FOR THE DISTRICT OF OREGON COPY · Constance A. Doolan, 8/22/2008 Chasse v.Humphreys, et al. APPEARANCES: For the Plaintiffs: MR. THOMAS M. STEENSON Attorney at Law 815 S.W. Second,

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

JAMES P. CHASSE, JR.; JAMES P. ) CHASSE; LINDA GERBER; and MARK ) CHASSE, individually and in his ) capacity as Personal Representative ) of the ESTATE OF JAMES P: CHASSE, ) JR., )

Plaintiffs, ) v.

COPY )NO. CV-07-0189-HU

CHRISTOPHER HUMPHREYS; KYLE NICE; ) CITY OF PORTLAND; CITY OF PORTLAND ) JOHN DOE FIREFIGHTERS/PARAMEDICS; ) PORTLAND POLICE BUREAU and OTHER ) PORTLAND JOHN and JANE DOE ) OFFICIALS; BRET BURTON; MULTNOMAH ) COUNTY; MULTNOMAH COUNTY JOHN and ) JANE DOE DEPUTY SHERIFFS and MEDICAL) PERSONNEL; MULTNOMAH COUNTY JOHN and) JANE DOE SHERIFF'S OFFICE and OTHER ) OFFICIALS; TRI-COUNTY METROPOLITAN )

TRANSPORTATION DISTRICT OF OREGON; )

and AMERICAN MEDICAL RESPONSE )

NORTHWEST, INC . , )

Defendants . )

DEPOSITION OF

CONSTANCE A. DOOLAN

Taken in behalf of Defendants

August 22, 2008

1211 S.W. Fifth, Suite 1900

P

Shannon K. Krska, CSR *~

Court Reporter

4 0 0 Calurnbio, Suite 140 Vancouver, WA 98660

Schrmtt&Lehmann,lnc. (360) 695-5554

C O U R T R E P O R T E R S

Fax 1360) 695-1737 w.slreporting.com

121 SW Morrison St., Suite 850 Portland, OR 97204 15031 223-4040 siin~@~westoifice.nei

Constance A. Doolan, 8/22/2008 Chasse v. Humphreys, et al.

APPEARANCES:

For the Plaintiffs: MR. THOMAS M. STEENSON Attorney at Law 815 S.W. Second, Suite 500 Portland, OR 97204

For the Defendants MR. JAMES RICE Humphreys, Nice, and Attorney at Law City of Portland: 1221 S.W. Fourth, Suite 430

Portland, OR 97204

For the Defendants MS. SUSAN DUNAWAY Burton and Multnomah Attorney at Law County : 501 S.E. Hawthorne, Suite 502

Portland, OR 97214

For the Defendant MS. JEAN BACK AMR : Attorney at Law

1211 S.W. Fifth, Suite 1900 Portland, OR 97204

Also Present: Kari Furnanz

INDEX

EXAMINATION BY :

Mr. Rice

Ms. Dunaway

Ms. Back

Mr. Steenson

Mr. Rice

Ms. Dunaway

Ms. Back

EXHIBITS

No. 356 Diagram

PAGE NO.

3 - 32

32 - 41

41 - 48

48 - 50

50 - 53

53 - 61

6 1 - 63

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PORTLAND, OREGON; FRIDAY, AUGUST 22, 2008

1 : 0 2 PM

* * *

CONSTANCE A. DOOLAN

called as a witness in behalf of the Defendants,

having first been sworn by the Reporter,

testifies as follows:

EXAMINATION

BY MR. RICE:

Q. Good afternoon, Miss Doolan. My name's

James Rice. I'm a deputy city attorney. We

introduced ourselves to each other a little while ago.

We're here to take your deposition this afternoon.

Have you ever had your deposition taken

before?

A. No.

Q. Have you had the opportunity to talk to any

lawyer about what a deposition is?

A. Only briefly to Tom.

Q. Okay. And did he tell you it's a question-

and-answer format?

A. Yes.

Q. And what we're going to do is also try and

help our court reporter here who has a very difficult

and even mysterious job getting all this down. So

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what I'm going to ask you to do is answer out loud

verbally instead of nodding your head just so she can

take that down. Do you understand that?

A. Yes.

Q. No. 2, I'll do my best not to talk over you

or speak at the same time, 'cause the court reporter

can only take done person down at a time. So I'd like

to - -

A. M-hm.

Q. - - finish my question before you answer it

and then 1'11 also try and give you the opportunity to

complete your answer before I begin the next question.

Okay?

A. Yes.

Q. Are you on any medication that would make it

difficult for you to do this today?

A. No.

Q. Did you get enough sleep last night so you

can answer our questions here?

A. Hopefully.

Q. Okay. If you want to take a break at some

time after any lawyer has asked you a question, if you

want to take a break, use the rest room, get a glass

of water, you can do that as well.

A. Great.



5

Q. It's important that we get accurate answers

from you today because, for example, if you're called

as a witness at trial and you gave a different answer

than you gave to us here today, any lawyer would have

the right to point that out to the jury. Do you

understand that?

A. I do.

Q . Very good.

Would you tell us your complete name, for

the record, please.

A. Constance Aurelia Doolan.

Q. Would you spell Aurelia to help our court

reporter out?

A. A-U-R-E-L-I-A.

Q. And can you give us what your address is in

Oakland?

A. 1016 59th Street, Oakland, 94608.

Q. And before coming in here today, did you

review any documents?

A. Idid.

Q. And what documents did you review?

A. The initial interview with Courtney.

Q. Okay. Detective Courtney?

A. Yes.

Q. Okay. Anything else?


Constance A. Doolan, 8 /22 /2008

A. No.

Q. Have you had any conferences with any

lawyers regarding the deposition here today?

A. I've spoken with Tom.

Q. Okay. And when did that take place?

A. This morning.

Q. Okay. And what did he tell you?

A. To answer questions truthfully and to make

sure I'm speaking with my own words.

Q. Okay. If I ask you a question that you

don't understand, doesn't make sense or there's a word

that's in there, would you tell me that and I will try

to correct the question?

A. Yes.

Q. Okay. Would you tell us what your

educational background is?

A. I have a bachelor's in music education from

the University of Oregon.

Q. Okay. And when did you attend the

University of Oregon?

A. Finished in 1979.

Q. Okay. And what's your place of birth?

A. Pasadena, California.

Q. Okay. How tall are you?

A. Five foot seven.



7

Q. Okay. Can you generally give me a summary

of your employment history since you graduated from

the University of Oregon?

A. Yes. I taught in Eugene for ten years. I

worked full time as an actor for four years after

that. And now I'm entering my 16th year I believe of

teaching in the Bay Area.

Q. And what kind of school do you teach in?

A. A private school.

Q. Okay. And is there a subject matter that

you focus on?

A. Music.

Q. Okay. You're wearing glasses here today as

I am. Do you use corrective lenses to see things that

are far away, up close, or both?

A. Far away.

Q . Okay.

