Case 7:14-cv-02995-KMK-LMS Document 152 Filed 02/01/17 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ERICA MELVIN, Plaintiff DECLARATION Of JOHN M. MURTAGH -against- 14-CV-2995 (KMK)(LMS) COUNTY OF WESTCHESTER et ai., Defendants. JOHN M. MURTAGH, declares under penalty of perjury pursuant to 28 U.S.C. § 1746, that the following is true and correct: 1. Tama Member of Gaines, Novick, Ponzini, Cossu & Venditti, LLP, attomeys for defendants in this matter. As such, I am fully familiar with the matters set forth herein. a I make this declaration, as directed by the Court, in order to address the issue of am alleged “missing” report regarding the events underlying the claims in this case, After an investigation by this office and the Westchester County Department of Correction, it has been determined that there is no such “missing report” and that the report previously produced in discovery, a copy of which has been identified as Plaintiff's Exhibit 10 in depositions, is the only report prepared by Correction Officer Kevin Grant on the moming of January 29, 2013 following the death of Rashad McNulty. 3. Annexed hereto are the following Exhibits: Ex. A. A photocopy of Plaintiff's Exhibit 10 from the January 4, 2017 deposition of Correction Officer Kevin Grant. ThtCase 7:14-cv-02995-KMK-LMS Document 152 Filed 02/01/17 Page 2 of 5 Ex, B, The affidavit of Assistant Warden Francis Delgrosso regarding Plaintiff's Exhibit 10, and the creation of and chain of custody of the original of that document which was located in the file of the Westchester County Department of Correction where it has been since January 29, 2013. Ex. C. A photocopy of the original of Plaintiff's Exhibit 10 from the file of the Westchester County Department of Correction, Ex. D. A photocopy of a Memorandum from then-Captain Francis Delgrosso to then-Captain Walter Moccio, dated 28 February 2013, detailing Officer Grant's creation of the document and the Department’s subsequent efforts to obtain Officer Grant’s signature on the original of Ex. 10. Ex. E. A photocopy ofa Statement of Sgt. George Kosmogiannis dated February 21, 2013 with regard to his assistance to Officer Grant is preparing the original of Exhibit 10 on the morning of January 29, 2013 which report Officer Grant prepared in Sgt. Kosmogiannis’ presence, Ex. F. A photocopy of an e-mail chain between then-Deputy Commissioner of Correction Wanda Smithson and Sgt. Dominick Pietranico of the Special Investigation Unit in regard to attempting to obtain Officer Grant's signature on the original of Exhibit 10 within two weeks of its creation by Officer Grant. Ex. G, Excerpts of the January 4, 2017 deposition of Officer Kevin Grant. At the January 4, 2017 deposition of Correction Officer Kevin Grant, Officer Grant was shown a document marked as Plaintiff's Exhibit 10, a copy of which is annexedCase 7:14-cv-02995-KMK-LMS Document 152 Filed 02/01/17 Page 3 of 5 (Exhibit A). Officer Grant testified that he had not authored that document on the morning in question but had authored another, similar document. He testified that Ex. 10 was “not everything I wrote.” (Ex. G, Deposition of Kevin Grant, 1/4/17 at P. 44, L. 9) and that what he ‘wrote was more “complete.”! Officer Grant further testified that on February 14, 2014, two. Correction Officers, Sgt. Cusma and “Sgt. Pietrinco” came to his home with the original of Plaintiff's Exhibit 10 and asked him to sign it. (Ex. G, Deposition of Kevin Grant, 1/4/17. P. 34, L.8-17). 5. As Ex. D, written February 28, 2013 within one month of the events at issue, states, Capt. Delgrosso made available a computer at which Officer Grant prepared Ex. 10 on the moming of the incident. As Ex. E, the February 21, 2013 statement of Sgt. George Kosmogiannis states, Sgt, Kosmogiannis specifically recalled logging into a computer on the morning of the incident to allow Officer Grant to use it to prepare the original of Ex. 10. Officer Grant, accompanied by his union representative typed the report that morning in Sgt. Kosmogiannis’ presence, Sgt. Kosmogiannis then logged in to print the report for Grant. The union representative proofiead the report. (Ex. D). However, Grant and his union representative then left and Grant neglected to sign the document, As then-Capt. Delgrosso wrote in Ex. D, his contemporaneous memo, when he realized Grant had not signed the document, he, Delgrosso, first tried to reach Grant before he left the jail and, when he did not reach him, then intended to have Grant sign the original of Ex. 10 when Grant returned to work that evening. However, Officer Grant subsequently reported a stress related injury and that he would not be at work that + it bears noting that, despite repeated efforts by plaintiff's counsel to obtain such testimony, Officer Grant never testified that anything recited in Exhibit 10 was, In any respect, inaccurate or incorrect, only that he had written “more.” Officer Grant never testified to what the “more” was. 3 ee a THT 7 FTCase 7:14-cv-02995-KMK-LMS Document 152 Filed 02/01/17 Page 4 of 5 evening, In fact, Grant thereafter filed a disability claim for psychological stress, did not return to work, and remained at home for an extended period. That claim was, ultimately, denied, 6. When Delgrosso leamed that Grant would not be on duty the evening of January 29, 2013, he instead delivered the unsigned document to Deputy Commissioner Wanda Sinithson, on January 29, 2013. (Ex. B). 