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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA
AMERICAN NEWS AND INFORMATION
SERVICES, INC., a Connecticut
Corporation; EDWARD A. PERUTA;
and JAMES C. PLAYFORD,
Plaintiffs,
vs.
No. 12-cv-2186-BEN(KSC)
WILLIAM D. GORE, individually and
in his official capacity as
San Diego County Sheriff; JAN
CALDWELL, individually and in her
official capacity as San Diego
County Sheriff's Department
Public Affairs Director; THOMAS
SEIVER, San Diego County
Sheriff's Department Deputy,
individually; BRENDAN COOK,
San Diego County Sheriff's
Department Deputy, individually;
JESSE ALLENSWORTH, San Diego
County Sheriff's Department
Deputy, individually; JAMES
BRENEMAN, San Diego County
Sheriff's Department Deputy,
individually; MICHAEL PROCTOR,
San Diego County Sheriff's
Department Deputy, individually;
JOHN DOE 1-10; San Diego County
Sheriff's Department; WILLIAM
LANSDOWNE, individually and in
his official capacity as
San Diego Police Chief; JOHN DOE
1-10; San Diego Police
Department; and BONNIE DUMANIS,
individually and in her official
capacity as San Diego County
District Attorney; JOHN DOE 1-10;
San Diego County District
Attorney's Office, individually,

24
Defendants.
25 __________________________/
0002
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DEPOSITION OF JAN CALDWELL
5
Taken at San Diego, California
6
March 16, 2016
7
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9 Reported by Patricia M. Beck - CSR
10 Certificate No. 12090
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0003
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I N D E X
2 Deposition of JAN CALDWELL
March 16, 2016
3
4 EXAMINATION
PAGE
5 BY MS. BAIRD
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6
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INDEX OF EXHIBITS
9 FOR PLAINTIFFS':
MARKED
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Exhibit 1 San Diego County Sheriff's
45
Department Media Guide
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Exhibit 2 409.5 Authority of Peace
47
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Officers, Lifeguard or
Marine Safety
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Exhibit 3 Defendants Initial Disclosures
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Pursuant to Federal Rules of
Civil Procedure
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Exhibit 4 Media Credentials of Ed Baier
105
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Exhibit 5 Media Credentials of Ed Baier
107
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24 Witness signature page
110
25 Certificate/Stipulation page
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0004
1
On March 16, 2016, commencing at the hour of
2 10:20 a.m., at Office of County Counsel, 1600 Pacific
3 Highway, Room 355, in the City of San Diego, County of
4 San Diego, State of California, before me, Patricia M.
5 Beck, Certified Shorthand Reporter, in and for the
6 State of California, personally appeared:
7
JAN CALDWELL,
8 called as a witness by the Plaintiffs, who, being by
9 me first duly sworn, was thereupon examined and
10 testified in said cause.
11
12
A P P E A R A N C E S
13 FOR PLAINTIFFS:
14 RACHEL M. BAIRD & ASSOCIATE

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BY: RACHEL M. BAIRD, ESQ.

15 Burlington Road
Harwinton, Connecticut 06791
(860) 605-9340
FOR DEFENDANTS:
COUNTY OF SAN DIEGO
OFFICE OF COUNTY COUNSEL
BY: JAMES M. CHAPIN, ESQ.
1600 Pacific Highway, Room 355
San Diego, California 92101
(619) 531-5244

SAN DIEGO, CALIFORNIA; MARCH 16, 2016; 10:20 A.M.,

JAN CALDWELL,
having been first duly sworn, testified as follows:
EXAMINATION
BY MS. BAIRD:
Q. Good morning, Ms. Caldwell. How are you?
A. Very well.
Q. I introduced myself when you came to the
room. I'm Rachel Baird, and I represent James C.
Playford in this case of American News versus Sheriff
Gore.
A. Uh-huh.
Q. Have you been deposed before?
A. I have.
Q. About how many times?
A. Once that I can think of.
Q. So maybe you're not as familiar with the
process as I thought. If you have any questions, if
something I ask is not clear, don't hesitate to ask me
to clarify and I'll do so. If you need a break,
simply ask. Your counsel is here. If you have any
questions, he's right there for you, as I assume he's
told you already.
A. Uh-huh.
Q. Any issue that comes up, just bring it up.
I'll put it that way.
A. All right. Thank you.
Q. So your title with the San Diego County
Sheriff's Department is public information director?
A. Media relations director. I'm the public
information officer.
Q. Because I've seen it put a couple of
different ways. But the official title is public
information officer, slash, media director, or the
other way around, perhaps?
A. Either way.
Q. How long have you held that position?
A. A little over nine years. It will be ten
years this October 13th.
Q. Has it always been called the same thing,

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public information officer, slash, media director?

A. I believe it became media director after I
arrived.
Q. Have your duties been primarily the same in
the past nearly ten years?
A. They've evolved, in that I have more
employees. We've grown with social media, and we have
a video production unit now.
Q. So when you came on board, had you been
employed previously by the San Diego County Sheriff's
Department?
A. No.
Q. So it was somewhat of a hire from outside.
You came from another agency or another employment?
A. Correct.
Q. What employment was that?
A. I was a special agent with the Federal
Bureau of Investigation.
Q. How long did you do that?
A. I was with the FBI for 32 years.
Q. Is it fair to say you retired from the FBI?
A. It is correct.
Q. Did your job duties with the FBI have to do
with media relations or public information?
A. The last 13 years I was with the Bureau were
media related. Before that, I worked other criminal
matters.
Q. I forgot to ask you. Have you ever
testified in court?
A. Yes, I have.
Q. How many times have you done that?
A. I don't know if I could give you -Q. Fair enough. So, many times you've
testified in court?
A. I have testified.
Q. What were your job duties then during your
last 13 years with the FBI?
A. They call them media representative. It's
basically a public information officer for the
division where you're assigned. I was assigned here
in San Diego.
Q. Were you head of that division?
A. No. I was just the PIO.
Q. So in the media division of the FBI that
was located in San Diego, there were a number of
employees, it's fair to say?
A. No.
Q. Just you?
A. Yes.
Q. Got it. How did you go about obtaining
employment with the San Diego County Sheriff's
Department? Did you submit an application?
A. No.
Q. Was there an opening?
A. Yes.
Q. Was it a newly created position?
A. No.
Q. Who was sheriff at the time approximately

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ten years ago, a little less than ten years ago when
you got the position?
A. Bill Kolender.
Q. Had you known him previously?
A. I had met him.
Q. And how long did you work for -- is it
Kalmer, Bill Kalmer? I'm not sure I heard you say the
name right.
A. Kolender.
Q. How long did you work for Sheriff Kolender?
A. He retired I believe in 2009. Don't hold me
to that. I believe it was 2009.
Q. After he left, is it fair to say that
Sheriff William Gore took his place?
A. Yes.
Q. Had you known Sheriff Gore previously?
A. Yes.
Q. How did you know him?
A. I knew him through my employment at the FBI.
I knew him personally as I was married to his cousin.
Q. And the employment through the FBI, was that
when you were located in San Diego?
A. Primarily. But I knew Mr. Gore when he was
assistant director and a special agent in charge of
Honolulu.
Q. How long, sitting here today, would you say
you've known Sheriff Gore?
A. I believe since around 1976.
Q. It's 2016. He came on board in 2009.
That's seven years. So you worked for Sheriff
Kolender for about three years and then for Sheriff
Gore for about almost seven years; is that accurate?
A. That's accurate. But Sheriff Gore was
undersheriff, so I reported to him directly.
Q. Okay. Fair enough. Who do you report to
directly now?
A. Undersheriff Mark Elvin.
Q. How long have you reported to him?
A. Undersheriff Elvin was assigned there,
promoted there last I believe September.
Q. And prior to his promotion, who did you
report to?
A. Undersheriff Prendergast.
Q. Prior to Undersheriff Prendergast?
A. Jim Cooke, C-o-o-k-e.
Q. Prior to Undersheriff Cooke?
A. Bill Gore.
Q. Prior to Undersheriff Gore -- when was he
undersheriff?
A. I don't know. That was before my time.
Q. So the first person that you reported to
when you became the PIO for the San Diego County
Sheriff's Department was Undersheriff Gore?
A. That's correct.
Q. At that time, Bill Kolender was the sheriff?
A. That's correct.
Q. Is there a written document describing your

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job duties?
A. There's my job description, yes.
Q. Has that remained consistent over the past
ten years?
A. I believe so, but I don't review it.
Q. How many people do you have working who
report to you currently?
A. Six.
Q. Are they all in the Public Information
Office?
A. Yes.
Q. What are their job duties? If you could
also attach their name to their job duties.
A. I have an administrative assistant whose
name is Cindy Davis. I have a media specialist by the
name of Melissa Acquino, A-c-q-u-i-n-o. I have a
media specialist by the name of Sammy Castanon,
C-a-s-t-a-n-o-n. Video production specialist Mike
Kurtz, K-u-r-t-z. Video production specialist Randy
Grimm, G-r-i-m-m. And I have a Deputy Ariana Ruibe,
R-u-i-b-e, who is assigned to Crime Stoppers and
physically sits at the San Diego Police Department,
but reports to me.
Q. Of those six individuals who report to you,
is it fair to say that one of them is a sworn officer?
A. That is correct. And I'd like to also add,
I'm sorry, we have a 960. This is a deputy who
retired as a commander I believe eight years ago.
Comes back on a 960 part-time program. He works in
our office one day a week. His name is Ken Culver,
and he does the website.
Q. Mr. Culver is retired from the sheriff's
department?
A. That is correct.
Q. So currently he's a civilian?
A. Correct.
Q. When did the -- I'm sorry. I think I may
have missed the name of the person who handles the
social media.
A. I have two people, Melissa Acquino and Sammy
Castanon.
Q. Were they employed already in the Public
Information Office when the office started to focus -or originally focused on social media?
A. They were hired and -- Melissa was hired
first and charged with beginning our social media.
Q. When was that?
A. I believe it was 2010.
Q. Was a job description created for that
position?
A. Yes.
Q. And when was the other person who is tasked
with social media hired? Was that specifically for
social media, or did that person's job evolve into
that?
A. It was to assist Melissa, social media and
proactive stories. And I believe Sammy was hired in
2013, but I don't know if that's the exact year.

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Q. And I understand that when you're giving

dates, you're sitting there just testifying and you're
going by the best of recall. And certainly if you had
to confirm that, you could.
A. Absolutely.
Q. When you reference social media, is Twitter
included?
A. Yes, it is.
Q. Is Facebook included?
A. Not any longer.
Q. For a time it sounds like Facebook was
included?
A. That's correct.
Q. Does the San Diego Sheriff's Department have
a Facebook presence currently?
A. They do not.
Q. Did they at one time have a Facebook
presence?
A. Yes.
Q. During what time period?
A. Again, guessing 2010 until I believe 2013 or
'14.
Q. Was there a reason why in about 2014 the
Facebook presence for the department ceased?
A. There was a community member posting vulgar
verbiage on our page, and we took it down.
Q. Who was that community member?
A. Dimitri, D-i-m-i-t-r-i, Karras, K-a-r-r-a-s.
Q. Was there any record, or do you recall
anything being posted on the Facebook page by James C.
Playford?
A. I do not.
Q. Let me try to think. Instagram, is that
part of the social media presence for the department?
A. I don't think so, but I'm sorry, I can't
answer that.
Q. It sounds like there is a separate person
who handles the website presence now. Mr. Culver does
that?
A. He does that along with our IT group.
Q. And so do you consider the website presence
part of social media or separate?
A. I've never really thought about it.
Q. It's handled separately, it sounds like,
though?
A. Yes.
Q. When was the website brought -- made active?
I'll put it that way. When was the website made
active?
A. I don't know. It was before my time.
Q. So it's been that long. At least ten years?
A. Yes.
Q. Who handled it before Mr. Culver?
A. I would have to suppose our IT department.
Q. And the person in the IT department that
helps out Mr. Culver, he doesn't report to you,
correct?
A. Correct, he does not.

