Transcript Chief Harry Robshaw Deposition

Case 8:13-cv-03282-GJH Document 39-9 Filed 10/16/15 Page 1 of 274
Transcript of Chief Harry Robshaw

Date: September 16, 2015
Case: Schmit -v- Town of Cheverly
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Plaintiffs' Exhibit 9
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1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF MARYLAND
3 --------------------------------------x
:
4 FRANCIS K. SCHMIDT, ET AL., :
:
5 :
Plaintiffs, :
6 :
: Case No.
7 -v- :
:8:13-cv-03282-PWG
8 THE TOWN OF CHEVERLY, MARYLAND, :
:
9 Defendant. :
:
10 --------------------------------------x
11
12 Deposition of CHIEF HARRY ROBSHAW
13 Greenbelt, Maryland
14 Wednesday, September 16, 2015
15 11:08 a.m.
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Job No.: 91530
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Pages: 1 - 238
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Reported by: Fazier Walle
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Deposition of Chief Harry Robshaw
Conducted on September 16, 2015
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1 Deposition of CHIEF HARRY ROBSHAW, held
2 at the offices of:
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6404 Ivy Lane
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Greenbelt, Maryland 20770
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(888)433-3767
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13 Pursuant to Notice, before Fazier Walle,
14 a Shorthand Court Reporter and Notary Public in and
15 for the State of Maryland.
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PLANET DEPOS
888.433.3767 | WWW.PLANETDEPOS.COM
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1 A P P E A R A N C E S
2 ON BEHALF OF THE PLAINTIFFS:
3 ANDREW S. CABANA, ESQUIRE
4 LAW OFFICE OF ANDREW CABANA, P.C.
5 2121 Eisenhower Avenue, Suite 200
6 Alexandria, Virginia 22314
7 (703)518-7930
9 ON BEHALF OF THE DEFENDANTS:
10 MATTHEW PETER, ESQUIRE
11 7225 Parkway Drive
12 Hanover, Maryland 21076
13 (443)561-1700
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15 ALSO PRESENT:
16 DAVID W. WARRINGTON, Town Administrator
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1 C O N T E N T S
2 EXAMINATION OF CHIEF HARRY ROBSHAW PAGE
3 By Mr. Cabana 5
5 E X H I B I T S
6 (*Attached to transcript)
7 ROBSHAW DEPOSITION EXHIBIT PAGE
8 Ex. 1 Amended Complaint 14
9 Ex. 2 Defendant's Answer 16
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1 P R O C E E D I N G S
2 Whereupon,
3 CHIEF HARRY ROBSHAW,
4 being first duly sworn or affirmed to testify to the
5 truth, the whole truth, and nothing but the truth, was
6 examined and testified as follows:
7 EXAMINATION BY COUNSEL FOR PLAINTIFFS
8 BY MR. CABANA:
9 Q Could you state your name for the record.
10 A Harry Robshaw, R-O-B-S-H-A-W.
11 Q Okay. And where are you employed, Mr.
12 Robshaw?
13 A I'm employed as the chief of police for
14 the town of Cheverly in Cheverly, Prince George's
15 County, Maryland.
16 Q How long have you had that position?
17 A Approximately eight years.
18 Q You said you're chief of police. Would I
19 be correct when I assume that you have been deposed
20 before?
21 A Yes.
22 Q And you've given testimony in court
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1 before?
2 A That's correct.
3 Q So you understand you're under oath, and
4 under the penalties of perjury, you have to give
5 truthful answers to the best of your ability and
6 recollection?
7 A Yes, sir.
8 Q Are you under any drugs or medical
9 condition that would prevent you from answering
10 truthfully today?
11 A No.
12 MR. CABANA: Okay. And could we just
13 notice on the record that the town administer,
14 Mr. Warrington, is also present at the deposition.
15 BY MR. CABANA:
16 Q When did you first come to know -- I'm
17 going to call him Officer Frank Schmidt?
18 A He applied for the department in early
19 2008.
20 Q Okay. And were you involved in the
21 decision to hire him?
22 A I participated in the oral interview, and
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1 I think I did most of the background check.
2 Q Okay. And, ultimately, is the decisions
3 to hire and fire for the police force your
4 decisions?
5 A Yes.
6 Q And who else has input into those
7 decisions? Who, if anybody?
8 A I don't remember exactly who was on the
9 oral board, but those -- those people, as well as
10 supervisors on the department.
11 Q Is Mr. Warrington, the town administrator,
12 involved in decisions regarding the hiring of police
13 officers?
14 A He reviews the final jacket that I would
15 turn into the Maryland Police Training Commission
16 for certification.
17 Q Now, how many officers or -- how many
18 employees on the police force approximately?
19 A Twenty.
20 Q Twenty, okay.
21 A Twenty with positions that are not able to
22 be filled right now. Including those positions,
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1 there are 20.
2 Q Do you have regular meetings with the
3 officers?
4 A Yes.
5 Q And at these meetings, what type of issues
6 are discussed?
7 MR. PETER: Can I just object for
8 clarification? Are we talking about staff type
9 meetings or just sort of one-on-one type meetings?
10 BY MR. CABANA:
11 Q Well, I guess you have regular staff
12 meetings with your offices?
13 A We have staff meetings, not always on a
14 regular basis. It depends upon what's happening in
15 the town, crime rates and things, issues that come
16 up that we have to deal with.
17 Q Okay. And when you do have staff
18 meetings, do you tend to speak at these meetings?
19 A Yes.
20 Q Okay. Turning back to the time period
21 of -- I guess if you could refer back to September
22 of 2010, was officer Schmidt injured in a workplace
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1 injury during that time frame?
2 A At the time, I did not know it was a
3 workplace injury.
4 Q Okay. And was this on or about September,
5 I guess, 28th or 29 of 2000 --
6 A If that was the date of the public safety
7 day, that's correct.
8 Q And so subsequent to that injury, did
9 Mr. Schmidt go out on leave?
10 A Yes.
11 Q And to the best of your recollection, do
12 you know if he was hospitalized?
13 A I only have knowledge of that hearsay
14 through other supervisors as notified to them by
15 Mrs. Schmidt.
16 Q And which of those supervisors informed
17 you that Mrs. Schmidt had told them?
18 A I believe Sergeant McGuire indicated to me
19 that he had been hospitalized and had some type of
20 medical treatment.
21 Q Okay. And I guess during the period of
22 Mr. Schmidt's employment -- well, the first period
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1 of his employment, which goes through August of
2 2012, who were the supervisors on the force?
3 A Sergeant McGuire and Sergeant Lamb and
4 Lieutenant Frohlich.
5 Q Okay. And was Lieutenant Frohlich your
6 second in command during that time period?
7 A Yes.
8 Q Okay. When you learned that Mr. Schmidt
9 was claiming to have been injured on the job, did
10 you have a conversation with a Officer Gizinksi
11 regarding Mr. Schmidt?
12 A At what point?
13 Q In early October of -- I guess subsequent
14 to the September 29th injury, but in early October
15 of 2011.
16 A Yes.
17 Q And what, if anything, did you tell
18 Mr. Gizinski?
19 A Gizinski had come to me to ask if the town
20 had a policy dealing with leave donation.
21 Q And what did you tell him?
22 A I indicated that they did not. We both
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1 were at one time county policeman, and I reminded
2 him that the county had a policy of leave donation;
3 the town did not.
4 Q And did you make any other statements to
5 Mr. Gizinski regarding Mr. Schmidt's leave?
6 A I don't know specifically, no.
7 Q Did the town initially contend that
8 Mr. Schmidt's injury was not work-related?
9 A I don't know. When I learned that -- and
10 this was after public safety day. When I learned
11 that he had claimed an injury and had indicated that
12 it was from a pre-existing hernia, I contacted Jenny
13 Conlon, who is our representative for what used to
14 be IWIF. It's now Chesapeake, which is our Injured
15 Workers Insurance Fund.
16 Q His name again, Jerry?
17 A No, Jenny.
18 Q Jenny?
19 A Jennifer Conlon.
20 Q Conlon, all right.
21 A I'm not sure how to spell her last name.
22 Q Okay. And you told Ms. Conlon?
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1 A I told her two things; one, that I felt it
2 was my duty with respect to my employer to report
3 what appeared to be a pre -- an injury of a
4 pre-existing condition. And I also indicated to her
5 that at that time, he was low on sick leave and that
6 the process should move forward quicker than most
7 times.
8 Most times when I deal with IWIF, the
9 process is pretty slow and takes months to
10 accomplish. I indicated to her because he had a
11 small amount of leave or no -- I'm not sure how much
12 leave he had left, but it was low -- that she needed
13 to move this process along quicker than usual.
14 Q Did you indicate to her what would happen
15 if he ran out of leave?
16 A I don't -- I don't think we ever discussed
17 that.
18 Q Did you ever discuss with anybody what the
19 town intended to do or what the police force
20 intended to do if Frank ran out of leave following
21 his injury?
22 A No, I don't make those decisions. I
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1 don't -- I wouldn't have discussed that.
2 Q Who makes decisions regarding leave?
3 A I -- I mean, the Workman's Compensation,
4 that type of leave comes from the town
5 administration.
6 Q But if it was not Workers' Compensation
7 and somebody went out on leave what, if anything,
8 would you do to them if they ran out of leave?
9 A I would refer them out to town
10 administration for a judgment.
11 Q Did you ever tell -- was Corporal Gizinski
12 the fraternal order of police representative for the
13 officers in the town?
14 A No.
15 Q Are the officers in the town members of
16 the fraternal order of police?
17 A They may be. I don't know.
18 Q Did you ever consider Mr. Gizinski to be
19 the FOP representative?
20 A No.
21 Q Did anybody in the town ever consider
22 Mr. Gizinski to be the FOP representatives?
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1 MR. PETER: Objection.
2 You can answer.
3 A I can't -- I can't say what somebody else
4 would consider.
5 MR. CABANA: This is not in the book, but
6 this is the amended complaint. So I guess if we can
7 mark this as 1. Here's a copy for you.
8 (Exhibit 1 was marked for identification
9 and is attached to the transcript.)
10 BY MR. CABANA:
11 Q I'm showing you what's been marked as
12 Plaintiffs' Exhibit 1 to the deposition of Chief
13 Robshaw?
14 A Mm-hmm.
15 Q And this is the amended complained that
16 has been filed in this matter.
17 Have you ever seen this document before?
18 A I'm not certain. I've reviewed so many
19 documents in this case, I don't want to say for sure
20 that I've actually read this.
21 Q And, I guess, going to the same thing,
22 were you ever consulted -- do you understand that
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1 the town through their lawyers answered this
2 complaint?
3 A Yes.
4 Q Were you consulted regarding which of
5 these allegations to admit and which of these
6 allegations to deny?
8 You can answer that question.
9 A Nobody has ever told me what to admit and
10 what to deny.
11 BY MR. CABANA:
12 Q Not told you. Do you understand that this
13 document contains factual allegations regarding you
14 and regarding the town's treatment of Mr. Schmidt?
15 A I understand -- I understand allegations,
16 right.
17 Q Right. Did you ever give your -- did you
18 ever provide input on which of these allegations
19 were true and which of these allegations were false,
20 your input?
21 A Yes, I did.
22 Q Okay.
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1 MR. CABANA: If we could mark this as
2 Plaintiff's Exhibit 2.
3 (Exhibit 2 was marked for identification
4 and is attached to the transcript.)
5 BY MR. CABANA:
6 Q Having marked and presented to you
7 Plaintiffs' Exhibit 2, this is defendant's answer
8 raising defenses and demand for trial by jury filed
9 on behalf of the town of Cheverly.
10 If you look at the last page, it was filed
11 by Mr. Breads and your counsel here, Mr. Peter. Do
12 you see that?
13 A Right. Yes, sir.
14 Q Okay. If you would turn to -- in the
15 first document I gave you, Exhibit 1 --
16 A Okay.
17 Q -- page 3.
18 A Yes.
19 Q Item No. 9 it asks, "At all relevant
20 times, Corporal Edmund Gizinski has served in the
21 Cheverly Police Department. He also had a role as
22 union representative for the Fraternal Order of
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1 Police, FOP, during 2011, 2012."
2 Do you see that allegation?
3 A Yes, sir.
4 Q If you turn to your answer that was filed
5 on behalf of the town -- and it would be page 2 of
6 that answer.
7 A Okay.
8 Q And if you see No. 9, "Defendant admits
9 the allegations in paragraph 9 of the complaint as
10 amended."
11 Do you see that answer?
12 A Yes.
13 Q And so you're saying today that this
14 document prepared on behalf of the town and filed by
15 your lawyers is incorrect?
16 A No.
17 Q That Mr. Gizinski is not the FOP
18 representative or did not have a role as the FOP
19 representative?
20 A Let me clarify this. When Gizinski came
21 to me on the day we talked about leave banks and
22 stuff, I indicated to him and he acknowledged that
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1 unlike Prince George's County, we do not have union
2 representatives because we don't have binding
3 arbitration.
4 I allowed him to talk to me as a
5 representative FOP9, but I was not bound by any of
6 his suggestions or -- I indicated to him that I was
7 not bound to answer any of his questions. He was
8 referring to how the county operated, which is much
9 different than how the town operates.
10 So for me to say he was a union
11 representative, yeah, I know he was on the board of
12 FOP9, but there was no obligation on my part to
13 treat him as such. I gave him the information
14 referenced to the leave bank as a courtesy.
15 Q So when it says here he had a -- when the
16 town admitted that he had a role as union
17 representative for the Fraternal Order of Police,
18 FOP, during 2011, 2012, yes or no, are they
19 incorrect?
20 MR. PETER: I'm going to object on grounds
21 that the answer is prepared by Counsel, as
22 indicated. It is signed by Counsel, so to that
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1 extent -- to the extent the question potentially
2 seeks a legal conclusion.
3 With that said, if you understand the
4 question, you can answer.
5 A As courtesy, I spoke with him as a
6 recognized union representative. We don't have them
7 in Cheverly.
8 BY MR. CABANA:
9 Q So you're a non-union shop; is that what
10 you're saying?
11 A The union -- the FOP in relation to the
12 town of Cheverly, not Prince George's County, which
13 is where the confusion --
14 Q I understand that.
15 A I have no official relationship with them.
16 I encourage officers to use their legal plan all the
17 time. That's the only relationship I have to the
18 FOP. I have never had any discussions with the
19 hierarchy at FOP about anything. So I don't --
20 that's why I don't consider him an authorized union
21 representative. We don't have them.
22 Q So in early October, you did -- just so we
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1 understand each other --
2 A Okay.
3 Q You are admitting that in early October,
4 you had a conversation with Mr. Gizinski --
5 A Yeah.
6 Q -- about Officer Schmidt?
7 A About leave.
8 Q About a leave donation for Officer
9 Schmidt, correct?
10 MR. PETER: Object.
11 A That's correct.
12 THE WITNESS: I'm sorry.
13 MR. PETER: That's fine.
14 BY MR. CABANA:
15 Q And you're admitting that -- did
16 Mr. Gizinski at that meeting represent to you that
17 he was a Fraternal Order of Police representative?
18 A I don't recall if it was implied or he --
19 I don't know that he actually said that.
20 Q Okay. And at that meeting, you told
21 Mr. Gizinski that the town did not have a leave
22 sharing plan, correct?
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1 A That's correct.
2 Q And at that meeting -- I just want to make
3 sure I understand your testimony -- you explained
4 that unlike PG County, which, I guess, both of you
5 at one time worked for, correct?
6 A That's correct.
7 Q That PG had such a plan, but that the town
8 of Cheverly did not, correct?
9 A That's correct.
10 Q Okay. At that meeting, did you ever say,
11 and I quote, as FOP representative, I'm going to
12 give a heads up. Frank filed a Workers' Comp claim.
13 Frank is out of leave, so me and the town
14 administrator are going to terminate Frank?
15 A No.
16 Q Did you ever raise the issue of
17 termination with Mr. Gizinski regarding Frank?
18 A No.
19 Q Did you ever discuss -- just so I
20 understand, in August 2012, you terminated Frank
21 Schmidt, correct, for the first time?
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1 Q And then in January of 2015, you
2 terminated Frank Schmidt for a second time, correct?
4 You can answer.
5 BY MR. CABANA:
6 Q I'm just get trying to get a timeline
7 here.
8 A Yes.
9 Q Okay. Prior to August 2012, did you ever
10 discuss Frank Schmidt's termination or potential
11 termination with anybody?
12 A Yes.
13 Q Okay. Who did you discuss his termination
14 with?
15 A Lieutenant Frohlich and Sergeant McGuire.
16 Q I guess first turning to -- so you've
17 never raised the issue of termination with
18 Mr. Gizinski --
19 A No.
20 Q -- regarding Frank?
21 Did you ever raise the issue that -- I
22 guess we'll break this down.
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1 When you met with Mr. Gizinski in
2 October 2011 -- you did meet with Mr. Gizinski
3 regarding Frank in October of 2011, correct?
4 A Yes.
6 You can answer.
7 A Yes.
8 BY MR. CABANA:
9 Q Did he initiate the meeting, or did you
10 initiate the meeting?
11 A He did.
12 Q Okay. Did you at that meeting tell
13 Mr. Gizinski that Frank is out of leave?
14 A I don't recall that. The only
15 conversation we had was about the leave donation.
16 He approached me about making a donation. I don't
17 know that we went into any other facts of the case.
18 Q You said you had spoken regarding the
19 Workers' Comp with -- was it Jennifer Conlon?
20 A Yes.
21 Q Who, I gather -- is she a broker or with
22 the insurance company that does your Workers' Comp
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1 coverage?
2 A She is our claims representative for
3 Injured Workers Insurance Fund, which is now
4 Chesapeake something or other.
5 Q Okay. But at the time and even presently,
6 she was your claims representative for Workers'
7 Compensation claims?
8 A That's correct.
9 Q Okay. Did you speak with her before or
10 after you spoke with Officer Gizinski regarding
11 Frank's Workers' Compensation claim?
12 A I believe I spoke with her first.
13 Q And you had testified earlier -- and I
14 just want to make sure I got this right -- that when
15 you spoke with her, you told her to please process
16 the claim -- to speed up the process because you
17 were concerned that he was low on leave?
18 A Correct.
19 Q So at some point in either late September
20 or early October, you're aware that Frank Schmidt is
21 low on leave, correct?
22 A Correct.
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1 Q And when Mr. Gizinski comes to you and he
2 initiates a meeting regarding leave donation, at
3 that time, you're already aware that Frank is low on
4 leave, correct?
5 A Correct.
6 Q Okay. And then you inform Mr. Gizinski
7 that the town does not do leave donation?
8 A That's correct.
9 Q But you are contending you did not say at
10 that meeting that Frank is out of leave, correct?
11 A I don't believe we discussed leave as it
12 pertains to Schmidt, other than the leave donation
13 bank that Gizinski wanted to establish.
14 Q Did you discuss with Mr. Gizinski that
15 Frank had filed a Workers' Compensation claim?
16 A No.
17 Q But at that time, you were aware that
18 Frank had filed a Workers' Compensation claim,
19 correct?
20 A Yes.
21 Q Okay.
22 A I want to be clear on this. The time that
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1 I spoke with IWIF and the time that I spoke with
2 Gizinski, if I recall, were within a week of each
3 other. I'm not exactly sure which transpired first,
4 but from the best of my recollection, my
5 notification to Ms. Conlon came first.
6 Q And just so I understand, when you
7 notified Ms. Conlon, you did tell her that you
8 believed it was a pre-existing condition?
9 A That's correct.
10 Q Okay. Did you encourage Ms. Conlon
11 therefore to challenge his Workers' Compensation
12 claim?
13 A I have no say or influence at all over
14 what Workman's Compensation does. I presented the
15 facts to her as I knew them, as I do for many
16 injured workers cases unrelated to Mr. Schmidt.
17 Q How many injured workers cases have you
18 dealt with on the Cheverly Police Department that
19 you can recall?
20 A I would say probably in excess of 20,
21 maybe more than that. I'm not sure.
22 Q And how many times, if ever, other than
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1 with Mr. Schmidt have you told IWIF that it was your
2 belief that it was a pre-existing condition?
3 A I believe that's the first time.
4 Q So the other 19 -- give or take
5 approximately 19 times that somebody claimed they
6 were injured on the job, in each case, you took
7 their word for it and believed them that they were
8 injured on the job?
9 A No. I had accident reports and
10 commanders' logs and everything else to verify that.
11 And in most cases, their supervisor reported it to
12 me. I didn't talk to the individual people.
13 Q To the best of your recollection, on or
14 about September 29th when Officer Schmidt was
15 injured, were there any other officers present at
16 that function?
17 A Most of the police -- most of the
18 department was working that day.
19 Q You said that's a Cheverly Day? What's
20 that day called?
21 A That's our public safety day.
22 Q Public safety day.
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1 So virtually the whole police department
2 is out there?
3 A Correct.
4 Q Okay. Did any of these other officers
5 ever tell you that they believe Frank had been
6 injured that day while performing police work?
7 A Yes.
8 Q Who?
9 A Sergeant Lamb and Sergeant McGuire. This
10 was after public safety day, not that day. No one
11 told me that day he was injured.
12 Q How soon after did Sergeant Lamb and
13 Sergeant McGuire tell you?
14 A I think the next week.
15 Q But unlike in the previous 19 or so cases
16 where people were injured and then a supervisor told
17 you that they believed it was an on-the-job injury
18 and you then let the process go forward, in Frank's
19 case, you took it upon yourself to inform IWIF that
20 you believed it was a pre-existing condition?
22 You can answer.
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1 A As expressed to me from his supervisors.
2 I never spoke with Mrs. Schmidt to my knowledge.
3 Q Who told you it was pre-existing?
4 A Mrs. Schmidt had indicated in previous
5 conversations with other supervisors that he had
6 what was believed to be a hernia. And on the day of
7 the injury, he made the statement, "I believe I've
8 injured my hernia," which suggested to me it was
9 pre-existing, obviously.
10 Q But you weren't present for that
11 statement, correct?
12 A Yes, sir.
13 Q Who did he allegedly make that statement
14 to?
15 A Sergeant Lamb.
16 Q And did Sergeant Lamb put that in a
17 report, a written report?
18 A I believe so.
19 Q And has that report been provided to us?
20 A I have no idea.
21 MR. CABANA: Counsel, could you check into
22 that?
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1 MR. PETER: I don't recall seeing one. I
2 can double check. And if it there is one, it will
3 be produced. I just don't recall seeing it.
4 BY MR. CABANA:
5 Q Do you recall as you sit here today seeing
6 a written report regarding the injury?
7 A No. I recall him telling me.
8 Q This is Sergeant Lamb?
9 A Right. I assumed it was part of a report
10 someplace.
11 Q Is it police policy when there are
12 incidents or injuries to create a written report?
13 Is that standard operating procedure?
14 A The written report is the notification to
15 IWIF about the injury and the circumstances. We
16 fill out forms for IWIF.
17 Q Who would have been responsible to fill
18 out those forms?
19 A I believe Sergeant Lamb.
20 Q And in the other cases you've dealt with,
21 the other 19 or so cases, was Sergeant Lamb also the
22 person who filled out those forms in those cases?
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1 A Could have been. Could have been one of
2 the other two supervisors.
3 Q Which would have been during that relevant
4 time period? Is that sergeant McGuire and
5 Lieutenant Frohlich?
6 A Right, and even -- yes.
7 Q But in each time there's a Workers' Comp
8 case, it's your standard operating procedure that
9 there should be a form filled out by a supervisor?
10 A I have never done this. So I know we make
11 a telephone notification to them, and I believe
12 there is a report follow-up. But I've never made
13 the first report of injury call to IWIF, so I'm not
14 entirely familiar with how that works.
15 Q Okay. And in those other cases -- in this
16 case, Mr. Schmidt's case, you spoke with IWIF by
17 phone, correct, by telephone?
18 A Yes.
19 Q Did you send the person at IWIF any email
20 or any other communication regarding Mr. Schmidt,
21 you personally?
22 A No.
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1 Q Okay. In the other 19 cases, did you
2 speak with IWIF by phone regarding those cases?
3 A Many. I won't say all, but many.
4 Q Was that after the first -- you do not
5 have responsibility for the initial notification; is
6 that what you're testifying?
7 A Right.
8 Q Either Sergeant Lamb, Sergeant McGuire, or
9 Lieutenant Frohlich should take that role, correct?
10 A Correct.
11 Q Okay. When you speak with IWIF, is it you
12 initiating the call, or do they call you because
13 they have questions regarding the claim?
14 A Both.
15 Q But just so I understand it, in the case
16 of Mr. Schmidt, you initiated the call, correct?
17 A Correct.
18 Q Okay. And you assumed that there was some
19 type of written report or notification sent to IWIF,
20 but you have not -- you have no recollection of
21 seeing that report, correct?
22 A IWIF was familiar with the incident when I
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1 called them.
2 Q Okay. Just so I understand, you were the
3 person who notified IWIF that you believed it could
4 be a pre-existing condition, correct?
5 A Correct.
6 Q And that's the only time you've notified
7 IWIF of what you believe was a pre-existing
8 condition during your time as chief of police of
9 Cheverly?
10 A That's the only time I was ever advised of
11 that possibility.
12 Q Okay. So turning back to October of 2011,
13 to the best of your recollection, did anybody ever
14 advise Mr. Schmidt that he was out of leave and was
15 subject to losing his job because he was out of
16 leave during that time frame?
17 A He would have got the same notification of
18 every employee that -- of his continuing leave
19 balance. Every time he gets his paycheck, there is
20 a separate sheet indicating your current leave
21 balance.
22 Q And what happens if somebody runs out of
PLANET DEPOS
34
1 leave and has no more leave balance? What is the
2 procedure?
3 A Then I refer them or I take -- I go to the
4 town administrator for a decision on our action.
5 Q And the town administrator is
6 Mr. Warrington, correct?
7 A Correct.
8 Q Does the town have a standard policy on
9 how much leave without pay an employee is permitted
10 to take?
11 A I believe it's in the town code or the
12 personnel regulations.
13 Q And do you recall what those regulations
14 say regarding leave without pay or absences?
15 MR. PETER: Excuse me, Counsel. I'm just
16 going to object and note that he is not here today
17 as the corporate designee for the town. He is here
18 today as a third-party witness. He's appeared
19 voluntarily.
20 So to the extent that he can answer the
21 question, that is not the town's official statement
22 with regard to what its policy is.
PLANET DEPOS
35
1 You can answer the question.
2 A I don't know all the specific of that. I
3 know it's in the personnel manual, but I couldn't
4 quote you verbatim what the -- what the regulations
5 say.
6 BY MR. CABANA:
7 Q Is it your understanding that those
8 regulations if you miss sufficient amount of
9 unexcused time that you will be terminated? Is that
10 the ultimate penalty if somebody misses time without
11 being excused?
12 A I'm not certain because the town
13 administrator advises me on those subjects.
14 Q So when you have a question regarding if
15 somebody is out of leave and what actions to take,
16 you go to the town administrator?
17 A Correct.
18 Q And is that in every case?
19 A Yeah. The police department does not keep
20 official leave balances for its employees, other
21 than compensatory time.
22 Q During mid October 2011, were you ever
PLANET DEPOS
36
1 informed that Donna Schmidt was contacting various
2 agencies and the Mayor's office or town
3 administrator concerning you and your actions
4 towards Officer Schmidt?
6 You can answer.
7 A Yes.
8 BY MR. CABANA:
9 Q When did you become aware of that, and who
10 brought it to your attention?
11 A I'm not exactly sure the date. The Mayor
12 indicated to me that she was trying to set up a
13 meeting relevant to a personnel issue.
14 Q And this was in October of -- some point
15 in October of 2011?
16 A Yes.
17 Q What, if anything, did the Mayor tell you
18 about what she was -- what she had told him?
19 A Didn't tell me anything other than he --
20 she had made an inquiry and it was about a personnel
21 issue.
22 Q Did you give the Mayor any advice about
PLANET DEPOS
37
1 whether he should meet with her or not?
2 A I don't discuss personnel issues with the
3 Mayor.
4 Q Did you tell him that?
5 A No.
6 Q But the Mayor came to you, correct?
7 A The Mayor was, I believe, at the town
8 administrative offices when I was over there and
9 indicated to me that Mrs. Schmidt wanted to speak
10 with him in reference to a personnel matter.
11 Q And what did you say to him?
12 A I said, "I don't discuss personnel matters
13 with you."
14 Q So you did say that. That's what I'm
15 asking, okay. Was that all you said?
16 A Yes.
17 Q And why don't you discuss personnel issues
18 with the Mayor?
19 A The town code forbids me to speak about
20 personnel issues with -- in my case, the chain of
21 command in my particular organization would be
22 through the town administrator.
PLANET DEPOS
38
1 Q Did the town administrator then ever come
2 to you -- so the only person you're -- just so I
3 understand, by your understanding of the town code
4 and the personnel rules, the only person you're
5 supposed to discuss personnel issues with is the
6 town administrator, Mr. Warrington?
7 A Under the chain of command structure of
8 the town, my discussions are with the town
9 administrator who then talks to the Mayor --
10 directly to the Mayor and counsel.
11 Q Okay. So that being the case, did the
12 town administrator ever come to you at any time in
13 October 2011 to ask you if there were any personnel
14 issues regarding Mr. Schmidt?
15 A I'm not sure I understand that question.
16 Q Just so I understand the scenario -- well,
17 let just get an idea of -- is the police station and
18 the town administrator's office located near each
19 other? Are they connected, or are they in separate
20 buildings?
21 A They're in separate buildings, but right
22 next door to each other.
PLANET DEPOS
39
1 Q Okay. And just so I understand your
2 testimony, you were next door, then, in the town
3 administrator's building, correct?
4 A Correct.
5 Q And you happened to be in his office,
6 correct, or in the vicinity of his office?
7 A I believe it was in the main lobby of the
8 -- I mean the main part of the administrative
9 offices, not in the town administrator's office, but
10 in that same group of offices I saw him.
11 Q Got you. And was the town administrator
12 standing there also?
13 A I don't recall.
14 Q So it was just you and the Mayor?
16 BY MR. CABANA:
17 Q When the Mayor indicated to you that she
18 was trying to set up a meeting with him regarding a
19 personnel issue, was there anybody else present that
20 you can recall?
21 A No.
22 Q Okay. And then that's when you then told
PLANET DEPOS
40
1 the Mayor that I do not discuss -- I cannot
2 discuss -- was it "I cannot discuss" or "I do not
3 discuss"?
4 A I referred him to the town administrator.
5 Q Okay. And then subsequent to that, did
6 the town administrator ever come to you regarding
7 Mr. Schmidt to say I had a conversation with the
8 Mayor and he is asking me XYZ?
9 Did he ever come to you regarding this
10 personnel issue and to ask you what was going on in
11 October of 2011?
12 A I learned later on that he had a
13 discussion with him.
14 Q With the Mayor?
15 A With the Mayor, but I don't know the --
16 the complete basis of that.
17 Q Okay. So it is your understanding that
18 subsequent to your conversation with the Mayor when
19 you said -- when you informed him that you could not
20 discuss personnel issues with him, he then -- the
21 Mayor of the town had a discussion with
22 Mr. Warrington?
PLANET DEPOS
41
1 A To the best of my knowledge, that's
2 correct.
3 Q Right. And the content of that
4 discussion, it's your testimony that Mr. Warrington
5 has never brought to your attention, correct? What
6 was discussed at that meeting has never been relayed
7 to you?
8 A No. I know -- I know that they discussed
9 the issue. The specifics of that, I don't know.
10 Q Okay. And other than indicating that she
11 was trying to set up a meeting with him regarding a
12 personnel issue involving Officer Schmidt, did the
13 Mayor say anything else about what the specific
14 personnel issue was, or is that all he said?
15 A That's all he discussed with me.
16 Q Okay. Did you ever tell -- just to be
17 clear, did it ever come to your attention that
18 Officer Schmidt was requesting what he characterized
19 as FMLA leave, Family and Medical Leave active
20 leave? Was that ever brought to your attention?
21 MR. PETER: I'm going to object to this
22 question.
PLANET DEPOS
42
1 But you can answer.
2 A It was never specifically discussed. I
3 was aware that he had come to the town administrator
4 and referenced that after all this had transpired,
5 but I was not involved in any leave or Workman's
6 Compensation issues. Everything was handled by the
7 town administrator.
8 BY MR. CABANA:
9 Q Did you ever go to Lieutenant Frohlich
10 regarding Mrs. Schmidt and tell him to basically
11 tell her -- and the quote is, "Can you get his wife
12 to call off the dogs"? Did you ever make that
13 statement to Lieutenant Frohlich?
14 A No.
15 Q Regarding Donna Schmidt?
16 A No.
17 Q Did you ever tell anybody to contact Donna
18 and tell her to quote, unquote, call off the dogs?
19 A Other than the town administrator, I never
20 discussed any Workman's Compensation issue with
21 anybody.
22 MR. PETER: Chief, please make sure you
PLANET DEPOS
43
1 answer his question. Okay?
2 Can you read the question back, ma'am?
3 (The question was read back by the
4 reporter.)
5 A I never told anyone that.
6 MR. PETER: Thank you.
7 BY MR. CABANA:
8 Q So you admitted that at some point in
9 October -- was it in mid October that the Mayor and
10 you had this conversation? Would that be accurate,
11 mid October 2011?
12 A Possibly. I don't know the exact date.
13 Q But was it during the period when
14 Mr. Schmidt was out on leave? He was not back
15 working when you had this conversation with the
16 Mayor?
17 A I don't believe so.
18 Q Other than the Mayor coming to you
19 regarding Mr. Schmidt and that Donna Schmidt had
20 brought a personnel issue to his attention, did
21 anybody else ever inform you during the -- I will
22 open it up to, I guess, the fall of 2011 -- that
PLANET DEPOS
44
1 Mr. Schmidt or Donna Schmidt were making complaints
2 regarding you or your treatment of Mr. Schmidt?
3 A No. The only way I became aware of this
4 was when the Human Relations Commission forwarded a
5 complaint through the town administrator to me.
6 Q And when you say the Human Relations
7 Commission, is that the Prince George's County Human
8 Relations Commission?
9 A Yes, sir.
10 Q Okay. And when did you become aware of
11 that complaint?
12 A I believe it was sometime in November.
13 Can I revise that and say I'm not certain what that
14 date was.
15 Q Okay. Well, was it -- it wasn't last
16 week, correct?
17 A No.
18 Q Was it in 2011?
19 A I believe so. I just -- I'm not sure of
20 the date.
21 Q Did you ever see the complaint? Were you
22 shown the complaint?
PLANET DEPOS
45
1 A Yes.
2 Q If you would turn in -- there's three
3 notebooks in front of you. One of them is marked as
4 Plaintiff's Exhibits Volume I tabs 1 through 71. If
5 you would, open that notebook and turn to tab 41.
6 There's a document here in this tab that's
7 Bates labeled Schmidt 00302. For our purposes, we
8 will be referring to Schmidt 00302 to 00306.
9 A Right.
10 Q Okay. When you refer that sometime in the
11 fall of 2011 you were told that there was a
12 complaint filed with the PG Human Rights Commission,
13 is this the complaint that you're referring to?
14 A I believe so, yes.
15 Q Okay.
16 MR. PETER: Counsel, I don't mean to be
17 picky, but when you reference complaint, do you mean
18 the document not 302 to 303, but --
19 MR. CABANA: Actually, let's specify.
20 Correct.
22 MR. CABANA: Let's specify. We're
PLANET DEPOS
46
1 referring actually to document 00304 and 00305.
2 Actually, 306 is also -- actually, we're referring
3 to three pages of it. You are correct. I apologize.
5 BY MR. CABANA:
6 Q Where it says "charge of discrimination
7 Prince George's County Human Relations Commission,"
8 and it's actually -- the agency charge on here is
9 SG11-1109.
10 And so in the fall of 2011, this was
11 brought to your attention, correct?
12 A Correct.
13 Q And who brought this to your attention to
14 the best of your recollection?
15 A The town administrator.
16 Q That's Mr. Warrington, correct?
17 A Correct.
18 Q Okay. And where were you when this was
19 brought to your attention? Were you in his office,
20 your office; do you recall?
21 A His office.
22 Q Okay. So you went into his office, and he
PLANET DEPOS
47
1 showed you this document?
2 A Correct.
3 Q Okay. And if you turn to the page 00305
4 and 306, it appears to be dated at November 15th,
5 2011 and signed by Donna Schmidt. Do you see that?
6 A Yeah. I'd like to correct my statement,
7 though. I recall seeing 00304, but I don't recall
8 seeing 305 or 306.
9 Q So you're saying that all you recall
10 seeing is the first page?
12 Q Okay. Well, let's refer to that. I guess
13 the first issue is, does the police department or
14 the town ever have Christmas parties?
15 A Yes.
16 Q Okay. Do you recall where the town had
17 its Christmas party during 2009? Do you have any
18 recollection of that?
19 A I don't think we had one in 2009.
20 Q Okay. So the first sentence here is, "In
21 December 2009, I attended an event hosted by the
22 respondent."
PLANET DEPOS
48
1 Is it your recollection that there was no
2 event hosted by the -- the respondent being the town
3 of Cheverly Police Department. Is it your
4 recollection that in December of 2009, there were no
5 events hosted by the respondent?
6 A I believe the incident to which he
7 referred occurred in 2008, not 2009.
8 MR. PETER: Counsel, can we go off the
9 record for a second?
10 MR. CABANA: Sure.
11 (A discussion was held off the record.)
12 BY MR. CABANA:
13 Q Okay. Well, then let's turn back to -- if
14 we could, turn back to Exhibit 1. Leave that open
15 too because we're going to be going back and forth.
16 If we can turn to Exhibit 1, page 4, and
17 just the first part of that, paragraph 13, it says,
18 "In December 2008" -- well, let just first -- in
19 December of 2008, did the town have a Christmas
20 party that you recall?
21 A Yes.
22 Q And where was that Christmas party at?
PLANET DEPOS
49
1 A It was held at the American Legion.
2 Q And is that in Cheverly?
3 A Correct.
4 Q And Cheverly is located in Prince George's
5 County?
6 A Correct.
7 Q At that Christmas party, did you or did
8 you not become intoxicated?
9 A No.
10 Q Have you ever been intoxicated in your
11 life?
13 You can answer.
14 A Yes.
15 BY MR. CABANA:
16 Q Okay. Since you have been police chief,
17 have you ever been intoxicated?
18 MR. PETER: Objection. Counselor, I'm
19 going to let you go a little bit, but I don't
20 understand what the relevance is. So if you can
21 really try to move this along. I think your
22 questions are starting to border on sort of
PLANET DEPOS
50
1 harassing behavior as to what you're asking.
2 MR. CABANA: I'm not harassing.
3 MR. PETER: I'm just saying it might be
4 getting there if you're trying to ask him about what
5 his personal activities are and whether or not he
6 might get intoxicated from time to time. I don't
7 even know what the answer is, but --
8 MR. CABANA: Well, I'm not trying to --
9 MR. PETER: And I understand, and I'm
10 going to give you little leeway. But I really don't
11 want you to --
12 MR. CABANA: Well, you can't be telling
13 your client how to answer the question.
14 MR. PETER: I don't think I am. He can
15 leave if you want. But if you want him to leave --
16 MR. CABANA: I just want to ask -- there's
17 an allegation in here. I want to find out regarding
18 the allegation and regarding other allegations. And
19 that's, you know -- he's seen the complaint. He
20 knows what these allegations are. None of this is a
21 surprise to him.
22 MR. PETER: Can you step out for a moment,
PLANET DEPOS
51
1 Chief?
2 THE WITNESS: Sure.
3 (The witness exits the room.)
4 MR. PETER: I'm not trying to start an
5 argument.
6 MR. CABANA: And I'm not trying to start
7 an argument. Here's the thing, if the chief -- I
8 don't know either. That's why we're here. If the
9 chief answers, "I don't the drink, I haven't had a
10 drink in 35 years" --
11 MR. PETER: Well, you haven't asked him
12 that question. You asked him if he's ever been --
13 ask him the question. Ask him the question if he
14 does drink, which I guess --
15 MR. CABANA: Well, I'm asking him -- so we
16 know he's been intoxicated in his life. So now we
17 want to get down to during his time as police chief.
18 MR. PETER: Has he ever been intoxicated.
19 And then do you go down the road of saying, "Well,
20 how many times have you been intoxicated? When have
21 you been intoxicated? Who have you been intoxicated
22 with?"
PLANET DEPOS
52
1 None of that is particularly relevant. So
2 I'm really just wondering how far you plan on going
3 down the road with this. The issue is whether he
4 was intoxicated in December of 2008. All right?
5 I think it can start to border on
6 harassment when you start to ask somebody about
7 whether he drinks or things like that. Those are
8 personal matters that have nothing to do with this
9 case. This has to do with what happened --
10 MR. CABANA: Well, it does have to do with
11 it in that if he's a non-drinker, obviously --
12 MR. PETER: Then you ask him the question,
13 "Are you a drinker?" You're --
14 MR. CABANA: You've seen the affidavits,
15 where people are alleging things.
16 MR. PETER: And he knows that, and he
17 knows that the allegation coming in was that he was
18 drunk on that night. And your questions are, well,
19 have you been drunk at all since 2008?
20 If you want to know about his drinking
21 habits, why don't you just please start with, "Do
22 you drink?" And then we can ask some questions from
PLANET DEPOS
53
1 there, and not ask, "Well, have you been intoxicated
2 since you were the chief?"
3 If you want to know if he drinks, start
4 with that question and then go from there.
5 MR. CABANA: Well, I mean, obviously, if
6 he's been intoxicated, that would answer the
7 question that he drinks, wouldn't it?
8 MR. PETER: Sure it would, but my concern
9 is we're going to spend the next half hour asking
10 the chief of police of Cheverly what his drinking
11 habits are in general versus what his drinking
12 pattern was on one particular night. All right?
13 And I don't see how what his drinking
14 patterns since he has been chief of police has any
15 bearing whatsoever. All right?
16 As I said, I'm willing to let you ask some
17 of the questions. But, again, I don't want to go
18 off on a half-hour tangent, you know, asking him any
19 time he's been intoxicated over eight years and who
20 was there and all of those things.
21 So, you know, I will note my objections.
22 I'll let him answer. But if it gets too far and I
PLANET DEPOS
54
1 think it goes too far down the line, I may just seek
2 to cut it off. Okay? And I just want to let you
3 know in advance.
4 MR. CABANA: Well, that's fine. That's
5 your right.
6 MR. PETER: Certainly, whatever happened
7 on December 2008, that's fair game. Ask him what
8 the heck he drank if he says he drank.
9 (The witness enters the room.)
10 BY MR. CABANA:
11 Q We're back on the record. In
12 December 2008, just so I understand, you've
13 testified there was a party -- I guess some type of
14 a holiday -- was this a holiday party for the police
15 department?
16 A That's the appropriate term, yeah.
17 Q And this was at the American Legion in
18 Cheverly?
19 A Correct.
20 Q Okay. And you were present at that. Were
21 all the officers present to your recollection or
22 most of the officers?
PLANET DEPOS
55
1 A Most of them.
2 Q Do you recall if Officer Schmidt was
3 present?
4 A Yes.
5 Q Do you recall if at the time you had a
6 Sergeant James Cathcart? Do you recall that
7 gentleman?
8 A Yes.
9 Q Was he present at that party?
10 A I believe so.
11 Q Do you know if Lieutenant Frohlich was
12 present at the party?
13 A Yes.
14 Q Were spouses invited to the party?
15 A Yes.
16 Q Do you recall if Donna Schmidt was present
17 at the party?
18 A Yes.
19 Q Does the American Legion Hall have a pool
20 table and an area to play pool?
21 A Yes.
22 Q Okay. Were you frequenting that area of
PLANET DEPOS
56
1 the American Legion during the party?
2 A No.
3 Q Where were you during the party?
4 A They have a main bar area, a bathroom --
5 set of bathrooms, and then a room devoted to the
6 pool table.
7 Q And so is it your testimony that you
8 stayed at the main bar area?
9 A On two occasions, I passed through the
10 pool room to smoke a cigar with Lieutenant Frohlich
11 outside. That's where the designated smoking area
12 was.
13 Q And just to be clear, were alcoholic
14 beverages served at this event?
15 A Yes.
16 Q Did you have any alcoholic beverages?
17 A Yes.
18 Q What, if anything, do you recall drinking
19 at the event?
20 A Beer and then soda.
21 Q Was it draft beer or bottled beer?
22 A Bottled beer.
PLANET DEPOS
57
1 Q Do you have a specific brand that you
2 prefer, that you requested, or do you --
3 A No, not that I recall.
4 Q You drank how many bottles of beer, if you
5 recall?
6 A Over the entire night, about three or four
7 before I switched to soda.
8 Q How long was the night?
9 A About three hours maybe.
10 Q Okay. And I assume, did everybody drive
11 to get there?
12 A Yes.
13 Q And then everybody drove home?
15 You can answer.
16 BY MR. CABANA:
17 Q To the best of your knowledge.
18 A I'm assuming that's how they got there.
19 Q Just so I'm clear, you've testified that
20 you had three or four bottles of beer over three or
21 four hours and were not intoxicated, correct?
22 A Correct.
PLANET DEPOS
58
1 Q Did you see anybody at the event who was
2 intoxicated?
3 A One person, and the name escapes me right
4 at this moment.
5 Q Was that person a police officer or a
6 civilian?
7 A A police officer.
8 Q And just to be clear, but it was not the
9 plaintiff in this case, Mr. Schmidt?
10 A No.
11 Q Okay. And it wasn't any of the people --
12 so people we've mentioned so far are Mr. Cathcart;
13 it was not him, correct?
14 A No, it was not.
15 Q Lieutenant Frohlich?
16 A No.
17 Q Officer Gizinski?
18 A It was Lieutenant Frohlich's nephew.
19 Q Okay.
20 A I apologize, I can't think of his name
21 right this moment.
22 Q And is he on your police force?
PLANET DEPOS
59
1 A He was at that time.
2 Q He's no longer employed on your force,
3 correct?
4 A No, he took another police job.
5 Q Got you. And other than that one person,
6 no one else at the event got what you would believe
7 was intoxicated, correct?
8 A Not that I recall.
9 Q Now, you're a police officer. You've had
10 training in spotting intoxication, correct?
11 A Correct.
12 Q As part of your police training. And I
13 assume -- and stop me if I'm wrong -- you've been
14 involved in DWI and DUI prosecutions, et cetera?
15 A Yes.
16 Q So if other people were intoxicated, you
17 would be able to spot them, or you would have at
18 least a basis to suspect?
19 A I believe so.
20 Q Okay. Turning back to that night and
21 turning back to, I guess, the -- we can start with
22 the complaint. We'll stick with the complaint. Did
PLANET DEPOS
60
1 you ever at any point -- you stated that you walked
2 through the pool room area once or twice; is that
3 correct?
4 A Yes.
5 Q Did you ever observe Donna Schmidt to be
6 in the pool room area?
7 A I don't recall who was in the pool room
8 area.
9 Q Were people in the pool room area playing
10 pool?
11 A I believe so. I don't know about playing
12 pool because people ate in there as well.
13 Q Okay. But people were in that area of the
14 American Legion?
15 A Correct.
16 Q But other than passing through, you were
17 not in that area?
18 A Correct.
19 Q Turning to paragraph 13, it says -- you
20 denied intoxication, but then the next part of that
21 is, "Chief Robshaw shoved a pool cue under the skirt
22 of Mrs. Schmidt so that it touched her sexually and
PLANET DEPOS
61
1 caused her to jump and walk away."
2 So I guess my first question is, did you
3 ever pick up a pool cue at the party?
4 A No.
5 Q And so if Mrs. Schmidt says that, I gather
6 your testimony would be she's lying, correct?
7 A That's correct.
8 Q Are you aware that, I guess, former
9 employees of the police department have filed
10 affidavits in this matter?
11 A Yes.
12 Q Have you seen any of those affidavits?
13 A Some of them, parts of some of them.
14 Q Okay. If you look at paragraph 14 -- so
15 just so I understand your testimony -- well, let me
16 just ask you, did you have any conversation or
17 encounter with Mrs. Schmidt at that Christmas party?
18 A I recall one conversation my wife and I
19 had with her, and I believe it was right after we
20 had -- everyone had opened gag gifts, and we were
21 talking about the substance of those gifts.
22 Q And what was the gag gifts that people
PLANET DEPOS
62
1 gave out; do you recall?
2 A They were raunchy, if I recall correctly,
3 but I don't remember any -- I don't recall what the
4 specific substance of them was. I don't --
5 Q So there was a gag gift exchange, correct?
6 A Yes.
7 Q And so different people went out and
8 purchased raunchy gifts?
9 A No. It was -- it was an eclectic group of
10 gag gifts is the best way that I can describe it.
11 Q But some of these gifts you recall as
12 being raunchy?
13 A Correct.
14 Q Would that be something of a sexual
15 nature?
16 A I don't recall exactly what they were. My
17 sense is that's what it was.
18 Q Did you buy any gag gifts for this event?
19 A Yes.
20 Q What did you purchase, if you can recall?
21 A I don't recall. My wife bought them. I
22 don't know what they were.
PLANET DEPOS
63
1 Q Did your wife also buy something that you
2 would consider raunchy?
3 A No.
4 Q But other people did?
5 A I recall there -- I treat -- I call them
6 gag gifts. They weren't -- they were less practical
7 than other gifts that you can get.
8 Q And what made them raunchy, if you recall?
9 A Just the -- I don't -- I can't recall
10 the -- a specific example that I can give you, but
11 that was my sense, that some of them were as part of
12 the joke in that fashion, T-shirts or something that
13 said something. I don't -- I don't recall what they
14 were.
15 Q But comments that were somewhat
16 inappropriate you thought?
17 A Said in a joking manner, not directed to
18 any individual person.
19 Q Did you ever during that party -- it says
20 here in 14, "Chief Robshaw made crude comments
21 regarding his carnal designs on Mrs. Schmidt to
22 James Cathcart."
PLANET DEPOS
64
1 Well, first thing, did you ever talk to
2 Mr. Cathcart at the party?
3 A I may have. I don't know specifically.
4 Q Okay. You did at the party, you've
5 testified, smoke a cigar with Lieutenant Frohlich,
6 your second in command?
7 A Correct.
8 Q But you don't recall any conversation with
9 Sergeant Cathcart?
10 A No specific conversation. I'm sure I
11 talked with everybody there.
12 Q Okay. But you did not make -- we could
13 turn back, I guess, to the charge. It might be
14 easier. Turning back to tab 41 in your book because
15 I think it's more detailed, I just want to make
16 sure.
17 I just want to be clear. Did you say to
18 any of your co-workers regarding Donna Schmidt, "I
19 want to put her up on the pool table and fuck the
20 shit out of her?"
21 A Absolutely not.
22 Q Have you ever made a comment like that to
PLANET DEPOS
65
1 any of your co-workers regarding any female?
2 A No.
3 Q So if you could turn in the next tab, tab
4 42 in the same book, it's a document headlined
5 "Affidavit of Earl Stone."
6 A Right.
7 Q And it's Bates labeled Schmidt 000321.
8 A Mm-hmm.
9 Q And it actually goes on to 000324.
10 A Okay.
11 Q Okay. And if you look at paragraph No. 5,
12 it says virtually the same thing.
13 "While I was playing darts with Officer
14 Gizinski" -- did you observe at the party whether
15 Mr. Stone -- was there a dart board at the Legion
16 Hall?
17 MR. PETER: Objection. You said paragraph
18 5?
19 Q Paragraph 4, solely.
20 But just in general, do you recall if
21 there's a dart board at the American Legion Hall?
22 A Yes.
PLANET DEPOS
66
1 Q Okay. There is a dart balance. So at
2 least we can agree on something.
4 BY MR. CABANA:
5 Q Did you see any of officers playing darts
6 at the party?
7 A Yes.
8 Q And then Officer Stone -- former Officer
9 Stone goes on to say, "I overheard the chief talking
10 about Officer Frank Schmidt's wife, Donna, 'She
11 rocks a set. I want to throw Schmidt's wife up on
12 the pool table and fuck the shit out of her.'"
13 And just so I understand, it's your
14 testimony that that never happened?
16 Q And so if Officer Stone testifies to that,
17 he would be lying, correct?
19 Q Okay. If you could turn to tab 45, this
20 is a document affidavit of Edmund Gizinski.
21 For many years, was Officer Gizinski an
22 officer on your force?
PLANET DEPOS
67
1 A Yes.
2 Q Okay. And if you look at paragraph 6 --
3 A Right.
4 Q -- and it says, "In December 2008, Chief
5 Robshaw became intoxicated at a Christmas party.
6 While I was playing darts, I overheard the chief
7 saying regarding Officer Frank Schmidt's wife,
8 Donna, 'I want to throw Schmidt's wife up on the
9 pool table and fuck the shit out of her.'"
10 An I guess the same question, if Office
11 Gizinski was to testify to this in a court of law,
12 would it be your contention that he is perjuring
13 himself?
14 A I would contend that he's lying, yes.
15 Q You would contend that he's lying?
17 Q Okay. You had testified -- let me just be
18 sure -- that at one point, you employed a Sergeant
19 Cathcart, correct?
20 A Correct.
21 Q And is he still -- he has left the police
22 department, correct?
PLANET DEPOS
68
1 A Correct.
2 Q Do you understand that he's still employed
3 by another police department as a police officer?
4 Do you have any knowledge of where he went after he
5 left your force?
6 A I know where he went after he left the
7 force. I don't know where he's at now.
8 Q Okay. Where was your understanding he
9 went after he left your force?
10 A New Carrollton.
11 Q To be a police officer still, correct?
12 A Correct. I spoke to the chief on his
13 behalf.
14 Q Okay. You gave him a recommendation?
15 A Correct.
16 Q Okay. If Officer Cathcart testified that
17 you turned to him and said, "I want to bend her over
18 the pool table and fuck the hell out of her," same
19 question, would it be your contention that he's
20 lying?
22 Q And I guess my question -- well, my
PLANET DEPOS
69
1 question is, you gave Mr. Cathcart a recommendation
2 so that he could get a job with another police
3 force, correct?
4 A Yes.
5 Q Do you know any reason he would have
6 animosity towards you to testify to such a thing?
7 A Yes.
9 You can answer.
10 BY MR. CABANA:
11 Q What is his reason for having animosity?
13 You can answer.
14 MR. CABANA: I don't understand what your
15 objection is.
16 MR. PETER: You're calling for
17 speculation.
18 MR. CABANA: Well, I'm asking his
19 knowledge.
20 BY MR. CABANA:
21 Q What, if any, reason do you believe he has
22 animosity toward you?
PLANET DEPOS
70
1 A Statements that his wife has made to me on
2 Facebook, plus conversations I've had with the chief
3 of New Carrollton relevant to other misconduct
4 perpetrated by Sergeant -- Mr. Cathcart.
5 Q And I guess it's -- his wife, is she a
6 Facebook friend of yours or was a Facebook friend of
7 yours?
8 A Was.
9 Q Okay. And what, if anything, did she say
10 to you on Facebook that you --
11 A I have seen her in person because we live
12 in the same county.
13 Q Right.
14 A And her Facebook response indicating she
15 was dissatisfied that I didn't do enough to protect
16 his image as a police officer in light of the fact
17 that he was forced to leave the Cheverly Police
18 Department.
19 Q Hold on now. I'm contused. You gave him
20 a recommendation to go to New Carrollton?
21 A Correct.
22 Q But you are also testifying that he was
PLANET DEPOS
71
1 forced to leave the police department?
2 A Yes.
4 THE WITNESS: I'm sorry.
5 BY MR. CABANA:
6 Q Okay. Was the person who forced him to
7 leave the police department you?
8 A That was a decision -- he resigned pending
9 disciplinary action, but that decision was his.
10 Q Was he issued a duress statement?
11 A I don't think we ever got to that degree.
12 Q But it's your contention he was involved
13 in some misconduct, correct?
14 A Yes.
15 Q But it's also your contention that you
16 called on his behalf to New Carrollton and gave him
17 a recommendation?
18 A I felt that he up to that point in time
19 had been a good officer. He just made a stupid
20 mistake, and I indicated to the chief of New
21 Carrollton the substance of the investigation and
22 thought that he'd probably do a good job at New
PLANET DEPOS
72
1 Carrollton.
2 Q And then he subsequently got a job at New
3 Carrollton?
4 A On his own volition, correct.
5 Q Okay. You mentioned the word "Facebook"
6 and Officer Cathcart's wife.
7 Just focusing on Facebook, what, if any,
8 communication regarding you on Facebook have you
9 seen that you consider hostile or makes you believe
10 he has animosity towards you?
11 A Her allegation to me was that I ruined his
12 career by not supporting him enough during this
13 disciplinary phase and accepting his resignation.
14 Q And she said that to you on Facebook?
15 A Yes.
16 Q Did you save that, or have you deleted
17 this?
18 A I don't know if I still have it or not.
19 Q When was this? What's the time frame that
20 she made this --
21 A It was within the next year later.
22 Q When did he leave; do you recall?
PLANET DEPOS
73
1 A I'd have to look at his personnel file. I
2 don't remember the exact date.
3 Q Okay.
4 A It was sometime after he actually
5 physically left the department, though.
6 Q Okay. So on Facebook, did she send this
7 message directly to you, or did she just post this
8 on her Facebook wall for the whole world to see; do
9 you recall?
10 A I saw her at a restaurant.
11 Q No, but just focusing on the Facebook part
12 --
13 A I'm going to explain that. I saw her at a
14 restaurant. And some half an hour after I saw her
15 at that restaurant, she sent me a Facebook message.
16 Q Which you considered hostile?
18 BY MR. CABANA:
19 Q Well, the Facebook post that you received
20 that you ruined his career by not -- by accepting
21 his resignation, that was the substance of it? And
22 not supporting him during the investigation?
PLANET DEPOS
74
1 A Yes.
2 Q Okay. And this was subsequent to his
3 resignation and accepting a position in New
4 Carrollton?
5 A Correct.
6 Q Has he ever said anything to you other
7 than obviously -- has he ever said anything -- have
8 you had any contact with Officer Cathcart since he
9 went to New Carrollton?
10 A No.
11 Q And he has not contacted you through
12 Facebook?
13 A No.
14 Q Or any electronic media?
15 A No.
16 Q So you've mentioned you have a Facebook
17 account. Do you use email? How do you contact
18 people? Do you use text messages?
19 A I don't use Facebook. My wife brought it
20 to my attention. I mean, I have an account, but I
21 can't remember the last time I was on Facebook.
22 Q You have a Facebook account. Did your
PLANET DEPOS
75
1 wife establish that for you?
2 A I believe so. Probably did. I don't
3 know.
4 Q Okay. And so when this post was placed
5 up, your wife brought it to your attention?
6 A Yes.
7 Q So your wife saw it also?
8 A Correct.
9 Q Other than that post, have you had any
10 other contact with the Cathcarts, both of them?
11 A I saw her right after he left, and we had
12 a brief conversation in a Walmart in Prince
13 Frederick. But other than those two occasions, I
14 don't recall having any other conversations with
15 her.
16 BY MR. CABANA:
17 Q During that conversation in the Walmart in
18 Prince Frederick, did she say anything to you?
19 A She brought up the reason for his
20 resignation.
22 (A recess was taken.)
PLANET DEPOS
76
1 BY MR. CABANA:
2 Q Did you ever employ an Officer Tollison?
3 A Yes.
4 Q And did he work with the police force from
5 about July 2006 until his resignation in September
6 of 2011?
7 A I believe that's the time span.
8 Q Okay. Did he voluntarily leave the police
9 department or was he fired?
10 A Well, I'm not a lawyer, but I would say on
11 advice of his lawyer in my presence, they thought it
12 best to resign rather than to be charged.
13 Q So were you -- was he issued a duress
14 statement?
15 A I didn't conduct the investigation. I
16 don't -- I don't -- I believe he did. I believe he
17 did.
18 Q And when was this? Well, I guess the
19 first question is, who conducted the investigation?
20 A I don't recall. A supervisor there. I'm
21 not sure which one.
22 Q A supervisor at Cheverly?
PLANET DEPOS
77
1 A Right.
2 Q So this was an Internal Affairs type
3 investigation?
4 A Yes.
5 Q And you assigned it to one of your
6 supervisors?
7 A Correct.
8 Q And that would be either Sergeant Lamb,
9 Sergeant McGuire or --
10 A I'm not sure --
11 Q Lieutenant Frohlich?
12 A Sergeant Towers was -- I'm not sure he was
13 there at that time or not.
14 Q So you have a Sergeant Towers?
15 A Right. He replaced Sergeant McGuire when
16 he went on to a different job.
17 Q Got you. And so then he resigned in lieu
18 of being terminated or in lieu of being brought up
19 on charges?
20 A It was an agreement worked out with
21 attorneys.
22 Q But were you present?
PLANET DEPOS
78
1 A Yes. He -- his attorney offered a
2 resignation letter that admitted to the wrong doing,
3 and we accepted that.
4 Q And I assume that the town had attorneys.
5 Was this your decision, or did you have attorneys
6 present when you were --
7 A Our attorney talked with his -- you know,
8 attorneys talked.
9 Q Got you.
10 A I mean, I was aware, though, of the
11 context of the conversation.
12 Q But you were present at the actual
13 resignation?
14 A Correct.
15 Q I guess, then, your context would be -- do
16 you understand that Mr. Tollison has given a
17 statement in this case?
18 A I'm not sure of the complete statement. I
19 know he has given one.
20 Q Okay. One of the things he contends is --
21 in his statement he says, "Several times Chief
22 Robshaw made statements during staff meetings that
PLANET DEPOS
79
1 clearly contained the message that he would punish
2 anyone who attempted to exercise their rights under
3 LEOBR.
4 Did you ever make statements during staff
5 meetings regarding officers' LEOBR rights?
6 A Yes.
7 Q What statements did you make during
8 meetings?
9 A My continuing message to everyone is use
10 the FOP legal plan and make sure that you are
11 represented by an attorney. I've said that years
12 and years. I'm a member -- a lifetime member of the
13 FOP.
14 Q So you never belittled the FOP to the
15 officers?
16 A Let's separate the FOP from the FOP legal
17 plan. I think the FOP legal plan is a must.
18 Q Okay. So regarding the actual FOP -- I'll
19 just ask it.
20 Did you ever say, "Fuck the FOP" to your
21 officers?
22 A No.
PLANET DEPOS
80
1 Q So have you seen in statements in this
2 case that people are quoting you as saying that?
3 A Yes.
4 Q Are you aware of that? Okay.
5 And so all of those people, again, it's
6 your contention they're all lying?
7 A That's correct.
8 Q And I will quote. In Tollison's
9 statement, he says that -- he quotes you.
10 "Chief Robshaw told members of the police
11 department, 'Fuck the FOP. Fuck your lawyers. I
12 will stack the trial board and make sure you are
13 fired and never work again.'"
14 A That's an absolute lie.
15 Q Okay. And your contention would be he's
16 making that lie because you forced him to resign
17 from the police department?
18 A Well, there is animosity because of that,
19 that's correct.
20 Q Okay.
21 A Let's also -- I didn't force him to
22 resign. That's a mischaracterization on your part.
PLANET DEPOS
81
1 Q Okay. You were present while he resigned?
2 A He chose to resign, that's correct.
3 Q And turning back to tab 42 in the book
4 that's in front of you, Officer Earl Stone was an
5 officer with your force for several years, correct?
6 A That's correct.
7 Q Has he been fired from the force?
8 A Yes.
9 Q When was he fired, roughly, the month and
10 year?
11 A I think it became in -- the trial board, I
12 believe, was in February. I think the decision came
13 out in March of this year.
14 Q That's March of 2015?
15 A Right.
16 Q Okay. And so if you turn to the last page
17 of this statement, Schmidt 00324 --
18 A Right.
19 Q Well, first thing, do you recognize
20 Mr. Stone -- have you ever seen Mr. Stone sign a
21 document? Do you recognize his signature?
22 A I'm sure I have seen reports he's signed.
PLANET DEPOS
82
1 Q Do you have any reason to contend that
2 that's not his signature at the bottom there? Do
3 you have any evidence that that's not his signature?
4 A No.
5 Q Okay. This document is dated
6 November 26th, 2013.
7 A Okay.
8 Q So subsequent to this document, he was
9 brought -- it's your testimony he was brought up on
10 a trial board and has since been terminated,
11 correct?
12 A Correct.
13 Q But at the time he signed this document,
14 are you aware of any charges in November of 2013
15 that were pending against Mr. Stone?
16 A I'm not certain. I don't know when the
17 date of those two investigations going on primarily
18 at the same time. I don't know when they started.
19 Q Okay. If you turn one page -- well, let's
20 see. Well, let's go through this document.
21 You've already denied -- paragraph 4 we've
22 gone over.
PLANET DEPOS
83
1 A On what page?
2 Q On page 00321, the first page. I just
3 want to go through this one and just make sure we --
4 A Okay. Paragraph 4?
5 Q You've denied that that happened, correct?
6 A That's correct.
7 Q Paragraph 5, he says, "From 2008 until
8 2011, when Officer Schmidt would leave the station,
9 Chief Robshaw often made crude comments regarding
10 his sexual desire for Mrs. Schmidt. Chief Robshaw
11 would often say regarding Schmidt's wife, 'I want to
12 fuck the shit out of her.'"
13 Did that ever happen?
14 A No.
15 Q Did you ever make crude comments about any
16 women in the presence of your officers?
17 A I don't recall at this time, no.
18 Q Okay. So you denied paragraph 5.
19 Paragraph 6, "At some point in August or
20 September 2010, I told Officer Schmidt about Chief
21 Robshaw's comment" -- well, no. I'm sorry.
22 A Where are you at? I'm not sure.
PLANET DEPOS
84
1 Q I'm on the second page. Let's skip that.
2 Okay.
3 Turning to paragraph 7, "The next time
4 Chief Robshaw made sexual comments about fucking
5 Donna, I told him, 'You better watch out. Officer
6 Schmidt found out what happened at the Christmas
7 party.' Chief Robshaw laughed and replied, 'Fuck
8 him.'"
9 Is it your contention that conversation in
10 paragraph 7 never happened?
11 A That's correct. It never happened.
12 Q Okay. Paragraph 8, "Chief Robshaw
13 routinely made statements during staff meetings
14 between 2008 and 2011 that clearly conveyed the
15 message that he would punish anyone who attempted to
16 exercise their rights to report unfair treatment or
17 unlawful practices by him or the department."
18 Did you ever make any statement during a
19 staff meeting regarding what would happen if you
20 reported yourself or anybody in the department for
21 misconduct?
22 A No.
PLANET DEPOS
85
1 Q So your only statements at staff meetings
2 was that everybody should use the FOP legal plan and
3 make sure they are also represented by an attorney
4 regarding investigations; is that --
5 A We talked about hundreds of things at
6 staff meetings.
7 Q But never talked about that they better
8 not make any report -- any unfair treatment or
9 unlawful practices by you?
10 A That's absolutely -- never said that.
11 Q Okay. So we have Earl Stone saying this.
12 We have -- and we'll get to it. I just want to make
13 sure.
14 You said you have a force of about total
15 20 officers?
16 A No. It's 20 including civilian personnel.
17 Q Okay. How many officers?
18 A I think we are -- our strength is supposed
19 to be 16. I think we actually have less than that,
20 though. There's two positions frozen, I believe.
21 Q So you have about 14 officers?
22 A Correct, if we are fully staffed.
PLANET DEPOS
86
1 Q Okay. And during the time when
2 Mr. Schmidt was employed by you, did you have about
3 the same level of staffing?
4 A I believe so.
5 Q And out of those 14 officers who worked
6 there during the time when Mr. Schmidt worked
7 there -- just so we get the numbers right, Earl
8 Stone is making accusations against you, which you
9 contend are false, correct?
10 A Correct.
11 Q Mr. Tollison, who worked with Mr. Schmidt,
12 is making what you contend are false accusations,
13 correct?
14 A Correct.
15 Q Mr. Gizinski is an officer who worked
16 there, and you're contenting he's making false
17 accusations, correct?
18 A Correct.
19 Q Okay. Obviously, Mr. Schmidt is making
20 the accusations that are in this complaint. You're
21 contending those are all false accusations, correct?
22 A I haven't heard any accusations.
PLANET DEPOS
87
1 Q From Mr. Schmidt?
2 A You mean in his --
3 Q You've seen the complaint, correct?
4 A Right.
5 Q You're not admitting the allegations in
6 the complaint?
7 A No.
8 Q Okay. So you're contending that the
9 allegations against you by Mr. Schmidt in the
10 complaint are false?
11 A Correct.
12 Q Okay. And then recently, it's my
13 understanding that Mr. Frohlich, who was your former
14 lieutenant, has filed an EEO charge against the
15 police department. Are you aware of that?
16 A Yes.
17 Q Okay. And is it your contention that any
18 allegations by Mr. Frohlich are false?
19 MR. PETER: Counsel, please excuse me.
20 Allegations in his charge of discrimination or
21 allegations relating to Mr. Schmidt?
22 MR. CABANA: Well, I guess just
PLANET DEPOS
88
1 allegations in his EEO charge.
2 BY MR. CABANA:
3 Q I just want to get the number of
4 officers that are -- Mr. Frohlich is complaining
5 about the department, correct, and his treatment by
6 the department?
7 A Correct.
8 Q Okay. And then you're saying Mr. Cathcart
9 has made statements against you, which we went over
10 and we'll go back and revisit that?
11 A Correct.
12 Q These are all now at this stage former
13 officers, but at the time -- when this statement was
14 made by Mr. Stone, he was a current officer,
15 correct, in November of 2013?
16 A Correct.
17 Q Okay. Six out of about 14 or 15 officers
18 have made allegations against you and the police
19 department. Are you aware of that?
20 A Yes.
21 Q And so it's your contention that they're
22 all lying and you're telling the truth?
PLANET DEPOS
89
1 A Absolutely.
2 Q So you say you have staff meetings with
3 the officers, correct?
4 A Correct.
5 Q And you didn't make these statements
6 about, you know, "Fuck the FOP," et cetera, correct?
7 A Correct.
8 Q Who else would have been present -- other
9 than the six officers I listed, who else would have
10 been present at these staff meetings?
11 MR. PETER: During what time period?
12 BY MR. CABANA:
13 Q During the time period of Mr. Schmidt's
14 employment.
15 A Eight other officers probably.
16 Q Do you recall who those officers -- are
17 all of those officers still employed by the police
18 department?
19 A No. Others have gone on to other jobs.
20 Some are still there. I'd have to sit down and
21 analyze who was there and who wasn't. I don't know
22 off the top of my head.
PLANET DEPOS
90
1 Q Was Sergeant Lamb there at the time?
2 A Yes.
3 Q And was he typically present at these
4 meetings?
5 A Yes.
6 Q Okay. And you said there's a Sergeant
7 Towers.
8 Did Sergeant Towers work there while
9 Mr. Schmidt worked there?
10 A Yes.
11 Q If you were having a staff meeting if
12 Sergeant Towers was working that day, would you have
13 invited him into the staff meeting?
14 A Yes. Everyone on the department --
15 Q Every officer?
16 A It was mandatory to be there.
17 Q Okay. You said there was at one point a
18 Sergeant McGuire?
19 A Correct.
20 Q He's since moved on?
21 A Yes.
22 Q Did he resign or did he -- was he forced
PLANET DEPOS
91
1 out, or did he leave voluntarily?
2 A He resigned and took another job at
3 another location.
4 Q And just to be clear, you've talked about
5 people resigning like Mr. Cathcart and Tollison, who
6 resigned under the recommendation of Counsel.
7 Mr. McGuire, when he resigned, was there
8 any allegations against him that prompted his
9 resignation?
10 A No.
11 Q It was just a resignation so he could go
12 to a different department or a different career?
13 A Correct.
14 Q Do you know where he is?
15 A He did work for the District Court in -- I
16 believe it's Saint Mary's County, but I don't
17 believe he works there anymore.
18 Q Okay.
19 A And that's hearsay. I just heard that. I
20 don't know for sure.
21 Q When he left, did you give him a
22 recommendation? Did anybody ask for it?
PLANET DEPOS
92
1 A Nobody ever asked for one. I think he
2 already had that job lined up.
3 Q And did you request his resignation?
4 A No.
5 Q Okay. And there were no lawyers present?
6 It was not like -- it was not like the situation
7 that you're testifying to as to Mr. Tollison --
8 A Correct.
9 Q -- where it was a resignation in lieu of
10 being brought up on some type of administrative
11 charges, correct?
12 A Tollison was brought up on administrative
13 charges.
14 Q Okay. And then as to Cathcart, it's your
15 testimony that there was no -- your understanding is
16 there was no charges, but there was an
17 investigation?
18 A The investigation had started and revealed
19 facts that suggested he -- and witnesses that
20 suggested that he had done something wrong. He was
21 aware of that and chose to resign rather than have
22 the investigation continue.
PLANET DEPOS
93
2 BY MR. CABANA:
3 Q Okay. So there's about 14 officers.
4 Sergeant Towers, Sergeant Lamb, for a period of time
5 Sergeant McGuire.
6 Any other officers you can recall that are
7 still with the department that would have been there
8 when --
9 A Corporal Webb.
10 Q Corporal Webb?
11 A Webb, W-E-B-B.
12 Q Does he have a first name?
13 A Francis.
14 Q And anybody else that you can recall that
15 was there when Frank was employed by the department?
16 A Corporal Bernard Jones.
17 Q Okay.
18 A PFC -- that were there during the time
19 Frank was a member of the department?
20 Q Yes, yes. Obviously, if they're there
21 now, they would have no knowledge.
22 A PFC Economes, Officer Blazer, Officer
PLANET DEPOS
94
1 Hargrove. I know I'm probably missing somebody.
2 Q Okay. But that's the ones you can recall
3 off the top of your head, along with the officers I
4 listed?
5 A Yeah. There are other officers, Officer
6 Green, for example, who has gone on to Maryland
7 Park.
8 Q Okay.
9 A Two other officers who have gone on to
10 Maryland park. I'm not sure relevant to the time
11 period when all these people were there at one time,
12 but they would have been there at some time during
13 the time --
14 Q The time that Frank --
15 A -- Mr. Schmidt was there.
16 Q Okay. Just so I understand, it would be
17 your expectation that if we brought, you know, an
18 Officer Jones in or Lamb or Towers or one of these
19 other officers, that they refute -- that they were
20 in the same meetings and would refute these
21 allegations by these gentlemen?
22 A I never said what those -- I never said
PLANET DEPOS
95
1 what they allege that I said, so I'm assuming they
2 would come to the same conclusion.
3 Q Okay. Turning back to Officer Stones
4 affidavit, which is Schmidt 000322 --
5 A Okay.
6 Q -- if we could look at paragraph 9, "Chief
7 Robshaw stated that he is the one who appoints the
8 trial boards. And even if you managed to win at the
9 trial boards, he would make sure that the officers
10 who challenged him would never work again."
11 I guess first turning to the first part,
12 under the LEOBR, isn't it a fact that you get to
13 appoint the trial boards?
14 A Part of the trial board.
15 Q You get to appoint two out of the three
16 members, correct?
17 A Right, and then the officer --
18 Q Gets to choose the third panel member?
19 A Right, from a group of names.
20 Q Of approved people, okay.
21 So the first part of that is -- well, to
22 some extent -- to the extent you get to appoint two
PLANET DEPOS
96
1 out of the three officers who sit on a trial board,
2 that's true?
3 A Correct.
5 BY MR. CABANA:
6 Q Okay. Now, turning to the second part,
7 did you ever state that even if somebody managed to
8 win at the trial boards, you would make sure that
9 that officer who challenged him would never work
10 again?
11 A Never.
12 Q Did you ever say, "I will stack the trial
13 board and I will terminate you"?
14 A Never.
15 Q And so if any of these individuals -- if
16 the people -- I guess it's corporal. Is it Corporal
17 Stone?
18 Well, anyway, if former Officer Stone,
19 Tollison, Gizinski, if Officer Schmidt, if former
20 Lieutenant Frohlich or Cathcart, if any of these
21 people testify that you said that, they're lying,
22 correct?
PLANET DEPOS
97
1 A They're lying.
2 Q Okay. Just want to make sure.
3 Did you ever tell anybody that if they
4 challenged you, "I will make sure you never do
5 police work again"?
6 A No.
7 Q Looking at paragraph 11, "On more than one
8 occasion, chief Robshaw threatened to fire any
9 officer who ever made an internal or external
10 complaint against him or the department. Chief
11 Robshaw told his subordinates regarding
12 complaints" -- and, again --
14 BY MR. CABANA:
15 Q "Chief Robshaw told his subordinates
16 regarding complaints" -- now, this is in quotes --
17 "Fuck the FOP. Fuck your attorneys. If you
18 challenge me, I will win. I will stack the trial
19 board and fire you."
20 Did you ever say that to Mr. Stone?
21 A No, I never did.
22 Q Did you ever say anything remotely like
PLANET DEPOS
98
1 that to anyone in your life?
3 Q Did you ever tell any subordinate that if
4 they complained, "I will make sure you never do
5 police work again"?
6 A I never did.
7 Q Now, if you could turn the page to
8 paragraph 14, again, this is Officer Stone's sworn
9 statement.
10 Paragraph 14, "In early October 2011, I
11 heard that the chief of police was going to fire
12 Officer Schmidt for making a Workers' Compensation
13 claim."
14 Did you ever make a statement to anyone
15 that you were going to fire Officer Schmidt for
16 making a Workers' Compensation claim?
18 Q But you believed his Workers' Compensation
19 claim was a pre-existing condition, correct?
20 A Correct.
21 Q If an officer made a false Workers'
22 Compensation claim, would you fire them?
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2 You can answer.
3 A You mean if they made -- that's making a
4 false statement. I don't know about claim. I don't
5 get involved in those things.
6 BY MR. CABANA:
7 Q So did you believe when Officer Schmidt
8 said he was injured on the job that he was making a
9 false statement, that he was lying?
10 A That's not what you asked me.
11 Q I'm asking you that now.
12 A Can you --
13 Q Did you believe in the fall of 2011 that
14 when Officer Schmidt said he was injured on the job
15 that he was lying?
16 A No. I don't -- I don't believe he was
17 lying. I believe that's what he said, yes.
18 Q Okay. So you believe he believed he was
19 injured on the job?
20 A Well, he had indicated otherwise that he
21 had a pre-existing -- pre-existing injury. He said
22 he hurt himself that day. I don't doubt that he
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1 hurt himself that day. I don't think that's ever
2 been a question.
3 Q So just to be clear, you weren't trying to
4 fire Mr. Schmidt because you believed he would have
5 made a fraudulent or false Workers' Compensation
6 claim?
7 A No. I believe he had a pre-existing
8 injury, that he injured himself that day, even
9 though he chose not to tell anybody or tell -- I sat
10 right next to him later in the night. He never said
11 anything to me. I believe he injured himself that
12 way.
13 But I have a duty to my employer to notify
14 IWIF that this may have been a pre-existing injury
15 that was not related to duty and also that this was
16 not a case that we could allow to sit around and
17 languish that sometimes happens with Workman's Comp.
18 cases because of his low leave balance. That's all
19 I said to Ms. Conlon relevant to this case.
20 Q And other than that conversation with Ms.
21 Conlon, did you have any other conversations with
22 anybody regarding Officer Schmidt's workers'
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101
1 compensation claim?
2 A No.
3 Q So after you made that conversation, who,
4 if anybody, at the department was the, I guess,
5 liaison with IWIF regarding his Workers'
6 Compensation claim?
7 A Now, I had -- I talked with Ms. Conlon,
8 but the decision making relevant to Workman's
9 Compensation leave and all those issues was made by
10 the town administrative staff, not the police
11 department.
12 Q Would that be the person in charge of that
13 Mr. Warrington?
15 Q So it's your testimony you passed off on
16 any decisions regarding the Workers' Compensation
17 claim to the town administrator?
18 A I don't make decisions relative to that.
19 Q Did you make any recommendations regarding
20 his Workers' Compensation claim to anyone?
21 A No.
22 Q So you had the first conversation, which
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102
1 you've testified to earlier, with -- is it Conlon,
2 Jennifer Conlon?
3 A Conlon, C-O-N-L-O-N.
4 Q Okay. And she at the time was with IWIF,
5 and you've testified it's now, I believe,
6 Chesapeake. But at that time, it was IWIF?
7 A Correct.
8 Q And you had that initial conversation
9 where you informed her that you believed it was a
10 pre-existing condition.
11 But then regarding the investigation of
12 whether it was actually was a pre-existing condition
13 or whether it actually was a compensable injury
14 versus a non-compensable injury, did you have any
15 more input to her regarding the matter after that?
16 A No.
17 Q So you had the one conversation with her,
18 and then all further conversations you passed off to
19 the town administrator; is that your testimony?
21 Q Okay. Turning to the same statement,
22 Officer Stone's statement, look at paragraph 16.
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1 "It is my understanding that someone
2 informed the chief that Donna was calling various
3 agencies asking them to investigate Chief Robshaw's
4 discriminatory and retaliatory behavior."
5 And you've testified the only recollection
6 you have -- maybe I'm wrong, but let me make sure I
7 get this. The Mayor came to you sometime in October
8 and briefly said that he had been approached
9 regarding a meeting regarding Donna -- by Donna to
10 have a meeting regarding a personnel injury
11 involving Mr. Schmidt, correct?
12 A Correct.
13 Q And you then -- you then also spoke with
14 the town administrator and was shown the document
15 that is marked -- under tab 41 that is marked as
16 Schmidt 00304. It's in the previous tab. Turn back
17 to tab 41. I just want to make sure we get this.
18 And you've testified that that was something that
19 was brought to your attention, you believe, sometime
20 in the fall. And you've testified you only saw that
21 first page, correct?
22 A I do not recall any other --
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104
1 Q The second page. But you did see this
2 first page?
3 A Yes, I did.
4 Q That was brought to your attention by
5 Mr. Warrington, correct?
6 A Correct.
7 Q Okay. Just want to make sure.
8 Other than those two allegations that were
9 brought to your attention, were any other
10 allegations brought to your attention back in
11 October or November of 2011?
13 You can answer.
14 A I'm not even sure. I don't what you're
15 talking -- referring to.
16 BY MR. CABANA:
17 Q Okay. I'm referring to in paragraph 16,
18 office Stone says, "It is my understanding that
19 someone informed the chief that Donna was calling
20 various agencies asking them to investigate Chief
21 Robshaw's discriminatory and retaliatory behavior."
22 And my question to you is, other than that
PLANET DEPOS
105
1 the Mayor came to you and said he had been contacted
2 on Mr. Schmidt's behalf by Donna and other than the
3 document under tab 41, document Schmidt 00304, were
4 you informed by anyone back in the fall of 2011 that
5 either Frank Schmidt or Donna Schmidt were
6 contacting any other agencies?
7 A No.
8 Q So those are the only two. The Mayor had
9 a conversation with you where you said I cannot --
10 and I don't want to misquote you -- but I cannot
11 discuss personnel issues with you?
12 A Correct.
13 Q And then Mr. Warrington came to you
14 regarding these allegations?
15 A Correct.
16 Q Okay. The second part, now turning to
17 paragraph 16 again, "During mid October 2011, I
18 heard the chief yelling loudly regarding Donna, 'She
19 wants my ass on a platter.'"
20 After either the Mayor approached you or
21 after you saw the document that's labeled as 00304,
22 did you ever make a statement regarding Donna that,
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106
1 "She wants my ass on a platter"?
2 A No.
3 Q Okay. Turning back to document 00304,
4 when you saw that document, what, if anything, was
5 your reaction?
6 A I was disappointed and dismayed that
7 someone would make these kind of allegations against
8 me. Never in my career have I had anything like
9 that.
10 Q Have you ever had any allegations -- how
11 long have you been a police officer?
12 A Forty years.
13 Q And what is your educational background?
14 Do you have a degree in law enforcement, or what is
15 your --
16 A I have a bachelor's degree in social
17 science, and I'm in the master's program at the
18 University of Maryland.
19 Q And I assume you went through the police
20 academy many years ago.
21 A Many years ago.
22 Q Okay. Has anybody ever made any
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107
1 allegations against you during your career?
3 You can answer.
4 A I don't understand the -- I mean, claim
5 that I said something or --
6 BY MR. CABANA:
7 Q Claim that you engaged in some type of
8 misconduct or some type of action unbecoming of an
9 officer.
10 A Yes.
11 Q And who, if anybody, that you recall?
12 A Supervisors, departmental accidents. I
13 was investigated for changing my hours when I was a
14 narcotics officer without permission. And I was
15 investigated for -- I'm not exactly sure what they
16 termed it, but it was my involvement in a missing
17 person's case. The subject of that investigation,
18 who it had been reported knew where the missing
19 person was, alleged that he was not allowed to leave
20 our presence during a certain time period.
21 Q Okay. Turning to paragraph 17, did there
22 come -- well, first question, did there come a time
PLANET DEPOS
108
1 when you learned that not only had Donna filed a
2 charge of discrimination against you, but that Frank
3 Schmidt himself had filed a charge?
4 A Yes.
5 Q When was that?
6 A I don't know exact date. Sometime
7 subsequent to that -- the first notification from
8 Mrs. Schmidt.
9 Q Would that have been in either late
10 November or early December of 2011? Does that sound
11 right?
12 A It would have been in that time period.
13 I'm not exactly sure of a date.
14 Q Okay. Would it have been before
15 Mr. Schmidt returned from his medical leave?
16 A I'm not certain.
17 Q Did you ever say to Lieutenant Frohlich
18 regarding Officer Schmidt, "Find some way to get rid
19 of that mother fucker"?
20 A No.
21 Q Did you ever say to Officer Stone, "I just
22 don't like that mother fucker" regarding Officer
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109
1 Schmidt?
2 A No.
3 Q Turning to paragraph 18, "A few days later
4 Officer Schmidt returned to work on December 5th,
5 2011."
6 Does that refresh your recollection -- is
7 that the date that you recall Officer Schmidt
8 returning to work at the police department?
9 A I'll accept that. I'm not sure, but it's
10 somewhere in that time frame.
11 Q Let me see if I can find the document that
12 establishes it just so we don't have any questions.
13 MR. PETER: Can we just stay off the
14 record a second?
16 BY MR. CABANA:
17 Q Is it your understanding that Mr. Schmidt
18 was required to take a fitness for duty when he
19 returned to work in December of 2011?
20 A Yes.
21 Q Okay. If you would turn in the book
22 marked Defendant's Document Production Volume 2,
PLANET DEPOS
110
1 it's going to be that one (indicating) -- if you can
2 turn to tab 7, and tell me when you get to tab 7.
3 A All right.
4 Q And basically somewhat halfway through tab
5 7, Defendant's Document 673, it says "Schmidt v.
6 Cheverly Defendant's 673."
7 Everything in this book, this big book,
8 starts with --
9 MR. PETER: The numbers are right down
10 there, Chief.
11 BY MR. CABANA:
12 Q Very small.
13 A Oh, okay. Sorry.
14 Q And this book runs from 467 -- Defendant's
15 467 to Defendant's 785, which is the last document
16 produced.
17 A Okay. I see it.
18 Q Well, first thing, do you understand that
19 not only did Mr. Schmidt produce documents in this
20 case, but that the town has produced documents?
21 A Yes.
22 Q Do you understand that these documents in
PLANET DEPOS
111
1 these two volumes are documents produced by the
2 town's attorneys on its behalf?
3 A Okay.
4 Q Okay. Does this document refresh your
5 recollection that on December 5th, 2011, Mr. Schmidt
6 returned to work from his injury?
7 A Yes.
8 Q Okay. So turning back to the first
9 book -- and we're on page -- again, the same tab,
10 tab 42, 00323.
11 And it says there, "Within minutes of his
12 return to work, the department issues him a duress
13 statement."
14 Do you recall that, that on December 5th,
15 2011, Mr. Schmidt was issued a duress statement by
16 the department?
17 A Yes.
18 Q And are duress statements something that
19 are ordered by you?
20 A Not -- not usually. It's the
21 investigator. And this is --
22 Q But when you do an internal investigation
PLANET DEPOS
112
1 --
2 A He was ordered back to work. That was his
3 ten-day notification to obtain a attorney.
4 Q Right. But a duress statement is the --
5 stop me if I'm wrong. The duress statement is the
6 first step in notifying somebody that they're being
7 investigated.
8 A No. A duress statement is a statement
9 taken by an investigator from a respondent. This is
10 a notification of the investigation and the
11 respondent's right to an attorney under the LEOBR,
12 Law Enforcement Officers Bill of Rights.
13 Q And just so we're clear, any time in this
14 deposition when somebody refers to LEOBR, it's the
15 Law Enforcement Officers Bill of Rights, correct?
16 A Right. That's Maryland law.
17 Q Do you have any reason to doubt that on
18 December 5th, 2005 Mr. Schmidt was notified that he
19 was under investigation?
20 A No.
21 Q Okay. Can you turn to tab 37? Turn back
22 to tab 37, and if you'd turn to Schmidt 00294.
PLANET DEPOS
113
1 A Okay.
2 Q I have been referring to this as a duress
3 statement. That's what it says up top, Cheverly
4 Police Department duress statement.
5 And I guess your contention is the actual
6 duress statement is when Mr. Schmidt has to come in
7 and actually testify to the allegations?
8 A Yes. This is a notification of a pending
9 investigation and of his right to seek the
10 assistance of an attorney.
11 Q Okay. But just to make sure, as we
12 established earlier, on December 5th, 2011,
13 Mr. Schmidt was sent out for a fitness for duty
14 physical and returned to work, correct?
15 A Correct.
16 Q And then when he returned to work -- I
17 would assume it's subsequent to the physical, but I
18 guess theoretically it could have been prior to the
19 physical. But on the same day, he was issued this
20 document, which is titled "Duress Statement," but
21 it's actually, I guess, notification that he's going
22 to be given a duress statement, informing him that
PLANET DEPOS
114
1 he is under investigation.
2 A Correct.
3 Q Okay. This is the first document that
4 formally notifies Mr. Schmidt that he is now under
5 investigation by the Cheverly Police Department?
6 A I don't know any conversations he might
7 have had --
8 Q I'm saying document. This is the first
9 document that informs him?
10 A I'll finish my statement. I don't know of
11 any conversations or documents that were generated
12 by the supervisor prior to this. This is the first
13 notifying him that the department is investigating
14 him for whatever the particular thing is and that he
15 is entitled to an attorney under the LEOBR. So
16 that's the first step in a process.
17 Q Right. And back to my question. You say
18 you don't know of any other documents.
19 Do you understand that during this case,
20 Plaintiffs' counsel has requested from defense
21 counsel all documents relative to this claim?
22 A Right. Yes.
PLANET DEPOS
115
1 Q Did you instruct your staff and your
2 fellow officers that if they had any documents
3 relevant to Mr. Schmidt's claim that they should
4 turn them over to your counsel?
5 A Yes.
6 Q So if there is a document that predates
7 this, would you have expected it to have been turned
8 over?
9 A Yes.
10 Q And are you aware of any document that
11 predates this December 5th document that informs
12 Mr. Schmidt that there is an investigation of him?
13 A No.
14 Q Okay. So just to be clear, when he
15 returns from his injury on December 5th, he is given
16 a pre-return to duty physical. And then either
17 prior to that physical or subsequent to that
18 physical, he's informed that he's now under
19 investigation under the -- has rights under the
20 LEOBR?
22 Q And just to be clear because it says --
PLANET DEPOS
116
1 well, in the first major paragraph there, at the end
2 it says, "Any refusal to give a statement and
3 answers the questions relating to the performance of
4 official duties or fitness for duty office will
5 subject you to departmental charges, could result in
6 your dismissal from the police department," correct?
7 So when he's informed of this, if you look
8 at this, he's being informed that failure to
9 cooperate in this investigation will lead to his
10 dismissal, correct?
11 A No.
12 Q He doesn't have to did cooperate?
13 A He's saying this document states that you
14 have to give a statement, a duress statement. And
15 if you fail to do so, that could result in
16 additional disciplinary action.
17 Q And it says "could result in your
18 dismissal from the police department," up to and
19 including?
20 A Right.
21 Q Okay. So this is notifying him that this
22 is a serious matter?
PLANET DEPOS
117
1 A This is a standard form that goes out if
2 you're tardy to work.
3 Q You give out duress statements if someone
4 is tardy for work?
5 A We take a duress statement in any
6 disciplinary investigation.
7 Q So how many of these do you hand out a
8 year?
9 A Not very many. We don't investigate very
10 many complaints against our officers.
11 Q So if an officer is tardy for work, you
12 initiate an investigation?
13 A If that officer --
14 Q You just said this goes out if somebody is
15 tardy for work. I would imagine nobody it is tardy
16 for work every year.
17 A If charges are going to be brought against
18 an officer, then they give a duress statement,
19 regardless of whether it's a minor violation or a
20 major violation.
21 Q So by December 5th, 2011, the department
22 has decided that charges are going to be brought
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118
1 against Mr. Schmidt?
2 A No. We're investigating an accident.
3 There's no -- how can you decide what the charges
4 are if you don't know what the investigation
5 reveals?
6 Q And then in the second paragraph, it says
7 here, "The chief of police, H. Robshaw, is the
8 officer in charge of the investigation."
9 A Correct.
10 Q And is that true?
11 A I'm in charge of every investigation
12 ultimately, even though I don't participate in them.
13 Q So turning back to document 42, page 3 of
14 that document, Schmidt 00323 --
15 A Right.
16 Q -- it says, paragraph 18, "A few days
17 later Officer Schmidt returned to work on
18 December 5th, 2011."
19 We've established that is true.
20 A Okay.
21 Q "Within minutes of his return to work, the
22 department issued him a duress statement."
PLANET DEPOS
119
1 As to the second part, is it your
2 testimony that it's true that on December 5th, 2011
3 when he returned to work, the department issued him
4 a duress statement?
5 A Sometime that morning, yeah. I'm assuming
6 he did. Right.
7 Q Okay. Starting at the end of that page
8 and going onto the next page, 00324, "A duress
9 statement is the first step which starts an
10 investigation of a police officer under the LEOBR."
11 A Correct.
12 Q Is that true? That's correct?
14 Q Okay. Then it says, "December 5, 2011 is
15 the first time that I heard that Officer Schmidt was
16 under investigation."
17 Prior to December 5th, 2011, who, if
18 anybody, did you inform that Mr. Schmidt was going
19 to be investigated? Did you inform anybody that he
20 was going to be investigated prior to December 5th,
21 2011?
22 A I think by that time, we had contacted
PLANET DEPOS
120
1 Lieutenant Roskie from Hyattsville City to conduct
2 the investigation, somewhere close to that time
3 period.
4 Q Anybody else did you tell?
5 A Supervisors on the department.
6 Q Which would be who back then?
7 A Sergeant McGuire and Sergeant Lamb.
8 Q Would you have told Lieutenant Frohlich?
9 A Yes.
10 Q Would you have told anybody else at the
11 department?
12 A No, because other people already were