7. Two weeks later, on February 13, 2013, as a result of Officer Grant’s claim of psychological stress, Officers of the Special Investigation Unit were dispatched to his home in order to remove and secure his weapon in accordance with Departmental protocol when an Officer claims a psychological or emotional condition. In Ex. F, the ¢-mail chain between Wanda Smithson and Dominick Pietranico dated February 13,2013, Sgt. Dominick Pietranico, at 1:57 pam., advises Deputy Commissioner Smithson that the Special Investigations Unit went to Grant's home on February 13 and retrieved the weapon, When Smithson received this initial e- ‘mail she replied at 2:04 p.m, that she should have had Pietranico also obtain Grant’s signature on the original of Ex. 10 while he was at Grant’s home. At 2:39 p.m. Pietranico replies that he will retum to Grant’s home the next day, February 14, to obtain the signature, (Ex. F), This would, of course, comport with Grant’s testimony that Correction Officers “Cusma” and “Pietrinco” (Gic) came to his home on February 14, 2013 and requested that he sign the document, (Exhibit G, Deposition of Kevin Grant, 1/4/17, P. 34, L. 8-24). Ex. D, confirms then-Capt, Delgrosso’s recollection and recent testimony that Grant refused to sign his original report after speaking with his union representative. 8, Following Grant's January 4, 2017 testimony that another “missing report” existed, a search of relevant files was made for this so-called “missing report, No such report wasCase 7:14-cv-02995-KMK-LMS Document 152 Filed 02/01/17 Page 5 of 5 found and both the contemporaneous recollections of those involved, which were scrupulously documented at the time, and the present recollection of these sume individuals demonstrates that Ex. 10 is, in fact, a photocopy of the report prepared by Officer Grant in the presence of his union representative as well as in front of and with the assistance of Delgrosso and Sgt. Kosmogiannis. That report was then given by Delgrosso to Deputy Commissioner Smithson the same day, January 29, 2013. 9. The original of that report has been preserved in the files of the Department of Correction since that day and is available and there is no other “missing” report. Dated: January 31,2017Case 7:14-cv-02995-KMK-LMS Document 152-1 Filed 02/01/17 Page 1 of 3 | EXHIBIT ACase 7:14-cv-02995-KMK-LMS Document 152-1 Filed 02/01/17 Page 2 of 3 Case 7:14-cv-02995-KMK-LMS Document 141-1 Filed 01/12/17 Page 1 of 2 ; WESTCHESTER COUNTY DEPARTMENT OF CORRECTION VALHALLA, NY COMPLETE AppUcAsLE snaoeNt c Nys.Woibed® INFORMATIONAL — DPs.coMPE JLOFRCRAME j SPECIAL REPORT ' COFFICERNAME —_KevinGranenia2s DATE Janvay 29,2013 sussecr Code Sigal DATEOFINGbeNT—— danz5a003 ‘WWE t ToeaTon_3Wese 1 WHO (Ut persons} Gepian Frnch Doles, CO Ket Gani Ha, CO AMonySewonTaI [0 Dominic Manocchi #1027, 0 Tas Sau 11218 RIN John Boggl WN Paulette Sith RUN Dianne Jordan Inmate Fashad eral avers Bur SY ‘War tomces npon) Asbo ve anaicing yar ae Tan aa was expend hes pl noid ths oon nue Rt opglwho ata rend Wal Healy hen Th ‘aprineiroo ofthe sRuaon. se My was scored booing by CO oi, A appronintey FFT ae ey Vas eeored bakit Bock C0 Ss ad Kane soar tats My eppeaTa he Back hese at ne os teing ny ime MeN tnted towobieand CO Soo md CO Manoel only guided Nn the ground ‘renal 2 aed coe gal Tron RN Bop RN Sin aan ln eperded. Capa Doras ‘sponded rate MeN wa laying face downon te gid AAS ated wane Hoy Cota pandhe nok ‘soo We inmete Ny was vig on and WA Sn tok pean WN Bop iol puke NSB) asked gaat sa ou goaded eat NN rah hn a in dom othe cic ANSnPh Thy Gt ad ge te wheal your ge Ture red Cap Deen and ted Te bee dig ite gts ova RNa ese apse hewn ec aNT aa ca oT a ce ela hs SUPERVISORY ACTION we _ Cay ce _ owt 2G Jun (3 Arsbue” Coes Husked Lome Book Be endercreg be the clinic Inmate MeNUity gor up and sai inthe Tr oyCase 7:14-cv-02995-KMK-LMS Document 152-1 Filed 02/01/17 Page 3 of 3 Case 7:14-cv-02995-KMK-LMS Document 141-1 Filed 01/12/17 Page 2 of 2 WESTCHESTER COUNTY DEPARTMENT OF CORRECTION VALHALLA, NY SPECIAL REPORT PAGE2 rn oFFicERNAME OME i sunsccr wheeldtahivceland whenhevweminilackedhiscel Aapprownml/ 8 went down thleriochckon Inmate MeN and he was iting one allt kd im how wathefelng and he stated Tewverfeh Risto tp “eroxnae B15 heard moaning corn om he deer andthe mates cling orc O, When want Gown hetero j ier ane Haye pagar i ou aed weg nob nebo 7 agra 6 went de ap ania Bye go een down the tler to conduct a security tour and inmate McNulty wes laying in the bed again moaning. | called his name 3 times and he tno eon tome obser at easing the ned i dpe Sith dD led er Wyo vento tie eg cling Ue LEN USO eee ee “iS sad al eres Ea Si rT nan eS and! want into the cell she stated to me to hit the code, then ran down the tier and called In code signal 3 to Cental Control. | i ‘Hen vet koh cl and NS ated nee hese gett Neath ground, std nt hy toihe [Fang ates, Won pone abo WANs red ne CPR. RV nt andi ghar phone aed Dinealt nulla nash ieelsieindsiacttadetanenae CbanaDMO | cetinerichoa scree rte ey ede coed EA ES ane ano A ‘approximately S605 EMS tet with inmate MENU. —_ _ SUPERVISORY ACTION (CONTINUED) ve boneCase 7:14-cv-02995-KMK-LMS Document 152-2 Filed 02/01/17 Page 1 of 4 EXHIBIT BCase 7:14-cv-02995-KMK-LMS Document 152-2 Filed 02/01/17 Page 2 of 4 UNITED STATES DISTRICT COURT DUTHERN DISTRICT OF NEW YORK. ERICA MELVIN, Plaintiff, ABFIDAVIT -against- 14.CV-2995 (KMK)(LMS) COUNTY OF WESTCHESTER et al., Defendant STATE OF NEW YORK ) COUNTY OF WESTCHESTER) FRANCIS DELGROSSO, being duly swom deposes and says: 1, Tam an Assistant Warden at the Westchester County Department of Correction cwepoc”). 2. On Jamuary 29, 2013, I worked overtime in the Jail Division, acting in the capacity of ‘a touring Sergeant. During the course of my shift, events occurred involving inmate Rashad MeNulty which form the basis of Plaintiff's allegations asserted in this action. 3. On December 07, 2017, I was examined under oath in this action regarding my role in said events. 4, During my examination under oath, T was asked questions by Plaintiff's counsel regarding official reports submitted in connection with the events involving Mr. McNulty. 5, Twas questioned regarding Plaintiff's Exhibit 10, which is a two (2) page document captioned Special Report with an officer name of ‘Kevin Grant #1429,” a subject of ‘Code Signal 3’ a date of ‘January 29, 2013” and a handwritten time of 0416.’ A copy of Plaintif's Exhibit 10 is attached hereto as Exhibit A, soeCase 7:14-cv-02995-KMK-LMS Document 152-2 Filed 02/01/17 Page 3 of 4 al of that document 6, Lam familiar with Plaintiff's Exhibit 10, having solicited the ori from Correction Officer Kevin Grant immediately following the events involving Mr. McNulty. 