Melendres # 697 140507 Transcript - D.ariz. - 2-07-Cv-02513 - 697 - Transcript - May 7 2014 Hearing

Case 2:07-cv-02513-GMS Document 697 Filed 05/15/14 Page 1 of 42
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Plaintiffs,
6
7
8
)
)
)
)
)
)
)
)
)
)
)
vs.
Joseph M. Arpaio, et al.,
Defendants.
Phoenix, Arizona
na
May 7, 2014
10:05 a.m.
OG
10
CV 07-2513-PHX-GMS
S
Manuel de Jesus Ortega

Melendres, et al.,
BO
.C
OM
11
EF
12
13
TH
14
REPORTER'S
OF PROCEEDINGS
RT 'S TRANSCRIPT
RTE
TR
TRAN
16
BEFORE THE HONORABLE G. MURRAY SNOW
OF
15
17
(Status
- Sealed Proceedings Omitted)
t us Conference
Confe
nf
18
ND
19
20
IE
21
FR
22
2
23
24
25
Court Reporter:
Co
Gary Moll
401 W. Washington Street, SPC #38
Phoenix, Arizona 85003
(602) 322-7263
Proceedings taken by stenographic court reporter

Transcript prepared by computer-aided transcription

CV07-2513, Melendres v. Arpaio, 5/7/14 Status Conference
A P P E A R A N C E S
1
2
4
5
6
7
Cecillia D. Wang, Esq.

sq.
sq
.
AMERICAN CIVIL LIBERTIES
BERTIES
ERTIES UNION
UNI
FOUNDATION
Director
Immigrants' Rights Project
Pr
Proj
39 Drumm Street
treet
reet
San Francisco,
94111
cisco, California
cisco
Cali
al
(415) 343-0775
343
43-0775
0775
BO
8
9
10
12
For the Defendants:
13
TH
14
18
ND
19
17
OF
15
16
20
IE
21
FR
22
2
23
24
25
Timothy
J.
Esq.
mothy
othy J
. Casey,
Ca
SCHMITT,
SMYTH,
CHMITT, SCHNECK,
CHMITT
SCH
CASEY & EV
EVEN, P.C.
E
1221 E
E.
. Osborn Road
Suite 105
Phoenix,
Arizona 85014-5540
Phoe
oe
(602)
277-7000
(6
EF
11
Daniel J. Pochoda, Esq.

AMERICAN CIVIL LIBERTIES
FOUNDATION OF ARIZONA
77 E. Columbus Avenue
Suite 205
(602) 650-1854
.C
OM
For the Plaintiffs:
OG
Thomas P. Liddy
Deputy County Attorney
MARICOPA COUNTY ATTORNEY'S OFFICE
Civil Services Division
222 N. Central Avenue
Suite 1100
(602) 506-8541

I N D E X
1
2
Witness:
LARRY FARNSWORTH
Examination by the Court

Examination by Mr. Pochoda
Examination by Mr. Casey
.C
OM
Page
16
20
30
6
7
8
Document prepared by MCSO with updated

u date
up
dat
information provided to Chief
hief Kiyler
Kiyle when
she was assessing interim
compliance on
rim
im complian
compli
Thursday, May 1, 2014
11
12
13
TH
14
17
18
ND
19
16
OF
15
20
IE
21
FR
22
2
23
24
25
BO
Description
OG
10
No.
EF
E X H I B I T S
Identified
23
10:30:30

P R O C E E D I N G S
1
2
3
THE COURT:
Thank you.
THE CLERK:
This is civil case 07-2513, Melendres

v.
s v
.
Arpaio, on for status conference.
10:05:33
Counsel, please announce.
MR. POCHODA:
Dan Pochoda for the ACLU

Arizona for
U of Arizon
plaintiffs.
MS. WANG:
BO
.C
OM
Please be seated.
Good morning, Your Honor.

Honor.
the ACLU for the plaintiffs.
11
THE COURT:
Good morning.
ng.
ng
.
12
MR. CASEY:
Good morning,
rning,
rning
, Your Honor.
EF
OG
10
13
the defendants.
14
Maricopa County Attorney's

rney
ney's
s Office.
Offic
fi
Cecillia
Wang of
Ce
Cec
Tim Casey for
TH
With me is
co-counsel,
Tom Liddy, from the
s my co
o-c
Also with
me is -h m
-
16
CHIEF
F DEPUTY
DEPUT SHERIDAN:
SH
OF
15
17
MR.
R CASEY:
CA
CASEY
:
10:05:51
Chief.
Chief Deputy -- I always get the words
confused
Sheridan; Larry Farnsworth; Russ Skinner from
ed
d -- Jerry
Je
Jer
19
the
Compliance/Implementation Unit, Your Honor.
e Court Comp
ND
18
THE COURT:
T
21
I just remind those who are in the public gallery that
IE
20
FR
22
10:05:42
Good morning.
10:06:07
while you're allowed to use devices, if you wish, to record

wh
2
23
manually by type, there is no recording of these proceedings
24
allowed, and if you are observed recording the proceedings you
25
will be removed, just to remind you.
10:06:31

I did have my clerk distribute, I believe, to both
parties a few minutes before the hearing began, I've taken
material from a report Chief Warshaw gave me, the monitor, and
d
I have all the material that pertains to the compliance with

ith
h
the court order, or the monitor's assessment of that
compliance, I've had retyped and distributed to you

u a few
fe
moments ago.
.C
OM
All right.
OG
EF
And by the way, Chief

Martinez, are you there on the
ef Martinez
Mart
line?
CHIEF MARTINEZ:
EZ:
EZ
15
THE COURT:
T:
Yes,
Y , sir.
Yes
TH
14
morning.
Good
d mo
m
Good morning, Your Honor.
I received from the monitor
additional materials
that were provided him by the Sheriff's
terials tha
17
Office that
concerning compliance.
t were
er updated
up
pda
18
me that,
course, he has not been able to verify those at
t, of
f co
19
this
is
s date,
date, but
bu I figured, Mr. Casey, that you were going to
20
them, anyway.
take us through
th
21
MR. CASEY:
ND
IE
FR
2
23
24
25
10:07:15
He's informed
OF
16
22
10:07:03
from the monitor this morning --
12
13
Go ahead.
I assume -- after he gave me that

I received
tha report,
re
rep
10
10:06:51
Were you not able to give it to them,

em,
em
, Brian?
Brian
BO
11
10:07:31
I apologize, Your Honor.
I was focusing
on what your clerk had handed to me and so I wasn't paying

attention.
I apologize.
THE COURT:
All right.
I was just saying that I
received this morning from the monitor materials that you
10:07:41

provided either this morning or late last evening that are
graphic materials pertaining to MCSO's compliance with my
enforcement order.
any detail.
.C
OM
I haven't had a chance to review them in
The monitor, of course, informed me when he
transmitted them to me that he hasn't been able to verify

verif them
t
the
in addition -- or take any steps other than the

e report I've
I'
given you to verify compliance, but I assume

going
to
e you're
you
go
take us through that report now, anyway.

.
10:07:57
If the Court would

ould like
like,
, yes, I have
OG
MR. CASEY:
10
BO
Commander Farnsworth here to address

in whatever order
ress this
is i
12
you'd like, Your Honor.

THE COURT:
13
EF
11
All right
right.
ight.
.
Well, do plaintiffs have any

We
objection if I have the

defendant
take us through their -- and
he defendan
efenda
15
describe their compliance

with my order?
mp
mpli
nce
e wi
w
TH
14
MR. POCHODA:
POCHODA
OF
16
17
THE
H COURT:
CO
COURT
:
All right.
MR.
MR
R. CASEY:
C E
Yes, Your Honor.
Larry, you can come up.

