Opening Statements
Opening Statements
Plaintiff's Opening
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THE COURT:
MS. BOSMAN:
Thank you.
May it please
This is a case
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enforcement.
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uniform, and we give them the power because they can't have
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We give them
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Simple concept.
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Plaintiff's Opening
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that under Title VII and under the laws that the Judge will
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they know what they are, they know how people get treated,
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discrimination.
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else, so are the people that give him the badge, so are the
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people that give them the power, so are the people that give
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Plaintiff's Opening
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complaints.
based on race.
Now, that's
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If
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retaliated against.
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different forms.
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about discrimination.
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And then he
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Plaintiff's Opening
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think twice, they might look at Chris Miller and say I'm not
gonna rock the boat, I'm not sayin' anything, I don't want
During that
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happen to me.
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protection is afforded.
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over you, simply find out who you are not allowed to
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criticize."
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fundamental concept.
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I think it
Our police
No.
Not
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Plaintiff's Opening
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So,
And you
here?
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One of the
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have a right to do this, and how come that woman was saying
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that to me?
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didn't prosecute him, but you'll see the letter that the
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Plaintiff's Opening
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officer.
complaint of discrimination.
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regard.
And where was he assigned?
He was assigned to
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forth, and that beat, that assignment, was reserved for the
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officers who were new, new on the job, didn't have a lot of
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Mr. Miller.
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of the things that you're gonna hear about is that that was
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And one
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Plaintiff's Opening
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customary practice.
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And there is no
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I didn't do
We call
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Defendants' Opening
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shifting explanation.
see from your own lives is that when people offer changing
explanations for things, one day it's one thing, the next
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truth and what you will hear is the truth and the evidence
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and the testimony that you will consider will lead you to
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because he was a bad cop, he's not a bad cop, he was treated
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was adopted, but when they adopted that law, they did not
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say it's only for one race, only for one gender, it doesn't
THERESA J. CASAL, RPR, CRR
UNITED STATES DISTRICT COURT - NDNY
It
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Defendants' Opening
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say that.
about discrimination.
THE COURT:
MR. WAGNER:
Thank you.
Thank you.
Defense, please.
Ladies and
and I represent the City and the defendants that you see
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here today.
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Chief, then happily retired and has been fishing for a year.
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happily gone from the agency for good reasons, they're all
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Pete
Lieutenant Marlon
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What she
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Defendants' Opening
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We are
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Why did
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that.
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This man,
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Defendants' Opening
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ropes --
MS. BOSMAN:
Objection.
MR. WAGNER:
-- cut tents --
MS. BOSMAN:
MR. WAGNER:
THE COURT:
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MS. BOSMAN:
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THE COURT:
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MR. WAGNER:
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gentlemen.
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It was a
This is before
So is this a reasonable,
I say not.
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Okay, so
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Does
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Nay.
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Defendants' Opening
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ladies and gentlemen, that in 2006 and 2007, over the course
uniforms.
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his uniform.
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the counter who happened to say I'm sorry, I can't find it.
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Bunny Oliver had taken the day off to do some errands, and
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said I see you've taken the day off, I have power over you.
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she was the one that announced the pants were lost.
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She
He then
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Defendants' Opening
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around.
Okay.
daughter.
of pants.
from the driveway and plates removed and stay there as long
as I want.
She
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Mr. Miller.
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launches an investigation.
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investigated it.
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He comes back to
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Ave, and here's the real kicker, and ladies and gentlemen
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we're still talking about the pants, it's still about the
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interim.
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her porch, neighbor is on his porch and it's the same house,
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Defendants' Opening
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chewin' tobacco.
testimony.
Disgusting.
encounter.
She's feisty.
He starts
He's
She's not
He makes a motion
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saying your daughter better watch who she hangs out with or
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other thing.
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isn't a criminal.
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and inexcusable.
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discipline.
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This
There's no
It's sickening
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Defendants' Opening
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Deli, only place to get good food -- and he said I want you
with Bunny.
This is neither
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complaint?
Absolutely.
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with that.
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about Officer Miller, and they were like the Bunny Oliver.
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Lieutenant Byrd, on
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Defendants' Opening
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Guess where
Do we see a
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preferred, which was the 202 -- let me just get my beat map
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Take him off this, the 202 (indicating), where The Jungle
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Up in the 204.
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Defendants' Opening
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town.
affluent area.
punishment?
gotta get this guy out of the area where the complaints were
coming from.
This is a more
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on the 204.
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So he's
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(indicating)?
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about six square blocks, nice, and it's a block and a half
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You
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Defendants' Opening
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two of 'em with Officer Miller and we're gonna talk about
that.
for it.
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He refers it up.
It was a civil
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those.
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gonna hear Lieutenant Byrd talk to you about what they meant
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details.
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gentlemen:
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Defendants' Opening
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retaliation?
pleasant thing.
wasn't it done?
Why
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it in the e-mail.
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that, okay.
By sending
He can't pull
That's an
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Defendants' Opening
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that.
He waits until
Human Resources
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time, just got back from vacation and they were having so
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you'll see him get up there and own that decision, ladies
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I want ya to listen
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Defendants' Opening
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carefully.
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falsifying it.
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Oliver.
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letter.
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Defendants' Opening
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it anyway.
patrol anymore.
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DA sends
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accountability.
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Defendants' Opening
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right reasons?
ha, ha, Human Rights complaints, I know what I'm gonna do,
sensitivity training.
And
we are confident that after you hear the evidence that you
will conclude, as the City did, and the City has today, that
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THERESA J. CASAL, RPR, CRR
UNITED STATES DISTRICT COURT - NDNY