7. Lam advised that an issue has recently arisen as to the authenticity of Plaintif?’s Exhibit 10. 8, Ihave a specific and definitive recollection of Correction Officer Grant writing Plaintiff's Exhibit 10. Correction Officer Grant wrote this Speciall Report on a supervisor’s computer terminal in the Jail Division supervisor's office with a union representative (John Houston) present and after being logged onto said computer by Sergeant George Kosmogiannis on the morning of January 29, 2013. 9, Correction Officer Grant left that morning without signing the report I tried to reach him before he left the jail grounds but could not do so. 10. It was then my intent to have Officer Grant sign the report when he returned for his next shift that evening. However, Officer Grant later reported in sick, claiming that he was. suffering stress as a result of the incident 11, Later that day, 1 submitted the original Plaintiff's Exhibit 10 to then-Deputy ‘Commissioner Wanda D. Smithson, then head of WCDOC’s Jail Division. 12, The original Plaintifi"s Exhibit 10 was submitted on blue peper, 8.5” by 11”, as is customary at WCDOC for special reports. A copy of that original is attached as Pxhibit C. 13, Some days later, I was advised by Special Investigation Unit (“SIU") Captain Walter Moccio that SIU Sergeants Paul Cusmia and Dominick Pietranico had reported to Correction Officer Grant's residence on February 14,2013 in an effort to have him sign Plaintif?s Exhibit 10. ype —Case 7:14-cv-02995-KMK-LMS Document 152-2 Filed 02/01/17 Page 4 of 4 14, I was advised by Captain Moccio that when SIU arrived at Correction Officer Grant's residence on February 14, 2013, Correction Officer Grant telephoned and spoke with @ union representative and then declined to sign Plaintiff's Exhibit 10 15. I was surprised and unhappy to hear that Correction Officer Grant had declined to sign Plaintif"s Exhibit 10, as it was in fact his original Special Report which I had solicited from him. Iam aware that following Correction Officer Grant's refusal to sign his Special Report, Captain Moceio solicited a written statement from Sergeant George Kosmogiannis to document the authenticity of the document. A copy of Sergeant George Kosmogiannis’s statement to SIU is attached hereto as Exhibit E. 16. On February 28, 2013, I drafted the attached Memorandum to SIU Captain Moecio providing an overview of my interaction with Correction Officer Grant on January 29, 2013, including my efforts to obtain his signature on the document after he left without signing it that moming, (Exhibit D), 17. Thave reviewed Plaintiff's Exhibit 10 as against the actual Special Report submitted by Correction Officer Grant on January 29, 2013 (which was printed on blue paper and which 1 signed) 18. Plaintiff's Exhibit 10 is an identical copy of the actual Special Report prepared and submitted by Correction Officer Grant on January 29, 2013, FRANCIS DELGROSSO ‘Swom to before me this meussasss day of February 1, 2017 oTARy BUBLIE STATE OF NEWYORK QUALIMIED IN OMANCE! Toon purines Dee 14,2022 aqCase 7:14-cv-02995-KMK-LMS Document 152-3 Filed 02/01/17 Page 1 of 3 wt EXHIBIT C | | | | | |Case 7:14-cv-02995-KMK-LMS Document 152-3 Filed 02/01/17 Page 2 of 3 WESTCHESTER COUNTY DEPARTMENT OF CORRECTION VALHALLA, NY (COMPLETE IF APPLICABLE | oO NYS. INCIDENT # ial OP S.COMP # _ |LoFrceRNAME __ E SPECIAL REPORT | = OFFICER NAME, Kevin Grant #1429 DATE — January 29,2013 ‘SUBJECT Code Signal 3 — — ~ ONTEOFNGDET ——_anzo.201 we QYIG tocanow awe WHotUstpeons) —_“CptnnFrndi Deena, Cetin Gant TTS, C0 Anthony Seto AT 0 Dominick Manocchi #1037, CO Taras Sczur 219, NN John Bogal AN Paulette Smith, UN Diane Jordan Inmate aad | (McNulty 3West C-5 Bk#11-51 ~ ‘WHAT(OMTca?sRepord At opproximately 620 while conducing Sect tournmate Rashad MANUly Hated toe WaChe as experiencing chest pln, I notified the booking nurse RIN Bogs] wha stated to send inmate Muy tothe dni. then natifed Captain DelGrosso ofthe situation. Inmate McNulty was escorted to booking by CO Soto. At approximately 0422 inmate McNulty was escorted back tothe block by CO Soto and/O Manocdhi, As soon as lnmate Mult stepped no the bioche stated that he ‘wasfeeling day, Inmate MeNuly started to wobble and CO Soto and CO Manecehi slowly guided him tothe ground. Ar ‘2pprovimately 0425 called in code signal 3 to central control. WN Boggl RIN Smith and R/N Jordan responded, Capiain DelGvonso responded, Inmate McNulty was laying face down on the ground, RIN Smith asked inmate McNulty to stand up and he didnot ‘respond, While Inmate McNulty was laying on the ground RIN Smith tok his pressure and RIN Boggl ook is pulse, RAVSmith _asked FUN Boga "what do you got" and he replied ‘not good", WN Smith then stated iets take him down tothe clinic. RIN Smith ‘than toi inmate MeNuly to get up and gt in the wheelchalr your ging to the dn mate McNulty gotup andsatin the ‘whesichai WA Smith then turned to Captan DelGrosso and tted"ve been doing tito long tobe ovled™ RN Sah took inate Mays per ag whl was atten the wheschaand ihe cago Back tORl inmate tay war | - SUPERVISORY ACTION nt Copdin Franoe Delgens owe AG JanIS i Arr shove.’ Seo Huck! Lome, i wl Be Calercemen——— |Case 7:14-cv-02995-KMK-LMS Document 152-3 Filed 02/01/17 Page 3 of 3 WESTCHESTER COUNTY DEPARTMENT OF CORRECTION VALHALLA, NY SPECIAL REPORT PAGE 2 OFFICER NAME ATE SUBJECT wheeled to his cell and when he went in locked his cell At approximately G45 |went down the tier to check on Inmate McNulty and he was siting on the tole, asked him how washe feeling and he stated "never Flt ke this before’ At approximately 0450 | heard moaning coming from the CSide tier and the Inmates eling for C.0, When I went down the tier to {check on Inmate MeNulty he was laying on the bed moaning. asked him how was he feling again and he sated he was in pan, ‘At approximately 0455 | went down the tier again and inmate McNulty was sitting on the tollet again, At approximately 0500 | went ‘down the tier to conduct @ security tour and inmate McNulty was laying inthe bed again moaning, | called his name 3 times and he {i not respond to me, observed that he was sll breathing. [then called the cine and spoke to RUN Smith and told her that | ‘cbserved that inmate MeNulty was breathing but he wasnot responding tome cling outto Kim. RUN Smith stated that she wes coming up. notified Captain DelGrosso, RN Smith responded and after observing inmate McNulty she stated she wanted to.gon the cel | then notified Captain DelGrosso and he told me to have C.0 Szcaur come ove fom 3East and asst me, When RIN Smith and | wentinto the cell she stated to me to hit the code, Ithen ran down the ter and called in code signal 3to Cental Control. 