1209
1 IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
2 EASTERN DIVISION
3
ADAMS, et al., ) Docket No. 94 C 5727
4 )
Plaintiffs, )
5 )
vs. )
6 )
CITY OF CHICAGO, ) Chicago, Illinois
7 ) March 13, 1996
Defendant. ) 9:00 o'clock a.m.
8
9 VOLUME VII
TRANSCRIPT OF PROCEEDINGS - Hearing
10 BEFORE THE HONORABLE JOHN A. NORDBERG
11
APPEARANCES:
12
13 For the Plaintiff: LAW OFFICES OF KENNETH N. FLAXMAN, P.C.
BY: MR. KENNETH N. FLAXMAN
14 122 South Michigan Avenue, Suite 1850
Chicago, Illinois 60603
15
16 For the Defendant: CITY OF CHICAGO
BY: MS. DARKA PAPUSHKEWYCH
17 MS. SHONA B. GLINK
MR. JAY KERTEZ
18 30 North LaSalle Street, Room 1020
Chicago, Illinois 60602
19
20 Court Reporter: MR. JOSEPH A. RICKHOFF
219 S. Dearborn Street, Room 1738
21 Chicago, Illinois 60604
22 * * * * * * * * * * * * * * * *
PROCEEDINGS RECORDED BY
23 MECHANICAL STENOGRAPHY
TRANSCRIPT PRODUCED BY COMPUTER
24
25
1210
1 THE CLERK: 94 C 5727, Adams vs. The City of Chicago.
2 For hearing.
3 MS. PAPUSHKEWYCH: Good morning, your Honor.
4 THE COURT: Good morning.
5 MR. FLAXMAN: Good morning, your Honor.
6 MS. GLINK: Good morning, your Honor.
7 THE COURT: I have got to get one more of these
8 well-bound books. I will be right back.
9 (Brief pause.)
10 THE COURT: We are trying locate where we have got
11 these.
12 MR. FLAXMAN: We used up a whole book on this case?
13 THE COURT: I filled them all up.
14 All right. Anyway, court is back in session on the
15 case of Adams vs. Chicago, 94 C 5727.
16 MS. PAPUSHKEWYCH: First thing this morning, your
17 Honor, we told Mr. Flaxman last night that we had no
18 cross-examination of Dr. Lawrence. So, that is not an issue
19 this morning.
20 THE COURT: All right.
21 Now, what about -- I did not understand what these
22 written answers were now that you have requested. Are these
23 the written answers that are on the computer that -- where you
24 have the computer printout.
25 MR. FLAXMAN: Well, no. These -- I have the disk
1211
1 image. I have on disk what's in the computer, and there's
2 employee number and then 150 numbers.
3 THE COURT: With the answers?
4 MR. FLAXMAN: With the answers.
5 THE COURT: Right.
6 MR. FLAXMAN: And to --
7 THE COURT: So, why would you need anything else?
8 MR. FLAXMAN: Well, I -- in order to prove it up that
9 this -- that my exhibit is an accurate summary of what's on the
10 computer, I need somebody to testify -- unless they'll
11 stipulate to it, I'll need somebody to testify to it, and I'm
12 the person who prepared the summary chart.
13 MS. PAPUSHKEWYCH: He has no way to establish the
14 foundation for his document, your Honor.
15 MR. FLAXMAN: And if we had a few of the actual answer
16 sheets, it would be very easy to do. If it's too hard to do or
17 impractical, then I --
18 THE COURT: I just do not want to delay things. I am
19 worrying on -- what is the concern I have is completing the
20 taking of the evidence and final arguments and your conclusions
21 and findings of fact -- proposed findings of fact, so that this
22 can be ruled on, because I am going to be wiped out shortly
23 with other things. In fact, I am already wiped out. If you
24 want to sit in this afternoon, you will hear people hollering
25 and screaming that they are entitled to have rulings and
1212
1 completions of trials and so on. I just --
2 MR. FLAXMAN: What you asked yesterday is that the
3 city see how hard it would be to get those papers; and, if it
4 is hard and they can't get it, then we won't use it.
5 THE COURT: What is the problem with stipulating as to
6 the accuracy of the computer information on the answers that
7 have been given?
8 MS. PAPUSHKEWYCH: We haven't established that, your
9 Honor. This case has been pending for two years and
10 Mr. Flaxman has never asked for the underlying documentation
11 until yesterday. But I think we could circumvent this whole --
12 if I may just address this issue --
13 THE COURT: Okay.
14 MS. PAPUSHKEWYCH: -- we may circumvent this whole
15 problem.
16 Mr. Flaxman yesterday represented that the reason he
17 wanted this information in the record is to establish that of
18 the 114 people that we have already promoted back in 1994 from
19 this examination, that those people got certain answers wrong
20 on this examination and that we did not retrain them. We did
21 not go back and look at the answers that they got wrong and
22 retrain them on the law that they missed. We could stipulate
23 to that. We did not go back. The Chicago Police --
24 THE COURT: You mean, specifically retrain them?
25 MS. PAPUSHKEWYCH: Yes --
1213
1 MS. GLINK: On particular items.
2 MS. PAPUSHKEWYCH: -- on particular items.
3 The Chicago Police Department does not have the answer
4 sheets. The Chicago Police Department does not know which
5 candidates got which answers wrong. The Chicago Police --
6 THE COURT: In other words, Arthur Andersen has all
7 that stuff.
8 MS. PAPUSHKEWYCH: Arthur Andersen has all that
9 stuff. We never even looked at it, your Honor.
10 So, if the purpose of this is to say we do not
11 retrain, we'll stipulate to it.
12 THE COURT: Well, the purpose, of course -- this is a
13 preliminary injunction hearing, and I know, in a sense, this is
14 -- keeps expanding to a final injunction hearing. And because
15 of the time urgency, I do not think that is appropriate that we
16 should try to do that. I think this ought to be confined to a
17 preliminary injunction hearing with the fact that the evidence
18 adduced can be used for the final injunction hearing.
19 So --
20 MR. FLAXMAN: Based on this --
21 THE COURT: -- some of these matters, it seems to me,
22 might not be able to be included in the preliminary injunction
23 hearing because they were not prepared in advance.
24 MR. FLAXMAN: Judge, we will accept this proffered
25 stipulation and withdraw the request for those 4700 answer
1214
1 sheets.
2 MS. PAPUSHKEWYCH: And, then, we have a written draft,
3 your Honor, and we will give it to Mr. Flaxman and see if we
4 can agree on the language.
5 THE COURT: All right.
6 Now, you said you had three other -- well, first of
7 all, I am not sure that you finished your case in chief yet.
8 MS. PAPUSHKEWYCH: Oh, no. We still have Lieutenant
9 Klein. He needs to cross-examine Lieutenant Klein.
10 THE COURT: Right.
11 MS. PAPUSHKEWYCH: We still have Chief Cadogan.
12 THE COURT: Okay.
13 MS. PAPUSHKEWYCH: And, then, that will be the close
14 of our case in chief.
15 THE COURT: Right.
16 And, then, you indicated you had three witnesses for
17 rebuttal. Now, who would they be, I mean, in addition to the
18 doctor?
19 MR. FLAXMAN: There are one or two of the lieutenants
20 and one sergeant, who will be short, and they will be rebutting
21 what I anticipate Mr. Cadogan's testimony to be.
22 THE COURT: I see. All right.
23 MS. PAPUSHKEWYCH: That's fine.
24 THE COURT: Can we estimate, then, that we would be
25 finished by tomorrow.
1215
1 MR. FLAXMAN: We might be finished today. I hesitate
2 to say that, but --
3 THE COURT: I can go until 12:30. We were going until
4 6:30 last night on a preliminary injunction hearing on an
5 election, and I am going to rule at 12:30 today on that. So,
6 we could -- well, if you have seen what I have got facing me --
7 MS. PAPUSHKEWYCH: That's fine. We all anticipated
8 that we would just go until 12:30 today, your Honor. That's
9 fine.
10 THE COURT: But tomorrow we could, I think, go until
11 1:00. And, then, if Friday we could have closing arguments --
12 and is it possible to have proposed findings on Friday or do
13 you need the weekend, then, for that? I mean, I --
14 MS. PAPUSHKEWYCH: We should be able to do it by the
15 end of the day Friday.
16 MS. GLINK: If all we have left is closings for
17 Friday, then we will have completed all the evidence and we
18 could put it together by Friday.
19 MR. FLAXMAN: I would hope to do it by Friday, but
20 your Honor said about you're wiped out with your call --
21 THE COURT: But I need the weekend to work on this.
22 MR. FLAXMAN: I know.
23 THE COURT: That is the problem.
24 So, could we --
25 MS. PAPUSHKEWYCH: Your Honor, could I suggest --
1216
1 THE COURT: Could we set the deadline for, say, 4:30
2 on Friday and we would have the closing arguments in the
3 morning?
4 MR. FLAXMAN: That's --
5 MS. GLINK: Fine with us, your Honor.
6 MR. FLAXMAN: That's fine. I -- there are limits to
7 what can humanly be done.
8 THE COURT: I know.
9 MS. PAPUSHKEWYCH: Your Honor, can I propose that
10 perhaps we can get proposed findings of fact and conclusions of
11 law to you by Friday and have closing arguments by sometime
12 next week? What's important is to get everything into the
13 record.
14 THE COURT: Would you prefer having closing -- well, I
15 do not --
16 MR. FLAXMAN: I could do closing arguments easier than
17 I can written findings with record citations. I can do closing
18 arguments now, but the proposed findings and conclusions will
19 be much more involved than arguing, and I know that it would be
20 very useful to your Honor to have it over the weekend.
21 MS. GLINK: We do have full afternoons tomorrow and --
22 today and on Thursday to do -- to sort of catch up with our
23 findings of fact.
24 THE COURT: Right.
25 MS. GLINK: So, there is some time.
1217
1 THE COURT: Why do we not shoot, then, to conclude the
2 testimony tomorrow, and then we will deal for the balance of
3 that morning -- if you have not reached an agreement on
4 stipulations, we will have to rule on whatever remains.
5 And, then, Friday we have closing arguments in the
6 morning and ask for the findings and conclusions.
7 Again, this is a preliminary injunction hearing. This
8 is not the finale as such. And as part of the closing
9 arguments, I have not permitted you to make your argument with
10 respect to the motion at the close of his case in chief.
11 MS. PAPUSHKEWYCH: Well, I don't think he has closed
12 his case yet. That's my problem. I keep waiting, your Honor,
13 but you know, what --
14 THE COURT: His case in chief was closed, except with
15 respect to the exhibits.
16 MS. PAPUSHKEWYCH: Right.
17 So, basically, we've never been able to interpose
18 that. And at this point in time --
19 THE COURT: So, perhaps what we should do is, on
20 Friday, because there will be time, is to hear that motion
21 first.
22 MS. PAPUSHKEWYCH: Fine.
23 THE COURT: And, then, we will go into the closing
24 arguments.
25 MS. PAPUSHKEWYCH: Fine.
Klein - direct
1218
1 THE COURT: And I normally do not set limits, but it
2 would seem to me that for closing arguments, would an hour be
3 sufficient --
4 MR. FLAXMAN: Yes.
5 THE COURT: -- on each side?
6 MS. PAPUSHKEWYCH: Fine.
7 THE COURT: And, then, something less than a half hour
8 for the reply?
9 MR. FLAXMAN: Yes.
10 THE COURT: All right.
11 It seems to me, then, we could fit all that in.
12 All right. With that, let us re-call --
13 MS. PAPUSHKEWYCH: Lieutenant Klein.
14 THE COURT: -- Lieutenant Klein to the stand for
15 cross-examination, then.
16 JOHN KLEIN, DEFENDANT'S WITNESS, PREVIOUSLY SWORN
17 THE COURT: And, sir, you remain under oath.
18 THE WITNESS: Yes, your Honor.
19 THE COURT: We did not finish the direct?
20 MS. PAPUSHKEWYCH: No, we did not, your Honor.
21 THE COURT: Okay.
22 DIRECT EXAMINATION (Resumed)
23 BY MS. PAPUSHKEWYCH:
24 Q. I'm going to show you what's been marked as Exhibit 14,
25 again. And can you turn just to Question 114, please?
Klein - direct
1219
1 THE COURT: Okay.
2 This is a continuation of the direct or redirect? I
3 forget.