A. Not up close.

Q. Okay. Do you have any medical training?

A. No.

Q . Were you ever in the military - - excuse me,

I cut you off there.

A. Actually, the only - - I have CPR training

through my school, but nothing other than that.

Q. All right. Do you have any training in

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psychology or psychiatry?

A. No.

Q. Were you ever in the military?

A. NO.

Q. Do you have any law enforcement training?

A. No.

Q. Prior to coming here, have you had any

contact with any member of the Chasse family?

A. NO.

Q. Okay. You've indicated to me that you've

given a statement to Detective Courtney. Is that

right?

A. Yes.

Q. Have you given anyone else any statements?

A. Yes. The internal review, police department

internal review.

Q. All right. Anyone else?

A. I believe I was interviewed over the phone

by The Oregonian, I believe, early on.

Q. All right. Anyone else?

A. I don't think so.

Q. Okay. We're here to essentially discuss

what you observed at N.W. 13th and Everett Street

involving Mr. Chasse. Do you understand that?

A. Yes.

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Q. Can you tell us how you came to be in that

general vicinity that day?

A. I had been to the theater and I was walking

around the Pearl District.

Q . And were you with any person or persons?

A. I was with Randall Stuart.

Q. Okay. And do you know where the two of you

were going when you came upon N.W. 13th and Everett

Street?

A. We were - - had been in a shop and we were

looking for a restaurant to have a bite to eat after

the theater.

Q. All right. And was there something that

caught your attention that made you think something

was going on involving Mr. Chasse?

A. I believe I heard sound first possibly,

although I don't remember specifically what it was.

Just something - - I heard some noise, I looked across

the street, I saw the men hit the pavement.

Q. Okay. And do you know which comer you were

on at the time?

A. I was on the northeast corner and they were

on the southwest corner.

Q . All right. Was there anyone or person

between you and what you observed of the officers?

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1 A. I don't believe so.

2 Q. And when you first saw the officers and

3 Mr. Chasse, did you see any contact with them?

4 A. Yes. I believe there was some weight of one

5 of the officers, I'm not sure who, on - - on Mr. Chasse

6 as they hit the pavement.

7 Q. Okay.

8 A. It was a bit of a pile.

9 Q. Okay. Did you actually see Mr. Chasse land

10 on the ground?

11 A. I think so.

12 Q. Okay. And did you see what parts of his

13 body came into contact specifically with the ground?

14 A. I don't remember that.

15 Q. All right. And there was - - there was one

16 officer on - - that landed on Mr. Chasse, do I

17 understand that right?

18 A. I'm not sure if it was one or more than one.

19 Q. Okay.

2 o A. I mostly remember the impression of them all

2 1 hitting the pavement and him having some weight on top

22 of him.

23 Q. Okay. Have you learned who the different

2 4 officers are in this case who have been sued?

25 A. yes.



11

1 Q. And do you recognize their both names and

2 faces? Can you correlate those two?

3 A. I believe so, m-hm.

4 Q. Okay. Do you know - - have you been able to

5 recollect and figure out which officer it was that

6 landed most prominently on Mr. Chasse?

7 A. No.

8 Q. Okay. And when the - - how many officers

9 were involved with Mr. Chasse at that time?

10 A. Three.

11 Q. And can you distinguish, in any way, the

12 colors of their uniforms?

13 A. Yes.

14 Q. Okay. Can you tell us about that?

15 A. Two were police officers I believe they were

16 in blue and one was in green.

17 Q. Okay. And once all three of them - - all

18 three officers went to the ground with Mr. Chasse

19 approximately the same time; is that right?

2 0 A. I think so.

2 1 Q. Okay. And can you tell me what happened

22 with - - between the officers and Mr. Chasse at that

2 3 time?

2 4 A. They were yelling at him to lie face down.

25 He was resisting, he was twisting around. He said no,


Constance A. Doolan, 8 / 2 2 / 2 0 0 8 Chasse v. Humphreys, et al.

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I don't want to.

Q. Okay. And as they're doing that, where are

the officers in relationship to Mr. Chassels body? Do

you know that?

A. I would say they were - - I think one was

more or less behind him on each side surrounding him.

Q. So one would be in - - behind him or near his

leg area; is that right?

A. Yeah, I'm not sure I can remember exactly

enough on that.

Q. Okay, all right. Mr. Chasse is resisting.

What are the officers doing to Mr. Chasse besides

telling him to lie down face down?

A. They're manipulating him physically, they're

twisting his arms, they're trying to get his arms

behind his back.

Q. Okay. And were they having difficulty doing

that?

A. Yes.

Q. How long did that go on before they actually

got his arms behind his back, if you have an estimate?

A. It seemed like a long time.

Q. Okay.

A. So some minutes.

Q. All right. Did you see any of the officers

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strike Mr. Chasse?

A. I did.

Q. Okay. Can you identify, by name, the

officers that did that?

A. It was either Officer Nice or Officer

Humphreys.

Q. Okay. Can you identify whether that person

was closest to you on the corner you were standing on

or on the other side of the body?

A. I think closest to me, but I'm not positive.

Q. All right. And when you saw that person

strike Mr. Chasse, can you describe how the strike was

made?

A. Two or three kicks to the mid body, the back

or mid body rib cage area.

Q. And you're indicating to me with your hand

somewhere between your armpit and waist area?

A. The top of the hip, yeah. And then a slap

up side the head.

Q. And you're indicating an open-handed slap?

A. Yes.

Q. And did Mr. Chasse react in any way to that?

A. H-m-m. Well, what happened at the same time

is the Taser was being used.

Q. Okay.

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1 A. So within a very short period of time he - -

2 he stopped moving, stopped talking, and wasn't

3 conscious.

4 Q. Okay. We'll get to that in just - - in a

5 minute.

6 A. M-hm.

7 Q. There's also an officer, one other officer,

8 that was at the scene on the other side of Mr. Chasse.

9 Did that officer strike or kick Mr. Chasse that you

10 observed?

11 A. Not that I observed.

12 Q. All right. And then there was another

13 officer who was in the green uniform?

14 A. I believe he's the one who used the Taser.

15 Q. All right. Before this incident, were you

16 familiar with Tasers?

17 A. NO.

18 Q. Have you studied up on Tasers or done any

19 research on Tasers since then?

2 0 A. No.

2 1 Q. So how did you even know it was a Taser?

22 A. Well, I've heard the term.

23 Q. Okay.

2 4 A. I've heard the term. I heard the clicks.

25 There was conversation going on around me as it was



1 5

happening.

Q. All right. And was the conversation - -

A. I had heard of them, but I didn't - - I

haven't studied them.

Q. Sure.

A. Yeah.

Q. And is the conversation you're talking about

police officers or is it other individuals like

yourself who just happened to be there?

A. Other witnesses.

Q. All right. And what did the other witnesses

say?

A. I don't remember specifically. I just know

the word Taser was mentioned.

