Steven Cooley, March 12, 2014 Paul Murphy v.

Whatcom County

30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reported by Kristen M. Uhlig Certified Court Reporter, CCR, CSR Washington CCR #1934 UNITED STATES OF DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE --------------------------------------------------------------PAUL MURPHY, together with his marital community, Plaintiffs, ) ) ) ) vs. ) NO. 2:13-CV-00727 ) WHATCOM COUNTY, WASHINGTON, a ) VOLUME II government entity; WHATCOM COUNTY ) SHERIFF'S DEPARTMENT; WILLIAM J. ) ELFO, together with his marital ) community, ) Defendants. ) --------------------------------------------------------------DEPOSITION UPON ORAL EXAMINATION OF STEVEN COOLEY, VOLUME II --------------------------------------------------------------3:48PM - 4:18PM March 12, 2014 Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT DESCRIPTION PAGE EXAMINATION: I N D E X PAGE ALSO PRESENT: William Elfo Tara Adrian-Stavik FOR WHATCOM COUNTY: Elizabeth Gallery Whatcom County Prosecutor's Office 311 Grand Avenue Bellingham, Washington 98225 FOR THE DEFENDANTS WHATCOM COUNTY & SHERIFF'S DEPARTMENT & ELFO Dale Kamerrer Law Lyman Daniel Kamerrer Bogdanovich 2674 RW Johnson Blvd SW Tumwater, Washington 98512 360.754.3480 FOR THE PLAINTIFFS: Emily Beschen & Robert Butler Law Offices of Robert Butler 103 East Holly Street Suite 512 Bellingham, Washington 98225 360.734.3448 A P P E A R A N C E S

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

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

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

32
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEVEN COOLEY, having been first duly sworn, was called as a witness herein and was examined and testified as follows:

MR. KAMERRER:

Before you start with the questions and

for the record, I am withdrawing my objection stated yesterday to Exhibit 29. MR. BUTLER: Okay.

(Marked Deposition Exhibit No. 56, which later is remarked as 55)

CONTINUATION OF EXAMINATION OF STEVEN COOLEY BY MS. BESCHEN DEPOSITION, VOLUME II

BY MS. BESCHEN: Q Okay. The court reporter has just handed you what's been Have you ever seen this document

marked as Exhibit No. 56. before? A Q A Q Yes. Okay. I did. Okay. Good. (Sic)

Did you create this document?

Going through -- what did you use to create this

document? A Q You mean software? No. What documents did you rely upon in the creation of this

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q Q Q A Q A Q A Q A A document? Different documents depending on which referenced document -referenced complaint we're talking about. that I maintained in my office. Okay. Why did you create this document? Basically, the files

I believe that it was in response to a discovery request, an interrogatory. Do you remember what that interrogatory was asking? Not verbatim, no. Okay. Yes. Do you remember the gist of it? It was essentially asking for any inquiry into any

allegation of dishonesty -- I'm paraphrasing -- on the part of any deputy sheriff at the sheriff's office between certain dates. Okay. What did you do to locate the dishonesty investigations?

I did a hand search through all of the files that I have back to the date in question and a computer search, actually. When you did the computer search, what search terms did you use? I don't remember, but I can tell you some of them. Sure. I'm not going to be able to give you a complete list. Sure. Probably lie, lied, honest to honesty, things like that. Okay. Are the computer files related to these investigations

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q Q A Q A Q A A A Q A Q kept in PDFs or Word documents? Various forms. Are your PDFs searchable? Yes. Looking at the first line that states 2002A22312 reading across the lines, citizen complaint, 10/27/2002, Craig Wilder, Lieutenant Ferry, sergeant and/or deputy lied about call response. Looking at the first number, the 2002A22312, what

kind of a reference number is that? That's a sheriff's office event number, incident number. It's

referred to in different ways, but basically a case report that any deputy would file. For, like, a police report in connection -Correct. -- with the criminal investigation? Yes. Okay. Or not necessarily a criminal investigation. Any time we

respond to any request for assistance, whether it be a civil -any time a deputy writes a report, it gets assigned a number and that would -- that's including criminal investigations. Okay. It states that this was a citizen complaint. Do you

recall who the citizen was? Other than the name there, no. Any by the name there, you are referring to where it says Craig

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q A A Q A Q Q A A A Q A Q Wilder? Craig Wilder is the name of the citizen. Okay. That's correct.

