56:8,14 57:6,23,25 60:9,17 73:1 79:9 79:9 83:2,13,17,20 84:2,3,10,20,20 85:9,10,11 86:2,6 86:20 87:6 91:20 92:10 107:14 122:13,14 137:8 137:11,15 138:18 139:8 140:11,25 141:2,5,18 142:5 142:22 144:23 145:5 151:6 152:18,21 155:13 157:17,23 172:8 179:24 188:25 191:4 chief's 55:4 84:16 85:10 86:11 87:6 158:19 chiefs 51:20 72:25 173:5 179:20,21 180:12 190:21 191:16 198:14,16 child 126:21 127:2 175:13 chill 90:17 chimed 86:9 choice 63:8 chose 70:20 chris 46:14 48:6 48:10,22 79:8 circumstance 13:9 115:2 circumstances 30:4,11,15 36:17 cite 88:3 cities 61:17 city 23:18,22 61:19,19,25,25 civil 8:13 39:2,10 39:16,22 44:15 70:11 72:22 78:21 78:23 79:4 87:15 87:15,18,24 88:8 88:11 99:1,2,3,7 99:14 127:5,5,17 127:21,24 128:1,4 179:14 182:18 184:17 198:24 201:24 202:5 civilian 28:1,2 37:19 64:6 114:22 115:8 137:21 138:19 141:17,20 142:22 184:9 188:10,16 claim 15:1 claimed 47:20 52:7 Page 7 Veritext Legal Solutions 866 299-5127 Page 614 CONFIDENTIAL [claiming - concerned] claiming 51:24,24 claims 89:10 clarification 10:18 53:1 clarify 68:12 90:24 148:21 187:18 201:20 class 68:21 76:2 classification 68:24 70:6 74:18 75:12 76:10 classifications 33:18 74:13 75:9 cleanup 201:20 clear 53:13 95:2 113:7,8 114:1 118:21 120:5,5 147:20 176:18 189:8 clearer 127:9 client 9:14 11:11 17:23,25 21:24 22:23 23:6 48:8 48:25 113:5,13 118:1,4 119:10,23 120:21 121:21 160:20 clients 165:8 close 125:6 closed 105:14 130:13,16 closer 142:8,14 coast 184:15 188:2 coc 37:16 40:6 55:2 63:11,14,21 115:4,7 150:6,9,14 150:15 179:5 194:6 code 192:20 coffee 105:17 cohesive 172:24 cold 149:15 collaboratively 63:17 colleague 7:13 colleagues 20:18 21:10 129:1 collecting 26:24 college 184:15 188:2 colleges 188:3,5 combination 69:6 78:19 combined 73:4,7 come 21:6,11 28:7 36:1 38:14 44:9 65:5 75:18 94:25 166:12,16 167:3,4 167:19,25 168:9 173:17 188:6,9 194:15 comfort 43:3 145:16 coming 28:1 81:5 110:7 141:11 153:16 169:5,15 189:19 command 83:2 138:15 commander 24:17 25:11,13,13 57:7 74:16 167:6,12 169:15 198:5 commensurate 141:16 comment 12:6 51:23 61:20 131:4 131:8,17,21 132:20 183:18 commentary 52:5 52:9,14,17,23 53:6 53:7,9,12,18,19 54:12 comments 47:13 51:8 131:25 132:1 132:4 commission 37:19 39:3,10,16,22 40:5 62:17 63:1,7 64:6 64:9,23 67:14,20 67:25 88:11 99:8 99:8,15 107:12 114:23 115:8,24 127:21 128:2 153:10 154:10 182:18 198:24 201:24 202:6 committed 199:11 committee 159:10 common 88:5 communicate 18:17,23 19:7,12 43:13 109:14 112:17 113:2,20 114:1,2,8,15,21 116:18,22 143:7 144:21 communicated 19:4 45:22 62:14 communicating 123:8,24 communication 20:6 34:23 35:1 41:5 42:17 45:3 45:13 48:9 67:18 109:21 110:17 116:5 118:14 123:17 132:11 134:11 communications 18:1 43:14 46:4 49:1,11,24 50:15 67:12 74:6 75:4 117:5 120:15 121:21 124:2 145:4 community 170:24 compensation 142:5 compete 73:22 complained 62:24 complete 66:14 185:17 204:4 completed 83:8 92:12 94:1 154:7 completely 11:24 136:8 153:18 compliance 145:8 145:11 complied 70:9 138:21 148:14 185:20 comply 138:17 147:14 complying 154:11 composed 193:16 composition 155:20 compound 59:10 152:25 161:22 162:14 170:7 172:19 182:5 comprehensive 75:6 comprised 44:18 151:23 concept 195:1,25 concern 47:18 53:21 60:12 68:8 69:11 75:8 76:13 concerned 46:5 170:25 192:25 Page 8 Veritext Legal Solutions 866 299-5127 Page 615 CONFIDENTIAL [concerning - counsel] concerning 23:2 36:11,12 40:18 42:18 43:24 45:4 45:24 46:24 49:13 50:15 51:7 55:11 55:19 60:9 62:8 63:4 67:12,13,18 67:24 68:5 71:11 74:6 75:4 76:9 81:23 82:7 96:13 107:5 108:8 111:7 111:13 112:14 114:25 117:13 118:9,16 125:25 131:4 148:1 194:11 concerns 56:13 57:1 63:16,23 64:5,7,21 66:4,7 68:13 77:19 86:5 86:8 150:13,17,19 164:18 concludes 202:25 conclusion 38:20 39:7 184:7 185:16 concur 84:4 86:4,7 86:11 158:17,18 concurred 84:2,17 87:3 concurrence 37:21 56:15 57:11,12 63:23 75:14,21,22 83:13 84:12 85:9 89:5 179:1 concurring 154:25 conditions 74:23 conduct 68:6 130:1 conducted 83:5 confer 74:22,25 conference 61:18 62:3 confidential 1:14 4:16,19,22 93:6 96:1,4 135:6,16 146:25 147:2,9,17 147:21,22,22 148:3 confidentiality 96:4,9 confirm 49:22 50:7 68:2 200:5 confirmation 10:4 conflict 142:23 143:4,6,8,10 145:10 confronts 47:24 congratulate 109:24 congratulated 105:6,8 congratulations 177:4 conjunction 133:15 connection 22:21 129:1,3 132:5 136:1 179:6 connotations 189:19 consider 71:25 72:8 73:10 129:10 129:15,16 130:2 195:17 consideration 71:15 73:11 195:22 considered 29:11 68:19 70:10,19 91:18 94:11 154:19 considering 72:23 165:10 consistent 178:13 consolidate 133:21 constantly 33:7 constituted 149:23 constitutional 44:18,23 51:11 151:25 152:2 153:5 154:2,3 155:6 193:25 196:15 consult 10:25 consulted 41:7 167:2 contain 135:6 contemplate 194:3 194:6 195:13 contemplated 151:15 193:15,17 194:19,23 contemplating 193:21 194:13 contemplation 193:19 contend 90:7 contest 13:6 continue 6:11 78:16 173:10 contra 191:12 contract 61:17,19 61:25,25 88:19 contractually 59:5 contradict 53:23 contrary 107:24 control 104:13 187:7 controlled 187:8 controller 56:22 57:12 58:6 60:21 92:3 201:4,6,10 conversation 71:10 110:10 111:8 112:1 165:23 175:16 conversations 6:7 44:5 45:6,23 48:24 55:18 56:20 62:7 175:19,22 178:4 181:11 convey 112:22 convicted 12:10 cooperated 13:11 cooperative 122:5 copy 92:5 103:14 137:25 139:2 corral 171:6 correct 12:5,9,11 12:12 49:6 97:11 104:9,10 123:18 151:1,16,18 167:6 167:15 181:7 193:14 202:12 204:4 corrections 204:5 correctly 28:24 62:18 151:12 199:18 200:12 correspondence 139:22 council 165:5,12 197:9,18 counsel 3:1 5:1 6:14 7:3 9:1,2 11:7 12:6 48:9,10 48:25 57:2,11 58:22 59:9,20 60:1 64:11,19 76:22 77:3,12,16 79:11 86:4,4 88:10,14,20 89:12 109:6 113:3,18,21 Page 9 Veritext Legal Solutions 866 299-5127 Page 616 CONFIDENTIAL [counsel - decision] 113:23 117:8,21 118:9,16,20,25 119:3,7,13 120:15 120:18 121:1,7 122:1,21 123:2,6,9 123:17,24 124:3 124:15,20,21 125:23 151:23,24 152:5,18 155:3,4 158:7,7 160:18 164:25,25 165:6,7 165:11,18,20,25 166:4 179:5 194:2 197:3,8,11,15,17 197:22 200:24 205:14 206:11,14 counsel's 56:24 88:25 89:4 113:10 114:3 121:9,18 155:19 176:24 183:18 county 1:2,4,7,9 2:2,4,7,9,15 4:13 6:15,17 7:9,10,12 12:17 24:7 26:12 27:18 28:11 33:21 38:11 48:9,10,25 49:2 56:23 57:2 57:11 58:4,7,22 59:1,9,20,25 61:19 64:11,18 75:17,23 75:25 76:14,22,24 77:1,2,12,12,16,16 79:11 81:8 86:3,4 88:10,14,20,25 89:4,12 101:20 102:22 109:6 113:3,10,18,20,23 114:2 117:8,21 118:9,16,20,25 119:3,6 120:15,18 121:1,7,9,18 122:1 123:2,6,9,17,24 124:3,15,20,20 125:23 136:9 140:12 144:23 148:15 151:23,24 152:5,18 155:3,4 155:19 158:7,7,14 161:17 162:5,11 162:11 163:3 164:19,24,25,25 165:6,7,11,17,20 165:25 166:4 168:22 169:13 179:4 184:23 192:15 194:2 197:3,7,11,15,17 197:22 205:4 countywide 76:20 couple 24:13 37:12 65:5 105:17 109:16 115:16 139:17 162:7,8 163:4 173:5 course 147:20 courses 185:11 court 1:1 2:1 6:17 6:24 7:15 10:9,11 12:4 56:2 107:4,8 128:5 201:24,25 courts 202:6 cover 196:13,17 covered 23:3 cpas 152:5 153:9 153:25 155:19 create 44:17 63:13 137:7,10,14 138:14 141:15,22 142:2,6,17 153:9 153:20 created 123:7 138:18,21 139:8 139:11 150:3,5 151:2 157:6 199:25 creating 68:15,22 69:18 140:25 141:16 144:14 150:10,22 creation 141:2,5 144:23 credential 192:14 credentials 38:15 credibility 99:4,10 173:9,11 credit 177:7,7 criminal 8:8 126:16,24 127:3,4 127:14 criminals 157:8 crr 1:23 205:23 csr 1:23 205:23 cups 105:17 current 21:4 curry 153:14 custody 25:14 69:7 72:5 73:5,8 73:20 104:13 170:23 184:9 190:19 198:20,21 d d 4:1 da 190:25 da's 141:19 dana 144:5,7 date 6:4 17:19 19:13,13 80:24 81:6 87:8 204:14 dated 134:14 137:23 139:3 205:20 206:18 david 91:16 day 28:21 29:16 29:22 83:19,25 85:18 109:13 148:16 168:16,16 168:20,20,24,24 170:17,17,17,17 171:2,2 205:20 days 14:16 83:12 83:16,21,21 84:8 84:11 85:4,5 86:20 94:9,10,22 94:23 deal 153:14 202:17 dealing 93:1 157:5 dealings 101:12 december 23:20 27:15,20,25 28:3 28:23 29:6,14 34:18,19 41:4,16 43:21 44:25 46:12 48:19 49:8 78:11 79:7 89:24 101:16 109:12 132:8 134:3 141:11 151:10,12,13 156:6,7 159:9 162:2 169:22,23 170:1,2,3 172:9 178:6 200:11 201:13 decide 18:9,14 194:16 decided 152:8 deciding 154:23 decision 18:12 25:25 39:23 42:21 84:16 86:11 87:2 98:11,21 102:6,16 150:3 153:23 Page 10 Veritext Legal Solutions 866 299-5127 Page 617 CONFIDENTIAL [decision - deputy's] 138:16 141:18 171:25 173:24 154:18 156:22 142:20 143:9 175:23 177:9 157:17 159:24 144:15 148:10 180:2,9 181:24 160:3,22 166:18 150:4,6 159:5 188:25 173:20 191:21 160:23 163:6 demanded 8:1 192:3 194:10,15 165:1 166:21,21 104:3 196:4,5,11 197:1 167:15 168:17,23 denied 85:9 decisions 85:17 169:11 172:21 department 1:8,9 99:14 154:25 174:20 176:5 2:8,9,15 4:13 7:10 declaration 26:11 179:7 180:19 8:14 12:14,17 declare 26:9 181:3 184:10,13 13:2,4,10,13,16,25 declared 26:6 184:19,24 187:22 15:17 24:2,3,6,9 deem 95:25 189:5,14,18,20 24:18 25:7,16,19 deemed 9:25 190:22 191:13 25:22 26:4,7,9,12 83:20 147:20 192:16,18 196:7 26:18 27:13,17,20 148:2 196:23 197:21 27:25 29:8,23 defendant 6:15 198:22 200:15,17 30:2,5,19 36:20,21 defendant's 4:12 200:19,21,22 37:17 38:17 42:7 102:21 201:2,5,23 202:3 42:19 43:2 44:12 defendants 1:11 department's 44:13,24 58:4 2:11 3:9 107:3 59:3,19,23 60:4 defender 191:1,2 departure 30:5 70:8,12 71:8 defender's 141:19 172:21 72:22 74:11,19 defending 8:14 depending 83:8 75:13,16,17 76:6 defense 106:17 depo 17:14 76:19,23,25 77:3 definitely 100:18 77:15,18 78:19,25 deponent 204:1 119:23 120:14 deposed 8:4,16 79:2,4,16 80:17 202:23 deposition 1:15 81:6,9 82:8,11 degree 28:18 2:14 4:14 6:10,13 86:13,18 87:9 74:16,16 6:20 8:1,19 9:24 88:9 89:11,18 degrees 28:15 10:12 12:3,5,7 96:15 97:6 99:5 del 30:25 31:1,6 16:7,14,24 17:17 102:23 104:6,11 35:2 43:18,24 17:21 18:7,12,15 106:4 109:12 44:6,9 45:3,24 18:18,24 19:5,8,14 110:1,8 113:17 46:12 48:21 50:20 19:24 20:3,6,13,16 114:11,18 115:11 54:21 55:9,10,19 21:2,7,12,13,19 117:15 118:22 57:25 60:9 73:1 22:5,15,22 23:4,11 119:5 121:25 79:9 105:5 107:14 43:6,11 91:5,7 123:11 124:24 107:20 133:16 98:13,17,21 125:3,5,25 129:4 134:6,7,8 139:8,23 102:23 103:2,8,12 129:12 132:8 152:18 155:13 103:14 104:4,8 133:9 136:9 137:6 157:4 164:9 113:2 129:2 145:22 146:1 203:1,2 depositions 127:5 deputies 51:25 60:4 78:8,12 81:20 82:7 92:18 93:7,10,13,16,18 94:5 95:6 96:1 99:15 115:16 133:14 154:18 181:20 195:13,21 deputy 12:23 24:7 24:16 36:4 39:15 41:6 42:8 50:16 52:1 57:20,21 60:24 78:17 79:1 79:3 81:23 82:22 83:1 86:18 87:22 88:16,21 89:2,18 89:25 91:11,14,16 91:16 92:6 93:21 95:22 96:14,19,23 97:2,5,9 98:12 106:21 124:20 137:8,11,15 138:19 140:25 141:2,6,18 142:5 142:22 144:23 151:24 155:4 159:6 162:11 184:19,20,23 185:21 188:7,9,11 188:14,14,18 192:13,17,24 194:11 195:5 198:20,21 200:9 200:13,15,19,23 201:11 deputy's 99:20 Page 11 Veritext Legal Solutions 866 299-5127 Page 618 CONFIDENTIAL [describe - document] describe 15:19 described 40:11 61:6 104:13 155:9 187:11 198:19 describing 173:15 192:8 description 4:11 deserve 178:16 deserved 196:13 designate 93:6 135:15 147:1,8,12 147:16,17 designated 4:16 4:19,22 147:21,21 147:22 148:2 152:8 designating 146:24 designed 78:24 desire 108:14,19 desk 31:7 detailed 70:7 170:9 details 38:5 detective 73:21 determination 70:16 83:17 determine 30:22 127:10 determined 15:10 27:7 39:2 detriment 189:17 dhr 77:18 dialogue 53:14 dictate 70:1 dictated 72:22 difference 100:16 100:18 different 32:16 33:21 36:3 44:4,4 57:7 61:10 71:14 76:14,24 77:8,12 79:4 130:16 164:19 187:5 190:21 difficult 78:6 171:3 digital 1:21 2:18 206:8 directed 133:3 direction 88:20 168:15 172:16 173:1 directly 116:18,22 188:13 director 133:8,11 133:24 disability 25:22,24 26:10,11,13,16,19 26:25 27:3,6,11,12 80:18 81:2 138:17 142:25 143:5 145:9 disabled 26:2,6,9 disapproval 131:17,23 132:3 disc 43:5,10 103:7 103:11 145:21,25 202:25 discharge 38:19 39:2,4,11,17 83:16 83:22,25 84:8,9 85:17,23,25 86:18 92:12 95:19 97:9 97:12,15 98:4,16 98:21 99:3,14 107:5,13 108:4 157:13,16,21,25 158:19 159:6 162:3 182:22 184:16 195:11 198:25 201:22 discharged 86:15 87:8,14 90:1 91:12,17 92:17 93:12,22 96:14,19 96:24 97:2,5 98:8 99:7 112:2 157:19 162:11,17 183:7 183:21 195:10,14 195:21,21 199:20 discharges 95:3 disciplinary 60:6 81:12,16,19 86:22 128:1 196:6,9 discipline 8:10 12:13,24 13:1,6 14:8,10,25 52:2 54:13 55:12 64:25 81:23 82:7,22,23 83:10,15 84:3,5 85:1,1,4,13 87:4 87:11,22 88:16,22 89:2 94:5,8 96:10 102:6,16 124:21 195:11 196:10 199:12,24 200:6 disciplined 12:16 13:25 14:23 15:17 89:19,21 93:11 195:6 disclose 118:13 disclosed 23:1 92:19 discounted 71:24 discovery 17:6 135:4 discretionary 83:11 discs 27:4 discuss 11:5 30:18 107:11,20 109:18 111:5 140:14 141:8 155:7 168:5 175:2 194:19 discussed 18:20 20:15,21,25 21:4 21:10 46:24 79:13 107:14 188:25 discussion 36:2,12 37:13 41:5 44:21 48:5,13,19 56:6,7 93:3 108:2 111:1 136:23 153:19 175:10 178:21 discussions 41:9 43:18,20,23 46:8 49:20 50:10 55:21 60:8 141:5 152:10 152:13,20 153:2 154:17 155:23 175:5 178:7 dispute 87:11,22 disservice 44:12 189:5,13 distinguish 44:4 district 1:2 2:2 6:18 division 15:11 25:14 57:6 83:2 83:17,20 84:2 157:8 158:19 190:20,21 191:4 201:7 divisions 57:7 190:22 docket 6:19 document 102:21 103:3 117:13 118:2,15,25 119:2 119:6 120:18 121:1,7,10,17 122:1,17,18 123:2 123:6,7,11,17,23 Page 12 Veritext Legal Solutions 866 299-5127 Page 619 CONFIDENTIAL [document - energy] 124:6,9,13 125:22 125:25 134:14 146:8 150:12 156:7 documents 7:25 19:23 20:12 103:24 104:3,7,13 104:16,17,17 118:8,16,20 140:4 147:24 doing 11:18 44:12 53:23 75:15 78:3 90:19 100:14 110:1 118:22 121:2,5 136:21 137:16 139:9 140:17 152:22,22 155:16 161:5,6 170:14,15,16 171:7,13,24,24 172:23 175:14 178:13,15 179:2 179:16 189:21,21 193:6 196:14,15 196:23 dollar 89:3,6 94:10,14,19,25 142:13 170:22 dollars 57:4,10 58:21 59:8,15,20 59:24 89:8 domestic 38:2 55:25 91:17 92:25 dominic 42:4 115:15 door 47:4,22,23,24 52:16,19 53:24,25 105:14 downtown 190:17 191:16 dozen 50:20 51:1 55:18 60:8 127:23 128:13 175:24 draft 150:8 drag 136:11 drawbacks 78:3 drawn 88:4 dream 169:16 drill 170:9 drive 162:12 driver 42:11,13 55:23 56:1 61:11 160:22 163:11 driving 61:9,12,15 61:22 148:11 161:12,17 162:5 163:2 dropped 94:9 due 177:7 duly 7:18 206:6 dunne 153:24 duties 70:8 145:15 148:8,12,13 duty 26:18,22 49:13 50:15 51:7 55:20 66:11 67:3 78:13 92:15 94:2 98:11 108:9,13,15 108:19,25 109:1 dysfunctional 171:13 172:13,14 e e 4:1,10 134:15,15 134:15 146:5,5 205:1,1 ear 173:6 earlier 79:8 105:19 132:11 167:5 183:3 early 78:11 141:12 162:2 169:23 172:10,11 easier 37:21 east 91:14 94:12 164:2 easy 38:1 echelon 181:3 eeze 149:15 effect 40:13 159:5 effective 31:10 egregious 196:13 eight 37:25 68:18 80:6 153:23 175:12 either 14:10,13 15:24 17:3 47:8 59:25 65:4 68:23 69:6 73:19 82:25 83:5,10,20 89:8 91:21 104:17 109:18 154:25 175:8 176:21 205:15 elapsed 183:21 elected 162:4,12 167:9 168:18 190:11 election 28:13 139:10 149:8,9 161:14,15,16 electronically 104:17 eli 35:6 51:19 60:12 151:5 157:4 175:2,3,7,15,20 176:3 177:9 180:10 201:9 elicited 164:16 eligibility 78:13 eligible 70:14 73:22 elizabeth 46:14 48:9 email 4:20,20 146:3,3,13,19 148:6 emails 78:2 146:10 emanuel 3:10 6:21 7:8 embarrassed 13:2 13:2,4,10 embarrassment 15:18 emily 3:5 7:13 18:2 19:2 202:15 employed 79:15 108:13,23 206:11 206:14 employee 28:6 29:23 32:10 57:16 57:20 58:6 84:7,9 84:14,19 85:5,13 86:17,19,25 87:7 87:14,16 88:5 99:3 113:22 136:9 157:18 158:23 183:5,8 184:11,14 188:4,9,10,16 192:15,15,19 193:8 200:14 206:13 employee's 84:12 86:23 88:7 employees 74:24 74:25 117:6 142:16 189:5 employer 185:7 employment 86:18 109:13 133:19 energy 44:13 174:5 Page 13 Veritext Legal Solutions 866 299-5127 Page 620 CONFIDENTIAL [enforcement - extremely] enforcement 23:17 25:20 135:7 185:9,12,14,21 engage 199:23 engaged 200:5 engagement 9:9 9:18,19 enter 21:21,21 22:9 entered 9:8,18,19 22:3,6,13 58:22 59:8,15,20,24 entire 34:10 99:7 147:8 181:2 entirety 51:2 125:19 entities 33:21 76:6 76:14,24 77:8 164:19,24 entitled 102:21 entity 156:9 envision 194:9 envisioned 193:22 195:16,20 equality 15:2 equipment 57:22 60:24 errata 204:6 error 85:2 es 206:5 esanchirico 3:7 escobedo 130:6,20 espouse 179:9 espoused 178:25 esquire 3:4,5,10 essentially 51:1 establish 33:14 37:15 38:4 62:16 63:1,5,8,16 64:22 67:14,19 establishing 36:6 establishment 67:25 estimate 199:7 et 6:16 evaluation 75:18 events 61:10 79:21 79:22 80:4 103:20 205:16 eventually 61:2 74:20 188:17 194:1 everybody 68:18 70:3 172:3 190:24 everybody's 37:20 evidence 17:6 21:25 39:9 52:20 106:14,16 135:5 ex 53:11 exact 11:15 52:3,7 148:12 exactly 55:15 78:4 105:18 exam 78:15,23 examination 4:4 7:23 65:19 149:2 193:12 201:18 examined 7:19 204:3 example 68:16 69:22 exams 69:25 excessive 93:23 excited 110:3 169:5 exciting 110:3 exclude 165:17 excluded 77:16 164:24,25 165:13 197:3,7,11,14 excluding 72:12 77:11 129:13 197:21 exclusion 197:17 excuse 32:19 33:24 58:14 103:4 130:12 146:22 exec 86:10 executive 27:22,23 28:24 29:1,8,12,13 29:17 34:17 71:8 78:10 89:19,24 93:14,19 94:6 95:4,13 98:4,8 104:22 107:9 108:24 109:22 110:13 111:5,12 112:9,21 113:9 114:6,20 116:17 116:21 117:11 118:10,17,20 120:16,19 130:1 133:7 137:7 138:12 140:11 141:13,15 142:1,3 142:7,9 144:15 145:5 148:13 154:23 165:5,12 168:19 173:2,7 191:3 197:9,18 executives 35:23 71:14 136:24 190:18 exhibit 4:12,15,17 4:20 102:21,24 103:1 134:14,17 137:23 138:2,8 146:3,6 147:9 exhibits 147:10 148:2 exist 36:16 44:16 44:19 55:3 69:18 existed 81:23 82:7 82:11 123:13 existence 36:16 existing 145:8 experience 59:3 68:19 73:8 101:8 124:22 125:15 167:18,24 187:19 expert 128:10,16 128:22,23 explain 37:3,7 140:20 150:1 151:20 165:4 189:6 192:12 195:19 explained 40:6 74:10 126:8 141:12 explains 138:11 explanation 53:23 126:3 express 67:23 expressed 53:21 63:5 64:21 68:1,8 68:12 71:13,13 75:8 76:8,13 77:19 98:12,17,20 98:20 101:15 102:3 150:17 expressing 66:10 131:16 expression 69:11 extensively 101:24 extent 151:4,9 extra 173:6 extremely 122:5 Page 14 Veritext Legal Solutions 866 299-5127 Page 621 CONFIDENTIAL [f - founded] f f 205:1 face 61:24 facilitate 133:7 facilities 191:11 fact 13:3 51:21 77:7 149:10,18 172:22 182:2 200:18 factions 133:21 facts 21:24 39:9 84:15 87:1 98:3 98:23 108:8 157:23 failed 14:1,2,3 failure 15:18 fair 52:22 118:12 161:1 162:25 182:10 192:7 fairly 38:1 48:3 false 8:23 familiar 20:1 36:17 81:18,22 82:10 85:22 87:10 87:20 158:3 families 77:12 family 76:25 163:14,16 190:24 far 46:18 66:9 74:1 82:13 85:16 136:8 141:23 150:10 165:13 194:20,22 195:24 fashion 173:10 favor 99:2,20 153:14 fbi 13:11,13,16 february 4:18,21 81:7,9 122:25,25 137:23 139:3 143:12 146:4,20 172:16 federal 128:5 feelings 101:7,11 101:15 102:2,18 149:5 felony 12:10 felt 109:25 fifth 76:12 fight 45:20,20 figueroa 2:16 3:11 6:21 figured 25:20 file 85:6 86:24 87:14,17 106:17 124:14,21 125:5 126:4,9 143:15,21 filed 87:24 filled 61:4 final 150:21 194:12 197:1 201:21 finally 45:7 47:23 60:22 151:15 154:6 financially 7:2 206:15 find 91:24 92:24 93:2 125:16 126:6 156:20 171:4 finding 13:3 15:6 findings 54:18 64:25 86:2,11 99:9 199:22 200:5 fine 10:5 56:18 147:6 148:4 177:21 finish 10:13,14 52:10 54:6 85:22 147:2 finished 70:22,22 fired 30:7,9,12 31:14 35:13,17 36:20 105:10,16 105:24,24 111:21 112:2,14 159:17 179:14 181:22 firing 30:13,16 31:20,23 32:5,13 33:1 35:11,14 firm 6:20 9:12 21:22 22:4,20 23:2,10 197:20 first 7:18 12:20 14:12,14 19:10 22:18 23:16 24:18 24:22 27:1 30:8 34:4,11,14,15,20 34:20 35:21 36:12 36:25 37:15,24,25 41:3,11 42:3 44:3 45:3 95:6 97:20 102:10 109:21 133:6 141:8,9 146:13 149:18 151:6 156:24 170:10 177:13 188:10 193:4 fiscal 76:21 170:17 five 14:16 62:20 82:17 94:8 141:9 171:4,7 198:13 flesh 154:15 flipped 176:22 floor 3:11 6:22 fly 47:20 focused 33:5 focusing 85:23 folder 139:23,25 140:2,3,4 folks 50:21 158:21 follow 9:3 152:7 following 41:10 61:5 158:8 follows 7:19 fond 71:23 force 93:23 128:2 128:4 170:23 foregoing 204:3 205:9 206:4,5 forget 24:20 form 65:21 69:23 formal 137:13,19 formalize 137:17 formally 29:2,9 formed 149:23 former 21:4 169:11 forth 118:4 173:16 forum 64:8 72:24 forward 16:15,24 29:7 45:12,17 56:16,17 76:1 78:6 86:12,13 87:5 92:25 94:16 94:18 110:5 138:24 139:18 143:11 150:22 155:1 166:21 found 13:10 15:14 106:18 122:9,12 122:14 156:21 172:6 200:25 foundation 162:22 163:8,20 164:12 168:1 174:2 176:12 177:1 180:22 181:9,16 182:12,24 183:11 186:10 191:25 founded 15:3 92:17 Page 15 Veritext Legal Solutions 866 299-5127 Page 622 CONFIDENTIAL [four - gordon] four 23:23 69:15 73:13,24 77:24 94:10,21 95:10,14 95:18 141:9 171:4 179:3 198:7 fourth 75:7 170:3 frame 36:22 56:22 108:21 166:8 183:10 190:13 196:1 framework 63:10 fremon 111:16 112:12 132:12 friday 1:16 2:16 6:2 133:25 friend 163:14,16 163:18 front 130:21,24 134:6 full 16:2 23:16 27:13 56:9 99:23 fully 69:23 88:11 function 71:21,22 168:17 functional 191:13 functioning 172:25 functions 165:18 fund 142:21 149:19 funded 142:10 153:13,17 funding 142:17,19 152:3 further 41:9 84:20 148:18 158:11 193:9,12 201:15 201:18 202:8,9 205:14 206:13 future 165:12 142:12 171:4 204:5 g 144:9 gallery 130:10,19 giving 56:8 60:13 90:11 92:7 124:11 131:11,19 173:5 173:1 177:6 198:15,17,19 glass 47:4 53:24 game 56:19 80:2 go 6:12 11:7 14:4 118:12 174:25 17:7 21:15 31:3 games 79:25 80:1 32:2,12 36:23 garcia 31:1 35:3,4 37:4 48:1 54:9 35:5 43:19,24 59:4 65:10,12 45:4,24 50:21 70:7,23 74:18 55:13,19 60:9 75:13,21 77:9,10 139:21 152:18 85:10 86:11 89:9 155:15 180:9 94:18 101:3,23 general 25:14 36:2 103:1,4 125:11 37:18 64:2,4 86:7 138:4 139:16,19 109:4 114:9,13,17 152:23 154:21 124:24 128:2 156:11 159:19 158:12 194:4 162:25 164:21 generally 45:6 166:15,17 168:21 126:19,25 127:25 170:3,5 171:16 georgina 153:24 172:16 174:22 getting 36:7 82:13 176:9,19 184:14 121:20 125:6 185:11 186:5,7,18 162:18,20 173:1 186:20 187:4,11 188:17,18 187:20 188:15 giambalvo 144:5,7 189:3,11 196:6,8 girlfriend 53:11 199:9 53:15 goal 188:7 girlfriend's 47:3 god 159:7 gist 45:7 goes 175:16 179:1 give 15:23 16:2 83:21 84:25 95:17 going 13:20 16:14 16:24 21:25 30:17 95:23 100:22 31:8,9 32:2 35:20 101:4 118:2,8,15 37:18,19 41:16 125:17 158:20 48:1,10 53:9,14 166:25 190:1,2 54:11 55:1,1 199:7 56:16,23 57:8,15 given 13:12 23:13 63:9,19,20 68:24 56:11 60:14 64:7 68:25 69:4,9,19 91:15 119:6 136:6 g 70:16 71:16 72:13 72:15,17 73:10 74:11,12,18,21,22 77:20,21,23 78:5,5 82:14 83:15,20,21 83:22 84:7 88:4 92:2,16,20,22 110:2,25 111:22 111:24 116:8,11 118:5 119:11 123:1 125:5 135:7 135:9,22,22,23,25 136:10,20 139:18 139:18 142:21 146:13 147:1,14 148:25 150:9 152:24 153:15 154:13,17,18,19 158:2 164:9 173:9 173:10,12 174:23 175:11 184:14 196:21 good 48:1 110:4 120:4 124:11 148:11 149:12 158:14 166:20 171:14 174:19,20 174:20,23 176:8 177:3 180:13,20 189:21 199:8 goodwill 174:6 178:20 gordon 3:10 4:5,6 7:8,8,24 8:3 9:11 9:16,23 10:3,6 13:23 16:17,21,25 17:9,12,15 18:4,22 20:24 21:17 22:2 22:8,25 23:8,15 24:21 25:2,6 32:3 32:15,24 34:9 Page 16 Veritext Legal Solutions 866 299-5127 Page 623 CONFIDENTIAL [gordon - heard] 35:7 38:25 39:12 40:3 43:3,7,12 48:12,18 49:5 52:12 53:1,5 54:7 58:18 59:12 65:3 65:11,20 66:17,21 67:8 82:5,18 88:12 90:4,8,15,18 90:21 91:3,8 93:6 95:25 96:7 97:14 100:3,12,16,20 101:4,25 102:20 102:25 103:13 113:7,15 115:9 118:7,13 119:14 119:25 120:3,5,10 120:17,24 121:12 121:16,23 122:7 123:16,20,22 124:4,8,12 125:8 125:18 127:3,7 129:24 130:18 131:13,15 134:13 134:18,22 135:1 135:12,15,19 136:13,22 137:5 137:22 138:1,6 145:16 146:2,7 147:1,5,8,13,16,19 148:1,5,17 149:4,4 149:11,13,15 151:17 152:25 153:3 160:7,12 161:3,7,21 162:13 162:21 163:7,13 163:19 164:12,16 167:21 168:1 169:25 170:6,11 172:18 174:1,11 176:11,14,18,24 177:5,16,22 180:14,17,21 181:5,8,15 182:4 182:11,14,20,23 183:3,11,17 184:6 185:15 186:9,15 186:19 187:1,3,8 187:14 188:20 189:8 191:24 192:4 193:13 201:15 202:1,9,16 202:20,23 gotten 85:21 125:14 govern 96:18 governed 96:23 governing 87:16 great 115:6 green 11:5 gregory 91:11 grief 189:24 grievance 60:5 85:5,6 grievances 60:6 gross 46:13 47:12 48:21 51:20 53:2 53:3,20 64:17 79:10 151:6,8,9 ground 16:21 17:1 17:2 24:23 88:5 90:9,12,15 91:5 grounds 16:18 22:11 39:13 186:21 group 79:21,24,24 151:4 156:5 157:10 179:6 195:15 196:22 guess 32:7,20,21 34:24 35:2 99:22 99:24 100:2,6,7,13 100:14,22,23 115:5 132:15,15 138:5 162:2 167:17 guessing 100:8,14 guidance 165:9 166:25 168:13 173:2 guidelines 33:18 75:9 76:9 196:6,9 guilty 106:19 gun 57:18 58:10 60:23 gutierrez 105:11 152:17 173:3 177:11,14 178:4 178:23,24 180:2 181:24 gutierrez's 177:13 guy 44:14 52:4 55:25 62:1 83:21 178:15,20 179:16 189:23 192:16 193:6 guy's 179:13 guys 56:18 57:23 58:13 72:2,7 105:22 h h 4:10 134:15 146:5 half 29:15 36:19 38:12 39:24 50:20 51:1 55:18 60:8 127:23 128:13 160:24 183:24 halfway 103:2,3 hall 190:15,17,18 190:23 191:5,16 hamai 4:18 137:24 143:14 144:12 145:6 hand 31:12 105:5 105:5 handing 102:20 134:13 146:2 handle 8:2 58:13 handled 85:6 93:24 happen 40:2 77:24 78:5 107:16 happened 13:21 51:21 64:10 105:6 105:13 150:23 157:11 happening 172:4 happens 139:15 harassing 17:6 136:19 harassment 135:24 hard 140:5 179:12 hardline 72:18 harper 169:12 hashmall 19:2,17 he'll 139:13,14 143:24 head 10:8 32:12 93:24 107:22,23 headquartered 191:5 headquarters 171:19,19 190:9 hear 28:24 41:20 61:14 77:25 97:23 102:5 129:19 heard 41:13 91:4 92:14,15 94:12 97:20 102:10 106:21,24 107:15 129:13 164:11 199:14 200:25 Page 17 Veritext Legal Solutions 866 299-5127 Page 624 CONFIDENTIAL [hearing - informally] hearing 84:10 86:20,25 99:8 127:20 131:5 150:15 166:22 171:20,23 heart 27:5,9 171:10,10 held 6:20 24:14 97:8 142:7,24 171:14,18,20 helicopters 170:22 hello 103:5 help 24:25 25:3 124:25 125:1,5 126:6 153:14 168:6 169:6 helpful 125:13 helping 25:4 hennessy 4:21 146:5,21 hereto 206:14 herniated 27:4 hey 41:23 86:7 94:21 105:23 139:12,17 140:17 169:12 171:11 180:12 189:24 higgins 116:10 high 38:2 83:25 89:3 94:19,25 144:15 152:14 179:20 180:1,11 higher 74:16 135:21 179:24 201:25 highest 167:8 197:24 highly 153:12 hip 170:13,13 hire 33:13 34:13 34:22 35:21 37:24 38:14 40:9,18 44:10,20 116:9 152:2 153:6,24 154:7 184:12 194:1 hired 41:14 44:21 51:11 78:14 116:9 153:21 156:21 184:18 194:1 hiring 30:18 45:11 51:12 62:7 77:22 77:22 78:7,17 133:13 154:8 histories 65:1 history 40:1 57:6 hmm 68:4 127:12 127:15 185:25 hold 28:15 29:2 49:2 65:11 84:11 98:10 160:7 176:18 177:16 180:5 182:14 184:22 186:20 holder 29:7 hollywood 164:10 home 60:23 61:1,5 61:16 106:1,3 hope 82:14 90:23 150:21 166:10 horrible 55:24 hour 19:22 20:11 104:25 105:1,4 hours 101:24 house 47:3 53:12 human 70:8 72:22 74:12,19 75:13,17 77:18 78:20 201:6 hundred 11:21 57:4,10 58:20,21 59:3,8,14,19,23 89:6,8 126:14,15 127:11 huntsman 64:3 hurt 92:22 153:19 hypothetical 39:8 i iab 124:14 125:4 126:4 157:9 158:20 ice 170:21 idea 18:16 32:22 38:5 90:11 92:4 93:4 99:17 100:4 100:23,23 141:22 166:13 176:8,9,15 176:23 180:13,20 195:25 197:1 identification 96:9 identified 93:16 142:19 identify 120:20 121:2,7 122:2 identifying 13:11 93:7 192:23 ignore 70:20 illegal 90:7 91:1 impact 77:15 87:2 142:20 173:10 189:17 impacting 159:15 impartial 52:22 impersonating 57:21 192:22 implement 37:8 70:16 72:17 75:1 implementation 74:2 implemented 70:25 71:11 156:1 156:3 implementing 74:15 implications 138:20 important 159:12 159:19 imposed 13:7 54:13 73:24 85:13 87:23 88:16,22 99:1 imposing 82:22 imposition 86:12 86:14 87:7,12,13 158:21,23 196:9 impossible 66:18 imposter 58:5 192:9 improper 39:2 inappropriate 16:17,19 24:23 129:10,17 130:2 incident 13:24 incidents 14:22 include 51:16 117:6 198:14,16 198:18 201:24 included 48:25 103:25 195:15 including 192:17 202:5 inclusive 1:10 2:10 income 129:19 independent 154:14 193:15,19 194:14 195:15 indicated 47:13 indirectly 112:17 113:20 114:2,15 116:18,22 individual 1:8 2:8 96:1 informally 29:10 29:11 Page 18 Veritext Legal Solutions 866 299-5127 Page 625 CONFIDENTIAL [information - joined] information 11:16 13:12 21:24 23:1 30:21 45:7 47:8,9 52:1 84:24 111:18 112:22 122:22 123:8 135:6 138:5 157:20 158:2 infringe 117:25 initial 83:13 85:1,7 138:11 175:10 185:18 initially 15:3,5 27:22 37:10 88:7 141:13 143:22 149:7 153:6 175:10 injuries 166:9 input 63:14 inquiry 136:2 inside 53:11 insight 168:14 insisted 54:2 inspector 37:18 64:2,4 86:6 109:3 114:8,13,16 158:12 194:4 institutional 168:14 instruct 9:15,25 21:25 22:24 23:6 48:11 49:3 113:6 113:14 118:6 120:22 121:22 135:9,23 instructed 5:1 instructing 122:4 instruction 9:3,20 9:21,22 10:1 101:5 118:12 119:24 136:18,19 137:4 instructions 118:11 119:15 instructs 9:2 integrity 173:11 173:11 intend 90:14 198:18 intent 84:6 85:12 86:16,17 141:15 152:4 158:22 174:21 intentionally 8:23 112:22 118:24 intentions 68:13 interact 168:21 interested 7:2 202:10 205:16 206:15 interfere 6:10 interference 6:8 interim 64:4 internal 83:7 84:21 internally 159:12 internet 132:15 interrupt 54:8 160:12,18 171:17 interrupted 160:7 interrupting 146:22 161:8 interview 155:17 interviewed 129:2 153:23 interviews 154:6 155:15 introduced 98:1 invades 17:23 investigation 82:25 83:5,8 84:21 157:24 158:11 investigations 158:13,13 investigative 152:6 191:11 investigator 128:18,21 investigators 84:22 157:20 involve 74:11,12 94:22 188:18 involved 45:11 46:9 47:6,10 75:14 77:15 81:11 84:21 116:11 153:5 170:19,20 171:2 188:22 involvement 81:15 91:21 94:4 97:12 107:2 157:7 165:1 174:7 involves 119:9 involving 47:2 63:10 94:8,13 95:18 197:15 irma 46:13 48:21 79:10 irrelevant 135:2 136:8 island 76:18,19 164:20 issue 27:5,9 35:20 36:1,10 38:2 43:15,19 45:10,12 45:18 55:22 60:9 60:15,20 83:3 86:16 93:1 150:16 issued 86:14 87:12 87:13 issues 44:14 47:9 55:25 60:6 91:18 128:22 146:24 158:9 170:21,23 170:23 171:2 179:14 184:20 item 28:1 142:11 142:17,19,21,22 items 57:22 170:16 j jail 191:6 jails 170:21 james 102:5 january 43:22 110:15 115:7 130:8 131:10,18 131:22 134:3 141:12 150:15 156:24 162:2 172:10,11,12,15 173:15,15 200:11 jerry 169:12 jim 81:10,16 82:16 102:16 190:10 job 1:24 23:16 24:5 27:11,14,16 68:21,24 69:24 70:2,4,7,12,12 75:10,11,23 76:2,3 76:24 79:15,19 80:10,13 111:18 148:8,12,12,20 153:21 jobs 80:15 john 3:10 7:8 10:5 34:8 91:7 121:13 133:11,18,24 136:4 148:20 149:12 164:16 177:4 190:10 johngordon 3:12 joined 24:12 Page 19 Veritext Legal Solutions 866 299-5127 Page 626 CONFIDENTIAL [joining - law] joining 24:19 judgment 148:11 june 1:16 2:16 6:2 6:4 205:20 206:18 justice 190:15,17 190:18,23,24 191:5,16 k k 134:15 keehn 4:15 134:15 keep 33:5 58:11 118:24 154:11 165:9 171:11,12 173:12 keeping 106:1 162:10 kehoe 4:20 144:21 145:5 146:4,20 148:6 keosian 46:14 48:6 48:10,22 79:9 kept 153:13 171:23 killed 189:15 kind 17:8 61:24 71:24 75:1 135:8 136:4 156:7 192:23 193:3 kinds 136:7 knees 27:5 knew 36:18 37:11 47:25 57:5 64:14 93:17 164:4 knock 52:19 knocking 52:15 know 10:23 11:18 11:20,22,23 27:23 32:8,8 33:7 34:9 36:7,8,10 38:22 39:8,21 40:1 41:23 42:14,16 44:11,14,16 49:15 50:3 51:8,21,23 52:14,18 54:17,19 55:21,24 56:4,6,7 56:10,14,15,16,17 56:20 57:3,7,14,14 57:15 60:17,18,21 61:2,4,10,12,23 62:12,12 63:14 64:3,9,15,18 66:9 70:15,24 74:1 77:6,13 78:6,8 81:25 82:3,4 84:7 85:3 86:12,21 87:25 88:6,17,23 89:16,17,23 92:22 92:23 96:16,17 97:3,4,7,18 98:7 99:13,16 100:1,22 105:15,21,22 108:12,16,21,22 108:23 109:2,5,7,9 109:25 110:3,4,23 110:24 111:3,21 111:22,23 115:15 115:17 119:8 121:24,24 122:9 122:14 129:23 131:2,7,24,25 133:2 134:3,4 135:24,25,25 136:8 140:1 141:23 142:4 147:24 148:7 150:16,23 156:3 156:18 158:20 159:22,23 160:1,3 160:19,21 161:1 162:15,17,20,23 163:5,23,25 164:6 164:8,18 165:13 165:19 169:17 170:5,14 171:22 171:23 175:9 176:17 178:12,14 178:17 179:13,15 179:19 182:17,25 183:10,16,20 185:4 186:1,14 187:19 188:17 189:23 191:19,22 191:23 192:1,3 196:22,25 197:18 197:23 200:21 201:11,14 knowing 164:5 knowledge 99:25 100:24 123:8 125:15 139:5 159:18,24 165:25 166:4 168:14 173:25 176:13 181:11,18 186:12 186:20 187:3,18 206:10 known 16:23 l l 4:21 144:9 146:4 146:20 la 7:12 27:18 28:11 81:8 91:14 94:12 109:15 111:17 112:13 132:12,14,22,25 133:2,4 136:9 144:23 164:2 169:13 184:23 lacera 138:22 143:3,9,9 145:9,14 148:14 lack 102:7 162:22 163:8,20 164:12 168:1 174:2 176:12 177:1 180:14,22 181:5,9 181:16 182:12,24 183:11 186:10 191:25 lancaster 93:22 95:7,8,20,22 larry 30:25 31:3 35:2 57:17,25 58:10 105:5 133:16 134:6,7,8 134:12 139:23 164:8 173:24 174:3,6,10,14,17 174:18,25 175:23 177:9 lasd 14:23 21:5 24:11 27:1 29:2 80:9 81:19 87:21 88:22 98:12,16 102:6 106:4,8,21 106:24 108:13 113:22 123:22 129:3 136:17 197:24 lat 184:10 late 131:10,18,21 141:11 159:17 162:2 166:10 172:9,12 187:22 latitude 136:6 lau 109:14,22 110:12 111:8,15 112:1,13 law 6:20 23:16 25:20 92:19 96:5 126:20 135:7,11 143:6 145:8,11 147:15 148:14 185:9,12,14,21 Page 20 Veritext Legal Solutions 866 299-5127 Page 627 CONFIDENTIAL [law - louis] 193:5 laws 28:6 lawsuit 58:20 88:15,21 89:1 lawsuits 60:3 74:1 lead 17:5 135:4 leading 151:17 167:22 172:18 182:5,14 learn 42:17 98:3 102:15 129:9,14 146:14 learned 42:20,23 46:3 106:14,16 108:14,24 121:25 129:15 130:1 leave 23:24 24:18 26:10,13 58:11 106:4 202:14 leaving 24:5 105:16,24,25 lee 28:14 82:1,8,12 left 24:1,8 25:7,10 42:19 58:2 64:7 67:21,22 92:12 104:5 114:11,17 117:15 129:4 149:24 151:3 154:6 155:25 159:8 165:16 legal 6:25 11:1 17:2 23:9 24:23 38:20 39:7,12 90:9,12,15 91:5 162:14 183:12 184:7 185:16 legislative 30:19 94:14 148:9 length 38:23 48:16 101:21 149:21 letter 4:15,17 84:6 85:12 86:12,14,16 86:21 87:7,12,13 134:23 135:13,20 136:15 137:2,23 138:4,7,11,21 139:3,11,17,20 140:8,15,16,18,20 140:23 141:4,12 141:21 143:9,13 144:11,12 145:3 146:14 158:17,21 158:21,22,22 letting 84:7 level 68:16 70:10 85:7 141:16 144:15 167:14,18 167:24 179:20 180:1 198:22 199:12,20 levels 191:14 leyva 1:15 2:14 4:3,14,16 6:14 7:12,17,25 43:6,11 102:23 103:8,12 124:2 134:16 145:22 146:1 149:4 178:3 203:1 204:2,14 liability 8:13 58:3 58:7 193:8 library 31:4,5 lieutenant 24:16 42:2 43:19 50:21 55:13 68:17,20 69:22 71:19,25 72:1,2 73:7,8,9,12 73:23,25 74:3 83:6 105:9 130:6 139:21 144:21 145:4 152:18 155:15 167:10,11 172:8 198:11 lieutenants 71:16 73:16 light 11:4,5 liked 172:22 limit 95:2 line 5:2 34:11 71:21,22 72:5 73:7,19 136:2 147:2,5,8 lines 129:11 152:10,13 lisa 106:21 list 24:15 62:20 72:11 