4 MS. PAPUSHKEWYCH: This is the direct.
5 MS. PAPUSHKEWYCH: No -- this is my direct in my
6 case. He was called adversely by Mr. Flaxman, and then I
7 redirected him -- I crossed him, and then this is our case.
8 So, this is his direct.
9 MS. GLINK: We didn't finish yesterday, your Honor.
10 THE COURT: Right, but you have called him in your
11 case in chief.
12 MS. PAPUSHKEWYCH: No, this is part of my case in
13 chief.
14 THE COURT: Yes, and you are on direct still?
15 MS. PAPUSHKEWYCH: Yes, yes.
16 Sometimes I forget where we are.
17 THE COURT: I just want to make sure we are on the
18 same page with everybody else here.
19 MS. PAPUSHKEWYCH: I understand.
20 THE COURT: All right.
21 And 114?
22 MS. PAPUSHKEWYCH: We're at Question 114.
23 BY THE WITNESS:
24 A. I've read the question.
25 BY MS. PAPUSHKEWYCH:
Klein - direct
1220
1 Q. Who is seeking approval to charge this offense?
2 A. The arresting officer.
3 Q. Okay.
4 And is the information being sought in this question
5 the type of knowledge a sergeant needs to know?
6 A. Yes.
7 Q. Why is that?
8 A. It relates to a determination of what the appropriate
9 offense is, based upon certain conduct. And a sergeant needs
10 to know that to be able to not only review case reports and
11 arrest reports, but to be able to provide advice and guidance
12 to his subordinates.
13 Q. Are any of the alternatives misdemeanors?
14 A. Yes.
15 Q. And what alternative is a misdemeanor?
16 A. Item B is a misdemeanor.
17 Q. Does the answer to this question depend on who within the
18 police department is seeking approval of the charge?
19 A. No.
20 Q. Does the answer to this question depend on whether it is a
21 police officer or sergeant who is being asked this question?
22 A. No.
23 Q. Does the answer to this question depend on whether you're a
24 field or desk sergeant?
25 A. No.
Klein - direct
1221
1 Q. Could you turn to Question 129?
2 (Brief pause.)
3 BY THE WITNESS:
4 A. I reviewed the question.
5 BY MS. PAPUSHKEWYCH:
6 Q. Is the type of search described in this question something
7 a sergeant must know about?
8 A. Yes. Our policy and procedures regarding this type of a
9 search are the direct results of some litigation filed against
10 the City of Chicago and the police department many years ago.
11 And as a consequence of that litigation and in settlement of
12 that litigation, we were required to enact some very specific
13 procedures governing the circumstances and the protocol under
14 which this type of search could occur, and the question is
15 drawn from that directive.
16 Q. What is the correct answer in this case?
17 A. The correct answer is Item D.
18 Q. Why isn't C the correct answer?
19 A. C is not the correct answer because the police commander is
20 the wrong individual from whom permission would eventually be
21 obtained.
22 Q. And who is the correct individual from whom permission
23 would be obtained?
24 A. The watch commander.
25 Q. And, in C, isn't it true that before you do C, you would
Klein - direct
1222
1 have to do something else?
2 A. You would have to do the answer, which is Item D.
3 Q. Why is that?
4 A. Because one of the prerequisites to seeking permission,
5 seeking written authorization to conduct this type of a search,
6 is that you have some reasonable, articulable basis to believe
7 that a weapon or contraband may be concealed in such a
8 location.
9 Q. So, before you obtain permission, you have to first
10 determine that you have the right to do the search?
11 A. That you have some articulable basis for requesting it,
12 yes.
13 Q. Does the information contained in this question, is that
14 the type of knowledge a sergeant needs to know?
15 A. Certainly.
16 Q. Why is that?
17 A. It does not occur with a great degree of frequency,
18 although it happens periodically. But the importance, the
19 significance of not complying with the directive has great
20 consequences.
21 Q. Does the answer to this question depend on who within the
22 Chicago Police Department is doing the search?
23 A. No, it does not.
24 Q. Could you turn to Question 132, please?
25 (Brief pause.)
Klein - direct
1223
1 BY THE WITNESS:
2 A. I've read the question.
3 BY MS. PAPUSHKEWYCH:
4 Q. What type of information is being elicited by the question?
5 A. Again, this question sets forth a fact scenario which may
6 or may not constitute an offense, and the question seeks for
7 the person taking the test to determine what type of charge
8 should be sought or what type of offense was the result of the
9 conduct that's in the stem question.
10 Q. And is that the type of information a sergeant needs to
11 know?
12 A. A sergeant and a police officer need to know -- need to be
13 able to conduct a preliminary investigation, ascertain basic
14 facts about what has occurred in relation to an incident and
15 make a determination whether those facts and circumstances
16 count -- constitute sufficient elements to warrant the charging
17 of an offense in the State of Illinois.
18 Q. Does the answer to this question depend on who within the
19 police department is seeking approval of the charge?
20 A. No.
21 Q. Does the answer to this question depend on whether it's a
22 police officer or sergeant who is being asked this question?
23 A. No.
24 Q. Turn to Page 1 -- I mean, Question 133.
25 (Brief pause.)
Klein - direct
1224
1 BY THE WITNESS:
2 A. I've read the question.
3 BY MS. PAPUSHKEWYCH:
4 Q. Is this the type of circumstance where, in your opinion, it
5 is practical to just go and look up the answer?
6 A. No, because this involves a disgruntled businessperson, who
7 -- I think you can infer that he's concerned about the ability
8 of his patrons to park at his restaurant, so he can continue to
9 enjoy business. This is something that he would expect and
10 reasonably expect some prompt resolution to because it's not a
11 very complicated matter. And I think it would be inappropriate
12 if both the police officer and a sergeant were unable to render
13 that service and they had to go seek some guidance from some
14 other place. I don't think that that would be an appropriate
15 service to that business owner.
16 Q. So, is the information contained in this question the type
17 of knowledge a sergeant needs to know?
18 A. Yes, it is.
19 Q. Does the answer to this question depend on who within the
20 Chicago Police Department --
21 MS. PAPUSHKEWYCH: Strike that.
22 BY MS. PAPUSHKEWYCH:
23 Q. Does the answer to this question depend on whether it's a
24 police officer or sergeant being asked this question?
25 A. No.
Klein - direct
1225
1 Q. And Question 138, please.
2 (Brief pause.)
3 BY THE WITNESS:
4 A. I've read the question.
5 BY MS. PAPUSHKEWYCH:
6 Q. Is this information --
7 MS. PAPUSHKEWYCH: Strike that.
8 BY MS. PAPUSHKEWYCH:
9 Q. What information is being sought by this question?
10 A. Let's see. A sergeant is receiving a complaint from an
11 individual about a vehicle being towed, and the sergeant is
12 asked to determine what the appropriate response to that
13 citizen's inquiry should be from the choices given.
14 Q. And what is the correct answer?
15 A. The correct answer is Item B.
16 Q. Why is A not the correct answer?
17 A. Well, we don't have enough information from the fact
18 pattern to know if it was authorized or unauthorized.
19 Q. And is the information contained in this question the type
20 of knowledge a sergeant needs to know?
21 A. Illegally parked and abandoned vehicles are a considerable
22 problem throughout the City of Chicago. This occurs with a
23 considerable frequency every day.
24 Q. That's the end of my questions as to this specific exhibit.
25 To the best of your knowledge, in your role in
Klein - direct
1226
1 reviewing these items, did the source list of materials
2 provided to candidates taking the 1993 sergeant examination
3 contain all the information an applicant would need to properly
4 answer these questions on the written job knowledge
5 examination?
6 A. Yes, it did.
7 Q. Lieutenant Klein, if a sergeant was called to the scene of
8 a crime and the officer tells the sergeant that he does not
9 know whether the suspect had committed a misdemeanor or felony,
10 would you instruct the officer to bring everyone to the
11 station, including the witnesses on the scene and the offender
12 in handcuffs, so that the officer can look up the proper charge
13 in the 720 Illinois Compiled Statutes book?
14 A. I certainly don't believe that that's what the sergeant
15 should do. I don't think that that's appropriate. If we had
16 sergeants doing that, we wouldn't need sergeants, frankly.
17 We expect our field personnel to be able to adjudicate
18 matters at the scene in most circumstances. There will
19 certainly be times when there will be complicating factors or
20 other reasons why things have to be handled in a different
21 fashion, but, in the normal course of business, we expect the
22 people to have the requisite knowledge and skills to be able to
23 deal with those situations at the scene where they're there.
24 That's necessary because we don't want to be taking
25 people into custody improperly. We don't want to unnecessarily
Klein - direct/cross
1227
1 disadvantage private citizens by disrupting their lives if we
2 don't have to. We want to make sure that we can dispense with
3 the incident, solve the problem, whatever it is, as quickly and
4 efficiently as possible without disadvantaging the citizens,
5 without disadvantaging our officers, so that they remain
6 available for police service.
7 As I say, in most cases, we expect that to be handled
8 at the scene by the responding units.
9 Q. Thank you, very much. I have no further questions of you.
10 THE COURT: All right.
11 Cross-examination.
12 MR. FLAXMAN: Thank you, Judge.
13 I have promised to let Lieutenant Klein go by noon.
14 And, so, if I'm getting close to that time, I would ask that
15 anybody who is aware of the time, tell me. I don't think I'll
16 do that, but I have promised I would.
17 CROSS-EXAMINATION
18 BY MR. FLAXMAN:
19 Q. Lieutenant Klein, you talked about that a sergeant is in
20 constant radio communication; is that right?
21 A. That's correct.
22 Q. And the radio is the officer's or the sergeant's life line;
23 is that correct?
24 A. That's correct.
25 Q. Now, when you're in radio communication, you're not
Klein - cross
1228
1 answering multiple-choice questions on a test, are you?
2 A. No, you're not.
3 Q. You're listening to words that are spoken to you over your
4 radio; is that right?
5 A. Well, you're doing multiple things. You're driving your
6 vehicle in traffic. You may be completing reports when you get
7 called. You may be in the middle of an incident on the street
8 when you get called. You're dispensing -- you're doing your
9 daily activities, whatever they may be, in terms of providing
10 police service or supervision. At the same time, you're
11 listening to your radio and responding to calls.
12 Q. So, is it correct that the ability to understand what you
13 hear over the radio is of crucial importance for a sergeant?
14 A. It's important.
15 Q. Is it of crucial importance?
16 A. I don't know what you mean by "crucial."
17 Q. Well, is it more important than knowing how long a car can
18 be parked at a meter before it's towed?
19 A. It's going to be difficult for me to make those kind of
20 value judgments, counsel, you know, any more than it would be
21 for me to ask you whether it's more important for you to do a
22 closing argument as opposed to an opening statement.
23 It's difficult because everything that they do is
24 important, and I think it's a subjective determination as to
25 how people view some things as being important or more
Klein - cross
1229
1 important.
2 The radio is certainly important. That's how they
3 communicate with and how they have their life line to the
4 communications section, how they listen to what their people
5 are doing, but they also -- it's as important -- it's just one
6 aspect of what they do every day.
7 Q. Is another aspect of what sergeants do every day writing
8 reports?
9 A. It can be.
10 Q. Is it?
11 A. Sometimes they write reports every day, sometimes they
12 don't write reports.
13 Q. Is the sergeant's ability to write clearly and concisely
14 something that's important for a sergeant to be able to do?
15 A. Yes, it is.
16 Q. Now, is it -- well, you talked about classifying offenses
17 on case reports, I think; is that right?
18 A. Yes, sir.
19 Q. And are statistics kept about how often particular offenses
20 occur?
21 A. Yes, they are.
22 Q. Are statistics kept about how often sergeants are involved
23 in particular types of incidents?
24 A. Not to my knowledge.
25 Q. Are statistics kept about how important -- how critical
Klein - cross
1230
1 performing certain duties are to the job of a sergeant?
2 A. I wouldn't know how you would do that.
3 Q. Okay.
4 Are there any measures of performance of a Chicago
5 police officer?
6 A. We have a performance rating system, which is, I suppose,
7 in a very general sense a measure.
8 Q. Well, is there any system which keeps track of -- well, can
9 police officers get commendations?
10 A. Yes, they can.
11 Q. What's a commendation?
12 A. A commendation is an award for exemplary service.
13 Q. And are any records kept of how many commendations a police
14 officer receives?
15 A. Yes.
16 Q. Are there other kinds of honorable mentions that a police
17 officer can receive?
18 A. There are a number of different types of awards officers
19 and sergeants and anyone on the police department can receive.