1 then went back to the cell and RN Smith asked me to help her to get Inmate McNulty tothe ground. We sid inmate McNulty tothe Ground using his mattress. RUN Jordan responded and both N's started to administer CPR. RIN Smith handed me her phone and {old me to call 911 In which di. Captain DelGrosso responded and took over the phone cal, RN Boggl responded with defibrilator which wes administered to Inmate McNulty. Medica staff continued CP. untl EMS arrived and took over. At approximately 0605 EMS left with Inmate McNulty. a SUPERVISORY ACTION (CONTINUED) NAME DATE STCase 7:14-cv-02995-KMK-LMS Document 152-4 Filed 02/01/17 Page 1 of 2 EXHIBIT DCase 7:14-cv-02995-KMK-LMS Document 152-4 Filed 02/01/17 Page 2 of 2 | Ar Westche Department af Correction Valhalla, New York Memorandum t TT Date: 28 February 2013 ‘To: Captain Walter Moccio Special Investigations Unit From: Captain Francis Delgrosso Re: Special Report submitted by Officer Kevin Grant on the death of inmate Rashad Menulty On January 29, 2013°sometime between the hours of 0700 -0900 Officer Kevin Grant submitted a Special Report to me about an incident regarding the death of Inmate Rashad Menulty which occurred on the previous shift just hours before. He typed this Special Report in a Tac Room office on terminal TN7829. Sgt Kosmogiannis logged into the terminal under his code to allow Officer Grant to type his report. Officer John Houston who is the First Vice President of C.0.B.A. wwas present with Officer Grant the entire time he typed his report. Officer Houston also proof read the report after it was printed in my presence before handing it back to Officer Grant who then submitted the report to me. I then dismissed Officer Grant to go home knowing he bad just been through a stressful ordeal. | along with captain Macmahon had already asked Officer Grant if he was “O.K. or if he needed to talk to somebody”, Officer Grant said he was O.K. and would be in for his shift at 1PM that night, After reading his report I realized he failed to sign it. T attempted to contact him before he left the property without success. The report svas submitted along with my own with the understanding that Officer Grant would | sign his report when he reported for duty at 1PM, Officer Grant later did not report for duty, He called in Job Injury for stress. I was informed approximately 3 weeks later by Captain Moccio that Officer Graot (who still had not returned to work) was refusing to sign his report claiming it was not the report he typed, 1 was naturally outraged to hear this do to the fact he handed it to me personally and had Officer Houston proof read it first in my presence. Any claim by Officer Grant that the report submitted was not typed by him is false. End report.Case 7:14-cv-02995-KMK-LMS Document 152-5 Filed 02/01/17 Page 1 of 2 EXHIBIT ECase 7:14-cv-02995-KMK-LMS Document 152-5 Filed 02/01/17 Page 2 of 2 Departinent ef Curreetinn Valhalla, New York Special Investigation Unit Date B22" IB payee, Lot 1 Sewn) 24,2013 TE logged covaty thupstce Selage wy aces eed ancy pret Specie Banos ins ere). Soe wees eee Notice: Pursuant to the Penal Law, Section 210.45, it is a crime punishable as a Class A misdemeanor to knowingly make a false statement herein, have read this statement consisting of, age (s), end I understand it and itis true, ‘This statement was completed Abe am, onthe duyof_fobmac, ZV 20.13_. - = ~— = “me Cpe Rattan day of Sworn to before me this aes Notary Public Westchester County, New York |Case 7:14-cv-02995-KMK-LMS Document 152-6 Filed 02/01/17 Page 1 of 2 EXHIBIT F |Document 152-6 Filed 02/01/17 Page 2 of 2 | Case 7:14-cv-02995-KMK-LMS From: Pietranico, Dominick Sent: Wednesday, February 13, 2013 01:57 PM ‘To: Smithson, Wanda | ‘Subject: CO KEVIN GRANT GOOD AFTERNOON, I SIU CONFISCATED CO GRANT'S PERSONALLY OWNED FIREARM EARLIER TODAY WITHOUT INCIDENT. FIREARM WAS | SECURED INTO THE SIU AMORY SAFE. I.D CARD WAS ALSO UPDATED TO REFLECT THE CHANGE. 00 YOU NEED A COPY OF THE WEAPON SUSPENSION LETTER? LET ME KNOW. THANKS, DOMINICK PIETRANICO Sergeant / Special Investigation Unit Westchester County Department of Corrections P.0.B0x 389 | Valhalla, New York 10595 | 914-231-1547 Office Ee 914-813-4283 Fax f dsp0@westchestergov.com From: Smithson, Wanda ‘Sent: Wednesday, February 13, 2013 2:04 PM To: Pietranico, Dominick ‘Subject: Re: CO KEVIN GRANT No I have a copy of it. | wish | would have thought about it | need him to sign off on the special he submitted, Let me know if you have to se¢ him for anything. Thanks Sent from my BlackBerry Wireless Device | ietronico, Dominick | Sent: Wednesday, February 13, 2013 2:39 pM | To: Smithson, Wanda ‘Subject: RE: CO KEVIN GRANT | Prony OULD LIKE TO DROP THE LETTER OFF TO ME CAN TAKE IT TO HIM TOMORROW, HE LIVES ABOUT 15 MINUTES FROM THE Jl. T WOULDN'T BE A PROBLEM. LET NE KNOW, | From: Smithson, Wanda | Sent: Wednosday, February 13, 2013 3:13 PM | To: Pietranico, Dominick | Subject: RE: CO KEVIN GRANT | That would be awesome, Thank you ‘Wanda D. Smithson | Deputy Commissioner | ‘Westchester County Department of Comection P.O. Box 369-Woods Road i Valhalla, 10505 | Tek (914) 231-1065 /73 FAX (914) 231-1009 E-MAIL: waus2@westchestengeCase 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 1 of 23 EXHIBIT GCase 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 2 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 1 of 22 Melvin vs County of Westchester 30(b)(6) C.0. Kevin Grant 01/04/2017 1 ~ €.0. Kevin Grant - 2 A. Procedure. 