78:13,16,18 82:19 listed 148:13 listen 166:24 173:7 listening 24:21 33:6 173:2,4 174:21 205:12 literally 104:23 litigation 107:3 124:24 157:9 little 23:23 37:11 70:7 lives 159:15 liz 48:5,22 79:8 llp 3:4,10 local 168:22 located 6:21 190:16,17,22 locked 170:12 lockstep 170:13 long 19:18,21 20:10 23:21 24:11 26:2 29:12 73:22 88:4 100:13 116:5 128:14 159:4 longer 28:3 65:9 77:13 110:15 112:9,21 113:22 116:21 165:11 longstanding 159:19 164:9 look 38:4 54:22 63:15 70:3 71:16 101:5 103:1,3,23 123:21,21 131:6 146:8,23 153:11 154:7 156:11 158:2,6,11 196:3 looked 44:15 47:2 54:16 60:19 88:4 122:23 195:24 196:4 looking 47:12,17 47:21 52:2,6,15 55:14 69:14 71:14 73:6,11 75:24 110:5 140:19 170:16 195:25 looks 136:7 146:23 178:19 loop 171:22 los 1:2,4,7,9,17 2:2 2:4,7,9,15,17 3:6 3:11 4:13 6:1,15 6:18,22 7:9,10 12:13,17 15:17 24:7 28:20 78:25 101:20 102:22 125:24 133:9 140:11 192:15 lot 47:17 62:12 82:14 99:9,10 166:22 168:14 173:6 louis 3:4 Page 21 Veritext Legal Solutions 866 299-5127 Page 628 CONFIDENTIAL [luis - meeting] luis 1:21 2:17 6:24 206:3,21 lunch 65:8 66:14 67:2 lying 47:24 m m 106:25 134:15 144:9 main 62:2 128:3 maintained 78:18 maintaining 185:8 making 132:1 134:8 184:21 189:12 managed 179:5 management 157:9 191:14 managers 61:19 mandated 74:15 mandates 185:4 mandating 68:17 mandoyan 1:8 2:8 33:13 34:5,13,22 35:20,22 36:4,7,11 36:18 37:5,9,11,12 40:10,19 41:6,7,10 41:20 42:6 43:15 43:24 44:9 45:5 45:10,12,18,25 46:6,15,25 47:2,14 47:18,20 48:7,14 48:23 49:9,13,25 50:11 53:11,15 54:1,14,23 55:20 56:19,23 57:2 60:11,18 61:4,15 62:3,8 64:13 65:23 66:1 67:3 79:12 89:17 90:3 90:5,25 91:1 93:1 93:13,17 94:6 95:5,19,22 97:12 97:18,21,23 98:8 98:11,22 99:4 107:7 108:9,13,19 109:19 110:23 111:6 112:23 113:3,4,11,18,24 114:9,13,17,25 115:4,21,24 116:8 116:19,23 117:13 118:9,16 124:14 124:21 125:5 126:1,4 131:4 136:1,5,12 150:3,4 156:8,21 157:6 159:18,25 160:22 161:12 162:5,18 163:2,11 164:6,8 166:2,5 173:17,25 174:4,7,19,25 175:2,7,8 176:1,5 177:8 178:5,8 179:9 180:13,20 181:4 182:22 183:21 184:1 186:1 187:10,20 188:8,12,25 192:8 197:15 199:11,16 200:9 201:9,11 mandoyan's 41:23 42:18 49:12 50:15 51:7 53:23 55:12 60:20 64:25 66:10 90:6 97:9 98:16 106:17 107:4,13 108:4,25 manila 140:3 manner 65:22 march 4:15 29:19 29:24 30:1,6,10,12 30:13,16 42:19 78:11 79:16 80:9 80:11 81:1 89:25 104:12,21 109:14 113:17 114:11 129:4,5,6 134:14 136:14 150:25 155:25 159:18 178:6 maria 177:14,15 178:4,23,24 marital 20:20,22 mark 102:20 134:13 137:22 146:2 marked 102:24 134:17 138:2,7 146:6 marking 49:5 maryanne 4:15 134:15 master's 28:16 74:16 match 141:18 material 31:2,7 matt 122:13,14 123:1,4,14 124:13 125:23 126:3,8 matter 6:15 12:25 17:5 20:16 21:5 21:11 46:15 64:13 79:12 101:6 109:19 111:6 113:4,11,18,24 114:9,13,17 115:4 115:21,25 116:19 116:23 117:13 118:10,17 129:3 135:3 173:25 182:2 matters 21:1 23:3 96:10 148:10 max 64:3 maya 109:14,22 110:12 111:8,15 111:23 112:1,13 mcbride 133:11 mcdonnell 51:24 52:7 81:10,12,20 81:24 82:2 88:14 88:19 96:15 97:1 97:4 102:8,18 181:20 190:10 195:7 mcdonnell's 81:16 99:1 102:6,16 mean 38:21 52:9 53:2,6,17 62:10 66:16 68:12 76:17 77:10 79:23 97:13 108:17 112:8 117:1 123:21 125:2 142:18 160:17 171:17 198:14,16 meant 150:1 165:4 189:6 mechanism 49:18 media 6:13 111:6 111:13,17 112:14 112:18,22 medication 15:24 meet 30:17 70:3 70:13 72:9,21 74:22,25 171:9 172:2 178:12 180:8,9 meeting 19:19,21 19:23 20:13 40:17 40:25 41:1,11,16 46:11,17,24 47:1 48:3,5,20 49:9 64:8,19,24 79:7 Page 22 Veritext Legal Solutions 866 299-5127 Page 629 CONFIDENTIAL [meeting - moment] 97:25 105:7,12 108:6 115:8,8,12 115:18,21,22,23 115:23 116:3,4 130:5,8,13,14,16 131:10,17,19,22 171:12,18,25 172:7,20,23 173:14,22 178:11 meetings 44:4 45:22 51:3,6 77:12,13 79:11 165:5,9,13,14,18 179:20 180:1 197:4,6,9,10,15,18 197:22 member 60:14 111:13 112:14,18 151:23 155:9 194:2 members 13:16 48:10 64:14 77:11 189:14 mentioned 45:14 76:12 157:12 mese 30:25 31:1 35:2 43:18,24 44:6,9 45:3,24 46:12 48:21 50:20 54:21 55:9,10,19 57:25 60:9 73:1 79:9 107:14,20 133:16 134:6,7,8 139:8,23 152:18 155:13 157:4 164:9 171:25 173:24 175:23 177:9 180:2,9 181:24 188:25 mese's 31:6 105:5 120:13,21 121:11 mess 125:14 126:7 121:13,20 122:3 message 133:3 123:19,21,25 messages 132:22 124:5,10 125:6,11 132:25 127:1 129:22 met 37:11 44:6 130:12,15 131:12 72:4 105:13 151:9 134:20,24 135:2 156:6,22 158:18 135:17,22 136:18 178:11 188:24 137:3,25 138:3 metal 47:22 52:17 145:17,19 146:22 microphones 6:6,9 147:4,7,10,14,18 middle 122:25 147:23 148:4,19 160:8,13,16 161:8 148:24 149:3,12 mile 191:7 149:14,20 151:19 miller 3:4,4 4:6,7 153:1 154:1 160:9 7:11,11 8:2 9:7,9 160:17 161:5,10 9:10,13,21 10:2,5 161:24 162:16,24 13:20 16:16,19,22 163:9,15,22 17:4,22 18:19 164:14 167:23 19:2,17 20:17,20 168:4 170:8 21:9,14,23 22:6,14 171:15 173:13 22:16,23 23:1,2,5 174:9,13 176:13 23:10,12 24:20,25 176:16,20 177:2,6 25:5 31:24 32:14 177:18,21,23 32:19 33:24 34:2 178:2 180:15,18 34:8 35:4 38:20 180:24 181:6,10 39:5,7,19 46:14 181:17 182:6,15 48:6,8,9,15,22,24 182:21 183:1,14 52:10,24 53:2 183:19 184:25 54:5 58:14,17 185:22 186:11,16 59:10 65:8,12 186:24 187:2,6,9 66:16,18 67:5 187:17 188:23 79:8 82:3,13 189:10 192:2,6 87:25 90:2,6,13,17 193:9 199:15 90:20,23 91:6 201:19 202:4,8,13 95:21 96:3 97:13 202:19,21 99:24 100:2,8,11 miller's 21:22 22:4 100:15,18,25 22:20 129:1 101:21 103:4 197:19 113:5,13 115:5 millerbarondess.... 117:25 118:11 3:7,7 119:8,15,21 120:4 mind 18:5 31:22 32:5,12,25 35:13 35:16 39:1,15 49:18 55:23 66:22 84:19 87:6 95:17 112:17 125:9 199:5 mine 54:15 minimum 70:13 70:17,18 71:3 72:10,21 73:17 89:11 minute 17:22 46:10 130:12 138:3 171:6 187:10 190:1 minutes 48:4 65:5 137:4 minutiae 170:19 mira 18:2 19:2 miscommunicati... 16:12,22 17:25 misconduct 199:12,23 200:6 misnamed 156:10 156:14 missed 34:3,6 misstated 126:23 misstates 172:18 186:22,23 187:15 188:21 mistake 55:4 mistaken 176:3 misunderstood 73:2 126:22 193:20 mm 68:4 127:12 127:15 185:25 modify 76:9 moment 43:4 65:7 145:18 Page 23 Veritext Legal Solutions 866 299-5127 Page 630 CONFIDENTIAL [monday - objection] monday 30:18 108:6 178:10 money 89:15 94:23 162:20 191:19 201:14 monterey 171:18 171:21 172:2 190:3,4,7,16 191:10,19 month 92:1,7 94:13 110:15 142:10,12,14 months 29:15 77:24 91:15 92:7 morning 17:16,20 18:6,9,11 30:18 66:24 67:4 108:6 178:10 motts 91:16 92:9 92:11,14 95:22 move 24:25 56:16 70:19 73:25 76:1 78:6 86:12 90:24 91:6 94:16 95:25 135:15 139:18 150:22 160:15 174:12 182:16 183:18 189:8,25 moved 60:22 86:13 143:11 movement 179:3 moves 92:25 moving 138:24 155:1 166:21 multimillion 170:22 multiple 44:21 45:6 murakami 51:19 60:15 64:17 92:13 92:21,23 105:6 130:6,20,24 151:5 173:3 175:25 178:11 180:3,4 murakami's 93:25 myriad 38:15 n n 4:1 134:15,15,15 146:5,5 name 6:23 42:3 55:2 63:9 93:7,17 97:18,20 106:24 115:14 132:23 133:1 151:7 177:13 named 46:13 106:21 151:6 names 96:2 152:16 155:5 naming 55:5 narcotics 128:18 128:21,22 nature 27:3 88:2 119:10 138:19 nay 158:15 naying 154:25 near 200:10 necessary 139:22 neck 27:5 need 10:3,23,24,25 17:7 25:3 37:15 37:15 57:17,21 65:3 69:9 85:17 92:24 93:2 94:19 101:6 105:25 142:2 158:10 169:2,13 170:18 171:7 174:22 177:17,22 202:23 needed 37:4 47:8 83:3 92:22 122:21 122:22 133:12,13 138:18 152:6,8 153:8 168:21 170:24 172:24,24 173:4,7 negative 101:7,11 101:15 102:2 149:5 189:17,19 negatively 121:3 neither 206:11 nestore 1:23 205:7 205:23 nevada 205:4 never 12:9,12 21:4 37:11 54:1 91:4 95:1 139:5 142:13 150:14 167:14 179:15 181:22 198:24 199:3 new 28:6 38:14 63:12 71:12 72:4 75:23 76:2,2 82:2 84:24 85:12 92:19 109:25 137:7,10 142:19 144:23 156:23 164:3,3 169:15 170:21 171:18 184:12,20 184:22 newly 168:18 newspapers 129:12,14 nine 27:8 80:6 nods 10:8 nonresponsive 160:15,15 174:12 normal 94:24 normally 105:12 165:6 178:10 norwalk 191:9,10 notary 206:1,22 note 6:6 notes 21:18 205:11 notice 2:18 4:13 102:23 noticed 56:22 noticing 7:7 notoriously 99:2 november 97:22 97:24 number 6:19 94:22 141:16 150:17 175:12 199:8 o o 144:9 o'clock 30:18,23 105:12 oath 8:20,23 object 9:2 17:22 24:23 32:19 44:11 47:22 52:17 66:18 118:5 135:7,22 160:14,14,15 186:21 objected 15:9 120:13 153:7 189:2 objecting 122:4 objection 9:10,22 16:17,18 17:1,2,8 21:14,23 22:10,11 22:23 23:5 32:14 39:13,19 62:24 67:5 90:8,10,12,16 91:5 101:23 106:12 113:5,13 118:11 119:23 120:21 134:24 135:1 136:18 137:3 151:17 152:25 153:3 Page 24 Veritext Legal Solutions 866 299-5127 Page 631 CONFIDENTIAL [objection - operations] 161:21 162:13,21 163:7,13,19 164:12 167:21 168:1 170:6 172:18 174:1,11 176:11,19,24,24 177:3 180:14,17 180:21 181:5,8,15 182:4,11,20,23 183:11,17 184:6 185:15 186:9,15 187:14 188:20 191:24,24 192:4 202:1 objections 7:5 65:22,25 66:7 92:13 136:7 158:8 170:11 189:12 obstructionist 186:25 obtain 124:9,13 obtained 87:11,21 125:22 obvious 16:16 obviously 16:23 177:9 occasion 36:1 61:9 109:18 180:9 occupy 190:9 occur 17:21 18:7 41:16 43:20 occurred 30:13 41:2,11 108:20 october 80:16 offer 135:8 136:4 168:12,13 offering 169:15 offhand 49:21 99:16 office 16:6,9 17:17 17:25 18:3,12,15 30:24,25 31:2,6,7 34:16,21 35:24 37:18 42:14 44:7 50:21 56:5 60:23 61:9 64:2,3 77:4 86:6 88:25 93:25 105:10,10,14 109:3,6 110:19 113:10 114:3,8,12 114:16 121:9,19 133:12 141:11,19 141:19 155:19 158:12 170:2 171:21 178:18,18 190:12 191:1 194:4 officer 23:17,18,21 24:4,11 27:22,23 28:24 29:1,8,12,13 29:17 34:18 40:5 46:13 71:8 78:10 86:10 89:20,24 93:14,20 94:6 95:5,13 98:5,8 102:7,17 104:23 107:9 108:24 109:23 110:13 111:5,12 112:10 112:21 113:9 114:6,20 116:17 116:21 117:11 118:10,17,21 120:16,19 133:7 137:7 138:12 140:11 142:7 145:6 154:24 168:20 185:2,9,12 185:14,21 192:22 206:3 officer's 99:9 102:7,18 officers 78:25 135:7 offices 172:5,7 official 27:19 96:13,18,21 137:13 162:12 200:23 officially 29:22 officials 61:19 168:22,22 180:11 oh 13:19 53:11 66:23 72:7 81:3 128:15 140:10 141:9 147:4 175:24 177:18 183:2 oig 37:16 40:6 55:1 63:11,14,20 63:24 64:2 117:5 117:6,6,12 150:6,9 150:13 158:14 165:6,6,12 okay 11:18 17:4 18:3 20:20 22:17 26:15,24 40:14 46:10 48:24 65:3 65:13 69:15 71:19 72:2,3,6,19 82:19 84:4 85:15,19 86:10 87:6 94:23 94:24 119:21 120:3 125:11 127:8 133:17,23 135:15 138:4 140:3,19 145:17 146:9 147:4,23 151:4 153:20 157:12 158:5,16 158:24 161:1,19 161:25 162:10,25 164:15,23 165:24 166:18 167:3,5 169:5,18,19 170:3 173:24 175:19,25 176:3 177:6,12,18 177:23 180:1,7 182:16 183:2,7,10 183:15 185:13,23 185:24 187:18 188:15,24 189:13 190:1 192:7 193:18 202:8,25 old 171:19,21 190:8 olmsted 105:11,25 106:1 152:18 173:3 177:11 178:11 179:8 180:2 181:24 190:20 191:4,6 once 29:13 38:4 75:25 83:8,19 118:18 138:13 139:10,11 154:16 157:17 169:17 184:17 201:2,2 ones 60:5 82:1 93:17 128:3 196:21 ongoing 45:12 107:8 open 47:23 52:17 64:8 72:24 115:18 130:13,14,15 operating 101:22 operation 168:20 168:24 operational 71:23 73:19 148:10 171:2 operations 133:9 168:16 Page 25 Veritext Legal Solutions 866 299-5127 Page 632 CONFIDENTIAL [opinion - pepro] opinion 52:22 63:5 74:7 90:23 99:6 100:17,19 162:14 183:12 opinions 76:8 opportunity 12:2 24:10 31:12 51:13 84:10,14 87:1 111:24 158:2 169:16 opposed 121:18 130:10 174:7 opposite 52:3,7 182:3 opposition 173:16 optics 55:24 orange 184:15 188:2 order 37:8 121:2 133:13 135:20 139:6 140:7 171:4 201:7 ordered 39:16 196:7 original 26:20 originally 28:23 80:25 103:17 originate 110:18 outcome 7:2 63:24 206:15 outcomes 153:15 outside 75:17 76:5 125:24 163:6,11 184:1 overbroad 66:19 101:23 overhear 41:9 overruled 99:14 99:18 overseeing 81:11 148:10 158:12 oversight 37:19 64:6 114:22 115:8 overturn 39:23 p p.m. 4:5 65:15,15 103:9,9 119:18,18 145:23,23 146:13 146:20 177:24,24 203:2 page 4:4,11,15,17 4:20 5:2 137:23 146:3,14,19 148:7 150:12 174:3,8 182:19 pages 1:25 134:14 204:3 paid 43:1 79:20 89:15 142:9 162:18 201:3,7,11 palm 61:18 panel 33:15 36:5,7 36:16,24 41:16 42:20 44:15,17 45:15 51:10,15,17 54:17,19,24 55:3 55:16 60:15 63:8 63:9,10 64:12,14 64:17,19,24 67:22 83:18,23 84:1 107:13,18 108:4 149:22,23 150:2,5 150:11,22 151:2 151:11,14,14,14 151:21 152:1,1,5 153:10 154:10,13 154:14 155:8,9,11 155:17,18,20,21 156:1,5,10,15,22 157:6 158:1,18 159:20 193:16,22 194:4,7,10,14,24 194:25 195:2,9,16 195:20 196:20,25 199:25 paneled 51:19 panels 63:12,13 paper 51:14,15 52:3,21 55:6,15 64:16 104:17 papers 108:17,18 paperwork 200:18 201:3 pardon 29:4 177:15 179:23 park 171:18,21 172:2 190:3,4,7,16 191:10,19 part 16:13 32:7 47:5 55:21 56:19 60:5 75:10 117:24 135:18 151:25 152:1 154:9,10,22 175:10 191:17 participant 107:12 108:3 participants 64:15 participate 45:18 participated 64:12 participating 114:22 particular 13:14 102:6,17 137:1 197:4 particularly 71:23 parties 6:12 86:9 86:24 205:15,18 206:12,14 partner 13:19 party 7:1 40:20 155:10 181:12 pass 78:16 185:11 185:18 passed 104:24 path 73:15 172:25 patrol 68:18 69:5 69:7 71:15,21 72:5 73:4,8,14,20 170:23 pay 14:17 26:24 56:23,25 57:2,12 57:13 138:15 142:6,11 160:23 paying 22:20 201:10 payment 59:14,19 59:23 payroll 200:23 peace 40:5 78:24 185:2 peanut 173:5 198:15,16,19 penal 192:20 penalties 8:22 pending 6:16 10:24 pension 28:6 142:16 people 18:23,25 19:3,12 37:24 44:13 61:20,25 63:9 68:16 69:14 71:15 72:3,21 73:15 74:13,13 77:20 78:9 132:17 132:20 152:14 153:21 156:10 171:5,6,8 172:25 181:23,25 189:20 193:16,21,23 pepperdine 28:17 pepra 142:12 pepro 142:15 Page 26 Veritext Legal Solutions 866 299-5127 Page 633 CONFIDENTIAL [percent - prepa] percent 11:21 27:8 72:12 127:13 percentage 27:6,8 99:13 199:5 percipient 128:8 perfectly 187:8 performing 80:7 period 80:22 162:19,25 166:8 183:4,20 periodically 139:16 perjury 8:22 person 19:19 20:8 31:8,10,16 32:17 33:2 35:24 77:22 86:14 122:16 149:18 164:3 181:2 189:16 192:13 194:3 personal 56:1 97:8 98:10,15 99:6 140:5,8 163:10 personally 88:15 94:16 101:17 140:14 144:13 personnel 21:5 28:2 52:1 57:15 74:13 77:18 91:25 96:11 106:17 133:12,20 135:6 146:15,23,24 147:11,24 159:15 170:17 pertain 135:5 peruse 51:22 petition 107:4,7 185:11 petitioner 1:5 2:5 3:3 phil 153:24 phones 6:9 physically 28:21 29:16 pick 6:7 72:19 picture 170:10 piece 52:3 pile 72:3,19 pitch 133:16 166:15 pitfalls 165:10 place 6:9,12 38:16 49:18 51:10 53:20 58:11 63:18 68:16 69:25 70:13 82:21 86:3 87:19 96:22 125:16 133:18 138:13,13 139:10 153:13 154:9 159:9 162:2 166:23 175:12 185:5 190:10 196:16,17 placed 143:4,14 placement 141:25 plaintiff 1:5 2:5 3:3 planned 18:16 planning 165:5,12 191:11 197:9,18 plans 68:8 75:5,8 76:9 77:5 play 34:10,11 173:24 175:1 played 34:1,7 39:6 58:16 95:13 120:8 pleas 175:5 please 6:6,8 7:6,15 10:13,18 11:17,22 17:13 33:25 43:4 44:2 58:15 103:5 120:23 121:22 138:3 145:18 146:8 178:7 182:7 184:4 plus 43:2 89:6 160:23 podcast 132:15 point 33:4 45:8,12 47:25 84:14 86:25 87:16 158:23 165:22 172:13 173:14 179:7 198:3,4 points 148:22 police 23:18,21 24:1,4,6,9 51:11 58:5 192:22,23 policing 44:18,23 152:2 153:5 154:2 154:3 155:6 193:25 196:15 policy 15:2 33:6 150:8,12,19 154:11 157:18 193:4 political 174:5 178:20 pop 66:22 portended 172:21 position 28:5,7,8,9 31:9,10 32:18 33:2 42:6 55:11 55:22 56:10 60:25 68:20,22 69:6,22 69:24 70:2,5,11,14 70:18,20 71:18 72:14,21 73:4,5,23 75:19,24 79:3 90:25 92:6 124:17 124:20 133:8 137:8,10,21 138:14 141:13,16 141:22,25 142:6,7 142:9,24 143:1,4 143:11 144:15,24 145:13,15 146:17 148:13 169:9,9 176:22 184:9,18 188:14 200:8 positions 70:1,17 71:23,24 141:20 153:9,12,13,16 positive 125:13 189:21 possession 104:12 possibility 41:10 possible 41:6 66:11 194:11 possibly 36:11 post 38:13,15 39:25 40:4 56:12 62:7 133:2,3 184:14,15,17,18 185:1,3,4,5,8,11 185:14,19,20,23 186:2,8,18 187:11 187:20 188:15,17 posted 132:18,22 132:25 poster 175:13 potential 83:9 power 48:23 ppoa 196:18 practice 59:6 89:3 158:8 pre 133:19 preexisting 123:7 123:22 124:4 prefacing 176:25 preference 70:25 prepa 138:22 Page 27 Veritext Legal Solutions 866 299-5127 Page 634 CONFIDENTIAL [preparation - purpose] preparation 140:15 prepare 18:24 19:8,13,24 20:6,12 158:21 prepared 12:3 138:8 143:13 preparing 18:18 19:4 23:11 129:2 145:2 presence 180:25 181:18 present 3:15 7:3 34:23 35:1,23 43:14 46:5,11,15 48:2,20 49:12,25 50:14 62:7 63:15 79:10,12 84:15,24 86:2 87:1 115:12 134:10 presented 55:15 84:1 99:5,10 157:21 202:16 presenting 158:3 presents 157:23 press 189:15,19 pretty 41:7 56:14 75:6 82:13 88:4 110:11 129:22 178:12,21 previous 61:16 previously 89:7 97:2 150:2 principal 155:4 prior 16:5 26:2 39:24 41:16 42:18 49:12,25 56:9 81:5 98:4,7 108:12,19 142:24 150:7 184:22 186:23 189:9 195:22 206:5 private 6:7 privilege 9:14 11:1 17:23 20:20,22 22:1,24 23:6 49:1 49:3,24 113:6,14 118:1,4 119:9,10 120:13,22 123:16 124:2 125:6 privileged 11:11 11:12 21:24 49:1 119:23 120:15 121:12,21 123:23 probably 34:15 35:2 43:18,21 50:20 55:4 63:23 77:14 99:9 110:7 122:25 126:17 127:6,11 141:9,24 153:19 154:5 156:24 173:11 196:21 probation 185:18 problem 45:9 96:3 177:23 procedure 37:17 procedures 33:6 81:18 96:13,18,21 154:11 193:4 proceed 7:21 17:17 proceeding 7:5 15:13 205:9 proceedings 107:4 107:8 205:16 206:4,5,6,9 process 30:21 36:16 37:1,3,7,15 37:22 38:4,23 43:1 44:20 51:10 51:18 54:25 69:2 76:5 78:16 81:12 81:16,19 82:24,24 83:19 85:3 86:22 87:18 88:8 92:3 94:24 97:16 151:16 153:20 154:6 159:1,2,4,11 159:12,20 175:11 185:24 186:2,5,7,8 186:18 187:11,21 188:15 processes 33:16 68:9,14 74:8 75:5 76:20,21,21 produce 7:25 production 104:14 106:11 professional 157:8 profile 38:2 promote 68:15 69:4 70:2,14 71:19 promoted 70:5 72:15 73:12 74:3 135:21 promoting 69:14 promotion 68:17 70:10 78:8 133:8 136:15 137:2 promotional 33:16 68:9,14 74:7 75:5 promotions 69:8 76:2 proof 135:8 136:4 proper 151:16 properly 37:8 43:15 149:23 property 162:12 proposal 77:21 proposals 77:5 proposed 84:4 85:1 92:1,15 93:9 93:12 94:2,15 139:2,20 140:8 143:12 152:24 196:2,11 proposing 143:20 propriety 71:12 prospect 169:5 prospective 79:3 protect 196:23 protected 70:11 provide 11:13,17 69:10 80:1 125:24 126:3 165:9 168:15 provided 66:15 117:12 125:23 184:16 205:12 providing 118:25 119:2 pry 47:23 52:17 public 28:6 56:3 130:13,14,15 141:19 142:16 191:1,2 206:1,22 publicly 115:18 published 75:23 publishes 75:25 purchases 170:22 pure 32:1 100:6,7 purported 90:6 151:10 162:1 166:1,5 173:17 176:4 192:9 purportedly 161:20 162:19 163:1 183:22 purpose 11:13 19:4 123:8 137:16 140:7,8 Page 28 Veritext Legal Solutions 866 299-5127 Page 635 CONFIDENTIAL [purposes - recommendations] purposes 18:17 23:10 pursuant 2:18 10:1 pursue 17:3 push 45:16 pushback 63:20 63:20 pushing 179:12 put 31:7,8,9,15 32:17 33:1 42:21 42:24 54:19,21,25 55:6 56:2 61:8 63:18 65:21,25 66:4,9 69:25 71:17 78:16 133:10,17,23 141:13 142:3 143:21 153:21 188:13 190:10,23 200:22 putting 44:13 72:20 127:5 141:21 q qualified 206:8 qualify 14:1,2,3 15:19 qualifying 14:5 quarter 133:6 question 10:13,15 10:19,20,24 11:2,4 11:10 17:3,10,11 17:12,15 23:7,12 24:22 26:14 32:22 39:5,9,14,20 49:4 52:11 54:4,6,11 59:10 62:11 66:16 66:17 70:24 89:22 91:9 93:15 95:2 102:13 109:3,6,8 116:25 118:1 120:7,10,12,22 121:14 122:8 124:11 125:2 126:22 127:1 135:18 136:21 149:6 152:20 158:24 159:16 160:6,10 167:23 176:25 177:2 182:7 186:6,17,19 186:21,23 187:5,6 189:9,11 191:18 192:7 201:22 questioned 62:25 143:3 questioning 147:3 147:6,9 questions 5:1 9:1,4 10:7 16:20 18:3 20:23 66:7 117:4 117:6,17 122:6 136:10 148:18 164:17 166:7 170:1,10 183:4 193:9 199:15 201:15 202:8,9 quick 145:16 quinn 3:10 6:21 7:8 quinnemanuel.c... 3:12 quite 167:17 quote 120:6 151:4 198:15 r r 3:4 4:20 106:25 134:15 146:4 205:1 rachel 172:1 railroaded 181:19 raised 148:22 150:16 ram 79:25 80:2 106:25 ran 197:25 range 142:18 rank 12:22 24:2 24:14 25:10 135:21 167:8 197:24 ranking 60:14 152:14 167:11 180:11 181:23 rarely 199:3,4,6 ray 4:16 18:1 23:6 134:16 152:22 raymond 1:15 2:14 4:3,14 6:14 7:17 43:6,11 102:23 103:8,12 145:22 146:1 203:1 204:2,14 reach 88:5,10 142:13 reached 45:7 85:2 87:3 167:9 197:24 200:24 read 33:24 39:5 51:22 58:15 108:18,22 138:3 182:18 204:2 real 31:20,23 really 13:20 37:13 119:11 reason 13:1,14 15:23 16:2 24:8 25:18 31:15,20,23 32:5,9,17 33:2 35:15 146:25 173:8 reasonable 11:16 11:17 136:3 202:14 reasonably 17:5 135:4 reasoning 84:25 125:19 reasons 35:17 172:3 rebuilding 172:5,6 recall 40:15 44:2 93:23 149:24 187:13 receive 185:19 received 21:12 23:9 160:4 195:11 201:14 receiving 86:19 recertification 188:6 recertified 188:11 recess 43:8 65:15 103:9 119:18 145:23 177:24 reclassification 75:15 recognize 134:19 134:23 135:13 recognized 83:3 recollecting 198:25 recollection 130:23 recommendation 37:23 42:22 64:24 154:21 157:20,25 158:4,17,19 199:22 recommendations 77:17 85:11 184:17 195:3 Page 29 Veritext Legal Solutions 866 299-5127 Page 636 CONFIDENTIAL [recommended - rephrase] recommended 51:14 194:15 recommending 84:3 reconciliation 33:15 36:5,15,24 41:15 51:10,17 55:3 62:17 63:1,6 63:6 64:12,23 67:14,20,25 107:12 108:4 149:23 150:10 151:11,21 152:1 155:8,21 193:15 193:22 194:14 195:9,16 199:22 record 6:12 7:4 34:1,7 39:6 43:5,9 58:16 65:12,13,16 73:16 95:21 101:5 103:4,6,10 113:8 119:2,13,16,19,21 119:22,22 120:1,1 120:1,2,6,8 127:9 145:19,20,24 177:19,25 189:12 202:22,24 206:10 recorded 205:9 206:7 recording 6:11 155:16 203:3 205:12 206:9 records 96:11 106:5,8,10 recount 33:11 recruitment 133:18 red 11:4 reduced 206:7 reestablish 38:15 reference 96:1 185:3 198:15 referenced 21:10 70:17 89:7 93:8 95:6,19 116:25 132:11 144:2 148:8 198:24 references 111:14 referring 53:3,19 55:8 104:16 140:20,23 197:6 reflect 121:2 reform 28:6 142:16 refurbished 190:4 refurbishing 190:3 191:19 refusal 113:8 refuse 121:7 refused 120:19 121:1 122:1 refuses 49:5 refusing 49:23 122:3,3 regard 50:25 68:6 68:8 118:19 119:12 148:6 157:16 159:5 169:1 174:17 175:20,22 179:9 197:17 regarded 34:5 regarding 34:5 46:3 62:15 68:13 74:2,6,7 96:9 101:12 115:4 136:24 156:8 178:4 199:22 202:11 registered 62:24 regulations 76:20 rehire 38:7 42:18 50:11 148:16 154:20 184:8,11 184:12 rehired 41:24 43:1 49:25 56:12 188:16 200:10 rehiring 96:14,18 96:23 97:2 reinforce 77:7 reinitiating 200:18 reinstate 36:21 38:8,10 39:25 160:23 183:5 reinstated 38:14 39:16 43:1 97:5 161:20 162:19 163:1 183:8,22 184:14,16,18 185:10 200:10 reinstatement 50:12 56:9 96:19 96:23 156:8 162:1 166:1,2,5 173:17 183:22 184:21 192:9 194:11 201:22 reinstating 92:6 96:14 159:25 related 7:1 128:22 136:12 147:24 174:15 205:17 206:11 relationship 13:15 136:16 163:6,10 163:11 164:9 relative 206:13 relax 121:13 released 36:19,23 relevance 135:1 relevancy 135:24 relevant 17:4 135:3 rely 76:1 remain 23:21 24:11 145:11 remaining 126:18 remains 185:5 remarkable 161:3 remember 34:25 35:9 45:2,21 46:3 46:5,23 49:7,23 50:4,8,9 51:5 55:17 60:7 62:6 66:23,23 67:1,2,9 67:11,17 68:2 74:5,17 75:3 76:8 82:6,20 93:19,23 94:3 95:12 105:1 110:9 115:6 131:3 131:8,16 132:1,4 151:12 164:21 165:2 176:5 183:5 190:5 192:10 remembered 66:13 reminded 150:18 remove 40:1 60:25 92:16 removed 92:8,18 removing 104:22 153:18 rendered 151:13 156:7 182:19 renovated 190:4 repeat 120:6 repetitive 148:21 rephrase 10:19 54:4,11 89:22 93:15 Page 30 Veritext Legal Solutions 866 299-5127 Page 637 CONFIDENTIAL [replace - right] replace 111:24 replaced 105:8 106:8 report 151:13 182:18,19 reporter 1:21 2:18 6:24 7:15,21 10:9 10:11 12:4 17:14 102:20 134:13 137:22 146:2 205:7 reporting 26:18 represent 21:22 22:4,14,21 114:16 representative 79:12 84:13 86:23 111:6 113:3 representatives 87:17 represented 9:6 representing 7:11 7:12 113:10,23 114:12,22 118:9 represents 79:25 reprimand 15:4 request 27:17 77:21,25 84:10,20 86:20 134:8 136:25 144:22 145:5 166:12,19 requested 31:2 75:20 82:25 requesting 136:15 146:16 requests 77:17 103:24 104:14 106:11,12 require 83:15,16 required 9:3 96:4 requirement 69:17,18 71:3 72:4,8,10 73:17,25 74:14,15 78:12 82:20 88:13,18,24 89:7 96:9 145:9 requirements 68:15,23 69:8,19 69:21 70:1,4,13 72:18,21 74:2 75:11,11,12 81:22 82:6,10,20 138:18 138:22,22 143:5 148:14,15 185:20 rescind 38:23 rescinded 38:19 research 152:7 199:9 resign 30:1 resolution 196:2 resolved 158:10 resources 70:9 72:23 74:12,19 75:13,17 77:18 78:20 168:23 189:15 201:7 respect 14:3 respond 47:23 53:21 54:12 responded 150:13 respondent's 4:12 102:21 respondents 1:11 2:11 3:9 response 40:12,15 55:4 60:17 69:10 69:12 140:18 150:14 153:2 168:25 199:15 responses 54:15 responsibility 25:12 responsible 157:7 168:16,20 responsive 104:7 rest 133:20 restate 17:12 176:19 restoring 171:21 restrictions 142:12 restroom 177:22 result 14:10,19 74:1 101:8 123:23 resulted 13:9 results 45:15 154:15 resumed 65:19 retaliation 15:1,20 15:21 retire 25:16,22,25 81:5 retired 25:18 26:7 27:10,12 28:5 80:19,20,21 81:9 166:8 167:5,19 169:14 188:4,9 retirement 26:3 80:22,24 142:24 145:9 184:22 return 43:2 45:5 45:25 46:6 49:12 50:15 51:7 62:8 66:11,11 67:3 78:1 92:15 94:2 98:11 108:12,15 108:25 109:1 166:19 returned 27:17,20 27:24 46:9 108:9 109:12 132:8 178:5 returning 92:7 reveal 119:5 review 12:3 19:23 20:12 54:22 64:12 64:19 82:23 83:18 83:22,23 84:1,1,24 86:1 103:24 107:13 108:4 138:23 140:5,9 144:13,14,19 145:7 150:20 153:10 154:16,22 157:12,15,16,21 158:1,18,25 159:4 159:10,11,19 194:24 195:3,8,20 202:11 reviewed 54:18 83:10 122:22 150:3 152:9 196:13,19,20 reviewing 154:25 reviews 157:19 revise 150:20 revised 200:5 rhonda 4:21 146:4 146:20 richard 3:16 6:23 richardson 106:22 rick 121:15,17 124:21 151:24 152:19 154:8 155:2,19 rid 153:6 ride 106:1,3 right 8:20 17:10 26:16 35:20 40:7 40:11 46:18,23 50:5,12,25 51:5 52:8 53:10,15 54:10 56:4 58:12 Page 31 Veritext Legal Solutions 866 299-5127 Page 638 CONFIDENTIAL [right - service] 62:1 63:4 65:5 68:10 69:16 76:7 76:15 87:20 90:22 91:6,9 93:3 95:9 99:19 103:21 104:18 105:7,7 112:3,10,12 117:2 117:8 118:14 119:14,25 120:3 122:10 123:9,10 123:14,20 127:8 127:14,17 129:13 132:3,9 134:6 141:15 148:17,19 151:2,13 153:20 157:12 165:24 167:20 169:23 182:3 183:15 199:14 202:20 rise 199:20 risk 72:20 157:9 road 69:16 robbed 129:20 robberies 126:21 robbery 13:12 rodriguez 91:11 95:22 roel 31:1 35:2,5 43:24 44:6 45:4 45:19,24 55:19 56:14 60:9 role 42:9 61:4 76:22 95:13 124:23 128:6 157:15 168:19 171:1 173:24 roll 196:7 rolled 169:20 room 7:3 31:6 53:7 rose 167:14 round 71:14 rpr 1:23 205:23 rule 59:1 71:11,12 73:3 74:2 184:1 rules 38:13 76:19 162:10 rumors 171:20 run 28:10 65:5 133:19 139:6 177:22 running 133:21 s s 3:10 4:10 146:5,5 sachi 4:18 137:24 143:14 144:12 sacramento 30:20 safety 28:7,9 138:20 salary 141:25 142:18 sanchirico 3:5 7:13 sandra 133:8,19 133:24 135:21,25 136:8 137:2 sat 31:7 155:14 saw 27:8 52:5 60:5 64:16 saying 30:13 32:4 33:7 72:13 94:21 107:25 134:5 137:19 139:2,19 143:10 150:9 158:18 187:4 says 69:17 185:19 186:19 scheduled 171:25 science 28:19 scope 193:4 scott 190:10 scrutiny 189:18 search 104:2 seats 148:23 second 13:24 14:12,19 20:5 22:18 34:15,21 41:3,11 52:24 62:25 103:5 110:12 111:1 123:25,25 138:15 190:2 seconds 116:6 secret 118:24 secretary 105:23 139:12 143:22 144:4 172:1 section 192:20 security 79:21,24 79:24 80:1,7,15 see 51:13 52:18 54:23 61:11 62:3 62:4 103:18 139:13,15 143:24 146:10 161:12 162:4 163:2 172:4 seeing 45:14 93:23 seek 137:1 seen 47:6,7,14 58:25 59:7,13,13 59:18,22 selected 156:15 send 63:22,24 77:17,21,25 87:7 120:18 121:17 123:1 139:6 140:8 150:20 sending 121:6,25 124:15,20 125:4 senior 35:23 130:1 136:24 155:4 sense 63:22 99:12 157:10 167:17 179:13 sensitive 6:6 sent 60:23 61:1,15 63:25 64:5,5 84:6 85:12 86:21 92:5 120:25 121:9 123:6 137:2 138:23 139:2,4,5 140:9 141:4 143:9 144:16,18 146:15 146:15 150:8,12 150:18 158:23 sentence 160:13 september 80:16 sequence 50:23 sergeant 24:16 30:19,22 71:19,20 73:12,18,19,20,20 73:20,21,21,25 83:6 94:21 106:24 sergio 130:6,20 serve 29:12 128:23 198:5,8,11 served 21:5 26:25 29:22 103:15 128:10 198:2 service 26:20,20 38:11 39:3,10,16 39:22 44:15 70:11 72:22 78:22,23 79:5,15 80:8 87:15,15,18,24 88:9,11 99:2,2,3,7 99:14 127:21 128:1 179:14 182:18 184:17 198:24 201:24 202:5 Page 32 Veritext Legal Solutions 866 299-5127 Page 639 CONFIDENTIAL [services - sign] services 25:14 80:7 191:4,8 serving 30:19 71:7 78:10 128:21 session 4:5 130:13 130:16 set 63:10 83:22 151:15 settle 87:11,22 89:12 settled 59:24 89:18 93:19 settlement 42:24 45:16 56:8,24 57:5 58:21 59:5,7 59:13,18,22 60:13 88:8,10 90:7 91:2 91:13,15 92:2 94:15 95:18 176:4 176:9 200:23 201:1,8,12 settlements 60:3 89:3,23 93:9,10,11 93:12,18 94:4 95:3,14 settling 88:15,21 89:1 seven 37:25 82:17 94:9 175:12 198:4 severity 83:9 shake 107:23 shakes 10:8 shawn 4:20 144:21 146:4,19 148:6 sheet 204:6 sheriff 1:7 2:7 4:12 7:9 15:11 24:7,16 27:18 28:10,11 29:13,17 30:7,9,11 31:1,8 31:15,21 34:18 170:4,19 174:5 35:1,10 36:3 178:12,14,15 38:10 40:9,11,21 179:12,24,25 41:5,14,24 42:8,10 184:19,20,23 42:11,13,23 43:16 188:7,8,9,11,12,14 43:25 44:10,16,22 188:14 190:20 45:4,24 46:6,12,25 191:15 192:14,17 47:7 48:6,14,21,23 192:24 193:17 49:13,20 50:1 194:10,16,20 51:20,24 54:22 195:19 197:7,11 55:23,25 56:5 197:14,20,25 57:19,20 58:1,10 199:10,16 200:9 60:10,22,24 61:15 200:13,15,19,23 61:16,18 62:9,15 201:12,21 63:2,5 64:22 sheriff's 1:7,9 2:7 65:22 66:1 67:13 2:9,15 4:13 7:10 67:19 69:10 70:15 8:14 12:13,17 76:13 78:17 79:1 15:17 29:23 30:2 79:9 81:8 82:22 30:16,23 31:6 86:19 92:6,13,22 40:24 41:12 45:9 93:25 97:25 45:20 55:20 57:24 101:20 102:8,22 61:8 67:24 68:6,8 104:22 105:11 68:13 73:3 75:5,8 108:14,25 109:23 75:16 76:6,9,18,25 110:25 116:12 78:25 79:2,4,16 121:3,6 124:16 87:9 98:11 102:22 129:9 130:5,6,23 107:3,3,18 108:18 130:24 131:3,9,21 113:16 114:18 133:10 134:6,12 115:11 116:9 137:8,9 138:23 121:25 123:11 139:3,7 140:14 125:25 133:9 143:17 144:12,19 136:9 138:15 144:22 147:24 140:5 141:18 148:9 149:9 144:20 149:22 151:22 152:8,17 159:5 162:6 163:6 152:17,21 154:11 165:1 168:23 155:13 156:11 169:11 171:21 159:12 160:2 172:5,7 175:1 161:12 162:3,5 176:5 179:7 163:12 164:18,23 180:11 181:3 166:14 167:1,9 184:23 187:22 168:18,18 169:15 189:16,18 190:8,9 190:22 192:16,18 197:20 200:14,17 200:21,22 201:2,5 201:23 sheriffs 72:25 83:24 84:18,25 86:1 108:5 154:24 157:4,22 159:6 171:10 172:2 177:11 179:22,23 180:6,12 190:19 191:15 195:5 198:20,23 199:1 sherman 171:19 190:8 shocked 105:20 shocking 91:3 shook 31:12 105:5 105:5 107:22 shoot 14:4 short 48:3 65:3 119:9,12 177:17 shorten 85:15 shorthand 205:7 205:11 shortly 62:11 show 69:17 showed 61:22 146:11 showing 53:22 135:10 136:11 shown 47:5,11 49:9 91:12 shutting 136:2 sic 80:9 138:8 159:19 side 124:24 141:17 sides 158:16 sign 88:15,21 89:1 139:13,14 143:24 Page 33 Veritext Legal Solutions 866 299-5127 Page 640 CONFIDENTIAL [sign - statements] 158:17 166:1 176:9 signature 56:24 139:22 140:5 143:15,21 144:2 144:11,19 205:23 206:21 signatures 202:11 202:12 signed 42:25 56:8 60:13,18,18 92:10 135:20 136:14 143:25 176:4 201:9,12 204:6 significant 94:14 silva 64:4 similar 54:15 171:5 simply 11:5,6 123:23 136:16 sir 8:5,18 14:21 16:1,4,10 19:6 25:17 26:17,21 28:25 29:3,5,21 30:14 45:1 53:8 81:14,17 97:17,19 98:6,9 103:19,22 104:15,19 106:6,9 106:13 107:6,10 111:9 112:16,20 115:19 126:2 143:16,18 144:3 164:7 167:13 sit 62:1 132:2 155:18 193:21 194:4,7 sitting 61:23 130:10,19 131:1 131:10,19 situation 124:25 six 37:25 51:2,6 69:15 82:17 91:15 92:1,1,7,7 94:13 153:23 175:12 skelly 84:10 86:20 86:25 skewed 52:21 skewing 51:25 52:4 skills 206:10 skip 3:4 7:11 17:1 19:2 90:10,18 slap 61:24 sleeves 169:20 sliding 47:4,22 53:24 slow 77:20 slowed 78:4 small 94:10,22 smaller 94:7 smiller 3:7 smith 3:16 6:23 snickering 131:8 131:12,13 social 110:1 163:10 solely 78:24 solis 133:8,24 135:21,25 136:8 136:16 solis's 136:15 137:2 solutions 6:25 somebody 41:22 42:15 176:21 somebody's 68:25 someplace 56:3 72:17 soon 105:16 147:2 sorry 25:5 31:18 80:11,24 90:13 98:19 144:6 149:11,16 160:18 171:16 sort 106:5 sound 149:12 sounds 48:8 118:4 176:21 source 111:7 129:11 142:17,19 162:20 south 2:16 3:11 6:21 speak 110:20 112:13 113:10,17 113:23 114:12 115:3,24 116:12 speaker 10:13 speaking 126:19 speaks 99:4 spec 75:11 specific 13:9 25:12 34:25 42:9 62:11 62:11 85:16 88:3 195:23 specifically 61:21 67:1 164:24 specifications 70:6 75:23 specs 68:21,24 70:12 76:2 speculate 31:25 32:20,21 99:24 101:1 115:5 160:10,14,19 speculation 31:24 32:1,6 101:5 162:22 163:8,20 168:2 176:12 177:1 180:22 181:9,16 182:12 182:24 183:12 186:10 191:25 spell 144:8 spending 174:5 spent 191:19 spoke 110:12 129:1 sporting 177:5 spot 138:19 140:25 141:2,5,17 springs 61:18 stack 72:6,7 stadium 80:2 staff 49:20 57:23 117:2 130:2 152:6 172:8 stage 97:15 stand 119:24 standards 40:5 157:8 185:2 stars 3:5 start 34:2,3 86:21 100:8 133:13 started 34:4 47:12 51:12 77:11,24 141:21 169:23 197:21 starting 124:1 state 1:1 2:1 7:3,6 16:18,21 17:2 22:11 28:20 70:1 90:9,12 126:20 143:6 145:8,11 148:14 168:22 185:21 193:5 205:3 206:23 stated 55:11 69:23 statement 150:13 168:25 182:10 statements 8:23 53:14 Page 34 Veritext Legal Solutions 866 299-5127 Page 641 CONFIDENTIAL [stating - talked] stating 39:12 station 91:14 93:22 164:2,10,11 status 60:20 stay 49:16,21 61:1 98:24 148:24 171:1 stayed 111:9 staying 171:1 steve 51:19 79:10 151:8,8,9 stipulation 9:23 202:11 stood 31:11 40:7 stop 136:21 160:16 173:4 178:16 stopped 45:13 stored 104:17 story 130:17 straight 127:14 strange 51:17 street 2:17 3:11 6:21 191:2 stretch 109:17 strike 18:9 19:18 25:15 27:11 28:22 29:25 30:12 43:13 46:3 67:10 80:3 81:4 93:14 96:19 97:9,10 104:20 106:15 109:10 112:25 113:21 114:5 115:2,10 117:10 132:5 136:25 174:12 183:18 189:8 201:4 structure 194:23 study 75:15,18 stuff 60:14 105:16 140:1 170:17 stunned 157:11 subject 8:22 12:13 12:24,25 17:5 20:16 21:5,12 48:17 109:21 135:3 195:8 submission 144:22 submit 83:17 submitted 144:10 200:18 201:3,6,8 submitting 145:5 subpoena 8:1 21:6 21:13 103:2,14,23 103:24,25 104:4,8 subpoenaed 16:6 subsequent 15:5,8 56:21 140:17 subsequently 29:1 151:11 substance 116:13 116:15 substituted 66:6 successful 167:1 sue 68:25 72:17 sued 69:9 72:13 197:20 suffering 27:7 suggesting 143:19 197:14 suite 3:5 sullivan 3:10 sum 116:13,15 superior 1:1 2:1 6:17 107:4,8 201:24 supervisor 58:22 59:9,16,25 73:13 supervisors 49:2 72:6 89:13 108:14 108:24 109:8 116:19,23 117:1,1 117:17 130:4,8 131:9,19,22 179:4 197:19 supervisory 69:6 73:4,5,7 support 102:8 121:6 149:7,7 182:8 