13 aware of it, and Public Works was already aware of
14 it. So the Public Works director --
15 Q But would you have contacted anybody?
16 A No.
17 Q Okay. How did you contact Lieutenant
18 Roskie?
19 A I didn't.
20 Q Who contacted him?
21 A Lieutenant Frohlich.
22 Q Do you know how he contacted him? Was it
PLANET DEPOS
121
1 by email? Did he call him? Do you have any idea?
2 A I don't know.
3 Q Did you inform Sergeant Lamb that there
4 was an investigation?
5 A Me or the lieutenant did.
6 Q Well, I'm asking just you personally. Did
7 you personally ever discuss the investigation with
8 Sergeant Lamb at that time back in December of 2011?
9 A I don't recall whether I did or not.
10 Q Did you personally ever discuss the
11 investigation with Sergeant McGuire back in
12 December 2011?
13 A Yes.
14 Q Okay. Did you personally ever discuss the
15 investigation with Lieutenant Frohlich back in
16 December 2011?
17 A Yes.
18 Q And then you said somebody else contacted
19 Lieutenant Roskie of the Hyattsville Police
20 Department?
21 A Not somebody else. Lieutenant Frohlich
22 contacted him.
PLANET DEPOS
122
1 Q Lieutenant Frohlich.
2 Well, first, back in December of 2011, did
3 you ever talk to Lieutenant Roskie about the
4 investigation back in December 2011?
5 A Just -- I gave him a letter saying that he
6 was -- he could act on behalf of the department and
7 instructed people he talked to that he was given
8 permission by the chief of police to conduct his
9 investigation.
10 Q And how did -- did you personally give him
11 that letter, or did you mail it to him? How did you
12 --
13 A No. He was in the office. I typed up the
14 letter and discussed it with him, giving him
15 authority to interview people and conduct an
16 investigation.
17 Q Turning back to document 42, page Schmidt
18 00324, it then says, "The investigation initially
19 alleged that Officer Schmidt had a hit-and-run
20 accident."
21 Is that your understanding of what the
22 investigation was initially about?
PLANET DEPOS
123
1 A Yes.
2 Q Isn't it a fact that it was ultimately
3 found by the trial board that there was no
4 hit-and-run accident?
5 A No.
7 You can answer.
8 BY MR. CABANA:
9 Q Was Schmidt found guilty of being involved
10 in a hit-and-run accident?
11 A He was found guilty of being involved in
12 an accident and failed to report that. I guess that
13 amounts to a hit and run, right?
14 Q Okay. Well, we'll get to what the
15 findings are in a little bit.
16 A Okay.
17 Q And then Mr. Stone then says, "I strongly
18 believe the chief instituted the investigation in
19 retaliation for Officer Schmidt's complaints
20 regarding human rights, Workers' Compensation, and
21 FMLA rights."
22 Why did you institute the -- when you
PLANET DEPOS
124
1 instituted the investigation, you knew that
2 Mrs. Schmidt and Officer Schmidt had complained
3 about you regarding human rights, correct? You were
4 aware of that?
5 Prior to December 5th, 2005, you were
6 aware that both Officer Schmidt and Donna Schmidt
7 had filed charges with the Prince George's Human
8 Rights Commission, correct?
9 A Yes, yes.
10 Q Okay. Isn't it a fact you instituted this
11 investigation in retaliation for Mr. Schmidt's --
12 A Absolutely not.
13 Q Turning paragraph 20 -- and it says,
14 "Before December 5th, 2011, Officer Schmidt was
15 never accused of misconduct or failure to perform a
16 duty."
17 Are you aware of any misconduct or failure
18 to perform his duties prior to the December 5th,
19 2011 charge against Mr. Schmidt?
20 A I would have to consult his personnel
21 file.
22 Q If you could turn to Defendant's documents
PLANET DEPOS
125
1 volume 1, if you could turn to tab 3 in that
2 document, and then if you turn back in there to
3 document Defendant's 240. Do you see that document?
4 A Yes.
5 Q Is that your signature, H. Robshaw 1601?
6 A Yes.
7 Q And is 1601 your police number, or what is
8 that number?
9 A My ID number.
10 Q Each officer is issued an ID number,
11 correct?
12 A Correct.
13 Q And is that your handwriting the date
14 there, 12/30/11? Is that your writing --
15 A Yes.
16 Q -- at the bottom of the page?
17 A Yes.
18 Q Okay. Would you sign this document
19 without reading it?
20 A No.
21 Q And it says there -- this is dated
22 12/30/2011, and it says there, "Has employee work
PLANET DEPOS
126
1 been reporter in a commendatory way?"
2 You answer and checked it "yes."
3 "Has employees work been reported
4 adversely?"
5 The answer checked there is "no." Do you
6 see that?
7 A Right.
8 Q "Has employee received any disciplinary
9 action."
10 The document checks "no."
11 "Has employee received any commendation."
12 And it also checks "no."
13 So as of December 30th, 2011, does that
14 refresh your recollection that did Mr. Schmidt has
15 not been reported for any disciplinary action?
16 A No.
17 Q That does not refresh your --
18 A No.
19 Q But that is your signature, correct?
21 Q Would you sign a false document?
22 A No, I wouldn't.
PLANET DEPOS
127
1 Q So is this document true?
2 A This document evaluation by this
3 supervisor says --
4 Q Signed by you?
5 A Acknowledging. Now, I didn't issue this.
6 I acknowledged it.
7 Q That is your signature, correct?
8 A That's correct.
9 Q Do you read documents before you sign
10 them?
11 A Yes.
12 Q The document says, "Has employee received
13 any disciplinary action?"
14 And as of December 30th, 2011, you are
15 saying no, correct?
16 A I am not saying no. Sergeant McGuire is
17 saying no.
18 Q And you're signing off on it?
19 A Acknowledging that he said no. That's
20 what I'm signing for.
21 Q So Sergeant McGuire could just lie and
22 make stuff up and you're still going to sign it?
PLANET DEPOS
128
1 A No. I mean, another supervisor could very
2 well -- I don't know if any disciplinary action was
3 taken against Schmidt at this time is the reason I
4 am not sure of it. I don't know that. And I'm not
5 going to proffer that he didn't do anything unless I
6 could review his personnel file and was assured he
7 didn't. That's the only thing I'm saying.
8 Q But would you knowingly sign a false
9 document? If you knew for a fact that he was -- you
10 mentioned earlier Tollison and Cathcart had
11 disciplinary issues, correct?
12 A Yes.
13 Q And then subsequently resigned, correct?
14 A Correct.
15 Q If a document had been slid in front of
16 you that said, "Has employee received any
17 disciplinary action?" And somebody had checked "no"
18 for those two individuals, would you have signed it
19 at the time of their resignation?
20 A No.
21 Q You would not have signed it? So as of
22 December 30th, 2011, did you have any knowledge of
PLANET DEPOS
129
1 any disciplinary action against Mr. Schmidt?
2 A I am saying no, I did not. But doesn't
3 mean it doesn't exist. I don't want you to hold me
4 to a standard I don't know.
5 Q But you wouldn't -- but if you had
6 known --
7 A Well, exactly. If I had known, no, I
8 wouldn't have signed that.
9 Q But you did know on December 5th, 2011
10 he's issued a duress statement that he's under
11 investigation, correct?
12 A Correct.
13 Q And 25 days later, you sign this document
14 saying that there's no disciplinary action, correct?
15 A That no disciplinary action had been taken
16 because this was an open case. I don't --
17 Q But, "Has employees work been reported
18 adversely?" If somebody is reported for an
19 investigation, do you consider that adverse?
20 A I don't -- no, I don't conclude that any
21 officer did anything wrong until an investigation
22 proves that.
PLANET DEPOS
130
1 Q But you're the one -- if you had said that
2 there was to be no -- you're the chief of police,
3 correct?
4 A Correct.
5 Q If somebody had come to you and said We
6 need to investigate -- did somebody come to you and
7 say, "We need to investigate Officer Schmidt"?
8 A Yes.
9 Q Who?
10 A Sergeant McGuire. You mean brought the
11 fact that there was departmental accident to my
12 attention?
13 Q When did he come to you?
14 A The first time I was aware of it was at
15 public safety day.
16 Q So at public safety day, did he put it in
17 writing, or did he just verbally tell you?
18 A No, he told me that he was preparing to
19 investigate an accident. As a matter of fact, I
20 believe he said he had a conversation with Schmidt
21 relevant to a departmental accident, and he was
22 preparing to investigate that further that day, I
PLANET DEPOS
131
1 believe, of the public safety day.
2 Q Did Sergeant McGuire ever present you any
3 document in writing regarding what needed to be
4 investigated?
5 A Ultimately, yes. But the document --
6 well, I'm not going to pretend that I know exactly
7 what the question is. Please, could you ask it?
8 Q Okay. I will clarify. Prior to the
9 December 5th, 2011 duress statement, are you aware
10 of Officer McGuire presenting you with any document
11 saying we need to investigate Schmidt and here is
12 why or any document saying we need to investigate
13 Schmidt?
14 A No document. He verbally told me about
15 it.
16 Q And then you had -- and then the first
17 document is the duress statement, which is tab 37,
18 the documents that the investigation started?
19 A Correct.
20 Q You have no document that you're aware of
21 prior to December 5th, 2011 saying Mr. Schmidt is
22 under investigation, correct?
PLANET DEPOS
132
1 A No. I have a verbal conversation with
2 Sergeant McGuire.
3 Q Okay. And between September 29th, 2011
4 and December 5th, 2011, he puts nothing in writing
5 to you that you're aware of?
6 A No.
7 Q When you do an investigation, aren't you
8 supposed to -- is there a standard form that you're
9 supposed to fill out for investigations?
10 A A report of investigation.
11 Q Any kind of investigation. Do you have
12 forms that you hand out to your officers for them to
13 write out their investigations on?
14 A Report of investigation.
15 Q Okay. There is a report of investigation.
16 Did Officer McGuire ever prepare a report
17 of investigation that you're aware of?
18 A No.
19 Q Why not?
20 A Because it was -- the case was assigned to
21 Lieutenant Roskie.
22 Q And was it assigned to Lieutenant Roskie
PLANET DEPOS
133
1 before or after the December 5th duress statement?
2 A After. Not a duress statement. The
3 notification of his LEOBR right.
4 Q I apologize for calling it a duress
5 statement.
6 A Okay. I just -- we're talking about the
7 same document. I just want to be sure.
8 Q The document at the top -- and the reason
9 I've been calling it a duress statement is that's
10 what it says.
11 A Okay.
12 Q It says it's addressed to him. It's
13 actually a notification that you're going to be
14 giving a duress statement?
16 Q But it's document Schmidt 00294. It's
17 under tab 37, jus to make sure we're talking about
18 the same document. It's dated December 5th.
20 Q So Sergeant McGuire verbally tells you at
21 the public safety day on September 29th that we need
22 to investigate Schmidt for an accident?
PLANET DEPOS
134
1 (No verbal response.)
2 Just want to make sure I have your
3 testimony.
4 Do you know what, if anything, he then
5 does subsequent to that but prior to then involving
6 Lieutenant Roskie? Is it Lieutenant Roskie? He's a
7 lieutenant, correct?
8 A Yes.
9 Q Okay. He never gives you a written report
10 of his preliminary findings, correct?
11 A No.
12 Q But then subsequent to that but prior to
13 December 5th, does he come back to you about what
14 his conclusions are?
15 A No. He comes back, proffers to me that
16 the -- that the vehicle that was assigned to Officer
17 Schmidt has suffered considerable undercarriage
18 damage, and it will have to be investigated as a
19 departmental accident.
20 Q Okay. And when you have departmental
21 accidents, do you always send them out to other
22 police departments?
PLANET DEPOS
135
1 A No.
2 Q But in this case, do you make the decision
3 that you need to engage an outside investigator?
4 A Yes.
5 Q Okay. And when do you make that decision?
6 A Sometime in -- close to when he comes
7 back.
8 Q To when Mr. Schmidt comes back?
9 A Mr. Schmidt comes back, correct.
10 Q Okay. And then prior to his coming back
11 and sometime on or about -- because he comes back
12 December 5th and gets the duress statement. By then
13 you've already decided that Lieutenant Frohlich will
14 be contacting Lieutenant Roskie of Hyattsville and
15 that they will be starting a formal investigation of
16 Mr. Schmidt?
18 Q But you have no written documentation from
19 Sergeant McGuire regarding what he saw when he went
20 and looked at the vehicle?
21 A No, I saw -- no. I went and looked at the
22 vehicle too. I saw there was undercarriage damage.
PLANET DEPOS
136
1 That's -- that's the only relevant information I
2 had.
3 Q But whether that was caused by wreck for
4 the people up at --
5 A All that was unknown.
6 Q Okay. But you decided you not only have
7 to investigate Schmidt, but get an outside officer
8 into the investigation, right?
9 A Correct.
10 Q Why an outside officer?
11 A In lieu of the allegations made by Mrs.
12 Schmidt, I thought it would be best to have a party
13 outside of our department investigate it.
14 Q Looking back again at document 42, Schmidt
15 00324, it says here, "Other officers on the Cheverly
16 Police Department have committed infractions that
17 called into question their honesty. The chief" --
18 A I'm not sure where you're at now.
19 Q I'm sorry, tab 42, paragraph 22. And
20 Mr. Stone is stating under oath that, "Other
21 officers on the Cheverly Police Department have
22 committed infractions that called into question
PLANET DEPOS
137
1 their honesty. The chief failed to investigate
2 their allegations and failed to discipline them."
3 Has anybody on the police department ever
4 done an infraction and not been subject to a duress
5 statement and not been investigated?
6 First, just has anybody on the police
7 department ever done an infraction and not been
8 investigated that you're aware of?
9 MR. PETER: Counselor, the comment in the
10 affidavit is "infractions that called into question
11 their honesty."
12 MR. CABANA: Okay. Well, we'll go with
13 that.
14 BY MR. CABANA:
15 Q Has anybody ever done an infraction that
16 calls into question their honesty?
17 A No.
18 Q Has any member of your police department
19 ever been involved in an accident where they crashed
20 their car and walked away from it and left it?
21 A No.
22 Q You're not aware of that?
PLANET DEPOS
138
1 A Not while I was there.
2 Q Has any member of your police department
3 ever been accused of domestic violence?
5 You can answer.
6 A I don't recall an incident of domestic
7 violence.
8 BY MR. CABANA:
9 Q Has any officer on your police department
10 ever been accused of being inebriated and being
11 involved in a car accident?
13 You can answer.
14 A That -- I don't recall any such.
15 BY MR. CABANA:
16 Q So if people like Officer Stone testified
17 about other officers being involved in infractions,
18 they would be lying? You're saying there are no
19 other infractions?
20 A I have no idea what Officer Stone is
21 referring to. So, therefore, I can't really comment
22 on whether he's telling the truth or not.
PLANET DEPOS
139
1 Q If you would turn to paragraph 45 -- I
2 mean, document 45, this is an affidavit of Edmund
3 Gizinski. Have you ever seen this document before?
4 A Yes.
5 Q I don't want to go through it line by
6 line, but the gist of these allegation by Officer
7 Gizinski are very similar to the allegations made by
8 Officer Stone.
9 I just want to ask you, have you read this
10 document before? And as to the allegations
11 regarding you, is it your contention the same as --
12 you've denied all the allegations regarding you made
13 by Officer Stone, correct?
14 A Correct.
15 Q And to the extent that Gizinski's
16 allegations, I guess, parrot those or are similar,
17 is it your allegation that Gizinski is also lying?
19 You can answer.
20 A The only -- the only thing that I see
21 different is the FOP representative part. And as I
22 told Officer Gizinski then, he was just misinformed
PLANET DEPOS
140
1 about the FOP union representation. Other than
2 that, the -- any other comments he makes, no, I
3 never said any of those.
4 BY MR. CABANA:
5 Q Did he ever represent to you that he
6 thought he was the FOP representative?
7 A No. I clarified to him that he was not.
8 Q Okay. So other than that part of this
9 document regarding his relationship with the FOP and
10 the FOP's, I guess, lack of a relationship with the
11 town of Cheverly -- a lack of a formal relationship
12 with the town of Cheverly Police Department, all the
13 other allegations in here that parrot Officer
14 Stone's allegations, you deny, correct?
15 A That is correct.
17 BY MR. CABANA:
18 Q I guess if you could turn to document 44,
19 affidavit of Frances Schmidt -- and just to be
20 clear, are you okay for continuing to go? Do you
21 need a lunch break or anything?
22 A No, I'm fine. No, I'm fine. I would
PLANET DEPOS
141
1 rather keep going until I get it done.
2 Q Okay. Have you ever been shown this --
3 seen this document before at any point in this
4 litigation?
5 A Yes.
6 Q Okay. To the extent his allegations
7 parrot Officer Stone's allegations, which we've gone
8 through exhaustively, would you also, I guess, deny
9 them, correct?
10 A I would.
11 Q Okay. So then let's just try and go
12 through ones that are slightly, you know, additional
13 or different, as opposed to replowing the same
14 ground.
15 A Okay.
16 Q So I guess turning to the second page of
17 it, Schmidt 00331 --
18 A Right.
19 Q -- it says, paragraph 8, "Chief Robshaw
20 engaged in petty harassment of me between the fall
21 of 2010 and August 2011."
22 And would you admit or deny that?
PLANET DEPOS
142
1 A I would deny all -- all of that.
2 Q Okay. First thing he says is, "He called
3 me names."
4 Did you ever call Frank Schmidt any names?
5 A No, I did not.
6 Q He says you, "denied me routine permission
7 to engage in off-duty work for private businesses."
8 Did you ever deny him the right to work
9 for private businesses to provide security?
10 A Yes.
11 Q What business did you deny him the right
12 to work for?
13 A Angel's Restaurant on Landover Road
14 because they had alcohol on the premises and they
15 sold it there as well, which is a violation of our
16 general order.
17 Q So none of your officers can provide
18 security at a place that serves alcohol; is that
19 your order?
20 A Correct.
21 Q Did your officers -- did other officers
22 provide, I guess, off-duty work to private
PLANET DEPOS
143
1 businesses?
2 A Yes.
3 Q And what businesses were they permitted to
4 provide off-duty work to that you can remember?
5 A There's a list of approved locations that
6 fluctuates as some are dropped off and new ones are
7 added on.
8 Q But any place that sells alcohol is never
9 approved; that's your contention?
10 A No. The -- just -- Home Depot, church,
11 traffic assignments, there's a whole litany of ones.
12 But ones which actually serve alcohol on the
13 premises are denied by the general order of
14 Maryland.
15 Q Okay. It then says -- he says that you,
16 "made sure I was assigned one of the oldest police
17 cruisers."
18 Isn't it a fact he was assigned cruiser
19 827 -- was an old police cruiser?
20 A First of all, I don't assign cars, but it
21 was an older car, correct.
22 Q Who assigns the cars?
PLANET DEPOS
144
1 A Lieutenant Frohlich at that time.
2 Sergeants do now.
3 Q In paragraph 11 it says contrary to the
4 allegation in Defendant's Exhibit 4, document 13-6
5 page 1 of 2, "On September 29th, 2011 I was not
6 involved in a work-related motor vehicle accident."
7 Are you aware that defense counsel has
8 filed with the Federal Court a document claiming
9 that Mr. Schmidt was involved in an accident and the
10 date of the accident they gave was December 29th,
11 2011?
12 MR. PETER: Objection. September 29.
13 Q September 29, 2011, I'm sorry.
14 Are you aware that they filed that with
15 the court?
16 A No.
17 Q But do you have any reason to believe that
18 if there was -- September 29th, 2011 is the day that
19 you had the public safety day and Schmidt had his
20 hernia accident.
21 You've never contended that he was
22 involved in a motor vehicle accident on that day?
PLANET DEPOS
145
1 A No.
2 Q So to the extent that they filed something
3 with the court contending that or with an agency,
4 they're incorrect, correct?
5 A Whoever it was that filed that -- no,
6 there was no accident that I'm aware of that day.
7 Q Okay. And, again, turning to paragraph
8 20, "Corporal Gizinski told me that Chief Robshaw
9 said, 'I'm giving you a heads up since you're the
10 FOP representative. Schmidt is trying to file a
11 Workers' Comp, so we're going to fire him.'"
12 Just to make sure, obviously you were not
13 present when Corporal Gizinski talked to Officer
14 Schmidt. But I just want to make sure, you never
15 made that statement to Corporal Gizinski is your
16 testimony?
18 Q Okay. Whether Corporal Gizinski made that
19 statement to Schmidt, you were not present?
20 A I have no idea.
21 Q Were you aware that in addition to the
22 complaints we've talked about earlier that Officer
PLANET DEPOS
146
1 Schmidt also complained to the U.S. Department of
2 Labor regarding the police department?
3 A No.
4 Q That was never brought to your attention?
5 A No.
6 Q If you could turn to page 5 of this,
7 Schmidt 00334, and it says, paragraph 31, "From
8 November 2011" -- first, let's go to paragraph 30.
9 "Before December 5th, 2011, I had never
10 been accused of misconduct or failure to perform my
11 duties."
12 I guess the first part as to having been
13 issued a formal investigation and a duress
14 statement, prior to December 5th, 2011, had Schmidt
15 ever been in that type of investigation that
16 involves a formal investigation?
17 A Not that I'm aware of.
18 Q Okay. If there was investigations of that
19 type -- which could lead to termination, correct?
20 Is that when a duress statement is issued?
21 A No.
22 Q Because you had mentioned -- it's very
PLANET DEPOS
147
1 unclear to me. Help me out here.
2 You had mentioned that if somebody is
3 tardy, they could get a duress statement. But it's
4 my understanding Tollison was issued a duress
5 statement you testified, correct?
6 A Yes.
7 Q Cathcart was issued a duress statement --
8 no, was about to be issued a duress statement and
9 resigned in lieu of going through the process,
10 correct?
11 A Correct.
12 Q And then subsequent to this, is there
13 anybody else in the department prior to Officer
14 Schmidt that you recall was issued a duress
15 statement?
16 A Yes.
17 Q Prior to December 5, 2011?
18 A Yes.
19 Q Who?
20 MR. PETER: I'm going to object.
21 You can answer the question.
22 A There has been in the 15 years -- 14 years
PLANET DEPOS
148
1 I've been there, there has been internal
2 investigations several times each year. I don't
3 recall all of them, and --
4 BY MR. CABANA:
5 Q Okay. Let's just stick to -- let's limit
6 this to the period of Officer Schmidt's employment,
7 which starts in 2008.
8 A Right.
9 Q And we're sticking from 2008 to, let's
10 say, 2012 for the period of this question. For that
11 period of time, you mentioned Tollison was issued a
12 duress statement and obviously Officer Schmidt.
13 Can you recall anybody else in that time
14 period who was issued a duress statement?
15 A No, but there may be others. I don't -- I
16 don't know off the top of my head of any.
17 Q But the two that you recall off the top of
18 your head are Tollison and Schmidt, correct?
19 A Correct.
20 Q For during his period -- his initial
21 period of employment?
22 A Right.
PLANET DEPOS
149
1 Q Subsequent to his returning to work and
2 then subsequently being terminated in January -- and
3 stop me if I'm wrong -- it's my understanding
4 Officer Gizinski and Officer Stone had been issued
5 duress statements and then subsequently terminated,
6 correct? Stone and Gizinski?
8 You can answer.
9 A During what time period?
10 BY MR. CABANA:
11 Q Now I'm saying subsequent. So this is
12 from the time when Mr. Schmidt returned to work --
13 on or about, because they could have been issued
14 these slightly before he returned to work. But the
15 time period when he was reinstated, that time
16 period, so we're talking -- the Court ordered the
17 reinstatement in October 2013, but I don't think his
18 reinstatement becomes formalized until some later
19 day.
20 But from that time period to the present,
21 my understanding is the other people that have been
22 issued duress statements are Officer Stone and
PLANET DEPOS
150
1 Officer Gizinski, correct?
2 A Yes.
3 Q And then obviously Mr. Schmidt was placed
4 through a second trial board?
5 A Correct.
6 Q Okay. Which is really not the subject of
7 today's deposition.
8 So when you say they're issued for
9 somebody being tardy, isn't that kind of facetious?
10 Isn't that exaggerating? You've named four people
11 that you can recall since 2008 -- well, five people
12 including -- no, four people including Schmidt that
13 have gotten duress statements and been subject to
14 full-blown investigations.
15 A Right.
16 Q So if I was your police officer and I'm
17 five minutes late for my shift that day, you're not
18 sliding -- you're not calling me in and sliding a
19 duress statement across the table to me and setting
20 me up for termination day one?
22 Q Or are you? I mean, is it your testimony
PLANET DEPOS
151
1 that's what you're doing every time a guy -- you had
2 said earlier they could be issued for somebody being
3 tardy.
4 A Yes.
5 Q But in actuality, everybody you've named
6 you're actually accusing them -- well, I don't know
7 what you're accusing Tollison of. We haven't got
8 into that. But Stone and Gizinski you accused of
9 violations of -- major violations of police policy,
10 correct, not being tardy for five minutes?
11 A False statements.
13 BY MR. CABANA:
14 Q Right. And you put them through the full
15 process that a duress statement starts, correct?
17 A Correct.
18 BY MR. CABANA:
19 Q And Officer Schmidt went through the
20 process not once, but twice with the department,
21 correct? Once and then was terminated, and then
22 when he returned, went through another trial board,
PLANET DEPOS
152
1 all of which are predicated on a duress statement,
2 correct?
3 A Correct.
4 Q And then Tollison, in lieu of going
5 through that process, came to an agreement between
6 the attorneys to resign --
8 BY MR. CABANA:
9 Q -- correct?
10 A Right.
11 Q He was issued a duress statement, but
12 resigned. And then Cathcart would have been issued
13 a duress statement, but came to a decision to resign
14 the department?
15 A Correct.
17 BY MR. CABANA:
18 Q Other than those five individuals, can you
19 think of anybody else who was either issued a duress
20 statement or was going to be issued a duress
21 statement during the period 2008 to the present?
22 A No, but that doesn't take into account
PLANET DEPOS
153
1 officers who agreed to discipline that didn't result
2 in an investigation, i.e. people late for work.
3 If you were late to work and I pointed it
4 out to you and you agreed to that and agreed to some
5 punishment, whether it be a counseling form or a
6 written reprimand, wouldn't require us to give a
7 duress statement.
8 But if I was investigating you and you
9 chose not to short form it, as we call it, then I
10 would take a duress statement from you.
11 Q Right. And we can get into that. That's
12 a different issue. Those would be written warnings
13 and I guess --
14 A Fines.
15 Q -- fines and punishment in lieu of going
16 through the full investigatory process and the full
17 process under the Law Enforcement Officers Bill of
18 Rights, correct?
19 A Those are circumstances where it was more
20 than likely would not result in termination.
21 Q Okay. So I guess that brings up my
22 another question.
PLANET DEPOS
154
1 Were investigations which involve -- and I
2 know I'm calling it a duress statement, and I guess
3 it's a statement that you're going to be making a
4 duress statement.
5 A Right.
6 Q It's a notice of a duress statement, I
7 guess is what it is.
8 Would those reserved for infractions that
9 you felt could lead to termination?
10 A No.
11 Q Were those reserved for infractions that
12 you felt could lead to serious discipline?
13 A No.
14 Q Are those reserved for infractions where
15 the person just refuses to take an administrative --
16 so if the person is five minutes late and they
17 refuse to take the administrative adjudication that
18 you're presenting them, then you're going to issue
19 them a duress statement?
21 Q But in actuality, other than the four
22 people I mentioned from 2008 to the present, you
PLANET DEPOS
155
1 can't recall any other people that were issued a
2 notice of duress statement and went through the full
3 process or started the process, correct?
4 A I don't -- I don't recall any during that
5 time period.
6 Q Okay. Other than Tollison, Schmidt,
7 Stone, and Gizinski? Those are the four that you do
8 recall?
9 A I recall them, correct.
10 Q Okay. And all of them you would contend
11 in your opinion, their infractions were more serious
12 than just being five minutes late for a shift or
13 something of that nature?
14 A Yes.
15 Q And have you ever -- so, yes, there's a
16 possibility -- you've testified there's a
17 possibility you can issue a duress statement for
18 being five minute late for your shift.
19 But in practice, have you ever issued a
20 duress statement for being five minutes late for
21 your shift?
22 A No, because the officer in all those cases
PLANET DEPOS
156
1 chose administrative sanctions that would not have
2 included termination, for example.
3 Q Got you. But in the case of Tollison,
4 Schmidt, Stone, and Gizinski, the sanction you were
5 seeking or that the investigation was leading to
6 would have up to and included termination?
7 A Could have, could have.
8 Q And in three of their cases, it ultimately
9 did, correct? You terminated Schmidt, and then he
10 was subsequently reinstated, correct?
11 A Yes.
12 Q Okay.
13 A And then I terminated him again.
14 Q And then you terminated him again.
15 You terminated Stone, correct? Stone is
16 no longer an officer with the police department,
17 correct?
18 A Correct.
19 Q Did you terminate him?
20 A The trial board's recommendation, and I
21 agreed to the recommendation.
22 Q But it's ultimately your decision,
PLANET DEPOS
157
1 correct?
2 A Ultimately, that's correct.
3 Q And then Gizinski, you terminated him,
4 correct?
5 A Correct.
6 Q Okay. And then Tollison, we've gone
7 through. He resigned in lieu of going through the
8 process.
9 A Yes.
10 Q Okay. Turning back to Schmidt 00334, it's
11 tab 44, he says -- and this is paragraph 31, second
12 sentence, "In addition to regular verbal abuse and
13 humiliation, such harassment and retaliation
14 included being served on January 24th 2012" --
16 BY MR. CABANA:
17 Q "In addition to regular verbal abuse and
18 humiliation, such harassment and retaliation
19 included being served on January 24th, 2012 with a
20 performance counseling document."
21 Did you issue him or did the department
22 issue him on December 24th, 2012 a performance
PLANET DEPOS
158
1 counseling document?
2 A I believe they did.
3 Q Okay. Do you know if he was subjected to
4 any actual discipline because of the performance
5 counseling document issued to him on January 24th,
6 2012?
7 A Performance counseling form doesn't attach
8 disciplinary measures unless it's incorporated into
9 his past performance appraisal.
10 Q Then is says, 32, "On January 27th, 2012,
11 the town improperly opposed the Workers'
12 Compensation claim arising from the September 29th,
13 2011 injury."
14 And just to be clear -- I just want to
15 make sure I understand your testimony -- it's your
16 testimony that you're not involved in Workers'
17 Compensation claims, so you could not -- I just want
18 to be clear. You could not have retaliated against
19 him by telling the town to oppose his Workers' Comp,
20 correct?
21 A I did not.
22 Q So other than telling I --
PLANET DEPOS
159
1 A IWIF.
2 Q -- IWIF that you thought it was a
3 pre-existing condition -- other than that, you had
4 no further involvement in his Workers' Comp is your
5 testimony; is that correct?
6 A That's correct.
7 Q Okay. But could other people in the
8 town -- were people upset that Schmidt was bringing
9 these allegations against the town?
11 You can answer.
12 A I can't outright say that. I don't know.
13 BY MR. CABANA:
14 Q Were you upset?
15 A Was --
16 Q You, you personally?
17 A Yes.
18 Q Okay. So you were upset?
19 A Yes.
20 Q Okay. Did you ever discuss that with
21 anybody in the town, that you were upset by these --
22 I guess you're saying today these are false
PLANET DEPOS
160
1 accusations, correct?
2 A That's correct.
3 Q Okay. And --
4 A I was upset about the very minor part of
5 the pool cue incident, not the rest of these things
6 that relate to actual duty. That comes with the
7 territory of being a chief. The allegations that I
8 made statements to her and stuff are totally a lie
9 and I think inappropriate, and I was angry over
10 them. That's correct.
11 Q Okay. And so did that then color the way
12 you treated Officer Schmidt?
13 A No.
14 Q So even though you were angry about this,
15 you then came above this and decided to still ignore
16 this, this anger?
17 A This anger didn't come into any play in
18 any decision I made subsequent to the notification
19 from Prince George's Human Relations Commission. I
20 don't act in anger.
21 Q Did you ever express this anger, tell Town
22 Administrator Warrington that you were angry about
PLANET DEPOS
161
1 this?
2 A I don't think I ever said "I'm angry
3 because he did this."
4 Q Did you tell anybody? Did you tell your
5 wife you were angry about this?
6 A I would say yes.
7 Q Okay. So you did express your anger.
8 But did you tell -- returning back to the
9 workplace, did you tell anybody at work that you
10 were angry about what you're characterizing today as
11 false accusations against you?
12 A Well, I think the supervisors were aware
13 of these allegations.
14 Q Were they shown these documents?
15 A I don't -- I don't think so.
16 Q Okay. Not by you?
17 A I made them aware that there were
18 allegations made by other people. I don't think we
19 ever specifically sat down and addressed -- it was
20 shocking to me the number of allegations that I read
21 in this paper that I never heard before I read these
22 things.
PLANET DEPOS
162
1 Q Okay. You're talking about the complaint?
2 A I'm talking about all these officers who
3 alleged I made these comments.
4 Q Okay. You do understand these statements
5 they're making are subsequent to the EEO charges?
6 A Yes.
7 Q When you got the EEO charges from Schmidt
8 and from his wife, were you angry?
9 A Initially, yeah, because I thought they
10 were unjustified and had nothing to do with this
11 investigation or my actions as the chief of police.
12 Q So your contention would be not only is
13 Donna Schmidt lying, but that Officer Schmidt is
14 also lying regarding --
15 A About what?
16 Q Well, in his charge. I will turn to it, I
17 guess.
18 A No, no. You don't have to go through all
19 that. Yes, I contend that they are both lying.
20 Q Okay. Prior to those allegations, did you
21 feel that Schmidt was -- had you ever had a reason
22 to believe Schmidt was untruthful prior to, I guess,
PLANET DEPOS
163
1 when you received these allegations in November of
2 2011?
3 A I know of no allegations that said he made
4 false statements or anything.
5 Q Okay. Subsequent to this, to him bringing
6 what you're contending today are false statements
7 against you, he was ultimately terminated. And a
8 big part of the reason you terminated him -- and we
9 can go through the termination letter shortly -- is
10 that his untruth -- what you contend were untruthful
11 statements to the trial board, correct?
12 A Correct.
13 Q So did receiving these charges, which you
14 contend contained untruthful statements, color your
15 view of the truthfulness of Officer Schmidt? Did it
16 change your view?
17 A I had -- I believe the trial board after
18 reviewing the case came to the right conclusion.
19 Q But isn't it --
20 A So, yes, I believed he made false
21 statements.
22 Q But isn't it a fact that the trial board
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1 also recommended a penalty less than termination,
2 correct?
3 A Yes.
4 Q And you raised the penalty, correct?
5 A Absolutely.
6 Q And you raised it to termination, correct?
7 A Yes, sir.
8 Q Okay. And stop me if I'm wrong, but a big
9 reason you raised it from just the penalty they
10 recommended to termination was your contention that
11 you could not have an officer who had testified
12 untruthfully. You could not use him because then if
13 he testified in court, he would be called into
14 question. That's your contention, correct?
15 A Yes, because I had direct conversations
16 with the state's attorney about this.
17 Q And who initiated those conversations with
18 the state attorney? Did you call them, or did they
19 call you?
20 A It was a series of -- a series of -- I was
21 president of the Police Chiefs Association at the
22 time, and we were talking globally about false
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1 statements and the State's Attorneys Office position
2 of establishing a Brady list on officers who had
3 been found to have made false statements. So I was
4 aware of that. I contacted the State's Attorneys
5 Office -- the state's attorney. I talked to the
6 deputy, told them about the allegations, and she
7 referred me to state's attorney in special
8 prosecution, which handles police-related incidents.
9 And that's the one I ultimately talked to.
10 Q Were all these conversations by phone, or
11 did you email them? How did you reach out to them?
12 A Telephone.
13 Q And then that attorney then provided you
14 with a letter; is that correct?
16 Q Which you attached to your termination
17 notice?
18 A Correct.
19 Q And how was that letter provided to you?
20 A He emailed it to me.
21 Q Okay. Did he have any cover -- I've never
22 received the actual email. I've received a
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1 document. Did he have any cover --
2 A No, no, no, no. The document was --
3 Q Attached as a PDF?
4 A -- attached to the email, and I just
5 printed that out.
6 MR. CABANA: If counsel could check if the
7 email is available.
8 A I don't think there was any conversation
9 attached to the email. It was just that attachment,
10 but I'll --
11 MR. PETER: We'll check for that, Counsel.
12 BY MR. CABANA:
13 Q Have you ever -- because during this
14 case -- you use email, correct?
15 A Yes.
16 Q What is your email account for the police
17 department, your official email account?
18 A Policechief@cheverly-md.gov.
19 Q Have you ever communicated with anybody
20 using email regarding any of the allegations made by
21 Officer Schmidt or anything to do with this case?
22 A I don't believe so.
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1 Q Okay.
2 A I provided copies of every email I ever
3 had relevant to this case.
4 Q Do you have an IT department at either the
5 police department or the town?
6 A No. We have a vendor that does that.
7 Q Did somebody request that that vendor
8 check if there were any emails relevant to this
9 case; do you know?
10 A I'm not certain.
11 Q But you never were involved in any
12 conversations with that vendor, correct?
13 A No.
14 Q Okay. Did you tell your officers to
15 preserve any documents they had relevant to
16 Schmidt's allegations?
17 A Yes.
18 Q And did you tell them to turn those
19 documents over to your counsel?
20 A Yes.
21 Q And to the best of your knowledge -- and I
22 know you're not here as a 30(b)(6). But to the best
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1 of your knowledge as an individual, did they do so?
2 A To the best of my knowledge, yes.
3 MR. PETER: Counselor, we've just been at
4 it for a while. Do you mind if we take a
5 five-minute break?
6 MR. CABANA: Yes. Now is a good time.
8 BY MR. CABANA:
9 Q If you could just turn to Tab 25, if you
10 would go in Documents, Bates No. Schmidt 00118.
11 It's the second page.
12 Have you seen this document before? It's
13 dated November 29, 2011 signed by Frank, Francis
14 Schmidt?
15 A Yes.
16 Q Okay. So when we talk about his -- I
17 guess I'll call this EEO -- EEO Charge No. 1 -- his,
18 Mr. Schmidt's, first charge against you, this is the
19 document we're a talking about; do you recall who
20 brought this to your attention?
21 A Town administrator.
22 Q Okay. And the allegations he makes here
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1 is that he suffered a work-related injury, and
2 again, you -- I guess, at that time, you did not
3 believe -- what -- what do you believe today? Do
4 you now believe it was a work-related injury or --
5 A It's never been up to me. It's always
6 been up to IWIF to make that determination. So if
7 they conclude it was work-related injury, then it's
8 a work-related injury.
9 Q Okay. So they subsequently concluded
10 that?
11 Do you understand there was a [sic]
12 extensive litigation about the Schmidts and -- and
13 the insurance carrier?
14 A Maybe a little bit, I don't -- I don't
15 really -- didn't really follow that.
16 Q It says here: From November 29, 2011
17 until present, I had been on medical-related leave
18 of absence without pay -- work due to my disability.
19 Is it your understanding, when Mr. Schmidt
20 was out during that period, that he was not -- at
21 least was not initially paid?
22 A I don't know.
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1 Q Did you have any knowledge one way or the
2 other?
3 A No.
4 Q Okay. So it's your testimony, just like
5 the workers' comp, the decision on whether an
6 officer gets paid -- gets paid leave or unpaid
7 leave, who's that made by?
8 A The town administrator.
9 Q Mr. Warrington?
10 A Right.
11 Q Okay. It says: From September 2011 to
12 November 2011 my wife filed numerous discrimination
13 complaints against the respondent.
14 And you -- well, you have testified you're
15 aware of two complaints made by Mrs. Schmidt against
16 the respondents -- respondent being town of Cheverly
17 Police Department; correct?
18 A Two complaints?
19 Q Your -- that you contacted the mayor and
20 that she actually filed a charge, an EEO charge,
21 that we went through earlier.
22 A I'm aware of -- aware of those two things;
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1 correct.
2 Q Right. And then you've testified any
3 other complaints she made, you were unaware of.
4 A I was unaware of until I got her -- the
5 copy of the EEOC --
6 Q Okay. So here they say numerous. Your
7 testimony would be you're aware of two charges --
8 two allegations by her, or that she contacted two
9 people.
10 You're aware of one allegation, the
11 document -- the discrimination document. You don't
12 know what she said or tried to say to the mayor?
14 Q Okay. Then he says: Since the
15 respondents' knowledge of my complaints, I've been
16 subjected to the following retaliatory action.
17 And he -- he says: The first one is that
18 you denied the donate of leave to him.
19 And just so I understand, your testimony
20 is that you denied that -- that people could not
21 donate leave because it was against -- the town does
22 not have that policy unlike Prince George -- Prince
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1 George's County?
2 A Correct.
3 Q It had nothing to do with Mr. Schmidt?
4 A Correct.
5 Q Okay. But a co-worker did approach you
6 about donating a leave -- donating leave policy.
7 That was Officer Gizinski?
8 A Yes.
9 Q That's a fact? Okay.
10 So you're not -- you're not denying that
11 you denied the leave. You're denying that it's
12 retaliatory that you denied the leave. You're
13 saying that you did it because of town policy?
14 A Correct.
15 Q Okay. It says here that the lieutenant
16 said: How does he expect to come back to work after
17 all the shit his wife has been doing.
18 Did the lieutenant ever say that in your
19 presence? Have you ever heard the lieutenant make
20 that statement?
21 A Not to my knowledge.
22 Q Did he make anything similar to a
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1 statement like that -- that: How is Schmidt going
2 to come back to work?
3 A No.
4 Q Did anybody on the department make a
5 statement similar to that regarding Officer Schmidt?
6 A Not -- not in my presence.
7 Q It then says: As a result of the
8 intentional retaliatory action towards me, I was on
9 leave from September 2011 to November 2011.
10 The fact that he was on leave you -- you
11 would not contest; right? He was -- he was out of
12 office from September 29 until December 5?
13 A Correct.
14 Q Okay. And you do not have knowledge, one
15 way or the other, whether it was leave without pay
16 or with pay; correct?
17 A I don't -- I don't know.
18 Q Okay. So just so I understand your
19 testimony, you're saying all things about how
20 officers actually get paid, those decisions are made
21 by the town administrator?
22 A Correct.
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1 Q Okay. But -- could the town administrator
2 have been upset that Schmidt was bringing these
3 allegations, engaged in retaliation?
4 A I have no idea.
5 Q And it says: I believe I was subjected to
6 the aforementioned retaliatory action because of my
7 participation in my wife's sexual harassment
8 complaint against the chief of police.
9 And we've already gone through that. His
10 wife did make sexual harassment complaints against
11 you; correct? She made complaints; I'm not saying
12 you agree with the complaints, but you are aware she
13 made complaints?
14 A Yes.
15 Q Okay. If you could turn just to Tab 28.
16 It's letter from Town Administrator Warrington to
17 Officer Schmidt. When the town sends letters
18 regarding leave or letters regarding
19 (unintelligible) are you cc'd on these
20 communications? Would you have ever seen this
21 communication?
22 A Usually not.
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1 Q Okay. So you're unaware your -- do you
2 have -- have you -- prior to this litigation, have
3 you ever seen this document?
4 A No.
5 Q If you could turn to document 30.
6 Earlier, you had testified that, regarding workers'
7 comp, that notice of claims are made not by you, but
8 by somebody. This appears to be a notice of claim
9 regarding Mr. Schmidt, and it says here his foreman
10 is Sergeant McGuire.
11 Do you have any reason to doubt that this
12 was what you were talking about? That this is a
13 notice of claim regarding his September 29 accident?
14 A Yes, I'm assuming that is correct.
15 Q Okay. But your -- your -- your testimony,
16 just to be clear, is that you're not -- the
17 preparation of this document, you were never
18 involved in or not involved in?
19 A No, no.
20 Q Okay. If you turn to document 31, it's a
21 notice of discrimination complaint regarding
22 Ms. Donna Schmidt. And on the second page, it's
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1 dated November 18, 2011, and it just -- it's
2 basically notifying the town of Cheverly that
3 this -- the records in this office indicate you were
4 notified on November 15, 2011 that the complaint of
5 discrimination has been filed with the commission.
6 Do you have any reason to doubt that this
7 letter was sent to the town of Cheverly or about
8 November 18, 2011?
9 A No.
10 Q But your -- just so I understand, your
11 contention earlier is, when you were notified about
12 Ms. Schmidt's complaint, the only document you
13 recall seeing is just the one page of the document?
14 A Correct.
15 Q Okay. Would this -- a document such as
16 this typically have gone to the Administrator
17 Warrington?
18 A Yes.
19 Q Not to you?
20 A All legal documents like that come through
21 the town administrator's office, regardless of where
22 it ends up in the town.
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1 Q Okay. And then it would be his job to
2 notify you or whoever else?
3 A Yes.
4 Q Okay. Turning to document 33, just to
5 make sure, this is a letter from the Department of
6 Labor regarding Mr.Schmidt -- to Mr. Schmidt, dated
7 December 5, 2011.
8 But, just to make sure, your contention
9 is, other than the -- the charge by Schmidt, which
10 we went through, this document -- basically, your
11 contention is you were unaware that he had also gone
12 to the Department of Labor?
13 A I had no idea.
14 Q Okay. Who would typically be notified
15 if -- if somebody complained to other agencies?
16 Would that be the town administrator?
17 A Right.
18 Q Okay. If you could turn towards the back
19 of Tab 35, and it's actually Schmidt 00230. And
20 it's -- actually, starts on Smith 00229. It appears
21 to be some type of web -- web-based article,
22 "Maryland Medical Marijuana Commissioner Under Fire
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1 in Lawsuit."
2 A Right.
3 Q And it's something -- I guess it's -- it
4 might be in the city paper, it's hard to tell. But
5 it appears to be an online article referencing this
6 case.
8 A Yes.
9 Q Okay. Who brought it to your attention?
10 A I think someone from the commission
11 forwarded it to me.
12 Q And how did they forward that to you?
13 A Email.
14 Q And has that been produced to your
15 counsel?
16 A No, I think I received a phone call, not
17 an email.
18 Q And then you went on the Internet and saw
19 it?
20 A Yes.
21 Q Okay. And earlier you talked about
22 allegations against you regarding when you were
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1 doing a -- somebody who's claiming they were not
2 being let go. Is that this Mr. Romjue, Brian
3 Romjue?
4 A Yes.
5 Q And so you had said the only allegations
6 against you other than this case, prior allegations,
7 serious allegations, was this Brian Romjue back in
8 2002?
9 MR. PETER: Objection. You can answer.
10 Q You talked about that you had been late, a
11 couple other minor incidents, but then you had said
12 that this was something that you -- I asked you,
13 were there any investigations regarding you in the
14 past?
15 A This resulted in a lawsuit; correct.
16 Q Okay. Not against you -- was it against
17 you personally?
18 A The county.
19 Q Against the county. And this was Prince
20 George's County?
21 A Correct.
22 Q And what was your -- when you were at
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1 Prince George's County, what was your role there?
2 You were still a police officer; correct.
3 A Correct.
4 Q What rank were you?
5 A At the time of this incident?
6 Q Yes.
7 A Lieutenant.
8 Q You were a lieutenant with them. And then
9 when did you leave Prince George's County?
10 A 2001. October of 2001.
11 Q And so -- so there was actually a jury
12 trial regarding this Mr. Romjue?
13 A Mm-hmm.
14 Q And you participated in that?
15 A Yes, sir.
16 Q And you testified?
17 A Yes.
18 Q Okay. And but -- but when -- when you
19 were earlier were referring to that there was an
20 incident regarding -- was this the one you were
21 referring to in your earlier testimony regarding --
22 when I asked you about, other than this -- this
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1 allegation by Mr. Schmidt?
2 Have there ever been other allegations
3 against you? And you mentioned something about
4 somebody who said they were forced to drive around
5 with the police. Was that --
6 A This -- this is that case.
7 Q This is that case. Okay. And did you --
8 when you left the PG Police Department in 2001, did
9 you go straight then to the Cheverly Police
10 Department?
11 A I retired from the county on a Friday and
12 I started Cheverly on a Monday.
13 Q So that would be a "yes"?
14 A That would be a yes.
15 Q Okay. Unless you call a weekend as a long
16 sabbatical. Okay.
17 A Seems like it is now.
18 Q And it says here that each of the
19 officers, including Robshaw, was stuck with another
20 $5,250 in punitive -- did they actually charge you
21 personally?
22 It says you were stuck with -- with each
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1 of the officers, including Robshaw, also stuck with
2 another $5,250 in punitive damages. So you said
3 they sued the county. Were they suing you
4 individually? That you had to individually pay --
5 A No. I don't -- I don't understand --
7 A I don't understand that. The -- the
8 county paid the entire thing.
9 Q So this is inaccurate? That -- that --
10 this -- there was a lawsuit; that's accurate?
11 A Right.
12 Q And you were -- you testified at the
13 lawsuit correct?
14 A Correct.
15 Q But that you were personally forced to pay
16 this individual $5,250 --
17 A No.
18 Q -- of punitive damages; that's incorrect?
19 A That's incorrect.
20 Q Okay. And just to be clear, your earlier
21 testimony regarding investigations regard -- against
22 you, you were referring to this incident; correct?
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1 There was no other investigations that you testified
2 about; correct?
3 MR. PETER: Objection. Counselor, we keep
4 asking lots of questions over and over again for
5 clarification.
6 MR. CABANA: I just want to make sure.
7 MR. PETER: I understand. But you can
8 answer.
9 A This was the one I was referring to.
10 Q Okay.
11 MR. PETER: Are we getting close to your
12 conference call, Counselor? And just if your topic
13 is done.
14 MR. CABANA: Yes. Let's actually stop.
15 So let's take ten-minute break.
17 BY MR. CABANA:
18 Q If you could turn to Tab 41, and we've
19 gone over most of this, I actually just want to
20 touch on Tab 41, Schmidt 000305. I just want to
21 make sure I have the record clear. And we're
22 looking at -- this is Donna Schmidt's charge and
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1 this is the second page, the one you claim you never
2 saw.
3 But just to be clear, it says here:
4 Additionally, the police chief has threatened to
5 terminate my husband's employment as recent as
6 November 2011.
7 And I just want to make sure the record is
8 clear. In November of 2011, did you threaten to
9 tell anybody at the department that Officer Schmidt
10 was subject to termination or was being threatened
11 with termination?
12 A No.
13 Q Okay. If you would just turn to Tab 60,
14 and it's a -- Award of Compensation from the
15 Workers' Compensation Commission to Mr. Schmidt.
16 It's dated -- well, it's not clear the date, but it
17 references a hearing was held on January 27, 2012.
18 Do you have any knowledge of who, if
19 anybody, from the department testified at
20 Mr. Schmidt's Workers' Compensation hearing?
21 A No.
22 Q Okay. Were you ever presented with this
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1 document?
2 A I can't say if I've ever seen it or not.
3 Q And this seems to -- appears to indicate
4 that Mr. Schmidt as ultimately given an award of
5 compensation. Do you have any reason to dispute
6 that the commission found his injury was work
7 related?
8 A No.
9 Q If you could turn to document 68. This
10 appears to be a chronology. It's document number
11 Schmidt 00470 and continues through '474.
12 And specifically, referencing events on
13 October 11, and it says here: Corporal Gizinski
14 contacted me -- it's not clear from the document
15 whether "me" is Donna or Frank Schmidt -- but it
16 says: He advised me that he overheard the
17 conversation with regards to this request, and that
18 the sergeant and chief knew I could not return to
19 full duty after a such a short period of time, and
20 they would be able to fire me.
21 Did you ever tell any of the sergeants on
22 or about October 11 that if Schmidt could not return
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186
1 to work in a short period of time, you were going to
2 fire him?
3 A No.
4 Q Question: How do you know -- you said
5 that you -- Lieutenant Roskie is the one who was
6 hired to -- was, I guess, given the investigation of
7 Officer Schmidt. How do you know Officer Roskie?
8 A I'm not -- I don't know him, really. I've
9 seen him at chief's meeting's. That's the only way
10 I know him.
11 Q Okay. So if somebody says -- he worked
12 for Hyattsville; correct?
13 A Hyattsville City.
14 Q Okay. Their police department?
15 A Right.
16 Q So if they're alleging that he was in
17 federal court with you statement, he was not -- was
18 he or was he not involved in the case that you
19 mentioned earlier back in 2001, 2002 in federal
20 court.
21 A No, no.
22 Q Okay. He was not -- you were not the only
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1 officer --
2 A There was four of us. They were all
3 county officers.
4 Q Not Roskie?
5 A Not him.
6 Q So if somebody said that, they're
7 mistaken?
8 A That's correct.
9 Q Okay. It says here on the chronology, in
10 February, was sent to report writing class. Was
11 Officer Schmidt sent to a report writing class at
12 the rookie academy in February of 2012?
13 A At the -- to the PG Community College,
14 yes.
15 Q PG Community College?
16 A Right.
17 Q And whose idea was that?
18 A I believe it was the sergeants.
19 Q Would that be Sergeant McGuire?
20 A Yes.
21 Q Was Sergeant McGuire upset that Officer
22 Schmidt and his wife had brought these allegations
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1 against the force?
3 Q Do you have any knowledge? Did he ever --
4 A If he ever said so, I don't recall it.
5 Q He did not say that to you?
6 A No.
7 Q Okay. Did the force ever order Officer
8 Schmidt to provide doctors' notes whenever he was
9 sick?
10 A Yes.
11 Q Why -- and is that the rule for all the
12 officers?
13 A If you are on extended sick leave or use a
14 lot sick in a short period of time, request a
15 doctor's note.
16 Request a doctor's note for any sick if
17 you choose to, but we try to limit that to officers
18 who are on sick leave for a long period of time or
19 use a lot of sick leave over a period of time.
20 Q In April -- were you aware that in April,
21 Officer Schmidt was admitted to the hospital with
22 stroke-like symptoms in April of 2012?
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1 A I read that, but I don't have any
2 recollection of that.
3 Q And so if -- if -- if Lieutenant Frohlich
4 or if anybody testified that your reaction -- that
5 you told Officer Frohlich, who planned to visit
6 Mr. Schmidt: No one is going to check on him.
7 That's an F'ing order.
8 A No.
9 Q If former Lieutenant Frohlich testified to
10 that, would you have any reason -- does he have any
11 animosity towards you?
13 A He has never specifically told me any
14 animosity. I've -- I've known him for 40 years.
15 We've been friends for that time period.
16 Q So if he recalled a statement like this,
17 would he just be lying or would he be mistaken?
18 A I can't answer for him.
19 Q Okay. But you did not say that?
20 A No.
21 Q Regarding Mr. Schmidt?
22 A No.
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1 Q Okay. Turn to page Schmidt 00473.
2 "During my, suspension my police powers
3 were revoked by Chief Robshaw."
4 (Reporter clarification.)
5 BY MR. CABANA:
6 Q Did there come a time prior to his trial
7 board, but after he returned in December of, I
8 guess, December 5, 2011, when you revoked his police
9 powers?
10 A I don't understand that question. Can you
11 say that again, please.
12 Q Did there -- did you, prior to his -- to
13 Mr. Schmidt's termination, did you revoke his police
14 powers?
15 A Which time are we talking about?
16 Q His first termination. Prior to his
17 August 2012 termination, did -- did you revoke his
18 police powers?
19 A Yes.
20 Q When did you do that and why?
21 A I do not remember the date. I -- the why
22 was because it appeared to me, based on the evidence
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1 in the investigation, that it was at least likely
2 that he made a false statement.
3 And knowing how the State's attorneys and
4 the courts viewed those, it didn't make sense to put
5 him in a position out there in patrol where he may
6 well influence, ultimately influence, an arrest or
7 something other -- that he would have done in the
8 course of his employment.
9 Q So even prior to getting the letter from
10 the State's attorney in August of 2012, you already
11 had knowledge that the position of the State's
12 attorney was against officers who had ever made
13 false statements?
15 Q And so the letter was really just
16 something -- was it just a CYA so you would have it
17 on file? Why would you go retain a letter when you
18 already had this knowledge?
20 A I wanted the specific paper to give to the
21 officer rather than him just relying on my sense of
22 what the -- the State's attorney's position was.
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1 Q So given that you believe -- and I know
2 your counsel will object -- but given that you
3 believe Mr.Schmidt was a liar, the second time he
4 went through a trial board, I guess in early 2015,
5 subsequent to that, you did not terminate him;
6 correct?
8 A Because he was not found guilty of making
9 a false statement. Matter of fact, I lowered his
10 punishment from what the trial board recommended.
11 Q So is it your testimony that the
12 difference between the two trial boards was that the
13 first time the trial board believed he had made a
14 false statement to the investigator and the second
15 time he did not?
16 A Well, that the court threw out the entire
17 thing as if it didn't exist.
18 Q I understand that. But the first time you
19 relied on the fact that the trial board had found
20 him to have made a false statement?
22 Q And the second time you did not have that,
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193
1 and so you then allowed him to continue as a police
2 officer for a period of time?
3 A Correct. That's correct.
4 Q Now, the people on the trial boards and --
5 and the first -- and I'm specifically referring to
6 that first trial board. There was even a police
7 chief on that board; correct?
8 A Correct.
9 Q And these were experienced officers on the
10 trial board?
11 A Yeah, I would assume so, yes.
12 Q And yet they, the first trial board, did
13 not recommend that he be terminated; correct?
14 Despite believing he had made a false statement to
15 them?
16 A That was their recommendation.
17 Q So you then decided to -- you made the
18 decision to increase the -- their recommendation?
19 A Correct.
20 Q And to terminate Mr. Schmidt in
21 August 2012?
22 A Correct.
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194
1 Q And you made this recommendation after
2 Mr. Schmidt and his wife had accused you, of what
3 you're calling false accusations, of sexual
4 harassment and retaliation?
5 A Correct.
6 Q And other officers who worked at the
7 police department at that time have given statements
8 claiming that decision was retaliatory. You
9 understand that; correct?
10 A Yes, sir.
11 Q Okay. But it's your testimony, I just
12 want to understand, that you were, despite the
13 egregious allegations Mr.Schmidt had made against
14 that, that you were above, for, and just relied on
15 the facts in making that statement; correct? That
16 you put your personal feelings of anger away when
17 you made the decision to terminate Mr. Schmidt?
19 A It was based solely on my knowledge of the
20 State's attorney's decision, which was not presented
21 to the board in the punishment stage, and they
22 weren't familiar with the State's attorney's
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195
1 position, the administrative hearing board, not just
2 the board. I'm sorry.
3 Q If you could turn to, again, back to 68,
4 page 00483. Earlier, there was testimony regarding
5 whether Mr. Schmidt was given a performance
6 counseling in January of 2012.
7 Are you familiar with -- have you ever
8 seen this document before?
9 A I have as part of the case file or the --
10 this file (indicating) prepared by the --
11 Q So you -- just so I understand, is it your
12 testimony you had no part in Sergeant McGuire
13 issuing this?
14 A No. A performance counseling form was
15 issued by a supervisor.
16 Q Do they notify you when they issue that?
17 A They don't have to, no. The only time I'm
18 notified or it comes into play is if this is
19 incorporated in their past performance appraisal for
20 the year.
21 Q You had talked earlier about how you
22 appointed Officer Roskie of the Hyattsville City
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1 Police Department to lead the investigation. If you
2 would turn to, it's in Tab 4 of book -- actually the
3 defendant's book.
4 MR. CABANA: I think we're done with the
5 plaintiffs' documents for now. We're actually into
6 the defendant's books. I just want to make sure --
7 I just want to be clear we have all that --
8 MR. PETER: It's a different tab, Chief.
9 Q Sure it -- I apologize we're on to a
10 different book.
11 Q If you could turn to Tab 4, it is Schmidt
12 v. Cheverly Defendant's 327. And it's a document
13 produced by your counsel from your files and you had
14 mentioned that you thought you had reached out
15 to Roskie -- somebody had reached out to Roskie
16 prior to the December 5th arrest letter.
17 But this is dated -- it says: Effective
18 this 16th day of December 2011, I hereby appoint
19 Lieutenant Mark R. Roskie -- blah, blah, blah.
20 This -- is this the appointment letter
21 that you had talked about earlier?
22 A Yes.
PLANET DEPOS
197
1 Q And does this refresh your recollection
2 that it was after Mr. Schmidt returns to work that
3 Mr. Roskie is formally appointed as the investigator
4 on the matter?
5 A Yeah, but that -- Frohlich had obtain --
6 talked to Roskie, who had agreed to commit the
7 investigation before he did anything of
8 significance, most importantly, taking a statement
9 from Schmidt. He needed this appointment letter in
10 order to do that.
11 Q To give him the authority?
12 A Give him authority; that's correct.
13 Q Got you. Do you know if Mr. Roskie is
14 still an officer with Hyattsville City Police
15 Department?
16 A I do not believe he is. I don't -- I
17 don't know his current whereabouts, though.
18 Q Do you know if he left there under good
19 circumstances or if there is --
20 A I believe it was a regular retirement.
21 Q Was he an older gentleman?
22 MR. PETER: I guess define older.
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198
1 A Like me and you, or --
2 Q I'm older. Okay.
3 Was he of retirement age when he started
4 this investigation?
5 A I would say -- I don't know his age, but I
6 would say, yes.
7 Q Okay. But it's your understanding that
8 he's no longer at the department?
9 A I -- I -- I believe I heard someone say he
10 retired.
11 Q Now regarding -- who is Dana Willis? Do
12 you know a Dana Willis?
13 A He is a public works employee mechanic.
14 Q Okay. And is he one of the people
15 involved in maintaining the vehicles for the
16 department?
17 A Yes, sir.
18 Q Have you ever spoken with him regarding
19 this matter, regarding what happened to
20 Mr. Schmidt's vehicle?
21 A No, I -- I read his testimony transcript
22 but I don't believe I've ever talked to him about
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199
1 it, not that I recall anyway.
2 Q Regarding, I guess, two things --
3 regarding the allegations by Mr. Schmidt of
4 discrimination and retaliation, and by his -- well,
5 let's stick with Mr. Schmidt for now.
6 Who, if anybody, in the city of Cheverly
7 have you spoken with about that?
8 A Just town employee. I mean --
9 Q Right. Which town employees? I mean, the
10 town administrator?
11 A Yes.
12 Q Anybody else?
13 A Lieutenant Frohlich. And I don't know
14 that I ever discussed it with -- immediately with
15 the supervisors. We work in a small department and
16 information flies around that building faster than I
17 can keep track of.
18 So I'm not -- I don't know that we -- I
19 never specifically announced to anybody, other than
20 Frohlich, of the -- of this case. But there were
21 plenty of officers, Gizinski comes to mind, who
22 spoke about it quite regular among all the other
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200
1 officers.
2 Q Now, regarding that investigation, the
3 Prince George's County Human Rights Commission
4 investigated it; correct?
5 A Yes.
6 Q Did anybody from that office ever speak
7 with you directly?
8 A Yes.
9 Q Did they interview you and did you give
10 them a written statement?
11 A They interviewed me in the presence of
12 counsel.
13 Q Presence of your counsel, or their
14 counsel?
15 A Someone from LGIT.
16 Q Oh, okay.
17 A Not --
18 Q Not present counsel?
19 A Not this present counsel; correct.
20 Q Okay.
21 A But I never made a written statement.
22 Q Okay. I guess, turning to Donna's
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201
1 allegations against you, who, if anybody -- you've
2 mentioned that you have talked to the town
3 administrator about it. Anybody else in the town
4 did you or in -- employed by the city, either the
5 police department or the town, did you talk to about
6 those allegations?
7 A No.
8 Q Just the town administrator?
9 A Yeah.
10 MR. PETER: And legal counsel.
11 Q And obviously, which I never want to know
12 about.
13 A No, I understand. I understand.
14 Q That's between you and your counsel.
15 Did the -- same question about the Prince
16 George's Human Rights Commission. Did they ever
17 interview regarding Donna's allegations?
18 A I only had one interview with them, so I'm
19 assuming it was --
20 Q Did they raise issues regarding both
21 allegations at that -- that interview?
22 A I believe so.
PLANET DEPOS
202
1 Q Okay. If we could -- in Tab 5 document --
2 it's document Schmidt Cheverly 543, it appears to
3 be -- and I know I call them duress statements -- I
4 guess it's a Notice of Duress Statement. It's dated
5 2/22/12.
6 Do you know any reason why a second notice
7 was issued to Mr. Schmidt?
8 A The only reason I can think of is that
9 Roskie wanted to present it himself so there would
10 be no question about the fact that -- and I think
11 because the time period between the issuance of the
12 two.
13 Q So if you turn, literally one page
14 forward, to document Schmidt v. Cheverly Defendant's
15 542, that's the initial duress statement issued on
16 December 5, 2011.
17 A Right.
18 Q And then subsequent to that, Roskie issues
19 another one. But it's your understanding they're
20 both about the same investigation; is that correct?
22 Q Okay. Are you aware of anything that
PLANET DEPOS
203
1 changed in the allegations between the two
2 statements, the allegations against Mr. Schmidt?
3 A No.
4 Q Now, you said you went and viewed the car;
5 correct?
6 A Right.
7 Q Did you testify at the -- at the trial
8 board for Mr. Schmidt?
9 A No.
10 Q Was there anything, when you viewed the
11 car, to indicate that Mr. Schmidt had -- had crashed
12 into something versus that Breckford when they were
13 putting it up on the ramp or doing whatever --
14 moving the around had somehow damaged the car?
16 Q Was there anything that you saw that
17 indicated who had damaged the car?
18 A No, the -- the public works director had
19 called me down to show me that their was damage, but
20 that was before any investigation revealed anything.
21 Q If you could turn to Schmidt v. Cheverly
22 Defendant's 636, it's in Tab 7 of this binder. And
PLANET DEPOS
204
1 just quickly, did you issue this letter of
2 commendation to Mr. Schmidt?
3 A Yes, I did.
4 Q And also in Tab 7, if you would turn to
5 Schmidt v. Cheverly Defendant's 639, and it's police
6 headline Cheverly Police Department Minor
7 Disciplinary Action Disposition Report.
8 Do you see that?
9 A Yes.
10 Q And this is failure to arrive to work on
11 time, and it appears to have been issued to Mr.
12 Schmidt on October 26, 2009.
13 When you talked earlier about that there
14 was administrative ways you could handle, I guess,
15 infractions other than doing a full duress statement
16 and a full L -- Law Enforcement Officer's Bill Of
17 Rights investigation, is this what you were
18 referring to?
19 A Yes, sir.
20 Q Okay. And so something like this is --
21 one of these in your file will not get you
22 terminated?
PLANET DEPOS
205
1 A No, 'cause none of these violations in and
2 among themselves are --
3 Q Terminal?
4 A -- result in termination.
5 Q Got you.
6 One of the sergeants who was employed
7 during the period of Schmidt's employment was
8 Sergeant Lamb.
9 Have you ever discussed these matters with
10 Sergeant Lamb?
12 Q These matters involving Mr. Schmidt's
13 allegations of retaliation or discrimination?
14 A I don't know that I ever brought it up to
15 him, but I know he's aware of it.
16 I think the whole Department became aware
17 of it, obviously, with Mr. Gizinski talking about it
18 with some regularity, but I -- I don't -- I don't
19 ever remember going to him and saying, "Listen,
20 here's the allegation."
21 Q Okay. Again, regarding Sergeant Lamb, did
22 you ever discuss -- well, did you ever discuss with
PLANET DEPOS
206
1 anybody, prior to terminating Mr. Schmidt in August
2 of 2012, did you discuss your intention to terminate
3 him with anybody at the department?
4 A Nobody knew that, not even the town
5 administrator knew what my position was going to be
6 on that. I didn't discuss it with anybody.
7 Q Okay. So that was wholly your decision?
8 A Yes.
9 Q Who is Michael Scanlan? Do you know a
10 Michael Scanlan?
11 A He's the owner of Scanlan -- it's a
12 fleet -- fleet mechanic.
13 Q Do they do -- perform work on the vehicles
14 for the department?
15 A Major work that are in the Public Works
16 Department.
17 Q Cannot do?
18 A Cannot do.
19 Q Have you ever met Mr. Scanlan?
20 A I've seen had him at the hallway at
21 that -- that trial board, but I don't know him.
22 Q Have you ever discussed -- obviously the
PLANET DEPOS
207
1 second question, have you ever discussed these
2 matters with Mr. Scanlan?
3 A No.
4 Q Okay. Dana Willis, you've already told us
5 earlier, is in the Department of Public Works;
6 correct?
7 A Correct.
8 Q Have you ever discussed the damage to the
9 car or these -- the allegations against Mr. Submit
10 with Dana Willis?
11 A No, I -- I -- I've obviously listened to
12 his testimony, but I don't think we've ever
13 specifically talked about it.
14 Q Okay. Prior to first class Ryan Kayville
15 (phonetic), did you ever discuss this matter with
16 him?
17 A No, I don't know why he was summons.
18 Q Have you told me everything about your
19 discussions with Joseph Frohlich regarding, I guess,
20 first it would be the -- the allegations of -- of
21 discrimination retaliation that were brought against
22 the department?
PLANET DEPOS
208
1 A I discussed most everything in this case
2 with Lieutenant Frohlich. He was my sounding board.
3 We talked about every issue, discussed what our
4 response was going to be, our -- our potentials,
5 talked about everything from retraining to
6 reassignment to termination. So we had intimate
7 discussions about every aspect of this case.
8 Q Okay. Now you said you discussed
9 termination, but just a minute ago you said the
10 decision to terminate was --
11 A No, no, no. During the course of this
12 thing we discussed all the possible outcomes, one of
13 which was termination. I wanted to hear what his
14 perspective would be. But the final decision was
15 made by me, independently, by me alone.
16 Q With no input from any -- well, you've
17 referenced the input you got from the State's
18 attorney's office, but other than that input and you
19 reviewing --
20 A No, I listened to what the lieutenant had
21 to stay and I listened to the trial board tapes and
22 things like that.
PLANET DEPOS
209
1 Q Okay. And what did the lieutenant say?
2 What was his recommendation regarding officer
3 Schmidt?
4 A I don't know if we ever got to the point
5 where he said I think this should happen or that
6 should happen. I listened to his position on those
7 things, and I don't recall he took a -- an
8 affirmative or a specific position.
9 Q Did he ever -- so he never affirmatively
10 took a position that "we need to terminate Officer
11 Schmidt," like a recommendation?
12 A You know, I don't recall that. But we had
13 dozens and dozens of private conversations
14 discussing every aspect of this case. He knew my
15 feelings about most everything.
16 What he didn't know was what the final
17 decision would be because I made it -- only after I
18 listened to all the tapes and reviewed all the
19 evidence in the case.
20 Q Now, regarding the -- the two -- the EEOC
21 charges that were filed against the -- against the
22 city and that named you. Did you ever discuss those
PLANET DEPOS
210
1 allegations was Lieutenant Frohlich?
2 A No, I don't think so. I think the -- the
3 only thing we talked about was Schmidt's
4 performance, the departmental accident, and the
5 subsequent investigation. I don't know that he was
6 even aware -- he could have been, I don't know. I
7 can't say whether he was aware of it. It was EEOC
8 or not.
9 Q So the only person you really discussed
10 this with is Mr. Dave Warrington, the Town
11 Administrator?
12 A And my counsel --
13 Q And obviously counsel. I don't want --
14 but I'm saying an employee of the -- of the city?
15 A It was known.
16 Q Right. You've made that clear --
17 A But I don't think that I specifically
18 brought it up.
19 Q Okay. Who's Juan Torres?
20 A He's the director of public works.
21 Q Have you ever discussed these allegations
22 regarding the accident with Mr. Torres?
PLANET DEPOS
211
1 A Only Mr. Torres brought it to my attention
2 at the very initial stage that the -- the vehicle
3 had been severely damaged.
4 Q How about Ricardo Benito?
5 A He's another mechanic that works for
6 public works.
7 Q Have you ever discussed this -- the -- the
8 termination of Mr. Schmidt or anything to do with
9 this case with him?
10 A No.
11 Q Have you told me everything about your
12 discussions -- other than the discussion with
13 Mr. Gizinski when he asked for leave donation to Mr.
14 Schmidt, have you had any other discussions with Mr.
15 -- Officer Gizinski regarding the allegations
16 against Mr. Schmidt that were brought by the town?
17 A Yes.
18 Q What discussions did you have with him?
19 A I believe I wrote a memorandum, so I don't
20 remember the date. But I was returning from a
21 medical marijuana commission meeting in Baltimore,
22 and as I entered the building, he called me over to
PLANET DEPOS
212
1 the side and made the statement to me that all of
2 these rumors that were floating around the building
3 that he made statements against me or -- or
4 allegedly heard me made statements were all false,
5 and he never contributed in anything.
6 Q Who is he? This is Mr. Gizinski said
7 this?
8 A Corporal Gizinski. (Unintelligible) by
9 me. He came out and said: Everything you're
10 hearing about me making these allegations is false.
11 I've never said anything.
12 Q Yet subsequent to that, him telling you
13 that, he's now -- has made allegations against you
14 that are in his affidavit?
15 A Or made them before he told me that. I
16 don't -- I don't --
17 Q But what I'm saying is this -- okay.
18 A I don't know that specific timeline.
19 Q Okay. But he told you he had made no
20 allegations against you?
21 A Correct.
22 Q Other than Mr. Gizinski telling you he had
PLANET DEPOS
213
1 made no allegations against you, has he ever -- you
2 ever had any other discussions regarding the matters
3 at issue in this case?
4 A No, not -- you mean with him?
5 Q With Mr. Gizinski?
6 A No.
7 Q I just want to make sure. So the
8 discussions with Mr. Gizinski that are -- that you
9 had and that you will testify to under oath, is he
10 came to you believing himself to be representing the
11 FOP. But he came to you asking for leave donation
12 and was explained that that was denied and why, and
13 he came to you to say that everything -- everybody
14 who's saying that I'm spreading rumors regarding you
15 and that I'm making statements against you, are
16 false?
17 A Correct.
18 Q And I'm not spreading rumors or making
19 statements against you?
20 A I wrote it more --
21 MR. PETER: Objection; you can answer.
22 A Okay. I wrote it more fully in a memo,
PLANET DEPOS
214
1 but that's the gist of it.
2 Q And so you're saying there's a memo to
3 this extent? And does counsel know? I do not
4 recall seeing this memo. Can you double check if
5 this memo exists?
6 MR. PETER: Yes.
7 Q But to the extent you wrote this memo, did
8 you turn this over -- you believed you turned this
9 over to counsel?
10 A Yes.
11 Q Okay. So it should be in the case file
12 somewhere. I don't recall seeing it. It's been a
13 long day.
14 MR. PETER: I'll double check, Counselor,
15 no problem.
16 Q And other than those two conversations,
17 have you had any other conversations with
18 Mr. Gizinski regarding this case?
19 A Not that I recall.
20 Q Turning to Officer Stone, there was a lot
21 of testimony about allegations he made against you
22 and you denied them.
PLANET DEPOS
215
2 BY MR. CABANA:
3 Q Have you -- and you've denied those
4 allegations and I'm not going to revisit them, or
5 your counsel will go off.
6 But have you had any conversations
7 regarding the allegations in this case with Officer
8 Stone at any time?
9 A No.
10 Q Have you had any conversations regarding
11 the allegations in this case in Officer Stone's
12 presence that you recall?
13 A I wouldn't speak around him.
14 Q Okay. So again, he testifies -- you've
15 seen his statement. Anything he testifies that
16 you've said, you would not have spoken around him?
17 A Is a lie.
18 Q Is a lie? Okay.
19 A Is a lie.
20 Q Okay. You've told that -- we went over
21 Sergeant Lamb and you've told me you've had no
22 conversations with him regarding this case; correct?
PLANET DEPOS
216
2 Q Is that your recollection?
3 A He informed me about Schmidt's utterance
4 on the day of public safety day, that he had injured
5 his hernia, or reinjured his hernia, and, I mean,
6 we've discuss --
7 Q Lamb told you about that?
8 A Yeah.
9 Q And then, subsequent to that, have you had
10 any conversations with Mr. Lamb regarding either --
11 further discussions with him regarding the workers'
12 compensation claim by Mr. Schmidt?
13 A Nothing. Nothing to do with workman's
14 compensation.
15 Q Okay. Well, the reinjuring of hernia
16 would have relevance to that?
17 A Well, relevant to that, your right.
18 Q But I'm saying, after he told you that,
19 any subsequent conversations?
20 A No.
21 Q Have you had any conversations with
22 Mr. Lamb regarding the allegation -- the -- the
PLANET DEPOS
217
1 sexual harassment and retaliation allegations in
2 this case?
3 A He was aware of them, and he's aware of my
4 denial of them.
5 Q Okay. But you -- but you specifically had
6 conversation --
7 A No, didn't sit down and explain the
8 allegations to him nor ask his opinion.
9 Q And again, regarding the trial board and
10 the termination of Mr. Schmidt, did you have any
11 discussions with Mr. Lamb regarding those issues?
12 A I think I discussed with the supervisors
13 what their positions would be based on the knowledge
14 they had of the case, seeking their advice. But I
15 did not relay to them or sit down and try to give my
16 reasons for what I thought was the appropriate
17 punishment.
18 Q Okay. Did Mr. Lamb ever give you a
19 recommendation help days on what he thought should
20 be done with Mr. Schmidt subsequent to the --
21 A If he did, I don't -- I don't recall it.
22 Q And you did not rely on that on making a
PLANET DEPOS
218
1 decision?
2 A I made on no -- I relied on nobody but
3 myself.
4 Q Anything else regarding this case that you
5 recall that you ever discussed with Mr. Lamb or have
6 you told me?
7 A No, I mean, nothing jogs my memory that I
8 had any.
9 Q Okay. Other than the people I've named,
10 is there anybody else, and I don't want to know
11 about your counsel or any other lawyers, but anybody
12 else you've discussed this case with that you have
13 not told me about?
14 A No, not that I can think of.
15 Q Okay. Did -- did you ever go to Sergeant
16 McGuire regarding his recommendation on what should
17 be done with Mr. Schmidt following --
18 A No.
19 Q Who is Ronald Zaw? Do you know Ronald
20 Zaw? Z-A-W? Is that a name that --
21 A I think he works for Breckford, maybe.
22 Q He's not an employee of the city?
PLANET DEPOS
219
1 A No, I'm trying to remember the people at
2 the trial board, I think he works for Breckford.
3 Q Okay. And you've never discussed this
4 with him?
5 A I wouldn't know him if he walked in here.
6 Q Okay. Have you ever discussed -- have you
7 ever spoken with anybody at Breckford regarding this
8 case?
9 A No.
10 Q Okay. If you could turn to Tab 7,
11 document Schmidt v. Cheverly Defendant's 67 --
12 A 678?
13 Q 678 it starts off, yes. It's dated
14 March 19, 2012?
15 A Right.
16 Q And I guess 678 is to Corporal Gizinski
17 ordering him to appear to speak with the Prince
18 George's County Union Relations Commission
19 investigation?
20 A Right.
21 Q Did you sit in on that interview?
22 A There was no interview. He came in and
PLANET DEPOS
220
1 said: I'm not making any statement.
2 And he left.
3 Q So were you -- you were present when he
4 came in and did that or did you learn about that
5 after the fact?
6 A No, I -- I think I was there.
7 Q Was it your intention to sit in on the
8 interviews?
9 A I -- I have never done one of those
10 before. I don't know. I was there, the human
11 relations commission was there, and our lawyer. And
12 they called him in, in my presence. I didn't --
13 they directed the -- the thing, not me.
14 Q And what exactly did Mr. Gizinski say?
15 A He said: I don't wish to make a statement
16 at this time.
17 Q And that's all he said and then left?
18 A And then left.
19 Q Okay. Turning the page, now we're dealing
20 with Sergeant Matthew McGuire, and he still -- you
21 said he's now left the department. Do you recall
22 when he left, roughly?
PLANET DEPOS
221
1 A No, I'd have to go back and look at his --
2 Q But at this point he's still a member of
3 your --
4 A They didn't call him in.
5 Q So he was ordered to make himself
6 available? He -- to the best of your --
7 A He was there.
8 Q They never interviewed him?
9 A They never called him in.
10 Q Okay. The next person is Corporal Earl
11 Stone?
12 A Came in and said: I don't wish to make a
13 statement. Left.
14 Q Turning had the page. Lieutenant
15 Frohlich?
16 A He was there, but they never called him
17 in.
18 Q Was this the same day that they
19 interviewed you? On or about the same day, or was
20 this on a different day?
21 A No, it was all in one day.
22 Q Okay. So they --
PLANET DEPOS
222
1 A They told me ahead of time who had to be
2 there.
3 Q Okay.
4 A These people, but they ended up only
5 interviewing me.
6 Q Okay. So there is no interview with these
7 people. Okay. Because two refused and then the
8 other two, they never called in?
9 A Right.
10 Q Turning to right in front of Tab 8. I
11 think we've touched on and is -- other than the fact
12 that sometime in October 2013, the court -- the
13 Circuit Court ordered -- I said -- sorry. Turn back
14 the document that -- the last document right before
15 Tab 8. It's the memorandum opinion by the Circuit
16 Court. It starts at 682.
17 A Okay. Right.
18 Q Okay. But for this decision by the
19 Circuit Court, I just want to be clear, you would
20 have never reinstated Mr. Schmidt; correct? He was
21 terminated in August 2012 by you; correct?
22 A Correct.
PLANET DEPOS
223
1 Q And but for this decision, a court order,
2 he would have stayed terminated until the present;
3 correct?
4 A Correct.
5 Q Now, we're turning to Tab 8, and I know
6 we're trying to get out of here quickly.
7 If you turn into document Schmidt v.
8 Cheverly Defendant's 698, it's Charge of
9 Discrimination filed with the Prince George's County
10 Human Relations Commission and also appears to be
11 cross filed with the EEOC that has a number --
12 agency number of 12/8/2013, 0002. And it's claiming
13 retaliation starting on November 29, 2011, and going
14 it 8/13/2012, and it is signed my Mr. Schmidt on
15 October 2, 2012.
17 A Yeah, I believe -- I believe
18 Mr. Warrington gave me a copy of it.
19 Q And when he gave it, a copy of it, to you,
20 did you discuss it with him?
21 A I don't -- I don't recall any discussion
22 because it was pretty straight forward.
PLANET DEPOS
224
1 Q And then it goes through: I believe the
2 respondent retaliated against me in the terms
3 conditions, privileges, and involuntary discharge of
4 my employment because I filed a charge of
5 discrimination against respondent.
6 The -- the second line after that: In
7 April of 2008, I gained employment with the
8 respondent as a police officer.
9 Is that -- does that sound like a true
10 statement?
11 A Yes, it's -- in April something, 2000 --
12 Q Right. Obviously we don't have the exact
13 date, but in that month?
14 A Right.
15 Q In July 2010, I was promoted to private
16 first class.
18 BY MR. CABANA:
19 Q Do you have any reason to doubt that
20 actually happened?
21 A No.
22 Q Okay. On November 29, 2011, I filed a
PLANET DEPOS
225
1 charge of discrimination, and I know you don't agree
2 with the charge of discrimination, but there was one
3 actually filed; okay?
4 Then it goes: Since filing my initial
5 discrimination complaint, I have been subjected to
6 the following retaliatory actions by the respondent.
7 On January 24, 2012, I was given a written warning
8 for an alleged violation of department policy.
9 And we've looked, and you've testified
10 that there was a written warning given to him. Do
11 you recall seeing that document?
12 A Performance Counseling Form.
13 Q Right. Okay. So that's -- that actually
14 did happen.
15 From April 2012 through August 2012, I was
16 suspended from my police duty.
17 And you've testified that you did suspend
18 him from your police duty; correct?
19 A Correct.
20 Q And then it says: I was resigned to the
21 departments's Code Enforcement Unit and Photo
22 Enforcement Unit.
PLANET DEPOS
226
1 Is that true? Did you --
3 BY MR. CABANA:
4 Q Did you reassign him to those?
5 A Yes.
6 Q And then it says: On August 13, 2012, the
7 respondent terminated my employment.
8 I believe, and that's true also?
9 A Correct.
10 Q Okay. Turning to Schmidt v. Cheverly
11 Defendant's 721, it's also -- it's farther back in
12 Tab 8.
13 Who is Mrs. Brittany L. Stone?
14 A She's the wife of Earl Stone, Jr.
15 Q Is that Earl -- is that the officer Earl
16 Stone's son?
17 A Who is also a police officer; right.
18 Q At your force?
19 A Yes.
20 Q So you have two -- well, you now have one.
21 You had two Earl Stones --
22 A He subsequently went on to Charles County
PLANET DEPOS
227
1 Sheriff's office. He went on to a bigger agency.
2 Q So this is Earl Stone, Jr. has now moved
3 on to the Charles County Sheriff's?
4 A Right.
5 Q And this is his wife of the junior?
6 A Right.
7 Q Have you ever seen this document before?
8 A Yes.
9 Q Did you ever -- it says here that you
10 touched her in an inappropriate manner by kissing me
11 on my cheek, trying to dance with me closely, and
12 pulling me forcibly into his body by my waist so I
13 could feel his genitals through his pants.
14 I guess, let's -- breaking that down --
15 well, first thing, in December of 2009, did you even
16 attend an event where she was present?
18 A No.
19 Q Have you ever been at -- have you ever met
20 this woman?
21 A Yes. It wasn't in December 2009. I think
22 we've already established that.
PLANET DEPOS
228
1 Q Is this at the same alleged event? Is
2 this also December 2008?
3 A They both got the wrong -- wrong date I
4 suspect. I don't know.
5 Q So you believe that she's writing about
6 the same Christmas party?
7 A I do, yes.
8 Q Okay. So she -- was she at the Christmas
9 party in December 2008?
10 A Yes.
11 Q Okay. Did you dance with her -- attempt
12 to dance with her at that party?
13 A I don't recall I did that.
14 Q Did you dance with anybody?
15 A I think my wife.
16 Q Are you a person who likes to dance? Do
17 you dance often?
18 A No, I can dance with my wife. If you saw
19 me dance, you would know why.
20 Q So are you one of those people that has to
21 be pulled out on the dance floor?
22 A No. I'll go willingly, but it's not a
PLANET DEPOS
229
1 pretty sight.
2 Q Okay. And you've already testified
3 earlier that you only had three or four beers at
4 that party and then switched to -- was it coke or
5 diet coke?
6 A No, Coke. Coke or Sprite, one of those
7 two.
8 Q Okay. Have you ever been at an event, a
9 police function, and gotten intoxicated?
10 A No.
11 Q Okay.
12 A I'd fall asleep before I got intoxicated.
13 Q She says you touch -- she says -- she
14 claims you touched her inappropriately, and then --
15 A That's not true.
17 Q Okay. She say's you -- by kissing me on
18 my cheek. Did you ever kiss any woman -- her on the
19 cheek at that event?
20 A No.
21 Q Did you kiss any woman at that event other
22 than your wife on the cheek?
PLANET DEPOS
230
2 A No.
3 Q Okay.
4 A My sister-in-law was there and she'd be
5 the next closest one but I didn't.
6 Q Are you a touchy-feely person or are you
7 standoffish?
9 A I'm not standoffish, no. I don't --
10 Q But are you a hugger when you go into a
11 room? Do you hug all the women --
13 A I'm not really a hugger either.
14 Q Okay.
15 A If there's a middle ground, that's where
16 I'm at.
17 Q Okay. Next party -- so you're -- you're
18 denying that you ever tried to dance with her;
19 correct?
20 A I don't recall dancing with her. I recall
21 her being there. They arrived late, and it struck
22 me that they left early.
PLANET DEPOS
231
1 Q So obviously if you didn't -- you never --
2 and then this next part is: Pulling me forcefully
3 into his body by my waist --
4 A No.
5 Q Never happened?
6 A No.
7 Q Denying that? Okay?
9 Q Then it says --
11 BY MR. CABANA:
12 Q Then it says in the second paragraph, on
13 September 18, 2010, the police chief, male, was
14 attending event. I was attending as well. Did you
15 ever attend a police function or a function in
16 September of 2010 where she was present?
17 A The only time I saw her after that was at
18 her wedding and then her father-in-law's wedding.
19 Q This would be Earl's wedding, Earl senior?
20 A Her wedding to Earl Jr. then his -- her --
21 his father's wedding to -- I don't know his
22 wife's --
PLANET DEPOS
232
1 Q His current wife?
2 A Current wife.
3 Q Got you. Okay.
4 She says you made inappropriate comments
5 to her including: Where's your old man? If you
6 were my lady, I wouldn't leave you alone.
7 Did you have any conversation with her at
8 --
9 A No, I had no personal conversation with
10 her ever.
11 Q She claims you inappropriately touched her
12 and grabbed her breasts. Have you ever grabbed her
13 breasts?
14 A I never have.
15 Q And then, you know, she says -- she claims
16 you've made derogatory and inappropriate comments to
17 her including: God damn, you look sexy. I bet your
18 husband fucks you good.
19 Did you ever make those comments to her?
20 A I've never had a private conversation with
21 her.
22 Q So then that -- so you're -- this --
PLANET DEPOS
233
1 you're denying this document?
2 A That's absolutely correct.
3 Q Okay. Do you have any reason to know why
4 she would make these statements against you? What
5 her motive would be?
6 A Do you want me to speculate?
8 Q Yes, I am asking you to speculate.
9 A I can't say I-- I know specifically why.
10 I know her -- her and Donna Schmidt are very close
11 friends, and based on the fact that the allegations
12 were similar to the same wrong date, that they
13 corroborated a been made these statements together,
14 unless, they both just independently got the wrong
15 date.
16 Q Was her husband under any threat of
17 termination or any disciplinary action while he was
18 at your force?
20 A I recall an incident where he failed to
21 answer the radio in response to a call, either for
22 assistance from somebody else or it was a serious
PLANET DEPOS
234
1 call that we would have probably counseled him
2 about. But he was leaving to go to the other agency
3 so we didn't do anything with that.
4 Q But nothing -- unlike you've testified as
5 to --
6 A He didn't leave because of disciplinary
7 issues.
8 Q Right. Okay. It was nothing that was
9 going to force him to leave your agency?
10 A No.
11 Q Okay. Did he have any animosity to you
12 that you're aware of?
13 A No.
14 Q When you saw this, were you shocked?
15 A Yes.
16 Q Do you feel there's a big conspiracy
17 against you with all these people making these
18 allegations?
20 A My response to that would be that these --
21 all these negative comments are attributed to a
22 small group of people who are not representative of
PLANET DEPOS
235
1 the Cheverly Police Department.
2 Q If you could turn to Tab 10, document
3 Defendant's 733. It's about 15 pages in, Tab 10. I
4 just want to ask you, do you -- do you see it --
5 it's a -- from John Breads Jr., Director of Legal
6 Services to the investigator for the Prince George's
7 County -- Prince George's County Commission on Human
8 Rights. I just want to reference you to the third
9 paragraph down, the first allegation on
10 September 29, 2011. Officer Schmidt was involved in
11 a work-related motor vehicle accident, and I just
12 want the to confirm for the record that --
13 A I'm not sure where you're at.
14 MR. PETER: Counsel, you've asked this
15 question already.
16 Q Just want to confirm for the record that
17 when counsel, your -- your counsel wrote this to --
18 the city's counsel wrote this to --
19 MR. PETER: Okay.
20 Q That -- that -- that's incorrect?
21 A Correct.
22 Q Okay. That that never -- on that date
PLANET DEPOS
236
1 there was never a work-related accident; correct?
2 A Correct.
3 Q Okay.
4 MR. CABANA: That's it. I have no further
5 questions.
6 MR. PETER: We'll read and sign.
7 THE REPORTER: And just before we go off
8 the record, can I just have your copy order?
9 MR. CABANA: Yeah, what is the standard?
10 It's like ten day -- ten business days? I think
11 just email would be fine.
13 MR. PETER: We will take an email copy
14 with the manuscript, full size and an index, and the
15 exhibits attached.
16 MR. CABANA: I definitely want an index.
17 Just have them call me. That won't delay it much.
18 THE REPORTER: Sure. No problem.
19 (Off the record at 4:31 p.m.)
20
21
22
PLANET DEPOS
237
1 ACKNOWLEDGMENT OF DEPONENT
2 I, CHIEF HARRY ROBSHAW, do hereby acknowledge that I
3 have read and examined the foregoing testimony, and the
4 same is a true, correct and complete transcription of the
5 testimony given by me and any corrections appear on the
6 attached Errata sheet signed by me.
9 _____________________ ______________________________
(DATE) (SIGNATURE)
10
11
12
13
14
15
16
17
18
19
20
21
22
PLANET DEPOS
238
1 CERTIFICATE OF NOTARY PUBLIC
2 I, FAZIER WALLE, the officer before whom the
3 foregoing deposition was taken, do hereby certify that
4 the witness whose testimony appears in the foregoing
5 deposition was duly sworn by me; that the testimony of
6 said witness was taken by me in stenotypy and thereafter
7 reduced to typewriting under my direction; that said
8 deposition is a true record of the testimony given by
9 said witness; that I am neither counsel for, related to,
10 nor employed by and of the parties to the action in which
11 this deposition was taken; and, further, that I am not a
12 relative or employee of any counsel or attorney employed
13 by the parties hereto, nor financially or otherwise
14 interested in the outcome of this action.
15
16 FAZIER WALLE
17 Notary Public in and for the
18 State of Maryland
19
20 My commission expires:
21 March 26, 2018
22
PLANET DEPOS
239
A accusing administrative 209:8

