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662 D3L8FLO1 1 UNITED STATES DISTRICT COURT 1 SOUTHERN DISTRICT of NEW YORK 2 ---X 2 3 DA

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662 D3L8FLO1 1 UNITED STATES DISTRICT COURT 1 SOUTHERN DISTRICT of NEW YORK 2 ---X 2 3 DA 662 D3L8FLO1 1 UNITED STATES DISTRICT COURT 1 SOUTHERN DISTRICT OF NEW YORK 2 ------------------------------x 2 3 DAVID FLOYD, et al., 3 4 Plaintiffs, 4 5 v. 08 CV 1034(SAS) 5 6 CITY OF NEW YORK, et al., 6 7 Defendants. 7 8 ------------------------------x 8 New York, N.Y. 9 March 21, 2013 9 10:05 a.m. 10 10 Before: 11 11 HON. SHIRA A. SCHEINDLIN, 12 12 District Judge 13 13 APPEARANCES 14 14 BELDOCK LEVINE & HOFFMAN, LLP 15 Attorneys for Plaintiffs 15 BY: JENN ROLNICK BORCHETTA 16 JONATHAN MOORE 17 COVINGTON & BURLING, LLP 17 Attorneys for Plaintiffs 18 BY: KASEY MARTINI 18 GRETCHEN HOFF VARNER 19 ERIC HELLERMAN 19 BRUCE COREY 20 20 CENTER FOR CONSTITUTIONAL RIGHTS 21 Attorneys for Plaintiffs 21 BY: DARIUS CHARNEY 22 SUNITA PATEL 22 BAHER AZMY 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 663 D3L8FLO1 1 APPEARANCES (Cont'd) 2 2 MICHAEL A. CARDOZO 3 Corporation Counsel for the City of New York 3 Attorney for Defendants 4 BY: HEIDI GROSSMAN 4 BRENDA E. COOKE 5 JOSEPH MARUTOLLO 5 MORGAN D. KUNZ 6 SUZANNA PUBLICKER 6 LINDA DONAHUE 7 LISA M. RICHARDSON 7 JUDSON VICKERS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 664 D3L8FLO1 1 (Trial resumed) 2 PEDRO SERRANO, resumed. 3 MR. MOORE: Good morning, Judge. 4 DIRECT EXAMINATION (Cont'd) 5 BY MR. MOORE: 6 Q. Officer Serrano, I remind you you are still under oath. 7 A. Yes, sir. 8 Q. If you could keep your voice up so that everybody can hear 9 you. 10 At the end of the day, we were talking about the fact 11 that you believe that there were quotas imposed with regard to 12 your enforcement activity while you have been in the police 13 department, correct? 14 A. Yes. 15 Q. We talked about when you believed it started. 16 What I want to ask you now is, how did you learn about 17 the existence of quotas? 18 A. It was physically imposed on me. 19 Q. Were there conversations or directives or orders that you 20 received from your supervisors with respect to that? 21 A. Yes. 22 Q. What kinds of things would they say to you, your 23 supervisors say to you that would give you the impression that 24 they were requiring a numerical number in terms of your 25 performance activities? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 665 D3L8FLO1 Serrano - direct 1 A. One instance that I remember was with Lieutenant Doute, and 2 it was impact overtime, it was forced. Just having that impact 3 overtime was the retaliation for not meeting my quota. That 4 day -- 5 Q. Let me stop you there. Why did you believe that was 6 retaliation? 7 A. My numbers were low, and I did not want the overtime, and 8 it was physically -- it was verbally told to me that you're 9 going to get this overtime. 10 Q. When you say your numbers are low, are you referring to 11 your numbers with regard to arrests, summonses and 250s? 12 A. The 1 and 20, arrests, summonses and 250s. 13 Q. In terms of your radio runs or other duties you performed 14 as a police officer, did anybody ever tell you your numbers 15 were low in that regard? 16 A. Never mentioned it. 17 Q. What did Lieutenant Doute tell you? 18 A. Well, during roll call, he says that he wanted five, five 19 and five. 20 Q. Say that again. 21 A. He wanted five, five and five. 22 Q. What did that mean to you? 23 A. What it meant to me is he wanted five C summonses, five 24 verticals and five 250s. 25 Q. This was for one tour? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 666 D3L8FLO1 Serrano - direct 1 A. For one tour. 2 Q. What are C summonses again? 3 A. C summonses are criminal court summonses, returnable to 4 criminal court. 5 Q. What are verticals? Tell us what verticals are. 6 A. Verticals is you enter a building, you go to the top floor, 7 the roof, you check the top floor, you check all staircases, 8 every floor, to make sure there is no one hanging out, there is 9 no crime, and when you reach the bottom -- before you go up, 10 most of the time you tell central you're going up. And when 11 you leave, you tell central you're done. 12 Q. So that's a vertical, correct? 