supported 52:5,20 68:23 106:15,17 153:17 supporting 40:23 124:16,19 supportive 153:12 supposed 17:17,21 18:7 30:20 44:17 84:23 152:2 164:20 supposedly 161:19 sure 10:2,5 11:21 11:22,24 19:11 22:19 33:23 51:15 82:14 91:12 96:11 119:11 143:4 145:8,12 154:10 196:20 202:13 surfaced 88:6 surprised 156:25 surrounding 30:5 30:15 98:3 survey 71:17 suspect 102:16 suspects 13:12 suspension 14:17 14:19 157:14 swear 7:15 sworn 7:18 28:2,3 31:8,10,16 32:17 33:2 41:4 78:24 206:6 t t 4:10 205:1,1 table 61:23 62:2 71:14 take 6:12 10:12,24 11:6,12 14:4 38:16 43:3,7 56:18 57:22,24 58:9 61:9 65:3,4,4 65:8 69:3 74:21 77:23,23 78:15 82:14 84:23 87:18 105:22 116:5 118:14 119:9,12 123:24 139:12 143:22,23 145:16 146:8 148:25 150:20 154:17 156:11 185:11 192:23 taken 1:16 2:14 6:14 43:8 65:15 85:25 92:20 103:9 119:18,24 145:23 177:24 205:11 206:4,12 takes 76:4,4,5 talk 11:7 85:17 110:24,25 111:13 111:17,20 114:24 116:10 119:10 124:1 169:22 174:18 175:25 176:1 177:8,12 talked 108:5 109:16 111:16,19 111:21 115:1 116:1,16 119:22 139:8,10 140:16 141:20,24 151:22 Page 35 Veritext Legal Solutions 866 299-5127 Page 642 CONFIDENTIAL [talked - ticket] 151:22 153:4 157:5 169:11 189:1 talking 36:6,8 50:19 51:12 53:18 61:24 78:21 92:4 112:12 157:3 168:8 183:7 198:21 tapping 47:15,19 54:2 tax 129:20 team 98:1 154:23 173:2,7 191:3 technical 191:4,8 teletype 133:23 tell 18:19 23:13 30:11,15 32:4 44:2 46:23 49:8 49:20,24 51:1,5 55:17 61:21 63:4 100:14 117:23,23 122:18,20 135:23 140:23 156:11 160:13 174:17,19 174:21 175:5 178:7 184:4 telling 35:12 86:17 87:7 90:10 100:25 153:7 temple 190:15 ten 68:18 69:5,6 70:20 71:1 72:5 73:3,4,6 74:14 86:20 tend 100:8 tenure 70:17,18 99:1 term 199:6 terminate 39:24 52:2 202:24 terminated 38:11 79:16 80:8,13 87:8 93:4 94:1 112:19 150:8,24 150:25 185:7 195:6 terms 9:18 50:22 terri 1:23 205:7,23 test 78:15,15,21,22 78:24 79:2,5,6 testified 7:19 41:2 43:17 46:18 47:14 48:16,16 66:23 67:3 79:8 93:10 101:21 102:2 108:10 111:7 113:12 114:7 126:11,25 127:10 129:8 149:21 151:5 164:23 167:5 174:15 176:7 183:3 187:10 188:24 189:4 190:3 201:21 testify 18:1 19:24 20:13,21 128:16 130:15 197:2 testifying 16:25 22:12 128:22 206:6 testimony 15:24 16:3 17:24 20:2 22:21 40:11 51:25 93:7 148:1 149:24 164:16,21 172:19 176:25 186:22 187:13,15,24 188:21 199:15,17 204:3,5 testing 78:20 thank 7:14,21 31:11 34:8 58:17 124:10 thanked 111:24 150:17 thereto 205:18 thing 34:4,10 64:16 68:7 75:7 76:12 88:5 111:23 120:14 150:7 156:9 171:7,8 174:24 181:25 201:20 things 33:11,21 36:3,8 38:16 51:2 62:14,21 77:24 78:7 110:4 133:14 133:20 166:20 170:24 172:15 189:21,21 200:2 think 11:10 16:14 17:14,20 23:3 31:3 34:3,6 36:5 38:9,13,18 47:7 51:15,19 52:11 55:13 60:16 63:1 68:1,7 75:6,7 76:12 79:25 80:4 85:21,24 90:4,15 91:1,19 94:1 104:24 110:4 111:20 115:16 118:12 121:20 123:22 124:19 125:1,4 126:22 127:13 128:25 142:11 147:7,10 147:12,18 149:21 150:9 151:5 156:12 158:10 169:25 172:10,20 172:22 175:18 176:8 177:3 180:20 183:15 191:3 195:23 199:19 thinking 15:25 35:17 121:13 196:21 third 15:19 41:13 68:7 95:7,8 112:7 112:8 thirteen 198:10 thorough 148:20 thought 20:15 21:6,11 32:5,12,25 34:4 35:13 37:4,8 51:17 124:25 125:9 130:21,21 131:22 132:2 152:24 166:20,23 189:4,13 199:14 thoughts 167:2 thousand 57:4,10 58:20,21 59:4,8,14 59:19,23 78:8 89:6,8 133:13 three 15:16 18:25 19:3 29:15 64:14 69:3 72:25 92:8 92:16,19 94:8,9 108:5 110:14 148:2 154:5 155:14 156:10 164:1 171:9 172:1 178:22 180:5 185:6 193:16,23 194:25 throwing 72:23 ticket 170:16,21 Page 36 Veritext Legal Solutions 866 299-5127 Page 643 CONFIDENTIAL [tim - try] tim 51:19 60:15 105:6 130:6,20,21 151:5 175:25 time 6:5 7:6 10:13 12:20,22 13:17,19 14:10,15,20 15:12 16:15 17:8 18:14 19:10 20:5 23:16 24:1,12 25:7,10 26:3,12 27:1,10,13 27:19,24 29:6 30:8 31:3 34:14 34:20 35:13 36:11 36:22 37:23 38:24 42:19 43:5,10 44:3,24 56:21 61:5 64:3,6 65:14 65:17 67:23 74:21 74:21 76:4 78:6 81:8 82:11,14,19 83:12 86:3 87:23 89:19,21,23 93:13 94:6 95:4 97:20 98:4,7 99:23 102:10 103:7,11 104:11,21,23,24 107:8 108:19,21 109:11,11,17,22 110:12 111:12 113:9,16 114:6,20 116:17 117:11 118:19 119:6,17 119:20 120:25 125:20 126:4,8 127:6,13,16 130:19 132:7 133:1 136:14 137:20 144:1,2,10 145:2,21,25 148:18 149:24 150:7 151:3 155:25 159:7,8,16 162:18,25 166:7,8 172:15 173:14,22 177:16,20 178:1,5 178:18 179:11 183:4,10,20 189:22 190:13 193:10 196:1 197:21 199:7 200:9 201:16 timelines 195:23 times 8:6 11:15,20 12:16 15:16 19:7 33:10 43:23 44:1 44:21 45:14 50:14 50:18,20 51:1 109:15,16 118:15 126:13,15,23 127:10,11,22 128:12,13,25 162:3,4,7,8 163:2 163:4 tired 33:5,6 35:11 100:9 202:19 title 27:19 29:2,7 51:16,16 132:23 133:1 137:13,18 137:19 150:2,5 titled 137:8,11 today 8:19 9:6 15:24 16:3 31:11 43:17 46:21 102:2 103:21 104:7 108:10 113:2,12 114:7 129:9 132:2 today's 6:4 told 13:13 30:17 30:23 31:17,24 32:8,20 33:1,8,11 33:13,14,16,17,20 34:12,14,21 35:12 35:16,21 37:10,14 40:9 41:22,23 42:12,15 45:2,19 45:19,21 46:2,4,17 49:7,11,22 50:7,10 57:15,17 58:1,19 61:1,12 62:4,6,23 67:9,11,17,24 68:3 68:20 74:5,9 75:3 76:7 84:4 85:20 94:3,14 95:3,12 96:12,17,21 101:1 104:21 105:7,9,18 105:19,23,24 106:7 107:21 110:9,23 111:22 111:23 112:25 113:1 123:1 125:10 126:5 143:23 160:10 168:13 172:24 176:7,21 top 4:20 34:3,3 93:24 146:3 173:5 180:19 181:3,23 182:10 191:14,14 topic 44:10 46:9 48:1 49:16,21 total 95:10 198:6,9 198:12 towers 190:21 training 40:5 185:2 transcribe 205:9 transcribed 1:23 10:8 transcribing 10:11 transcript 12:3 205:10 transcription 204:4 205:10 transcriptionist 205:8 206:8 transcripts 131:6 transfer 106:8 transition 98:1 145:12 transitioning 188:18 transmission 144:11,11 transpired 15:2 62:13 105:18 trial 6:16 126:11 127:11 128:4 tried 47:15 49:16 49:21 98:24 111:17 174:18,19 174:21 trimester 14:1,5 trivial 13:22 troops 105:22 trouble 68:25 69:19 154:12 true 22:9 33:2 66:3 204:4 205:10 206:9 truth 33:15 36:4 36:15,24 41:15 51:10,16 55:2 62:17 63:1,6,6 64:12,22 67:14,19 67:25 99:10 107:12 108:3 149:22 150:10 151:10,21 152:1 155:8,21 193:15 193:22 194:14 195:8,15 199:21 truthful 16:3 try 85:15 90:24 118:24 148:21 Page 37 Veritext Legal Solutions 866 299-5127 Page 644 CONFIDENTIAL [try - valid] 171:3 187:7,7 199:9 trying 24:25 33:5 33:17,19 36:21,23 44:17,20 45:16 47:3,19,22 49:17 49:22 50:7 52:16 52:18 53:13 54:25 68:2 77:7 78:6 116:9 127:9 136:3 137:14,20 142:6 151:24 154:15 171:1 175:13 186:24 196:24 tunnel 27:5 turmoil 166:22 turn 6:8 twice 12:18 19:9 twin 190:21 two 14:22 19:15 21:9 27:4 36:18 36:19 38:12,12 39:3,17,24 43:1 45:14 49:15,19 50:4 51:20 56:9 56:11 57:6 60:13 66:3 69:3 70:19 72:24 73:18,22 77:23,23 83:24 84:17,25 86:1,9 91:10 92:8 93:7,9 93:16 94:20 95:5 95:20 110:14 111:15 128:25 133:17,21 134:14 137:23 141:16 146:3 152:2,5 153:8,24 154:5,24 155:5,18 157:22 160:23,24 163:5 172:2 175:21 183:13,23,24 184:1 185:5,8,10 193:25 195:14,22 type 8:10 11:11 22:3 37:3 44:20 65:21 69:23 79:19 126:18 127:16,19 128:16 136:16 144:12 202:10 types 8:16 126:24 127:25 195:2 197:4,6,10 typewriting 206:7 typical 73:15 u ultimate 70:15 199:21 200:4 ultimately 103:20 153:8 194:16 ultra 91:2 um 22:18 33:20,22 165:16 166:20 umbrella 193:7 un 27:4 121:11 142:11 144:5 unauthorized 91:2 unbecoming 17:7 136:20 undergraduate 28:18 undersheriff 4:16 24:20 27:18,21,24 29:2,11 31:16 83:24 84:17,24 86:1,10 109:25 120:16 134:16 137:15,18,20 138:19 142:5,10 142:22 146:16 154:24 157:22 167:4 168:19 169:9,12,13,17 191:15 undersheriffs 190:19 understand 8:19 8:25 9:4,17 10:9 10:16,19,21 11:2,8 11:13,25 12:6 26:14 32:11 39:14 39:20,21 51:9 54:16 58:19 62:18 68:10 99:11 100:21,24 117:5 175:17 179:2,10 179:11 198:25 199:17,21 200:12 understanding 11:24 22:3,7,13 36:20 37:13 41:25 42:5 58:24 59:2 61:8 63:12 96:8 97:11 132:14 168:18 193:14 200:4 understood 10:21 25:2,3 30:8 42:10 104:18 106:18 114:16,21 116:25 undo 60:16 unfounded 15:9 15:10,14 uniform 57:18 uniforms 192:17 unilaterally 33:22 union 84:12 86:23 union's 196:14 unions 74:22 75:21 150:6 196:12,18 unit 6:13 15:3 83:1 83:6,11 94:14 units 191:12 university 28:15 28:17,20 unnecessary 17:7 136:20 unsigned 4:17 137:23 138:7 upheld 39:10 99:3 99:8 179:14 199:3 199:3 upholding 182:22 198:24 upper 181:2 uproar 175:9 upset 90:13 179:3 179:4,4,5,6 urquhart 3:10 usage 137:17 use 37:14 62:1 75:25 128:2,4 135:8 142:1,1,21 144:18 196:9 usual 119:24 148:20 usually 44:7 86:23 178:10 v v 144:9 vacant 141:14 vague 66:19 153:3 162:13 167:22 168:2 170:7 172:19 174:2 176:25 180:21 181:8,15 182:5,11 186:15,21 188:20 202:1 valencia 42:2 115:15 valid 38:6 90:8 Page 38 Veritext Legal Solutions 866 299-5127 Page 645 CONFIDENTIAL [validated - way] validated 47:16 variety 36:8 various 103:20 166:9 vazquez 1:21 2:17 6:24 206:3,21 vehicle 57:19 192:18 vera 35:6,6 42:25 46:13 48:21 51:19 56:8 60:13 64:17 79:9 91:20 92:10 151:6 175:2,3,20 176:3 177:9 180:2 180:10 181:24 verbiage 145:10 veritext 6:25 version 150:21 vetted 70:8 143:1 victor 144:9 video 6:11,13 47:11,16,17 48:2,2 49:9 52:5,6,9,14 52:16,20 53:6,7,8 53:10,10,15,18,22 54:13,17 55:11,14 145:22 146:1 202:24 videographer 3:16 6:4,23 7:14 43:4,9 65:7,10,13,16 103:6,10 119:13 119:16,19 120:2,9 120:11 145:18,20 145:24 148:23 177:19,25 202:25 videotape 47:2 videotaped 1:15 2:14 view 36:13,14 40:24 52:22 54:13 55:20 56:3 66:10 67:23 71:11 75:4 178:25 179:8 194:23 197:2,11 views 67:13 68:5 97:8 98:10,15,19 98:20 101:22 villanueva 1:7 2:7 4:12,18 6:16 7:9 27:18 29:13,18 34:18 35:11 96:22 101:8,12,16 102:3 102:22 104:22 108:14 109:23 111:14 112:15,19 121:3,6 129:10,16 129:25 130:5,24 131:3,9,18,21 136:24 138:1 143:13 144:13 149:6 152:11,21 152:21 155:7,23 156:16 159:17 160:21 162:4 163:3,12,23 164:18,23 166:14 167:8 173:19 177:9 180:16 181:4 182:9,17 183:23,25 186:3 187:12,21 191:23 197:3,7,11 199:10 199:16 villanueva's 124:16 163:16,18 violate 145:13 violating 193:5 violations 126:20 157:18 violative 135:11 violence 38:2 55:25 91:17 93:1 vires 91:2 vision 194:19 vivian 163:18,23 164:1 voiced 57:1 92:13 173:16 volumes 99:4 vs 1:6 2:6 6:15 w wait 10:13,14 17:22 52:24 54:5 54:5,5 117:25,25 121:11,11 123:25 123:25 134:24,24 139:15 143:25 171:6 waiting 105:11 waive 124:1 waived 49:1 walk 105:6 walked 31:13 104:6,11,23 105:9 105:14,23 106:2 107:22 111:25 113:16,19 want 11:5,7 18:1 37:14,24 40:13 56:18 57:23 63:21 65:10 69:12,13,13 70:20 71:18,22,25 74:10 90:9 101:1 101:22 105:15 118:5 119:21 124:1,6 144:13 147:5 148:23 157:13,14 160:19 161:11 165:21 166:7 170:10 189:3 202:17 wanted 31:15 32:9 32:17 33:1,9,9,12 33:14 34:13,22 35:22 36:4,13 40:10,19,21 43:16 43:25 44:10 45:5 45:25 46:7 49:14 50:2 62:16,17 63:2,7,8 64:23 65:23 67:15 73:6 73:13 74:7 78:7 108:25 109:25 110:23 111:3,22 122:18,21 126:4 142:1 145:7,11,12 152:3 153:6,10,16 156:6 161:1 165:11,17 168:10 169:10 181:3 183:2,25 wanting 36:3 wants 56:16 58:2 58:11 175:17 196:16 warranted 200:6 warranting 199:12 wasting 17:8 179:11 189:22,22 way 33:7,9,12,13 33:15,17,18 34:13 34:22 35:10,22 36:13 38:6 40:10 40:19,21 41:25 43:16,25 45:5,25 46:6 49:14 50:1 60:11 62:8,15,17 63:2,7 64:23 74:7 78:14 81:11 96:4 102:7,17 124:10 125:17 126:5 Page 39 Veritext Legal Solutions 866 299-5127 Page 646 CONFIDENTIAL [way - year] 144:22 152:22,23 152:24 161:11 163:23 164:9 165:25 171:12,12 173:16,20,24 174:5 176:3 178:19 182:17 184:2 191:18 195:19 196:23 205:16 we've 23:13 52:3,6 52:21 86:5 189:1 weapon 14:4 192:14 website 132:17 wednesday 133:22 weeds 171:1 week 22:18 34:15 34:21 41:3,11,13 43:21 94:20 110:7 134:2 151:11 156:24 160:4 165:16 weeks 24:13 37:12 77:23 110:14 139:17 141:9 154:5,5 went 30:24,25 31:5 32:25 88:8 99:1,7 105:10 107:15,24 119:22 133:10 157:3,5 169:20 170:2 172:15 182:9 186:1 west 164:10 190:15 whatever's 202:13 whatsoever 97:12 136:1 whispering 6:7 whoa 171:6 wide 136:6 wife 20:19,21,25 21:2,9 163:18 167:3 169:17 willing 49:8 202:13 window 47:16,19 52:15 54:3 wish 31:12 wished 111:25 withdraw 17:3 177:2 withholding 106:10 witness 4:2 7:12 7:15 9:25 18:21 21:16 22:22,24 23:14 32:2,23 35:5 38:22 39:21 53:4 67:7 82:4,16 88:1 90:11 95:24 96:6 100:1,10 111:17 112:13 115:7 121:15 125:12 126:11 127:4,10 128:6,7,8 128:10,23 130:14 131:14 132:12,14 132:22,25 133:2,4 149:17 151:18 153:4 160:16 161:23 162:15,23 163:14,21 164:13 168:3 170:12 172:20 174:3 176:17 180:23 182:13,25 183:13 184:8 185:17 187:16 188:22 192:1,5 202:2 206:5 witness's 172:19 186:22 187:15 188:21 witnesses 100:8 women 179:3 won 28:13 word 66:7 192:9 192:12 words 10:8,12 35:15 163:10 174:14 work 14:11,15,20 25:20 28:22 29:17 33:20 34:17 37:21 39:25 45:25 46:6 61:2,5,7 62:8 76:14,23 77:2,3,4 77:8,20 80:9 132:5 133:14 165:21 167:4 169:20 173:6 179:12 194:14 202:14 worked 42:9 56:12 71:20 79:21,22 80:1,4,13 82:11 85:3 98:2 132:7 164:2 workers 136:17 working 33:5 41:24 56:5 57:6 63:17 74:23,24 76:5 80:15 82:8 88:9 110:5 124:23 141:14 164:18 165:7 170:23 171:8,12 173:12 184:23 works 79:25 worry 168:24 worse 172:17 worth 132:2 worthy 131:23 199:23 writ 107:4,7 write 149:19 writing 65:25 66:4 66:10 written 9:8 15:4 21:18 65:21 69:23 78:15,15 157:19 wrong 56:4 181:21 199:17,19 wrongfully 195:6 wrote 62:25 x x 4:1,10 y y 134:15 146:5 yea 86:4 158:15,16 yeah 16:19 32:25 50:6 54:16 56:15 60:12 61:22 62:10 65:11,12 69:24 79:19 80:12 82:24 83:20 90:4,8 91:3 97:15 110:11 120:11 123:19 128:3 135:2,17 140:18 149:13 153:20 154:7 159:15 161:7 169:2 171:24 172:6 178:9 183:2 189:7 192:1 200:2 year 26:5,7,16,19 26:20,25 71:1 73:24 74:14 142:5 Page 40 Veritext Legal Solutions 866 299-5127 Page 647 CONFIDENTIAL [year - zero] 156:23 184:1 185:18 years 13:21 23:23 24:13,14 25:8,20 36:18,19 38:12,12 39:3,17,24 43:2 56:9,11 59:2 60:14 68:18 69:3 69:5,6,15,15 70:19 70:21 71:18,20 72:5 73:3,4,7,13 73:18,22 82:15,17 90:19 124:22 125:15 128:15,15 159:6 160:23,24 164:4,5 183:13,23 183:24 185:6,6,8 185:10 195:14,22 198:2,4,5,7,8,11 yesterday 20:7 129:23 young 72:16 z zero 83:12 85:4 Page 41 Veritext Legal Solutions 866 299-5127 Page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age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age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age 651 VERITEXT LEGAL SOLUTIONS COMPANY CERTIFICATE AND DISCLOSURE STATEMENT Veritext Legal Solutions represents that the foregoing transcript is a true, correct and complete transcript of the colloquies, questions and answers as submitted by the court reporter. Veritext Legal Solutions further represents that the attached exhibits, if any, are true, correct and complete documents as submitted by the court reporter and/or attorneys in relation to this deposition and that the documents were processed in accordance with our litigation support and production standards. Veritext Legal Solutions is committed to maintaining the confidentiality of client and witness information, in accordance with the regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA), as amended with respect to protected health information and the Gramm-Leach-Bliley Act, as amended, with respect to Personally Identifiable Information (PII). Physical transcripts and exhibits are managed under strict facility and personnel access controls. Electronic files of documents are stored in encrypted form and are transmitted in an encrypted fashion to authenticated parties who are permitted to access the material. Our data is hosted in a Tier 4 SSAE 16 certified facility. Veritext Legal Solutions complies with all federal and State regulations with respect to the provision of court reporting services, and maintains its neutrality and independence regardless of relationship or the financial outcome of any litigation. Veritext requires adherence to the foregoing professional and ethical standards from all of its subcontractors in their independent contractor agreements. Inquiries about Veritext Legal Solutions' confidentiality and security policies and practices should be directed to Veritext's Client Services Associates indicated on the cover of this document or at www.veritext.com. Page 652 I n i I ,.... r 1 2 3 4 5 6 Steven G. Madison (BarNo. 101006) stevemadison@quinnemanuel.com John Gordon (Bar No. 112750) johngordon@quinnemanuel.com T. Scott Mills (Bar No.3 13554) scottmills@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 865 South Figueroa Street, 1Oth Floor Los Angeles, California 90017-2543 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 7 Attorneys for Sheriff Alex Villanueva and Los Angeles County Sheriff's Department 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF LOS ANGELES 11 CENTRAL DISTRICT 12 COUNTY OF LOS ANGELES, CASE NO. 19STCP00630 13 RESPONDENTSillEFENDANTS SHERIFF ALEX VILLANUEVA AND LOS ANGELES COUNTY SHERIFF'S DEPARTMENT'S NOTICE OF DEPOSITION OF RAYMOND LEYVA 14 15 Petitioner/Plaintiff, vs. ALEX VILLANUEVA, Sheriff of Los Angeles County Sheriff's Department; 16 CAREN CARL MANDOYAN, an individual; LOS ANGELES COUNTY SHERIFF'S 17 DEPARTMENT; and DOES 1 through 10, inclusive, 18 Respondents/Defendants. 19 Date: Time: Place: May 31,2019 9:00 am Quinn Emanuel Urquhart & Sullivan 65 S. Figueroa Street, lOth Floor Los Angeles, California 90017 20 21 22 23 24 25 26 tl1CEXHIBIT~ Deponent L. e iVa. Date &/7 / IIi Rptr~ WWW.DEPOBOOLCOM 27 28 08988.()()()01/1 0848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 653 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that, pW"Suant to California Code of Civil Procedure § 2025.010, 3 et seq., Respondents/Defendants Sheriff Alex Villanueva and the Los Angeles County Sheriff's 4 Department will take the deposition of Raymond Leyva on Friday, May 31, 2019 at 9:00a.m., at 5 the offices of Quinn Emanuel Urquhart & Sullivan, located at 865 South Figueroa Street, lOth 6 Floor, Los Angeles, California 90017 continuing from day to day until completed, excluding 7 8 Saturdays, Sundays, and legal holidays. A copy of the subpoena is attached as Exhibit 1. PLEASE TAKE FURTHER NOTICE that the deposition will be recorded stenographically 9 and videotaped, and may be used at trial. The deposition may also be recorded through the instant 10 visual display of the testimony. The deposition will be taken before a notary public or authorized 11 12 officers. PLEASE TAKE FURTHER NOTICE that, pursuant to California Code of Civil Procedure 13 section 2025280 the deponent is to produce at the deposition the documents set forth in Exhibit A. 14 QUINN EMANUEL URQUHART & SULLIVAN, LLP ~../~.~ ~'-!V By ~~~~~------------------------ John S. Gordon Attorneys for Sheriff Alex Villanueva and Los Angeles County Sheriff's Department -208988-00001/10848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 654 r 1 EXIITBITA 2 DEFINITIONS 3 4 5 1. "BOARD OF SUPERVISORS" means the Los Angeles County Board of Supervisors and Executive Office of Los Angeles County Board of Supervisors. 2. "COMMISSION" means Los Angeles County Civil Service Commission and 6 Office of Los Angeles County Civil Service Commission. 7 3. "COUNTY'' means the County of Los Angeles. 8 4. "COUNTY COUNSEL" means the County Counsel of Los Angeles County and 9 Office of County CoWlSel ofLos Angeles County. 10 11 5. "COUNTY OFFICER" means any elective County officer as prescribed in Article IV, Section 12, of the Charter ofthe County of Los Angeles or appointive County officer as 12 prescribed in Article IV, Section 14, of the Charter of the County of Los Angeles. 13 6. "DEPUTY'' means a Los Angeles Sheriffs Department Deputy Sheriff. 14 7. "DOCUMENTS" shall have the same meaning herein as in California Evidence 15 Code§ 250, and shall include all writings, including, without limitation, handwriting, typewriting, 16 printing, photostating, photographing, photocopying, films, recordings, memoranda, books, 17 records, accounts, letters, electronic mail or facsimile, instant messaging, text messaging, voice 18 messaging, social media messaging and every other means of recording upon any tangible thing, 19 and any record thereby created, regardless of the manner in which the record has been stored, and 20 all non-identical copies of such. 21 8. "LASD" means the Los Angeles County Sheriffs Department. 22 9. "MANDOYAN" means Respondent/Defendant Caren Carl Mandoyan. 23 10. "RELATED TO" shall mean concerning, mentioning, referring to, pertaining to, 24 evidencing, identifying, incorporating, summarizing, involving, describing, discussing, 25 commenting on, embodying, responding to, supporting, contradicting, containing, or constituting 26 (in whole or in part). 27 11. "SHERIFF" means the Los Angeles County Sheriff. 28 -308988.00001110848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 655 1 12. "UNDERSHERIFF" means the Undersheriff ofthe Los Angeles Sheriff's 2 Department. 3 13. "VILLANUEVA" means Respondent/Defendant Los Angeles County Sheriff Alex 4 Villanueva. 5 6 INSTRUCTIONS 14. DOCUMENTS shall be produced in their original file folders, or any writing on the 7 file folder (or its label, tab or directory) from which each DOCUMENT is taken shall be copied 8 and appended to the DOCUMENT and the person, department, division, or office for whom or 9 which the DOCUMENT or the file folder is maintained shall be identified. 10 15. DOCUMENTS attached to each other shall not be separated. 11 16. Electronically stored information shall be produced in its native electronic 12 application and format. Electronically stored information shall be produced with all metadata and 13 shall not be altered in any way. 14 17. If you withhold any DOCUMENT based on some limitation of discovery, 15 including but not limited to a claim of privilege, you must supply a list of the DOCUMENTS 16 being withheld, indicating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 17 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 18 created or transmitted; (d) the subject matter indicated on the DOCUMENT, if any; (e) the number 19 of pages, including the presence of any appendices, exhibits or attachments; (f) all persons with 20 whom there was a communication concerning the DOCUMENT, including all persons to whom 21 the DOCUMENT was shown, distributed, discussed or explained; and (g) the claimed grounds for 22 exclusion from discovery. 23 18. If you lack the ability to comply with a request, you must specify whether the 24 inability to comply is because the particular DOCUMENT, item or category never existed; has 25 been destroyed; has been lost, misplaced or stolen; has never been in YOUR possession or was 26 once in YOUR possession but is no longer. You must also state the name and address of any 27 person known or believed by you to have possession of a DOCUMENT, item or category for 28 which you lack the ability to comply with a request for production. 08988-00001/10848988, -4- Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 656 1 19. If a DOCUMENT, item or category has been destroyed or discarded, identify that 2 DOCUMENT by stating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 3 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 4 created or transmitted; (d) the subject matter and subject matter indicated on the DOCUMENT, if 5 any; (e) the number of pages, including the presence of any appendices, exhibits or attachments; 6 (f) all persons with whom there was a communication concerning the DOCUMENT, including all 7 persons to whom the DOCUMENT was shown, distributed, discussed or explained; (g) the date 8 of, manner of, and reason the DOCUMENT, item or category was destroyed or discarded; and (h) 9 the name and address of any person known or believed by you to have possession of a copy of the 10 DOCUMENT, item or category that was discarded or destroyed. 11 20. These requests call for the production of DOCUMENTS or things in YOUR 12 possession, custody or control, or in the custody or control of another if you have the right, 13 privilege or opportunity to examine it upon request or demand, whether or not such right, privilege 14 or opportunity has been exercised. Accordingly, all DOCUMENTS in the possession, custody or 15 control of any person or entity who performed management, bookkeeping, accounting, financ·e or 16 any similar service for you at any time, should be produced. 17 21. "All" includes "any" and "any" includes "all." 18 22. "All" includes "each" and "each" includes "all." 19 23. "Each" includes "every" and "every" includes "each." 20 24. "And", "or," and "and/or'' shall be construed either disjunctively or conjunctively 21 as necessary to bring within the scope of the request all responses that might otherwise be 22 construed to be outside their scope. 23 25. The use of a verb in any tense shall be construed as the use of the verb in all other 26. The singular form of any word shall be construed to include the plural, and the 24 tenses. 25 26 plural form of any word shall be construed to include the singular. 27 28 -508988.00001/10848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 657 1 REQUESTS FOR PRODUCTION 2 3 REQUEST FOR PRODUCTION NO. 1: 4 All DOCUMENTS RELATING TO LASD's hiring, employment, internal investigation, 5 discipline, discharge, termination, firing, re-employment, rehiring, reinstatement, or rescission, 6 revocation, withdrawal or reversal ofthe discharge or firing, ofMANDOYAN; 7 8 REQUEST FOR PRODUCTION NO. 2: 9 All DOCUMENTS RELATING TO the conduct or misconduct ofMANDOYAN; 10 11 REQUESTFORPRODUCTIONNO. 3: 12 All DOCUMENTS RELATING TO COMMISSION proceedings concerning 13 MANDOYAN, including, but not limited to, all DOCUMENTS RELATED TO any appeal, 14 challenge to, decision to appeal, or decision not appeal any report, recommendation, order, ruling, 15 decision, or finding, by the COMMISSION or any hearing officer in a COMMISSION proceeding 16 concerning MANDOYAN; 17 18 REQUEST FOR PRODUCTION NO. 4: 19 All DOCUMENTS RELATING TO the filing, litigation, merit, validity, possible 20 consequences, settlement, approval or non-approval of settlement, or dismissal of any lawsuit 21 brought by MANDOYAN in August 2018 against LASD or the COUNTY. 22 23 REQUEST FOR PRODUCTION NO. 5: 24 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 25 power or authority, of the SHERIFF or LASD to settle any lawsuit brought by MANDOYAN in 26 August 2018 against LASD or the COUNTY. 27 28 -608988-0000 Ill 08489S8. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 658 r I REQUEST FOR PRODUCTION NO. 6: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 4 present, to direct, control, settle, direct the settlement of, or refuse to allow a settlement of, a 5 lawsuit brought against LASD or the COUNTY. 6 7 REQUEST FOR PRODUCTION NO. 7: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 10 December 31, 20 I7, to direct, control, settle, direct the settlement of, or refuse to allow a 11 settlement of, a lawsuit brought against LASD or the COUNTY. 12 13 REQUEST FOR PRODUCTION NO. 8: 14 All DOCUMENTS RELATING TO whether the BOARD OF SUPERVISORS or 15 COUNTY COUNSEL should approve, did approve, or should have approved the settlement of 16 any lawsuit brought by MANDOYAN in August 2018 against LASD or the COUNTY. 17 18 REQUESTFORPRODUCTIONNO. 9: 19 All DOCUMENTS RELATING TO whether the BOARD OF SUPERVISORS or 20 COUNTY COUNSEL should disapprove, did disapprove, or should have disapproved the 21 settlement of any lawsuit brought by MANDOYAN in August 2018 against LASD or the 22 COUNTY. 23 24 REQUEST FOR PRODUCTION NO. I 0: 25 All DOCUMENTS prepared, created, generated, or revised between December 3, 2018 26 and the present RELATING TO whether the BOARD OF SUPERVISORS or COUNTY 27 COUNSEL should approve or disapprove any settlement proposed or recommended by LASD, the 28 SHERIFF, or any senior executive member or officer of LASD at a rank of Chief or higher, of any -708988.()()()()1110848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 659 r 1 pending or threatened lawsuit against LASD or the COUNTY or any case pending before the 2 COMMISSION involving a challenge to the discharge, termination, or firing of a DEPUTY. 3 4 REQUEST FOR PRODUCTION NO. 11: 5 All DOCUMENTS prepared, created, generated, or revised between November 26, 2018 6 and the present RELATING TO the process, rules, system, or approval requirements for the 7 settlement, or approval by the BOARD OF SUPERVISORS or COUNTY COUNSEL of the 8 settlement, of any pending or threatened lawsuit against LASD or the COUNTY or any case 9 pending before the COMMISSION involving a challenge to the discharge, termination, or firing of 10 aDEPUTY. 11 12 REQUEST FOR PRODUCTION NO. 12: 13 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 14 power or authority, of a COUNTY OFFICER to settle a lawsuit brought against the COUNTY or a 15 COUNTY OFFICER. 16 17 REQUEST FOR PRODUCTION NO. 13: 18 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 19 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 20 present, to settle a lawsuit brought against the COUNTY or a COUNTY OFFICER, providing for 21 a settlement payment of$100,000 or less or a settlement payment ofless than $100,000. 22 23 REQUESTFORPRODUCTIONNO.l4: 24 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 25 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 26 December 31,2017, to settle a lawsuit brought against the COUNTY or a COUNTY OFFICER, 27 providing for a settlement payment of$100,000 or less or a settlement payment of less than 28 $100,000. -808988.00001/10848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 660 1 REQUEST FOR PRODUCTION NO. 15: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 4 present, to settle any particular type of lawsuit, or types of lawsuits, brought against the COUNTY 5 or a COUNTY OFFICER. 6 7 REQUEST FOR PRODUCTION NO. 16: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 10 December 31, 2017, to settle any particular type of lawsuit, or types of lawsuits, brought against 11 the COUNTY or a COUNTY OFFICER. 12 13 REQUEST FOR PRODUCTION NO. 17: 14 All DOCUMENTS RELATING TO the settlement between January 1, 2018 and the 15 present by a COUNTY OFFICER, without written approval of the BOARD OF SUPERVISORS 16 or COUNTY COUNSEL, of a lawsuit brought against the COUNTY or a COUNTY OFFICER. 17 18 REQUEST FOR PRODUCTION NO. 18: 19 All DOCUMENTS RELATING TO the settlement between January 1, 2013 and 20 December 31, 2017 by a COUNTY OFFICER, without written approval of the BOARD OF 21 SUPERVISORS or COUNTY COUNSEL, of a lawsuit brought against the COUNTY or a 22 COUNTY OFFICER. 23 24 REQUEST FOR PRODUCTION NO. 19: 25 All DOCUMENTS RELATING TO the settlement between January 1, 2018 and the 26 present by a COUNTY OFFICER, without an authorized signature by COUNTY COUNSEL or a 27 counsel operating under COUNTY COUNSEL's supervision, of a lawsuit brought against the 28 COUNTY or a COUNTY OFFICER. -908988..()()()0111 0848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 661 1 REQUEST FOR PRODUCTION NO. 20: 2 All DOCUMENTS RELATING TO the settlement between January 1, 2013 and 3 December 31, 2017 by a COUNTY OFFICER, without an authorized signature by COUNTY 4 COUNSEL or a counsel operating under COUNTY COUNSEL's supervision, of a lawsuit 5 brought against the COUNTY or a COUNTY OFFICER. 6 7 REQUEST FOR PRODUCTION NO. 21: 8 All DOCUMENTS RELATING TO the interpretation, application, or enforcement of the 9 portion of the text in Article VI, Section 21 of the Charter of the County of Los Angeles stating 10 "The County Counsel ... shall have exclusive charge and control of all civil actions and 11 proceedings in which the County or any officer thereof, is concerned or is a party." 12 13 REQUEST FOR PRODUCTION NO. 22: 14 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 15 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 16 present, to rescind, revoke, withdraw, or reverse LASD's earlier discharge of a DEPUTY. 17 18 REQUEST FOR PRODUCTION NO. 23: 19 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 20 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 21 December 31, 2017, to rescind, revoke, withdraw, or reverse LASD's earlier discharge of a 22 DEPUTY. 23 24 REQUEST FOR PRODUCTION NO. 24: 25 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 26 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 27 present, to rescind, revoke, withdraw, or reverse LASD's discharge of a DEPUTY after final 28 COMMISSION action making a DEPUTY's discharge fmal. 08988.00001/10848988. -10- Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 662 1 REQUEST FOR PRODUCTION NO. 25: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 4 December 31, 2017, to rescind, revoke, withdraw, or reverse LASD' s discharge of a DEPUTY 5 after fmal COMMISSION action making a DEPUTY's discharge fmal. 6 7 REQUEST FOR PRODUCTION NO. 26: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 10 present, to rescind, revoke, withdraw, or reverse an employee's discharge after final 11 COMMISSION action making the employee's discharge final. 12 13 REQUEST FOR PRODUCTION NO. 27: 14 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 15 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 16 December 31, 2017, to rescind, revoke, withdraw, or reverse an employee's discharge after final 17 COMMISSION action making the employee's discharge fmal. 18 19 REQUEST FOR PRODUCTION NO. 28: 20 21 All DOCUMENTS RELATING TO the payment, non-payment, or termination of payment of salary, back pay, benefits, or other compensation to or for MANDOYAN. 22 23 REQUEST FOR PRODUCTION NO. 29: 24 All DOCUMENTS RELATING TO the Los Angeles County Department of Auditor- 25 Controller's payment, non-payment, or termination of payment of salary, back pay, benefits, or 26 other compensation, at any point between January 1, 2018 and the present, to or for any COUNTY 27 employee who had been reinstated or rehired pursuant to a settlement agreement that did not bear 28 -110898~1/10848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 663 1 a signature by COUNTY COUNSEL or an attorney operating under COUNTY COUNSEL's 2 supervision. 