IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

NICOLE WALLACE, et a1.
Plainti?s,

V. CASE NO. 24-C-17-6410

STATE OF MARYLAND, et at.

Defendants.

 

 

I OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

Come now the plaintiffs, by and through counsel, and oppose summary judgment, stating
as follows:
I. INTRODUCTION

Daquan Wallace was a non-violent offender serving a sentence in the now-shuttered
Baltimore Detention Center at a time when it was run from the inside by a gang calling itself the
?Black Guerilla Family? or Numerous correctional of?cers, many of whom have since
been convicted, cooperated with prisoners to provide them with contraband (including cellular
telephones and drugs), access to other prisoners to commit assaults, and even sexual
relationships with correctional of?cers.

Correctional Of?cer ackens Rene, with the assistance of, at the very least, Lieutenant
Tamara Patterson and Sergeant Lisa Portee, cooperated with gang members at the Baltimore City
Detention Center (BCDC) to allow the vicious beating of detainee Daquan Wallace. The attack

resulted in catastrophic brain injury and Mr. Wallace now requires 24-hour medical care.

The evidence demonstrates that on the morning of October 18, 2014, Lt. Patterson, Sgt.
Portee and Of?cer Rene all worked together supervising the Jail Industries (J 1) building and
dormitory where Daquan Wallace was housed.

Because he refused to join their ranks, Mr. Wallace had become the target of the ?Black
Guerilla Family,? (BGF) a notorious gang which had virtually taken over the prison, as the
defendants themselves admit.

The I building had open dormitory housing which provided no privacy for long lasting
attacks without numerous witnesses. Each dorm was also supervised by two of?cers, which
meant that no one of?cer could cooperate with gang members to permit an attack to occur
without fear of discovery by the other of?cer.

The Men?s Detention Center (MDC) was another building at BCDC which offered BGF
assailants the advantages of more private cells and the supervision of only a single of?cer per
tier. MDC also had the advantage to the BGF of housing more violent gang members with
higher security classi?cations.

Lt. Patterson directed Sgt. Portee to ?ll out a transfer form moving Mr. Wallace to MDC
citing false extortion allegations as the grounds. Lt. Patterson has since admitted that Mr.
Wallace never committed extortion or anything of the sort.

Moreover, the form was not valid without supervisory approval which Patterson and
Portee could not obtain. The relevant supervisor testi?ed that the alleged disciplinary grounds
cited for the transfer would have resulted in disciplinary segregation (where Mr. Wallace would
be safe) instead of a transfer to MDC.

The fact that Lt. Patterson and Sgt. Portee did not have the required signatures would

have ordinarily meant that the transfer would be rejected by the receiving of?cer at MDC. This

would likely have resulted in the discovery that the grounds cited for the transfer were entirely
false. Lt. Patterson and Sgt. Portee could face serious discipline or termination as a result.

Their willingness to go forward with the transfer demonstrates that Of?cer Rene was
working with them from the outset. He was scheduled to work a double shift that day, moving
from I in the morning (where the transfer form was being prepared) to MDC in the afternoon
(where he could accept the transfer). Lt. Patterson and Sgt. Portee could only be sure that their
facially-invalid transfer would be accepted by Of?cer Rene at MDC if they had conspired with
Rene in advance.

Once at MDC, Of?cer Rene accepted the transfer, signing off on the invalid paperwork
and placing Mr. Wallace on the tier Rene supervised alone.

Joseph Beatty was very brie?y Mr. Wallace?s new cellmate at MDC. Mr. Beatty testi?ed
that when Mr. Wallace was brought into the cell, Mr. Beatty was ordered out immediately and
told to leave for dinner early. Five to ten minutes passed before Mr. Beatty was joined at dinner
by the rest of the tier, absent Mr. Wallace and the occupants of three other cells.

Of?cer Rene violated policy by allowing three other cells in addition to Mr. Wallace to
remain on the tier during dinner. Not only were all detainees required to go to dinner, but policy
required all of the cells to remain closed and locked during this time.

During the 20?minute dinner, Of?cer Rene logged two security rounds on the single
linear hallway which makes up the tier. Each time, Of?cer Rene claims he looked into each cell.
He recorded that all was well each time.

When Mr. Beatty returned to his cell, he found Mr. Wallace unconscious and blood on
the wall. Mr. Beatty quickly noti?ed the correctional of?cers who had brought inmates back

from dinner, but Mr. Wallace had been badly beaten and was catastrophically brain damaged.

During the resulting investigation, bloody clothing was found in two of the three other
cells where Of?cer Rene had permitted prisoners to remain during dinner. No blood was found
in any other cell except Mr. Wallace?s cell.

The bloody clothing indicates that prisoners from those two cells were able to leave their
cells and attack Mr. Wallace in his cell, leading to the blood on his wall. This was accomplished
during the 20 minutes in which Of?cer Rene reports walking the tier twice without seeing
anything. Even more telling are the facts that Of?cer Rene was supposed to be the sole of?cer
on the tier during dinner and he was the only person with the keys to the cells.

As Of?cer Rene admitted when asked about how the ?inmates from cells 3, 47
and 48? could have gotten to Daquan Wallace, ?the only way they would come out if I let
them out,? and Rene agreed that he ?would have had to have unlocked Daquan's cell.? EX.
1 (Rene Deposition) at 80, 146?147. There is no other plausible explanation.

This brief introduction is only meant to broadly frame events. The detailed factual
section below provides a far more complete picture of the defendants? liability, together with
citations to the accompanying exhibits.

II. 

A. Mr. Wallace was Non-Violent, but a Frequent Victim of Gang Violence.

Mr. Wallace was a 20-year-old non-violent offender who was 5? 10? tall and weighed a
mere 130 pounds. Ex. 2 (Duty Of?cer Check Sheet). Major Moore ?never had any problems or
issues with Mr. Wallace,? and she stated that, ?the entire time he has been at the facility, he was
never a problem or issue with me on my shift.? EX. 3 (Moore Deposition) at 138-139.
Defendant Of?cer Lisa Portee did not remember any complaints or concerns about Daquan

during Wallace?s time at BCDC. Ex. 4 (Portee Deposition) at 135.

Nicole Wallace, Daquan?s mother, testi?ed about ??ve or six? telephone calls and Visits
with Daquan while he was incarcerated during which he told his mother that he was being
attacked by other detainees because he refused to join the ?Black Guerilla Family? gang. Ex. 5
(Wallace Deposition) at 25-26, 28-29. Some attacks included 3 to 4 assailing gang members
beating Daquan at once. EX. 5 (Wallace Deposition) at 25-26, 28-29. The attacks were so
frequent and violent that Daquan feared for his life. Ex. 5 (Wallace Deposition) at 30.

Despite the pressure, Daquan told his mother several times that he did not want to join a
gang. EX. 5 (Wallace Deposition) at 25. Daquan apparently told his mother that he refused
because he did not want to hurt anyone. Ex. 5 (Wallace Deposition) at 84. As a result, he was
the frequent victim of violence.

Ms. Wallace called the jail to report the attacks on Daquan more than 6 times. Ex. 5
(Wallace Deposition) at 33-34. During those calls, she spoke to Lt. Patterson three or four times
about her son?s safety. Ex. 5 (Wallace Deposition) at 70.

The risk of these types of attacks was already well known to the defendants. Defendant
Of?cer Erica Shird agreed that there are consequences for prisoners who refused to join gangs,
including the possibility that, ?the gangs attack them.? Ex. 6 (Shird Deposition) at 88.

Mr. Wallace?s injuries were observed by BCDC of?cers, the in?rmary, his family and
even a Circuit Court Judge, who acknowledged them on the record during a hearing. Ex. 7
(12/02/14 In?rmary Report, ?altercation by other inmates inmate sustained left periorbital 
bruises and left conjunctive hemorrhage. . .left 2nd digit pain. ..he also had left shoulder
abrasion. . .left lower lip inside laceration); EX. 8 (9/9/14 In?rmary Report six days after his
arrest including a medical history of resulting in HIV education being given); Ex. 9

(State v. Wallace December 2, 2014 Hearing Transcript; ?Mr. LaCorte:. . .I went to visit Mr.

Wallace on Friday, he had a cut on the side of his head. The Court: Um?hum. Mr. LaCorte: and
he told me he?s being abused by other inmates. This morning he?s got a big black eye. . . .I?m
concerned for his safety. . . .Mr. LaCorte: . . .Your Honor, 1 mean, the Court can see. The Court: I
saw it, yeah. Mr. LaCorte: Right. I mean, it?s obvious. And. . .when I went to see him at jail, he
was bleeding form the cut on the side of his face, which is now healed. Mr.

Chaudry: . . .if he is housed at BCDC, sometimes they move inmates that are susceptible to
violent attacks by male inmates, over to the witness wing?); EX. 5 (Deposition of Nicole
Wallace, Daquan?s mother) at 33-34 (when his mother went to visit him, she observed evidence
of his injuries from the attacks including, ?marks,? ?knots,? and Wallace Deposition
at 33-34.

B. Of?cers Patterson, Portee and Rene
Falsi?ed Grounds to Transfer Mr. Wallace.

Mr. Wallace was initially assigned to the Jail Industries building (JI) at BCDC. JI held
fewer violent offenders and generally inmates with a lower security classi?cation than other
buildings, such as the more dangerous Men?s Detention Center (MDC). Ex. 10 (Patterson
Deposition) at 77-80 (?The dormitory is a better setting. . . .at one point they changed the status to
our building, the security status, because it's dormitory settings, to like minimum or medium.
They were trying to alleviate all maximum security people from being in the I Building. . . 

During the morning of December 18, 2014 Correctional Of?cer ackens Rene worked the
Shift? at I during which he would have interacted with Mr. Wallace. See Ex. 11 (12/18/14 A
Shift page from Log Book). During the A Shift, Lt. Patterson claims that a Correctional
Of?cer (possibly Rene) allegedly complained that Mr. Wallace was being ?disrespectful? and

not listening to of?cers. See Ex. 10 (Patterson Deposition) at 65.

Lt. Patterson does not remember which of?cers allegedly called Daquan disrespectful.
See EX. 10 (Patterson Deposition) at 72. Lt. Patterson was unable to provide any more details
about what misconduct allegedly constituted his ?disrespect? and failure to listen. See Ex. 10
(Patterson Deposition at 65-72). Lt. Patterson failed to offer any examples, list any statements
allegedly made by Daquan or identify any directives from guards with which he failed to
comply. See Ex. 10 (Patterson Deposition at 65-72). Finally, Lt. Patterson did not issue Mr.
Wallace a disciplinary infraction for his alleged misconduct.

Nevertheless, Lt. Patterson claims she had Mr. Wallace moved as a result of being
disrespectful and failing to listen. Ex. 10 (Patterson Deposition) at 66 determined that he
shouldn't be in that dorm anymore. . .I believe he was moved for that. . .I believe that I put in a
transfer requesting that he be moved?). This was the move that ended in Mr. Wallace?s assault
under Rene?s sole supervision at MDC. Ex. 10 (Patterson Deposition) at 67-68.

To effectuate the move, Lt. Patterson directed Sgt. Portee to falsz'?) paperwork
transferring Mr. Wallace to MDC. Speci?cally, Of?cer Portee testi?ed that Patterson directed
her to allege in the transfer paperwork that Mr. Wallace was extorting other inmates for
commissary and phone privileges. Ex. 4 (Portee Deposition) at 129; EX. 12 (Transfer Form).
This allegation was undisputedlyfalse.

Lt. Patterson has subsequently admitted that Mr. Wallace was never involved with
extorting inmates, or stealing from inmates, or anything of the kind. Ex. 10 (Patterson
Deposition) at 99. There is no record that he was ever cited for such behavior and there is no
record of any detainee complaint of such behavior, all of which would have resulted in

signi?cant documentation.

The transfer paperwork was falsi?ed because a transfer would have been more dif?cult
or impossible to justify on any factual grounds. For example, Of?cer Ericka Shird testi?ed that,
?If an inmate was talking back to guards or not wanting to do what the guards tell them to do,?
then ?that kind of thing wouldn't lead to a Ex. 6 (Shird Deposition) at 56.

Although it appears that the false charges were trumped up to support a transfer, multiple
witnesses testi?ed that a transfer on such grounds would still be inappropriate. Warden Betty
Johnson testi?ed that a detainee should not be moved from the -section in the I building to the
G-section in the MDC (like Daquan) because there is an allegation that the detainee is extorting
other detainees for commissary. Ex. 13 (Johnson Deposition) at 75-76. Instead, Warden
Johnson testi?ed that if a detainee was extorting commissary or telephone privileges, they would
be put into segregation or lockup by themselves. Ex. 13 (Johnson Deposition) at 35-36.

Numerous defendants offered unequivocal testimony that the grounds cited in the transfer
paperwork should have led to segregation, with Mr. Wallace safely housed alone, instead of a
transfer to MDC. Defendant Of?cer Shird testi?ed that ?misconduct like trying to take other
prisoner's commissary or phone privileges? would lead to time in segregation, but not a transfer.
Ex. 6 (Shird Deposition) at 56. Defendant Of?cer Rene admitted that an inmate should receive a
disciplinary ?ticket? for infractions like those listed in the transfer documentation and go to
solitary ?lockup,? not be transferred to a cell in the detention center. Ex. 1 (Rene Deposition) at
67. No ?ticket? was issued to Mr. Wallace.

If Mr. Wallace had been placed in segregation, instead of being transferred to the
building where the attack occurred on December 18, 2014, the assault could not have happened

that day. Ex. 3 (Moore Deposition) at 61-62.

C. The Defendants Arranged Wallace?s Transfer Without Proper Approvals.

The transfer form contains a line labelled, ?shift commander approval,? below which is
printed, ?void unless signed by shift commander or operation captain where applicable.? Ex. 12
(Transfer Form). This line contains no signature. 163.; EX. 3 (Moore Deposition) at 52-54.

According to Warden Johnson, ?the traf?c of?cer shouldn't have transported the
individual without that signature.? Ex. 13 (Johnson Deposition) at 78. Warden Johnson also
testi?ed that since the shift commander did not sign the transfer form, personnel at MDC should
not have accepted the transfer of Mr. Wallace. Ex. 13 (Johnson Deposition) at 40-42.
Speci?cally, Warden Johnson testi?ed that Defendant Of?cer ?Rene should not have accepted
this form without it being signed by the shift commander.? Ex. 13 (Johnson Deposition) at 78.
Finally, the Warden noted that both the person initiating the transfer and the person accepting the
detainee should have been reprimanded for engaging in a transfer without the shift commander?s
signature. Ex. 13 (Johnson Deposition) at 72.

Of?cer Shird also agrees that without a lieutenant?s signature in this space on the form,
the prisoner being transferred should not have been accepted. EX. 6 (Shird Deposition) at 49.

Of?cer Portee testi?ed that the transfer should not have happened and that it should have
been questioned based on the missing signature. Ex. 4 (Portee Deposition) at 70-71.
Speci?cally, it was the of?cers? duty to look at the form and make sure that it has the appropriate
signatures in order to avoid moving inmates without proper authority. EX. 4 (Portee Deposition)
at 81.

Of?cer Portee also admitted that other than this one instance, she is not aware ofany
transfers ever being performed without the appropriate signatures on the form. Ex. 4 (Portee

Deposition) at 77.

Maj or Karen Moore agreed that because this line contains no signature, the form is void
and the transfer should not have happened. Ex. 3 (Moore Deposition) at 52-55.

Major Moore, who was a shift commander at BCDC at the time, also testi?ed that if any
of these allegations had been brought to her attention in the form of a request to transfer the
inmate, she would have denied the transfer and placed Mr. Wallace in a segregated cell until
there could be a hearing on disciplinary charges. Ex. 3 (Moore Deposition) at 61-62. This
would have prevented the attack which later occurred.

The missing shift commander authorization is not the only irregularity evident from the
face of the transfer form. The form contains another line for a signature labelled, ?traf?c of?ce
housing assignment.? Ex. 12 (Transfer Form). Of?cer Moore testi?ed that she could not make
out even a single letter in the looping marks appearing on that line and she agreed that it looks
like, ?a bunch of loops,? or ?scribble,? and ?not a signature at all.? Ex. 3 (Moore Deposition) at
56-57.

Of?cer Portee testi?ed that that of?cers are trained to sign forms legibly so that it can
later be determined whose signature is at issue. EX. 4 (Portee Deposition) at 55-56. Indeed, she
testi?ed that this procedure is ?drilled into? of?cers during their training. Ex. 4 (Portee
Deposition) at 56.

Yet, every defendant of?cer testi?ed that the scribbled loops on the line for a Traf?c
Of?cer?s signature are illegible. Ex. 4 (Portee Deposition) at 57; Ex. 10 (Patterson Deposition)
at 116; EX. 13 (Johnson Deposition) at 77.

Of?cer Portee testi?ed that she knew who the traf?c of?cers were at the time and that,

?they wrote legible [sic]. They didn't write like that.? EX. 4 (Portee Deposition) at 53-54.

10

Of?cer Portee testi?ed that she did not recognize the markings on the line for a traf?c officer?s
signature. EX. 4 (Portee Deposition) at 52-55, 58.

Indeed, a review of the form in light of the testimony summarized above suggests that
one of the defendant of?cers merely made looping marks on the relevant line to obscure the fact
that the form was never approved by a traf?c of?cer. Ex. 12 (Transfer Form).

The Court need not wrestle with the issue of the traffic o?icer ?s ?signature,? however,
because the missing supervisor ?s signature unequivocally invalidates the form, as the defendants
have uniformly admitted.

D. Of?cers Patterson, Portee and Rene Conspired to

Transfer Mr. Wallace to a Tier Guarded Only by Rene
on Insuf?cient Grounds and Without Proper Approvals.

Of?cer Rene, who worked the Shift? in the morning at I with Patterson and Portee,
was scheduled to work the Shift? alone in Section? at MDC that very afternoon. Ex. 1
(Rene Deposition testimony about working alone at MDC) at 103-104 compare Ex. 11 (12/18/14
A Shift page from J1 Log Book, showing Rene working with another of?cer).

After leaving his cell at J1 for the transfer, Daquan was taken to either the Receiving Area
or the Traf?c Bullpen at BDC for a period of time, and then to cell G-35 in the Section
supervised by Rene. Ex. 4 (Portee Deposition) at 122.

When Mr. Wallace was brought up to the Section at MDC, Of?cer Rene formally
accepted the transfer by signing the documentation. EX. 12 (Transfer Form bearing Rene?s
signature).

Of?cer Rene admitted knowing that Major Moore, the Shift Commander, was supposed
to sign off on the transfer paperwork, but that when it arrived with the prisoner, her signature

was missing. Ex. 1 (Rene Deposition) at 73. Warden Johnson testi?ed that Of?cer ?Rene

11_

should not have accepted this form without it being signed by the shift commander.? Ex. 13
(Johnson Deposition) at 78.

Patterson, Portee and Rene colluded to falsify grounds for the transfer and then failed to
submit the transfer for approval, knowing full well that permission would have been denied even
based on the falsi?ed allegations. The three must have discussed their plans while they worked
together during the A Shift at H, because Patterson and Portee would have no other way to be
sure that Rene would accept the incomplete and invalid form later that afternoon.

To understand why these of?cers went to such to effectuate the transfer, it is
important to know that there were always two tier of?cers assigned to H, but only one at MDC.
Ex. 1 (Rene Deposition testimony about working alone at MDC) at 103-104 compare Ex. 11
(12/18/14 A Shift page from JI Log Book, showing Rene working with another of?cer). As
such, Rene would be the only of?cer supervising Mr. Wallace?s new tier after the transfer took
place.

As subsequent events demonstrate, the of?cers transferred Mr. Wallace to a tier
supervised by Rene alone so that Rene could provide gang members there with access to Mr.
Wallace with less fear of discovery by other of?cers.

E. Of?cer Rene Used the Singular Control he had Acquired Over Mr. Wallace
to Encourage and Allow Gang Members to Brutally Attack Mr. Wallace.

Upon being received on the tier at MDC by Of?cer Rene, Mr. Wallace was assigned to
Cell G35. Mr. Wallace?s new cellmate, Joseph Beatty, has provided a sworn af?davit regarding
what happened when Mr. Wallace was received by Rene and delivered to the cell:

When Daquan was transferred to my cell, he was placed inside the cell with

handcuffs still on. When Daquan was placed in my cell, lwas ordered by the

correctional of?cers to leave and go downstairs for dinner, to the day room ?rst. I

went downstairs for approximately 5-10 minutes before we went to dinner. When
I returned from dinner, I found Daquan unresponsive on his bunk. Daquan did

12

not go to dinner. He was not in the dining hall that evening. . . When I returned

from the chow hall, all the lights in Section were off. When I ?rst returned to

my cell from chow hall, Daquan was shaking and grunting. When I tried to get

Daquan?s attention, he did not respond and appeared to be having a seizure and

there was blood on the wall and blood and snot coming from his nose. I noti?ed

correctional of?cers that Daquan was not getting up I noti?ed them within

minutes of returning to my cell.

EX. 14 (af?davit of Joseph Beatty).

Of?cer Rene was the sole of?cer assigned to the tier at MDC where Wallace was
received after the transfer. Ex. 1 (Rene Deposition) at 103-104. Shortly after 7:00 pm. the
evening of the transfer, Mr. Wallace?s tier was allowed to go to dinner.

Major Moore testi?ed that, ?All of the offenders are supposed to go to chow whether they
want to or not,? without exceptions. Ex. 3 (Moore Deposition) at 99-100, 124. Dinner is served
for twenty minutes in another building. Ex. 3 (Moore deposition) at 98-99. During that time, the
tier should have been empty and the doors to the cells are to remain closed and locked. Ex. 3
(Moore Deposition) at 99-100, 124.

Of?cer Rene admitted that, in violation of the policy described by the Major, he had
allowed the detainees in cells 3, 47 and 48 to remain while the others went to dinner. Ex. 1
(Rene Deposition) at 111; 105?106 (compare Moore Deposition at 99-100, 124).

Although Rene claims that Mr. Wallace went to dinner, his cellmate testi?ed that Mr.
Wallace remained in his cell. Ex. 14 (af?davit of Joseph Beatty); see also, Ex. 15 (Criminal
Investigation Report) at 4 8 (?Detainee Beatty stated that when he went to feed up, Detainee

Wallace was in his bed. . . .When he returned from feed up, he stated that Detainee Wallace

was. . .unconscious.?' ?Detainee Beatty stated that Detainee Wallace did not go to feed?up that

3

day. . 

13

In fact, multiple witnesses con?rmed that Mr. Wallace did not go to dinner. In addition
to Detainee Beatty, ?Detainee Reece advised that Detainee Wallace was placed in his cell and
did not go to the chow hall for dinner.? EX. 15 (Criminal Investigation Report) at 7. Finally,
Detainee Harris Bilal, ?stated that Detainee Wallace was assaulted by Black Guerilla Family
(BGF) gang members,? and, ?that the incident happened after they left for feed up.? Ex. 15
(Criminal Investigation Report) at 5.

As most of the detainees left, Of?cer Rene walked ?cell to cell? to make sure all of the
cells were locked shut. EX. 1 (Rene Deposition) at 55, 95. In order to go to all unsecured cells
and secure them, Of?cer Rene had to walk by Daquan?s cell. Ex. 1 (Rene Deposition) at 38 (In
describing what is Visible looking into a cell, Of?cer Rene explains that ?you can basically see
everything?); EX. 3 (Moore deposition) at 77. In doing so, he would have been able to see into
the whole cell. Ex. 3 (Moore Deposition) at 78.

The cells at the detention center were designed such that ?there was nowhere to hide? and
an of?cer doing rounds would be able to observe whether the cell was occupied and where in the
cell any occupants were located, including in the bed(s). Ex. 1 (Rene Deposition) at 169-170.
As such, Of?cer Rene would have seen Daquan in his cell when Rene did his rounds.

Of?cer Rene recorded in a BCDC log book that at 19:34 he again physically walked the
tier, looking into each cell.1 Ex. 1 (Rene Deposition) at 111-112. Afterwards, Rene reported,

"Security round conducted and all appear safe and secure.? Ex. 1 (Rene Deposition) 111-112.

 

1 According to Of?cer Shird, Of?cer Rene documented ?a lot of security rounds? the night of the
incident, and ?an unusual number of security rounds.? EX. 6 (Shird Deposition) at 73.

14

Of?cer Rene testi?ed that an of?cer doing rounds would ?have been able to see whether
or not [Daquan] was in poor medical condition from [Rene? s] vantage point outside of his cell.?
Ex. 1 (Rene Deposition) at 170. Of?cer Rene reported no such concerns.

Within minutes of when Of?cer Rene purports to have done his last rounds, Mr.
Wallace?s cellmate returned from dinner, found Mr. Wallace unconscious in his cell, and
reported it to one of the of?cers who had transported detainees back from dinner. Ex. 3 (Moore
Deposition) at 67?68; EX. 22 (Beatty Inmate Statement including, tried to wake him up when
we came back from Chow and he didn?t move. . . So I called the Ex. 14 (af?davit of Joseph
Beatty).

Immediately after the assault, the detainees were con?ned to their cells (except Wallace,
who went to the medical unit and his cellmate who was secured elsewhere). EX. 3 (Moore
Deposition) at 124-125. Then the water was turned off to prevent the loss of blood or other
evidence down a drain. EX. 3 (Moore Deposition) at 124-125.

Very shortly after the attack, the Medical Unit at BCDC found that Wallace had ?trauma
to the right side of his head, his bottom lip, and the back of his head contained sections of
blood.? EX. 15 (Criminal Investigation Report) at 3.

During the investigation which followed, investigators found a t-shirt, orange shirt and
blue jeans all with blood on them in cells 47 and 48. EX. 3 (Moore Deposition) at 129', Ex. 16
(12/23/14 e?mail from Detective Allen to Detective Bonvegna).

Despite the policy that all detainees were to go to dinner, Officer Rene admits allowing
the detainees in Cells 3, 47 and 48 to stay behind. Ex. 3 (Moore Deposition) at 125, 129?130.
The bloody clothes found in cells 47 and 48 strongly suggest that the assailants came from those

cells. No other blood evidence was recovered from any cell other than Mr. Wallace?s cell.

15

The fact that Mr. Wallace was reportedly ?ne before dinner and found unresponsive
immediately thereafter suggests that the attack happened while the other inmates were at dinner.
During this time period, the only of?cer on the tier should have been Of?cer Rene. Ex. 3
(Moore deposition) at 135; EX. 1 (Rene Deposition) at 103-104.

Major Moore, who was one of the responding of?cers, testi?ed that it was her
understanding that Daquan was injured inside his cell. Ex. 3 (Moore Deposition) at 80; 45. This
is in keeping with the fact that Mr. Wallace?s cellmate observed blood on the wall in their cell.
Ex. 14 (af?davit of Joseph Beatty).

Of?cer Rene had the keys to the cells during dinner and throughout his shift. EX. 1 (Rene
Deposition) at 80. When asked about how the ?inmates from cells 3, 47 and 48? could have
gotten to Daquan Wallace, Of?cer Rene admitted that, ?the only way they would come out if
I let them out,? and Rene agreed that he ?would have had to have unlocked Daquan's cell.?
Rene Deposition at 80, 146-147.

John Gauthier was produced by the State as a designee to testify regarding issues related
to the function and control of various systems associated with the physical plant at BCDC. Mr.
Gauthier described himself as ?the assistant director for facilities maintenance for all of the state
[correctional] institutions in Maryland.? See EX. 1? (Gauthier Deposition) at 7-8. His long
career in this ?eld includes having been the ?capital maintenance projects manager? at the time
of the events giving rise to this case, when his duties included, ?direct interface with all DGS
critical and capital maintenance projects for all the institutions in the state.? See EX. l7 (Gauthier
Deposition) at 10-11.

As the designee for the State of Maryland, Mr. Gauthier testi?ed as follows regarding

how cell doors were operated at BCDC in 2014:

16

8 And now, if a guard wanted to open a

9 particular cell, the cell at issue here is G35, if
10 it matters, but if a guard wanted to open a

11 particular cell, how was that done in 2014, let's
12 say? Did they walk down the tier with a set of
13 keys?

14 A. Set of keys.

15 Q. All right. And so the cell was

16 opened. Was it opened at the cell door or at a

17 station nearby?

18 A. Cell door.

19 Q. Okay.

20 A. There were no central controls in BCDC

21 men?s detention center. There were common doors

1 that were controlled from a discrete relay control

2 panel, but not cell doors.

See Ex. 17 (Gauthier Deposition) at 54-56.

At this stage in the case, there is also reason to suspect the involvement of Correctional
Of?cer Erika Shird. Of?cer Shird was assigned to Mr. Wallace?s tier at MDC on the A shift.
Records re?ect that she worked at least one-half hour of overtime, which would have overlapped
with the shift during which Mr. Wallace was injured and Of?cer Rene?s arrival to replace her.
See EX. 18 (Daily Overtime Form). Although the form she self-servingly ?lled out shows that
she left just over thirty minutes into the Shift, other facts detailed below suggest that she
stayed longer and aided in the attack.

Detainee X2 has provided an af?davit stating that, ?a female correctional of?cer opened

Daquan?s cell door to allow other inmates access to his other inmates who were given

 

2 An un-redacted copy of the af?davit cited above, which discloses the detainee?s name, has been
provided to the defense under a con?dentiality agreement. Before it is publicly ?led with the
Court, the plaintiffs will ?le a motion to seal the document in order to protect the name of the

17

access to his cell beat Daquan for an extended period of time,? and a ?correctional of?cer could
hear the beating going on.? See EX. 19 (Redacted Af?davit) (emphasis added).

Rene ackens is a male. Of?cer Shird is the only female Correctional Of?cer identi?ed in
BCDC records who could possibly have been the person described by the af?ant (assuming she
stayed even later on the tier than she disclosed in her overtime form).

Another fact suggesting that it was Of?cer Shird who is identi?ed as having opened the
door is a former detainee?s contact with the Warden Betty Johnson, which the Warden described
as follows:

Today, I was leaving the I building. . .when I was approached by an African

American male. The individual addressed me as Warden Johnson. He asked me

if they ever found out who killed the young boy on Section in December. I

asked him his name but he refused to give it to me stating he was there when it

happened but has since bene released. . ..He stated the boys Flatline, Meatball and

D-Nice beat him up and put him back in bed. He went on to say they are BGF. In

addition, he went on to say Ofc. Sheraton was on the section and allowed these

assaults and robberies to occur.

Ex. 20 (April 28, 2015 e-mail from Warden Betty Johnson). refers to the notorious
?Black Guerrilla Family? gang which threatened and previously beat Mr. Wallace.

Employment records re?ect no ?Of?cer Sheraton? at BCDC at the time. In fact, the
plaintiffs have not been able to locate any of?cers whose names sound anything like ?Sheraton,?
except Of?cer Shird.

Given the brief verbal nature of the sidewalk conversation and the fact that Warden

Johnson was taken by surprise, it is entirely possible that she heard ?Sheraton? instead of

?Shird.? The two names sound very similar when spoken aloud.

 

af?ant. The af?ant is still incarcerated and fears for his life if his identity is made public. In the
interim, a redacted version, obscuring only the af?ant?s name, is attached as EX. 19.

18

Moreover, Of?cer Shird had been assigned to that very tier on the day in question, and
her overtime forrn re?ects that she stayed late, at least partially overlapping with the shift on
which Mr. Wallace was attacked.

Even if Of?cer Shird physically opened the door, this could not have been accomplished
without Of?cer Rene?s involvement as he had the keys and Rene admits having done rounds at
least twice during the brief dinner period when the attack occurred. At the very least, Of?cer
Rene would have had to have provided the keys, observed the attack and/or the aftermath and
failed to report it. EX. 3 (Moore Deposition) at 78. (Of?cer Rene did not report seeing an assault
occur.).

After the attack, Mr. Wallace was transferred to the medical unit at BCDC and then the
hospital, where his traumatic brain injury was diagnosed. He is alive today, but totally unable to
care for himself.

F. The Evidence Demonstrates that the Defendants Cooperated
with One Another to Effectuate the Attack on Mr. Wallace.

Correctional Of?cers Rene and/ or Shird permitted physical access for the attack to occur
by ordering Mr. Wallace?s cellmate to dinner early and opening both the assailant?s cells and Mr.
Wallace?s cell. Then Of?cer Rene, who had to have seen and heard the attack during his rounds,
allowed it to continue and subsequently kept the identities of the assailants a secret.

It also appears that gang members were ready to strike in advance. Mr. Wallace was only
on the tier in the MDC building for a very short period of time before being attacked. There was
not enough time for the planning and execution of the attack in the brief interval after his arrival
until the attack occurred.

Nor was there enough time or interaction between inmates for Wallace to have been

attacked for any other reason than his prior refusal to join the gang. Mr. Wallace had not left his

19

cell since being transferred to MDC and there is no evidence that he had ever interacted with his
attackers previously. This further suggests a premeditated gang attack.

The premeditated nature of the attack helps to explain the actions of Patterson and Portee
in falsifying the grounds for the transfer and failing to obtain proper approvals. Their actions
were designed to place Mr. Wallace within reach of gang members at MDC supervised only by
Of?cer Rene so that the attack could occur.

Rene must have also participated in the planning of the transfer because Patterson and
Portee would have no other way of knowing that the ?invalid? form would be accepted. In
considering this evidence, it is important to recall that the grounds for the transfer were
completely false. If the transfer was refused, then this false reporting would have come to light
and Patterson and Portee could have lost their jobs. The suggestion that they would take such a
risk without ?rst talking to Of?cer Rene is unthinkable.

Indeed, Patterson and Portee would have known that Rene was slated to be the of?cer to
receive Mr. Wallace. They also certainly had the opportunity to discuss matters with him. He
. was working at 11 alongside Patterson and Portee while the paperwork was being drafted.

The only rational explanation for the- reckless misconduct in procuring the transfer is that
it was designed to put Mr. Wallace in harm?s way with the cooperation of Of?cer Rene.

The transfer certainly was not motivated by the desire to remove Mr. Wallace from any
interactions with Correctional Of?cers at J1. First, Rene was scheduled to follow Wallace from
11 to MDC that day and he routinely worked at MDC. Second, Of?cer Portee herself admitted
that she did not remember any complaints or concerns about Daquan during his time at BCDC.

Ex. 4 (Portee Deposition) at 135.

20

The transfer cannot be explained as an attempt to help Mr. Wallace either. First, Lt.
Patterson had the choice to request protective custody and segregation when ?lling out the
housing form, but she chose not to do so. Ex. 10 (Patterson Deposition) at 119', EX. 12 (Transfer
Form with blanks for protective custody). Instead, she transferred him from a less dangerous
situation with lower?threat prisoners to a more perilous setting. Finally, the defendants
fabricated serious disciplinary allegations to justify the transfer.

In addition to working closely together at BCDC, Rene, Patterson, Portee and Shird are
all intimately aligned in other ways. Lt. Patterson is a social friend of retired Sgt. Portee to this
day. EX. 10 (Patterson Deposition) at 134. Of?cer Shird was Officer Rene?s Field Training
Of?cer when he was a new recruit. EX. 1 (Rene Deposition) at 150. Finally, after working at
MDC, Officer Shird was transferred to I to work with Lt. Patterson. EX. 10 (Patterson
Deposition) at 144.

G. The Evidence Demonstrates that the Defendants Cooperated
with the BGF Gang to Effectuate the Attack on Mr. Wallace.

Given that he was held back from dinner in his cell shortly after he arrived, and then
attacked in his cell during dinner, it does not appear that Mr. Wallace had any interactions on the
tier at all with the assailants prior to the attack. Indeed, there is no evidence that he had ever
even met them previously. This suggests that the attack was premeditated.

Inmate statements cited above re?ect that Mr. Wallace?s attackers were BGF gang
members. Mr. Wallace had been beaten before on multiple occasions as a result of his failure to
join BGF. It stands to reason that this was another such attack, although of far greater severity.

Furthermore, the falsification of the grounds for the transfer, the failure to obtain
approval for it, Rene?s acceptance of the transferee and the defendant?s efforts to provide access

to Wallace for gang members while keeping their actions secret, all strongly suggest that the

21

transfer was made by the of?cers at the request of gang members. There is no other tenable
explanation for all that occurred.

This conclusion is buttressed by the fact that the very gang threatening Mr. Wallace was
in almost total control of BCDC at the time, which resulted in the closure of the facility two
years later. See, e. g, 
(quoting Maryland Governor Larry Hogan, ?The ?nal closure of this detention center removes a
stain on the reputation of our state and Maryland's correctional system. For years, corruption,
criminal activity, and deplorable conditions have plagued this facility, but that ends today?).

In a press release describing a case which eventually led to the convictions of over 40
people, the FBI announced the initial indictment of 13 correctional of?cers with the Maryland
Department of Public Safety and Correctional Services, ?for conspiring to run operations of the
Black Guerilla Family (BGF) gang inside correctional facilities,? especially BCDC. The release
went on to quote Special Agent in Charge Stephen E. Vogt as follows:

This investigation revealed the pervasive nature of prison corruption in Baltimore

City?s Detention Centers. . . .In this case, the inmates literally took over ?the

asylum,? and the detention centers became safe havens for the BGF.

See 

charges.

Indeed, there is extensive testimony from the of?cers themselves admitting that
Correctional Of?cers cooperated with inmates to commit crimes in BCDC, including attacks on
inmates like Mr. Wallace. In 2011 and 2012, Major Moore began to hear allegations that
of?cers were allowing assaults to occur. EX. 3 (Moore Deposition) at 25. Although she claims

that the frequency decreased, Major Moore continued to hear that of?cers were allowing inmate-

on?inmate assaults to occur in 2013 and 2014. Ex. 3 (Moore Deposition) at 26-27. From 2011 to

22

2014, the problem of corrections officers cooperating directly with gang members to achieve
unlawful ends at BCDC was described by Major Moore as ?pretty bad.? Ex. 3 (Moore
Deposition) at 33?3 4. Maj or Moore testi?ed that BCDC still had such problems as it was being
closed in 2016. EX. 3 (Moore Deposition) at 37. Major Moore admitted to being aware of
?situations where inmates were harmed as a result of guards cooperating with gang members.?
Ex. 3 (Moore Deposition) at 35-36.

Defendant Lt. Patterson testified that during her tenure at BCDC, ?prisoners cooperated
with guards and guards cooperated with prisoners to perform criminal conduct there.? Ex. 10
(Patterson Deposition) at 22. Lt. Patterson had also heard that guards had sexual relationships
with detainees and that ?there was other potential criminal conduct that these guards were
engaging in with or on behalf of inmates.? Ex. 10 (Patterson Deposition) at 23.

Motivation is ultimately irrelevant where constitutional violations have occurred.
Perhaps the officers did not like Mr. Wallace for some unknown reason or perhaps they did
perceive that he was disrespectful at 1 (despite their own descriptions of him to the contrary).
What matters is that these of?cers violated their duties and Mr. Wallace?s constitutional rights,
resulting in catastrophic and permanent injury.

LEGAL STANDARD

A motion for summary judgment may only be granted if there is no genuine dispute as to
any material fact in the record and the moving party is entitled to judgment as a matter of law.
See Gunby v. Olde Severna Park Improvement Ass ?11, 174 Md. App. 189, 235, 921 A.2d 292, 320
(2007). In attempting to avoid a full trial by requesting summary judgment, defendants bear a
heavy burden of proof. 1d. The plaintiff has no burden of proof whatsoever. Goodwich v. Sinai

Hosp, 343 Md. 185, 206, 680 A.2d 1067, 1078 (1996) (noting that ?the non-movant bears no

23

burden of proof at the summary judgment stage?). The purpose of summary judgment ?is not to
try the case or resolve factual disputes, but to determine whether a factual controversy exists
requiring a trial.? Walpert, Smallian Blumenthal, PA. 12. Katz, 361 Md. 645, 650 n.2, 762 A.2d
582, 585 n.2 (2000). The burden of proof lies solely with Defendants to identify portions of the
record?affidavits, documents, or testimony that would be admissible at trial?proving the
absence of any dispute of material fact. Bond v. Nibco, Inc. 96 Md. App. 127, 135-36, 623 A.2d
731, 735 (1993).

Moreover, the Court must consider all the facts in a light most favorable to Plaintiff, the
non-moving party, and must draw all reasonable inferences in favor of Plaintiff. Rhoads v.
Sommer, 401 Md. 131, 148, 931 A.2d 508, 518 (2007). In addition to showing that there are no
material facts in dispute, to obtain summary judgment, defendants must prove that they are
entitled to judgment as a matter of law on all claims. Md. Rule motion for
summary judgment must satisfy the requirements for the entry of a judgment in the same fashion
and to the same extent as if the case had gone to trial.? Paul V. Niemeyer Linda M. Schuett,
Maryland Rules Commentary 354 (3d ed. 2003).

IV. ANALYSIS

A. DISPUTED FACTS PRECLUDE SUMMARY JUDGMENT

When the factual outline above and its detailed citation to the record is compared with the
version of events proffered by the defense, it is clear that there are numerous material factual
disputes which preclude summary judgment. Without limitation the most critical of these are

outlined below.

i. The Defendants? Version of the Attack is Contrary to the Evidence.

24

The defense claims that Mr. Wallace went to dinner and that he was attacked as inmates
were returning. This is contrary to the three different inmate statements that Wallace stayed
behind and did not go to dinner.3 It is also contrary to the investigative conclusion reached by
Maj or Moore to the effect that Wallace was attacked in his cell where he was found and where
there was blood on the wall.

Moreover, in order for the attackers to have come from Cells 47 and 48 (where the
bloody clothes were found), they would have had to have been let out by Of?cer Rene. It is
undisputed that the inmates in Cells 47 and 48 did not attend dinner, but were instead locked in
their cells at the time. It is also undisputed that Of?cer Rene had the keys.

The State?s designee, Assistant Director for Facilities Maintenance John Gauthier
testi?ed that at the time of these events, cell doors on Mr. Wallace?s tier were opened with a ?set
of keys,? and that this happened at each cell door, and not at a central station because, ?[t]here
were no central controls in BCDC men?s detention center? for cell doors. See Ex. 17 (Gauthier
Deposition) at 54-56.

Therefore, in order for the occupants of Cells their locked cells as
the others were on their way back from eating and get blood on their clothes assaulting Mr.
Wallace, Rene had to have released them. He was, after all, the only officer with the keys. Ex. 1
(Rene Deposition) at 80.

The defense further alleges that the attack occurred during a time when officers were
distracted by an unrelated incident between two detainees on Mr. Wallace?s tier as the inmates

all returned from dinner. This theory is untenable not just because the assailants were locked in



3 Officer Rene admitted that Beatty?s statement differed substantially from Rene?s version of
events. EX. 1 (Rene Deposition) at 124-126. Rene had no explanation for the discrepancy
except to continue to insist that Daquan had left the tier. Id.

25

their cells, but also because the radio call associated with the unrelated incident went out at 19:17
and was cancelled at 19:18. See Ex. 21 (Post 13 Log Book showing a brief call for assistance on
Post Mr. Wallace?s Tier).

The incident which the defense claims distracted of?cers lasted less than one minute. Id.
That was simply not enough time for Mr. Wallace to be so severely beaten by three men and then
returned to his bed, which is where he was found.

In addition, Wallace?s cellmate discovered Wallace unresponsive in his bunk and noti?ed
of?cers almost immediately upon his return from dinner. The in'tial call for assistance for
Wallace went out at 19:32. See Ex. 21 (Post 13 Log Book). This was 14 minutes after the
supposed distraction ended. Of?cers could not have still reasonably been distracted 14 minutes
later by an incident lasting less than a minute on the same tier where Wallace was attacked.

Moreover, when the inmates are moved in groups, they are accompanied by a transport
team. Although it can differ, the team consists of approximately five to six of?cers in front of
the group of inmates and another ?ve to six of?cers in the rear of the group of inmates, for a
total of 10-12 of?cers. Ex. 1 (Rene Deposition) at 53.

In other words, in addition to Of?cer Rene, whose role was to remain on the tier, when
the defense avers this event occurred, there was a much larger team of of?cers present. This
makes it even less tenable that the whole team was still somehow so distracted by a one minute
event that they all missed a three-on?one assault on the same tier 14 minutes later.

Finally, the defense theory is that the of?cers were distracted by another ?ght (14
minutes earlier) and used a central mechanism to open all of the cells on the tier, which
(according to the defense) allowed the assailants to move across the tier unnoticed and attacked

Mr. Wallace in his cell.

26

This defense theory relies on their being a central release for all of the cell doors.
Otherwise, there is no way for the defense to explain how the assailants, who did not go to lunch
and were locked in their cells during lunch, got out.

Yet, as the State?s designee and Assistant Director for Facilities Maintenance testi?ed,
cell doors on Mr. Wallace?s tier were opened with a ?set of keys,? and that this happened at each
cell door, and not at a central station because, ?[t]here were no central controls in BCDC men?s
detention center? for cell doors. See Ex. 17 (Gauthier Deposition) at 54-56. There was no
central cell door release. Therefore, Rene must have stood directly at the assailant?s door When
he let them out and directly at Mr. Wallace?s door when he let the assailants in. He would have
known, at the very least, that he was needlessly releasing the assailants. More likely, based on
the evidence summarized above, he knew that he was releasing them, providing them access to
Mr. Wallace and allowing an assault to occur. The difference, from a liability perspective, is
negligible.

ii. The Defendants? Version of Lt. Patterson?s
Telephone Call with Ms. Wallace is Disputed.

Ms. Wallace told Ms. Patterson about injuries to Daquan?s during one of her
telephone calls to the institution. EX. 5 (Wallace Deposition) at 58-59, 72. Ms. Patterson
observed the obvious injuries, said she did not like the way Mr. Wallace?s looked, and
promised his mother that he would receive medical attention. Ex. 5 (Wallace Deposition) at 58-
59, 72. Lt. Patterson called Daquan?s mother back later to report that his socket was injured.
Ex. 5 (Wallace Deposition) at 67.

Lt. Patterson admits that Ms. Wallace contacted her by telephone prior to the attack
which is the primary subject of this case and prior to Mr. Wallace? 5 transfer to the building

where he was attacked. Ex. 10 (Patterson Deposition) at 57. Lt. Patterson also admits that Ms.

27

Wallace informed Lt. Patterson that other inmates were trying to get Mr. Wallace to join a gang
and that he had refused and was afraid for his safety. EX. 10 (Patterson Deposition) at 62.
Finally, Lt. Patterson admits that Daquan?s mother requested that he be moved to protective
custody as a result. Ex. 10 (Patterson Deposition) at 62.

These facts demonstrate that Lt. Patterson knew of the grave risk to Mr. Wallace, knew
he had previously been attacked and yet still procured his invalid and fraudulent transfer into a
more dangerous environment, apparently at the request of the gang. This behavior is outrageous.

Lt. Patterson also promised during this telephone exchange to place Mr. Wallace into
protective custody based on the obvious injury. Ex. 5 (Wallace Deposition) at 86-87. Mr.
Wallace was never placed into protective custody.

In disputed testimony, Lt. Patterson further claimed that she brought Mr. Wallace into her
of?ce to speak to his mother over the telephone and that, during the call, he allegedly refused
protective custody.

In support of her allegation, Lt. Patterson claims that Mr. Wallace wrote an inmate
statement, saying that he did not fear for his safety and did not want to be moved. Ex. 10
(Patterson Deposition) at 64. Lt. Patterson claims that the alleged inmate statement as well as a
report she wrote reflecting the conversation were given to the Security Chief and the Warden
after the attack. EX. 10 (Patterson Deposition) at 83-85.

No such documents have been produced in discovery despite the availability of hundreds
of pages of contemporaneous reports, including others from Lt. Patterson.

Moreover, Ms. Wallace does not recall any conversation with Ms. Patterson and Daquan
about whether Daquan wanted to go into protective custody. Ex. 5 (Wallace Deposition) at 74.

Indeed, Ms. Wallace testified very forcefully that no such conversation ever occurred. Ex. 5

28

(Wallace Deposition) at 74. Daquan never rejected protective custody during any call with her.

Ex. 5 (Wallace Deposition) at 87.

B. The Defendants are Not Entitled to Summary Judgement
o_n_ Count 1, Article 24 of the Maryland Declaration of Rights.

The defense begins its analysis by arguing that the federat 8th Amendment standard for
?sentenced prisoners? applies to the plaintiff 5 state Article 24 claim despite admitting that he
was a ?pretrial detainee.? See Defense Motion at 4. The defense cites no case in which
Maryland has actually adopted this standard, however.

Instead, the defense merely notes that the state constitution is sometime interpreted in
part materia with the federal constitution. In so noting, the defense fails to advise the court that,
?Maryland caselaw repeatedly notes that federal and state due process clauses are interpreted in
part materia, but Article 24 has independent protective force and can be interpreted more
broadly.? Smith v. Bortner, 193 Md. App. 534, 553, 998 A.2d 369, 380 (2010) (citing Koshko v.
Haining, 398 Md. 404, 443-44, 921 A.2d 171 (2007)).

In fact, the Court of Special Appeals has rejected the application of the 8th Amendment to

pretrial detainees like Mr. Wallace:

Bortner suggests in his brief that Smith may have enjoyed even less protection
than Article 24 would afford her because the arrest warrant was the result of a
violation of a probation before judgment appellant received in 2001, and a
judgment of probation means she was found guilty. See Howard County Dept. of
Social Services v. Linda J. 161 Md.App. 402, 410, 869 A.2d 404 (2005). He
contends that only the Eighth Amendment, which protects convicts from cruel and
unusual punishment, provided appellant protection. . .. Even if properly presented
here, this argument is incorrect. The arrest warrant issued against appellant was
based on an alleged violation of her probation. At the time she was arrested by the
Baltimore County police, she had never been adjudicated guilty of violating her
probation, and it became clear subsequently that she, in fact, did not violate
probation. Indeed, the warrant was based on an erroneous report of her probation
officer and should have been corrected by the court when the probation of?cer
informed the court of the mistake. Therefore, appellant was a pretrial detainee
awaiting adjudication of whether she was guilty of violating her probation.

29

Smith v. Bortner, 193 Md. App. 534, 550, 998 A.2d 369, 378 (2010). Daquan Wallace was also
a pretrial detainee at the time of the events at issue here.

Bortner held that a due process analysis applied to pretrial detainees instead of the 8th
Amendment standard. The case went on to define the contours of the applicable due process
standard as follows:

The parties have staked out widely divergent positions on the appropriate due
process standard governing excessive police force against a pre-trial detainee.
Bortner now argues that the sole standard governing the excessive force
contention here is the ?elemental? standard of ?shock the conscience,? which
denotes a ?very high standard of Smith contends that we should
apply the due process test articulated in Robles, 302 F.3d at 269, of whether the
detaining of?cer's conduct amounted to punishment that was not an incident of
some other legitimate government purpose. Smith's argument is strengthened by
the fact that Robles is based upon the Supreme Court?s decision in Bell 12. Wol?sh,
supra, as reaf?rmed in Graham with regard to an excessive force claim of a pre-
trial detainee.

The parties do not appear to disagree that the shock-the-conscience standard is the
more dif?cult test for a plaintiff to meet and that the Bell 1). Wol?sh analysis is the
more Equally clear is that the ?shock-the-conscience? standard
is not a one?size-?ts-all due process standard for police misconduct.



We believe Supreme Court cases make it clear that, as a matter of federal due
process, pre?trial detainees merit more protection from excessive force than that
provided by the elemental shock-the?conscience standard. That is the import of
Lewis, Graham, and Bell. As a matter of federal due process, the appropriate
constitutional standard is that set forth in Bell. Smith argues that under
Article 24 of the Declaration of Rights, the same standard should apply. We
agree.

Smith v. Bortner, 193 Md. App. 534, 549?53, 998 A.2d 369, 378480 (2010).

Thus, the Bortner case both rejected the 8th Amendment approach urged by the defense
and adopted the lower standard for due process violations found in Bell v. Wol?sh, 441 US. 520,
535?39, 99 S. Ct. 1861, 1872?74, 60 L. Ed. 2d 447 (1979). The proper analysis for claims

brought by pretrial detainees like Mr. Wallace is explained in Bell as follows:

30

In evaluating the constitutionality of conditions or restrictions of pretrial detention
we think that the proper inquiry is whether those conditions amount to
punishment of the detainee. For under the Due Process Clause, a detainee may
not be punished prior to an adjudication of guilt in accordance with due process of
law. . . .A person lawfully committed to pretrial detention has not been adjudged
guilty of any crime. He has had only a ?judicial determination of probable cause
as a prerequisite to [the] extended restraint of [his] liberty following arrest.?
And, if he is detained for a suspected violation of a federal law, he also has had a
bail hearing. Under such circumstances, the Government concededly may
detain him to ensure his presence at trial and may subject him to the restrictions
and conditions of the detention facility so long as those conditions and restrictions
do not amount to punishment, or otherwise violate the Constitution.