Larr
ND
19
10:08:27
No,
Your Honor.
N
18
10:08:09
Mr. Casey.
We're going to approach.
Your Honor, what I understand has been handed out and

Y
21
to your clerk this morning, I also gave plaintiffs'

I provided
prov
ro
22
counsel this, I believe this is what was provided to the Court

co
10:08:40
FR
IE
20
2
23
yesterday.
It's a -- one, two, three, four -- five-page sheet
24
about Court Compliance and Implementation Division, about the
25
April 17th corrective statement.
10:09:07

The key phrase, if I was to summarize this, would be
at page 2, where there is some highlighted there about the
breakdown of employees who have completed the required reading,

g,
documentation, and signed the attestation log, and there are
two dates there, Your Honor.
that?
was there --
.C
OM
One is from May 1st.
Why
hy is
i
10:09:29
CAPTAIN FARNSWORTH:
MR. CASEY:
Yes.
BO
Because that's the first date I think that Sherry Kiyler

Kiyl
-- from the monitor

r team.
team
And
then from
A
An
yesterday as of 2:00 p.m.
And also we have ot

other documents
o
11
that Larry Farnsworth can address

those who have not
s as to why
w
12
signed have not signed.
13
or they're serving overseas

eas
s in Iraq
raq or Afghanistan.
OG
10
10:09:40
EF
For example,
Medical Leave Act,
exampl , Family
example
F
But with that,

I'm
going
to turn it over to Larry
t, I
'm goin
oi
TH
14
Farnsworth to deal
specifically
-- he's obviously prepared to
l sp
cifica
fic
16
answer your question

either by avowal to the Court or under
uestion eit
17
oath, whatever
preference is.
e er
r your
r p
10:09:57
OF
15
COURT:
THE
HE C
R
Well, I'll accept your avowal,
18
Chief
Farnsworth,
but I will say that if the plaintiffs want to
ief
ef Farnswo
rnswo
20
at that time I may put you under oath.

ask you questions,
qu
CAPTAIN FARNSWORTH:
22
THE COURT:
All right.
MR. CASEY:
If you would just go ahead and explain for
IE
21
FR
ND
19
2
23
10:10:13
Yes, sir.
Go ahead, please, sir.
24
the Court what the overall summary is in terms of what was
25
done --
10:10:26

THE COURT:
1
2
I'll tell you what let's do, just so
everybody can see this.
You have next to you an ELMO.
Can we bring up the ELMO, Kathleen?
And why don't you just put the sheets that you've
e
.C
OM
provided the Court on the ELMO.
We'll put them up on the

e
monitor.
gallery can see what you're describing for me, and I can see it
clearly, too.
BO
That way, plaintiffs' counsel and everyone

ne in the
e
It will take just one moment for

bring it up.
or us t
to br
b
Do you have access to that yet

Liddy?
yet,
, Mr. L
11
MR. LIDDY:
OG
10
Yes, I do, Your Honor.

Honor
no
larger screen, however.
It's not on the
THE COURT:
Yeah,
we'll
h, we
w
'll
l get
ge it up there.
14
Ms. Wang, can

it on your monitor?
n you
u see i
15
MS. WANG:
:
16
MR. CASEY:
CASEY:
TH
13
Yes,
Honor.
s, Your
Yo
You
Thank you.
With the Court's permission, I'll serve as

Wit
not the scribe,

maybe the -r be
e, but
t m
COURT:
THE
HE C
R
18
Page-turner?
MR CASEY:
MR.
The page-turner, that's -- yes.
20
THE COURT:
T
That will be fine.
21
(Off-the-record discussion between the Court and the
IE
ND
19
FR
22
2
23
24
25
10:11:12
OF
17
10:10:59
EF
12
10:10:40
10:11:26
clerk.)
cl
THE COURT:
It will just take one moment before I let
you begin, Mr. Farnsworth, or Commander Farnsworth.

Is it Captain or Commander?
10:11:32

CAPTAIN FARNSWORTH:
THE COURT:
There we go.
It's Captain.
All right.
Thank you.
All right.
Now, what you see on your
.C
OM
screen is what everybody else sees on their monitors.

CAPTAIN FARNSWORTH:
All right, Your Honor.
page is a listing of Sheriff's Office employees.
out by sworn, detention, and civilian.
employees within the Sheriff's Office.
It's
It
t's broken
brok
BO
It's all
ll compensated
compensa
On the very first page you can see there's

two dates.
there
there'
The first one's May 1st, 2014.
That's
t's
s the day
da the date was --
11
met with the monitor's representative.

tative
ative.
12
the Court had required that we be i

compliance.
in co
OG
10
EF
We
had to have a cutoff.
These
Thes are
ar the number of employees that
15
we have within the

Sheriff's
e S
riff
ff's Office, based on classification.
16
And it's a fluid

-- people resign, people get hired -uid number
num
17
so the base
e number
um
at the bottom of the report is we now have
18
3,381 employees
employees,
different by one from the day -- Thursday of
mployee
ND
S
3,382,
we've
lost one employee, there's a net loss of 1.
382
82,
, so
o we
we'
'
That's page 1.
T
21
THE COURT:
IE
20
FR
2
23
24
25
10:12:20
OF
TH
14
22
10:12:01
It's
also the date that
I
It
The 5-6 of '14 at 2:00

2:00 p.m.
p.m
p.
m was yesterday's date.
13
19
10:11:48
The
e first
rs
Any questions, Your Honor?
10:12:45
I'm not sure I have the same numbers.
Give me a second.
Giv
Gi
Oh, okay.
an updated sheet.
Okay.
The sheet I'm looking off is apparently not

I'll look off the screen like everyone else.
I'm following you.
10:13:01

Well, let me ask, do plaintiffs have any
MR. POCHODA:
Not at this time.
questions --
I'm just going

by
ing to go
g page
p
I'm not going to prevent you from asking

sking
king some
e overall
10
MR. POCHODA:
Thank you.
11
THE COURT:
12
Go ahead, Captain.
13
CAPTAIN FARNSWORTH:
RTH
H:
BO
page.
That's fine.
10:13:08
THE COURT:
10:13:17
EF
-- at the end.
nd.
nd
Okay.
Okay
That's the end of page 2,
I'll move to page 2 -page 1, I'll move to page 2.

- end of p
TH
14
We may have some

m
overall about who --
.C
OM
questions based on the first page?
5
6
THE COURT:
Honor?
3
4
How would you like us to proceed, Your
OG
MR. CASEY:
10
Page 2 is
breakdown
of employees, again by level
s the
t
break
rea
15
of classification:
sworn, detention, and civilian.
tion:
tion
: sworn
s
17
sworn side -- and

because
the order required that we have both
a
b
bec
18
line officers
fficers
ficers and
d supervisors, this was broke out that way.
On the
19
OF
16
10:13:26
20
5-6 it's
5-6
it s 480.
4
21
change between the two, so we increased 400 -- 1.4 percent,

chang
22
being that that's how many more signatures we got, people

be
The highlighted yellow part is the delta, or the
10:13:52
FR
IE
ND
as the sworn staff, we had 475, and now as of

As far
f
2
23
complied with the order.
It wasn't that it was because they
24
came back from vacation or military or whatever it was they
25
came back from.
10:14:13

So the second line is -- there's supervisors,
1
2
sergeants, and above, and we had 158.
compliance.
medical leave, so that's why it's not a hundred percent.
Going back to detention staff we have 1,117, or
THE COURT:
.C
OM
That's all right.
I'll let
et you go
g through
t
the page and then I'll ask my question.

MR. CASEY:
Okay.
Please continue.
inue.
inue
.
CAPTAIN FARNSWORTH:
10
Okay.
And so
a 1 percent
o it's
it
i
increase in the number of signatures

that we
tures
ures and
d training
tr
12
required.
MR. CASEY:
And that's
that
hat's
's on the detention side.
14
CAPTAIN FARNSWORTH:
SWORTH:
SWORTH
15
MR. CASEY:
Y:
16
CAPTAIN
FARNSWORTH:
AIN FARNSWO
FAR
TH
13
Yes, on the detention side.