3 4 REQUEST FOR PRODUCTION NO. 30: 5 All DOCUMENTS RELATING TO the Los Angeles County Department of Auditor- 6 Controller's payment, non-payment, or termination of payment of salary, back pay, benefits, or 7 other compensation, at any point between, at any point between January 1, 2013 and December 8 31, 2017, for any COUNTY employee who had been reinstated or rehired pursuant to a settlement 9 agreement that did not bear a signature by COUNTY COUNSEL or an attorney operating under 10 COUNTY COUNSEL's supervision. 11 12 REQUEST FOR PRODUCTION NO. 31: 13 All DOCUMENTS RELATING TO any BOARD OF SUPERVISORS member's support 14 of Jim McDonnell against Vll..LANUEVA for SHERIFF in the 2018 election. 15 16 REQUEST FOR PRODUCTION NO. 32: 17 All DOCUMENTS RELATING TO any BOARD OF SUPERVISORS member's 18 opposition to VILLANUEVA for SHERIFF in the 2018 election. 19 20 REQUEST FOR PRODUCTION NO. 33: 21 All DOCUMENTS RELATING TO LASD's Truth and Reconciliation Panel or Truth and 22 Reconciliation Commission, the operations of said Panel or Commission, or the lawfulness of any 23 actions by said Panel or Commission concerning the review and/or rescission of the disciplinary 24 proceedings and discharge ofMANDOYAN or any other DEPUTY. 25 26 REQUEST FOR PRODUCTION NO. 34: 27 All DOCUMENTS RELATING TO Principal Deputy County Counsel Christopher (Chris) 28 Keosian's attendance, participation, rendering of legal advice, statements, observations, thoughts, -120898~0001/10848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 664 1 communications and receipt of instructions from COUNTY COUNSEL or any member or 2 employee of the Office of COUNTY COUNSEL concerning the discussions, consideration, or 3 actions ofLASD's Truth and Reconciliation Panel or Truth and Reconciliation Commission 4 regarding the review of or rescission of the disciplinary proceedings and discharge of 5 MANDOYAN. 6 7 REQUEST FOR PRODUCTION NO. 35: 8 All DOCUMENTS RELATING TO how and when COUNTY COUNSEL first learned, on 9 November 26, 2018 or later, that any recommendation by any senior executive member or officer 10 ofLASD at a rank of Chief or higher would be or had been made to the SHERJFF or 11 UNDERSHERIFF that MANDOYAN's discharge or termination be rescinded, or he be reinstated 12 or rehired or otherwise be allowed to return to active duty as a DEPUTY, or MANDOYAN's 13 lawsuits be settled. 14 15 REQUEST FOR PRODUCTION NO. 36: 16 All DOCUMENTS RELATING TO how and when Principal Deputy County Counsel 17 Christopher (Chris) Keosian first learned, on November 26, 2018 or later, that any 18 recommendation by any senior executive member or officer of LASD at a rank of Chief or higher 19 would be or had been made to the SHERIFF or UNDERSHERIFF that MANDOYAN's discharge 20 or termination be rescinded, or he be reinstated or rehired or otherwise be allowed to return to 21 active duty as a DEPUTY, or MANDOYAN's lawsuits be settled. 22 23 REQUEST FOR PRODUCTION NO. 37: 24 All DOCUMENTS RELATING TO how and when COUNTY COUNSEL ftrst learned, on 25 November 26, 2018 or later, that LASD or VILLANUEVA intended to or did rescind 26 MANDOYAN's discharge or termination, intended to or did reinstate or rehire him or otherwise 27 allow him to return to active duty as a DEPUTY, or intended to or did settle either or both lawsuits 28 MANDOYAN had filed against the COUNTY and LASD. -1308988-0000 Ill 0843988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 665 1 REQUEST FOR PRODUCTION NO. 38: 2 All DOCUMENTS RELATING TO how and when Principal Deputy County Counsel 3 Christopher (Chris) Keosian first learned, on November 26, 2018 or later, that LASD or 4 VILLANUEVA intended to or did rescind, revoke, withdraw, or reverse MANDOYAN's 5 discharge or termination, intended to or did reinstate or rehire him or otherwise allow him to 6 return to active duty as a DEPUTY, or intended to or did settle either or both lawsuits 7 MANDOYAN had filed against the COUNTY and LASD. 8 9 REQUEST FOR PRODUCTION NO. 39: 10 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 11 since January 1, 2018, of a former employee discharged for cause or because of fault, which did 12 not meet all requirements in COMMISSION Rule 17.01 for reinstatement. 13 14 REQUEST FOR PRODUCTION NO. 40: 15 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 16 between January 1, 2013 and December 31, 2017, of a former employee discharged for cause or 17 because of fault, which did not meet all requirements in COMMISSION Rule 17.01 for 18 reinstatement. 19 20 REQUEST FOR PRODUCTION NO. 41: 21 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 22 between April15, 2009 and December 31,2012, of a former employee discharged for cause or 23 because of fault, which did not meet all requirements in COMMISSION Rule 17.01 for 24 reinstatement. 25 26 27 28 -1408988.()0001/10848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 666 1 REQUEST FOR PRODUCTION NO. 42: 2 All DOCUMENTS RELATING TO any determination or evaluation or analysis of 3 "significant liability" that the COUNTY alleges LASD and VILLANUEVA have exposed the 4 COUNTY to through their actions concerning MANDOYAN. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1508988-00001/1 0848988. Case No. 19STCP00630 NOTICE OF DEPOSITION OF RAYMOND LEYVA Page 667 EXHIBIT 1 Page 668 A'rniANETOR PNrNwmtcurATTORNEY,...._ Sllllr SUBP~ 11r-._, ___ Rill coc.RT U!IIEOILY !-steven G. Madison (Bar No. 101006) John S. Gordon (Bar No . 112750) Quinn Emanuel Urquhart & Sullivan, LLP 865 S. Figueroa St., lOth Floor Los Angeles, CA 90017 1'BS'HCIE NO.: ( 213 ) 443-3300 FAXMO.~ (213) 443-3100 ~WWLIIDiliiESI {C)JollaMO: s tevemadi son@quinnemanuel. com ATnlRNE'fFuty County Counsel 17 Christopher (Chris) Keosian first learned, on November 26, 2018 or later, that any 18 recommendation by any senior executive member or officer of LASD at a rank of Chief or higher 19 would be or had been made to the SHERIFF or UNDERSHERIFF that MANDOYAN's discharge 20 or termination be rescinded, or be be reinstated or rehired or otherwise be allowed to return to 21 active duty as a DEPUfY, or MANDOYAN's lawsuits be settled. 22 23 REQUEST FOR PRODUCTION NO. 37: 24 All DOCUMENTS RELATING TO how and when COUNTY COUNSEL first learned, on 25 November 26, 2018 or later, that LASD or VILLANUEVA intended to or did rescind 26 MANDOYAN's discharge or termination, intended to or did reinstate or rehire him or otherwise 27 allow him to return to active duty as a DEPUTY, or intended to or did settle either or both lawsuits 28 MANDOYAN had filed against the COUNIT and LASD. -1108988-00001110834961 . ATIACHMENT 3 Page 681 .. .. 1 REQUEST FOR PRODUCI10N NO. 38: 2 3 All DOCUMENTS RELATING TO how and when Principal Deputy County Counsel Christopher (Chris) Keosian first learned, on November 26,2018 or later, that LASD or 4 VILLANUEVA intended to or did rescind, revoke, withdraw, or reverse MANDOYAN's 5 discharge or termination, intended to or did reinstate or rehire him or otherwise allow him to 6 return to active duty as a DEPtiTY, or intended to or did settle either or both lawsuits 7 MANDOYAN had filed against the COUNTY and LASD. 8 9 REQUEST FOR PRODUCI10N NO. 39: 10 11 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, since January 1, 2018, of a former employee discharged for cause or because of fault, which did 12 not meet all requirements in COMMISSION Rule 17.01 for reinstatement. 13 14 R£0UEST FOR PRODUCTION NO. 40: 15 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 16 between January 1, 2013 and December 31,2017, of a former employee discharged for cause or 17 because of fault, which did not meet all requirements in COMMISSION Rule 17.01 for 18 reinstatement. 19 20 REQUEST FOR PRODUCTION NO. 41: 21 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 22 between Apri115, 2009 and December 31, 2012, of a former employee discharged for cause or 23 because of fault, which did not meet all requirements in COMMISSION Rule 17.01 for 24 reinstatement. 25 26 27 28 -1208981-00001/10134961. AlTACHMENT 3 Page 682 J 1 REQUEST FOR PRODUCfiON NO. 42: 2 All DOCUMENTS RELATING TO any determination or evaluation or analysis of 3 "significant liability" that the COUNTY alleges LASD and VILLANUEVA have exposed the 4 COUNTY to through their actions concerning MANDOYAN. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0&9SS.OOOO1/1004961. -13ATIACHMENT3 Page 683 -· 1 PROOF OF SERVICE At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County ofLos Angeles, State of California. My business address is 865 South 3 Figueroa Street, lOth Floor, Los Angeles, CA 90017 2 4 On May 9, 2019, I served true copies of the following document(s) described as RESPONDENTS/DEFENDANTS SHERIFF ALEX VILLANUEVA AND LOS ANGELES 5 COUNTY SHERIFF'S DEPARTMENT'S NOTICE OF DEPOSITION OF RAYMOND LEYVA on the interested parties in this action as follows: 6 7 8 9 10 11 12 13 14 15 16 ouis R. Miller, Esq. ·ra Hashmall, Esq. mily A. Sanchirico, Esq. LER BARONDESS, LLP 1999 A venue of the Stars, Suite 1000 s Angeles, CA 90067 ttorneys for County of Los Angeles gory W. Smith, Esq. aw Offices of Gregory W. Smith 100 Wilshire Blvd. uite 345E everly Hills, CA 90212 ttorneys for Caren Carl Mandoyan ohn A. Schlaff, Esq. aw Offices of John A. Schlaff 355 Westwood Blvd. uite424 s Angeles, CA 90064 ttorneys for Caren Carl Mandoyan 17 18 19 20 21 22 23 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed above and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Quinn Emanuel Urquhart & Sullivan, LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course ofbus~ness with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Los Angeles, California. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. 26 27 28 08988-00001/10843970. PROOF OF SERVICE Page 684 1 Executed on May 9, 2019, at Los Angeles, California 2 3 Rita Turner 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -208988.00001/10843970. PROOF OF SERVICE Page 685 CONFIDENTIAL PERSONNEL RECORDS Page 686 EXHIBIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CENTRAL DISTRICT _____________________________ ) COUNTY OF LOS ANGELES, ) ) Plaintiff, ) ) vs. )No. 19STCP00630 ) ALEX VILLANUEVA, Sheriff of ) Los Angels County Sheriff's ) Department; CAREN CARL ) MANDOYAN, an individual; LOS ) ANGELES COUNTY SHERIFF'S ) DEPARTMENT; and DOES 1 though) 10, inclusive. ) ) Defendants. ) _____________________________) VIDEOTAPED DEPOSITION OF JOHN NAIMO Los Angeles, California Monday, June 10, 2019 Reported by: RENEE A. PACHECO, RPR, CLR CSR No. 11564 Job No. 3382233 PAGES 1 - 76 Page 1 Veritext Legal Solutions 866 299-5127 Page 688 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CENTRAL DISTRICT _____________________________ ) COUNTY OF LOS ANGELES, ) ) Plaintiff, ) ) vs. )No. 19STCP00630 ) ALEX VILLANUEVA, Sheriff of ) Los Angels County Sheriff's ) Department; CAREN CARL ) MANDOYAN, an individual; LOS ) ANGELES COUNTY SHERIFF'S ) DEPARTMENT; and DOES 1 though) 10, inclusive, ) ) Defendants. ) _____________________________) Videotaped deposition of JOHN NAIMO taken on behalf of Plaintiff, at 865 South Figueroa Street, Los Angeles, California, beginning at 9:15 a.m. and ending at 11:05 p.m. on Monday, June 10, 2019, before RENEE A. PACHECO, Certified Shorthand Reporter No. 11564, RPR, CLR. Page 2 Veritext Legal Solutions 866 299-5127 Page 689 1 APPEARANCES: 2 3 For Plaintiff: 4 QUINN EMANUEL URQUHART & SULLIVAN 5 BY: 6 Attorney at Law 7 865 South Figueroa Street 8 Los Angeles, California 90017 9 (213) 443-3000 10 JOHN S. GORDON johngordon@quinnemanuel.com 11 12 For Defendants: 13 MILLER BARONDESS, LLP 14 BY: 15 Attorney at Law 16 1999 Avenue of the Stars, Suite 1000 17 Los Angeles, California 90067 18 (310) 552-4400 19 Mhasmall@millerbarondess.com MIRA HASHMALL 20 21 22 Videographer: Richard Smith 23 24 25 Page 3 Veritext Legal Solutions 866 299-5127 Page 690 1 2 3 4 5 6 7 8 9 10 INDEX WITNESS JOHN NAIMO BY MR. GORDON BY MS. HASHMALL 14 15 16 17 18 19 20 21 22 23 24 5, 72 71 EXHIBITS DEFENDANTS' Exhibit 8 11 12 13 EXAMINATION Exhibit 9 Respondent's Defendant Sheriff Alex Villanueva and Los Angeles County Sheriff's Department's Notice of Deposition of John Naimo Declaration of John Naimo In Support of Petitioner Plaintiff's County of Los Angeles' Application For Temporary Restraining Order and Order to Show Cause PAGE 40 44 INSTRUCTION NOT TO ANSWER Page Line 14 1 14 21 15 2 15 8 15 14 46 1 46 19 51 13 66 23 67 4 25 Page 4 Veritext Legal Solutions 866 299-5127 Page 691 1 Los Angeles, California, Monday, June 10, 2019 2 9:15 a.m. 3 4 THE VIDEOGRAPHER: Good morning. Today's 5 date is June the 10th, 2019. 6 Please note that the microphones are sensitive and 7 may pick up whispering, private conversations and 8 cellular interference. 9 The time is 9:15 a.m. Please turn off all your cell phones and 10 place them away from the microphones as they can 11 interfere with the deposition audio. 12 The audio and video recording will continue 13 to take place unless all parties agree to go off the 14 record. 15 video-recorded deposition of Mr. John Naimo. 16 18 et al.," pending trial in the Superior Court of 19 California for the County of Los Angeles Central 20 District. Docket number is 19STCP00630. 09:16AM The deposition is being held at the law 22 firm of Quinn Emanuel located at 865 South Figueroa 23 Street, 10th Floor, Los Angeles, California 90017. 25 09:16AM It's being taken in the matter of the "County of Los Angeles versus Alex Villanova (sic), 24 09:15AM This is Media Unit No. 1 of the 17 21 09:15AM My name is Richard Smith. videographer. And I'm sorry. I'm the I didn't get your 09:16AM Page 5 Veritext Legal Solutions 866 299-5127 Page 692 1 name. 2 DEPOSITION REPORTER: 3 THE VIDEOGRAPHER: Renee Pacheco. And Ms. Renee Pacheco. 4 And she's the court reporter. 5 any party in this action nor am I financially 6 interested in the outcome. 7 I am not related to Counsel and all present in the room can now 8 state their affiliations for the record. 9 are any objections to the proceeding, please state If there 10 them at the time of your appearance and we will 11 begin with the noticing attorney. 12 MR. GORDON: Alex Villanueva and Los Angeles Sheriff's 14 Department. 15 V-I-L-L-A-N-U-E-V-A, not Villanova, but I'm sure 16 everyone caught that. And for the record it is Villanueva, 17 THE VIDEOGRAPHER: 18 MS. HASHMALL: Good morning. Mira Hashmall, Miller Barondess for the County of 20 Los Angeles and for the witness John Naimo. 23 24 25 THE VIDEOGRAPHER: 09:17AM Thank you. 19 22 09:17AM John Gordon for the Sheriff 13 21 09:16AM Thank you. 09:17AM If I could have the court reporter please swear in the witness. DEPOSITION REPORTER: Raise your right hand, sir. Do you solemnly state the testimony you are 09:17AM Page 6 Veritext Legal Solutions 866 299-5127 Page 693 1 about to give will be the truth, the whole truth and 2 nothing but the truth? 3 THE DEPONENT: I do. 4 5 JOHN NAIMO, 6 having been administered an oath, was examined and 7 testified as follows: 8 9 10 11 EXAMINATION BY MR. GORDON: Q 09:17AM Mr. Naimo, do you have any documents to 12 produce in response to the deposition subpoena you 13 were served? 14 A No, I do not. 15 Q Have you ever been deposed before? 16 A Yes, I have. 17 Q About how many times? 18 A Four. 19 Q Now, you understand that this deposition 20 will be under oath; right? 21 A I do. 22 Q And you'll be subject to penalties of 23 perjury if you intentionally make a false material 24 statement under oath. 25 Do you know that? 09:17AM 09:18AM 09:18AM Page 7 Veritext Legal Solutions 866 299-5127 Page 694 1 A Yes. 2 Q Now, I'll be asking you questions. Your 3 counsel may object. 4 instructs you not to answer, you're required to 5 answer my questions. 6 But unless your counsel 09:18AM Do you understand that? 7 A Yes. 8 Q You're represented by an attorney today? 9 A I am. 10 Q Who is that? 11 A She's seated to my left, Mira Hashmall. 12 Q Now, as you probably know, you must answer 09:18AM 13 questions audibly. That's with words -- and with 14 words. 15 transcribed by the court reporter. Nods or shakes of the head can't be 16 Do you understand that? 17 A Yes. 18 Q Now, the court reporter is transcribing the 19 deposition and she can take down the words of only 20 one speaker at a time. 21 my question before answering and I will wait until 22 you finish your answer before asking my next 23 question. 24 25 09:18AM Please wait until I finish 09:18AM Is that okay? A Yes. 09:18AM Page 8 Veritext Legal Solutions 866 299-5127 Page 695 1 Q Please ask for clarification if you don't 2 understand one of my questions and I'll do my best 3 to rephrase it. 4 question, it will be assumed that you understood it. 5 If you under -- if you answer the Do you know that? 09:19AM 6 A Yes. 7 Q Now, if you need a break, let me know, but 8 you need to answer any pending question before we 9 break unless you believe you need to consult with 10 your attorney about whether you have a legal 11 privilege not to answer. 12 09:19AM So if you just want to discuss what for 13 example might be a better answer than another but 14 it's not a question of privilege, you understand 15 you're not entitled to call for a break, go out and 16 discuss it and come back. 17 09:19AM Do you understand that? 18 A I do. 19 Q But obviously if you can't figure the -- 20 you can't answer a question without being certain 21 that it's not a privileged answer, that's when 22 you're entitled to say "Hold on. 23 break. 24 your counsel asks for a break to discuss question 25 privilege, then we'll be taking a break for you to 09:19AM I'm taking a I need to go consult with my counsel" or if 09:19AM Page 9 Veritext Legal Solutions 866 299-5127 Page 696 1 do that. 2 Do you understand that? 3 A Yes. 4 Q Now, there may be times where you don't 5 have exact information but you can make a reasonable 6 approximation. 7 not know an exact date, but you might remember that 8 it was somewhere around the second week of March. You might -- for example, you might 9 If you can, provide a reasonable 10 approximation when you don't know an exact answer. 11 Will you do that and just make clear you are 12 approximating or giving your best estimate, you are 13 not claiming to have an exact recollection of the 14 exact answer. 15 Do you understand that? 16 A Understood. 17 Q And if you have any questions about that 18 instruction when you're about -- when I ask you a 19 question and you're uncertain about whether you're 20 caught somewhere in the never-never land, obviously 21 just explain to me what it is you're hung up on and 22 I'll try to rephrase the question or just you can 23 make clear that you're talking about an 24 approximation or an estimate. 25 09:19AM 09:20AM 09:20AM 09:20AM All right? Now, there may also be times when you 09:20AM Page 10 Veritext Legal Solutions 866 299-5127 Page 697 1 believe you know the answer but you aren't 2 100 percent sure. 3 answer but you aren't sure, then just let me know 4 that your answer is your best belief but you're not 5 positive that that's the answer. If you believe you know the Okay? 6 A Yes. 7 Q Now, after we're done -- and the court 8 reporter is going to prepare a transcript of this 9 entire deposition. You'll have a chance to review 10 it and make whatever changes or corrections you deem 11 appropriate. 12 09:21AM You understand though whatever changes or 13 corrections you make will be able to be commented on 14 by counsel at any hearing or trial or other 15 proceeding. 16 09:21AM Do you know that? 17 A Understood. 18 Q Am I correct in assuming you have never 19 09:20AM been convicted of a felony? 20 A That's correct. 09:21AM 21 Q Am I correct in assuming you haven't been 22 disciplined by the county in connection with your 23 service as a county employee? 24 A That's correct. 25 Q Now, is there any reason you're aware of 09:21AM Page 11 Veritext Legal Solutions 866 299-5127 Page 698 1 that you can't give your best testimony today either 2 because you are on medication that affects your 3 thinking, you're ill and it's preventing you from 4 being clearheaded, anything like that? 5 A There's no reason like that. 6 Q And so is there any reason that you can't 7 give full and truthful testimony today? 8 A There's no reason. 9 Q Did you communicate with anyone for 10 purposes of preparing for this deposition? 11 A Yes. 12 Q Who was that? 13 A Counsel who is seated to my left. 14 Q About how many times? 15 A Once. 16 Q For about how long? 17 A Two hours. 18 Q When was that? 19 A Last Monday, June 3rd. 20 Q Did you review any documents to prepare to 21 22 23 24 25 09:21AM 09:21AM 09:22AM 09:22AM testify for this deposition? A I reviewed the documents that were attached to my declaration. Q The declaration in support of the county's application for a temporary restraining order? 09:22AM Page 12 Veritext Legal Solutions 866 299-5127 Page 699 1 A That's correct. 2 Q And approximately how long did you spend 3 looking at the documents? 4 A Probably 30 minutes. 5 Q Did looking at those documents refresh your 6 recollection about any of the matters that you 7 addressed in your declaration? 8 A Yes. 9 Q Which documents refreshed your recollection 10 about any of the matters addressed in your 11 declaration? 12 A one -- the most was the request from the sheriff's 14 department to Ms. Jennifer Yip which described a 15 process that would provide for back pay to Deputy 16 Mandoyan. Q declaration in support of the county's TRO 19 application the only documents you prepared other 20 than presumably your declaration to prepare for this 21 deposition? 22 A Yes. 23 Q Am I correct you also took a look at your 25 09:23AM So are the documents attached to your 18 24 09:22AM All of them generally, but probably the 13 17 09:22AM 09:23AM declaration to prepare for the deposition? A I did. 09:23AM Page 13 Veritext Legal Solutions 866 299-5127 Page 700 1 Q Now, I assume you discussed substantive 2 matters concerning the deposition with your counsel 3 Ms. Hashmall? 4 MS. HASHMALL: 5 Instruct you not to answer any questions 6 I'm going to object. about your communications with counsel. 7 MR. GORDON: And assume we have the same 8 stipulation we have with Mr. Miller. 9 stipulated whenever you instruct the witness in this It is deemed 10 deposition not to answer that he is deemed to have 11 followed your instruction and refuse to answer? 12 MS. HASHMALL: 13 MR. GORDON: So I won't be requesting from the witness herein after any confirmation of that 15 fact. 09:24AM 16 18 19 MS. HASHMALL: Right. BY MR. GORDON: Q Did you bring any written notes with you to the deposition? 20 A No, no. 21 Q Do you have any written engagement or 22 09:24AM Yes. 14 17 09:23AM 09:24AM retention agreement with Ms. Hashmall's firm? 23 MS. HASHMALL: Objection. 24 Instruct you not to answer. 25 /// Page 14 Veritext Legal Solutions 866 299-5127 Page 701 1 2 BY MR. GORDON: Q Is it your understanding that the County of 3 Los Angeles is paying Ms. Hashmall's firm to 4 represent you in connection with this deposition? 5 MS. HASHMALL: 6 Instruct you not to answer. 7 8 9 10 Objection. BY MR. GORDON: Q And did you disclose any information to Ms. Hashmall in order to prepare for this deposition? 09:24AM 11 MS. HASHMALL: 12 Instruct you not to answer. 13 14 Objection. BY MR. GORDON: Q Did you receive any legal advice from 15 Ms. Hashmall in connection with preparing for this 16 deposition? 17 MS. HASHMALL: 18 Instruct you not to answer. 19 20 21 22 23 24 25 09:24AM 09:24AM Objection. BY MR. GORDON: Q Can you tell me what your first job with 09:25AM the County of Los Angeles was? A Yes. My first job was accountant auditor with Los Angeles County. Q In what year did you begin your employment with L.A. County in that capacity? 09:25AM Page 15 Veritext Legal Solutions 866 299-5127 Page 702 1 A 1979. 2 Q Is that the first professional job you had 3 after college? 4 A Yes. 5 Q How long did you remain as an account 6 auditor with L.A. County after beginning in 1979? 7 A Approximately one year. 8 Q After that what new position did you 9 assume? 10 A Intermediate accountant auditor. 11 Q How long did you remain in that position 12 A Approximately one-and-a-half years. 14 Q After that what was the next position you held? 09:25AM 16 A Senior accountant auditor. 17 Q How long did you hold that position? 18 A Approximately a year-and-a-half. 19 Q All right. 20 After that position what's the next position you held? 09:25AM 21 A Principal accountant. 22 Q How long did you hold that position 23 09:25AM with the County of L.A.? 13 15 09:25AM approximately? 24 A Five to six years. 25 Q And so what year are we now when you 09:26AM Page 16 Veritext Legal Solutions 866 299-5127 Page 703 1 concluded your tenure as principal accountant for 2 the County of L.A. at the auditor-control -- 3 auditor-controller's office? 4 A We're around late 1980s. 5 Q After you finished your tenure as principal 6 accountant at the auditor-controller's office, 7 what's the next position you held? 8 A Chief accountant. 9 Q How long did you hold that position for? 10 A Approximately ten years. 11 Q Into the late 1990s? 12 A Yes. 13 Q What is the next position you held after 14 A Division chief. 16 Q How long did you remain division chief for 09:26AM the auditor-controller? 18 A Approximately four years. 19 Q After you finished being division chief, 20 what's the next position you held? 21 A Assistant auditor-controller. 22 Q How long did you remain assistant 23 auditor-controller for the department of auditor 24 control? 25 09:26AM completing your term as chief accountant? 15 17 09:26AM A From 2002 till 2014. 09:27AM 09:27AM Page 17 Veritext Legal Solutions 866 299-5127 Page 704 1 Q In 2014 did you assume a new position? 2 A Yes. 3 Q What position was that? 4 A Auditor-controller. 5 Q And you remained auditor-controller of L.A. 6 County from 2014 until when? 7 A Till I retired in March of 2019. 8 Q So total how many years approximately did 9 10 you spend as an employee of the auditor-controller's office? 09:27AM 11 A 39-and-a-half years. 12 Q What was the last day that you officially 13 served as auditor-controller of L.A. County? 14 A March 29th, 2019. 15 Q Is that the last day you did any actual 16 09:28AM work for the auditor-controller's office? 17 A Yes, it is. 18 Q After you retired from your position as 19 auditor-controller on March 29, 2019, have you been 20 employed by any other entity? 21 A No. 22 Q Have you worked for any other entity? 23 A No. 24 Q Do you know whether James McDonald was L.A. 25 09:27AM County sheriff between 2014 and December 2018? 09:28AM 09:28AM Page 18 Veritext Legal Solutions 866 299-5127 Page 705 1 A Yes, I do. 2 Q As auditor-controller, did you ever 3 participate in any way in any aspect of the process 4 for determining appropriate discipline for L.A.S.D. 5 peace officers found to have committed misconduct? 6 A No. 7 Q Are you familiar with any approvals that 8 were required during the McDonald administration 9 before the sheriff's department could settle a 10 dispute over discipline that had been imposed on an 11 L.A.S.D. peace officer? 12 13 A 09:29AM I am not familiar with those -- those matters. 14 Q And do you know whether Alex Villanueva 15 became L.A. County sheriff on or about December 3rd, 16 2019? 17 A Yes, I am aware. 18 Q And to your knowledge that is about when he 19 09:29AM 09:29AM became sheriff? 20 A Yes, it is. 09:29AM 21 Q Now, as auditor-controller, did you ever -- 22 are you familiar with any approvals that were 23 required during the Villanueva administration before 24 the sheriff's department could settle a dispute over 25 discipline that had been imposed on one of its peace 09:30AM Page 19 Veritext Legal Solutions 866 299-5127 Page 706 1 2 3 4 officers? A I became aware of these issues generally when the issue of Deputy Mandoyan surfaced. Q How did you become aware of these issues 5 generally as you put it when the issue of Deputy 6 Mandoyan surfaced? 7 A There -- there were media reports regarding 8 Mandoyan which I had read and seen, and that is how 9 I first became aware of issues associated with your 10 11 line of questioning. Q 09:30AM So did you become aware of any particular 12 approvals that were required during the time Alex 13 Villanueva has been sheriff concerning whether 14 L.A.S.D. 15 with a deputy? 16 17 18 A could settle a dispute over discipline 09:31AM I became aware of issues in this area as they surfaced in connection with Deputy Mandoyan. Q So which -- which approvals did you become 19 aware of that were required during the Villanueva 20 administration to settle a dispute over discipline 21 imposed on a deputy? 22 A with respect to Deputy Mandoyan. 24 became aware of such a process. Q 09:31AM The issue of approvals was a central issue 23 25 09:30AM That is how I And what approval did you come to 09:31AM Page 20 Veritext Legal Solutions 866 299-5127 Page 707 1 understand needed to be obtained before L.A.S.D. 2 could settle Carl Mandoyan's dispute over the 3 discipline that was imposed on him? 4 A It came to my attention that the county 5 counsel's approval was required in matters such as 6 Deputy Mandoyan's. 7 Q 8 9 And what's your basis -- strike that. How did it come to your attention that county counsel's approval was required for that? 10 MS. HASHMALL: Just going to object and 11 remind you that if your answer involves a 12 communication with counsel, I'm going to instruct 13 you not to answer. 14 based on information or communications not involving 15 counsel, then you can go ahead. 16 THE DEPONENT: Okay. 09:32AM The conversations I had that led me to understand that approvals were 18 required by county counsel were the subject of 19 discussion with the county counsel. 20 BY MR. GORDON: Q 09:32AM If you can answer the question 17 21 09:32AM 09:32AM Is that the only basis you have for 22 asserting that county counsel's approval needed to 23 be obtained before L.A.S.D. could settle Carl 24 Mandoyan's dispute over discipline that had been 25 imposed on him? 09:32AM Page 21 Veritext Legal Solutions 866 299-5127 Page 708 1 A I also spoke with staff and the 2 auditor-controller department who have day-to-day 3 familiarity with these processes. 4 time instructed me that similar instances to Deputy 5 Mandoyan's were always accompanied by a county 6 counsel memorandum or letter. 7 8 9 Q My staff at the Which staff members are you referring to in that answer? A Those staff members would have been 10 Jennifer Yip, Y-I-P, who was the division chief of 11 countywide payroll at the time. 12 Rinard, R-I-N-A-R-D. 13 Q Any other staff members you were referring to when you said you spoke with staff and the 15 auditor-controller department -- staff in the 16 auditor-controller department? 18 19 A division. Q 20 21 24 25 09:34AM There could have been other staff in that I can't recall specifically though. Other than -- strike that. And who told you that in similar instances 09:34AM the request -- strike that. 22 23 09:33AM Her assistant Laura 14 17 09:33AM When you say "similar instances," what similar instances are you referring to? A The people that work in the central payroll division have knowledge of other matters in the 09:34AM Page 22 Veritext Legal Solutions 866 299-5127 Page 709 1 county that involved restoring employees who either 2 had been terminated or otherwise disciplined and so 3 they -- those individuals, two of whom I 4 specifically mentioned, were the source of that 5 information. 6 Q 09:35AM And did -- which of them said that in 7 similar instances there was always a memorandum or 8 other written confirmation from someone from county 9 counsel accompanying a request of the type that you 10 mentioned? 09:35AM 11 A Both of the individuals I named. 12 Q You're referring to Ms. Yip and Ms. Rinard? 13 A Yes. 14 Q Did you ask them whether there were any 15 instances in which a request for back pay had been 16 made for a county employee which was not accompanied 17 by some type of memo or written approval by the 18 county counsel's office? 19 A I don't remember specifically asking them, 20 but over the course of our conversation I was 21 clearly led to believe that there were no such 22 instances as you've described. 23 Q 09:35AM 09:36AM Have you ever learned of any instance in 24 which the auditor-controller's department authorized 25 payment of back pay to a county employee without a 09:36AM Page 23 Veritext Legal Solutions 866 299-5127 Page 710 1 memo or other written approval document from the 2 county counsel office authorizing the 3 auditor-controller to do that? 4 A I'm not aware of any such instance. 5 Q What, if any, investigation did you do 6 besides speaking with Ms. Yip and Ms. Rinard to 7 determine whether there was any other instance of 8 the sort I just asked you about? 9 A I asked them to check again with any staff 10 who may have other familiarity with this area just 11 to be assured of that. 12 Q again after making that request of them about that 14 request? A Yes, I did, and it came to my attention 16 that there were no other instances that anyone could 17 recall where such a direction to the 18 auditor-controller came about without county counsel 19 sign off. 20 Q Did Ms. Yip or Ms. Rinard say what period 21 of time they checked records for to investigate your 22 question? 23 A No, I don't recall that they did. 24 Q Are you aware of any rule anywhere that 25 09:37AM And did you ever communicate with them 13 15 09:36AM required county counsel to submit some type of 09:37AM 09:38AM 09:38AM Page 24 Veritext Legal Solutions 866 299-5127 Page 711 1 written documentation to the auditor-controller's 2 department before auditor-controller could authorize 3 payment of back pay to a county employee? 