20 Q. Is an honorable mention a type of award?
21 A. Yes, it is.
22 Q. And what's an honorable mention?
23 A. It's basically what you say. It's a recognition by the
24 supervision command staff, the chain of command -- chain of
25 command being a police officer, then a sergeant is next in the
Klein - cross
1231
1 chain, then the lieutenant is the next one up, then the watch
2 commander, then the district commander. That's the
3 paramilitary structure under which we operate.
4 It's a recognition, generally, from the district
5 commander that the officer has performed some exemplary act.
6 Q. Now, in addition to commendations and honorable mentions,
7 are there other formal recognitions that a police officer has
8 done a good job?
9 A. Yes.
10 Q. What -- could you briefly tell us what they are?
11 A. There are several. Some involve acts of extreme heroism or
12 bravery. Some involve -- or one involves where officers are
13 injured grievously in the line of duty in the performance of
14 duty. There's an administrative award for an exemplary act or
15 series of acts which results in a significant savings to the
16 police department, and then the commendations and the honorable
17 mentions that you identified.
18 Q. Okay.
19 And there are also records that are kept in the police
20 department of when a police officer has done something wrong?
21 A. Yes, there are records of that.
22 Q. Are there disciplinary records?
23 A. There are records kept of complaints filed against police
24 officers for a certain period of time, yes.
25 Q. Okay.
Klein - cross
1232
1 In addition to complaints, we also heard something
2 about summary punishment. What's a summary punishment?
3 A. Our disciplinary system is divided or bifurcated. We have
4 what's called a complaint register process. If there is an
5 allegation of misconduct against an officer, that that officer
6 has violated the law or our rules and regulations or policies
7 and procedures, there is an investigation that is initiated.
8 If the consequence of the investigation is such that
9 it's not what we call a less serious transgression -- and there
10 are approximately 20 less serious transgressions -- it then
11 becomes a complaint register investigation for which discipline
12 can be meted out from a reprimand up to and including
13 separation from the department.
14 A SPAR form, S-P-A-R, is used in those less serious
15 transgression cases, those 20 or so items, where it's a very
16 minor situation. Such as our rules prohibit reading a
17 newspaper in the vehicle or having a cigarette -- or whatever,
18 pipe -- in your mouth when you're talking with a member of the
19 public.
20 Those types of things we consider to be very minor,
21 very less serious transgressions. Those types of
22 transgressions are handled via an expedited review process
23 called a SPAR form. It's a simple piece of paper which
24 involves a couple checked boxes, a few signatures, a small
25 summary of an investigation, and then that's how that process
Klein - cross
1233
1 works.
2 Q. And are records kept for each police officer of their
3 transgressions?
4 A. I believe the SPAR form records are kept for one year.
5 Q. Now, when you went to Akron, Ohio, did you ever talk with
6 Dr. Barrett?
7 A. Yes.
8 Q. Did you ever talk with him about these measures of
9 performance that we have just been talking about, the
10 commendations, the honorable mentions, the SPAR forms?
11 A. I don't really recall.
12 Q. Do you ever recall looking at a master job description that
13 Dr. Barrett prepared?
14 A. I believe, as I have testified already, counsel, I don't
15 recall ever seeing that.
16 Q. So, you don't recall ever being asked by Dr. Barrett, "Are
17 these the tasks that a Chicago police sergeant does?
18 A. Not in so many words, but I believe, through our review of
19 the questions, we were asked to provide commentary on whether
20 the questions were testing tasks and knowledge that a police
21 officer or sergeant would be required to know.
22 Q. Well, let me ask you to look at what's previously been
23 marked as Plaintiffs' Exhibit 53, and this is Pages -- starting
24 at C-6 of Defendant's Exhibit D.
25 (Document tendered.)
Klein - cross
1234
1 BY MR. FLAXMAN:
2 Q. Have you ever seen the material that's contained in that
3 exhibit, other than in connection with this litigation?
4 MS. GLINK: I would just like to clarify for the
5 record, once again, this is a subpart of Defendant's Exhibit D,
6 which is the technical report prepared by Dr. Barrett. And
7 it's a portion of Appendix C. It's an incomplete portion of
8 that Appendix.
9 THE COURT: Okay.
10 BY MR. FLAXMAN:
11 Q. Actually, Pages C-6 through C-17.
12 A. Prior to this moment, I don't believe I've ever seen this
13 document.
14 Q. Thank you.
15 Now, I think you told us that you're an attorney?
16 A. That's correct.
17 Q. To become an attorney, you passed the bar exam?
18 A. That's correct.
19 Q. When you took the bar exam, was there a multiple-choice
20 test on that?
21 A. A very pleasant multiple-choice test, yes.
22 Q. And did you do any --
23 THE COURT: There was a rueful smile, let the record
24 reflect, when he made that answer.
25 (Laughter.)
Klein - cross
1235
1 THE COURT: All right. You may proceed.
2 BY MR. FLAXMAN:
3 Q. Now, before you took the bar exam, did you study for the
4 bar exam?
5 A. Yes, I did.
6 Q. Did you take one of the formal bar review courses?
7 A. Yes, I did.
8 Q. In that bar review course, was there any instruction on
9 strategies for answering multiple-choice questions?
10 A. Yes, there was.
11 Q. And you were able to successfully complete the
12 multiple-choice part of the bar exam?
13 A. Yes.
14 Q. And you've been, in addition to being a police lieutenant,
15 you've actually been practicing law; is that right?
16 A. That's correct.
17 Q. Have you ever had to answer multiple-choice questions in
18 your work as a lawyer?
19 A. No, I have not.
20 Q. Okay.
21 Does a Chicago police sergeant have to answer
22 multiple-choice questions in the course of his or her work?
23 A. Well, in the same respect that an attorney has to decide
24 among multiple alternatives when reaching a decision, I think
25 that that's the same case for a sergeant.
Klein - cross
1236
1 Q. Well, let's look at Question 72. Do you still have that
2 exhibit in front of you, Exhibit 14?
3 A. Yes, sir.
4 72?
5 Q. Right.
6 (Brief pause.)
7 BY THE WITNESS:
8 A. I've looked at the question.
9 BY MR. FLAXMAN:
10 Q. Okay.
11 Now, I think you told us yesterday that you deduced
12 the correct answer by concluding that four choices were
13 incorrect; is that right?
14 A. Well, I believe what I said was that the other four
15 choices, other than the correct answer, were incorrect. I
16 don't believe that I said that I deduced it by the process of
17 elimination.
18 Q. Well, is the work that a Chicago police sergeant confronts
19 on a daily basis similar to being confronted with the situation
20 and having to choose between one of five choices?
21 A. In my view, the work of a Chicago police sergeant involves
22 a variety of options. There are -- because we're dealing with
23 human conduct and because we, in many cases, have some
24 discretion vested in us, we have options that are available to
25 us.
Klein - cross
1237
1 Q. Well, when you have those options as a Chicago police
2 sergeant in the field, can you ever choose the correct option
3 by rejecting the incorrect options, or do you have to know
4 what's the right thing to do?
5 A. The process, for example, one of the questions discusses an
6 ordinance complaint form. Your option in that type of a
7 circumstance is to arrest someone. You also have the option of
8 using an ordinance complaint form. Your other option is to try
9 and use some dispute reconciliation or mediation techniques to
10 let the parties go away happy and satisfied. So, in that
11 sense, yes, there are always options in circumstances.
12 Q. And you have to know what the right thing to do is, right?
13 A. You have to be a leader, you have to be a manager, you have
14 to have those types of skills, and you have to have some base
15 of knowledge regarding our policies, practices and procedures;
16 yes.
17 Q. Now, at one time, was there -- or is there still a position
18 -- career service position above lieutenant?
19 A. Yes, there is.
20 Q. The position of captain?
21 A. That's correct.
22 Q. And is that position being phased out?
23 A. Yes, it is.
24 Q. And is it being phased out because somebody concluded that
25 captains do the same work as lieutenants?
Klein - cross
1238
1 A. No, that's not the reason. It's a very complicated --
2 complicated is probably an understatement to describe the
3 reason why the position is being phased out, but that is not
4 the reason, to my knowledge.
5 Q. Let me move away from captains.
6 Are there any statistics in the police department
7 about the number of in-progress re-calls to which sergeants
8 actually respond?
9 A. Not to my knowledge.
10 Q. Okay.
11 And, so, as you sit here now, you don't know whether
12 --
13 MR. FLAXMAN: Well, strike that.
14 BY MR. FLAXMAN:
15 Q. You told us on direct examination that a sergeant should
16 respond to every in-progress call?
17 A. I believe what I said is that our policies and procedures,
18 our general orders, require sergeants to respond to as many
19 in-progress calls as possible during their tour of duty.
20 Q. And as you sit here now, do you know whether that happens a
21 hundred percent of the time?
22 A. I don't know what you mean by "a hundred percent of the
23 time."
24 Q. Well, in every in-progress call, is there a sergeant who
25 responds --
Klein - cross
1239
1 A. No.
2 Q. -- to the scene?
3 Does it happen one out of every ten in-progress calls?
4 A. I couldn't say because it would depend upon the time of
5 day, the time of year, the district in which they are working
6 and the busyness of the district, what other calls are coming
7 in, and what other obligations the sergeant was involved in.
8 Q. Well, if you look at an entire month throughout the entire
9 city for every minute and every day in that month, do you know
10 what percent of the in-progress calls get a sergeant
11 responding?
12 A. Do I know? No, we don't keep statistics on that.
13 Q. So, as you sit here now, you don't know whether it's one
14 out of a hundred or one out of a thousand or --
15 MS. PAPUSHKEWYCH: Your Honor, this is argument. He's
16 answered the question three times. I'll object.
17 THE COURT: Yes, I will sustain the objection.
18 BY MR. FLAXMAN:
19 Q. Now, yesterday you brought those three loose-leaf books
20 with the general orders, the special orders and the --
21 A. Department notices.
22 Q. Department notices.
23 Are copies of those -- of general orders kept behind
24 the desk in every police district?
25 A. No.
Klein - cross
1240
1 Q. Are copies of general orders kept in the watch commander's
2 office in each police district?
3 A. I can't say what the practice is. We do not have a rule
4 that requires that to be the case. Some watch commanders may
5 have them in their offices, some may not.
6 Q. Well, have you ever been behind the desk in a police
7 district?
8 A. Many times.
9 Q. Have you ever looked to see whether there was a copy of the
10 general orders there?
11 A. Yes.
12 Q. Have you ever not seen a copy of the general orders?
13 A. More times than not.
14 Q. Do police officers have access to the Illinois Criminal
15 Code?
16 A. They have access in the same way that anyone has access to
17 the Illinois Criminal Code.
18 Q. Well, how do police officers have access to the Illinois
19 Criminal Code?
20 A. When they are trained in the academy, we provide them with
21 copies of it because they require it as part of their
22 training. So, they -- early on in their career, they are
23 provided with a copy.
24 They have the ability over time to update those
25 through update services. We don't require that they do that.
Klein - cross
1241
1 Q. So, every police officer is given a copy of the criminal
2 code when they -- by the time they've graduated from --
3 A. From basic training, that's correct.
4 Q. You talked about roll-call. Does roll-call happen on each
5 shift?
6 A. Roll-call is something that is supposed to occur on each
7 shift on each watch in district patrol, that's correct.
8 Q. And you told us that a lieutenant conducts roll-call?
9 A. I believe I said that the watch commander would conduct
10 roll-call, whether that be a captain or a lieutenant. In some
11 places, it may, on occasion, even be sergeants.
12 Q. And, so, there are 25 districts; is that right?
13 A. That's correct.
14 Q. And there are three shifts each day?
15 A. Yes.
16 Q. So, if there's one roll-call on each shift in each
17 district, there should be 75 roll-calls a day?
18 A. That's not correct. There are a minimum of, I believe,
19 it's three now, three roll-calls. There is an early roll-call,
20 a late roll-call, and there is a rapid response roll-call.
21 Q. So, it's 600 --
22 A. 73 times 3 times 3.
23 Q. 75.
24 A. I'm sorry, 75 times 3 times 3.
25 Q. Which is -- let's say that's --
Klein - cross
1242
1 THE COURT: I did not quite understand that last
2 answer.
