Steven Cooley, March 11, 2014 Paul Murphy v.

Whatcom County

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UNITED STATES OF DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE --------------------------------------------------------------PAUL MURPHY, together with his marital community, Plaintiffs, ) ) ) ) vs. ) NO. 2:13-CV-00727 ) WHATCOM COUNTY, WASHINGTON, a ) government entity; WHATCOM COUNTY ) SHERIFF'S DEPARTMENT; WILLIAM J. ) ELFO, together with his marital ) community, ) Defendants. ) ) --------------------------------------------------------------DEPOSITION UPON ORAL EXAMINATION OF STEVEN COOLEY, EXCERPT --------------------------------------------------------------March 11TH, 2014 Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Reported by Kristen M. Uhlig Certified Court Reporter, CCR, CSR Washington CCR #1934

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Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

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A P P E A R A N C E S

FOR THE PLAINTIFFS: Robert Butler & Emily Beschen Law Offices of Robert Butler 103 East Holly Street Suite 512 Bellingham, Washington 98225 360.734.3448 FOR THE DEFENDANTS WHATCOM COUNTY & SHERIFF'S DEPARTMENT & ELFO Dale Kamerrer Law Lyman Daniel Kamerrer Bogdanovich 2674 RW Johnson Blvd SW Tumwater, Washington 98512 360.754.3480 FOR WHATCOM COUNTY: Elizabeth Gallery Whatcom County Prosecutor's Office 311 Grand Avenue Bellingham, Washington 98225 ALSO PRESENT: William Elfo Tara Adrian-Stavik

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Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

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EXCERPT OF STEVEN COOLEY TRANSCRIPT

(By Ms. Beschen)

Would you agree that on Page 2 and 3 towards

the end, Tara Adrian-Stavik is sending an e-mail to Bill Elfo saying, "It needs to be removed," referencing the Facebook comments by Paul Murphy? A It appears to me that she's not happy with what Paul Murphy posted, yes. Q A She's asking Bill Elfo to call Facebook and have it removed. It appears that she provides a phone number and says that, "It needs to be removed." I don't see the place where it says that But,

I would like you to call them and have them remove it. yes -Q A Q Sure. Fair enough.

-- it seems that she is implying that. The next communication. Do you see from Bill Elfo, he says, "I

will make the call tonight." A Q A Q I'm sorry, where are you at? Page 2 in the middle. Okay. I have been in back to back meetings in Seattle since yesterday and will get back -- and will get back until town until tonight. A Q I will make the call. (As Read). Where is that? Page 2?

It starts out, "Hi Tara."

I do see that, yes. Okay. Are you aware of any other circumstances where Bill Elfo

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Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

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has contacted Facebook to have content removed? MR. KAMERRER: I object. This is -- that's a It's not

misstatement of testimony.

This is irrelevant.

calculated to lead to admissible evidence. answer any more questions about it. MS. BESCHEN: MR. BUTLER: MS. BESCHEN: anyways. MR. BUTLER: Okay. Oh.

He's not going to

That was my last question about it

You're advising your client to not answer

a question at the deposition? MR. KAMERRER: client. MR. BUTLER: Then you can't advise him, can you? Well, I think this is completely He's not my client. He's not my

MR. KAMERRER: irrelevant. faith.

This is calculated to be disruptive, to be in bad

And it has no basis of -- it has nothing to do with It's beyond the pale. You've made your record.

this case.

MR. BUTLER:

Madam, court reporter -MR. KAMERRER: take a break. Let's go off the record. I'm going to

You're coming with me. Madam court reporter. Hang on a second.

MR. BUTLER:

THE REPORTER: MR. BUTLER:

If you would make a note of the slamming

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Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q of the hand, and if you would also make a note of the page number, because we will be ordering this up. (Recess Taken) (Deposition Resumed) MS. BESCHEN: Before we get back into questions, I We It is 11:44.

just want to put on the record who is present in the room. are deposing Steve Cooley. the room.

We have Dale Kamerrer present in

Liz Gallery, Sheriff Elfo, Tara Adrian-Stavik,

Robert Butler, myself Emily Beschen, and the court reporter. THE WITNESS: And I would be happy to answer any

questions that you have for me about Exhibit 29. MS. BESCHEN: MR. KAMERRER: Okay. I just want to put on the record that

my objection is to the utter sleaziness of bringing up this subject and questioning Mr. Cooley about it. And it's beneath the dignity of anyone who is admitted to the Bar in the State of Washington or the federal district court, but it's what I've told to expect from you. MR. BUTLER: assassination. Well, isn't that a great character

I won't even been put on the record what I've

been told about you. (By Ms. Beschen) Okay. So on the topic of the Facebook page,

are you aware that the sheriff's office has a Facebook page? The sheriff's office's official Facebook page? Correct.

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Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

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A Q A

Yes, I am. Okay. Do you have any involvement in that page?

Other than reading it, no. (Requested Portion of Transcript Concluded)