Steven Cooley, March 12, 2014Paul Murphy v. Whatcom County
3206 Wetmore Avenue, Suite 12 - Everett, Washington 98201BMA Court Reporters, (425) 252.7277
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1
2
3
4
5
6
7 UNITED STATES OF DISTRICT COURT
8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE
9 ---------------------------------------------------------------
10 PAUL MURPHY, together with his ) marital community, )
11 Plaintiffs, ) )
12 vs. ) NO. 2:13-CV-00727 )
13 WHATCOM COUNTY, WASHINGTON, a ) VOLUME II government entity; WHATCOM COUNTY )
14 SHERIFF'S DEPARTMENT; WILLIAM J. ) ELFO, together with his marital )
15 community, ) Defendants. )
16 ---------------------------------------------------------------
17 DEPOSITION UPON ORAL EXAMINATION OF
18 STEVEN COOLEY, VOLUME II
19 ---------------------------------------------------------------
20 3:48PM - 4:18PM March 12, 2014
21 Whatcom County Courthouse 311 Grand Avenue
22 Bellingham, Washington 98225
23 Reported by Kristen M. Uhlig
24 Certified Court Reporter, CCR, CSR Washington CCR #1934
25
Steven Cooley, March 12, 2014Paul Murphy v. Whatcom County
3206 Wetmore Avenue, Suite 12 - Everett, Washington 98201BMA Court Reporters, (425) 252.7277
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1 A P P E A R A N C E S
2
3 FOR THE PLAINTIFFS:Emily Beschen & Robert Butler
4 Law Offices of Robert Butler103 East Holly Street Suite 512
5 Bellingham, Washington 98225360.734.3448
6
7 FOR THE DEFENDANTS WHATCOM COUNTY & SHERIFF'S DEPARTMENT & ELFODale Kamerrer
8 Law Lyman Daniel Kamerrer Bogdanovich2674 RW Johnson Blvd SW
9 Tumwater, Washington 98512360.754.3480
10
11 FOR WHATCOM COUNTY:Elizabeth Gallery
12 Whatcom County Prosecutor's Office311 Grand Avenue
13 Bellingham, Washington 98225
14ALSO PRESENT:
15 William ElfoTara Adrian-Stavik
16
17 I N D E X
18 EXAMINATION: PAGE
19 BY MS. BESCHEN...............................................32
20
21
22 EXHIBIT DESCRIPTION PAGE
23 55....Attachment C, Listing of Allegations...................32
24
25
Steven Cooley, March 12, 2014Paul Murphy v. Whatcom County
3206 Wetmore Avenue, Suite 12 - Everett, Washington 98201BMA Court Reporters, (425) 252.7277
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1 STEVEN COOLEY,
2 having been first duly sworn, was called as a witness herein and
3 was examined and testified as follows:
4
5 MR. KAMERRER: Before you start with the questions and
6 for the record, I am withdrawing my objection stated yesterday
7 to Exhibit 29.
8 MR. BUTLER: Okay.
9
10 (Marked Deposition Exhibit No. 56, which later is remarked as 55)
11
12 CONTINUATION OF EXAMINATION OF STEVEN COOLEY BY MS. BESCHEN
13 DEPOSITION, VOLUME II
14
15 BY MS. BESCHEN:
16 Q Okay. The court reporter has just handed you what's been
17 marked as Exhibit No. 56. Have you ever seen this document
18 before? (Sic)
19 A Yes.
20 Q Okay. Did you create this document?
21 A I did.
22 Q Okay. Good. Going through -- what did you use to create this
23 document?
24 A You mean software?
25 Q No. What documents did you rely upon in the creation of this
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1 document?
2 A Different documents depending on which referenced document --
3 referenced complaint we're talking about. Basically, the files
4 that I maintained in my office.
5 Q Okay. Why did you create this document?
6 A I believe that it was in response to a discovery request, an
7 interrogatory.
8 Q Do you remember what that interrogatory was asking?
9 A Not verbatim, no.
10 Q Okay. Do you remember the gist of it?
11 A Yes. It was essentially asking for any inquiry into any
12 allegation of dishonesty -- I'm paraphrasing -- on the part of
13 any deputy sheriff at the sheriff's office between certain
14 dates.
15 Q Okay. What did you do to locate the dishonesty investigations?
16 A I did a hand search through all of the files that I have back
17 to the date in question and a computer search, actually.
18 Q When you did the computer search, what search terms did you
19 use?
20 A I don't remember, but I can tell you some of them.
21 Q Sure.
22 A I'm not going to be able to give you a complete list.
23 Q Sure.
24 A Probably lie, lied, honest to honesty, things like that.
25 Q Okay. Are the computer files related to these investigations
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1 kept in PDFs or Word documents?