3 THE WITNESS: Okay.
4 What we have, your Honor, is, for example, in a
5 district, we have a series of cars that work that are called
6 early cars. They start at 7:00 o'clock in the morning. Then
7 we have the other half of that particular shift starting at
8 8:00 o'clock. So, it is done to maintain continuity of
9 service, so all our cars are not off the street at any one
10 given time when we're changing shifts.
11 Then, let's say, 11:00 o'clock -- 10:00 or 11:00
12 o'clock, there will be another roll-call, which will be what we
13 call rapid response cars. They are there for the purpose of
14 bridging the shift changes, so that there are always cars
15 available to provide police service. And that occurs on all
16 three shifts, but at different times, obviously.
17 BY MR. FLAXMAN:
18 Q. So, on each shift, there are three roll-calls?
19 A. Yes.
20 Q. And, so, does that mean that there are about 675 roll-calls
21 a day in the 25 districts?
22 A. Whatever that number would be.
23 Q. Well, okay.
24 THE COURT: 75 times 3; is that where we are?
25 MR. FLAXMAN: It's 75 times 3 is 225.
Klein - cross
1243
1 THE COURT: Right.
2 MS. PAPUSHKEWYCH: Times 3.
3 MR. FLAXMAN: Times 3.
4 MS. PAPUSHKEWYCH: I think Mr. Flaxman is correct in
5 that multiplication.
6 BY MR. FLAXMAN:
7 Q. Of those --
8 MR. FLAXMAN: Well, I will accept that as a
9 stipulation.
10 (Laughter.)
11 MR. FLAXMAN: If not --
12 THE COURT: Maybe a commendation.
13 BY MR. FLAXMAN:
14 Q. Of those 675 roll-calls, do you know how many are, on the
15 average performed, conducted by a sergeant?
16 A. No, I have no idea.
17 Q. Do you know whether it's more than ten?
18 A. I have no idea.
19 Q. So, as you sit here now, is it correct that you have no
20 idea how important the ability to conduct roll-call is to the
21 job of a field sergeant?
22 A. I think it's very important because it changes from day to
23 day from shift to shift. If for some reason the captain or --
24 and/or the lieutenant is unavailable -- and that happens with a
25 great degree of frequency -- someone has to be able to step in
Klein - cross
1244
1 and conduct roll-call. So, it's necessary that they know how
2 to do that.
3 Q. But you don't know how often -- how critical it is to the
4 work that a field sergeant does every day, do you?
5 A. It's critical that the police officers receive their
6 assignments and get instruction and are provided training at
7 roll-call.
8 Q. The question is: How critical is it to the job of a field
9 sergeant?
10 A. It's very important that they know how to do that.
11 Q. And you don't know how often field sergeants do it, do you?
12 A. On a daily basis, no, I do not.
13 Q. Thank you.
14 Now, let me show you what's previously been referred
15 to as Defendant's Exhibit K-1.
16 (Document tendered.)
17 MR. FLAXMAN: And I don't know if your Honor -- I
18 think your Honor does have copies of these.
19 THE COURT: All right. If I have got it, it is here.
20 (Brief pause.)
21 THE COURT: Go ahead. I will be able to follow.
22 BY MR. FLAXMAN:
23 Q. Exhibit K-1 is a copy -- or the first page of it is the
24 copy of General Order 83-12; is that right?
25 A. That's correct.
Klein - cross
1245
1 Q. Are you familiar with General Order 83-12?
2 A. Somewhat.
3 Q. Well, is it something that's important to your work as a
4 police lieutenant?
5 A. Not at this point in time in my present assignment.
6 Q. Okay.
7 What does General Order 83-12 refer to? What's the
8 subject?
9 A. The subject is vehicle towing operations.
10 Q. Now, on the first page of that general order, there's a
11 definition of something called the confidential number check;
12 is that right?
13 A. That's correct.
14 Q. And that, in fact, is the correct answer to Question 6 on
15 the test; is that right?
16 A. To the best of my recollection, yes.
17 Q. Well, feel free to refer to Question 6 in Plaintiffs'
18 Exhibit 14.
19 A. That's correct.
20 Q. Now, could you take a moment and look at General Order
21 83-12, Defendant's Exhibit K-1, and show us where else in that
22 order, aside from the first page, "Definitions," has a
23 reference to a confidential number check?
24 (Brief pause.)
25 MR. FLAXMAN: And, Judge, if defense counsel could
Klein - cross
1246
1 find it, I would accept that direction. I couldn't find it.
2 THE COURT: You could not find it?
3 MR. FLAXMAN: No, but I might not be able to locate
4 it.
5 (Brief pause.)
6 BY THE WITNESS:
7 A. There's an indirect reference to it in -- let me see -- not
8 by name, but there is an indirect reference to it.
9 BY MR. FLAXMAN:
10 Q. Could you tell us where that is?
11 A. Sure, it's in -- it's in IV-G, when they talk about the
12 vehicle being held for investigation or being seized under
13 Article 36 of Article 15.05.
14 Q. What page is that?
15 A. That's on Page 4.
16 It does not list confidential number check by name,
17 but what that implies or what that means to me and to,
18 hopefully, other members of the Chicago Police Department is
19 that is an investigation of that vehicle. So, when you refer
20 to its being held for investigation, that is what is occurring.
21 Q. Is that IV-G, as in golf?
22 A. It's difficult to figure out which one it is. I can show
23 you where it's at.
24 Q. Why don't you point it out to me?
25 A. That would be the easiest thing. It's right there
Klein - cross
1247
1 (indicating), "being held for investigation," on Page 4 there.
2 Q. So, what you've pointed out to me is the sentence which
3 reads, "A request for an immediate tow will be cancelled if the
4 arrestee is released on bail, unless the vehicle is being held
5 for investigation or is being seized under Article 36 or
6 Article 15.05"; is that right?
7 A. That's correct.
8 Q. And that's the portion of the general order that, in your
9 view, provides the basis for a field sergeant to request a
10 confidential number check on a particular vehicle?
11 A. By definition, it tells you that a confidential number
12 check accomplishes a certain purpose, and then later in the
13 order it tells you that, if you're going to cancel a tow, you
14 do not do so if it's being held for investigation pursuant to
15 the confidential number check.
16 Q. Is there anything else in this order and the addendum to it
17 that's part of Defendant's K-1 that relates to when a field
18 sergeant should request a confidential number check?
19 A. No, because it's not the specific responsibility of a field
20 sergeant. It's the responsibility of any member on the police
21 department who becomes involved in that type of an
22 investigation.
23 Q. Okay.
24 Let me have that back, please.
25 (Document tendered.)
Klein - cross
1248
1 BY MR. FLAXMAN:
2 Q. Now, can you look at Question 15 in Exhibit 14, please?
3 A. Question 15?
4 Q. Right.
5 A. I am looking at the question.
6 Q. Now, you told us that this requires a careful -- that to
7 get the correct answer to this, you have to -- requires a
8 careful reading of the question; do you remember that
9 testimony?
10 A. Well, it requires, in addition to a careful reading of the
11 question, this is one of those questions where you could also,
12 by process of elimination, know what the most correct answer
13 is.
14 Q. Now, is this one of the questions that you reviewed when
15 you were in Akron, Ohio?
16 A. I don't recall.
17 Q. Well, when you -- before testifying here today, did you
18 have a chance to look over all of the questions on the written
19 test?
20 A. No, I did not.
21 Q. Did you look over some of the questions?
22 A. Yes.
23 Q. Were there any questions that you reviewed before
24 testifying here today that you hadn't seen when you were in
25 Akron, Ohio?
Klein - cross
1249
1 A. I stand corrected. I believe I did look at most, if not
2 all, of the questions. They were in separate packs. That's
3 what confused me momentarily. I didn't look at a list that had
4 150 questions in it, but I believe I looked at different
5 categories of questions that may have comprised the entire
6 test.
7 Q. And when you looked at the questions that may have
8 comprised the test, did you see any questions you hadn't seen
9 in Akron, Ohio?
10 A. I don't recall.
11 Q. Well, when you were in Ohio reviewing questions, were you
12 seeking to be sure that the question tracked the actual
13 language that was used in the Chicago Police Department
14 operations?
15 A. We were very careful. We had the directives present in the
16 room with us -- I shouldn't say "we." I had the directives
17 present in the room with us, and I was very careful in ensuring
18 that we used the appropriate language taken directly from our
19 directives, the ordinance and statutes, yes.
20 Q. Well, as you sit here now, is it your view that Question 15
21 tracks the appropriate language of the relevant general order
22 of the City of Chicago?
23 A. I believe that the answer is contained in that directive,
24 yes.
25 Q. Well, does the -- excuse me.
Klein - cross
1250
1 Does the stem of the question track the language of
2 that directive?
3 A. If you're asking me whether the facts set forth in the stem
4 of the question directly parallel language in our directive,
5 no, it does not.
6 Q. As a matter of fact, the directive says that it's the
7 responsibility of the officer designated to obtain and deliver
8 a minimis to the Department of Corrections; isn't that right?
9 A. I don't recall what the exact language is.
10 Q. Let me show you what's been previously marked as
11 Defendant's Exhibit K-3. Is this a copy of General Order 91-3?
12 A. Yes, it is.
13 Q. And this is a general order that deals with hospitalized
14 arrestees?
15 A. Yes, it does.
16 Q. And the answer to Question 15, Choice B, is the
17 responsibility of the officer designated; is that right?
18 That's in Subsection Roman II, capital D?
19 A. It says, "When an arrestee is hospitalized not let to bail
20 and guard detail has been authorized, the designated officer
21 will," and one of the choices is, "Obtain and deliver the
22 minimis."
23 Q. Yes, and the general order does not say, "The officer
24 assigned to guard a hospitalized adult arrestee," does it?
25 A. No, it does not; however, counsel, none of the other
Klein - cross
1251
1 answers are correct.
2 Q. So, is this another one of those questions that you deduced
3 the correct answer by knowing which four are incorrect?
4 A. No, this is another question where you pick the most
5 correct answer -- the only correct answer.
6 Q. Okay.
7 And that's true even though the stem of the question
8 does not track the general order?
9 A. It does not track it 100 percent, but it is -- enough is
10 there, so that one could get that information from it, yes.
11 Q. And is this something that -- General Order 91-3 --
12 something that's taught to all recruits in recruit training?
13 A. I'm not a hundred percent certain of that, no.
14 Q. And it's something that's important for a sergeant to know;
15 is that right?
16 A. It's something that's important for a sergeant to know
17 because most sergeants serve as desk sergeants during the
18 course of their career, and this is something that happens with
19 frequency to a desk sergeant.
20 Q. Did you ever learn that 75 percent of the people who took
21 the sergeant's promotional test chose question -- Choice A as
22 the answer to Question 15?
23 MS. PAPUSHKEWYCH: I'll object to the relevancy of the
24 question. The right or wrong answer is not indicative of the
25 issues in this case.
Klein - cross
1252
1 THE COURT: Well, this is cross-examination. I will
2 overrule the objection and permit him to answer.
3 BY THE WITNESS:
4 A. Could you repeat the question, please?
5 THE COURT: There is no time period when you are
6 asking.
7 MR. FLAXMAN: Well, no, my question is --
8 THE COURT: Are you asking him now or --
9 MR. FLAXMAN: Well, I'll ask him. I'll do that in my
10 next question.
11 BY MR. FLAXMAN:
12 Q. Did you ever learn that 75 percent -- nearly 75 percent of
13 the sergeants who took the 1993 sergeant's promotional test
14 selected Choice A as an answer to Question 15?
15 A. When I, in preparation for my testimony, reviewed these
16 questions, I observed that a large number of people had
17 answered Item A as the correct answer, but Item A is clearly
18 the incorrect answer.
19 Q. And other than in preparation for this litigation, were you
20 ever informed about any of the results of this test -- excuse
21 me. Let me make that more clear.
22 Other than in preparation for this litigation, did you
23 ever learn that some people that -- well, that 70 -- more than
24 70 percent of the people got Question 15 wrong?
25 A. No.
Klein - cross
1253
1 Q. Now that you know that 75 -- nearly 75 percent of the
2 people who took the sergeant's test got Question 15 wrong, do
3 you know whether or not you would recommend that there be any
4 remedial training in this area?
5 A. That's a difficult question to answer. I sometimes don't
6 know how effective remedial training is. I don't know --
7 people are imperfect. If you learn that they have performance
8 deficiencies or knowledge deficiencies and you provide some
9 supplemental training, I don't know that that always has the
10 intended effect.
11 Q. Well, is it important that police officers know the
12 policies of the police department?