Ye
Y
OF
This
s is
i supervisors for detention side.
Right.
18
compliance
with t
that.
ance
nce wit
.7 percent increase,
ncrease
crease, or 275, and we're at 98.9 percent
ND
Okay.
What's this next category?
CAPTAIN FARNSWORTH:
C
20
The next one is civilian staff
we're at 546.
and we
an
w
22
.9 percent, 97.1 percent compliance rate.
FR
IE
21
2
23
10:14:54
And then it's a
17
MR CASEY:
MR.
10:14:45
EF
11
19
10:14:33
I'm sorry, sir.
BO
The reason it's 99.3 is we have somebody off on
96.6 percent.
We had a 99.3 percent
OG
11
10:15:05
As of yesterday we're up, increased by
The civilian staff we're -- will be equivalent of a
24
sergeant above.
25
1.6 percent.
We're at 98.3 percent, and it's increased by

10:15:26

And our total civilian staff is 1.3 percent increase
1
2
12
from what it was on Thursday.

The total compensation aggregate for all MCSO
.C
OM
employees is that we're at 97.5 percent compliance.
And the
reason we're not at a hundred percent, again, is statement

ment
nt
because of staff that are on medical leave, vacation,

on,
on
, sick
si
time.
have the information as far as when they anticipate

return,
nticipate
ticip
re
then we have that listed.
BO
We do have a listing of all those employees,

if we
yees, and
yees
an i
We do have a policy and practice

place that
actice in p
OG
10
addresses both when those employees

that they cannot
yees
ees come back
ba
12
return to duty until they complete

their training and sign the
mplete thei
13
attestation log.
MR. CASEY:
make it clear for the Court, is

And so I ma
m
TH
14
this the log that identifies

i
id
tifies
fie who's not signed, and the
16
reason --
THE
COURT:
H COURT
CO
:
17
You know, Mr. Casey, I appreciate any
clarifications
ications
cations you want to make, but if you would speak into a
19
microphone
crophone so that the court reporter and I and everybody else
20
can hear you.
ND
18
10:16:24
MR. CASEY:
22
Is this the document?
FR
IE
21
25
10:16:15
OF
15
24
10:15:59
EF
11
2
23
10:15:43
I apologize, Your Honor.
CAPTAIN FARNSWORTH:
That's correct.
That's the
document listing all employees that haven't signed.

MR. CASEY:
Your Honor, for the record, we have a
10:16:33

13
color-coordinated document entitled "MCSO Employees Who Have
Not Signed Attestation Logs."
THE COURT:
Um-hum.
MR. CASEY:
And briefly, I'm going to just put this

his
s up
.C
OM
on the board to give the Court -- you may have seen this
is
already, but this goes through the reasons why, it's

s all color
colo
co
coded, the reasons why they have not signed an attestation

attestatio log,
so it can be followed up, et cetera.
BO
CAPTAIN FARNSWORTH:
Yeah, the color coding

is to show
codi
od
what rank, what classification they are

are.
ar
.
There's a color
Ther
The
11
schedule in the back that tells what red

d and
an blue and green and
12
gray are.
13
haven't done it so we're staying

tayin on top of it.
OG
10
10:17:02
EF
But this is what we track

trac to find out why they
It actually changes day

da to day.
TH
14
10:16:43
When I walked in my
office this morning

two attestation logs that had
ng there
ere
e was
w
wa
16
come in, so it's

shooting target as far as
t's
s a continuous
c
conti
17
completion.
10:17:17
OF
15
COURT:
THE
HE C
R
18
And when you get the -- from here on out,
19
when
en
n you get the logs, I assume you'll just provide the updates
20
monitor.
to the mon
10:17:30
CAPTAIN FARNSWORTH:
22
THE COURT:
RI
21
Yes, sir.
All right.
I just had a couple of
2
23
questions, but I think what I'll do before I ask them is I'll
24
let you get through all of the sheets and then I'll ask my
25
questions.
You may or may not know the answers to them.
10:17:42

MR. CASEY:
you, Captain Farnsworth, is:
document would you like to explain to the Court to show what
has been done, if anything?
And I guess the next question I have for

What else out of this particular
.C
OM
CAPTAIN FARNSWORTH:
14
The third page just gives

es the
th
breakdown based on that color-coded descriptor of who has not

n
done what, both by classification, pretty self-explanatory.

explanator
MR. CASEY:
Next page.
CAPTAIN FARNSWORTH:
BO
Next page,
, please.
pleas .
please
That's just a
continuation from the third page.
This
hi is
i the
th total number of
11
employees that remain -- have not

t been ta
take -- have not been
12
addressed, so -MR. CASEY:
And what
this next page?
hat is
i th
14
CAPTAIN FARNSWORTH:
SWORTH:
SWORTH
TH
13
The
very last page is the posse,
T
Th
15
the posse page that

total number of posse personnel that
at -- the
he t
16
we have.
17
they're active
reserves.
t ve
e retired
retire
i
10:18:27
OF
That
also a listing of our reserves, and
t includes
inclu
the bottom of the page talks -- gives us the

And
nd t
18
statistical
atistical
tistical breakdown.
b
20
39 percent increase in signatures from Thursday till today, or
21
till yesterday.
y
22
compliant, or 78.4 percent, active reserves are at a

com
co
IE
ND
19
FR
10:18:14
EF
OG
10
As far as the posse, we've had a

10:18:48
We now are at 1,410 that have become
2
23
hundred percent compliance right now, and retired active
24
reserves are at 56.6 percent.
25
10:17:55
And the reason that that number, just an explanation
10:19:08

15
on active retired, they were typically deputy sheriffs that
have retired, continue to keep their status as a peace officer,
but they may be anywhere in the nation, and so getting to them

m
is problematic as far as they've been sent letters, they've

ve
been sent e-mails, but we haven't got a response back yet.

yet
t.
MR. CASEY:
Please tell the Court if I, Tim

im Casey,
Casey, am
a
a member of the posse, I happen to live in the metro Phoenix

Phoe
area and I refuse, for whatever reason, to sign this,

this what's
the result?
All posse
members were
osse member
membe
10:19:42
OG
CAPTAIN FARNSWORTH:
10
BO
11
inactivated and cannot perform any

as a posse member
ny function
functi
12
until they become compliant.
13
and posse commanders.
That was distributed to all posse
EF
MR. CASEY:
Thank you.
y .
you
TH
14
Is there anything else about
this document, Captain

Farnsworth,
that you think is important
pt
ptai
Farns
arn
16
for the Court to know,

the plaintiffs' lawyers behind you
kno , for
know
f
17
to know, about
b ut
t your
r efforts; what's been done; what do you hope
18
to accomplish?
omplish
mplish?
?
ND
S
CAPTAIN FARNSWORTH:
CAPT
19
Your Honor, this is a continuing
until it's a hundred percent compliant.

process un
21
it.
to manage
ma
man
22
updates.
up
IE
20
FR
10:19:56
OF
15
We'll continue
10:20:14
We'll continue to provide to the monitor our
And we have a process in place to ensure that people
2
23
don't go back and don't do anything until they've completed
24
this training and the signature attestation log.
25
10:19:28
.C
OM
THE COURT:
All right.
I appreciate that.
I just
10:20:30

16
have a few follow-up and then I'm going to, as I said, allow
the plaintiffs to ask follow-up, and if it would be easier for
the plaintiffs, I might have you come sit in the witness box
when you do that.
.C
OM
Would you prefer to have Captain Farnsworth sworn?