2 A Various forms.
3 Q Are your PDFs searchable?
4 A Yes.
5 Q Looking at the first line that states 2002A22312 reading across
6 the lines, citizen complaint, 10/27/2002, Craig Wilder,
7 Lieutenant Ferry, sergeant and/or deputy lied about call
8 response. Looking at the first number, the 2002A22312, what
9 kind of a reference number is that?
10 A That's a sheriff's office event number, incident number. It's
11 referred to in different ways, but basically a case report that
12 any deputy would file.
13 Q For, like, a police report in connection --
14 A Correct.
15 Q -- with the criminal investigation?
16 A Yes.
17 Q Okay.
18 A Or not necessarily a criminal investigation. Any time we
19 respond to any request for assistance, whether it be a civil --
20 any time a deputy writes a report, it gets assigned a number
21 and that would -- that's including criminal investigations.
22 Q Okay. It states that this was a citizen complaint. Do you
23 recall who the citizen was?
24 A Other than the name there, no.
25 Q Any by the name there, you are referring to where it says Craig
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1 Wilder?
2 A Craig Wilder is the name of the citizen. That's correct.
3 Q Okay. Who was the deputy that was at issue in that incident,
4 the 2002A22312?
5 A Yeah. Without the paper in front of me, I don't recall.
6 Q Going to the line below with the reference number, 2004-011,
7 what type of reference number is that?
8 A That is, I believe, just a complaint number. I don't know how
9 it was generated. We've changed numbering systems throughout
10 the past 10 years for citizen complaints, for investigations,
11 and that kind of thing. I think that that was -- that's not a
12 case number as described to you a few minutes ago.
13 Q Okay.
14 A That's an internal tracking number of some kind. I can't
15 recall how that was generated.
16 Q Okay. The reporting party is Leda Kiendy, K-I-E-N-D-Y.
17 A Correct.
18 Q With the investigator being Sergeant Flynn. What deputy did
19 this investigation pertain to?
20 A It was two deputies. Your client, Deputy Murphy, and former
21 Deputy Freeman.
22 Q What was the purpose for this search that you recall?
23 A I believe that they were searching a house. I don't recall
24 what they were looking for.
25 Q It says that the outcome was exonerated. What does that mean?
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1 A Exonerated is a term that means the deputies did the things
2 that they were alleged to have done, but the conduct was not
3 misconduct. It was acceptable.
4 Q Okay. Going to the next line down, 2006001. It states that
5 this was an administrative investigation with the reporting
6 party being Nadine Ethridge. Do you know who Nadine Ethridge
7 is?
8 A Other than the fact that she's a -- well, I know who -- other
9 than the fact that she's the civilian who reported the
10 complaint. Yes.
11 Q So she's a civilian as opposed to an employee?
12 A Correct.
13 Q Okay. And what deputy was that investigation about?
14 A Deputy Glenn Slick.
15 Q Is he still employed with the county?
16 A Yes, he is.
17 Q It states that the allegation is comments by investigator that
18 the subject deputy may not have been honest during an
19 interview. Do you recall who the investigator was?
20 A Right. As it says on the document there, it's Lieutenant Edge.
21 Q Okay. Do you know what the statement was that the deputy was
22 alleged to have been dishonest about?
23 A One of the acts that he was alleged to have committed, the
24 investigator surmised that either he was lying when he said
25 that he didn't commit it, or that he simply honestly didn't
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1 remember doing it. So there was no direct allegation of
2 dishonesty. It was just that the deputy was doing one or the
3 other.
4 Q What was the act?
5 A I don't recall the specific act. It was just the general
6 conduct of that evening. I believe that it was touching the
7 breast of Ms. Ethridge, if I remember correctly, in public.
8 Q Okay. Do you know if that was ever reported to the prosecuting
9 attorney's office?
10 A I -- I don't recall.
11 Q Okay. Moving down to the line below with the reference number
12 2005A21132. It states an administrative investigation from
13 June 2006, with the reporting party being Deputy Taddonio and
14 the investigator being Chief Moyes. The allegation states,
15 "Investigator stated that circumstantial evidence indicated
16 subject employee lied to a detective during an interview about
17 a criminal case."
18 Which employee is this?
19 A Penny Goodman.
20 Q Okay. What was that investigation about more specifically?
21 A She was alleged to have made some sort of dishonest statement
22 to your client when he was a detective during an interview.
23 Q Is there a file on that?
24 A Yes. There is a file on that.
25 Q Do you know what the contents of that file are?
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1 A There's an administrative investigation, so I can't list them
2 all for you now. But there would be documents and interviews
3 and things like that.