4 A I'm not aware of a rule per se. In 5 consultation with our county counsel, I became aware 6 that there were either statutes or rules governing 7 such. 8 9 Q Are you saying that you believe there is a rule that required county counsel to provide written 10 approval before auditor-controller could make back 11 pay to a county employee? 12 MS. HASHMALL: Objection. to reiterate if your information or knowledge comes 14 from communications with counsel, I'm instructing 15 you not to answer. 16 THE DEPONENT: 09:39AM Based on counsel's advice, 17 the information I obtained in this area was pursuant 18 to discussion with county counsel. 19 BY MR. GORDON: Q 09:39AM I'm just going 13 20 09:38AM But as you sit here today, without telling 21 me your basis for believing why the rule does 22 establish that, can you tell me -- can you point me 23 to any rule you're aware of that you believe 24 requires county counsel to submit written approval 25 before the auditor-controller department can 09:39AM 09:40AM Page 25 Veritext Legal Solutions 866 299-5127 Page 712 1 2 3 4 authorize back pay to a county employee? A No, I don't have a specific reference in that respect. Q And the same question as to any written 5 policy that makes written approval of the county 6 counsel's office a requirement before 7 auditor-controller can authorize back pay, are you 8 aware of any? 9 A No. 10 Q Same question as to written procedure. 11 A I'm not aware of a specific procedure. 12 Q And finally same question as to a written 13 A Nor am I aware of written guidelines. 15 Q Is your understanding of there being an 17 09:40AM guideline. 14 16 09:40AM 09:40AM approval requirement -- strike that. Is your -- did you understand while you 18 were auditor-controller that the auditor-controller 19 had any say in determining whether a county 20 department could rehire or reinstate an employee if 21 there was no request for back pay or restoration of 22 any other financial compensation for the period of 23 time the employee was off duty? 24 MS. HASHMALL: 25 Answer to the best of your ability if you 09:41AM Objection; vague, compound. 09:41AM Page 26 Veritext Legal Solutions 866 299-5127 Page 713 1 understand the question. 2 BY MR. GORDON: 3 Q Do you understand what I'm asking you? 4 A Could you repeat the question, please? 5 Q Did you understand while you were 6 auditor-controller that the auditor-controller had 7 any say in determining whether a county department 8 could rehire an employee who had been discharged if 9 there was no request for any financial compensation 10 11 during the time the employee was off duty? A auditor-controller has a say, as I understand that, 13 that would be involvement in bringing a county 14 employee back did you say without compensation? 16 Q 09:42AM So I understand the question to be if the 12 15 09:41AM Without compensation for the time the 09:42AM employee was off duty. 17 A You just simply come back to work? 18 Q Right. 19 A I can't tell you that I specifically know 20 the auditor-controller's involvement. I can tell 21 you that the auditor-controller as the department 22 responsible for issuing the payroll would likely be 23 involved with the department that would be seeking 24 to bring the employee back as well as potentially 25 other county departments. 09:42AM 09:43AM Page 27 Veritext Legal Solutions 866 299-5127 Page 714 1 Q So what I'm asking you is are you aware of 2 the auditor-controller having any authority to 3 dictate to someone like the sheriff's department 4 whether it can reinstate a discharged employee if 5 the department is not asking for payment of any 6 compensation covering the time period the employee 7 was off duty? 8 9 10 11 A I don't believe the auditor-controller would have a role specifically in the circumstances you just described. Q 09:43AM Are you aware of any of the procedures 12 governing payment of back pay for reinstated deputy 13 sheriffs being any different from payment of back 14 pay for reinstated employees of some other county 15 department? 16 A 09:44AM I have very little direct knowledge of back 17 pay processes, and so I could not tell you that 18 there is a difference between sheriff employees and 19 the circumstances you described and those of any 20 other county department. 21 09:43AM Q 09:44AM Are you aware of any difference in approval 22 procedures for settlements with reinstated employees 23 of the sheriff's department and approval procedures 24 for settlements with reinstated employees of other 25 county departments? 09:44AM Page 28 Veritext Legal Solutions 866 299-5127 Page 715 1 A No, I am not aware of any such differences. 2 Q At any time while you served as auditor or 3 controller, did you ever play any role in deciding 4 whether to approve a county department settlement of 5 a dispute over discipline imposed on an employee? 6 A 09:45AM No, but I will disclose to you that I 7 served as a member of the county's claims board. 8 don't know if you are familiar with that, but that 9 is a three-member board which reviews and makes I 10 determinations as to whether settlement should take 11 place or settlement should be recommended to the 12 board of supervisors. 13 I served on the claims board for 14 approximately eight years. 15 where we rule on recommendations to settle claims 16 generally. 17 Q 18 Those are instances 09:45AM They could involve employment claims. And are you aware of ever -- strike that. As the claims board did the claim -- as a 19 member of the claims board, do you know whether the 20 claims board had the power to refuse to allow a 21 settlement between the parties in a particular 22 matter under consideration by the board? 23 A I don't understand the question. 24 Q What decision-making authority, if any, did 25 09:45AM the claims board have in determining whether a 09:46AM 09:46AM Page 29 Veritext Legal Solutions 866 299-5127 Page 716 1 2 settlement should be entered into? A Settlements were brought to the claims 3 board after they had already been agreed upon by the 4 county and the other party involved. 5 Q And at that point after the settlement had 6 been agreed to, what role did the claims board play 7 in evaluating that settlement? 8 9 A We would review the facts, we would have an opportunity to ask questions to representatives from 10 either the county counsel or the involved 11 department, we would look at the corrective action 12 plan of the department, and we would then deliberate 13 and make a decision as to whether or not we approve 14 the claim. 15 Q Do you know whether the Mandoyan settlement 16 was presented to the claims board for its 17 evaluation? 18 A I do not know. 19 Q What determined which settlements would be 20 presented to the claims board for determination of 21 whether to approve the settlement? 22 09:46AM A 09:47AM 09:47AM 09:47AM Matters that come before the claims board 23 are prescribed in the county code. There is a 24 specific process. 25 $20,000 generally came to the claims board for I can tell you that anything over 09:48AM Page 30 Veritext Legal Solutions 866 299-5127 Page 717 1 approval. 2 Q So every settlement -- to your knowledge, 3 during the time you were a member of the claims 4 board, every settlement that called for payment of 5 over $20,000 by the county had to be evaluated and 6 approved by the claims board before the payment 7 could be made? 8 9 10 MS. HASHMALL: Objection; misstates the witness' testimony. BY MR. GORDON: 11 Q 12 13 09:48AM Did I -- did I misunderstand you? MS. HASHMALL: He said generally first of all. 14 But you can answer. 15 Is there a new question pending or? 16 MR. GORDON: 17 18 19 Q 24 25 No, no. You can answer my question first if you understand it. MS. HASHMALL: Madam Court Reporter, can 09:48AM you read back the question, please? 22 23 09:48AM BY MR. GORDON: 20 21 09:48AM MR. GORDON: I'll restate it. BY MR. GORDON: Q So did every settlement to your knowledge during the time you were a member of the claims 09:49AM Page 31 Veritext Legal Solutions 866 299-5127 Page 718 1 board that called for payment of over $20,000 have 2 to be evaluated and approved by the claims board 3 before the county could make the payment? 4 A I can't say with absolute certainty that 5 every single one did because I can't tell you that 6 I'm aware of any exceptions to that process. 7 is a general guideline which from my perspective 8 brought to the claims board many matters that the 9 claims board was able to settle and many matters 10 which ultimately were placed on the board of 11 supervisors agenda for their consideration. 12 Q That 09:49AM So when the claims board couldn't or didn't 13 approve of a settlement, what would happen to the 14 claim in the ordinary course of the process? 15 you saying it would go to the board of supervisors 16 for its review? 17 18 A 09:49AM Are 09:50AM If the claims board did not act to recommend it to the board? 19 Q Yes. 20 A I can never -- I cannot recall that ever 21 happening. 22 claim, which in itself was rare, the claim went back 23 to the attorney that was handling the claim. 24 eight years there might have been one or two 25 instances like that. 09:50AM If the claims board did not approve a But in 09:50AM Page 32 Veritext Legal Solutions 866 299-5127 Page 719 1 Q And did every settlement agreement that 2 came to the claims board have any written -- have a 3 written approval accompanying it from the county 4 counsel's office? 5 A The matters presented to the claims board 6 had confidential memoranda from the county counsel's 7 office to the claims board. 8 Q In every instance? 9 A In every instance I can recall, yes. 10 Q Have you now told me any -- all you can 11 remember about any approval requirements in place at 12 any time between 2014 and your retirement that 13 governed whether the sheriff's department could pay 14 back pay to an officer returned to duty after being 15 discharged? 16 A Yes, I've disclosed everything I know. 17 Q Now, are you aware of the sheriff's 09:51AM 09:51AM 09:52AM 18 department between 2014 and your retirement ever 19 rehiring a peace officer who had been discharged by 20 the department? 09:52AM 21 A I am not aware of such an instance. 22 Q Are you aware of L.A.S.D. between 2014 and 23 your retirement ever reinstating a discharged peace 24 officer without an order from the civil service 25 commission or a court compelling reinstatement? 09:52AM Page 33 Veritext Legal Solutions 866 299-5127 Page 720 1 2 3 4 A Other than Deputy Mandoyan I am not aware of any. Q Now, did you do anything to support any candidate campaign for sheriff in 2018? 5 A I did not. 6 Q Did you make any contributions to any 7 09:52AM candidate for sheriff in 2018? 8 A I did not. 9 Q Did you have a preference for either 10 sheriff's candidate over another in the 2018 run-off 11 election between James McDonald and Alex Villanueva? 12 MS. HASHMALL: Objection; I think you're 13 invading the witness' privacy absent heightened 14 showing a good cause which cannot be met. 15 suggest that the witness can keep his political 16 decisions private. 17 MR. GORDON: 18 MS. HASHMALL: 20 BY MR. GORDON: 09:53AM I'm not asking you how you voted. I'm 22 asking did you prefer one candidate over another in 23 the 2018 run-off election between McDonald and 24 Villanueva? 25 MS. HASHMALL: 09:53AM But you can answer how you see appropriate to that question. Q I would Are you going to answer? 19 21 09:53AM I still think it intrudes 09:53AM Page 34 Veritext Legal Solutions 866 299-5127 Page 721 1 upon his privacy, so your... 2 THE DEPONENT: Well, I -- I did not have a 3 preference. 4 but other than having been acquainted with him or 5 having seen him in a couple of meetings I had no 6 other involvement with him. 7 obviously, so I would have interacted with his staff 8 not the sheriff himself. 9 BY MR. GORDON: 10 11 Q I did know I had met Sheriff McDonald, I knew his staff So was the answer to my question that you 09:54AM did or didn't have a preference? 12 MS. HASHMALL: Objection; he asked and 13 answered -- you asked and he answered it. 14 BY MR. GORDON: 15 Q You can answer. 16 A I did not have a strong preference for 17 either one. 18 Q 09:54AM Have you ever expressed any personal view 19 about Carl Mandoyan's discharge from the sheriff's 20 department? 21 A No, not that I can recall. 22 Q Have you ever held any personal view about 23 09:53AM 09:54AM Carl Mandoyan's discharge -- 24 A No. 25 Q -- from the sheriff's department? 09:54AM Page 35 Veritext Legal Solutions 866 299-5127 Page 722 1 A No. 2 Q Have you ever held any personal view about 3 the decision of the Villanueva administration to 4 return Carl Mandoyan to duty as deputy? 5 A Can you please repeat that? 6 Q Have you ever held any personal view about 7 the decision by the Villanueva administration to 8 return Carl Mandoyan to duty as an L.A.S.D. deputy? 9 10 A My personal view only relates to the legality of the reinstatement of Deputy Mandoyan. 11 Q And what is that personal view? 12 A That -- that I have serious concerns if he 13 was indeed brought back on the payroll illegally. 14 That would be concerning to me. 15 16 17 Q And what's your basis for serious concerns 09:55AM 09:55AM that he was brought back on the payroll illegally? A Again, those are issues that I learned 18 about in discussions with my staff and the county 19 counsel's office. 20 09:55AM Q Have you already told me in this deposition 21 so far about any of the serious -- of any of bases 22 for any serious concerns you have about whether 23 Mandoyan was brought back on the payroll illegally? 24 A We've discussed those previously, yes. 25 Q Is there -- is there any other basis for 09:56AM 09:56AM Page 36 Veritext Legal Solutions 866 299-5127 Page 723 1 your concerns beyond the ones you have already 2 testified about concerning any serious concerns you 3 had about the legality of the sheriff's department 4 return of Mandoyan to duty? 5 A No, there are none other than those. 6 Q Have you ever expressed any personal -- 7 strike that. 8 Other than your declaration in support of 9 the county's TRO application and a letter that you 10 wrote to Carl Mandoyan in your capacity as 11 auditor-controller, have you ever expressed any 12 personal view about the legality of the return of 13 Mandoyan to duty as a deputy? 14 15 MS. HASHMALL: foundation, vague and ambiguous. Answer to the best of your ability. 17 THE DEPONENT: because this was a significant matter for the 19 auditor-controller department, I'm sure that I had 20 discussions with the staff in my department that 21 were involved in this issue about Deputy Mandoyan 22 generally. 23 BY MR. GORDON: 25 09:57AM With regard to expressed, 18 Q 09:56AM Objection; improper 16 24 09:56AM 09:57AM Have you -- have you told me everything you can remember about any discussions you had with your 09:57AM Page 37 Veritext Legal Solutions 866 299-5127 Page 724 1 staff concerning the legality of sheriff's 2 department return of Mandoyan to duty? 3 A Yes. 4 Q So is there anything else that you can 5 remember that you haven't already told me that 6 concerns communications you had with any member of 7 your staff about the legality of the sheriff's 8 return of Mandoyan to duty? 9 A This sounds very similar to the question I 10 just answered, but I will again repeat. 11 have additional concerns. 12 Q I did not Alex Villanueva's conduct as sheriff other than 14 anything you've already discussed in today's 15 deposition? 16 A To whom? 17 Q Anybody. MS. HASHMALL: 09:58AM Well, so if in answering 19 this question you -- you either need to disclose 20 communications you had with counsel or other private 21 communications you may have had with a family 22 member, then I would instruct you not to answer. 23 09:58AM Have you expressed any personal view about 13 18 09:57AM MR. GORDON: 09:58AM So just to be clear, are you 24 instructing him not to answer on privilege grounds 25 if he spoke to a son or a daughter or a cousin? 09:59AM Page 38 Veritext Legal Solutions 866 299-5127 Page 725 1 MS. HASHMALL: If he spoke to his wife, I'm 2 going to instruct him that he has a privilege not to 3 disclose spousal communications. 4 5 You also are instructed not to answer any communications with counsel. 6 THE DEPONENT: 09:59AM Okay. Because the sheriff 7 was in the media quite a bit, it's -- it's very 8 possible that I had conversation with other people 9 about issues that were in the media, but I -- I 10 don't have a bias or other disposition positive or 11 negative with respect to Sheriff Villanueva. 12 BY MR. GORDON: 13 Q Have you ever expressed any personal view 14 you held about any action Sheriff Villanueva took 15 concerning deputy sheriffs who had been disciplined 16 by the sheriff's department? 17 A MR. GORDON: 19 THE VIDEOGRAPHER: Let's take a break. One moment, please. We're -- we're off the record. 21 (Recess.) 22 THE VIDEOGRAPHER: 23 record. 24 BY MR. GORDON: 25 Q 10:00AM No. 18 20 09:59AM The time is 9:59. 10:00AM And we're back on the The time is 10:08. One moment. 10:08AM Page 39 Veritext Legal Solutions 866 299-5127 Page 726 1 Have you ever heard anyone assert that 2 James McDonald's decision on discipline of a 3 particular officer was based in some way on whether 4 the officer supported McDonald as sheriff? 5 A I don't recall hearing that, no. 6 Q I'm handing the reporter to mark as 7 Exhibit 8 a document entitled "Respondent's 8 Defendant Sheriff Alex Villanueva and Los Angeles 9 County Sheriff's Department's Notice of Deposition 10 of John Naimo." 10:09AM 11 MS. HASHMALL: 12 MR. GORDON: 13 (Defendant's Exhibit 8 was marked 14 for identification.) 15 16 What was the number? 8. BY MR. GORDON: Q 10:09AM Would you look at Exhibit 8, specifically 17 Exhibit 1, which is about halfway through consisting 18 of the Deposition Subpoena? 19 A Exhibit 1, yes. 20 Q Do you recognize Exhibit 1 as a Deposition 21 10:09AM 10:10AM Subpoena that was served on you? 22 A Yes, I do. 23 Q After you got the Deposition Subpoena that 24 we have -- that's part of what we have marked 25 Exhibit 8, did you look through the entire Subpoena? 10:10AM Page 40 Veritext Legal Solutions 866 299-5127 Page 727 1 A Yes. 2 Q And did you see the attachment that lists 3 42 categories of documents that were requested for 4 you to produce at the time of your deposition? 5 A I did. 10:10AM 6 Q What, if anything, did you do to search for 7 any of the 42 categories of documents demanded by 8 the deposition subpoena? 9 A Being retired I did not take any county 10 records with me. 11 possession, and so I -- other than to familiarize 12 myself with what was being requested, I didn't do 13 much else. 14 Q I don't have county records in my So at any time between the time you retired 15 from the county on March 29, 2019 and today, have 16 you ever done anything to dispose of any of the 42 17 categories of documents -- dispose of any of the 18 documents called for in any of the 42 categories of 19 documents in Exhibit 8? 20 A No. 21 Q Same question as to destroy any such 22 10:11AM 10:11AM documents. 23 A Nor have I done anything to destroy. 24 Q Same question as to transfer to somebody 25 10:10AM else. 10:11AM Page 41 Veritext Legal Solutions 866 299-5127 Page 728 1 A I have not done that. 2 Q Have you refused to produce any documents 3 referenced in the 42 categories of documents in your 4 deposition subpoena which is part of Exhibit 8 based 5 on any objection to the Deposition Subpoena? 6 A No, I have not refused. 7 Q While you were auditor-controller, did you 8 know anything about the sheriff's department's 9 disciplinary proceedings against Deputy Mandoyan 10 that you haven't already told me about in this 11 deposition? 12 A 13 14 10:12AM No, there's no additional information I have regarding that. Q I assume you had no involvement in any 15 aspect of the actual disciplinary proceedings 16 against Mandoyan; is that right? 17 A Your assumption is correct, yes. 18 Q Now, other than what you have already told 19 me about in this deposition and what is referenced 20 in the declaration you submitted in support of the 21 county's TRO application and the letter you wrote to 22 Mandoyan, since retiring as auditor-controller, have 23 you learned anything about the disciplinary 24 proceedings concerning Mandoyan? 25 10:12AM A I have not. 10:12AM 10:12AM 10:13AM Page 42 Veritext Legal Solutions 866 299-5127 Page 729 1 Q To be fair, you also mentioned that you 2 read some media reports, so I'll include media 3 reports as one of the other bases for having learned 4 anything about disciplinary proceedings. 5 already said you have not as to the others, I assume 6 if I give you another -- another category of 7 information to rely on, your answer is still you 8 have told me everything you now have learned that 9 you're aware of about the disciplinary proceedings 10 11 Since you against Mandoyan; is that right? A do read the newspaper and I do read about the 13 county, so to the extent that there have been media 14 reports concerning either the sheriff or Deputy 15 Mandoyan, I most likely have read those. Q Okay. the civil service commission proceedings concerning 18 Mandoyan. Is that fair? 19 A That's correct. 20 Q While you were the auditor-controller, did 21 you know anything about any civil service commission 22 proceedings concerning Mandoyan? A 10:13AM I assume you had no involvement in 17 23 10:13AM Well, if you wish to include media, I still 12 16 10:13AM 10:14AM Not prior to the issue of Deputy Mandoyan 24 having been reinstated which we discussed earlier in 25 the deposition. I had no prior knowledge of any 10:14AM Page 43 Veritext Legal Solutions 866 299-5127 Page 730 1 2 civil service commission proceeding in that respect. Q I'm now handing to the court reporter a 3 document entitled "Declaration of John Naimo In 4 Support of Petitioner Plaintiff's County of 5 Los Angeles' Application For Temporary Restraining 6 Order and Order to Show Cause." 7 18 pages. It looks like it's 8 (Defendant's Exhibit 9 was marked 9 for identification.) 10 11 BY MR. GORDON: Q 10:15AM Would you look at that and tell me whether 12 you -- you recognize it other than the fact that 13 certain portions relating to personnel record 14 information appear to have been blacked out and 15 redactions. 16 A 17 18 19 20 10:15AM 10:15AM I have the document in front of me and I am familiar with it, yes. Q When is the first time you ever learned of the existence of Carl Mandoyan? A Most likely I first became aware of Carl 21 Mandoyan through media reports concerning him that 22 to the best of my knowledge began in mid-January. 23 Q Of 2019? 24 A Correct. 25 Q Now, looking at Pages 2 and 3 of Exhibit 9, 10:15AM 10:15AM Page 44 Veritext Legal Solutions 866 299-5127 Page 731 1 is that the declaration that we've been referencing 2 during this deposition that you submitted or that 3 was submitted on your behalf in support of the 4 county's application for a Temporary Restraining 5 Order? 6 A 7 8 9 10:16AM Yes, this is declaration that I signed and reviewed. Q And when you signed and reviewed, it contained an Exhibit A and Exhibit B; is that right? 10 A That's correct. 10:16AM 11 Q And the documents in Exhibit A and 12 Exhibit B in Exhibit 9 are the documents that were 13 attached to your declaration at the time you signed 14 it, but for the fact that certain confidential 15 portions or sensitive personal information has been 16 blacked out from certain portions of the records. 17 Is that fair? 18 A That is correct. 19 Q Now, do you know who prepared the text of 20 this declaration in Exhibit 8 -- sorry -- Exhibit 9? 21 A The two-page declaration? 22 Q Yes. 23 A This text was prepared in conjunction with 24 the county counsel's office and with the involvement 25 of my staff. 10:16AM 10:17AM 10:17AM Page 45 Veritext Legal Solutions 866 299-5127 Page 732 1 Q And who from the county counsel's office is 2 it your understanding participated in preparing this 3 declaration? 4 MS. HASHMALL: 5 to answer. 6 BY MR. GORDON: 7 Q Objection; instruct you not 10:17AM Who from your staff participated in 8 preparing the text of this declaration to your 9 knowledge? 10 11 12 A Ms. Yip and Ms. Rinard would have been involved in the declaration process. Q When you say they would have been involved, 13 are you saying you assume they would be the people 14 who were involved or are you saying you know they're 15 the person? 16 A 10:18AM I do in fact know that this declaration was 17 shared with them before I signed it. 18 was specifically sought. 19 Q Their input Did you provide any of the information to 20 anybody for -- that's in the declaration for 21 inclusion in the declaration? 22 MS. HASHMALL: to answer on any communications involving counsel. 24 BY MR. GORDON: Q 10:18AM Objection; instruct you not 23 25 10:17AM So, for example, irrespective of your 10:18AM Page 46 Veritext Legal Solutions 866 299-5127 Page 733 1 counsel's instruction, if you provided it to Ms. Yip 2 or Ms. Rinard, can you answer -- are you willing to 3 answer whether you provided any of this information 4 to them so that it got into the declaration? 5 A I believe I shared with them the text 6 that's contained in the declaration so that they 7 were aware of what I was signing off on. 8 9 10 11 12 Q What I mean is I assume you didn't type up this declaration; right? A Did I type it up from a blank piece of paper by myself? Q Yeah. You're not the one who sat down and drafted all the language and prepared the 14 declaration? I'm just trying to get that straight. 15 A That's correct. 16 Q There's information stated in the 10:19AM declaration though; right? 18 A Yes, there is. 19 Q And I'm just trying to confirm did you 20 provide to Ms. Yip or Ms. Rinard any of the factual 21 information that you now see on the first page of 22 your declaration? 23 10:19AM Is that the question? 13 17 10:18AM A 10:19AM Well, to the extent that it involved 24 counsel, I'm instructed not to answer. What I can 25 tell you is that to the extent that there is factual 10:19AM Page 47 Veritext Legal Solutions 866 299-5127 Page 734 1 information on here, I wanted to assure myself 2 that -- that what I was declaring was consistent 3 with both Ms. Yip and Ms. Rinard's perspectives on 4 the whole matter. 5 6 Q And did you confirm with them which information -- strike that. 7 Which of the information contained in the 8 four paragraphs did you confirm with Ms. Yip and Ms. 9 Rinard was accurate to their knowledge? 10 A They were asked to look at the declaration 11 in its entirety. 12 interest to me that they confirm for example that 13 the dates upon which the auditor-controller received 14 certain information were in fact consistent with 15 their records and their recollection. 16 17 10:20AM Q 10:20AM It would have been especially of 10:20AM Now, Paragraph 2 of the declaration says in part (as read): 18 "A true and correct copy of 19 documents the department of 20 auditor-controller received from the 21 sheriff's department is attached 22 hereto as Exhibit A." 23 Do you see that -- 24 A I do. 25 Q -- on lines 14 through 16? 10:21AM 10:21AM Page 48 Veritext Legal Solutions 866 299-5127 Page 735 1 A Yes. 2 Q Is Exhibit A a true and correct copy of all 3 the documents the sheriff's department sent over 4 that you're referencing in Paragraph 2 understanding 5 that certain portions of those documents have been 6 blacked out for this deposition? 7 A They are, yes. 8 Q Now, the first sentence in Paragraph 3 says 9 (as read): 10 "That same day the 11 department of auditor-controller 12 alerted the office of the county 13 counsel of the sheriff's 14 department's request because the 15 settlement agreement did not contain 16 a signature by county counsel lawyer 17 or a counsel operating under county 18 counsel supervision which in the 19 normal course it would." 20 that? 10:22AM 10:22AM A Yes. 22 Q Which settlement agreement were you 23 referencing in the first sentence of Paragraph 3 of 24 your declaration in Exhibit 9? A 10:21AM Do you see 21 25 10:21AM There -- there's reference to a settlement 10:22AM Page 49 Veritext Legal Solutions 866 299-5127 Page 736 1 agreement that I believe was provided to my payroll 2 staff, again, Ms. Yip and Ms. Rinard. 3 4 Q So what I'm -- why I'm asking is the -- Paragraph 2 says (as read): 5 "A true and correct copy of 6 all the documents the Sheriff's 7 Department provided is in 8 Exhibit A," but I don't see a 9 settlement agreement in Exhibit A. 10 11 MS. HASHMALL: 14 MR. GORDON: Let me reframe the question. BY MR. GORDON: Q Did Exhibit A at the time you submitted it 15 for a filing in the proceedings on the TRO 16 application contain a settlement agreement? 17 10:23AM document. 12 13 Objection; misstates the 10:22AM A 10:23AM There is -- there is not a settlement 18 agreement attached to my declaration if that's the 19 question. 20 Q No. I under -- I can see that for myself. 21 A Yes. 22 Q What I'm asking you is do you remember 23 whether a settlement agreement was in the documents 24 that you had as part of Exhibit A at the time you 25 submitted the declaration for filing? 10:23AM 10:23AM Page 50 Veritext Legal Solutions 866 299-5127 Page 737 1 A No, I don't remember if it was there. I do 2 recall that my staff represented to me that they had 3 seen a copy of a settlement agreement. 4 Q Did you ever see a settlement agreement 5 between the sheriff's department and Mandoyan prior 6 to signing your March 1st declaration? 7 A I'm uncertain about whether it was before 8 or after I signed the declaration. 9 see a document that purported to be a settlement I eventually did 10 agreement that was signed by an administrative 11 person at the sheriff's department. 12 saw that I can't recall. 13 Q Is there any particular reason you didn't include a copy of the Mandoyan sheriff's department 15 settlement agreement as part of the documents 16 contained in Exhibit A to your declaration? 18 19 20 21 10:24AM When exactly I 14 17 10:24AM MS. HASHMALL: 10:24AM Objection; instruct you not to answer. MR. GORDON: And what's the basis for the instruction -- instruction? MS. HASHMALL: 10:25AM The decision as to what 22 documents to include as an attachment to the 23 declaration impermissibly intrudes upon his 24 communications with his counsel and I'm instructing 25 him not to answer. 10:25AM Page 51 Veritext Legal Solutions 866 299-5127 Page 738 1 2 3 BY MR. GORDON: Q Now, in the first sentence of Paragraph 3, it says in part (as read): 4 "The settlement agreement 5 did not contain a signature by a 6 county counsel lawyer or a counsel 7 operating under the county counsel 8 supervisor which in the normal 9 course it would." Do you see that? 10 A Yes. 11 Q What did you mean by saying that? 12 A What I meant is that it came to my 10:25AM 13 attention that a form of settlement agreement was 14 put into effect that was signed off by someone in an 15 administrative capacity in the sheriff's department 16 which had no information or other documentation if 17 you will that the county counsel's office had either 18 looked at or approved such a settlement. 19 20 21 Q 10:25AM And what did you mean specifically when you said "which in the normal course it would"? A 10:25AM 10:26AM The normal course goes back to testimony 22 I've previously given wherein I in consultation with 23 the payroll staff and the auditor's department had 24 seen many such reinstatements. 25 to me that those reinstatements were always My staff represented 10:26AM Page 52 Veritext Legal Solutions 866 299-5127 Page 739 1 accompanied by documentation either prepared by or 2 signed off by county counsel. 3 reference to. 4 Q That's what it is in While you were auditor-controller, were you 5 personally aware of whether settlement agreements 6 calling for back pay in the normal course contained 7 written approval either on it or accompanying it 8 from the county counsel? 9 10 11 A No, I would not have had direct involvement in those matters. Q 10:27AM Are you aware of the department of 12 auditor-controller ever paying back pay to a county 13 employee pursuant a settlement agreement that was 14 not signed by a county counsel lawyer or lawyer 15 operating under county counsel supervision? 16 A No, I am not. 17 Q And have you -- what, if any, investigation 18 did you ever do to determine whether that in fact 19 did happen? 20 A This is based on discussion with Ms. Yip, 21 Ms. Rinard, assurances that they had discussed 22 similar situations with their staff, and it was 23 represented to me that the matter regarding Mandoyan 24 was very unprecedented. 25 Q 10:27AM Paragraph 4 says (as read): 10:27AM 10:27AM 10:28AM Page 53 Veritext Legal Solutions 866 299-5127 Page 740 1 "Because county counsel has 2 not approved the settlement 3 agreement, the department of 4 auditor-controller sent Mr. Mandoyan 5 a letter explaining that his salary 6 and other payments had been 7 stopped." 8 And attached to your declaration as 9 Exhibit B is a copy of a letter from you to Caren 10 Carl Mandoyan dated February 28th, 2019; is that 11 correct? 12 A Yes, that's correct. 13 Q Now, what was your basis for the statement 14 in Paragraph 4 that county counsel had not approved 15 the settlement agreement that you reference in 16 Exhibit B? 17 A in consultation with my staff and the county 19 counsel's office, there had not been an appropriate 20 process or settlement agreement to restore Deputy 21 Mandoyan to the county as an employee and to pay 22 him. Q 10:28AM 10:28AM The -- the basis for the statement is that 18 23 10:28AM 10:29AM Did you prepare any portion of the 24 substance of the letter attached as Exhibit B to 25 your declaration that is the February 28, 2019 10:29AM Page 54 Veritext Legal Solutions 866 299-5127 Page 741 1 2 letter to Mr. Mandoyan? A I did not initially draft the letter. I 3 did review it, reviewed it several times, and made 4 recommended changes to it. 5 6 7 Q Which portions in this letter are your recommended changes? A I believe they were limited to the last 8 paragraph, and I would describe or characterize them 9 as mostly technical in nature. 