worn
rn?
MR. POCHODA:
THE COURT:
All right.
Captain Farnsworth,
would you
worth,
worth
, woul
please step right here.
BO
Yes, we would, Your Honor.
MR. CASEY:
May I also hand this

witness?
is to the w
10
THE COURT:
You certainly may

may.
11
MR. CASEY:
(Handing).
12
THE CLERK:
Please raise your

right hand.
y
13
(Larry Farnsworth
th was duly
uly sworn as a witness.)
14
THE CLERK:
10:21:01
EF
OG
TH
Thank you.
y .
you
Please take our witness stand.
LARRY
ARR FARNSWORTH,
15
called as a witness
herein, having been duly sworn, was
itness here
17
examined and
testified as follows:
n testifie
testif
OF
16
EXAMINATION
18
BY THE COURT:
COURT:
20
Q.
21
first.
them f
22
plaintiffs to ask their questions, and then I'll allow your

pl
IE
ND
19
FR
10:20:43
Captain,
I just have a few questions, and I'm going to ask
Captai
10:21:29
After I ask you my questions, I'm going to allow
2
23
attorneys to ask any follow-up or clarification questions that
24
they might have.
25
A.
Yes, sir.
All right?
10:21:43

17
Q.
A couple of days after I entered my enforcement order, the
MCSO requested clarification and a limitation of my order, and
I did limit my order in some aspects.
major categories, I provided, if you want, an out of compliance

liance
an
for the MCSO.
.C
OM
But in both cases, two
10:22:04
In both of those categories I required the

to
e sheriff t
6
7
make certain attestations to me.
One wasn't quite

uite so
demanding.
all that you had to do was indicate that

t all these
thes folks are
BO
It involved volunteers that serve

and
ve in the
e jail,
j
religious or instructive volunteers that serve

rv in the jail and
11
the sheriff just had to sign and

that's
d say that
at's all -- the only
12
connection they have with the

e MCSO
MCSO.
Has the Sheriff's

that certification?
s Office invoked
i
13
A.
Yes, sir, they have.

ave
ve.
15
roster and the sheriff's

request to have them excused.
er
eri
's req
re
16
only the -- the

that we ask, but I do have a
he jail volunteers
vol
17
copy, and it's

i 's
s --
18
Q.
19
from
order, do you know?
om
m the orde
20
MR. CASEY:
M
21
THE WITNESS:
22
hundred percent sure.

hu
OF
It's
10:22:38
How many jail volunteers were excused
That's
at
t's
' all right.
i
ND
IE
FR
I brought
a copy with me, both of the
brou
ro
TH
14
2
23
BY THE COURT:
24
Q.
25
10:22:23
EF
OG
10
That's fine.
You need your file, sir?

I do.
I think it's 780, but I'm not a
A rough estimate is fine for me.
MR. CASEY:
10:22:51
May I approach?
Let me --

THE COURT:
Sure.
MR. CASEY:
This is your file?
THE WITNESS:
Thank you.
.C
OM
Yes, sir.
18
BY THE COURT:
Q.
more -- I imposed more limits on the ability for the

he sheriff to
get excused for complying with other employees.
certain criteria that the sheriff had to attest

test to.
10:23:08
Now, Captain, there was also another category, and this

was
h
wa
BO
I set forth
fo
Were any MCSO either volunteer posse members,

memb
em
volunteers, or MCSO paid staff, excused

by
used
sed from compliance
c
11
virtue of what I'll call that second

way of being
cond possible
possib
ss
12
excused from compliance?
13
A.
14
only ones that were excused

xcused wer
were the jail volunteers.
15
Q.
16
answer to this,
s, but the request by the MCSO gave rise to
17
certain questions,
because, as you will have gathered by my -ue tions
io , be
EF
OG
10
Now,
don't
ow, I don
ow
on't know whether you'll know the
OF
All right.
you read my response to your request.

I assume
ass
18
The
TH
No, sir, there was -- there was zero on that part.
10:23:50
It
19
was
s ---
20
A.
Several
Severa times.
21
Q.
-- filed as a supplemental order.
22
extent there is overlap in MCSO functions, I'm not sure to what

ex
2
23
extent detention personnel may also supplement their salary by
24
doing -- by engaging in law enforcement, traffic control, and
25
other things, but have you made any attempt to determine that?
10:24:04
I'm not sure to what
RI
10:23:31
10:24:23

19
A.
No, sir.
There was no attempt at all.
Q.
All right.
evidence was admitted into evidence that involved -- and I went

nt
back and looked at it a little bit in connection with your

r
request for clarification.
287(g) certification of the Sheriff's Office was revoked

evoked --
.C
OM
In the substantive trial of this matter,
Do you know what I'm talking about now?

w?
7
A.
Yes, sir.
Q.
-- the Sheriff's Office hired an exterior

from
terior consultant
cons
on
BO
Kansas to come in and train what it said was

900 enforcement
s 9
11
personnel about their inherent authority

uthority to enforce federal
12
immigration law.
13
of course, cover all those

folks.
se folks
folk
.
14
made a very good-faith

to
h effort
effo
t make sure that it has.
15
was interested that

900
at that
at 9
0 figure doesn't seem to match up
00
16
with any of the

that you've provided me here today.
he subsets
subs
OG
10
EF
And I'm concerned

that my corrective order,
ncerned tha
But I
10:25:29
OF
TH
It seems to me that you've
ND
S
people were th
that received what I determined to be the erroneous
training
aini
aining
that the Sheriff's Office had the inherent authority
20
to enforce federal immigration law?
21
A.
22
knowledge of it.
kn
IE
19
FR
10:25:02
Do
o you
ou have
v any idea who the persons were, who the 900
17
18
10:24:45
Evidence was admitted that when

he the
th
Your
Honor, I -- I can't speak to it.
Y
Yo
10:25:47
I don't have
As far as the 900, we have 2,055 detention
2
23
officers, so I know that a majority of the 287(g) that were
24
trained, many were within the jail system, but I don't know
25
where the 900 --
10:26:08

Q.
training there was a jail component and there was a non-jail
component.
A.
That's my understanding, yes, sir.
Q.
All right.
Is that also your understanding?
10:26:20
THE COURT:
Well those are my questions.
Captain.
Plaintiffs?
Thank yo
you,
you
EXAMINATION
BO
It did seem, the evidence did suggest that 287(g)
Yeah.
.C
OM
20
BY MR. POCHODA:
11
Q.
12
clarification about what these

mean.
se documents
docu
document
I just
ust
st wanted to
t get some
EF
Captain, good morning.
10:26:34
OG
10
This document that

hat
t was up and that was showed to
14
everybody, this is something

omething
mething you
yo
o prepared, is that right?
15
A.
My staff did, but

I was part of it, yes, sir.
b
bu
16
Q.
And you gave

ave thi
this to the monitor's office yesterday, is
17
that accurate?
a ?
18
A.
TH
13
OF
10:26:44
IE
ND
S
Yes,
s, sir,
sir
ir,
, I did.
d
Q.
20
accompanied this that went to the monitor?

accompanie
21
A.
22
believe I provided it to the monitor this morning, not this -be
FR
19
And
An what else did you give?
Actually,
you know what?
A
Ac
What other documents
I have to retract that.
10:26:57
2
23
not yesterday.
24
Q.
25
there any other documents or information provided to the
Thank you.
Whenever you provided it to the monitor, were

10:27:13

monitor --
A.
monitor.
conducted to be compliant with this order.
document.
of employees who have not signed the attestation log.

og.
og
.
three documents were provided to the monitor this

his morning.
morning
There were three other documents that we provided to the
.C
OM
It's a four-page
age
And then the other one is the color-coded document

ocument
ument
BO
You know, if I can interrupt,

not
terrupt
errup , I'm
I'
I
sure, Brian, did you distribute this to the parties?

parti
partie
come take a look at it?
Can you
documents from the monitor this

that he, at least,
his morning
mor
13
represented were provided

I just want to make sure
d to him,
hi , and
him
a
14
that he didn't give me

e something
somethin that you're unaware of,
15
Captain.
TH
EF
12
You didn't
didn't give that?
OF
16
WITNESS:
THE
HE W
N
18
THE COURT:
ND
19
21
THE WITNESS:
22
THE COURT:
IE
this morning?
monitor th
FR
All right.
Yes, sir.
Is that something you also provided the
20
25
10:28:02
Do
the document I've just handed you?
o you
ou recognize
recog
ec
17
24
10:27:47
Because I've actually received

three separate
eceiv
t
thr
11
2
23
10:27:29
Those
Thos
OG
10
One was the -- a list of the efforts that we had
THE COURT:
8
9
21
10:28:22
Yes, sir.
All right.
Do you want to describe that
for Mr. Pochoda.