13 A. It's very important.
14 Q. And is it important that the police department have a
15 training program to be -- ensure that its police officers know
16 the policies?
17 A. Yes.
18 Q. What does the police department do, if anything, to
19 determine whether or not its police officers are aware of the
20 policies and procedures of the police department?
21 A. We assess what our training and education needs are. Each
22 supervisor, each district commander, each command member is
23 responsible for providing training to their subordinates.
24 If the training their subordinates require is
25 something that the management of this organization believes is
Klein - cross
1254
1 systemic, we would then organize a centralized training program
2 to target the entire population.
3 If we believe there are isolated training needs, we
4 would provide decentralized training to those officers that
5 needed it.
6 If there are isolated deficiencies in knowledge,
7 that's supposed to come to the attention of the sergeant every
8 day from supervising and observing his people and reviewing
9 their reports, and he or she is supposed to take prompt
10 corrective action.
11 Q. Okay.
12 Let me ask you to look at Question 19. It's on
13 Exhibit 14. Let me return this.
14 (Document tendered.)
15 BY MR. FLAXMAN:
16 Q. No, you told us, I think, that knowing the correct answer
17 to Question 19 is important for a field sergeant to know?
18 A. Yes.
19 Q. And Choice C is not the correct answer; is that right?
20 A. That's correct.
21 Q. Do you have an opinion about whether there should be some
22 kind of systemwide training program to teach police officers
23 the correct answer to this question?
24 A. My sense is that there is no need for training. My sense
25 is that every supervisor should understand this, if they had
Klein - cross
1255
1 read the question and the possible answers correctly.
2 This is something that occurs with frequency. I would
3 think that, if you went throughout the City of Chicago, you
4 would not find a supervisor, a supervising sergeant, that was
5 completing a traffic accident report. He would have another
6 police officer complete that accident report. I think that is
7 a common practice and has been so for as long as I've been on
8 the police department.
9 Q. Let me ask you to go to Question 23.
10 Let's put the question aside. What should a field
11 sergeant do when he goes to a tavern and is told by the tavern
12 owner that there's an intoxicated and verbally abusive person
13 in the establishment?
14 A. He should call for an assist car.
15 Q. Okay.
16 And, then, when an assist car arrives, then what
17 should the police do?
18 A. They should enter the premises, see if they could identify
19 the individual or individuals in question, either visually or
20 through talking with whoever summoned the police, and probably
21 segregate that person and make some attempt to adjudicate the
22 matter.
23 Q. Now, what is it -- what's your understanding of what it
24 means to be verbally abusive?
25 A. My understanding of what it means to be verbally abusive?
Klein - cross
1256
1 Well, that can cover a range of conduct. What's abusive to
2 some is not abusive to others. To me, it would seem that
3 someone that was loud or uncooperative.
4 Q. It does not mean somebody who is creating a disturbance?
5 A. I would not know that until I conducted a preliminary
6 investigation, and I don't believe that this question contains
7 any facts that would lead me to that conclusion.
8 Tavern owners have a responsibility to call the police
9 when there are incidents in their premises. If something
10 should occur that they do not summon the police for, they
11 accrue some liability. So, they call the police for many, many
12 things that may be the start of something, but it has not yet
13 approached any criminal conduct.
14 Q. And there's nothing in the stem Question 23 that indicates
15 to you that there is criminal conduct; is that right?
16 A. Based upon my experience responding to those types of
17 circumstances, no.
18 Q. Now, let me ask you to look at Question 132, and read the
19 question, if you can.
20 (Brief pause.)
21 BY THE WITNESS:
22 A. I've read the question.
23 BY MR. FLAXMAN:
24 Q. Okay.
25 Now, does this -- does the description of the incident
Klein - cross
1257
1 involve something called criminal damage to property?
2 A. Once again, counsel, as I mentioned yesterday, the -- in
3 times past, that's what this offense would have been called,
4 but the legislature has seen fit to pass specific legislation
5 which makes damage to property a different, more serious
6 offense under certain circumstances, and this is one of those
7 circumstances.
8 Q. Well, what is there in the language of Question 132 that
9 indicates to you sitting here reading the question that the
10 crime had occurred because of the sexual orientation of the
11 owner -- of particular people?
12 A. It's very clear to me. I don't believe I'm permitted to
13 read the sentence, though.
14 Q. Well, are you assuming that -- are you inferring this
15 sexual orientation because a person told the arresting officer
16 that he saw two people going into a bar known to be frequented
17 by people -- by homosexuals in the language of the question?
18 A. I believe it's very reasonable to infer when he makes a
19 statement to the police that he committed a criminal act
20 because the car owners were in place that was frequented by
21 homosexuals. Whether or not he believed they were homosexuals,
22 his criminal act was targeted against that group.
23 Q. And you would make that inference from the stem of language
24 132; is that right?
25 A. Yes, I would.
Klein - cross
1258
1 Q. And back in the other question about the tavern, the man
2 verbally abusive, you wouldn't make the inference that
3 disorderly conduct had occurred; is that right?
4 A. Entirely different set of circumstances.
5 Q. Let me ask you to look at Question 34.
6 A. 134?
7 Q. No, no, 34.
8 (Brief pause.)
9 BY THE WITNESS:
10 A. I've read the question.
11 BY MR. FLAXMAN:
12 Q. Now, when the police officer finds a lost child on the
13 street and, for whatever reason, doesn't take the child home,
14 shouldn't the officer transport the child to the district
15 station?
16 A. That would be one of the things that the officer would do.
17 Q. Okay.
18 And that's, as a matter of fact, that's Choice C to
19 this answer; isn't that right?
20 A. Let me rephrase my answer. It could be one of the things
21 the officer would do.
22 Our missing persons section is a citywide centralized
23 agency that is responsible for keeping track of missing persons
24 citywide and even in contiguous jurisdictions to some extent.
25 They are there as a clearinghouse. So, if the officers made a
Klein - cross
1259
1 radio communications notification to missing persons that they
2 had such a person, it may be something that could be resolved
3 right there on the street in the car. They may have had some
4 current information that was forwarded to missing persons,
5 which they could then transmit to the officers and resolve the
6 situation contemporaneously without having to go into the
7 station.
8 Q. Well, let me -- is it correct that, under the rules and
9 regulations of the Chicago Police Department, when a beat
10 officer encounters a found person on the street, if the person
11 is not identified, the first thing the beat officer should do
12 is transport the person to the district station?
13 A. I really can't answer that question. I have not done that
14 in many years, and I don't really recall what the order
15 requires.
16 Q. Well, are you -- when you went to Akron, Ohio to review
17 these questions, had you been involved with missing persons in
18 many years?
19 A. No, I had not.
20 Q. When you went to -- well, when was it you went to Akron,
21 Ohio?
22 A. I don't know the specific dates or times. It would have
23 been in 1993.
24 Q. And how much time had elapsed between 1993 and the time
25 that you had worked out in the field?
Klein - cross
1260
1 A. In the field, that would have been 1981 or '82; however, I
2 was involved in the development of policy and the review of
3 directives and procedures from 1981 or '82, through the
4 present, actually. So, I was aware of circumstances and
5 changes in the law and changes in our policies and procedures
6 in a general manner.
7 Q. But, back in 1993, you weren't aware of the actual
8 practices involving lost children; is that correct?
9 A. I was not immediately familiar with them, no.
10 Q. Who else went with you to Akron, Ohio to review questions?
11 A. Chief John Cadogan, and, I believe, Commander Joseph
12 DeLopez, and I also believe it was Deputy Chief William Shaw.
13 Q. That's for the sergeant's test?
14 A. I believe so; and, once again, I was a subject matter
15 expert for three separate exams. So, I'm not sure. I may be
16 incorrect, and I apologize for that, but that's the best of my
17 recollection.
18 Q. Well, is it correct that you were a subject matter expert
19 for Question 34?
20 A. If this was one of the questions presented to me -- and
21 I've heard testimony to that effect -- then, yes.
22 But I would add, though, counsel, that, in our review
23 of the questions, though, I may not have had immediate personal
24 knowledge of each of the several hundred items that I looked
25 at. I did take the time to review our directives in regard to
Klein - cross
1261
1 those questions for each particular item.
2 Q. So, did you review the general order that provides the
3 basis for Question 34?
4 A. I reviewed each general order regarding each question that
5 I read.
6 Q. And when you reviewed the general order for Question 34,
7 did you look at General Order 79-6, which has been marked as
8 Defendant's Exhibit K-9?
9 A. If this was the directive that was in effect at the time of
10 that review, yes, I did.
11 Q. Well, why don't you take a look at it and see if you can
12 tell us whether or not it was a directive that was in effect at
13 the time of that review?
14 A. I could not tell that from looking at this directive. I
15 would have to check the current directives to see if this is a
16 current directive or if it was in effect at that point in time.
17 MR. FLAXMAN: I think the city will be representing
18 that it was in effect at that time.
19 MS. PAPUSHKEWYCH: Yes.
20 MR. FLAXMAN: Okay.
21 BY MR. FLAXMAN:
22 Q. Let me ask you to look at the last -- well, the last page,
23 I think, of General Order 79-6. The top is a heading that
24 says, "Patrol Division." Have you found that?
25 A. I found that.
Klein - cross
1262
1 Q. And under "Patrol Division," No. 2, there's the policy
2 about what a beat officer should do when he encounters or she
3 encounters a found person on the street; do you see that?
4 A. Yes.
5 Q. And if the person is identified, under the directive, the
6 first thing that the beat officer should do is to provide for
7 the return of the subject; is that right?
8 A. That's correct.
9 Q. What if the person is not identified?
10 A. If the person is not identified, the first item under that
11 section is to transport the subject to the district station.
12 Q. And that, in fact, is Choice C on Question 34; is that
13 right?
14 A. That's correct.
15 Q. Now, let me ask you to look at question -- and Choice C on
16 Question 34 was not the one that was graded correct; is that
17 right?
18 A. I don't know what you mean when you say "graded correct."
19 Q. Well, yesterday when you said what the correct answer was,
20 you told us it was A; is that right?
21 A. That's correct.
22 Q. Let me ask you to look at Question 37, and I think you told
23 us yesterday that E is the correct answer; is that right?
24 A. That's correct.
25 Q. When you reviewed the questions in Akron, Ohio, did you
Klein - cross
1263
1 have current field experience of the actual practice involved
2 in this situation?
3 A. Current field practice, no, I did not, but the practice has
4 not changed.
5 Q. Well -- so, your -- is it correct, then, that your
6 knowledge that you used to review Question 37, when you went to
7 Akron, Ohio, was knowledge that you had -- you acquired when
8 you worked in the street in 1981?
9 A. And from subsequent review of policy and procedures during
10 the interim time, yes.
11 Q. Okay.
12 And you told us yesterday that Choice E is correct; is
13 that right?
14 A. That's right.
15 Q. Now, let me ask you to look at what's been marked as
16 Defendant's K-10, which is General Order 91-4.
17 THE COURT: He has to change paper and we are at
18 10:30, so we will take a short break and hold it to ten
19 minutes.
20 (Whereupon, a recess was taken.)
21 THE COURT: Court is back in session.
22 Sorry for the delay, but --
23 MS. PAPUSHKEWYCH: That's okay. Mr. Flaxman, I think,
24 will be right back.
25 (Brief pause.)
Klein - cross
1264
1 THE COURT: We had to work out a crisis. Actually,
2 it's a motion coming up this afternoon involving an old trial
3 where Lime disease suddenly threw everything off the track and
4 delayed it, and then we had a terrible problem getting
5 transcripts. And it is all done now, and I have got to rule on
6 this stuff. So, anyway, we are trying to put everything over,
7 so that we will be able to get to it.
8 All right. You may continue now with
9 cross-examination.
10 BY MR. FLAXMAN:
11 Q. Let me ask you to look at Question 37.
12 A. I've looked at the question.
13 Q. And you told us, I think, that the correct answer is E; is
14 that right?
15 A. That's correct.
16 Q. And you told us, also, that D is not the correct answer?
17 A. That's certainly correct.
18 Q. Now, is your statement that it's certainly not correct
19 based on your experience in dealing with this situation
20 described in Question 37?
21 A. It's based upon my experience, and it's based upon several
22 years of listening to statistics on a number of curfew
23 violators we encounter every month, every year.
24 Q. Let me show you what's been marked as Defendant's Exhibit
25 K-10.
Klein - cross
1265
1 (Document tendered.)