3 o. And the procedure is what, what 4 procedure are you referring to? 5 A. These three go together. 6 Q. Okay. 7 AL So if there is an inmate injury, you & have to fill out a Special Report. and if you notice 9 on the Inmate Injury it says, “Inmate Statement 10 attached.” ll Q. Inmate Statement, in addition to the 12 Special Report? | 13 A. Yes. ~ 14 Q. Got you. - 15 I'm asking you to look at Plaintiff's 16 Exhibit 10. Are you familiar with this document? 17 A. Can you repeat that question. 18 Q. Yes. Are you familiar with this 19 document that we are locking at that's identified as 20 Plaintiff's 10? 21 A Familiar, how? 22 Q. Have you seen this document before? 23 A. Yes. 24 Q. When did you first see this document? 25 A. February 14th. | re >=! POINT _ 441 Lexington Avenue, 2nd Floor Page 25 Eeer"etrenvie New York, NY 10017 | (855) 938-7466 The —Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 3 of 23 | Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 2 of 22 [oe Melvin vs County of Westchester 30(b)(6) C.O. Kevin Grant 01/04/2017 | 2 - C.0. Kevin Grant -— 2 Q 2013? 3 A. Yes. 4 Q. Did you fill out this document? = 5 MR. NOVICK: Objection to form. r 6 o. Did you author this document? | | 7 MR. NOVICK: Objection. Lo 8 MR. RICE: Can he answer? | 9 MR. NOVICK: Yes. | | F 10 A. No. ll a. Do you know who euthored this document? | 13 Q. So where it reads, "At approximately 2 14 o'clock, while conducting a security tour, Inmate 15 Rashad McNulty stated to me that he was experiencing 16 chest pains," you did not write that? a7 MR. NOVICK: Objection. | 18 You can answer. 19 aA. T didn't see this document until 20 February 14, 21 Q. My question was, that first sentence 22 that I read to you, did you write that sentence? ot 23 A. It's typed. 24 a. Did you type that sentence? 25 A. 1 not type anything on this 1 | =. —= + [| io Lexington Avenue, 2nd Floor Page 26 | irk, N¥ 10017 | (855) 938-7466Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 4 of 23 Case 7:14-cv-02995-KMK-LMS , Document 141-4 Filed 01/12/17 Page 3 of 22 Melvin vs County of Westchester 30(b\(6) C.0. Kevin Grant owroar2o17 1 - €.0, Kevin Grant ~ 2 document. 3 Q. Do you know who typed it? 4 A. No. 5 Q. Did you type anything within this 6 document? 7 aA I didn't see this Special Report until 8 February léth. 9 e Tunderstand that. But I'm asking if 10 you typed anything on this document. 11 MR. NOVICK: He is asking you for a 12 "yes" or "no." 13 A. Did I type”this document? 14 Q. That's my question. 15 A. No. 16 Q. And is this a Special Report that we 17 are looking at? 18 a. Yes. 19 a And where it says, "Officer name, Kevin 20° Grant, Shield Number 1429," is that you? 21 a. Yes. 22 Q. And would that indicate that this is 23° your Special Report? 24 MR. NOVICK: Objection. 25 aA. Can you rephrase that question? OEP 441 Lexington Avenue, 2nd Floor Page 27 Shubvaireehtt Now York NY 10017 | (855) 938-7466Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 5 of 23 Case 7:14-cy-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 4 of 22 Melvin vs County of Westchester 30(0)(6) 20. Kevin Grant ovoar2017 1 - C.0. Kevin Grant - 2 9. Where it says, “Officer's name, Kevin 3 Grant, Shield 1429," under special Report, would that 4 indicate this is your special Report? 5 MR. NOVICK: Objection. 6 MS. DEVASIA: Objection. 7 MR. NOVICK: The form belongs to 8 Department of Corrections, correct? 9 MR. RICE: I don't know. 10 MR. NOVICK: He is a correction officer a employed by the Department of Corrections. 2 MR. RICE: All right. 13 MR. NOVICK: Did you not know that the 4 report ~ - 15 MR, RICE: Let's go back. | 16 o. Can we look at Plaintiff's 16 where it 17 says “Special Report.” 18 aA. Uh-hum. 19 o. Okay. Does it say, "Kevin Grant, 20 Shield Number 1429"? 21 A. Yes. 22 Q. Why does it say that underneath Special 23° Report on Plaintiff's 16? Ob 24 MR, NOVICK 25 MS. DEVASIA: Objection. TEI") POINT _ 441 Lexington Avenue, 2nd Floor Page 28 serene New York, NY 10017 | (855) 938-7466 Tit) aCase 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 6 of 23 i Case 7:14-cv-02995-KMK-LMS Document,141-4 Filed 01/12/17 Page 5 of 22 Melvin vs County of Westchester 30(6)(6) C.0. Kevin Grant 01/04/2017 | 1 ~ €.0. Kevin Grant - - | Zz MR. RICE: Just a point of { 3 clarification, are there objections from | 4 two attorneys? | 5 MR. NOVICK: ‘There is only one | | 6 objection on the record. i 1 "MR, RICE? I hear two objections. 1 | 8 just want to understand, are we having | 9 multiple attorneys doing objections for i 10 purpose of the deposition? | 11 MR. NOVICK: I'm objecting. | 12 MR. RICE: I hear another voice. i 13 MR. NOVICK: ~She is whispering to me. | 14 MS. DEVASIA: I kind of whispered to | 15 him. | 16 MR. RICE: You are talking. 1 | a? MS. DEVASIA: I am allowed to talk, T | | 18 am allowed to whisper to Ted. | | 19 MR. RICE: I spoke to Mr. Murtaugh | | 20 yesterday about the deposition, and there | 21 was a court conference with Judge { 22 Magistrate Smith, and on that conference / | 23 call she informed, Justice Magistrate | 24 Smith, that it was her understanding that f 25 his law firm, meaning you and he, would be | i "2S ~) POINT _ 441 Lexington Avenue, 2nd Floor Page 29 * New York, NY 10017 | (855) 938-7466,Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 7 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 6 of 22 ‘Melvin vs County of Westchester 30(b)(6) C.0. Kevin Grant 01/04/2017 i - — ne | 1 - C.0. Kevin Grant ~ | 2 the only attorneys making objections, would li 3 be the only attorneys here talking on E 4 behalf of Kevin Grant. E 5 If I misunderstood that -- | 6 MR. NOVICK: No, you are misstating | | 7 what is occurring, that's what you are E 8 doing. You are misstating what's occurring i a because she said to me under her breath or | 10 whispered. { | a1 MR. RICE: It was not a whisper. | | 12 MR. NOVICK: Maybe not. when you are tf 13 sitting across the table; but she is | | 14 waiepering, and I want. the record to be | 15 clear on that. You didn't hear her talk | 16 out loud, | f ay MR. RICE: I did. ty 18 MR: NOVICK: You did not. it 19 MR. RICE; That's what I'm trying to | | 20 explain te you. | I 21 MR, NOVICK: I disagree with you. | 22 MR. RICE: You disagree with what I 1 | 23 heard? i 24 MR. NOVICK: Yes, because she didn't 25 speak at any volume other than a whisper. } : - | - 44] Lexington Avenue, 2nd Floor Page 30 | i ©” ROANT New York, NY 10017 | (855) 938-7466Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 8 of 23, | Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 7 of 22 Melvin vs County of Westchester 30(6)(6) C.O. Kevin Grant ovoan017 1 = C.0. Kevin Grant - | 2 And apparently I’m not the only one who has | 3 objections to the form of your questions. 