$4444

This Court has recognized a distinction between punitive measures that may not
constitutionally be imposed prior to a determination of guilt and regulatory

restraints that may.


Thus, if a particular condition or restriction of pretrial detention is reasonably

related to a legitimate governmental objective, it does not, without more, amount

to ?punishment.? Conversely, if a restriction or condition is not reasonably

related to a legitimate goal-if it is arbitrary or purposeless-a court permissibly may

infer that the purpose of the governmental action is punishment that may not

constitutionally be in?icted upon detainees qua detainees.
Bell v. Wol?sh, 441 US. 520, 535?39, 99 S. Ct. 1861, 1872-74, 60 L. Ed. 2d 447 (1979).

The correct analysis for an Article 24 claim brought by a pretrial detainee as a result of
his treatment in con?nement is whether the act complained of ?is reasonably related to a
legitimate governmental objective,? or whether it is ?not reasonably related to a legitimate goal?
or ?arbitrary or purposeless.? Id. If the detainee?s treatment is ?not reasonably related to a
legitimate goal? or ?arbitrary or purposeless,? then, such treatment ?may not constitutionally be
in?icted upon [the] detainee.? Id.

While this is an interesting academic issue, the choice of an Article 24 standard should
not determine the outcome of this case. The plaintiffs can meet both the 8th Amendment

standard incorrectly urged by the defense and the lesser due process standard which properly

applies under Bormer.

31

First, the plaintiff will address the higher, but incorrect, standard suggested by the
defense. The defense incorrectly urges the Court to apply ?the legal principles governing a
sentenced risoner?s Eight Amendment failure to protect claim,? as such:

In order to succeed on such a claim, a prisoner must prove that the defendant (1)

had knowledge of a substantial risk of serious harm and (ii) acted with deliberate
indifference, a criminal reckless standard, to the prisoner?s safety.

See Defense Motion at 4. The plaintiff notes that armer v. Brennan, 511 US. 825, 833?34, 114
S. Ct. 1970, 1976477, 128 L. Ed. 2d 811 (1994), the case the defense cites for this test, was

careful to note that:

as the lower courts have uniformly held, and as we have assumed, ?prison
of?cials have a duty to protect prisoners from violence at the hands of
other prisoners.? Cortes?Quinones v. Jimenez?Nettleship, 842 F.2d 556, 558
(CA1) 1977 (internal quotation marks and citation omitted), cert. denied, 488
US. 823, 109 68, 102 L.Ed.2d 45 (1988); see also Wilson v. Setter, 501
U.S., at 303, 111 at 2326?2327 (describing ?the protection [an inmate] is
afforded against other inmates? as a ?conditio[n] of confinement? subject to the
strictures of the Eighth Amendment). Having incarcerated ?persons [with]
demonstrated proclivit[ies] for antisocial criminal, and often violent, conduct,?
Hudson v. Palmer, supra, 468 U.S., at 526, 104 at 3200, having stripped
them of virtually every means of self?protection and foreclosed their access to
outside aid, the government and its officials are not free to let the state of nature
take its course. Cf. DeSl?taney, supra, 489 U.S., at 1994200, 109 at 3021?
3022; Estelle, supra, 429 U.S., at 1034104, 97 at 2904291 . 
allowing the beating. . .of one prisoner by another serves no ?legitimate
penological Hudson v. Palmer, supra, 468 U.S., at 548, 104 at
3211 (STEVENS, ., concurring in part and dissenting in part), any more than it
squares with ?evolving standards of decency,? Estelle, *834 supra, 429 U.S., at
102, 97 at 290 (quoting Trop v. Dulles, 356 US. 86, 101, 78 590, 598,
2 L.Ed.2d 630 (1958) (plurality opinion)). Being violently assaulted in prison is
simply not ?part of the penalty that criminal offenders pay for their offenses
against society.? Rhodes, supra, 452 U.S., at 347, 101 at 2399.

Former v. Brennan, 511 US. 825, 833434, 114 S. Ct. 1970,1976477,128 L. Ed. 2d 811 (1994).
The plaintiff objects to the application of the federal 8th Amendment standard for

convicted prisoners, and maintains that the ordinary Article 24 due process standard for pretrial

32

detainees like the plaintiff should apply. However, the plaintiff notes that even the higher

standard urged by the defense is easily met here.

There are multiple federal cases with facts similar to the present case in which convicted

prisoners have met the 8th Amendment standard. For example, ischl v. Armitage, 128 F.3d 50,

51 (2d Cir. 1997) involves facts remarkably similar to the case at bar. Plaintiff Josef Fischl,

formerly an inmate in New York State?s Clinton Correctional Facility, appealed from a ?nal

judgment granting summary judgment on his 8th Amendment complaint alleging that correctional

officers allowed other inmates to enter his prison cell and assault him. The Second Circuit Court

of Appeals reversed the grant of summary judgment and remanded the case for trial, finding that

the allegation that officers permitted inmates to enter another cell for purposes of an assault was

sufficient grounds for liability under the 8th Amendment.

1n Hostetler v. Green, 323 F. App?x 653, 655 (10th Cir. 2009), a guard permitted one

'n in the cell of another inmate for 10 minutes while food trays were

inmate to enter and remar

being collected. The plaintiff was raped in the cell during that time. In an opinion authored by

The Honorable Neil Gorsuch (now a Supreme Court Justice), the Tenth Circuit Court of Appeals

held that letting an inmate into another inmate?s cell against policy was sufficient for 8th

Amendment liability:

early established by 2004, when the alleged

readily conclude that it was cl
infraction took place, that an inmate has an Eighth Amendment right to be
uards taking actions that are deliberately indifferent to

protected against prison 

the substantial risk of sexual assault by fellow prisoners. See Farmer, 511 US. at
833434, 114 1970; Ramos v. Lamm, 639 F.2d 559 (10th Cir.1980) (?[Ajn
inmate does have a right to be reasonably protected from constant threats of

ts from other inmates?). Indeed, when we were faced

violence and sexual assaul
from sexual assaults beginning in early
that clearly established

law didn?t provide them notice that they could not take actions deliberately

indifferent to a substantial risk of prisoner-on?prisoner sexual assault. We
observed that ?[t]he Supreme Court and the Tenth Circuit have repeatedly and

2005, we express

33

unequivocally established an inmate's Eighth Amendment right to be protected
from substantial risks of sexual assault by fellow prisoners.? Howard v. Waide,
534 F.3d 1227, 1242 (10th Cir.2008).

Hostetler v. Green, 323 F. App?x 653, 657-959 (10th Cir. 2009). While Hostetler addressed
sexual assault, there is no reason to legally distinguish that form of violence from the physical
assault that left Mr. Wallace catastrophically brain damaged. Moreover, as noted above, Mr.
Wallace had been seen by medical staff previously for ?rape/?ght? and the medical records from
after the ?nal assault on him noted, ?human lips marks? on his chest 4 apparently in reference to

a bite.

Opening the door to permit an inmate?on-inmate assault also led to 8th Amendment
liability in the case of Irving v. Dormire, 519 F.3d 441, 44748 (8th Cir. 2008):

Irving charges that Hyer and Neff failed to protect him by opening the cell doors
so that Prewitt could attack him. To prove a suf?ciently serious deprivation in
failure to protect claims, an inmate must prove that prison of?cials caused him to
be ?incarcerated under conditions posing a substantial risk of serious harm.?
Young v. Selk, 508 F.3d 868, 872 (8th Cir.2007) (internal quotation omitted); see
also Taylor v. Crawford, 487 F.3d 1072, 1079?80 (8th Cir.2007) (stating that a
substantial risk of unnecessary in?iction of pain is an unconstitutional condition
of con?nement). We further note that ?gratuitously allowing the beating of one
prisoner by another serves no legitimate penological Farmer, 511
U.S. at 833, 114 1970 (alteration in origina internal quotation omitted).
?Being violently assaulted in prison is simply not part of the penalty that criminal
offenders pay for their offenses against society.? Id. at 834, 114 1970

(internal quotation omitted).

The allegation that Hyer and Neff opened the cell doors so as to enable
Prewitt to attack Irving portrays unjusti?able, actionable inmate?
endangering conduct. . .. Hyer and Neff not only failed to take reasonable
measures to guarantee Irving's safety as required by the Eighth Amendment, see
Farmer, 511 U.S. at 832, 114 1970, they intentionally brought danger to
him. They themselves were a large part of the ?conditions posing a substantial

risk of serious harm? to Irving.
9% 

Accordingly, because the alleged deprivation of Irving?s right to be free from
assault by fellow inmates was suf?ciently serious to support a failure to protect

34

claim, the district court properly denied quali?ed immunity to Hyer and Neff with
respect to this incident.

Irving v. Dormire, 519 F.3d 441, 44748 (8th Cir. 2008).

Likewise, in Johnson v. Thaler, N0. C.A. 009?313, 2009 WL 5216936, at *5 (SD. Tex.
Dec. 24, 2009), the trial court held that opening a cell door is suf?cient for Amendment
liability:

[P]laintiff claims that Of?cer Doe knew he was placing plaintiff at risk of harm
when he opened the cell door because he knew there was no guard working the
pod. Similarly, he claims that Of?cer Sanchez knew or should have known that
by leaving his assigned post, he caused plaintiff to be more vulnerable to attack.
Thus, for purposes of 1915A screening, plaintiff has stated Eighth Amendment
claims against these defendants, and these claims will be retained and service
ordered on these defendants.

Id.

In Newman 12. Holmes, 122 F.3d 650, 652?53 (8th Cir. 1997), there was 81h Amendment
liability for a prison guard who opened a cell door allowing an assault to occur:

Holmes argues that the evidence was insuf?cient to support a ?nding that he
violated plaintiffs' Eighth Amendment right to be free from cruel and unusual
punishment by failing to protect them from ohnson?s unprovoked attack. The jury
necessarily found that Johnson escaped because Holmes for some reason opened

ohnson's cell door, and the evidence is clearly suf?cient to support that ?nding.
The question is whether the evidence supports the additional ?nding of an Eighth

Amendment violation.
>3

On balance, we conclude that the circumstantial evidence of deliberate

indifference is suf?cient to require that the jury verdict be upheld. The judgment

of the district court is af?rmed.
Newman v. Holmes, 122 F.3d 650, 652?53 (8th Cir. 1997)

As a result, the conduct of Of?cers Rene and Shird in opening the door clearly gives rise
to liability even under the 81h Amendment standard.

As noted above, Of?cers Patterson and Portee orchestrated an unlawful transfer in order

to place Mr. Wallace in harm?s way. This behavior, as well, gives rise to liability under the 8?1l

35

Amendment. For example, in Howard 12. Waide, 534 F.3d 1227, 1237 (10th Cir. 2008), the
plaintiff, who had suffered prior threats and attacks at a different facility, was merely ?housed in
a less-restrictive area of the prison where he alleges it was easier for gang members to assault
him.? Howard v. Waide, 534 F.3d 1227, 1237 (10th Cir. 2008). Yet, the court found that this
housing decision could give rise to 8th Amendment liability. This housing decision is analogous,
but made by guards who are less culpable than Patterson and Portee, who violated procedure and
fraudulently transferred Mr. Wallace to place him in harm?s way.

Similarly, Case v. Ahitow, 301 F.3d 605, 606?07 (7th Cir. 2002) involved an inmate-on-
inmate assault giving rise to 8th Amendment liability for not keeping a dangerous prisoner more

closely supervised:

The assault occurred only three days after Case's release from segregation to the
labor pool. He was leaving the prison dining room after breakfast by a hallway
that led past the prison's print shop?~where, as it happened, Jones was assigned to
work without supervision deSpite his terrible record. As Case passed by the door
to the shop, approximately 50 minutes after the beginning of Jones's working day,
Jones leapt out and repeatedly hit Case with the head of a broom, in?icting
injuries that include a permanent hearing loss. The broom head, like other

potential weapons, was supposed to be locked away, but was not.

Case?s theory is that the defendants (or some of them?we are doubtful that the
plaintiff can establish the complicity of all the defendants, who include the
prison's warden) were out to ?get? him, and knowing that Jones if given a chance
would attack him released Case from segregation so that he would pass by the
print shop unescorted by guards, thus giving Jones an opportunity to attack Case
and ?teach him a lesson.? (A guard observed the attack and called other guards
who eventually subdued Jones, though not until he had assaulted another inmate
as well.) It's as if the guards had placed a hungry lion in the print shop and
opened the door as Case passed by. The case law con?rms that the behavior
alleged by Case satis?es the deliberate-indifference standard. Pavliek v.
Mi?lirz, 90 F.3d 205, 208 (7th Cir.1996); Cantu v. Jones, 293 F.3d 839, 843?45
(5th Cir.2002); Fischl v. Armitage, 128 F.3d 50, 56e58 (2d Cir.1997); Street v.
Corrections Corp. of America, 102 F.3d 810, 816 (6th Cir.l996).

Case v. Ahitow, 301 F.3d 605, 606-07 (7th Cir. 2002). In Case, the guards were far less culpable

than in the present matter. Assigning a dangerous prisoner to work with little supervision is far

36

less egregious than Patterson and Portee?s conspiracy to violate procedure and fraudulently
transfer Mr. Wallace to place him in harm?s way despite knowing of the dangers of the BGF
gang.

After ignoring all of the case law suggesting liability where an officer fails to protect a
prisoner, the defense goes on to offer a hotly-contested and completely one?sided version of
events which simply ignores the vast majority of the evidence cited in the ?facts? section of this
opposition. Rather than repeat all of the facts giving rise to liability, that section is incorporated
herein by reference.

In brief summary, the defendant clearly had knowledge of a substantial risk of serious
harm. First, the harm attendant to letting three prisoners into the cell of another prisoner is self-
evident. This is why the policy was that all prisoners were to go to lunch and that all cell doors
were to remain locked Goka Bobbitt, 862 F.2d 646, 652 (7th Cir.l988) (where rationale for
prison policy?preventing inmate violence?43 ?evident on the face? of the policy, prison
official?s failure to enforce the policy can support a ?nding of deliberate indifference)

Second, jail of?cials were aware of the threat to Mr. Wallace. Patterson and Portee had
observed injuries to Mr. Wallace, and his mother had called multiple times to complain about
gang attacks, speaking to Lt. Patterson three or four times about her son?s safety. Ex. 5 (Wallace
Deposition) at 70.

Third, Defendant Of?cer Erica Shird agreed that there are consequences for prisoners
who refused to join gangs, including the possibility that, ?the gangs attack them.? Ex. 6 (Shird
Deposition) at 88.

Fourth, Patterson knew that the 1 building was safer than MDC, where Mr. Wallace was

transferred. Ex. 10 Patterson Deposition at 77?80 (?The dormitory is a better setting. . . .at one

37

point they changed the status to our building, the security status, because it?s dormitory settings,
to like minimum or medium. They were trying to alleviate all maximum security people from
being in the JI Building. . . 

Finally, multiple of?cers testi?ed about the almost total in?ltration of the BGF gang into
the BCDC.

Likewise, the of?cers acted with deliberate indifference to the prisoner?s safety. As
noted above, courts across the country have held that this standard is met by much less egregious
conduct involving housing assignments and the opening of cell doors.

The misconduct at issue here readily meets the relevant standard. Patterson and Portee
conspired to falsify documentation, Violate procedures meant to protect inmates, transfer Wallace
to a more dangerous facility where Rene and Shird could permit the attack, and then, ?nally, an
of?cer opened the door and allowed the attack to occur. Indeed, an inmate af?davit re?ects not
only that correctional of?cers opened the door, but also that they could hear the attack occurring
and did nothing to stop it.

Finally, as noted above, if a pretrial detainee?s treatment is ?not reasonably related to a
legitimate goa or ?arbitrary or purposeless,? then, such treatment ?may not constitutionally be
in?icted upon [the] detainee.? Bell 12. Wol?sh, 441 US. 520, 535?39, 99 S. Ct. 1861, 1872474,
60 L. Ed. 2d 447 (1979). This is the proper standard to be applied to Article 24 claims brought
by pretrial detainees like Mr. Wallace. Smith v. Bormer, 193 Md. App. 534, 550, 998 A.2d 369,
378 (2010).

For the same reasons that the tougher (but incorrect) 8th Amendment standard is met

here, the lesser (and correct) due process standard is easily satis?ed. Fraudulently transferring

38

Mr. Wallace to within striking distance of his assailants and opening the cell doors to let three
gang members assault him are clearly not actions ?reasonably related to a legitimate goal.?

C. The Defendants Are Not Entitled to Summary Judgment on the
Count I Article 26 Claim Under the Maryland Declaration of Rights.

The defense misunderstands the potential reach of Article 26 in asserting that the claim
must be dismissed because it allegedly deals only with the arrest and seizure of a plaintiff.
Article 26 is broader than the question of whether or not an arrest or seizure was performed with
proper authority. For example, an excessive force claim can be brought under either Article 24
or Article 26. See Smith v. Bortner, 193 Md. App. 534, 544 (2010) (?Maryland cases have said
that the standard for analyzing claims of excessive force by police of?cers are the same under
Articles 24 and Thus, Article 26 is not limited to the question of an of?cer?s authority to
arrest or detain an individual, as suggested by the defense.

Even with respect to the question of ?seizure,? there is signi?cant controversy in the law,
unresolved as to Articles 24 and 26 in Maryland, regarding which standard applies to a pretrial
detainee. The relevant cases assume that, at some point on the path from arrestee to convicted
prisoner, an individual?s treatment by the government goes from being addressed by Article 26?s
prohibition of unlawful seizure to Article 24?s prohibition against the denial of due process.

Unfortunately, the point at which Article 26 protections cease is unresolved in Maryland.
See Smith v. Bormer, 193 Md. App. 534, 543?48, 998 A.2d 369, 374478 (2010). As such, the
plaintiff asserts his Article 26 rights here.

However, the standard for an Article 26 claim in the present context is the same as the
standard for an Article 24 claim. See, e. g, Smith v. Bortner, 193 Md. App. 534, 544 (2010);

Randall v. Peaco, 175 Md.App. 320, 330, 927 A.2d 83 (2007); Hines v. French, 157 Md.App.

39

536, 575,- 852 A.2d 1047 (2004). This is why the plaintiff pleaded a single count (Count I) for
both Articles 24 and 26.

Given that the standard is the same, the Court may be inclined to simplify matters by
dismissing the Article 26 claim and allowing the case to proceed on the Article 24 claim alone.
The plaintiff urges that the Court allow the single count for Article 24/26 to proceed as pleaded.
This is because a reviewing court might determine that either Article 24 or Article 26, but not the
other, applies here. If the trial court dismisses one claim, and an appellate court determines that
the dismissed claim is the one that should have gone forward, then the parties could face an
unnecessary retrial. Instead, the wiser approach appears to be to allow both to go forward as one
count, recognizing that the same standard applies to both under the present circumstances.

D. The Defendants are Not Entitled to Summary Judgement on the
Claims Under Articles 16 25 of the Maryland Declaration of Rights.

The defense argues that the claims under Articles 16 and 25 are, in effect, 8th Amendment
claims and then states that the 8th Amendment does not apply because the plaintiff is a pretrial
detainee. See Defense Memorandum at 16.

Despite earlier arguing that the 8th Amendment standard applies for purposes of the
Article 24 analysis, the defense now argues that the 8th Amendment does not apply for purposes
of the Articles 16 and 25 analysis. This type of inconsistent argument is all too frequently
asserted to avoid constitutional liability. As a result, plaintiffs are forced to plead every
potentially applicable constitutional right.

Either the 8th Amendment standard applies to pretrial detainees (as the defense asserts at
pages 4-5 of their Memorandum), or the 8th Amendment standard does not apply (as the defense

asserts at page 16 of their Memorandum). The defense cannot have it both ways.

40

As noted in the plaintiff?s analysis of Count I above, it is the lesser due process standard
which should apply to pretrial detainees like the plaintiff.

However, if the court accepts the defendants? invitation to analyze the Article 24 claim in
Count I under the 8th Amendment standard, then it is only fair that the Article 16 and 25 claims
should be permitted to go forward. As the plaintiff notes, Articles 16 and 25 are ?in part
materiai? with the 8th Amendment. See Defense Memorandum at 16.

E. The Complaint States a Claim Under
Article 40 of the Maryland Declaration of Rights.

Mr. Wallace was a pretrial detainee and, therefore, entitled to greater constitutional
protection than a convicted inmate. However, even a convicted inmate ?retains those First
Amendment rights that are not inconsistent with his status as prisoner or with the legitimate
penological objectives of the corrections system.? Pell v. Procunier, 417 US. 817, 817, 94 S.
Ct. 2800, 2802, 41 L. Ed. 2d 495 (1974) (syllabus); Peadergast v. State, 99 Md. App. 141, 636
A.2d 18 (1994) (Article 40 of the Maryland Declaration of Rights is read in part materia with
First Amendment protections). More specifically:

?It is well established that a prisoner's constitutional rights are violated if
adverse action is taken against him in retaliation for the exercise of his First
Amendment rights.? Pate v. Peel, 256 F.Supp.2d 1326, 1336 
citirig Farrow v. West, 320 F.3d 1235, 1248 (11th Cir.2003); Mitchell 12. Farcass,
112 F.3d 1483, 1490 (11th Cir.1997); Wright v. Newsome, 795 F.2d 964 968
(11th Adams 12. James, 784 F.2d 1077, 1080 (11th Cir.1986). Prison
officials may not infringe on an inmate?s First Amendment right to petition
the government for a redress of his grievances with a practice that is ?not
reasonably related to legitimate penological objectives? or take certain
actions ?with the intent of chilling that First Amendment right.? Harris 12.
Ostroat, 65 F.3d 912, 916 (11th Cir.1995), citing Turner 12. Sa?ey, 482 US. 78,
85?89, 107 2254, 2260~61, 96 L.Ed.2d 64 (1987), and Wildberger v.
Brackriell, 869 F.2d 1467, 1468 (11th see also Pate, 256 F.Supp.2d at
1336. Retaliation in the prison setting may be established by demonstrating
that a prison of?cial took adverse actions against an inmate because he filed
a grievance. See Farrow, 320 F.3d at 1248; Pate, 256 F.Supp.2d at 1336.

41

Cummings v. Harrison, 695 F. Supp. 2d 1263, 1274 (ND. Fla. 2010).

The right to free speech includes ?the right to be free from retaliation by a public official
for the exercise of that right.? Suarez Corp. Indus. v. McGraw, 202 F.3d 676, 685 (4th Cir.2000)
(citation omitted). ?[Bjy engaging in retaliatory acts, public of?cials place informal restraints on
Id. Thus, retaliation by a public official for the exercise of a constitutional right is
actionable. See ACLU v. Wtcomtco County, 999 F.2d 780, 785 (4th Cir.l993).

Mr. Wallace reported his injuries to medical staff, his attorney and in open court to the
judge. See Fact Section, supra. Then his mother reported the injuries to Lt. Patterson, who
shortly thereafter concocted fraudulent grounds to transfer him without sufficient basis or
approval to a more dangerous building, where he was brutally assaulted. See id. Lt. Patterson
stated that he was being disrespectful to officers, but could not identify any such officers, could
not identify the alleged ?disrespect,? and never wrote him a disciplinary ticket for it. Id.

From these facts, a jury could conclude that Mr. Wallace was punitively transferred for
speaking up about his mistreatment. The plaintiff established that he complained personally and
through his mother. Thus, there was a motive (hostility toward the plaintiff 8 complaints) for the
officers to punitively transfer him. The plaintiff also established that there was no legitimate
purpose for the transfer. Indeed, multiple correctional of?cers repeatedly testified that the
con?icting stories of alleged misconduct would have amounted to a disciplinary ticket and
solitary con?nement at worse, not a transfer. Id.

The only issue left is whether the motivation was, indeed, retaliatory. ?The determination
of motive, intent, or knowledge is for the jury and not to be resolved on summary judgment.?
DtGrazia v. County Execut't'vefor Montgomery County, 288 Md. 437, 418 A.2d 1191 (1980);

Sterry v. Bethlehem Steel Corp, 64 Md. App. 175, 188, 494 A.2d 748, 754 (1985). Indeed,

42

numerous courts in a wide variety of circumstances have held that questions of motive and intent
are issues for ajury to decide. Sewell v. State, No. 2183 SEPT. TERM 2016, 2018 WL 6228585,
at *15 (Md. Ct. Spec. App. Nov. 29, 2018) (?The question of corrupt intent in a case for
misconduct in of?ce is a question for the trier of fact?); People v. Hardrick, 258 Mich.App. 238,
671 548, 552 (2003); Cheek v. United States, 498 US. 192, 203, 111 604, 611, 112
L.Ed.2d 617 (1991) (?it goes without saying that matters of intent are for. the jury to 
B. VJ. Indus, Inc. v. Microso? Corp, 826 F.2d 1059 (4th Cir. 1987) (?The issue of motive or
intent is usually factual and is for the jury. . Alexia Barrio?Whaler: v. State of Maryland, No.
2016 WL 1259556, at *4 (D. Md. Mar. 28, 2016) (??intent is a subjective element
usually left for the jury's determination?); Northfield Ins. Co. v. Boxley, 215 F. Supp. 2d 656,
662 (D. Md. 2002) (?Typically, intent is a highly factvbound element usually left for the jury's
determination?); Beall v. Holloway?Johnson, 446 Md. 48, 67, 130 A.3d 406, 417 (2016)
(?Although a plaintiff is required to adduce admissible facts as to each element of a claim. in
order to reach the jury, it is well?established that ?intent is a subjective element usually left for
the jury's determination?). Thus, the question of the true intent and motivation of the
correctional officers should be left to the jury, especially in light of the strong circumstantial
evidence presented here.

F. Plaintiffs have Properly Stated a Longtin Claim
MUnconstitutional Pattern or Practige.

Defendants next argue that there is no claim against the State for a pattern or practice of
unconstitutional misconduct. They make this argument based upon the fact that the first case
recognizing such a claim happened to be against a local government. See Prince George rs
County v. Longtin, 419 Md. 450, 500, 19 A.3d 859, 889 (2011) (plaintiffs? counsel here was

lead trial and appellate counsel in Longtin).

43

There is nothing from the Longtin decision that expressly limits a pattern and practice
claim to local governments. Indeed, the language of the decision speaks in broad terms, with a
goal of punishing unconstitutional practices wherever such practices may be found. See id. at
496, 19 A.3d at 856. There are no geographic or political limitations. See id. Instead, in
adopting a ?pattern or practice? claim, the Court held:

The State is appropriately held answerable for the acts of its of?cers and

employees because it can avoid such misconduct by adequate training and

supervision and avoid its repetition by discharging or disciplining negligent

or incompetent Moreover, there is no reason why the deterrent

value of holding the State answerable for an actionable assault by one of its

employees is warranted but the deterrent value of holding it liable for an

employee's constitutional tort is not. A pattern or practice claim is merely a

more egregious subset of the actions that are prohibited by Maryland

constitutional law.

Id. (emphasis added) (internal citations omitted).

The decision goes on to declare that ?Maryland?s constitutional protections require more
from public officials Mmunicipalities than 1983. . . Id. (emphasis added)

Longtin applies to ?public officials? - not just ?local officials,? ?city officials,? or
?county officials.? See id. The Court should not read such a limitation into the decision. Had
the Court of Appeals intended to limit its decision only to municipalities, it would have done so.
Instead, the inclusion of the phrase ?public of?cials? was no mistake, and was intended to carry
the scope of the Longtin decision to both the local and state level. See id.

There is additional support for this contention. In Longtin, the Court of Appeals found
support for the pattern and practice claim, by looking to DiPino v. Davis, 354 Md. 18, 729 A.2d
354 (1999). Longtin, 419 Md. at 494, 19 A.3d at 886. DiPino, in turn, relied on a New York
case, in which the plaintiffs had sued the State of New York for constitutional torts by its police

of?cers. DiPino, 354 Md. at 52-53, 729 A.2d at 372 (quoting Brown v. State, 674 1129,

44

1142-43 (N .Y. 1996)). In Brown, the New York Court of Appeals concluded that the plaintiffs
could bring their claims against the State of New York, because the ?State is appropriately held
answerable for the acts of its officers and employees because it can avoid such misconduct by
adequate training and supervision and avoid its repetition by discharging or disciplining
negligent or incompetent employees.? 674 at 1142-43.

Both DiPino and Longtin reprised this language. Indeed, in Longtin, the Court of
Appeals anchored its pattern and practice decision to the mooring provided by the Brown
decision:

[O]ur decision to impose respondeat liability on local governments has a firm

policy foundation: The State is appropriately held answerable for the acts of its

officers and employees because it can avoid such misconduct by adequate training

and supervision and avoid its repetition by discharging or disciplining negligent

or incompetent employees. Moreover, there is no reason why the deterrent value

of holding the State answerable for an actionable assault by one of its employees

is warranted but the deterrent value of holding it liable for an employee's

constitutional tort is not.

Longtin, 419 Md. at 494, 19 A.3d at 886. To craft some unseen and unstated limitation on a
pattern and practice claim would be particularly inappropriate in light of this case history.

The defense cites an unreported federal court opinion to support the incorrect contention
that the State cannot be held liable for an unlawful pattern or practice. First, there is no
Maryland case cited on this point. Second, the case was unreported. So it is not controlling
precedent even in federal court, let alone here. Third, none of the arguments presented above
were decided by the federal court. Fourth, states have immunity from suit in federal court for all
claims under the Amendment, so a federal court decision is extremely unlikely to permit

state liability. Indeed, the court mentioned Amendment immunity in its brief ruling. Rosa 1).

Bd. ofEduc. ofCharles C132, Md, No. 2012 WL 3715331, (D. Md. Aug.

27,2012).

45

Finally, the State claims immunity from a constitutional pattern or practice claim. The
State is not immune from claims for Violations of the State Constitution brought in State Court.
If it were, the State Constitution would be meaningless and unenforceable. The one case cited by
the defense on this point does not hold otherwise.

G. The Defense is Not Entitled to Summary Judgment on the Negligent
?ing. Retention. training and Supervision Claims of Count V.

An employer may be held liable to a third person for injuries caused by an employee
under a negligent hiring, training, supervision, or retention theory if the employee posed an
unreasonable risk of harm to members of the public and others, and the employer knew or should
have known of such a risk. See, e. g, Henley v. Prince George?s County, 60 Md. App. 24, 36
(1984), rev ?01 in part on other grounds, 305 Md. 320 (1986) (holding that an employer is
obligated ?to the public to use due care in selecting and retaining only competent and careful
employees?); Evans v. Morsell, 284 Md. 160, 167, 395 A.2d 480, 484 (1978) (noting ?the
employer must make some reasonable inquiry before hiring or retaining the employee?); Jones v.
State, 425 Md. 1, 33, 38 A.3d 333, 352 (2012) (negligent training); Latty v. St. Joseph's Soc. of
Sacred Heart, Inc. 198 Md. App. 254, 273, 17 A.3d 155, 165 (2011); Cramer v. Hons.
Opportunities Cornin?n ofMontgomery Cnty., 304 Md. 705, 713, 501 A.2d 35, 39 (1985); Rn?in
Hotel Corp. ofMaryland v. Gasper, 418 Md. 594, 627, 17 A.3d 676, 695 (2011); Asphalt 
Concrete Servs., Inc. v. Perry, No. 2059 SEPT.TERM 2013, 2014 WL 5490591, at 16 (Md. Ct.
Spec. App. Oct. 30, 2014).

If the of?cers whose misconduct is detailed above had been properly trained then what
happened in this case could possibly have been avoided. Indeed, much of the of?cers? training
prevented the BCDC from weeding out problem of?cers. Supervisor Major Moore had been

trained (incorrectly) that ?you had to basically catch the person in the act? before anything could

46

be done to remedy the problem and that ?if it was the inmate?s word against the corrections
of?cer, [she] thought [her] hands were tied.? See Ex. 3 (Moore Deposition) at 178520-21.

Major Moore?s options in addressing the problem of collusion between the guards and
inmates were severely limited by government policy. She was trained that she was ?not
permitted to bring problems like this up to the media or to politicians or to anybody other than
through [her] chain of command.? See EX. 3 (Moore Deposition) at 35. Major Moore was
trained by the State that if she went this route, she could lose her job. See Ex. 3 (Moore
Deposition) at 35.

Had the of?cers been properly supervised, then the attack would have been impossible.
Proper supervision would have meant that a supervisor would have reviewed the Transfer Form.
As noted in the Facts section above, the supervisor who should have reviewed the form testi?ed
that she would have rejected the transfer and placed Mr. Wallace is segregation by himself where
he would have been safe.

Proper supervision would not have allowed Of?cer Rene the opportunity to let the
assailants out of their cell or into Mr. Wallace?s cell. The defense alleges that the cameras there
did not work and there was no other supervision on the tier for Of?cer Rene for almost his entire
shift. In a facility with all of the known problems that BCDC had, to have one of?cer handling
an entire tier of primarily maximum security offenders alone with no supervision for such a long
period of time is simply negligent. There is certainly enough evidence to go to the jury on this
point.

H. The Defendants are Not Entitled to Summary
Judgment on Count VI Negligence Claim.

A negligence claim requires the pleading of l) a duty on the part of the defendant to

conform to a speci?c standard of care, 2) a breach of that duty, 3) damage resulting from the

47

breach of duty, and 4) proximate causation. Schultz v. Bank of America, N.A., 413 Md. 15, 27,
990 A.2d 1078, 1086 (2010).

It is well settled that, ?prison of?cials have a duty to protect prisoners from
violence at the hands of other prisoners.? Farmer v. Brennan, 511 U.S. 825, 833434, 114 S.
Ct. 1970, 1976?77, 128 L. Ed. 2d 811 (1994) (citing Cortes-Quinones v. Jimenez-Nettleshz?p,
842 F.2d 556, 558 (CA1), cert. denied, 488 US. 823, 109 68, 102 L.Ed.2d 45 (1988)).
Indeed, the defense concedes that there is a ?duty of reasonable care to protect prisoners from
being harmed by other inmates in circumstances where the harm is reasonably foreseeable.?
Defense Memorandum at 24.

This duty was breached when Rene and Shird opened the assailants? cell doors and Mr.
Wallace?s cell door to allow three inmates to assault Mr. Wallace. All inmates were required to
go to lunch to avoid any risk of harm in the cells, but Rene allowed them to stay behind. The
doors were required to be locked to further protect the prisoners, but the of?cers opened them.

It is not only reasonably foreseeable, but highly likely, that allowing three inmates into
Mr. Wallace?s cell while he was there alone and the rest of the tier was empty would lead to an
assault.

It is undisputed that the assault caused grievous injury to Mr. Wallace, who is
permanently and catastrophically brain damaged.

Finally, the actions of the of?cers proximately caused the injury because if they had not
freed the assailants or opened Wallace?s door, the assault could not have occurred.

Patterson and Portee also had a duty not to fraudulently manufacture insuf?cient grounds
to transfer Mr. Wallace and not to transfer him without proper approvals. Likewise, Rene had a

duty not to accept the transfer without proper approval.

48

Yet, all of these duties related to the transfer were breached as described in the Fact
section above.

It is reasonably foreseeable that when a small, built, non-violent offender is
improperly transferred from a lower security setting to a higher security setting with more
dangerous criminals that he is at greater risk. Moreover, there is evidence detailed above to the
effect that the officers transferred Wallace speci?cally to put him at risk, which certainly
demonstrates the foreseeability of the harm.

It is undisputed that absent the transfer, the assault could not have occurred because the
assailants would not have had access to Mr. Wallace. Once again, it is undisputed, the assault
caused serious injury to Mr. wallace. Ex. 5 (Wallace Deposition) at 91?93 (Ms. Nicole Wallace
detailed that on a daily basis she gets up at 5:30 to ?change him [Mr Wallace], bathe him, get
him out of the bed, put him in his chair. Well, put his clothes on, then put him in a chair, feed
him.? She also describes that ?he wears diapers? and can no longer speak more than one syllable
and-is visually impaired.)

Finally, the actions of the of?cers in improperly transferring Mr. Wallace proximately
caused the injury because if they had not transferred him, the assault could not have occurred.

As a result, there are ample grounds for the negligence claim to move forward.

I. The Defendants are Not Entitled to Summary
_J_u_dgment On the Civil Conspiracy Clair_n_.

?Under Maryland law, civil conspiracy is defined as the ?combination of two or more
persons by an agreement or understanding to accomplish an unlawful act or to use unlawful
means to accomplish an act not in itself illegal, with the further requirement that the act or the
means employed must result in damages to the plaintiff.? Marshall v. James B. Nutter Co. 

758 F.3d 537, 541 (4th Cir. 2014) (quoting Ho?man v. Stamper, 867 A.2d 276, 290 (Md. 2005)

49

(quoting Green 12. Wash. Suburban Sanitary Comm ?rz, 269 A.2d 815, 824 (Md. Civil
conspiracy requires 1) a confederation of two or more persons 2) agreeing to the unlawful or
tortious act to be committed in furtherance of the conspiracy, 3) and actual legal damage to occur
as a result. Von Royerz v. Lacey, 262 Md. 94, 277 A.2d 13 (1971).

In this case, the Defendants conspired with one another to Violate Mr. Wallace?s
constitutional rights in subjecting him to an attack orchestrated by correctional of?cers. Supra
pgs. 6-23. The defense simply reiterates its incorrect assertion that there are no facts to support
the underlying claims. Then, the defense suggests that without any underlying claims, there can
be no conspiracy either.

In response, the plaintiffs incorporate the analysis above demonstrating that there are a
myriad of other Viable claims. The plaintiffs further incorporate the Facts section above, which
amply demonstrates the conspiracy.

J. The Defendants are Not Entitled to Summary
Judgment on the Assault and Battery Claims.

Again, the defense merely ignores all the evidence cited above and simply states that
there are no facts to suggest that Correctional Officers acted in concert with inmates ?to cause
Mr. Wallace to suffer apprehension of immediate battery? or to ?encourage inmates [to] brutally
attack[] and beat Mr. Wallace.? Defense Memorandum at 29.

Not to belabor the point, but opening cell doors and allowing three inmates into another
inmate?s cell when he was there alone at a time when the tier was otherwise empty would clearly
place any inmate in fear of eminent bodily harm. As such, there is liability for assault.

Likewise, one who transfers an inmate for the purpose of being assaulted and one who

opens the door so an inmate can be assaulted is liable for the assault under a conspiracy theory.

50

These facts, as well as those detailed above, readily demonstrate suf?cient grounds to
defeat summary judgement an assault and battery claims.

K. The Defendants are Not Entitled to Summary Judgment

on the ?Malice or Gross Negligence Claims? because
There are No Such Claims Asserted Here.

The defense has, throughout its summary judgment argument, misunderstood the case
before this Court. The defense spends most of its memorandum arguing about the individual
liability of speci?c of?cers. However, this case is not against individual of?cers. There are no
individual defendants. Instead, the plaintiffs have named only the State and two state entities as
defendants.

Likewise, the defense notes that the State maintains its immunity for claims against
individual State employees acting with malice or gross negligence and moves to dismiss such
claims. However, the defense fails to realize that there are no such claims. The words ?malice?
and ?gross negligence? do not appear anywhere in the Complaint. As there are no such claims,
the defense motion to dismiss them should be denied.

The defense further confuses matters by appearing to suggest that the State does not bear
any liability for ?knowingly wrongful conduct by State personnel? like unconstitutionally
?facilitate [ing] or conspire[ing] to arrange the attack? or intentional torts like assault and battery.
This is incorrect as a matter of law.

In Lee v. Cline, 384 Md. 245, 248e66, 863 A.2d 297, 299?310 (2004), the court made it
abundantly clear that the State had waived its liability for both constitutional claims and
intentional torts absent malice or gross negligence:

Section of the State Government Article now provides that ?the

immunity of the State and of its units is waived as to a tort action, in a court of the

Neither intentional torts (in the absence of malice), nor torts based upon
constitutional violations, are excluded. . . .The current language of the Maryland

51

Tort Claims Act plainly appears to cover intentional torts and constitutional torts
as long as they were committed within the scope of state employment and without
malice or gross negligence. There are no exceptions in the statute for intentional


>3

regard to torts encompassed by the Maryland Tort Claims Act, the statute

generally waives sovereign or governmental immunity and substitutes the liability

of the State for the liability of the state employee committing the tort.

Lee v. Cline, 384 Md. 245, 248?66, 863 A.2d 297, 299?3 10 (2004).

Thus, the State is liable, up to the statutory cap in the Maryland Tort Claims Act, for all
of the constitutional and intentional torts at issue here. The only exception to the State?s
statutory liability would be a jury finding that all of the of?cers whose misconduct is at issue
acted with malice or gross negligence. As the plaintiff has not pleaded malice or gross
negligence and the defense has not asserted that any of the correctional of?cers acted with
malice or gross negligence, this is not an issue in the case. Therefore, the motion for summary
judgment on this ground should be denied.

V. CONCLUSION
For all of the foregoing reasons, the defendant?s motion should be denied.
CONDITIONAL REQUEST FOR HEARING

To whatever extent the Court is not inclined to deny the Defendants? motion on the papers
alone, Plaintiffs request a hearing.

Respectfully submitted,
HANSEL LAW, PC

Cary J. ?ansel (CPF No. 9912150020)

Erienne A. Sutherell (CPF No. 1512160303)
2514 N. Charles Street

Baltimore, Maryland 2121 1 8

301/461-1040 (telephone)

443/45 1-8 606 (Facsimile)

52

cary@hanse11aw.com
esuthere11@hanse11aw.com
Counsel for Plainti?s

QERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 22rd day of January, 2019, I caused the foregoing to be

Esquire, Of?ce of the Attorney General, 300 East

Cary J. ?ansel (CPF No. 9912150020)

mailed, postage prepaid, to Laura Mullally,

Joppa Rd, Suite 1000, Towson, MD 21286.

53

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

 

 

 

NICOLE WALLACE, et a1.

Plaintiffs,
V. CASE No. 
STATE OF MARYLAND, et at.

Defendants.

INDEX OF EXHIBITS

Exhibit No. Description
Exhibit 1 Deposition Transcript Excerpt of Rene ackens
Exhibit 2 Duty Of?cer Check Sheet
Exhibit 3 Deposition Transcript Excerpt of Karen Moore
Exhibit 4 Deposition Transcript Excerpt of Lisa Portee
Exhibit 5 Deposition Transcript Excerpt of Nicole Wallace
Exhibit 6 Deposition Transcript Excerpt of Ericka Shird
Exhibit 7 December 2, 2014 In?rmary Report
Exhibit 8 September 9, 2014 Health Assessment
Exhibit 9 December 2, 2014 Hearing Transcript
Exhibit 10 Deposition Transcript Excerpt of Tamara Patterson
Exhibit 11 Jail Industry Building Logbook
Exhibit 12 Transfer Form I
Exhibit 13 Deposition Transcript Excerpt of Betty Johnson

Exhibit 14

Exhibit 15

Exhibit 16

Exhibit 17

Exhibit 18

Exhibit 19

Exhibit 20

Exhibit 21

Exhibit 22

Af?davit of Joseph Beatty

Criminal Investigation Report

Email from Detective Allen to Detective BonVenga
Deposition Transcript Excerpt of John Gauthier
Daily Overtime Form

Con?dential Af?davit

Email from Betty Johnson

Post 13 Logbook

Inmate Statement of Joseph Beatty

JACKENS RENE July 03, 2018
WALLACE vs STATE OF MARYLAND 1-4

 

 

 

Page 1 Page

1 NICOLE WALLACE, at: 3.1., IN THE 1 APPEARANCES:

2 Plaintiffs. CIRCUIT COURT 2 Law Offices of Hansel Law, PC

3 v. FOR 3 For the Plaintiffs

4 STATE OF MARYLAND, BALTIMORE CITY 4 2514 North Charles 

5 at al., CASE NO. 5 Baltimore, MD 21.213

6 Defendants. 24-C-17-006410 6 301-461w1040

7 Pages 1 through 138 7 eeutherellehansellaw.oom

8 8 BY: Erienne A. Sutherell, Esq.

9 9
10 10 Department of Public Safety and Correctional
11 11 Services
12 DEPOSITION 0F JACKENS RENE 12 For the Defendants
13 BALTIMORE, MARYLAND 13 300 East Joppa Road

14 TUESDAY, 3, 2018 14 Suite 1000
15 15 Toweon, MD 21286
16 1.6 410-339-7567

17 17 

18 18 BY: Laure Mullally, Bag.
19 19
20 20
21 Reported by: Patricia K. Smith 21

Page 2 Page 4

1 

2 2 EXAMINATION 0F JACKENS RENE BY: PAGE
3 3 ms. SUTHERELL 5
4 4

5 5

6 July3,2018 6 EXHIBITS

7 2:12 p.m. 5- EXHIBIT NUMBER DESCRIPTION pass
8 a 1 Blaek Transfer of Housing Assignment 69
9 Deposition of Jackens Rene, held at the offices 9 2 Central Region Matter of Record - 101
13 of: 10 Information Report

11 11 3 Three?page handwritten log 10'?
12 12 4 Internal Investigate Division 124
13 Hansel Law, PC 13 Supplemental Report

14 2514 North Charles Street 14 5 Serious Incident Report 129
15 Baltimore, MD 21218 15 6 Transfer of Housing Assignment 136
15 16 7 Division of Pretrial Detention and 167
17 17 Services Matter of Record Information

18 18 Report:

19 19

20 Pursuant to notice, before Patricia K. Smith. a 20

21 Notary Public of the State of Maryland. 21

 

 

 

 

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JACKENS RENE

July 03,2018

 

 

WALLACE vs STATE OF MARYLAND 37?40
Page 37 Page 39

1 Q. Sure. All right. So you check in 1 drug or, you know, anything suspicious,

2 with the relieving officer and that's the person 2 basically. You basically observe the inmate,

3 that's leaving their shift? 3 make sure they're, you know, not hurt, if -- you
4 A. Yes, ma'am. 4 know, just observe for anything that's abnormal.
5 Q. Okay. And you go over the roster, you 5 Q. Okay. In the cell itself what's

6 make sure that you have all of your inmates. 6 there? Is there a toilet and two bunk beds?

7 And you said that you do a head count. Are the 7 A. In the cells, yes.

8 inmates in their cells at that time or are you 8 Q. Okay.

9 just kind of going around and -- 9 A. A toilet and two bunk beds.

10 A. No, ma'am. Everyone have to lock in 10 Q. And about how large is the cell?

11 before their relieving officer actually relieves 11 A. I'm not good with measurement, but

12 you. So everyone's secured in the cells. And 12 it's big enough for two people to live in.

13 then once I do my count, whatever activities 13 Q. Okay. And is there anything else, a

14 going on later on on my shift, then I would let 14 chair or a mattress or anything else in the cell
15 those people out for their activities. 15 that you see?

16 Q. Okay. So is that considered a 16 A. No chair, ma'am. It's only a mattress
17? lockdown time? 17 on each bunk bed with their sheets and their
18 A. Yes, ma'am. 18 towels that they use and washcloth, their

19 Q. All right. So the change of shift is 19 personal hygiene stuff, and also commissary.
20 a lockdown time and everyone has to be in their .20 That's it. That's about it.
21 cells; is that right? 21 0. Now, tasked you before if there was

Page 38 Page 40

1 A. Yes, ma'am. 1 anywhere to hide. The mattress is pretty thin,

2 Q. Okay. And you go around with the 2 isn't it?

3 other officer and you're looking in the cells to 3 A. Yes, ma'am.

4 make sure that who is supposed to be there is, 4 Q. Okay. So someone can't hide

5 in fact, there? 5 underneath the mattress, right?

6 A. Yes, ma'am. 6 A. lwould see them.

7 Q. And describe the cells for me. How do 7 Q. Okay.

8 you see inside the cells? Are they open cells 8 A. They're very thin.

9 with just bars or is it a wall and they have to 9 Q. Okay. The mattress is about three to

10 come out to the little window? 10 four inches thick, is that 

11 A. It's an open cell with grills. You 11 A. About that.

12 can basically see everything in the cell. 12 Q. About that? Okay. So you go cell to

13 Q. Okay. Is there anywhere to hide in 13 cell and you're observing everything that's in

14 the cell? 14 the cell on top of making sure that the right

15 A. No, ma'am. 15 person is in the cell and you're checking that

16 Q. Okay. And what all can you see in the 16 off on the roster?

17 cell? If you're just standing in front of it 17 A. Yes, ma'am.

18 what do you observe? 18 Q. So when it?s confirmed that everyone

19 A. Observing everything. You look for if 19 is secured and everyone who is supposed to be
20 they have any contraband, any weapons laying 20 accounted for is accounted for, and how long

around, any type of thing that could look like a 21 does that take, that whole process?

 

 

 

 

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JACKENS RENE
WALLACE Vs STATE OF MARYLAND

July 03, 2018
53?56

 

Page 53

 

Page 55

 

 

 

1 a cafeteria. So they come on my tier and they 1 the button to release inmates; is that right?

2 say it' 5 feed up timeYes, ma'am.

3 have another officer with me, they assist them 3 Q. Okay. So they get their first section

4 and/or me or the other officers, staying at the 4 and they head outwith them and take them to

5 box and controlling the cells. 80 the feed up 5 feed up. What do you do?

6 team goes in a tier, like I conduct recreation, 6 A. I basically check around. make sure

7 they go like cell to cell and we pop the cells, 7 nobody drop any contraband while they come out,
8 whoever want to go feed up, they come out, they 8 make sure all the cells, double check, make sure
9 put thelrjumpsult on and they leave the section 9 all the cells are locked, and also check on the

10 for feed up. Whoever?s not going for feed up, 10 other side, do security rounds on the other side
11 they stay inside the cell. 11 that's left. make sure everybody's okay, until

12 Q. Okay. So the feed up team, they 12 the ?rst group come back.

13 escort everyone over to feed up? 13 Q. Okay. So do you then walk -- so

14 A. Once they let everyone out they have a 14 you?re walking cell to call, you said? You make
15 group of officers that's up front leading them 15 sure everything?s locked?

16 and they have another group of officers that's 16 A. Yes, ma'am.

17 behind them to make sure they go straight to 17 0. Okay. So you walk cell to cell and

18 where they're supposed to go. 18 make sure everyone who's supposed to be at feed
19 Q. How many of?cers are in each of those 19 up is, in fact, at feed up?

20 groups, front and back? 20 A. Right.
21 A. I'm not sure. It differs every day. 21 Q. And everyone who wanted to stay back

Page 54 Page 56

1 Five, six, maybe. i don't know. 1 did, In fact, stay back?

2 Q. And how many inmates would they escort 2 A. Right.

3 at a time? 3 Q. And do you keep a record or a log of

4 A. They do each side, top and bottom. 4 that?

5 Q. So let's use one of the smaller 5 A. The ones who stay I know. I know. I

6 sections, for example, that was a 96 inmate 6 just look on my -- on my roster. And a lot of

7 cell. They would be taking about 48 people at a 7 times only a few of them stay. Not many.

8 time, top and bottom? 8 Q. Is there ever a time when everyone is

9 A. Sounds about right, yes. 9 at feed up, everyone from that whole section?
10 0. Okay. From one side? Okay. And then 10 A. If they have enough manpower they have
11 they would come back and they would do two more 11 been sometimes.

12 tiers? 12 0. Okay. So if everybody's at feed up

13 A. After they after the first side and 13 what do you do?

14 they come back. they look them in and then they 14 A. Like i said, I still do the same

15 ready for the next side. they move the next side 15 thing. One officer has to stay on the tier

16 out. 16 because they have enough officers to conduct
1? Q. And what's your responsibility during 1? feed up. So I just like again just check for if
18 that process? Let's say you're there by 18 anybody drop anything illegal, make sure

19 yourself and you don?t have another officer 19 nobody's on the tier if I know everybody?s

20 working with you. They show up, you help them 20 leaving, or if some one or two stay in the

out, you? re at the box and you would be pushing 21 cells, just make sure they?re okay.

 

 

 

 

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JACKENS RENE July 03, 2018
WALLACE VS STATE OF MARYLAND 65?68
Page 65 Page 67"

1 0. Yes. 1 an inmate who received a ticket or who's been

2 A. We contact we know traffic is 2 into a ?ght and any altercation with any

3 basically taking care of all that stuff. Once 3 of?cers or any case may be.

4 it?s signed by traffic, than we just follow 4 Q. So it's a separate section, it's not

5 orders and transfer. 5 like the Section or the Section?

6 Q. So the form is signed by traffic? 6 A. it's a separate section designated

7 A. Yes. 7 just forthat.

8 Q. Okay. A supervising officer in 8 Q. All right. Can you think of any other

9 traffic? 9 reasons why an inmate would get transferred?

10 A. Maybe. I'm not sure. 10 A. No, ma'am.

11 0. Okay. 11 Q. Okay. What if an inmate is being

12 A. But somebody who?s in charge in 12 accused of stealing from another inmate? Where

13 traffic does the paperwork. 13 would they be transferred?