13 A. That's a vertical. 14 Q. Now, you called it an impact roll call. Is that a roll 15 call that's different from the regular tour roll calls? 16 A. Yes, it is. 17 Q. The regular tour roll calls, they happen before you go out 18 on patrol, correct? 19 A. Yes. 20 Q. And you typically would patrol in a -- 21 MS. COOKE: Objection. He is leading the witness. 22 MR. MOORE: This is foundation. 23 THE COURT: It is foundation. 24 Q. How would you typically conduct your tour on a regular 25 tour? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 667 D3L8FLO1 Serrano - direct 1 A. The roll call -- there are three roll calls. There is the 2 midnight roll call, there is the day tour roll call, and there 3 is a 4 to 12 roll call. I am the 4 to 12 roll call on a normal 4 basis. For this overtime, it overlaps the midnights and 4 to 5 12s, and that has a separate roll call. And that roll call is 6 when Lieutenant Doute, during impact overtime, forced impact 7 overtime, told me that I needed to write five, five and five. 8 In fact, he mentioned it about three times, maybe more, and I 9 tried to clarify what he meant. 10 Q. Well, we actually will play that recording in a minute. 11 Are there any other examples of where you were told or 12 given the impression by your supervisors that they required you 13 to do a certain number of -- achieve a certain number with 14 regard to your enforcement activity? 15 A. Yes. The second time was with Lieutenant Barrett. She is 16 the integrity control officer. During impact overtime, again, 17 which was forced, I was told to go out there and write five 18 summonses, five criminal summonses, in a specific area, within 19 a specific time and a specific place. 20 Q. Were you told to do that focusing on only a certain type of 21 event or a certain type of alleged criminal activity? 22 A. She narrowed it down to, don't write anybody that's a 23 dog -- walking a dog without a leash. Do not write elderly 24 people, I think she said 65, I can't remember. She narrowed it 25 down that I couldn't write certain summonses that she did not SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 668 D3L8FLO1 Serrano - direct 1 want, or the department did not want. And she told me I have 2 to write it within a specific area. 3 Q. Now -- 4 A. I have something else. 5 Q. I'm sorry? 6 A. She said also that, on both occasions, that the supervisors 7 will check up on you to make sure I have that activity. 8 Q. Let me ask you some questions now with regard to some of 9 the audio recordings you have made. 10 Beginning in 2010, and continuing to the present, did 11 you make audio recordings of statements by your supervisors? 12 A. Yes. 13 Q. Why did you do that? 14 A. Well, I'm a police officer, and if there was something 15 going wrong, and I knew it was wrong, and I knew if I would say 16 something to anyone, they wouldn't believe me, because the 17 person who I am accusing has higher rank. You have deputy 18 inspectors, you have lieutenants, captains, sergeants, they are 19 all above police officers. They are asking me to do something 20 that's illegal in my opinion. And I was worried. No one is 21 going to believe me. So I was hoping that with the recordings, 22 with documenting it in my memo book and doing a bunch of 23 things, that someone eventually will believe me. 24 Q. When you say something illegal, what are you referring to? 25 A. Stopping people illegally, arresting people illegally, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 669 D3L8FLO1 Serrano - direct 1 quotas, downgrading felonies. There's a lot of things that 2 they do -- I mean they, I mean the hierarchy of NYPD -- that 3 puts a police officer, his job in jeopardy. And if we don't do 4 it, they throw the book at us, the book meaning the patrol 5 guide, and they retaliate. 6 Q. Did anyone tell you to make those recordings? 7 A. No. 8 Q. Did you consult with anybody before you decided to make 9 those recordings? 10 A. No. 11 Q. So that's something you decided to do on your own, correct? 12 A. Yes. 13 Q. What was, generally, the subject matter of those 14 recordings? 15 A. Generally, the subject matter of the recordings are illegal 16 quotas -- illegal quotas, which is arrests, summonses, 250s.
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