ability 151:6,7 37:8 39:8 92:10,12 affirmatively
6:5 acknowledge 101:10 154:15,17 209:9
able 237:2 156:1 195:1 204:14 affirmed
7:21 59:17 185:20 acknowledged administrator 5:4
absence 17:22 127:6 3:16 7:11 21:14 34:4,5 aforementioned
169:18 Acknowledging 35:13,16 36:3 37:22 174:6
absences 127:5,19 38:1,6,9,12 39:11 age
34:14 ACKNOWLEDGM... 40:4,6 42:3,7,19 44:5 198:3,5
absolute 237:1 46:15 101:17 102:19 agencies
80:14 act 103:14 160:22 168:21 36:2 103:3 104:20
absolutely 122:6 160:20 170:8 173:21 174:1 105:6 177:15
64:21 85:10 89:1 action 174:16 176:16 177:16 agency
124:12 164:5 233:2 34:4 71:9 107:8 116:16 199:10 201:3,8 206:5 46:8 145:3 223:12
abuse 126:9,15 127:13 210:11 227:1 234:2,9
157:12,17 128:2,17 129:1,14,15 administrator's ago
academy 171:16 173:8 174:6 38:18 39:3,9 176:21 106:20,21 208:9
106:20 187:12 204:7 233:17 238:10 admit agree
accept 238:14 15:5,9 141:22 66:2 174:12 225:1
109:9 actions admits agreed
accepted 35:15 36:3 162:11 17:8 153:1,4,4 156:21 197:6
78:3 225:6 admitted agreement
accepting active 18:16 43:8 78:2 188:21 77:20 152:5
72:13 73:20 74:3 41:19 admitting ahead
accident activities 20:3,15 87:5 222:1
27:9 118:2 122:20 50:5 advance AL
123:4,10,12 130:11 actual 54:3 1:4
130:19,21 133:22 78:12 79:18 113:5 adverse alcohol
134:19 137:19 138:11 158:4 160:6 165:22 129:19 142:14,18 143:8,12
144:6,9,10,20,22 actuality adversely alcoholic
145:6 175:13 210:4 151:5 154:21 126:4 129:18 56:13,16
210:22 235:11 236:1 added advice Alexandria
accidents 143:7 36:22 76:11 217:14 3:6
107:12 134:21 addition advise allegation
accomplish 145:21 157:12,17 33:14 17:2 50:17,18 52:17
12:10 additional advised 72:11 139:6,17 144:4
account 116:16 141:12 33:10 185:16 171:10 181:1 205:20
74:17,20,22 152:22 Additionally advises 216:22 235:9
166:16,17 184:4 35:13 allegations
accurate addressed Affairs 15:5,6,13,15,18,19
43:10 182:10 133:12 161:19 77:2 17:9 50:18,20 87:5,9
accusations adjudication affidavit 87:18,20,21 88:1,18
86:8,12,17,20,21,22 154:17 65:5 66:20 95:4 137:10 91:8 94:21 104:8,10
160:1 161:11 194:3 administer 139:2 140:19 212:14 105:14 106:7,10
accused 6:13 affidavits 107:1 113:7 136:11
124:15 138:3,10 administration 52:14 61:10,12 137:2 139:7,10,12,16
146:10 151:8 194:2 13:5,10 affirmative 140:13,14 141:6,7
PLANET DEPOS
240
159:9 160:7 161:13 162:8 anyway 191:6 196:16