14 Q. Okay. And why would an inmate get 14 A. l'm not sure. i never had that.

15 transferred? 15 Q. if an inmate is accused of stealing

16 A. You say why would an inmate -- l_'m 16 from anotherinmate would they receive a ticket?

1? sorry? 17 A. Yes, ma'am.

18 Q. Why would an inmate get transferred? 18 Ct. Okay. So if they receive a ticket

19 A. For different reasons. Sometimes, i 19 they should go to lockup; is that right?

20 don't know, if it's something like -- like i 20 A. They should.

21 said earlier, if it's something for protective 21 Q. Okay. But do they sometimes not go to

Page 66 Page



?4?1.44444?1?3?1


 

reason they're going to PC they have to transfer

them and they transfer them to PC, if they

receive a ticket and they have to go to lockup

they have to leave that general population and

transfer to lockup. So -- and -- and I'm not

sure for any other reason they get transferred.
Q. All right. So you said if they need

to be transferred to PC, which is protective

custody, right?

A. Yes, ma?am.

Q. Okay. So if they need to get
transferred to protective custody you oversee
that. What do you mean if they receive a
ticket? What kind of ticket would they get?

A. Any infraction with any correctional
officers or if they've been into a fight we have
to write them up and give them a ticket. So
once they receive that ticket then they have to
go to lookup.

Q. And what's lockup?

A. It's just a section where they house

 

lockup?

A. i never had that situation, so i don't
know.

Q. All right. As the receiving officer,
do you ever question the transfer form? Did you
ever think, well, wait a second, this doesn?t
have the right signature on it or why are they
being transferred? Did you ever come across a
situation like that?

A. No, ma'am.

O. No? Okay. Approximately how many
transfers do you think you did as a transferring
officer?

A. i really can't recall that, but l've
done a few.

Q. Okay. When you were a transferring
officer, if that was your shift for the day,
what was the average number of transfers you
would do in that day?

A. Every day is different, but average
will be maybe ten.

 

 

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JACKENS RENE July 03, 2018
WALLACE vs STATE OF MARYLAND 73-76
Page 73 Page 75
1 0. Okay. But if they were not going for 1 transfer officer? .
2 medical treatment that part wouldn't get filled 2 A. A transfer officer gets order from
3 in, right? 3 traffic officer to transport the inmate.
4 A. Right. 4 Q. Oh, I gotcha. OkayOkay. So then underneath that, the 5 transfer officer 
6 recommended type of housing, so we have 6 A. Yes, ma'am.
7 protective custody. segregation, Juvenileright? So you wouldn?t
8 general population, would that get checked, one 8 be signing this?
9 of those? 9 A. No, ma'am.
10 A. Yes, ma?am. 10 Q. The traf?c officer would sign it?
11 Q. Okay. And then under that it's the 11 A. Yes, ma'am.
12 building supervisor's signature of review. 12 Q. Okay. Gotcha. And then housing unit
13 Would that get signed? 13 officer verification, that is the -- let's see.
14 A. Yes, ma'am. 14 it says, "Signature verifies that detainee has
15 Q. All right. And shift commander 15 been received and assigned to appropriate
16 approval, is that supposed to be signed? 16 cell/bed as indicated above," and that's the
17 A. Yes, ma'am. 17 officer?s signature. So if you are the of?cer
18 Q. And traffic office housing assignment, 18 in a block that's receiving the inmate for the
19 to new location, then that section, bed, 19 transfer you would have to sign it there, right?
20 mattress, dietary clear date, would some of 20 A. Yes, ma?am.
21 those get filled out, as well? 21 Q. All right. So is this an accurate
Page 74 Page 78
1 A. Yes, ma'am. 1 depiction of the form that you would use orthat
2 Q. All right. Would all of them be 2 you've seen used?
3 filled out? 3 A. Yes. ma'am.
4 A. Sometimes not dietary plans, but -- 4 Q. Okay. We can set that off to the side
5 Q. Okay. So sometimes the dietary plan 5 now. I might have some more questions about it
6 would get left off? 6 later. but that's all for now.
7 A. Yes. 7 So going back to when you?re doing
8 Q. right. And then authorized, the 8 these rounds and let's say one of those
9 traf?c of?cer?s signature, so that would be -- 9 transfers happens. if a transfer happens would
10 like you said before. when you were working as a 10 you then go through and update your roster or
11 traf?c of?cer that?s where you would have to 11 how do you have -- how do you have a new roster
12 sign it? 12 that's going to reflect that transferred inmate?
13 A. Yes. ma?am. 13 A. I would have to erase -- if the 
14 Okay. 14 that cell's supposed to be empty on my roster.
15 A. Not a traf?c of?cer, a transfer 15 anyway, so I would add that new inmate or
16 of?cer, but -- 16 detainee onto my new roster, just update the
1? Q. I'm sorry, transfer of?cer. 1? information.
13 a. Yes. 18 O. All right. Would you just hand write
19 0. Thank you. Okay. It says traf?c 19 that in?
20 of?cer. So i guess i was so what's the 20 A. Yes, ma'am.
21 difference between a traf?c officer and a 21 Q. All right. And is that the only form,

 

 

 

 

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JACKENS RENE July 03, 2018
WALLACE vs STATE OF MARYLAND 77-80

P399 77 Page 79

1 would you just have one copy of that form when 1 Q. Okay.

2 you're transferring an inmate? 2 A. And on the logbook everything that you

3 A. Yes, ma'am. 3 do, you basically write everything down, all the

4 Q. Okay. So if you're the transferring 4 rounds and activities.

5 officer are you carrying that form from the 5 Q. So if you're doing rounds every 30

6 original location of the inmate to the new 6 minutes are you expected to log that every 30

7 location of the inmate? 7 minutes?

8 A. Yes, ma'am. 8 A. Yes, ma?am.

9 0. Okay. And does the inmate have 9 Q. And what are you looking for when

10 anything with them besides personal belongings? 10 you're doing your rounds?

11 A. No, ma'am. 11 A. Just looking for anything abnormal.

12 O. No? 12 Q. Did you ever see inmates fighting one

13 A. And are you saying paperwork? 13 another?

14 Q. Yes. Yessections?

15 A. No, ma?am. 15 Q. Yes.

16 0. No. Okay. So just his ID badge, his 16 A. I?ve had a few fights, yes.

17 personal belongings go with him? 17 Q. And what do you do in that situation?

18 A. Yes, ma?am. 13 A. i call for backup on the radio and 

19 MS. SUTHERELL: All right. 19 handle the situation, break up the ?ght.

20 Gotcha. All right. Let's take a quick break 20 Q. Okay. And what if they're in the

21 here and we?ll go off the record for a brief 21 cell. ?ghting in the cell? Do you call for
Page 178 Page 80

1 recess and then we?ll come back. 1 backup? Do you go into the cell? How do you

2 (A brief recess was taken.) 2 handle that?

3 0. (By Ms. Mullally) All right. So we 3 A. We still call for backup. And once we

4 are back on the record and lwant to go back and 4 have backup then we open the cells and separate

5 briefly touch upon the duties and 5 them.

6 responsibilities as a correctional officer. So 6 Q. Okay. So every 30 minutes, and you're

7 I know we've already talked quite a bit about 7 supposed to log li every 30 minutes, you're

8 what you did as a transfer officer and 8 doing these rounds. And during this time if the

9 understand the process of releasing the inmates 9 inmates aren?t at an activity they're locked in

10 when they're doing their activities or going to 10 their cell; is that right?

11 feed up. But when that isn't occurring whatare 11 A. Yes, ma'am.

12 you doing as a correctional officer? 12 0. Okay. And the only way that they have

13 A. You still still -- sorry. Still 13 to get out of their cell is through you; is that

14 making rounds on the tier every, supposed to be 14 right?

15 every 30 minutes, and then two random rounds 15 A. ma'am.

16 periodically, 16 Q. Or the correctional of?cer that's

1 Q. And do you keep track of what you're 17 there on post, right?

18 doing? Do you have to report to somebody? What 18 A. Yes, ma'amOkay. And set understand it, it's

20 A. We have a logbook for each tier. 20 from a key, you've got a key on you?

Every section has a logbook. 21 A. Yes, ma'am.

 

 

 

 

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WALLACE vs STATE OF MARYLAND 93-96
Page 93 Page 95

 

 

 

 

 

1 Q. Oh. 1 Q. And there was a fight from other

2 A. Like when they came back from feed up, 2 inmates involving others?

3 another fight in the hallway between 3 A. Yes, ma'am. .

4 Section -- section is close to Section. 80 4 Q. And it?s during that time that Daquan

5 the same -- my inmates from my section were 5 got assaulted upstairs?

6 fighting in the hallway on their way back to my 6 A. Yes, ma'am. From my understanding.

7 section. 30 -- 7 yes.

8 Q. So that fight, was Daquan involved in 8 Q. Okay. And how is that your

9 it? 9 understanding?

10 A. He was not involved In that ?ght that 10 A. Because - because like when -- when

11 happened in the hallway. 11 everybody on the tier came in, like all the

12 Q. Okay. Who was involved in that fight? 12 cells were locked. Like whoever stayed 

13 A. Other inmates from my section. 13 whoever didn't go forfeed up, they looked in.

14 don't remember names or anything. 14 And when everybody came back, so they stayed --

15 Q. Okay. And how did you learn about 15 basically stayed on the tier in front of their

16 that fight? 16 nails or, you know, waiting for us to -- the

17 A. Because I was right there on the tier 17 feed up crew to look them in. So -- and then

18 when it happened. lcalled for assistance and 18 when that fight happened, then maybe another

19 other responding officers separated them and 19 fight happenecl- it happened UpStAirS: because

20 took them to wherever they had to take them. 20 there was a lot of inmates. you know, it

21 Q. And was that when they were on their 21 happened in Wallace was in the middle of 
Page 94 Page 96

.1 way back from feed up? 1 in the middle -- he was housing in the middle of

2 A. On their way back from feed up. 2 the tier. So we couldn't really tell if there

3 Q. Okay. So how did Daquan get 3 was another ?ght happening upstairs because

4 assaulted? Where did that happen? 4 everybody was out. And once we cleared that

5 A. It happened -- because when everybody 5 ?ght we went upstairs to lock everybody in

6 some back from feed up, we had the first group 6 their cells and that's when we discovered Mr.

7 already on the tier waiting to to lock in, so 7 Wallace was assauited. He was assaulted by

8 it happened like during -- all of them were 8 another inmate.

9 upstairs and i don't know what, you know. they 9 Q. Okay. And was he outside of his cell

10 communicated with or, you know, while they were 10 when you found him?

11 fighting upstairs. So we have responding 11 A. No, he was laying on his cell.

12 officers, all their attention was on the fight 12 Q. Okay.

13 in the haliway. I don?t know, it could have 13 A. On his -- I mean. l?m sorry, on his

14 happened during the other group that were 14 bunk.

15 upstairs where Mr. Wallace then probably got 15 Q. All right. On his bunk or on the

16 assaulted upstairs like at the same time period, 16 floor?

17 during that fight that happened upstairs. 17 A. Somebody also found him. So --

18 Q. Okay. So what l?m hearing is that 18 somebody else found him. When I got there they

19 there was kind of a distraction happening down 19 were already transporting him to medical, so l'm

20 in the hallway? 20 not sure if they found him Yes, ma'am. 21 floor.

 

 

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WALLACE vs STATE OF MARYLAND 101-404

Page 101 Page 103

1 A. -- anybody could in, yes, ma'am. 1 A. I'm sorry, yes, ma'am, 1958 hours.

2 0. All right. Do you remember writing a 2 "East bottom, east top and west top had went to

3 report or giving a statement about what 3 dining hall except for Cell Number 03, 47, 48.

4 happened? 4 Feed up started at approximately 1920 hours and

5 A. I wrote a report that night. 5 returned to section at approximately 1945 hours.

6 Q. Yes. Okay. Did you review that 6 i, Of?cer Jackens Rene. went to all unsecured

7 report before you got here today? 7 cells and secured them. Detainee Daquan

8 A. No, ma?am. 8 Wallace, ID Number 2993245. went to dining hall.

9 Q. No? Okay. So I have a copy of it. 9 At approximately 1958 hours, after all detainees

10 (Whereupon, Rene Deposition 10 locked in, medical assistance was called for

11 Exhibit 2 was marked.) 11 detainee Wallace. Detainee Wallace was carried

12 0. Okay. So this is your copy. All 12 to medical by several escort of?cers.

13 right. So let's look at this together. So do 13 Supervisor was noti?ed about the incident."

14 you recognize this document? 14 Ct. Okay. So that was your statement on

15 A. Yes, ma'am. 15 the day of the incidentiust a couple of hours

16 Q. All right. So how do you recognize 16 after the incident allegedly happened. Why

17 it? How do you know what this is? 17 didn't you include on there anything about this

18 A. It has my signature on it. 18 ?ght?

19 Q. All right. And at the top it says an 19 A. The otherofficers. I guess, wrote

20 information Report. It has your signature on 20 about the ?ght. Because they reSponded and

21 the bottom. Is that your handwriting in the 21 everyone who separated the ?ght would have to
Page 102 Page 104

1 middle there -- 1 write about it. So I'm sure they have written a

2 A. Yes, ma'am. 2 report on that ?ght.

3 Q. in the narrative section? 3 Q. Okay. And who were the other

4 A. Yes. ma'am. 4 officers?

5 Q. All right. So go ahead and read it 5 A. I'm not sure.

6 out loud for the record. Let's see what you 6 Q. Did you have another officer working

7 wrote. Let's see. It's dated at the bottom. 7 with you in the --

8 too, right? So there's a date next to your 8 A. (3 Section?

9 signature and that says December 18th of 2014, 9 Section that day?

10 at2150 p.m. Was that the date and time that 10 A. No.

11 you wrote this report? 11 Q. No. Okay.

12 A. Yes, ma'am. 12 A. [was by myself.

13 Q. All rightAll right. So other officers would

14 report let's see what you have to say about it. 14 have written a report about the other fight.

15 So can you read it for the record for us, 15 A. Yes. ma?am.

16 piease? 16 Q. And why didn't you write anything

17 A. Yes, ma'am. "On December 18th, 2014, 17 about seeing thiscrowd gathering in the middle

18 1, Officer Jackens Rene. Badge Number 747, was 18 of that upper tier??

19 assigned to Section at approximately 1758 19 A. At the time of the incident there was

20 hundred hours." 20 so much going on I was probably missed it

21 Q. Does that say 1958? 21 because i was -- my mind wasn't here because of

 

 

 

 

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WALLACE vs STATE OF MARYLAND 105?108
Page 105 Page 10
1 that terrible incident. 1 (Whereupon, Rene Deposition
2 Q. What do you remember seeing when you 2 Exhibit 3 was marked.)
3 saw him in his cell? 3 Q. (By Ms. Sutherell) Okay. So show you
4 A. The officers who were the feed up 4 what?s been marked as Exhibit Number 3 here.
5 of?cers who helped him, who helped carry him to 5 Eyerybody's got a copy. All right. What are we
6 medical, as he was coming out I just saw him. 6 looking at here?
7 He wasn?t responding or anything. I didn't -- A. That's the copy of the logbook.
8 like I said, I didn't see him laying on the 8 Q. All right. So this is what we talked
9 cell, so I don't know if he was on the ground or 9 about earlier, you said you have to log your
10 on his bunk, so -- 10 rounds?
11 Q. So wait a second. You don?t remember 11 A. Yes, ma'am.
12 seeing him -- let me back that up. Did you 12 Q. Okay. And i see where your shift
13 actually see him in his oeIl? 13 starts and it?s halfway down that ?rst page.
14 A. Wee as he was coming out. 14 Officer J. Rene, shift, does that refer to the
15 Q. You only saw him when he was coming 15 three to eleven, is that what shift is?
16 out of his cell? 16 A. Three to eleven, yes, ma'am.
17 A. Yeah, because the feed up of?cers who 17 Q. Okay. And it's dated 12/18/14, so
18 were looking in the inmates, they are the ones 18 December 18th of 2014. And before we get to
19 that physically saw him laying on the ground. 19 everything that you have ?lled In there, right
20 They are the ones that saw him. Oh, 20 above that it looks like there are logs from
21 okay. Got it. So you went around and checked 21 other officers, right?
Page 106 Page 108
1 to make sure that, let's say speci?cally 1 A. Yes, ma'am.
2 Daquan?s cell, and that was was it cell 1011 hours, then one at
3 number 55? Nope, cell number 35. So you 3 1012, then one at 1300, then one at 1220. Now,
4 specifically saw cell number 35 was empty when 4 would this be the only log for the Section or
5 everybody went to feed up? 5 would there be another log somewhere else?
5 A. Everybody was out -- were out except 6 A. That?s the only log. only one book for
7 for the cell numbers that I stated here because 7 all three shifts.
8 they are usually the ones not eating because 8 Q. Okay. So it seems to be missing a lot
9 they have commissary, they don't go out. So 9 of entries, doesnt it?
10 everybody else went out. 10 A. i'm not seeing that.
11 Q. Okay. And you remember that those are 11 Q. Well, yours, let?s take a look down at
12 the cells that normally have oommissary instead 12 yours. So we have a lot of detail in yours.
13 of going out? 13 Looks like you wrote quite a bit for that day.
14 A. They usually eatfrom the cells and 14 1530, 1500, 1605, 1608, 1530, 1700, 1730, 1?32,
15 make their commissary -- i mean, eat food from 15 1735. So let's look back up again. So we're at
15 the commissary, so they don't normally come out. 15 the very top of the page, the first left?hand
17 Q. And who was in those cells? 1? margin note. that?s 1011, then 1012, then we
18 A. I don?t know. I would have to have a 18 jump from 1012 to 1300, then from 1300 we jump
19 roster. i don?t remember any names or 19 to 1220, then we jump to 1300, then we jump to
20 MS. SUTHERELL: All right. Can I 20 1400. So based upon what you've detailed, it
please have this marked as number 3? 21 would appear as though there's a lot that's

 

 

 

 

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July 03, 2018

 

Page 109
missing. Would you agree with me there?

A. Yes, ma?am, that's another shift, so I
don't know. That's not my shift and I can't
comment on that.

Q. Sure. So were they doing it the wrong
way?

A. If that's what they did and that's
what they wrote down and I pretty much wrote
down everything that I did on my post.

Q. Right. And you're trained to write
down everything that you do on your post?

A. Yes, ma'am.

Q. Okay. So if we were to look at your
post leg from, let's say, another shift from a
different section, would it look similar to what
you've written here?

A. Yes. Yes, ma?am.

Q. Okay. For any given day of any of
your shifts?

A. Yes, ma'am.

Q. Is that correct? All right. And if

 

21

109?1 12
Page 1
hours everybody on the west bottom section went
to feed up?
A. Yes, ma'am.

Q. Ail right. At 1920 hours, that's your
next entry, "Section west to P, east bottom and
top to dining hall." Okay. So let's see. Is
that -- so east bottom, east top oh, l'm
sorry, it's section west top.

A. Yes, ma?am.

Q. I said that incorrectly. "Section
west top, east bottom and top to dining hall.?
So that's at 1920 hours. So at that point In
time does that mean that all four sections had
been cleared and gone to the dining hall?

A. Yes, ma'am.

Q. Ail right. And then right below that
at 1934 hours "Security round conducted and all
appear safe and sound," Is that what 

A. Safe and secure.

Q. Safe and secure. thank you. And that
means that you had gone around to each of the

 






21

 

Page 110
other people were following the way that you

were trained and if they were doing what you
were trained to do they would be writing with as
much detail as you; is that correct?
A. Yes, ma'am. Basically every round
that we make we?re supposed to document it.
Every activities we're supposed to document it.
That?s what I did and that's what we were
trained to.
Q. All right. So l'm going to compare
some times here. So it says In Exhibit Number 2
in your narrative that you write for us "Feed up
started at approximately 1920 hours and returned
to section at approximately 1945 hours.? So I
want to look. Let?s see. On Exhibit Number3
at the very bottom of the ?rst page, 1900 hours
you say, "West bottom fed on section. Fed alt
22 detainees," 1900 hours. Does that mean that
they went to feed up?
A. Yes, ma?am.
Q. Okay. Great. All right. So at 1900

 



Page 1 12
cells --

A. Yes, ma?am.

Q. like we talked about before, you
had made sure that the people that were supposed
to be there were there and the people that were
not supposed to be there weren't there?

A. Yes, ma?am.
Q. And let's be specific about Daquan's
cell, cell number 35 was indeed empty?

A. Yes, ma?am.

Q. is that right?

A. Yes, ma?am.

Q. And we can confirm that because 1934
says on your note that It was empty. Now. 1945
you say "Section is" something ?from dining hall
to housing unit"?

A. They en route. That's what it means,
10-76.

Q. 10-76, on route. All right. So at
1945 everyone is en route back to housing from
the dining halt. And at 1948 ?Assistance was

 

 

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121?124

 

Page 121

Page 123
Q. And that was an Investigative Unit

 

1 down also everything that happened, like every 1
2 code, every call. 80 we ~?just to verify the 2 within the facility?
3 time that the code was called with main control, 3 A. Not within the facility.
4 also. 4 Q. Okay. And do you remember what you
5 0. Now, did you call for medical 5 explained to the investigators that you spoke
6 assistance? 6 with on that day?
7 A. i can't recall if I was the one call 1? A. ljust toid them what happened on that
8 it, but there was many officers on that tier as 8 day. I
9 far as the feed up team who were looking the 9 Q. And did you tell them basically what
10 inmates, and i'm not sure if It was me or 10 you have explained to us here?
11 somebody else, but medical assistance was 11 A. Yes, ma'am.
12 immediately called when they found him. 12 Q- Did YOU ever talkto anybody else
13 Q. All right, So the rest of these 13 about the incident, any other correctional
14 entries, do you think you went back and kind of 14 officers?
15 filled it in or were you writing this as it was 15 A. No, ma'am.
16 happening? 16 O. No? What about any of your
17 A. For what time? 17 supervisors?
18 Q. So let?s look at the 1958 and then the 18 A. After that ?ight they knew what
19 2009, then the 2010, within that short time 19 happened. they asked me what happened. and after
20 frame. 20 that I never spoke to anyone.
21 A. Like I said, that book is right there 21 Q. What about M?ior Karen Moore?
Page 122 Page 124
1 in my pocket, so anything I do, ljust pull it 1 A. She was the buiidlng supervisorthat
2 out and just write down. 2 day. ispoketo her about the incident that
3 Q. And that book, you're referring to 3 same day before [was interviewed.
4 that little cheat sheet book? 4 Q. And what did you two talk about?
5 A. The little notepad. 5 A. What happened, the same thing I told
6 Q. Okay. And what do you do with that 6 the investigators.
7 little notepad, where does that go? 7 0. Okay- And What did she say to you?
8 A. just keep it when it?s ?lled up 8 A. She has to take a report so she
9 and, i don't know, put it somewhere and then it 9 basically get what i have to say and write her
10 got lost, maybe, somewhere. 10 report.
11 Q. Do you have to turn it in to anybody? 11 Q. Okay. So she spoke with you and based
12 A, No, ma?am. 12 upon Speaking with you she then wrote a report;
13 Q. No. Okay. You just use that as like 13 Is that correct?
14 a transfer. you take all that information and 14 A. Yes, ma?am.
15 you just transfer it in? 15 MS. SUTH ERELL: Okay. 80 may i
16 A, Yes, ma'am. 16 please have that marked as Number 4?
17 Q. Okay. Do you remember being 17 (Whereupon, Rene Deposition
18 interviewed by anybody in this case? 18 Exhibit 4 was marked.)
19 A. That same night I was interviewed by 19 Q. (By Ms. Suthereli) So i'm going to
20 IU, something called Invest -- Invest -- 20 show you what I've had marked as Exhibit Number

Investigative Unit sorry.

 

21 4. And I want you to turn to page 4. it says

 

 

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125?128

 

Page 125

Page 127

 

21 All right. So your report says that

 

 

1 page 4 of 9 at the top. It's actually the third 1 medical assistance was called at 1958 hours. So
2 page here in this packet. All right. The third 2 this says. "On December 18th, 2014, at
3 paragraph down. And it states that the 3 approximately 2031 hours," so can we agree that
4 detective interviewed Wallace's cell mate, 4 that would be nearly 33 minutes after medical
5 detainee Joseph Beatty. and that his cell mate 5 assistance is called?
6 said that he himself. the cell mate, went to 6 A. It?s possible.
7 feed up, but that at that time Wallace was still Q. Do i have that right? 2031 hours 
8 in bed and Beatty thought that Wallace was 8 hate military time, I'm terrible at it, so 2031
9 sleeping and that he gets back from teed up and 9 hours is about 33 minutes later than 1958 hours;
10 Wallace is still in bed. When he tried to wake 10 is that right?
11 him up he notices that he's unconscious. So 11 A. Yes, ma'am.
12 that differs substantially from what we've heard 12 Okay. So this is saying that Major
13 from you so far, right? 13 Karen Moore contacted the Internal investigative
14 A. Yes, ma'am. 14 Division's duty officer to report the assault.
15 Q. Okay. So why do you think that is? 15 She says that at approximately 1932 hours
16 A. have no idea. But i know for sure 16 detainee Daquan Wallace was found unresponsive
17 he was not in the cell. 17 in his cell. Okay. So now we've got 1932
18 Q. He wasn't in his bed? 18 hours. Would you agree with me that that would
19 A. No. 19 have been when all of the cells were at feed up?
20 Q. He wasn?t sleeping? 20 A. I would have to look at my log.
21 A. He went to feed up. As far as i know, 21 Q. Let's go back to your log. Yeah.
Page 126 Page 128
1 he went to feed up that day. 1 A. Because everything is written. I
2 0. Okay. Is it possible that you could 2 don't remember any dates off the top of my head.
3 be mistaken about that? 3 Q. Sure. Of course. It's been a while.
4 A. No, ma'am. 4 So let's go to Exhibit 3 and let's go to that
5 O. No? Okay. So this report also -- 5 second page. And the very ?rst line says 1920.
6 let's go to page 3 of 9, the page just before 6 And it says, "Section west top, east bottom and
7 that. So you talked to Major Moore, right? How 7 top on route to dining hall." And that's at
8 soon after the incident did you talk to Major 8 1920. And at 1934 you noted that "Security
9 Moore? 9 round was conducted. All appear safe and
10 A. I'm not sure. i can?t recall. But it 10 secure." And during that time frame you?re
11 was that night. 11 saying Daquan Wallace was not in his cell; is
12 0. Okay. 12 that right?
13 A. The same night. 13 A. Yes, ma'am.
14 Q. Was it almost immediately following 14 Q. Okay. So this report is saying that
15 the incident? 15 Major Moore is reporting that at 1932 hours,
16 A. Could have been. I'm not sure. 16 during that time period in which you?re saying
17 0. All right. So let?s look at that 17 he absolutely wasn't there1 that that?s when he
18 first paragraph there under where it says 18 was found. He's found unresponsive in his cell.
19 "Action Taken." 19 All right. And then let?s go down a
20 A. Okay. 20 little bit further and now we're at the third
21 paragraph. Andthat third paragraph says, four

 

 

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WALLACE vs STATE OF MARYLAND 145-148
Page 145 Page 147
1 you're saying is correct? 1 had to release them from their cells. And you
2 A. My logbook is correct because all the 2 would have had to have unlocked Daquan' 3 cell?
3 information I wrote on my notepad is basically 3 A. Yes, ma'am.
4 being copied and pasted on the notepad (sic). 4 Q. Okay. Were you familiar with the
5 That piece of information that I probably forgot 5 involvement of the Black Gorilla Family Gang In
6 to write on the note -- on the logbook and 6 the detention center?
7 didn?t write it on there. But everything I've 7 A. I've overheard there's a lot of gang
8 written on my notepad, as you can see, i wrote 8 af?liated. but i don't know who's who.
9 everything that happened and the time it 9 Q. And what did you overhear?
10 happened. And i do that for every post that I 10 A. There?s a lot of Black Gorilla Family
11 work. 11 In the jail that was working at.
12 Q. So that reaily important piece of 12 Q. Were you ever briefed on any
13 information about the fact that there were three 13 information about the Black Gorilla Family Gang?
14 cells that still had inmates in them when 14 A. No.
15 everybody also went to feed up, that really 15 Q. No. No one ever had a discussion with
16 vital piece of Information, that just didn't 16 you about any of the criminal activity that was
17 make it onto your logbook1 but everything else 17 taking place Inside the detention center?
18 is 100 percent accurate and 100 percent correct? 18 A. No.
19 A. Everything i wrote is correct. 19 Q. Did you ever read news reports about
20 Q. Okay. So let's talk. about a 20 it?
21 hypothetical. Let?s say that Daquan didn't go 21 A. I've read I've seen some on the
Page 146 Page 148
1 to feed up. Let's say that he was still in his 1 news about Black Gorilla Family within the jail.
2 cell. How would these inmates from cells 3, '47 2 Q. Okay. And was that before or after
3 and 48, if they wanted to, if they wanted to get 3 you were working there?
4 to Daquan. how would they have gotten to him? 4 A. After. because I never knew anything
5 MS. MULLALLY: Objection. You're 5 about Baltimore before I started correction.
6 asking him a hypothetical question and he's not 6 Q. All right. So while you were working
7 an expert. 7 there what did you know about the involvement of
8 MS. SUTHERELL: You can answer. 8 the gang within the facility?
9 A. i don't know. 9 A. I just heard on -- about the big
10 Q. (By Ms. Muilaily) Well, they don't to indictment that happened that same year1 earlier
11 have keys, do they? 11 that same year, and i researched some things
12 A. Well, the only way they would come out 12 about it. That's the only way i knew. But I
13 if i let them out. 13 never really talked to anybody about it.
14 Q. So you would have had to have released 14 Q. What did you research about it?
15 them from their celis? 15 A. Just type ltup, the incident that
16 A. To leave out the cells, yes. 16 happened in the facility, and basically it tells
17 MS. MULLALLY: Can i have a 17 you everything that happened during that
18 continuing objection to any hypothetical -- 18 indictment.
19 MS. Of course. 19 Q. And did you ever talk to other
20 MS. MU questions? 20 correctional of?cers about it?
21 Ms. Sutherell) So you would have 21 A. No.
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WALLACE vs STATE OF MARYLAND 149?152

Page 149 Page 151

1 Q. Did you ever suspect other 1 she was an FTO. FTO is a training officer. So

2 correctional of?cers of being involved with the 2 trained with different FTOs.

3 gang? 3 Q. So she was actually a training

4 A. No. 4 officer --

5 Q. Nota single one? 5 A. Yes, ma'arnand trained you? Okay, Now. what

7 Q. You didn't have any suspicions about 7 would you say about a report from someone saying

8 any of your co-workers? 8 that a correctional officer allowed the assault

9 A. No. 9 to occur?

10 Q. What about non-correctional officers, 10 MS. MULLALLY: Objection. Again

11 but more administrative personnel? 11 you?re asking a hypothetical question and I

12 A. No. 12 would like a continuing objection to any

13 Q. No? Did you ever learn about any of 13 hypotheticats. You may answer.

14 them being involved with the gang? 14 A. I would be surprised. i would not

15 A. No. 15 think anyone would do such things. i don't

16 Q. And you never talked to them about the to know.

17 possibility of someone else being involved with 17 Q. (By Ms. Sutherell) Even after you

18 the gang? 18 learned about the officers' involvement with the

19 A. No. 19 gang from the federal indictments?

20 Q. Did you ever talk to any of the 20 A. Well, I mean. anything is possible,

21 Inmates about the gangknowledge. I don't know any --
Page 150 Page 152

1 A. No. 1 anybody who were involved orany of?cer or

2 Q. Would you be surprised that an inmate 2 of?cers who were involved in the gang, members

3 alleges that Officer or Sheraton, as it 3 or anything like that, who would allow that to

4 was misstated or mispronounced, was somehow 4 happen.

5 af?liated with the gang? 5 Q. Did you ever hear about people being

6 A. I knew nothing about that. Nothing. 6 threatened by the gang?

7 Q. Did you work closely with Of?cer 7 A. No.

8 Shird? 8 Q. So going back to the layout of 

9 A. No. 9 Section, kind of lighten the mood a little bit

10 Q. Did you only see her in passing? to more. That was the hard stuff, right?

11 A. l'm sorry? 11 So the Section we have these four

12 Q. Did you only see her in passing? 12 different tiers and inmates go directly from

13 A. Yes, ma'am. 13 their cell to it sounds like there's somewhat

14 Q. In the changing of shifts? 14 of like an open area before like a doorway that

15 A. Yes, ma'am. 15 goes to the recreation room; is that correct?

16 Q. Did you ever have trainings with her? 16 A. Yes. ma?am.

17 A. i believe one time, yeah. 17 Q. And a doorway that goes to the hallway

18 Q. Okay. And what kind of training was 18 that leads to feed up: is that right?

19 that? 19 A. Yes. ma'am.

20 A. When I was training when I first got 20 Q. Okay. And there are garbage cans

21 to thejall. They assigned us to -- i believe 21 located within Section; is that also correct?

 

 

 

 

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JACKENS RENE July 03, 2018
WALLACE vs STATE OF MARYLAND 1 69?1 72
Page 169 Page 171
1 A. Yes, ma'am. 1 the day of the incident, the feed up team, the
2 Q. All right. Do you remember the 2 group of of?cers that are in the front and in
3 tradeoff between Sergeant Scipio and yourself 3 the back, approximately how many of?cers does
4 with Daquan Wallace on that day? 4 that include?
5 A. i didn't remember until now i read the 5 A. It differs every day, depends on the
6 report that he was the transporting of?cer, but 6 day. I would say approximately fivehead I don't remember anything 7 sometimes that runs it.
8 of that transaction. 8 Q. Five in the front, five in the back,
9 Q. Okay. Now, we're going to go back to 9 or five, six total?
10 a hypothetical, so I understand your counsel 10 A. About five, six total sometimes. It
11 has -- 11 could be more. Like i say, it depends on the
12 MS. MULLALLY: An objection. 12 day.
13 Q. (By Ms. Suthereil) ?a a standing 13 Q. Okay. So on the day of the incident
14 objection, but let?s say that Daquan was in his 14 when the Inmates were up on that top tier and
15 cell at 1932 hours, right, like some of those 15 you said they had kind of gathered around in a
16 reports say. Let's say he was unresoonsive in 16 group up there towards the center of the tier --
17 his cell. You would have been able to see him, 17 A. Yes, ma'am.
18 right? 18 Q. were there any of?cers up there
19 A. Yes, ma'am. 19 with them?
20 Q. Right. And we talked before about how 20 A. No, ma'am.
21 there's nowhere to hide. so he would have been 21 O. No. They were all down dealing with
Page 170 Page 172
1 right there in broad daylight in front of you in 1 the disturbance that was going on?
2 his call, right? 2 A. Dealing with the fight, yes, ma'am.
3 A. Yes, ma?am. 3 Q. And was that unusual, for all officers
4 Q. Okay. And you would have been able to 4 to go. to one location and leave everyone
5 tell that he was lying there on his bunk, right? 5 unattended?
6 A. Yes, ma?am. 6 A. Well, i was -- was on the section.
7 Q. Okay. And i asked you before, well, 7 i didn't go to that fight because I had people
8 how do you know if someone's sleeping or, you 8 walking out -- walking around everywhere and
9 know. how do you know that they're actually 9 just trying to go back into their cells, so when
10 okay, and you said you can tell if they're 10 the other officers responded to that fight I
11 breathing or if they are -- so you would have 11 stayed on the section just to make sure, you
12 been able to see whether or not he was in poor 12 know. no other fights were going on.
13 medical condition from your vantage point 13 Q. Okay. And what did you hear while you
14 outside of his cell;yisn't that right? 14 were staying in the section to make sure no
15 A. Yes, ma'am. 15 other fights were going on?
16 MS. SUTHERELL: Okay. I?m just 16 A. it was so loud, like you have a whole
17 going to take a couple of minutes to go through 1? bunch of inmates out, I couldn?t hear. A whole
18 my notes. Let?s take a quick break. 18 bunch of noises, just talking.
19 (A brief recess was taken.) 19 Q. Did you hear anybody yelling?
20 Q. (By Ms. Sutherell) All right. Just a 20 A. No, ma'am.
few quick follow-up questions So going back to 21 Q. Did you hear any blunt force sounds,

 

 

 

 

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 IID
Duty Of?cer Check Sheet Page 1 of 
Institution: BCDC

 

 

 

 

 

 

 

 

Date: 12/18/14 Time: 2031 hours 
Called (full name): Major Karen MOORE Phone: 410 209 4309 
.Incident Date: l2/18/l 4 Time: 193211011129 
Narrative:

 

 

On 12/18/14, at 2031 hours, Major Karen Moore reported that inmate Wallace had been found
unresoonSIVe in his cell with severe head injuries} According to oelimate Beatty he went to chow and
upon return ing found inmate Wallace unresponsive and notified Sergeant George Almiroudis. inmate
Wallace was transported 911 to John Hopkins Hospital, Critical Care. The inmate?s cell has been sealed
and the oellmate separated from other inmate population. Lieutenant Morrow and Detective Bonvegna

were both notified.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Related Report Number (SIR, UOF, 14-397
SUSPECT: (full name): Unknown Inmate I DEmponee
El Visitor Other
Sex: MALE Female DOB: El AA DO Bin/Wt;
Inmate DOC I Shift:
VICTIM: (full name): Inmate Daquan WALLACE Inmate DEmployee
Visitor Other
Sex: MALE Female DOB: Size/1994 .AA El 0 Heme.- 5'10", 1'50
Donate DOC 2993245 Shift: . 
WITNESS: (full name): Inmate Joseph BEATTY [Innate [:lEmployee
[j Visitor Other
Sex: Male [3 Female DOB: 
Inmate DOC ii: 4152018 Shift: 
WITNESS (full name): Sergeant George ALMIROUDIS El Inmate . Employee
Visitor Other
Sex: Male Female DOB: 7/19f1973 BAA Ilia/Wt: Unknown
Inmate Shin: 1500f2300
Region: Central South: North:

14-35 [?ll 5 (p (a Code: 4 Code Description: Aisnult
I of] A Cl corset] LEOBR i] PREA 

 

 

 
   

DNA EVIDENCE QUALIFYING CASE: YES NO UNKNOWN
Aseigned Detective: . Detective D. Bonvegn mil/q WCCIUD
Duty Officer?s Name: D/Sergeant R. Pagan\? Date: 12/18/14

 

tabbi'es?

 

Revised: October 6, 2014'

  

EXHIBIT

2

 

Planet Depoe?

We Make it Happen?

 

Transcript of Karen Moore

Date: December 5, 2018
Case: Wallace, et al. State of Maryland, at al.

Planet Depos
Phone: 888.433.3776?

Email:: 



     

EXHIBIT



   

WORLDWIDE COURT REPORTING INTERPRETATION I SERVIC

 
 

I tabbl'es'

 

Transcript of Karen Moore

5 (17 to 20)

Conducted on December 5, 2018

 

1?
But you had to basically catch the
erson in the act and have something of proof
efore you could do anything with them.
Q. Okay. But the allegations you became
aware of from inmates as early as 2011?
A. Yes, sir.
Q. And those were allegations that there
were guards at BCDC who were doing the bidding of
9 gang members. Is that right?
10 A. I don?t understand what you mean doing
11 the bidding.
12 Q. Well, doing things that gang members
13 would ask them to do?
14 A. Yes, sir.
15 Q. All right. When you ?rst became aware
16 of that, how did you become aware of it? You
17 mentioned inmates talking about it. Was it
18 inmates who said it to you?
19 A. Not every incident. Each incident is
20 different Ifit was something I observed, I
21 would put disciplinary action. The warden would
22 follow up. We would do our best the person out there that way.
MR. HANSEL: Okay.

A. Sometimes we weren?t able to catch the
person in the act because you didn't know who was
actually involved, who was looking out, who was
doing what. I

The easiest way for person was basically most of the staff would come
9 in late or didn't show up for work. So that was
10 one of our ways of weaning those people out.

11 Q. Okay. So if you suspected somebody that
12 was a corrections of?cer who was working with

13 gangs on the inside, one of the best ways to get

14 rid of them was to ?re them for being late and

15 that kind of thing. Is that what you are telling

16 me?

17 A. Yes, sir. Follow progressive

18 disciplinary measures. And sometimes we would
19 move them to different facilities if we had an
20 inkling. Or if it wasn?t much we could do, we
21 would move them from out of the situation and
22 send them to a nearby facilityAnd what kind of -- I understand that if

you observed it directly, that you acted?
A. Yes.
Q. I'm interested ?rst in the other
situations where it sounds like were you trying
to make a difference by using all the tools at
your disposal. And sometimes you had you
called it an inkling.
But sometimes you had an inkling or idea
10 or a thought that a guard was working with gangs
11 at BCDC. How did you get those inklings or
12 thoughts or ideas? I'm not talking about things
13 that you observed personally, but the ones that
14 are in that other category.
15 How did the information come to you?
16 How did your suspicions get triggered?
17 A. Sometimes I might get a group of
18 of?cers together to search areas of the facility
19 on the tiers. And sometimes if we ?nd cell
20 phones or move different items that was
21 considered contraband, the offenders would say so
22 and so brought it and she right here.



20
So that was -- that was his word against
hers. But that was one of the ways that they
would just come out and tell, or they would come
to the office and ask to speak with me and tell
me something like that, or ask to speak to an
investigator.

Q. And when it was just the inmate's word
against the guards -- I'm sorry -- against the
corrections of?cer, your understanding was there
10 really wasn?t anything you could do. Is that
11 right?

12 A. It was certain things I did like, I
313 would put them on a post that had no inmate
.14 contact.

15 Q. Okay. But interms ofdiscipline, I
216 understand you could potentially reassign the
517 corrections of?cer?

118 A. Yes.

519 Q. But in tenns of discipline, ifit was

r20 the inmate's word against the corrections

21 of?cer, you thought your hands were tied. Is
22 that rightPLANET DEPOS

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Transcript of Karen Moore 6 (21 to 24)
Conducted on December 5, 2018
21 23

A. Yes. I could only take it to the
warden. The discipline wouldn't come directly
from me. I could write it up. It was their
decision whether to follow up on it or to take
action.

Q. All right. Did the warden ever make any
communications with you about whether or not
anything could be done when it's just the
inmate's word against the corrections officer?

10 Did the warden really say one way or the other:

11 There is really nothing we could do?

12 A. Never. He always reacted. Whatever the
13 offender said, he always put in an investigation,
14 sometimes coming from out the facility to a
15 regional area.

16 Q. But it was your experience that when it
17 was the inmate's word versus the corrections

18 of?cer, with no other evidence, that no

19 disciplinary'action ever happened. Is that

20 rightoffenders of?cers were
22 indicted on some of the offenders who gave



1 information, because that was how if the
2 investigation -- investigator came in and they
3 reviewed cameras or footage, or whatever tools
4 they used, that was how they were able to ?re or
5 discipline the of?cer.
6 Q. Was the camera coverage pretty good at

7 the facility?

8 A. When they ?rst started, it was a work
9 in progress. Because at ?rst, I was doing day
10 shiftthings on day shift.
11 But in the evening sometimes, because of the
12 lighting, it wasn't as clear as it would be on
13 the day shift.

14 Q. Okay. My understanding is sometime in
15 2013, there was some work done. I think I have
16 seen a contract, it was a pretty big contract,

17 maybe a quarter million dollars roughly, I'm

18 giving you a rough number, where the work was
19 done.

20 After that, was there good camera

21 coverage of the whole facility?

22 A. Yes, the hallways and down the tiers.

 

Q. Were there any tiers -- let's say after
the 2013 contract. So let's talk about 2014.
For instance, were there any tiers or hallways
without cameras going down them?

A. I can't really give you a de?nite
answer. Because it didn't just start and stop.
It was a progress. They were making -- the
building was. Old there was a lot of wiring and
things they had I can't give you a de?nite
10 answer, because I can't remember back that far.
11 If there were some, I wasn't aware of
12 them.
13 Q. In other words, if there were areas that
14 didn't have camera coverage, you weren?t aware of
15 it?
16 A. Yes. Because when they ?rst initially
17 put it up, supervisors only had certain areas
18 that they could review. Investigators had --
19 they had more authority over the cameras.
20 Q. Okay. All right. And I take it there
21 was a time when you worked the section. Is
22 that right?



A. I never worked a section, sir.
Q. What sections were you responsible for?
A. I wasn't a correction signal of?cer. I
was always a supervisor when I was at Baltimore
City Detention Center.
Q. Maybe l'm misusing the terminology. Did
7 you ever supervise section or have anything to
8 do with section?
9 A. I was a shift commander -
10 MR. HANSEL: Okay.
11 A. -- over the building.
12 Q. So you were a shift commander over the
113 whole building. That included section. Is
14 that right?
.15 A. And also three different buildings, the
16 Women's Detention Center, the Jail Industry
_:17 Building and Baltimore City Detention Center, as
i18 well as the annex building where the juveniles
i19 were held.
?20 Q. And when you got there in 2011, and you
121 ?rst learned of of?cers who cooperated with the
322 gangs, was the primary gang that was working with



 

 

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Transcript of Karen Moore 7 (25 to 23)
Conducted on December 5, 2018
25 27

the of?cers a gang called the BGF or Black
Gorilla Family?

A. I started there in 2010 and it wasn't
relevant, because they had more than just one
gang at Baltimore City Detention Center. But it
was more BGF. So I would say they were mainly --
they were more BGF than it was other gangs that
were in the facility.

9 Q. Did any inmates ever in that time

10 period, 2011, maybe 2012, did any inmates ever
11 allege, to your knowledge, that corrections

12 of?cers allowed assaults to occur in those ?rst
13 couple of years that you were there?

14 You came on in 2010. You started to
15 learn about these problems in 2011. Say 2011,
16 2012, did your start to hear through your

17 obligations that of?cers were allowing assaults
18 to occur?

19 A. Yes.

20 Q. How many of those types of allegations
21 did you hear?

22 A. I can?t give you a number. The only

wqa?m-?-QNH

1 allegations again?
2 A. Not as frequent as it was when I first
arrived there.

Q. So Itake it you were working on helping
solve the problem. Is that right?

A. That was yes, but it was bigger than
me. It's just that I wasn't used to working in
that type of atmosphere with the staff and I just
came and did my job.

10 So whatever I could if I could make

11 it dif?cult for those people that were trying to
12 come in and do things that was unethical, then
13 that is what I did.

14 Q. All right. But the type of situations

15 where of?cers would allow inmates to assault

16 each other, there were -- I guess your

17 description is there were a lot of those in 2011

18 and 2012 and fewer in 2013 and 2014. Is that

19 fair?

20 A. Yes. It started when they started

21 seeing discipline was done and people were

22 removed from their jobs for -- sometimes I'm

secede-imam

 

26
thing before the cameras were placed in, the
only thing we could do was do an investigation.
If we had other offenders who collaborated on the
of?cer leaving the door open.

Whether you are doing an investigation
or you do an incident report, the offender is
assaulted or injured, We do an incident report.
It reports that something took place on the tier
9 or the section or wherever it may have been. And
10 the investigator comes in and do es the
11 investigation.
12 Once the investigator comes in, I
13 wouldn't have any knowledge of what took place
14 after that, when they begin the investigation.
15 They will take disciplinary action, and sometimes
16 the officer will be removed maybe for evidence
17 that they had.
18 Q. And did those types of allegations -- we
19 talked about the 2011/2012 period. Did those
20 types of allegations that of?cers allowed
21 assaults to occur continue after that, say 2013,
22 2014? Did you hear those same types of

mucous-numb:

28
not going to say for making a mistake, but not
following rules as per policy.

So once they saw a difference in the
changing of the staff and the supervision, a lot
of that slowed down from what it was when I ?rst
started there.

Q. And the -- now, when you ?rst came on
board, you moved from Central Booking in October
of 2010 to BCDC. Were you a shift commander
10 immediately, or what was your role initially?

11 A. A shift commander.

12 Q. Okay. And as I understand i --

13 A. It was actually a duty captain. I just
14 sat in the of?ce and completed paperwork 
15 MR. HANSEL: Okay.

16 A. - of incidents.

17 Q. All right. Is duty captain diiferent

18 from shift 

19 A. Yes.

20 Q. When did you become a shift commander?
21 A. In 2016 '14.

22 Q. Allright. Just so you know, we are

woodmm-I?a-DJNH

 

 

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Transcript of Karen Moore a (33 to as)
Conducted on December 5, 2018
33 35

 

allegations were there ever allegations, when
you were in that role, that of?cers would allow
inmates to assault each other, open a door or do
something like that to allow them to assault each
other?

A. If -- yes. It wasn't necessarily. It
always had to be that they were helping out. But
if they did something that didn?t ful?ll their
job duties, they got disciplined for it.
10 So sometimes they may have opened up all
11 the cell doors on a whole section. That's not --
12 that's inappropriate. Someone could get injured.
13 Then they would be disciplined for their actions.
14 Q. And sometimes the allegation was that
15 they were cooperating directly with gang members.
16 Is that right?
17 A. Yes, sir.
18 Q. In those circumstances?
19 A. Yes, sir.
20 Q. All right. How widespread was that kind.
21 of problem at the institution? I mean, we have
22 all read the newspaper and all that kind of



institution and either talk to the media or

2 politicians. Is that right?

3 A. Well, that is with any even where I
4 am in Virginia, you have a boundary. That is why
5 they have a public information of?cer.

6 Q. Okay. Let's focus though on Maryland.

7 When you were an of?cer in Maryland, you were
8 trained and told by the state that you are not

9 permitted to bring problems like this up to the

10 media or to politicians or to anybody other than
11 through your chain of conunand. Is that right?
12 A. Yes.

13 Q. All right. I'm guessing, but I want to

14 ask yo u, you probably were reasonably concerned
15 that if you did something like that, you could

16 lose your job. Is that right?

17 A. Yes, sir.

18 Q. Okay. All right. Is that what you were

19 told in your training by the state?

20 A. Yes, sir.

21 Q. All right. During your time, you are

22 certame aware of situations where inmates were

 

34
1 thing. But during, let's say, the time period
2 from 2011 to 2014, how widespread was that? Was
3 the problem pretty bad?
4 A. Yes.
5 Q. All right. Did you ever consider going
6 beyond the institution to let the newspaper know
7 or government, you know, politicians, senators,
8 congress people, legislators in Annapolis, the
9 governor?
10 Did you ever cons ider elevating any
11 complaints beyond the institution about what was
12 going on given the problem?
13 A. Exactly what do you mean by going
14 outside of the --
15 Q. Calling the media or calling a
16 politician 01? something like that.
17 A. We can't speak when you are in
18 uniform, you are unable to speak to the media
19 about things. We have a public information

36
harmed as a result of guards cooperating with
gang members. Is that right?

A. Yes, sir.

Q. And what about did any inmates lose
their life as a result of guards cooperating with
inmates?

A. I can't remember someone losing their
life directly for an incident while I was at
BCDC, no.

10 Q. Okay. Given how widespread the problem I
11 was, do you feel that enough was being done to

12 clean it up fast enough for the safety of the

13 guards and the inmates or the of?cers and the

14 hnnates?

15 A. When you are in that situation, it's

16 never done fast enough. If it was done next

17 week, it still wouldn?t have been fast enough.

18 But when you are in that environment, you have to
19 work with what you have.

NDOOQONM-AQJNH

 

 

 

20 of?cer for that. 20 And as a correctional of?cer, it'sour
21 Q. So I take it the state made it clear to 21 job to protect the staff and the offenders.
22 you that you weren't allowed to go outside of the 22 So 

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Transcript of Karen Moore

10 (37 to 40)

Conducted on December 5, 2018

 

37
1 Q. And in this situation, it sounds like
2 even after years of effort, it wasn?t ?xed. Is
3 that right? In other words, you started and saw
4 the problem. You saw the problem as early as
5 2011. And the place still had problems as it was
6 being shut down in 2016, right?
7 A. Yes, sir.
8 Q. Allright. Itake it I thinkyou
9 described to me that when you saw problems or
10 concerns, you would always report them up the
11 chain of command. Is that right?
12 A. Yes. Document it. Yes, sir.
13 Q. All right. And how many reports like
14 that do you think you made? Tens? Dozens?
15 Hundreds? A thousand? Over the course of, let?s
16 say, from 2010 to the end of 2014, in that time
17 period. I
18 A. Sometimes I could have 10 or 12
19 incidents in a dayday?
21 A. Yes, sir.
22 Q. And that went on like that for from

38
1 October of 2010 probably all the way through the
2 end of 2014 and maybe beyond. But my incident
3 that I'm here to talk about is in 2014. That's
4 why I?m asking about that period. Is that right?
5 A. Yes.
6 Q. As I understand your description, once

7 you made the report up the chain of command,

8 there was another -- we are going to talk about

9 this in a little bit more detail -- but there was

10 another group that investigated.