4 Q Okay. It states as the outcome that there was a procedural
5 failure which prevented formal discipline.
6 A Yes.
7 Q Are those your words typing, procedural failure prevented
8 formal discipline?
9 A That's -- those are my words, yes.
10 Q Okay. What is that referring to?
11 A The person who investigated that particular case neglected to
12 read Ms. Goodman some of her -- some of the required rights
13 that she had before interviewing her. And therefore, the
14 decision of the administration at the time was that they were
15 unable to discipline her because of that fact.
16 Q Do you know who made that decision of the administration?
17 A Yes. I believe that it was undersheriff -- former Undersheriff
18 Cary James.
19 Q Okay. Looking down to the next line with the reference number
20 of 2007A03530 states as a citizen complaint with the date of
21 the incident being February 17th, 2007 and the reporting party
22 being Laura Stinson. The allegation is that a deputy falsified
23 a report. Do you remember which deputy that was referring to?
24 A I don't.
25 Q Do you recall -- do you recall what the situation was?
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1 A I don't. I'm trying to remember.
2 Q Sure. Yeah. Take your time.
3 A Yeah. I can't remember.
4 Q How long ago was it that you assembled this list?
5 A I'm not sure whenever that discovery request was. A few
6 months?
7 Q Going to the next line down, the reference number, OPS
8 2009-008. What type of reference number is that?
9 A That's another iteration of our numbering system for
10 administrative investigations.
11 Q Okay. So is that -- later we see administrative investigations
12 with an AI number starting. That's the new way and the old way
13 is OPS?
14 A Correct.
15 Q So going across that line with the date of incident being
16 March 18th of 2009 and you being the reporting party, which
17 deputy is this referring to?
18 A Deputy Mark Lann.
19 Q What is the false statement that he's alleged to have made
20 during an interview?
21 A I don't recall the specific statement in that investigation.
22 Q What led him to be interviewed in the first place?
23 A He was the subject of that investigation. So in other words,
24 he was the one that was accused of misconduct.
25 Q And you don't recall what the initial misconduct was?
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1 A That was during a period where I was doing essentially -- we
2 did five investigations on him in a row. That was the fourth
3 of them. I believe that that was the investigation in which he
4 allegedly failed to document additional items that were stolen
5 during a burglary after a victim called him to report those
6 items missing. But I'm not positive of that.
7 Q Do you recall why it states, going across the line, that the
8 allegation was not sustained? Do you recall who made that
9 decision to not sustain that allegation?
10 A That probably would have been Sheriff Elfo.
11 Q Okay. Going down to the next line with the reference number
12 OPS 2009-009, this is an administrative investigation from
13 March 23rd, 2009 with you as the reporting party and you as the
14 investigator.
15 It states that the allegation, again, is that the deputy
16 made a false statement during the interview. Do you know which
17 deputy this referred to?
18 A The same deputy, Deputy Mark Lann.
19 Q Okay. Do you know how many times he was interviewed in
20 connection with that administration investigation?
21 A That particular investigation?
22 Q Mm-hm.
23 A I don't recall the total number of times. Usually, it's at
24 least once.
25 Q Okay. It looks -- so OPS 2009-008 and OPS 2009-009, why did
Steven Cooley, March 12, 2014Paul Murphy v. Whatcom County
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1 those have two different reference numbers?
2 A Because they're different instances of misconduct. If you look
3 at the dates of the incidents, they were about a week apart.
4 Q So would it be correct if I presumed that the date of incident
5 was the date of his interview?
6 A No. No. The date of the incident would be the date that the
7 actual act of misconduct allegedly occurred.
8 Q Okay. Do you know what the OPS 2009-009 underlying misconduct
9 was?
10 A As I mentioned, that's the fifth in the series of five. I did
11 them in very short order.
12 Q Do you -- if you're thinking --
13 A Yeah. I can't remember that one specifically.
14 Q Okay. Do you recall if you recommended any of those
15 allegations to be sustained?
16 A It's not my place as the investigator to recommend whether an
17 allegation should be sustained or not.
18 Q Have you ever made a recommendation to sustain an allegation?
19 A I think when I was new to the job, I may have during some early
20 investigations. But we kind of redesigned the way that we did
21 internal investigations and kind of looked at whose role it was
22 to do certain parts of the process.
23 I determined that given the fact that I was doing the
24 investigations themselves and it was my job to gather the facts
25 and the circumstances surrounding those and document that, that
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1 it was probably not appropriate for me to make then judgments
2 based upon those facts and conclusions.
