LCS-CV-2024-001 - Post-Award - Castillo v. Los Santos County Sheriff's Department

[Kotwica]

"Your honor, your ruling?"

[almightybounter]

"Captain Guanti’s testimony about the administrative interview process and his observations during the interview with Sergeant Castillo is admissible under Rule 701 as lay witness testimony. The objections related to speculation about the feelings of others, internal affairs procedures, and the relevance of his administrative leave status are sustained."

 

@Kotwica @Michael

Edited July 16, 2024 by almightybounter

[Kotwica]

"We request the court to instruct the witness on the questions he is to answer and respectfully preserve the objection."

[almightybounter]

"Captain Guanti’s instructed to answer the following questions: Q1, Q2, Q3, Q4, Q5, Q7, Q8, Q10, Q11, Q12, Q13."

 

"The objections to Q6 and Q9 are sustained, and the witness is not required to answer these questions. 

"The objection to Q10 is overruled (rephrased). It seeks factual information about Mr. Castillo's status during the interview."

 

@Kotwica @Michael

[almightybounter]

"To clarify and address any concerns, the court asks the Plaintiff to specify their objections, if any, to the following questions:

1. Q1: Are you currently assigned to, or work in the Internal Affairs Bureau in any capacity?
2. Q2: Were any of these administrative interviews related to the use of force by an employee?
3. Q3: Were any of these administrative interview subjects placed on administrative leave at any point before, during, or after the interview for a reason related to use of force by the employee?
4. Q4: Do you know for certain that a one-way mirror was installed in the room or are you simply making an inference?
5. Q5: Given that you were sat closest to the door, did you feel that the investigators were in a position to prevent you from leaving at any time?
6. Q11: Are employees on administrative leave reasonably allowed to carry their issued firearm?

Please specify the grounds for any objections you have to these questions."

[Kotwica]

"Your honor, we seek to no raise no new objections. However, I am unclear on the courts ruling to question ten. We objected on the grounds of relevance and outside of the scope of direct examination, it is unclear whether you are asking the witness to answer question ten."

Edited July 16, 2024 by Kotwica

[almightybounter]

"Mr. White, the rephrased question is relevant and falls within the scope of the direct examination therefore your objection is overruled. The witness may answer the rephrased question."

[Kotwica]

"My apologies your honor, who is Mister White? And to be completely clear our witness is to answer question one through five, ten and eleven? You did not mention ten in your previous statement."

Edited July 17, 2024 by Kotwica

[ImperiumXVII]

Counselor, that's one through five, seven, eight, ten, eleven, twelve, thirteen.

[Kotwica]

"Thank you counselor, just for the court record if the judge is able to confirm for the clarity of the record."

[almightybounter]

"It is indeed, Mr. Wright." 

[GriffinT]

Q1: Are you currently assigned to, or work in the Internal Affairs Bureau in any capacity?
"No."

 

Q2: Were any of these administrative interviews related to the use of force by an employee?
"Yes, multiple."

 

Q3: Were any of these administrative interview subjects placed on administrative leave at any point before, during, or after the interview for a reason related to use of force by the employee?

"Yes. I've seen people placed on admin leave before, during, and after interviews.  I have also placed people on administrative leave myself."

Q4: Do you know for certain that a one-way mirror was installed in the room or are you simply making an inference?
"By way of fact? No, I don't know for certain.  However, there was a room directly next to where the "mirror" was and based on my training and experience, I percieved that to be a one-way mirror.  So to answer definitively, yes, I was making an inference."

Q5: Given that you were sat closest to the door, did you feel that the investigators were in a position to prevent you from leaving at any time?

"I didn't feel that way personally because I was not under any investiagtion.  However, I believed that Castillo would be prevented from leaving if he attempted to do so. Mainly due to the fact that they both had their firearms and we both did not."

 

Q7: Is it standard procedure for the subject of an investigation to be allowed to carry a firearm when meeting with investigators?

"It depends. I don't know Internal Affairs policy.  However, I was not the subject of an any investiagtion, yet I was not allowed to carry a firearm."

 

Q8: Is it standard procedure for a peace officer to carry a firearm in their own place of work?

"Yes, it is."

 

Q10: Were you on administrative leave during the interview by the Internal Affairs Bureau?

"No."

 

Q11: (Follow-up if yes) Are employees on administrative leave reasonably allowed to carry their issued firearm?
"Generally not, no."

 

Q12: Were you or Mr. Castillo, at any point during the interview, physically prevented from leaving by investigators or other physical blockages, for example furniture or locks?

"No."

 

Q13: Did you or Mr. Castillo, at any point during the interview, ask if you could leave?

"We asked to have a private moment. That consisted of either us leaving, or the investigators leaving. They refused to leave."

 

 

[almightybounter]

"Is there anything else to add, Ms. Thyne? Mr. Wright?"

@Michael @Kotwica

[Kotwica]

"A few questions for redirect.

Q1. Captain, you answered that you asked for a private moment, why did you want that private moment?
Q2. When the internal affairs investigators did not leave - bring us back to that point. Did you in that moment feel that you were not free to leave?
Q3. Did this investigation feel any different than any other investigations you attended or personally conducted, if so why?
Q4. Do you believe that the fundamentals of policing that you are familiar with govern the conduct and type of policing that these investigators perform?"

@GriffinT @Michael @almightybounter

Edited July 26, 2024 by Kotwica

[ImperiumXVII]

Your honor, question 10 was re-worded - the witness should answer the re-worded question.

 

Was Mr. Castillo on administrative leave during the interview by the Internal Affairs Bureau?