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Q. Is it one person or just the IT department

in general that helps Mr. Culver with the website?
A. I believe it's the department in general.
Q. When you were first hired to be the public
information officer, slash, media director, how many
people reported to you then?
A. Initially no one.
Q. One-person department?
A. No, no. There was a captain in there
temporarily and administrative assistant.
Q. Do you know whose place you took?
A. I believe I replaced Chris Saunders,
S-a-u-n-d-e-r-s, but it had been a few years since he
had worked there.
Q. So there had been somewhat of a gap in
filling the position? It had gone unfilled for a
period of time?
A. I believe so.
Q. To the best of your knowledge, did the
captain and the administrative assistant fill in while
there was a gap in the person who actually had the
title PIO?
A. The captain was the POI.
Q. And who was that?
A. Glenn, G-l-e-n-n, Revell, R-e-v-e-l-l, I
think.
Q. What became of the captain when you took
over the job?
A. He stayed there to help train me, and then
he was assigned somewhere else. I don't remember
where. And a lieutenant came in.
Q. So at that time when you became the public
information officer, it sounds like there was a
captain and an administrative assistant in the office?
A. Correct.
Q. But they didn't report to you?
A. No.
Q. And then the captain trained you and left at
some point?
A. Uh-huh.
Q. And a lieutenant came on board?
A. Correct.
Q. Do you recall the name of that lieutenant?
A. His name was Phil Brust, B-r-u-s-t.
Q. And the administrative assistant stayed in
the position?
A. Correct.
Q. When did that composition change?
A. We had a temporary light-duty person come in
that was assigned to our communications center as a
dispatcher. Came to work for us in a TDY capacity,
and that stayed that way for a year, 18 months. I'm
not really sure if I can recall the exact time frame.
And then Lieutenant Brust was reassigned to
the Fallbrook station, and we decided to hire someone
to come in and do the proactive stories and social
media, and that's when we advertised and we acquired

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Melissa Acquino.
Q. Was Ms. Acquino the first employee of the
Public Information Office that reported to you?
A. No. While Lieutenant Brust was there, we
decided that Adriana Ruibe would report to Phil Brust,
and the administrative assistant would report to me.
Q. And after the hire for the social media
position, is it fair to say it continued to grow to
the point it's at now, where six people report to you?
A. Correct.
Q. In addition to Mr. Culver?
A. Correct.
Q. So it's actually seven?
A. Yes.
Q. As it's grown, have people come and gone, or
has it just grown where people have added -- people
have come on board and stayed?
A. We had another person come in, a media
specialist by the name of Susan Plese, P-l-e-s-e, and
she was there for a little while after Lieutenant
Brust left, and then she resigned. And then since
then we have continued to grow with Melissa and Sammy,
et cetera.
Q. What factors have led the department to add
the social media component to the Public Information
Office?
A. It's a good way to get information to the
communities. The trend is, social media is very
popular and just a good way to push out information
quickly.
Q. I just want to make sure that I did name all
the social media that the information office actively
contributes to, and that would be basically Twitter
and the web page, if you want to consider that as
well.
A. We have our web page. We have -- for a
while we did have Facebook as we discussed. We do
have Twitter. We use Nixle, N-i-x-l-e. And we might
use Instagram. I would have to check on that.
Q. Have you had any issues with Twitter or the
other social media that you experienced with Facebook
that led to the page being shut down?
A. No, we haven't.
(Brief recess.)
///
BY MS. BAIRD:
Q. The video production, when did that
component of the Public Information Office come into
existence?
A. Approximately two, three years ago.
Q. And there are two people involved in that?
A specialist and then the main person, correct?
A. Well, they're both kind of equal.
Q. Did they both -- were they both hired about
the same time?
A. No. We had -- one is a volunteer for many,
many years before I started. And then Mr. Kurtz
joined us two or three years ago as a volunteer and

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then applied as we grew this new unit.

Q. And so both of them are paid employees now?
A. Correct.
Q. What does the video production part of the
office entail?
A. Well, these two men will do videos at the
request of different units. For instance, they just
completed a video on a coffee cart at one of our
facilities, one of our detention facilities. Kind of
a culinary arts training program. So they videotaped
that and put it online. And it was also picked up by
the news media.
Q. What are the various facets of the sheriff's
department that the Public Information Office is
tasked with distributing information about? I mean,
you just mentioned a corrections facility or a jail
facility. So that would be one component.
Would another component be the various
stations or substations where sworn officers work out
of?
A. Correct.
Q. And what would be some other examples?
A. Court Services Bureau would be another
example. There are a lot of moving parts to the
sheriff's department, and we try to put information
out about them as requested, or that the public might
find interesting.
Q. So it would cover everything involving the
sheriff's department then?
A. Correct.
Q. Are the videos that are produced in your
unit disseminated through social media?
A. Sometimes.
Q. Including your website sometimes?
A. Sometimes.
Q. And links on Twitter sometimes?
A. I don't know for sure, but I would imagine.
Q. Are they used at any functions or forums or
places where you give speeches or other members of the
department give presentations or speeches?
A. Yes.
Q. Approximately how many videos have been
produced, if you know?
A. I couldn't begin to count.
Q. Would there be a list of those videos
maintained?
A. There might be. I would have to research.
Q. Well, the videos would be maintained,
correct?
A. Correct.
Q. Do people from the public ever request
copies of the videos?
A. No, not that's been my experience.
Q. Do you make training videos for deputies or
people that work in the sheriff's department?
A. The two gentlemen in the video production
unit do, yes.
Q. Is that a particular task that's assigned to

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your unit? In other words, there's not a separate

training unit out there that does video; that would be
your unit that would do those?
A. There's a separate training unit, but they
usually rely on Randy or Mike to do the videos.
Q. Okay, okay. Do you have a formal working
relationship with a public information officer
employed by the San Diego Police Department?
A. I know the lieutenant, and we converse from
time to time on different things.
Q. For example, is there any memorandum of
understanding regarding a relationship between you and
a PIO from the San Diego Police Department?
A. Not to my knowledge.
Q. Is it fair to say that you rely on the
San Diego Police Department for a list of individuals
or organizations who have been issued media
credentials by the San Diego Police Department?
A. Yes.
Q. And how do you -- if you do, how do you
obtain a list or keep current with such a list
maintained by the San Diego Police Department?
A. I've never asked for a list.
Q. Do you know if there is a list?
A. I don't know.
Q. Do you have a way of determining if an
individual or an organization is on a list, if there
is a list, kept by the San Diego Police Department?
A. I'm sorry. Would you repeat that?
Q. Do you have a way of determining if an
individual or an organization is on a list, if there
is a list, maintained by the San Diego Police
Department?
A. Yes.
Q. And how is that?
A. I would pick up the phone and call.
Q. So if you need to determine if an individual
or organization has been issued media credentials by
the San Diego Police Department, one way you determine
that information is by picking up the phone and
calling the police department?
A. Correct.
Q. Any particular person that you call at the
police department?
A. It would probably be the main PIO.
Q. And who is the current PIO?
A. Lieutenant Scott Wahl, W-a-h-l.
Q. And how many, if you can recall, PIOs have
you used in that fashion at the San Diego Police
Department?
A. The prior PIO is Detective Gary Hassen,
H-a-s-s-e-n, I believe, and I would call him
occasionally. I don't believe I called the prior PIO.
Q. Do you know if deputies employed by the
San Diego County Sheriff's Department use a similar
means of determining if an individual or an agency has
media credential issued by the San Diego Police

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Department?
A. I don't know.
Q. Do you know if there is a procedure or
policy in place for deputies with the County to
determine if an individual or agency has media
credentials issued by the San Diego Police Department?
A. I'm sorry. Would you repeat the question?
Q. Do you know if there's a procedure or policy
for deputies to determine if an individual or
organization has media credentials issued by the
San Diego Police Department?
A. Not to my knowledge.
Q. Do you know if it's part of a deputy's job
to make a determination if an individual or agency at
a scene has been issued media credentials by the
San Diego Police Department?
A. I've never been a deputy. I wouldn't be
able to answer that.
Q. Do deputies ever ask you, in your position
as a public information officer, slash, media
director, whether a certain individual or agencies
they've come in contact with has media credentials
issued by the San Diego Police Department?
A. I believe they've asked that, I believe.
Q. There's no policy or procedure, that you
know of, that informs deputies of how to make a
determination of whether an individual or agency has
media credentials issued by the San Diego Police
Department?
A. To my knowledge, no.
Q. Have you ever been contacted by a deputy
employed by the County and asked if James C. Playford
has media credentials issued by the San Diego Police
Department?
A. I can't think of a specific deputy. I can't
recall one.
Q. I guess I should ask, just as a foundation,
whether you know who James C. Playford is.
A. Yes, I do.
Q. Have you ever met him in person?
A. Yes, I have.
Q. So you'd recognize him if you saw him?
A. Yes, I would.
Q. Has anybody, a civilian employee of the
County, contacted you to ask you if Mr. Playford has
media credentials issued by the San Diego Police
Department?
A.
Q.

A civilian employee of the County?

Yes. Well, the sheriff's department, I
mean. I'll say the whole thing. San Diego County
Sheriff's Department, a civilian employee.
A. I don't recall.
Q. Have you been contacted, that you recall,
by either a sworn officer, a deputy, or a civilian
employee of the San Diego County Sheriff's Department,
and asked if American News and Information Services
has been issued media credentials by the San Diego
Police Department?

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A. I don't recall.
Q. When I mention American News and Information
Services, does that mean anything to you?
A. It is I believe the agency that has used or
hired J.C. Playford.
Q. Have you ever had contact with an individual
named Edward Peruta?
A. I don't believe directly.
Q. Do you know if he has any association with
American News and Information Services or James C.
Playford?
A. My understanding is he's the owner of
American News and Information Services which employs
Mr. Playford.
Q. Do you know if Mr. Playford currently has
media credentials issued by the San Diego Police
Department?
A. My latest understanding, and it's been a few
months, is that he does not.
Q. And do you know if Mr. Peruta has media
credentials issued by the San Diego Police Department?
A. I do not know.
Q. When you say it's your understanding from
the past couple of months that Mr. Playford does not
have such media credentials, did you have some
occasion in the past couple of months to check, or did
somebody volunteer information to you that gives you
that understanding?
A. I don't recall a specific incident. The
last one would have been I believe last June when we
had a news conference in the building, and we were
trying to ascertain if Mr. Playford had media -- valid
media credentials issued by the San Diego Police
Department.
Q. And the press conference you're referring to
and in the building -- what building was that press
conference back in June of 2015?
A. Our sheriff's administrative headquarters on
Ridgehaven Court.
Q. And other than this June of 2015 occasion
that you recall involving Mr. Playford and the issue
of press credentials, do you recall any other press
conferences where Mr. Playford has been present, and
it was determined that he didn't have the necessary or
valid media credentials to attend the press
conference?
A. Press conference, no.
Q. So tell me what you remember about this
June 2015 press conference involving J.C. Playford
that would have caused you to be informed of or check
into whether he had valid media credentials.
A. Could you be more specific?
Q. Sure. Were you present at the news
conference?
A. Yes.
Q. Is it a news conference or press conference?
A. I believe it's called media conference.
Q. So you were present at the media conference

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back in June 2015?