Who was the deputy that was at issue in that incident,

the 2002A22312? Yeah. Without the paper in front of me, I don't recall.

Going to the line below with the reference number, 2004-011, what type of reference number is that? That is, I believe, just a complaint number. it was generated. I don't know how

We've changed numbering systems throughout

the past 10 years for citizen complaints, for investigations, and that kind of thing. I think that that was -- that's not a

case number as described to you a few minutes ago. Okay. That's an internal tracking number of some kind. recall how that was generated. Okay. The reporting party is Leda Kiendy, K-I-E-N-D-Y. I can't

Correct. With the investigator being Sergeant Flynn. this investigation pertain to? It was two deputies. Deputy Freeman. What was the purpose for this search that you recall? I believe that they were searching a house. what they were looking for. It says that the outcome was exonerated. What does that mean? I don't recall Your client, Deputy Murphy, and former What deputy did

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q Q A Q A Q A Q A Q A Exonerated is a term that means the deputies did the things that they were alleged to have done, but the conduct was not misconduct. Okay. It was acceptable. It states that

Going to the next line down, 2006001.

this was an administrative investigation with the reporting party being Nadine Ethridge. is? Other than the fact that she's a -- well, I know who -- other than the fact that she's the civilian who reported the complaint. Yes. Do you know who Nadine Ethridge

So she's a civilian as opposed to an employee? Correct. Okay. And what deputy was that investigation about?

Deputy Glenn Slick. Is he still employed with the county? Yes, he is. It states that the allegation is comments by investigator that the subject deputy may not have been honest during an interview. Right. Okay. Do you recall who the investigator was?

As it says on the document there, it's Lieutenant Edge. Do you know what the statement was that the deputy was

alleged to have been dishonest about? One of the acts that he was alleged to have committed, the investigator surmised that either he was lying when he said that he didn't commit it, or that he simply honestly didn't

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A A Q Q Q A remember doing it. dishonesty. other. What was the act? I don't recall the specific act. conduct of that evening. It was just the general So there was no direct allegation of

It was just that the deputy was doing one or the

I believe that it was touching the

breast of Ms. Ethridge, if I remember correctly, in public. Okay. Do you know if that was ever reported to the prosecuting

attorney's office? I -- I don't recall. Okay. Moving down to the line below with the reference number It states an administrative investigation from

2005A21132.

June 2006, with the reporting party being Deputy Taddonio and the investigator being Chief Moyes. The allegation states,

"Investigator stated that circumstantial evidence indicated subject employee lied to a detective during an interview about a criminal case." Which employee is this? Penny Goodman. Okay. What was that investigation about more specifically?

She was alleged to have made some sort of dishonest statement to your client when he was a detective during an interview. Is there a file on that? Yes. There is a file on that.

Do you know what the contents of that file are?

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q Q A A Q A A Q Q A There's an administrative investigation, so I can't list them all for you now. But there would be documents and interviews

and things like that. Okay. It states as the outcome that there was a procedural

failure which prevented formal discipline. Yes. Are those your words typing, procedural failure prevented formal discipline? That's -- those are my words, yes. Okay. What is that referring to?

The person who investigated that particular case neglected to read Ms. Goodman some of her -- some of the required rights that she had before interviewing her. And therefore, the

decision of the administration at the time was that they were unable to discipline her because of that fact. Do you know who made that decision of the administration? Yes. I believe that it was undersheriff -- former Undersheriff

Cary James. Okay. Looking down to the next line with the reference number

of 2007A03530 states as a citizen complaint with the date of the incident being February 17th, 2007 and the reporting party being Laura Stinson. a report. I don't. Do you recall -- do you recall what the situation was? The allegation is that a deputy falsified

Do you remember which deputy that was referring to?