2 BY MR. FLAXMAN:
3 Q. And is this a copy of General Order 91-4?
4 A. Yes, it is.
5 Q. And that's a general order that relates to processing
6 curfew violators?
7 A. That's correct.
8 Q. Could you direct your attention to Section Roman II -- no,
9 Roman III, Section B, No. 2?
10 A. Yes.
11 Q. And that says, does it not, "Assume that the desk sergeant
12 will assume custody of curfew violators delivered to him and be
13 responsible for their safekeeping. Curfew violators will
14 ordinarily be detained in the desk area or office area of the
15 station until turned over to their parents, guardians or other
16 adult accepting responsibility for their custody"; is that
17 right?
18 A. It does say that; and, if you go down a little further, I
19 think the same thing is happening in this question that's
20 happened in the question you previously asked me about,
21 counsel.
22 What you're doing is you're referring to items that
23 are contained in the directive, but they're contained in
24 different places. And, under different circumstances, there
25 are different responsibilities.
Klein - cross
1266
1 In the previous question, we talked about the answer
2 where most of the people, apparently, got number C as the
3 correct answer and why that was not the correct answer. You
4 referred to a section in the order where C would have been the
5 correct answer had the individual not been identified; however,
6 the question asked, if the individual were identified, what
7 would you do, and that's what made C not the correct answer.
8 And I think you're doing the same thing in this
9 question.
10 Q. Well, you're telling us that E is the correct answer; is
11 that right?
12 A. Yes, I am.
13 Q. And the general order -- don't you only do E if you've been
14 unable to contact the parent, guardian --
15 A. Yes, you do, and that's exactly what the question asks for.
16 Q. And you're assuming, are you not, from the stem of Question
17 37, that the sergeant has not made any attempt to contact the
18 parents, guardians or other adult?
19 A. I'm not assuming anything. I'm saying that the question
20 specifically says that attempts have been made and they're
21 unsuccessful.
22 Q. Well, does it say that the sergeant has made those
23 attempts?
24 A. It doesn't matter who made the attempts. The order,
25 basically, says, "Attempts have been made." It does not say
Klein - cross
1267
1 who has to make the attempts. I believe you're misinterpreting
2 the order.
3 Q. Okay.
4 And, as a matter of fact, nearly 1600 police officers
5 who took the test also misinterpreted the order; is that right?
6 A. Or did not read it correctly or did not remember it
7 correctly.
8 Q. Okay.
9 Could I have the exhibit back?
10 (Document tendered.)
11 BY MR. FLAXMAN:
12 Q. Let me ask you to go to Question 56.
13 (Brief pause.)
14 BY THE WITNESS:
15 A. I've read the question.
16 BY MR. FLAXMAN:
17 Q. Now, the correct answer to this question is Choice E; is
18 that correct?
19 A. That's correct.
20 Q. When a police officer makes an arrest, is it part of the
21 job of making an arrest to be sure that there's a valid basis
22 for the arrest?
23 A. Absolutely.
24 Q. And when an officer makes an arrest for a felony, is it
25 correct that the officer has determined that there's a valid
Klein - cross
1268
1 basis for making the arrest?
2 A. To the best of his or her ability, yes.
3 Q. Okay.
4 So, now, the Question 56, is where a police officer --
5 -- the scenario of 56, the police officer has made an arrest
6 for a felony; is that correct?
7 A. That's correct.
8 Q. And, then, asks the sergeant what to do; is that right?
9 A. Yes.
10 Q. And the sergeant's correct answer is to ensure that there's
11 a valid basis for the charges?
12 A. That's the correct answer among the choices given, yes.
13 Q. And the police officer isn't placing the charges; isn't
14 that right?
15 A. The police officer has to ascertain or be certain that
16 there is sufficient probable cause to justify the arrest, and
17 probable cause equals a valid basis for making the arrest.
18 Q. Now, has this advice in 56, Choice E -- you were a
19 sergeant, weren't you?
20 A. Yes.
21 Q. Did you ever come across a situation where a patrol officer
22 under your supervision made a felony arrest?
23 A. Yes.
24 Q. And did you ever -- were you ever asked for advice about --
25 by the officer about what his or her responsibilities were?
Klein - cross
1269
1 A. Yes.
2 Q. And was your answer to ensure that there is a valid basis
3 for the charges placed?
4 A. My answer would have contained several things that they
5 needed to do, and that would have certainly been one of them --
6 probably one of the preeminent ones.
7 Q. Wouldn't your answer have been that the preeminent thing to
8 do is to turn the arrestee over to the booking officer?
9 A. No, because that's not the first thing they do. They need
10 to complete the arrest report, complete the case report, get
11 approval for charges -- do many things before they can turn it
12 over to the booking officer.
13 Q. Now, in this scenario, the transporting officer is Patrol
14 Officer Cobb; isn't that right?
15 A. Yes.
16 Q. Isn't it correct that, under the rules and regulations of
17 the Chicago Police Department, the first thing the transporting
18 officer should do is to turn the arrestee over to the booking
19 officer?
20 A. I don't believe so.
21 Q. Are you familiar with the rules and regulations of the
22 Chicago Police Department?
23 A. Yes, I am.
24 Q. And is there a particular rule about processing persons
25 under department control?
Klein - cross
1270
1 A. There is a general order on that, yes.
2 Q. Do you know the number of that general order?
3 A. I don't know what the newest number is.
4 Q. Let me show you what's been marked as Defendant's Exhibit
5 K-13.
6 (Document tendered.)
7 BY MR. FLAXMAN:
8 Q. And is this General Order 92-5?
9 A. Yes, it is.
10 MR. FLAXMAN: And I think there will be a stipulation
11 that this was the order in effect in 1993 governing processing
12 persons under department control.
13 MS. PAPUSHKEWYCH: Yes, there will be.
14 THE COURT: Okay.
15 BY MR. FLAXMAN:
16 Q. Is this the general order that sets out the policies and
17 procedures about processing people under department control?
18 A. It's one of them, yes.
19 Q. And let me direct your attention to Page 4, Roman V, letter
20 A, No. 3, Subsection A?
21 A. V-A-3-A?
22 Q. Right.
23 Does that recite that, "The transporting officer will
24 transport the arrestee to the district of arrest, where they
25 will, A, turn the arrestee over to the booking officer"?
Klein - cross
1271
1 A. Yes, it does; but, once again, you're doing the same thing
2 you did on the previous two questions, counsel.
3 In this case, the section that you're referring to and
4 the section you just alluded to involves, as you say correctly,
5 the transporting officer will do certain things; however, in
6 this instance, Officer Cobb is not only the transporting
7 individual, he is the arresting officer. And if you look to
8 the section above that, it prescribes very specifically what
9 the arresting officer's responsibility is.
10 Q. Well, is Question 56 one of those questions that you answer
11 correctly by concluding that Choices A, B, C and D are
12 incorrect?
13 A. That could be a way you do it.
14 Q. Okay.
15 Is there anything in General Order 92-5 that directs
16 the arrest -- a person -- an officer who has arrested an
17 individual for a felony to ensure that there is a valid basis
18 for the charges placed?
19 A. I believe it's in Item -- actually, I don't believe.
20 It's in Item IV-D-1. It specifically says, "The
21 arresting officer will adhere to all department procedures
22 relative to processing arrestees and" -- I emphasize -- "will
23 ensure there's a valid basis for charges placed."
24 Q. Okay.
25 Let me ask you to look at Question 57.
Klein - cross
1272
1 In this scenario, what's the critical thing, if there
2 is one, for the field sergeant to know?
3 A. He needs to know what the policies and procedures and state
4 law requires when you have an individual who is suspected of
5 driving under the influence.
6 Q. And what does state law require when you stop an individual
7 who has been stopped for driving under the influence?
8 A. There are a series of tests that have to be completed, a
9 series of forms that have to be completed. There is an
10 examination that has to occur. There are time periods that
11 attach that regulate the processing.
12 Q. Okay.
13 Let me ask you to look at Question 59.
14 Are you familiar with what an ordinance complaint form
15 looks like?
16 A. Generally.
17 Q. Is there a box for the complainant to sign in which the
18 complainant certifies under penalty of perjury or swears that
19 the statements made in the complaint are true?
20 A. I would think so, but I'm not a hundred percent certain.
21 We have, you know, several hundred forms, counsel. It's
22 difficult for me to remember the positions on each one of them.
23 Q. Okay.
24 Let me ask you to look at Question 75.
25 (Brief pause.)
Klein - cross
1273
1 BY THE WITNESS:
2 A. I've read it.
3 BY MR. FLAXMAN:
4 Q. The correct answer is B; is that correct?
5 A. That is correct.
6 Q. What would happen if the field sergeant referred the
7 reporter to the office of news affairs?
8 A. He would be referring the reporter to the wrong place.
9 Q. Well, would -- is there an office of news affairs in the
10 police department?
11 A. Yes, there is.
12 Q. And what does that office do?
13 A. It coordinates on behalf of the superintendent all of our
14 relationships with the media with respect to press releases,
15 announcements that we wish to make, access that the media seeks
16 to have to members of our command for the purposes of
17 interviews, et cetera.
18 Q. What would be the consequences of referring a reporter to
19 the office of news affairs, rather than to the director of the
20 Records Division?
21 A. The consequence, in a single case, there would be a limited
22 consequence.
23 We have -- it's a very small office. There are
24 probably four people on staff. We have approximately 1300
25 sergeants when we're at full strength in the department. The
Klein - cross
1274
1 consequence of people not following procedures is that you have
2 a volume of calls coming where they don't belong. They're
3 unable to do the work that they're supposed to do. That's why
4 we have these procedures in place, so people know where to go
5 in an organization this size.
6 Q. So, is it correct, then, that the consequence of giving the
7 wrong information to the reporter is that there would be too
8 many phone calls going to the four people who work in news
9 affairs?
10 A. The other consequence is you disadvantage the reporter.
11 You've -- it certainly doesn't serve to elicit confidence and
12 trust in the department when you ask a supervising member how
13 to do something and that person does not know how to do that.
14 Q. Now, how many directors of the of Records Division are
15 there?
16 A. One.
17 Q. And does the director of Records Division have duties in
18 addition to giving out information about criminal history to
19 newspapers?
20 A. Yes.
21 Q. As a matter of fact, the director of the Records Division
22 has a whole host of duties that are much more important than
23 giving that information to newspapers; isn't that right?
24 A. That's true, and they also have a staff of a few hundred
25 people and divisions or subsections that are dedicated to
Klein - cross
1275
1 certain activities, so that when information requests come
2 through, they get routed to the appropriate subsection. There
3 is a process by which that all occurs.
4 Q. Well, is it your testimony, Lieutenant Klein, that it's of
5 critical importance to a Chicago police sergeant to know that
6 the correct answer to Question 75 is B, rather than E?
7 A. Is it critical? Would the Chicago Police Department come
8 to a screeching halt if a sergeant didn't know that? No, I
9 can't say that's the case.
10 What I would say is that we deal with the press, the
11 media, the electronic media, multiple times every day of the
12 year every single day regarding issues such as this, and that's
13 why we have a process in place. Because if we were getting
14 multiple requests from multiple sources and they were going
15 hither and yon within the police department, we could not have
16 any sense as to who was disseminating information, what they
17 were disseminating, whether the information they were giving is
18 legally permissible. That's why we have a process in place, so
19 we can control the information which we have by virtue of our
20 authority as the Chicago Police Department as a law enforcement
21 entity.
22 Much of that information is confidential and can't be
23 released and can't be going hither and yon because people would
24 be making bad decisions about what they would be giving out.
25 Q. Now, knowing the correct answer to Question 75 is less
Klein - cross
1276
1 important than knowing when you can use deadly force; isn't
2 that right?
3 A. Yes.
4 Q. Okay.
5 And you don't know how often the inquiry that's
6 referred to in Question 75 arises in the life of a field
7 sergeant, do you?
8 A. I'm sure it occurs very frequently, but I don't know the
9 exact number.
10 Q. Well, is there a way in which the Chicago Police
11 Department, if there were improper calls going to office of
12 news affairs, could issue a directive to be read at roll-call
13 to all police officers to inform them that inquiries from local
14 television stations about criminal histories should not go to
15 news affairs, but should go to director of the Records
16 Division?
17 A. Certainly. We send out periodic reminders, but we have a
18 limited ability to publish those kind of reminders. And to
19 have to use them for minuscule and insignificant things like
20 that really deters us from using that limited ability to
21 communicate something that's important.