A. Correct.
Q. Were you the one giving the presentation at
the media conference?
A. No.
Q. Who was?
A. Sheriff Gore.
Q. Do you know what the media conference
pertained to?
A. It was about a deputy who had tazed a
teenager in Fallbrook.
Q. When you have a media conference such as the
one we're talking about back in June 2015, is there
any policy or procedure about notice going out that
there's going to be such a conference?
A. No.
Q. Fair to say some are more hastily put
together than others depending on the issue?
A. Correct.
Q. So at this June 2015 conference, were there
members of the media there with valid media
credentials?
A. Yes.
Q. And did they gain entry by showing those
media credentials?
A. Yes. That was part of their entrance.
They have to go through -- everyone goes through a
magnetometer and shows identification to gain entry
into our building.
Q. And there's somebody that is stationed at
the magnetometer?
A. Correct.
Q. They will be the ones that look to see if
any alarm goes off?
A. Correct.
Q. And then they ask each person for their
valid media credentials?
A. If they are a member of the media, yes.
Q. So how would that person that's stationed
there know to ask someone for their valid media
credentials?
A. If they have camera equipment with them
would be one way. They might have their credentials
around their neck displayed and would ask to see them
if they were current.
Q. Is the general public allowed? Let's stick
to the June 2015 conference just to make it more
specific. Was the general public allowed into that
media conference?
A. Generally they don't come so we don't have
to make a decision if they are allowed or not.
Q. Is there a policy or procedure about whether
the general public is allowed into a media conference?
A. What was policy is that a person with the
news, with the media, has a valid San Diego Department
issued credential. They are allowed into our building
to videotape or conduct interviews. They don't need a

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credential if we have the media conference outside.

And then the general public may attend as well.
Q. Do you mean outside the building?
A. Correct.
Q. But inside the building, then an individual
needs that media credential from the San Diego Police
Department?
A. That is correct.
Q. What other kind of persons or classes or
categories of people can attend an inside media
conference, other than individuals with valid media
credentials?
A. Employees.
Q. So any other categories?
A. Other departments. Employees that might be
associated with an investigation. Another law
enforcement agency or another stakeholder.
Q. And could a stakeholder be an individual not
employed by the government, or would it always be
another department or agency?
A. Each situation would be different.
Q. I'm just trying to think of what a
stakeholder would be. Perhaps a victim, would they be
a stakeholder?
A. That could be.
Q. A witness, could that person be a
stakeholder?
A. That could be.
Q. So when you say "stakeholder," you mean
somebody directly involved with the facts of the case?
A. Usually, but each situation is different.
It stands on its own.
Q. What do you recall, if anything, about
Mr. Playford and the June 2015 media conference?
A. Can you be more specific?
Q. Was he present?
A. Yes.
Q. Did he go through the -- I forget -magnetometer?
A. Magnetometer.
Q. Did he go through the magnetometer?
A. I wasn't there, but I'm sure he did.
Q. How do you know he was there?
A. I saw him.
Q. Where did you see him?
A. In the training room where we held the media
conference.
Q. So he made it into the training room?
A. He did.
Q. And did he stay for the whole media
conference?
A. Yes, he did.
Q. Did he ask any questions?
A. I believe he did.
Q. Is that the incident that caused you to
check to see if he had valid media credentials?
A. I did not.
Q. Did you direct somebody to do that?

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A. They always check.

Q. The person stationed at the machine?
A. Correct.
Q. And do you know if the person stationed at
the machine in June 2015 checked?
A. I know that they asked him for them.
Q. Do you have reason to believe that Mr.
Playford gained entry in June 2015 to the media
conference when he did not have media credentials
issued by the San Diego Police Department?
A. He did.
Q. Was there any follow-up investigation done
to determine how he accomplished that?
A. No, there was no investigation.
Q. Was there any action taken against the
person stationed at the machine that allowed
Mr. Playford entry?
A. No.
Q. Was it error to allow Mr. Playford entry
into that media conference?
A. Yes.
Q. Was it error because he didn't have media
credentials issued by the San Diego Police Department?
A. Correct.
Q. And do you know if that error has been made
at any other time of allowing Mr. Playford into a
media conference when he didn't have press media
credentials issued by the San Diego Police Department?
A. I'm not sure if I can answer that.
Q. Has any action been taken by your office to
ensure that this error of allowing Mr. Playford into a
media conference inside without media credentials
doesn't occur again?
A. Nothing has changed in our office.
Q. So there hasn't been any memo or notice
issued to individuals that are stationed at these
entry machines telling them, be sure and check if
people have media credentials issued by the San Diego
Police Department before you let them in the media
conferences?
A. I don't know if there was something before
that time or after that time. My colleague Melissa
prepared something that gave an example of what a
San Diego media credential looked like, and to make
sure that people with the media had them. But in
honesty, I don't know if it was before or after.
Q. And what was Melissa's last name?
A. Acquino.
Q. Did this, if you know, did the notice have a
written description of the media credential or just a
picture of it?
A. I believe it was just a picture.
Q. Did you see anyone at the June 2015 press
conference confront Mr. Playford about his presence at
the media conference?
A. Not that I saw.
Q. Other than media conferences, are there
other informational events that are open to -- well,

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what I should say, that are limited to members of the

media who have media credentials issued by the
San Diego Police Department?
A. I'm sorry. One more time.
Q. Sure. Other than the media conferences,
are there other informational events, presentations
given by either Sheriff Gore or other members of the
sheriff's department, that are only open to media if
they have credentials issued by the San Diego Police
Department?
A. Yes.
Q. What are those events?
A. They might be placing either the sheriff or
a captain, another individual, a media availability to
answer questions on a specific event or situation.
That would be one example.
Q. Can you think of any others?
A. Not off the top of my head. But as we go
along, I might remember something.
Q. Is there any provision for reciprocity of
recognition of media credentials? For example, if an
individual had a media credential issued by the
Sacramento Police Department, would that be -- is
there any provision or list of recognizing media
credentials issued by other government agencies?
A. Yes.
Q. What is that provision?
A. Well, there's no policy. If another media
individual has valid current credentials, they've been
authorized by an outside law enforcement agency, we
would recognize those.
Q. Other than recognizing credentials issued by
law enforcement agencies, is there any provision for
recognizing credentials issued by non law enforcement
organizations?
A. Those aren't recognized as being valid.
Q. So a media credential to be recognized by
the San Diego County Sheriff's Department has to be
issued by government agency?
A. Yes.
Q. Would you call that a policy?
A. I don't know honestly if it's in our policy
manual, but it is the protocol we follow.
Q. Was that the protocol that was followed when
you came on board as the public information officer,
slash, media director for the County?
A. Since I've been there. I can't speak
beforehand.
Q. Has it remained the same, to your knowledge,
during the nearly ten years you've been with the
County?
A. To the best of my knowledge, yes.
Q. Now, are you aware that Mr. Playford has
credentials issued by American News and Information
Services?
A. No, I didn't know that.
Q. Are you aware that Mr. Playford has claimed
to have credentials issued by a non law enforcement

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organization?
A. I don't have firsthand knowledge of that,
no.
Q. So you sitting here today, either firsthand
or understanding from information that's been given to
you, you have no knowledge that Mr. Playford has or
does not have credentials issued by a non government
organization?
A. No, I don't. I don't know.
Q. Is that because it's irrelevant to you
whether or not he has credentials issued by a non
government organization, because they wouldn't be
valid under your protocol?
A. We look to see if they have a San Diego
Police Department issued credentials.
Q. Or other law enforcement, correct?
A. Correct.
Q. So if it's not San Diego Police Department
or other law enforcement that issued the credentials,
then the credentials under the protocol of your
department aren't valid?
A. Correct.
Q. Have you ever contacted the San Diego Police
Department to indicate that an individual who has
San Diego Police Department media credentials has done
something that should be looked into by the San Diego
Police Department, something inappropriate where
perhaps their media credential should be looked into?
A. Yes.
Q. How many times have you done that?
A. I don't know how many times.
Q. What is the time or occasions that you were
thinking of when you answered yes to my question?
A. I don't remember specific years, but I do
remember contacting Detective Hassen about Mr.
Playford and his behavior.
Q. So obviously that would have been while
Detective Hassen was the PIO at the San Diego Police
Department, right?
A. Correct.
Q. So that puts it into a time frame somewhat?
A. Yes.
Q. And was there another occasion when you
contacted Detective Hassen or any other PIO over at
the San Diego Police Department about Mr. Playford?
A. I believe so, but I don't remember specific
dates or times. Another PIO over there I just
remember was Andra, A-n-d-r-a, Brown, B-r-o-w-n. And
she was also a co-PIO with Detective Hassen.
Q. So you remember at least one time contacting
Detective Hassen about Mr. Playford and his media
credentials?
A. Correct.
Q. At that time, did you have cause to believe
that Mr. Playford had San Diego Police Department
media credentials?
A. Yes, he did, I believe.

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Q. Do you know if your phone call to the

San Diego Police Department about Mr. Playford and his
conduct led to any action by the San Diego Police
Department?
A. I don't know.
Q. Did the San Diego -- Detective Hassen ask
you for additional information?
A. I don't recall that.
Q. Other than your phone call to him, do you
recall following up on the matter, taking any other
action?
A. No.
Q. Are you aware of the circumstances that led
to Mr. Playford having media credentials issued by the
San Diego Police Department at one time, but not
having them now?
A. I understand that he had credentials, and
then they were not renewed by the San Diego Police
Department. They would have to answer that. This is
strictly from my memory. And then he was issued
credentials again, and my understanding is that he has
let them lapse.
Q. Other than Mr. Playford, have you had
occasion -- or have you contacted the San Diego Police
Department about an individual who has media
credentials issued by the police department and
engaged in conduct that you believed impacted, one,
whether they should have credentials or not?
A. I'm sorry. Would you repeat?
Q. Sure. Other than Mr. Playford, have you
contacted the police department, the San Diego Police
Department, about any other individual where you've
had concerns about their conduct as related to them
having media credentials issued by the San Diego
Police Department?
A. No.
Q. Do you know an individual -- not know. Are
you familiar with the name Ed Baier, B-a-i-e-r?
A. I've heard the name.
Q. Any contacts made by you to the San Diego
Police Department about Ed Baier?
A. No, not to my recollection, no.
Q. What information do you recall having
received that causes you to remember the name
Ed Baier?
A. Mr. Baier will occasionally send e-mails. I
don't remember specifically what they concern, but
they're ranting in nature. He will call the office
sometimes leaving messages, or he will be upset about
something. Again, I don't recall the subject matter,
but those are infrequent.
Q. And the e-mails, are they sent to you?
A. They are.
Q. And the voice mails, they're left at your
number?
A. They are not.
Q. At the information -- at the Public
Information Department's number?

