Steven Cooley, WCSO - Vol II - Minor Redaction

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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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

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1 A P P E A R A N C E S

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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

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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

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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

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17 I N D E X

18 EXAMINATION: PAGE

19 BY MS. BESCHEN...............................................32

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22 EXHIBIT DESCRIPTION PAGE

23 55....Attachment C, Listing of Allegations...................32

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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:

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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)

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12 CONTINUATION OF EXAMINATION OF STEVEN COOLEY BY MS. BESCHEN

13 DEPOSITION, VOLUME II

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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

Paul

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Paul

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Paul

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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?

Paul

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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



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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



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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)

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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.

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Documents

Steven Cooley, WCSO - Vol II - Minor Redaction