11 So that in your role, when these

12 problems came to your attention, was to report

13 them up the chain of command, and then your role
14 kind of ended and somebody else in took over to
15 investigate it. Ami right about that?

16 A. Yes, sir.

17 Q. Did you were there problems with gang
18 in?ltration of the people who were doing the

19 investigation?

20 A. I'm not sure, sir.

21 Q. In other words, I guess what I?m trying

22 to ask is did you believe that the investigations

39
were going to did you believe that the

investigations were effective? In other words,
it sounds like to me you are making a lot of
reports.
Were you seeing a lot of action, a lot

of discipline meted out as a result of your
reports or not, or did your reports seem to go
nowhere?

A. We had two investigators. One is
10 internal and one was external. Sometimes once
11 intel has they are doing their investigation,
12 I wouldn't know anything about it. So I couldn't
13 really tell you how the reports that 1 generated
14 assisted them in any way.
15 Because the only time they would come
16 back to ask questions is if it was something that
17 they weren't sure of as to how operations works.
18 Q. Inthe period, let?s say, in 2011 when
19 you ?rst started learning about guards being
20 involved with the gang and helping gang members
21 achieve unlawful end in the prison, in the
22 detention center, through 2014, when you would



40

1 report problems or allegations against guards,
2 what percent of the time were the guards
3 disciplined or terminated?
4 In other words, did most of the guards
5 that you reported issues about get fired or not?

6 A. They were terminated, but not for their
7 allegations.

8 MR. HANSEL: Okay.
9 A. They were terminated for other actions,
10 maybe their tardiness, not completing their job
11 duties as described. Something may have taken
12 place from their actions not being done. A lot
13 of them weren't directly ?red because of their
E14 actions with the gang.

15 Q. So instead, what they were actually

16 terminated for in many cases was something that

17 on paper sounded much less serious?

118 A. Yes, sir.

19 Q. I will give you an example. Somebody

20 who maybe Opened an door to intentionally allow
21 prisoners to ?ght might later be terminated for
j22 forgetting to ?ll out some paperwork. Is that

 

 

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Transcript of Karen Moore

12 (45 to 4B)

Conducted on December 5, 2018

 

45
1 Do you happen to recognize Mr. Wallace
2 based on this photograph?
3 A. Yes.
4 Q. Allright. What do you remember about
5 him, if anything, other than just recognizing
6 him?
?7 A. I can vaguely remember I responded to
8 the section because the of?cer he was they
9 had an offender that was unresponsive. When I
10 went there he was breathing but he was not alert
11 where I didn't know what took place. I didn't
12 see any blood.
13 I thought maybe he was stabbed but he
14 didn?t have any blood on him or anything at the
15 time. He was laying in the bed.
16 MR. HANSEL: Okay.
17 A. I responded with a couple of?cers. I
18 can?t remember exactly who. I know we got him
19 out of the bed because of the emergency to take
20 him -- to meet medical, if we had to, to get him,
21 because he was on the top tier.
22 Q. And some of the documents I have -- wasn't responsive. He wasn't moving.
3 He didn?t do anything.
4 Q. In other words, he couldn?t stand up on
5 his own?
6 A. No.
7 Q. All rightrecall, how did it come to your attention? Did a
9 radio call come in? Somebody shout out? How did
10 you know to go up there?
11 A. A radio it was through the radio.
12 Q. And do you recall who radioed you?
13 A. No, sir.
14 Q. All right. Who was there when you got
15 there? Were there officers there, if you recall?
16 A. It was of?cers that responded with me.
17 MR. HANSBL: Okay.
18 A. And a tier of?cer, but I don?t I
19 can't remember exactly who was there.
20 MR. HANSEL: That?s okay.
21 A. The only thing that I can remember is
22 going and seeing him and bringing him to medical.

 

46
can look at them in a minute talk about once
he was moved, there was some head trauma. 1
think they say to the right side, but to one side
of his head.
Do you recall that one way or the other?

A. No, not when I responded. When I
responded, because we went up on the tiers, went
in the cell, he was on the top tier on the top
bunk in his bed.

10 Q. All right. Do you -- do you remember,

11 was he handcuffed when you got there for any
12 reason? Do you remember?

13 A. No. I don't think so.

14 Q. You got him up. You said he was

15 breathing. When you. say he was not responsive,
16 though, what do you mean by that? You were
17 asking questions. He couldn't 

18 A. Iwas tapping him. He wouldn't -- he
19 didn?t move at all. He wasn't moving at all.
20 Q. All right. When you. tried to get him

21 up, could he stand under his own power or was he
22 limp or somewhere in between? Describe it for





 

48

And prior to him leaving out, he had a family
member or somebody who lmew who he was. Because
when you respond to an emergency .. I di dn?t know
his name.

I just responded medical and talk to him. And whoever the
family member was, it was a young man, he just
shed a tear. So I was able -- you know, a tear



just came down when the young man was talking to
10 him.

1 1 Q. And did that happen -- when you say a

12 tear came down, Mr. Wallace had a tear coming
13 donor?

14 A. Yes.

15 Q. Okay. And that was at the facility or

16 the ho spiral?

17 A. The facility. I didn't -- once he went

18 out on the hospital run, I didn't have any more
19 contact with him.

20 Q. And the person that you were assuming

2 1 was a family member was a fellow inmate?

22 A. Yeah. He was an offender, yes.

 

 

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Transcript of Karen Moore

Conducted on December 5, 2018

some offender who had some kind of
apparently caring relationship, whatever it was,
with Mr. Wallace came down to medical or was up
on the tier?

A. He may have been going to dinner, to
chow, when he was going out. And I stopped him.
But he was going out to the hospital at the time
when the young man saw him on the stretcher.

Q. What did the young man say who saw him

10 on the stretcher, if you recall?

11 A. He called him by his name.
12
13 A. Because I was trying to get information
14 to see what had happened to him 

15
16 A. what took place or where. I talked

17 to the young man. He was unaware. He just said
18h was a cousin. That was it. That is the only
19thng I can remember, because he shed a tear as
20 he was going out.

21
22 the young man was saying to him.

MR. HANSEL: Okay.

MR. HANSEL: Sure.

So I knew that he could understand what

Q. I don?t know either. I'm not saying he
was not an actual cousin. Ihappen to know lots
of folks, you know, call each other --

A. Yeah. A lot of them do the same way.
But 

Q. So it was somebody who seemed to care
for him, but you can't say whether they were
actually related or not. Is that correct?

A. Yes. Yes, sir.

10 Q. All right. It was a male inmate about

11 similar age. is that correct 

12 A. Yes, sir.

13 Q. from what you recall? Was he also

14 African American, the inmate? I?m assuming so.
15 A. Yes. Yes.

16 MR. HANSEL: All right. Let?s mark the
17 next one.

18 (Whereupon, Moore Deposition Exln'b it 2
19 was marked for identi?cation and attached to the
20 transcript.)

21 Q. Of?cer Moore, I will show you what is
22 marked as Exhibit 2. And 1 don?t see any of your



51

 



9

 

so

Q. All right. Was that the only sign of 

A. Yes.

Q. of response from Mr. Wallace of any
kind?

A. Yes, sir.

Q. He wasn't able to tell you anything or
verb alize anything?

A. c.

Q. Okay. Do you know where I grew up,

10 lots of folks might call each other either cousin
11 or brother or use some familial term that aren't
12 necessarily related.

13
14 had some kind of care ibr Mr. Wallace there was
15 an actual, you know, cousin by blood or marriage,
16 or whether they were just referring to each other
17 that way bee ause they maybe had a close

18 ii?iendship?

19
20 A. I don't know. The only thing I could do
21 was give the information I had to the

22 investigator.

Do you know whether the young man who

Do you know one way or the other?

1 handwriting on this document. Do you? Is any of
2 that writing yours? Idon't think it is. I'm
3 just asking.

4 A. No, sir.
5 Q. All right. And do you recognize this

6 type of transfer form?

7 A. Yes, sir.

8 Q. Okay. Allright. And so asI

9 understand this form, and correct me if I am

10 wrong, it is requesting a transfer from section
11 to section. of Daquan Wallace. Is that right?
12 There is other information, but is that much

13 correct?

14 A. Yes, sir.

15 Q. Allright. The date is 12/18/14. Do

16 you see that?

17 A. Yes, sir.

18 Q. All right. The request was made by

19 Sergeant Portee. Do you see that?

20 A. Yes, sir.

21 Q. And there is a line that says shift

22 commander approval, and then it says form void

 

52

 

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Conducted on December 5, 2018
53 55
1 unless signed by shift commander or operation 1 assistant warden, but it was the building oh,
2 captain where applicable. Do you see that? 2 it?s a director, but someone should have signed
3 A. Yes, sir. 3 on this.
4 Q. And it's not signed. Do you see that? 4 Q. Okay. Got it. Where it says shift
5 A. Yes, sir. 5 commander approval and then it says void unless
6 Q. Somebody I deposed earlier who was 6 it's signed by either the shift commander or
7 working at BCDC at the time told me that if it's 7 somebody named operations captain, somebody would
8 not signed, it's void and the transfer should not 8 have had to sign that?
9 have happened. 9 A. Yes, sir.
10 Do you agree with that? 10 Q. Nobody did. So the transfer should not
11 A. Yes, sir. 11 have taken place. Is that right?
12 Q. Okay. All right. And so that the 12 A. Without the knowledge. But Traf?c
13 transferring of?cer never should have moved 13 shouldn't have given a bed location if the
14 Mr. Wallace from the .1 section and the receiving 14 captain didn't know about it.
15 officer never should have received him in 15 Q. Right. So now let?s get to that. When
16 section. 16 you are in your training for doing your job as a
17 Do you agree with that? 17 corrections officer, you are obviously taught
18 A. No, sir. 18 about the importance of paperwork and
19 Q. In other words -- go ahead. Go ahead. 19 documentation, right? That is pretty obvious.
20 A. I just want to explain to you exactly. 20 A. Yes.
21 MR. HANSEL: Sure. Go ahead. 21 Q. Okay. One of the things that is
22 A. When they ?ll this form out, this goes 22 important is that people's signatures be clear.
54 56
1 to the traf?c of?cer. The traf?c of?cer 1 So, for instance, Sergeant Portee up here writes
2 gives the bed location, the new bed location. 2 Sergeant Portee, and it?s pretty clear who signed
3 And I can?t remember who signed something like 3 it, right?
4 this, but the person can't move unless Traf?c 4 A. Yes.
5 gives them a bed location. 5 Q. When you sign things, and I have got
6 Q. And they also can?t move without the 6 things that you signed, it?s pretty clear that it
7 shift commander approval? 7 has your name, you know, Of?cer Moore when you
3 A. Yes. 8 sign it. In fact, you usually spell out
9 Q. All right. So in this case, because the 9 evetything, Major Karen Moore.
10 shift commander didn?t approve it, he obviously 10 Here is one document I'm showing you
11 shouldn't have moved. Is that right? 11 just as an example.
12 A. Without his without his knowledge, 12 A. Yes.

13 yes.
14 Q. And without his signature, right?
15 A. Yes.

16 MR. HANSEL: Okay. All right.

17 A. Can I say something?

18 MR. HANSEL: Yes, ma'am. Go right

19 ahead.

20 A. The they had different what do you
21 call it? They may have had oh, my goodness.
22 What we re they called? Assistant -- it's not

 

13 Q. When it gets down here to the traf?c

14 of?ce housing assignment, can you make out, in

15 that signature, even a single letter?

16 A. No, sir.

17 Q. Meaning, and I have asked other people

18 involved in this case, witnesses like yours elf,

19 if they can interpret that signature for me and

20 nobody has been able to. Nobody has been able to
21 pick out a single letter and nobody has told me

22 they know that that is a signature or whose

 

 

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Transcript of Karen Moore 15 C57 to 60)
Conducted on December 5, 2018

5? 59
signature that is. 1 that?
2 Iwill represent to you, to me, it just 2 A. Yes, sir.
3 looks like a bunch of loops. It just looks like 3 Q. If Mr. Wallace had been doing those
4 scribble. Do you agree with that? 4 things, it would have been -- or if there had
5 A. Yes. 5 been an allegation that I was doing those things
6 Q. Allright. So in my opinion, that is 6 and it had been brought to somebody's attention,
7 not a signature at all. It looks like a bunch of ?7 that person would have been required to write him
8 scribble. Do you agree with that? 8 up, right, write a ticket, a disciplinary matter?
9 A. Yes, sir. 9 A. They could have reacted from someone
10 Q. In any event, it's not a signature that 10 calling to say that their family member were
11 we can reasonably determine whose name it is, 11 being distort - extorted. But still in all,
12 right? 12 they should have completed a report and reported
13 A. Yes, sir. 13 it to the shift commander. 
14 Q. Okay. Allright. And so if it's a 14 Q. Okay. So if this was a concern, and if
15 legitimate signature of somebody in Traf?c, they 15 somebody was going to follow the rules, then the
16 would have violated their training to make sure 16 corrections of?cer should have reported to the
17 the signature is legible. Is that night? 17 shi? commander that there was an allegation that
18 A. Yes, sir. 18 the detainee was extorting commissary and phone
19 Q. Allright. Now, looking at this 19 privileges, correct?
20 document and given that there is nobody who has 20 A. Yes. He could have received a
21 signed it by shift commander approval, and given 21 disciplinary, and the hearing of?cer would
22 that Traffic, because nobody signed it by shift 22 decide whether it was legitimate or he should

ss 60
1 commander approval, should not have ?lled 1 have been punished for it.
2 anything out, and given that we can't interpret 2 Q. And receiving a complaint like that and
3 these this squiggle, do you think Traffic 3 not reporting it to the shift commander would be
4 actually signed off on this, or do you think 4 a violation of procedure, right?
5 somebody just put that squiggle there? 5 A. Yes.
6 A. I?m not sure. 6 Q. Allright. And obviously, one of the
7 Q. All right. You understand why I'm 7 people who must have known about this allegation
8 asking and what I'm asking? 8 is Sergeant Portee, because Sergeant Portee wrote
9 A. Yes, sir, I do. 9 the allegation on this form, rightthis way: In your 10 that?
11 experience, did you ever know Traf?c to sign off 11 A. Yes, sir.
12 on one of these forms unless there was a 12 Q. All right. Is that the type of reason a
13 signature by shift commander approval ?rst? 13 person would be moved from .11 over to the
14 A. Yes. 14 detention center?
15 Q. Okay. So sometimes they would sign off 15 A. As a shift commander, I probably would
16 even if the shift commander approval had not? 16 have asked more questions, because if he didn?t
17 A. Yes, if the shift commander gave them 17 receive any I would rather have a ticket to
18 authorization to move the person. 18 cover this in case something happened.
19 Q. Okay. All right. And -- what kind 19 MR. HANSEL: Right.
20 of now, it says here reason for transfer, and 20 A. And then that would show why you moved
21 it says detainee extorting other detainees for 21111111. Because so much was going on, it's hard to
22 commissary and phone privileges. Do you see 22just have someone do things and bring it to your

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Conducted on December 5, 2018

 

61
1 attention and not go all the way with it.
2 If you had allegations or you allege you
3 saw him doing something that was required
4 discipline, he should have gotten discipline.
5 Then this came and he would have been placed
6 on if we had room, he would have been placed
7 in a cell, restricted cell, until he went up for
8 a hearing.
9 Q. Okay. So if Sergeant Portee had brought
10 these allegations to your attention as a shift
11 commander and sought permission to make this
12 transfer, you would have, instead, had a ticket
13 written on Mr. Wallace, a disciplinary ticket,
l4 and then put him in a segregated cell until the
15 hearing could happen?
16 A. Yes.
17 Q. All right. Obviously, this is obvious,
18 but if that had happened, then he would have not
19 been transferred to the section on December 18,
20 2014, correct?
21 A. Yes.
22 Q. Okay. All right. Now, I'm going to

63
that.

(Whereupon, Moore Deposition Exhibit 3
was marked for identi?cation and attached to the
transcript.)

Q. Mrs. Moore, I show you what has been
marked as Exhibit 3. Let me ask you, before
we -- before we leave Exhibit 2, did you ever
have any concern about Sergeant Portee having
involvement with gangs or acting any way
10 inappropriately at 
11 A. I'm not sure. That is a totally
12 different building. And she worked day shift
13 timing the time that I was on evening shift. I'm
14 not I know she worked day shift in the Jail
15 Industry Building. So did lieutenant Patterson.
16 We could be at work all week and I
17 wouldn't have laid eyes on them. The only
18 contact I would have is if they stayed over and I
19 was the shift commander for the next shift and
20 they needed assistance.
21 Q. You don't know one way or the other is
22 what you are telling me?



 

62
show you we are going to get to it later for
other reasons, but I just want to direct your
attention. I have got what looks like an e-mail
from you in relation to this case but I?m only
pointing out one thing.

The time of the medical assistance being
called was on Thursday, December 18, 2014, at
approximately 1932. Do you see that?

9 A. Yes.

10 Q. Okay. And comparing that to the

1] transfer, the transfer took place that same day,

12 December 18, 2014. Do you see that?

13 A. Yes, sir.

14 Q. Okay. So you agree with me that if this

15 transfer had been brought to your attention as

16 the shift given the procedure that you
17 would have followed that would put Mr. Wallace in
18 a cell alone, that the assault could not have

19 happened that day?

20 Do you agree with that?

21 A. Yes, sir.

22 MR. HANSEL: All right. Let's mark



 

64
1 A. No. I never really I never worked
2 with her more - I haven't worked with her a day
3 since I have been over at BCDC.
4 Q. Did anybody ever raise any concerns with
5 you about her?
6 A. No, not that] can remember.
7 Q. Now, I'm going to show you what is
8 marked as Exhibit 3. And do you recognize this
9 type of form, the Matter of Record Information
10 Report?
11 A. Yes, sir.
12 Q. Okay. Allright. And you will see this
13 is a report by a -- the reporting of?cer is
14 Michael Scipio or Scipio.

15 A. Scipio.

16 Q. Do you recognize who that is?

17 A. Yes, sir.

18 Q. What was his role at the time?

19 A. He was an officer at BCDC.

20 Q. All right. And do you know what rank or

21 level was?

 

22 A. He was just an officer.

 

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Conducted on December 5, 2018
65 67

 

1 Q. Okay. Allright. And it says on

2 Thursday, December 18, 2014, I was assigned as
3 the SBOIC. What does that mean?

4 A. South building of?cer in charge.

5 Q. It says that he escorted Detainee

6 Wallace to 35. Do you see that?

7 A. Yes, sir.

8 Q. Would it ordinarily be the of?cer in

9 charge who made an escort like that or somebody
10 else?

1 A. It could be anyone.

12 Q. Including the c?ic er in charge?

13 A. Yes, sir.

14 Q. All right. He says he escorted Daquan

15 Wallace to 35, and that there was no sign of

16 injm'y during the escort. Do you see that?

17 A. Yes, sir.

18 Q. Okay. All right. He has that the

19 escort occurred at approximately 1600 hours. Do

Q. All right. And then the next sentence
says: According to Cellmate Beatty, he went to
chew and up on returning found Inmate Wallace
unresponsive and noti?ed Sergeant George 

A. Almirondis.

Q. .. Almiroudis. Do you see that?

A. Yes, sir.

(Whereupon, Moore Deposition Exhibit 5
9 was marked for identi?cation and attached to the
10 transcript.)
11 Q. Does that sort of bring back memories
12 about how this occurred?
13 A. Yeah. -
14 Q. That the inmate came back from chow and
15 found -- his cellmate came back from chow and
16 found Mr. Wallace unresponsive?
17 A. Yes.
18 Q. Just to close the loop on that, I Will
19 show you Exhibit 5. There is an inmate statement



 

 

 

 

20 you see that? 20 from Joseph Beatty, and?it says: I tried to wake
21 A. Yes. 21 him up when he came back from chow. He didn't
22 Q. What time is 1600 hours in nomnilitary 22 move. So I shook him and he started- breathing
66 68

1 time? 1 hard. So I called the CO.
2 A. 4 o'clock in the afternoon. 2 Does that sound like the information
3 Q. In the afternoon? 3 that you got at the ?rm from the cellmate?
4 A. Yes, sir. 4 A. Yes, sir.
5 MR. HANSEL: All right. 5 Q. The cellrnate?s information appears to be
6 (Whereupon, Moore Deposition Exhibit 4 6 when the cellinate got back from eating, that
7 was marked for identi?cation and attached to the 7 Daquan Wallace was already in the cell and
8 transcript.) 8 unresponsive?
9 Q. [will show you what is marked as 9 A. Yes.
10 Exhibit 4. It should be pretty much going in 10 MR. HANSBL: Okay.
11 order. And Exhibit 4 has your name on it and a 11 (Whereupon, Moore Deposition Exhibit 6
12 narrative, which I understand is information you 12 was marked for identi?cation and attached to the
13 provided. 13 transcript.)
14 Is that how you recognize this document? 14 Q. Now I show you what is marked as Exhibit
15 I think this was some investigators who 15 6. It looks like your name appears here a couple
16 interviewed you. 16 of times as the shift commander. Is that your
17 A, Yes. 17 handnniting where your name appears? I see it
13 Q. Okay. All right. It says under the 18 twice, once here and once here. Is one or both
19 narrative that you reported Inmate Wallace had 19 of yours your handwriting?
20 been found nonresponsive with severe head 21} A. Yes, sir.
21 injuries. Do you see that? 21 Q. Alltight. Which ones? Are both of
22 A. Yes. 22 them your handwriting?

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Conducted on December 5, 2018

 

77
1 Q. All right. So at that time, at 1945, if
2 what Of?cer Rene is waiting is correct, he would
3 have gone to the cell that Daquan Wallace was in
4 and secured it, right?
5 A. Yes. But I think the way he was
6 explaining it, because there 's two ways you can
7 secure the cell doors. At the front of the tier,
8 you can pull a handle and it secures all the
9 doors. 
10 Sometimes some of the doors will show up
11 unsecured. So what he did was walk the tier and
12 took the ones that were unsecured and made sure
13 they were locked.
14 Q. You said it, but that required actually
15 walking --
16 A. Yeswalk by the cell
18 that Daquan Wallace was in?
19 A. Yes, sir.
20 Q. Okay. Now, the cells on this tier, I
21 have photographs if you don't remember, but the
22 cells on this tier where is are, as you walk

79
1 is called. Is that right?
2 A. Yes, sir.
3 Q. All right. If that's true, the assault,
4 based on what we are seeing here, had to have
5 happened prior to 1945 at some time. Is that
6 right?
7 Because the door was locked and he was
8 otherwise, you know, not available for anybody to
9 get to him. Do you follow what I?m asking?
10 A. Yes. Yes. Let me make sure I'm
11 understanding what you are saying, sir.
12 MR. HANSBL: Sure.
13 A. What point you are saying is once the
14 door was secured, he shouldn?t Mr. Wallace
15 shouldn't have been injured because the door was
16 already locked? 
17 Q. Right. So if the door is locked at
18 approximately 1945, if what Of?cer Rene is
19 saying is correct here, then the assault had to
20 happen before 1945 when people could get to him?
21 A. Yes. That was the reason I pulled his
22 cell buddy out and secured him away from everyone

 

78
down the tier, one whole wall of the cell is
nothing but barsthe whole
cell. Is that fair?

A. Yes, sir.

Q. All right. So he would have walked
right by Daquan Wallace?s cell and be able to see
into the whole thing. Is that right?
8 A. Yes, sir.
9 Q. All right. He, obviously, doesn't
10 report seeing any assault occur, right?
11 A. No, sir.
12 Q. All right. And then he says that it was
13 not until 1958, which is 7:58 pm, that the
14 medical assistance was called for. Do you see
15 that?
16 A. Yes, sir.
17 Q. Alright. And so by 1958, Jackens Rene
18 would "have walked by Daquan Wallace's cell,
19 doesn't report seeing anybody assaulted him or
20 any problem. And then would have locked the cell
21 around 1945, made sure it was locked. And then
22 it's 13 minutes later that the medical assistance



 

so
1 else.
2 MR. HANSEL: Got it.
3 A. Because from the report that I have and
4 whatl was told, I would assume that he was
5 injured inside the cell. So he was secured until
6 investigators came from outside to intelyiew him.
?7 Q. Got it. So your point is -- and that is
8 a good point he could have been injured after
9 1945 if it was his cellmate who did it?
10 A. Yes.
11 Q. But if it was not his cellmate who did
12 it, it would have had to have been before 1945?
13 A. Yes, sir.
14 Q. Okay. I understand. Now, as the
15 investigation proceeded, there were witnesses
16 developed who pointed the ?nger at three -- who
17 identi?ed three other inmates, not his cellrnate,
18 who committed the assault.
19 Are you aware of that? Did you get that
20 follow-up at some point?
21 A. No, sir. That is it for me. After I

 

22 inform everyone, send the information to the

 

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Conducted on December 5, 2018

 

9?
later, and also includes, amongst other
information, a synopsis at the end. Is that
right?

A. Yes, sir.

Q. Okay. All right And I will represent
to you you can read and check if you want. I
thought this was the case. I just double
checked. For my purposes, I don't think there
were any changes.
10 It doesn't look like your narrative
11 changed between your initial writing of it in the
12 e?mail and your half-an-hour?later Serious
13 Incident Report.
14 A. No.
15 Q. Okay. In terms of when the medical
16assistance was ?rst called -- a lot of times,
17 there are times in this record that look like the
18 time somebody was noti?ed of something as
19 opposed to the time it happened.
20 But it looks like the time that medical
21 assistance was called was 1932, and that appears
22 both in your e-mail and in your Serious Incident



99
came back. The doors were opened and then they

went back in and doors were closed again. Is
that light?

A. Yes, sir.

Q. All right. It was important that the
doors stayed closed while the inmates were out to
avoid any kind of mischief in the cells. Is that
right?

A. Yes, sir.
10 Q. So that while they were out and eating,
11 the cells would have been closed. Is that right?
12 A. Yes, sir.
13 Q. Okay. And the officer or of?cers who
14 let them out to go eat are required to check and
15 see who stayed behind, make sure that the person
16 is pennitted to stay behind, and make sure that
17 all the cell doors are closed and locked, and
18 that the people who are supposed to leave have
19 left. Is that right?
20 A. No, sir.
21 Q. Okay. Help me out.
22 A. All of the offenders are supposed to go



 

98

Report. Do you see that?

A. Yes, sir.

Q. All right. Of course, by the time it
made it into the Serious Incident Report, it had
sort of been double checked by the assistant
warden. Is that right?

A. Yes, sir.

Q. So the medical assistance was called at
1932. What time is that for civilians for folks
10 who don't do military time?
11 A. 7:32.
12 Q. All right. 7:32. I agree with that.
13 And it?s 7:32 pm. Is that right?
14 A. Yes, sir.
15 Q. All right. Good. Good. Now, at this
16 time, when the inmates went to feed up from this
1? tier, that included (3?35 where Daquan Wallace
18 was. As I understand it, the doors on the tier
19 were open so that imnates would ?le out.
20 They went to another building to eat.
21 They were only out for 20 minutes. During that
22 20 n?nutes, the doors were closed. And then they





100
1 to chew whether they want to or not.
2 Q. So the tier should have been empty
3 during chow? I
4 A. Yes, sir.
5 Q. And with the doors closed and locked?
6 A. Yes, sir.
7 Q. All right. So going back to Exhibit 6,
8 Jackens Rene says that they left for feed up at
9 1920. Do you see that?
10 A. Yes, sir.
11 Q. And they came back at 1945. Do you see
12 that?
13 A. Yes.
14 Q. And during that time, the cells should
15 have been closed and empty. Is that right?
16 A. Yes, sir.
17 Q. And Of?cer Jackens Rene says -- we
18 looked at it earlier but also says that Daquan
19 Wallace went to feed up. Is that right?
20 A. Yes, sir.
21 Q. But the medical assistance was called at

 

22 1932, right in between that time when Wallace --

 

 

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121
can see where it says State, with some numbers
down in the bottom right-hand corner. That is
not something that appears on the original
document, just to let you lmow.

That is an indication that the state

produced this to me out of their records. That
is what that is.

A. Yes, sir.
9 Q. The state at some point produced to me
10 this note and it?s discussing the incident that
1 1 happened on December 18, 2014, and the boy that
12 got beaten up real bad on section that is in a



14 And it talks about BGF involvement and

15 how they have been robbing people and they 
16 this person is complaining about BGF, in general.
17 It's a page long. I'm not trying to read the

18 whole thing.

19 My question is do you remember this?

20 Was it ever brought to your attention in any way?
21 A. No, sir.

22 Q. So you can't -- other than just reading

13 coma. That, obviously, had to be Daquan Wallace.

123
asking. And he referred to an of?cer -- Warden

1
2 Johnson heard it as Sheraton, 
3 Were you ever aware of an Of?cer Sheraton or

4 anything that sounds like that?

5 A. No, sir. We didn't have a Sheraton.

6 Q. All right. Iknow youhad a Shard. Was
7 there anything else that might sound like

8 Sheraton other than Shard?

9 A. (No verbal response.)

10 Q. You are shaking your head. Is that a

11 no?

12 A. No, sir. I'm sorry.

13 Q. Did you ever have any problems or

14 concerns with an Of?cer Sherd related to gang
15 involvement or any other inappropriate conduct?
16 A. Not that I'm aware of.

17 Q. Was any information ever shared with you
18 about who the perpetrators were or who the

19 suspected perpetrators were?

20 A. No, sir.

21 Q. What?s in your experience, what's the
22 response time when 911 is called? How long

 

122

it to me, whichl can do for myself, you can't
tell me anything about that?

A. o, sir.

Q. All right. All right. Fair enough. I
had -- it was another -- let me just ask you
about this generally, and if you don?t know
anydhing about it, that is fine. Some other
documents produced to us involve some e-mails to
9 the effect that do you know who Betty Johnson
10 was in connection with?
11 A. She was a warden.
12 Q. When the warden was leaving JI one day,
13 that a person approached her and said he had
14 information about the person who got beaten up on
15 section, and provided nicknames of three
16 attackers, who later those nicknames went -- were
1? put through the system and came back to inmates
18 that were incarcerated there at the time.
19 Do you know anything about that e-mail
20 or any investigation related to it?
21 A. No, sir.
22 Q. I?m not suggesting you would. I'm just



 

124
1 before an ambulance would get to the facility?
2 A. It all depends on the time of day.
3 MR. HANSBL: Yeah
4 A. Because it?s downtown, sometimes there
5 is a lot of traf?c. But they would he there
6 within ?ve minutes.
7 Q. Okay. That's with no traffic, in other
8 words? Is that what you are telling me?
9 A. Yes, sir.
10 Q. Allright. You mentioned to me when
11 they had feed ups like this, that everybody was
12 required to go.
13 A. Yes, sir.
14 Q. Was there ever any deviation or
15 exception allowed to that rule?
16 A. No, sir. It was for safety reasons,
17 especially on my shift, I thought that everyone
13 should leave out. Because if something happened,
19 it's hard to see at night on the sections. It's
20 hard to see outside. So all of the staff would
21 escort the offenders to and from chow.
22 Q. Now, there were bloody articles of

 

 

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Transcript of Karen Moore

32 (125 to 128)

Conducted on December 5, 2018

 

125

clothing collected ?'om cells on the tier as a.
result of the investigation. Were you aware of
that or have anything to do with it, or is that
just up to the investigators?

A. Everyone was secured in the cell. No
one could move. The water was turned off. That
was up to the investigators to go in to each cell
and search.
9 But the only thing that we could do was
10 visually go down -- I didn't want if it was 
11 if it took place somewhere on the section, I
12 didn't want staff to be inside the crime scene.
13 Q. Looking back at Exhibit 6, which is
14 Jackens Reno?s report. He says he was assigned
15 to -- Jackens Rene was assigned to section.
16 And that everyone went to dining hall except for
17 Cell 3, 47 and 48. Do you see that?
18 A. Yes, sir.
19 Q. Do you know any reason why it would be
20 appropriate for dining
21 hall?
22 A.

Obwla?m-ih-th-l

It could be medical reasons, because

12?
Looking at Exhibit 16, it's a summary of

1

2 tests taken by various of?cers. Do you know
3 Dominic Bonvegna or know who that is?
4 A. No.
5 Q. What about Daniel Morrow?

6 A. Morrow, I don?t lmow the ?rst name, it

7 could have been one of the investigators. I know
8 a Morrow that is an investigator.

9 MR. HANSEL: This is that Morrow.

10 A. OkayDaniel Morrow who

12 is an investigator. What about Allen, do you

13 know that, Rodney Allen?

14 A. No.

15 Q. And this is an e-mall about cell

16 searches of the section related to this case.

17 I want to direct your attention to the fourth

18 paragraph there, Cell that?

20 A. Yes.

21 Q. All right. And if you read through that

22 paragraph, about the second sentence there, after

 

126
they could have been on crutches. But it had to
come from medical in order for them not to have
to go to chow hall, because they had to go down
steps.

Q. Without a medical reason, then they
should have gone. Is that correct?
A. Yes, sir.
MR. I-IANSEL: All right. Let?s mark

scooqcimhmui-a

this.

10 (Thereupon, there was a recess taken at
11 1:03 pm.)

12 (Thereupon, the proceedings were resumed
13 at 1:06 pm.)

14 (Whereupon, Moore Deposition Exhibit
15 16 was marked for identi?cation and attached to
16 the transcript.)

17 Q. Of?cer, I show you what is marked as
18 Exhibit 16. I'm not suggesting that you have

19 seen this before, but I'm going to -- I just want
20 to point something out to you, so then I can ask
21 you if you were ever made aware of it or know
22 anything about it.

 

128
further inspection, Detective Allen discovered

that the Tobin contained what appeared to be
blood stains on the ?out of the shirt. Do you
see that?

A. Yes.

Q. This is a search happening on 12/9, the
day after Daquan Wallace was attacked. Do you
see that?

9 A. 12/9?

10 Q. 12/ 19. I'm sorry. Then if you look at

11 the search -- that was the top bunk. If you look
12 at the search of the bottom bunk, which is the
13 next paragraph, the bottom bunk belonged to a
14 Terrell Fieldsthe bottom of that

16 paragraph, you will see that there was a bag of
17 clothes. in the bag was wet except
18 for a few pieces of clothing that were dry, and
19 it says it was discovered that one orange shirt
20 contained blood stains on the front and back. Do
21 you see that?



 

22 A. Yes, sir.

 

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Transcript of Karen Moore

33 (129 to 132)

Conducted on December 5, 2018

 

129
1 Q. And then it said there was also a pair
2 of blue jeans that also had blood stains on the
3 front pant legs. Do you see that?
4 A. Yes.
5 Q. Okay. So in Cell 47 and 48, one man's
6 T-shirt had blood stains on it and another man's
7 orange shirt and blue jeans had blood stains on
8 them. Do you see that?
9 A. Yes, sir.
10 Q. Referring back to Jackens Reno's report,
11 that same Cell 47, 48 is the cell where people
12 didn't leave to go to feed up. Is that right?
13 A. Yes, sir.
14 Q. Looking at the times for feed up on
15 Jackens Reno?s report, between 1920 and 1945, and
16 looking at the time that you double checked when
17 the medical assistance was called at 1932, this
18 attack happened during the time when Jackens Rene
19 said that everybody was at feed up other than
20 those cells. Is that right?

21 A. Yes.
22 Q. Allright. Then blood was found on the

131
I Q. That is why a reasonable investigative
2 staff would be would test that blood and see
3 if it was Daquan Wallace's blood, right?
4 A. That is beyond my control. That is
5 where the hivestjgators come in.
6 MR. HANSEL: That is where they come in.
7 Allright. I'm going to borrow that back just so
8 I make sure I have everything in order here.
9 That was my 10 minutes. Let's take our break and
10 we will go back on.
11 (Thereup on, there was a recess taken at
12l:11p.n1.)
13 (Thereupon, the proceedings were resumed
14 at 1:30 pm.)
15 BY MR. HANSEL:
16 Q. To the best of your knowledge, during
17 these events, were the lights in section ever
18 turned off?
19 A. o, sir. You mean turned off they
20 stayed on all the time.
21 Q. So the lights in the hall were on all
22 the time. Is that light?

 

130
clothes of the people Jackens Rene didn't make
2 sure went to feed up. Do you agree with that?
3 A. Yes, sir.
4 Q. Was it brought to your attention that
5 these inmates on section who hadn't gone to
6 lunch who were at the tier {1111'ng the time of the
7 medical call out was made had blood stains on
8 their clothes? Did anybody bring that to your
9 attention?
10 A. No, sir.
11 Q. All right. Do you agree with me that
12 that suggests they might have had some
13 involvement in the attack on Daquan Wallace?
14 MS. MULLALLY: Objection. You can
15 answer, ifyou know.
16 A. No. I couldn't say that. It's so much
17 going on, they could have gotten blood from,
18 anywhere. Then some of the uniforms, we
19 already it may appear we can't get them out
20 when they wash the uniforms.
21 Sometimes we issue they are issued
22 uniforms that may have stains on them

132
1 A. Yes, sir.
2 Q. What about the lights in the cells, were
3 they on all the time?
4 A. Offenders have control over them. The
5 of?cers can turn them on. When they walk the
6 tier, they turn them on so they can see inside
7 the cells. But the offenders have control of the
8 lights in the cell.
9 Q. Did you ever personally review any of
10 the video associated with this event?
11 A. I can't say if I did. If I did, I would
12 have wrote - written it on the cover sheet.
13 Q. In the Serious Incident Report?
14 A. Yes, sir.
15 Q. I will Show you Exhibit 10, which is the
16 Serious Incident Report, and if you will take a
17 look at it. Let me know, does it re?ect whether
18 you read -- whether you looked at any video?
19 A. Where the cover sheetthink We marked that as something
21 else. That was one of the ones we looked at

 

22 earlier.

 

 

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34 (133 to 136)

Conducted on December 5, 2018

 

133
A. Yes, sir.
2 Q. Hold on a minute. Exhibit 13, is that
3 what you are referring to?
4 A. Yes, sir.
5 Q. So you -- have you now reviewed all the
6 records you need to review to determine whether
7 or not you looked at any videotape?
8 A. Yes, sir.
9 Q. Alliight. And did you look at any
10 videotape in connection with this incident?
11 A. No, sir.
12 Q. Do you know who would have made that
13 kind of review?
14 A. The investigators.
15 MR. HANSEL: Okay.
16 A. The regional as well as the internal.
17 Q. When the based on what we have looked
18 at, if you need to flip through anything, it's
19 all here, but in terms of who would have been
20 physically on -- at section and able to lo ck
21 and unlock doors at the time when they are
22 leaving for feed up, during feed up and when they

135
1 Q. Okay. And in this case, when it came

2 time to ensure that all of the cells were empty

3 and secure, the person who wrote that they had
4 clone that, I think, was 

5 A. Rene.

6 Q. -- was Rene, right? Rene didn't mention
7 having any other officers with him?

8 A. No.

9 Q. And while the of?cers are eating, would
10 it ordinarily be the case that Rene was in the

11 chow hall or could Rene go back and forth?

12 A. He would have stayed on the section.
13 Q. Okay. All right. So while everyone was
14 at feed up, the only of?cer on the section would
15 have been ackens Rene?

16 A. Yes, sir.

17 Q. All right. So if the attack happened

18 during feed up, the only officer in the vicinity
19 would have been Jackens Rene. Is that right?
20 A. Yes, sir.

21 Q. Okay. All right. Did you know an

22 of?cer by the name of Tamara Patterson?

 

134

are coming back, and the time during when -- the
time frame when this assault occurs, obviously,
Jackens Rene is one of those people based on what
we have seen?

A. Yes, sir. He was the assigned of?cer.

Q. Is there anybody else who would have had
that kind of access besides Jackens Rene at the
time based on what we have seen today?

A. During chow? During chow, he would have
10 had assistance from the officers who were
11 assigned to the chow hall.
12 MR. HANSEL: Okay.
13 A. And then the sergeants.
14 Q. Would they ever would the of?cers
15 assigned to the chow hall or the sergeants ever
16 be back on the on section with him, or are
17 they just assisting?
18 A. When they -- when they go to chew, they
19 come and assist them with the mass movement. And
20 when they return from chow, they will assist them
21 with the mass movement by ensuring all the cells
22 are secured.

\omqmmAmMp?r

136
1 A. She?s a lieutenant.
2 Q. Okay. Alieutenant. Did you ever have
3 any problems or concerns with the lieutenant,
4 Lieutenant Patterson?
5 A. No, sir.
6 Q. Based on what we have looked at today,
7 do you have some concern that Officer Rene was
8 involved in the attack on Daquan Wallace?
9 A. I wouldn?t say that he had anything to
10 do with Daquan Wallace.
11 Q. Okay. All right. Have you ever had any
12 disciplinaIy issues at all? Have you ever been
13 written up for anything?
14 A. Once when I ?rst started not when I
15 ?rst started. I was assigned to Central
16 Booking, and of?cers from another facility, MTZ,
17 came to Central Booking and they took a set of
18 keys home.
19 MR. HANSEL: Oh, my goodness.
20 A. But they weren't - it wasn't my keys.
21 It was just my ?oor.

 

22 MR. HANSEL: Okay.

 

 

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Transcript of Karen Moore

35 C137 to 140)

Conducted on December 5, 2018

 

13?

A. I got a counseling for it.

Q. Okay. Other than that, you never had
any complaints against you on the job?

A. No, sir.

Q. All right. And there are two different
cases involving Mr. Wallace. Setting those
aside, have you ever been a Defendant in another
lawsuit or have you ever been involved in any way
9 in any other lawsuits?

10 A. Say that again, sir.

11 Q. Other than associated with Daquan

12 Wallace, my client, have you ever had any other
13 lawsuits?

14 A. Yes, sir.

15 Q. Okay. How many?

16 A. One.

17 Q. All right. And tell me about that.

18 What what was that case about?

19 THE Can 

20 MS. MULLALLY: Yes, you canoffender. He lost his eye.
22 Q. Okay. And that was a case that the



139
1 So he was basically a mule that went
2 around the facilities and passed things, and he
3 may have worked with investigators like giving
4 informationthings that he wasn't supposed to.
6 So I wouldn't blame the of?cer for him
7 being assaulted. I'm just saying that he might
8 have gotten in trouble for things that he has
9 done, and the offenders picked up on it, and that
10 is why he was assaulted.
11 Q. Okay. But that's not the case for
12 Mr. Wallace, right?
13 A. I'm not going to say, because I don't
14 know exactly what happened with Mr. Wallace.
15 MR. HANSEL: Okay.
16 A. But the entire time he has been at the
17 facility, he was never a problem or issue with me
18 on my shift.
19 Q. Okay. Okay. Now, Mr. Wallace had
20 expressed some concerns to some people, and I
21 don't know if they have made it to your attention
22 or not, but he had expressed some concerns to

 

138
offender?s name was Larry Washington. Does that
sound right?

A. Yes, sir.

Q. And as I understand it, Mr. Washington's
claim is similar to Mr. Wallace's in the
following sense: That he was -. he claims that
officers at the Baltimore City Detention Center
permitted an attack to occur on him. Is that
9 roughly the case?
10 A. Yes, sir.
11 Q. Okay. All right. And in that case, in
12 the Washington cas e, do you believe that of?c ers
13 permitted an attack to occur on Mr. Washington?
14 A. I don?t think the difference in
15 Mr. Washington is totally different from 
16 Q. Mr. Wallace?
17 A. Yes.
18 Q. Okay. Tell me what you mean by that.
19 A. He's I never had any problems or
20issues with Mr. Wallace. Mr. Washington, on the
21 other hand, is a whole different character. He's
22 an old offender.

mama-lama)?

 

140
some people at the facility, and I think his mom
had called and expressed some concerns, or family
members, that he felt that he was the target of
gang violence and gang threats, particularly from
BGF, before this attack.

He had one, you know -- I will just ?ll
you in. It doesn?t matter to me. If you want to
see docmnents, we can pull them out. But he had
some prior assaults.
10 He had a time in front of a judge when
1 he was beat so bad that the judge was 
12 on it after he had been at the facility. So he
13 had some prior incidents that we can pretty well
14 document. He have a judge saying: Hey, he looks
15 heat up, that kind of thing.
16 So he had some prior problems, and he
17 and family members had raised concerns. I don't
18know that any of that ever crossed your desk.
19 So my question is were you aware of any
20 of that? Did any of that ever cross your desk?
21 A. I can?t say. It may not have crossed my
22. desk. Iwasn't aware of any of it. It could





 

 

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LISA PORTEE July 02, 2018
WALLACE vs STATE OF MARYLAND 77?80
Page 77 Page 79
1 A. I'm not a supervisor. I'm a 1 one copy? Is it an exhibit?
2 team leader. But i don't make those decisions. 2 MR, HANSEL: Ididn't mark it.
3 Now. I can go and tell her that I don't think 3 But I'll make you a copy.
4 that he should be in there. You know whatl 4 MS. MULLALLY: Well, have a
5 mean? And they're going to listen based on, you 5 copy. As long as it's not an exhibit, that's
6 know, they should, but, you kno 6 fine.
7 Q. Have you ever been aware of 7 MR. HANSEL: Yeah. A lot of
8 transfers happening without the appropriate 8 times I don't mark stuff as exhibits because
9 approvals when you were working there? Did that 9 then Ijust have buy it back from court
10 ever happen? 10 reporter. If the witness doesn't know anything
11 A. No. 11 about it, you know, i don't need it necessarily.
12 Q. I mean other than this time? 12 i?ll make it an exhibit if you like.
13 A. No. 13 MS. MULLALLY: No.
14 Q. Okay. We?ll mark this if it 14 MR. HANSEL: All right. Then
15 means anything to you. But Ijust want to see 15 we both have to buy it back from the court
16 if this means anything to you ?rst. There was 16 reporter.
17 a note that was produced to me that came out of 17 Q. (By Mr. Hansel) What can you
18 the investigative file in this case, and it was 18 tell me about Lieutenant Patterson?
19 a note about, from an inmate that was anonymous 19 A. She is by the book. No
20 that was put into some kind of suggestion box is 20 deviations, no questions, she is strictly by the
21 the way it's been described to me. Do you 21 book. She's going to do it the way it's
Page 78 Page 80
1 remember anything about that note or receiving 1 supposed to be done. She's going to report it
2 it or anything? 2 if it should be reported. She's going to tell
3 A. No. 3 if it's supposed to be told. She is going to do
4 Q. I don't have any reason to 4 herjob.
5 believe you've ever seen it before. I'm just 5 Q. What about an of?cer that's,
6 curious. . 6 I'm going to let you know it's a male because
7 A. Hunh?huh. 7 the name's a little bit unusual, named Jackens,
8 Q. All right. Do you remember a 8 J?a-c-k?e-n-s, Rene is R-e-n?e?
9 prisoner by the name of Harris Bilaldon't really know him that
10 be mispronouncing his last name so I'm going to 10 well. I think he came to our building maybe a
11 spell it for you, B-i?l-a-l. He was in 11 couple times and he seemed to be a good officer,
12 Section. And I know it wasn't necessarily where 12 but i really don't know his character because I
13 you worked, but do you know anything about that 13 don't really know him.
14 person? 14 Q. All right. Are you aware of
15 A. Harris? 15 any legal or disciplinary troubie either
16 Q. Yes. 16 Patterson or Rene have had?
17 A. No. And again, lwould have to 17 A. No.
18 see his face because a lot of them I've got to 18 Q. When a transfer like this is
19 see their face. 19 physically being made, as I understand it, the
20 Q. i understand. 20 form that we?ve marked as Exhibit 2 accompanies
MS. MULLALLY: Do you just have 21 the inmate from his previous assignment to his

 

 

 

 

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July 02, 2018

 

 

 

WALLACE vs STATE OF MARYLAND 1?4
Page 1 Page 3
IN THE CIRCUIT COURT FOR BALTIMORE CITY, 1 I 
2
MARYLAND
3 WITNESS PAGE
NICOLE WALLACE, et a1. 4 LISA PORTEE
Plaintiffs 5 BY MR. 5
6
V. Case Nb.
7
STATE OF MARYLAND, at. al. 24-0-17?006410 
9
Defendants 
10
11
DEPOSITION l2
13
LISA PORTER
14
July 2, 201B 15
9:56 a.m. 16
17
2514 North Charles Street 18
Baltimore, Maryland 31218 19
20
Linda S. Feeneyr R93.
21
Page 2 Page 4
APPEARANCES OF COUNSEL 1 INDEX OF EXHIBITS
2 2
3 For the Plaintif?s:
4 3 NUMBER DESCRIPTION MARKED
CARYJ. HANSEL, ESQTransfer of Housing 2514 North Charles: Street 7 4 97
7 8 5 Matter of Record - Continuation!
Baltimore! ?aw-"land 21215 9 Supplement ReportMatter of Record - Information
301-461-1040 Offlce phone
9 11 . . 103
Caryohensellaw.oom E?mail 12 7 107
1? 13 a ECDC Central 152
11 For the Defendants:
12 LAURA ESQ. 19?
13 OFFICE OF THE ATTORNEY GENERAL 15 (attached to transcript}
14 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 15
15 SERVICES 17
16 300 E. Joppa Road
17 Suite 1000 13
18 Toweou, MD 21286 19
19 410?339?7562 Office phone 20
20 Laura.mullellyomaryland.gov B-mail
21
21

 

 

 

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LISA PORTEE July 02, 2018
WALLACE vs STATE OF MARYLAND 49?52
Page 49 Page 51
1 Q. (By Mr. Hansel) Ms. Fortes, 1 handwriting on the form, do you recognize your

2 before we went. off the record, 1 had a chance to
3 share with you what has now been marked as

4 Portee 1, meaning Exhibiti of yourdeposition.
5 it's a photograph of Daquan Wailace from his

6 inmate file. It includes his SID number. Did

7 anything about that photograph refresh your

8 recollection In any way?

9 A. No.

10 Q. Okay. Do you recall ever

11 seeing Daquan Wallace before based on that
12 photograph?

13 A. No. He looks familiar, but i

14 can't, ldon't remember him. Ican?t.

15 Q. You don't remember him or his

16 name or his inmate ID number, any detail about
17 him; is that --

2 handwriting anywhere on the form?

3 A. Yes.
4 Q. Where?
5_ A. I wrote his name, his ID

6 number, his location, the request was made by
7 me; Sergeant Portee, the date, and the

8 explanation.

9 0. Okay. And once we get down to

10 the words recommended type of housing, did you
11 write anything below that line, any of the

12 handwriting that appears below that line, is any
13 of that yours?

14 A. No.

15 Q. Now, I know who Rene, Jackens
16 or Jackens is. i think i know who this

17 lieutenant is, but do you recognize this

 

3 Portee, I have now shared with you Exhibit No.
4 2. And what just want to do first is make
5 sure we know what we?re looking at, or I know
6 what we're looking at rather. Ignoring the
7 handwriting and just looking at the typed
8 information on this form, are you familiar with
9 this type of form?
10 A. Yes.
11 Q. All right. And it says up
12 there at the top, transfer of housing
13 assignment. Is that self-explanatory? Is that
14 what it is?
15 A. Yep, yes.
16 0. Am 1 correct that during your
17 time at BCDC this was the type of form that had
18 to be filled out to transfer the housing
19 assignment of a detainee?
20 A. Yes.
Q. And now looking towards the

18 A. Nothing at all. 18 lieutenants signature after tower/building
19 Q. Fair enough. 19 supervisor signature of review?
20 (Whereupon, Deposition 20 A. Lieutenant Patterson?
21 Exhibit No. 2 was marked 21 Q. Yes.
Page 50 Page 52
1 for identifi cation.) 1 A. You talking about this one or
2 Q. (By Mr. Hansel) Sergeant 2 this one, (indicating)?

 

 

3 Q. The one that?s next to
4 toweribuilding supervisor signature of review.
5 Who is that?

6 A. That's Lieutenant Patterson.
7 0. All right. That?s whatl

8 thought.

9 Then down below traf?c office

10 housing assignmentl don?t even deem it a

1 1 signature, a sq ulggle, where it says authorized.
12 Have you seen such a signature or squiggle
13 beforeyou recognize who that might
16 have been who signed it?

17 A. No.

18 Q. Did you, do you know who was

19 working as the supeivisor that would sign a form
20 like this at the traf?c of?ce housing

21 assignment at the time? This is, the form is

 

 

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LISA PORTEE
53?56

WALLACE vs STATE OF MARYLAND

 

Page 53
1 dated 12l18l14, so in 2014.

2 A. Do I know -- give me your

3 question again.

4 0. Sure. Neither one ofus can

5 read this squiggle.

6 A. Right.

7 Q. So what I'm trying to do Is

8 figure out who it might have been so I can
9 follow up. So the question is: ltsays it's to
10 be signed by the traf?c of?cer. Do you know
11 who the traf?c of?cers were at the time in
12 December of 2014?

16 with you. But do you know who what are their

17 names?