4 MR, RICE: That's clear because two of 5 you made an objection. | 6 MR. NOVICK: Right, and I'm just making | 7 @ point out of the many other depositions 8 we have had, and my objections are to form, 9 which confirms my prior objections. Your 10 question was objectionable. | uw MR. RICE: That's fine, that's why you | 13 MR. NOVICK; ~And I objected | 14 simultaneously to her whisper. 15 So if you could just re-ask the | 16 question, and we will move on. | | 17 MR. RICE: Okay. Can you repeat my | 18 last question, please. | | 19 (The court reporter read back the last I 20 question as requested.) | 21 MR. NOVICK: So, again, objection. | 22 You can ask a question "Do you know | 23 why?" You'xe asking him to speculate if he | 24 does not know. | 25 MR. RICE: We don't know if he knows or | “POINT __ 441 Lexington Avenue, 2nd Floor Page 31 EOINT York, NY 10017 | (855) 938-7466Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 9 of 23 Case 7:14-cv-02895-KMK-LMS Document 141-4 Filed 01/12/17 Page 8 of 22 Melvin vs County of Westchester 30(6)(6) C.0. Kevin Grant 01/04/2017 1 ~ €.0. Kevin Grant - 2 does not know. 3 MR. NOVICK: Your question has no 4 foundation, so why don't you go one step at 5 a time before you take this quantum leap 6 and -~ 7 MR. RICE: Quantum leap? 8 MR. NOVICK: That's what you are doing. 9 MR. RICE: All right, we will take it 0 slow. A. MR. NOVICK: You know, we will agree 12 that next to “Officer Name" it says "Kevin 13 Grant, 149 14 MR. RICE: "1429," 15 MR. NOVICK: == "1429," and the 16 documents speaks for itself, 17 MR. RICE: No, it does not, it does not 18 speak for itself. We are looking at 19 Plaintiff's 10 with his name there, he is 20 telling me he did not write this, so it 21 does not speak for itself, 22 MR. NOVICK: So you can ask him. 23 MR. RICE: You can't tell me what to 24 ask him. 25 MR. NOVICK: I'm not going to let you © ‘New York, NY 10017 | (855) 938-7466 441 Lexington Avenue, 2nd Floor Page 32Case 7:14-cv-02995-KMK-LMS Document 152-7. Filed 02/01/17 Page 10 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 9 of 22 Melvin vs Coumy of Westchester 30(6)(6) C.O. Kevin Grant 01/04/2017 1 - C.0. Kevin Grant - 2 cause him to guess or speculate. 3 MR. RICE: I'm not asking him to guess. 4 MR, NOVICK: Ask him do you know why -~ 5 MR. RICE: Don't tell me what to ask 6 him. 7 May I continue, please? 8 MR. NOVICK: Yes. 9 MR. RICE: Thank you. 10 EXAMINATION BY MR. RICE: (Cont'd) 1 Q. On Plaintiff's 16,-under "Special 12 Report," did you write "Kevin Grant, Number 1429"? 13 A. Yes. - 14 a. Why did you write that? 15 A I filled out that Special Report. | 16 Q. Okay. And under, or next to the 17 bracket "Officer Name," is that the officer who 18 filled out the Special Report? 19 MR. NOVICK: Objection to form, 20 A. That's handwriting, that's my 21 handwriting. 22 a Next to where it says "Officer's Name," 23 prior to your handwriting or you writing this in, did 24 you write that in because you were the author of this 25 Special Report? POINT _ 441 Lexington Avenue, 2nd Floor Page 33 © toutattoNat New York, NY 10017 | (835) 938-7466 |Case 7:14-cv-02995-KMK-LMS Document 152-7. Filed 02/01/17 Page 11 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 10 of 22 Melvin vs County of Westchester 30(b)(6) C.0. Kevin Grant 01/04/2017, = 1 ~ C.0. Kevin Grant — 2 AL Yes. 3 Q. Thank you, 4 On Plaintiff's 10, where it says 5 "Officer's Name, Kevin Grant, 1429," do you know why 6 your name is there? 7 As No. 8 Q. Okay. You say you first saw this 9 document on February 14th, 2013; is that correct 10 aA. February 14, 2013, yes, 1. Q. How did you come to. first see this 12 document? 13 A. It was brought to my residence. 14 Q. By whom? - 15 A. Sergeant -- at that time, Sergeant 16 Cusma, C-u-s-m-a, and Sergeant Pietrinco, 17 P-i-e-t-r-i-n-c-o, 18 Q. And they hand-delivered this document 19 to you at your residence? 20 A They brought it to me. 21 Q. Do you know why they brought this to 22 you? a MR. NOVICK: Objection. 24 A They asked me to sign it. 25 Q. Did you sign this document? BS BOINT. 4a Lexington Avenue, 2nd Floor Page 34 SNTHPSCS New York, NY 10017 | (855) 938-7466Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 12 of 23, Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 11 of 22 Melvin vs County of Westchester 30(b)(6) C.0. Kevin Grant 01/04/2017 a - €.0. Kevin Grant - 2 A. No, sir. 3 a. Why not? 4 A. Because it wasn't the Special Report 5 that I submitted. 6 MR. NOVICK: There is a different 7 subject. If you look under the name, one ls says "Code 3," and the other one says a "Inmate." 10 MR. RICE: All right. 11 MR. NOVICK: Okay. P 12 Q. At the time when those two officers 13° came to your residence,~did you know who typed this 14 Special Report? 15 A. No. 16 Q. Do you know today who typed this 17 Special Report? 18 AL No. a9 . And after you chose not to sign this 20 Special Report, did you hear about this Special 21 Report after that day? 22 MR. NOVICK: Objection to form. 23 Other than attorney-client privilege, 24 Counselor, other than meetings with his 25 lawyer? ve POINT | 441 Lexington Avenue, 2nd Floor Page 35 © New Yark, NY 10017 | (855) 938-7466Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 13 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 12 of 22 ‘Melvin vs County of Westchester 30(6)(6) C.O. Kevin Grant 01/04/2017 1 - C.0. Kevin Grant - 2 MR. RICE: Correct, in the context of 3 = 4 MR. NOVICK: Of what? Fi MR. RICE: Corrections. 