And Mr. Pochoda, if you'd like to get a look at it,
you can approach the witness and retrieve it.
10:28:31

And then Mr. Casey, I don't know if you've seen this
or not, but maybe you want to come up and take a look at it,
too.
MR. CASEY:
went over on the --
THE COURT:
It is.
MR. CASEY:
It is?
THE WITNESS:
Is it, Your Honor, different than what

at he
h
10:28:44
BO
This is what I sent the monitor

monitor, so this
monit
is what I just received.
Your Honor, I apologize

apologize.
.
just handed the witness?
Is this what you
THE COURT:
13
If you want to take

ke it back
bac to the podium and take a
TH
look at it, both of you

you.
ou.
MR. POCHODA:
OD
ODA
16
(Pause
se in proceedings.)
p
proce
OF
15
MR.
POCHODA:
R POCHODA
POCHOD
17
THE COURT:
ND
19
IE
FR
24
25
That's fine.
Just
10:29:40
it as Exhibit 1.
mark i
22
2
23
10:29:11
I won't stop to read this all now, Your
Kathleen, would you please mark the document.

K
20
21
Sure.
Sure
ure
Honor, but
bu if we could have it marked for the record.
18
10:28:59
EF
12
14
It is.
OG
MR. CASEY:
10
11
.C
OM
22
clerk.)
THE COURT:
Exhibit 1.
Then we'll put it as Plaintiffs'

10:29:51

THE WITNESS:
23
Your Honor, if I could clarify, when the
monitor visited with us on Thursday, we provided Chief Kiyler
with documents to help her with the report, and then the
monitor asked us on Friday to provide what we provided to her.

her
er.
So we provided to them on Friday what was provided

ovided
de to
this morning at 7:00 a.m.

THE COURT:
8
9
10:30:14
I sent updated documents

s to them
All right.
Chief Kiyler on Thursday.
So this document
cumen is
cument
s the
t
BO
.C
OM
updated document -- or a document with updated

information that
updated inf
in
you'd provided to Chief Kiyler when she was assessing
interim
a
as
11
compliance with you last Thursday?

ay
y?
OG
10
THE WITNESS:
Yes, sir.
sir
13
THE COURT:
14
You'll see, Mr.

and I don't know if you've
Mr Pochoda,
Pochod
Pochoda
EF
12
Thank you.
Th
TH
All right
right.
ight.
.
had a chance to review

ev
evi
Chief
hie Kiyler's report that I also
16
submitted to you this

thi morning.
mo
17
MR.
R POCHODA:
POCHOD
POCHODA
OF
15
THE
HE COURT:
C R
10:30:45
We have not yet.
All right.
18
10:30:32
BY MR
POCHODA:
MR. POCHOD
OCHOD
20
Q.
21
this, but if you could indicate what you base this report on,
this,
22
the one that you did provide them on it, or what

th
ND
19
10:30:53
FR
IE
Maybe I could just briefly, then, we'll take a look at
2
23
documents/data/information did you look at to get these numbers
24
and figures?
25
A.
I just --
10:31:09

Q.
How did you know, for example, that it was 98 percent of a
certain category that indeed had read and signed?
come to that conclusion?
A.
How did you
.C
OM
24
Okay, now I understand your question.
We have a master log of all employees within the

e
Sheriff's Office on that date, and we compared all the
attestation logs to the master list.
list every attestation log had been numbered.

d.
master list we have a list of where the signature is so we can
And then on the master

mas
as
BO
And
so
A
s on the
go back and document on an audit function.

nction
ction.
OG
10
10:31:48
So the master list has the name

has the -- the
name,
, h
11
number of the attestation number

we gave to it so that we
mber that
th
w
13
can go back and do an audit

it, and that's where our
dit
t for it
14
numbers came from.
15
Q.
16
looks like and

information it contains, but first let me
d what info
17
ask you:
18
attestation
logs?
ation
tion log
lo
?
19
A.
20
Q.
21
logs.
from those
t
22
A.
TH
EF
12
10:32:05
OF
Let me ask something

about those, what an attestation log
me
meth
ng abo
ab
Did
provide the monitor the corresponding
D d you
y
p
pro
A copy
py of every one of them, no, we did not.
ND
IE
FR
10:31:26
So the monitor just got this, the conclusions from -- drawn
10:32:19
The monitor, while they were here, we showed them our
2
23
process of how we did the -- the audit, and then we -- she
24
randomly picked, I believe, 10 names, and I may be wrong on the
25
number, I'm not sure exactly, but she randomly picked names
10:32:36

from the -- she had the logs, so she went by the logs and --
or, I'm sorry, she went by the master list.
master list, Here it is, the names.
signature and the attestation, you know, the attestation log.

log
g.
We provided that to her from the number.
25
Showed me on the
.C
OM
Then she said, Show me the

he
10:32:56
And then she went out to further verify that

hat and
an
randomly select people in the Sheriff's Office -- we had both
logs with us so that we could show the master,

er,
er
, the signature,
sig
s
and the real person -- and then she interviewed

real
erviewe the
erviewed
t
th
BO
person.
11
Q.
12
the monitor, take a look at the Court

Court's
Cou
's order of April 17th of
13
2014 that indicated you should

the attestation logs as
ould provide
prov
rov
14
well to the monitor?
15
A.
16
documents that
monitor asked us for.
t the m
monit
17
Q.
OG
10
TH
EF
You did not, in providing -- or decidin

deciding what to provide
decid
And we provided all the requested

A
As opposed
what is in this court order of April 17th.
po ed
d to wha
w
me strike that.
Let
et m
What does an attestation log look like?
EN
D
19
What
information for a command staff -- let's start with the command

informatio
21
staff.
staff
22
member of the command staff at MCSO?

mem
me
2
23
A.
RI
20
25
10:33:33
OF
Yes, it did say

ay that.
hat.
18
24
10:33:12
10:33:50
What information is in there for each person who's a
I apologize to you.
I didn't bring a copy with me.
The line officer is different than from the

supervisor --
10:34:06

26
Q.
Yeah, the command staff, the higher-ups.
A.
From sergeant and above --
Q.
Yeah.
A.
-- because the order required that they had a different

nt --
they had more reading to do, so the logs were different.

t.
apologize I didn't bring copies of either one.
Q.
person who's in that category, what would be

the
e the entries,
entri
t
columns in an attestation log for that person?

person?
.C
OM
BO
But if you can describe what -- for any one

e particular
particula
A.
It would have their name printed,

number,
d, their serial
s
se
11
their assignment, their signature,

top header part
re
e, and
an on the
t
12
of the document would say under

-under -- and I'm -- please,
der - unde
13
I'm -- I've not memorized

it would say that I
d it,
it, but basically
b
14
attest that I complied

ed
d with the
he required orders and the reading
15
that was -- that was

and that was listed in that on
wa required,
equire
uir
16
every one of the logs.

log .
logs
TH
OF
10:34:52
And
under our policy for providing false
n then
th
u
und
17
ND
S
documentation,
ntation
ation,
, if
f you did that you could be charged with or
some
me
e complaint
complain with false documentation.
20
statement that says, you know, You need to be -- to be truthful
21
that you signed.