Q. All right.

A. And we - - I saw it and I heard the clicks.

Q. All right. And are you still standing on

that northeast corner?

A. No.

Q. Okay. Where are you at that time?

A. During the initial struggle we crossed the

street to the southeast corner.

Q. Okay.

A. Very soon - - within the first minute or two

I think we crossed the street.

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Q. And - -

A. So we were closer than initially when we

watched that part.

Q. All right. And we is you and Mr. Stuart?

A. Yes.

Q. Okay. And were you standing on that corner

then observing what was happening?

A. During the whole event we were somewhere

between the corner and going up the stairs to the

restaurant.

Q. All right.

A. I had a package with me so we were - - we

moved around a bit while we were watching it because

we were there for some time for the whole event.

Q. All right. When the Taser was going off, do

you actually recall whether you were on the ground

floor or on the step area?

A. I don't. I remember I could see it clearly.

Q. All right. And do you recall, were you like

near the bottom of the step, up near the restaurant at

the top, or somewhere in between?

A. I would say somewhere in between.

Q. And where's Mr. Stuart in relationship to

you, if you recall?

A. Near me.



17

1 Q. Okay. Is he adjacent to you on the steps?

2 A. Yeah. Again, I'm not sure if we were on the

3 steps. Part of the time we were on the sidewalk, part

4 of the time we were on the steps.

5 Q. All right.

6 A. I don't remember exactly when we moved

7 where.

8 Q. All right. So there was the clicking noise

9 that you heard - -

10 A. M-hm.

11 Q. - - that you assumed was the Taser. Did

12 Mr. Chasse react to that in any way?

13 A. He became subdued and then stopped talking

14 and stopped moving.

15 Q. Okay. Prior to that, was there any

16 conversation among the officers themselves? Were they

17 saying anything to each other as opposed to

18 Mr. Chasse?

19 A. Yes.

2 0 Q. What did you hear?

21 A. I - - I did hear something about a bite.

22 Q. Did you see any biting going on?

23 A. I did not see biting. I saw one of the

2 4 officers withdraw his hand and check his hand.

25 Q. All right. And was that the - - this is one



1 8

of the police officers?

A. Yes.

Q. And was that the officer who was closest to

Blue Hour or the one on the other side of Mr. Chasse?

A. I believe it was Officer - - it was the same

officer, excuse me, who kicked and slapped him.

Q. Okay. And do you know that officer's name?

A. I think it was Nice, but it could have been

Humphreys.

Q. Okay. Did you hear any other discussion

among the officers?

A. I wasn't close enough to hear whole

conversation. I just sometimes hear - - heard a word

or two.

Q. Do you recall what those words were?

A. That's the only one I'm remembering right

now is the bite.

Q. Was Mr. Chasse saying anything during that

time?

A. He was unconscious.

Q. Okay. Just prior - -

A. Just prior to that? Yes. He was crying for

help. I mean, during the whole tackle/struggle until

2 4 the Taser took effect he was - - I think I already said

25 he said no, no, I don't want to. He didn' t want to



19

lay down on his stomach, he was crying for help, he

was screaming. I believe at one point he might have

said fuck you. He was quite verbal.

Q. All right. And you could understand what he

was saying?

A. At - - at times, yes.

Q. All right. And when he was screaming, it

can mean a lot of things that may be actually hard to

put into words. Is there any way you can describe the

screaming?

A. It was pitiful.

Q. Okay.

A. He was clearly frightened.

Q. Okay. And then Mr. Chasse, after the Taser,

became still; is that right?

A. Yes.

Q. And what position was his body in when he

became still?

A. I think he was turned away from me.

2 0 Q. Okay. So you were looking at his back area?

2 1 A. Yeah.

22 Q. And is he on his side or on his stomach at

2 3 that time?

2 4 A. I think he was on his side or - - or possibly

25 between the two.


Constance A. Doolan, 8 / 2 2 / 2 0 0 8 Chasse v . Humphreys, et al.

2 0

Q. Angled somewhere in there?

A. M-hm.

Q. Okay. And as you - - are you assuming that

he became unconscious at that point because he stopped

moving?

A. Yes.

Q. And would I also be correct in saying you

couldn't see his face or his eyes?

A. I don't remember seeing his face and his

eyes at that point.

Q. And when he became still, what did the

police officers do?

A. The paramedics arrived shortly after.

Q. Okay. Just stop you for a second.

A. M-hm.

Q. Was he handcuffed prior to this?

A. I think it was - - I believe that he was

handcuffed right as he stopped struggling.

Q. Okay. And then you indicated the paramedics

arrived?

A. M-hm.

Q. Did you observe anyone calling the

paramedics or hear anyone saying anything about that?

A. No, I don1 t remember that.

Q. Okay. From the time that he became still



2 1

and the paramedics arriving, do you have an estimate

of how much time that was?

A. It seemed to be four or five minutes - - oh,

no, I'm sorry. It seemed to me that he was

unconscious for four or five minutes, so it was less

time than that before the paramedics arrived. Because

he was unconscious when they arrived.

Q. Okay.

A. So a couple minutes, maybe one or two.

Q. And as heus lying there still, what are the

police officers doing, if anything?

A. I think standing around talking.

Q. Okay. Could you hear what they were saying?

A. No.

Q. When the ambulance people arrived, was there

one ambulance or two ambulances, do you recall?

A. I think there was an ambulance and a fire

truck.

Q. All right. And do you recall which one of

those came first?

A. I donut.

Q. Okay. And when the ambulance and/or fire

vehicle came, did you observe people coming out to

look at Mr. Chasse?

A. Yes.

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Q. Was there anything you can tell me about who

those people were or describing them?

A. There's - - the person I remember most is a

woman who came up to Mr. Chasse and was - - they seemed

to be waiting until he woke up.

Q. Okay. So when the fire people - - or excuse

me, the fire/ambulance people arrived, did they do

anything before they were waiting for him to wake up,

as you said?

A. I don't believe they did.

Q. All right. And - - well, how long do you

think they were there before Mr. Chasse stirred?

A. A few minutes.

Q. Okay. And when that happened? What did the

ambulance people do?

A. There was a white cylinder used for some

sort of test, I don't know what it was. There was

also something wrapped around his arm.

Q. Did you recognize what the white cylinder

was?

A. No.

Q. Did you recognize what was wrapped around

his arm?

A. Possibly blood pressure.

Q. Okay. And when that was being done, was



23

that being administered by any particular medical

person?

A. The main person I remember is the woman,

so - -

Q . And when she was doing whatever she was

doing to him, is she standing or sitting on the ground

or kneeling or is there a chair?

A. There's no chair.

Q . Okay.

A. I actually believe there was a - - it may

have been a man who did those tests. I'm just trying

to remember. And I - - I mostly remember them mostly

standing, not - - not actually sitting. They may have

knelt over, but - -

Q. All right. Those tests were performed on

Mr. Chasse. Was there any conversation among the

police officers, the medical care providers that you

heard?