161:18,20 162:20 animosity 96:18 199:1 arrive
163:1,3 165:6 166:20 69:6,11,22 72:10 80:18 apologize 204:10
167:16 168:22 171:8 189:11,14 234:11 46:3 58:20 133:4 196:9 arrived
174:3 178:22 179:5,6 announced appear 230:21
179:7 181:2 187:22 199:19 219:17 237:5 article
194:13 199:3 201:1,6 answer appeared 177:21 178:5
201:17,21 203:1,2 4:9 14:2 15:8 16:7 17:4 12:3 34:18 190:22 asked
205:13 207:9,20 17:6,11 18:7,21 19:4 appears 51:11,12 92:1 99:10
210:1,21 211:15 22:4 23:6 28:22 47:4 175:8 177:20 179:12 180:22 211:13
212:10,13,20 213:1 34:20 35:1 36:6 42:1 178:5 185:3,10 202:2 235:14
214:21 215:4,7,11 43:1 49:13 50:7,13 204:11 223:10 238:4 asking
217:1,8 233:11 53:6,22 57:15 69:9,13 applied 37:15 40:8 50:1 51:15
234:18 99:2 104:13 107:3 6:18 53:9,18 69:18 99:11
allege 123:7 126:2,5 138:5 appoint 103:3 104:20 121:6
95:1 138:13 139:19 147:21 95:13,15,22 196:18 183:4 213:11 233:8
alleged 149:8 159:11 179:9 appointed asks
107:19 122:19 162:3 182:6 183:8 189:12 195:22 197:3 16:19
225:8 228:1 189:18 191:19 192:7 appointment asleep
allegedly 194:18 213:21 216:1 196:20 197:9 229:12
29:13 212:4 227:17 229:16 230:1 appoints aspect
alleging 230:8 231:8 233:7,19 95:7 208:7 209:14
52:15 186:16 233:21 234:19 appraisal ass
allow answered 158:9 195:19 105:19 106:1
100:16 15:1 approach assign
allowed answering 172:5 143:20
18:4 107:19 193:1 6:9 approached assigned
amended answers 23:16 103:8 105:20 77:5 132:20,22 134:16
4:8 14:6,15 17:10 6:5 51:9 116:3 appropriate 143:16,18
American anybody 54:16 217:16 assignments
49:1 54:17 55:19 56:1 7:7 12:18 13:21 22:11 approved 143:11
60:14 65:21 33:13 39:19 42:17,21 95:20 143:5,9 assigns
amount 43:21 58:1 84:20 approximately 143:22
12:11 35:8 91:22 93:14 97:3 5:17 7:18 27:5 assistance
amounts 100:9,22 101:4 April 113:10 233:22
123:13 106:22 107:11 119:18 188:20,20,22 224:7,11 Association
analyze 119:19 120:4,10,15 225:15 164:21
89:21 137:3,6,15 147:13 arbitration assume
ANDREW 148:13 152:19 159:21 18:3 5:19 57:10 59:13 78:4
3:3,4 161:4,9 166:19 173:4 area 106:19 113:17 193:11
Angel's 184:9,19 189:4 199:6 55:20,22 56:4,8,11 assumed
142:13 199:12,19 200:6 60:2,6,8,9,13,17 30:9 32:18
anger 201:1,3 206:1,3,6 argument assuming
160:16,17,20,21 161:7 218:10,11 219:7 51:5,7 57:18 95:1 119:5
194:16 228:14 arising 175:14 201:19
angry anymore 158:12 assured
160:9,14,22 161:2,5,10 91:17 arrest 128:6
PLANET DEPOS
241
ate 122:15 197:11,12 221:1 222:13 226:11 31:11 33:7 34:11