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A. Yes, my administrative assistant's number.

Q. Do you know if Mr. Baier has media
credentials issued by the San Diego Police Department?
A. My understanding, he does not.
Q. And where would that understanding come
from?
A. I believe from Detective Hassen. I
understand that Mr. Baier was convicted of a felony
and cannot have press credentials.
Q. What would have caused you to engage in a
conversation with Detective Hassen about that?
A. I don't recall. I believe it would be in
the same conversation as Mr. Playford. I believe
they're friends.
Q. And that conversation would have occurred
back around the June 2015 media conference event?
A. No.
Q. Before or after?
A. Before.
Q. Are you familiar with the name Jerry Nance,
N-a-n-c-e?
A. Yes, I am.
Q. And do you know if Mr. Nance has media
credentials issued by the San Diego Police Department?
A. I understand he does not.
Q. Where does that understanding come from?
A. That comes from a question that I asked
yesterday at the San Diego Police Department because
he's going through a trial now for 148.
Q. What was your -- I'm not quite sure I
connected it. I need you to explain. What was the
reason why you contacted Detective Hassen to check on
Mr. Nance's media credentials?
A. Detective Hassen retired a few years ago.
I contacted Detective Mark Herring, H-e-r-r-i-n-g.
And because the assistant district attorney contacted
me as a witness to discuss our policy and procedure,
I did some research to see if Mr. Nance had a valid
media credential on the date in question.
Q. Were you able to provide any policies and
procedures?
A. Provide any policies and procedures to?
Q. I think you said that -- I'm not sure if it
was the DA or the investigation agency involved with
Mr. Nance's trial had called you -A. Correct.
Q. -- to ask -- we'll go by memory now. I
think you said they called you to ask if you had any
policies or procedures?
A. I provided them our media guide, as well as
our 7.3.
(Exhibit 1 was marked for identification by
the court reporter.)
BY MS. BAIRD:
Q. If I could have this marked as Plaintiff's
Exhibit 1. Is that the way we do it in California?
We've had marked a nine-page document entitled "San
Diego County Sheriff's Department Media Guide." And

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I'll just ask you to look at that to, first, determine

if you recognize it, and then if you do, to determine
if it's current.
A. Yes, this is current.
Q. Is there a way you could tell that so fast?
A. I brought the copy with me.
Q. Okay. And this media guide, Exhibit 1, is
posted at the web page for the San Diego County
Sheriff's Department, correct?
A. That is correct.
Q. And it looks like from what you brought
there's also a pamphlet in color version.
A. Correct.
Q. What is available for those who come in and
request a copy?
A. That is correct.
Q. And this media guide, which is Exhibit 1,
is the media guide you would have provided responsive
to the request for policies and procedures?
A. That is correct.
Q. And 7.3, what are you referring to when you
reference 7.3?
A. That is also online. That is part of our
P&P, and it relates to media relations.
Q. So the P&P, policies and procedures for the
Public Information Office media would be either found
in Exhibit 1 or Section 7.3, which is also found on
the website?
A. Correct.
Q. Any other information that would be included
as policies and procedures, other than those two
resources we just named?
A. 7.3 is the official document.
Q. 7.3 is the official document?
A. Correct.
Q. And then the media guide, which is
Exhibit 1, is sort of a user-friendly website summary
of 7.3. Is that fair?
A. That is fair.
(Exhibit 2 was marked for identification by
the court reporter.)
BY MS. BAIRD:
Q. If I could have this marked as Exhibit 2.
And you're going to have to give me a second now
because I've got two other copies hidden somewhere in
my staples in my documents here.
Ms. Caldwell, if I could just take that from you for a
minute.
A. Yes.
Q. There's one particular place I want to -- I
think I can do it without relying on -- we just
referred to Section D of Exhibit 2. First of all,
are you familiar in your capacity as the public
information officer with 409.5?
A. Yes.
Q. Section 409.5?
A. Yes.

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Q. And directing your attention to Subsection D

of 409.5 where it references members of the news
media. Do you see that?
A. Section D?
Q. Yes.
A. Yes.
Q. Is the protocol -- let me ask it this way.
Is it the protocol of the San Diego County Sheriff's
Department that the media referenced in Subsection D
of 409.5 includes only those individuals or
organizations who have been credentialed by law
enforcement agencies?
A. Or those who purport to be media.
Q. Does the San Diego County Sheriff's
Department recognize those who purport to be media as
the media if they don't have credentials issued by law
enforcement agency?
MR. CHAPIN: Object as vague.
BY MS. BAIRD:
Q. Okay. I got to figure out what you meant by
"purport to be media." From my perspective, the word
"purport" means somebody claims something but it's not
really true. I don't know if that's what you meant or
not. I'm going to try to ask you questions to try to
figure that out.
Exhibit 2, Subsection D of 409.5 references news media.
Do you see that?
A. It says: "Nothing in this section shall
prevent a duly authorized representative of any news
service, newspaper, or radio or television station or
network from entering the areas closed pursuant to
this section."
Q. And those categories that you just read from
Subsection D of 409.5, my question is: Is it the
protocol of the San Diego County Sheriff's Department
to only recognize those referenced in Subsection D if
they have media credentials issued by law enforcement
agency?
A. I think I understand what you mean, but I'm
not sure if I'm clear still.
Q. We need to have another copy of that. I
have to either find mine or get another copy.
MR. CHAPIN: You want to take a ten-minute
break?
MS. BAIRD: Yeah.
(Recess taken.)
BY MS. BAIRD:
Q. Ms. Caldwell, I think you have Exhibit 1 and
Exhibit 2 in front of you.
A. Correct.
Q. And if I could direct your attention to
page 8 of Exhibit 1.
A. Correct.
Q. To the last sentence on page 8 where it
states: "Absent official government media
credentials, access pursuant to 409.5 penal code will
be granted on a case-by-case basis upon presentation
of information complying with 409.5 penal code."

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Okay. So does the San Diego County

Sheriff's Department have a policy or procedure for
determining, on a case-by-case basis, if access will
be granted pursuant to 409.5?
A. I would have to look at the policy and see
it, but it would require the current valid San Diego
Police Department issued media credential.
Q. Now, do you agree that the sentence I just
read on page 8 of Exhibit 1 that begins with: "Absent
official government media credentials"?
A. What was your question with that? I'm
sorry.
Q. Do you agree with the first part of the last
sentence on page 8 of Exhibit 1 that begins with:
"Absent official government media credentials"?
A. Yes, I would agree with this sentence.
Q. And do you agree that would mean someone
would not have the valid San Diego Police Department
issued media credentials?
A. Your question again is?
Q. Do you agree that if someone is absent
official government media credentials, then they would
not have the valid San Diego Police Department issued
media credentials?
A. Correct.
Q. That last sentence on page 8 of Exhibit 1
is referring to a person who is absent official
government media credentials. And my question is to
you: What policies or procedures determine, on a
case-by-case basis, when someone who doesn't have the
San Diego Police Department issued media credentials
can be granted access under 409.5?
A. These determinations we're talking about,
media access at disaster scenes. So these
determinations are made by the front-line deputies at
the scene.
Q. So the front-line deputies have the
discretion to grant, on a case-by-case basis, access
to disaster scenes, even though an individual does not
have the San Diego Police Department issued media
credentials?
A. As it's written, "on a case-by-case basis,
upon presentation of information complying with
409.5P.C."
Q. And what information would comply with
409.5P.C. to allow access to someone who didn't have
media credentials issued by the San Diego Police
Department?
A. Again, that's not made by me. I'm not at
the scene generally. I'm not at the scene of a
disaster. I'm somewhere else. So these are deputies
making that decision. But I can opine for you that
would be someone, say, from the Los Angeles area that
has NBC or major network credentials. And they might
make that determination on a case-by-case basis where
they would be granted access.
Q. Even though this NBC or major network
individual or agency didn't have a valid San Diego

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Police Department issued media credential, or any

government credential, on a case-by-case basis they
may be allowed into, I think you said it, a disaster
scene?
A.
Q.
deal with
A.
Q.

That might be the case.

Now, do you agree that 409.5 doesn't just
disasters?
Correct.
It also deals with accidents?
MR. CHAPIN: Objection. Question is calling
for a legal opinion and conclusion.
BY MS. BAIRD:
Q. Okay. Fair enough. For the officers out
actually at the scenes, what training do they receive,
if you know, regarding media access to accident scenes
or disaster areas?
A. The media training done in the academy is
conducted by the San Diego Police Department.
Q. Okay. So the deputies with the San Diego
County Sheriff's Department attend the San Diego
Police Department academy?
A. It's not the police department academy.
It's the Regional Law Enforcement Academy at Miramar
College. And the specific training regarding media is
conducted by the PIO for the San Diego Police
Department. I don't conduct that training, so I don't
know what is given.
Q. So the public information officer for the
San Diego Police Department is the one tasked with
training the officers at the regional academy?
A. On the block of media, correct.
Q. On the block of media. And do you have any
idea what that training entails?
A. I do not.
Q. Have you ever seen a training manual?
A. I have not.
Q. Have you ever discussed with any PIO at the
San Diego Police Department about what training they
give at the regional academy?
A. I have not.
Q. Have you ever gone and sat in on any of the
training yourself that's given at the regional
academy?
A. I have not.
Q. Sitting here today, you have no idea how
deputies with the San Diego County Sheriff's
Department are trained with regard to media?
A. I do not sit in on the training, so I do not
know.
Q. Do any deputies with the San Diego -- when I
say deputies, I don't want to get the language
incorrect. I'm referring to sworn officers.
A. Deputies, yes.
Q. Have any deputies with the San Diego County
Sheriff's Department come to you with questions about
handling the media out in the field or at scenes?
A. Yes.

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Q. Are you able to recall exactly how many

times?
A. Many times. I couldn't tell you exactly how
many.
Q. So it's happened on a number of occasions,
so many that you can't sit there and recall how many?
A. Frequently, yes.
Q. Do you have a protocol for responding to
their questions?
A. Depends on the question they ask, but I do
the best to answer to the best of my ability.
Q. Do you ever refer them to the public
information officer at the San Diego Police Department
to ask questions?
A. No.
Q. Do they ever say to you -- or has there ever
been an instance where any of these individuals have
said to you, well, that's not how we were trained at
the regional academy by the public information officer
at the San Diego Police Department?
A. No.
Q. So do you have any idea if what you're
responding to the deputy's questions with is
consistent with how deputies are being trained at the
regional academy?
A. I'm sorry. One more time.
Q. Is it fair to say that in some of the
instances where the deputies have asked you questions
about handling the media in the field, you've
responded to them?
A. Yes.
Q. You've attempted to answer their questions?
A. Yes.
Q. When you've done that, do you have any idea
if what you're telling them is consistent with how
they were trained at the regional academy by the PIO
for the San Diego Police Department?
A. It's pretty straight forward. I believe
it's in line.
Q. And what gives you that belief?
A. Because we operate at scenes in the same
way.
Q. The San Diego County Sheriff's Department
and the San Diego Police Department operates the same
way?
A. That's been my observation.
Q. Have you ever engaged in any presentations
or training of deputies with the San Diego County
Sheriff's Department regarding handling the media out
in the field?
A. Yes, I have.
Q. Do those trainings occur on a scheduled
basis?
A. I believe so.
Q. Are they scheduled in terms of deputies
receive the training at various mileposts in their
career, or do you schedule the training once a year?
What's the frequency of the training?