18 A. Lieutenant Christian, she was

13 A. Yes. But they don't write like
14 that. 14 it, right?
15 0. That's whatlthink. lagree 15 A. That's right.

Page 55
1 A. That's fair.

2 Q. And. in fact. as part of your

3 training. whether on the job or your more formal
4 training. as an officer, you're taught the

5 impedance of paperwork, right?

6 A. Yes.

7 0. Okay. And you?re taught the

8 importance of being able to Identify who signed
9 off on various moves, right?

10 A. Right.

11 Q. So. for instance. when I look

12 at where it says request made by. i can very
13 easily make out Sergeant Portee where you signed

16 Q. So I take it that you endeavor
17 to make your name legible when you sign
18 documents like this; is that right?

 

6 sergeant and an of?cer. lt'sJust Traf?c. Is

7 that everybody?
8 A. They had different people in

9 there sometime.

13 all of those signatures1 everybody who worked in

16 they wrote legible. They didn't write like

17 that.
16 Q. So can you agree with me that

19 this squiggle does not appear to be the
20 signature of anybody in Traffic who you
21 recognize; is that fair?

19 in charge of traf?c. 19 A. That's right.
20 Ct. Yes, ma'am. And who else? 20 0. Even when I look at Lieutenant
21 A. Sergeant Sinkler. 21 Patterson It's a little messler, but we can make
Page 54 Page 56

1 Q. Who else? 1 out Patterson. We can make out LT for

2 A. Of?cer George. 2 lieutenant. So both the rank and the name is
3 Q. Who else? 3 legible. Do you agree with that?

4 A. And is that it? 4 A. ldo.

5 Q. You got a lieutenant, a 5 Q. As part of your training and

you this way.
11 Through your training -- or through your 11 A. That's right.
12 experience, rather, did you become familiar with 12 Q. That's for tack of a better

14 Traffic at this time in 2014? 14 right?
15 A. Kind of, yeah. imean. because 15 A. Right.
16 Q. So. and even down below when

6 experience. it's important when filling out

7 these documents to make your name and rank
8 legible so that people can later determine who
9 filled out the documents, who wrote the name,
10 who approved transfers, things like that, right?

13 term, drilled into you in your training there,

17 Officer Rene, Jackson Jackens filled it out,
16 or Jackens Rene, I'm sorry. whichever it is,
19 filled it out, we can see where it says Rene
20 down there, right?

21 A. That?s correct.

 

 

 

 



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LISA PORTEE July 02, 2018
WALLACE vs STATE OF MARYLAND 57~60
Page 57 Page 59?

1 Q. Do you agree with me it?s 1 or anything like that? Do you now remember this

2 unusual that this signature that appears or

3 squiggle really, that appears above traffic

4 officer signature, is illegible both in terms

5 of the name and in terms of any rank that might
6 be there?

7 A. Right.

8 Q. Now, when i look at it I don't

9 even see any letters at all. Looks like a bunch

10 of toops. Can you make out any letters at all?

11 A. No.

12 Q. Okay. Me neither. We're in
13 agreement there. 
14 All right. Now, do you

15 recognize the or the 35, that handwriting?

2 guy who was in Section J, Bed 531 in 2014you can recognize, in

5 fairness, your handwriting, but other than that,
6 you don?t recall anything about this transfer or
7 prisoner; is that rig ht?

8 A. Right.

9 . Q. And then the who is it that
10 decides -- let me go back a step.

1 1 You don't remember -- it says

12 here detainee extorting other detainees. You
13 don't remember the other detainees or what was
14 being extorted, other than what it says here, or
15 how much or what was involved, nothing like

 

13 recognize that squiggle as any legitimate

14 signature from anybody you've ever worked with
15 in Traf?c, do you?

16 A. No, I don't.

17 Q. All right. It says here,

18 detainee extorting other detainees for

19 and phone privileges.

20 Reading that, does that ring

21 any bells as to Daquan Wallace or this incident

 

 

16 And it may well be yours. it may be -- 16 that?

17 A. No, that?s not mine. 17 A. No, hunh?huh.

16 Q. -- Patterson?s, it may be Rene. 18 Q. All right. And do you know if
19 I don't know. 19 this was filled out before or after the
20 A. No. 20 transfer, the part you wrote, it you know?
21 Q. All right. Understood. 21 A. i'm not, I'm not understanding

Page 58 Page 6?

1 Do you agree with me that what 1 your question.

2 this form looks like and i'm not suggesting 2 0. Okay. Well, let me ask it

3 you did this, because it looks like a different 3 another way. The date's ?lled out. but there?s
4 pen and doesn't look like your handwriting, but 4 no time ?lled out for your request.

5 i don?t know. What this form looks like is that 5 A. Okay.

6 somebody didn't get the traf?c of?cer 6 Q. Do you agree with me there?

7 signature and then put this squiggle there 7 A. Usually when I do the transfers

8 instead? 8 I don't put a time in.

9 A. I can't really say. 9 Q. Why not?

10 Q. All right. 10 A. i don't know. We just -- 

11 A. I don't know. 11 just -- i don't know. Just don't.

12 Q. But you certainly don't 12 Q. And then just so i understand

13 the form, and l've got a guess, butjust to help

14 me make sure I understand. Down here where it's
15 about halfway down above recommended type of
16 housing, above that, it's not in that section,

17 there's something that says Hn2, H-3, and
?18 then it has a medical staff, name, signature.

19 What is that for?

20 A. So if they have, if they're

21 H-1, H-2, that means they have to be in the air

 

 



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LISA PORTEE July 02, 2018
WALLACE vs STATE OF MARYLAND 69?72
Page 69 Page 71

1 operations captain, when applicable. 1 have the captain or major's signature on the

2 A. Umh-humh. 2 line, right?

3 Q. You see that? 3 A. Right. It should have been

4 A. Umh-humh. 4 questioned. lwould have questioned it as an

5 Q. Yes, in other words? I'm 5 officer.

6 sorry. 6 Q. It even says right there it?s

7 A. Yes. I'm sorry. Yes. 7' void without that signature, right?

8 Q. You're doing great. 8 A. Umh-humh.

9 So who was the shift commander 9 Q. Is that a yes?

10 at the time, if you know? 10 A. That's a yes.

11 A. I don't know. 11 Q. All right. And who were the

12 0. Okay. What rank would that 12 captains or majors at the time that might have

13 person have been?
14 A. Captain or major.
15 Q. Okay. And captain or major

16 would be above lieutenant, right?

17 A. Right.

18 Q. So this form needed a signature

19 of somebody above Lieutenant Patterson or else

13
14

signed that? Do you remembertheir names? it?s
okay if you don't.

15 A. No.

16 0. All right. And they certainly

17 wouldn't have been in traf?c, that was the

18 captain or major that was overseeing this

19 particular, that was in Jl, right?

 

1O needed a traffic office signature; is that

11 right?

12 A. Right.

13 Q. And then that?s where we saw
14 that squiggie that we couldn't figure out
15 earlier?

16 A. Right.

17 Q. Do you agree with me thereAll right. And so if given

20 your experience and training, this Is a transfer
21 that should not have happened because it didn?t

20 it?s void, right, the transfer can?t be made; is 20 A. No. We didn?t have a captain
21 that correct? 21 are major.
Page 70 Page 

1 A. Right. 1 Q. Oh. okay.

2 Q. And this is going to be the 2 A. Sometimes we did, sometimes we
3 easiest question I'm going to ask you. Is there 3 didn?t. But most likely we probably didn't.

4 a question is there a captain or a major 4 Q. But that person would be

5 signature on that fine? 5 different, my point is, from the traffic

6 A. No. 6 officer?

7 Q. Okay. ltold you it would be 7 A. Righteasy. 8 Lieutenant Patterson would have signed it and
9 And then down below, it also 9 they would have signed it. And then it would

 

 

10 have went over to traffic. But most of the
11 time, ninety-eight percent of the time, we
12 didn?t have one.

13 Q. Got it.

14 And then captain or major --

16 A. Yeah.

17 Q. -- over in the jail side?

18 A. Umh-humh.

19 Q. Is that a yes?

20 A. Yes.

21 Q. And they obviously weren?t in,

 

 

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LISA PORTEE
WALLACE vs STATE OF MARYLAND

July 02, 2018
81?84

 

Page 81
1 new assignment. In other words, an of?cer or

2 of?cers, depending on what's necessary,

3 transfers the inmate and they have with them

4 this form; is that right?

5 A. That's right.

6 0. All right. And those officers,

7 part of their duty, obviously, is to look at the

8 form and make sure it's got the appropriate

9 approvals; is that rig ht?

10 A. That's right.

11 Q. And the reason is you don't

12 went to be moving inmates around unless you've
13 got proper authority; is that right?

14 A. That's right.

15 Q. And they bring that form with

16 the inmate to the new assignment. And then at
1? the bottom of the form it says housing unit

18 of?cer verification. officer signature. When

19 they deliver the detainee to the new assignment
20 with the form, the receiving of?cer, for lack

21 of a better term, at the new assignment signs

Page 88
1 them to you Is going to take us twenty minutes

2 or half an hour. So I'm going to ask you a

3 long?winded question. If it's something you've
4 heard of, we'll get into the documents. get into
5 the heart of it. But if you have no idea. I

6 just don't want to waste time laying the

7 groundwork with a million documents for you to
8 tell me you've never heard of these events.

9
10 supervisor who was teaving the facility one

11 evening and was approached by a prior inmate who
12 was able to provide some information about the

13 attack on Mr. Wallace. Do you know anything

14 about that?

15 A. No.

16 Q. All right. Then I'm not going

17 to waste your time.

18 That got reported up the chain

19 of command. There's some email exchanges about
20 that, and was eventually, as you might imagine,

21 investigated by the Internal Investigative

There was a warden or a

 

Page 82
1 off at the bottom of the form; is that right?

2 A. That's right.

3 Q. So when we're looking at this

4 form when we see that this is one that the

5 receiving of?cer signed off on, we know that

6 this was the form as it appeared when it came
7 to, when the transfer was made because the
8 receiving officer has signed off. You following
9 me?

10 A. Umh-humh.

1 1 Q. Is that right?

12 A. That's right.

13 Q. Okay. in other words, what i'm

14 getting is this isn't like some kind of early
15 draft or something because if it was it wouldn't
16 have that receiving of?cer's signature,

1? correct?
18 A. Correct.
19 Q. All right. Now, I have some

20 documents that I can show you that I think would
21 suggest what i'm about to tell you. But showing

Page 84
1 Division. Do you know anything about that

2 investigation?

3 A. No.

4 0. Were you ever interviewed, to

5 the best of your recollection, by anybody with

6 internal Investigations as a result of what

7 happened to Mr. Wallace?

8 A. No.

9 Q. Did anyone before today. has

10 anyone ever pointed out to you the concerns
11 about the transfer of housing assignment form?

12 A. No.

13 Q. Were you aware of thattoday's the first day you're

16 seeing that?

17 A. Yes.

18 Q. Just by the look on your face,
19 it bothers you, right?

20 A. Yes, it does.

21 Q. It'd bother me, too. All

 

 

 

 



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LISA PORTEE July 02, 2018
WALLACE vs STATE OF MARYLAND 121?124
Page 121 Page 12

1 Section. So he may have been, I'm assuming, he 1 Q. Okay. I probably got a record

2 may have been down In Receiving waiting to go 2 on that, but --

3 upstairs to Section and then he went and got 3 MS. MULLALLY: Can i interrupt?

4 him from Receiving and took him upstairs. 4 MR. HANSEL: Sure.

Q. i see. So this sergeant, your 5 MS. MULLALLY: is that an

5
6 interpretation of events is that Sergeant Scipio
7 moved Wallace from one part of the building to
8 another part of the building?

9 A. Right.

10 Q. instead of 

1 1 A. 80 our escort -- ch.

12 0. That's okay. You're ?ne.
13 A. Our escort of?cer take him

14 over to BCDC, okay, l'm going to assume, he
15 probably put him in Receiving or down in a

16 Traf?c bullpen. They have a bullpen down by
17 Traffic. Put him in Traffic bullpen waiting to

18 go upstairs and then Traf?c will call Sergeant

19 Scipio and have him come and get him and say
20 this is where he's going and take him on up to 
21 Section.

6 exhibit or not?

7 MR. HANSEL: didn?t mark it,

8 but l'm happy to if you want to. Doesn't

9 matter.

10 MS. MULLALLY: No.

11 MR. All right. Let?s

12 go off the record fora minute.

13 (Discussion off the record.)

14 Q. (By Mr. Hansel) Over on the

15 BCDC side where these, where Mr. Wallace was
16 attacked, he was in (3?35, if that helps you
17 piece it, tell me about the surveillance

18 situation. What kind of cameras are there?
19 A. There aren't any cameras on the
20 tier. I think there?s a camera in the hallway,
21 but there's none on the section.

 

4 Receiving or the Traffic bullpen at BCDC, and
5 then goes from that area, 

6 bullpen to 

7 A. Right.

8 Q. And it was Sergeant Scipio who
9 took him on the last leg of that journey from
10 either Receiving or Traf?c to 

11 A. Yes.
12 Q. Okay. Got it.
13 And then he says there was also

14 assign transfer form from BCDC Traffic

15 transferring him to Building to Section and
16 that is reference to this Portee Exhibit No. 2?
17 A. Yes.

18 Q. And do you know at the time or

19 recall who the officer was who took him from 
20 to 

No.

Page 122 Pagefacing down the tier so
2 So physically, Mr. Wallace 2 that you can see 
3 leaves his cell at Ji, then goes to either 3 A. (Shaking head negatively.)
4 Q. at least movement in the

 

 

5 hall of the tier?

6 A. No. it's just in the hall to

7 see movement in the hall and then you go,
8 there's like a door that you go into the

9 section. No cameras in there. 
So there's no cameras at all in

10 Q.

11 Sectionseen a logbook from 

14 Section over at BCDG. It records things like

15 the comings and goings of inmates, any

16 disturbances, of?cers, you know, walking around
1? and checking the section. is there a similar

18 book at Jl or was there in 2014?

19 A. Each section has a logbook.

20 Q. Okay. 80 there's a logbook

21 and there'd be a logbook in the section where

 

 



21 A

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LISA PORTEE July 02, 2018
WALLACE vs STATE OF MARYLAND 129?132
Page 129 Page 131
1 Patterson knew enough to fill out this form 1 him. If I wanted to figure out who the of?cer
2 that 2 was. the transport of?cer, who moved this form
8 A. Something had to have been 3 around and then ultimately moved Mr. Wallace

4 something was going on for me to have fiiled
5 that out, for Lieutenant Patterson to have told
6 me to ?ll that out. Something had to been

7 going on.

8 Q. So Lieutenant Patterson's

9 information that she told you was that the

10 detainee was extorting other inmates for

11 commissary and phone privileges, right?

12 A. Right. She may have gotten it

13 from an officer. i'm not going to question her:
14 like how do you know? i don't -- you know, she
15 tell me to write it. I'm going to write it.

16 Q. lhearyou.

17 And you agree with me theft is

18 against the rules and an infraction, right?

4 around. where would that record be? What kind
5 of record would i be looking at? Am i looking

6 for the logbook at Jl? Would it be somewhere

7 else? How would I find that?

8 A. You would look for the schedule

9 for the days. what's called the PAWS, P-A-W-S.

10 Q. is that the computer program.
11 

12 A. Is that what that is?

13 Q. I don't know. You told me.

14 Don't let me put words in your mouth.

15 A. Well, it's called the PAWS. 

16 don't know what it means. but it's a schedule

17 that they fill in the names and where you're

18 going. what post you're going to assume for the
19 day, (indicating).

20 Q. When you were describing that

21 to me you held your hands up. moved your fingers

 

19 A. Yes.
20 Q. And you agree with me
21 threatening force against somebody else is
Page 130
1 against the rules, an infraction?
2 A. Yes.
3 Q. And you agree with me actually

4 using force against somebody else is against the
5 rules and an infraction, right?

6 A. Yes.

7 Q. Are you aware whether or not

8 Daquan Wallace ever was written up for any of
9 those things or anything?

10 A. No, I'm not aware. no.

11 Q. Ail right. And certainly if

12 Lieutenant Patterson had information sufficient

13 that he was extorting other inmates for

14 commissary and phone privileges that should have
15 led to an infraction, right?

16 A. Yes, it would.

17 Q. Alt right. If i wanted to

18 know -- earlier we talked about the fact that

19 Mr. Wallace leaves J1 and then goes to BCDC.

20 And you told me the couple of places he might

21 have ended up before that sergeant then moved

 

Page 132
1 like you were typing.
2 A. Yeah, I'm typing names in.
3 Q. So that leads me to think this
4 is probably on the computer?

5 A. Yes.

6 Q. That?s what I was asking.

7 A. But printed out.

8 Q. Yes, ma'arn.

9 A. Right.

10 Q. When you saw it, it was printed
11 out?

12 A. Right.

13 Q. But somewhere along the way it

14 was on a computer?

15 A. Right.

16 Q. All right. So there's a

17' schedule for that day. And that schedule for
18 your shift over at Jl would include an assigned
19 transport officer, is that how it works?

20 A. Yes.

21 Q. So i could look at December 18,

 

 

 

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LISA PORTEE July 02, 2018
WALLACE vs STATE OF MARYLAND 133?136
Page 133 Page 135

1 2014 in the PAWS printout for the 11 to 3 shift
2 and know who the transport, --

8 A. 7 -- oh, for the next shift.

4 Q. I'm sorry. For your shift.

5 A. For my shift.

6 Q. -- and know who the transport

7 officer was who would have held this form at

8 some point --

9 A. Yes.

10 Q. that's Exhibit 2; is that

11 right?

12 A. Yes.

13 Q. All right. And then likewise,

14 i could look at the same PAWS report for the
15 next shift and figure out who the transport

16 officer was that might have actually physically
1? moved him over; is that right?

18 A. Yes.

19 Q. Assuming that happened in that
20 shift. l'm not asking you to guess on that.

21 A. Now, as long as everything goes

1 that right?

2 A. That's right.

3 Q. And you don't remember any

4 complaints or concerns because you don?t

5 remember Mr. Wallace at allyou don't remember any

8 complaints or concerns he raised, do you?

9 A. No.

10 Q. And did you ever speak to 

11 don't have any reason to think that you did. but
12 l'li let you know that his mother, Nicole

13 Wallace, called a number of times and spoke to
14 folks. I think I know who she Spoke to, and 

15 don't think you were one ofthem, but i want to
16 ask. Did you ever speak to Nicole Wallace about
17 concerns she had about her son's safety prior to
18 these instances?

 

Page 134
1 accordingly. Now, if a situation arise and we

2 had to pull that of?cer to do something else,

3 need to get somebody else to do it. But if

4 everything is going smoothly, then yes.

5 Q. in the ordinary course when a

6 transport officer moves an inmate, do they ?le
7 an Information report just stating that they've
8 moved the inmate or notthere any other way other
11 than the PAWS scheduling system that I would
12 know who did the physical transfer from to

13 somewhere in BCDC of Mr. Wallace?
14 A. No.
15 Q. And you obviously, you've 

16 think you made this very clear. But just to

1? triple check because we've been talking,

18 sometimes people's memories will jog. You don?t
19 remember that transfer or Mr. Wallace or the

20 reasons for it or even anything that you wrote

21 on this form other than reading it todayyou know if Lieutenant

21 Patterson is currently employed by the State?
Page 136

1 A. I believe she still is.

2 Q. Where is Lieutenant Patterson

3 currently employed?

4 A. MTC.

5 Q. And do you know if Of?cer

6 Jackens or maybe some other right now1 but at
7 the time anyway, Of?cer Jackens Rene is still

8 employed by the State?

9 A. I don't know.

10 Q. And what about -- was it Betty

11 or Betsy Johnson? I apologize. What about

12 Warden Johnson?

18 A. I don't think she is.

14 Q. Do you know why she is no

15 longer employed by the State or what happened
16 there?

17 A. No.

18 Q. Did she just retire on her own

19 accord, or do you know?

20 A. l'm assuming. lreally don't

21 know.

 

 

 

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Nicole Wallace

 

 

Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
NICOLE WALLACE, et a1.
Plaintiffs,
v. Civil Action No.:

003?17?3718
MAYOR AND CITY COUNCIL,
BALTIMORE CITY, et a1.

Defendants.

 

 

Deposition of:
NICOLE WALLACE
a witness, called for examination by counsel for the
Defendant, taken in the above-entitled cause, before
Bryson Dudley, a Court Reporter and Notary in and for
the State of Maryland, pursuant to notice and
agreement as to time and place, on October 26, 2018,
at 300 East Joppa Road, Suite 1000, Towson, Maryland
21286, where were present on behalf of the respective
parties:
Veritext Legal Solutions
Mid?Atlantic Region
1250 Street NW Suite 350
Washington, D.C. 20005

 

 

 

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tabbies

 

 

Nicole Wallace

 

Page 22
1 Q. Well, I?m just seeing if you know. I?m
2 testing your memory to see if you know anything.
3 A. I don't know Ms. Johnson first name either.
4 When I talked to somebody named Ms. Johnson, she was a
5 warden.
6 Q. Okay. Do you know who Ricky Foxwell is?
7 A. No. 
8 Q. How about Ericka Shard?
9 A. No.
10 Q. How about Stephen Meyer?
11 A. No.
12 Q. Okay. Now, so you know a Ms. Patterson and
13 you know a Ms. Johnson?
14 A. Yes.
15 Q. Okay. And do you have any personal

16 knowledge about their connection, if any, to Daquan
17 Wallace?

Page 24
1 know you?re eager to answer my questions. Let me
2 ?nish the question and then you give me the answer.

3 A. Oh, I thought you was ?nished. Sorry.
4 Q. No.
5 A. I'm sony.
6 Q. That's all right. Now has any eyewitness to
?7 your son?s injury spoken to you about how he was
8 injured?
9 A. No.
10 Q. Did anyone tell you, I saw it, and this is
11 what went down?
12 A. No.
13 Q. Okay. Do you know of any eyewitnesses,
14 whether you've spoken to them or not?
15 A. Yes.
16 Q. Okay. Tell me about that.

17 A. Idon't know. I just heard that somebody

18 was arrested, got released, hung around outside of
19 where you get released at. When they seen a warden,
20 they walked to the warden, and told the warden what
21 happened to him. 

 

 

18 A. He was just in the same jail that they
19 worked.
20 Q. Other than that, do you have any details
21 about them --
Page you could give me?
3 A. Outside? Idon't get what you said.
4 Q. All right. So you say that they worked in
5 the jail where your son was.
6 A. Yes.
'7 Q. Do you know wha -- did they beats a

8 relationship with your son, as far as you loiew?

9 A. No. About me keep -- only relationship I
10 know of is me keep calling her.
11 Q. And when you kept calling, who were you
12 calling?
13 A. I was calling the warden, Ms. Patterson and
14 Ms. Johnson. They were the two that I was mainly
15 talking to.
16 Q. ow were the people you were calling, were
17 they a mix of males and females, or were they all
18 females to your best --
19 A. When I called the it was a mix before

 

20 they transforms.
21 Q. Now let me just go over another point. I

Page 25
1 Q. Okay. Now I'm not going to ask you -- if
2 your lawyer -- I don?t want to know what your lawyer
3 may have told you. Did you hear from anyone other
4 than your lawyer?

5 A. About that?

6 Q. Yeah.

7 A. I donlt remember who told me this.

8 Q. Okay.

9 A. Somebody I can't remember who told me

10 that. Ireally can't.
11
12 son in jail that day?

Q. Well, what do you believe happened to your

13 A. What I believe happened?

14 Q. Yes.

15 A. My son didn't want to join that gang

16 initiation. He done told me this several times.

17 Q. Okay.

18 A. And they attacked my 

19 Q. Okay. So you believe that he was injured

20 because he wouldn't join the gang?
21 A. Yes.

 

 

7 (Pages 22 --25)

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Nicole Wallace

 

 

 

- Page 26 Page 28
1 Q. Do you know the name of the gang, what kind 1 ?ghts?
2 of gang it is? 2 A. Only thing lknow he called me.
3 A. What is that, Black -- is it GB 3 Q. Okay.
4 Q, 1301:? 4 A. He would call me and tell me he was
5 A. Yes. 5 ?ghting.
6 Q. Black Guerrilla Family? 6 Q. All right. How would he call you?
7 A. Yes. 7 A. On the phone.
8 Q. Okay. Did you know anything about the Black 8 Q. All right. And when he called, do you have
9 Guerrilla Family before you had conversations with 9 a land line or your cell phone?
10 Daquan about it? 10 A. My cell.
1 1 A. No. Only like what you hear on the news. 11 Q. Did your son have money in his account or
12 Q. Okay. 12 did you take it as a collect call?
13 A. That?s all. 13 A. You got to have money on the account for a
14 Q. All right. Now did you know anything about 14 cell phone.
15 your son being targeted for rape or rapes? 15 Q. All right. Now how many times did he tell
16 A. Huh? 16 you that he was in fights because he wouldn't join the
17 Q. Rape. 17 gang?
18 A. Rape? 18 A. Multiple times. It was more than like 
19 Q. Yes, the crime of rape. 19 five or six times.
20 A. My son was charged with rape? 20 Q. And do you remember the dates that he told
21 Q. No, no, no. Do you know or do you believe 21 you this? You can start with the month and the year,
. Page 27 Page 29
i that someone was trying to harm you son by raping 1 if that helps.
2 him? 2 A. Okay. The first time he talk -- called and
3 A. No. 3 told me this was in October 2014.
4 Q. Did he ever tell you that he was being 4 Q. 2014.
5 targeted for rapes or sexual abuse in any way? 5 A. He called me and told me he was ?ghting.
6 A. No. 6 Three days later, he had called one, told me he was
7 Q. Did anyone ever give you any information 7 fighting. So it was like, probably like two or three
8 that says that he was targeted for rape? 8 times a week. Then a lot of times he wouldn't tell
And it's fair enough for me to -- the reason 10 Q. Okay. Now let's break that down. When your
11 I ask, it?s not thatI know this, it's that it's in 11 son says, says or said to you I'm fighting, what does
12 the complaint that was filed in this case. Audi 12 that mean to you?
13 wanted to know if it was true or if you knew it was 13 A. Fighting, put up your guard and you're
14 true. 14 swinging.
15 A. Somebody ?led that? 15 Q. Okay. So fist?ghtiug?
16 Q. I'll let you talk to Ms. Sutherell about 16 A. Fisl?ghting.
17 that. 17 Q. And did he ever tell you whethe who
18 A. No, I didn?t. 18 would start these fights?
19 Q. Okay. Now, Ithink, and you've sort of 19 A. They would. .
20 alluded to this before in the deposition. What do you 20 Q. When you say they, who do you 
21 know about your son Daquan Wallace being targeted for 21 A. The people in the jail.

 

 

 

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Ann (11-111 Ann Ann 

Nicole Wallace

 

Page 30

1 Q. So when you say the people in the jail, are

2 you talking about employees or detainees?

3 A. I don't know. I can?t say because I wasn't

4 there.

5 Q. All right.

6 A. But I know he's ?ghting the guys at the

7 jail. And it got to the point it was three or four on

8 him at one time.

9 Q. Okay. Now how do you know that it got to
10 the point that there were three or four on him at one

Page 32
1 he snitch, they was going to kill himyou know, he didn?t make a,
3 like, write a complaint or tell someone, but you did?
4 A. I don'tknow. Me, I know he told me.
5 Q. Okay. Now was your son, was he a good
6 ?ghter, as far as you know?
7 MS. SUTHERELL: Objection.
8 You can answer.
9 THE WITNESS: Daquan, yeah, he can ?ght.

10 He?s not a fighter. That's the thing about it. If he

 

 

1 time? 11 had to, yes. But he?s not a ?ghter.
12 A. When they Daquan called. me, my son never 12 BY MS. MULLALLY:
13 told me, ma, I don?t want to die. 13 Q. Did you ever see him in a ?ght?
14 Q. He never 14 A. When he was younger.
15 A. The ?rst time he told me this ever, ma, I 15 Q. All right. How old?
16 don't want to diehere. I'm 16 A. He was probably like 14 -- 13 or 14.
17 tried of ?ghting. 17 Q. And where did you see him ?ght?
18 Q. When did he tell you thisRight in the neighborhood with friends.
19 know? 19 Q. Okay. Now the complaint mentions that he
20 A. This is in November. 20 had bruises on his face in November of2014. Did you
21 Q. Of 2014? 21 see any bruising on his face in that month?
Page 31 Page 33
1 A. Of 2014. 1 A. I can?t say what month that I saw bruises.
2 Q. So he called you on the phone, and that's 2 I can't remember exactly. You say in November?
3 one of the things that he told you? 3 Q. Yes.
4 A. Yes. 4 A. When I seen Quan he had bruises.
5 Q. Okay. Do you know if he reported this to 5 Q. All right. And when you say when you saw
6 correctional officers or jail administrators or wrote 6 him -- and you call him Quan, I take it?
7 it in a grievance or anything like that? 7 A. Daquan. I?m sorry. Yes.
8 A. No. And I hassled him about it. 8 Q. Okay. When you saw him, tell me what you
9 Q. You hasslecl him about it? 9 saw on his face or on his body?
10 A. About opening his month. And he would tell 10 A. Marks.
11 me, they already told me if I tell somebody they was 11 Q. Where?
12 going to kill me. 12 A. I seen marks. I seen a mark on Daquan's
13 Q, Okay. 13 neck, his face, when I went to -- when I came to visit
14 A. So that's when I really started calling back 14 him one time.

15 to back.

16 Q. Okay. New, so when he told you they said
17 that if he told anyone they would kill him, who is
18 they?

19 A. The guys in the jail. This is what he said.
20 I guess, the rest of the inmates that he was

21 ?st?ghting with, somebody told him if he open -- if

 

15
16 marks come in all sorts of sizes, shapes and color.
17
18 from ?ghting.

19 Q. All right. Describe what the mark on his
20 face looked like. Was it a bruise? Was it a cut?
21 Was it a knot?

Q. And when you say they were marks, I mean,

A. I asked him where it came from. He said

 

 

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"an. A-rln An- na-n

Nicole Wallace

 

 

Page 34 page 35
1 A. It wasn't no -- oh, God, he had so many 1 A. Eva?
2 bruises and knots when I seen on him, I can't 2 Q. No. Madison.
3 remember. 3 A. Madison. You got to go up all the steps.
4 Q. What about on his neck? Can you remember 4 That's the one I went to. Yes.
5 that? 5 Q. Yes.
6 A. Uh-uh. I can't. 6 A. Yes, yes.
'i Q. All right. Did he tell you the names or the '7 Q. Okay. Was it a -- again, was it a contact
8 descriptions ofthe people who were ?ghting with him? 8 visit where you could touch him or was it behind a
9 A. No. When I talked to him on the phone, a 9 partition of some sort?
10 lot of times he couldn?t talk; other people was 10 A. I don't think we could touch over there. I
1 1 around. 11 can?t -- I don't think we could touch over there.
12 Q. What about when you visited him? Did he 12 Q. Okay. Now do you remember the dates that
13 give you any names? 13 you went to Visit him?
14 A. No. When I go to visit him, my other 14 A. No.
15 youngest kids was there. So he won?t try to worries 15 Q. Okay. Let me see if I can help you. This
16 them with that. 16 will be Exhibit 2.
17 Q. Okay. Well, let me ask you this. When you 17 (Exhibit 2 marked for
18 go -- when you went to visit him, was it a contact 18 identi?cation.)
19 visit where you can touch one another or be face-to- 19 BY MS. MULLALLY:
20 face, or was it behind a glass partition? 20 Q. This is a document, a jail archive document.
21 A. I know -- what?s the name of the street 21 And now the printing is very ?ne. If you look about
Page 35 Page 3?
1 again? Madison? 1 two-thirds of the way down, it says inmate history
2 Q. Madison Street? 2 record. And it has visitors. You see that?
3 A. I think, I believe it's Madison. We was 3 A. Yes.
4 like behind a gate. 4 Q. Okay. Do you recall visiting him on
5 Q. Okay. 5 October 3rd, 2014? The date has the year first
6 A. When we was on -- not Milton -- what's that, 6 followed by the month and the day.
7 Madison? What's the street that Central Booking is 7 A. Oh, yeah. I know I went to see him like two
8 on? 8 or three times.
9 Q. Madison, 300 East Madison. 9 Q. Do you recall going with Ms. Winder on
10 A. All right. Okay. When we was over there I 10 October 3rd?
11 can't remember if I don't think with me any time? She might have
12 I can't remember if we we couldn't touch. I 12 been with me one time.
13 don?t no, we couldn't touch. 13 Q. Okay.
14 Q. Okay. What about I know times I think it was me and my
.15 what we call the Jail Industries Building, which was a 15 mother or me. I'm sorry. Okay.
16 dormitory setting. Did you visit him there? 16 Q. All right. Do you recall Ms. Winder
17 A. On Madison Street? 17 bringing him some socks and some under clothing?
18 Q. Yes. 18 A. Yes.
19 A. Yes. 19 Q. Now do you remember visiting him, it looks
20 Q. On the other side of Madison from Central 20 like it?s the following weekend or a week later, on

 

21 Booking.

21 October 11, 2014?

 

 

 

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Ali-Aid ?Ann (In A?tln?'nn

"Inn EH1 n:1n nnan

Nicole Wallace

 

 

 

Page 58 Page 60
1 (Off the record at 3:20 p.111.) 1 Where are my -- oh.
2 (On the record at 3:24 pm.) 2 BY MS. MULLALLY:
3 MS. MULLALLY: I am realizing that I -- 3 Q. That was good. That?s a winner.
4 we've been looking at some papers, but I had not 4 All right. Is that last character, is that
5 marked them for identi?cation. And we will do that. 5 a 
6 We'll make that Exhibit 3. 6 A. Yes.
7 (Exhibit 3 marked for 7 Q. Did you mean when you wrote that, did you
8 identi?cation.) 8. mean section?
9 MS. MULLALLY: Do you want a sticker? 9 A. No. I never wrote it cut, so I can't
10 MS. SUTHERELL: That?s okay. I'll mark it 10 even 
11 on the front of this page. 11 Q. Okay. ?She going to put him in P.C. but he
12 MS. All right. And that's the 12 was put in You don't know what that means?
13 whole packet. 13 A. No.
14 So, Mr. Stenographer, did you get the ?rst 14 Q. Okay. Did you know that your son was moved
15 part of the packet? Did you copy that? 15 to section, and that's where he was injured?
16 COURT REPORTER: N0. 16 A. I can't remember exactly which section.
17 MS. All right. Iwill -- remind 17 Q. Okay. All right. Now let's look at the
18 me, and I?ll give that to you. 18 next page. It says today is December Slst.
19 BY MS. MULLALLY: 19 A. Okay.
20 Q. All right. Now let's look at the page that 20 Q. All right. Now this page that says Sonja
21 starts with "So on November 19, 2014, I call down to 21 Young at the top.
Page 59 Page 61
1 the jail," all right, and talked to Ms. Patterson, and 1 Yeah.
2 she said she didn't like the way Daqnan's looked. 2 Q. Sonja Young. Does that say 1043, .9 
3 Do you know what date you wrote this? 3 A. Yeah, that's what it says.
4 A. I can't remember. 4 Q. Do you know what that means?
5 Q. Okay. Now 5 A. No. I can't remember.
6 COURT REPORTER: I'm sorry. I didn't hear 6 Q. Okay. Does it say -- I know that says
7 the response. 7 Warden Peay. Below that is it Reko? Beko?
8 THE WITNESS: Ican't remember. 8 A. Rake.
9 COURT REPORTER: I just want to make sure I 9 Q. What?s Relco?
10 get it on the record. 10 A. That's my cousin name 
11 THE WITNESS: I'm sorry. 1 1 Q. Okay. So but th at?s not connected to this
12 COURT REPORTER: That?s all right. 12 case?
13 BY MS. MULLALLY: 13 A. No.
14 Q. Let?s look at the last page or the last 14 Q. All right. Now it says 10.22/14, Captain
15 sentence. It says but he was put in is that a 15 Dennson or Pennson 10:43?
16 A. I don't even have my glasses on. Idon't 16 A. Yeah.
1? know. P.C. Oh, you said was it a [can't 17 Q. Okay. What do you mean by writing "She not
18 remember what that -- I didn't write it all the way 18 talk over the phone"? Do you know what that means?
19 out. 19 A. She not talking over the phone. No.
20 MS. SUTHERELL: Do you have your glasses? 20 Q. Okay. So she wouldn't talk to you over the

21 THE WITNESS: I?m looking for my glasses.

 

21 phone? All right.

 

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:1an

run

?nh nit-I1?

Ann. 

 

Nicole Wallace

 

 

 

Page 66 Page 68
1 A. Yes. 1 A. No.
2 Q. Okay. 2 Q. Which was it?
3 A. Yes. 3 A. I can'trernember.
4 Q. And do you agree that you signed it under 4 Q. Okay. But to your knowledge, was your son's
5 oath? 5 socket broken on any day prior to the day that he
6 A. Yes. 6 was seriously injured and had to go to the hospital?
7 Q. Okay. Now if you look at paragraph 4. It's 7 Did he have a broken socket before then?
8 got a 4 there. It says, "When I spoke to Defendant 8 A. I Was told he never had a broken socket.
9 Patterson she acknowledged that Daquan was visibly 9 Q. Okay.
10 injured and needed medical assistance." 10 A. She told me that it was fractured. That's
1 1 Do you remember the date that you spoke to 11 when Ms. Patterson called me back and told me that his
12 Tamara Patterson where she said Daquan that she 12 socket wasn't broken.
13 said I know Daquan is injured and he needs medical 13 Q. Was not broken?
l4 attention? 14 A. Was not broken.
15 MS. SUTHERELL: May I -- her referencing 15 Q. Okay. All right.
16 MS. MULLALLY: Oh, sure. 16 A. It was just fractured.
17 MS. SUTHERELL: .. Exhibit 3? Q. And did you make this record on November the
18 MS. MULLALLY: It?s her record. 18 19th?
19 THE WITNESS: Now can you 19 MS. SUTI-IERELL: Objection. Asked and
20 BY MS. MULLALLY: 20 answered.
21 Q. Answer -- ask it again? 21 You can answer.
Page 67 Page 69
A. Ask the question, please. 1 BY MS. MULLALLY:
2 Q. Okay. When I 31301: do you remember what 2 Q. Did you write this on November the 19th?
3 day that you spoke to Tamara Patterson and she 3 A. Yes. WheuI talked to her.
4 acknowledged that Daquan was hurt and needed medical 4 Q. You're sure of that?I
5 assistance? What day did she tell you that, if you 5 A. I talked to her November 19th.
6 know? 6 Q. Okay. But my question is what day did you
A. I talked to her November the 19th. I 7 write this?
8 called -- 8 A. The day that I talked to Ms. Patterson. So
9 Q. How do you know it was November 19th? 9 it had to be November the 19th.
10 A. It's on my paper, and that?s when I called. 10 Q. Okay. Thank you.
11 Q. Show me the paper. 11 Now tell me about each and every
12 A. She said she didn't like the way his eyes 12 conversation you had with Tamara Patterson about your
13 look. 13 son Daquan. And when I ask you this, I want, if you
14 Q, Okay. 14 can give me, dates, times, who else was on the phone.
15 A. She called me back and told me how his 15 And just do your best. Remember we're here, I'm
16 socket wasn't broken but it was fractured. That's 16 trying to find out what you know and what you don't.
17 what she said. 17 MS. Objection.
18 Q. Now was -- the socket wasn't broken but 18 You can answer.
19 it was fractured. Is this the injury that he had when 19 THE WITNESS: I can't give you too many
20 he was in court or is this the injury that he 20 dates. I don't have too many dates.
21 sustained when he was attacked on December 18th? 21 BY MS. MULLALLY:

 

 

 

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Nicole Wallace

 

Page 70

 

Page 72

 

 

I Q. Okay. I A. Yes. I only talked to one time on the
2 A. When I ?rst found out, that's when I 2 speaker phone, and that was just about his eyes.
3 started calling. I wasn't keeping notes in October. 3 Q. Okay. Who else -- now if it was on speaker.
4 Q. Okay. 4 that means was there a third person there?
5 A. I talked to -- I can't even give you a time. 5 A. It was her and Daquan.
6 I didn't I can't even give you no time. 6 Q. Okay. So tell me about that conversation.
7 Q. Okay. Can you tell me about how many times What did you say? What did she say. What did Daquan
8 you talked directly to Tamara Patterson about your 8 say?
9 son?s safety? 9 MS. SUTI-IERELL: Objection. If you know.
10 A. About -- 1, 2, 3 -- about three or four. 10 MS. MULLALLY: Yes.
11 Q. Okay. And when did these conversations 11 THE WITNESS: Italked to her. She said she
12 start? 12 didn't like the way his eyes looked and she was
13 A. October. 13 sending him to the doctor. She wanted to make sure
14 Q. And when did -- when was -- so about when 14 that his socket?s not broken, and she?ll call me
15 was the last conversation that you had with Tamara 15 back once he come back to her office.
16 Patterson? 16 BY MS. MULLALLY:
A. My last conversation? Q. Okay. And was how do you know that
18 Q. Yes. 18 Daquau Wallace was right there in the of?ce with her?
19 A. December. 19 A. Because he talked before your son was seriously 20 Q. What did he tell you?
21 injured or after? 21 A. He didn't say so much. I can't remember.
Page 71 Page T3
1 A. After. 1 But he didn't say so much.
2 Q. Now when you -- 2 Q. Well, did he talk at all?
3 A. After he was injured. You asked me the last 3 A. Yes. That's how I -- yes. He said ma. I
4 time that I talked to her. December. This was after 4 remember that.
5 he was injured. That was like the last conversation 5 Q. He said ma what?
6 that we had. 6 A. Ma. Buti can't remember what.
7 Q. Was that after he went to the hospital? 7 Q. What do you think he meant by saying ma?
3 A. Let me go back. I'm wrong. Italked to her 8 A. Speaking.
9 while he was in the hospital. So that?s not true. I 9 Q. Okay.
10 talked to her while he was in the hospital. 10 A. Speaking.
1 1 Q. Why did you talk to her while say anything about his eye?
12 hospital? 12 A. No. Ms. Patterson did the talking.
13 A. So my mother so my immediate family can 13 Q. Did he say anything about being in a ?ght
14 come into 14 or being injured in a ?ght?
15 Q. Okay. 15 A. While Ms. Patterson was sitting there?
16 A. I talked -- yeah, so my immediate family can 16 Q. Yes.
17 come into the hospitalunderstand. Now you say in your had gotten the injury
19 af?davit, Exhibit 4, that at no time did you have a 19 While MS. Patterson was in the room with him?
20 conversation with Ms. Patterson while Daquan Wallace 20 A. No.
21 or any other person was in the room on speaker phone. '21 Q. And the date of this conversation to the

 

 

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19 (Pages 70 - '73)

 

 

Nicole Wallace

 

Page T4
1 best of your knowledge was, what, November 19th?
2 A. 2014.
3 Q. Okay.
4 A. Best to my knowledge.
5 Q. Now do you ever remember Ms. Patterson

6 calling you with your son in the room and talking to
?7 you about what your son said about whether or not he

8 wanted to go to protective custody?

Page '36
1 A. Yeah.
2 Q. Okay. So you told me about one of them, it
3 was concerning his eye.
4 A. Yes.
5 Q. All right. And I asked you if you
6 remembered another one?
7
8

A. No. Not for sure. Ican?t remember.
Q. Okay. Is it possible that there was another

 

 

9 A. No. I don?t remember none of that. 9 conversation about your son?s safety with
10 Q. Say that again. 10 Ms. Patterson where he was present?
11 A. No, ma'atn. I do not remember none of that. 11 A. No. I can't remember.
12 Q. Okay. Now 12 Q. Okay. You can't remember.
13 MS. SUTHERELL: Wait for her question. 13 Do you ever remember your son saying that he
14 BY MS. MUILALLY: 14 wasn't afraid in the jail?
15 Q. Is it possible that that conversation 15 A. No. I remember Quan say he can't tell
l6 happened and that you don?t remember? 16 nobody. That's what he told me.
17 A. Ms. Patterson ain't talk to me about that 17 Q. He can't?
18 while Quart was there. 18 A. He can't tell nobody.
19 Q. I?m sorry. Say that again. 19 Q. Okay.
20 A. No. 20 A. About anything that's he's working on.
21 Q. No what? 21 That's the only time he said he was afraid.
Page 75 Page 77
1 MS. SUTHERELL: lust slow down. Ifyou 1 Q. All right. Did he say he couldn't tell
2 need, she can repeat the question. 2 anybody -- were you included, or was be telling you
3 BY MS. MULLALLY: 3 that he couldn't tell anyone else?
4 Q. Yes. This it's not a test. It?s -- and 4 A. He was telling me so I can be a mother and
5 I know this is dif?cult for you. I'm just trying to 5 do whatI had to, make phone calls.
6 find out what you know. Again, it's information 6 Q. All right.
7 session. Think of it as that. All rightactually go out and talk to
8 MS. MULLALLY: Now, is it possible, 8 somebody, they was threatening him.
9 Mr. Stenographer that you could read back the last 9 Q. All right. As far as you know, did your son

10 question?
11 COURT REPORTER: Yes. May have to take a

12 break and do it.

13 MS. MULLALLY: Okay.

'14 (Off the record at 3:43 p.1n.)

15 (On the record at 3:47 p.111.)

16 BY MS. MULLALLY:

17 Q. Ms. Wallace, I was asking you about a three-

18 way conversation, any three~way conversation that you
19 had with Ms. Patterson where it was Ms. Patterson, -
20 your son, Daquan Wallace, in the same room, and you on

21 the telephone.

 

10 get medical attention for his when he the 

1 1 injury that he sustained when he that he had when
12 he was in court and you were there with his mother?
13 Do you know if he ever actually saw adoetor or nurse

14 about that eye?

15 A. I can't remember that. I can't remember.
16 I?m not for sureremember Tamara

18 Patterson calling you back and saying this his 
19 socket was not broken?

20 A. Right.

21 Q. Do you know how she would know that?

 

 

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Nicole Wallace

 

 

 

 

Page 82 Page 84
1 Q. Okaythink I -- I don't know her -- I only know 2 Q. Now do you know why this is a basic
3 Cook. That's her son. 3 question.
4 Q. Do you know what your son was charged with 4 A. Yes.
5 when he was in jail in 2014? 5 Q. Do you know or do you have a belief about
6 A. I know he went in her house, supposed to 6 why your son wouldn't want to join the 
7 been taking multiple things. '7 MS. SUTHERELL: Objection.
8 Q. Taking her possessions from the house? 3 You can answer.
9 A. Right. That's what was said. 9 THE WITNESS: Quan, he's not a ?ghter.
10 Q. Okay. Now do you know -- do you have any 10 He's a lover.
11 information that -- I'm going to read you a list of 11 BY MS. MULLALLY:
12 names, and what I want to know is whether or not you 12 Q. Okay.
13 knew them to be members of the BGF or af?liated with 13 A. That's -- he already said to me before he
14 the BGF. All right. Here's the names, and you've 14 don't want to hurt nobody like that.
15 heard them before. Jackens Rene? 15 Q. Now you said from time to time in this
16 A. No. 16 deposition, you've used the name Quan.
17 Q. Karen Moore? 17 A. Oh, Daquan. I'm sorry.
18 A. Idon't even -- no. 18 Q. All right. Well,just let's just make the
19 Q. Okay. Lisa Portee?? 19 record clear. You call your son Quan also?
20 A. No. 20 A. Yes. I'm sorry.
21 Q. Tamara Patterson? 21 Q. That's all right.
Page 83 Page 85
1 A. No. 1 Do you have any knowledge or any information
2 Q. Betty Johnson? 2 about correctional of?cers or wardens or
3 A. No. 3 administrators or even that list of names that I keep
4 Q. Ricky Foxwell? 4 reading to you, do you know why they would want to
5_ A. No. 5 retaliate against your son for not joining the 
6 Q. Ericka Shard? 6 . MS. SUTHERELL: Objection.
7 A. No. 7 You can answer.
8 Q. Dr Stephen Meyer? 8 BY MS. MULLALLY:
9 A. No. 9 Q. Can you think of any reason why --
10 Q. Okay. Now do you know anything about gangs? 10 A. No. I couldn't think of none. No.
11 A. Only what I hear on TV. 11 Q. Now did your son have ajob, ajailjob? In
12 Q. Okay. 1.2 other words, did he work for a ecuple hours sweeping
13 A. And what's like, you know, when people be 13 ?oors or cleaning or doing anything in thejail?
14 talking. 14 A. He never told me if he did.
15 Q. Do you what would be if you know, what 15 Q. What -- did he tell you anything about other
16 would be an advantage of joining a gang, if you happen 16 detainees in the dormitory where he lived?
17 to be in prison or jail? A. Nothing about like -- nothing but just about
18 A. I wouldn't know. 18 fighting.
19 Q. Do you know what would be a disadvantage? 19 Q. Okay.
20 A. Notjoining? 20 A. About him in the ?ghts.
21 Q. Yes. 21 Q. Did he ever say that he was -- had been

 

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Nicole Wallace

 

Page 86

1 accused of taking someone else?s cornmissary?

Page as
to people who were housed in his dormitory prior to

2 the date that he was seriously injured?

 

 

 

2 A. He never told me that.

3 Q. Did he ever tell you that he had been 3 A. No.

4 accused of, if you will, picking on people? Not 4 Q. Did any people that had been housed with him

5 ?ghting them but, you know, picking on them, picking 5 ever talk to you, call you?

6 at them? 6 A. Somebody called me on a three-way for him,

7 A. My son? 7 but I didn't conversate with nobody like that.

8 Q. Yes. 8 Q. Okay. What about after your son was

9 A. No. 9 injured?

10 Q. Okay. Do you remember the last can you 10 A. Anybody call me?

i 1 tell me the last date that you talked to your son 11 Q. Yes. Did anyone call and say, hey,

12 before he was seriously injured? 12 Ms. Wallace, Iwas in the dorm with your sen --

13 A. I can't give you a date. I don't knowOkay. 14 Q. All right. Do you know anything about how

15 A. He was in the process of being moved. 15 your son was seriously injured on December 18, 2014?

16 Q. Do you still have the same -- well, let me 16 Now this is personal knowledge.

ask -- let's back up. He was in the process of being 17' A. Only what the hospital told me.

18 moved. Tell me about that, what yen know. 18 Q. What did the hospital tell you?

19 A. When I talked to the warden alter she seen 19 A. You could see that -- you could tell they

20 his face, she said, whether he want to go or not, I'm 20 stomped his face.

21 going to move him. 21 Q. You could tell that someone had stomped on
Page 8? Page 89

1 Q. And did she say where she was going to move 1 his face?

2 him? 2 A. Yes.

3 A. PC. 3 Q. Okay.

4 Q. What's your understanding of 4 A. You see all the footprints on his face.

5 A. Protection. That's my understanding. 5 Q. Okay.

6 Q. Okay11s was laying in the bed,

7 A. Because I asked for it. 7 nobody never checked. He was out of oxygen, without

8 Q. All right. And. do you know whether or not 8 oxygen, oh, my gosh, more than 10 minutes.

9 your son wrote a request to go to protective custody? 9 Q. Okay. Do you know was -- you said he was
10 A. I don?t know. 10 lying in bed. Did anyone tell you whether he would
11 Q. Do you know if he was ever asked to write a 11 have been injured while he was lying in bed or
12 request to go to protective custody? 12 somewhere else, it?you know?