with everything
e
22
Q.
IE
19
FR
10:34:29
EF
OG
10
18
10:34:14
And
d I
Right.
So it was a clear
10:35:11
And if you recall, do you remember what the
2
23
specific documents on the top of the command staff logs were
24
that they attested that they had read, or were there specific
25
documents listed at all, or just a general statement, We have
10:35:28

complied with the Court's orders?
A.
listed the specific what had to be read.
have any problem providing the plaintiffs with a copy of -THE WITNESS:
THE COURT:
THE WITNESS:
No --
-- those logs?
-- I have nothing.
we get back.
I can do that
when
th
10
BY MR. POCHODA:
11
Q.
I appreciate that.
12
A.
I apologize for not bringing

with me; I should have.
ging it wit
13
Q.
And just briefly, how

w were these
thes
hes distributed?
14
folks who signed it, both

command staff and the sergeants
bot the
t
c
co
15
and below the sergeants,

where were these logs located
ge
gean
s, whe
wh
16
physically that
at they were
wer able to sign them?
17
A.
18
out, and
nd
d so
o on a -- on a log, depending on how many people were
Where do the
ND
S
They were
were part of a briefing board that went
we e --- they
h
in the group
group, I could have one signature or I could have, I
20
25 signatures.
believe 2
believe,
21
Sheriff's Office.
Sherif
Sheri
22
supervisors, all employees.

sup
su
IE
10:36:02
OF
TH
EF
OG
10:35:47
19
FR
10:35:41
.C
OM
Let me ask, Captain Farnsworth, do you

ou
BO
No, sir, it was created from the order itself, and we
THE COURT:
27
It went to everybody within the
10:36:23
There wasn't a person -- it went to all

It was an e-mail that we have an
2
23
e-mail distribution that went to everybody.
24
Q.
25
moment, was there any part of that form that indicated that the
We'll take a look at the logs, but since we're here for the
10:36:39

28
person who signed it had taken the time to understand the
documents?
A.
wording said, but -- I don't remember what the wording said.

id.
couldn't -- I couldn't testify to it right now.
Q.
them and I took the time to understand them, or

r they just said,
I have read them?
A.
I don't recall, Your Honor --
10
Q.
Thank you.
11
A.
-- I'm sorry.
12
Q.
In any event, Captain Farmsworth

-- excuse me, Farnsworth,
rmswort rmsworth
13
whether they attested to understand

understanding
or not, did the MCSO
nderstand
14
take any steps, for the

or any individual, to test
he group
rou o
15
whether they had in fact

and understood the documents?
ct read
rea
re
16
A.
17
supervisor and
commander was asked to conduct a random survey
nd
d comman
comm
18
of three
their employees and asked the question, Did they
ee of
f th
19
read
ad
d it,
i , and did they take the time to read it, and com -- I
it
20
read and comprehend, but I'm -- I don't know that's the

believe re
21
exact wording.
22
the documents of that also, and -- and the results.

th
.C
OM
I don't remember what the -- I don't remember what the
10:36:56
BO
You don't remember if they -- if they stated, I have re

read
TH
EF
OG
10:37:07
There was a random survey.
Every
I could provide a copy of the survey.
10:37:57
We have
FR
IE
ND
OF
Yes, sir, there was.

was
10:37:37
2
23
Q.
24
documents to the people who asserted they had read them.
25
A.
But there were no questions about the content of those
No, sir, because they were different levels.
The
10:38:12

29
supervisors had one level of reading they had to and the line
officers had a different, so we didn't have a different
questionnaire for each.
Q.
All persons had to --
A.
Can I clarify?
Q.
Please.
A.
I do believe it said, Do you understand that

at there was
wa
a
racial -- that decisions were -- law enforcement

decisions
were
ement decis
c
made.
.C
OM
BO
10:38:25
Do you understand that law enforcement

were
cement decisions
deci
dec
made that were based on racial profiling?

iling?
iling
?
I'm
I' misquoting what
11
I'm saying, but there was a questionnaire

that asked if there
stionnaire
tionnaire t
12
was two questions that were specific

specifi to it, to the order.
MR. POCHODA:
Thank
you.
hank
nk you
yo
.
14
THE COURT:
you.
Thank you
y
.
15
MR. CASEY:
Y:
Yes,
sir.
es, si
s
16
THE WITNESS
WITNESS:
OF
TH
13
Any follow-up?
10:38:55
To clarify a question, I did bring the

T
master log
all
g of
f what
w
al the signatures were and how the process
18
works if
a thick, long, lengthy document, but it does
f -- it's
it
19
show
ow
w all the employees, their sig -- not their signatures, but
20
where they are in the log process, so -- it's the master list
21
we're using, so -that w
IE
ND
17
THE COURT:
10:39:15
Does it show what the attestation was that
FR
22
each employee made?
24
THE WITNESS:
25
THE COURT:
2
23
10:38:39
EF
OG
10
No, sir, it didn't.
All right.
I didn't -10:39:25

EXAMINATION
1
2
BY MR. CASEY:
Q.
questions, what was the date that you met with Chief Kiyler,
er,
monitor?
A.
May 1st.
Q.
And did you provide the master list of employees

loyees to
t
Chief Kiyler?
A.
I did.
10
Q.
And did you provide her access to

actual logs for her
o the actu
act
11
to review if she so chose?
12
A.
13
10.
14
Q.
15
information and data

at of
ata
f any type that she might want?
16
A.
Yes.
17
Q.
Did she
that invitation?
e accept
cc
th
18
A.
She
e advised
advise me to contact the monitor team on Monday and
19
ask
-advise -- find out from them what documents they
k - and
nd adv
20
wanted.
wanted.
21
Q.
Okay.
O
Ok
22
A.
Yes.
OG
BO
10:39:32
10:39:39
In fact, we actually
sampling of about
ly did a random
ra
EF
Yes.
.C
OM
Captain, quickly, in follow-up to plaintiffs' counsel's
10:39:52
OF
TH
Did you also offer

a thumb drive of all the
r Chief
Chie Kiyler
Ki
Kiy
ND
IE
FR
30
10:40:07
And did you do that?

Actually, I talked to them on Friday, they called me
2
23
on Friday, so yes, we did.
24
Q.
And who is "they"?
25
A.
Chief Warshaw.
10:40:15

Q.
Chief --
A.
I'm sorry, Chief Martinez.
Q.
Chief Martinez.
of you of what he wanted?
A.
Yes.
Q.
And did you provide that to Chief Martinez --
A.
I did.
Q.
Okay.
monitor team that was not provided to the

he monitor team?
31
.C
OM
Did Chief Martinez make specific request
10:40:23
BO
Was there anything that was asked

d of you by the
A.
No, sir, everything was provided.

d.
11
Q.
All right.
12
attestation was directly from

Court's order.
m the C
Court
OG
10
EF
Now, you mentioned

ed earlier
earlie that the -- the
Did I understand
correctly?
d that corr
orr
13
A.
That's correct.
15
Q.
And you also said

you
remember specifically the
sa
sai
u don't
do
d
16
attestation, but I want

to see if this refreshes your
w
17
recollection,
o
okay?
okay
?
18
A.
19
Q.
20
they actually read it, is that a correct statement?

or not the
21
A.
That's
correct.
T
Th
22
Q.
And the second thing is whether they took sufficient time,
Yes.
s.
That each person that was asked to sign was asked whether
ND
IE
10:40:45
OF
TH
14
FR
10:40:33
2
23
in their own subjective judgment, to try to understand what
24
they read.
25
A.
10:40:58
Is that a correct statement?
I believe that is a correct statement.
10:41:12

Q.
So I'm not holding you to the precise verbiage, but
generally that's what your understanding is of what this
honorable court required, right?
A.
Yes.
Q.
And that's what you required as compliance for everyone

eryone
on to
read it, right?
A.
Yes, sir.
Q.
All right.
mention that there were sort of a -- an internal test.