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A.
unit does
speak.
Q.
years?
A.
estimate,

I don't schedule the training. The training

that. And they call me and ask if I would
How often has that occurred in the past ten

I don't have a list, but it happens, I would

two to three times.
Let me back up. Maybe one to two -- once or
twice a year. And the first time I found that I did
training was in 2008.
Q. So it sounds like maybe 15 or 16 times
you've done the training?
A. Yes.
Q. And has the training been the same from 2008
to now, or have you been asked to address different
things?
A. They're new situations that come up, new
dynamics that arise locally and nationally, so I adapt
the training to that. I also adapt the training to
the audience.
Q. Is the audience comprised of deputies?
A. Not always.
Q. And who else may attend?
A. I have conducted training at the academy for
new detentions deputies. I have conducted training at
Ridgehaven, our administrative headquarters, for both
sworn and professional staff, new supervisors. I've
provided training for new sergeants. And I have been
asked to provide training on media to the regional
training center here in San Diego which trains new
lieutenants from throughout the state.
Q. The regional training center that trains new
lieutenants throughout the state, is that different
from the regional academy that we talked about that
trains new officers?
A. Yes.
Q. Going back to Exhibit 1 on page 8, the media
guide, has any of the training that you've provided
address the discretion that on-scene officers have to
grant, on a case-by-case basis, access to scenes, even
though they don't have official government media
credentials?
A. Not specifically, to my knowledge.
Q. Has it addressed it peripherally?
A. Maybe peripherally.
Q. Sitting here today, what do you recall about
even peripheral references you've made to that
discretion?
A. Based on the fact that we've had two very
large wildfires here, 2003, 2007, we train for that.
And we are familiar with these disaster scenes, and
the deputies and officers around the county are. And
so we discuss granting access to the media versus
civilians.
Q. When you say the media, again, are you
referring to only those who have San Diego Police
Department issued media credentials or other law
enforcement credentials?

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0062
1

A. Well, again, I'm not on the front scenes of

a disaster. And the deputies, depending on where they
are, would probably allow people through that don't
always have the government-issued or the largely
recognized credential.
Q. Have you provided any training with regard
to a standard for who you allow in to instances like
the wildfires in 2003 and 2007 who didn't have the
San Diego Police Department issued media credentials?
A. I don't recall that specifically, no.
Q. Well, sitting here today, do you have in
your mind a standard of who would be let into, for
example, incidents such as the 2003 and 2007
wildfires, even though they didn't have the San Diego
Police Department issued media credentials?
A. Well, again, it says it's granted on a
case-by-case basis, absent the official government
media credentials. And that would be a call that the
deputy or the officer would have to make on scene.
Q. But somebody trains them to make those
calls, correct?
A. This is addressed in the training academy
that they initially attend, and they probably have
some discussion. But as far as a specific block of
training, I don't teach that, and I can't say that the
San Diego Police Department does in the regional
academy.
Q. And the 15 to 16 times you've conducted
training and then the other training you provided that
you've testified about already, giving them guidance
on exercising the discretion of the field was not part
of that training either?
A. No, I have not done that.
Q. I mean, you had mentioned I think previously
that it was your understanding that -- I think you
mentioned it was your understanding that Ed Baier has
a felony and so does not have -- or is not eligible or
not qualified, or is disqualified from having a
San Diego Police Department media credential, right?
A. That is my understanding.
Q. No, I understand that's your understanding.
Do you know if the deputies in the field
have complete discretion, even to let people who have
felonies into scenes? I mean, is there any standard
given to the deputies out in the field, that you know
of, who would be allowed in on a case-by-case basis
absent media credentials issued by the government?
A. At a disaster scene, media personnel are
allowed inside, civilians are not.
Q. But again, going back to Exhibit 1 on
page 8, it says: "Absent official government media
credentials, access pursuant to 409 penal code will be
granted on a case-by-case basis upon presentation of
information complying with 409.5 P.C."
409.5 C references disasters, correct, among
a lot of other things?
A.

You're referring to C, Subsection C?

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Q. Well, A references disaster. I'm not sure I

see it in C. I'm looking. I just see it in A.
MR. CHAPIN: I'm not sure why were going
down this path. This case doesn't involve menace to
public health in any way.
MS. BAIRD: Right. All I'm trying to figure
out is if Ms. Caldwell has any knowledge whether the
deputies out in the field are trained with regard to
this discretion they have to grant, on a case-by-case
basis -MR. CHAPIN: I understand.
MS. BAIRD: -- access pursuant to 409.5.
THE WITNESS: I believe I've answered that.
BY MS. BAIRD:
Q. And the answer -- I'm not sure what the
answer was. Was the answer no?
A. I'm not sure what your question is. One
more time, please.
Q. I've heard you say a couple of things.
You're not there. They're there. They're trained at
the regional academy. So I just want to get it
straight.
On Exhibit 1, page 8 where it says: "Absent
official government media credentials, access pursuant
to 409.5 penal code will be granted on a case-by-case
basis," I'm just trying to figure out if you know of
any training given to the deputies, with regard to how
they exercise that discretion, to give access pursuant
to 409.5 on a case-by-case basis when individuals
don't have the government media credentials.
A. Well, and the rest of that is upon
presentation of information complying with 409.5 penal
code.
Q. Yes, it is.
A. So it is up to the deputy on scene. As far
as the training that goes to that, I do not
specifically conduct training. With that, that would
be probably better asked of those who train at the
Regional Law Enforcement Academy.
Q. Thank you. Right now I'm asking you if you
have any knowledge about any training given to
deputies out in the field to exercise that discretion.
A. Not to my knowledge.
Q. Okay. Are they told what kind of
information is supposed to be presented?
A. I do not train in that area, no.
MS. BAIRD: If we could have this marked as
Exhibit 3.
MR. CHAPIN: Do you really need to have that
attached as an exhibit?
MS. BAIRD: Well, I'm going to go through
and just ask about specific paragraphs.
MR. CHAPIN: It's up to you. That will make
it a longer transcript.
MS. BAIRD: I mean, if you want to stipulate
that -- we could do that.
MR. CHAPIN: We're referring to the amended
complaint.

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MS. BAIRD: So unmark that?

MR. CHAPIN: So you don't have to have
that -- if that's okay with you.
MS. BAIRD: That's fine.
So we'll stipulate that this is the third
amended complaint that I'm referring to when I
reference -MR. CHAPIN: Just identify the paragraphs.
MS. BAIRD: Yes, exactly.
BY MS. BAIRD:
Q. Ms. Caldwell, do you know of any photograph
of Mr. Playford in possession of the San Diego County
Sheriff's Department?
A. Can you be more specific?
Q. Because it's not clear enough to you what
I'm asking?
MR. CHAPIN: Well, we have booking photos.
Probably things like that.
MS. BAIRD: Well, that's my question.
MR. CHAPIN: She may not know.
Go ahead and answer.
THE WITNESS: I don't know of any booking
photos. I know of one photograph.
BY MS. BAIRD:
Q. Okay. And what is the one photograph you
know of?
A. Photograph that we gave to the lobby
deputies a few years ago of Mr. Playford.
Q. Do you know where the picture that was
portrayed on that document was obtained?
A. I believe from the San Diego Police
Department.
Q. You were the public information officer at
the time, correct?
A. I have for the last past nine-and-a-half
years.
Q. And are you able to narrow when this
photograph of Mr. Playford was provided to the -- did
you say it was the lobby deputy?
A. Correct.
Q. The lobby deputy?
A.
Q.
deputy?
A.
Q.
else?
A.
Q.
A.
Q.
on it?
A.
Q.
A.
Q.
document,
A.

I honestly don't remember.

Do you know who provided it to the lobby
I did.
Were you instructed to do that by someone
No.
What was your reason for doing it?
Deputy safety.
Was it a one-page document with a photograph
I believe so.
What was the means of putting it together?
I'm not sure I understand.
For example, there was a photograph in the
correct?
Correct.

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Q.
form on a
A.
Q.
San Diego
A.
Q.
San Diego

Was the photograph originally in digital

computer?
It might have been.
Do you know if it was e-mailed from the
Police Department?
I believe it was.
And who was the PIO at the time at the
Police Department?

A. Detective Hassen.
Q. And did you request that he send you the
photograph?
A. I may have.
Q. Well, may he have just sent it to you on his
own?
A. I probably requested it.
Q. And what was the reason for the request?
A. Deputy safety.
Q. What was the information that you had that
providing this picture to the lobby deputy would
address deputy safety?
A. Mr. Playford's behavior and conduct
recently.
Q. What was the behavior and conduct?
A. He was rather aggressive, argumentative,
caustic.
Q. Towards you?
A. Toward me and others, other deputies, other
personnel.
Q. When he acted in this manner toward you,
was he in your presence?
A. Yes.
Q. Was that conduct displayed in any other
manner? For example, you had said you had gotten some
voice mails and e-mails from another individuals. So
I'm asking you: Other than this conduct being
displayed in your presence, were there any other kinds
of communications where he displayed this conduct
towards you?
A. At that time, I don't believe so. I think
it was just in person.
Q. At any other time, has the conduct been
displayed towards you in other manner?
A. He's left some voice mails in my office, as
well as the office of the sheriff that have been
antagonistic.
Q. Have those voice mails been continuous, or
did they occur during certain periods of time?
A. Sporadic.
Q. When was the last one that you recall?
A. I'm guessing last year.
Q. Now, who was the lobby deputy that you
provided the photograph to?
A. I don't remember.
Q. Did you discuss with your direct supervisor,
the undersheriff at that time, that you were going to
do this?
A. I don't believe so. I may have, but I don't
believe so.

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Q. Do you know if Sheriff Gore was the sheriff

at the time when you passed this photograph on to the
lobby deputy?
A. It may have been beforehand.
Q. So if it was beforehand, then it would been
Sheriff Kolender, correct?
A. Correct.
Q. And Sheriff Gore would have been your direct
supervisor as the undersheriff?
A. Correct.
Q. Did you use a computer to print out the
document that you gave to the lobby deputy?
A. I would have.
Q. And was there anything written on the
document -- well, I should say typed in on the
computer on -- that was on the same document as the
photograph?
A. Probably his name.
Q. Do you know if his date of birth was on the
document?
A. It may have been. I don't remember for
certain.
Q. Do you know if there was any other
information on the document other than a name?
A. Not to my recollection, but there could have
been.
Q. You mentioned that other than you, there had
been conduct displayed by Mr. Playford towards others
that led to a concern for deputy safety. Could you
identify the others that had encountered
Mr. Plaford's conduct that led you to believe there
may be concerns for deputy safety.
A. The lieutenant at the time in Fallbrook was
Duncan Frasier, F-r-a-s-i-e-r. And deputies, other
deputies, I don't know their names. Sheriff Gore,
myself. Other deputies, I don't remember their names.
There were several instances. And other members of
the media, as well as some of our professional staff.
And that's just in our department.
Q. Have you in your nearly ten years ever
provided a photograph to a lobby deputy based on
concerns for deputy safety other than the one of
J.C. Playford?
A. I don't think I provided Ed Baier. I may
have, but those would be the only two to my knowledge,
to my recollection.
Q. Now, was it you who provided the photograph
of Mr. Playford and perhaps Mr. Baier because they
identified themselves as media and you were the PIO?
In other words, why was the PIO involved in this?
A. Because of them alleging to be media and
because of my position and because of behaviors that I
had witnessed firsthand.
Q. Did you refer it to -- with regard to the
behavior you witnessed firsthand, did you refer it to
any deputy for investigation of a possible or
potential criminal violation?