10 Q Can you be more specific about which 11 sentences you're referring to in that -- when you 12 say "last paragraph," you're talking about the 13 second-to-the-last paragraph? 14 A Yeah. the paragraph that begins "in light of the above," I 16 wanted to make sure that all of those date 17 references were in fact accurate, that my staff had 18 the ability to take the action that this letter 19 effectively was proposing to do, and so it would 20 have been from that standpoint. 22 23 Q 10:30AM Not -- if you have any questions, 15 21 10:30AM 10:30AM 10:31AM Now, going to the first sentence in the letter, it says (as read): "Your September 14, 2016 24 discharge from the Los Angeles 25 County Sheriff's Department (the 10:31AM Page 55 Veritext Legal Solutions 866 299-5127 Page 742 1 department) was made final by the 2 civil service commission on May 3 23rd, 2018." 4 What was your factual basis for that 5 assertion? 6 that on? 7 A In other words, what were you basing My basis was that the civil service 8 commission had in fact rendered its finding in the 9 matter of Deputy Mandoyan's discharge. 10 11 12 13 14 Q And are you saying you personally checked A I did not. I relied on counsel who is involved in such matters. Q So can you tell me which, if any, factual assertions in this letter are ones that you 16 personally determined the accuracy of as opposed to 17 relying on someone else to do so? A I did read it. 20 it, and that based on my conversations with counsel 21 that it was factually correct with respect to those 22 details that I don't have personal knowledge of. Q 10:32AM As I answered before, I didn't draft this. 19 23 10:32AM the civil service commission -- 15 18 10:31AM I assured myself that I understood 10:32AM And I'm just trying to determine are there 24 any factual details in this letter that you do claim 25 to have personal knowledge of as the basis for 10:33AM Page 56 Veritext Legal Solutions 866 299-5127 Page 743 1 2 including them in the letter that you signed? A Again, I understood the circumstances that 3 surrounded Mandoyan's reinstatement. 4 that he was on the payroll without authorization 5 illegally, and I wanted to assure myself that the 6 action that the county and my letter was proposing 7 to take concerning Deputy Mandoyan could effectively 8 be carried out by members of my staff at the time. 9 10 Q 10:33AM Did you have any basis for your assertion in the first sentence of Paragraph 2? 13 (As read): "This letter is to notify 14 you that under the Los Angeles 15 County Charter and other laws, 16 Sheriff Villanueva was without 17 authority to settle your cases on 18 behalf of the county." 19 A discussions with county counsel that have specific 21 knowledge of the county charter in this area and the 22 ways in which there is authority to reinstate any 23 county employee including Deputy Mandoyan. 25 Q 10:34AM My basis for that assertion is again 20 24 10:33AM What was the basis for the assertion -- strike that. 11 12 I had concerns 10:34AM Which portion of the Los Angeles County charter were you referring to in your letter in the 10:34AM Page 57 Veritext Legal Solutions 866 299-5127 Page 744 1 first sentence of Paragraph 2? 2 MS. HASHMALL: Just to be mindful, 3 Mr. Naimo, that you've been instructed not to answer 4 any communications involving your counsel. 5 should not be disclosed. 6 line of questioning without disclosing those 7 confidential communications, go ahead, and if not, 8 then you should follow my instruction. 9 THE DEPONENT: That If you can answer this I do not have specific 10 knowledge of the county charter provisions that 11 specifically address the circumstances in the 12 letter. 13 provisions. 14 BY MR. GORDON: 15 Q Which quote other laws were you trying to convey to Mr. Mandoyan you were referring to in the 17 first sentence of the second paragraph? A other laws as referenced in that sentence. 20 have direct knowledge of what those other laws are. 22 23 24 25 Q 10:35AM I will repeat again that I am not aware of 19 21 10:35AM I don't have direct knowledge of those 16 18 10:34AM I don't 10:35AM Do you have indirect knowledge of what those other laws are? MS. HASHMALL: I'm just going to repeat my same instruction. THE DEPONENT: No. It would be speculation 10:35AM Page 58 Veritext Legal Solutions 866 299-5127 Page 745 1 as to what those laws might be. 2 BY MR. GORDON: 3 Q Now, do you claim to be a legal expert on 4 any of the assertions stated in your letter in 5 Exhibit B to Exhibit 9? 10:36AM 6 A I am not a legal expert. 7 Q In the first sentence of Paragraph 3, it 8 says (as read): 9 "Nor did Sheriff Villanueva 10 have authority to reinstate you." 11 What was your basis for asserting that 12 Sheriff Villanueva did not have authority to 13 reinstate Carl Mandoyan to serve as a deputy? 14 A The information in Paragraph 3 was again 15 described in consultation with county counsel's 16 office. 17 Q yourself of any of the legal basis asserted in 19 Paragraph 3 of your February 28, 2019 letter to Carl 20 Mandoyan? 22 23 24 25 A 10:37AM Do you claim to have personal knowledge 18 21 10:36AM 10:37AM I do not claim that I have personal knowledge. Q Do you claim to be -- strike that. Do you claim to be a legal expert on any of the matters contained in Paragraph 3 of your 10:37AM Page 59 Veritext Legal Solutions 866 299-5127 Page 746 1 February 28, 2019 letter to Carl Mandoyan? 2 A I do not claim such, no. 3 Q Do you claim to be an expert on L.A. County 4 civil service rules applicable to reinstatement of 5 deputy sheriffs who have been discharged? 6 A I do not. 7 Q What's your basis for the assertion in the 8 first paragraph -- first sentence of the 9 next-to-last paragraph on Page 18 of 18 which is 10 Page 2 of your February 28th letter? 11 (As read): your discharge from the department 13 made final by the civil service 14 commissions May 23rd, 2018 order 15 remains in full force and effect." 17 A I'm sorry. beginning of the question? Q What's your basis for that assertion? 19 A My basis for the assertion is the -- the 20 cumulative effect of the discussions I had with my 21 staff and the advice from counsel and my belief that 22 Deputy Mandoyan was placed on the payroll without 23 authorization. 25 10:38AM Could you please repeat the 18 24 10:38AM "In light of the above, 12 16 10:37AM Q 10:38AM Now, do you claim to have any personal knowledge of the legal basis for the assertion that 10:39AM Page 60 Veritext Legal Solutions 866 299-5127 Page 747 1 the discharge made final by the civil service 2 commission's May 23rd, 2018 order remained in full 3 force and effect? 4 A Again, as I've stated with other parts of 5 this letter, my information was derived in 6 consultation with the county counsel's office. 7 Q And was that the only basis you have for 8 making the assertion in the first sentence of the 9 top paragraph on Page 2 of your letter? 10 A I would add the conversations with payroll 11 staff that I've mentioned and the unprecedented 12 nature of Deputy Mandoyan's reinstatement. 13 Q paragraph on Page 2 of your letter to Deputy 15 Mandoyan says (as read): 16 10:40AM "Please be advised that you 17 are no longer a county employee." 18 Do you see that? 19 A I do. 20 Q Do you claim to have personal knowledge of 10:40AM the legal basis for that assertion? 22 A 23 basis. 24 interpretation of that basis. 25 10:39AM Now, in the second sentence of the top 14 21 10:39AM Q I am comfortable that there was a legal I do not have a specific legal You're relying on someone else as the 10:40AM Page 61 Veritext Legal Solutions 866 299-5127 Page 748 1 legal -- to provide the legal basis for that 2 assertion; is that right? 3 A That's correct. 4 Q Now, as auditor-controller, did you have 5 authority to instruct an employee of the sheriff's 6 department to immediately turn in any and all county 7 property? 8 9 10 11 12 A The intent of that sentence was to cause the employee to discontinue working after February 22nd. Q 10:41AM But my question is did you as auditor -- I'll rephrase my question. 13 As auditor-controller, did you believe that 14 you had the legal authority to instruct an employee 15 of the sheriff's department to immediately turn in 16 any and all county property? 17 A office, I did in fact believe and understand that I 19 had the authority to make that statement, yes. Q 10:41AM In consultation with the county counsel's 18 20 10:41AM Other than hearing from county counsel 21 whatever you heard from them, did you have any other 22 basis for believing that you as the 23 auditor-controller had the legal authority to direct 24 a sheriff's department employee to turn in any and 25 all county property? 10:41AM 10:42AM Page 62 Veritext Legal Solutions 866 299-5127 Page 749 1 A No. 2 Q And with respect to the last sentence of 3 the top paragraph on Page 2 of your February 28 4 letter to Carl Mandoyan, you said (as read): 5 "You are not authorized to 6 serve as a department employee." 7 I have the same question. That is did you 8 believe you had the legal authority to tell Carl 9 Mandoyan that he was not authorized to serve as a 10 11 department employee? A Yes, I did. 10:42AM Again, for same reasons that I 12 had mentioned earlier. 13 county counsel determined that I did have the 14 ability to communicate to Deputy Mandoyan that he 15 was not authorized to serve as a county employee. 16 17 Q I in consultation with And did you have any reason or basis for Did you have any reason other than 19 communications with county counsel to believe you 20 had the legal authority to make the assertion in the 21 last sentence of the top paragraph on Page 2 of your 22 letter to Mandoyan? 24 25 10:42AM making that -- for believing -- strike that. 18 23 10:42AM A No. 10:43AM There's nothing else I could cite beyond the county counsel's advice. MR. GORDON: All right. Let's take a short 10:43AM Page 63 Veritext Legal Solutions 866 299-5127 Page 750 1 break. 2 About five minutes. THE VIDEOGRAPHER: One moment. We're off 3 the record. The time is now 10:43 and this will be 4 the end of Disk 1 of the deposition of Mr. John 5 Naimo. 10:43AM 6 (Recess.) 7 THE VIDEOGRAPHER: Just one moment, please. 8 We're back on the record. 9 This is Disk 2 of the deposition of Mr. John Naimo. 10 The time is now 10:48. BY MR. GORDON: 11 Q 10:48AM Before I ask a whole series of questions, 12 let me see if I can avoid that need by asking you to 13 confirm. 14 existence of Mandoyan somewhere around January of 15 2019? Did you say that you first learned of the 10:49AM 16 A That's correct. 17 Q Between the time you first learned of Carl 18 Mandoyan and the day you retired as 19 auditor-controller, did you ever communicate with 20 Maya Lau of the L.A. Times about anything concerning 21 the sheriff's department? 22 A 10:49AM Maya Lau would e-mail me regarding many 23 sheriff matters seeking public record information. 24 It's possible that in her many inquiries to me 25 Deputy Mandoyan was the subject of one or more of 10:49AM Page 64 Veritext Legal Solutions 866 299-5127 Page 751 1 those. 2 Q And did you ever communicate anything back 3 to Maya Lau between the time you first learned -- 4 strike that. 5 Between the time you first learned of Carl 6 Mandoyan and the day you retired as 7 auditor-controller, did you ever communicate any 8 information about the Mandoyan matter back to Maya 9 Lau of the L.A. Times? 10 A No, I did not. 11 Q Between the time you first learned of Carl 10:50AM 12 Mandoyan and the day you retired from county 13 service, did you ever communicate with any person 14 you believe to be a member of the media about the 15 Mandoyan matter? 10:50AM 16 A No, I didn't. 17 Q And by that I'm saying did you communicate 18 any information or documents back to the person? 19 A To a member of the media? 20 Q Yeah. 21 A No. 22 Q Either directly or indirectly so far as you A So far as I know. 23 24 25 10:50AM 10:50AM know? I referred all media issues if there were any, and I believe there were 10:50AM Page 65 Veritext Legal Solutions 866 299-5127 Page 752 1 at least one or more from reporter Maya Lau to the 2 county counsel's office for their disposition. 3 Q Do you remember any of the particular 4 subjects of any of the inquiries Maya Lau made about 5 the Mandoyan matter to you while you were 6 auditor-controller? 7 A No, I don't remember the particulars. 8 Q So during the time you were 9 10:51AM auditor-controller, did you ever send any documents 10 concerning the Mandoyan matter to someone you 11 believe to be a member of the media? 12 A No. 13 Q After retiring from the position of 14 auditor-controller, did you ever communicate any 15 information about the Mandoyan matter to anyone you 16 believe to be a member of the media? 17 A No. 18 Q After retiring from the position of 19 auditor-controller, did you ever communicate any 20 document about the Mandoyan matter to anyone you 21 believe to be a member of the media? 22 A I did not. 23 Q About how many times do you think you 24 communicated with county counsel concerning the 25 Mandoyan matter while you were auditor-controller? 10:51AM 10:52AM 10:52AM 10:52AM Page 66 Veritext Legal Solutions 866 299-5127 Page 753 1 MS. HASHMALL: 2 to answer. 3 BY MR. GORDON: 4 Q Objection; instruct you not After retiring as auditor-controller, about 5 how many times, if any, did you communicate with 6 county counsel office about the Mandoyan matter? 7 MS. HASHMALL: 8 to answer. 9 BY MR. GORDON: 10 Q Objection; instruct you not During the time you were 11 auditor-controller, did you ever communicate with 12 anyone in the board of supervisor's office 13 concerning the Mandoyan matter? 14 MS. HASHMALL: instruct you not to answer if any of your 16 communications involving the board members also 17 involved legal counsel. THE DEPONENT: discussions concerning Mandoyan with either the 20 board of supervisors nor their staff. 21 BY MR. GORDON: Q 10:53AM I do not recall any 19 22 10:53AM Objection; I'm going to 15 18 10:53AM 10:53AM After you retired as auditor-controller, 23 did you ever communicate with anyone from the board 24 of supervisors or their staff concerning the 25 Mandoyan matter? 10:54AM Page 67 Veritext Legal Solutions 866 299-5127 Page 754 1 A No. 2 Q While you were auditor-controller, did you 3 communicate with anyone from the office of inspector 4 general about the Mandoyan matter? 5 MS. HASHMALL: Same instruction. If your 6 communications involved counsel in any way, you're 7 instructed not to answer. 8 9 THE DEPONENT: I did not communicate. BY MR. GORDON: 10 Q After -- you did not communicate with OIG? 11 A Correct. 12 Q After you retired as auditor-controller, 13 did you have any communications with anyone from the 14 Office of Inspector General's from the OIG regarding 15 the Mandoyan matter? A I did not. 17 Q Have you ever testified as a witness at a 18 trial? 19 A No. 20 Q And at the very beginning you said you had 10:55AM testified at a deposition before I think? 22 A Yes. 23 Q What kind of cases were those? 24 A One case was a whistleblower lawsuit 25 10:54AM 10:54AM 16 21 10:54AM I've been deposed four or five times. against the county. Another one was a sewer backup 10:55AM Page 68 Veritext Legal Solutions 866 299-5127 Page 755 1 dispute. 2 instance where the county was the plaintiff against 3 certain energy providers and I was deposed in that 4 matter. 5 6 Q A third one that comes to mind is an Is that the -- is that all you can recall about these cases, about the nature of those cases? 7 A Yes. 8 Q Have you ever served as an expert witness? 9 A I have not. 10 Q Since retiring as auditor-controller, have 11 you ever been interviewed in connection with the 12 Mandoyan matter? 13 A No. 14 Q Are you aware of any conduct by Alex 15 Villanueva that you haven't already discussed in 16 this deposition that you consider to be 17 inappropriate? A No. 19 Q Are you aware of any conduct by any officer 20 at the rank of chief or higher in the Villanueva 21 administration that you consider to be 22 inappropriate? 24 25 A 10:56AM 10:56AM 18 23 10:55AM 10:56AM I am not. MR. GORDON: Let's take a short break. may be finished. I 10:57AM Page 69 Veritext Legal Solutions 866 299-5127 Page 756 1 2 THE VIDEOGRAPHER: We're off the record. The time is 10:56. 3 (Recess.) 4 THE VIDEOGRAPHER: 5 record. 6 MR. GORDON: Okay. questions before I wrap up. 8 BY MR. GORDON: Q We're back on the The time is 11 o'clock. 7 9 One moment, please. I have a few final Are you aware of whether anyone employed by 10 the board of supervisors learned of any desire by 11 the Villanueva administration to return Carl 12 Mandoyan to work as a deputy -- that's bad syntax. 13 Let me restate it. 14 board of supervisors including any supervisors who 16 before Carl Mandoyan was returned to duty learned of 17 the sheriff's desire to return him to duty? 18 A I am not aware of that. 19 Q Same question for anyone employed by the executive office of the board of supervisors. 21 A I'm not aware of that either. 22 Q Same question as to anyone employed by the 23 11:00AM Are you aware of anyone employed by the 15 20 11:00AM 11:01AM 11:01AM Office of Inspector General. 24 A And I'm not aware of that either. 25 Q Same question as for any officer in the 11:01AM Page 70 Veritext Legal Solutions 866 299-5127 Page 757 1 office of county counsel. 2 A I'm not aware of that either. 3 Q And do you claim to have personal knowledge 4 of the county rules concerning rehiring of peace 5 officers? 11:01AM 6 A I don't have direct knowledge. 7 Q Do you claim to have personal knowledge of 8 9 10 the county's rules for reinstating peace officers? A either. 11 12 11:02AM MR. GORDON: All right. I have no further questions. 13 14 I don't have direct knowledge in that area MS. HASHMALL: Mr. Naimo, I just have one -- a clarifying question. 15 11:02AM 16 17 18 EXAMINATION BY MS. HASHMALL: Q You described earlier being aware of 19 certain documentation that had been transmitted to 20 members of your staff from the sheriff's department. 21 11:02AM Do you recall that testimony? 22 A Yes. 23 Q And you described your conclusion that this 24 was very unprecedented, this reinstatement of 25 Mr. Mandoyan. 11:02AM Page 71 Veritext Legal Solutions 866 299-5127 Page 758 1 Do you recall that testimony as well? 2 A Yes. 3 Q What -- what about this reinstatement was 4 5 unprecedented from your perspective? A I described it as unprecedented because the 6 auditor-controller's payroll staff who represented 7 to me that they had seen many similar such 8 reinstatement processes were not aware of any prior 9 to Deputy Mandoyan which -- where the documentation 10 was not accompanied by the county counsel's signoff. 11 And that's why in my view it was an unprecedented 12 reinstatement. 13 MS. HASHMALL: 11:02AM 11:03AM No further questions. 14 15 16 17 FURTHER EXAMINATION BY MR. GORDON: Q And are you basing your assertion that it 18 was unprecedented on information provided to you by 19 your staff as opposed to your personal knowledge? 20 11:03AM A That's correct. The -- the -- my basis for 21 concluding in such a way, it was based on discussion 22 with my staff who have many years of payroll 23 experience. 24 MR. GORDON: 25 MS. HASHMALL: 11:03AM I have no further questions. No questions. 11:04AM Page 72 Veritext Legal Solutions 866 299-5127 Page 759 1 THE VIDEOGRAPHER: Okay. This concludes 2 Disk 2 of the video deposition of Mr. John Naimo. 3 The time is 11:03. 4 (Discussion was held off the record.) 5 MR. GORDON: The standard stipulation that 6 we would propose would be relieve the court reporter 7 of duties under the code. 8 9 The court reporter is to send the original transcript and exhibits to you as counsel for the 10 witness with a copy to counsel for the deposing 11 parties who is us. 12 11:04AM The witness will have 30 days to review the 13 transcript and make any corrections and submit to 14 defense counsel any corrections in the original 15 transcript signed under penalty of perjury and at 16 the same time return the original exhibits. 17 30-day period will run from the date plaintiff's 18 counsel, you, receive the transcript and exhibits 19 from the reporter. 20 11:04AM 11:04AM The If for some reason the original of the 21 transcript is not corrected and/or signed and 22 returned within 30 days, the transcript shall be 23 deemed signed and a certified copy of the transcript 24 shall be used as if you were -- as if it were the 25 original version. 11:05AM 11:05AM Page 73 Veritext Legal Solutions 866 299-5127 Page 760 1 Deposing counsel will maintain custody of 2 the original transcript and exhibits if returned by 3 counsel for the witness and will lodge them in 4 connection with any hearings as they may be 5 necessary at least two days prior to the hearing 6 upon request by you, plaintiff's counsel, and will 7 lodge the original transcript with the court at the 8 time of trial without any need for a further request 9 by the witness' counsel. 10 If the original transcript and exhibit are 11 unavailable for any reason, certified copies in lieu 12 of originals could be used for all purposes. 13 MS. HASHMALL: 14 DEPOSITION REPORTER: 15 Do you want a copy, 11:05AM 16 MS. HASHMALL: 17 (Whereupon the deposition was 18 concluded at 11:05 a.m.) /// 20 /// 11:05AM So stipulated. ma'am? 19 11:05AM Yes. 21 22 23 24 25 Page 74 Veritext Legal Solutions 866 299-5127 Page 761 1 2 3 4 5 6 7 8 9 I, JOHN NAIMO, do hereby declare under penalty of perjury that I have read the foregoing 10 transcript; that I have made any corrections as 11 appear noted, in ink, initialed by me, or attached 12 hereto; that my testimony as contained herein, as 13 corrected, is true and correct. 14 EXECUTED this _____ day of ________________, 15 ______, at _____________________, _________________. (City) (State) 16 17 18 19 _________________________________ JOHN NAIMO 20 21 22 23 24 25 Page 75 Veritext Legal Solutions 866 299-5127 Page 762 1 I, the undersigned, a Certified Shorthand 2 Reporter of the State of California, Registered 3 Professional Reporter, Certified Live Note Reporter, 4 do hereby certify: 5 That the foregoing proceedings were taken 6 before me at the time and place herein set forth; 7 that any witnesses in the foregoing proceedings, 8 prior to testifying, were duly sworn; that a record 9 of the proceedings was made by me using machine 10 shorthand which was thereafter transcribed under my 11 direction; that the foregoing transcript is a true 12 record of the testimony given. 13 Further, that if the foregoing pertains to 14 the original transcript of a deposition in a Federal 15 Case, before completion of the proceedings, review 16 of the transcript [ 17 I further certify I am neither financially 18 interested in the action nor a relative or employee 19 of any attorney or party to this action. 20 ] was [ ] was not requested. IN WITNESS WHEREOF, I have this date 21 subscribed my name. 22 Dated: June 24, 2019 23 <%7317,Signature%> 24 RENEE A. PACHECO 25 CSR No. 11564 RPR, CLR Page 76 Veritext Legal Solutions 866 299-5127 Page 763 [& - agreement] & & 3:4 1 1 1:11,25 2:11 4:20,22 5:14 40:17,19,20 64:4 10 1:12,19 2:12,19 5:1 100 11:2 1000 3:16 10:08 39:23 10:43 64:3 10:48 64:8 10:56 70:2 10th 5:5,23 11 70:5 11564 1:23 2:21 76:25 11:03 73:3 11:05 2:19 74:18 13 4:23 14 4:20,20,22 48:25 55:23 15 4:21,21,22 16 48:25 18 44:7 60:9,9 19 4:23 1979 16:1,6 1980s 17:4 1990s 17:11 1999 3:16 19stcp00630 1:8 2:8 5:20 1st 51:6 2 2 4:21 44:25 48:16 49:4 50:4 57:12 58:1 60:10 61:9 61:14 63:3,21 64:9 73:2 20,000 30:25 31:5 32:1 2002 17:25 2014 17:25 18:1,6 18:25 33:12,18,22 2016 55:23 2018 18:25 34:4,7 34:10,23 56:3 60:14 61:2 2019 1:19 2:19 5:1 5:5 18:7,14,19 19:16 41:15 44:23 54:10,25 59:19 60:1 64:15 76:22 21 4:20 213 3:9 22nd 62:10 23 4:24 23rd 56:3 60:14 61:2 24 76:22 28 54:25 59:19 60:1 63:3 28th 54:10 60:10 29 18:19 41:15 29th 18:14 3 3 44:25 49:8,23 52:2 59:7,14,19,25 30 13:4 73:12,17 73:22 310 3:18 3382233 1:24 39 18:11 3rd 12:19 19:15 4 4 4:24 53:25 54:14 40 4:10 42 41:3,7,16,18 42:3 44 4:13 443-3000 3:9 46 4:22,23 5 5 4:4 51 4:23 552-4400 3:18 6 66 4:24 67 4:24 7 71 4:5 72 4:4 7317 76:23 76 1:25 8 8 4:10,21 40:7,12 40:13,16,25 41:19 42:4 45:20 865 2:17 3:7 5:22 9 9 4:13 44:8,25 45:12,20 49:24 59:5 90017 3:8 5:23 90067 3:17 9:15 2:18 5:2,5 9:59 39:20 a a.m. 2:18 5:2,5 74:18 ability 26:25 37:16 55:18 63:14 able 11:13 32:9 absent 34:13 absolute 32:4 accompanied 22:5 23:16 53:1 72:10 accompanying 23:9 33:3 53:7 account 16:5 accountant 15:22 16:10,16,21 17:1,6 17:8,14 accuracy 56:16 accurate 48:9 55:17 acquainted 35:4 act 32:17 action 6:5 30:11 39:14 55:18 57:6 76:18,19 actual 18:15 42:15 add 61:10 additional 38:11 42:12 address 58:11 addressed 13:7,10 administered 7:6 administration 19:8,23 20:20 36:3,7 69:21 70:11 administrative 51:10 52:15 advice 15:14 25:16 60:21 63:24 advised 61:16 affiliations 6:8 agenda 32:11 agree 5:13 agreed 30:3,6 agreement 14:22 33:1 49:15,22 50:1,9,16,18,23 51:3,4,10,15 52:4 52:13 53:13 54:3 54:15,20 Page 1 Veritext Legal Solutions 866 299-5127 Page 764 [agreements - aware] agreements 53:5 ahead 21:15 58:7 al 5:18 alerted 49:12 alex 1:9 2:9 4:10 5:17 6:13 19:14 20:12 34:11 38:13 40:8 69:14 allow 29:20 ambiguous 37:15 angeles 1:2,6,11 1:18 2:2,6,11,18 3:8,17 4:11,14 5:1 5:17,19,23 6:13,20 15:3,21,23 40:8 44:5 55:24 57:14 57:24 angels 1:9 2:9 answer 4:18 8:4,5 8:12,22 9:3,8,11 9:13,20,21 10:10 10:14 11:1,3,4,5 14:5,10,11,24 15:6 15:12,18 21:11,13 21:13 22:8 25:15 26:25 31:14,18 34:17,18 35:10,15 37:16 38:22,24 39:4 43:7 46:5,23 47:2,3,24 51:18,25 58:3,5 67:2,8,15 68:7 answered 35:13 35:13 38:10 56:18 answering 8:21 38:18 anybody 38:17 46:20 appear 44:14 75:11 appearance 6:10 appearances 3:1 applicable 60:4 application 4:14 12:25 13:19 37:9 42:21 44:5 45:4 50:16 appropriate 11:11 19:4 34:19 54:19 approval 20:25 21:5,9,22 23:17 24:1 25:10,24 26:5,16 28:21,23 31:1 33:3,11 53:7 approvals 19:7,22 20:12,18,22 21:17 approve 29:4 30:13,21 32:13,21 approved 31:6 32:2 52:18 54:2 54:14 approximately 13:2 16:7,13,18,23 17:10,18 18:8 29:14 approximating 10:12 approximation 10:6,10,24 area 20:16 24:10 25:17 57:21 71:9 asked 24:8,9 35:12 35:13 48:10 asking 8:2,22 23:19 27:3 28:1,5 34:21,22 50:3,22 64:12 asks 9:24 aspect 19:3 42:15 assert 40:1 asserted 59:18 asserting 21:22 59:11 assertion 56:5 57:9,11,19 60:7,18 60:19,25 61:8,21 62:2 63:20 72:17 assertions 56:15 59:4 assistant 17:21,22 22:11 associated 20:9 assume 14:1,7 16:9 18:1 42:14 43:5,16 46:13 47:8 assumed 9:4 assuming 11:18,21 assumption 42:17 assurances 53:21 assure 48:1 57:5 assured 24:11 56:19 attached 12:22 13:17 45:13 48:21 50:18 54:8,24 75:11 attachment 41:2 51:22 attention 21:4,8 24:15 52:13 attorney 3:6,15 6:11 8:8 9:10 32:23 76:19 audibly 8:13 audio 5:11,12 auditor 15:22 16:6 16:10,16 17:2,3,6 17:17,21,23,23 18:4,5,9,13,16,19 19:2,21 22:2,15,16 23:24 24:3,18 25:1,2,10,25 26:7 26:18,18 27:6,6,12 27:20,21 28:2,8 29:2 37:11,19 42:7,22 43:20 48:13,20 49:11 53:4,12 54:4 62:4 62:11,13,23 64:19 65:7 66:6,9,14,19 66:25 67:4,11,22 68:2,12 69:10 72:6 auditor's 52:23 authority 28:2 29:24 57:17,22 59:10,12 62:5,14 62:19,23 63:8,20 authorization 57:4 60:23 authorize 25:2 26:1,7 authorized 23:24 63:5,9,15 authorizing 24:2 avenue 3:16 avoid 64:12 aware 11:25 19:17 20:2,4,9,11,16,19 20:24 24:4,24 25:4,5,23 26:8,11 26:14 28:1,11,21 29:1,17 32:6 33:17,21,22 34:1 43:9 44:20 47:7 53:5,11 58:18 69:14,19 70:9,14 70:18,21,24 71:2 71:18 72:8 Page 2 Veritext Legal Solutions 866 299-5127 Page 765 [b - commented] b b 45:9,12 54:9,16 54:24 59:5 back 9:16 13:15 23:15,25 25:3,10 26:1,7,21 27:14,17 27:24 28:12,13,16 31:21 32:22 33:14 36:13,16,23 39:22 52:21 53:6,12 64:8 65:2,8,18 70:4 backup 68:25 bad 70:12 barondess 3:13 6:19 based 21:14 25:16 40:3 42:4 53:20 56:20 72:21 bases 36:21 43:3 basing 56:5 72:17 basis 21:7,21 25:21 36:15,25 51:19 54:13,17 56:4,7,25 57:9,11 57:19 59:11,18 60:7,18,19,25 61:7 61:21,23,24 62:1 62:22 63:16 72:20 began 44:22 beginning 2:18 16:6 60:17 68:20 begins 55:15 behalf 2:17 45:3 57:18 belief 11:4 60:21 believe 9:9 11:1,2 23:21 25:8,23 28:8 47:5 50:1 55:7 62:13,18 63:8,19 65:14,25 66:11,16,21 believing 25:21 62:22 63:17 best 9:2 10:12 11:4 12:1 26:25 37:16 44:22 better 9:13 beyond 37:1 63:24 bias 39:10 bit 39:7 blacked 44:14 45:16 49:6 blank 47:10 board 29:7,9,12 29:13,18,19,20,22 29:25 30:3,6,16,20 30:22,25 31:4,6 32:1,2,8,9,10,12 32:15,17,18,21 33:2,5,7 67:12,16 67:20,23 70:10,15 70:20 break 9:7,9,15,23 9:24,25 39:18 64:1 69:24 bring 14:18 27:24 bringing 27:13 brought 30:2 32:8 36:13,16,23 c california 1:1,18 2:1,18 3:8,17 5:1 5:19,23 76:2 call 9:15 called 31:4 32:1 41:18 calling 53:6 campaign 34:4 candidate 34:4,7 34:10,22 capacity 15:25 37:10 52:15 caren 1:10 2:10 54:9 carl 1:10 2:10 21:2 21:23 35:19,23 36:4,8 37:10 44:19,20 54:10 59:13,19 60:1 63:4,8 64:17 65:5 65:11 70:11,16 carried 57:8 case 68:24 76:15 cases 57:17 68:23 69:6,6 categories 41:3,7 41:17,18 42:3 category 43:6 caught 6:16 10:20 cause 4:15 34:14 44:6 62:8 cell 5:9 cellular 5:8 central 1:3 2:3 5:19 20:22 22:24 certain 9:20 44:13 45:14,16 48:14 49:5 69:3 71:19 certainty 32:4 certified 2:20 73:23 74:11 76:1 76:3 certify 76:4,17 chance 11:9 changes 11:10,12 55:4,6 characterize 55:8 charter 57:15,21 57:25 58:10 check 24:9 checked 24:21 56:10 chief 17:8,14,15 17:16,19 22:10 69:20 circumstances 28:9,19 57:2 58:11 cite 63:23 city 75:15 civil 33:24 43:17 43:21 44:1 56:2,7 56:11 60:4,13 61:1 claim 29:18 30:14 32:14,22,22,23 56:24 59:3,17,21 59:23,24 60:2,3,24 61:20 71:3,7 claiming 10:13 claims 29:7,13,15 29:16,18,19,20,25 30:2,6,16,20,22,25 31:3,6,25 32:2,8,9 32:12,17,21 33:2,5 33:7 clarification 9:1 clarifying 71:14 clear 10:11,23 38:23 clearheaded 12:4 clearly 23:21 clr 1:22 2:21 76:25 code 30:23 73:7 college 16:3 come 9:16 20:25 21:8 27:17 30:22 comes 25:13 69:1 comfortable 61:22 commented 11:13 Page 3 Veritext Legal Solutions 866 299-5127 Page 766 [commission - county] commission 33:25 43:17,21 44:1 56:2,8,11 commission's 61:2 commissions 60:14 committed 19:5 communicate 12:9 24:12 63:14 64:19 65:2,7,13,17 66:14 66:19 67:5,11,23 68:3,8,10 communicated 66:24 communication 21:12 communications 14:6 21:14 25:14 38:6,20,21 39:3,5 46:23 51:24 58:4 58:7 63:19 67:16 68:6,13 compelling 33:25 compensation 26:22 27:9,14,15 28:6 completing 17:14 completion 76:15 compound 26:24 concerning 14:2 20:13 36:14 37:2 38:1 39:15 42:24 43:14,17,22 44:21 57:7 64:20 66:10 66:24 67:13,19,24 71:4 concerns 36:12,15 36:22 37:1,2 38:6 38:11 57:3 concluded 17:1 74:18 concludes 73:1 concluding 72:21 conclusion 71:23 conduct 38:13 69:14,19 confidential 33:6 45:14 58:7 confirm 47:19 48:5,8,12 64:13 confirmation 14:14 23:8 conjunction 45:23 connection 11:22 15:4,15 20:17 69:11 74:4 consider 69:16,21 consideration 29:22 32:11 consistent 48:2,14 consisting 40:17 consult 9:9,23 consultation 25:5 52:22 54:18 59:15 61:6 62:17 63:12 contain 49:15 50:16 52:5 contained 45:9 47:6 48:7 51:16 53:6 59:25 75:12 continue 5:12 contributions 34:6 control 17:2,24 controller 17:17 17:21,23 18:4,5,13 18:19 19:2,21 22:2,15,16 24:3,18 25:2,10,25 26:7,18 26:18 27:6,6,12,21 28:2,8 29:3 37:11 37:19 42:7,22 43:20 48:13,20 49:11 53:4,12 49:13,16,17,18 54:4 62:4,13,23 51:24 52:6,6,7 64:19 65:7 66:6,9 53:2,8,14,15 54:1 66:14,19,25 67:4 54:14 56:12,20 67:11,22 68:2,12 57:20 58:4 60:21 69:10 62:20 63:13,19 controller's 17:3,6 66:24 67:6,17 18:9,16 23:24 68:6 71:1 73:9,10 25:1 27:20 72:6 73:14,18 74:1,3,6 conversation 74:9 23:20 39:8 counsel's 21:5,9 conversations 5:7 21:22 23:18 25:16 21:16 56:20 61:10 26:6 33:4,6 36:19 convey 58:16 45:24 46:1 47:1 convicted 11:19 52:17 54:19 59:15 copies 74:11 61:6 62:17 63:24 copy 48:18 49:2 66:2 72:10 50:5 51:3,14 54:9 county 1:2,6,9,11 73:10,23 74:14 2:2,6,9,11 4:11,14 correct 11:18,20 5:17,19 6:19 11:21,24 13:1,23 11:22,23 15:2,21 42:17 43:19 44:24 15:23,25 16:6,12 45:10,18 47:15 17:2 18:6,13,25 48:18 49:2 50:5 19:15 21:4,9,18,19 54:11,12 56:21 21:22 22:5 23:1,8 62:3 64:16 68:11 23:16,18,25 24:2 72:20 75:13 24:18,25 25:3,5,9 corrected 73:21 25:11,18,24 26:1,5 75:13 26:19 27:7,13,25 corrections 11:10 28:14,20,25 29:4 11:13 73:13,14 30:4,10,23 31:5 75:10 32:3 33:3,6 36:18 corrective 30:11 40:9 41:9,10,15 counsel 6:7 8:3,3 43:13 44:4 45:24 9:23,24 11:14 46:1 49:12,16,17 12:13 14:2,6 52:6,7,17 53:2,8 21:12,15,18,19 53:12,14,15 54:1 22:6 23:9 24:2,18 54:14,18,21 55:25 24:25 25:5,9,14,18 57:6,15,18,20,21 25:24 30:10 38:20 57:23,24 58:10 39:5 46:23 47:24 59:15 60:3 61:6 Page 4 Veritext Legal Solutions 866 299-5127 Page 767 [county - disciplined] 61:17 62:6,16,17 62:20,25 63:13,15 63:19,24 65:12 66:2,24 67:6 68:25 69:2 71:1,4 72:10 county's 12:24 13:18 29:7 37:9 42:21 45:4 71:8 countywide 22:11 couple 35:5 course 23:20 32:14 49:19 52:9 52:20,21 53:6 court 1:1 2:1 5:18 6:4,22 8:15,18 11:7 31:20 33:25 44:2 73:6,8 74:7 cousin 38:25 covering 28:6 csr 1:23 76:25 cumulative 60:20 custody 74:1 d d 22:12 date 5:5 10:7 55:16 73:17 76:20 dated 54:10 76:22 dates 48:13 daughter 38:25 day 18:12,15 22:2 22:2 49:10 64:18 65:6,12 73:17 75:14 days 73:12,22 74:5 december 18:25 19:15 deciding 29:3 decision 29:24 30:13 36:3,7 40:2 51:21 decisions 34:16 declaration 4:13 12:23,24 13:7,11 13:18,20,24 37:8 42:20 44:3 45:1,6 45:13,20,21 46:3,8 46:11,16,20,21 47:4,6,9,14,17,22 48:10,16 49:24 50:18,25 51:6,8,16 51:23 54:8,25 declare 75:8 declaring 48:2 deem 11:10 deemed 14:8,10 73:23 defendant 4:10 40:8 defendant's 40:13 44:8 defendants 1:13 2:13 3:12 4:9 defense 73:14 deliberate 30:12 demanded 41:7 department 1:10 1:11 2:10,11 6:14 13:14 17:23 19:9 19:24 22:2,15,16 23:24 25:2,25 26:20 27:7,21,23 28:3,5,15,20,23 