t
.C
OM
BO
Do you
remember answering that series of questions

uestions by
b Mr. Pochoda?
11
A.
Could you clarify again?
12
Q.
Yeah.
13
understood it?
14
A.
Yes, we did a random

sampling.
dom samplin
sampli
15
Q.
All right.
16
A.
Yes, there
e were.
were
17
Q.
And to refresh
recollection, was one of the questions,
efresh
fresh your
yo
18
quote, Did you carefully read the seven-page corrective
19
statement
document from Judge Snow?
atement
tement doc
20
A.
Yes.
Yes
21
Q.
Does
that sound accurate to you?
D
Do
22
A.
That's correct.
2
23
Q.
Without holding you to the exact verbiage.
24
A.
Yes, sir.
25
Q.
Okay.
OG
10
10:41:35
Sorry.
orry
rry.
.
EF
Mr. Pochoda asked you,

how do you know if they
yo , Well,
you
W
Well
TH
Do you remember
that section?
emember
ember tha
10:41:48
OF
And
were two questions, weren't there?
nd there
here
e we
w
ND
IE
10:41:24
Now, you also -- in closing

g here,
here you
yo also
FR
Okay.
32
Yes or no.
10:42:00
And the second question which was asked randomly
10:42:06

33
was:
Do you understand that Judge Snow in the Melendres v.
Arpaio court decision found that the Maricopa County Sheriff's
Office impermissibly used race or ethnicity as one factor among

ng
others in making law enforcement decisions?
Yes or no.
Was that generally what was asked of --
.C
OM
A.
Yes, sir, that's correct.
Q.
Okay.
important because you mentioned that everything

thing
hing that was
attested to by anyone in the MCSO was pursuant

ursuant to your
BO
Now, the final area that I want to make sure

is
sur i
truth telling policy, isn't it?
11
A.
That's correct.
12
Q.
And so it's clear for the

e Court
Court, and
an with the Court's
13
indulgence, leading you a little

bit, but that is a policy that
littl bi
14
says if you lie, that is a terminable,

fireable offense, isn't
termi
rm
15
it?
16
A.
17
lie, you di
die, basically
is -basic
basical
18
Q.
19
A.
20
Q.
You lie,
you die, yes?
li
21
A.
Yes,
sir.
Y
Ye
22
Q.
And so if they tell their supervisor that they've read
TH
OF
Yes, sir, and it

followed strictly.
it's been
b
10:42:51
It's if you
Okay.
ay
y.
--- you
ou go away.
ND
IE
10:42:38
EF
OG
10
FR
10:42:26
2
23
something this Court has ordered and they haven't, lie or die.
24
A.
Yes, sir.
25
Q.
If they don't sufficiently understand it and they've
10:42:58
10:43:08

34
attested it -Now, everyone has their own abilities to understand
2
things.
difficulty understanding sometimes certain parts of orders,

s, but
b
they have an obligation to fully understand to their best

est
t
ability, right?
A.
Yes, sir.
Q.
And if they don't tell the truth, that's

right?
s lie or die,
di
A.
That's correct.
All right.
BO
10:43:25
Those
ose are al
all the questions.
OG
MR. CASEY:
10
Thank you, Your Honor.
12
THE COURT:
13
Any follow-up?
14
MR. POCHODA:
15
THE COURT:
T:
16
MS. WANG
WANG:
:
10:43:33
Thank you.
ou.
ou
EF
11
Some of the orders -- some of the lawyers have
.C
OM
TH
No,
N , Your
No
ur Honor.
Ms. Wang?
Wa
Wan
OF
Your Honor, I'm sorry to interrupt.
10:43:39
I just
was a little
l bit
bi unclear.
uncl
n
I think Captain Farnsworth said that
18
he provided
vided
ded Chief
Ch f Kiyler from the monitor's office with the
19
document
cument
ume
that was projected on the ELMO this morning, which was
20
a summary of the compliance numbers, and three other documents,
21
I'm
and I
an
' not sure he ever managed to finish listing those three
22
documents.
do
10:43:53
FR
IE
ND
17
2
23
THE WITNESS:
There were two other documents, and it
24
wasn't the document that was provided today because today's
25
document has yesterday's -- up to yesterday's statistics.
So
10:44:09

35
what Chief Kiyler was provided was what we had complied with on
that Thursday, May 1st, date.
but there was only three documents provided to her.

MS. WANG:
THE WITNESS:
.C
OM
So it's a different document,
And what were the other two documents,

, sir?
si ?
sir
The documents were the status or
r the
th
percentage of update, what we've done to comply with

th the order,
orde
or
a time line type, and I believe it was also those

ose that had
ha
failed to -- the color coded one that hasn't

-hadn't
t - hadn
n't --
hasn't been complied with yet.

MS. WANG:
11
THE COURT:
Thank you.
OG
10
BO
10:44:48
The parties,
, perhaps
perhaps, have not been able
to read Chief Warshaw's summary

of Chief Kiyler's
ary to me o
13
activity.
14
that Captain Farnsworth

you'll see that Chief Kiyler
th described,
describ
describe
15
indicates that she

randomly
e ra
domly
mly went to two different districts
16
within the MCSO

selected patrol, or sworn officers randomly
SO and sele
17
from those districts,

and then quizzed them about their
istricts
strict
18
compliance
with the
policy and found that everyone that she had
ance
nce wit
t
EF
12
10:45:10
OF
TH
In addition to
o doing the session that chief -- or
ND
S
19
10:44:30
contacted
ntacted
tacted was in compliance with the policy.
It is clear to me that the monitor -- well, it seems
I
20
me, based on the testimony, that the Sheriff's Office is in

to me
22
substantial compliance with my enforcement order, and to the

sub
su
FR
IE
21
10:45:31
2
23
extent that the Sheriff's Office is not in complete compliance,
24
they have implemented policies which will require complete
25
compliance before anyone reassumes any law enforcement
10:45:51

36
responsibilities or obligations.
To the extent that there may yet remain an inadequate
level of understanding at the MCSO, that is something that the

e
monitor will continue to verify compliance on, and so I am

m
going to find the MCSO in compliance with my enforcement

nt order
order,
subject to only if when you see the actual attestation

tion
language, Mr. Pochoda, you feel like it's inadequate,

equate,
equate
, you can
indicate as much to me, but based upon the clarification

clarifica
clarificati
provided Mr. Casey, it sounds to me like

e the attestation
atte
attes
.C
OM
BO
language is in compliance with my order.

rder
der.
.
And so I am going to
11
find, at least -- I'm going to find,

you can demonstrate
ind,
ind
, unless
le
12
otherwise, that the MCSO is in complian

compliance with my April 17th
comp
13
enforcement order.
Thank you, Captain.

Captain
aptain.
15
Is there anything
that we need to raise while
a thing
any
ng else
e
TH
14
You may step down.

Yo
Y
OF
MR.
R CASEY:
CA
CASEY
:
Your Honor, I would like to approach the
bench for
sidebar,
with plaintiffs' counsels' permission, on
r a si
b
19
a matter,
just a housekeeping matter, real brief, but I think
matter
att , jus
20
be important.
it might b
ND
18
IE
21
FR
2
23
10:46:46
we're all here?

e?
17
22
10:46:31
EF
OG
10
16
10:46:11
THE COURT:
to do it at sidebar?
All right.
10:46:59
Is there a reason why we need
Is there a personal matter, or something
that --
24
MR. CASEY:
Yes, Your Honor.
25
THE COURT:
All right.
10:47:07

37
(Bench conference on the record.)
(Page 37, Line 2, through Page 46, Line 18, sealed by

order of the Court.)
.C
OM
3
4
5
6
7
BO
8
9
OG
10
11
EF
12
15
16
17
18
19
20
21
RI
22
2
23
24
25
OF
14
TH
13

46
1
2
.C
OM
3
4
5
6
7
BO
8
9
OG
10
11
EF
12
13
TH
14
15
OF
16
17
18
(Bench
conference concluded.)
(
Ben
20
(Pause in proceedings.)
21
THE COURT:
22
MS. WANG:
RI
19
All right.
10:59:23
Other issues, Ms. Wang?
Just to keep the Court apprised of some
2
23
other issues that we're conferring with the defense about,
24
there are a number of issues about the training that's required
25
under this Court's supplemental injunction.
We're meeting and
10:59:45

47
conferring with Mr. Casey.