60:12 authorized background 37:7 39:7 43:17
attach 19:20 7:1 106:13 44:12,19 45:14 48:6
158:7 available balance 55:10 59:6,19 60:11
attached 166:7 221:6 33:19,21 34:1 66:1 61:19 69:21 72:9
4:6 14:9 16:4 165:16 Avenue 100:18 75:2 76:7,16,16 81:12
166:3,4,9 236:15 3:5 balances 85:20 86:4 91:16,17
237:6 award 35:20 99:7,13,16,17,18
attachment 184:14 185:4 Baltimore 100:7,11 102:5
166:9 aware 211:21 103:19 123:18 130:20
attempt 24:20 25:3,17 36:9 bank 131:1 144:17 158:2
228:11 42:3 44:3,10 61:8 18:14 25:13 162:22 163:17 166:22
attempted 78:10 80:4 82:14 banks 169:3,3,4 174:5
79:2 84:15 87:15 88:19 92:21 17:21 187:18 192:1,3
attend 115:10 120:13,13 bar 197:16,20 198:9,22
227:16 231:15 124:4,6,17 130:14 56:4,8 201:22 211:19 223:17
attended 131:9,20 132:5,17 based 223:17 224:1 226:8
47:21 137:8,22 144:7,14 190:22 194:19 217:13 228:5
attending 145:6,21 146:17 233:11 believed
231:14,14 161:12,17 165:4 basically 26:8 27:7 28:17,20
attention 170:15,22,22 171:7 42:10 110:4 176:2 29:6 33:3 98:18
36:10 41:5,17,20 43:20 171:10 174:12 188:20 177:10 99:18 100:4 102:9
46:11,13,19 74:20 202:22 205:15,16 basis 163:20 192:13 214:8
75:5 103:19 104:4,9 210:6,7 217:3,3 8:14 40:16 59:18 believing
104:10 130:12 146:4 234:12 Bates 193:14 213:10
168:20 178:9 211:1 a.m 45:7 65:7 168:10 belittled
attorney 1:15 bathroom 79:14
78:1,7 79:11 85:3 56:4 bend
112:3,11 113:10 B bathrooms 68:17
114:15 164:16,18 B 56:5 Benito
165:5,7,13 191:10,12 4:5 bearing 211:4
238:12 bachelor's 53:15 Bernard
attorneys 106:16 beer 93:16
77:21 78:4,5,8 97:17 back 56:20,21,21,22 57:4,20 best
111:2 152:6 165:1,4 8:20,21 33:12 43:2,3 beers 6:5 9:11 26:4 27:13
191:3 43:14 48:13,14,15 229:3 33:13 41:1 46:14
attorney's 54:11 59:20,21 64:13 behalf 57:17 62:10 76:12
191:22 194:20,22 64:14 81:3 88:10 3:2,9 16:9 17:5,14 136:12 167:21,22
208:18 95:3 103:16 104:10 68:13 71:16 105:2 168:2 221:6
attributed 105:4 106:3 111:8 111:2 122:6 bet
234:21 112:2,21 114:17 behavior 232:17
August 118:13 120:6 121:8 50:1 103:4 104:21 better
10:1 21:20 22:9 83:19 121:11,15 122:2,4,17 belief 84:5 85:7
141:21 190:17 191:10 125:2 134:13,15 27:2 beverages
193:21 206:1 222:21 135:7,8,9,10,11 believe 56:14,16
225:15 226:6 136:14 157:10 161:8 9:18 24:12 25:11 27:3 big
authority 172:16 173:2 177:18 28:5 29:7,18 30:19 110:7 163:8 164:8
179:7 186:19 195:3
PLANET DEPOS
242
234:16 bought 38:20,21 142:2 164:13 203:19