22 Q. So, this is a minuscule and insignificant thing; is that
23 right?
24 A. No, this is -- the reminder that they need to go someplace
25 would detract from our ability to publish crime information and
Klein - cross
1277
1 other things. So, we need to be careful about how we use that
2 resource.
3 Q. Okay.
4 You're familiar with the crimes in the State of
5 Illinois; is that right?
6 A. I'm familiar with crimes.
7 Q. With crimes, with definitions of crimes?
8 A. Generally.
9 Q. And were you familiar with the definition of crimes when
10 you were a subject matter expert reviewing the questions in
11 Akron, Ohio, for this 1993 sergeant's test?
12 A. Generally.
13 Q. Were you aware -- that was in 1993; is that right?
14 A. Yes.
15 Q. Were you aware in 1993 of an offense called the theft of
16 lost or mislaid property?
17 A. Yes.
18 Q. Let me ask you to look at Question 76.
19 Does the conduct referred to or the situation referred
20 to in Question 76 constitute a basis for investigating a
21 potential violation of the statute relating to theft of lost or
22 mislaid property?
23 A. It may require some further investigation. It just
24 indicates that the card in question does not belong to the
25 person. It does not indicate that the card has been lost or
Klein - cross
1278
1 stolen.
2 It may indicate, as frequently happens, that the card
3 has been -- I can't think of the word -- has been forged
4 perhaps or created without due authority. That happens more
5 frequently than people stealing and using other ones -- other
6 people's credentials.
7 Q. Is that an offense, to forge --
8 A. A news credential, not to my knowledge.
9 Q. It's not a violation of any ordinance of the City of
10 Chicago?
11 A. Not that I'm aware of.
12 Q. And when a police officer comes across somebody who has a
13 forged news media identification card, it's your testimony that
14 the police officer should not arrest that person?
15 A. That's not what I said.
16 Q. Well, should the police officer arrest that person?
17 A. Should a police officer arrest what person?
18 Q. A person who is found to be in possession of a forged news
19 media identification card.
20 MS. PAPUSHKEWYCH: I am going to object.
21 BY THE WITNESS:
22 A. That's not what the question asks for.
23 MS. PAPUSHKEWYCH: Never mind.
24 BY MR. FLAXMAN:
25 Q. My question to you, Lieutenant, is: Should the police
Klein - cross
1279
1 officer make an arrest in that situation?
2 A. As I indicated, I don't know what the basis for the arrest
3 would be.
4 Q. But is there anything in this question which gives you
5 reason to believe that a police officer should be making an
6 arrest?
7 A. No.
8 Q. Okay.
9 And when you testified on direct examination that
10 Question 76 doesn't set out the elements of a criminal offense
11 -- you meant a violation -- did you include local ordinances?
12 A. To the best of my recollection, yes.
13 Q. How often does the situation described in Question 76
14 arise?
15 A. Not very frequently; but, again, the consequences of it is
16 what I'm concerned with. We are constantly on the scene of
17 crime scenes and trying to preserve and protect evidence, and
18 we have constant interaction with the media. And there is a
19 very important public safety need to control their access and
20 their ingress onto certain crime scenes, and that's why we have
21 this process of identifying them.
22 Q. Well, isn't that trespassing if somebody goes into crime
23 scene without proper authorization?
24 A. It may be trespassing, it may not be trespassing. It would
25 depend upon where they went.
Klein - cross
1280
1 Q. Well, is knowing the correct answer to Question 76 as
2 important as knowing when to use deadly force?
3 A. No. Deadly force is probably one of the most important
4 things that we have to know, but that does not make everything
5 else unimportant.
6 Q. Let me ask you to look at Question 83 that's in Plaintiffs'
7 Exhibit 14.
8 (Brief pause.)
9 BY THE WITNESS:
10 A. I read the question.
11 BY MR. FLAXMAN:
12 Q. Okay.
13 Now, you told us yesterday that it's important to know
14 the minimum amount of days, so you don't set the court hearing
15 too soon; is that right?
16 A. That's correct.
17 Q. What's the consequence of setting the court hearing 21 days
18 in the future, rather than 15 days in the future?
19 A. Once again, the reason that those time frames were decided
20 upon and the reason that we have promulgated directives
21 containing those time frames was based upon an extensive and
22 negotiated interaction with the Circuit Court of Cook County.
23 I don't know the exact basis of who asked for which days, but
24 it's my understanding that those days are there at the request
25 of the Circuit Court of Cook County.
Klein - cross
1281
1 Q. Well, the general order says that the court date should be
2 made at least 15 days after issuance of the citation; is that
3 right?
4 A. I believe that's correct, yes.
5 Q. The general order doesn't say it should be between 15 and
6 21, does it?
7 A. Once again, we have different systems for setting different
8 court dates. I'm not sure that I recall all the different
9 systems.
10 Q. Well, my precise question is: What's the difference in
11 making the court date 22 days, rather than 16 days?
12 A. Once again, that was done by agreement with the Circuit
13 Court of Cook County.
14 Q. What was done by agreement?
15 A. The number of days that we would use to set these court
16 days and when they would occur.
17 Q. Isn't it true that the only agreement with the Circuit
18 Court of Cook County was that the court date would be at least
19 15 days after the citation?
20 A. I believe that's correct.
21 Q. Okay.
22 And 22 days is at least 15 days; isn't that right?
23 A. It would depend upon what the officer's court key was, when
24 they were scheduled to appear. They don't have that much
25 latitude in determining number of days. It would depend when
Klein - cross
1282
1 their court key dates fall within the month.
2 Q. What's a court key?
3 A. As I explained yesterday -- I believe I explained
4 yesterday, perhaps I didn't -- because of the large number of
5 officers we have and the large volume of arrests of all types
6 that we make, officers are assigned court keys. They are
7 numerical -- I'm sorry, they are letter designations which tell
8 them on which days of each month their court date is for
9 certain types of offenses -- traffic, misdemeanor, et cetera.
10 Q. Well -- and how many court days do you have on your court
11 key sheet?
12 A. I don't really know.
13 Q. So, if you have the court key sheet, is it important that
14 you know that the court date should be -- should not be 22
15 days?
16 A. Yes.
17 Q. Why is that?
18 A. For the reasons that I just stated. This was an agreement
19 with the Circuit Court of Cook County, and we are trying to
20 accommodate them in their scheduling and their judicial needs.
21 Q. Let me ask you to look at Question 101.
22 (Brief pause.)
23 BY THE WITNESS:
24 A. I've looked at the question.
25 BY MR. FLAXMAN:
Klein - cross
1283
1 Q. Is Choice A an offense?
2 A. I don't believe it is.
3 Q. Okay.
4 And what do you base that belief on?
5 A. I believe for it to be an offense, there has to be some
6 property -- some real property that is involved as subject
7 matter of the fire.
8 If this were a trash can fire in the middle of a
9 vacant lot, I don't believe that that would be an offense.
10 Q. And this belief that you didn't believe it would be an
11 offense, is this the same belief you had back in 1993, when you
12 reviewed this question?
13 A. It would have been my belief at that time when I reviewed
14 that question in concert with the Illinois Revised Statutes.
15 Q. Okay.
16 Is Choice C an offense?
17 A. I believe it is.
18 Q. And is Choice D an offense?
19 A. Choice D, as in Darka?
20 Q. That's correct.
21 A. Yes, it is.
22 Q. And is Choice E an offense?
23 A. Yes, it is.
24 Q. Now, is knowing which of these choices is an offense under
25 Illinois statutes important for a sergeant to know?
Klein - cross
1284
1 A. Yes, it is.
2 Q. Is it important for a lieutenant to know?
3 A. Generally speaking, yes.
4 Q. What's your present position?
5 A. I'm a lieutenant.
6 Q. Is it important for -- and you're assigned to the Training
7 Division?
8 A. That's correct.
9 Q. Is knowing which of these choices is an offense important
10 for a lieutenant who is the head of the Training Division?
11 A. From a general sense, yes.
12 You have to bear in mind, counsel, that we have
13 several hundred, if not a thousand, directives; some in size
14 from one page to fifty pages. There are extensive statutes.
15 There are multiple city ordinances. And I don't think it's
16 reasonable that anyone could be required to maintain knowledge
17 or memorize each and every section of each and every one of
18 those statutes and ordinances, just as it wouldn't be
19 appropriate for you to memorize all the federal statutes.
20 Q. Well, is that because you can look them up?
21 A. You can look up ones that are used very infrequently. You
22 should have a working knowledge of those that you are required
23 to know that you run into in your business every day.
24 Q. Well, are any of the choices in Question 101 important to
25 know in doing your business every day for Chicago police
Klein - cross
1285
1 sergeant?
2 A. Absolutely. We have fires set all over this city every
3 day.
4 Q. Well, is knowing whether Choice A is an offense important
5 for a Chicago police officer -- police sergeant to know?
6 A. We get called to the scenes of fires every day throughout
7 the city, and you need to know whether it is a crime or not.
8 Q. Okay.
9 Let me ask you to look at Question 104. In this
10 scenario, would the arresting officer immediately call the
11 prosecution -- or the prosecuting attorneys who had been
12 involved in the underlying case?
13 A. I think that may be a reasonable step the officer would
14 take, if that were possible that this were occurring during
15 daytime hours when the prosecuting attorney were available.
16 Q. And is this the kind of scenario in which the arresting
17 officer, if he or she was a beat officer, would call detective?
18 A. I believe my testimony yesterday was that this is the type
19 of circumstance that happens somewhat infrequently and this is
20 the type of circumstance where the officer would need to have a
21 general knowledge of the statutes to be aware that this
22 constituted an offense; but, that this would also be, perhaps,
23 an appropriate case for refining the type of offense based upon
24 their general understanding of what the nature of the offense
25 was.
Klein - cross
1286
1 Q. Now, Question 104 is conduct that's fairly serious; isn't
2 that right?
3 A. Yes, it is.
4 Q. Now, Question 109, yesterday you said this happens with
5 some frequency. What did you mean by "some frequency"?
6 A. What I meant is that -- and I believe some of my testimony
7 was to the effect -- unfortunately, we have a society in which
8 our juveniles engage in a lot of vandalism or damage to
9 property on school property and in community centers and other
10 areas that they have access to on a daily basis.
11 In the past, that was all -- all those activities,
12 those criminal activities, were grouped under the heading of
13 criminal damage to property. Because, again, the legislature
14 has seen fit to recognize the seriousness and inappropriateness
15 of certain types of crimes, they have created new categories,
16 this being one of them, to identify those specific
17 circumstances.
18 Q. Now, each of the choices in Question 109 is an offense; is
19 that right?
20 A. Not necessarily.
21 Q. Which one is not an offense?
22 A. Item A could be damaging your own property.
23 Q. Okay.
24 Well, which -- is it more important for a sergeant to
25 know whether any offense has been committed than knowing
Klein - cross
1287
1 whether any particular offense has been committed?
2 A. It's important to know both. It's important to know if an
3 offense has been committed. It's also important based upon the
4 legislative intent and direction to properly be able to enforce
5 many of the crimes, particularly those that deal with
6 school-related crimes.
7 We have many crimes that deal with certain
8 geographical limitations, if crimes occur within certain feet,
9 for example, of schools. You need to know what that is. We're
10 expected to enforce those types of crimes.
11 Q. Well, if a police officer sees somebody damaging a police
12 station, would the police officer make an arrest?
13 A. Yes.
14 Q. If the police officer sees somebody damaging an automobile
15 where the damage is less than $300, would the police officer
16 make an arrest?
17 A. In most cases.
18 Q. Okay.
19 If the police officer sees somebody damaging property
20 along with the intent to commit a theft, would the police
21 officer make an arrest?
22 A. Yes.
23 Q. Let me ask you to look at Question 110.
24 (Brief pause.)
25 BY THE WITNESS:
Klein - cross
1288
1 A. I have looked at the question.
2 BY MR. FLAXMAN:
3 Q. Do you have any opinion as to why more than 70 percent of
4 the police officers who took this test selected D, rather than
5 the correct answer, E?
6 MS. PAPUSHKEWYCH: Objection to the question.
7 Lieutenant Klein is not a test developer, and the form of the
8 question is does he have any opinion as to why certain -- a
9 certain percentage of people got this wrong. Now, if he wants
10 to rephrase his question to ask about the subject matter or,
11 you know -- I think Mr. Flaxman has been talking about whether
12 or not it's important or whatever.