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A A Q A Q Q A Q A Q A Q A I don't. Sure. Yeah. I'm trying to remember. Take your time.

Yeah.

I can't remember.

How long ago was it that you assembled this list? I'm not sure whenever that discovery request was. months? Going to the next line down, the reference number, OPS 2009-008. What type of reference number is that? A few

That's another iteration of our numbering system for administrative investigations. Okay. So is that -- later we see administrative investigations That's the new way and the old way

with an AI number starting. is OPS? Correct.

So going across that line with the date of incident being March 18th of 2009 and you being the reporting party, which deputy is this referring to? Deputy Mark Lann. What is the false statement that he's alleged to have made during an interview? I don't recall the specific statement in that investigation. What led him to be interviewed in the first place? He was the subject of that investigation. So in other words,

he was the one that was accused of misconduct. And you don't recall what the initial misconduct was?

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A A Q A Q Q A That was during a period where I was doing essentially -- we did five investigations on him in a row. of them. That was the fourth

I believe that that was the investigation in which he

allegedly failed to document additional items that were stolen during a burglary after a victim called him to report those items missing. But I'm not positive of that.

Do you recall why it states, going across the line, that the allegation was not sustained? Do you recall who made that

decision to not sustain that allegation? That probably would have been Sheriff Elfo. Okay. Going down to the next line with the reference number

OPS 2009-009, this is an administrative investigation from March 23rd, 2009 with you as the reporting party and you as the investigator. It states that the allegation, again, is that the deputy made a false statement during the interview. deputy this referred to? The same deputy, Deputy Mark Lann. Okay. Do you know how many times he was interviewed in Do you know which

connection with that administration investigation? That particular investigation? Mm-hm. I don't recall the total number of times. least once. Okay. It looks -- so OPS 2009-008 and OPS 2009-009, why did Usually, it's at

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A Q A Q A Q A Q A those have two different reference numbers? Because they're different instances of misconduct. If you look

at the dates of the incidents, they were about a week apart. So would it be correct if I presumed that the date of incident was the date of his interview? No. No. The date of the incident would be the date that the

actual act of misconduct allegedly occurred. Okay. was? As I mentioned, that's the fifth in the series of five. them in very short order. Do you -- if you're thinking -Yeah. Okay. I can't remember that one specifically. Do you recall if you recommended any of those I did Do you know what the OPS 2009-009 underlying misconduct

allegations to be sustained? It's not my place as the investigator to recommend whether an allegation should be sustained or not. Have you ever made a recommendation to sustain an allegation? I think when I was new to the job, I may have during some early investigations. But we kind of redesigned the way that we did

internal investigations and kind of looked at whose role it was to do certain parts of the process. I determined that given the fact that I was doing the investigations themselves and it was my job to gather the facts and the circumstances surrounding those and document that, that

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A Q A Q A Q A Q it was probably not appropriate for me to make then judgments based upon those facts and conclusions. Okay. So since that time, I have not. Okay. Moving down to the next line with the reference number

OPS 2009-014, it states that this is administrative investigation from November 28, 2009 with Inspector Cooley, you, as the reporting party and Inspector Cooley, you, as investigator. The allegation states, "Reserve deputy made

false statements during interview." Do you recall who that reserve deputy was? Yes. Reserve Deputy Cody Chambers.

And is Cody Chambers still a reserve deputy? I believe so, yes. Do you know what he was interviewed in connection with? Yes. I don't remember all of the specifics, but I can

summarize for you, if that's what you would like. Yeah. That would be great. When we

There was an issue with signing a ride-along waiver.

have a civilian ride-along with us, they -- we require them to sign a waiver of liability, basically, in case they get hurt or killed while they're riding-along with us. Again, I don't remember the details, but basically that form did not get signed. And somehow we found out that it got

signed after the fact instead of before the ride-along.