A. Not that I heard. They were talking, but I

didn't hear whole conversations.

Q. All right. Once those tests had been

performed and the - - are the officers still in the

general vicinity?

A. Yes.

Q. And there are these medical people, either


Constance A. Doolan, 8 /22 /2008 Chasse v. Hurnphreys, et al.

2 4

fire bureau or ambulance people that are there?

A. M-hm.

Q. What happened after that, once they're all

there together?

A. Well, after those tests he was - - his feet

were bound, he was carried up the street sideways.

Q. Okay. Anything else?

A. They cleaned up what looked like blood on

the - - on the street.

Q. Okay. Did you observe any blood on the

street or did you just see them cleaning things up?

A. I saw them cleaning things up.

Q. During the time that the tests were being

given to Mr. Chasse, did he remain on his side the way

you described it earlier?

A. I'm thinking he was on his back.

Q. Okay.

A. I'm not positive about that.

Q. While he was being tended to or whatever the

medical people were doing, was he saying anything?

A. He was unconscious for four or five minutes.

Once he woke up, he was verbal again, a little bit

less - - he was subdued at that point. He did say - -

at one point the woman who was the paramedic walked

away and he called for her to come back, he said

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please don't go or something like that.

Q. All right. Did you hear him say anything

else?

A. Not that I'm remembering.

Q. And at some point he was carried from the

scene?

A. Yes.

Q. Do you know how many people carried him from

the scene or who - - who they were?

A. I think it was two men, but I'm not sure

who.

Q. All right.

A. That's my best guess.

Q. When they carried him away, could you see

where they were carrying him or did you lose sight of

them?

A. I lost sight of them, but they were going

west on Everett.

Q. All right. When that happened, what did the

ambulance people do?

A. Cleaned up the street, dispersed.

Q. Okay. So you stayed there and watched them?

For example, the - -

A. I did.

Q. The ambulance left. Did you see them leave?



2 6

A. I don't remember that.

Q. Okay. Did you see the - - how many police

cars were there, do you recall?

A. I think three.

Q. Okay. Did you see them leave as well?

A. I probably did. I - - I think I did.

Q. Okay. During that period of time, did any

police officer say anything to you?

A. Yes.

Q. And do you know who that person was?

A. Idon't.

Q. Okay. And where were you when the police

officer said something to you or in your vicinity?

A. I was on the sidewalk.

Q. Okay. And what did the police officer say?

A. He was sitting in his car and he asked me if

I wanted to know what was going on.

Q. Okay. And did you answer him back?

A. I did. I said yes.

Q. Okay. And what - - what came back in terms

of the conversation?

A. He said this man has 14 former convictions

for crack cocaine and we found him with a vial of

crack.

Q. All right. Did he say anything beyond that?

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Q. Did you say anything back to him in response

to that?

A. Idid.

Q. Okay. And what was that?

A. I said so what, that was over the top.

Q. Okay. And when you said that, did he

respond to that?

A. I don1 t remember.

Q. Okay. Was there any further conversation

that took place there or is that the end of it?

A. I think that was pretty much the end. He

might have made one more statement, but it didn't go

on. That was - - that was mostly it.

Q. Okay. And when you said that was over the

top, what did you mean by that?

A. I meant that I thought it was excessive,

what I had seen was excessive.

Q. All right. And by excessive, you mean

excessive force?

A. Yes.

Q. Okay. Did you mean anything beyond that?

A. Just that the - - that Mr. Chasse seemed

frightened and not dangerous.

Q. M-hm.



A. And - - yeah, that's it

Q. Okay. Did you have any contact with any of

the - I'll divide this into two categories - the fire

bureau people that were there?

A. No.

Q. Did you have any contact with the AMR

medical people who were there?

A. No. Only the one officer.

Q . Okay. When you were saying this, he was

sitting in his car; is that right?

A. M-hm.

Q. Would that car have been close to the step

area, where the steps were?

A. It was towards the corner from the step area

I think.

Q . Okay.

A. Yeah, close to it, but - -

Q. You're kind of angling with your hand is how

I'm perceiving that.

A. Well, the - - close to the step area. The

2 1 steps - - the steps aren't right at the corner.

22 There's a little - - a little bit of sidewalk between

2 3 the steps and the corner and it was parked against the

24 sidewalk there.

2 5 Q. Okay.

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A. At that point I was down on the sidewalk,

not on the steps, when he spoke to me.

Q. All right. From the time Mr. Chasse went on

his side until the time he left, did you ever see his

face?

A. Oh, I think I did.

Q. Okay. Could you tell me what you saw when

you looked at his face?

A. Mostly I remember that once the - - that

he - - I mostly remember that he was very pale, that he

looked unwell.

Q. Had you ever met him before?

A. No.

Q. Okay. Did you notice his clothing?

A. I noticed that he looked a little

disheveled.

Q. All right. Anything - - anything else about

his face other than being pale that you recognized?

A. No. Just generally he's thin in body and

face and that he was pale.

Q. Okay. When he was on the ground with his

back toward you, could you see his hands were cuffed?

A. I think so. I think at some point I saw

them cuffed.

Q. Okay. Did you notice anything about his

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3 0

1 hands ?

A. No.

Q. Following this incident, did you stay in the

Portland area or did you travel back to California?

A. Well, I eventually traveled back to

California, yeah.

Q. How long were you in the Portland area

before you headed back?

A. Let's see. What day of the week was that?

Q. It was on a Sunday.

A. Sunday. I believe I went home the next day.

Q. Okay. Did you - -

A. I think.

Q. Have you followed what happened to

Mr. Chasse in the newspapers?

A. A bit.

Q. Okay. Do you do that on line or do you get

The Oregonian or some other local paper?

A. No, I don1 t get The Oregonian, but I - - I

think I may have checked on line. I was - - I think I

did check on line a few times.

Q. Okay. What I've tried to do is sort of go

through this thing chronologically in a step-by-step

manner. I've tried not to cut you off as you're

giving me answers.



3 1

A. M-hm.

Q. Is there anything about what you observed

that day or heard that day that I've not covered in

the sense of something that happened?

A. Yes.

Q. And what's that?

A. That is one of the paramedics or medical

people, fire people, made fun of Jamesr cries as he

was going up the - - being carried up the street.

Q. So Mr. Chasse was being carried by the two

or more officers; is that right?

A. M-hm.

Q. And this person is making fun of him?

A. Yes.

Q. And how is that done?

A. Imitating his voice.

Q. Okay. In the sense trying to copy what the

noise that Mr. Chasse's making?

A. Uh-huh.

2 0 Q . Okay. Anything else that we've not covered

2 1 here that you observed or heard that day?

22 A. I think those are the main points.

23 Q. Okay. Thank you.

2 4 A. You're welcome.

2 5 Q . Some of the other lawyers may wish to ask

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32

you questions.

EXAMINATION

BY MS. DUNAWAY:

Q. Miss Doolan, my name is Susan Dunaway. I

represent Multnomah County and the green - - and the

green uniform. That would be Deputy Burton.