3 Q Okay.
4 A So since that time, I have not.
5 Q Okay. Moving down to the next line with the reference number
6 OPS 2009-014, it states that this is administrative
7 investigation from November 28, 2009 with Inspector Cooley,
8 you, as the reporting party and Inspector Cooley, you, as
9 investigator. The allegation states, "Reserve deputy made
10 false statements during interview."
11 Do you recall who that reserve deputy was?
12 A Yes. Reserve Deputy Cody Chambers.
13 Q And is Cody Chambers still a reserve deputy?
14 A I believe so, yes.
15 Q Do you know what he was interviewed in connection with?
16 A Yes. I don't remember all of the specifics, but I can
17 summarize for you, if that's what you would like.
18 Q Yeah. That would be great.
19 A There was an issue with signing a ride-along waiver. When we
20 have a civilian ride-along with us, they -- we require them to
21 sign a waiver of liability, basically, in case they get hurt or
22 killed while they're riding-along with us.
23 Again, I don't remember the details, but basically that
24 form did not get signed. And somehow we found out that it got
25 signed after the fact instead of before the ride-along.
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1 During the course of the investigation to figure out
2 exactly what happened, he made a false statement that I was
3 able to verify was false.
4 Q Okay. Was the prosecuting attorney's office notified about
5 that?
6 A Not to my knowledge.
7 Q Okay. What about the instances with Deputy Lann? Was the
8 prosecuting attorney's notified about those?
9 A He has been in the past about Deputy Lann, but I don't know
10 about those two investigations specifically. I don't recall.
11 Q Okay. Moving down to the next line. It states -- there is no
12 reference number. The type is an employee complaint with the
13 date of the incident being February 20th, 2013. The allegation
14 is, "Sergeant reported veracity concerns about another
15 sergeant."
16 Who were the two sergeants involved in that allegation?
17 A Sergeant Moyes, as it says here, was the reporting party and
18 the sergeant he was alleging had veracity issues was Sergeant
19 Mede.
20 Q Okay. It states in the outcome that those allegations were
21 unfounded.
22 A Correct.
23 Q Who made that determination?
24 A I don't know if it was Undersheriff Parks or Sheriff Elfo that
25 finally, as I recall seeing -- it left a final letter from
Steven Cooley, March 12, 2014Paul Murphy v. Whatcom County
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1 Undersheriff Parks. I don't know if Sheriff Elfo was involved
2 in it or not.
3 Q Okay. Did you write a report in that case or did you have
4 anything to do in that case?
5 A I did have something to do in the case, yes.
6 Q What was your involvement in the case?
7 A Sergeant Moyes sent me a request to meet with me, basically to
8 talk to me about this matter. And then the next day or --
9 within a day or two, we did. He met in my office and he
10 expressed his concerns -- listed several concerns about this
11 particular sergeant, Sergeant Mede. So I listened to him and
12 took notes.
13 And then the following day, I relayed those concerns to
14 Chief Chadwick because they were -- it was all within his
15 bureau. He and I conferred and agreed that he would address it
16 as a bureau matter. It didn't really rise to the level of me
17 as the investigation -- as the inspector investigating it at
18 that time. And that if it needed to, that he would later refer
19 it to me.
20 Q Okay. Did he later refer it to you?
21 A No.
22 Q What were the concerns that you took note about in your meeting
23 with Moyes?
24 A I summarized them in the memorandum for the undersheriff later,
25 but I can try to tell you off the top of my head, if you want.
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1 Q Yes.
2 A There were some concerns that when confronted by deputies, kind
3 of in an interpersonal interaction about something, that
4 Sergeant Mede had allegedly said -- Sergeant Mede would deny
5 that he had said it.
6 You know, for instance, did you say this to so and so?
7 Sergeant Mede would say, no, I didn't. And then the deputy
8 would find out that he actually had. Sort of a: He said, she
9 said sort of thing.
10 Q Okay. Any others that you can recall?
11 A I'm trying. There were other concerns, not just veracity
12 concerns. I included it in this particular table because there
13 were veracity concerns, but there were other issues as well.
14 That was the gist of the -- well, there was a -- I'm
15 sorry. There was a -- the reason that I believe Moyes came to
16 me in the first place was that I had just finished
17 investigating a crash in which I believe Moyes had been
18 involved following a pursuit.
19 During that investigation, I documented the fact that
20 Moyes told me one thing and Mede told me the other. And they
21 both were opposite basically. I didn't really have any way of
22 verifying which was true, and so I simply documented it that
23 way in the investigation.
24 And Moyes reiterated at the beginning of our talk when
25 we came to see me, that he believed that Mede had lied and that
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1 his version was true. So that was essentially the gist, I
2 think, of the veracity concerns. The rest were just how Mede
3 conducted himself.