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A A Q Q During the course of the investigation to figure out exactly what happened, he made a false statement that I was able to verify was false. Okay. that? Not to my knowledge. Okay. What about the instances with Deputy Lann? Was the Was the prosecuting attorney's office notified about

prosecuting attorney's notified about those? He has been in the past about Deputy Lann, but I don't know about those two investigations specifically. Okay. Moving down to the next line. I don't recall.

It states -- there is no

reference number.

The type is an employee complaint with the The allegation

date of the incident being February 20th, 2013.

is, "Sergeant reported veracity concerns about another sergeant." Who were the two sergeants involved in that allegation? Sergeant Moyes, as it says here, was the reporting party and the sergeant he was alleging had veracity issues was Sergeant Mede. Okay. It states in the outcome that those allegations were

unfounded. Correct. Who made that determination? I don't know if it was Undersheriff Parks or Sheriff Elfo that finally, as I recall seeing -- it left a final letter from

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q Undersheriff Parks. in it or not. Okay. Did you write a report in that case or did you have I don't know if Sheriff Elfo was involved

anything to do in that case? I did have something to do in the case, yes. What was your involvement in the case? Sergeant Moyes sent me a request to meet with me, basically to talk to me about this matter. within a day or two, we did. And then the next day or -He met in my office and he

expressed his concerns -- listed several concerns about this particular sergeant, Sergeant Mede. took notes. And then the following day, I relayed those concerns to Chief Chadwick because they were -- it was all within his bureau. He and I conferred and agreed that he would address it It didn't really rise to the level of me So I listened to him and

as a bureau matter.

as the investigation -- as the inspector investigating it at that time. it to me. Okay. No. What were the concerns that you took note about in your meeting with Moyes? I summarized them in the memorandum for the undersheriff later, but I can try to tell you off the top of my head, if you want. Did he later refer it to you? And that if it needed to, that he would later refer

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sorry. Q A Q A Yes. There were some concerns that when confronted by deputies, kind of in an interpersonal interaction about something, that Sergeant Mede had allegedly said -- Sergeant Mede would deny that he had said it. You know, for instance, did you say this to so and so? Sergeant Mede would say, no, I didn't. would find out that he actually had. said sort of thing. Okay. Any others that you can recall? There were other concerns, not just veracity I included it in this particular table because there And then the deputy Sort of a: He said, she

I'm trying. concerns.

were veracity concerns, but there were other issues as well. That was the gist of the -- well, there was a -- I'm There was a -- the reason that I believe Moyes came to

me in the first place was that I had just finished investigating a crash in which I believe Moyes had been involved following a pursuit. During that investigation, I documented the fact that Moyes told me one thing and Mede told me the other. both were opposite basically. And they

I didn't really have any way of

verifying which was true, and so I simply documented it that way in the investigation. And Moyes reiterated at the beginning of our talk when we came to see me, that he believed that Mede had lied and that

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q his version was true. So that was essentially the gist, I The rest were just how Mede

think, of the veracity concerns. conducted himself.

Do you know if the concerns about Mede were ever communicated to the prosecuting attorney's office? This particular issue was reviewed later, yes. Who reviewed that issue? I'm not sure. Were you present in the meeting? I may have been. talked about it. Okay. number? Oh, because it wasn't -- I didn't take it as a -- as a -- enter it into my system. would handle. It wasn't an official complaint that I I'm trying to remember. I can't recall. I know that we

Why does that particular line item not have a reference

It was more of, like I said, it was more of an And then if

internal employee issue that we wanted to explore.

it needed to be officially investigated by me, then I would assign it a number. Okay. not to? Well, we're colleagues so we sort of -- we -Decided? Yes. We collaborated on what the best course of action to do And Chadwick is the one who told you -- who directed you

was and we both agreed that the best course of action, again,

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A A Q Q since it was -- we had one -- basically one sergeant telling us one thing. And that it would be best for him to kind of talk

to the employees involved and see if, in fact, there were some concerns that needed to be investigated. Okay. Have there been other officer veracity concerns that

have not been assigned case numbers? Not to my knowledge, because they would be on this list. Okay. Going back to the last line item, which is AI 2003-003

states, "Administrative investigation," with the date of the incident being September 25th, 2013. The reporting party is The allegation is

Sergeant Huso and you as the investigator.

the, "Deputy made false statement during interview." Which deputy is this investigation referring to? It's Deputy Mark Lann. Do you recall what the false statement was in that case? Yes. What was it? It was a sequence of events issue. Deputy Lann stated that a And

certain sequence of events occurred in a certain sequence.