A. M-hm.

Q. Prior to this particular incident, had you

ever seen anybody arrested before?

A. I probably have, but not - - I've never stood

and watched a whole incident like this. This was a

new experience for me.

Q. Can you remember any of those incidents

prior to this one where you did see somebody arrested?

A. I live in a neighborhood where there's a lot

of drug use and prostitution, and so I've been out in

front of my house when officers have been searching a

car and checking suspects and then release them. You

know, I've seen - - I've seen people stopped. But I've

never watched an entire arrest and watched in detail.

Q. So you've never seen anybody actually taken

in to custody?

A. I probably have, I just - - I don't know that

I can recall a specific incident right now.

Q. Okay. Have you or - - have you ever had any

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contacts with the police?

A. Yes.

Q. And what were those circumstances?

A. I go to neighborhood watch meetings and

monthly meetings for my - - the beat in the area of

Oakland where I live. Police officers come to those

meetings and we discuss our neighborhood problems.

When I first moved into my house I woke up at five in

the morning with a head coming in my window and I

called the police and somebody came to speak to me.

I've had - - you know, I've had occasion to call police

for help in my neighborhood.

Q. And have any of those contacts been

unpleasant?

A. No. They've all been great.

Q. Okay. I believe you mentioned that you were

contacted by a Portland Police officer in regard to an

interview. Is that correct?

A. The internal review, yes.

Q. Okay. Was that - - when did that interview

occur?

A. I think I'd have to look on my calendar.

It's been months ago. Maybe six months ago, something

like that. Two officers interviewed me at my home.

Q. And were you contacted by the homicide



34

detectives?

A. I'm not sure.

Q. Okay. How many interviews did you give to

Portland Police?

A. There was the initial one over the phone. I

was also interviewed for the grand jury investigation

over the phone because I was too sick to fly to

Portland for that, that was late September or October.

And then this - - the internal review which happened in

my home.

Q. And was that over the telephone?

A. No. That happened in my home.

Q. It happened in your home?

A. They came to Oakland.

Q. They came to your home?

A. Yeah, sorry, I wasn't clear.

Q. All right. And then you were interviewed by

The Oregonian; is that correct?

A. I think so, in the - - I think early on I

was.

Q. Okay. Well, other than Portland Police and

The Oregonian, have you spoken about the facts of this

case with anybody else?

A. I've spoken to Tom, I've spoken to Randall.

Some of my close friends know that I - - about it,



3 5

people who don't live here.

Q . And that would be Randall Stuart?

A. Uh-huh.

Q. And when have you spoken to Mr. Steenson?

A. This morning and a couple times on the phone

over the course of the last, you know, year and a

half.

Q. So over the last year and a half you've been

speaking with Mr. Steenson?

A. A couple times. I think it was - - I

spoke - - actually the conversation I remember is

before I was interviewed by the internal review.

Q. And how was it that you happened to have a

conversation with Mr. Steenson before the internal

affairs interview?

A. You know, I don't remember how that came

about actually.

Q. Had you spoken to Mr. Steenson before that

time then, before the internal - - you said you spoke

to him before the internal affairs interview. Had you

spoken with him - -

A. Previous to that time?

Q. - - previous to that time?

A. I think so. You know, I'm - - I'm sorry, I

don't have a very clear memory of exactly when those



36

conversations happened.

Q. Do you know whether or not you contacted

Mr. Steenson or Mr. Steenson contacted you?

A. I dont t remember.

Q. You were standing at the northeast corner,

correct, of 13th and Everett when you first saw

Mr. Chasse - -

A. Yes.

Q. - - is that correct?

And at some point you crossed over to the

southeast corner; is that correct?

A. Yes.

Q. Why did you cross over?

A. To see what was happening and we - - we were

walking that direction actually anyway. We were

waiting - - we were waiting for the light and we were

walking in that direction. So we would have gone that

way whether we had seen what we'd seen or not, but we

crossed and then stopped to watch what was happening.

Q. Okay. Because you were curious about what

was happening? Why did you want to get closer to what

was happening?

A. Let me correct what I said. We were walking

in that direction so we waited - - we saw the event

start, the light changed and we crossed the street,



3 7

and then we stopped to watch.

Q. Okay. So you waited for the light to

change?

A. M-hm.

Q. Was there any traffic moving on Everett

while you were waiting?

A. I think there - - I think there probably was.

We didn't - - we didn't wait there very long

before we crossed the street.

Q. Okay. When Mr. Rice was asking you

questions you said that you actually saw the Taser.

Is that correct?

A. 1 don't remember what the Taser looks like,

but I - - I do remember, you know, a hand holding

something against his body and hearing the clicks.

Q. And you assumed it was the Taser?

A. Yes.

Q. Do you recall what or were you able to see

what part of Mr. Chassels body was - - the Taser was

applied to?

A. I think it was his mid body, but I'm not

sure.

Q. Mid body front or back?

A. H-m-m. I don't remember.

Q. At any point during the struggle that you



3 8

were watching between Mr. Chasse and the police

officers, did - - prior to the time when you perceived

Mr. Chasse go - - stop struggling - -

A. M-hm.

Q. - - okay, during that period of time that you

described as - - I think you said that this went on for

minutes. Is that correct, that the struggle went on

for minutes?

A. Yes.

Q. During that struggle, did - - were you able

to tell whether or not, at any time, Mr. Chasse ever

complied with any of the directives that were being

given to him by the officers?

A. I would say no. He was struggling. He was

not - -

Q. He continued to struggle until, if I'm

recalling what you said, until shortly after the Taser

was used?

A. Yes.

Q. When Mr. Rice was asking you questions about

21 the paramedics showing up you mentioned something

2 2 about a cuff and you touched your arm, you mentioned

23 something about a cylinder and it seemed like you

2 4 touched your hand.

25 A. Yeah.



3 9

Q. Okay. What was it - - I'm trying to figure

out what it was that you saw because you touched your

hand.

A. Yeah. I seem to remember a cylinder, a

white cylinder, that maybe went over a finger.

Q. Do you recall who - - who it was that was

using the white cylinder?

A. I don't.

Q. And then when - - when you were watching

Mr. Chasse going up Everett, were you able to tell

what, if any, restraints had been applied to him?

A. Well, his hands were bound, cuffed behind

his back. His feet were also bound. I think that's

all I remember, yeah.

Q. Can you describe how his feet were bound?

A. No. Just I remember that they were - - you

know, they were together, though. They weren't - -

they wouldn't separate - - they wouldn't separate so

they were somehow bound together. I don't remember

them actually doing it.

Q. You didn't see the - - the feet being bound?

A. I don't remember it.

Q . Okay.

A. No. I just - - I remember noticing that they

were, though, at some point.



4 0

Q. And were the - - you were making a motion

like this and I'm trying to figure out, you're

saying - - are you saying that the feet and the - - and

the hands were bound together?