bigger 62:21 business 211:22 220:12 221:9
227:1 bound 142:11 236:10 221:16 222:8
Bill 18:5,7 businesses calling
112:12,15 153:17 Brady 142:7,9 143:1,3 69:16 103:2 104:19
204:16 165:2 buy 133:4,9 150:18 154:2
binder brand 62:18 63:1 194:3
203:22 57:1 calls
binding Breads C 137:16
18:2 16:11 235:5 C car
bit break 3:1 4:1 5:1 137:20 138:11 143:21
49:19 123:15 169:14 22:22 140:21 168:5 Cabana 203:4,11,14,17 207:9
blah 183:15 3:3,4 4:3 5:8 6:12,15 career
196:19,19,19 breaking 8:10 14:5,10 15:11 72:12 73:20 91:12
Blazer 227:14 16:1,5 19:8 20:14 106:8 107:1
93:22 breasts 22:5 23:8 29:21 30:4 carnal
board 232:12,13 35:6 36:8 39:16 42:8 63:21
7:9 18:11 65:15,21 Breckford 43:7 45:19,22 46:5 carrier
80:12 81:11 82:10 203:12 218:21 219:2,7 48:10,12 49:15 50:2,8 169:13
95:14 96:1,13 97:19 Brian 50:12,16 51:6,15 Carrollton
123:3 150:4 151:22 179:2,7 52:10,14 53:5 54:4,10 68:10 70:3,20 71:16,21
163:11,17,22 190:7 brief 57:16 66:4 69:10,14 72:1,3 74:4,9
192:4,10,13,19 193:6 75:12 69:18,20 71:5 73:18 cars
193:7,10,12 194:21 briefly 75:16 76:1 87:22 143:20,22
195:1,2 203:8 206:21 103:8 88:2 89:12 93:2 96:5 case
208:2,21 217:9 219:2 bringing 97:14 99:6 104:16 1:6 14:19 23:17 27:6
boards 159:8 163:5 174:2 107:6 109:16 110:11 28:19 31:8,16,16
95:8,9,13 96:8 192:12 brings 123:8 137:12,14 32:15 35:18 37:20
193:4 153:21 138:8,15 140:4,17 38:11 52:9 58:9
board's Brittany 148:4 149:10 151:13 78:17 80:2 100:16,19
156:20 226:13 151:18 152:8,17 107:17 110:20 114:19
body broker 157:16 159:13 166:6 129:16 132:20 135:2
227:12 231:3 23:21 166:12 168:6,8 183:6 156:3 163:18 166:14
book brought 183:14,17 190:5 166:21 167:3,9 178:6
14:5 64:14 65:4 81:3 36:10 41:5,20 43:20 196:4 215:2 224:18 179:6 181:6,7 186:18
109:21 110:7,7,14 46:11,13,19 74:19 226:3 231:11 236:4,9 195:9 199:20 208:1,7
111:9 196:2,3,10 75:5,19 77:18 82:9,9 236:16 209:14,19 211:9
books 92:10,12 94:17 call 213:3 214:11,18
196:6 103:19 104:4,9,10 6:17 31:13 32:12,12,16 215:7,11,22 217:2,14
border 117:17,22 130:10 42:12,18 63:5 121:1 218:4,12 219:8
49:22 52:5 146:4 168:20 178:9 142:4 153:9 164:18 cases
bottled 187:22 205:14 207:21 164:19 168:17 178:16 26:16,17 27:11 28:15
56:21,22 210:18 211:1,16 181:15 183:12 202:3 30:20,21,22 31:15
bottles building 221:4 233:21 234:1 32:1,2 100:18 155:22
57:4,20 39:3 199:16 211:22 236:17 156:8
bottom 212:2 called Cathcart
82:2 125:16 buildings 27:20 33:1 71:16 55:6 58:12 63:22 64:2
136:17,22 137:10
PLANET DEPOS
243
64:9 67:19 68:16 118:8,11 124:19 78:21 80:10 83:9,10 100:6 101:1,6,17,20
69:1 70:4 74:8 88:8 162:16 168:17,18 83:20 84:4,7,12 95:6 107:4,7 114:21 115:3
91:5 92:14 96:20 170:20,20 177:9 97:8,10,15 98:11 158:12 175:8,13
128:10 147:7 152:12 181:20 183:22 223:8 103:2,3 104:19,20 184:1 216:12
Cathcarts 224:4 225:1,2 105:18 110:10 118:7 claimed
75:10 charged 122:8 123:18 130:2 11:11 27:5
Cathcart's 76:12 136:17 137:1 141:19 claiming
72:6 charges 145:8 160:7 162:11 10:9 144:8 179:1 194:8
cause 77:19 82:14 92:11,13 174:8 184:4 185:18 223:12
205:1 92:16 116:5 117:17 190:3 193:7 196:8 claims
caused 117:22 118:3 124:7 231:13 237:2 24:2,6,7 158:17 175:7
61:1 136:3 162:5,7 163:13 171:7 Chiefs 229:14 232:11,15
cc'd 209:21 164:21 clarification
174:19 Charles chief's 8:8 183:5 190:4 215:1
certain 226:22 227:3 186:9 224:17 226:2
14:18 35:12 44:13 check choose clarified
82:16 107:20 108:16 7:1 29:21 30:2 166:6 95:18 188:17 140:7
167:10 166:11 167:8 189:6 chose clarify
Certainly 214:4,14 81:2 92:21 100:9 153:9 17:20 131:8
54:6 checked 156:1 class
CERTIFICATE 126:2,5 128:17 Christmas 187:10,11 207:14
238:1 checks 47:14,17 48:19,22 49:7 224:16
certification 126:10,12 61:17 67:5 84:6 clear
7:16 cheek 228:6,8 25:22 41:17 56:13
certify 227:11 229:18,19,22 chronology 57:19 58:8 64:17
238:3 Chesapeake 185:10 187:9 91:4 100:3 112:13
cetera 11:14 24:4 102:6 church 115:14,22 140:20
59:14 89:6 Cheverly 143:10 158:14,18 175:16
chain 1:8 5:14,14 16:9,21 cigar 182:20 183:21 184:3
37:20 38:7 19:7,12 21:8 26:18 56:10 64:5 184:8,16 185:14
challenge 27:19 33:9 48:3 49:2 Circuit 196:7 210:16 222:19
26:11 97:18 49:4 53:10 54:18 222:13,15,19 clearly
challenged 70:17 76:22 110:6 circumstances 79:1 84:14
95:10 96:9 97:4 113:3 114:5 136:15 30:15 153:19 197:19 client
change 136:21 140:11,12 city 50:13
163:16 170:16 176:2,7 181:9 120:1 178:4 186:13 close
changed 181:12 196:12 199:6 195:22 197:14 199:6 120:2 135:6 183:11
203:1 202:2,14 203:21 201:4 209:22 210:14 233:10
changing 204:5,6 219:11 223:8 218:22 closely
107:13 226:10 235:1 city's 227:11
characterized chief 235:18 closest
41:18 1:12 2:1 4:2 5:3,13,18 civilian 230:5
characterizing 14:12 33:8 42:22 58:6 85:16 code
161:10 49:16 51:1,7,9,17 claim 34:11 37:19 38:3
charge 53:2,10,14 60:21 21:12 24:11,16 25:15 225:21
46:6,8 64:13 87:14,20 63:20 66:9 67:4,6 25:18 26:12 32:13 coke
88:1 101:12 108:2,3 68:12 70:2 71:20 98:13,16,19,22 99:4 229:4,5,6,6
PLANET DEPOS
244
College communication concerning 120:17

187:13,15 31:20 72:8 174:21 36:3 contacted
color communications conclude 11:12 74:11 105:1
160:11 163:14 174:20 129:20 169:7 119:22 120:15,20,22
come Community concluded 121:18,22 165:4
6:16 8:15 10:19 38:1 187:13,15 169:9 170:19 171:8 185:14
38:12 40:6,9 41:17 comp conclusion contacting
42:3 95:2 107:22,22 21:12 23:19,22 31:7 19:2 95:2 163:18 36:1 105:6 135:14
113:6 130:5,6,13 100:17 145:11 158:19 conclusions contained
134:13 160:17 172:16 159:4 170:5 175:7 134:14 79:1 163:14
173:2 176:20 190:6 company condition contains
comes 23:22 6:9 12:4 26:8 27:2 15:13
13:4 25:1 134:15 135:6 compensable 28:20 33:4,8 98:19 contend
135:8,9,11 160:6 102:13 102:10,12 159:3 11:7 67:14,15 82:1
195:18 199:21 compensation conditions 86:9,12 155:10
coming 13:3,6 24:7,11 25:15 224:3 162:19 163:10,14
43:18 52:17 135:10 25:18 26:11,14 42:6 conduct contended
command 42:20 98:12,16,18,22 76:15 120:1 122:8,15 144:21
10:6 37:21 38:7 64:6 100:5 101:1,6,9,16,20 conducted contending
commanders 123:20 158:12,17 76:19 25:9 86:21 87:8 145:3
27:10 184:14,15,20 185:5 conference 163:6
commendation 216:12,14 183:12 contends
126:11 204:2 compensatory confirm 78:20
commendatory 35:21 235:12,16 content
126:1 complained confusion 41:3
comment 14:15 98:4 124:2 146:1 19:13 contenting
64:22 83:21 137:9 177:15 Conlon 86:16
138:21 complaining 11:13,19,20,22 23:19 contention
comments 88:4 26:5,7,10 100:19,21 67:12 68:19 71:12,15
63:15,20 83:9,15 84:4 complaint 101:7 102:1,2,3 80:6,15 84:9 87:17
140:2 162:3 232:4,16 4:8 14:6 15:2 17:9 44:5 connected 88:21 113:5 139:11
232:19 234:21 44:11,21,22 45:12,13 38:19 143:9 162:12 164:10
commission 45:17 50:19 59:22,22 consider 164:14 176:11 177:8
7:15 44:4,7,8 45:12 86:20 87:3,6,10 97:10 13:18,21 14:4 19:20 177:11
46:7 124:8 160:19 162:1 174:8 175:21 63:2 72:9 129:19 contest
176:5 178:10 184:15 176:4,12 225:5 considerable 173:11
185:6 200:3 201:16 complaints 134:17 context
211:21 219:18 220:11 44:1 97:12,16 117:10 considered 78:11,15
223:10 235:7 238:20 123:19 145:22 170:13 73:16 continue
Commissioner 170:15,18 171:3,15 conspiracy 92:22 193:1
177:22 174:10,11,12,13 234:16 continues
commit complete consult 185:11
197:6 40:16 78:18 237:4 124:20 continuing
committed concern consulted 33:18 79:9 140:20
136:16,22 53:8 14:22 15:4 contrary
communicated concerned contact 144:3
166:19 24:17 42:17 74:8,17 75:10 contributed
PLANET DEPOS
245
212:5 47:6,11 49:3,6 54:19 179:21 180:2,3 219:18 223:9 226:22

contused 57:21,22 58:13 59:3,7 182:13,14,22 183:2 227:3 235:7,7
70:19 59:10,11 60:3,15,18 186:12 187:8 191:14 couple
conversation 61:6,7 62:5,13 64:7 192:6,21 193:3,3,7,8 179:11
10:10 20:4 23:15 40:7 66:15,17,18 67:16,19 193:13,19,22 194:5,9 course
40:18 43:10,15 61:16 67:20,22 68:1,11,12 194:15 197:12 200:4 191:8 208:11
61:18 64:8,10 75:12 68:15,21 69:3 70:21 200:19 202:20,21 court
75:17 78:11 84:9 71:13 72:4 74:5 75:8 203:5 207:6,7 212:21 1:1 2:14 5:22 67:11
100:20 101:3,22 77:7 78:14 80:7,19 213:17 215:22 222:20 91:15 144:8,15 145:3
102:8,17 105:9 81:2,5,6 82:11,12 222:21,22 223:3,4 149:16 164:13 186:17
130:20 132:1 166:8 83:5,6 84:11 85:22 225:18,19 226:9 186:20 192:16 222:12
185:17 217:6 232:7,9 86:9,10,13,14,17,18 230:19 233:2 235:21 222:13,16,19 223:1
232:20 86:21 87:3,11 88:5,7 236:1,2 237:4 courtesy
conversations 88:11,15,16 89:3,4,6 corrections 18:14 19:5
29:5 70:2 75:14 100:21 89:7 90:19 91:13 237:5 courts
102:18 114:6,11 92:8,11 95:16 96:3,22 correctly 191:4
164:15,17 165:10 98:19,20 101:14 62:2 cover
167:12 209:13 214:16 102:7,20 103:11,12 corroborated 165:21 166:1
214:17 215:6,10,22 103:21 104:5,6 233:13 coverage
216:10,19,21 105:12,15 112:15 counsel 24:1
conveyed 113:14,15 114:2 5:7 16:11 18:21,22 co-worker
84:14 115:21 116:6,10 29:21 34:15 38:10 172:5
cooperate 118:9 119:11,12,13 45:16 48:8 87:19 co-workers
116:9,12 124:3,8 125:11,12 91:6 114:20,21 115:4 64:18 65:1
copies 126:19,20 127:7,8,15 144:7 166:6,11 crashed
167:2 128:11,13,14 129:11 167:19 178:15 192:2 137:19 203:11
copy 129:12,14 130:3,4 196:13 200:12,13,14 create
14:7 171:5 223:18,19 131:19,22 133:15,19 200:18,19 201:10,14 30:12
236:8,13 134:7,10 135:9,17 210:12,13 214:3,9 crime
corporal 136:9 139:13,14 215:5 218:11 235:14 8:15
13:11 16:20 93:9,10,16 140:14,15 141:9 235:17,17,18 238:9 cross
96:16,16 145:8,13,15 142:20 143:21 145:4 238:12 223:11
145:18 185:13 212:8 145:17 146:19 147:5 counseled crude
219:16 221:10 147:10,11 148:18,19 234:1 63:20 83:9,15
corporate 149:6 150:1,5 151:10 counseling cruiser
34:17 151:15,17,21 152:2,3 153:5 157:20 158:1,5,7 143:18,19
correct 152:9,15 153:18 195:6,14 225:12 cruisers
5:19 6:2 9:7 20:9,11,22 154:20 155:3,9 156:9 Counselor 143:17
21:1,5,6,8,9,21,22 156:10,15,17,18 49:18 137:9 168:3 cue
22:2 23:3 24:8,18,21 157:1,2,4,5 158:20 183:3,12 214:14 60:21 61:3 160:5
24:22 25:4,5,8,10,19 159:5,6 160:1,2,10 county current
26:9 28:3 29:11 163:11,12 164:2,4,6 5:15 11:1,2 18:1,8 33:20 88:14 197:17
31:17 32:9,10,16,17 164:14 165:14,15,18 19:12 21:4 44:7 46:7 232:1,2
32:21 33:4,5 34:6,7 166:14 167:12 170:17 49:5 70:12 91:16 cut
35:17 37:6 39:3,4,6 171:1,13 172:2,4,14 172:1 179:18,19,20 54:2
41:2,5 44:16 45:20 173:13,16,22 174:11 180:1,9 181:11 182:3 CYA
46:3,11,12,16,17 47:2 175:14 176:14 179:15 182:8 187:3 200:3 191:16
PLANET DEPOS
246
C-O-N-L-O-N 90:12 99:22 100:1,8 decisions 61:9 67:22 68:3