I was able to -- I found out during an investigation that, in fact, it did not occur in that order. Okay. Did you provide, responsive to our discovery requests,

any of the reports or case files that are referred to in this sheet? No. As you probably know, you didn't ask for that during the

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q discovery, but you subsequently filed a public disclosure request, which I'm in the process of fulfilling. MS. BESCHEN: off the record. (Recess Taken) (Deposition Resumed) MS. BESCHEN: (By Ms. Beschen) Okay. Let's go back on the record. The court reporter has just handed you Let's take a five minute break and go

what was previously marked in another deposition as Exhibit 9. Go ahead and read that and let me know when you're done. Okay. Do you recall sending this e-mail? Yes. MS. BESCHEN: I have no further questions. He may

have some questions for you. MR. KAMERRER: No questions.

(Signature Reserved) (Deposition Adjourned)

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Steven Cooley, March 12, 2014 Paul Murphy v. Whatcom County

49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 __________________________ Kristen M. Uhlig, #1934 Certified Court Reporter, Residing in Clinton, Washington. I further certify that the deposition, as transcribed, is a full, true, and accurate transcript of the testimony, including all questions and answers, and all objections, motions and exceptions of counsel made and taken at the time of the foregoing examination; I further certify that I am sealing the deposition in an envelope with the title to the above cause thereon and marked "Deposition Upon Oral Examination" of said witness and promptly causing the same to be delivered or forwarded to Counsel for the Opposing Party; IN WITNESS THEREOF, I have hereunto set my hand and affixed my official seal this ___ day of____________, 2014. I further certify that all of the objections made at the time of said examination to my qualifications or the manner of taking the deposition, or to the conduct of any party, have been noted by me upon said deposition; I further certify that I am not a relative or employee or attorney or counsel of any of the parties to said action or counsel, and that I am not financially interested in the said action or the outcome thereof; I further certify that the witness examined, read, and signed the deposition after the same was transcribed, unless indicated in the record that the parties and the witness waive the signature; That the annexed and foregoing deposition of the witness named herein was taken stenographically before me and transcribed by me; STATE OF WASHINGTON ) ) COUNTY OF ISLAND ) C E R T I F I C A T E ss.

I, Kristen M. Uhlig, the undersigned CCR in and for the State of Washington, do hereby certify:

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A able 33:22 43:3 47:20 acceptable 36:3 accurate 49:15 accused 39:24 act 37:4,5 41:7 action 46:24,25 49:12,13 acts 36:23 actual 41:7 additional 40:4 address 44:15 Adjourned 48:18 administration 38:14,16 40:20 administrative 36:5 37:12 38:1 39:10,11 40:12 42:6 47:9 Adrian-Stavik 31:15 affixed 49:20 ago 35:12 39:4 agreed 44:15 46:25 ahead 48:10 AI 39:12 47:8 allegation 33:12 36:17 37:1,14 38:22 40:8,9,15 41:17,18 42:9 43:13,16 47:11 allegations 31:23 41:15 43:20 alleged 36:2,22,23 37:21 39:19 allegedly 40:4 41:7 45:4 alleging 43:18 and/or 34:7 annexed 49:5 answers 49:15 apart 41:3 appropriate 42:1 asking 33:8,11 assembled 39:4 assign 46:19 assigned 34:20 47:6 assistance 34:19 Attachment 31:23 attorney 49:12 attorney's 37:9 43:4,8 46:5 Avenue 30:21 31:12 47:23 cause 49:17 causing 49:18 CCR 30:24,24 49:4 certain 33:13 41:22 47:19,19 Certified 30:24 49:23 certify 49:4,7,9,12 49:14,17 Chadwick 44:14 B 46:20 back 33:16 47:8 Chambers 42:12 48:7 42:13 based 42:2 changed 35:9 basically 33:3 Chief 37:14 44:14 34:11 42:21,23 circumstances 44:7 45:21 47:1 41:25 beginning 45:24 circumstantial believe 33:6 35:8 37:15 35:23 37:6 38:17 citizen 34:6,22,23 40:3 42:14 45:15 35:2,10 38:20 45:17 civil 34:19 believed 45:25 civilian 36:9,11 Bellingham 30:22 42:20 31:5,13 client 35:20 37:22 Beschen 31:3,19 Clinton 49:24 32:12,15 48:3,7,8 Cody 42:12,13 48:14 collaborated 46:24 best 46:24,25 47:2 colleagues 46:22 Blvd 31:8 comments 36:17 Bogdanovich 31:8 commit 36:25 break 48:3 committed 36:23 breast 37:7 communicated bureau 44:15,16 46:4 burglary 40:5 community 30:10 Butler 31:3,4 32:8 30:15 complaint 33:3 C 34:6,22 35:8 C 31:1,23 49:1,1 36:10 38:20 43:12 call 34:7 46:15 called 32:2 40:5 complaints 35:10 Cary 38:18 complete 33:22 case 34:11 35:12 computer 33:17,18 37:17 38:11 42:21 33:25 44:3,4,5,6 47:6,15 concerns 43:14 44:10,10,13,22 45:2,11,12,13 46:2,4 47:4,5 conclusions 42:2 conduct 36:2 37:6 49:10 conducted 46:3 conferred 44:15 confronted 45:2 connection 34:13 40:20 42:15 contents 37:25 CONTINUATION 32:12 Cooley 30:18 32:1 32:12 42:7,8 correct 34:14 35:2 35:17 36:12 39:14 41:4 43:22 correctly 37:7 counsel 49:12,13,16 49:18 county 30:13,13,21 31:7,11,12 36:15 49:3 course 43:1 46:24 46:25 court 30:7,24 32:16 48:8 49:23 Courthouse 30:21 Craig 34:6,25 35:2 crash 45:17 create 32:20,22 33:5 creation 32:25 criminal 34:15,18 34:21 37:17 CSR 30:24 D D 31:17 Dale 31:7 Daniel 31:8 date 33:17 38:20 39:15 41:4,5,6,6 43:13 47:9 dates 33:14 41:3 day 44:8,9,13 49:20 Decided 46:23 decision 38:14,16 40:9 Defendants 30:15 31:7 delivered 49:18 deny 45:4 DEPARTMENT 30:14 31:7 depending 33:2 deposition 30:17 32:10,13 48:6,9 48:18 49:5,8,10 49:11,14,17,18 deputies 35:20 36:1 45:2 deputy 33:13 34:7 34:12,20 35:3,18 35:20,21 36:13,14 36:18,21 37:2,13 38:22,23 39:17,18 40:15,17,18,18 42:9,11,12,13 43:7,9 45:7 47:12 47:13,14,18 described 35:12 DESCRIPTION 31:22 details 42:23 detective 37:16,22 determination 43:23 determined 41:23 different 33:2 34:11 41:1,2 direct 37:1 directed 46:20 discipline 38:5,8,15 disclosure 48:1 discovery 33:6 39:5 47:22 48:1