A. No.

Q. They were not?


I guess I talk with my hands, don't I?

MR. RICE: Acting classes.

MS. DUNAWAY: M-hm.

THE WITNESS: I teach small children, too,

so - -

MR. RICE: Yeah.

Q. (By Ms. Dunaway) What grade do you teach?

A. Primarily kindergarten. First and second

grade right now, but I've taught kindergarten through

eighth grade. I've taught high school students and

adults as well.

Q. And you said that you went to the U of 0 .

Did you grow up in Oregon then?

A. I did not.

Q. Okay. Where did you grow up?

A. In Arcadia, California.

Q. And did you go to grammar school and high

school then in California?



4 1

A. I did, yeah.

Q. And approximately how often do you come to

Portland?

A. H-m-m. Once a year. I think last year I

came two times.

Q. And is that related to the theater?

A. It's more related to friends, friendships I

have here.

Q. I think that's all I have. Thank you very

much.

EXAMINATION

BY MS. BACK:

Q. Hi. I'm next. I'm Jean Back and I

represent the female paramedic that you saw there and

AMR, the company that she works for.

So I just have some questions related to

what you saw when she arrived. And the first thing I

want to ask you was: Did she - - had all of the

activity with the police officers ended by the time

she arrived?

MR. STEENSON: Objection, vague.

Q. (By Ms. Back) Had he - - in other words, the

2 3 struggle that you saw, had that ended by the time she

2 4 arrived?

25 A. Yes.

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Q. And your testimony was that he was lying - -

lying on the ground and you believe that he was

unconscious?

A. M-hm.

Q. And why do you believe that he was

unconscious at that time?

A. Because he stopped talking and moving.

Q. And was his back to you or his front to you?

A. I know at one point his back was. I think

maybe mostly his back. I'm not sure.

Q. And were - - were you able to see whether he

was breathing?

A. I believe he was breathing, that I could see

that.

Q. And what makes you - - what makes you say

that?

A. Actually what I'm remembering is what I

previously said in an interview about that. I don't

actually remember it at the present time.

Q. Okay. And you don't know what led you to

believe previously that you thought that he was

breathing?

A. Yeah, I don't remember.

Q. Okay. And you gave that interview a short

time after - -



4 3

A. I did.

Q. - - this event?

A. M-hm.

Q. Do you think that your memory was a little

more fresh at that time?

A. Yes.

Q. So your recollection that he was breathing

at that time would be more accurate than - -

A. Yes.

Q. - - a recollection - -

Okay. How - - do you remember how many

people from the ambulance company were there?

A. I wouldn't have a specific number. I

could - - I know I could guess.

Q. Okay. I don't want you to guess. Do you

remember the - - what the uniform looked like that the

female paramedic wore that you saw?

A. A dark color. Probably blue, but I'm not

certain of color.

Q. And at the end when you said that there was

a medical person that had mocked Mr. Chasse, do you

remember what that person looked like?

A. I remember him being a fairly young man with

longish hair.

Q . Do you remember what color uniform he had?

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A. I think it was - - might have been green.

Q. Did he - - do you know whether he came with

the fire truck or the ambulance?

A. I don't remember.

Q. And how far away were you at the time that

the paramedic - - how far were you in maybe an estimate

of feet from where they were when the paramedic was

working with Mr. Chasse?

A. I was in that same location across the

street on the opposite sidewalk or up a couple steps.

I was in that same - - so - - I don't know how wide that

street is, but - -

13 Q. Okay. Were you close enough to hear the

14 paramedic talking t o Mr. Chasse?

15 A. Not to distinguish specific words, no.

16 Q. Did you see her talking to Mr. Chasse?

17 A. Yes.

I did hear him ask her - - call to her to

come back. But yes, she did talk to him.

Q. When you testified about that specific

statement, you indicated that he said, see if I can

find that in my notes here, that she - - please don't

go or something like that, those were the words that

you used.

A. Oh, m-hm.



4 5

Q. Do you remember specifically that he said

please don't go or could it have been something else?

A. I think it was please don't go or don't go.

It - - whatever the specific words were, he was asking

her not to leave. That part is clear.

Q. Was she carrying anything at the time that

he said that?

A. I dont t remember.

Q. Do you remember seeing a black - - any sort

of a kit that she had with her that she was using to

treat Mr. Chasse?

A. Yeah, I don't remember.

Q. And do you remember whether he had any

possessions with him?

A. I remember that there was a backpack. I t m

not sure if I remember seeing it or just hearing that

he had a backpack.

Q. Where do you think you would have heard

that?

A. I'm not sure.

Q. Do you remember when the paramedics first

arrived, can you tell me what you remember the female

paramedic doing when they - - when she first arrived?

A. Standing talking to the officers.

Q. So she had a conversation with one of the


Constance A. Doolan, 8 /22 /2008 Chasse v. Humphreys, e t al.

4 6

officers or more?

A. They were standing more or less in a circle

around him, a number of people were talking.

Q. How about, do you remember from the time

that she got out of the ambulance or did you observe

that?

A. You mean who she spoke to?

Q. Right. Whether - -

I mean, I would like, if you could remember

or if you saw, when the ambulance arrived, what

happened?

A. I think they, you know, fairly quickly came

over to where he was standing, but there wasn't - -

nothing happened until he woke up.

Q. Do you remember - -

A. They didn't touch him or check him or

anything till he woke up.

Q. Do you remember her having any conversations

with any officers before she got to where he was?

A. I don't remember that part that clearly.

Q. And do you remember seeing any conversations

with officers after she left his - - after she left

where he was laying?

A. I remember she walked away at one point

when - - when James spoke up, but I don't remember



4 7

where she was going or exactly what was happening.

Q. Other than the cuff on his arm and the cuff

on his finger or the cylinder - -

A. M-hm.

Q . - - do you remember any - - seeing any other

tests that were performed?

A. Nothing.

Q. Do you remember, from looking at Mr. Chasse,

whether you saw any, obvious to you, signs of injury

just looking at him not from the struggle?

A. The - - he was pale. He looked ill. And I

think I might have seen, you know, some color here,

you know, that he may have been bleeding from his

mouth.

Q. Okay. Do you remember seeing whether - -

where that was coming from, from inside his mouth or

from his lips?

A. No, don't know. I was too far away to tell

that.

Q. Have you ever had any experience, any other

than this experience, with any emergency medical

services?

A. I don't think so, not personally. Not that

I remember.

Q. Have you ever had to call emergency medical


Constance A. Doolan, 8 /22 /2008

services for a family member?

A. I don't - - I don't remember doing that,

hm-m.

Q. Do you remember whether the paramedics there

were wearing anything on their hands at all?

A. I don't remember, hm-m.

Q. Other than Mr. Chasse, other than your

memory of Mr. Chasse saying don't go, don't go, do you

remember any other specific words that Mr. Chasse

said?

A. During the whole event or - -

Q . Why don't we just during the time that the

paramedics were there.