102:3 113:19 130:15,16,22 7:2,4,7,12 12:22 13:2 70:18 71:1,7 73:5
131:1 133:21 144:18 101:16,18 173:20 76:9 80:11,17 84:17
D 144:19,22 145:6 Defendant 84:20 87:15 88:5,6,19
D 149:19 150:17,20 1:9 17:8 89:18 90:14 91:12
5:1 196:18 214:13 216:4 DEFENDANTS 93:7,15,19 97:10
damage 216:4 221:18,19,20 3:9 101:4,11 109:8
134:18 135:22 203:19 221:21 236:10 defendant's 111:12,16 113:4
207:8 days 4:9 16:7 109:22 110:5 114:5,13 116:6,18
damaged 109:3 118:16 129:13 110:6,14,15 124:22 117:21 118:22 119:3
203:14,17 211:3 217:19 236:10 125:3 144:4 196:3,6 120:5,11 121:20
damages deal 196:12 202:14 203:22 122:6 136:13,16,21
182:2,18 8:16 12:8 204:5 219:11 223:8 137:3,7,18 138:2,9
damn dealing 226:11 235:3 140:12 146:1,2
232:17 10:20 220:19 defense 147:13 151:20 152:14
Dana dealt 114:20 144:7 156:16 157:21 166:17
198:11,12 207:4,10 26:18 30:20 defenses 167:4,5 170:17 173:4
dance December 16:8 177:5,12 181:8,10
227:11 228:11,12,14 47:21 48:4,18,19 52:4 define 184:9,19 186:14
228:16,17,18,19,21 54:7,12 67:4 108:10 197:22 194:7 196:1 197:15
230:18 109:4,19 111:5,14 definitely 198:8,16 199:15
dancing 112:18 113:12 115:11 236:16 201:5 204:6 205:16
230:20 115:15 117:21 118:18 degree 206:3,14,16 207:5,22
dart 119:2,14,17,20 121:8 71:11 106:14,16 220:21 225:8 235:1
65:15,21 66:1 121:12,16 122:2,4 delay departmental
darts 124:5,14,18 126:13 236:17 107:12 116:5 130:11
65:13 66:5 67:6 127:14 128:22 129:9 deleted 130:21 134:19,20
date 131:9,21 132:4 133:1 72:16 210:4
9:6 36:11 43:12 44:14 133:18 134:13 135:12 demand departments
44:20 73:2 82:17 144:10 146:9,14 16:8 134:22
108:6,13 109:7 147:17 157:22 173:12 denial departments's
125:13 144:10 184:16 177:7 190:7,8 196:16 217:4 225:21
190:21 211:20 224:13 196:18 202:16 227:15 denied depends
228:3 233:12,15 227:21 228:2,9 60:20 82:21 83:5,18 8:14
235:22 237:9 decide 139:12 142:6 143:13 DEPONENT
dated 118:3 171:18,20 172:11,12 237:1
47:4 82:5 125:21 decided 213:12 214:22 215:3 DEPOS
133:18 168:13 176:1 117:22 135:13 136:6 deny 2:5
177:6 184:16 196:17 160:15 193:17 15:6,10 140:14 141:8 deposed
202:4 219:13 decision 141:22 142:1,8,11 5:19
Dave 6:21 34:4 71:8,9 78:5 denying deposition
210:10 81:12 101:8 135:2,5 172:10,11 230:18 1:12 2:1 4:7 6:14 14:12
DAVID 152:13 156:22 160:18 231:7 233:1 112:14 150:7 238:3,5
3:16 170:5 193:18 194:8 department 238:8,11
day 194:17,20 206:7 6:18 7:10 16:21 26:18 Depot
9:7 11:10 17:21 27:18 208:10,14 209:17 27:18 28:1 35:19 143:10
27:19,20,21,22 28:6 218:1 222:18 223:1 47:13 48:3 54:15 deputy
28:10,10,11 29:6
PLANET DEPOS
247
165:6 disciplinary dismissal 115:2 124:22 127:9

derogatory 71:9 72:13 116:16 116:6,10,18 131:18 161:14 167:15
232:16 117:6 126:8,15 Disposition 167:19 168:10 176:20
describe 127:13 128:2,11,17 204:7 196:5
62:10 129:1,14,15 158:8 dispute dogs
designated 204:7 233:17 234:6 185:5 42:12,18
56:11 discipline dissatisfied doing
designee 137:2 153:1 154:12 70:15 78:2 151:1 172:17
34:17 158:4 District 179:1 203:13 204:15
designs discrimination 1:1,2 91:15 domestic
63:21 46:6 87:20 108:2 doctors 138:3,6
desire 170:12 171:11 175:21 188:8 donate
83:10 176:5 199:4 205:13 doctor's 171:18,21
despite 207:21 223:9 224:5 188:15,16 donating
193:14 194:12 225:1,2,5 document 172:6,6
detailed discriminatory 14:17 15:13 16:15 donation
64:15 103:4 104:21 17:14 45:6,18 46:1 10:20 11:2 20:8 23:15
determination discuss 47:1 65:4 66:20 23:16 25:2,7,12
169:6 12:18 21:19 22:10,13 81:21 82:5,8,13,20 211:13 213:11
devoted 25:14 37:2,12,17 38:5 103:14 105:3,3,21 Donna
56:5 40:1,2,2,3,20 105:11 106:3,4 109:11,22 36:1 42:15,17 43:19
diet 121:7,10,14 159:20 110:5,15 111:4 44:1 47:5 55:16 60:5
229:5 205:22,22 206:2,6 113:20 114:3,8,9 64:18 66:10 67:8
difference 207:15 209:22 216:6 115:6,10,11 116:13 84:5 103:2,9,9 104:19
192:12 223:20 118:13,14 122:17 105:2,5,18,22 108:1
different discussed 125:2,3,3,18 126:10 124:6 162:13 175:22
18:9 62:7 77:16 91:12 8:6 12:16 13:1 25:11 126:21 127:1,2,12 183:22 185:15 233:10
91:12 139:21 141:13 41:6,8,15 42:2,20 128:9,15 129:13 Donna's
153:12 196:8,10 122:14 199:14 205:9 131:3,5,10,12,14,17 200:22 201:17
221:20 206:22 207:1,8 208:1 131:20 133:7,8,16,18 door
direct 208:3,8,12 210:9,21 136:14 139:2,3,10 38:22 39:2
164:15 211:7 217:12 218:5 140:9,18 141:3 144:4 double
directed 218:12 219:3,6 144:8 157:20 158:1,5 30:2 214:4,14
63:17 220:13 discussing 166:1,2 168:12,19 doubt
direction 209:14 171:11,11 175:3,5,17 99:22 112:17 175:11
238:7 discussion 175:20 176:12,13,15 176:6 224:19
directly 40:13,21 41:4 48:11 177:4,10 178:7 185:1 dozens
38:10 73:7 200:7 75:21 93:1 97:13 185:9,10,14 195:8 209:13,13
director 109:15 157:15 211:12 196:12 202:1,2,14 draft
120:14 203:18 210:20 223:21 231:10 236:12 219:11 222:14,14 56:21
235:5 discussions 223:7,16 225:11 drank
disability 19:18 38:8 207:19 227:7 233:1 235:2 54:8,8 57:4
169:18 208:7 211:12,14,18 documentation drink
disappointed 213:2,8 216:11 135:18 51:9,10,14 52:22
106:6 217:11 documents drinker
discharge dismayed 14:19 110:19,20,22 52:13
224:3 106:6 111:1 114:11,18,21 drinking
PLANET DEPOS
248
52:20 53:10,11,13 3:1,1 4:1,5 5:1,1 115:16 152:19 167:4 225:22

56:18 Earl 201:4 216:10 230:13 engage
drinks 65:5 81:4 85:11 86:7 233:21 135:3 142:7
52:7 53:3,7 221:10 226:14,15,15 electronic engaged
drive 226:21 227:2 231:19 74:14 107:7 141:20 174:3
3:11 57:10 181:4 231:20 email entered
dropped earlier 31:19 74:17 121:1 211:22
143:6 24:13 102:1 113:12 165:11,22 166:4,7,9 enters
drove 128:10 145:22 151:2 166:14,16,17,20 54:9
57:13 170:21 175:6 176:11 167:2 178:13,17 entire
drugs 178:21 180:19,21 236:11,13 57:6 182:8 192:16
6:8 182:20 186:19 195:4 emailed entirely
drunk 195:21 196:21 204:13 165:20 31:14
52:18,19 207:5 229:3 emails entitled
due early 167:8 114:15
169:18 6:18 10:13,14 19:22 employ Errata
DUI 20:3 24:20 98:10 76:2 237:6
59:14 108:10 192:4 230:22 employed escapes
duly Earl's 5:11,13 59:2 67:18 58:3
5:4 238:5 231:19 68:2 86:2 89:17 ESQUIRE
duress easier 93:15 201:4 205:6 3:3,10
71:10 76:13 111:12,15 64:14 238:10,12 establish
111:18 112:4,5,8 eclectic employee 25:13 75:1
113:2,4,6,20,22 62:9 33:18 34:9 125:22 established
116:14 117:3,5,18 Economes 126:8,11 127:12 113:12 118:19 227:22
118:22 119:4,8 93:22 128:16 198:13 199:8 establishes
129:10 131:9,17 Edmund 210:14 218:22 238:12 109:12
133:1,2,4,9,14 135:12 16:20 66:20 139:2 employees establishing
137:4 146:13,20 educational 7:18 35:20 61:9 126:3 165:2
147:3,4,7,8,14 148:12 106:13 129:17 199:9 et
148:14 149:5,22 EEO employer 1:4 59:14 89:6
150:13,19 151:15 87:14 88:1 162:5,7 12:2 100:13 evaluation
152:1,11,13,19,20 168:17,17 170:20 employment 127:2
153:7,10 154:2,4,6,19 EEOC 9:22 10:1 89:14 148:6 event
155:2,17,20 202:3,4 171:5 209:20 210:7 148:21 184:5 191:8 47:21 48:2 56:14,19
202:15 204:15 223:11 205:7 224:4,7 226:7 58:1 59:6 62:18
duties Effective encounter 227:16 228:1 229:8
116:4 124:18 146:11 196:17 61:17 229:19,21 231:14
duty egregious encourage events
12:2 100:13,15 109:18 194:13 19:16 26:10 48:5 185:12
113:13 115:16 116:4 eight ended everybody
124:16 160:6 185:19 5:17 53:19 89:15 222:4 57:10,13 64:11 85:2
225:16,18 Eisenhower ends 151:5 213:13
DWI 3:5 176:22 evidence
59:14 either enforcement 82:3 190:22 209:19
24:19 32:8 51:8 77:8 106:14 112:12,15 Ex
E 105:5,20 108:9 153:17 204:16 225:21 4:8,9
E
PLANET DEPOS
249
exact 238:20 fall file

43:12 73:2 108:6 explain 43:22 45:11 46:10 73:1 124:21 128:6
224:12 73:13 217:7 99:13 103:20 105:4 145:10 191:17 195:9
exactly explained 141:20 229:12 195:10 204:21 214:11
7:8 26:3 36:11 62:16 21:3 213:12 false filed
107:15 108:13 129:7 express 15:19 86:9,12,16,21 14:16 16:8,10 17:4,14
131:6 220:14 160:21 161:7 87:10,18 98:21 99:4,9 21:12 25:15,18 45:12
exaggerating expressed 100:5 126:21 128:8 61:9 87:14 108:1,3
150:10 29:1 151:11 159:22 161:11 124:7 144:8,14 145:2
EXAMINATION extended 163:4,6,20 164:22 145:5 170:12,20
4:2 5:7 188:13 165:3 191:2,13 192:9 176:5 209:21 223:9
examined extensive 192:14,20 193:14 223:11 224:4,22
5:6 237:3 169:12 194:3 212:4,10 225:3
example extent 213:16 files
63:10 94:6 156:2 19:1,1 34:20 95:22,22 familiar 196:13
excess 139:15 141:6 145:2 31:14 32:22 194:22 filing
26:20 214:3,7 195:7 225:4
exchange external Family fill
62:5 97:9 41:19 30:16,17 132:9
excuse far filled
34:15 87:19 F 52:2 53:22 54:1 58:12 7:22 30:22 31:9
excused Facebook farther final
35:11 70:2,6,6,10,14 72:5,7,8 226:11 7:14 208:14 209:16
exercise 72:14 73:6,8,11,15,19 fashion financially
79:2 84:16 74:12,16,19,21,22 63:12 238:13
exhaustively facetious faster find
141:8 150:9 199:16 50:17 108:18 109:11
Exhibit fact father's findings
4:7 14:8,12 16:2,3,7,15 70:16 95:12 123:2 231:21 123:15 134:10
48:14,16 144:4 124:10 128:9 130:11 father-in-law's fine
exhibits 130:19 143:18 163:22 231:18 20:13 54:4 140:22,22
45:4 236:15 172:9 173:10 192:9 Fazier 236:11
exist 192:19 202:10 220:5 1:21 2:13 238:2,16 fines
129:3 192:17 222:11 233:11 February 153:14,15
exists facts 81:12 187:10,12 finish
214:5 23:17 26:15 92:19 federal 114:10
exits 194:15 144:8 186:17,19 fire
51:3 factual feel 7:3 97:8,19 98:11,15
expect 15:13 162:21 227:13 234:16 98:22 100:4 145:11
172:16 fail feelings 177:22 185:20 186:2
expectation 116:15 194:16 209:15 fired
94:17 failed fellow 76:9 80:13 81:7,9
expected 123:12 137:1,2 233:20 115:2 first
115:7 failure felt 5:4 6:16 9:22 16:15
experienced 116:8 124:15,17 12:1 71:18 154:9,12 21:21 22:16 24:12
193:9 146:10 204:10 female 26:3,5 27:3 31:13
expires fair 65:1 32:4 47:10,13,20
54:7
PLANET DEPOS
250
48:17,18 61:2 64:1 18:18 19:11,18,19 48:15 10:4,5 22:15 31:5 32:9
76:19 81:19 83:2 21:11 79:10,13,14,16 Forty 42:9,13 55:11 56:10
93:12 95:11,11,21 79:16,17,18,20 80:11 106:12 58:15 64:5 77:11
101:22 103:21 104:2 85:2 89:6 97:17 forward 87:13,18 88:4 96:20
107:22 108:7 110:18 139:21 140:1,6,9 12:6 28:18 178:12 108:17 120:8,21
111:8 112:6 114:3,8 145:10 213:11 202:14 223:22 121:15,21 122:1
114:12,16 116:1 FOP's forwarded 135:13 144:1 189:3,5
119:9,15 122:2 140:10 44:4 178:11 189:9 197:5 199:13
130:14 131:16 137:6 FOP9 found 199:20 207:19 208:2
142:2 143:20 146:8 18:5,12 84:6 123:3,9,11 165:3 210:1 221:15
146:12 168:18 171:17 forbids 185:6 192:8,19 Frohlich's
190:16 192:13,18 37:19 four 58:18
193:5,6,12 207:14,20 force 57:6,20,21 150:10,12 front
224:16 227:15 235:9 7:3,18 10:2 12:19 154:21 155:7 187:2 45:3 81:4 128:15
fitness 58:22 59:2 66:22 229:3 222:10
109:18 113:13 116:4 68:5,7,9 69:3 76:4 frame frozen
five 80:21 81:5,7 85:14 9:1 33:16 72:19 109:10 85:20
150:11,17 151:10 188:1,7 226:18 Frances fuck
152:18 154:16 155:12 233:18 234:9 140:19 64:19 66:12 67:9 68:18
155:18,20 forced Francis 79:20 80:11,11 83:12
five-minute 70:17 71:1,6 80:16 1:4 93:13 168:13 84:7 89:6 97:17,17
168:5 90:22 181:4 182:15 Frank fucker
fleet forcefully 6:17 12:20 21:12,13,14 108:19,22
206:12,12 231:2 21:17,20 22:2,10,20 fucking
flies forcibly 23:3,13 24:20 25:3,10 84:4
199:16 227:12 25:15,18 28:5 66:10 fucks
floating foregoing 67:7 93:15,19 94:14 232:18
212:2 237:3 238:3,4 105:5 108:2 142:4 full
floor foreman 168:13 185:15 151:14 153:16,16
228:21 175:9 Frank's 155:2 185:19 204:15
fluctuates form 24:11 28:18 204:16 236:14
143:6 31:9 117:1 132:8 153:5 fraternal fully
FMLA 153:9 158:7 195:14 13:12,16 16:22 18:17 85:22 213:22
41:19 123:21 225:12 20:17 full-blown
focusing formal fraudulent 150:14
72:7 73:11 135:15 140:11 146:13 100:5 function
follow 146:16 Frederick 27:16 229:9 231:15,15
169:15 formalized 75:13,18 Fund
following 149:18 frequenting 11:15 24:3
12:20 171:16 218:17 formally 55:22 further
225:6 114:4 197:3 Friday 102:18 130:22 159:4
follows former 181:11 216:11 236:4 238:11
5:6 61:8 66:8 87:13 88:12 friend F'ing
follow-up 96:18,19 189:9 70:6,6 189:7
31:12 forms friends
FOP 30:16,18,22 132:12 189:15 233:11 G
13:19,22 17:1,17,18 forth Frohlich G
5:1
PLANET DEPOS
251
gag 186:6 192:1,2 194:7 6:17 14:21 18:20 21:11 168:17 169:2 178:3
61:20,22 62:5,10,18 195:5 225:7,10 237:5 21:14 34:16 40:10 186:6 190:8 192:4
63:6 238:8 41:21 48:15,15 49:19 197:22 199:2 200:22
gained gives 50:10 52:2 53:9 202:4 204:14 207:19
224:7 134:9 73:13 82:17 98:11,15 219:16 227:14
game giving 110:1 113:21 117:17 guilty
54:7 122:14 133:14 145:9 117:22 119:8,18,20 123:9,11 192:8
gather Gizinksi 127:22 128:5 131:6 guy
23:21 61:5 10:10 133:13 141:1 145:11 151:1
general Gizinski 147:9,20 152:4,20
53:11 65:20 142:16 10:18,19 11:5 13:11,18 153:15 154:3,18 H
143:13 13:22 16:20 17:17,20 157:7 173:1 186:1 H
generated 20:4,16,21 21:17 189:6 205:19 206:5 4:5 118:7 125:5
114:11 22:18 23:1,2,13 24:10 208:4 215:4 223:13 habits
genitals 25:1,6,13,14 26:2 234:9 52:21 53:11
227:13 58:17 65:14 66:20,21 good half
gentleman 67:11 86:15 96:19 71:19,22 168:6 197:18 53:9 73:14
55:7 197:21 139:3,7,17,22 145:8 232:18 halfway
gentlemen 145:13,15,18 149:4,6 gotten 110:4
94:21 150:1 151:8 155:7 150:13 229:9 half-hour
George 156:4 157:3 172:7 grabbed 53:18
171:22 185:13 199:21 205:17 232:12,12 Hall
George's 211:13,15 212:6,8,22 Green 55:19 65:16,21
5:14 18:1 19:12 44:7 213:5,8 214:18 94:6 hallway
46:7 49:4 124:7 219:16 220:14 Greenbelt 206:20
160:19 172:1 179:20 Gizinski's 1:13 2:7 hand
180:1,9 200:3 201:16 139:15 ground 117:7 132:12
219:18 223:9 235:6,7 globally 141:14 230:15 handle
getting 164:22 grounds 204:14
50:4 183:11 191:9 go 18:20 handled
gift 9:9 28:18 34:3 35:16 group 42:6
62:5 42:9 48:8 49:19 39:10 62:9 95:19 handles
gifts 51:19 53:4,17 70:20 234:22 165:8
61:20,21,22 62:8,10,11 82:20 83:3 88:10 guess handwriting
62:18 63:6,7 91:11 137:12 139:5 8:11,21 9:5,21 10:13 125:13
gist 140:20 141:11 146:8 14:6,21 21:4 22:16,22 Hanover
139:6 214:1 162:18 163:9 168:10 43:22 47:12 51:14 3:12
give 179:2 181:9 191:17 54:13 59:21 61:2,8 happen
6:4 15:17 21:12 27:4 215:5 218:15 221:1 64:13 67:10 68:22 12:14 83:13 84:19
36:22 50:10 63:10 228:22 230:10 234:2 70:5 76:18 78:15 209:5,6 225:14
91:21 116:2,14 117:3 236:7 87:22 95:11 96:16 happened
117:18 122:10 153:6 God 101:4 113:5,18,21 39:5 52:9 54:6 66:14
191:20 197:11,12 232:17 123:12 139:16 140:10 83:5 84:6,10,11
200:9 217:15,18 goes 140:18 141:8,16 198:19 224:20 231:5
given 10:1 54:1 65:9 66:9 142:22 146:12 153:13 happening
5:22 78:16,19 113:22 117:1,14 224:1 225:4 153:21 154:2,7 8:14
115:15 122:7 185:4 going 159:22 162:17,22 happens
33:22 100:17
PLANET DEPOS
252
harassing hierarchy husband 7:22 85:16 116:19

50:1,2 19:19 232:18 233:16 150:12,12 181:19
harassment hire husband's 182:1 232:5,17
52:6 141:20 157:13,18 6:21 7:3 184:5 incorporated
174:7,10 194:4 217:1 hired Hyattsville 158:8 195:19
hard 186:6 120:1 121:19 135:14 incorrect
178:4 hiring 186:12,13 195:22 17:15 18:19 145:4
Hargrove 7:12 197:14 182:18,19 235:20
94:1 hit increase
Harry 123:13 I 193:18
1:12 2:1 4:2 5:3,10 hit-and-run ID independently
237:2 122:19 123:4,10 125:9,10 208:15 233:14
head hold idea index
89:22 94:3 148:16,18 70:19 129:3 29:20 38:17 121:1 236:14,16
headline holiday 138:20 145:20 174:4 indicate
204:6 54:14,14 177:13 187:17 12:14 176:3 185:3
headlined home identification 203:11
65:4 57:13 143:10 14:8 16:3 indicated
heads honesty ignore 9:18 10:22 11:11 12:4
21:12 145:9 136:17 137:1,11,16 160:15 12:10 17:22 18:6,22
hear hospital image 29:4 36:12 37:9
208:13 188:21 70:16 39:17 71:20 99:20
heard hospitalized imagine 203:17
86:22 91:19 98:11 9:12,19 117:15 indicating
105:18 119:15 161:21 hosted immediately 33:20 41:10 70:14
172:19 198:9 212:4 47:21 48:2,5 199:14 110:1 195:10
hearing hostile implied individual
184:17,20 195:1 72:9 73:16 20:18 27:12 63:18 168:1
212:10 hour importantly 182:16
hearsay 53:9 73:14 197:8 individually
9:13 91:19 hours improperly 182:4,4
heck 57:9,21 107:13 158:11 individuals
54:8 hug inaccurate 96:15 128:18 152:18
held 230:11 182:9 inebriated
2:1 48:11 49:1 75:21 hugger inappropriate 138:10
93:1 97:13 109:15 230:10,13 63:16 160:9 227:10 influence
157:15 184:17 231:10 human 232:4,16 26:13 191:6,6
236:12 44:4,6,7 45:12 46:7 inappropriately inform
hell 123:20 124:3,7 229:14 232:11 25:6 28:19 43:21
68:18 160:19 200:3 201:16 incident 119:18,19 121:3
help 220:10 223:10 235:7 32:22 48:6 138:6 160:5 information
147:1 217:19 humiliation 180:5,20 182:22 18:13 136:1 199:16
hereto 157:13,18 233:20 informed
238:13 hundreds incidents 9:16 36:1 40:19 102:9
hernia 85:5 30:12 165:8 179:11 103:2 104:19 105:4
11:12 29:6,8 144:20 hurt included 115:18 116:7,8 216:3
216:5,5,15 99:22 100:1 156:2,6 157:14,19 informing
including
PLANET DEPOS
253
113:22 123:18 124:1,10 134:18 137:5,8 200:4 107:16 159:4

informs instruct investigating involves
114:9 115:11 115:1 114:13 118:2 153:8 146:16
infraction instructed investigation involving
137:4,7,15 122:7 71:21 73:22 76:15,19 41:12 103:11 134:5
infractions insurance 77:3 92:17,18,22 205:12
136:16,22 137:10 11:15 23:22 24:3 102:11 107:17 111:22 issuance
138:17,19 154:8,11 169:13 112:10,19 113:9 202:11
154:14 155:11 204:15 intended 114:1,5 115:12,19 issue
initial 12:19,20 116:9 117:6,12 118:4 21:16 22:17,21 36:13
32:5 102:8 148:20 intention 118:8,11 119:10,16 36:21 39:19 40:10
202:15 211:2 225:4 206:2 220:7 120:2 121:4,7,11,15 41:9,12,14 42:20
initially intentional 122:4,9,16,18,22 43:20 47:13 52:3
11:7 122:18,22 162:9 173:8 123:18 124:1,11 127:5 153:12 154:18
169:21 interested 129:11,19,21 131:18 155:17 157:21,22
initiate 238:14 131:22 132:7,10,11 195:16 204:1 208:3
23:9,10 117:12 internal 132:14,15,17 135:15 213:3
initiated 77:2 97:9 111:22 148:1 136:8 146:13,15,16 issued
32:16 164:17 Internet 153:2 156:5 162:11 71:10 76:13 111:15
initiates 178:18 186:6 191:1 196:1 113:19 118:22 119:3
25:2 interview 197:7 198:4 200:2 125:10 129:10 146:13
initiating 6:22 122:15 200:9 202:20 203:20 204:17 146:20 147:4,7,8,14
32:12 201:17,18,21 219:21 210:5 219:19 148:11,14 149:4,13
injured 219:22 222:6 investigations 149:22 150:8 151:2
8:22 10:9 11:14 24:3 interviewed 82:17 85:4 132:9,13 152:11,12,19,20
26:16,17 27:6,8,15 200:11 221:8,19 146:18 148:2 150:14 155:1,19 158:5
28:6,11,16 29:8 99:8 interviewing 154:1 179:13 182:21 195:15 202:7,15
99:14,19 100:8,11 222:5 183:1 204:11
216:4 interviews investigator issues
injuries 220:8 111:21 112:9 135:3 8:5,15 37:2,17,20 38:5
30:12 intimate 192:14 197:3 235:6 38:14 40:20 42:6
injury 208:6 investigatory 101:9 105:11 111:12
9:1,3,8 10:14 11:8,11 intoxicated 153:16 128:11 201:20 202:18
12:3,21 28:17 29:7 49:8,10,17 50:6 51:16 invited 217:11 234:7
30:6,15 31:13 99:21 51:18,20,21,21 52:4 55:14 90:13 issuing
100:8,14 102:13,14 53:1,6,19 57:21 58:2 involuntary 195:13
103:10 111:6 115:15 59:7,16 67:5 229:9,12 224:3 Item
158:13 169:1,4,7,8 intoxication involve 16:19
185:6 59:10 60:20 154:1 Ivy
input investigate involved 2:6
7:6 15:18,20 102:15 103:3 104:20 117:9 6:20 7:12 42:5 59:14 IWIF
208:16,17,18 130:6,7,19,22 131:11 71:12 99:5 123:9,11 11:14 12:8 26:1 27:1
inquiry 131:12 133:22 136:7 137:19 138:11,17 28:19 30:15,16 31:13
36:20 136:13 137:1 144:6,9,22 158:16 31:16,19 32:2,11,19
institute investigated 167:11 175:18,18 32:22 33:3,7 100:14
123:22 107:13,15 112:7 186:18 198:15 235:10 101:5 102:4,6 159:1,2
instituted 119:19,20 131:4 involvement 169:6
PLANET DEPOS
254
i.e junior 205:14,15 206:9,21 100:17

153:2 227:5 207:17 209:4,12,16 late
jury 210:5,6 212:18 214:3 24:19 108:9 150:17
J 16:8 180:11 218:10,19 219:5 153:2,3 154:16
jacket jus 220:10 223:5 225:1 155:12,18,20 179:10
7:14 133:17 228:4,19 231:21 230:21
James 232:15 233:3,9,10 laughed
55:6 63:22 K knowing 84:7
January K 191:3 law
22:1 149:2 157:14,19 1:4 knowingly 3:4 67:11 106:14
158:5,10 184:17 Kayville 128:8 112:12,15,16 153:17
195:6 225:7 207:14 knowledge 204:16
Jennifer keep 9:13 29:2 41:1 57:17 lawsuit
11:19 23:19 102:2 35:19 141:1 183:3 68:4 69:19 93:21 178:1 179:15 182:10
Jenny 199:17 128:22 167:21 168:1 182:13
11:12,17,18 kind 168:2 170:1 171:15 lawyer
Jerry 106:7 132:11 150:9 172:21 173:14 184:18 76:10,11 220:11
11:16 kiss 188:3 191:11,18 lawyers
job 229:18,21 194:19 217:13 15:1 17:15 80:11 92:5
1:19 10:9 27:6,8 33:15 kissing known 218:11
59:4 69:2 71:22 72:2 227:10 229:17 129:6,7 189:14 210:15 lead
77:16 91:2 92:2 99:8 knew knows 116:9 146:19 154:9,12
99:14,19 177:1 26:15 107:18 124:1 50:20 52:16,17 196:1
jobs 128:9 185:18 206:4,5 leading
89:19 209:14 L 156:5
jogs know L learn
218:7 6:16 9:2,12 11:6,9 204:16 226:13 220:4
John 13:17 18:11 20:19 labeled learned
235:5 23:17 31:10 35:2,3 45:7 65:7 105:21 10:8 11:9,10 40:12
joke 40:15 41:8,8,9 43:12 Labor 108:1
63:12 50:7,19 51:8,16 52:20 146:2 177:6,12 leave
joking 53:3,18,21 54:3 55:11 lack 9:9 10:20 11:2,5 12:5
63:17 60:11 62:22 64:3 140:10,11 12:11,12,15,20 13:2,4
Jones 68:6,7 69:5 72:18 lady 13:7,8 17:21 18:14
93:16 94:18 75:3 78:7,19 82:16,18 232:6 20:7,8,21 21:13 23:13
Joseph 89:6,21 91:14,20 94:1 Lamb 23:15 24:17,21 25:2,4
207:19 94:17 99:4 108:6 10:3 28:9,12 29:15,16 25:7,10,11,12 33:14
Jr 114:6,10,18 118:4 30:8,19,21 32:8 77:8 33:16,18,20 34:1,1,9
226:14 227:2 231:20 120:22 121:2 128:2,4 90:1 93:4 94:18 34:14 35:15,20 41:19
235:5 129:4,9 131:6 134:4 120:7 121:3,8 205:8 41:19,20 42:5 43:14
Juan 141:12 148:16 151:6 205:10,21 215:21 48:14 50:15,15 70:17
210:19 154:2 158:3 159:12 216:7,10,22 217:11 71:1,7 72:22 76:8
judgment 163:3 167:9,22 217:18 218:5 83:8 91:1 100:18
13:10 169:22 171:12 173:17 Landover 101:9 107:19 108:15
July 186:4,7,8,10 192:1 142:13 169:17 170:6,7
76:5 224:15 197:13,17,18 198:5 Lane 171:18,21 172:6,6,11
jump 198:12 199:13,18 2:6 172:12 173:9,10,15
61:1 201:11 202:3,6 languish
PLANET DEPOS
255
174:18 180:9 188:13 80:14,16 127:21 160:8 141:4 169:12 175:2 96:21 97:1 99:9,15,17
188:18,19 211:13 215:17,18,19 little 138:18 139:17 162:13
213:11 232:6 234:6,9 lieu 49:19 50:10 123:15 162:14,19 189:17
leaving 77:17,18 92:9 136:11 169:14
234:2 147:9 152:4 153:15 live M
leeway 157:7 70:11 mail
50:10 lieutenant lobby 122:11
left 10:4,5 22:15 31:5 32:9 39:7 main
12:12 67:21 68:5,6,9 42:9,13 55:11 56:10 located 39:7,8 56:4,8
73:5 75:11 91:21 58:15,18 64:5 77:11 38:18 49:4 maintaining
137:20 181:8 197:18 87:14 96:20 108:17 location 198:15
220:2,17,18,21,22 120:1,8,17,21 121:5 91:3 major
221:13 230:22 121:15,19,21 122:1,3 locations 116:1 117:20 151:9
legal 132:21,22 134:6,6,7 143:5 206:15
19:2,16 79:10,16,17 135:13,14 144:1 logs making
85:2 176:20 201:10 172:15,18,19 180:7,8 27:10 23:16 44:1 80:16 86:8
235:5 186:5 189:3,9 196:19 long 86:12,16,19 98:12,16
Legion 199:13 208:2,20 5:16 57:8 106:11 99:3,8 101:8 154:3
49:1 54:17 55:19 56:1 209:1 210:1 221:14 181:15 188:18 214:13 162:5 192:8 194:15
60:14 65:15,21 life longer 212:10 213:15,18
LEOBR 49:11 51:16 98:1 59:2 156:16 198:8 217:22 220:1 234:17
79:3,5 95:12 112:11,14 lifetime look male
114:15 115:20 119:10 79:12 16:10 61:14 65:11 67:2 231:13
133:3 light 73:1 95:6 102:22 man
letter 70:16 116:7 221:1 232:17 232:5
78:2 122:5,11,14 163:9 likes looked managed
165:14,19 174:16 228:16 135:20,21 225:9 95:8 96:7
176:7 177:5 191:9,15 limit looking mandatory
191:17 196:16,20 148:5 188:17 97:7 136:14 183:22 90:16
197:9 204:1 line losing manner
letters 54:1 139:5,6 224:6 33:15 63:17 227:10
174:17,18 lined lot manual
let's 92:2 188:14,19 214:20 35:3
45:19,22 47:12 48:13 list lots manuscript
79:16 80:21 82:19,20 143:5 165:2 183:4 236:14
84:1 141:11 146:8 listed loudly March
148:5,5,9 183:14,15 89:9 94:4 105:18 81:13,14 219:14
199:5 227:14 Listen low 238:21
level 205:19 12:5,12 24:17,21 25:3 marijuana
86:3 listened 100:18 177:22 211:21
LGIT 207:11 208:20,21 lowered mark
200:15 209:6,18 192:9 14:7 16:1 196:19
liaison litany lunch marked
101:5 143:11 140:21 14:8,11 16:3,6 45:3
liar literally lying 103:15,15 109:22
192:3 202:13 61:6 66:17 67:14,15 Maryland
lie litigation 68:20 80:6 88:22 1:2,8,13 2:7,15 3:12
5:15 7:15 94:6,10
PLANET DEPOS
256
106:18 112:16 143:14 198:13 206:12 211:5 mid 233:5

177:22 238:18 media 35:22 43:9,11 105:17 motor
Mary's 74:14 middle 144:6,22 235:11
91:16 medical 230:15 move
master's 6:8 9:20 41:19 108:15 mind 12:6,13 49:21
106:17 177:22 211:21 168:4 199:21 moved
matter medical-related minor 90:20 227:2
14:16 37:10 61:10 169:17 117:19 160:4 179:11 moving
102:15 116:22 130:19 meet 204:6 203:14
192:9 197:4 198:19 23:2 37:1 minute Mr.Schmidt
207:15 meeting 155:18 208:9 177:6 192:3 194:13
matters 20:16,20 21:2,10 23:9 minutes
37:12 52:8 205:9,12 23:10,12 25:2,10 111:11 118:21 150:17 N
207:2 213:2 36:13 39:18 41:6,11 151:10 154:16 155:12 N
Matthew 84:19 90:11,13 103:9 155:20 3:1 4:1,1 5:1
3:10 220:20 103:10 211:21 mischaracterization name
mayor meetings 80:22 5:9 11:16,21 58:3,20
36:11,17,22 37:3,6,7 8:2,5,9,9,12,13,18,18 misconduct 93:12 218:20
37:18 38:9,10 39:14 78:22 79:5,8 84:13 70:3 71:13 84:21 107:8 named
39:17 40:1,8,14,15,18 85:1,6 89:2,10 90:4 124:15,17 146:10 150:10 151:5 209:22
40:21 41:13 43:9,16 94:20 misinformed 218:9
43:18 103:7 105:1,8 meeting's 139:22 names
105:20 170:19 171:12 186:9 misquote 95:19 142:3,4
Mayor's member 105:10 narcotics
36:2 79:12,12 93:19 95:18 misses 107:14
ma'am 137:18 138:2 221:2 35:10 nature
43:2 members missing 62:15 155:13
McGuire 13:15 80:10 95:16 94:1 107:16,18 near
9:18 10:3 22:15 28:9 memo mistake 38:18
28:13 31:4 32:8 77:9 213:22 214:2,4,5,7 71:20 need
77:15 90:18 91:7 memorandum mistaken 130:6,7 131:11,12
93:5 120:7 121:11 211:19 222:15 187:7 189:17 133:21 135:3 140:21
127:16,21 130:10 memory Mm-hmm 209:10
131:2,10 132:2,16 218:7 14:14 65:8 180:13 needed
133:20 135:19 175:10 mentioned moment 12:12 131:3 197:9
187:19,21 195:12 58:12 72:5 74:16 50:22 58:4,21 negative
218:16 220:20 128:10 146:22 147:2 Monday 234:21
mean 148:11 154:22 181:3 181:12 neither
13:3 39:8 45:16,17 186:19 196:14 201:2 month 238:9
53:5 74:20 78:10 message 81:9 224:13 nephew
87:2 99:3 107:4 73:7,15 79:1,9 84:15 months 58:18
128:1 129:3 130:10 messages 12:9 never
139:2 150:22 199:8,9 74:18 morning 19:18 22:17 29:2 31:10
213:4 216:5 218:7 met 119:5 31:12 41:5,6 42:2,19
measures 23:1 206:19 227:19 mother 43:5 66:14 79:14
158:8 Michael 108:19,22 80:13 84:10,11 85:7
mechanic 206:9,10 motive 85:10 94:22,22 95:10
96:9,11,14 97:4,21
PLANET DEPOS
257
98:2,4,6,17 100:10 177:14 195:18 230:8,12 231:8 233:7 71:19 72:6 74:8 76:2
106:8 124:15 134:9 notifies 233:19 234:19 81:4,5 83:8,20 84:5
140:3 143:8 144:21 114:4 objections 86:15 88:14 90:15
145:14 146:4,9 notify 53:21 93:22,22 94:5,18 95:3
161:21 165:21 167:11 100:13 177:2 195:16 obligation 95:17 96:9,18,19 97:9
169:5 175:17 184:1 notifying 18:12 98:8,12,15,21 99:7,14
189:13 199:19 200:21 112:6 114:13 116:21 observe 100:22 102:22 106:11
201:11 209:9 212:5 176:2 60:5 65:14 107:9,14 108:18,21
212:11 219:3 220:9 November obtain 108:22 109:4,7
221:8,9,16 222:8,20 44:12 47:4 82:6,14 112:3 197:5 117:11,13,18 118:8
231:1,5 232:14,20 88:15 104:11 108:10 obviously 118:17 119:10,15
235:22 236:1 146:8 163:1 168:13 29:9 52:11 53:5 74:7 122:19 123:19 124:2
new 169:16 170:12 173:9 86:19 93:20 145:12 124:6,14 125:10
68:10 70:3,20 71:16,20 176:1,4,8 184:6,8 148:12 150:3 201:11 129:21 130:7 131:10
71:22 72:2 74:3,9 223:13 224:22 205:17 206:22 207:11 132:16 134:16 136:7
143:6 number 210:13 224:12 231:1 136:10 138:9,16,20
night 88:3 125:7,8,9,10 occasion 139:6,8,13,22 140:13
52:18 53:12 57:6,8 161:20 185:10 223:11 97:8 141:7 145:13,22
59:20 100:10 223:12 occasions 147:13 148:6,12
non-compensable numbers 56:9 75:13 149:4,4,22 150:1,16
102:14 86:7 110:9 occurred 151:19 155:22 156:16
non-drinker numerous 48:7 160:12 162:13 163:15
52:11 170:12 171:6 October 164:11 166:21 170:6
non-union 10:13,14 19:22 20:3 172:7 173:5 174:17
19:9 O 23:2,3 24:20 33:12 180:2 184:9 186:7,7
Notary O 35:22 36:14,15 38:13 187:1,11,21 188:7,21
2:14 238:1,17 4:1 5:1 40:11 43:9,9,11 98:10 189:5 191:21 193:2
note oath 103:7 104:11 105:17 195:22 197:14 209:2
34:16 53:21 188:15,16 6:3 136:20 213:9 149:17 180:10 185:13 209:10 211:15 214:20
notebook object 185:22 204:12 222:12 215:7,11 224:8
45:5 8:7 18:20 20:10 34:16 223:15 226:15,17 235:10
notebooks 41:21 147:20 192:2 offered 238:2
45:3 objection 78:1 officers
notes 14:1 15:7 22:3 23:5 office 7:13,17 8:3 13:13,15
188:8 28:21 36:5 39:15 3:4 36:2 38:18 39:5,6,9 19:16 27:15 28:4
notice 49:12,18 57:14 65:17 46:19,20,21,22 67:10 54:21,22 66:5 79:5,15
2:13 6:13 154:6 155:2 66:3 69:8,12,15 71:3 104:18 116:4 122:13 79:21 83:16 85:15,17
165:17 175:7,8,13,21 73:17 96:4 99:1 165:1,5 173:12 176:3 85:21 86:5 88:4,13,17
202:4,6 104:12 107:2 123:6 176:21 200:6 208:18 89:3,9,15,16,17 93:3
notification 138:4,12 139:18 227:1 93:6 94:3,5,9,19 95:9
26:5 30:14 31:11 32:5 140:16 144:12 149:7 officer 96:1 112:12,15 115:2
32:19 33:17 108:7 150:21 151:12,16 6:17 8:22 10:10 20:6,8 117:10 132:12 136:15
112:3,10 113:8,21 152:7,16 159:10 24:10 27:14 36:4 136:21 138:17 142:17
133:3,13 160:18 179:9 182:6 183:3 41:12,18 55:2 58:5,7 142:21,21 153:1,17
notified 188:2 189:12 191:19 58:17 59:9 65:13 162:2 165:2 167:14
9:14 26:7 33:3,6 192:7 194:18 203:15 66:8,8,10,16,21,22 173:20 181:19 182:1
112:18 176:4,11 205:11 213:21 216:1 67:7 68:3,11,16 70:16 187:3 188:12,17
227:17 229:16 230:1
PLANET DEPOS
258
191:12 193:9 194:6 118:20 119:7,14 143:21 197:21,22 238:14