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A. No.
Q. Did you provide instructions to the lobby
deputy what to do with the photograph when you
provided it?
A. I believe I said, "This is a photograph of
J.C. Playford. He is a person known to me that is
antagonistic and aggressive, and I'm giving this
photograph to you for deputy safety reasons." I would
have said something along those lines.
Q. Is there any manner of inputting information
like that into a computer system to make everyone
aware of it if there was a concern for deputy safety?
A. Yes. There would be an e-mail that could go
to everyone in the department.
Q. Do you know if that happened?
A. No, it did not.
Q. With regard to Mr. Playford?
A. It did not.
Q. So there was a concern about Mr. Playford
gaining access then to that one particular building
where the lobby deputy served?
A. Yes, because he came there frequently.
Q. So was there a particular place in the lobby
where the picture was kept of Mr. Playford?
A. I gave the picture for their information. I
did not instruct them further.
Q. And are all the lobby deputies sworn
officers?
A. Yes.
Q. Did you ever see the poster -- the document
with Mr. Playford's picture on it after the day when
you handed it to the lobby deputy?
A. I don't go down there often. I may have,
but not specifically.
Q. Do you know if it was posted in a prominent,
visible area?
A. I don't know.
Q. Do you have any idea what happened to it?
A. I don't.
Q. Did you, after you prepared the document on
the computer with the photograph, e-mail it to anyone?
A. Not to my recollection.
Q. Do you know if any law enforcement agencies,
other than the San Diego County Sheriff's Department,
obtained that document with Mr. Playford's photo?
A. Not to my knowledge.
Q. Did you provide Detective Hassen with a copy
of the document?
A. Not to my recollection.
Q. Do you have any knowledge of how that
document with Mr. Playford's photo would have ended up
at -- or with security at Miramar?
A. I have no idea.
Q. Where is the regional academy that's run by
the San Diego Police Department located?
A. Miramar College.
Q. That's different than Miramar, right?
A. Well, there's Miramar base. There's Miramar

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College. They're different entities.

Q. They're not located together?
A. They are not co-located, no.
Q. So just to clarify my question, then, do you
have any knowledge of how that picture of Mr. Playford
that you provided to the lobby deputy would have ended
up at Miramar base?
A. I have no knowledge of that. I have no
idea.
Q. When was Detective Hassen the PIO?
A. To the best of my recollection, he started
before I retired from the FBI. Maybe in 2004, '5.
You'd have to check with the PD on this. And he
retired maybe three years ago, but I don't know for
sure.
Q. Just as a reference, if it's helpful to you,
I'm going to be referring to paragraph 16 on page 6 of
the third amended complaint, and that's what my next
question will be based on.
A. Ms. Baird, I'd like to back up -Q. Yes.
A. -- and pause here. You indicated that
Mr. Playford's photograph was at Miramar base. I
think we did provide his photograph before Sheriff
Kolender's funeral in case he were to show up. Not to
deny access, but just to make aware who J.C. Playford
was, and that he was an aggressive individual.
Q. Sheriff Kolender, obviously he passed away,
correct?
A. Yes, he did.
Q. When did he pass away?
A. His services were last October.
Q. October of 2015?
A. Correct.
Q. Was he former military? Was he -A. No.
Q. Were the services at the base?
A. His memorial was at the base. It was a
large venue.
Q. Okay. I understand. Thank you.
In paragraph 16 of the third amended
complaint, it makes reference to a representation at
the website for sdsheriff.net with regard to a
protocol where the "public affairs media relations
office grants credentialed media superior access to
the most up-to-date and reliable information."
Do you recognize the language?
A. "Superior access," no, I don't know where
that comes from.
Q. Well, do you recognize -- if you could just
look at the quoted material: "grants credentialed
media the most up-to-date and reliable information."
Do you recognize that?
A. Let me read this and see if I may.
I don't really recognize it, but I don't
think I would take issue, I don't believe.
Q. Well, the real question is: The reference
to "credentialed media," is that media credentialed by

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the San Diego Police Department?

A. Correct.
Q. Or other law enforcement agencies?
A. Correct.
Q. And is it the policy of the public affairs
media relations office to provide information to
individuals or agencies that are credentialed by the
San Diego Police Department, that would not be
provided to those who are not credentialed by the
San Diego Police Department?
A. We would provide information after hours
through our communications center or through media
access to me through e-mail after hours and provide
information.
Q. And would you limit that provision of
information to those who are credentialed by law
enforcement agencies?
A. Generally those that reach out to me after
hours, I recognize that have my e-mail address and I
answer their questions. When someone calls the media
line in the communications center, I do not believe
the watch commander asks them if they have valid
San Diego Police/Fire credentials. They answer the
questions to the best of their ability because it's
public source information, and they would answer it to
anyone who called.
Q. Okay. I'll be referring to paragraph 19 in
the third amended complaint.
A. 190?
Q. Yes. It's on page 34. Thank you.
Did you make a statement to a North County
Times reporter named Brandon Laury as quoted in
paragraph 190?
A. Are you asking me if I said this?
Q. Yes.
A. Yes.
Q. And is that an accurate representation of
your observations and opinion?
A. It is as of 2012. Since then, I've done an
interview with him where he was talking about CCWs,
and I went downstairs and talked with him at length
about it and it went fine. He was at the funeral of
an Escondido Police Department officer, Laura Perez,
and he was well mannered. And he was at the swearing
in of Sheriff Gore the last time, and he was also well
mannered.
Q. Did that swearing in take place inside or
outside?
A. Inside.
Q. And was that an event that required media
credentials issued by San Diego?
A. It was held here, so we had no say.
Q. Referencing paragraph 191, and I'll just go
through the sections I've listed there, A through F in
the third amended complaint. Do you recall attending
a February 19th, 2013, meeting of the San Diego
Society of Professional Journalists?

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A. Yes, I do.
Q. And were you invited to go to that event?
A. Yes, I was.
Q. Have you been to any other San Diego Society
of Professional Journalists events?
A. No, I have not.
Q. My next question is: In paragraph 191,
Subsection A, is that statement in quotes an accurate
statement of something you said at that February 19th,
2013, meeting?
A. Yes, I believe that's accurate.
Q. Is Subsection B an accurate statement of
a statement you made at that February 19th, 2013,
meeting?
A. I believe.
Q. Is there anything in Subsection B that you
would not agree with as your observation or opinion as
you sit here today?
A. Well, I don't know if I would say that's my
soap box on that, but I may have.
Q. Paragraph 191, Subsection C, is that a
statement that you made at the February 19th, 2013,
meeting?
A. Yes, I believe that's accurate.
Q. When you became the public information
officer almost ten years ago, was it an issue that you
knew of that had been raised about whether those with
media credentials issued by a law enforcement agency
should be treated differently than media credentials
issued by a non law enforcement agency?
A. The media has changed a great deal since
that time, since I began doing this in 1993. The
advent of social media, a lot has changed, so it was a
different environment then.
Q. Have you had discussions with your
supervisor, the undersheriff, or even the sheriff,
regarding any changes in the protocol that currently
just recognizes media as those issued credentials by
law enforcement agency?
A. Sorry. Can you boil that down a little bit?
Q. Yeah. Given the changes that you've
mentioned in social media since you came on board
nearly ten years ago, have you had any discussions
with the supervisor, the undersheriff, or even the
sheriff or anyone else, about changing the protocol
that's been in effect since you came on board that
just recognizes the media as those holding credentials
issued by a law enforcement agency?
A. No.
Q. Do you know if the San Diego County
Sheriff's Department has any discretion with regard to
who or whom it recognizes as the media?
MR. CHAPIN: Objection. That's vague as to
time, location issue.
MS. BAIRD: Okay. Fair enough.
BY MS. BAIRD:
Q. Does the San Diego County Sheriff's
Department have to, under some policy, procedure,

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law, regulation, memorandum of understanding,

recognize as the media only those issued media
credentials by the San Diego Police Department?
MR. CHAPIN: Same objection. I'm not sure
the question is clear.
THE WITNESS: I'm sorry. I don't
understand.
BY MS. BAIRD:
Q. Why is it that the San Diego County
Sheriff's Department delegates its authority as to who
is the media or is not the media to the San Diego
Police Department?
A. That was a decision I understand that was
made many, many years ago in a division of labor, that
the San Diego Sheriff's Department would issue
concealed carry weapons permits, and the San Diego
Police Department would issue media credentials.
Q. And other than that division of labor, is
there any other reason that you know of or have been
told of?
A. No.
Q. Going to paragraph 191D, Subsection D of the
third amended complaint, is that a statement in quotes
that you made on February 19th, 2013, at the meeting
of the Society of Professional Journalists?
A. I believe it is.
Q. And is that an opinion or observation that
you hold today?
MR. CHAPIN: I'm not sure that's an opinion.
That's a statement.
Can you answer that?
BY MS. BAIRD:
Q. Did you answer?
A. No.
MR. CHAPIN: That's sort of a preface to E.
I'm not sure there's any opinion. Your question is
whether that's an opinion.
MS. BAIRD: Well, are you saying that it's a
fact? I don't know if that's a fact or not.
MR. CHAPIN: It's like an incomplete
sentence, so I'm not sure it has a verb.
THE WITNESS: It is difficult to discern who
is media today. This hyperbole is given to indicate
that it is very difficult for PIOs to ascertain who is
legitimate media; that is, someone who you can give
information to the smallest number of people, to get
information to the largest number of people. Because
PIOs are small in number, but when we have something
to share, we need to make sure we get it out to people
that would share it with the most people.
BY MS. BAIRD:
Q. That pertains to when the PIO is
disseminating information, correct?
A. Disseminating information, answering
questions, any number of things.
MR. CHAPIN: Can we go off the record.
(Recess taken.)
BY MS. BAIRD:

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Q. Going back to -- I wanted to follow up on

something you had said about -- when we broke, about
wanting to distribute information to a media
organization that can get the word out to the most
people, and that being an important consideration.
Did I summarize that right?
A. I believe so.
Q. What is the consideration in instances where
individuals such as Mr. Playford responds to a single
car accident where you don't have the large mainstream
credentialed media responding? What are the
considerations there that require the San Diego County
Sheriff's Department to identify who is credentialed
by law enforcement agency and who isn't?
MR. CHAPIN: I'm going to object as vague.
It's sort of an incomplete hypothetical question.
BY MS. BAIRD:
Q. Can you answer it?
A. I'm not sure I understand.
Q. Going back to paragraph 191. D and E, if
you want to read them together. And then I guess I
could ask the question more clearly then, if you
currently hold the position expressed in paragraph
191, Subsections D and E together of the third amended
complaint.
A. Well, I believe I answered that, but I'm
happy to try to do it again. That this hyperbole was
given in this panel form to express consternation that
it's hard to identify journalists today.
Q. So you have no knowledge that the San Diego
Police Department, in issuing media credentials,
considers somebody's weight?
A. No.
Q. That was a hyperbole?
A. That's hyperbole.
Q. And you don't have any knowledge that the
San Diego Police Department considers whether somebody
is disabled, whether they're credentialed or not?
A. Absolutely not. This was a panel setting.
And in this one dimension, it's hard to see how that
was, but it was hyperbole given just to illustrate the
point. It's hard to see who's real media today and
who pretends to be media.
Q. Do you know if the San Diego Police
Department issues media credentials to felons?
A. My understanding is they do not, but that
would have to be directed to them.
Q. Would you have any concerns if they did?
A. Yes, I would.
Q. Have you been concerned enough to check to
see if they do?
A. No, I have not.
Q. Are you familiar with the National Press
Photographers Association?
A. I believe I've heard of it. I'm not sure.
Q. It doesn't sound like you recall having any
communications or direct contact with anyone

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associated with NPPA?