29:4 30:11,12 33:13,18,20 35:20 35:25 37:3,19,20 38:2 39:16 48:19 48:21 49:3,11 50:7 51:5,11,14 52:15,23 53:11 54:3 55:25 56:1 60:12 62:6,15,24 63:6,10 64:21 71:20 department's 4:11 40:9 42:8 49:14 departments 27:25 28:25 deponent 7:3 21:16 25:16 35:2 37:17 39:6 58:9 58:25 67:18 68:8 deposed 7:15 68:22 69:3 deposing 73:10 74:1 deposition 1:17 2:16 4:12 5:11,15 5:21 6:2,23 7:12 7:19 8:19 11:9 12:10,21 13:21,24 14:2,10,19 15:4,10 15:16 36:20 38:15 40:9,18,20,23 41:4 41:8 42:4,5,11,19 43:25 45:2 49:6 64:4,9 68:21 69:16 73:2 74:14 74:17 76:14 deputy 13:15 20:3 20:5,15,17,21,23 21:6 22:4 28:12 34:1 36:4,8,10 37:13,21 39:15 42:9 43:14,23 54:20 56:9 57:7 57:23 59:13 60:5 60:22 61:12,14 63:14 64:25 70:12 72:9 derived 61:5 describe 55:8 described 13:14 23:22 28:10,19 59:15 71:18,23 72:5 desire 70:10,17 destroy 41:21,23 details 56:22,24 determination 30:20 determinations 29:10 determine 24:7 53:18 56:23 determined 30:19 56:16 63:13 determining 19:4 26:19 27:7 29:25 dictate 28:3 difference 28:18 28:21 differences 29:1 different 28:13 direct 28:16 53:9 58:12,20 62:23 71:6,9 direction 24:17 76:11 directly 65:22 discharge 35:19 35:23 55:24 56:9 60:12 61:1 discharged 27:8 28:4 33:15,19,23 60:5 disciplinary 42:9 42:15,23 43:4,9 discipline 19:4,10 19:25 20:14,20 21:3,24 29:5 40:2 disciplined 11:22 23:2 39:15 Page 5 Veritext Legal Solutions 866 299-5127 Page 768 [disclose - finally] disclose 15:8 29:6 38:19 39:3 disclosed 33:16 58:5 disclosing 58:6 discontinue 62:9 discuss 9:12,16,24 discussed 14:1 36:24 38:14 43:24 53:21 69:15 discussion 21:19 25:18 53:20 72:21 73:4 discussions 36:18 37:20,25 57:20 60:20 67:19 disk 64:4,9 73:2 dispose 41:16,17 disposition 39:10 66:2 dispute 19:10,24 20:14,20 21:2,24 29:5 69:1 district 1:3 2:3 5:20 division 17:15,16 17:19 22:10,18,25 docket 5:20 document 24:1 40:7 44:3,16 50:11 51:9 66:20 documentation 25:1 52:16 53:1 71:19 72:9 documents 7:11 12:20,22 13:3,5,9 13:17,19 41:3,7,17 41:18,19,22 42:2,3 45:11,12 48:19 49:3,5 50:6,23 51:15,22 65:18 66:9 draft 55:2 56:18 drafted 47:13 duly 76:8 duties 73:7 duty 26:23 27:10 27:16 28:7 33:14 36:4,8 37:4,13 38:2,8 70:16,17 e e 6:15 64:22 earlier 43:24 63:12 71:18 effect 52:14 60:15 60:20 61:3 effectively 55:19 57:7 eight 29:14 32:24 either 12:1 23:1 25:6 30:10 34:9 35:17 38:19 43:14 52:17 53:1,7 65:22 67:19 70:21 70:24 71:2,10 election 34:11,23 emanuel 3:4 5:22 employed 18:20 70:9,14,19,22 employee 11:23 18:9 23:16,25 25:3,11 26:1,20,23 27:8,10,14,16,24 28:4,6 29:5 53:13 54:21 57:23 61:17 62:5,9,14,24 63:6 63:10,15 76:18 employees 23:1 28:14,18,22,24 employment 15:24 29:16 energy 69:3 engagement 14:21 entered 30:1 entire 11:9 40:25 entirety 48:11 entitled 9:15,22 40:7 44:3 entity 18:20,22 especially 48:11 establish 25:22 estimate 10:12,24 et 5:18 evaluated 31:5 32:2 evaluating 30:7 evaluation 30:17 eventually 51:8 exact 10:5,7,10,13 10:14 exactly 51:11 examination 4:2 7:9 71:16 72:15 examined 7:6 example 9:13 10:6 46:25 48:12 exceptions 32:6 executed 75:14 executive 70:20 exhibit 4:10,13 40:7,13,16,17,19 40:20,25 41:19 42:4 44:8,25 45:9 45:9,11,12,12,20 45:20 48:22 49:2 49:24 50:8,9,14,24 51:16 54:9,16,24 59:5,5 74:10 exhibits 4:8 73:9 73:16,18 74:2 existence 44:19 64:14 experience 72:23 expert 59:3,6,24 60:3 69:8 explain 10:21 explaining 54:5 expressed 35:18 37:6,11,17 38:12 39:13 extent 43:13 47:23 47:25 f fact 14:15 44:12 45:14 46:16 48:14 53:18 55:17 56:8 62:18 facts 30:8 factual 47:20,25 56:4,14,24 factually 56:21 fair 43:1,18 45:17 false 7:23 familiar 19:7,12 19:22 29:8 44:17 familiarity 22:3 24:10 familiarize 41:11 family 38:21 far 36:21 65:22,24 february 54:10,25 59:19 60:1,10 62:10 63:3 federal 76:14 felony 11:19 figueroa 2:17 3:7 5:22 figure 9:19 filing 50:15,25 final 56:1 60:13 61:1 70:6 finally 26:12 Page 6 Veritext Legal Solutions 866 299-5127 Page 769 [financial - initialed] financial 26:22 27:9 financially 6:5 76:17 finding 56:8 finish 8:20,22 finished 17:5,19 69:25 firm 5:22 14:22 15:3 first 15:20,22 16:2 20:9 31:12,18 44:18,20 47:21 49:8,23 52:2 55:21 57:12 58:1 58:17 59:7 60:8,8 61:8 64:13,17 65:3,5,11 five 16:24 64:1 68:22 floor 5:23 follow 58:8 followed 14:11 follows 7:7 force 60:15 61:3 foregoing 75:9 76:5,7,11,13 form 52:13 forth 76:6 found 19:5 foundation 37:15 four 7:18 17:18 48:8 68:22 front 44:16 full 12:7 60:15 61:2 further 71:11 72:13,15,24 74:8 76:13,17 g general 32:7 68:4 70:23 general's 68:14 generally 13:12 20:2,5 29:16 30:25 31:12 37:22 give 7:1 12:1,7 43:6 given 52:22 76:12 giving 10:12 go 5:13 9:15,23 21:15 32:15 58:7 goes 52:21 going 11:8 14:4 21:10,12 25:12 34:17 39:2 55:21 58:23 67:14 good 5:4 6:18 34:14 gordon 3:5 4:4 6:12,12 7:10 14:7 14:13,17 15:1,7,13 15:19 21:20 25:19 27:2 31:10,16,17 31:22,23 34:17,20 35:9,14 37:23 38:23 39:12,18,24 40:12,15 44:10 46:6,24 50:12,13 51:19 52:1 58:14 59:2 63:25 64:10 67:3,9,21 68:9 69:24 70:6,8 71:11 72:16,24 73:5 governed 33:13 governing 25:6 28:12 grounds 38:24 guideline 26:13 32:7 guidelines 26:14 h half 16:13,18 18:11 halfway 40:17 hand 6:24 handing 40:6 44:2 handling 32:23 happen 32:13 53:19 happening 32:21 hashmall 3:14 4:5 6:18,19 8:11 14:3 14:4,12,16,23 15:5 15:9,11,15,17 21:10 25:12 26:24 31:8,12,20 34:12 34:18,25 35:12 37:14 38:18 39:1 40:11 46:4,22 50:10 51:17,21 58:2,23 67:1,7,14 68:5 71:13,17 72:13,25 74:13,16 hashmall's 14:22 15:3 head 8:14 heard 40:1 62:21 hearing 11:14 40:5 62:20 74:5 hearings 74:4 heightened 34:13 held 5:21 16:15,20 17:7,13,20 35:22 36:2,6 39:14 73:4 hereto 48:22 75:12 higher 69:20 hold 9:22 16:17,22 17:9 hours 12:17 hung 10:21 i identification 40:14 44:9 illegally 36:13,16 36:23 57:5 immediately 62:6 62:15 impermissibly 51:23 imposed 19:10,25 20:21 21:3,25 29:5 improper 37:14 inappropriate 69:17,22 include 43:2,11 51:14,22 including 57:1,23 70:15 inclusion 46:21 inclusive 1:12 2:12 index 4:1 indirect 58:21 indirectly 65:22 individual 1:10 2:10 individuals 23:3 23:11 information 10:5 15:8 21:14 23:5 25:13,17 42:12 43:7 44:14 45:15 46:19 47:3,16,21 48:1,6,7,14 52:16 59:14 61:5 64:23 65:8,18 66:15 72:18 initialed 75:11 Page 7 Veritext Legal Solutions 866 299-5127 Page 770 [initially - long] initially 55:2 ink 75:11 input 46:17 inquiries 64:24 66:4 inspector 68:3,14 70:23 instance 23:23 24:4,7 33:8,9,21 69:2 instances 22:4,20 22:22,23 23:7,15 23:22 24:16 29:14 32:25 instruct 14:5,9,24 15:6,12,18 21:12 38:22 39:2 46:4 46:22 51:17 62:5 62:14 67:1,7,15 instructed 22:4 39:4 47:24 58:3 68:7 instructing 25:14 38:24 51:24 instruction 4:18 10:18 14:11 47:1 51:20,20 58:8,24 68:5 instructs 8:4 intent 62:8 intentionally 7:23 interacted 35:7 interest 48:12 interested 6:6 76:18 interfere 5:11 interference 5:8 intermediate 16:10 interpretation 61:24 interviewed 69:11 intrudes 34:25 51:23 invading 34:13 investigate 24:21 investigation 24:5 53:17 involve 29:16 involved 23:1 27:23 30:4,10 37:21 46:11,12,14 47:23 56:13 67:17 68:6 involvement 27:13 27:20 35:6 42:14 43:16 45:24 53:9 involves 21:11 involving 21:14 46:23 58:4 67:16 irrespective 46:25 issue 20:3,5,22,22 37:21 43:23 issues 20:2,4,9,16 36:17 39:9 65:25 issuing 27:22 j james 18:24 34:11 40:2 january 44:22 64:14 jennifer 13:14 22:10 job 1:24 15:20,22 16:2 john 1:17 2:16 3:5 4:3,12,13 5:15 6:12,20 7:5 40:10 44:3 64:4,9 73:2 75:8,19 johngordon 3:10 june 1:19 2:19 5:1 5:5 12:19 76:22 k keep 34:15 kind 68:23 knew 35:6 know 7:25 8:12 9:5,7 10:7,10 11:1 11:2,3,16 18:24 19:14 27:19 29:8 29:19 30:15,18 33:16 35:3 42:8 43:21 45:19 46:14 46:16 65:23,24 knowledge 19:18 22:25 25:13 28:16 31:2,24 43:25 44:22 46:9 48:9 56:22,25 57:21 58:10,12,20,21 59:17,22 60:25 61:20 71:3,6,7,9 72:19 l l 6:15,15 l.a. 15:25 16:6,12 17:2 18:5,13,24 19:15 60:3 64:20 65:9 l.a.s.d. 19:4,11 20:14 21:1,23 33:22 36:8 land 10:20 language 47:13 late 17:4,11 lau 64:20,22 65:3 65:9 66:1,4 laura 22:11 law 3:6,15 5:21 laws 57:15 58:15 58:19,20,22 59:1 lawsuit 68:24 lawyer 49:16 52:6 53:14,14 learned 23:23 36:17 42:23 43:3 43:8 44:18 64:13 64:17 65:3,5,11 70:10,16 led 21:17 23:21 left 8:11 12:13 legal 9:10 15:14 59:3,6,18,24 60:25 61:21,22,23 62:1,1 62:14,23 63:8,20 67:17 legality 36:10 37:3 37:12 38:1,7 letter 22:6 37:9 42:21 54:5,9,24 55:1,2,5,18,22 56:15,24 57:1,6,13 57:25 58:12 59:4 59:19 60:1,10 61:5,9,14 63:4,22 lieu 74:11 light 55:15 60:11 limited 55:7 line 4:19 20:10 58:6 lines 48:25 lists 41:2 little 28:16 live 76:3 llp 3:13 located 5:22 lodge 74:3,7 long 12:16 13:2 16:5,11,17,22 17:9 17:16,22 Page 8 Veritext Legal Solutions 866 299-5127 Page 771 [longer - objection] longer 61:17 look 13:23 30:11 40:16,25 44:11 48:10 looked 52:18 looking 13:3,5 44:25 looks 44:6 los 1:2,6,9,10,18 2:2,6,9,10,18 3:8 3:17 4:10,14 5:1 5:17,19,23 6:13,20 15:3,21,23 40:8 44:5 55:24 57:14 57:24 m ma'am 74:15 machine 76:9 madam 31:20 mail 64:22 maintain 74:1 making 24:13 29:24 61:8 63:17 mandoyan 1:10 2:10 13:16 20:3,6 20:8,17,23 30:15 34:1 36:4,8,10,23 37:4,10,13,21 38:2 38:8 42:9,16,22,24 43:10,15,18,22,23 44:19,21 51:5,14 53:23 54:4,10,21 55:1 57:7,23 58:16 59:13,20 60:1,22 61:15 63:4,9,14,22 64:14 64:18,25 65:6,8,12 65:15 66:5,10,15 66:20,25 67:6,13 67:19,25 68:4,15 69:12 70:12,16 71:25 72:9 mandoyan's 21:2 21:6,24 22:5 35:19,23 56:9 57:3 61:12 march 10:8 18:7 18:14,19 41:15 51:6 mark 40:6 marked 40:13,24 44:8 material 7:23 matter 5:16 29:22 37:18 48:4 53:23 56:9 65:8,15 66:5 66:10,15,20,25 67:6,13,25 68:4,15 69:4,12 matters 13:6,10 14:2 19:13 21:5 22:25 30:22 32:8 32:9 33:5 53:10 56:13 59:25 64:23 maya 64:20,22 65:3,8 66:1,4 mcdonald 18:24 19:8 34:11,23 35:3 40:4 mcdonald's 40:2 mean 47:8 52:11 52:19 meant 52:12 media 5:14 20:7 39:7,9 43:2,2,11 43:13 44:21 65:14 65:19,24 66:11,16 66:21 medication 12:2 meetings 35:5 member 29:7,9,19 31:3,25 38:6,22 65:14,19 66:11,16 66:21 members 22:7,9 22:13 57:8 67:16 71:20 memo 23:17 24:1 memoranda 33:6 memorandum 22:6 23:7 mentioned 23:4,10 43:1 61:11 63:12 met 34:14 35:3 mhasmall 3:19 microphones 5:6 5:10 mid 44:22 miller 3:13 6:19 14:8 millerbarondess.... 3:19 mind 69:1 mindful 58:2 minutes 13:4 64:1 mira 3:14 6:18 8:11 misconduct 19:5 misstates 31:8 50:10 misunderstand 31:11 moment 39:19,25 64:2,7 70:1 monday 1:19 2:19 5:1 12:19 morning 5:4 6:18 n n 6:15 22:12 naimo 1:17 2:16 4:3,12,13 5:15 6:20 7:5,11 40:10 44:3 58:3 64:5,9 71:13 73:2 75:8 75:19 name 5:24 6:1 76:21 named 23:11 nature 55:9 61:12 69:6 necessary 74:5 need 9:7,8,9,23 38:19 64:12 74:8 needed 21:1,22 negative 39:11 neither 76:17 never 10:20,20 11:18 32:20 new 16:8 18:1 31:15 newspaper 43:12 nods 8:14 normal 49:19 52:8 52:20,21 53:6 note 5:6 76:3 noted 75:11 notes 14:18 notice 4:11 40:9 noticing 6:11 notify 57:13 number 5:20 40:11 o o'clock 70:5 oath 7:6,20,24 object 8:3 14:4 21:10 objection 14:23 15:5,11,17 25:12 26:24 31:8 34:12 35:12 37:14 42:5 46:4,22 50:10 51:17 67:1,7,14 Page 9 Veritext Legal Solutions 866 299-5127 Page 772 [objections - preference] objections 6:9 obtained 21:1,23 25:17 obviously 9:19 10:20 35:7 office 17:3,6 18:10 18:16 23:18 24:2 26:6 33:4,7 36:19 45:24 46:1 49:12 52:17 54:19 59:16 61:6 62:18 66:2 67:6,12 68:3,14 70:20,23 71:1 officer 19:11 33:14,19,24 40:3,4 69:19 70:25 officers 19:5 20:1 71:5,8 officially 18:12 oig 68:10,14 okay 8:24 11:5 21:16 39:6 43:16 70:6 73:1 once 12:15 ones 37:1 56:15 operating 49:17 52:7 53:15 opportunity 30:9 opposed 56:16 72:19 order 4:15,15 12:25 15:9 33:24 44:6,6 45:5 60:14 61:2 ordinary 32:14 original 73:8,14 73:16,20,25 74:2,7 74:10 76:14 originals 74:12 outcome 6:6 payment 23:25 25:3 28:5,12,13 p 22:10 31:4,6 32:1,3 p.m. 2:19 pacheco 1:22 2:20 payments 54:6 payroll 22:11,24 6:2,3 76:24 27:22 36:13,16,23 page 4:9,19 45:21 50:1 52:23 57:4 47:21 60:9,10 60:22 61:10 72:6 61:9,14 63:3,21 72:22 pages 1:25 44:7,25 peace 19:5,11,25 paper 47:11 33:19,23 71:4,8 paragraph 48:16 penalties 7:22 49:4,8,23 50:4 penalty 73:15 75:9 52:2 53:25 54:14 pending 5:18 9:8 55:8,12,13,15 31:15 57:12 58:1,17 59:7,14,19,25 60:8 people 22:24 39:8 46:13 60:9 61:9,14 63:3 percent 11:2 63:21 period 24:20 paragraphs 48:8 26:22 28:6 73:17 part 40:24 42:4 48:17 50:24 51:15 perjury 7:23 73:15 75:9 52:3 person 46:15 participate 19:3 51:11 65:13,18 participated 46:2 personal 35:18,22 46:7 36:2,6,9,11 37:6 particular 20:11 37:12 38:12 39:13 29:21 40:3 51:13 45:15 56:22,25 66:3 59:17,21 60:24 particulars 66:7 61:20 71:3,7 parties 5:13 29:21 72:19 73:11 personally 53:5 parts 61:4 56:10,16 party 6:5 30:4 personnel 44:13 76:19 perspective 32:7 pay 13:15 23:15 72:4 23:25 25:3,11 26:1,7,21 28:12,14 perspectives 48:3 pertains 76:13 28:17 33:13,14 petitioner 4:13 53:6,12 54:21 44:4 paying 15:3 53:12 p phones 5:9 pick 5:7 piece 47:10 place 5:10,13 29:11 33:11 76:6 placed 32:10 60:22 plaintiff 1:7 2:7,17 3:3 69:2 plaintiff's 4:14 44:4 73:17 74:6 plan 30:12 play 29:3 30:6 please 5:6,9 6:9,22 8:20 9:1 27:4 31:21 36:5 39:19 60:16 61:16 64:7 70:1 point 25:22 30:5 policy 26:5 political 34:15 portion 54:23 57:24 portions 44:13 45:15,16 49:5 55:5 position 16:8,11 16:14,17,19,20,22 17:7,9,13,20 18:1 18:3,18 66:13,18 positive 11:5 39:10 possession 41:11 possible 39:8 64:24 potentially 27:24 power 29:20 prefer 34:22 preference 34:9 35:3,11,16 Page 10 Veritext Legal Solutions 866 299-5127 Page 773 [prepare - rehiring] prepare 11:8 12:20 13:20,24 15:9 54:23 prepared 13:19 45:19,23 47:13 53:1 preparing 12:10 15:15 46:2,8 prescribed 30:23 present 6:7 presented 30:16 30:20 33:5 presumably 13:20 preventing 12:3 previously 36:24 52:22 principal 16:21 17:1,5 prior 43:23,25 51:5 72:8 74:5 76:8 privacy 34:13 35:1 private 5:7 34:16 38:20 privilege 9:11,14 9:25 38:24 39:2 privileged 9:21 probably 8:12 13:4,12 procedure 26:10 26:11 procedures 28:11 28:22,23 proceeding 6:9 11:15 44:1 proceedings 42:9 42:15,24 43:4,9,17 43:22 50:15 76:5 76:7,9,15 process 13:15 19:3 20:24 30:24 32:6 32:14 46:11 54:20 processes 22:3 28:17 72:8 produce 7:12 41:4 42:2 professional 16:2 76:3 property 62:7,16 62:25 propose 73:6 proposing 55:19 57:6 provide 10:9 13:15 25:9 46:19 47:20 62:1 provided 47:1,3 50:1,7 72:18 providers 69:3 provisions 58:10 58:13 public 64:23 purported 51:9 purposes 12:10 74:12 pursuant 25:17 53:13 put 20:5 52:14 q question 8:21,23 9:4,8,14,20,24 10:19,22 21:13 24:22 26:4,10,12 27:1,4,11 29:23 31:15,18,21 34:19 35:10 38:9,19 41:21,24 47:11 50:12,19 60:17 62:11,12 63:7 70:19,22,25 71:14 questioning 20:10 58:6 questions 8:2,5,13 9:2 10:17 14:5 30:9 55:14 64:11 70:7 71:12 72:13 72:24,25 quinn 3:4 5:22 quinnemanuel.c... 3:10 quite 39:7 quote 58:15 r r 22:12,12 raise 6:23 rank 69:20 rare 32:22 read 20:8 31:21 43:2,12,12,15 48:17 49:9 50:4 52:3 53:25 55:22 56:19 57:12 59:8 60:10 61:15 63:4 75:9 reason 11:25 12:5 12:6,8 51:13 63:16,18 73:20 74:11 reasonable 10:5,9 reasons 63:11 recall 22:18 24:17 24:23 32:20 33:9 35:21 40:5 51:2 51:12 67:18 69:5 71:21 72:1 receive 15:14 73:18 received 48:13,20 recess 39:21 64:6 70:3 recognize 40:20 44:12 recollection 10:13 13:6,9 48:15 recommend 32:18 recommendations 29:15 recommended 29:11 55:4,6 record 5:14 6:8,14 39:20,23 44:13 64:3,8,23 70:2,5 73:4 76:8,12 recorded 5:15 recording 5:12 records 24:21 41:10,10 45:16 48:15 redactions 44:15 reference 26:2 49:25 53:3 54:15 referenced 42:3 42:19 58:19 references 55:17 referencing 45:1 49:4,23 referred 65:24 referring 22:7,13 22:23 23:12 55:11 57:25 58:16 reframe 50:12 refresh 13:5 refreshed 13:9 refuse 14:11 29:20 refused 42:2,6 regard 37:17 regarding 20:7 42:13 53:23 64:22 68:14 registered 76:2 rehire 26:20 27:8 rehiring 33:19 71:4 Page 11 Veritext Legal Solutions 866 299-5127 Page 774 [reinstate - sentences] reinstate 26:20 28:4 57:22 59:10 59:13 reinstated 28:12 28:14,22,24 43:24 reinstatement 33:25 36:10 57:3 60:4 61:12 71:24 72:3,8,12 reinstatements 52:24,25 reinstating 33:23 71:8 reiterate 25:13 related 6:4 relates 36:9 relating 44:13 relative 76:18 relied 56:12 relieve 73:6 rely 43:7 relying 56:17 61:25 remain 16:5,11 17:16,22 remained 18:5 61:2 remains 60:15 remember 10:7 23:19 33:11 37:25 38:5 50:22 51:1 66:3,7 remind 21:11 rendered 56:8 renee 1:22 2:20 6:2,3 76:24 repeat 27:4 36:5 38:10 58:18,23 60:16 rephrase 9:3 10:22 62:12 reported 1:22 reporter 2:20 6:2 6:4,22,23 8:15,18 11:8 31:20 40:6 44:2 66:1 73:6,8 73:19 74:14 76:2 76:3,3 reports 20:7 43:2 43:3,14 44:21 represent 15:4 representatives 30:9 represented 8:8 51:2 52:24 53:23 72:6 request 13:13 22:21 23:9,15 24:13,14 26:21 27:9 49:14 74:6,8 requested 41:3,12 76:16 requesting 14:13 required 8:4 19:8 19:23 20:12,19 21:5,9,18 24:25 25:9 requirement 26:6 26:16 requirements 33:11 requires 25:24 respect 20:23 26:3 39:11 44:1 56:21 63:2 respondent's 4:10 40:7 response 7:12 responsible 27:22 restate 31:22 70:13 restoration 26:21 restore 54:20 restoring 23:1 restraining 4:15 12:25 44:5 45:4 retention 14:22 retired 18:7,18 41:9,14 64:18 65:6,12 67:22 68:12 retirement 33:12 33:18,23 retiring 42:22 66:13,18 67:4 69:10 return 36:4,8 37:4 37:12 38:2,8 70:11,17 73:16 returned 33:14 70:16 73:22 74:2 review 11:9 12:20 30:8 32:16 55:3 73:12 76:15 reviewed 12:22 45:7,8 55:3 reviews 29:9 richard 3:22 5:24 right 6:23 7:20 10:24 14:16 16:19 27:18 42:16 43:10 45:9 47:9,17 62:2 63:25 71:11 rinard 22:12 23:12 24:6,20 46:10 47:2,20 48:9 50:2 53:21 rinard's 48:3 role 28:9 29:3 30:6 room 6:7 rpr 1:22 2:21 76:25 rule 24:24 25:4,9 25:21,23 29:15 rules 25:6 60:4 71:4,8 run 34:10,23 73:17 s s 3:5 salary 54:5 sat 47:12 saw 51:12 saying 25:8 32:15 46:13,14 52:11 56:10 65:17 says 48:16 49:8 50:4 52:3 53:25 55:22 59:8 61:15 se 25:4 search 41:6 seated 8:11 12:13 second 10:8 55:13 58:17 61:13 see 34:19 41:2 47:21 48:23 49:19 50:8,20 51:4,9 52:9 61:18 64:12 seeking 27:23 64:23 seen 20:8 35:5 51:3 52:24 72:7 send 66:9 73:8 senior 16:16 sensitive 5:6 45:15 sent 49:3 54:4 sentence 49:8,23 52:2 55:21 57:12 58:1,17,19 59:7 60:8 61:8,13 62:8 63:2,21 sentences 55:11 Page 12 Veritext Legal Solutions 866 299-5127 Page 775 [september - support] september 55:23 series 64:11 serious 36:12,15 36:21,22 37:2 serve 59:13 63:6,9 63:15 served 7:13 18:13 29:2,7,13 40:21 69:8 service 11:23 33:24 43:17,21 44:1 56:2,7,11 60:4,13 61:1 65:13 set 76:6 settle 19:9,24 20:14,20 21:2,23 29:15 32:9 57:17 settlement 29:4,10 29:11,21 30:1,5,7 30:15,21 31:2,4,24 32:13 33:1 49:15 49:22,25 50:9,16 50:17,23 51:3,4,9 51:15 52:4,13,18 53:5,13 54:2,15,20 settlements 28:22 28:24 30:2,19 sewer 68:25 shakes 8:14 shared 46:17 47:5 sheriff 1:9 2:9 4:10 6:12 18:25 19:15,19 20:13 28:18 34:4,7 35:3 35:8 38:13 39:6 39:11,14 40:4,8 43:14 57:16 59:9 59:12 64:23 sheriff's 1:9,11 2:9 2:11 4:11 6:13 13:13 19:9,24 28:3,23 33:13,17 34:10 35:19,25 37:3 38:1,7 39:16 40:9 42:8 48:21 49:3,13 50:6 51:5 51:11,14 52:15 55:25 62:5,15,24 64:21 70:17 71:20 sheriffs 28:13 39:15 60:5 short 63:25 69:24 shorthand 2:20 76:1,10 show 4:15 44:6 showing 34:14 sic 5:17 sign 24:19 signature 49:16 52:5 76:23 signed 45:6,8,13 46:17 51:8,10 52:14 53:2,14 57:1 73:15,21,23 significant 37:18 signing 47:7 51:6 signoff 72:10 similar 22:4,20,22 22:23 23:7 38:9 53:22 72:7 simply 27:17 single 32:5 sir 6:24 sit 25:20 situations 53:22 six 16:24 smith 3:22 5:24 solemnly 6:25 somebody 41:24 son 38:25 sorry 5:25 45:20 60:16 sort 24:8 sought 46:18 sounds 38:9 source 23:4 south 2:17 3:7 5:22 speaker 8:20 speaking 24:6 specific 26:2,11 30:24 55:10 57:20 58:9 61:23 specifically 22:18 23:4,19 27:19 28:9 40:16 46:18 52:19 58:11 speculation 58:25 spend 13:2 18:9 spoke 22:1,14 38:25 39:1 spousal 39:3 staff 22:1,3,7,9,13 22:14,15,17 24:9 35:6,7 36:18 37:20 38:1,7 45:25 46:7 50:2 51:2 52:23,24 53:22 54:18 55:17 57:8 60:21 61:11 67:20,24 71:20 72:6,19,22 standard 73:5 standpoint 55:20 stars 3:16 state 1:1 2:1 6:8,9 6:25 75:15 76:2 stated 47:16 59:4 61:4 statement 7:24 54:13,17 62:19 statutes 25:6 stipulated 14:9 74:13 stipulation 14:8 73:5 stopped 54:7 straight 47:14 street 2:17 3:7 5:23 strike 21:7 22:19 22:21 26:16 29:17 37:7 48:6 57:10 59:23 63:17 65:4 strong 35:16 subject 7:22 21:18 64:25 subjects 66:4 submit 24:25 25:24 73:13 submitted 42:20 45:2,3 50:14,25 subpoena 7:12 40:18,21,23,25 41:8 42:4,5 subscribed 76:21 substance 54:24 substantive 14:1 suggest 34:15 suite 3:16 sullivan 3:4 superior 1:1 2:1 5:18 supervision 49:18 53:15 supervisor 52:8 supervisor's 67:12 supervisors 29:12 32:11,15 67:20,24 70:10,15,15,20 support 4:13 12:24 13:18 34:3 Page 13 Veritext Legal Solutions 866 299-5127 Page 776 [support - went] 37:8 42:20 44:4 45:3 supported 40:4 sure 6:15 11:2,3 37:19 55:16 surfaced 20:3,6,17 surrounded 57:3 swear 6:22 sworn 76:8 syntax 70:12 t take 5:13 8:19 29:10 39:18 41:9 55:18 57:7 63:25 69:24 taken 2:16 5:16 76:5 talking 10:23 55:12 technical 55:9 tell 15:20 25:22 27:19,20 28:17 30:24 32:5 44:11 47:25 56:14 63:8 telling 25:20 temporary 4:15 12:25 44:5 45:4 ten 17:10 tenure 17:1,5 term 17:14 terminated 23:2 testified 7:7 37:2 68:17,21 testify 12:21 testifying 76:8 testimony 6:25 12:1,7 31:9 52:21 71:21 72:1 75:12 76:12 text 45:19,23 46:8 47:5 thank 6:17,21 think 34:12,25 66:23 68:21 thinking 12:3 third 69:1 three 29:9 till 17:25 18:7 time 5:5 6:10 8:20 20:12 22:4,11 24:21 26:23 27:10 27:15 28:6 29:2 31:3,25 33:12 39:20,23 41:4,14 41:14 44:18 45:13 50:14,24 57:8 64:3,8,17 65:3,5 65:11 66:8 67:10 70:2,5 73:3,16 74:8 76:6 times 7:17 10:4,25 12:14 55:3 64:20 65:9 66:23 67:5 68:22 today 8:8 12:1,7 25:20 41:15 today's 5:4 38:14 told 22:20 33:10 36:20 37:24 38:5 42:10,18 43:8 top 61:9,13 63:3 63:21 total 18:8 transcribed 8:15 76:10 transcribing 8:18 transcript 11:8 73:9,13,15,18,21 73:22,23 74:2,7,10 75:10 76:11,14,16 transfer 41:24 transmitted 71:19 trial 5:18 11:14 68:18 74:8 tro 13:18 37:9 42:21 50:15 true 48:18 49:2 50:5 75:13 76:11 truth 7:1,1,2 truthful 12:7 try 10:22 trying 47:14,19 56:23 58:15 turn 5:9 62:6,15 62:24 two 12:17 23:3 32:24 45:21 74:5 type 23:9,17 24:25 47:8,10 u u 6:15 ultimately 32:10 unavailable 74:11 uncertain 10:19 51:7 undersigned 76:1 understand 7:19 8:6,16 9:2,14,17 10:2,15 11:12 21:1,17 26:17 27:1,3,5,11,12 29:23 31:19 62:18 understanding 15:2 26:15 46:2 49:4 understood 9:4 10:16 11:17 56:19 57:2 unit 5:14 unprecedented 53:24 61:11 71:24 72:4,5,11,18 urquhart 3:4 v v 6:15,15 vague 26:24 37:15 version 73:25 versus 5:17 video 5:12,15 73:2 videographer 3:21 5:4,25 6:3,17,21 39:19,22 64:2,7 70:1,4 73:1 videotaped 1:17 2:16 view 35:18,22 36:2 36:6,9,11 37:12 38:12 39:13 72:11 villanova 5:17 6:15 villanueva 1:9 2:9 4:10 6:13,14 19:14,23 20:13,19 34:11,24 36:3,7 39:11,14 40:8 57:16 59:9,12 69:15,20 70:11 villanueva's 38:13 voted 34:21 vs 1:8 2:8 w wait 8:20,21 want 9:12 74:14 wanted 48:1 55:16 57:5 way 19:3 40:3 68:6 72:21 ways 57:22 we've 36:24 45:1 week 10:8 went 32:22 Page 14 Veritext Legal Solutions 866 299-5127 Page 777 [whereof - yip] whereof 76:20 whispering 5:7 whistleblower 68:24 wife 39:1 willing 47:2 wish 43:11 witness 4:2 6:20 6:22 14:9,14 31:9 34:13,15 68:17 69:8 73:10,12 74:3,9 76:20 witnesses 76:7 words 8:13,14,19 56:5 work 18:16 22:24 27:17 70:12 worked 18:22 working 62:9 wrap 70:7 written 14:18,21 23:8,17 24:1 25:1 25:9,24 26:4,5,10 26:12,14 33:2,3 53:7 wrote 37:10 42:21 y y 22:10 yeah 47:12 55:14 65:20 year 15:24 16:7,18 16:25 years 16:13,24 17:10,18 18:8,11 29:14 32:24 72:22 yip 13:14 22:10 23:12 24:6,20 46:10 47:1,20 48:3,8 50:2 53:20 Page 15 Veritext Legal Solutions 866 299-5127 Page 778 California Code of Civil Procedure Article 5. Transcript or Recording Section 2025.520 (a) If the deposition testimony is stenographically recorded, the deposition officer shall send written notice to the deponent and to all parties attending the deposition when the Original transcript of the testimony for each session of the deposition is available for reading, correcting, and signing, unless the deponent and the attending parties agree on the record that the reading, correcting, and signing of the transcript of the testimony will be waived or that the reading, correcting, and signing of a transcript of the testimony will take place after the entire deposition has been concluded or at some other specific time. (b) For 30 days following each notice under subdivision (a), unless the attending parties and the deponent agree on the record or otherwise in writing to a longer or shorter time period, the deponent may change the form or the substance of the answer to a question, and may either approve the transcript of the deposition by signing it, or Page 779 refuse to approve the transcript by not signing it. (c) Alternatively, within this same period, the deponent may change the form or the substance of the answer to any question and may approve or refuse to approve the transcript by means of a letter to the deposition officer signed by the deponent which is mailed by certified or registered mail with return receipt requested. A copy of that letter shall be sent by first-class mail to all parties attending the deposition. (d) For good cause shown, the court may shorten the 30-day period for making changes, approving, or refusing to approve the transcript. (e) The deposition officer shall indicate on the original of the transcript, if the deponent has not already done so at the office of the deposition officer, any action taken by the deponent and indicate on the original of the transcript, the deponent's approval of, or failure or refusal to approve, the transcript. The deposition officer shall also notify in writing the parties attending the deposition of any changes which the deponent timely made in person. (f) If the deponent fails or refuses to approve the transcript within the allotted period, the Page 780 deposition shall be given the same effect as though it had been approved, subject to any changes timely made by the deponent. (g) Notwithstanding subdivision (f), on a seasonable motion to suppress the deposition, accompanied by a meet and confer declaration under Section 2016.040, the court may determine that the reasons given for the failure or refusal to approve the transcript require rejection of the deposition in whole or in part. (h) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to suppress a deposition under this section, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. DISCLAIMER: THE FOREGOING CIVIL PROCEDURE RULES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE ABOVE RULES ARE CURRENT AS OF APRIL 1, 2019. PLEASE REFER TO THE APPLICABLE STATE RULES OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION. Page 781 VERITEXT LEGAL SOLUTIONS COMPANY CERTIFICATE AND DISCLOSURE STATEMENT Veritext Legal Solutions represents that the foregoing transcript is a true, correct and complete transcript of the colloquies, questions and answers as submitted by the court reporter. Veritext Legal Solutions further represents that the attached exhibits, if any, are true, correct and complete documents as submitted by the court reporter and/or attorneys in relation to this deposition and that the documents were processed in accordance with our litigation support and production standards. Veritext Legal Solutions is committed to maintaining the confidentiality of client and witness information, in accordance with the regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA), as amended with respect to protected health information and the Gramm-Leach-Bliley Act, as amended, with respect to Personally Identifiable Information (PII). Physical transcripts and exhibits are managed under strict facility and personnel access controls. Electronic files of documents are stored in encrypted form and are transmitted in an encrypted fashion to authenticated parties who are permitted to access the material. Our data is hosted in a Tier 4 SSAE 16 certified facility. Veritext Legal Solutions complies with all federal and State regulations with respect to the provision of court reporting services, and maintains its neutrality and independence regardless of relationship or the financial outcome of any litigation. Veritext requires adherence to the foregoing professional and ethical standards from all of its subcontractors in their independent contractor agreements. Inquiries about Veritext Legal Solutions' confidentiality and security policies and practices should be directed to Veritext's Client Services Associates indicated on the cover of this document or at www.veritext.com. Page 782 1 2 3 4 5 6 Steven G. Madison (BarNo. 101 006) stevemadison@quinnemanuel.com John Gordon (Bar No. 112750) johngordon@quinnemanuel.com T. Scott Mills (Bar No. 313554) scottmills@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 865 South Figueroa Street, 1O'h Floor Los Angeles, California 90017-2543 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 7 Attorneys for Sheriff Alex Villanueva and Los Angeles County Sheriff's Department 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF LOS ANGELES 11 CENTRAL DISTRICT 12 COUNTY OF LOS ANGELES, CASE NO. 19STCP00630 13 RESPONDENTS/DEFENDANTS SHERIFF ALEX VILLANUEVA AND LOS ANGELES COUNTY SHERIFF'S DEPARTMENT'S NOTICE OF DEPOSITION OF JOHN NAIMO 14 Petitioner/Plaintiff, vs. 15 ALEX VILLANUEVA, Sheriff of Los Angeles County Sheriff's Department; 16 CAREN CARL MANDOYAN, an individual; LOS ANGELES COUNTY SHERIFF'S 17 DEPARTMENT; and DOES 1 through 10, inclusive, 18 Respondents/Defendants. 19 Date: Time: Place: June 10, 2019 9:00 am Quinn Emanuel Urquhart & Sullivan 65 S. Figueroa Street, 1Oth Floor Los Angeles, California 90017 20 21 22 23 24 25 26 27 AJtEB (/ DeP. n Dat~.JJIJ3. ()1 Rptr. WWW.DEPOBOOKPRODU=.COM 28 Case No. 19STCP00630 08988-00001/ 10843866. NOTICE OF DEPOSITION OF JOHN NAIMO Page 783 1 TO ALL PARTIES AND TI-IEIR COlJNSEL OF RECORD: 2 PLEASE TAKE NOTICE that, pursuant to California Code of Civil Procedure§ 2025.010, 3 et seq., Respondents/Defendants Sheriff Alex Villanueva and the Los Angeles County Sheriffs 4 Department will take the deposition of John Naimo on Monday, June 10, 2019 at 9:00 a.m., at the 5 offices of Quinn Emanuel Urquhart & Sullivan, located at 865 South Figueroa Street, lOth Floor, 6 Los Angeles, California 90017 continuing from day to day until completed, excluding Saturdays, 7 Sundays, and legal holidays. A copy of the subpoena is attached as Exhibit 1. 8 PLEASE TAKE FURTHER NOTICE that the deposition will be recorded stenographically 9 and videotaped, and may be used at trial. The deposition may also be recorded through the instant 10 visual display of the testimony. The deposition will be taken before a notary public or authorized 11 12 officers. PLEASE TAKE FURTHER NOTICE that, pursuant to California Code of Civil Procedure 13 section 2025.280 the deponent is to produce at the deposition the documents set forth in Exhibit A. 14 QUINNEMANUELURQUHART& SULLIVAN, LLP nJ~ . ~ ~(A./ By ~--~~~-------------------------- JohnS. Gordon Attorneys for Sheriff Alex Villanueva and Los Angeles County Sheriff's Department -208988.00001/10843866. Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 784 1 EXHIBIT A 2 DEFINITIONS 3 1. "BOARD OF SUPERVISORS" means the Los Angeles County Board of 4 Supervisors and Executive Office of Los Angeles County Board of Supervisors. 5 2. "COMMISSION" means Los Angeles County Civil Service Commission and 6 Office of Los Angeles County Civil Service Commission. 7 3. "COUNTY'' means the County of Los Angeles. 8 4. "COUNTY COUNSEL" means the County Counsel of Los Angeles County and 9 Office of County Counsel of Los Angeles County. 10 11 5. "COUNTY OFFICER" means any elective County officer as prescribed in Article IV, Section 12, of the Charter of the County of Los Angeles or appointive County officer as 12 prescribed in Article IV, Section 14, of the Charter of the County of Los Angeles. 13 6. "DEPUTY" means a Los Angeles Sheriff's Department Deputy Sheriff. 14 7. "DOCUMENTS" shall have the same meaning herein as in California Evidence 15 Code § 250, and shall include all writings, including, without limitation, handwriting, typewriting, 16 printing, photostating, photographing, photocopying, films, recordings, memoranda, books, 17 records, accounts, letters, electronic mail or facsimile, instant messaging, text messaging, voice 18 messaging, social media messaging and every other means of recording upon any tangible thing, 19 and any record thereby created, regardless of the manner in which the record has been stored, and 20 all non-identical copies of such. 21 8. "LASD" means the Los Angeles County Sheriff's Department. 22 9. "MANDOYAN" means Respondent/Defendant Caren Carl Mandoyan. 23 10. "RELATED TO" shall mean concerning, mentioning, referring to, pertaining to, 24 evidencing, identifying, incorporating, summarizing, involving, describing, discussing, 25 commenting on, embodying, responding to, supporting, contradicting, containing, or constituting 26 (in whole or in part). 27 11. "SHERIFF" means the Los Angeles County Sheriff. 28 -308988~0001/1 0843866. Case No. 19STCP00630 NOTICE OF DEPOSITJON OF JOHN NAIMO Page 785 12. "l.JNDERSHERIFF" means the Undersheriff of the Los Angeles Sheriff's 2 Department. 3 13. "VILLANUEVA" means Respondent/Defendant Los Angeles County Sheriff Alex 4 Villanueva. 5 6 INSTRUCTIONS 14. DOCUMENTS shall be produced in their original file folders, or any writing on the 7 file folder (or its label, tab or directory) from which each DOCUMENT is taken shall be copied 8 and appended to the DOCUMENT and the person, department, division, or office for whom or 9 which the DOCUMENT or the file folder is maintained shall be identified. 10 15. DOCUMENTS attached to each other shall not be separated. 11 16. Electronically stored information shall be produced in its native electronic 12 application and format. Electronically stored information shall be produced with all metadata and 13 shall not be altered in any way. 14 17. If you withhold any DOCUMENT based on some limitation of discovery, 15 including but not limited to a claim ofprivi1ege, you must supply a list of the DOCUMENTS 16 being withheld, indicating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 17 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 18 created or transmitted; (d) the subject matter indicated on the DOCUMENT, if any; (e) the number 19 of pages, including the presence of any appendices, exhibits or attachments; (f) all persons with 20 whom there was a communication concerning the DOCUMENT, including all persons to whom 21 the DOCUMENT was shown, distributed, discussed or explained; and (g) the claimed grounds for 22 exclusion from discovery. 