A. During the time the paramedics were there,

no, that's the only thing.

Q. And before the paramedics got there, what - -

what were the words that you remember him using?

A. Just things I've already spoken to you

today.

Q. I don't think I have any further questions.

I may come back if - -

MS. FURNANZ: I don't have any questions.

EXAMINATION

BY MS. STEENSON:

Q. A couple of questions.

Chasse v. Humphreys, et al.

48

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In your homicide interview when you're

describing what's happening after Mr. Chasse's on the

ground you say he was screaming, he was screaming and

crying for help, I would say in a kind of pitiful way.

When that was happening, do you know whether he was in

pain?

MR. RICE: Objection, speculative.

MS. BACK: I'm going to join that objection.

Q. (By Mr. Steenson) I don't want you to

speculate. Do you know, one way or the other, whether

he was in pain at that time?

A. I don't know.

Q. Okay. And the light that you crossed at,

was that a - - do you recall whether it was a yellow

flashing kind of light or a red or green light or what

kind of light it was?

A. I don1 t remember.

Q. Okay.

A. Yeah.

Q. In your internal affairs division interview,

you told the detectives that when Mr. Chasse was

carried to the patrol car he was carried like a dead

deer. Why did you use that description?

A. Because he was carried horizontally and it

seemed - - it seemed an inappropriate way to carry a

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5 0

human who was probably injured and - - as a result of

the struggle that had just happened.

Q. Okay. That's all I have. Thank you.

FURTHER EXAMINATION

BY MR. RICE:

Q. I have a couple of follow-up questions,

Miss Doolan.

A. Okay.

Q. When Miss Dunaway was asking you some

questions, I believe the discussion was that the

internal affairs investigators from the Portland

Police Bureau came down to see you. And did they make

an appointment to do that?

A. Oh, yeah

Q. Okay. And when they came to see you you

called Mr. Steenson; is that right?

A. You know, I - - I can't remember the - - I

have to think about the sequence of events.

I just remember that I did speak to him

about how to conduct myself in an interview and how to

answer questions and be truthful, make sure that the

language that is used is my language and not given to

me by some - - someone else's description, to make sure

that what I'm describing is accurate in the way I saw

it.

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1 Q. Okay. So is the advice he's given you to be

2 truthful - -

3 A. Yeah.

4 Q. - - is that what it is?

5 A. Yeah.

6 Q. And to use your own words?

7 A. Yeah.

8 Q. Anything else?

9 A. I don't think so. I think that was mostly

10 it.

11 Q. And did that take place before the interview

12 began?

13 A. Yeah.

14 Q. Okay. Did you talk to Mr. Steenson at all

15 about that interview at any other time?

16 A. We talked about it briefly afterwards.

17 Q. Okay. And what was the - - did you call him

18 or did he call you?

19 A. I believe afterwards I think I called.

2 0 Q. And what was the purpose of calling him?

2 1 A. I was - - I think I just was debriefing over

22 the experience of - - it was a long - - it was a three-

23 hour interview. And I was disappointed that I wasn't

2 4 able to recognize the pictures of the officers.

25 Q. Okay. So you called him back and



52

essentially went over what the interview consisted of?

A. I don't think in detail, hm-m.

Q. Okay. Have you talked to any other lawyers

in the case about the internal affairs investigation

interview?

A. No.

Q. Are you a deer hunter?

A. No.

Q. Do you go along with people who hunt deer?

A. I think I went hunting with my father when I

was a child.

Q. Okay. Was he a deer hunter?

A. I'm not sure that he hunted deer.

Q. Okay.

A. Probably seen a picture somewhere.

Q. Okay. And do I understand you feel that the

way Mr. Chasse was carried was inappropriate?

A. He - - I was - - I was expecting that he was

injured based on the struggle that I saw. I was

surprised that he wasn't checked for injuries.

Q. M-hm.

A. And then because his arms and legs are bound

and hers carried sideways, that doesn't seem like an

appropriate way to carry somebody who's injured.

Q. Okay. Do you have any training or



5 3

experience or have you done any studying on how people

are carried when they're handcuffed?

A. No.

Q. Okay. That's all the questions I have.

Thank you.

FURTHER EXAMINATION

BY MS. DUNAWAY:

Q. I believe you stated that you were surprised

about the way he was carried because he was probably

injured. Is that - - is that a correct statement of

your testimony?

A. I - - I was surprised he wasn't checked for

injuries. I assumed he was injured. And yes, the - -

and the way he was carried seemed inappropriate

because of that.

Q. Okay. What made you assume that he was

injured, specifically?

A. Because they hit the pavement hard, because

his arms were twisted behind him, because he was

slapped, because he was kicked.

Q. Okay. So it was hitting the pavement, arms

twisted behind him?

A. M-hm.

Q. Was that during the handcuffing?

A. That was in the struggle to get him



5 4

handcuffed.

Q. And then - - and then what else?

A. The kicks and the slap.

Q. And were you able to actually see any

injuries - -

A. NO.

Q. - - on Mr. Chasse?

A. No, apart from maybe the darkened spot on

his mouth.

Q. And so, I mean, basically then, it's not

based on any facts that you had or perceptions you had

but just on assumptions you were making; is that

correct?

MR. STEENSON: Objection.

THE WITNESS: It was based on my - -

MR. STEENSON: Just a second. Let me make

the objection.

THE WITNESS: M-hm.

MR. STEENSON: Objection, argumentative,

misstates her testimony. Go ahead.

THE WITNESS: It was based on my

2 2 perceptions.

23 Q. (By Ms. Dunaway) It was based on your

2 4 perceptions, but it's not based on anything that you

25 actually saw in the way of an injury?

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A. I saw physical motion that seemed likely to

cause injury. I did not see - - I was not close enough

to see any actual injury.

Q. Okay. So you have no - - you had no

perception of an injury, you made an assumption that

because of the struggle he had been injured?

MR. STEENSON: Objection, argumentative,

again, misstates her testimony. Go ahead.

THE WITNESS: I'm making sure I use the

language I mean here. The struggle to me, the weight

of the officers in juxtaposition to his weight all

made it seem very likely to me that he was injured.

Q. (By Ms. Dunaway) And so based on the

struggle, you assumed he had been injured?

A. Yes.

Q. But you never saw any injuries?

A. No.

Q. Okay. When you were watching the struggle

and - - that you described as going on for minutes and

Mr. Chasse continues to resist, the police officers

continue to try to get handcuffs on him, did you come

to any conclusions or assumptions in regard to

Mr. Chasse's mental status?

MR. STEENSON: Objection, misstates the

testimony, vague. Go ahead.



5 6

1 THE WITNESS: Can you ask me that again?

2 Q. (By Ms. Dunaway) Well, you're standing there

3 and you're watching the struggle go on, as you

4 described it, for minutes between the time that

5 Mr. Chasse goes down and then you describe there was a

6 Tasering and then it appeared to you he went

7 unconscious. While you're watching that and he - - and

8 Mr. Chasse's saying certain things, I think you said

9 he was saying help or stop or something like that and

10 F you, different things. Were you - - did you come to

11 any conclusion yourself about what's going on with

12 this guy - -

13 MR. STEENSON: Same objections - -

14 Q. (By Ms. Dunaway) - - in regard to his mental

15 status?