13 A. Was he ever asked to write? 13 A. No.

14 Q. Yes. '14 Q. Have you ever had any contact with year

15 A. He can't even spell. So I don?t know. 15 son's cellmate when he went to section?

16 Q. Did you do you know whether or not your 16 A. No.

17 son rejected going to protective custody? 17 Q. Now i?m going to ask yen some questions now

18 A. Not to my knowledge. 18 about your son after the injury.

19 Q. Is it possible that he did? 19 A. Okay.

20 A. I'm 1101' for sure. 20 Q- When so you said that he lives with you?

21 Q. All right. Did you -- have you ever talked 2.1 A. Yes. 

 

 

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rann EH1 nz?ln ?Ah 

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Page 90 Page 92
I Q. When did he come home? 1 A. I exercise him. I stretch his legs. I
2 A. When he come home? 2 stretch his body.
3 Q. When did he come home from the hospital? 3 Q. Okay. Is he itchy?
4 A. I can't give you exact date. When he came 4 A. No. I stretches, you know, stretches his
5 home -- because when he came home he was always rushed 5 legs and arms.
6 back for Code Blue. 6 Q. Oh, you stretch?
7 Q. What does Code Blue mean? 7 A. Stretch.
8 A. He couldn't breathe. 8 Q. Okay. Is that something you do because it?s
9 Q. All right. Did he have -- well, can you 9 therapeutic, it helps him?
10 tell me when he came home the ?rst time, can you tell 10 A. So his body won't lock up.
11 me what season it was? If he was injured on 11 Q. All right. So he -- you say you change him.
12 December 18, 2014, how long was it before he got home 12 So he's not continent?
13 for the ?rst time? 13 A. No, he wear diapers.
14 A. He left General Hospital and went to Bon 14 Q. Can he speak?
15 Secours (mumbling) -- 15 A. Not clearly.
16 Q. You have to use words. 16 Q. What are some words he can say that you
17 A. No. I'm thinking. 17 understand?
18 Q. Yesknow we got we all got snowed in the 19 Q. Does he say that when he wants you to help
20 hospital down Bon Secours. 20 him or to be with him?
21 Q. Okay. 21 A. Yes. Yes.
Page 91 Page 93
A. So that's where Ihis vision, if you know?
2 Q. All right. Was it after that that he was 2 A. He wear glasses now.
3 released? 3 Q. Okay.
4 A. I'm not for sure. I think it was either 4 A. So his vision is bad.
5 January or February. 5 Q. All right. But, for instance, he's not 
6 Q. Okay. 6 is he -- he's not blind, is he?
?7 A. I'm not for sure. 7 A. No.
8 Q. Now tell me about give me a snapshot in 8 Q. Does he have any therapists that come the life of your son. He lives 9 him, come to your home to assist in his care?
10 with you. Tell me about from his ?rst waking moment. 10 A. Not no more. Not no more.
11 A. I get up 5:30 Monday through -- Monday 7 11 Q. When he did have therapists that came to
12 days a week, I get up 5:30. 12 your home, what kind of therapists were they and how
13 Q. Okay. 13 did they help him?
14 A. Change him, bathe himwas all three: physical, occupational,
15 bed, put him in his chair. Well, put his clothes on, 15 and -- physical, occupational, and speech.
16 then put him in a chair, feed him. 16 Q. And how long did he have therapists
17 (Pause) 17 assisting him?
[8 BY MS. MULLALLY: 18 A. I think he only allowed with his insurance
19 Q. We can take a break, but I am going to ask 19 like 4 ?ve visits, I believe, ?ve or six visits.
20 you questions about his condition now, and I?m sorry 20 Q. Okay.
21 to ask them. 21 A. Then you got to do the whole process over

 

 

 

24 (Pages 90 - 93)

Veritext Legal Solutions
215-241-1000 610-434-8588 302-571-0510 202-803-8830

 

 

E:

In the Matter Of:

 

NICOLE WALLA CE, ET AL
VS.
STATE OF MARYLAND, ET AL

 

ERICIQI NICOLE SHIRD
June 22, 2018

- 

 

- 





221:: 

EXHIBIT

 

ERICKA NICOLE SHIRD - 06/22/2018

Pages 46..49

 

 

Page 46 Page 48

1 yourself and you've mentioned Of?cer Rene. What 1 nicknames?

2 other COs were there, or CO IIs that worked that 2 A No.

3 section? - 3 You were talking to me earlier about the

4 A I was there by myself that day. 4 process for moving a prisoner, if somebody was going
5 Well, no, I understand that, but at that 5 to go, for instance .11 to MCD, there was a request

6 time who else worked in that section, in general? 6 put in by J1 and signed off by --

7 A Any officer that they would assign to the 7 A 

8 See?on. 8 (2 Ihnsorry?

9 And how many of?cers, how big was that 9 A 
10 pool? Was it ten possible people? 50? Do you 10 Yes. I'm sorry. The men?s side?
11 know? 11 A Yes.

12 A I don't know how many employees. Any CO 12 There was a request put in, if there was a

13 II, I can't -- I don?t know how many employees were 13 request put in at JI, how would that request more
14 there at the time. We come to work in the morning 14 through the process? What was the administrative
15 and get our assigned posts. So. 15 process for that?

16 Okay. And was, before and after this 16 A All I know is the only person that can
17 incident, had the person that you hand?off to in the 17 have somebody transferredafternoon changed a lot or was it usually Of?cer -- '18 supervisor, which I consider lieutenants or above.

19 A It was different people. 19 Okay. And then when the person --I think
20 Okay. All right. Who else did you 20 you told me when the person arrives -- I think you
2] hand-off to for the afternoon, other than Of?cer 21 told me that somebody on your tier had to sign?

22 Rene at the time? 22 A If I was working on the tier, when an

Page 47 Page 49

1 A It could have been any of?cer, I cent 1 officer would bring the detainee to the tier and

2 remember every of?cer that relieved me. It could 2 they would have to have a transfer.

3 be any of?cer on shift. 3 Okay.

4 Okay. All right. And do you remember the 4 A And that transfer 

5 names of any other of?cers, besides Rene, who 5 Okay. I've got one here. Is that like a

worked shift? 6 transfer of housing assignment document?

7 7 A 
8 What do you mean that worked right there? 8 the person to process, it would have to have a I

9 A 9 
10 Okay. And what about who did you take 10 not supposed to accept them.

11 over from in the morning? 11 And then the of?cer on the tier would

12 A I don?t remember that either. 12 sign at the bottom where it says "officer's

13 Do you remember anybody you ever took over 13 signature"?

14 from, say in, during that time period in 2014? 14 A Yes, sir.

15 A No. I'm sorry. No. 15 Okay. All right. And then that would be
16 And was there an Officer Sheraton or 16 the officer who was accepting custody of the

17 Sheridan who worked there? 17 prisoner?

18 A Not that I know of, no. 18 A Yes, sir.

19 All right. Did anybody have that 19 Got it. And then after that, did the

20 nickname, Sheraton or Sheridan, something like that? 20 transfer of housing assignment go back to the ..
21 A Not that I know of. 21 where did Okay. Have you ever gone by any 22 A To the Traf?c of?cer.

 

 

 

 

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ERICKA NICOLE SHIRD - 06/22/2018 Pages 54. 

 

 

 

 

Page 54 Page 55

at Ji? 1 A No. Not for just talking back. It would

2 A Yes. 2 have to be like actual assault or verbal assault

3 Okay. All right. Was there a procedure 3 like, something like that.

4 or a habit at the facility of transferring prisoners 4 Okay. All right. So that kind of thing

5 out of .11 over to MDC for disciplinary, you know, to 5 wouldn't lead to a transfer or any time in

6 discipline them since MDC is not as desirable? 6 segregation?

7 A What do you mean like discipline? 7 A I'm sorry. No.

8 Well, if a prisoner was a problem, was one 8 And then what about misconduct like trying
9 of the ways of disciplining the prisoner for any 9 to take other prisoner's commissary or phone

10 particular problem to transfer them to MDC, which is 10 privileges or something, is that the kind of thing
11 less desirable? 11 that would lead to time in segregation?

12 A I know if they had gotten into a ?ght 12 A Yes.

13 they would transfer inmates and things like that, 13 Okay. All right. But not a transfer?

14 but they normally put them in look-up if there are 14 A No.

15 issues like 15 Okay. And the -- did you know or have any
16 All right. And what kind of, what kind 16 experience with an inmate by Joseph Beatty?

17 of -- I understand beds were relatively scarce in 17 A Not that I know of.

18 the facility; is that right? It was pretty crowded? 18 Okay. I'll show you a picture to see if

19 A Idon't remember how crowded it was. I 19 it jogs your memory. Does that gentleman look
20 don't remember the exact count on this section. 20 familiar to you at all?
21 Okay. And you said earlier you were 21 A No.

22 explaining to me what might lead to a transfer. You 22 Okay. Did you generally know the

Page 55 Page 57

1 said a fight. Anything else that might rise to a 1 prisoners that were housed in Section?

2 level to cause a transfer? 2 A Only if I was working there a period of

3 A I know 11 was supposed to be held to a 3 time, if they were there for a while, I would

4 certain level of like maximum, medium. If they ?nd 4 remember them, yes.

5 out someone was maximum, they may have moved them 5 Okay. How common were gang af?liations

6 back over there, things like that. 6 in Section around the time of this incident,

7 Okay. So if they are misclassified or a 7 December of 2014?

8 ?ght, anything else that might lead to a transfer? 8 A They were common throughout the jail as

9 A None that I know of, no. No. 9 far as Ilmow.

10 Okay. And other disciplinary issues were 10 And what, what -- was there a gang that

11 ordinarily dealt with by putting them into 11 had the most members? I know there was a lot of BGF
12 segregation for a period of time? 12 activity or there were others. Is there one that

13 A Yeah. Uh-huh. 13 had the most members in the jail?

14 Is that a yes? 14 A I don't what do you mean by memories?

15 A Yes. I?m sorry. 15 The most gang members. In other words --

16 0. You're doing good. All right. 16 A Oh. Members. I thought you said

17 So if a I'm just going to give you some 17 "memories."

18 examples. If an inmate was talking back to guards 18 I'm sorry. Members.

19 or not wanting to do what the guards tell them to 19 A I've known of both. I've been there for a

20 do, that's the kind of thing that would lead to a 20 while, so I've known that they've had a lot of

21 period in segregation instead of a transfer; is that 21 Bloods within there, a lot of BGF. I've known of

22 right? 22 both.

 

 

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ERICKA NICOLE SHIRD - 06/22/2018

Pages 70..73

 

 

Page 70 Page 72

1 A Yes. 1 Okay. And then -- then at 4:08 it says

2 Okay. What time is 1530? 2 detainees Pulley and Tillman came out for recreation
3 A I -- that's 3 :30. I'm sorry. 3 with their belongings, stated they were what does
4 And then it says: "Initial security round 4 that say? Scared on section?

5 conducted, all appears safe." Do you see that? 5 A That's what it looks like.

6 A Yes. 6 Okay. "Detainees pulled but by"? Can you
7 Okay. And then since 1530 was 3:30, 1600 7 make that out?

8 is 4; is that right? 8 A No.

9 A Yes. 9 Okay. All right. And then at 4:30 there
10 Okay. So at 4:00 p.111. the east top was 10 was another security round conductet "all appears
11 out for recreation. Do you see that? 11 safe and secured." Do you see that?

12 A Yes. 12 A Yes.

13 All right. What does out for recreation 13 Okay. And what does a security round
14 mean? 14 consist of? Do you go both east and west, both top
15 A The east top tier came off of passive rec. 15 and bottom, and look into each cell physically?
16 Where do they go? What do they do? That 16 A You walk the tier. Go ?om the front to

17 kind of thing? 17 the hack of the tier, and then back up.

18 A They come out, go in the day room, or use 18 And it requires you to actually visually

19 the phones or take a shower. 19 look into each cell; right?
20 All right. Where was Was that east 20 A Yes.
21 or west, top or bottom? 21 Okay. All right. And the cells are
22 A I think it was east. Yeah. Ibelieve it 22 designed so that when there's somebody in there,

Page '11 I Page 73

1 was east. 1 there's not a place to hide or anything or a closet,

2 Okay. So 035 is east. Is it top or 2 you can see the person; right?

3 bottom? 3 A Yes.

4 A It would have been the top. 4 Okay. All right. And then there's an

5 Okay. All right. So at 4:00 G35 5 entry there at 1640 that looks like different

6 would have been out for recreation? Is that right? 6 handwriting. Do you recognize that handwriting?

?7 Since it says, "east top out for rec"? 7 A No.

8 A Yes. 8 All right. Can you make out what it says?

9 Okay. Now, was it unusual just for one of 9 A No.

10 the sections, one of the rows like that to be out 10 Meaning at 1700 it looks like it goes back

11 for recreation? 11 to Officer Reno's handwriting, he does security

12 A Was it unusual? 12 rounds at 1700, 1730. Do you see those?

13 Yeah. 13 A Yes.

14 A No. 14 Okay. Now looking at this and comparing
15 Okay. All right. Did they -- in other 15 it with other similar documents, including your time
16 words, was it only one, either east top or east 16 there earlier, this looks like he's documenting a

17 bottom or west top or west bottom, one at a time out 17 lot of security rounds?

18 for rec? Is that how it was normally done? 18 A Yes.

19 A Yes. 19 Okay. And you would agree with me this is

21 another security round at 4:05. Do you see that? 21 right?

22 A Yes. 22 A Yes.

 

 

 

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ERICKA NICOLE SHIRD - 06/22/2018

Pages 86..89

 

 

Page 36 Page 88

1 A No. I move anything inside the jail or to or from the

2 That would be Kenneth Faison. Did you 2 jail?

3 know a detainee Dean Reese who was known as BlackWere you ever aware of anyone else moving
5 Did you know a detainee, Jermaine 5 things, any other employees moving things in or out
6 Mitchell? 6 of the jail for 

Tony Clifton? 8 Do you know if there were consequences for
9 A Say it again? 9 prisoners who refused to join gangs? In other

10 Did you know Tony Clifton, a detainee? 10 words, would the gangs attack them or do things like
11 A No. 11 that?

12 What about Brandon Miller? 12 A I?ve heard of it, yes.

13 A No. 13 Do you know - I apologize if I asked you
14 What about Terrell Fields? 14 about this one. I can't remember. Did you know an
15 A No. They could all -- I just don't 15 detainee named Louis Dukes?

16 remember the names. Like I can't remember the name 16 A No.

17 of every detainee that was on every section that I 17 How well did you know Warden Johnson,

18 worked. 18 Betty Johnson?
19 Do you remember any of the names from 19 A Other than she was the warden, I didn't
20 Section? 20 know her. Nothing about her.
21 A No. 21 Did you have any friends on the, who were
22 What about Dominic Evans, who went by 22 corrections officers at the time?

Page 8? Page 85

1 Flatliue? 1 A Say it again?

2 A No. 2 Did you have any friends who were

3 What about Derron Johnmn, who went by 3 corrections of?cers at the facility at the time,

4 D-Nice? 4 people you saw socially outside of work, that kind

5 A No. 5 of thing?

6 What about Louis Dukes? Do you know that 6 A Yes.

7 detainee? 7 Okay. Who were your friends who were

3 A No. No. 8 correction of?cers?

9 Do you know if any of the people who 9 A Amy Lee.

10 attacked Mr. Wallace were prosecuted? 10 Okay. Who else?

11 A To my knowledge, they didn?t know who did 11 A That was pretty much it. I didn't at

12 it, 12 that time I didn't talk to a lot of my oo-workers,

13 Have you ever seen the CIR report where 13 like outside of work.

14 there's a witness who identi?ed, who was an 14 Did you ever see any inmates or former

15 eyewitness to the attack and identi?ed three of the 15 inmates outside of work?

16 people that I named for you today as the attackersDid anyone from the Internal Investigative

18 Did anybody from CIR ever tell you or 18 Division or the State?s Attorney?s Of?ce or the FBI
19 ever tell you why they weren't going to prosecute 19 over contact you in connection with what happened to
20 these people? 20 Mr. WallaceWere you ever asked by any BGF members to 22 After -- you mentioned to me the day after

 

 

 

 

Epiq Court Reporting Solutions - Washington, DC

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OFFICE OF INMATE HEALTH SERVICES

SITE: 
COMPLETED BY: Nyotta, RNP 12/02/2014 7:24 AM

 

PATIENT: DAQUAN WALLACE
DATE OF BIRTH: 08/22/1994

DATE: 12/02/2014 7:24 AM

VISIT TYPE: Provider Visit-unscheduled

 

Reason/s} for visit
ALTERCATIDN this is 20 old male who was brought for evaluation due to altercation by other Inmates

inmate sustained left pertorbitei bruises and left conjunjuotiva hemorrahage. inmate state he has pain on
his left when he open to light 4-5/10 and irritation due to light and aiso complains of left 2 nd digit finger pain
and no brusing or swelling noted. he also has left shoulder abrasion. he denies of any loss of consciousness.

last tetanus shot was 1 yr agodeneis of any chest pain, dizziness or palpitation or any other injuries

Chronic Problems

 

Asthma NOS
Allergies: .
Allergen/Ingredient Brand Reaction:

No Known Drug Allergies

The patient is a tobacco user.

 

Vital Signs
3mg Temp Route Position gilt; . Method Pulse Pattern
7:31 AM 108/72 sitting 

Time Resp Pulsegzr PulserArnb Timing PeakFlow liming Method
18 98

Buggies! exam

Constitutional: No apparent distress. Well nourished and well devei?oped.
Eyes:

L-e?
Conjunctiva: redness/erythema.

Respiratory: Normal to inspection. Lungs clear to auscultation and persuasion.
Cardiovascular: Regular No murmurs. gallops, or rubs.
lntegumentary:

Comments: left lower lip inside laceration, left periorbital bruised no swelling noted. left shoulder bruised
Muscuioskeletal:

Comments: 2nd digit finger tender. no swelling . no abrasion ..oan flex and bend with mild pain .
Extremities: Extremities appear normal. No edema or oyanosis.
. Neurological: Alert and oriented.

Assessment! Plan
Injury Nee/nos (959), 

Medications new. active or stopped this visit:

 

Brand Name Dose Sig Codes gtert Date Stop Date EXHIBIT
2993245 WALLACE. DAQUAN 1/2

LL

Ciloxan
Tylenol

Triple Antibiotic

Office Services

Statue
completed
completed
completed
completed
completed
completed
completed
completed
- completed
completed
completed

12/020014 12/08/2014
121023014 12i08I2014
1210212014 12l02/2014

0.3 ?*See dose
325 Mg 2P0 TID PRN
3.5 Wig-400 Unit-5,000 Untii'grarn

QM Reason interpretation Valgg
Apply cold compress to the affected area

apply patch at all times due to sunlight

education provided and test offered

Increase ?uid intake

increase ?uid intake

Patient education provided and patient voiced understanding
Patient education provided and patient voiced understanding
pt cleared to go to court

RTC it get worse

RTC if get worse

Take new medication as prescribed

To be scheduledlordered

 

Status ?gagon assessment Timefremg Appointment
ordered Rad Exam Flngede) Mini 2 View 959 12i02l2014
Referrals
Status Physician . Timeframe
Appointment 
ordered Referral to Opthemoiogy Eve! and Treat
12i02i2014 .

Provider: Nyotta, RNP RNP

Document generated by: Nyotta, RNP 12i0212014 7:54 

2993245 WALLACEDAQUAN 08/22/1994 2I2

 ur' C. T1 

SITE: 
COMPLETED BY: Eunice, Ebo, RN 12I02I2014 6:01 PM

Patient Name: DAQUAN WALLACE
992993245
903: 08/2211994

 

Patient presenting with chief complaint{e)of: irritation from light.

Vital Signs:

 

gate lime Temp Eglee Eigtterg Reeg Pattern g5; ?9422 Beets Flow
12it32i20?l4 6:03 PM 9?.6 7?0 regular 16 moms

HEENT

Subjective:

Date of On set: 12/02/2014.
Result of injury? Yes.
Associated complaints of:
Burning? Yes.

Blurred vision? Yes.

iwes hit in the in the morning and light is irritating my eye.?

Objective:



Vision change? Yes.
Conjunctive normal? No.

Pt is aox3 presents with olo above and already has an order for patch to prevent light irritation.

Assessment:

Alteration in comfort.

Related to: injury or problem.

Plan patch given prescribed drop supply was given to him by Med Nurse. RTC if ex persists.

Plan:

EDICATIONS

Brand New; peace Sig Codes Start Date ?tog Dlte

Ciloxen 0.3 deeo 12/08l20'l4

Tylenol 325 Mg 2P0 TID PRN 12(032014 

Triple Antibiotic 3.5 Wig-400 Unit-5,000 Unitigram 12l02l2014 12l0212014

Provider: Mohammad Saleem. MD
Document generated by: Eunice Ebo. RN 12(02i2014 6:09 PM

WALLACE . DAQUAN 08f22f1994 1 1

X-RAY REQUISITION

SITE: 
COMPLETED BY: Nyotta, RNP 12l02/2014 7:24 AM

X-RAY REQUISITION

 

Patient name: DAQUAN WALLACE

Address: JAL

2993245

Fas?ng:
Call results:

Instructions: Please take this requisition to the X_Ray department.

Ordgr 0): Code Diagnosis
73140 Rad Exam Finger(s) Mini 2 View 959 Injury Necinos

Ordered by: Nyoita, RNP RNP
Date: 1302/2014 7:24 AM

X-RAY REQUISITION
SITE: BGBIC

COMPLETED BY: Tyeisha Powell, Clerk (12/02/2014 7:24 AM) 12/03/2014 3:30 PM

X-RAY REQUISITION

 

Patient name: DAQUAN WALLACE

Address: JAL 

2993245

Fas?ng:
Call results:

Instructions: Please take this requisition to the X_Ray department.

QEI Order Dx Code Diagnosis
73140 Rad Exam Finger(s) Mini 2 View 959 Injury Nee/nos

Ordered by: Nyotta, RNP RNP
Date: (12/02/2014 7:24 AM) 12/08/2014 3:30 PM

 

 

In'tcmreied 1w: Lnbih Sved. 01?

Readings?

. Date Exam Read: 12/5/14

In?erpretation: right 2nd digit

Frontal and lateral images demonstrate no evidence of an
acute fracture, dislocation or subiuxation. Alignment is
anatomical.

Impression: No acute disease.

 

 

OFFICE OF INMATE HEALTH SERVICES

SITE: eceic .
COMPLETED BY: Tadeie Alemu. PA 0910912014 10:00 PM

Patient Name DAQUAN WALLACE
992993245

DOB 08(22!1994

DATE 09i09i2014 10:00 PM

 

HEALTH ASSESSMENT

 

Reasonisl for visit

1. initial physical exam. A 20 yo AAM presents for initial physical examination with PMH of dental
caries, asthma. iightirape and sleeping d/o. inmate complains of runny nose, sneezing and nasal
congestion for the last 4 days but denies lever, chill or cough. Denies also CP, HTN.
seizure dio. diabetes. HIV. alcohol, SAISIIHNHI or recent injuries.

Nursing Comments

Social Histom
Marital Status 1 Family! Social Support

Currently single.

Tobacco
Patient is a tobacco user, Type: cigarettes. quarter pack(s) per day. Years of use: 6. Cumulative

exposure: 2 pack years. .

Alcohol
There is no histow of alcohol use.

Allergies

Allergies:
No Known Drug Allergies

Review of Systems
Constitutional: No fever. fatigue. or night sweats.

HEENT: No vision changes or headaches. No hearing loss.

Respiratory:

Comments: Asthma.

EXHIBIT

8

   
 

08/221i994 H4

  

Cardiovascular: No chest pain or palpitations.

Vascular: Negative for claudlcation.

Gastrointestinal: No vomiting, diarrhea. constipation. or pain.

Genitourinary: No dyeuria or hematuria.

MetaboliciEndocrine: No poiyuria. poiydipsia. or polyphagia. No cold/heat intolerance.


Comments: Sleeping dlo.

Muscuioskelotai:

Comments: Injury to right elbow sip surgery when 12 yo per patient.

Hematology: No bruising or bleeding.

immunology: No known food or environmental allergies.

Vital Signs

QB lamp Pul?? Beep Bate tit lg Wt Lb Pain Score
1 17(83 98.2 59 19 70.0 150.0
Comments

Physical exam
Constitutional: No apparent distress. Wail nourished and well developed.

Head 1 Face: Normocephalic.
Eyes:

E9131

General condition is normal.
Lidllash: normal.

No injection.

No lcterus.

Lat
General condition is normal.

Lid/lash: normal.
No injection.
No icterus.

Visual Acuity
03 20130

OD2OI3O

Ears:
Right Unrsmarkabie to inspection. External ear normal to palpation. Finns normal to Inspection.

Hearing grossly intact.
WALLACE, DAQUAN 08/22/1994 2 I4

Lift. Unremarkable to inspection. External ear normal to palpation. Pinna normal to inspection.
Hearing grossly intact.

Nose! Mouth i Throat: No nasai deformity. Mucous membranes normal. Tongue and throat appear
normal. No mucosal lesions.

Neck i Thyroid: Supple. without adenopeihy or enlarged thyroid.

No palpable cervical. supraclavicular. or axillary adenopathy.
Respiratory: Normai to inspection. Lungs clear to auscultation and percussion.
Cardiovascular: Regular No murmurs. gailops. or rubs.

Vascular: Well perfused. Carotid. femoral. and pedal pulses are normal.
Abdomen: Soft. non-tender. without organomegaiy or masses.
integumentary: No impressive skin lesions are present.

Back i Spine: No kyphosis or scoliosis.

Musculoskeietaiz

Comments: Old scars on right elbow.
Extremities: Extremities appearnormei. No edema or cyanosis.
Neurological: Aiert and oriented.


The patient's affect is normal. The paitent is negative for anhedonia. is not anxious.

Assessment! Pian

Health examination (V705)

Asthma N08 (493.9). Chronic.

Allergic Rhinitis Acute.

insomnia NEG (780.52). Chronic.

Plan comments: Oraiideniai exam done and education given. No kitchen work.

Medications new. active or stopped this encounter
Start Date Stop gate

Brand Name Dose Sig Codes 
Albuteroi Sulfate His 90 Puffs 2 PO 09i0912014 10/09/2014
Benadryl 25 Mg 25 MG PO QD. 09/09i2014 09113i2014
Tylenoi 325 Mg 650 MG PO BID 092099014 
Office Services
gates Order Season interpretation yams
completed Hepatitis 0 information and Foltow up given
completed HIV education provided
completed Instructions on How to Access Heaith Services given
completed Oral hygiene education provided
. Recurring Orders
masses: 0me End. Date
Monitor vital signs?Peek Flow 1 it per week 1 Month 1010932014

To be schedulediordered

Status Qrder Reason Timeframe Appointment

ordered Monitor vital signs?Peek Flow ?380.52 091099014

ordered Schedule chronic care clinic Respiratory V705 1 Month

09f0912014

Lab Studies

Status Lao Stung Timeframe 
Qomroecta

ordered Rapid Plasma Reagin (RPR). Qualitative
09.09.6201 4

Referrals

Status Physician Timeframe
Moment

WALLACE.DAQUAN 08/22/[994 3/4

ordered Placement - Genera! population
ordered Referral to Eva! and Treat
09109/2014

Provider: Tadele Alemu, PA
Document Generated by: Tadele Ale-mu, PA 09I09l2014 10:23 PM

08/2211994 4/ 4

STATE OF MARYLAND v. DAQUAN WALLACE
BEFORE JEFFREY M. GELLER, Judge

December 2, 2014

 

STATE OF MARYLAND,

DAQUAN WALLACE,

Defendant.

?k 4: 4r 7%

IN THE

CIRCUIT COURT
FOR

BALTIMORE CITY

114272010

x?x?nex?x?x-x?x-x?x-x-

1k 7k ?r it 71:

TRANSCRIPT OF OFFICIAL PROCEEDINGS

(Plea Hearing)

BEFORE: THE HONORABLE JEFFREY M. GELLER, JUDGE

HEARING DATE:

APPEARANCES:

For the State:

For the Defendant:

Transcriptionist:
AAERT Cert. No.:

Transcription
Service:

December 2, 2014

u?on? 

Adam Chaudry, Esquire, ASA
Jeffrey Finucane, Esquire, ASA

Jerome LaCorte, Esquire

Kelly A. Taylor


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Baltimore, Maryland 21209
Fax: 667?210?2925

Proceedings recorded by digital media with video,
transcript produced by transcription service.

 

 

 

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abbies'

EXHIBIT
0



paid :STATE OF MARYLAND V.

December 2, 2014

DAQUAN WALLACE

BEFORE JEFFREY M. GELLER, Judge

 

 

Page
Bench Conference 3
Plea offer declined 13
Case set for trial 13
WITNESSES: RD RC
State:
None offered.
Defendant:
None offered.
EXHIBITS: MARKED ID RECD
State:
None offered.
Defendant:
None offered.

.4

TABLE OF CONTENTS

 

 

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STATE OF MARYLAND v. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

I 

(On the record 10:06:06 

MR. CHAUDRY: Calling the State of Maryland
versus Daquan Wallace. This is case number 114272010.
Assistant State?s Attorney Adam Lee Chaudry. I'm standing
in for my colleague, Mr. Jeffrey Finucane.

MR. LACORTE: Good morning, Judge Geller. For
the record, Jerome LaCorte on behalf of Daguan Wallace.
Your Honor, may we briefly approach in this case?

THE COURT: Yes.

BENCH CONFERENCE
(Bench Conference begins 10:02:40 
(All Counsel approach the bench where the following
ensuesz)

THE COURT: Good morning.

MR. LACORTE: Good morning.

MR. CHAUDRY: Good morning, Your Honor.

THE COURT: Mr. Chaudry. Okay.

MR. LACORTE: Judge, I would just like to make a
record here. I know it?s not your policy to adjust bails
at reception court.

THE COURT: It was briefly until I was slapped on
the wrists and told not to do that.

MR. LACORTE: Somebody really. Well, Your

Honor, I just would like to point out, I went to visit Mr.

 

 

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STATE OF MARYLAND v. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

Wallace on Friday, he had a cut on the side of his head.

THE COURT: Umwhum.

MR. LACORTE: And he told me he?s being abused by
other inmates. This morning he?s got a big black eye.
The bail in this case is $75,000. His mom is here, she
had expected to be able to bail him out. She said she
could bail him if it was reduced to $45,000. I'm just
worried for his well being. He's 20, he turned 20 in
August. He?s on a bail to Judge Williams for the VOP. I
think that bail is $75,000. I?m not asking you to adjust
that one. But if you could adjust this one, the family
could afford to get him out. And I just would like to
make that record, I?m concerned for his safety.

THE COURT: Well, can we work this whole thing
out today?

MR. LACORTE: With the probation, I don?t think
it's I don?t believe it's likely. The State?s offer
increased from one year, it was one year at arraignment
and it?s gone up to seven, for whatever reason. And I
don?t say that in a critical way, but 

THE COURT: Let?s see. He?s got one prior. Am I
right here? So the same is it a plea deal all the
same?

MR. CHAUDRY: They?re two different cases, Your

Honor.

 

 

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STATE OF MARYLAND V. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

MR. LACORTE: I?m sorry, Your Honor. At the
arraignment it was two years. And I think did the
State discovery something or 

MR. CHAUDRY: I'd have to defer to my colleague
on it.

THE COURT: Let?s see here. Security, possible
intruder. She activated the live feed. Oh, that?s pretty
fancy.

MR. CHAUDRY: There's actually a picture in this
case, Your Honor. I don't know. I mean, this is just
one. I don?t know how many other pictures there are.

All right.

MR. LACORTE: Yeah, that?s the one I have. I
only have the one.

THE COURT: Um-hum.

MR. LACORTE: There was some film footage I
thought, wasn?t there?

THE COURT: At that time Ms. Cook called a
neighbor. Then --

MR. CHAUDRY: Again, Your Honor, I?d defer to Mr.
Finucane.

THE COURT: Shortly Mr. Ritter had observed
the Defendant walk Up the stairs in the house. He
proceeded down Rosewood Avenue. The police apprehended

the Defendant based on the description. In his

 

 

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STATE OF MARYLAND v. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

possession, a Playstation controller, video games, and a
cell phone. Also taken from the home but not recovered,
two Ipod. And Mr. Finucane's in trial or 

MR. CHAUDRY: Well, Your Honor, I believe he was
sent out yesterday to start something in front of Judge
Carrion. But I don't believe it was a trial, I think it
was just a motions hearing. So I would have to hold this
over. If someone else could stand in (inaudible 10:06:12)
Judge Carrion (inaudible 10:06:17).

THE COURT: According to this, Seth Giller and
Ms. Morgan Xavier are in trial with Judge Carrion.

MR. CHAUDRY: They are set to start, but I
believe Judge Peters sent Mr. Finucane early this morning
just for the sole purpose of the motions hearing with, I
believe it was Mr. Andrews.

THE COURT: It says ASA Jeffrey Finnegan.

MR. CRAUDRY: That?s close, Your Honor.

THE COURT: I see that. So you have very limited
information. You don't know if Ms. Cook, the victim, is
here?

MR. CHAUDRY: I do know that he and I briefly
Spoke about this case. I mean, as far as recommendations
go, I understand Defense?s concern for his client. Folks

that do the crime even find jail as an unforgiving place.

.The concern I have is that Mr. Kennedy was on probation at

 

 

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STATE OF MARYLAND v. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

 

the time.

THE COURT: Um?hum.

MR. CHAUDRY: We?re not talking for a simple
possession of narcotics. Robbery deadly weapon, there?s a
separate murder in the first, low and behold, this is
another burden to face. And just from what I?m reading
and what I know about it, it?s probably a stronger we face
than, you know, we normally get.

THE COURT: Um?hum.

MR. CHAUDRY: So I would just say, and I?d advise
Counsel, I know he wanted to put this on the record. Just
if he?s looking for a bail review, just put it in
(inaudible 10:07:36).

MR. LACORTE: And I certainly will do that. I
just -- Your Honor, I mean, the Court can see.

THE COURT: I saw it, yeah.

MR. LACORTE: Right. I mean, it?s obvious. And
like I said, Friday when I went to see him at jail, he was
bleeding from the cut on the side of his face, which is
now healed.

MR. CHAUDRY: The only other thing I can say to
that, just with my own experience in dealing with 
they can either put him in segregation, or if he is housed
at BCDC, sometimes they move inmates that are susceptible

to violent attacks by male inmates, over to the witness

 

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STATE OF MARYLAND V. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

 

wing.

THE COURT: So he's 20-years?old. It looks like
he spent a good part of 2013 in jail waiting for that
trial.

MR. LACORTE: I think those cases were probably
pleaded on the same day, weren?t they?

THE COURT: Yes, it looks that way.

MR. CHAUDRY: They were. It was a package.
Everything (inaudible 10:08:42), Your Honor.

MR. LACORTE: It looks like the one was indicted
the day after the other one from the case numbers. You
don?t know whether they were part of the same case?

MR. CHAUDRY: Based upon the case numbers. they
would not be the same case. Your Honor, if you want if
Your Honor's trying to work something out, I would rather
defer to Mr. Finucane on this one. Mr. Wallace could be
brought back down, Mr. LaCorte?s free. I know Mr.
Finucane has a case set at 11:00. He really didn?t give
me any indication as to he would be back. I mean, I'm
just trying to cover for him.

THE COURT: Sure. I understand. Mr. LaCorte,
what else do you know about Mr. Wallace?

MR. EACORTE: Well, Your Honor, he is, like I
said, he?s 20, he was working at, or tells me anyway, that

he was working at Walmart at night, trying to get his GED.

 

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STATE OF MARYLAND V. DAQUAN WALLACE
December 2, 2014' BEFORE JEFFREY M. GELLER, Judge

 

His mother is present in court today. He attended school
through the eleventh grade at Mervo. He was working at,
before that, he was working at Little Caesar?s at
Reisterstown Plaza, one of those shaker board people that
you see.

THE COURT: Um?hum.

MR. LACORTE: Lives with his grandmother. He
suffers from lead poisoning, he's not able to read. His
girlfriend had a baby on September 1st.

THE COURT: He can't read, but he?s trying to get
his 

MR. LACORTE: Well, he's trying. He's 

THE COURT: Okay.

MR. LACORTE: So I?m, frankly, not ready at this
point to go to trial today. I need to do a little further
investigation.

THE COURT: All right, why don?t we do this. Do
you believe Mr. Finucane will be here at 11:00?

MR. CHAUDRY: Your Honor, I can in between I
can maybe walk down to Judge Carrion. I mean, she's in
this courthouse, just to find out what the status is. The
case could be disposed of by now (inaudible 10:11:13).

THE COURT: True. I?d like to see if potentially
we could figure something out today.

MR. LACORTE: Your Honor, may I ask is it the

 

 

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10

STATE OF MARYLAND V. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

 

Court?s practice to contact other judges to see if
probation would be transferred?

THE COURT: I?m happy 

MR. LACORTE: That's the one piece of this I?m
not clear about.

THE COURT: I?m happy to call Judge Williams.
And he's typically pretty amenable to transferring if we
can work something out.

MR. LACORTE: Very well. I appreciate it. I?ll
be here at 11:00 then. If Mr. Finucane can be here.

MR. CHAUDRY: I know he has a case at 11:00, but
that?s with Ms. Shapiro.

THE COURT: So why don't we do this. Do have
other things on the docket this morning?

MR. CHAUDRY: I have one case in front of Your
Honor that I'm standing in for Ms. Mantagna.

THE COURT: All right. Would you mind doing the
having that little exercise of going down to the second
floor?

MR. CHAUDRY: I?ll stretch the legs, Your Honor.

THE COURT: All right. So for now, just step
back.

MR. LACORTE: Thank you, Your Honor.

THE COURT: And we?ll wait and see what Mr.

Finucane?s status is.

 

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STATE OF MARYLAND v. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

 

MR. LACORTE: Thank you.
MR. CHAUDRY: Thank you.
(Bench Conference concluded 10:12:16 
(Off the record 10:12:16 
(Session resumes 10:35:57 
MR. CHAUDRY: Your Honor, when the Court?s ready,
if I could recall briefly Daquan Wallace.
THE COURT: Yes.
MR. CHAUDRY: This is case number 114272010.
Assistant State?s Attorney, Adam Lee Chaudry, for the
State. Again, I?m standing in for my colleague, Mr.
Jeffrey Finucane.
MR. LACORTE: Jerome LaCorte on behalf of Daquan
Wallace, Your Honor. I'll waive his appearance just for
the purposes of this.
THE COURT: All right.
MR. LACORTE: I understand Mr. Chaudry 
MR. CHAUDRY: Your Honor, thanks for the Court?s
patience, it took me a little while. They just started.
It?s highly unlikely they?re going to be done before
11:00. Mr. Finucane did advise me the State's witness
are, or the victims are, on call, 100 percent available.
Mr. Finucane that if the Court would consider holding this
matter til 2:00, he would be available by then.
THE COURT: 2:00?

 

 

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12

STATE OF MARYLAND v. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

 

MR. LACORTE: I?ll be here, Your Honor.

THE COURT: Okay.

MR. CHAUDRY: Thank you, Your Honor.

THE COURT: And I can, in the I?ll, in the
meantime, call Judge Williams and see if he's willing to
transfer to try to work something out.

MR. LACORTE: Thank you, Your Honor.

(Off the record 10:36:58 
(Session resumes 02:43:20 

MR. FINUCANE: Your Honor, if I may recall the
Wallace matter.

THE COURT: Yes.

MR. FINUCANE: State of Maryland versus Daquan
Wallace. Case number 114272010. Jeffrey Finucane for the
State.

MR. LACORTE: Jerome LaCorte for Daquan Wallace.
Your Honor, may I put the Court?s offer on the record?

THE COURT: Yes.

MR. LACORTE: Mr. Wallace, you understand that
during the lunch break Judge Geller called Judge Williams,
spoke to him about your two probations. You have two
probations to Judge Williams, you?re backing up 12 years
and six months in each case. Judge Geller has extended a
plea offer for the first?degree burglary in this case and

for the two violations of probation. The sentence would

 

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STATE OF MARYLAND v. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

 

be a total of 18 months to serve. You would get credit
for the time you've already served. Do you understand
that?

MR. WALLACE: (Affirmative nod)

MR. LACORTE: The offer is, if you plead to the
first-degree burglary in this case, the sentence would be
15 years, suSpend all but 18 months, three years
probation. And Judge Geller has agreed to give you 18
months concurrent on each of the two VOPs. Do you
understand that?

MR. WALLACE: Yes. 

MR. LACORTE: If you were to accept that plea,
you?d have a total sentence of 18 months. You?d be given
credit from September 2nd of 2014. Now, do you wish to
take advantage of that plea offer or not??

MR. WALLACE: (Negative nod).

MR. LACORTE: Speak up, please.

MR. WALLACE: No.

MR. LACORTE: He doesn?t wish to take the Court?s
offer, Your Honor.

THE COURT: Okay, Mr. Wallace. And he does
understand that there?s no court available to try the case
right now, so he?s going to be waiting for another couple
of those months?

MR. LACORTE: Do you understand that, Mr.

 

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14

STATE OF MARYLAND v. DAQUAN WALLACE
December 2, 20l4 BEFORE JEFFREY M. GELLER, Judge

 

Wallace? I trial date that the State and I have been able
to select is February 26th, do you understand that?

MR. WALLACE: Yes.

MR. LACORTE: And it?s your desire to postpone
the case and come back in and have a trial?

MR. WALLACE: (Affirmative nod).

MR. LACORTE: Very well. Thank you, Your Honor.

THE COURT: Okay. We?ll try it. I will say this
to Mr. Wallace and Ms. Wallace. If he changes his mind
before the end of the month, contact my chambers. I'll
keep it open til the end of the month.

MR. LACORTE: Thank you, Judge Geller.

THE COURT: Then it will be out of my hands,
because I?ll be on the civil docket.

MR. LACORTE: Thank you, Your Honor.

THE COURT: All right. The case is postponed,
February the 26th, Part 46, 9:30.?

MR. LACORTE: Thank you, Judge Geller.

(Off the record 02:46:42 

 

 

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15

STATE OF MARYLAND v. DAQUAN WALLACE
December 2, 2014 BEFORE JEFFREY M. GELLER, Judge

 

 

CERTIFICATE

This is to certify that the proceedings in the
matter of State of Maryland versus Daguan Wallace, Case
Number 114272010, heard in the Circuit Court for Baltimore
City on December 2, 2014, was recorded on digital media
with video.

I hereby certify that the proceedings, herein
contained were transcribed by me or under my direction.
That said transcript is a true and accurate record to the
best of my ability and constitutes the official transcript
thereof.

In witness thereof, I have hereunto subscribed

my name on this let day of April, 2017.

    


Sherry R. Miller, President

 

 

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STATE OF MARYLAND v. DAQUAN WALLACE

 

 

 

 

 

 

 

 

December 2, 2014 BEFORE JEFFREY M. GELLER, Judge
Page 16
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STATE OF MARYLAND V. DAQUAN WALLACE

December 2, 2014

BE FORE

JEFFREY . GELLER,

Judge
Page 17

 

 

 

 

 

 

 

 

 

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STATE OF MARYLAND v.

DAQUAN WALLACE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

December .2,r 2014 BEFORE JEFFREY M. GELLER, Judge
Page 18
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410-466-2033



ACCUSCRIBES TRANSCRI PT ION SERVICE

667?210?2925

 

STATE

OF MARYLAND V.

DAQUAN WAL LACE

 

 

December 2, 2014 BEFORE JEFFREY M. GELLER, Judge
Page 19

tells 8:24 7:2,9 9:6 15:12 13 25,6
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410?466n2 033

2:1 .

ACCUSCRIBES TRANSCRI PTION SERVICE

1106-. 



 

667?210?2 925

 

In the Matter Of:

NICOLE WALLA CE, AL

VS.

STATE OFAMRYLAND, ETAL

 

TAMAM PA TERSON

June 2018

 

 

 



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EXHIBIT

ID 

 

TAMARA PATTERSON

05/21/2018 Pages 22..25

 

 

Page 22 Page 24

1 A That's my understanding. That it was shut 1 All right. And when you heard these

2 down because it wasn't feasible for inmates to be 2 rumors, as a lieutenant, you were -- what year was

3 housed there any longer. 3 this, just roughly?

4 Because of the physical structure? 4 A I don't remember the year that I don't

5 A Yes. 5 remember exactly what year that was.

6 Any other reasons? 6 Well, you left in '15.

7 A No. 7 A Right. Iknow it wasn't long before I

8 Was there any problem during your tenure 8 left, but I don't remember the exact year.

9 there with gang activity in the prison, to the extent 9 So probably would have been ?14 or '15, is

10 that prisoners cooperated with guards and guards 10 that your recollection?

11 cooperated with prisoners to perform criminal conduct 11 A [know it wasn?t '15, so, it could have

12 there? 12 been'l4.

13 A Yes. 13 All right. And when you heard out about

14 When did you first become aware of that 14 these issues, you were obviously a lieutenant at the

15 during your tenure? 15 time?

16 A It was right before they came in to arrest 16 A Uh-huh.

17 the of?cers who were involved with the inmates. 17 I should have warned you. Because we are

18 All right. And how did you find out? 18 in a deposition, she's taking everything down, so,

19 A There were people talking about it. You 19 whereas normally I know what you meant when you said
20 know, of?cers, other of?cers. Like rumors going 20 uh?huh --

21 around that this was going on. 21 A Yes.
22 Okay. And what were the rumors exactly? 22 Make sure you say yes or no, if that what
Page 23 Page 25

1 What did you hear prior to the arrest actually taking 1 is you mean, so she can take it down. I'll go over a

2 place? 2 couple ground rules, because that alert: me to the fact
3 A That there were certain of?cers involved 3 that you might not have had time to go over them

4 with one particular MV. 4 earlier with anybody else.

5 And when you say "involved with?" 5 So, I'm obviously taking your deposition

6 A Had a relationship. 6 today. You're under oath. It's because you're under
7 Okay. '7 oath, it's important that the court reporter to my

8 A With this inmate. 8 right, your left, gets everything right. Okay?

9 I don't want to be crude, but a physical 9 A Yes.

10 relationship, was that your understanding? 10 So there is a bunch of rules that basically

11 A Yes. 11 is going to help that happen. One is, if you are like
12 And in addition to the physical 12 me and you use your head or hands, go for it. it's no
13 relationships, did you understand that there was other 13 problem. But also say yes or no. Don't just nod your
14 potential criminal conduct that these guards were 14 head, she can 't take that.

15 engaging in with or on behalf of inmates? 15 Try to avoid colloquial answers like uh-huh

16 A 
17 And did you have any personal knowledge when she types up all the We and G's.
18 any of that prior to just other than hearing rumors? 18 A All rightappropriate.

20 So you never saw any of it, just heard 20 If you need to take a break at any time, I

21 rumors? 21 don't need to know why, just let me know. We have got
22 A No. Exactly. 22 plenty to drink, plenty of caffeine, water, and the

 

 

 

 

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TAMARA PATTERSON 06/21/2018

Pages 54..57

 

 

Page 54 Page 55

1 That?s all right. Go ahead. 1 A No. it didn't matter to me.

2 A With the Jails Industries Building, when -- 2 Okay. All right.

3 their numbers would go inside the computer system and 3 A I'm comfortable working anywhere in the

4 4 

and we also had a .l Section in Men's Detention Center, 5 MR. HANSEL: Okay. Okay. We have been

6 but because Jails Industries Building had ?ve dorms, 6 going close to an hour, let's take a little break, and

7 which were 500, 600, 700, 800, 900, it would be J, and 7 we?ll go for ?ve minutes, just to leg stretches, and

8 if they slept in 500, and they slept in bed 501, it 8 we can take a restroom break if you need it.

9 would be .1 501, as compared to the Men's Detention 9 (Recess)

10 Center, I section, their bed numbers would go from Bed 10 BY MR. HANSEL:

11 1 up until 120, so it would be 1001 over there. 11 We took a little break clear off the

12 In the Jails Industries Building, whichever 12 record. Everybody is comfortable, I hope.

13 dorm they were in, it would be I and then 500 or 600, 13 Going back on.

14 and so forth. 14 During your time at the Baltimore County or

15 Okay. Understood. And was your role 15 Baltimore City Detention Center, did you ever have any
16 different? It sounds like when you moved to Jail 16 contact from any of the relatives of Daquan Wallace?
17 Industries, it is roughly around the time you got your 17 A His mother.

18 promOtion to lieutenant; is that right? 18 All right. And how did you know his

19 A It wasn't long after, yes. 19 mother? Did you know it was Mrs. Wallace, Ms. Wallace,
20 And what did you do physically? 20 what did you call her?
21 A Imean I'm sorry. I'm sorry. I got 21 A Ms. Wallace.
22 promoted after I was in the J1 Building, which was I 22 I just asked so we?re all on the same page.

Page 55 Page 57

was in 11 Building -- I got promoted in 2008, so I was 1 And when do you think the first contact was from

2 in the .11 Building since around 2005. 2 Ms. Wallace?

3 Got it. All right. And What did you do in 3 A I'm not cure.

4 .11 when you ?rst got there that was different than you 4 Okay.

5 did in the Men?s Detention Center, if anything? 5 A All right. She only contacted me once, but

6 A It wasn't much of a difference to what I 6 I?m not sure.

7 did, because it was the same concept. You know, 7 All right. And it was obviously sometime

8 security, safety, custody and control. 8 prior to Daquan being attacked and ending up with some
9 Sure. 9 pretty bad injuries.

10 A Nothing. Only difference is that was all 10 A Yes.

11 dormitories, as compared to the Men's Detention Center 11 And when Ms. Wallace contacted you, how

12 and the cells. 12 much did she contact you? Phone, email, text?

13 Was there a reason for the transferphone.

14 (J'WmememmaHM?mmdomu

15 A No. I didn't request the transfer. I 15 mean at that second, but where was he housed when
16 mean, they can transfer you to any building at any 16 Ms. Wallace contacted you?

17 time, so I was just transferred over there to that A In the 1' Building.

18 building. 18 Where in the Building? Do you remember
19 But do you know why? Was there any 19 which dorm?

20 particular reason? 20 A I believe he was in 500 dorm.

21 A No. 21 I?m not sure.

22 Did you ask? 22 All right. And how did Ms. Wallace get to

 

 

 

 

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TAMARA PATTERSON - 06/21/2018 Pages 62..65

 

 

Page 52 Page 64

1 A Yes. 1 that you can do. And I told her it?s okay, and he said

2 All right. And tell me what the 2 that he would write an inmate statement. He wrote an

3 conversation with Ms. Wallace was. You said you were 3 inmate statement, saying that he didn't fear for his

4 in your office. A call gets transferred to you. Tell 4 safety. He didn't want to be movedhow the call went. What happened? 5 paperwork, and that was it after she called me. I

6 A Okay. This is to the best of my knowledge. 6 hadn?t spoken to her again.

7 Iremember Ms. Wallace calling. She informed me that ?7 Okay. So you had a total of two telephone

8 her son had called her and was saying that other 8 calls with her, one where she called you, and one where
9 inmates were trying to get him to join a gang and that 9 you called her back with her son; is that right?

10 he didn?t want to join a gang, and you know, that he 10 A Yes.

11 was scared, and she was she asked me, is there any 11 And other than those two calls, and this is

12 way he could be moved to protective custody. I 12 one of those where it?s important to listen to the

13 explained to her I informed her that I would have 13 question, other than those two calls, had you had any
14 him escorted to my of?ce andl would ?nd out from him 14 other type of communication with her, that would be an
15 what?s going on, and because he's an adult, I would 15 email, text, letter, sign language, any smoke signals,

16 need for him to let me know, that he fears for his 16 any other communication with her?

17 safety. lfhe does inform me that he fears for his 17 A No.

18 safety, then I place him on protective custody, because 18 What about any other members of

19 we have to have the inmate actually inform us of that. 19 Mr. Wallace's family, excluding her and excluding Mr.
20 Someone higher than me will have to place him in 20 Wallace?
21 protective custody. 21 A No.
22 And did she? 22 All right. Now, was Mr. Wallace known to

Page 63 Page 65

1 A She said okay. I asked her to leave her 1 you prior to receiving that call from his mother?

2 phone number, so she left her phone number with mecalled for him to come around to the of?ce and it 3 And after receiving that call from his

4 was myself and Sergeant Portec in the of?ce, and I 4 mother, but before you were off duty and got the call
5 informed him what his mother had said and he hecame 5 that he had been attacked, during that time period, did
6 angry. I didn't tell her nothing like that. I don?t 6 you have any other interactions that you recall with

7 know why she's calling you. I didn?t say nothing like ?7 Mr. Wallace?

8 that to her. And I asked him, I said calm down, I said. 8 A No. Ivaguely recall -- I think -- I don?t

9 I'm going to call your mother, do you fear for your 9 know if it was the next day. I don't remember when it

10 safety he said no. I said do you want to be moved, he 10 was. When learns to work again, I was informed that

11 said no. I called his mother. I had her on 11 there was an imitate being disrespectful or whatever to
12 speakerphone and I explained to her, Ms. Wallace, I 12 the of?cers. I'm not sure. And didn't want to listen

13 have your son here. He's saying that he didn't tell 13 to what the officers were saying. Didn?t want to

14 you any of that. He?s not afraid. There is nothing l4 comply. Closing the of?cers out. And when the

15 wrong. He began yelling at his mother. Now, why 15 of?cers reported it, I asked them who was it, and it

16 just screaming at her, and then I told him don't talk 16 was him, and the of?cer said he didn?t want to listen.

17 to your mother like that. That?s your mother. Don't 17 I don't remember who the officers were at the time.

18 disrespect your mother. She's concerned for you. 18 That he just didn?t want to listen. He was just being

19 Okay. 19 noncompliant.

20 A And at that time she began crying on the 20 So any time we have an incident like that,

21 phone and said well, thank you, Lieutenant Patterson, I 21 I'll either respond to the dormitory, or I'll have the

22 don?t know why he?s acting like that. You've done all 22 sergeant or another of?cer handouff the inmate and

 

 

 

 

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TRMARA PATTERSON - 06/21/2018

Pages 70..73

 

Page to
1 Okay. And when you say "just retired," was

2 it this year 2018?

3 A Yes.

4 Okay. And did she go with you when you

5 moved facilities?