199:21 200:1 120:17 121:14 123:14 198:2 outcomes
Officer's 123:16 124:10 125:18 oldest 208:12
204:16 131:8 132:3,15 133:6 143:16 outright
offices 133:11 134:9,20 once 159:12
2:2 8:12 37:8 39:9,10 135:5,10 136:6 60:2 151:20,21 outside
official 137:12 140:8,20 ones 56:11 135:3 136:7,10
19:15 34:21 35:20 141:2,6,11,15 142:2 94:2 141:12 143:6,11 136:13
116:4 166:17 143:15 145:7,18 143:12 overheard
off-duty 146:18 148:5 150:6 one-on-one 66:9 67:6 185:16
142:7,22 143:4 153:21 155:6,10 8:9 owner
Oh 156:12 157:6,10 online 206:11
110:13 200:16 158:3 159:7,18,20 178:5
okay 160:3,11 161:7,16 on-the-job P
5:11 6:12,20 7:2,20 162:1,4,20 163:5 28:17 P
8:17,20 9:4,21 10:5,8 164:8 165:21 167:1 open 3:1,1 5:1
11:22 15:22 16:14,16 167:14 168:16,22 43:22 45:5 48:14 page
17:7 20:2,20 21:10 169:9 170:4,11 171:6 129:16 4:2,7 16:10,17 17:5
22:9,13 23:12 24:5,9 171:14 172:5,9,15 opened 47:3,10 48:16 81:16
25:6,21 26:10 28:4 173:14,18 174:1,15 61:20 82:19 83:1,2,2 84:1
31:15 32:1,11,18 33:2 175:1,15,20 176:15 operated 98:7 103:21 104:1,2
33:12 37:15 38:11 177:1,4,14,18 178:9 18:8 111:9 118:13 119:7,8
39:1,22 40:5,17 41:10 178:21 179:16 180:18 operates 122:17 125:16 141:16
41:16 43:1 44:10,15 181:7,15,16 182:20 18:9 144:5 146:6 168:11
45:10,15 46:18,22 183:10 184:13,22 operating 175:22 176:13 184:1
47:3,12,16,20 48:13 186:11,14,22 187:9 30:13 31:8 190:1 195:4 202:13
49:16 54:2,20 55:22 188:7 189:19 190:1 opinion 220:19 221:14
57:10 58:11,19 59:20 194:11 198:2,7,14 155:11 217:8 222:15 pages
60:13 61:14 64:4,12 200:16,20,22 202:1 oppose 1:20 46:3 235:3
65:10,11 66:1,19 67:2 202:22 204:20 205:21 158:19 paid
67:17 68:8,14,16 70:9 206:7 207:4,14 208:8 opposed 169:21 170:6,6 173:20
71:6 72:5 73:3,6 74:2 209:1 210:19 212:17 141:13 158:11 182:8
75:4 76:8 78:20 212:19 213:22 214:11 oral panel
79:18 80:4,15,20 81:1 215:14,18,20 216:15 6:22 7:9 95:18
81:16 82:5,7,19 83:4 217:5,18 218:9,15 order pants
83:18 84:2,12 85:11 219:3,6,10 220:19 13:12,16 16:22 18:17 227:13
85:17 86:1,19 87:8,12 221:10,22 222:3,6,7 20:17 142:16,19 paper
87:17 88:8,17 90:6,17 222:17,18 224:22 143:13 188:7 189:7 161:21 178:4 191:20
91:18 92:5,14 93:3,17 225:3,13 226:10 197:10 223:1 236:8 paragraph
94:2,8,16 95:3,5,20 228:8,11 229:2,8,11 ordered 17:9 48:17 60:19 61:14
96:6 97:2 99:18 229:17 230:3,14,17 111:19 112:2 149:16 65:11,17,19 67:2
102:4,21 104:7,17 231:7 232:3 233:3 221:5 222:13 82:21 83:4,7,18,19
105:16 106:3,22 234:8,11 235:19,22 ordering 84:3,10,12 95:6 97:7
107:21 108:14 109:21 236:3 219:17 98:8,10 102:22
110:13,17 111:3,4,8 old organization 104:17 105:17 107:21
112:21 113:1,11 143:19 232:5 37:21 109:3 116:1 118:6,16
114:3 115:14 116:21 older outcome 124:13 136:19 139:1
141:19 144:3 145:7
PLANET DEPOS
259
146:7,8 157:11 53:14 189:15 193:2 202:11 53:8 54:6 57:14

231:12 235:9 pay 205:7 65:17 66:3 69:8,12,16
park 34:9,14 169:18 173:15 perjuring 71:3 73:17 87:19
94:7,10 173:16 182:4,15 67:12 89:11 96:4 99:1
Parkway paycheck perjury 104:12 107:2 109:13
3:11 33:19 6:4 110:9 123:6 137:9
parrot PDF permission 138:4,12 139:18
139:16 140:13 141:7 166:3 107:14 122:8 142:6 140:16 144:12 147:20
part penalties permitted 149:7 150:21 151:12
18:12 30:9 39:8 48:17 6:4 34:9 143:3 151:16 152:7,16
59:12 60:20 63:11 penalty perpetrated 159:10 166:11 168:3
73:11 80:22 95:11,14 35:10 164:1,4,9 70:4 179:9 182:6 183:3,7
95:21 96:6 105:16 pending person 183:11 188:2 189:12
119:1 139:21 140:8 71:8 82:15 113:8 30:22 31:19 33:3 38:2 191:19 192:7 194:18
146:12 160:4 163:8 people 38:4 58:3,5 59:5 196:8 197:22 201:10
195:9,12 231:2 7:9 27:12 28:16 52:15 63:18 70:11 71:6 203:15 205:11 213:21
participate 58:11,12 59:16 60:9 101:12 107:19 154:15 214:6,14 216:1
118:12 60:12,13 61:22 62:7 154:16 210:9 221:10 227:17 229:16 230:1
participated 63:4 74:18 80:2,5 228:16 230:6 230:8,12 231:8 233:7
6:22 180:14 91:5 94:11 95:20 personal 233:19 234:19 235:14
participation 96:16,21 120:12 50:5 52:8 194:16 232:9 235:19 236:6,13
174:7 122:7,15 136:4 personally petty
particular 138:16 149:21 150:10 31:21 121:6,7,10,14 141:20
37:21 53:12 114:14 150:11,12 153:2 122:10 159:16 179:17 PFC
particularly 154:22 155:1 159:7,8 181:21 182:15 93:18,22
52:1 161:18 171:9,20 personnel PG
parties 193:4 198:14 218:9 34:12 35:3 36:13,20 21:4,7 45:12 181:8
47:14 238:10,13 219:1 222:4,7 228:20 37:2,10,12,17,20 38:4 187:13,15
parts 234:17,22 38:5,13 39:19 40:10 phase
61:13 perform 40:20 41:12,14 43:20 72:13
party 124:15,18 146:10 73:1 85:16 103:10 phone
47:17 48:20,22 49:7 206:13 105:11 124:20 128:6 31:17 32:2 165:10
54:13,14 55:9,12,14 performance person's 178:16
55:17 56:1,3 61:3,17 116:3 157:20,22 158:4 107:17 phonetic
63:19 64:2,4 65:14 158:7,9 195:5,14,19 perspective 207:15
66:6 67:5 84:7 210:4 225:12 208:14 Photo
136:12 228:6,9,12 performing pertains 225:21
229:4 230:17 28:6 25:12 physical
passed period Peter 113:14,17,19 115:16
56:9 101:15 102:18 8:20 9:21,22 10:6 31:4 3:10 8:7 14:1 15:7 115:17,18
passing 43:13 89:11,13 93:4 16:11 18:20 20:10,13 physically
60:16 94:11 107:20 108:12 22:3 23:5 28:21 30:1 73:5
patrol 120:3 148:6,10,11,14 34:15 36:5 39:15 pick
191:5 148:20,21 149:9,15 41:21 42:22 43:6 61:3
pattern 149:16,20 152:21 45:16,21 46:4 48:8 picky
53:12 155:5 169:20 185:19 49:12,18 50:3,9,14,22 45:17
patterns 186:1 188:14,18,19 51:4,11,18 52:12,16 place
PLANET DEPOS
260
142:18 143:8 59:9,12 61:9 67:21 208:12 78:12 81:1 89:8,10

placed 68:3,3,11 69:2 70:16 Possibly 90:3 92:5 131:2
75:4 150:3 70:17 71:1,7 76:4,8 43:12 145:13,19 149:20
plaintiff 80:10,17 87:15 88:18 post 152:21 154:22 169:17
58:9 89:17 97:5 98:5,11 73:7,19 75:4,9 200:18,19 202:9
plaintiffs 101:10 106:11,19 potential 220:3 223:2 227:16
1:5 3:2 5:7 14:12 16:7 109:8 113:4 114:5 22:10 231:16
114:20 196:5 116:6,18 118:7 potentially presented
Plaintiff's 119:10 121:19 122:8 19:1 16:6 26:14 184:22
16:2 45:4 125:7 130:2 134:22 potentials 194:20
plan 136:16,21 137:3,6,18 208:4 presenting
19:16 20:22 21:7 52:2 138:2,9 140:12 powers 131:10 154:18
79:10,17,17 85:2 143:16,19 146:2 190:2,9,14,18 presently
PLANET 150:16 151:9 156:16 practical 24:5
2:5 162:11 164:21 166:16 63:6 preserve
planned 167:5 170:17 174:8 practice 167:15
189:5 180:2 181:5,8,9 184:4 155:19 president
platter 186:14 190:2,8,13,18 practices 164:21
105:19 106:1 193:1,6 194:7 196:1 84:17 85:9 pretend
play 197:14 201:5 204:5,6 pre 131:6
55:20 160:17 195:18 224:8 225:16,18 12:3 pretty
playing 226:17 229:9 231:13 predates 12:9 223:22 229:1
60:9,11 65:13 66:5 231:15 235:1 115:6,11 prevent
67:6 Policechief@cheverl... predicated 6:9
please 166:18 152:1 previous
24:15 42:22 52:21 policeman prefer 28:15 29:4 103:16
87:19 131:7 190:11 11:1 57:2 pre-existing
plenty police-related preliminary 11:12 12:4 26:8 27:2
199:21 165:8 134:10 28:20 29:3,9 33:4,7
plus policy premises 98:19 99:21,21 100:7
70:2 10:20 11:2 30:11 34:8 142:14 143:13 100:14 102:10,12
point 34:22 151:9 171:22 preparation 159:3
10:12 24:19 36:14 43:8 172:6,13 225:8 175:17 pre-return
60:1 67:18 71:18 pool prepare 115:16
83:19 90:17 141:3 55:19,20 56:6,10 60:2 132:16 primarily
209:4 221:2 60:6,7,9,10,12,21 prepared 82:17
pointed 61:3 64:19 66:12 17:14 18:21 195:10 Prince
153:3 67:9 68:18 160:5 preparing 5:14 18:1 19:12 44:7
police position 130:18,22 46:7 49:4 75:12,18
5:13,18 7:3,12,15,18 5:16 74:3 165:1 191:5 presence 124:7 160:19 171:22
12:19 13:12,16 16:21 191:11,22 195:1 76:11 83:16 107:20 171:22 179:19 180:1
17:1 18:17 20:17 206:5 209:6,8,10 172:19 173:6 200:11 180:9 200:3 201:15
26:18 27:17 28:1,6 positions 200:13 215:12 220:12 219:17 223:9 235:6,7
30:11 33:8 35:19 7:21,22 85:20 217:13 present printed
38:17 47:13 48:3 possibility 3:15 6:14 27:15 29:10 166:5
49:16 51:17 53:10,14 33:11 155:16,17 39:19 54:20,21 55:3,9 prior
54:14 58:5,7,22 59:4 possible 55:12,16 77:22 78:6 22:9 113:18 114:12
PLANET DEPOS
261
115:17 119:17,20 protect Q rank

124:5,18 131:8,21 70:15 question 180:4
134:5,12 135:10 proves 15:8 19:1,4 34:21 35:1 rates
146:14 147:13,17 129:22 35:14 38:15 41:22 8:15
162:20,22 175:2 provide 43:1,2,3 50:13 51:12 raunchy
179:6 190:6,12,16 15:18 142:9,17,22 51:13,13 52:12 53:4,7 62:2,8,12 63:2,8
191:9 196:16 206:1 143:4 188:8 61:2 67:10 68:19,22 reach
207:14 provided 69:1 76:19 100:2 165:11
private 29:19 165:13,19 167:2 104:22 107:22 114:17 reached
142:7,9,22 209:13 public 131:7 136:17,22 196:14,15
224:15 232:20 2:14 9:6 11:10 27:21 137:10,16 147:21 reaction
privileges 27:22 28:10 120:13 148:10 153:22 164:14 106:5 189:4
224:3 120:14 130:15,16 186:4 190:10 201:15 read
probably 131:1 133:21 144:19 202:10 207:1 235:15 14:20 43:2,3 127:9
26:20 71:22 75:2 89:15 198:13 203:18 206:15 questions 139:9 161:20,21
94:1 234:1 207:5 210:20 211:6 18:7 32:13 49:22 52:18 189:1 198:21 236:6
problem 216:4 238:1,17 52:22 53:17 109:12 237:3
214:15 236:18 pulled 116:3 183:4 236:5 reading
procedure 228:21 quicker 125:19
30:13 31:8 34:2 pulling 12:6,13 really
process 227:12 231:2 quickly 49:21 50:10 52:2
12:6,9,13 24:15,16 punish 204:1 223:6 138:21 150:6 169:15
28:18 114:16 147:9 79:1 84:15 quite 169:15 186:8 191:15
151:15,20 152:5 punishment 199:22 210:9 230:13
153:16,17 155:3,3 153:5,15 192:10 quote reason
157:8 194:21 217:17 21:11 35:4 42:11,18 69:5,11,21 75:19 82:1
produce punitive 80:8 112:17 128:3 133:8
110:19 181:20 182:2,18 quotes 144:17 162:21 163:8
produced purchase 80:9 97:16 164:9 175:11 176:6
30:3 110:16,20 111:1 62:20 quoting 185:5 189:10 202:6,8
178:14 196:13 purchased 80:2 224:19 233:3
Production 62:8 reasons
109:22 purposes R 217:16
proffer 45:7 R reassign
128:5 Pursuant 3:1 5:1 196:19 226:4
proffers 2:13 radio reassignment
134:15 put 233:21 208:6
program 29:16 64:19 130:16 raise recall
106:17 151:14 191:4 194:16 21:16 22:21 201:20 20:18 23:14 26:2,19
promoted puts raised 30:1,3,5,7 34:13
224:15 132:4 22:17 164:4,6,9 39:13,20 46:20 47:7,7
prompted putting raising 47:9,16 48:20 55:2,5
91:8 203:13 16:8 55:6,16 56:18 57:3,5
prosecution P.C ramp 59:8 60:7 61:18 62:1
165:8 3:4 203:13 62:2,3,11,16,20,21
prosecutions p.m ran 63:5,8,9,13 64:8
59:14 236:19 12:15,20 13:8 65:20 72:22 73:9
PLANET DEPOS
262
75:14 76:20 83:17 5:9 6:13 48:9,11 54:11 7:12 10:11 11:5 13:2 reinstatement
89:16 93:6,14 94:2 75:21 93:1 97:13 15:4,13,14 21:17 149:17,18
103:22 107:11 109:7 109:14,15 157:15 22:20 23:3,18 24:10 relate
111:14 121:9 138:6 183:21 184:7 231:10 25:2 30:6 31:20 32:2 160:6
138:14 147:14 148:3 235:12,16 236:8,12 32:13 34:14 35:14 related
148:13,17 150:11 236:19 238:8 38:14 39:18 40:6,9 100:15 185:7 238:9
155:1,4,8,9 168:19 records 41:11 42:10,15 43:19 relating
176:13 188:4 199:1 176:3 44:2 50:17,18 63:21 87:21 116:3
209:7,12 214:4,12,19 reduced 64:18 65:1 67:7 72:8 relation
215:12 217:21 218:5 238:7 79:5,18 83:9,11 84:19 19:11
220:21 223:21 225:11 refer 85:4 97:11,16 100:22 relations
228:13 230:20,20 8:21 13:9 34:3 45:10 101:5,16,19 102:11 44:4,6,8 46:7 160:19
233:20 47:12 102:15 103:9,9,10 219:18 220:11 223:10
recalled reference 105:14,18,22 108:18 relationship
189:16 37:10 45:17 235:8 108:22 123:20 124:3 19:15,17 140:9,10,11
received referenced 131:3 135:19 139:11 relative
73:19 126:8,11 127:12 18:14 42:4 208:17 139:12 140:9 146:2 101:18 114:21 238:12
128:16 163:1 165:22 references 162:14 166:20 173:5 relay
165:22 178:16 184:17 174:18,18 175:6,9,13 217:15
receiving referencing 175:21 177:6 178:22 relayed
163:13 178:5 185:12 179:13 180:12,20,21 41:6
recess referred 182:21 189:21 195:4 relevance
75:22 168:7 183:16 40:4 48:7 165:7 198:11,18,19 199:2,3 49:20 216:16
recognize referring 200:2 201:17,20 relevant
81:19,21 18:8 45:8,13 46:1,2 205:21 207:19 209:2 16:19 31:3 36:13 52:1
recognized 104:15,17 113:2 209:20 210:22 211:15 70:3 94:10 100:19
19:6 138:21 180:19,21 213:2,14 214:18 101:8 115:3 130:21
recollection 182:22 183:9 193:5 215:7,10,22 216:10 136:1 167:3,8,15
6:6 9:11 26:4 27:13 204:18 216:11,22 217:9,11 216:17
32:20 33:13 46:14 refers 218:4,16 219:7 relied
47:18 48:1,4 54:21 112:14 regardless 192:19 194:14 218:2
103:5 109:6 111:5 refresh 117:19 176:21 rely
126:14 189:2 197:1 109:6 111:4 126:14,17 regards 217:22
216:2 197:1 185:17 relying
recommend refusal regular 191:21
193:13 116:2 8:2,11,14 157:12,17 remember
recommendation refuse 197:20 199:22 7:8 62:3 73:2 74:21
68:14 69:1 70:20 71:17 154:17 regularity 143:4 190:21 205:19
91:6,22 156:20,21 refused 205:18 211:20 219:1
193:16,18 194:1 222:7 regulations reminded
209:2,11 217:19 refuses 34:12,13 35:4,8 11:1
218:16 154:15 reinjured remotely
recommendations refute 216:5 97:22
101:19 94:19,20 reinjuring replaced
recommended regard 216:15 77:15
164:1,10 192:10 34:22 182:21 reinstated replied
record regarding 149:15 156:10 222:20 84:7
PLANET DEPOS
263
replowing 109:18 123:19 124:11 157:13 Ricardo

141:13 reserved 157:18 174:3 194:4 211:4
report 154:8,11,14 199:4 205:13 207:21 rid
12:2 29:17,17,19 30:6 resign 217:1 223:13 108:18
30:9,12,14 31:12,13 76:12 80:16,22 81:2 retaliatory right
32:19,21 84:16 85:8 90:22 92:21 152:6,13 103:4 104:21 171:16 7:22 11:20 15:16,17
123:12 132:10,14,15 resignation 172:12 173:8 174:6 16:13 24:14 30:9
132:16 134:9 187:10 72:13 73:21 74:3 75:20 194:8 225:6 31:6 32:7 38:21 41:3
187:11 204:7 76:5 78:2,13 91:9,11 retired 45:9 52:4 53:12,15
reported 92:3,9 128:19 181:11 198:10 54:5 58:3,21 61:19
1:21 27:11 84:20 resigned retirement 65:6 67:3 70:13
107:18 126:3,15 71:8 77:17 81:1 91:2,6 197:20 198:3 75:11 77:1,15 81:15
129:17,18 91:7 128:13 147:9 retraining 81:18 86:7 87:4
reporter 152:12 157:7 225:20 208:5 95:17,19 100:10
2:14 43:4 126:1 190:4 resigning return 108:11 110:3,9 112:4
215:1 224:17 226:2 91:5 111:12 118:21 185:18 112:11,16 113:9
236:7,18 respect 185:22 114:17,22 116:20
reports 12:2 returned 118:15 119:6 123:13
27:9 81:22 respondent 108:15 109:4,19 111:6 126:7 133:3 136:8
represent 47:22 48:2,5 112:9 113:14,16 118:17 141:18 142:8,11
20:16 140:5 170:13,16 224:2,5,8 119:3 149:12,14 148:8,22 150:15
representation 225:6 226:7 151:22 190:7 151:14 152:10 153:11
140:1 respondents returning 154:5 163:18 170:10
representative 170:16 171:15 109:8 149:1 161:8 171:2 173:11 177:17
11:13 13:12,19 16:22 respondent's 211:20 178:2 182:11 186:15
17:18,19 18:5,11,17 112:11 returns 187:16 199:9 202:17
19:6,21 20:17 21:11 response 115:15 197:2 203:6 210:16 216:17
24:2,6 139:21 140:6 70:14 134:1 208:4 revealed 219:15,20 222:9,10
145:10 234:22 233:21 234:20 92:18 203:20 222:14,17 224:12,14
representatives responsibility reveals 225:13 226:17 227:4
13:22 18:2 32:5 118:5 227:6 234:8
represented responsible review rights
79:11 85:3 30:17 128:6 45:12 79:2,5 84:16
representing rest reviewed 112:12,15 115:19
213:10 160:5 14:18 209:18 123:20,21 124:3,8
reprimand restaurant reviewing 153:18 200:3 201:16
153:6 73:10,14,15 142:13 163:18 208:19 204:17 235:8
request result reviews road
92:3 167:7 185:17 116:5,15,17 153:1,20 7:14 51:19 52:3 142:13
188:14,16 173:7 205:4 revise Robshaw
requested resulted 44:13 1:12 2:1 4:2,7 5:3,10
57:2 114:20 179:15 revisit 5:12 14:13 60:21
requesting retain 88:10 215:4 63:20 67:5 78:22
41:18 191:17 revoke 80:10 83:9,10 84:4,7
require retaliated 190:13,17 84:12 95:7 97:8,11,15
153:6 158:18 224:2 revoked 118:7 125:5 141:19
required retaliation 190:3,8 145:8 181:19 182:1
PLANET DEPOS
264
190:3 237:2 3:1,3 4:1,5 5:1 141:19 142:2,6 140:19 141:17 142:4
Robshaw's sabbatical 143:15,15 144:3 144:9,19 145:10,14
83:21 103:3 104:21 181:16 146:7 157:11 158:10 145:19 146:1,7,14
rocks safety 169:16 170:11 171:14 147:14 148:12,18
66:11 9:6 11:10 27:21,22 171:17 172:15 173:7 149:12 150:3,12
role 28:10 130:15,16 174:5 175:9 181:18 151:19 155:6 156:4,9
16:21 17:18 18:16 32:9 131:1 133:21 144:19 181:22 184:3 185:13 157:10 159:8 160:12
180:1 216:4 185:16 186:11 187:9 162:7,13,13,21,22
Romjue Saint 196:17 225:20 226:6 163:15 166:21 168:10
179:2,3,7 180:12 91:16 227:9 229:13,13 168:14 169:19 170:15
Ronald sanction 231:9,12 232:4,15 172:3 173:1,5 174:2
218:19,19 156:4 say's 174:17 175:9,22
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187:12 156:1 Scanlan 183:20 184:9,15
room sat 206:9,10,11,19 207:2 185:4,11,15,22 186:7
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60:6,7,9 230:11 save 38:16 189:6,21 190:1
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120:1,18 121:19 122:3 saw 1:4 6:17 8:22 9:9,15,17 195:5 196:11 197:2,9
132:21,22 134:6,6 39:10 73:10,13,14 75:7 10:8,11 15:14 20:6,9 199:3,5 202:2,7,14
135:14 186:5,7 187:4 75:11 103:20 105:21 21:21 22:2 24:20 203:2,8,11,21 204:2,5
195:22 196:15,15,19 106:4 135:19,21,22 25:12 26:16 27:1,14 204:12 206:1 209:3
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roughly 228:18 231:17 234:14 33:14 36:1,4 37:9 216:12 217:10,20
81:9 220:22 saying 38:14 40:7 41:12,18 218:17 219:11 222:20
routine 17:13 19:10 47:9 50:3 42:10,15 43:14,19,19 223:7,14 226:10
142:6 51:19 67:7 80:2 44:1,1,2 45:7,8 47:5 233:10 235:10
routinely 85:11 88:8 114:8 55:2,16 58:9 60:5,22 Schmidts
84:13 116:13 122:5 127:15 61:5,17 63:21 64:18 169:12
ruined 127:16,17 128:7 65:7 81:17 83:8,10,20 Schmidt's
72:11 73:20 129:2,14 131:11,12 84:6 86:2,6,11,19 9:22 11:5,8 22:10
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188:11 159:22 172:13 173:19 95:4 96:19 98:12,15 83:11 89:13 100:22
rules 174:11 205:19 210:14 99:7,14 100:4 103:11 105:2 115:3 123:19
38:4 212:17 213:14 214:2 103:16 105:3,5,5 124:11 148:6 167:16
rumors 216:18 108:3,8,15,18 109:1,4 168:18 176:12 183:22
212:2 213:14,18 says 109:7,17 110:5,19 184:20 190:13 198:20
run 18:15 46:6 48:17 54:8 111:5,15 112:18,22 205:7,12 210:3 216:3
123:13 60:19 61:5 63:19 113:6,13 114:4 science
runs 65:12 67:4 78:21 115:12 118:1,14,17 106:17
33:22 110:14 80:9 83:7 104:18 119:15,18 122:17,19 second
Ryan 110:5 111:11 113:3 123:9 124:2,2,6,6,14 10:6 22:2 48:9 64:6
207:14 115:22 116:2,17 124:19 126:14 128:3 84:1 96:6 104:1
R-O-B-S-H-A-W 118:6,16 119:14 129:1 130:7,20 105:16 109:14 118:6
5:10 122:18 123:17 124:13 131:11,13,21 133:16 119:1 141:16 150:4
125:21,22 127:3,12 133:22 134:17 135:8 157:11 168:11 175:22
S 133:10,12 136:15 135:9,16 136:7,12,14 184:1 192:3,14,22
S
PLANET DEPOS
265
202:6 207:1 224:6 September 174:10 194:3 217:1 12:5 188:9,13,14,16,18

231:12 1:14 8:21 9:4 10:14 sexually 188:19
security 24:19 27:14 76:5 60:22 side
142:9,18 83:20 132:3 133:21 sexy 212:1
see 144:5,12,13,18 232:17 sight
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73:8 82:20 104:1 231:16 235:10 sharing 81:20 125:18 126:21
109:11 110:17 125:3 sergeant 20:22 127:9,22 128:8
126:6 139:20 204:8 9:18 10:3,3 22:15 28:9 sheet 129:13 236:6
235:4 28:9,12,13 29:15,16 33:20 237:6 signature
seeing 30:8,19,21 31:4 32:8 Sheriff's 81:21 82:2,3 125:5
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214:12 225:11 90:1,6,8,12,18 93:4,4 230:4 18:22 47:5 81:22 82:13
seek 93:5 120:7,7 121:3,8 shift 127:4 128:18,21
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185:2 186:9 195:8 serious 153:9 185:19 186:1 44:9 164:7 180:15
206:20 215:15 223:16 116:22 154:12 155:11 188:14 194:10 198:17 204:19
227:7 179:7 233:22 Shorthand sister-in-law
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33:20 38:19,21 79:16 62:14 83:10 84:4 174:7 sick 128:15
PLANET DEPOS
266
sliding sound 55:14 81:17 84:18 88:13

150:18,18 108:10 224:9 spreading 98:9,14 99:4,9 102:21
slightly sounding 213:14,18 102:22 105:22 111:13
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slow span 229:6 113:3,4,6,20,22
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177:20 special 89:2,10 90:11,13 145:19 146:14,20
smoke 165:7 101:10 115:1 147:3,5,7,8,15 148:12
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129:18 130:5,6 147:2 69:17 started 149:5,22 150:13
150:9 151:2 167:7 speed 82:18 92:18 131:18 151:11 160:8 162:4
175:8 177:15 179:1 24:16 155:3 181:12 198:3 163:4,6,11,14,21
181:4 186:11 187:6 spell starting 165:1,3 191:13 194:7
196:15 233:22 11:21 49:22 119:7 135:15 202:3 203:2 212:3,4
someplace spend 223:13 213:15,19 233:4,13
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sort 59:10 47:6 71:10 76:14 109:13 208:21
8:9 49:22 spouses 78:17,18,21 80:9 stayed
PLANET DEPOS
267
56:8 223:2 subject 76:22 114:12 127:3 4:1,1,5

stenotypy 33:15 107:17 116:5 128:1 195:15 tab
238:6 137:4 150:6,13 supervisors 45:5,6 64:14 65:3,3
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59:22 148:5 199:5 subjects supporting 131:17 133:17 136:19
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148:9 Submit supposed 177:19 183:18,20
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Stone's 217:20 113:11 128:4 133:7 154:17 168:4 183:15
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230:21 18:6 190:2 165:5,9 178:21
structure suing switched 179:10 195:21 196:21
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181:19,22 182:1 3:5 5:4 98:8 238:5 208:5 210:3
stuff summons symptoms talking
17:22 127:22 160:8 207:17 188:22 8:8 61:21 66:9 104:15
stupid supervisor 133:6,17 149:16
71:19 27:11 28:16 31:9 76:20 T 162:1,2 164:22
T
PLANET DEPOS
268
168:19 175:12 190:15 terminated 175:15 180:21 182:21 217:19

205:17 21:20 22:2 35:9 77:18 192:11 194:11 195:4 threat
talks 82:10 149:2,5 151:21 195:12 198:21 207:12 233:16
38:9 156:9,13,14,15 157:3 214:21 237:3,5 238:4 threaten
tangent 163:7,8 193:13 238:5,8 184:8
53:18 204:22 222:21 223:2 text threatened
tapes 226:7 74:18 97:8 184:4,10
208:21 209:18 terminating Thank three
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117:2,4,11,15,15 147:3 termination theoretically 95:15 96:1 156:8
150:9 151:3,10 21:17 22:10,11,13,17 113:18 229:3
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37:4 41:16 42:10,11 208:13 211:8 217:10 208:12 210:3 220:13 8:20 9:1,2 10:6 11:1
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178:4 184:9 185:21 160:7 99:5 160:5 161:22 35:21 38:12 50:6,6
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30:7 50:12 88:22 5:6 24:13 54:13 57:19 208:22 209:7 59:1 71:18 72:19
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209:10 171:7,19 173:19 162:9 196:14 217:16 times
PLANET DEPOS
269
12:7,8 16:20 26:22 229:14 232:11 160:12 175:5,20 177:18

27:5 51:20 78:21 touchy-feely treatment 183:18 184:13 185:9
148:2 230:6 9:20 15:14 44:2 84:16 190:1 195:3 196:2,11
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today 93:4 94:18 16:8 80:12 81:11 82:10 223:7 235:2
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today's 12:19 13:4,9,13,15,21 163:11,17,22 180:12 8:20 22:16 33:12 59:20
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PLANET DEPOS
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PLANET DEPOS

Transcript Chief Harry Robshaw Deposition

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Case 8:13-cv-03282-GJH Document 39-9 Filed 10/16/15 Page 1 of 274

Transcript of Chief Harry Robshaw

Case: Schmit -v- Town of Cheverly

Worldwide Court Reporting | Interpretation | Trial Services

2 at the offices of:

14 a Shorthand Court Reporter and Notary Public in and

15 for the State of Maryland.

2 ON BEHALF OF THE PLAINTIFFS:

3 ANDREW S. CABANA, ESQUIRE

4 LAW OFFICE OF ANDREW CABANA, P.C.

5 2121 Eisenhower Avenue, Suite 200

6 Alexandria, Virginia 22314

9 ON BEHALF OF THE DEFENDANTS:

10 MATTHEW PETER, ESQUIRE

11 7225 Parkway Drive

12 Hanover, Maryland 21076

16 DAVID W. WARRINGTON, Town Administrator

2 EXAMINATION OF CHIEF HARRY ROBSHAW PAGE

7 ROBSHAW DEPOSITION EXHIBIT PAGE

8 Ex. 1 Amended Complaint 14

9 Ex. 2 Defendant's Answer 16

3 CHIEF HARRY ROBSHAW,

4 being first duly sworn or affirmed to testify to the

6 examined and testified as follows:

7 EXAMINATION BY COUNSEL FOR PLAINTIFFS

9 Q Could you state your name for the record.

10 A Harry Robshaw, R-O-B-S-H-A-W.

11 Q Okay. And where are you employed, Mr.

13 A I'm employed as the chief of police for

14 the town of Cheverly in Cheverly, Prince George's

16 Q How long have you had that position?

17 A Approximately eight years.

18 Q You said you're chief of police. Would I

19 be correct when I assume that you have been deposed

22 Q And you've given testimony in court

3 Q So you understand you're under oath, and

4 under the penalties of perjury, you have to give

5 truthful answers to the best of your ability and

8 Q Are you under any drugs or medical

9 condition that would prevent you from answering

12 MR. CABANA: Okay. And could we just

13 notice on the record that the town administer,

14 Mr. Warrington, is also present at the deposition.

16 Q When did you first come to know -- I'm

17 going to call him Officer Frank Schmidt?

18 A He applied for the department in early

20 Q Okay. And were you involved in the

21 decision to hire him?

22 A I participated in the oral interview, and

2 Q Okay. And, ultimately, is the decisions

3 to hire and fire for the police force your

6 Q And who else has input into those

7 decisions? Who, if anybody?

8 A I don't remember exactly who was on the

9 oral board, but those -- those people, as well as

10 supervisors on the department.

11 Q Is Mr. Warrington, the town administrator,

12 involved in decisions regarding the hiring of police

14 A He reviews the final jacket that I would

15 turn into the Maryland Police Training Commission

17 Q Now, how many officers or -- how many

18 employees on the police force approximately?

21 A Twenty with positions that are not able to

22 be filled right now. Including those positions,