6 MR. NOVICK: While working as a 7 correction officer? 8 MR. RICE: Correct. 9 MR. NOVICK: Okay. Other than meetings 10 with counsel, were documents reviewed? ce THE WITNESS: Cen you just repeat the 12 whole question for me, please. 13 MR. NOVICK: With that segue, though -~ | 14 MR. RICE: I didn't hear you. 15 MR. NOVICK: I'm making sure that you 16 are not asking him te violate attorney~ 17 client privilege. 18 MR. RICE: O£ course I'm not asking 19 that. 20 €an you repeat my last question, 21 please. 22 (The court reporter read back the last 23 question as requested.) 24 A, Can you clarify that question for me, 25 please? ry POINT | 441 Lexington Avenue, 2nd Foor Page 36 te POINT ‘New York, NY 10017 { (855) 938-7466Case 7:14-cv-02995-KMK-LMS Document 152-7. Filed 02/01/17 Page 14 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 13 of 22 Melvin vs County of Westchester 30(6)(6) C.0. Kevin Grant o1oa2017 [a ~ C.0. Kevin Grant - 2 Q. Did anybody from the correctional staf? 3 ever mention this Special Report on February 14th? 4 MR. NOVICK: Objection to form. 5 A. Correctional staff? 6 Q. Westchester County Department of 7 Corrections. 8 MR. NOVICK: Objection to form. 3 AL As far as lawyers? 10 MR. NOVICK: Other than lawyers. at A. Other than lawyers? 12 Q. No, other than lawyers pertaining to 13 this case. ~ 14 MR. NOVICK: I can't imagine meeting 15 with lawyers. 16 MR. RICE: I don't know anything. 1 1 con't even understand how this happened, so 18 I'm really confused about why we are even 19 talking about this particular document. 20 MR. NOVICK: Well, since it's a 21 Department of Corrections process, I think 22 that the subject matters are different, but 23 that's for you to figure out. That's the 24 way Isee it. I see a subject Code 3, and 25 i see a subject Inmate Injury, and as to i © POINT 441 Lexington Avenue, 2nd Floor Page 37 feenron'se New York, NY 10017 | (855) 938-7466 oe —Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 15 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 14 of 22 Melvin vs County of Westchester 30(0)(6) C.0. Kevin Grant 01/09/2017 1 - €.0. Kevin Grant - 2 your last question that wasn't answered, 3 there is still concern about the witness 4 about whether or not there was discussions 5 with counsel, with me, because we -- we 6 have reviewed documents. 7 MR. RICE: Let me try to build a 8 foundation. 9 o. Officer Grant, other than the attorneys 10 seated to your left, did you have any other attorneys 11 with respect to Rashad McNulty? 12 Be Yes. | 13 Q. What attorneys were there? 4 Be The county attorney. 15 Q. The county attorney? 16 A. Yes. vy a. And you had discussions with the county 18 attorney -- without telling me what those discussions 19 were, you had discussions with the county attorney 20 concerning the death of Rashad McNulty? a1 MR. NOVICK: Objection. 22 You are giving him a topic of what he 23 discussed with the county's attorney. I'm 24 sure whatever he discussed with the 25 county's attorney has to do with the case. 8. POINT _ 441 Lexington Avenue, 2nd Floor POINT ese tc i 958s Page 38Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 16 of 23 Case 7:14-cv-02095-KMK-LMS Document 141-4 Filed 1/12/17 Page 15 of 22 Melvin vs County of Westchester 30(b)(6) C.O. Kevin Grant 010472017 1 ~ C.0. Kevin Grant - 2 MR. RICE: Strike that question. 3 MR. NOVICK: Thank you. 4 Q. Other than your communications with 5 attorneys, did you speak with anybody from Department € of Corrections with respect to this Special Report 7 after February 14th, 2013? 8 AL Westchester County Department of 9 Corrections? 10 Q. Yes. a A. No. . 12 o. Okay. When they brought this to your 13° residence on February 14th, 2013, did they give you a 14 copy for you to keep? 15 A No. 16 a Did you get a chance to read it on that 17 day? 18 A. Yes. 19 Q. Are the contents within this document 20 correct, to the best of your recollection? 21 MR. NOVICK: You want to read it? 22 THE WIINESS: No. 23 a. No, you don't want to read it, or no, 24 they are not correct? 25 A I don't want to read it. 7 POINT |, 441 Lexington Avenue, 2nd Floor Page 39 ost New York, NY 1001? | (855) 938-7466Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 17 of 23, Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 16 of 22 ‘Melvin vs County of Westchester 30(b)(6) C.0. Kevin Grant 01/04/2017 1 - €.0. Kevin Grant - 2 Q. Are the contents correct? 3 A. I don't know what the content is. 4 2. Did you read this document before 5 today? 6 A. February 14th, 2013. 7 Q. And when you read it on that date, do 8 you recall if the contents within that special Report 9 were correct? lo A. It wasn't the document that I 11 submitted. . 12 Q. That's not my question. My question 13 is, do you recall if the contents within this 14 document were correct? 15 MR, NOVICK: Do you want to read the 16 document to answer the question, or do you 7 want to go from memory from February 14th, u 2013? 19 Counsel asked you if the contents are 20 correct. 21 So, Mr. Rice, are you asking -- 22 MR. RICE: When he read it on February 23 14th, 2013, does he recall if the contents 24 within the Special Report were correct? 25 AL When I read this on February 14th, POINT __ 441 Lexington Avenue, 2nd Floor Page 40 euTanranni New York, NY 10017 | (835) 938-7466 fitted: ie. { iCase 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 18 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 17 of 22 ‘Melvin vs County of Westchester 30(bX6) C.0. Kevin Grant 01/04/2017 1 ~ C.0, Kevin Grant - 2 2013, I realized that it wasn't the Special Report 3 that I submitted, and that's why I refused to sign 4 it. 5 Q. My question is, did you recall at that 6 time what then was presented to you was correct, was | 7 accurate? 8 MR. NOVICK: Objection, it's been asked 9 and answered. 10 MR. RICE: No, it has not been u answered. We can go back on the record. 12 WR, NOVICK: We never left the record. 13 MR. RICE: “I mean let's read -- let's 4 hear what the answer was. I do not recall 15 an answer to that question. 