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dishonest 36:22 37:21 dishonesty 33:12 33:15 37:2 DISTRICT 30:7,8 document 32:17,20 32:23 33:1,2,5 36:20 40:4 41:25 documented 45:19 45:22 documents 32:25 33:2 34:1 38:2 doing 37:1,2 40:1 41:23 duly 32:2 E E 31:1,1,17 49:1,1 e-mail 48:12 early 41:19 East 31:4 Edge 36:20 either 36:24 Elfo 30:14 31:7,15 40:10 43:24 44:1 Elizabeth 31:11 Emily 31:3 employed 36:15 employee 36:11 37:16,18 43:12 46:17 49:12 employees 47:3 enter 46:14 entity 30:13 envelope 49:17 essentially 33:11 40:1 46:1 Ethridge 36:6,6 37:7 evening 37:6 event 34:10 events 47:18,19 evidence 37:15 exactly 43:2 examination 30:17 31:18 32:12 49:10 49:16,18 examined 32:3 49:7 exceptions 49:15 Exhibit 31:22 32:7 32:10,17 48:9 exonerated 35:25 36:1 explore 46:17 expressed 44:10 F F 49:1 fact 36:8,9 38:15 41:23 42:25 45:19 47:3,21 facts 41:24 42:2 failed 40:4 failure 38:5,7 false 39:19 40:16 42:10 43:2,3 47:12,15 falsified 38:22 February 38:21 43:13 Ferry 34:7 fifth 41:10 figure 43:1 file 34:12 37:23,24 37:25 filed 48:1 files 33:3,16,25 47:23 final 43:25 finally 43:25 financially 49:13 find 45:8 finished 45:16 first 32:2 34:5,8 39:22 45:16 five 40:2 41:10 48:3 Flynn 35:18 following 44:13 45:18 follows 32:3 foregoing 49:5,16 form 42:24 formal 38:5,8 former 35:20 38:17 forms 34:2 forwarded 49:18 found 42:24 47:20 fourth 40:2 Freeman 35:21 front 35:5 fulfilling 48:2 full 49:15 further 48:14 49:7 49:9,12,14,17 G Gallery 31:11 gather 41:24 general 37:5 generated 35:9,15 gist 33:10 45:14 46:1 give 33:22 given 41:23 Glenn 36:14 go 48:3,7,10 going 32:22 33:22 35:6 36:4 39:7,15 40:7,11 47:8 Good 32:22 Goodman 37:19 38:12 government 30:13 Grand 30:21 31:12 great 42:18 H hand 33:16 49:20 handed 32:16 48:8 handle 46:16 happened 43:2 head 44:25 hereunto 49:20 Holly 31:4 honest 33:24 36:18 honestly 36:25 honesty 33:24 house 35:23 hurt 42:21 Huso 47:11 40:3,12,20,21 42:7 43:1 44:17 45:19,23 47:9,13 47:20 investigations I 33:15,25 34:21 II 30:13,18 32:13 35:10 39:10,11 incident 34:10 35:3 40:2 41:20,21,24 38:21 39:15 41:4 43:10 41:6 43:13 47:10 investigator 35:18 incidents 41:3 36:17,19,24 37:14 included 45:12 37:15 40:14 41:16 including 34:21 42:9 47:11 49:15 involved 43:16 44:1 indicated 37:15 45:18 47:3 49:8 involvement 44:6 initial 39:25 ISLAND 49:3 inquiry 33:11 issue 35:3 42:19 inspector 42:7,8 46:6,7,17 47:18 44:17 issues 43:18 45:13 instance 45:6 item 46:12 47:8 instances 41:2 43:7 items 40:4,6 interaction 45:3 iteration 39:9 interested 49:13 J internal 35:14 J 30:14 41:21 46:17 interpersonal 45:3 James 38:18 interrogatory 33:7 job 41:19,24 Johnson 31:8 33:8 judgments 42:1 interview 36:19 June 37:13 37:16,22 39:20 40:16 41:5 42:10 K 47:12 interviewed 39:22 K-I-E-N-D-Y 35:16 Kamerrer 31:7,8 40:19 42:15 32:5 48:16 interviewing 38:13 kept 34:1 interviews 38:2 investigated 38:11 Kiendy 35:16 killed 42:22 46:18 47:4 investigating 44:17 kind 34:9 35:11,14 41:20,21 45:2 45:17 47:2 investigation 34:15 know 35:8 36:6,8 34:18 35:19 36:5 36:21 37:8,25 36:13 37:12,20 38:16 40:16,19 38:1 39:21,23 41:8 42:15 43:9