4 Q Do you know if the concerns about Mede were ever communicated
5 to the prosecuting attorney's office?
6 A This particular issue was reviewed later, yes.
7 Q Who reviewed that issue?
8 A I'm not sure.
9 Q Were you present in the meeting?
10 A I may have been. I'm trying to remember. I know that we
11 talked about it. I can't recall.
12 Q Okay. Why does that particular line item not have a reference
13 number?
14 A Oh, because it wasn't -- I didn't take it as a -- as a -- enter
15 it into my system. It wasn't an official complaint that I
16 would handle. It was more of, like I said, it was more of an
17 internal employee issue that we wanted to explore. And then if
18 it needed to be officially investigated by me, then I would
19 assign it a number.
20 Q Okay. And Chadwick is the one who told you -- who directed you
21 not to?
22 A Well, we're colleagues so we sort of -- we --
23 Q Decided?
24 A Yes. We collaborated on what the best course of action to do
25 was and we both agreed that the best course of action, again,
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1 since it was -- we had one -- basically one sergeant telling us
2 one thing. And that it would be best for him to kind of talk
3 to the employees involved and see if, in fact, there were some
4 concerns that needed to be investigated.
5 Q Okay. Have there been other officer veracity concerns that
6 have not been assigned case numbers?
7 A Not to my knowledge, because they would be on this list.
8 Q Okay. Going back to the last line item, which is AI 2003-003
9 states, "Administrative investigation," with the date of the
10 incident being September 25th, 2013. The reporting party is
11 Sergeant Huso and you as the investigator. The allegation is
12 the, "Deputy made false statement during interview."
13 Which deputy is this investigation referring to?
14 A It's Deputy Mark Lann.
15 Q Do you recall what the false statement was in that case?
16 A Yes.
17 Q What was it?
18 A It was a sequence of events issue. Deputy Lann stated that a
19 certain sequence of events occurred in a certain sequence. And
20 I was able to -- I found out during an investigation that, in
21 fact, it did not occur in that order.
22 Q Okay. Did you provide, responsive to our discovery requests,
23 any of the reports or case files that are referred to in this
24 sheet?
25 A No. As you probably know, you didn't ask for that during the
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1 discovery, but you subsequently filed a public disclosure
2 request, which I'm in the process of fulfilling.
3 MS. BESCHEN: Let's take a five minute break and go
4 off the record.
5 (Recess Taken)
6 (Deposition Resumed)
7 MS. BESCHEN: Let's go back on the record.
8 Q (By Ms. Beschen) Okay. The court reporter has just handed you
9 what was previously marked in another deposition as Exhibit 9.
10 Go ahead and read that and let me know when you're done.
11 A Okay.
12 Q Do you recall sending this e-mail?
13 A Yes.
14 MS. BESCHEN: I have no further questions. He may
15 have some questions for you.
16 MR. KAMERRER: No questions.
17 (Signature Reserved)
18 (Deposition Adjourned)
19
20
21
22
23
24
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1 C E R T I F I C A T E
2 STATE OF WASHINGTON ) ) ss.
3 COUNTY OF ISLAND )
4 I, Kristen M. Uhlig, the undersigned CCR in and for the Stateof Washington, do hereby certify:
5 That the annexed and foregoing deposition of the witness
6 named herein was taken stenographically before me and transcribedby me;
7 I further certify that the witness examined, read, and signed
8 the deposition after the same was transcribed, unless indicated inthe record that the parties and the witness waive the signature;
9 I further certify that all of the objections made at the time
10 of said examination to my qualifications or the manner of takingthe deposition, or to the conduct of any party, have been noted by
11 me upon said deposition;
12 I further certify that I am not a relative or employee orattorney or counsel of any of the parties to said action or
13 counsel, and that I am not financially interested in the saidaction or the outcome thereof;
14 I further certify that the deposition, as transcribed, is a
15 full, true, and accurate transcript of the testimony, including allquestions and answers, and all objections, motions and exceptions
16 of counsel made and taken at the time of the foregoing examination;
17 I further certify that I am sealing the deposition in anenvelope with the title to the above cause thereon and marked
18 "Deposition Upon Oral Examination" of said witness and promptlycausing the same to be delivered or forwarded to Counsel for the
19 Opposing Party;
20 IN WITNESS THEREOF, I have hereunto set my hand and affixedmy official seal this ___ day of____________, 2014.
21
22 __________________________
23 Kristen M. Uhlig, #1934 Certified Court Reporter,
24 Residing in Clinton, Washington.
25
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