A. I might have, but I don't recall. If I had
a name, maybe I would remember. But not off the top
of my head.
Q. Have you ever -- let me put it this way.
Do you recognize the name Mickey Ostereicher?
A. Yes, I've been contacted by him.
Q. In particular any issues you've been
contacted by him for?
A. To the best of my recollection, I believe he
wanted me to attend a training he was putting on here
in San Diego within the last couple of years -- I
don't remember exactly when -- about the right of
access.
Q. Did you attend the training?
A. I did not.
Q. It's my understanding -- and tell me if I'm
wrong -- from your testimony that the San Diego County
Sheriff's Department is not considering any changes to
its position that the valid media is media issued
credentials by law enforcement agencies, correct?
MR. CHAPIN: Objection. That's vague. Sort
of compound.
BY MS. BAIRD:
Q. Well, is the San Diego County Sheriff's
Department considering currently any changes to its
protocol, that only individuals or agencies issued
media credentials by law enforcement are valid media?
MR. CHAPIN: Same objection. And the
context is too broad, sounds like to me, talking about
having access to the sheriff's department
headquarters. You're talking about having access to a
press conference on the courthouse steps. If you
could narrow it down.
BY MS. BAIRD:
Q. I guess what I need to do then is, I need to
define the different categories of media events that
the San Diego County Sheriff's Department encounters.
I think we've already talked about media conferences,
correct?
A. Correct.
Q. And then there's instances out in the field
where the front-line deputies come in contact with
individuals who have valid press credentials or
represent themselves as the media, correct?
A. Correct.
Q. Are we able to define categories for other
events?
A. We would conduct interviews. The sheriff,
any member of the department could be a participant in
a media interview. E-mail contact, telephonic
contact. Sometimes things even come up with a fax
machine. Lot of different ways the media can contact
the sheriff's department with a lot of different
people.
Q. Is there a difference in whom the sheriff's
department considers media based on what the event is?
A. I'm sorry. Can you restate that?

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Q. Is there a different standard that's applied

to determining if somebody is media -- if a member of
the media -- if the media event is different?
A. No. We attempt to answer the questions by
the media or the general public to the best of our
ability.
Q. Even if it's an after-hours contact by
e-mail, such as we referenced in the media guide
that -- the questions are answered the same from the
media as the general public?
A. Yes, generally.
Q. Do you know why -- do you know why on the
three different occasions -- and we can go into the
complaint if you need more background of the dates and
times. But do you know why on the three different
occasions that are referenced in the complaint in this
case, why Mr. Playford wasn't allowed access to
accident scenes?
A. I have no idea. That's up to the deputy or
the incident commander at each scene, and I was not
there.
Q. Do you know if it had anything to do with
him not having media credentials issued by the
San Diego Police Department?
A. I couldn't answer that question since I
wasn't there.
Q. Do you agree that the officers at those
scenes, the deputies at those scenes had the
discretion on a case-by-case basis to allow
Mr. Playford into the accident scene, even though he
didn't have media credentials issued by the San Diego
Police Department?
MR. CHAPIN: Objection. That's vague.
Assumes facts not in evidence. It misstates the
statute -- misstates the evidence that in these events
there was no menace to public health.
Are you able to answer the question?
THE WITNESS: We would not allow anyone into
an accident crime or incident scene until the scene
was finished, to preserve evidence and for public
safety and to conclude the investigation.
BY MS. BAIRD:
Q. Okay. So even if a person -- are you
familiar with Karen Braner?
A. No, I'm not.
Q. Even if a person who had media credentials
issued by the San Diego Police Department, even if a
person had those credentials, they would not be
allowed into an accident scene until the investigation
was closed?
A. They would not be allowed past the tape or
where the deputy told them not to cross.
MR. CHAPIN: Objection. Vague again as to
"accident scene." If it is a crime scene, I think
that is what the witness is referring to.
MS. BAIRD: Well, I'm referring to accident.
MR. CHAPIN: Then you're vague again.
Because accident, in your view, falls within 409.5,

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which is not the court's view or the statement of law.

If you're asking for a legal conclusion in the
context of the question -MS. BAIRD: What did you say? Accident
doesn't fall into 409.5?
MR. CHAPIN: Accident does not fall into
409.5 in any event, in this case, and only involves an
incident which is a menace to public safety in
Subsection A.
MS. BAIRD: But accident is right there. Do
you see the word?
MR. CHAPIN: That's what Mr. Playford says
too. The judge has already ruled on that. It's not
an issue in this case. It's an accident involving a
menace to public safety. My objection is just that
you're asking -MS. BAIRD: This is a deposition.
MR. CHAPIN: I know. I'm objecting for the
record.
MS. BAIRD: Those other plaintiffs could
very well come back at another time.
MR. CHAPIN: I'm objecting to the form of
the question simply because it's calling for a legal
opinion and conclusion. You're misstating the statute
and you're asking the witness to assume something
that's not accurate. She can answer the question if
it's possible. I'm objecting to the form of the
question.
BY MS. BAIRD:
Q. You don't remember the question anymore, do
you?
A.

You would have to restate it.

MS. BAIRD: We have to go back to the

record.
(Record read.)
MS. BAIRD: I don't think I misstated
anything in the complaint. I wasn't even asking about
the complaint.
MR. CHAPIN: I just want to make sure the
objection is to the form of the question, which
assumes that any accident scene falls within Section
409.5. That's not the case. That's not the law.
BY MS. BAIRD:
Q. Again, what your counsel is saying about the
law and accidents and all that, you don't train
anybody in that?
A. I do not.
Q. You do not. That would happen at the
regional academy, if it happens?
A. It would happen there.
Q. And you don't have any idea what they tell
them there?
A. I have not attended a class, no.
Q. That's a different question. You could have
an idea other ways.
A. No, I don't know. I'm not a sworn deputy.
MS. BAIRD: Okay. If we can have this

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marked as the next exhibit, Exhibit 3.

(Exhibit 3 was marked for identification by
the court reporter.)
BY MS. BAIRD:
Q. This may be quick. I just want to go
through some of the names with you. If you could turn
to page 2 of Exhibit 3.
A. Okay.
Q. Have you discussed Mr. Playford's conduct
with Sheriff Gore?
A. In general?
Q. Ever.
A. Yes.
Q. When was the last time?
A. I don't recall. It's been recently.
Q. Do you recall what prompted that discussion
with Sheriff Gore?
A. Probably this lawsuit.
Q. Was it prompted by any conduct of
Mr. Playford?
A. Not recently.
Q. Are you able to recall any other
discussions, other than this most recent one about
the -- that may have been about the lawsuit?
A. Over the years there have been several,
many. But as to specific times, I don't remember
exactly.
Q. And what particular issues have you
discussed with Sheriff Gore about Mr. Playford?
A. His aggressiveness. We believe him to be
unstable. His violation of body space with his
cameras. Primarily those issues.
Q. Does Sheriff Gore -- to your knowledge, is
Sheriff Gore aware of the document with Mr. Playford's
picture on it that was given to the lobby deputy?
A. I believe he's aware of it because of the
lawsuit.
Q. Do you know if Sheriff Gore is aware of the
distribution of the document with Mr. Playford's
picture to Miramar base?
A. I don't know.
Q. Addressing page 2 again of Exhibit 3,
No. 3, do you have any knowledge of Deputy Thomas
Seiver's involvement at any time with Mr. Playford?
A. I don't.
Q. Do you know who Deputy Thomas Seiver is?
A. I've heard his name.
Q. Same question. Deputy Brendan Cook, do you
know who he is?
A. I've heard his name.
Q. And do you know of any association between
Deputy Brendan Cook and Mr. Playford?
A. I do not.
Q. Deputy Jesse Allensworth, do you know his
name?
A. I may.
Q. Is it fair to say that you haven't discussed
this case with Deputy Thomas Seiver?

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A. No.
Q. Or Deputy Brendan Cook?
A. No.
Q. Deputy Jesse Allensworth?
A. No.
Q. And none of them have ever -- I'll ask it
singly. Deputy Thomas Seiver ever come to you to ask
you about handling media out in the field?
A. I don't recall that.
Q. Deputy Brendan Cook, has he ever come to you
to ask you about handling media out in the field?
A. I don't recall.
Q. Deputy Jesse Allensworth, has he ever
contacted you to ask about handling media out in the
field?
A. I don't recall.
Q.

Deputy James Brennan, do you recognize that

name?
A. Not really.
Q. It sounds like he's never contacted you to
discuss some handling media in the field?
A. Not that I recall.
Q. Deputy Michael Proctor, do you know him or
recognize his name?
A. I recognize the name.
Q. And has he ever come to you to discuss
handling media out in the field?
A. Not that I remember.
Q. Deputy Jason Ward, do you recognize his
name?
A. No.
Q. And do you recall him ever coming to you to
discuss handling media out in the field?
A. Not that I recall.
Q. Deputy James Stemper, do you recognize his
name?
A. I don't think so.
Q. Do you recall him ever contacting you to -with regard to recognizing or handling media out in
the field?
A. Not that I recall.
Q. California Highway Patrol Officer Joseph
Nielsen, do you know him?
A. I do not.
Q. And I believe we've discussed San Diego
Police officer Gary Hassen?
A. Correct.
Q. Am I correct that he's the -- or he was the
public information officer for the San Diego Police
Department?
A. Yes.
Q. Do you know Steve Fiorina?
A. I do.
Q. Have you had contact with him in his
capacity as the media?
A. Yes.
Q. A reporter?
A. Yes.

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Q. And how long have you known him?