23 18. If you lack the ability to comply with a request, you must specify whether the 24 inability to comply is because the particular DOCUMENT, item or category never existed; has 25 been destroyed; has been lost, misplaced or stolen; has never been in YOUR possession or was 26 once in YOUR possession but is no longer. You must also state the name and address of any 27 person known or believed by you to have possession of a DOCUMENT, item or category for 28 which you lack the ability to comply with a request for production. -408988-{)000111 0843866. Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 786 1 2 19. If a DOCUMEN T, item or category has been destroyed or discarded, identify that DOCUMENT by stating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 3 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 4 created or transmitted; (d) the subject matter and subject matter indicated on the DOCUMENT, if 5 any; (e) the number of pages, including the presence of any appendices, exhibits or attachments; 6 (f) all persons with whom there was a communication concerning the DOCUMENT, including all 7 persons to whom the DOCUMENT was shown, distributed, discussed or explained; (g) the date 8 of, manner of, and reason the DOCUMENT, item or category was destroyed or discarded; and (h) 9 the name and address of any person known or believed by you to have possession of a copy of the 10 DOCUMENT, item or category that was discarded or destroyed. 11 20. These requests call for the production of DOCUMENTS or things in YOUR 12 possession, custody or control, or in the custody or control of another if you have the right, 13 privilege or opportunity to examine it upon request or demand, whether or not such right, privilege 14 or opportunity has been exercised. Accordingly, all DOCUMENTS in the possession, custody or 15 control of any person or entity who performed management, bookkeeping, accounting, finance or 16 any similar service for you at any time, should be produced. 17 21. "All" includes "any" and "any" includes "all." 18 22. "All" includes "each" and "each" includes "all." 19 23. "Each" includes "every" and "every" includes "each." 20 24. "And", "or," and "and/or" shall be construed either disjunctively or conjunctively 21 as necessary to bring within the scope of the request all responses that might otherwise be 22 construed to be outside their scope. 23 25. The use of a verb in any tense shall be construed as the use of the verb in all other 26. The singular form of any word shall be construed to include the plural, and the 24 tenses. 25 26 plural form of any word shall be construed to include the singular. 27 28 -508988..()000 1/1 0&43866. Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 787 1 REQUESTS FOR PRODUCTION 2 3 REQUEST FOR PRODUCTION NO. 1: 4 All DOCUMENTS RELATING TO LASD's hiring, employment, internal investigation, 5 discipline, discharge, termination, firing, re-employment, rehiring, reinstatement, or rescission, 6 revocation, withdrawal or reversal of the discharge or firing, ofMANDOYAN; 7 8 REQUEST FOR PRODUCTION NO. 2: 9 All DOCUMENTS RELATING TO the conduct or misconduct ofMANDOYAN; 10 11 REQUESTFORPRODUCTIONNO. 3: 12 All DOCUMENTS RELATING TO COMMISSION proceedings concerning 13 MANDOYAN, including, but not limited to, all DOCUMENTS RELATED TO any appeal, 14 challenge to, decision to appeal, or decision not appeal any report, recommendation, order, ruling, 15 decision, or finding, by the COMMISSION or any hearing officer in a COMMISSION proceeding 16 concerning MANDOYAN; 17 18 REQUEST FOR PRODUCTION NO.4: 19 All DOCUMENTS RELATING TO the filing, litigation, merit, validity, possible 20 consequences, settlement, approval or non-approval of settlement, or dismissal of any lawsuit 21 brought by MANDOYAN in August 2018 against LASD or the COUNTY. 22 23 24 REQUEST FOR PRODUCTION NO. 5: All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 25 power or authority, of the SHERIFF or LASD to settle any lawsuit brought by MANDOYAN in 26 August 2018 against LASD or the COUNTY. 27 28 -608988-0000 Ill 0843866. Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 788 1 REQUEST FOR PRODUCTION NO. 6: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 4 present, to direct, control, settle, direct the settlement of, or refuse to allow a settlement of, a 5 lawsuit brought against LASD or the COUNTY. 6 7 REQUEST FOR PRODUCTION NO. 7: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 10 December 31, 2017, to direct, control, settle, direct the settlement of, or refuse to allow a 11 settlement of, a lawsuit brought against LASD or the COUNTY. 12 13 14 REQUEST FOR PRODUCTION NO. 8: All DOCUMENTS RELATING TO whether the BOARD OF SUPERVISORS or 15 COUNTY COUNSEL should approve, did approve, or should have approved the settlement of 16 any lawsuit brought by MANDOYAN in August 2018 against LASD or the COUNTY. 17 18 REQUEST FOR PRODUCTION NO.9: 19 All DOCUMENTS RELATING TO whether the BOARD OF SUPERVISORS or 20 COUNTY COUNSEL should disapprove, did disapprove, or should have disapproved the 21 settlement of any lawsuit brought by MANDO YAN in August 2018 against LASD or the 22 COUNTY. 23 24 REQUEST FOR PRODUCTION NO. 10: 25 All DOCUMENTS prepared, created, generated, or revised between December 3, 2018 26 and the present RELATING TO whether the BOARD OF SUPERVISORS or COUNTY 27 COUNSEL should approve or disapprove any settlement proposed or recommended by LASD, the 28 SHERIFF, or any senior executive member or officer ofLASD at a rank of Chief or higher, of any -7- 08988~0001/1 0843866 Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 789 1 pending or threatened lawsuit against LASD or the COl.JNTY or any case pending before the 2 COMMISSION involving a challenge to the discharge, termination, or firing of a DEPUTY. 3 4 REQUEST FOR PRODUCTION NO. 11 : 5 All DOCUMENTS prepared, created, generated, or revised between November 26, 2018 6 and the present RELATING TO the process, rules, system, or approval requirements for the 7 settlement, or approval by the BOARD OF SUPERVISORS or COUNTY COUNSEL of the 8 settlement, of any pending or threatened lawsuit against LASD or the COUNTY or any case 9 pending before the COMMISSION involving a challenge to the discharge, termination, or firing of 10 aDEPUTY. 11 12 REQUEST FOR PRODUCTION NO. 12: 13 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 14 power or authority, of a COUNTY OFFICER to settle a lawsuit brought against the COUNTY or a 15 COUNTY OFFICER. 16 17 REQUESTFORPRODUCTIONNO. 13: 18 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 19 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 20 present, to settle a lawsuit brought against the COUNTY or a COUNTY OFFICER, providing for 21 a settlement payment of$100,000 or less or a settlement payment ofless than $100,000. 22 23 REQUEST FOR PRODUCTION NO. 14: 24 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 25 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 26 December 31,2017, to settle a lawsuit brought against the COUNTY or a COUNTY OFFICER, 27 providing for a settlement payment of $100,000 or less or a settlement payment of less than 28 $100,000. -808988-00001110843866. Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 790 1 REQUESTFORPRODUCTIONNO. 15: 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 4 present, to settle any particular type of lawsuit, or types of lawsuits, brought against the COUNTY 5 or a COUNTY OFFICER. 6 7 REQUEST FOR PRODUCTION NO. 16: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 10 December 31, 2017, to settle any particular type of lawsuit, or types of lawsuits, brought against 11 the COUNTY or a COUNTY OFFICER. 12 13 14 REQUEST FOR PRODUCTION NO. 17: All DOCUMENTS RELATING TO the settlement between January 1, 2018 and the 15 present by a COUNTY OFFICER, without written approval of the BOARD OF SUPERVISORS 16 or COUNTY COUNSEL, of a lawsuit brought against the COUNTY or a COUNTY OFFICER. 17 18 REQUEST FOR PRODUCTION NO. 18: 19 All DOCUMENTS RELATING TO the settlement between January 1, 2013 and 20 December 31, 2017 by a COUNTY OFFICER, without written approval of the BOARD OF 21 SUPERVISORS or COUNTY COUNSEL, of a lawsuit brought against the COUNTY or a 22 COUNTY OFFICER. 23 24 REQUEST FOR PRODUCTION NO. 19: 25 All DOCUMENTS RELATING TO the settlement between January 1, 2018 and the 26 present by a COUNTY OFFICER, without an authorized signature by COUNTY COUNSEL or a 27 counsel operating under COUNTY COUNSEL's supervision, of a lawsuit brought against the 28 COUNTY or a COUNTY OFFICER. -908988..()0001/10843866. Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 791 1 REQUEST FOR PRODUCTION NO. 20: 2 All DOCUMENTS RELATING TO the settlement between January 1, 2013 and 3 December 31, 2017 by a COUNTY OFFICER, without an authorized signature by COUNTY 4 COUNSEL or a counsel operating under COUNTY COUNSEL's supervision, of a lawsuit 5 brought against the COUNTY or a COUNTY OFFICER. 6 7 REQUEST FOR PRODUCTION NO. 21: 8 All DOCUMENTS RELATING TO the interpretation, application, or enforcement of the 9 portion of the text in Article VI, Section 21 of the Charter of the County of Los Angeles stating 10 "The County Counsel ... shall have exclusive charge and control of all civil actions and 11 proceedings in which the County or any officer thereof, is concerned or is a party." 12 13 REQUEST FOR PRODUCTION NO. 22: 14 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 15 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 16 present, to rescind, revoke, withdraw, or reverse LASD's earlier discharge of a DEPUTY. 17 18 REQUEST FOR PRODUCTION NO. 23: 19 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 20 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 21 December 31,2017, to rescind, revoke, withdraw, or reverse LASD's earlier discharge of a 22 DEPUTY. 23 24 REQUEST FOR PRODUCTION NO. 24: 25 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 26 power or authority, of the SHERIFF or LASD, at any point between January 1, 2018 and the 27 present, to rescind, revoke, withdraw, or reverse LASD's discharge of a DEPUTY after final 28 COMMISSION action making a DEPUTY's discharge final. -1008988-QOOOJ /10843866. Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 792 1 REQUEST FOR PRODUCTION NO. 25 : 2 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 3 power or authority, of the SHERIFF or LASD, at any point between January 1, 2013 and 4 December 31, 2017, to rescind, revoke, withdraw, or reverse LASD's discharge of a DEPUTY 5 after final COMMISSION action making a DEPUTY's discharge final. 6 7 REQUEST FOR PRODUCTION NO. 26: 8 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 9 power or authority, of a COUNTY OFFICER, at any point between January 1, 2018 and the 10 present, to rescind, revoke, withdraw, or reverse an employee's discharge after final 11 COMMISSION action making the employee's discharge fmal. 12 13 REQUEST FOR PRODUCTION NO. 27: 14 All DOCUMENTS RELATING TO the power or authority, or limits or conditions on the 15 power or authority, of a COUNTY OFFICER, at any point between January 1, 2013 and 16 December 31, 2017, to rescind, revoke, withdraw, or reverse an employee's discharge after fmal 17 COMMISSION action making the employee's discharge final. 18 19 REQUEST FOR PRODUCTION NO. 28: 20 21 All DOCUMENTS RELATING TO the payment, non-payment, or termination of payment of salary, back pay, benefits, or other compensation to or for MANDO YAN. 22 23 24 REQUEST FOR PRODUCTION NO. 29: All DOCUMENTS RELATING TO the Los Angeles County Department of Auditor- 25 Controller's payment, non-payment, or termination of payment of salary, back pay, benefits, or 26 other compensation, at any point between January 1, 2018 and the present, to or for any COUNTY 27 employee who had been reinstated or rehired pursuant to a settlement agreement that did not bear 28 -1108988-{)000111 0843866. Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 793 1 a signature by COUNTY COUNSEL or an attorney operating under COUNTY COUNSEL's 2 supervision. 3 4 REQUEST FOR PRODUCTION NO. 30: 5 All DOCUMENTS RELATING TO the Los Angeles County Department of Auditor- 6 Controller's payment, non-payment, or termination of payment of salary, back pay, benefits, or 7 other compensation, at any point between, at any point between January 1, 2013 and December 8 31, 2017, for any COUNTY employee who had been reinstated or rehired pursuant to a settlement 9 agreement that did not bear a signature by COUNTY COUNSEL or an attorney operating under 10 COUNTY COUNSEL's supervision. 11 12 REQUEST FOR PRODUCTION NO. 31: 13 All DOCUMENTS RELATING TO any BOARD OF SUPERVISORS member's support 14 of Jim McDonnell against VILLANUEVA for SHERIFF in the 2018 election. 15 16 REQUEST FOR PRODUCTION NO. 32: 17 All DOCUMENTS RELATING TO any BOARD OF SUPERVISORS member's 18 opposition to VILLANUEVA for SHERIFF in the 2018 election. 19 20 REQUEST FOR PRODUCTION NO. 33: 21 All DOCUMENTS RELATING TO LASD's Truth and Reconciliation Panel or Truth and 22 Reconciliation Commission, the operations of said Panel or Commission, or the lawfulness of any 23 actions by said Panel or Commission concerning the review and/or rescission of the disciplinary 24 proceedings and discharge ofMANDOYAN or any other DEPUTY. 25 26 REQUEST FOR PRODUCTION NO. 34: 27 28 All DOCUMENTS RELATING TO Principal Deputy County Counsel Christopher (Chris) Keosian's attendance, participation, rendering oflegal advice, statements, observations, thoughts, -12- 08988.{)0001/1 0843866 Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 794 communications and receipt of instructions from COUNTY COUNSEL or any member or 2 employee ofthe Office of COUNTY COUNSEL concerning the discussions, consideration, or 3 actions ofLASD's Truth and Reconciliation Panel or Truth and Reconciliation Commission 4 regarding the review of or rescission of the disciplinary proceedings and discharge of 5 MANDOYAN. 6 7 REQUEST FOR PRODUCTION NO. 35: 8 All DOCUMENTS RELATING TO how and when COUNTY COUNSEL first learned, on 9 November 26,2018 or later, that any recommendation by any senior executive member or officer 10 of LASD at a rank of Chief or higher would be or had been made to the SHERIFF or 11 UNDERSHERIFF that MANDOYAN's discharge or termination be rescinded, or he be reinstated 12 or rehired or otherwise be allowed to return to active duty as a DEPUTY, or MANDOYAN's 13 lawsuits be settled. 14 15 16 REQUEST FOR PRODUCTION NO. 36: All DOCUMENTS RELATING TO how and when Principal Deputy County Counsel 17 Christopher (Chris) Keosian first learned, on November 26, 2018 or later, that any 18 recommendation by any senior executive member or officer of LASD at a rank of Chief or higher 19 would be or had been made to the SHERIFF or UNDERSHERIFF that MANDOYAN's discharge 20 or termination be rescinded, or he be reinstated or rehired or otherwise be allowed to return to 21 active duty as a DEPUTY, or MANDO Y AN's lawsuits be settled. 22 23 24 25 REQUEST FOR PRODUCTION NO. 37: All DOCUMENTS RELATING TO how and when COUNTY COUNSEL first learned, on November 26,2018 or later, that LASD or VILLANUEVA intended to or did rescind 26 MANDOYAN's discharge or termination, intended to or did reinstate or rehire him or otherwise 27 allow him to return to active duty as a DEPUTY, or intended to or did settle either or both lawsuits 28 MANDOYAN had filed against the COUNTY and LASD. -1308988-00001110843866. Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 795 1 REQUEST FOR PRODUCTION NO. 38: 2 All DOCUMENTS RELATING TO how and when Principal Deputy County Counsel 3 Christopher (Chris) Keosian first learned, on November 26, 2018 or later, that LASD or 4 VILLANUEVA intended to or did rescind, revoke, withdraw, or reverse MANDOYAN's 5 discharge or termination, intended to or did reinstate or rehire him or otherwise allow him to 6 return to active duty as a DEPUTY, or intended to or did settle either or both lawsuits 7 MANDOYAN had filed against the COUNTY and LASD. 8 9 REQUEST FOR PRODUCTION NO. 39: 10 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 11 since January 1, 2018, of a former employee discharged for cause or because of fault, which did 12 not meet all requirements in COMMISSION Rule 17.01 for reinstatement. 13 14 REQUESTFORPRODUCTIONNO. 40: 15 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 16 between January 1, 2013 and December 31, 2017, of a former employee discharged for cause or 17 because of fault, which did not meet all requirements in COMMISSION Rule 17.01 for 18 reinstatement. 19 20 REQUEST FOR PRODUCTION NO. 41: 21 All DOCUMENTS RELATING TO a COUNTY OFFICER's reinstatement or rehiring, 22 between April15, 2009 and December 31,2012, of a former employee discharged for cause or 23 because of fault, which did not meet all requirements in COMMISSION Rule 17.01 for 24 reinstatement. 25 26 27 28 -1408988-{)0001/10843866 Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAIMO Page 796 1 REQUEST FOR PRODUCTION NO. 42: 2 All DOCUMENTS RELATING TO any determination or evaluation or analysis of 3 "significant liability" that the COUNTY alleges LASD and VILLANUEVA have exposed the 4 COUNTY to through their actions concerning MANDOYAN. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08988-00001/10843866. -15- Case No. 19STCP00630 NOTICE OF DEPOSITION OF JOHN NAJMO Page 797 EXHIBIT 1 Page 798 SUBP-020 ATTORNEY OR PARTY WITHOUT ATTORIEY ,_,., sr.DBJr-. -~ #'OR COUtU USE ONLY r-Steven G. Madison (Bar No. 101006} John S. Gordon (Bar No. 112750) Quinn Emanuel Urquhart & Sullivan, LLP 865 S. Figueroa St., lOth Floor Los Angeles, CA 90017 FAXNO.~: (213) 443-3100 stevemadison@quinnemanuel.com Sheriff Alex Villanueva and LA Sheriff's Dept. SUPERIORCOURTOFCAUFORNIA,COUNlYOF Los Angeles Sffierr~: 111 North Hill Street TEI.EPtiONE NO.: ~~~ ATT'OAIG:YFOR(J'Nme): loWUHG AllDRESS: Los Angeles, CA 90012 Stanley Mosk Courthouse PLNNTIFF~ETin~County of Los Angeles crrvANDZJPCODE: ~~ DEFENDANTIRESPONDENT:Sheriff Alex Villanueva, et al. DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCnON OF DOCUMENTS AND THINGS CASE NUMBER 19STCP00630 THE PEOPLE OF THE STATE OF CAUfORNIA. TO (nama. address, and telephone m.rmber of dflponent. if known); John Naimo 1. YOU .ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: June 10, 2019 Time: 9:00 a.m. b. I][] c. (][) d. 1JD Address:865 South Figueroa St., lOth Floor Los An eles CA 90017 As a deponent who is not a natural person, you are ordered to designate oRe or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.230.} You are ordered to produce the documents and things described in item 3. This deposition will be recorded stenographically [X] through the instant visual display of testimony and by D audiotape 00 videotape. This videotape deposition is intended for po&Sible use at trial under Code of Civil Procedure section 2025.620(d). 2. The personal attendance of the rustodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient GOmpliance with this subpoena. 3. The documents and things to be produced and any testing or sampling being sought are described as follows: [X] Continued on Altachment 3. 4. H' the witness is a represenlative of a business or other entity, the matters upon which the witness is to be examined are described as follows: D Continued on Attachment 4. 5. IF YOU HAVE BEEN SERVED WrTH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1986.6 AND A M0110N TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFfEC1a) MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. 6. At the deposilioo, J'OU will be asiiBd qU9SDons under oath.. Questions and 8IJSWBill are recordod stenogrephicaUy at the daposilion; later they 81& tnrnsaibed lor pcwib/8 use at tliaL You may tead the wriltM I8COid and change eny itJconect atQW8I'S befom you sign the deposition. You are entifled to receive witness fees and mi1BBge actually traweJed both ways. The money 171US be paid, at the option of lha patty giving notir;e al the deposilion, Bifhsr wilh S8i\lice af this $Ubpoena or at the line of tfle depo:;ition. Unlttss lhe COUlf ordets or you agree otherwise, if you ant beinr1 de~d as an indillidual, th& deposition must take place wiflrin 75 miles afyour resldanca or wilhin 150 miTes of your residence it thtJ depo:rilion will be taken within the county al the COII1t wharu the action is pending. The IDeation of the deposition for all deponents is governed by Code of Civil Procedure secfjon 2025.250. DISOBEDIENCE OF THIS SUBPOENA MA.Y BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILl. .ALSO BE LIABLE FOR THE SUM OF $500 .AND ALL DAMAGES RESUL NG FROM YOUR FAILURE TO OBEY. Dateissued: April 30, 2019 John S. Gordon 1 DEPOSmON SUBPOENA FOR PERSONAL APPEARANCE CocladCiwill'rooodln§§2020.s o. 2025..230. ZO'l.52SO. 202.5.620; AND PRODUCTION OF DOCUMENTS AND THINGS =-~~ ~~ --Codlt.§815097.1 Page 799 SUBP-020 PLAINTJFFIPETITIONER: County of Los Angeles D~ANT~SPONDBIT: Sheriff Alex Villanueva, et al. 19STCP00630 PROOF OF SERVICE OF DEPOSmON SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1. I served this Deposition Subpoena for Petoonal Appearance and Production of Documents and Things by personally delivering a copy to the person seMid as foUows: a Person served (name}: b. Address where served: c. Date of delivery: d. Tme of delivery: e. Witness fees and mileage both ways (check one}: {1) D were paid. Amount •....•.•.... $ _ _ _ _.....J.jo..._.~o:.t.o_ (2) were not paid. (3) D were tendered to the witness's pub6c entity employer as required by Government Code section 68097.2. The amount tendered was {specify): ...... • . $ _ _ _ _ _ _o~.o~o..._ D f. Fee for sel'lice: .•••.••••....••••.....• $ -----""'0""'".""'0""'0- 2. I received this subpoena for service on (date): 3. Person serving: a. b. c. d. e. f. g. h. D 0 0 Not a registered California process server California sheriff or marshal Registered California process server Employee or independent contractor of a registered California process server 0 Exempt from registration under Business and Professions Code section 22350(b) Registered professional photocopier 0 Exempt from registration under Business and Professions Code section 22451 Name, address, telephone number, and, if applicable, county of registnrtion and number. D D I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct (For California sheriff or marshal use only) I certify that the foregoing is bue and correct. Date: Date: {SIGNATURE) PROOF OF SERVICE DEPOSmON SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS Pago2oiZ Page 800 1 ATTACHMENT 3 2 DEFINITIONS 3 1. "BOARD OF SUPERVISORS" means the Los Angeles County Board of 4 Supervisors and Executive Office of Los Angeles County Board of Supervisors. 5 2. "COMMISSION" means Los Angeles County Civil Service Commission and 6 Office of Los Angeles County Civil Service Commission. 7 3. "COUNTY'' means the County of Los Angeles. 8 4. "COUNTY COUNSEL" means the County Cooosel of Los Angeles County and 9 Office of County Counsel of Los Angeles County. 10 5. "COUNTY OFFICER" means any elective County officer as prescribed in Article 11 IV, Section 12, of the Charter of the County of Los Angeles or appointive County officer as 12 prescribed in Article IV, Section 14, of the Charter of the County of Los Angeles. 13 6. "DEPUTY" means a Los Angeles Sheriff's Department Deputy Sheriff. 14 7. "DOCUMENTS" shall have the same meaning herein as in California Evidence 15 Code § 250, and shall include all writings, including, without limitation, handwriting, typewriting, 16 printing, photostating, photographing, photocopying, films, recordings, memoranda, books, 17 records, accounts, letters, electronic mail or facsimile, instant messaging, text messaging, voice 18 messaging, social media messaging and every other means of recording upon any tangible thing, 19 and any record thereby created, regardless of the manner in which the record has been stored, and 20 all non-identical copies of such. 21 8. "LASD" means the Los Angeles County Sheriff's Department. 22 9. "MANDOYAN'' means Respondent/Defendant Caren Carl Mandoyan. 23 10. "RELATED TO" shall mean concerning, mentioning, referring to, pertaining to, 24 evidencing, identifying, incorporating, summarizing, involving, describing, discussing, 25 conunenting on. embodying, responding to, supporting, contradicting, containing, or constituting 26 (in whole or in part). 27 11. "SHERIFF" means the Los Angeles County Sheriff. 28 -10898&-0000111 0834961. ATTACHMENT3 Page 801 1 12. ..UNDERSHERIFF' means the Undersheriff of the Los Angeles Sheriffs 2 Department. 3 13. "VILLANUEVA" means Respondent/Defendant Los Angeles County Sheriff Alex 4 Villanueva 5 6 INSTRUCTIONS 14. DOCUMENTS shall be produced in their original file folders, or any writing on the 7 file folder (or its label, tab or directory) from which each DOCUMENT is taken shall be copied 8 and appended to the DOCUMENT and the person, department, division, or office for whom or 9 which the DOCUMENT or the f!le folder is maintained shall be identified. 10 15. DOCUMENTS attached to each other shall not be separated. 11 16. Electronically stored information shall be produced in its native electronic 12 application and format. Electronically stored information shall be produced with all metadata and 13 shall not be altered in any way. 14 17. If you withhold any DOCUMENT based on some limitation of discovery, 15 including but not limited to a claim ofprivi1ege, you must supply a list of the DOCUMENTS 16 being withheld, indicating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 17 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 18 created or transmitted; (d) the subject matter indicated on the DOCUMENT, if any; (e) the number 19 of pages, including the presence of any appendices, exhibits or attachments; (f) all persons with 20 whom there was a communication concerning the DOCUMENT, including all persons to whom 21 the DOCUMENT was shown, distributed, discussed or explained; and (g) the claimed grounds for 22 exclusion from discovery. 23 18. If you lack the ability to comply with a request, you must specify whether the 24 inability to comply is because the particular DOCUMENT, item or category never existed; has 25 been destroyed; has been lost, misplaced or stolen; has never been in YOUR possession or was 26 once in YOUR possession but is no longer. You must also state the name and address of any 27 person known or believed by you to have possession of a DOCUMENT, item or category for 28 which you lack the ability to comply with a request for production. -2089~1110834961. ATIACHMENT 3 Page 802 1 2 19. If a DOCUMENT, item or category has been destroyed or discarded, identify that DOCUMENT by stating as to each: (a) the author, sender, writer, addressor or initiator; (b) all 3 addressees, recipients and intended recipients, including any blind copies indicated; (c) the date 4 created or transmitted; (d) the subject matter and subject matter indicated on the DOCUMENT, if 5 any; (e) the number of pages, including the presence of any appendices, exhibits or attachments; 6 (f) all persons with whom there was a communication concerning the DOCUMENT, including all 7 persons to whom the DOCUMENT was shown, distributed, discussed or explained; (g) the date 8 of, manner of, and reason the DOCUMENT, item or category was destroyed or discarded; and (h) 9 the name and address of any person known or believed by you to have possession of a copy of the 10 DOCUMENT, item or category that was discarded or destroyed. 11 20. These requests call for the production of DOCUMENTS or things in YOUR 12 possession, custody or control, or in the custody or control of another if you have the right, 13 privilege or opportunity to examine it upon request or demand, whether or not such right, privilege 14 or opportunity has been exercised. Accordingly, all DOCUMENTS in the possession, custody or 15 control of any person or entity who performed management, bookkeeping, accounting, finance or 16 any similar service for you at any time, should be produced. 17 21. "All" includes "any" and "any" includes "all." 18 22. "All" includes "each" and "each" includes "all." 19 23. "Each" includes "every" and "every" includes "each." 20 24. "And", "or," and "and/or" shall be construe- w z < z < 0 ""_,_, 3. ~ 13 the Los Angeles County Sheriff's Department to pay Caren Carl Mandoyan back pay for the ~ ...; 14 period from A true and correct copy of through 15 documents the Department of Auditor-Controller received from the Sheriff's Department is 16 attached hereto as Exhibit A. " 17 ~ 18 County Counsel of the Sheriff's Department's request because the settlement agreement did not 3. That same day, the Department of Auditor-Controller alerted the Office of the 0 ;; ~ "'~ 19 contain a signature by a County Counsel lawyer or a counsel operating under County Counsel 20 supervision, which in the normal course it would. Therefore, the Department of Auditor- 21 Controller asked the Office of the County Counsel how to proceed. 22 4. Because County Counsel had not approved the settlement agreement, the 23 Department of Auditor-Controller sent Mr. Mandoyan a letter explaining that his salary and other 24 payments had been stopped. A true and correct copy of a February 28, 2019letter I sent to Mr. 25 Mandoyan is attached hereto as Exhibit B. 26 27 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 28 415364.3 2 DECLARATION OF JOHN NAlMO I/S/0 THE COUNTY'S APPLICATION FOR TRO Page 817 1 Executed on this [tJday of March, 2019, at Los Angeles, California. 2 3 4 5 6 7 8 9 10 !0 11 0 0 "'< ~ 12 ""' 3 13 g ....l ...) "'~ 3 " 14 0 15 2 "'Cl < "" 3 z e 0 t:.: :< ~ ~ < 0! ""-< ~ ....l ~ :E ;:::. ~ 5 3 ;; e"' ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 4153643 3 DECLARATION OF JOHN NAIMO I/S/0 THE COUl\lY'S APPLICATION FOR TRO Page 818 t· INDEX OF EXHIBITS TO THE DECLARATION OF JOHN NAIMO 2 3 Exhibit Description Pg. No. No. A. 4 B. 5 Documents received from the Los Angeles Cmmty Sheriffs Deoartment. dated Februarv 5. 2019Letter from John Naimo to Caren Carl Mandoyan, dated February 28.2019 5-16 17-18 6 7 8 9 10 11 12 "-' -' vi" 13 L:J 14 0 15 "' 0 z <;:! < 1:0 <;:! 16 L:J -' -' - ~ 17 18 19 20 21 22 23 24 25 26 27 28 415364.3 4 DECLARATION OF JOHN NAIMO VS/0 THE COUNTY'S APPLICATION FOR TRO Page 819 EXHIBIT A Page 820 CouN'rY OF I ... os ANGEI...E.~ /!!t~~!hcf.~~;.mil~f?JI~:!~:~ ALEX VILLANUEVA, SHERIFF February 1, 2019 Jennlfer Yip, Chief Countywide Payroll Division Department of Auditor-Controller 525 Kenneth Hahn Hall of Administration Los .Angeles, Calliornia 90012 Dear Chief Yip: FINAL SETTLEM:ENT AGREEMENT ACTION C.AREN C. MANDOYAN- EMPLOYEE NUMBER 473892 Pursuant to a Settlement Agreement (Agreement) between the Sheriff's Department (Department) and Caren C. Mandoyan, executed December 28 , 2018, and a subsequent Agreement Amendment, executed January 1 7, 2019, the Department rescinded the discharge action that was imposed on September 14, 2016, and reinstated Mr. to his Deputy Sheriff position. Mr. Mandoyan PBiY, for the period of through In accordance with the Order, receive retroactive sala~th applicable benefits, from , t h r o u g h - . - · Please amend your records to reinstatement. Listed below are the itemized computations for all baclc pay salary owed: ACCRUAL EARNINGS YiMJ CODE PAID ~ 211 ¥\TnsT SHOULD HAVE BEEN PAID Tm·JPI.E STREET, Los ANGELES, Cl1..L U'ORNLA 90012 !='EH 0 5 2019 Page 5 of 18 Page 821 Re: Oaren C. Mandoyan ACCRUAL DATE EARNINGS CODE -2 - W.AB ~ February l, 2019 SHOULD HAVE BEENPA!D SALARY ;Q'ID!) FEB 0 5 2019 Page 6 of 18 Page 822 Re: Oa.ren C. Mandoyan ACCRUAL DATE -3 - February 1, 2019 BHOULPHAVE BEEN PAID SALARY DUE FEB 05 2019 Page 7 of 18 Page 823 ·. Re: Oa.ren C. Mandoyan ACCRUAL DATE EARNINGS CODE -4- ~ P.AID February 1, 2019 SHOULD HAVE BEEN P.AID SALARY DUE FEB 0 5 2019 Page 8 of 18 Page 824 Re: Caren C. Mandoyan ACCRUAL DATE . 5. February 1, 2019 BHQULPHAVE BEEN PAID FEB 0 5 2019 Page 9 of 18 Page 825 Re: Oaren C. Ma.ndoyan -6 - It should also be noted that the employee is a February l, 2019 participant. If you have any questions or concerns, please contact Payroll Clerk II Kathy Tran, of my staff, at (213) 229-1932. Sincerely, ALEX VILLANUEVA, SHERIFF Sandra Solis, Acting Direct or Personnel Administration Bureau FEB 0 5 2019 Page 10 of 18 Page 826 CoUNTY OF r-;;-1 Los A NGELES ,- i!;I~\Iiftni@J.:fi!j!~'jit!f•r!:Th ALEX VILLANUEVA, SUEHIFF February 1, 2019 Lou Laza.tin, Chief Executive Officer Los Angeles County Employees Retirement Association 300 North LaJce Avenue Pasadena, California 91101-4199 Dear Ms. Lazatin: OAREN C. MANDOYAN • EMPLOYEE ·N UMBER 473892 Pursuant to a Settlement Agreement (Agreement) between the Sheriff's Department (Department) and Caren C. Ma.ndoyan, executed December 28, 2018 , and a subsequent Agreement Amendment, executed January 1 7, 2019, the Department rescinded the discharge action that was imposed on September 14, 2016, and reinstated Mr . to his Deputy Sheriff position. Mr. Mandoyan shall receive a without pay, for the period of . . . In accordance with the sal~th applicable benefits, from • It should be noted that the employee is a participant. Please amend your records to reflect this reinstatement. Listed below is the itemized explanation of his monthly base salary: Month1v Base Salary 211 '-\TEST TE1'1PLE STREET, Los ANGllLES, GALrFOR..."