As the Court knows, the plaintiffs have proposed a
list of alternative or additional instructors for those
training subjects, and we're conferring both with the defense

ense
e
and with the monitor about that.
on the two training curricula that MCSO has prepared

ed and
submitted to the monitor in to the monitor and the defense

defens on
time, which would be next Wednesday, which is the

14th.
th 14th
4
.C
OM
11:00:00
THE COURT:
All right.
Anything
that, Mr. Casey?
ng on that
10
MR. CASEY:
No, Your Honor.
11
THE COURT:
All right.
Thank you.
yo
y
OG
BO
We plan to get our comments

omments
ments
11:00:22
just offer, the monitor

I will j
jus
is very good at keeping me apprised

pprised of everything that's going
13
on.
EF
12
It's one of his many

y strengths.
strengths
Let me just say

say,
sa
, I have
av a word or two, an observation
TH
14
or two to make; otherwise,

th wise
the
e, I will let him handle the matter.
16
But out of a desire to c

comply with my order as it pertains to
17
my legal ru
rulings,
the order requires that there be a
ings
ng , and
a
18
bar-certified
rtified
ified lawyer involved in that training, the monitor has
11:00:34
ND
S
OF
15
observed,
served
erv , and he has apparently spoken directly with the
20
County s curriculum subcontractor, the monitor suggested, and I

County's
21
wouldn't think there's a whole lot of disagreement about this,

wouldn
would
22
but in case there is I want to raise it now, that in order to

bu
11:00:58
FR
IE
19
2
23
make the training of value to law enforcement officers, the
24
deputies who are actually going to receive it, I am going to
25
require that there be a certified lawyer there.
But lest we
11:01:20

48
engage in too much lawyer-speak that a typical deputy can't
understand, it would be my expectation that there is also an
experienced law enforcement officer who can translate what may

y
be legal language into practical street language involved in

n
that training.
11:01:45
Is there going to be any objection to that

t by the
t
6
7
.C
OM
County?
MR. CASEY:
No.
THE COURT:
Any objection by the

plaintiffs?
he plaintif
plainti
MR. POCHODA:
11
MS. WANG:
12
THE COURT:
No.
No.
OG
10
BO
So if that oral clarification
EF
All right.
ht.
ht
11:01:53
is enough, I will deem it

if we're going through
t enough,
enoug , but
enough
b
14
the exercises I've deemed

eme that we must do to provide this
emed
15
supplemental -- provide
rov de this
rovi
thi additional training with new
16
policies, I want
ant to make sure that it is a training that is of
17
value and c
can
appreciated,
understood, and applied by the
n be
b appr
p
18
deputies
those who receive it.
es and
nd t
19
open
en to
t things
thing that, while legally correct, and we have the
20
assurances that they are legally correct, are also practically

assurance
21
understood and understandable by those who must benefit from

unders
under
22
the training, and that, I hope, would not be an object of too

th
11:02:05
So I'm going to be very
11:02:26
FR
IE
ND
OF
TH
13
2
23
24
25
much disagreement between the parties.

All right.
With that, then we will have the minor
status matter I've set for next week, and then we will proceed
11:02:44

under the terms of the order.
One moment.
.C
OM
court reporter.)
THE COURT:
I am going to authorize the Sheriff's

ff's
'
Department and/or the plaintiffs to have a copy, if

f they
request it, of the matters that occurred under seal

seal.
.
course, when you get that copy -- I'm going

that
g to authorize
autho
authori
without further order of the Court, but if you do get such a
EF
13
TH
14
18
ND
19
17
OF
15
20
IE
21
FR
2
23
24
25
BO
But,
But
ut of
Thank you.
(Proceedings concluded at 11
11:03
a.m.)
1
:03
3 a
12
16
All
ll right?
right
OG
copy, it must remain under seal.
11
22
11:02:58
10
49
11:03:13

50
1
C E R T I F I C A T E
.C
OM
3
4
5
I, GARY MOLL, do hereby certify that I am duly

dul
appointed and qualified to act as Official Court Reporter

for
Repor
p
the United States District Court for the

e District of Arizona.
BO
I FURTHER CERTIFY that the foregoing pages constitute
OG
10
a full, true, and accurate transcript

all of that portion of
script
cript of
f al
12
the proceedings contained herein,

in the above-entitled
rein, had
rein
h
i
13
cause on the date specified

ied
d therein,
therein and that said transcript
14
was prepared under my

y direction and control.
TH
EF
11
16
DATED
Arizona, this 15th day of May,
A ED
D at Phoenix,
P
Pho
17
2014.
ND
19
18
OF
15
20
IE
21
FR
22
2
23
24
25
s/Gary Moll

Melendres # 697 140507 Transcript - D.ariz. - 2-07-Cv-02513 - 697 - Transcript - May 7 2014 Hearing

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Melendres # 697 140507 Transcript - D.ariz. - 2-07-Cv-02513 - 697 - Transcript - May 7 2014 Hearing

Caricato da

Copyright:

Formati disponibili

Case 2:07-cv-02513-GMS Document 697 Filed 05/15/14 Page 1 of 42

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Manuel de Jesus Ortega

BEFORE THE HONORABLE G. MURRAY SNOW

Proceedings taken by stenographic court reporter

Case 2:07-cv-02513-GMS Document 697 Filed 05/15/14 Page 2 of 42

Cecillia D. Wang, Esq.

For the Defendants:

Daniel J. Pochoda, Esq.

For the Plaintiffs:

Case 2:07-cv-02513-GMS Document 697 Filed 05/15/14 Page 3 of 42

Examination by the Court

Document prepared by MCSO with updated

Case 2:07-cv-02513-GMS Document 697 Filed 05/15/14 Page 4 of 42

This is civil case 07-2513, Melendres

Arpaio, on for status conference.

Counsel, please announce.

Dan Pochoda for the ACLU

Good morning, Your Honor.

the ACLU for the plaintiffs.

Maricopa County Attorney's

Tim Casey for

Chief Deputy -- I always get the words

I just remind those who are in the public gallery that

while you're allowed to use devices, if you wish, to record

manually by type, there is no recording of these proceedings

allowed, and if you are observed recording the proceedings you

will be removed, just to remind you.

Case 2:07-cv-02513-GMS Document 697 Filed 05/15/14 Page 5 of 42

I did have my clerk distribute, I believe, to both

parties a few minutes before the hearing began, I've taken

I have all the material that pertains to the compliance with

the court order, or the monitor's assessment of that

compliance, I've had retyped and distributed to you

And by the way, Chief

Good morning, Your Honor.

I received from the monitor

from the monitor this morning --

I assume -- after he gave me that

Were you not able to give it to them,

I apologize, Your Honor.

on what your clerk had handed to me and so I wasn't paying

I was just saying that I

received this morning from the monitor materials that you

Case 2:07-cv-02513-GMS Document 697 Filed 05/15/14 Page 6 of 42

provided either this morning or late last evening that are

graphic materials pertaining to MCSO's compliance with my

I haven't had a chance to review them in

The monitor, of course, informed me when he

transmitted them to me that he hasn't been able to verify

in addition -- or take any steps other than the

given you to verify compliance, but I assume

take us through that report now, anyway.

If the Court would

Commander Farnsworth here to address

you'd like, Your Honor.

Well, do plaintiffs have any

objection if I have the

describe their compliance

Yes, Your Honor.

Larry, you can come up.

We're going to approach.