6 A No. She didn't. She didn't go to --I

7 mean, to MTG, Sergeant Portee was working at Central
8 Booking.

9 All right. And at this time during the

Page 72

1 Okay. Got it.

2 A Me and Sergeant Portee both, were moved

3 over to the Men's Detention Center at that time.

4 All right. I think you said, and just

5 remind me,1 think you said you weren't aware of any
6 disciplinary issues or gang?related issues that

7 Sergeant Portee had; is that right?

8 A That's correct.

9 All right. Prior to your request to

 

10 time when there were -- his mother was saying he was 10 transfer "him, had Mr. Wallace ever been assaulted in

11 being threatened and Ms. Wallace was attacked, was 11 the institution, as far as you know?

12 Sergeant Portee assigned over at the I Building? 12 A Not thatI know of.

13 A Yes. 13 Had he ever gotten in any fights whether he

14 Was she overseeing the dorm? I think you 14 was the victim or the perp, as far as you know?

15 said you thought it was 500, but whatever it was, was 15 A Not thatI know of. I didn't know of him

16 she overseeing the dorm where Ms. Wallace was housed? 16 until his mother called.

17 A No. She was just like me. Sergeant Portee 17 You said he was being disrespectful to

18 was more like my assistant. She was the sergeant, so 18 of?cers. Which officers in particular was he being

19 she would do around. She didn?t have one particular 19 disrespectful to?

20 dorm she was assigned to like the officers. She would 20 A I don't remember who the of?cers were that

21 walk around with me and we would do our rounds and 21 were assigned to the dorm that day.

22 everything. 22 Did you hear about it from Sergeant Portee
Page 71 Page 73

1 All right. So how many sergeants were 1 or somebody else?

2 assigned to the J1 Building? 2 A No. The of?cer that was assigned to the

3 A Two were on day shift. 3 dorm.

4 And you were working day shift at the time? 4 But you don't remember who that of?cer

5 A Yes. 5 Was?

6 All right. So who was your other sergeant? 6 A No.

7 A Sergeant Henderson. 7 All right. And who were the well, let

8 All right. So, was there one lieutenant 8 me do it this way to make it easy. How many of?cers

9 and two sergeants on Shift in the building at the 9 would be assigned to Daquan Wallace's dorm at the time

10 time? 10 in the JI Building?

11 A Yes. 11 A Two.

12 All right. 12 And he was, I take it, being disrespectful,

13 A I do have one other thing to say. 13 or you understand the complaint to he he was being

14 Sure. Go ahead. 14 disrespectful to both of them?

15 A Prior to me moving to MTC, 1 was moved over 15 A I?m not sure. Maybe a particular of?cer.

16 to the Men's Detention Center for about a month, and 16 One of?cer WOuld be inside the dorm, while the other

17 then transferred over to MTC, 1? of?cer is inside the "bubble area overseeing

18 Got it. So that would have been in 2015, 18 

19 2014? 19 What was the nature of the disrespect? You

20 A Yes. 20 said he was being noncompliant, so I take it they were

21 Somewhere in there? 21 making requests that he wasn't following; is that it?

22 A 2015, 22 A Correct. The imitates were required to make

 

 

 

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. deposition . oom/washington?dc .htm

 

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Page 74 Page 76
1 their beds every morning, clean the area, even when 1 A Yes.
2 they would come out from lunch while over there -- when 2 Was that the whole conversation?
3 they come out for lunch, we had a day room, so they 3 A Yes.
4 stayed in the dorm, but the dining room was right in 4 All right. Now, how often is it that you
5 their dormitory. They would have to have on their jump 5 would initiate a transfer request?
6 suits. Everyone had to keep their jump suits on. They 6 A Any time there was an issue such as that
7 had to have their IDs with them. 7 with an inmate being noncompliant, or if inmates were
8 They couldn't be in the television area 8 ?ghting, it would be disciplinary reasons like that.
9 until the dorm was cleared, after everyone had made up 9 That's when I would initiate it. Or if an inmate fears
10 their beds. So it could have been that he didn't want 10 for safety and then I'm doing the paperwork to place
11 to make up his bed and he was refusing to get out of 11 them on protective custody, I would do the protective
12 the television area. It could have been anything like 12 custody paperwork and also do the transfer to go along
13 that. 13 with it, and wait for that approval.
14 All right. Now, I understand, based on 14 So, this was -- you gave me a couple of
15 your language, that you are giving me that as an 15 reasons people might be transferred. This was a
16 example. As you sit here, do you remember what the 16 transfer for disciplinary reasons?
17 issue was? 17 A Yes.
18 A No. I vaguely remember I believe that 18 In other words, to discipline Mr. Wallace?
19 he was cursing the of?cer out, and he was just being 19 A Yes.
20 noncompliant as to the orders that the of?cer was 20 And how often did you make transfers for
21 giving him. 21 disciplinary reasons? Once a month? Once a year?
22 And did you talk to Mr. Wallace before 22 A No. It could have been --
Page 75 Page 7?
1 putting in the transfer? 1 MS. MULLALLY: Let him finish the question.
2 A Yes. 2 MR. HANSEL: You are doing great.
3 Yes. All right. And what did he say had 3 One more warning, it?s real hard for the
4 happened from his parapeetive? 4 court reporter to type two voices at once. I?m sorry,
5 A He just was continuing to be noncompliant. 5 I should have told you that earlier. So I will try to
6 Okay. In what way? What was he doing that 6 make sure you are ?nished and you make sure I'm
'7 was n'oncompliant? 7 ?nished as well.
8 A Just saying that he's not going to do 8 The question is, how o?en did you do these
9 anything. He's going to do what he wanted to do. 9 types of disciplinary transfers? Once a week, a month,
10 Were you asking him to do anything? 10 a year? What was the frequency?
11 A I asked him why was he being noncompliant. 11 A It varied. It could have been four times a
12 Why is it that you are disrespecting the of?cer? Why 12 week. It depends. It may have been it may not have
13 is it that you just don't want to do what the of?cer 13 been any during the week, but it would be a few times a
14 is telling you to do. 14 month. Several times a month.
15 All right. Where did you go to see him? 15 And I guess I?m trying to understand, was
16 Where was it? 16 it was the JI Building, given the dormitory style
17 A No. I had him brought into my of?ce. 17 and everything else, was it preferred by inmates to the
13 All right. Who brought him to? 18 Men's Detention Center? Was it a better facility or
19 A I don't remember. 19 better conditions in any way?
20 And you said to him, why are you being 20 A I think that it is better. The dormitory
21 noncompliant, and he says words to the effect I'm going 21 is a better setting. As far as inmates, they can't
22 request where they are being housed at, but at one

22 to keep doing what i want to do?

 

 

 

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Page 78 Page 80
1 point they changed the status to our building, the 1 A 90 percent.
2 security status, because it?s dormitory settings, to 2 90 percent men?
3 like minimum or medium. They were trying to alleviate 3 A Yes.
4 all maximum security people from being in the II 4 All right. So Traf?c then had the option
5 Building, so again, that's traf?c who would assign 5 of putting him in MDC or 
6 them to that building, and then at the Men's Detention 6 A Yes.
7 Center, they had a few sections over there that were ?7 Do you know why he was placed in WDC as
SowmmeMR
9 didnt have enough beds or we had issues. 9 A You mean why he was placed into 
10 All right. And which sections over at the 10 You. I apologize. Yes.
11 Men?s Detention Center were minimum -- 11 A I'm not sure. It may be because they
12 A I?m not sure, Traf?c would know. 12 didn't have any beds open, WDC, so they put him where a
13 But in general, people had more freedoms 13 bed was available.
14 and fewer restrictions in general at the .11 Building 14 All right. Were beds generally scarcer at
15 than at the Men's Detention Center? 15 WDC for some reason?
16 A Yes. 16 A They were scarce throughout the institution
17 Okay. And for that reason, it was 17 and again, I would say, because at the time they were
18 generally preferred by inmates to be at the JI 18 trying to con?ne it to their security status, he may
19 Building; is that right? 19 have not gone on a certain housing unit, because his
20 A I?m not sure if it was preferred by them. 20 security status wasn't didn't ?t that housing unit.
zlumhmanmaammawt 21 
22 Well, I don't mean to say that they have a 22 security status was?
Page 79 Page 81
1 say. I just mean well, you said it. They have more 1 A No. [would believe that it would -- it
2 freedoms and fewer restrictions; is that right? 2 was probably medium. Ilm not sure.
3 A Yes. 3 All right. And if it was medium, is there
4 And so, when you put in for the transfer 4 an effort made to keep medium security people out of
5 for these disciplinary reasons with Traf?c, did you 5 maximum security situations?
6 expect that he would probably go to 6 A Again, they attempted to do that, because
7 A Yes. I know that he?s going to go to IMDC. 7 why I still had some maximum security, because our beds

9 to lockup, and because our lockup was overflowing and 9 didn't have much bed space, so we were also every once
10 we didn't always have enough beds for lockup. The 10 in a while had maximum security and then we would still
11 approval for an inmate to go in lockup was above me. I 11 try to get the maximum security moved out of the
12 can?t approve for them to go into lockup. 12 building, when at all possible.
13 And because -- and so you knew when you put 13 Okay. So because of the lack of bed space,
14 in the request, that he would be going to 14 is it fair to say that there were sometimes assignments
15 A Yes. He would go to MDC or WDC. It?s where 15 to prisoners to a building that didn't meet the
16 Traf?c would assign them. 16 security protocols associated with how they had been
17 And WDC is the Women?s Detention Center? 17 designated?
18 A It?s called Women's Detention Center, but 18 A Yes.
19 it housed the men. We had men and women over in that 19 All right. And for instance, a maximum
20 building. 20 security prisoner could end up in a lneditun security
21 What percentage of men at the time was at 21 portion of the facility?
22 22 A Yes.

 

 

 

 

 

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Page 82

Page as

 

1 Okay. And again, this goes back to one of 1 re?ected substantially what you have told me about
2 those questions. It might sound obvious, but maximum 2 that event; is that right?
3 security prisoner is generally more dangerous to staff 3 A Yes.
4 and other inmates generally; is that correct? 4 All right. Have you had the chance since
- 5 A Iwouldn't say that, because they worked on 5 those events occurred to look back at any of those
6 a point system, and that?s how they determine whether 6 forms or documents?
?7 they were maximum, medium, or minimum. 7 A I?m not sure where any of the forms are.
8 Right. But somebody who was a maximum 8 Once I left BCDC, I don't know what happened to any of
9 security had lost a lot of points? 9 the forms.
10 A It may be because of their criminal history 10 Okay.
11 being arrested so many times, but it doesn't mean that 11 A But I do know that the fonns were forwarded
12 it was a violent crime, or anything like that. 12 to the security chief and the warden.
13 Okay. And violent crimes cost them more 13 Okay. And who was the security chief at
14 points; right? 14 the time? 
15 A I'm not sure. Case management handled all 15 A I forget her name. She's retired.
16 of the point systems. I just know that it was based on 16 Well, do me a favor. Think about it. If
17 a point system. 17 it comes to mind, let me know.
18 All right. And at the time of Mr. 18 In the meantime, I will ask you an easier
19 Wallace?s transfer, I think you told me this before, 19 question: Who was the warden at the time?
A NEmen
21 the point where it required a captain to approve, or 21 What is Ms. Johnson's first name?
A Bmy
Page 83 Page 85
1 lieutenant to approve? 1 All right. So, the report that you wrote
2 A Yes. I believe it was the captain had to 2 and the one that Daquan Wallace signed the day he was
3 approve it. 3 in your office, you would have forwarded it to the
4 All right. 4 Warden, Betty Johnson, and to the security chief; is
5 A Yes. Captain. 5 that right?
6 And obviously you told me before, sergeants 6 A Yes. I was off like I said, I was off.
'7 never had that authority, so it wouldn?t have been 7 Well, no, no. I'm backappropriate for the sergeant to approve the transfer of 8 your office and you met with him, and he said he was
9 Daquan? 9 not under any kind of threat?
10 A Con?eet. 10 A Well, that paperwork goes over to the
11 Now, you mentioned to me that Mr. Wallace, 11 captain's of?ce anyway. It was forwarded to
12 when you brought him in your of?ce, filled out a form, 12 Ms. Johnson's of?ce. A copy of it was forwarded to
13 or wrote a statement of some type, saying he was not in 13 her after the incident happened.
14 fear for his safety; is that right? 14 After the assault?
15 A Yes, 15 A Right. Because Ireceived a call, asking
16 
17 it's a printed form, but he wrote some part of it in 17 did I remember him, and I informed them that, you know,
18 his own handwriting? 18 Iliad paperwork I had done on him. I have a copy in
19 A Yes, 19 the ?le cabinet, and they had -- I think Sergeant
20 And then he signed it at the bottom? 20 Henderson was working that day. He had pulled the copy
21 A Yes. 21 because I was off, and sent that over to them.
22 And then you also wrote a form that 22 All right.

 

 

 

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Page 98 Page 100
1 it happened on Section, which is a cell section. 1 that is right, the paperwork would show us one way or
2 And where is that located? 2 the other; right?
3 A That's in the Men's Detention Center in the 3 A Right. I'm not sure if it was her, butI
4 South. Building. 4 am sure that when his mother called, I informed her of
5 Okay. All right. 5 that, and I did all of the paperwork. My matter of
6 Did you follow up with anybody in Section 6 record, his inmate statement, and I forwarded it to her
7 to find out why or how the attack occurred? 7 so that she would know that his mother called about his
8 A No, because I wouldn?t have done it anyway, 8 safety issue. That I spoke with him, he denied it and
9 because I didn't work over there. It didn?t happen on 9 everything, that she would know, andI forwarded the
10 my shift. I would just talk to Ms. Jackson, but I 10 original paperwork over to her.
11 wasn?t as familiar with most of the of?cers or 11 All right. And when did you forward that?
12 anything in the Men's Detention Center since I haven?t 12 Was that around the time, shortly after --
13 worked over there in so long. 13 A The same. I?m sorry.
14 Okay. All right. 14 That's okay.
15 Did you ever have any communications with a 15 A The same day.
16 Major Karen Moore? 16 The same day that you had him in your
17 A Major Moore? 17 of?ce talking to him?
18 Yes. 18 A Yes.
19 A I believe it was Maj or Moore who approved 19 And who was Major Karen Moore get the approval through, I'm not sure. 20 institution? What did she do, oversee, that kind of
21 I think it was Major Moore who had to approve the 21 thing?
22 transfer, because I'm not sure if there was a captain 22 A She was the shift major for the entire
Page as Page 101
1 there or not, and I do believe I did forward Major 1 institution.
2 Moore the paperwork the original paperwork when he 2 So that covered both the Men's Detention
3 first wrote his inmate statement about when his mom 3 Center and J1, and the whole -- 
4 called. I informed her of that situation and forwarded 4 A And WDC, yes, and the annex building.
5 the paperwork over there to her prior to me making a 5 . The report that you made to the --
6 copy -- I mean, after making a copy to keep in our 6 regarding your interaction with Mr. Wallace, and I
7?ks 
8 Okay. All right. Other than what we 8 signed that; right?
9 already talked about, did you ever have any other 9 A Yes.
10 problems with Daquan Wallace wellhas your signature?
11 this more simply. You told me about issues he had with 11 A Yes.
12 guards. Did he ever have any issues with inmates, to 12 All right. And you kept a copy in your
13 your knowledge? 13 of?ce and then forwarded the copy up the chain of
14 A Not to my knowledge. 14 command the way you described earlier. You did both?
15 So, prior to the assault on him, he was 15 A Yes.
16 never involved with, you know, assaulting inmates, or 16 All right. Did you ever have any dealings
17 extorting inmates, or stealing from inmates, nothing 17 with an inmate by the name of Joseph Beatty,
18 like that? 18 
19 A Not that I know of. 19 A Not thatI recall.
20 All right. And the paperwork that you gave 20 And did you work with an Officer Renee
21 to Major Moore, it sounded like you thought it might 21 Jackens?
22 have been Major Moore who approved the transfer. If 22 A No. I remember the name Renee, but i don?t

 

 

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Page 113 Page tau
1 A Yes. 1 there?
2 Is this the ?rst time you are noticing 2 A Yes.
3 
4 he was being transferred for -- 4 page there, and this is the page, just to remind myself
5 A 
6 Disrespect to the of?cers? 6 portion that says: Historic Floor Section Cell Bed.
7 A Right. Exactly. And that could be what it 7 It would show his transfer history and
8 is. 8 remember, I told you that we were going to come back
9 All right. 9 and try to solve the riddle?
10 A That he was being disresPectful to the 10 A Yes.
11 of?cer and among doing other things. I?m not sure. I 11 So look at the transfer history. The date
12 can't recall the whole incident. 12 that is next to the transfer BJ 531. In other words,
13 Okay. When I look at this document, there 13 he used to be in the JI Section, and the date that
14 are -- there are some lines or marks that I want to 14 appears there is 12/18/14.
15 point out to you. I'm just going to point them out on 15 Do you see that?
16 my copy so I can kind of circle them. They appear 16 A Yes.
17 below the line that says the word "privileges" 17 And the date on the transfer request is
18 handwritten. 18 12/18/14.
19 When I see lines like that on a document 19 Do you see that?
20 like this, it sometimes suggests to me there might have 20 A Yes.

22 Are you aware of any edits or whiteouts or changes to 22 I?m going to ask if you agree.
Page 119 Page 121
1 this document? 1 To me that means he was transferred out of
2 A No. Just that these are copies that we 2 J1, and into the men's side on 12/18/14.
3 often didn't have originals, so we would make copies. 3 A Yes.
4 Okay. And you don't know anything about 4 All right. So, now, that solves the riddle
5 why those lines are there, do you? The ones that I 5 when we were looking at Exhibit 1, and we now know that
6 circled and showed you? 6 these dates are the dates he left the area that's
7 A No. 7 designated to the left of the date.
8 All right. Now, under Recommended Type of 8 A Correct.
9 Housing, before you signed this form, you could have 9 Okay. All right. So he left .11 and went
10 chosen protective custody, segregation. You could have 10 to MDC on 12/18/14; is that correct?
11 made some choices there to recommend, but you chose not 11 A Yes.
12 to recommend anything. Is that right? 12 Okay. All right. And on 
13 A Yes. 13 when he left. It's also when the request was made.
14 Okay. All right. 14 Right?
15 A I probably just forgot to check general 15 A Yes.
16 population. 16 And you had to sign off before he actually
17 And looking up at that date, 12/18/14, is 17 left; right?
18 that when you signed off on this? The transfer 18 A I had to sign off before it goes to the
19 couldn't happen until you signed off; right? 19 traf?c of?ce. Yes.
20 A Right. 20 But before he was transferred it needed
21 Exactly. Okay. New, going back to the 21 your signature?
22 prior exhibit, Exhibit 1. Do you still have a copy 22 A Yes.

 

 

 

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Page 134 Page 136

1 All right. And are you in touch with her 1 way it pointed, and these guys, Flatline and Meatball,

2 ata?? 2 andtha?s?ne

3 A No. 3 Do you know why it didn?t seem to go

4 And then there is a gentleman by the name 4 anywhere with following up with these guys?

5 of Dominick Bonyegna. Do you know who 5 A Ihave no idea. I?m baf?ed. The only

6 he is? My understanding is he's also from IID. 6 thing that I can think of is actually, I can't think

7 A I was getting ready to say. I remember 7 of anything, because they have the original names, so.

8 that name, also, I think when I have done a Serious 8 They have got the names, they have got that

9 incident report. He may have been one of the 9 they were on the tier at the time. They have got a

10 detectives there. 10 witness that says they that did it, who gave a recorded

11 The people we talked about, Ms. Portee, the 11 statement.

12 other folks I just listed, are you social friends with 12 A So I would think if you investigate,

13 any of them? 13 question thorn, and do all of that, so I don't know why

14 A Sergeant Portee is the only one that I talk 14 that wasn't done. I ?gured if they found out who it

15 to every once in a while. 15 was, they would go ahead and do --

16 Okay. 16 Me too.

A As far as anyone else, I don't talk to 17 Now, do you recognize those three guys?

18 them. 18 Some of the documents I have them as BGF af?liated,

19 All right. And when you say talk to her, 19 that they are the peoplel listed for you Brandon
20 you are relatively close friends? Is that fair to say? 20 Brown, Dominick Evans, Daron Johnson, who are Meatball,
21 A Well, we call and see how each other is 21 Flatline, and DeNiee, do you have any information about
22 doing probably like once a month. 22 them being 

Page 135 Page 137

1 Even though -- I think you told me earlier, 1 A No. Because this is the ?rst that I'm

2 where does Sergeant Portee work now? 2 hearing of them, so I don?t know them.

3 A She's retired. 3 What, if any, of the guards that you worked
4 And when was the last time the two of you 4 with, or other personnel that you worked with over at
5 worked in the same building? It's been a while? 5 .11 were BGF affiliated?

6 A It was in 2015. 6 A If I received any information, as I said

7 All right. So, as we sit here, you haven't 7 earlier, with any of?cers being af?liated, as far as

8 worked directly together for about three years, but 8 BGF, I always informed the Internal Investigation Unit
9 your guys still keep in touch once a day or so? 9 because I didn't want to work around any o?icers like
10 A No. Probably about once a month. Once a 10 that.

11 month we may call each other. 11 Sure.

12 All right. And when was the last time you 12 A AndI would announce in my roll call also

13 were with her, personally together, the two of you? 13 that if I hear or ?nd out that anyone is doing

14 A I don't know. It was about the time when 14 anything illegal, they don't have to wonder who told on
15 we both were both were transferred. About three years 15 them, I told on them. So I would randomly announce
162mm 16 mannenmn 

17 Sometime in 2015? 17 And how many times did you have to turn
18 A Yes. 18 somebody in for being BGF af?liated?

19 Okay. Is there any insight you can give me 19 A Ineyer turned anyone for being BGF

20 as to why there was no followup on the attack here? 20 affiliated, or any gang related. I only relayed
21 Again, I know the answer might be no, because you 21 information I may have heard to the Internal

22 didn't seem to know about all the evidence and which 22 hivestigation Unit if I suspected something just so

 

 

 

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Pages 142..145

 

Page 142

Page 144

 

1 downstairs where the visitors come in. So, if she did, 1 You just don't remember one way or the
20mm?

3 did go upstairs at any time. I?m not sure. 3 A Right.

4 And when she was hiding stuff in the 4 It could have been her, it could have been

5 ceilings, what ceiling was she hiding it in? 5 anybody else?

6 A I?m not sure if it was her, but I suspected 6 A It could have been.

?7 it was her because it was in the visiting area. 7 All right. And with respect to any kind of

8 Where inmates would go to visit with people 8 disciplinary issues, did you ever have any issues with
9 that came to see them? 9 an Erica Shird, do you know who that is?

10 A Yes, but it wouldn't be on the side where 10 A I know Erica Shird. She worked she was

1 the inmates would be, but because we had workers that 11 assigned to MDC, and then she was transferred over to
12 would clean that area, they could retrieve it. 12 I, and she was working over in the Building with me
13 Okay. All right. And I understand this is 13 fora while.

14 you know, that you have to do some sort of process 14 Okay. And have you ever had any concerns
15 of -- you have to do some analysis to get to this 15 about her?

16 point, but your thought with what was happening in 16 A No. She seemed to be a pretty good

17 anyway, is that Stevenson would put stuff in the 17 of?cer. I never had any issues with her.

18 ceiling on the visitors' side and then inmates who 13 Okay. And were the two of you friends?

19 clean that area would later retrieve it and distribute 19 A No. I didn't -- I don't really have
20 it to other inmates; is that right? 20 friends there. She was just a co-worker, associate.
21 A Yes. 21 "Okay. When was the last time you saw her?
22 All right. Did you ever work with anybody 22 A 2016.

Page 143 Page 145

1 else who ended up being indicted or ended up having any 1 Okay. And do you know if she's sti?

2 BGF-related issues? 2 employed by the State?

3 A Man, I forget the one o??cer?s name. 3 A I believe so,

4 Caught me by shockAll right. Do you know where she works
5 overnight shift, but she would do overtime during my 5 now?

6 shift sometimes. I forgot her name. But she worked am. shift. 7 When was the last time you communicated
8 Okay. And can you .. you don?t remember her 8 with her?

9 ?rst or last name? 9 . A 2016.

10 A No. I really would have to see the 10 013, all right. When was she transferred
ll indictments to remember her name. I forgot her name. 11 over to What year?

12 All right. And she worked at I, 12 A It was right before I think it was the

13 ordinarily 11:00 to 7:00, but then would do overtime on 13 same year that I was transferred from IL

14 your shift; is that right? 14 SO 2015?

15 A Yes. 15 A Yes.

16 Do you know whether or not -- you said you 16 MR. HANSEL: All right. Ma'am, that's all
17 couldn't remember who was working the day that there 17 I have for you.

18 was some complaints against Mr. Wallace. Do you know 18 Your Counsel may have some questions,

19 whether or not she was one of the people working that 19 although I doubt it. Thank you, very much.

20 day? 20 MS. MULLALLY: We will read and sign.

21 A No. I don't believe that she was. I'm not 21 (The deposition was concluded at 5:27 pm.)

22 sure. Idon?t remember who was working there. 22

 

 

 

 

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deposition. oom/waehington?dc . 

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PROTECTIVE (31131? 3131! SRGREGATION Twig?

TOWEIUBUILDING SI GNATURE OF REVIEW

 

 

 


SHIFT COMMANDER APPROVAL: 

 

{Form Sign?! bySh'lfl Commander or Opcriti'nns Capmi n, whcn-app?lirahit}



TRAFFIC OFFICE OUSING ASSIGNMENT:

(NEWLOCATION): $93? $1 .

DIETARY CLEIR DATE

  
   
   

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HOUSING UNIT 02? F1 CEEVRRIRT ON:

SIGNATURE: w. 

{Sigwumwcri?crmit dclainm h'as bean-ratcivn-d and assigned?Lo apprup?atc cdh?bcd-as Indzcatnd nhovci

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2 Completed Form 1' be delix :2er _to Traf?c Of?cer prior {13 and of shill.

tabbies'

BETTY J. JOHNSON July 05, 2018
WALLACE VS STATE OF MARYLAND 1-4

 

 

 

Page 1 Page 3
IN THE CIRCUIT COURT FOR BALTIMORE CITY 1 INDEX OF EXAMINATION
2 2
NICOLE at .11., 3 DEPONENT: BETTY J. JOHNSON
3
1:
4 CASE N0. 5 EXAMINATION PAGE
241-347-5410 6 Ma. Sutherell 4
5 v. 7
6 8 INDEX TO EXHIBITS
STATE on MARYLAND, 9
7 1o DEFENDANT DESCRIPTION mes
it 11 1 Transfer agreement lblanitl 36
10 12 2 E-maile 
11 BETTY J. 13 3 Report 64
12 JULY 5. 2013 1-1 4 Transfer form {complete} 73
13 ??01 A-M- 15 5 Log hook notes 30
14 2511 North Charles Street 16 5 Information report as
15 Baltimore, Maryland 17
16
17 18
13 Reported By: Stephanie C. Bridges 15
19 20 {Notea Exhibits attached heretoPage 2 Page 4
1 APPEARANCES OF COUNSEL 1 DEPOSITION OF BETTY J. JOHNSON
2 . . 2 JULY 51 2018
3 On Behalf of the 3
4 BMW A'H?fk?ii' Sign? 4 BETTYJ JOHNSON
1 1
5 2514 North Charles Street 5 having being firetduly sworn, testi?ed as
6 igitigzri?lgaryland 21218 6 
esubherellohaneell law. com 7 EXAMINATION
7 8 BY MS. SUTHERELL:
a On Behalf of the Defendant 9 Good morning, Ms. Johnson.
9 LAURA MULLALLY. ESQUIRE 10 A morning.
10 3:331:02 1m 11 We just met off the record but for the
Tm?: Maryland 21235 12 record l?m Etienne Sutherell. lrepresent the
11 143.455 .4495 13 plaintiffs in this case. Daquan Wallace and his
laure .mullallyomarylend.gov 14 mother NICOIB Wallace.
i: 15 Do you understand what you're here for
14 16 today?
15 17 A Yes.
16 18 Have you ever been deposed beforei?li go over some brief ground rules.
20 21 Everything that we're saying is being taken down
21 22 by our oourtreporterhere today. So it?s
22 23 important that only one person speaks at a time.
:2 24 waituntil you've fully responded to my
25 question before I start giving you the next one.

 

 

 

ESQUIRE . EXHIBIT

 

BETTY J. JOHNSON

July 05, 2018

 

 

 

 

 

 

WALLACE vs STATE OF MARYLAND 33?36
Page 33 Page 35
1 from within the facility. 80 was that the same at 1 If they have been sentenced, whet
2 BCDC as well? 2 section would they get moved to?
3 A We had a traffic unit, i'm not sure. I 3 A I can only say that -- I don't know the
4 cannot remember If it required a signature or 4 section. However, we would put them in a -- where
5 approval from the major. 5 they're not in a dorm.
6 Tell me about the traffic unit. What 6 What about if a detainee was reported to
7 did that consist of. what were they responsible 7 be trying to extort commissary or phone privileges
8 for? 8 from fellow detainees would they get transferred
9 A Making sure we had a number of available 9 to a different section?
10 beds assigning the inmates. l'm sorry, detainees? 10 A We have segregation, lockup.
11 beds in the housing units when they came in, 11 So in that situation, they would get put
12 keeping the count 12 in segregationlockup?
13 They kind of kept count equal amongst 13 A If it was validated. yes.
14 the different sections of the facility? 14 Who determines whether or not It's
15 A Vl?th the detention center, it was based 15 validated?
16 on their bait and time, if they had already 16 A The intel unit, maybe the major, the
17 received their time. So if they had a low ball, 17 supervisor, captain.
18 they were kept in a certain area or eligible to go 18 So can you walk me through that process.
19 to a certain unit. If they were H, the breathing 19 like say. there's a report that there's an inmate
20 as far as heat and cool, they had to be in a 20 whose trying to extort other people for their
21 certain situation. 21 commissary and one of the correctional officers
22 MS. MULLALLY: We stipulate that that's 22 receives that lnformation from one of the
23 called H1. 23 detainees. What's supposed to happen next?
24 THE WITNESS: H1, yes, thank you. 24 A An investigation is conducted, there's a
25 25 hearing that's held and it's determined then
Page 34 Fae 36
1 BY MS. SUTHERELL: 1 whether or not if he or she will well, if
2 What section were the low bail detainees 2 they're not on segregation, whether they're moved
3 kept In if you recall? 3 there then and placed on It if found guilty.
4 A Jl. 4 Do they stay in their current housing
5 What was considered low bail? 5 unit while that's happening?
6 A I can't remember that number amount. 6 A No.
7 Was there some type of policy or So what would happen to them?
8 procedure or manual that dictated those numbers 3 A They're moved to segregation.
9 for you? 9 So pending the investigation and the
10 A it was a policy. 10 hearing, they?d get moved into segregation?
11 Where were the detainees with higher 11 A Yes.
12 balls kept? 12 Now, we mentioned the transfer form
13 A I'm not sure of the section. 13 before when I asked you if it was the same. You
14 Again, that was probably in that policy, 14 had mentioned the traffic unit and you weren't
15 the manual? 15 sure if it required the major's signature or not.
16 A Maybe. 16 have a blank form that I want you to take a look
17 We can came back later to that, if you 17 at.
18 think of it. So the traf?c unit that oversaw it 18 (Johnson Deposition Exhibit No. 1 marked
19 was the transfer of the detainees throughout the 19 for identification.)
20 facility. What about when a detainee was just 20 BY MS. SUTHERELL:
21 being moved from one section to another section. 21 So we're looking at Exhibit 1, it's kind
22 What would be some of the reasons for a transfer 22 of cut off at the top but it's the Division of
23 like that to happen? 23 pr -
24 A Security: They have been sentenced, 24 MS. MULLALLY: Pretrial Detention
sometimes space. 25 Services.
ESQ 800.21 1.0530 (33 76)
SROLUTIEONS 

BETTY J. JOHNSON

July 05, 2018

 

 

WALLACE vs STATE OF MARYLAND 37-40

Page 37 Page

1 MS. SUTHERELL: There you go. thank you. 1 So the next section recommended type of

2 BY MS. SUTHERELL: 2 housing. I should be asking who would be filling

3 Transfer of housing assignment. So we 3 this out?

4 have this form here and liust want to walk you 4 A it can be filled out by the traf?c

5 through this form or have you walk me through this 5 officer, it could be filled out by the traffic

8 form. tell me which sections would be required to 6 officer or housing unit.

7 be filled out. So at the very top. it has two 7 So recommended type of house. would that

8 checked boxes. does one of those have to get 8 have to be checked?

9 checked? 9 A Yes.

10 A Yes. 10 We see protective custody. segregation.

11 And then the detainee name. would that 11 juvenile and than general population there. And

12 have to be filled in? 12 segregation you just mentioned that before,

13 A Yes. 13 protective custody when would that be used?

14 And the ID number? 14 A If indeed the detainee asked to be. he

15 A Yes. 15 or she could asked to be put on protective custody

18 First, I should have asked you are you 18 or an of?cer may have witnessed something and

17 familiar with this form? 17 recommend it.

18 A I've seen this form, yes. 18 And then the tower building supervisor

19 Have you overseen the facilitation of 19 signature of review, who would have to sign that?

20 this form. was this used in 20 A Just the person in charge, each housing

21 A Yes. 21 unit had a supervisor to oversee the housing unit.

22 And this was something that the traffic 22 So it would require their signature?

23 unit would have had to use? 23 A Yes.

24 A Yes. 24 And shift commander approval. who would

25 So this is the appropriate form that had 25 have to sign there? I mean. it sounds pretty self
Page 38 Page 4

1 to be completed in its entirety or completed 1 explanatory 

2 properly in order for a detainee to be transferred 2 A Right. if the highest ranking is a

3 from one section to another; is that right? 3 captain, they can do it. If not the major, who is

4 A Yes. 4 the shift commander.

5 We got the detainee name and the ID 5 So it would have to be signed by the

8 number and then from section bed number and 5 shift commander?

7 mattress would that get filled out? 7 A Yes.

8 A Yes. 8 And it does say underneath there form

9 And the request made by would that have 9 void unless signed by shift commander or

10 to be ?lled in? 10 operations captain when applicable. 80 the form

11 A Yes. 11 wasn't complete unless it had that signature on

12 And the date and time as well? 12 it; is that right?

13 A Yes. 13 A Correct.

14 And the reason for transfer would that 14 And the traffic of?ce housing

15 always have to be filled in? 15 assignment, who would fill that part in?

16 A Yes. 16 A The traffic office, whoever is working

17 if it?s other. is it required that they 17 the traf?c of?ce.

18 give an explanation? 18 And they would have to complete the

19 A I'm not sure. 19 section bed. mattress and if there was a dietary

20 And the next section, H1. H2, H3 we just 20 would that get filled in?

21 learned that H1 was that section, you know. with 21 A Yes.

22 their breathing. their health concerns. So would 22 And then those authorized, and it says

23 that only get filled in if there were medical 23 underneath there traf?c of?cer signature, would

24 concerns? 24- that have to be signed by the traf?c of?cer?

A If it was pertaining to H1 yes 25 A Yes.

 

 

 

 

DEPOSITION SRDLUTIDENS

800.211.DEPO (3376)
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BETTY J. JOHNSON

July 05, 2018

 

 

WALLACE vs STATE OF MARYLAND 4144
Page 41 Page 43
1 i know all this sounds very 1 detainees?
2 self-explanatory. And then underneath that 2 A I'm not sure.
3 housing unit officer verification, officer 3 What about the section?
4 signature. who signs there? 4 A I'm not sure.
5 A The officer that actually moved. 5 Okay. So one of the things that you
6 completed the transfer. 6 said a major is responsible for Is making sure
7 So the officer who's receiving the 7 that the staff is making rounds. what do you mean
8 detainee in their section? 8 by that. can you explain what that is?
9 A No. I?m not sure of that. 9 A Officers that work in a housing unit
10 But that would have to be signed as 10 make rounds. security rounds. Just before I left,
11 well? 11 we had like a key. They would Yes. 12 the pier so we would know that they were making
13 And what circumstances. so let's say 13 checks. security checks, rounds on the housing
14 you're a receiving officer, you're a correctional 14 unit.
15 officer overseeing the section that's filled in 15 How did that work?
16 here, the To section. What is that individual 16 A it was a key system. Whereas. they
17 looking for when accepting this form and accepting 17 would have to punch it. In order for you to 
18 a detainee whose coming in from a form like this? 18 you had to stick the magnetic key inside of it
19 A Just to ensure that the bed is actually 19 like a little -- it allowed the administration to
20 emptied. that-is has the mattress in it and to 20 see what time and where this key was being used.
21 make note if there is any type of dietary or other 21 So the officer had it. so you had to walk, punch
22 issues that the detainee may have that needs to be 22 it and come back.
23 noted. 23 Interesting. When did that take effect.
24 if the form isn't completed. like it's 24 A It was in 2015. early part of2015. l'm
25 missing the signature up above. what are they 25 not sure what month.
P396 42 Page 44
1 supposed to do? 1 What was the expectation, how often were
2 A They?re not to accept the inmate. 2 they supposed to be making rounds?
3 detainee. 3 A At least every half hour.
4 if they?re not accepting the inmate or 4 At least every 30 minutes?
5 the detainee where does the detainee go. do they 5 A Yes.
6 send them back? 6 So before this key system. how did you
7 A Well. the only incident that I've had 7 keep track of that?
8 with this and it may not have been signatures. 8 A Just log books. The of?cer was to log
9 They call the shift commander to ensure that it is 9 in their iog book when they made rounds.
to completed because it is ourtrack record. 10 They just hand wrote notes?
11 So with that incident that you're 11 A Yes.
12 referring to. can you give me the details of what 12 What was the expectation there, would
13 happened? 13 they make a round. write in the book. make a
14 A No. We had one inmate who was sentenced 14 round. write in the book?
15 and he was a worker. He had just received ten 15 A Yes. Report any issues or concerns at
16 years and they were going to move him. And so 16 that time.
17 until his move out of the facility, they wanted 17 It was expected that if they're working
18 to. they were requesting to keep him in the 18 one shift you would see a log for every 30
19 housing unit that he was in and we just couldn't 19 minutes?
20 do it. 20 A Yes.
21 That makes sense. So going back to the 21 What would happen if you didn't see a
22 different sections of the facility. there was a 22 log for every 30 minutes?
23 section; is that correct? 23 A Then the supervisor who made their
24 A Yes 24 rounds would document it and if need be
And do you recall was that the high ball 25 progressive disciplinary action would take place.

 

 

 

 

ESQUI IRE

DEPOSITION SOLUTION 5

800.211.0EPO (33 76)
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BETTY J. JOHNSON

July 05. 2018

 

 

WALLACE vs STATE OF MARYLAND 69?72
Page 69 Page
1 in; Is that right? 1 and making sure that someone was reporting every
2 A Yes. 2 30 minutes. So what about when someone has to
3 There?s no other way in or out of the 3 take a restroom break. if there's just one
4 cell without either the physical key to the cell 4 correctional officer assigned to a unit and they
5 or hitting that look box. right? 5 have to call in for assistance so they can go use
6 A Correct. 6 the facility. are they supposed to log that In the
7 And only the correctional officer 7 book?
8 manning that station at the time well, tell me 8 A Yes.
9 if this right. Would only the correctional 9 And then whoever comes in as their
10 officer manning that unit at the time have that 10 relief is supposed to log it in the book?
11 physical key? 11 A Yes.
12 A Yes. 12 And what would happen to a correctional
13 Was there a master key somewhere? 13 officer we briefly touched upon it but what
14 A Yes. 14 would happen reprimandwise if it turned out that
15 Who kept that? 15 they were not accurately logging things in the
16 A We have a lock box for emergency 16 book?
17 purposes at BCDC. The emergency set is kept in 17 A it?s progressive disciplinary because
18 what?s called the control center. 18 your log book is your legal documentation.
19 Who has access to the control center? 19 What other kind of things are supposed
20 A The assigned post supervisor. 20 to go in that log book?
21 So a supervisor. what rank wouid that 21 A Whenever someone enters your housing
22 supervisor be? 22 unit. If there are any concerns. you list the
23 A Lieutenant or above. 23 climate. you list any security equipment you have.
24 So lieutenant or higher? 24 of course the number of detainees in your section,
25 A Yes. 25 when they left for mass movement, whose out
Page 70 Page
1 Where is the control center in relation 1 cleaning and things of that sort.
2 to G?section? 2 And are they also suppose to report who
3 A It's a distance from G-section. maybe a 3 stays back from mass movement?
4 -- it's a couple of feet not next to it. 4 A No.
5 The length of a football field? 5 What about if there's an incident during
6 A Not that far. 6 mass movement are they supposed to have that
7 Okay. 7 logged?
8 A i don't know because I'm looking at two 8 A Yes.
9 sections and so I don't know. 9 Are they supposed to note anything about
10 So approximately how long would it take 10 transfers?
1 1 you to walk from the control center to the 11 A if someone's leaving their care?
12 G?secticn? 12 Or coming into their care?
13 A Maybe four or five minutes. 13 A Or coming on, yes.
14 With that walk are there multiple 14 Now, what if, we were taiking about that
15 different avenues to get to G?section from the 15 Exhibit 1 before. the transfer form. What if the
18 control center or is there like one hallway that 16 transfer from was used and it's missing the shift
17 you would use? 17 commander approval, what would be the reprimand
18 A To my knowledge. it's one hallway. 18 received for that, would someone get in trouble
19 Would that be one of the major hallways 19 for doing an improper transfer?
20 of the mass movement type hallways that would have 20 A Yes.
21 a security camera in it? 21 Who would get in trouble?
22 A Yes. 22 A The person accepting. if they accepted
23 I want to go back a little bit to 23 the detainee and the person who initiated the
24 something we were talking about before. The 24 transfer.
majors were in charge for overseeing the rounds 25 The person initiating would it be the

 

 

 

 

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800. 21 1. DEPO (33 76)
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BETTY J. JOHNSON

July 05,2018

 

WALLACE vs STATE OF MARYLAND 73?76
Page 73 Page 75
1 request made by individual? 1 detainees for oommissary and phone privilege."
2 A Yes. 2 Now. Iwant to stop here for justa moment. We
3 Now, In this system of hierarchy would a 3 talked before about what would happen if that
4 lower level, let's say a lieutenant, would a 4 exact situation was occurring and you said they
5 lieutenant ?ll this out on behalf of a major? 5 would get transferred to lockup while an
6 A Yes. 6 investigation was undertaken and then there would
7 Q. So the request made by could say a be a hearing. and based Upon the determination at
8 lieutenant's name but perhaps it actually was 8 that hearing, they would either get transferred or

 

 

 

9 initiated by a major; is that possible? 9 not. So that would be an improper reason again or
10 A Yes. A major can request a transfer. 10 just a flat transfer: wouldn't it?
11 If they?re requesting a transfer are 11 A Your question again. I?m sorry.
12 they the one that's supposed to actually ?ll this 12 Sure. So this wouldn?t be the
13 form out or start the top part of the form? 13 appropriate reason for just doing a straight
14 A It?s possible. 14 transfer: would it? That a detainee is extorting
15 Would it be appropriate for them to have 15 other detainees for commissary. Because we talked
16 someone lower ranked than them ?ll it out? 16 before about the proper process for that. And
17 A Someone lower ranked can fill it out. 17 that would be: it gets reported, they get
18 So that wouldn't be an infraction? 18 transferred to lockup not just switched to a
19 A Say it again? 19 different section and then there would be a
20 That wouldn't be an infraction, that 20 hearing after El? investigation, right?
21 wouldn't be anything wrong? 21 A Yes.
22 A No. 22 So someone shouldn't bsjust getting
23 MS. SUTHERE LL: Can you mark this as 23 moved from the J?section to the G-section because
24 Exhibit 4. 24 there's an allegation that they're other
25 (Johnson Deposition Exhibit No. 4 marked 25 detainees for commissary. right?
Page 74 Page 76
1 for identification.) 1 A Yes.
2 BY MS. SUTHERELL: 2 So the next section is the section.
3 So we?re looking at what's been marked 3 We talked about that before so that's not
4 as Exhibit 4. would you agree with me that this is 4 necessary. We don?t need that because it's a
5 slmilarto Exhibitl except that it'sjustfilted 5 little health thing. Recommended type of housing
6 in? 6 nothing?s checked there would that be considered
7 A Yes. 7 incomplete?
8 So this is the appropriate form to be 8 A Yes.
9 used for facilitating a transfer within the 9 And then the tower building supervisor
10 facility; is that right? 10 signature, so that isn?t someone from traf?c,
11 A Yes. 11 right? We talked about that before. That?s
12 l?m going to go down through itjust 12 someone from the actual building within the
13 like we did the last one. So we've got the 13 section or that the section is within; is that
14 detainee name there, the ID number, and we have 14 right?
15 the from information and that's J, and that's bed 15 A Yes.
16 number 531. And as i understand it, is the 16 And it looks like a lieutenant Patterson
17 section the low bail section? 17 perhaps?
18 A Yes. 18 A I know ofa lieutenant Patterson.
19 The request is made by Sergeant Portee 19 You know the name but do you know the
20 and it?s dated December 18th. 2014. The time is 20 signature?
21 left out so is that improper? is that time 21 A No.
22 supposed to be filled in there? 22 Now, the next one, shift commander
23 A Yes. 23 approval so that?s not signed. We talked about
24 The next section we do have the reason 24 that before that that has to be signed and the
5for transfer explain: "detainee other 25 form itself even says that it's void unless

 

 

DEPOSITION SOLUTEICINS

800.211.DEPO (3376)
EsquireSo/utfons.com

BETTY J. JOHNSON

July 05,2018

 

 

WALLACE vs STATE OF MARYLAND 77?80

Page 77 Page 79

1 signed. So this again would be an improper 1 A [n theinmate?s file.

2 section of the form because it's incomplete 2 in the Inmate's file, okay. Were you

3 without that signature. right? 3 aware that this transfer took place on the date of

4 A Yes. 4 the incident with Daquan when he was so badly

5 And then going down. you know what 5 beaten and assaulted?

0 actually let's -- the signature. So Lieutenant 6 A Not until after the fact.

7 Patterson you can kind of make out, Sergeant 7 How did you learn about it after the

8 Portee that?s nice and clear, Lieutenant Patterson 8 fact?

9 is sort of clear. Are they trained, are they 9 A Just in getting the report itself.

10 supposed to be filling this out so that it is 10 The report that we went over?

11 legible so that people can understand who has 11 A The report itself as far as the serious

12 signed what? 12 incident report.

13 A i don't know. 13 Here we go, security chief. Sonia P.

14 That?s fair. So the next section, 14 Young.

15 Traffic Office Housing Assignment To: and we have 15 A Yes.

16 this ?lled out for section G, so he's getting 16 I know I saw it somewhere. That's Young

1? moved to a new section, bed number 35 so that's 17 common spelling and Sonia, Have you

18 okay. We don't have a mattress number but that's 18 had an opportunity to review some of the log

19 not filled out above either; dietary clear date is 19 books, did you ever take a look at log books, do

20 not filled in but we talked about that before. 20 any type of auditing on whether or not

21 It's not necessary. Authorized so this is a 21 correctional officers were logging their rounds?

22 traffic officer's signature and it Just looks like 22 A Yes.

23 one huge scribble. Would that be an appropriate 23 Did you frequently see the every 30

24 signature on this form? 24 minute logs or was it more frequent to see that

25 A It should be legible. 25 maybe they were a little more sparse and weren't
Page 78 Page 80

1 Would you agree with me that that is not 1 always logging the every 30 minute round?

2 legible? 2 A What I observed they were making their

3 A Yes. 3 rounds. They were documenting that they were

4 And then we have the officer?s signature 4 making their rounds.

5 below and that's Rene and that's Jackens Rene and 5 MS. SUTHERELL: If we can mark this as

6 that?s legible so we have a series of mishaps here 6 Number 5.

7 according to what we talked about before. So Rene (Johnson Deposition Exhibit No. 5 marked

8 should not have accepted this form without it 8 for identification.)

9 being signed by the shift commander. right? 9 BY MS. SUTHERELL:

10 A Correct. 10 So we're looking at one of these log

11 And the traffic officer shouldn't have 11 books, does this look like the standard format you

12 transported the individual without that signature 12 would see for those tog books for tracking rounds?

13 above; isn't that correct? 13 A Yes.

14 A Correctsays, we start at 10:11

15 So those individuals at a minimum have 15 and then we've got a note at 10:12, and then we

16 violated policy with this transfer. What would 15 jump to 1300. then wejump -- well, it looks like

17 happen to them as a result of such violation? 1? 1300, then we jump to what looks like 12:20, and

18 A Depending on, like I said progressive 18 then 1300, and then 1400, and then we jump from

19 discipline and depending on the individual where 19 1400 to 1530. Now we see started with officer

20 they stand as far as progressive disciplinary. 20 Rene. We've got a date there about halfway down

21 But they would receive some sort of 21 the page and now we see a more detailed account

22 discipline? 22 where it says 1530, 1600, 1605, 1608, 1630, 1200,

23 A Yes. 23 1i?30, 1?32, 1735, 1255. 1800, 1823, 1850, 1853,

24 Where does this form go after the 24 1900, 1920. 1934, 1945, 1948, 1958, 2009, 2010,

25 transfer takes place? 25 2040, 2105. 2130. 2132, 2220. 2230, 2253. So we

 

 

 

 

ESQQLEE

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

NICOLE WALLACE, ETAL.

Plainti?f's',

v. Civil Case No.: CCB

. MAYORAND CITY COUNCIL OF
BALTIMORE CITY, ETAL.

Defendants.

 

 

AFFIDAVIT 013? JOSEPH BEATTY
COMES NOW the Af?ent and hereby solemnly aff'nme under the penalties of perj my

and upon personal lmowledge that the contents of the following paper are true:

1. My name is Joseph Beetty and I am over eighteen (18) years of age and
competent to testify.
2. I am currently detained at the Jessup Correctional Institution located at 7805

House of Correction Rd, Jessup, MD 20794Wal- he. WW
call.

 

    

EXHIBIT

Ii

Page 1 of 4

 

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11. I was. ?wx ahoughmu mm? Eat?

 

?5 m'mu?mg.

 

 

Page 2 of 4

 

 

 

 

G. 53% H. 05$ ?hxgEEIm??lb?E?rl

ag??g farm. $79353?. ?mu?rr?t?hw.

 

 

 

 

 

 

 

 

 

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Department ofPublie Safety 8: Correctional Services 3. Complaint Control Number 1"
Internal Investigative Division General Broadcast Date a: Thine - I I
Cr immal Int/estigation Report YES NO 
I. Victim's Name [Finn Name oI?Busmess) Last. WEI. Middle 35"! Race, DOB . 
Wallace, Daquan 08-22-1994
-W Maia?so City . esl encci?hone
Baltimore Csity Detention Center 401 East Eager Street Baltimore MD 21202 WA
5 on buy r. 15W 
NIA (4IOJZOS-4001
COMPLAINANT OTHER- VICTIM-WITNESS PARENT 1M (Other then In Item #1 Above]: PHPARENTIGUARDIAN
um, Business Phone
Moore, Karen (Major) NM None (410)209.4309
mm Lily
Baltimore City Detention Center 401 East Eager Street Baltimore, MD 21202
WW Residoaee?i?le .Burioessm
mry? n. narrow
Assault 12H 832014 19:32 hours Thursday 1211 $2014
16. Location ot'Crime (Addrers)
Baltimore City Detention Center 40! East Eager Street Baltimore, MD 21202 (BCDC)
Lcr. are.? in. 
I Correctional Facility - - .
19. WAS EHERE INTERVIEWED
or: I 
WA NIA El STATEMENT TAKEN
INTERVIEWED
teem-ammo 
- NM NM El STATEMENT TAKEN
21. evened lj NAMED KNOWN [i IDENTIFIED PREVIOUSLY SEEN DESCRIPTION NO Arias
22. No. I Name (Last. First. Middle) Alias Sex~Raea-DOB Height Weight Hair Eyes
NIA NIA NM NM NJA 
tion Address Occupation Employer it
NIA 
No. 2 Home (Last First, Middle) Alias Sea-Race?DDB Height Weight Heir Eyes
NXA NM NA 
Location Address Occupation Employer BI ll
. NM
23. SUSPECT VEHICLE [j STOLEN [j RECOVERED [i OTHER N0 YE 
24. Vehicle Color Year - Make Model Body Slyle Rog. Year Reg. State Reg25. SIGNIFICANT M.O., OR 13' LIMITED OPPORTUNITY TO COMMIT THE NO [i YE

 

26. Made amputation

Inmate Wallace was found in his bed Unresponsive.

 

 

27. Scene Processing I NIA Explain Photo Fingerprinting Other Yes. - Atom-11? LahTenh:

N0. 