A. Maybe since I began doing this in 1993.
Q. Have you ever discussed Mr. Playford with
Mr. Fiorina?
A. Not that I recall.
Q. Have you discussed Mr. Playford with any
member of the valid media, the media that has the
credentials issued by law enforcement?
A. Yes.
Q. And who have you had those discussions with?
A. I can't remember his name. He is a reporter
with Channel 7. Several years ago, when Mr. Playford
was at Ridgehaven, made a comment that Mr. Playford
was a joke. More recently, this past January, at a
Code 11 in Imperial Beach, a cameraman for KUSI
commented that J.C. Playford was a problem.
Q. When was that time frame on the Code 11?
A. January.
Q. Of 2016?
A. Correct.
Q. Did you convey that information in either
one of those two instances to any deputy to
investigate or anyone to investigate?
A. No.
Q. You have to tell me, Imperial Beach, is that
in the City of San Diego, or is that in the County?
A. It's in the County.
Q. And Ridgehaven, is that in the City or
County?
A. That is in the City. That's our
headquarters.
Q. Do you know if either one of these
reporters -- well, the cameraman and the individual
from Channel 7, were they making a criminal complaint?
A. No.
Q. Did they contact you? In other words, how
did the discussion -- we'll start with the Channel 7
discussion. How did that arise?
A. I believe Mr. Playford was at Ridgehaven,
and this reporter expressed his opinion about
Mr. Playford in general.
Q. Were you there?
A. Yes, I was.
Q. And was this reporter in your office and
expressed the opinion?
A. No. We were outside in front of the
building.
Q. Was this some sort of media conference
outside the building?
A. I don't remember if it's a conference or
just interviews being conducted.
Q. And then the Code 11 in Imperial Beach, how
did that discussion arise?
A. I was just standing there just talking with
the media, not official statements, waiting before -in between my statements, and this cameraman
approached me to give his opinion about Mr. Playford.
Q. So this was during the daytime?

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A. It was late afternoon, early evening.

Q. And about how many people were present?
A. I think it was just the two of us. There
were other people present. There were probably 15 to
20 other people in the area, but did not hear our
conversation.
Q. What's a Code 11?
A. That's when our Swat Team is called out to
usually a barricade situation, a subject barricade or
hostage situation.
Q. And that's part of your job duty to respond
to events like that?
A. Correct.
Q. And you have some sort of an area set aside
where you disseminate information to the media?
A. We have a media section set up, yes.
Q. And is that what happened?
A. Correct.
Q. And were you the primary individual giving
out information at that media site that was set up?
A. Yes.
Q. There were about 20 members of the media or
the general public in that area?
A. Approximately.
Q. It didn't really matter which was which at
that point. You were just giving out information.
It wasn't information just for credentialed media, or
was it?
A. It was outside in a public area, so it was
for the general public as well as the media.
Q. And Mr. Playford was present?
A. He was not.
Q. He was not present?
A. No.
Q. And an individual from KUSI cameraman
approached you to discuss Mr. Playford?
A. Correct.
Q. What did he tell you about Mr. Playford?
A. That he was a problem at scenes. That he
had an issue recently. He was basically expressing
his consternation about Mr. Playford.
Q. What did you see as your job responsibility
to do with that information?
A. It was his opinion. There was nothing to do
with it.
Q. I'm back at Exhibit 3 on page 2. Jefferson
Baker, he's listed as No. 13. Do you know who that
person is?
A. I do not.
Q. Do you know who Deanna Baker is?
A. I do not.
Q. Debra Sue Bonomo, do you know who that is?
A. I do not.
Q. Do you recall an incident involving an
individual by the name of Alan Baker that Mr. Playford
videotaped?
A. Not with just that information, I don't

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recognize it.
Q. Minnie or Miney Boettcher, No. 17?
A. I do not know that person.
Q. Donald Eppich?
A. I do not know that person.
Q. Ryan Peters?
A. I do not know that person.
Q. Deputy Robert Williamson, do you recognize
that name?
A. No.
Q. No. 21 is listed on page 3 of Exhibit 3,
Jennifer Messervy.
A. I don't know that person.
Q. No. 22, Robert Isaacson, do you know that
person?
A. I do not.
Q. Do you recognize the name Matthew William
Deskovick, or do you know him?
A. I do not.
Q. Sean Maginnis, do you recognize that name,
or do you know him?
A. I do not.
Q. Thomas Valente, do you recognize that name
or do you know him?
A. I do not.
Q. Sergeant George Calderon, do you recognize
that name or know him?
A. I do recognize the name, and I know Sergeant
Calderon.
Q. Is he employed by the San Diego County
Sheriff's Department?
A. Yes, he is.
Q. Have you ever discussed Mr. Playford with
Sergeant Calderon?
A. Not that I recall.
Q. Do you know of any context that Sergeant
Calderon has had with Mr. Playford?
A. I do not.
Q. Lieutenant Duncan Fraser?
A. I know Duncan Fraser. He has retired from
the department.
Q. You mentioned him at the beginning of our
deposition. I recall that, but if you don't mind
repeating for me, how do you know Mr. Frasier?
A. He was a lieutenant in Ramona, Ramona
substation when I first met him or got to know him.
And he was promoted to captain. And I worked with him
a little bit when he was captain over the Central
Investigations Division.
Q. Do you know of any association or
involvement he had professionally with Mr. Playford?
A. I know that Mr. Playford did speak to then
Lieutenant Frasier when he was in Ramona, but I really
don't recall what the interactions were.
Q. Kay Lynn Cheatwood, do you recognize that
name or know that person?
A. I do not.
Q. Detective McNeil, do you recognize that name

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or know that person?

A. No.
Q. Deputy Benjamin Brown, do you recognize that
name or know that person?
A. I believe I recognize the name, but I don't
think I know that person.
Q. Do you have any recognition of the name
that's associated with Mr. Playford?
A. I'm sorry?
Q. Do you have any recognition of that name
because of any understanding that he had an
association with Mr. Playford?
A. No.
Q. Deputy Fred Magana, do you know that person
or recognize that name?
A. I think I recognize the name, but I don't
think I know him.
Q. Oceanside Police Detective Josh Ferry?
A. I do not know him.
Q. Oceanside Police Officer Todd Ringrose?
A. I do not know that person.
Q. It looks like California Highway Patrol
Officer Brian Pennings. Do you recognize that name?
A. I recognize and I know Officer Pennings.
Q. How do you know him?
A. Just through shared PIO job functions.
Q. So is it your understanding that at one time
or currently he was a PIO for the California Highway
Patrol?
A. Correct.
Q. Do you know if he is right now?
A. I do not know.
Q. Do you know where he worked out of when you
last had contact with him or knew him?
A. I do not.
Q. A. Macias, do you know that person or
recognize his or her name?
A. Without a first name, no, it's not familiar
to me.
Q. California Fire Battalion Chief R. Scales,
do you recognize that name or know that person?
A. I do not.
MS. BAIRD: If I could have that marked as
Exhibit 4.
(Exhibit 4 was marked for identification by
the court reporter.)
BY MS. BAIRD:
Q. Ms. Caldwell, do you recognize any of those
four squares that appear to be identification cards on
Exhibit 4 as media credentials issued by the San Diego
Police Department?
A. They are not.
Q. In the upper left-hand corner of Exhibit 4
where it has Ed Baier's name at the top of it, have
you seen that media credential or one similar to it
previously?
A. Not that I recall, no.
Q. Does your protocol at the San Diego County

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Sheriff's Department consider any of those media

credentials on Exhibit 4 as valid media credentials?
A. They are not issued by the San Diego Police
Department, no.
Q. Do you know if they're issued by other law
enforcement agencies?
A. It's hard to tell through this, this copy.
I can't tell through this copy.
Q. If none of those four cards portrayed on
Exhibit 4 are issued by law enforcement agencies, is
it the San Diego County's protocol to consider them
not valid credentials?
A. They would not be allowed into our building,
in all likelihood, with just that for a media event.
Q. Again, you can't respond or comment on how
those credentials would be treated in the field
because that would be up to the deputies out in the
field?
A. That's up to the deputies in the field at
any particular scene.
Q. Do you know or are you familiar with the
name Matthew Glazer as an individual who worked at
KFMB TV in San Diego?
A. No.
MS. BAIRD: I think I'm done. Can you just
give me five minutes, ten minutes, and I think we'll
be done.
MR. CHAPIN: This would be fine.
(Exhibit 5 was marked for identification by
the court reporter.)
BY MS. BAIRD:
Q. Do you recognize any of the cards or IDs in
Exhibit 5 that's issued by the San Diego Police
Department?
A. I recognize the last one.
Q. Okay. Is that a media credential or ID
card, or is that -A. That looks to be a parking placard.
Q. And have you seen one of those?
A. Yes.
Q. And again, you don't know the policies or
procedures for the San Diego Police Department for
issuing parking placards, correct?
A. No. You would have to contact us as far as
that goes.
Q. Does the PIO at the San Diego Police
Department -- has a PIO at the San Diego Police
Department ever contacted you in the past to discuss
whether an individual or entity should be issued a
media credential by the PD?
A. Not to my recollection, no.
Q. Has a PIO at the San Diego Police Department
contacted you in the past about whether someone -someone who has been issued a media credential by the
PD, whether that credential should be revoked?
A. No, not to my knowledge.
Q. And I think the third scenario: Has a PIO

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at the San Diego Police Department contacted you in

the past about whether an individual's media
credential issued by the PD should be renewed?
A. Not to my knowledge. They generally make
those decisions on their own.
Q. When they make the decisions, is there any
means of communicating the decision to you? Because
there's no list, right?
A. They have a list, but it's not published to
us. What is your question again?
Q. Oh, for example, if they decide -- if the
San Diego Police Department decided to revoke an
individual's media credential, would they communicate
that to you?
A. No.
MS. BAIRD: Okay. I think I'm done.
Thanks. Well, I am done. I don't "think." I'm done.
MR. CHAPIN: In San Diego we do a
pre-stipulation that covers some of the reporter's
responsibilities, if you want to hear me out.

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COUNTY OF SAN DIEGO

Normally I would relieve the court reporter of some of

her duties by having the original transcript go to my
office to be provided to the witness to sign under
penalty of perjury.
MS. BAIRD: Yes.
MR. CHAPIN: That I will notify you of any
changes within two weeks, or a reasonable time
thereafter, of receipt of it from the court reporter.
And if the original is lost, misplaced for any reason,
a certified copy can be used for any reason.
MS. BAIRD: Yes. Perfect.
(The deposition of JAN CALDWELL concluded at
1:40 p.m.)

STATE OF CALIFORNIA

)
) ss.
)

I, the undersigned, hereby declare that I am the

witness in the within matter, that I have read the
foregoing deposition and know the contents thereof,
and I declare that the same is true of my own
knowledge except as to those matters, I believe them
to be true.
I declare under penalty of perjury that the
foregoing is true and correct.
Executed on this _____day of ________________, 2016,

13 at _____________________, California.
14
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______________________________
17
JAN CALDWELL
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0111
1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF SAN DIEGO )
3
4
I, PATRICIA M. BECK, Certified Shorthand
5 Reporter for the State of California, do hereby
6 certify:
7
That prior to being examined, the witness
8 named in the foregoing deposition was by me duly sworn
9 to testify to the truth, the whole truth and nothing
10 but the truth.
11
That said deposition was taken before me at
12 the time and place therein set forth and was taken
13 down by me in machine shorthand and thereafter was
14 transcribed into typewriting under my direction and
15 supervision, and I hereby certify the foregoing
16 transcript is a full, true and correct transcript of
17 my shorthand notes so taken.
18
I further certify that I am neither counsel
19 for nor related to any party to said action nor in any
20 way interested in the outcome thereof.
21
IN WITNESS WHEREOF, I have hereunto
22 subscribed my name this March 29, 2016, at San Diego,
23 California.
24
_________________________
PATRICIA M. BECK
25
CSR NO. 12090