16 MR. STEENSON: That's compound. Go ahead.

17 THE WITNESS: I came to the conclusion he

18 was a very frightened person.

19 Q. (By Ms. Dunaway) Okay. So he was just a

2 0 scared man, that was it?

2 1 A. I did not come to other conclusions besides

2 2 that, the fact that he was frightened.

23 Q. Did you hear anybody else around you come to

2 4 any - - discuss anything about his mental status?

A. NO.



57

Q. Was there any conversation going on while

you were standing there in regard to - - the way

Mr. Stuart described it I believe was that there

were - - there were a few people standing next to him

or around him. Were there people standing around you

as you were watching the struggle?

MR. STEENSON: Vague.

THE WITNESS: There were a group of people

near the restaurant and there - - there were people

around at various times, m-hm.

Q. (By Ms. Dunaway) Who was near you, if

anyone?

A. I can't tell you specifically. You know,

people who had been dining there, some people from the

restaurant, people were moving around a bit.

Q. Was Mr. Stuart near you?

A. He was.

Q. Okay. And did you hear Mr. Stuart say

anything about what he might - - he thought might have

been going on with Mr. Chasse in regard to his mental

status?

A. I don't remember hearing anything about his

mental status.

Q. Did - - did it ever - - did you ever think,

while you were standing there, that Mr. Chasse was

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mentally ill?

A. I don't think I thought that specifically.

I thought - - I thought he seemed really frightened and

he seemed in a - - a bit of an altered state which

could have been from the event, it could have been,

you know, from a mental state, it could have been from

a drug state, it could have been from - - you know,

it's unusual to see someone - - if someone's not

complying with police officers - - it was unusual to

see someone not comply and to be that - - and to be

frightened and to be resisting, that was unusual.

Q. And is that because most of the time when

you've seen interactions with the police that you

described earlier, people comply with what's being - -

what they're being told to do by the police?

A. Mostly, yeah.

Q. Just one last thing so that we can remember

in a graphic form where it was that you were standing.

A. M-hm.

Q. If you can take a look at this. And 1'11

want that marked.

(DEPOSITION EXHIBIT NO. 356 was marked for

identification.)

Q. (By Ms. Dunaway) Do you recognize that at

all?



59

A. Yeah. This is - - this is north; correct?

Q. Correct.

A. Yeah. So initially we were on this corner.

Q. Okay. I'm going to have you put a 1 there,

as you - - as you say, where you were when you saw it

begin.

A. M-hm.

Q. Okay. At that point, when you are standing

there, where are Mr. Chasse and the police officers?

And could you indicate that with a 2.

A. Somewhere around here.

Q. Okay. At that point, had they fallen down

yet?

A. As I looked up they were just going down.

Q. Okay. So where - - indicate with a 3 where

they are when they go down.

A. About that same place I would say.

Q. Okay. Then at some point then you move

across the street; correct?

A. M-hm.

Q. Okay. Can you mark that with a 4.

A. (Witness complied. )

Q. Okay. Now, with a 5 can you mark where - -

A. Actually this should be a little bit

probably - - well, be more like this.



60

Q. Closer to the stairs?

A. Yeah. We were kind of against that wall

there mostly. And then sometimes up these stairs.

Q. Okay. Can you mark with a 5 where the

police officers are and Mr. Chasse when the struggle

ends.

A. It was - - it seems like it was all right in

this area right here.

Q. Okay.

A. So I'll just - -

Q. And then lastly, can you draw a stick figure

of the position that would indicate the position that

Mr. Chasse was lying in? So where - - you know, the

direction of his head versus his feet.

A. Yeah.

Q . And then next to that can you place an arrow

to indicate the direction that Mr. Chassers facing.

A. Well, this was - - this was the position when

he was unconscious. Prior to that it - - there was a

lot of moving around. At some point his head was

facing the other direction, but this is the position

he was in when he was unconscious.

Q. Yeah, that's what I'm talking about.

A. Yeah.

Q. Once - - once you believe he's gone

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61

unconscious, what - - could you put an arrow in the

direction in which his face is facing?

A. Well, I know at one point he was facing this

way.

Q. Okay.

All right. That's all I have. Thanks.

MR. RICE: Thank you.

MS. BACK: I'm sorry, I just have a couple

more questions.

FURTHER EXAMINATION

BY MS. BACK:

Q . I hate to keep you.

When the female paramedic first approached

Mr. Chasse, you said you saw her talking to him; is

that correct?

A. M-hm.

Q. Okay. Did you see her touch his face at

all?

A. I seem to remember her touching his head.

Q. Touching his head?

A. M-hm.

Q. On top of his head, on the back of his head?

A. Yeah, kind of top. Like kind of waiting - -

while she was waiting for him to wake up.

Q . Okay. And then did you see her put her hand



62

on - - anywhere else on his body?

A. I don't remember anything else, hm-m.

Q. Okay. How long were the paramedics there

that you recall?

A. It's really hard for me to come up with a - -

a time, a specific amount of time.

Q. Well, if you can't recall I don't want you

to guess, but if you recall then I would like to know.

A. Yeah, I 'm not sure.

Q. Okay. That's all I have. Thank you.

MR. STEENSON: Nothing.

MR. RICE: Okay.

MS. DUNAWAY: Thank you.

MR. RICE: Thank you for coming down here.

(The deposition concluded at 2:16 PM.)



1 C E R T I F I C A T E

2 STATE OF WASHINGTON )

) ss. 3 COUNTY OF CLARK )

4 I, Shannon K. Krska, a Certified Shorthand

5 Reporter for Oregon, do hereby certify that, pursuant

6 to stipulation of counsel for the respective parties

7 hereinbefore set forth, CONSTANCE A. DOOLAN personally

8 appeared before me at the time and place set forth in

9 the caption hereof; that at said time and place I

10 reported in Stenotype all testimony adduced and other

11 oral proceedings had in the foregoing matter; that

12 thereafter my notes were reduced to typewriting under

13 my direction; and that the foregoing transcript, pages

14 3 to 63, both inclusive, constitutes a full, true and

15 accurate record of all such testimony adduced and oral

16 proceedings had, and of the whole thereof

17 Witness my hand and CSR stamp at Vancouver,

18 Washington, this 30th day of August, 2008.

19

2 0 &&U 21 Shannon K. Krska

Certified Shorthand Reporter

Oregon CSR No. 90-0216

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Documents

FOR THE DISTRICT OF OREGON COPY · Constance A. Doolan, 8/22/2008 Chasse v.Humphreys, et al. APPEARANCES: For the Plaintiffs: MR. THOMAS M. STEENSON Attorney at Law 815 S.W. Second,