 

 

 

 

 

 

 

 

23. monotone [j TRACEABLE PROPERTY I PHYSICAL EVIDENCE
Ji. Property insured. 13y Whom? BalustmmentJ-?oroe, Weapon Handgun peedProperty - Item No. i identi?cation: No.
NM. WA
Wine
. 
31. Property Sioiem'Damaged - item No. 2 Identi?cation No.
WA WA
Value

34. Total Loss Value

 

.12. lTPropEriy Recovered Was Owner Notified?

END

33. How Noti?ed (If'hy Miiee - Give Message No. File. Orginaling Station nit Date)

NIA

 



 

 

 

 

 

 

NM

 

 

44. IS THERE SOMETHING UNIQUE ABOUT THIS 
NARRATIVE: USE CONTINUATION SHEET FOR NARRATIVE. DETAIL ALL ADDITI

 

 

 

YES
35. Vulgliom Winch Mela: llcg. No. State Year STOLEN VEHICLE AND UNAUTHORIZED USE ONLY. 36 Vehicle identification No.
Then Occurred NIH COMPLETE ITEM 36.43. 
I '.E3istr?tiun No. State Year 33. Vehicle 39. IgnitionLoeked? do. Kaye in ignition41. Lieniroider {Name-Address-Nnmu oi?Agont) 43- Dam Locked? time Closed?
EXHIBIT THE 

 

 

Department of Public Safety Correctional Services - I

Internal Investigative Division
CIR 14?35-001366 

Supplemental Report

 

VICTIM, COMPLAINANT, MISSING PERSON OR ARRESTEE (LAST, FIRST, 

Wallace, Daquan

 

ITNCIDBNT, OFFENSE 0a CHARGE 0N ORIGINAL REPORT
2'?i Degree Assault

CORRECT INCIDENT 0R OFFENSE CLASS 
Yes

 

SECONDARY OFFENSE





RD

 

10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24-.

65. RELATED REPORT NUMBERS


 

 

SUBJECT OF INVESTIGATION:

MD CR 3-203- 2nd Degree Assault .
This is the investigation into the assault ochtainee Daquan Wallace by an unknown assailant.

LIST OF EXHIBITS:

OCMS Photograph of Detainee Daquan Wallace (SID #2993245)

OCMS Photograph. of Detainee Joseph Beatty (SID #4152018) 

Photograph of Detainee Wallace taken on December 18th 2015 by Detective Dominic Bonvegna
Chain of Custody and Photograph?s of Detainee Wallace?s Clothing

Photographs of G-Section Cell #35 (Where Detainee Wallace was found unresponsive)
Serious Incident Report #14-397

Matter of Record written by COII Rene aclrens

OCMS Photograph of Detainee Rodney Tatum (SID #3497586).

Photograph of Detainee Wallace taken on December 19:11 2014 by Detective Dominic Bcnvegna
Chain of Custody for evidence collected from Cell #47, and #48

OCMS Photograph of Detainee Harris Bilal (SID #2451950)

Letter Detainee Harris Bilal wrote to Lieutenant Derek Holmes

OCMS Photograph of Detainee Jermaine Mitchell (SID 3184161)

OCMS Photograph of Detainee Tony Clifton (SID #3074816)

OCMS Photograph of Detainee Brandon Miller (SID #3260154)

OCMS Photograph of Detainee Terrell Fields (SID #2927150)

Chain or Custody for CD of telephone calls

Anonymous letter about the incident.

OCMS Photograph of Detainee Kenneth Faison (SID #3180142)

E-Mail from Warden Betty Johnson

OCMS Photograph of Detainee Brandon Brown (SID #3105754)

OCMS Photograph of Detainee Dominic Evans (SID #3066064)

OCMS Photograph of Detainee Derron Johnson (SID #1864139)

OCMS Photograph ofDetainee Louis Dukes (SID #288986)



 

45. Crime Prevention Action
Initiated?

47. Date Supplemental
Report Due

46. Previous CrimePreveI i611
Survey Yes 0

Drum! Alf/f;

 

 

 

 

 

 

 

 

 

 

 

 

  
  

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

48. InitialStatus recommended by reporting of?cer 49. I.D.Numbcr 50. Date
Open Suspended 1:1 Unfounded Closed Detective Dominic Bonvcgua 2024 4/7116
51. 52. Investigation to be continued by 53. Reviewing Supervisor LD. Number 54. Date
Unisagree EIPatroi Investigation ScottPeterscn 0409 .


55. Investigation Supervisor Status _'_tionS ervisr Number 57. Date 58. Assigned 59. Date'

r. :1 . Investigator
[:IPatrol Invostiggltive 111M 1.2.3 0 i 20? @107 -
60.13 NCIC Entered NCIC Cleared 60. Fiftyatus (check one) 62. Cnssi?cation 63. UCR Page

El 0 (Office Use) Disp. 2 0f 9

Miles Entered Miles Cleared 1:1 Suspended CZ:

 

 

 

Department of Public Safety ?Si: Correctional Services Page 3 of 9
Internal Investigative Division
Continuation Sheet

COMPLAINT CONTROL NO.

 

     

LIST OF EXHIBITS (CONTINUED):

25. Photo~Array 1 containing the photograph of Detainee Dominic Evans and Detainee Louis? initials he

used to identify him
26. Photo-Array 2 containing the photograph of Detainee Derron Johnson and Detainee Louis? initials he

used to identify him -
27. Photo?Array it 3 containing the photograph of Detainee Brandon .Brown and Detainee Louis? initials he

used to identify him
28. Photo-Array 4 containing the photo graph of Detainee Dean Reese and Detainee Louis? initials he used
to identify him
29. OCMS Photograph of Detainee Dean Reese 
30. Advice of Miranda Rights signed by Detainee Dean Reese

ACTION TAKEN:

On December 18th 2014, at approximately 20:31h0urs, Major Karen Moore of the Baltimore City Detention
Center (BCDC), contacted the Internal Investigative Division?s (IID) duty officer to report an assault. Major
Moore went on to state that at approximately 19:32 hours, Detainee Daquan Wallace was found
unresponsive in his cell with a severe head injury. He was found by his cellma?te Detainee Joseph Beatty
According to Major Moore, Detainee Beatty went to dinner and upon his return he found
Detainee Wallace unresponsive and immediately noti?ed Sergeant George Almiroudis of the situation.

I - Detainee Wallace was taken to the medical unit and was tranSported to Johns Hopkins Hospital via ambulance

 

(EXHIBITS #1 and Major Moore advised that the incident was not captured on security cameras.

Detective Sergeant Junior Nwanja and I were dispatched to Johns Hopkins Hospital to begin the investigation.
We arrived at Johns Hopkins Hospital at approximately 21 :45 hours, and responded to the. Surgical Intensive
Care unit Room 48. There we met with Correctional Of?cers (COII) Hodaine Dyer, who rode with Detainee
Wallace in the ambulance and (COII) Stephen Pearson both of which stated that Detainee Wallace was
unconscious the whole time and had not made any comments. I then talked to Dr. Fermin Fontana who stated
that Detainee Wallace?s condition was critical and that he suffered an orbital fracture to his left eye, and had
severe swelling to his brain. Dr. Fcntana advised that Detainee Wallace was scheduled for an MRI on
December 2014. Photographs of Detainee Wallace were taken. We also took custody of Detainee
Wallace?s clothing. The clothing was taken back to the IID of?ce in Savage, photographed and placed in
evidence with a chain of custody (EXHIBITS #3 and 

On December 18th 2014, at approximately 22:15 hours, Detective Sergeant Nwanja and I responded to BCDC
were we met with Major Moore. We responded to the ~unit and tool: photographs of Detainee Wallace?s cell.
Major Moore also gave us copies of Serious Incident Report (SIR) #14-397 and a Matter of Record (MOR)
from COII Rene Jacltens. I learned the following from SIR #14397: On December 18th 2014 at approximately
19:32 hours, a medical assistance was placed over the unit for Post it 56 G-secticn. Staff responded to the area
and found Detainee Wallace unresponsive in his cell. Major Moore ordered her staff to assist in escorting
Detainee Wallace to the medical unit where he was evaluated by Physicians Assistant (PA) Aiualem Seyoum.
Detainee Wallace was found to have trauma to the right side of his head, his bottom lip, and the back of his
head contained sections of blood. PA Seyoum determined that he needed to be sent to an outside area hospital
for treatment because he never gained consciousness while being treated. Medic #44 arrived at the facility at
approximately 20:06 hours and transported Detainee Wallace to Johns Hopkins Hospital (EXHIBITS #5 and

nan 

 

 

 

 

Department of Public Safety Correctional Services Page 4 of 9
Internal Investigative Division COMPLAINT CONTROL NO.

Continuation Sheet CIR 14-35-01366 
rm:

. . .

 

 
   

   

ACTION TAKEN (CONTINUED):

From COII Jackens?s MOR I learned the following: On December 18m 2014 0011 Jackens was assigned to G-
section. At approximately 19:58 hours the East top and bottom and West top cells went to the dining hall except
for cell 03, #47 and #48. Feed up started at approximately 19:20 hours and returned to the section at
approximately 19:45 hours. COII Jackens states that he went to all unsecured cells and secured them and that
Detainee Wallace went to the dining hall. At approximately 19:58 hours, after all detainees were locked in,
medical assistance was called for Detainee Wallace (EXHIBIT 

On December 18th 2014, Detective Sergeant Nwanja and I conducted an interview with COII Jackens. During
the interview he was able to con?rm the facts of his MOR. When asked if Detainee Wallace went to feed up,
COII ackens stated that be checked and secured all empty cells and that Detainee Wallace was not in his cell
and had gone to feed up. When I explained the severity of Detainee Wallace?s injuries, COII Jackens again
stated that Detainee Wallace was not in his cell during feed up.

On December 18th 2014, Detective Sergeant Nwanja and I conducted an interview with Detainee Wallace?s cell
mate Detainee Joseph Beatty During the interview Detainee Beatty stated that he did not know
what happened to Detainee Wallace. Detainee Beatty stated that when he went to feed up, Detainee Wallace .
was in his bed. and he thought he was sleeping. When he returned from feed up he stated that Detainee Wallace
was still in his bed and when he moved him to wake him up that is when he noticed that he was unconscious.
Detainee Beatty stated that is when he got a (30?s attention to get him medical help. Detainee Beatty stated that
he did not know how Detainee Wallace became unconscious and he stated that he did not know who assaulted

him.

On December 18"1 2014, Detective Sergeant Nwanja and I conducted an interview with Detainee Rodney Tatum
(SID 3497586). Detainee Tatum was assaulted 5-10 minutes prior to the medical code being called for 
Detainee Wallace. Detainee Tatum could not identify his attackers and indicated an unwillingness to pursue
criminal charges in his case; therefore, his incident was not investigated by IID. Furthermore, he stated he had
no information regarding Detainee Wallace or him being assaulted. Detainee Tatum was interviewed because at
the time it was thought that his assault was related to Detainee Wallace?s assault but we were able to determine

that the incidents were separate (EXHIBIT 

On December 19th 2014, I responded to Johns Hopkins Hospital to conduct a welfare check on Detainee
Wallace. I spoke with Doctor Fermin Fontan who stated that Detainee Wallace had Hypoxic injuries, which is
caused by lack of oxygen to the brain. He stated that Detainee Wallace had some major swelling on his brain
and that he had suffered some brain damage. He advised that there was swelling to his left orbital area and he
had scratches on his chest. Doctor Fontan also advised that Detainee Wallace would be going for an MRI.
While at the hospital I spoke with Detainee Wallace?s mother Ms. Nicole Wallace, I advised her that if she had
any informationregarding the assault on her son to contact me. Later that evening I spoke with Doctor Jed
Wolpaw about Detainee Wallace. He stated that the MRI concluded that Detainee Wallace had suffered a
diffuse axonal injury which is caused by a major impact to the head. Doctor Wolpaw stated that there is a slight
chance that Detainee Wallace would. recover. I took photographs to document Detainee Wallace?s injuries.

(EXHIBIT 

On December 19th 2014, Detective Rodney Allen conducted searches in Cell?s 3 (Jermaine Mitchell (SID
#3180142?, #4 (Tony Clifton #47(Brandon Miller (SID #3 260154)) and #48 (Terrell Fields

 

 

 

 

 

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Department of Public Safety 85 Correctional Services Page 5 of 9
Internal Investigative Division COMPLAINT CONTROL NO.

Continuation Sheet CIR 14-35-01366 

 

     

ACTION TAKEN (CONTINUED):

(SID #292715 I advised Detective Allen to collect letters, paperwork, and any evidence that he thought
could be related to this incident. Some bloody clothing was recovered from Cell #47/48. At a later datel
examined all the evidence recovered but I was unable to ?nd any evidence related to the assault on Detainee

Wallace (EXHIBIT 

On December 19th 2014, Detective Sergeant Nwanja and I conducted an interview with 0011 Michael Scipio,
who was a responding of?cer. COII Scipio stated that when he responded, Detainee Wallace was unconscious
and he helped transport him to the Medical unit. He had no knowledge of who assaulted Detainee Wallace.

On December 19th 2014, Detective Sergeant Nwanja and I conducted an interview with Detainee Harris Bilal
He was interviewed after he gave a note to a BCDC Lieutenant Derek Holmes, that stated that
he had some information pertaining to the assault on Detainee Wallace. During the interview Detainee Bilal
stated that Detainee Wallace was assaulted by Black Guerrilla Family (13 GF) gang members. He stated that
?Meatball and Black,? (Detainee Bilal did not know the Detainee?s real names), ?were leaders of the BGF and
they, with the help of their guys attacked Detainee Wallace.? We showed Detainee Bilal pictures of the people
incarcerated on G?section the day of the incident, he was able to point out Detainee Dean Reese 
as ?Black? and Detainee Kenneth Faison 3180142) as ?Meatball? When asked about the reason why
Detainee Wallace was assaulted, Detainee Bilal stated that he wasn?t sure, but he thought it was because
Detainee Wallace stole something from or spit on someone who was a BGF member. Detainee Bilal also stated
that the incident happened after they left for feed up. Detainee Bilal was transferred to WDC that night for his
safety. On December 1let 2014, Detainee Bilal was transferred to the Division of Corrections to
answer for a crime he committed in (EXHIBIT #11 and 

On December 23rd 2014, Detective Sergeant Nwanja and I re~interviewed Detainee Joseph and Detainee Tatum,
however no new information was obtained. -

I continually conducted condition checks on Detainee Wallace to see how he was progressing. On January 2"d
2015 Detainee Wallace was moved to Bon Secours Hospital. I visited Detainee Wallace on January 8th 2015
and learned that his condition had not improved and that he was still unresponsive.

On January 9th 2015, Detective Sergeant Nwanja and I conducted interviews with the detainees from cells #03
Detainee Jermaine Mitchell, #04 Detainee Tony Clifton, #47 Brandon Miller, and #48 Terrell Fields. All ol?the
Detainees stated that they did not know anything about the incident and all stated they did not know who
assaulted Detainee Wallace (EXHIBITS #13, #14, 15, and 

I asked the intelligence of?ce to record all the facility telephone calls made by Detainee Beatty, Detainee
Mitchell, Detainee Clifton, Detainee Miller, Detainee Fields Detainee aison, and Detainee Reese on and for
several days after that day of the assault. The assault on Detainee Wallace was mentioned brie?y in a few of the
telephone calls, but there was no mention of who actually assaulted him or where the assault occurred

(EXHIBIT 

On January 16th 2015, Detective Sergeant Nwanja gave me a letter given to him by Lieutenant Charnel Hines.
The letter stated it was written by an anonymous person. The letter names Detainee Dean Reese 5 62)

and Detainee Ronald Seawright as potential attackers. I contacted Lieutenant Hines and asked

 

 

 

 

 

 


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Department of Public Safety 85 Correctional Services Page 6 of 9
Internal Investigative Division COMPLAINT CONTROL NO.
Continuation Sheet CIR 1465?01366 

 

   

ACTION TAKEN (CONTINUEDI:

her how she received the letter. Lieutenant Hines stated that the letter was found in a suggestion box in the
prison. She stated that she did not know who had written the letter. I was able to discover that Detainee Reese
also goes by the name ?Black?; he was also released on December 313:2015. I learned that Detainee Seana'ight

had been released on January 15?h 2015. (EXHIBIT #18)

On February 2015, I responded to Bon Secours Hospital to conduct a welfare check on Detainee Wallace. I
learned that Detainee Wallace was issued a compassioned release on January 23rd 2015, and was moved to the
main hospital wing. Upon speaking with Ms. Wallace I learned that Detainee Wallace?s condition had not
changed, He was still unresponsive and was not able to speak.

On February .26th 2015, Detective Sergeant Nwanja and I responded to BCDC to conduct an interview with
Detainee Kenneth Faison 3180142). When asked if he lm'ew of the incident, Detainee Faison stated that
he knew someone got beat up, but that he did not know who it was. When asked if he knew who assaulted
Detainee Wallace he stated that he did not know. We advised him that someone had named him as one of the
attackers on Detainee Wallace and he stated that he had nothing to do with the assault and knew nothing about
it. We did not ask Detainee aison any further questions because he refused to sign the advisement of Miranda

Rights form (EXHIBIT 

On April 28?1 2015, I received an e?mail form BCDC Warden Betty Johnson. The e?mail stated that a former
inmate approached her on the street and asked ?if they ever found out who killed the young boy on G?Section in
December?. The former detainee refused to give his name but stated that ?the boys Flatline, Meatball and D-
Nice beat him up and put him back in his bed?. Warden Johnson had the intelligence unit for BCDC check the
names ?MeatBall?, ?Flatline?, and ?D?Nice? with their computer system. The name ?Meatball? came back to
Detainee Brandon Brown 3105 754), the name ?Flatline? came back to Detainee Dominic Evans 
and the name ?D?Nice? came back to Detainee Derron Johnson I did a check I
of the names on the tier roster and found that all. three Detainees were house on the Gusection Tier on December

17?? 2014 (EXHIBITS #20, #22, and 

On May 10th 2015, I spoke with Ms. Wallace who stated that Detainee Wallace?s condition had not changed; He
was still unresponsive and was not able to speak. This was the last time Ihad contact with Ms. Wallace. I?ve
attempted to contact her several times after this but the telephone number I have for her no longer works.

On May 13?112015, Imet with BCDC Warden Betty Johnson. She stated that she did not know who the detainee

was that stopped her in the parking lot, but she would recognize his photograph. I showed her photographs of

. the detainees held on the G-section Tier on December l7tll 2014 and she was able to identify Detainee Louis
Dukes as the person that stopped her and gave her the names of the inmates (EXHIBIT 

On May 13th 2015, I checked OCMS and found that? Inmate Dukes was on parole. I contacted his parole agent
Ms. Erica Mcleod. She stated that Inmate Dukes was in violation of his parole and she was getting a warrant for
him. I advised her to contact me when Inmate Dukes was in custody.

On August 23 rd 2015, I received a call from parole agent Ms. Moleod who advised that Inmate Dukes was again
incarcerated and was at Baltimore Central Booking Intake Center (BCBIC).

 

 



 

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Department of Public Safety Correctional Services Page 7 of 9
Internal Investigative Division COMPLAINT CONTROL NO.

Continuation Sheet CIR 14?35-01366 

 
  

ACTION TAKEN 

On August 24th 2015, I responded to BCBIC to interview Detainee Dukes (I learned that he was going by the
name Llyod Noonan). Detainee Dukes stated that he was the person who stopped Warden Johnson and advised
her of the names of the people who assaulted Detainee Wallace. Detainee Dukes again gave the names 
?Meatball?, ?Flatline?, and ?D?Nice? as the ones he saw assaulting Detainee Wallace. Detainee Dukes was
transferred to Maryland Reception, Diagnostic and Classi?cation Center for his safety.

On November 16?h 2015, Detective Sergeant Nwanja and I responded to to conduct an interview with
Detainee Dukes. Detainee Dukes stated that on December 18th 2014 he was coming back from feed up and he
saw Meatball, Flatline and D-Nice beating up Detainee Wallace. He stated that Detainee Wallace was heat up
because of a phone issue. When asked if he knew the real name of Meatball, Flatline, and D-Nice, he stated that
Meatball?s name was Brandon Brown, Flatline?s name was Dominic Evans, and D-Nice?s real name is Derron
Johnson. Detainee Dukes stated that Detainee Dean Reese was involved with the incident as well. When asked

if he would be willing to testify to these facts he stated yes.

011 March 29th 2016, I made four (4) separate photo-army?s containing the photographs of Detainee Dominic
Evans, Detainee Derron Johnson, Detainee Brandon Brown, and Detainee Dean Reese. At approximately 14:45
hours, I responded to Jessup Correctional Institution (J CI) to conduct an interview with Detainee Dukes. During
the interview Detainee Dukes stated that he would be able to pick out the inmates he saw assault Detainee
Wallace. From photo-array #1 Detainee Dukes was able to identify Detainee Evans and marked his photograph
with his initials. From photo-array #2 Detainee Dukes was able to identify Detainee Johnson and marked his
photograph with his initials. From photo-array #3 Detainee Dukes was able to identify Detainee Brown and
marked his photograph with his initials. From photo-array #4 Detainee Dukes was able to identify Detainee
Reese and marked his photograph with his initials. Detainee Dukes also advised that he would be willing to
provide me with an audio recoded interview about the incident but would like his lawyer present when doing- so.
He provided me with his lawyer?s name Mr. Todd Opinhime. The interview was concluded at approximately

15:30 hours (EXHIBITS #25, #26, #27, and 

On March 28"1 2016, I discovered that Detainee Dean Reese (who was named in the anonymous
letter and by Detainee Bilal as being involved) was re?incarcerated at Maryland Correctional Training Center
(MCTC). On March 30?h 2016, at approximately 13:15 hours, I responded to MCTC and conducted an interview
with Detainee Reese. Before the interview I advised Detainee Reese of his Miranda Rights and had him sign a
copy of those rights. Detainee Reese advised that he wanted to waive those rights and agreed to the interview.
When asked if he was incarcerated in December of 2014 he advised, ?Yes: and stated he was incarcerated at
BCDC then on G?section. I asked if any assaults occurred on that tier and he advised ?Yes, a lot?. Ithen showed
him a photograph of Detainee Wallace and asked if he recognized him, Detainee Reese advised he did. I then
asked what happened to him and Detainee Reese advised that Detainee Wallace was only on the tier for
approximately twenty (20) minutes or so. He stated that he was brought on the tier by five (5) officers and
looked like he was already ?ghting because he was handcuffed. Detainee Reese advised that Detainee Wallace
was placed in his cell and did not go to the chow hall for dinner. Detainee Reese stated, after they returned from
chow a few minutes later of?cers responded to his cell and a medical unit was called. I asked Detainee Reese if
.- he knew who assaulted Detainee Wallace and he stated that he did not. When asked if he was affiliated with a
gang, he stated ?Yes? and advised that he was a Black Guerilla Family (B GF) member. I then advised him that I

 

 

r?X

 

Department of Public Safety Correctional Services Page 8 of 9
Internal Investigative Division COMPLAINT CONTROL NO.
Continuation Sheet CIR 14?35-01366 
- NARRATIVF 

 

 

ACTION TAKEN (CONTINUED):

 

had a piece of evidence that implicated him as one of the assailants or that he possible gave the order to have
Detainee Wallace assaulted. Detainee Reese advised that he had nothing to do with the assault and never gave
any order to have someone assaulted. When asked if he was a high ranking member of the BOP on that tier. He
stated no that he just kept to himself. I then showed Detainee Reese photographs of Detainee Dominic Evans,
Detainee Derron Johnson and Detainee Brandon Brown and asked if he knew any of the Detainees. He stated
that he didn?t loiow Detainee Evans or Detainee Johnson but did remember Detainee Brown. When asked if he
knew if any of these detainees were involved in assaulting Detainee Wallace and he stated he didn?t know. The
interview concluded at approximately 14:10 hours (EXHIBITS #29 and 

No further action was taken.

SUMMARY:

On 12/18/2014, at approximately 20:3111ours, Major Karen Moore of BCDC, contacted the IID duty of?cer to
report that at approximately 19:32 .hours, Detainee Daquan Wallace was found unresponsive in
his cell his cellmate Detainee Joseph Beatty 


During my investigation, lresponded to Johns Hopkins Hospital several times and conducted several condition
checks on Detainee Wallace. The ?nal diagnosis was given to me by Doctor Jed Wolpaw, who stated that the
MRI concluded that Detainee Wallace had suffered a diffuse axonal injury, which is caused by a major impact
to the head. Detainee Wallace was issued a compassionate release from custody,

 

During my investigation, I conducted an interview with Detainee Wallace?s cell mate Detainee Joseph Beatty,
who stated that he found. Detainee Wallace unconscious after returning from feed?up. Upon ?nding him in that
condition, he advised the guard and the guard called for the medical unit. Detainee Beatty stated that Detainee

Wallace did not go to feed~up that day and was asleep in his bank.

During my investigation, I conducted interviews with correctional staff who stated that Detainee Wallace was
not in his cell during feed up. Upon returning the inmates to their cells after feed, another inmate was assaulted
and that it was brought to the staff? attention the Detainee Wallace needed medical attention.

During my investigation, I conducted an interview with Detainee Harris Bilal. He stated that BGF gang
members assaulted Detainee Wallace. Detainee Bilal was able to provide me with the names of ?Meatball and
Black? as the possible assailants. We showed Detainee Bilal pictures of the people incarcerated on G-section
the day of the incident, and he identified Detainee Dean Reese as ?Black? and Detainee Kenneth Faison as
?Meatball?. Detainee Bilal stated he thought DetaineeWallace was assaulted "because he stole something from
or spit on someone who was a BGP member. Detainee Bilal also stated that the incident happened after they left
for feed up. December 21St 2014, Detainee Bilal' was transferred to the Division of Corrections to

answer for a crime he committed in 

. During my investigation, I went through evidence collected from the cells of the detainees who did not go to
feed up on the day of the incident, but no evidence was found pertaining to the assault on Detainee Wallace. 1
also listened to several telephone calls made by the inmates who were assigned to that tier; again no evidence

was found pertaining to the assault on Detainee Wallace.

 

 

All/19. -
J. 70.1.11? I 

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Department of Public Safety :35 Correctional Services Page 9 of 9
Internal Investigative Division COMPLAINT CONTROL NO.

Continuation Sheet CIR 1465?01366 

 

 

 

 

SUMMARY (CONTINUED):

During my investigation, I learned that Detainee Louis Dukes had provided Warden Betty Johnson with
information pertaining to the assault on Detainee Wallace. I made contact with Detainee Dukes who stated that
he witnessed Meatball, Flatline and D-Nice beat up Detainee Wallace. He stated that Detainee Wallace was beat
up because of a phone issue. When asked if he knew the real name of Meatball, Flatline, and D~Nice, he stated
that Meatball?s name was Brandon Brown, Flatline?s name was Dominic Evans, and D?Nice?s real name is
Derron Johnson. When asked if he would be willing to testify to these facts he stated yes. I made a separate
photo arrays containing the photographs of Detainee Brandon Brown, Detainee Dominic Evans, Detainee
Derron Johnson, and Detainee Dean Reese and asked Detainee Dukes if he could identify the detainee?s
involved in the incident. Detainee Dukes was able to positively identify Detainee Brown, Detainee Evans,
Detainee Johnson and Detainee Reese from the photo arrays.

Based on the fact that only one witness has come forward and is willing to testify, and the length of time it has
been since the incident, I request that this case be referred to-the Baltimore City's States Attorney?s Office for

review.

Detective Dominic Bonvegna
Hours: (160)

 

Al.43.. . O??rd L- ?aim 1.17.371] 

 

{?ick-

Bonvegna, Dominic 

?from: Allen, Rodney 0.
ant: Tuesday, December 23, 2014 10:23 AM
To: . Bonvegna, Dominic
Cc: Morrow, Daniel L.
Subject: CasesE 14?35-1366 Cell Searches Section

On 12/19/2014, Cell #5 3/4 and 47/48 were searched in reference to Casesi 14-35~1366 involving the victim Daquan
Wallace. The below listed preperty was seized:

Cell 3/4: On 12/19/2014 at 1445, the top bunk which belonged to inmate Jermaine Mitchell #3184161 was searched.
Various types of paperwork were seized including letters, a MD Division of Corrections photo ID with the name Jermaine
Mitchell and phone numbers which were found underneath the top bank?s mattress.

On 12/19/2014 at 1445, the bottom bunk which belonged to inmate Tony Clifton #3074816 was searched. Various types
of paperwork were seized including letters, phone numbers and a MD Division of Corrections Photo ID with the name

Tony Clifton which were found underneath the bottom bunk?s mattress.

Cell 47/48: On 12/19/2014 at 1545, the top bunk which belonged to inmate Brandon Miller #3250154 was searched. In
plain view, a white was on top of the mattress. After further inspection Detective Alien discovered that that t?shirt
contained what appeared to be blood stains on the front of the shirt. The t-shirt was seized as possible evidence. Various

. types of paperwork were seized including letters, phone numbers and a MD Division of Corrections ID with name

Bra ndon Miller which were found underneath the top bunk?s mattress.

I 12/19/2014 at 1545, the bottom bunk which belonged to inmate Terrell Fields #2927150 was searched. Various

types of paperwork were seized including letters, gang related material, phone numbers, pictures and a MD Division of
Corrections it) with the name Terrell Fields. Inmate fields advised before leaving the cell that a bag of clothes which laid
beside the bottom bunk belonged to him and that he had just washed his clothes. While searching the bag Detective
Allen discovered that two articles of clothing in the bag weren't wet while all the other clothing were completely
saturated. After further inspection of the dry clothing it was discovered that one orange shirt contained blood stains on
the front and back. Also there was a pair of blue jeans that also had bloodstains on the front pants legs. All items were

seized.

Trash Can G?section Top Tier East: On 12/19/2014 at 1545, the trash can was searched. Inside the trash can was various
types of paperwork including letters, pictures and phone numbers belonging to the victim Daquan Wallace.

Floor G?Section Top Tier West: On 12/19/2014 at 1545, Detective Allen discovered a white sheet lying on the floor.
Further investigation discovered that the white sheet contained blood stains. The sheet was seized as possible evidence.

Detective Rod nev Allen


  

EXHIBIT

ID

tabbies?

  
 

Deposition of John Gauthier Daquan M. Wallace, et a] v. State of Malyland?t a1

1 THE CIRCUIT COURT FOR

2 BALTIMORE CITY, MARYLAND

3

4 I 

5 DAQUAN M. WALLACE, at 8.1., 

6 Plaintiffs 

x.

7 VS CASE NUMBER:

8 STATE OF MARYLAND, et 8.1., 24nC~l7-004675

9 Defendants 

10 ll_x
11

12 The Deposition of JOHN GAUTHIER, held at

33 IHANSEL LAW, PC, on Monday, November 19, 2018, from
14 9:17 a.m. to 11:08 before Emily Rose
15 Hoffman, Notary Public for the State of Maryland.

_16
17
18
19
2o Reported by: EXHIBIT

21 Emily Rose Hoffman 

 

 

 

CRC Salomon, Inc. - info@crcsalomon.com Page: 1 (1)
Office (410) 821-4888 2201 Old Court Road, Baltimore, MD 21208 Facsimile (410) 821-4889

Deposition of John Gauthier

Daquan M. Wallace, et al v. State of Maryland,et a1

 

Page 6

Page 8

 

 

 

 

 

1 that she can record appropriately. 1 facilities maintenance for all of the state
2 A. Okay. 2 institutions in Maryland.
3 Q. And that's to, obviously, to protect 3 Q. Okay. And when you say state
a the integrity of what you have to say and of the 4 institutions, are you talking about correctional
5 record so that we aren?t later trying to ?gure 5 institutions?
6 out whether, you know, U-G-H is uhn-uhn or nun-hmm 6 A. Correctional institutions, yes.
"i when it's written two or three times, and believe 7 Q. Okay. So, for instance, if there
8 me, that happens. So I will ask you to respond 8 were you don't have any purview outside of the
9 appropriately. 9 correctional context; is that correct?
10 Today's not any kind of a marathon, so 1 0 A. Correct.
11 if you need a break at any point, let us know. I 11 Q. Okay. And very broadly speaking, and
12 will ask you only that the last question has been 12 understanding it?s a far more complex job than I?m
13 asked and answered. In other words, that if you 13 going to want you to answer in two minutes, but
14 need a break, ask us between questions. I don?t 14 very broadly speaking, tell me what that job
15 need to know why, but just that you need a break 15 entails are your duties from a thousand feet in
16 works for me. 15 the air?
If we go long enough that anybody 17 A. I have four individual regions,
18 needs a food break, we will take it. We won't, 13 maintenance regions. Each of those four regions
19 but if that were if you had some needs that I 19 are supervised by a regional manager. Those four
20 might not anticipate for food or medications or 20 regional managers report directly to me on all
21 whatever, that can be taken care of on a break, 21 maintenance activities within all of the state 
Page 7 Page 9
1 but we're not going to go it?s about 20 minutes 1 prison institutions.
2 after 9:00. We're not going to be going past 2 Q. Okay. And does one of those regions
3 lunch in this particular deposition. We have 3 include Baltimore City?
4 others scheduled today. ?1 A. Yes, it does.
5 I am going to rely Okay. And I should have asked, I
5 know if there is any question I ask that you don?t 6 presume, butl don't actually know, I guess, are
?7 understand, and that's an important rule because, '7 they -- are the regions geographic in scope?
3 otherwise, you know, I, hopefully fairly, assume 3 A. Yes, they are.
9 that you have heard and answered the questionI 9 Q. Okay, all right.
10 asked, which means you have to let us know and 10 And so which region is it? Are they
11 sort of police whether or not I've said anything 11 numbered? Lettered? How do you refer to them?
12 that wasn?t clear to you for any reason. 12 A. Actually, the subject is the Baltimore
13 Those are just some background rules. 13 region. It's simply the Baltimore region.
14 There are others we might get into as the 14 Q. Got it. Understood.
15 deposition proceeds, but I don't want to spend too 15 And the Baltimore region, does that
1?5 much time because I think you?re on a relatively 15 include anything out of the city proper?
17' narrowly focused issue. 17 A. No, it does not.
13 A. Okay. 13 Q. All right. So the Baltimore region is
19 Q. Let me ask you, though, to explain to 19 Baltimore City in effect?
20 me how are you currently employed? 2? A. Correct.
21 A. I am the assistant director for 21 Q. Okay. All right. Who's the current
CRC Salomon, Inc. info@crcsalomon.com Page: 3 (6 - 9)

Office (410) 

2201 Old Court Road, Baltimore, MD 21208

Facsimile (410) 821-4889

Deposition of John Gauthier

Daquan M. Wallace, et al v. State of Maryland,et a1

 



4mm

. Page 10
manager for Baltimore City?
A. Scott Snyder.
Q. Okay. All right. Is his address,
of?ce address the same as yours?
A. No, it's not.
Q. What's his of?ce address?

A. I'm not entirely sure. But he's at
the downtown Baltimore regional maintenance
of?ce. The street address I'm not sure of.



Page 12
it means, but de?ne DGS for me.
A. Department of General Services.
Q. All right, good.

And when you were the capital
maintenance project manager, to whom did you
report?

A. SK Kulkarni.
Q. Was SK Kulkarni, Ms. Kulkarni or
Mr. Kulkarni?

 

 

 

 

10 Q. Don't need it. I know Where it is, 10 A. Mister.
11 thank you. 11 Q. And was he then the assistant director
12 And the -- how long have you been the 12 of facilities --
13 assistant director for facilities management? 13 A. No.
1?1 A. Since 2016. 14 Q. Okay. What was his --
15 Q. All right. And prior to that, were 15 A. He was the director of capital
16 you employed in the same ?eld, I guess? 15 construction and facilities maintenance.
17 A. Yes. 17 Q. Okay. To whom did Mr. Konkarni [sic]
13 Q. And how were you employed prior to 13 report?
19 2016? 19 A. It's Kulkarni, and he reported to
20 A. I was in charge of and my title was 20 David N. Bezanson.
21 capital maintenance projects manager. 2 1 Q. And what was Mr. Bezanson's title?
Page 11 Page 13
1 Q. Okay. And when did you become the 1 A. David Bezanson is the assistant
2 capital projects maintenance manager, 2 secretary for capital programs.
3 understanding that you stopped that job and took 3 Q. And who is the current director of
?1 on your new role in '16? 4 facilities maintenance? You said you were the
5 When did you become the capital 5 assistant director?
5 maintenance project manager? 6 A. Katherine Dixon.
7 A. In 2012. 7 Q. Okay. And how long has she been in
3 Q. All right. So during the period of 3 that role? 
9 2013, 2014, you were the capital management 9 A. Since 2015 or -- ?15.
10 tell me again. 10 Q. Who held the position before that?
ii A. Capital maintenance project manager. 11 A. SK Knlkarni.
12 Q. All light. Thank you. 12 Q. When did Mr. Kulkami attain the role?
13 And what were your duties this way, was it before 2013?
14 capital maintenance project manager? 14 That's really 
15 A. I was the direct interface with all 15 A. Yes.
15 DGS critical and capital maintenance projects for 15 Q. Good enough for my purposes. And
17 all the institutions in the state. 17 Mr. Scott Snyder, who deals with the Baltimore
is Q, Okay. 1'3 region presently, when did he become the manager
19 A. And, again, that's prison 19 for the Baltimore region?
20 institutions. 20 A. 2017.
21 Q. Understood. And I think I know what 21 Q. Okay. And who was the manager prior

 

CRC Salomon, Inc.
Of?ce (410) 821?4888

- info@crcsalomon.com
2201 Old Court Road, Baltimore, MD 21208

Page: 4 (10 - 13)
Facsimile (410) 821-4889

Deposition of John Gauthier

Daquan M. Wallace, et al v. State of Maryland,et a1

 

 

 

 

 

 

Page 5 4 Page 56
1 Q. Previously? 1 A. Sure.
2 A. Thursday of last week. 2 Q. Okay, all right.
3 Q. Okay, all right. 3 And where were those keys kept, if you
4 And did you review any other documents 4 know?
5 in preparation for today? 5 A. I don't know. Operations, they have
6 A. No. 5 their own policies, procedures, controls. That
7 Q. Okay, all right, good. 7 wasn't my thing.
3 And now, if a guard wanted to open a 3 Q. Okay, understood. I appreciate that.
9 particular cell, the cell at issue here is G35, if 9 What, in 2014 -- so, in other words,
10 it matters, but if a guard wanted to open a 10 after the P2 work was done, what would a
ll particular cell, how was that done in 2014, let's 11 correctional of?cer need to do in order to review
12 say? Did they walk down the tier with a set of 12 a videotape of an area?
13 keys? 13 So if there were an area of interest,
14 A. Set of keys. 14 a particular hall, the dining room, whatever, if
15 Q. All right. And so the cell was 15 they wanted to go back after an event and View the
15 opened. Was it opened at the cell door or at a 15 videotape, physically, how would that work?
17 station nearby? 17 A. You have to go to an individual work
18 A. Cell door. 13 station. There is a software package that we
19 Q. Okay. 19 employ at all of the state institutions called
20 A. There were no central controls in BCDC 20 ViconNet. It is a video recall system. And
21 men?s detention center. There were common doors 21 you're able to go back in time to a particular
Page 55 Page 57
1 that were controlled from a discrete relay control 1 time of day, day of week, even week of month, and
2 panel, but not cell doors. 2 do a search on a speci?c camera.
3 Q. And so if the whole tier was being let 3 Q. Okay. And how long, setting aside any
4 out to go to feed-up, for instance, somebody had ?1 litigation holds, which i know are sometimes a
5 to individually open each door? 5 different thing, how long does that data stay
5 A. The condition of that facility, just 6 available?
7 prior to closure, that would have probably been . 7 A. We designed the systems right now for
8 the case. There was at one time a cable-driven 8 45 days.
9 emergency release system at the end of each tier. 9 Q. And what about in 2014, with this new
10 But it was -- I don't know that it functioned. 10 P2 system in place, was it 45 days?
Q. All right. And what about in 2014, 11 A. It would have been 45 days.
12 which was a little bit prior to closure? 12 Q. Okay, all right.
13 A, No. 13 And if, within 45 days and in this
14 Q. So you don't believe the cable?release 14 case, I don't know how much you know about it, but
15 system worked then either? 15 in this case, my client was attacked in the
15 A. Probably not. 16 facility. We don't need to go through a lot of
17 Q. Okay. So in order to open cell G35, a 1'7 the detail. But was attacked and pretty
13 guard had to go to cell 35, stick the key in, turn 1 3 grievously injured.
1 9 it, and slide the door open? 19 In a situation like that, how is the
20 A. Probably, yes. 20 tape preserved beyond 45 days given that there are
2 1 Q. That was as of December 2014? 2 1 potential criminal issues, potential
CRC Salomon, Inc. - info@crcsalomon.com Page: 15 (54 - 57)

Of?ce (410) 821-4888

2201 Old Court Road, Baltimore, MD 21208

Facsimile (410) 821-4889




1WDeoeweooz - - . - AppendixB

TITLE: Daily Overtimelcoompensetory Time Aurthurization
PURPOSE: Document prior approval. justify accrual 8r monitor 80-hour pay period cap
Employee Supervisor. Timekeeper 8: Shift Commander

Notice to all employees: . ii) the accrual overtime or compensatory time must always be
approved in advance

(2) no officer shall be allowed to work (volunteer or draft) more

than 80 hours of overtime in one pay period The 2 1I2 hours
earned at roll call in not included when calculating overtime

Employee's Name lprint): afi?Cle Sh?
eel: '1 8L0

Clock I Timecerd Number:

 

 

 

 

 

 

 

. r?

Aseigned LocatIon: - WC Assigned oatermlrI/oorm: l?Z ~15
reason for accrual of overtimeloompeneatory time: 6 I ?J?f
type oi hours worked (check 1): I 
DRAFT Volunteer Compensatory Late Relief/incident 
Total Hours: Off; (Military) Start Time: I {00 Stop Time: 53%
Conversion Chart 1 to minutes: 0.1 31 to 36 minutesminutes= 0.2 37 to 42 minutes= 0.7 -

13 to 18 minutes: 0.3 43 to 48 minutes= 0.8

19 to 24 minutes: 0 4 49 to 54 minutes= 0.9

25 to 30 minutes= 55 to 60 minutes: 1 hour

 

Employee Signature: Date: 

Supervisor Signature to Verify

late relief I incidental:

 

 

 

 

 

 

 

Timeke?eper Signature:

Signature of Shift Commander

to eppove this request: Date:

 

 

EXHIBIT
DPDS 309-94 (REV. 8-10 ?6

 

it," 

SHIFT: 



 

Capiaii?i

ASAMU I Dept. MDCIJIB
DAVIS 1 .LI. MDCMIDCIJIB
3
AGU 3
OKDYE 3
RDZARIO 3 Bldg: Muriel: Supv.(l.Ti
TTHEW ARREEKKA 8 Eupv. {Lil
BATTLE a Supv. (LT)
WILKENS 5 Supv. (LT)
LAGGHU 
MUNENE 10
JAMEs 1 0
MITCHELL 1 1
BALM 12
WAGHIHA 1 2 Cool.
MOD RE 12 Building (Cami Ll)
HAN KS 12
MOORE
BRANDON
WILLIAMS
JORDAN
ROSEZENNA WI LSGN

RONALD CRAWFORD
GOODWIN
JAZMIN CAMPBELL
SIMMONS SIM
LATARSHA MGGROREY
JOHNSON
COFIE
WILLIAMS
YA. SHOWN
SGHEITINU

YSIA SMITH Alford
ASIDYE Maolouie Dhakah

DUNK Mueua
COZART PM
LOFTON Clinique 
anlsha Cewthorne
Shewnlavvi Clifton
Coleman
Doraev
Downs
Oialuhnsun Famagun
Ganheu
Margie Gaines
Hamlin

Jackson
J?i?i?lBE
Lekia Jamoe
Kyron Jenkins
Jude
Johnson
Johnson
Kalle
Lawson
Meckia
Manning
Mbakogu
MoGill
Mikeheil
Mokuh
Ngundam
Nwechukwu
O'Connor
Pierre-Louis
Riienour

. POST ASSIGNMENT WORKSHEET
THURSDAY

R.
D. OGUNMODEDE
EDWARDS

MUD-WOO JIB EDWARDS

T)
DARBY

Tom
Toporozvk
Uchenna Urneokelor
Kameron Washington
Dianivi Waleola
Monle Willierne

Carolyn Oliver
Boone
Brelhivaiie

Kendra Carr
anlerdra Flnoh
Nakla Gllilnga
Eunice Hawkins
Latoya Lea
Sheppard

?ghRemiguia Ugbonna
Burch
Hovvoll
Malor
McLaughlin
F'n'lehord
Thomas
Tiffany Woiker

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12i18i14
Supervisory
Entitlements 
1 Accident Leave: 
2 Adm Lv I GDBR SWPAuntie! Leave: a
4 Bereavement Leave: a
5 Compensatory Leave: 
a CourtiJerv Leave: 
'l Daaih Sick Leave: 0
a Family Sick Act: 0
9 Holiday: 0
10 LWCIP 0
"ii Mililary Leave: 
12 Personal Leave: Li
13 Public Health Leave: 
14 Personal Sick Leave: 0
16 [Swap win Pay] SWDP: 
16 Tu}. with Firearms 0
1? TRNG. N0 FA 0
13 Tiny New Hire with FA 0
19 . PRE- Son. DJT 

 

Schedulln Fl ureSg
Authorized Positions 

 

 

 

 

 

 

 

 

 

 

 

 

Vacancy:- 3
Total:3 15
. 2
Regular Relief: - 2
Available: 11
Supervisory
{Regular Reliel. .
Name Type
- MAJOR
CAPTAIN 

 

ANGEL TENNESSEE RR

 

HOWARD BARKSDALE 5

 

 

 

 

 

 

 

 

LIEUTENANT
CHARISSE HARRIS an
THOMAS an

NARCIN oven 5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 4 of 4





 CONFIDENTIAL SUBJECT TO CONFIDENTIALITY 

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

NICOLE WALLACE, ETAL.
Fitting/?ts,
v. Civil Case No: COB

MAYOR AND CITY COUNCIL OF
BALTmonn 

Defendants.

 

 

AFFIDA or 
COMES NOW the Af?ant and hereby Iolemnly af?rms under the penalties ofperjmy

and upon personal Imowledge that the contents of the following paper are true:

1. My name is . an I am over eighteen (18) years of age and
competent to testify.
2. I am oun'ently detained at Maryland Correctional Training Center located at

1 8800 Rexbury R0 ad, Hegerstown, MD 21746.

3. On December 18, 2014, Iwee detainee at the Baltimore City Detention Center

which has lince been shut down.

4. I was housed in the same unit as Daquen Wallace, Unit G.
5. Daquon was transferred to Unit on December 18, 2014 erotmd dinner time.
6. Shortly after, a female correctional of?cer opened Daquan's cell door to allow

other imitates access to his cell.

7. The other inmates who were given access to his cell 'beat Daquan for an extended

period of time.

Page 1 of2 EXHIBIT



 

CONFIDENTIAL SUBJECT TO CONFIDENTIALITY 

8. Other inmates housed in section as Well as com?eetiona] of?cer could hear the
beating going on for that extended period of time.

9.

 

 

 

10.

 

 

 

 

11.

 

 

 

 

I SOLEMNLY SWEAR AND AFFIRM. UNDER THE PENTALTIES 0F PERJURY

THAT THE FOREGOING INFORMATION IS TRUE BASED ON MY PERSONAL

KNOWLEDGE AND BELIEF.

Ham/Cg

bate

 

Page 2 of2



Bonvegna, Dominic

From: Morrow, Daniel L.

Sent: Wednesday, April 29, 2015 2:41 PM
To: Bonvegna, Dominic

Subject: FW: Daquan Wallace 2993245

From: Carter, Mark J.

Sent: Tuesday, April 28,2015 3:39 PM
To: Johnson, Betty

Go: Morrow, Daniel L. Mercer, Joseph
Subject: RE: Daquan Wallace 2993245

Thanks Warden. By way ofthis email 1 am cc?ing Lt. Morrow. He is the supervisor overseeing this Baltimore
investigation. He will provide a status update on this case. Mark

Mark J. Carter Executive Director

intelligence in vestigotive Division

Department of Public Safety Correctional Services
P.O. Box 418, 8510 Corridor Road, Suite 100
Savage, Maryland 20763

Office- (410) 724-5720

Confidential. For in tern ol Use Only. Protected by Executive Privilege. This communication rno contain confidentioi or privileged

information. Unauthorized retention, disclosure, or use of this information is prohibited and may be unlo wful under 18 U. 5. C. 
2510?2521. Accordingly if this email has been sent to you in error, please contact the sender by reply email or by phone.

From: Johnson, Betty
Sent: Tuesday, April 28, 2015 3:28 PM

To: Carter, Mark J.
Subject: FW: Daquan Wallace 2993245

Today, i was leaving the Ji building on Madison Street when i was approached by an African American male. The
individual addressed me as Warden Johnson. He asked me if they ever found out who killed the young boy on G-
Section. In December. I asked him his name but he refused to give it to me stating he was'there when it happened but
has since been released. i did not recognize the individual, howeveri believe i could recognize him ifi saw again. He
stated the boys Flatiine, Meatball and D?Nice beat him up and put him back in his bed. He went on to say they are

BGF. in addition, he went on to say Ofc. Sheraton was on the section and allowed these assaults and robberies to occur.
Based on this information i had my intel Lieutenant Hines run the nicknames and see ifthey were listed in the data base
and who was working the section on the day of the assault. Please see the lieutenants response below. if you need to

talk i am in my office. 410?209-4017.

Thank you

EXHIBIT

 

 ..-.- ?-J?l?li

From: Johnson, Betty

Sent: Tuesday, April 28, 2015 3:28 PM
To: Carter, Mark J. -
Subject: FW: Daquan Wallace 2993245

Today, i was leaving the Ji building on Madison Street when was approached by an African American
male. The individual addressed me as Warden Johnson. He asked me ifthey ever found out who killed
the young boy on G~Section. in December. i asked him his name but he refused to give it to me stating
he was there when it happened but has since been released. I did not recognize the individual, however
i believe i could recognize him ifi saw again. He stated the boys Flatiine, Meatball and D?Nice beat him
up and put him back in his bed. He went on to say they are BGF. In addition, he went on to say Ofc.
Sheraton was on the section and allowed these assaults and robberies to occur.

Based on this information i had my intel Lieutenant Hines run the nicknames and see if they were listed
in the data base and who was working the section on the day of the assault. Please see the lieutenants
response below. If you need to talk i am in my office. 410-209-4017.

Thank you

From: Hines, Charnei I .
Sent: Tuesday, April 28, 2015 2:58 PM

To: Johnson, Betty
Subject: Daquan Wallace 2993245

Good Afternoon,

Detainee Daquan Wallace Sid number 2993245 was found unresponsive inside of G~section cell 035 on
Thursday December 18, 2014 at approximately 1932 hours. Upon my review of the 7-3 Shift Post
Assignment Worksheet is displayed that Officer Ericka Shird (female) was assigned to G-section on the
following dates: December 15,17,18, and 19, 2014. The 3?11 shift Post Assignment Worksheet displayed
that Officer Rene Jackens (male) was assigned to G?section on the following dates: December 15-19,

2014.

Detainee Brandon Brown aka Meatball Sid number 3105754 was housing on G~section from November
28, 2014 to February 19, 2015.

Detainee Dominic Evans aka Flatline Sid number 3065064 was assigned to G-sectlon cell 070 on
December 12, 2014 then was relocated to G-section cell 049 where is currently still housed.

Detainee Derron Johnson aka D-Nice Sid number 1864139 was housed on Gasection cell 070 on 
November 15, 2015 then relocated to G?section celi 049 until he was placed on segregation (ii-section
cell 005) for a separate incident.

if you need any additional information please let me know.

?eutendnt C?nmef?ines
Intefft?gence Department
Beftimore City Detention Center

This message (including any attachments) is intended only for the use of the individual or entity to which it is
addressed and may contain information that is non-public, pfoprietary, privileged, confidential, and exempt
from disclosure under applicable law or may constitute as attorney work product. If you are not the intended
recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication
is strictly prohibited. If you have received this communication in error, notify as inunediately by telephone
and destroy this message if a facsimile or (ii) delete this message immediately if this is an electronic

communication. Thank you.

 

 

EXHIBIT

?21

 

 

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and co.

 

 

 

 

 

 

 

 

 

 

 

The abova statement 15 given on my own free will and have not been career! In any way. The facts of
Ms statement are being given to the Investigating source and are truthful and pal-acme to the heat a! my
knawl/ge. 

 
    
   

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621,4". 
Inmate?s Sign??tum?? Idanti?catlon Number

 

 

 

EXHIBIT

22.