16 MR. NOVICK: He said, "I realized it W wasn't the Special Report." You said, "Are 18 the contents correct?" He responded, "I 19 realized it wasn't the Special Report that 20 I submitted." 22 MR. RICE: That's not my question, 22 whether it was his report. It's whether 23 it's correct. 24 We can go line by line and we can find 25 out if what I see before me is accurate. - NT 441 Lexington Avenue, 2nd Floor Page 41 ie New York, NY 10017 | (855) 938-7466Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 19 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 18 of 22 Melvin vs County of Westchester 30(b)(6) C.0. Kevin Grant 010472017 1 = C.0. Kevin Grant ~ 2 I'm entitled to know that. 3 MR, NOVICK: If he knows the answer. 4 MR. RICE: Okay. Let's go. 5 MR. NOVICK: He didn't sign i 6 MR. RICE: We are here discussing a 7 document that was presented to me in the 8 course of discovery with his name, Kevin 9 Grant, 1429, which purports to be a Special 10 Report authored by him. cee I find out for the first time today 12 that he did not write this report, and I'm 13 asking him if thé contents within this 14 report are accurate, and I'm entitled to 15 know that. 16 MR. NOVICK: There is a signature of 17 somebody. Delgrasso signs it down here. 18 Did you ask Delgrasso questions about the 19 document? 20 MR, RICE: Can I go? 21 MR. NOVICK: I guess you can go, ask 22 question by question. 23 MR. RICE: Okay. 24 MR. NOVICK: Ask a question, and then 25 let's take a break. POINT. 441 Lexington Avenue, 2nd Floor Page a2 ROINE New York, NY 10017 | (855) 938-7466 a |Case 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 20 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 19 of 22 Melvin vs County of Westchester 30(6)(6) C.0, Kevin Grant 142017 1 - C.0. Kevin Grant - 2 Is there an open question? 3 MR. RICE: Yes. 4 Q. Are the contents within this report 5 correct? 6 AL I answered that. 7 2 No, you did not answer that. You said 8 it was not written by you, 11 it. 13 my question always has been -- 14 MR. NOVICK: Is the sum and substance 15 of it correct? 16 Q. -- is everything correct? a7 MR. NOVICK: Well ~~ 18 Q. Is everything within this report 19 correct? 20 MR. NOVICK: Objection to the form of 24 that. 22 MS. DEVASIA: Are you reading the 2 report? 24 MR. NOVICK: He's reading the report. 25 A, (Referring.) * New York, NY 10017 | (855) 938-7466 9 aA. fread it and I realized it was not the 10 Special Report that I submitted, so I refused to sign 12 a. I understand that. My question now és, “POINT. 441 Lexington Aveme, Page 43 ST TaCase 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 21 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4, Filed 01/12/17 Page 20 of 22 Melvin vs County of Westchester 30(06) C.0. Kevin Grant 010472017 1 = C.0. Kevin Grant - 2 MR. NOVICK: Let me know when you are 3 done reading, Kevin. 4 THE WITNESS: I'm finished. 5 MR. NOVICK: So the question is, was it 6 correct or ~~ what words did you use? 7 Q. Is the information supplied in this @ Special Report accurate? 9 AL It's not everything I wrote. 10 a. I promise you we will get to that in a 11 second; I'm just asking about. this document. 12 A. Somewhat. 13 Q. Okay. Good. 14 MR. RICE: Aze you going to take a 15 break? 16 MR, NOVICK: Are you okay? 17 THE WITNESS: Yeah, I'm good. 18 MR. RICE: Okay. Keep going. 19 Qo Is it your testimony today that you 20 wrote a separate Special Report, other than what’s in 21 © front of us as Plaintiff's 10? 22 A. I typed. i 23 a. You typed a separate Special report? 24 AL And signed. 25 o. When did you type this other report? 441 Lexington Avenue, 2nd Floor Page 44 SoueFatsiis New York, NY 10017 | (855) 938-7466 Ttte: eeeCase 7:14-cv-02995-KMK-LMS Document 152-7 Filed 02/01/17 Page 22 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 21 of 22 ‘Melvin vs County of Westchester 30(6)(6) C.0, Kevin Grant 01/04/2017 | | 1 ~ €.0. Kevin Grant - a A. January 29th, 2013. 3 Q. Approximately what time? 4 A Between @ and 9, I was working on it -~ | o T got out about 9 o'clock that morning, so from 7 to 6 9 I was working on it. 7 Q. And you signed it between 7 to $7 i ok 8 A. Yes. 9 Q. And what did you do with it after you 10 typed and signed it? | ua, U hand-delivered it to Captain | 12 Delgrasso. ly 13 2. On January~29th, 20132 i | 14 AL Yes. - | | 1s . And what, if anything, did Captain ' 16 Delgrasso do with that report, 1£ you know? | a7 MR. NOVICK: Objection, | 18 Q. Do you have a copy of that report that 19 you typed and signed? 20 A. No, sir, | 21 QO. What, if anything, was different about it 22 the report that you typed and signed versus what's i 23 before us as Plaintiff's 10? 24 A. I do not recall at this time. 25 2. Was there more information? y INT 441 Lexington Avenue, 2nd Floor Page 45 ROINT Now York, NY 10017 | (855) 938-7466 |Case 7:14-cv-02995-KMK-LMS Document 152-7, Filed 02/01/17 ' Page 23 of 23 Case 7:14-cv-02995-KMK-LMS Document 141-4 Filed 01/12/17 Page 22 of 22 Melvin vs County of Westchester — 30(0Y(6) C.0. Kevin Grant 01/04/2017 1 ~ €.0. Kevin Grant - 20 aA. I would say so. 3 °. More information concerning what? 40a Just more to details. 5 MR. RICH: At this time, I'm going to 6 ask for a complete production of all the 7 records prepared and presented by Officer 8 Kevin Grant. 9 In the beginning, I made several 10 discovery requests. One of those requests qi specifically related to all statements that 12 were made. I'm now being told for the 13 first time on thé’ last day of our deadline 14 for fact discovery that there is a separate 1s Special Report authored by Kevin Grant, and 16 I have never been provided with that. 17 It is totally inappropriate for me not 18 to have this other Special Report, 19 especially if it was known by one of your 20 clients, or all of your clients, or some of 21 your clients, that this report exists, and 22 I demand for it to be immediately turned 23 over to plaintiff. and if it's not, I'm 24 going to immediately seek redress from the 25 Southern District Court. a - OINT _ 441 Lexington Avenue, 2nd Floor Page 46 EQINI New York, NY 10017 | (855) 938-7466,