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43:24 44:1 45:6 46:4,10 47:25 48:10 knowledge 43:6 47:7 Kristen 30:23 49:4 49:23 L Lann 39:18 40:18 43:7,9 47:14,18 Laura 38:22 Law 31:4,8 led 39:22 Leda 35:16 left 43:25 Let's 48:3,7 letter 43:25 level 44:16 liability 42:21 lie 33:24 lied 33:24 34:7 37:16 45:25 Lieutenant 34:7 36:20 line 34:5 35:6 36:4 37:11 38:19 39:7 39:15 40:7,11 42:5 43:11 46:12 47:8 lines 34:6 list 33:22 38:1 39:4 47:7 listed 44:10 listened 44:11 Listing 31:23 locate 33:15 long 39:4 look 41:2 looked 41:21 looking 34:5,8 35:24 38:19 looks 40:25 lying 36:24 Lyman 31:8 M M 30:23 49:4,23 maintained 33:4 manner 49:10 March 30:20 39:16 40:13 marital 30:10,14 Mark 39:18 40:18 47:14 marked 32:10,17 48:9 49:17 matter 44:8,16 mean 32:24 35:25 means 36:1 Mede 43:19 44:11 45:4,4,7,20,25 46:2,4 meet 44:7 meeting 44:22 46:9 memorandum 44:24 mentioned 41:10 met 44:9 minute 48:3 minutes 35:12 misconduct 36:3 39:24,25 41:2,7,8 missing 40:6 Mm-hm 40:22 months 39:6 motions 49:15 Moving 37:11 42:5 43:11 Moyes 37:14 43:17 44:7,23 45:15,17 45:20,24 Murphy 30:10 35:20 needed 44:18 46:18 47:4 neglected 38:11 new 39:12 41:19 note 44:22 noted 49:10 notes 44:12 notified 43:4,8 November 42:7 number 34:8,9,10 34:10,20 35:6,7,8 35:12,14 37:11 38:19 39:7,8,12 40:11,23 42:5 43:12 46:13,19 numbering 35:9 39:9 numbers 41:1 47:6 old 39:12 once 40:24 opposed 36:11 Opposing 49:19 opposite 45:21 OPS 39:7,13 40:12 40:25,25 41:8 42:6 Oral 30:17 49:18 order 41:11 47:21 outcome 35:25 38:4 43:20 49:13 P P 31:1,1 PAGE 31:18,22 paper 35:5 paraphrasing 33:12 Parks 43:24 44:1 part 33:12 particular 38:11 40:21 44:11 45:12 46:6,12 parties 49:8,12 parts 41:22 party 35:16 36:6 37:13 38:21 39:16 40:13 42:8 43:17 47:10 49:10,19 PAUL 30:10 PDFs 34:1,3 Penny 37:19 period 40:1 person 38:11 pertain 35:19 place 39:22 41:16 45:16 Plaintiffs 30:11 31:3 police 34:13 positive 40:6 present 31:14 46:9 presumed 41:4 prevented 38:5,7 previously 48:9 probably 33:24 40:10 42:1 47:25 procedural 38:4,7 process 41:22 48:2 promptly 49:18 prosecuting 37:8 43:4,8 46:5 Prosecutor's 31:12 provide 47:22 public 37:7 48:1 purpose 35:22 pursuit 45:18 Q qualifications 49:10 question 33:17 questions 32:5 48:14,15,16 49:15 R R 31:1 49:1 read 38:12 48:10 49:7 reading 34:5 really 44:16 45:21 reason 45:15 recall 34:23 35:5,15 35:22,23 36:19 37:5,10 38:25,25 39:21,25 40:7,8 40:23 41:14 42:11 43:10,25 45:10 46:11 47:15 48:12 Recess 48:5 recommend 41:16 recommendation 41:18 recommended 41:14 record 32:6 48:4,7 49:8 redesigned 41:20 refer 44:18,20 reference 34:9 35:6

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