13 But Lieutenant Klein is not a test developer.
14 THE COURT: Well, I appreciate that, and -- but this
15 is cross-examination, and it is -- I take it he was asked about
16 this Question 110 on direct. I do not have the book now. I
17 take it you are --
18 MS. PAPUSHKEWYCH: Yes.
19 THE COURT: He is cross-examining him as to his
20 answer.
21 It seems to me the question shows sufficient relevance
22 that, if he has an opinion, it may be relevant for purposes of
23 cross-examination. And since he does have the right to test
24 the content validity of the test, I will overrule the objection
25 and permit the witness to answer, if he knows.
Klein - cross
1289
1 BY THE WITNESS:
2 A. Could you repeat the question, please?
3 BY MR. FLAXMAN:
4 Q. Do you have an opinion as to why it is that more than 70
5 percent of the police officers who took the test selected D, an
6 incorrect answer, rather than E, the correct answer?
7 A. My opinion would be that either they didn't read the source
8 material very well or they didn't read the question and the
9 proposed answers very well.
10 Q. Okay.
11 Now, when you reviewed these questions in Ohio, did
12 you review the questions carefully?
13 A. Yes.
14 Q. And did you review the source material carefully?
15 A. Yes.
16 Q. Let me ask you to look at Question 138.
17 In that scenario, could you tell us why it's wrong --
18 why it would be wrong for the field sergeant to tell the
19 citizen that he had been parked illegally?
20 A. Because -- it would be wrong because that would not be a
21 complete answer. Simply because it was parked illegally on
22 private property is not sufficient reason to justify a tow. It
23 required the extra element of authorization.
24 Q. Do you think it's important for the sergeant to tell that
25 to the citizen, that, "Not only were you parked illegally, but
Klein - cross
1290
1 the owner had given written permission to the towing company to
2 tow cars away from here"?
3 A. I think that when a citizen asks us a question, we should
4 give that citizen a complete and direct answer.
5 Q. An can you tell us why Choice A would be wrong?
6 A. Because it's not a complete answer. It is not the best
7 answer.
8 Q. Now, Question 129, you told us, I think, that the best
9 answer is Choice D; is that right?
10 A. Yes.
11 Q. Now, in order to conduct a strip search, does the police
12 officer require written permission?
13 A. Yes, he does.
14 Q. Okay.
15 And is this one of the questions you reviewed in Ohio?
16 A. I believe so.
17 Q. And when you reviewed this question, did you review the
18 source material for it?
19 A. Yes.
20 Q. And did you review 725 ILCS 5/103-1, which has been
21 reproduced as Defendant's Exhibit K-30?
22 (Document tendered.)
23 BY THE WITNESS:
24 A. I believe I did. I believe I reviewed all relevant source
25 material. I don't specifically recall looking at this statute.
Klein - cross
1291
1 BY MR. FLAXMAN:
2 Q. Well, isn't it true that this statute requires that, before
3 a strip search may be conducted, the officer conducting the
4 search must -- this is Section F-1 -- "Obtain the written
5 permission of the police commander or an agent thereof
6 designated for the purposes of authorizing a strip search in
7 accordance with this section"?
8 A. Yes, it does, but I believe you're mischaracterizing the
9 statute for the purposes of this question, as I believe
10 happened earlier.
11 If you go slightly higher, by way of explanation, in
12 this same statute, 103-1, Item Subsection C, contains the
13 requirement that, "No person arrested for a traffic, regulatory
14 or misdemeanor offense, except in cases involving weapons or
15 controlled substance, shall be strip searched unless there is
16 reasonable belief that the individual is concealing a weapon or
17 controlled substance," which is the answer in this case.
18 And, further, when you are referring to the language
19 in Subsection F, which talks about -- I'm sorry, Subsection
20 F-1, which talks about "written permission of the police
21 commander or an agent thereof," that refers directly to our
22 department directives which designates that agent as being
23 specifically the watch commander.
24 Q. So, just so that the record is clear, Choice C to Question
25 129 is: "Officer has obtained written permission from the
Klein - cross
1292
1 police commander"; is that right?
2 A. That is what Choice C says.
3 Q. Now, are you aware that, on the actual written test, there
4 were groups of questions that were preceded with statements as
5 to where the source was for the answers to these questions?
6 A. If what you're saying is that the sections were preceded --
7 if questions on the statute would be preceded by a section that
8 indicates these were questions based upon the Illinois Compiled
9 Statutes, I think that that's my recollection.
10 Q. And, as a matter of fact, wasn't Question 129 one of those
11 questions where the people taking the test were told, "Choose
12 the most correct answer relying upon Illinois statutes"?
13 A. I don't know the answer to that question.
14 What I would say as a general proposition, which is
15 very clear in the Chicago Police Department, there are many,
16 many, many statutes that are -- that grant certain authority to
17 members of the Chicago Police Department. Our policy and
18 procedures are much more restrictive than the state statutes in
19 many cases. We are not as expansive as the statutes would
20 permit us to be; and, therefore, our orders are dispositive in
21 terms of what the orders are required to do in the enforcement
22 of the statutes.
23 MR. FLAXMAN: Do you have the written test?
24 MS. PAPUSHKEWYCH: No, I don't.
25 MR. FLAXMAN: Can I have a minute, Judge?
Klein - cross
1293
1 THE COURT: Yes.
2 (Brief pause.)
3 BY MR. FLAXMAN:
4 Q. Let me show you what's been marked as Plaintiffs' Exhibit
5 63.
6 (Document tendered.)
7 BY MR. FLAXMAN:
8 Q. Have you ever seen this before?
9 A. I've seen the first page.
10 Q. Okay.
11 Let me ask you to look at Page 32?
12 A. I have not seen this page before.
13 Q. Okay.
14 At Page 32, it says, "The following 43 questions are
15 based solely on information contained in"; do you see that?
16 A. Yes, I do.
17 Q. And what does it say as the source for where the following
18 information for the following -- information for the following
19 43 questions come from?
20 A. The Illinois Compiled Statutes, and it cites the 1993
21 edition.
22 Q. Okay.
23 Now, Question 129 is 39 -- is the 39th question after
24 that statement about the following 43 questions; is that right?
25 A. My math isn't as good as yours, counsel. If you say so, I
Klein - cross
1294
1 would probably accept it.
2 Q. Well, I think we can probably stipulate to that with
3 defense counsel.
4 And Question 129 is this question about strip
5 searching; is that right?
6 A. Yes.
7 Q. And it's a question that's supposed to be answered, is it
8 not, solely from information contained in Illinois Compiled
9 Statutes?
10 A. Once again, counsel --
11 Q. Could you answer my question, Lieutenant?
12 A. That's what this document says, yes.
13 Q. And if you look at Page 1 of this document, you see the
14 instructions for the test; is that right?
15 A. It says, "Chicago Police Sergeant Promotional Examination
16 Form CPD-1"; is that what you're referring to --
17 Q. Right.
18 A. -- as instructions?
19 Q. Are these the instructions that you reviewed in Ohio?
20 A. I believe so, counsel. We went through several revisions.
21 I'm not exactly certain as to what was contained in each
22 revision.
23 Q. Well, do you see the language where it says, "Select the
24 one best answer for the question"?
25 A. Perhaps, I'm looking on the wrong page, but I don't see it
Klein - cross
1295
1 on this page. I'm sorry, there it is. All right.
2 Yes, I do see that.
3 Q. Okay.
4 And was that language that you approved in Ohio?
5 A. I believe we concurred with that.
6 Q. Okay.
7 Now, did you also concur with the second paragraph
8 that starts with, "Remember each question on the test is based
9 on a specific source. The title of the source appears in the
10 test immediately preceding the questions based on that source"?
11 A. I don't recall that, no.
12 Q. Are you familiar with the way in which police officers
13 prepare for or did prepare for the 150-question written short
14 answer test?
15 A. I am familiar with the way some of them have related to me
16 that they prepared.
17 Q. Was it your understanding that people would spend -- police
18 officers would spend several hours a day studying general
19 orders?
20 A. I can't verify that. People have told me that.
21 Q. And would people also get together in study groups?
22 A. That's my understanding.
23 Q. Well, when you prepared for the promotional test you've
24 taken, did you study general orders?
25 A. Yes, I did.
Klein - cross
1296
1 Q. Did you attend a study group?
2 A. Not for sergeant, but for lieutenant.
3 Q. Now, the lieutenant study group, was that like a class?
4 A. No.
5 Q. What was it?
6 A. It was myself and four individuals that I'm associated
7 with.
8 Q. And you got together and reviewed general orders?
9 MS. PAPUSHKEWYCH: Your Honor --
10 BY THE WITNESS:
11 A. Prepared questions and a number of things.
12 MS. PAPUSHKEWYCH: -- I am going to just interpose an
13 objection. This is beyond the scope of direct. We did not
14 elicit testimony regarding Mr. -- Lieutenant Klein's studying
15 habits on direct.
16 MR. FLAXMAN: I'm --
17 MS. PAPUSHKEWYCH: If this has some relevancy, he
18 should probably just get to it.
19 MR. FLAXMAN: I'm done with this line of questioning.
20 THE COURT: All right.
21 MR. FLAXMAN: Thank you.
22 BY MR. FLAXMAN:
23 Q. Are you involved with the training that sergeants receive
24 before they go out in the field?
25 A. I was involved from a supervisory overview position in
Klein - cross
1297
1 terms of trying to determine what the appropriate blocks of
2 instruction would be and how we would do scheduling and how we
3 would match instructors with certain blocks of instruction,
4 yes.
5 Q. Well, when you decided what should be -- were you involved
6 in deciding what should be taught?
7 MS. PAPUSHKEWYCH: At what point in time? Can we just
8 get --
9 BY MR. FLAXMAN:
10 Q. For the most recent -- since 1973, have you been involved
11 in deciding what should be taught to newly-promoted sergeants?
12 A. Yes.
13 Q. Have you been involved in deciding how long --
14 THE COURT: Since 1973?
15 MR. FLAXMAN: I'm sorry, 1993.
16 THE COURT: 1993.
17 MR. FLAXMAN: Thank you, Judge.
18 BY MR. FLAXMAN:
19 Q. Since 1993, have you been involved in deciding what should
20 be taught to newly-promoted sergeant?
21 A. No.
22 MR. FLAXMAN: If I could just have a minute?
23 THE COURT: All right.
24 (Brief pause.)
25 MR. FLAXMAN: Nothing further.
Cadogan - direct
1298
1 THE COURT: All right.
2 Any redirect?
3 MS. PAPUSHKEWYCH: No redirect of this witness.
4 THE COURT: All right.
5 Sir, that concludes your testimony, then, and you are
6 excused.
7 THE WITNESS: Thank you, your Honor.
8 (Witness excused.)
9 THE COURT: Are we ready to call our captain now?
10 MS. PAPUSHKEWYCH: We are ready to call our next
11 witness.
12 THE COURT: All right.
13 MS. PAPUSHKEWYCH: We call Chief Cadogan to the stand.
14 THE COURT: All right, sir, if you will come forward.
15 JOHN CADOGAN, DEFENDANT'S WITNESS, SWORN
16 THE COURT: Please be seated.
17 Counsel, you may proceed when you are ready.
18 MR. KERTEZ: Thank you, Judge.
19 DIRECT EXAMINATION
20 BY MR. MR. KERTEZ:
21 Q. Please state your name and spell your last name for the
22 record.
23 A. John Cadogan, C-a-d-o-g-a-n.
24 Q. What is your current occupation?
25 A. I'm presently the chief of patrol for the Chicago Police
Cadogan - direct
1299
1 Department.
2 Q. Are you a sworn member of the Chicago Police Department?
3 A. Yes, I am.
4 Q. And when did you become a sworn member of the Chicago
5 Police Department?
6 A. 1961.
7 Q. What was your first position as a member of the Chicago
8 Police Department?
9 A. I was a probationary police officer.
10 Q. And could you briefly describe the ranks and positions that
11 you've held with the Chicago Police Department?
12 A. Sergeant, lieutenant, captain, administrative assistant to
13 the superintendent, commander, assistant deputy superintendent
14 Bureau of Operational Services, deputy chief for administration
15 in the Patrol Division, chief of organized crime and,
16 currently, chief of patrol.
17 Q. And based on that experience, are you familiar with the
18 duties and responsibilities of a Chicago police sergeant?
19 A. Yes, I am.
20 Q. And are you familiar with the duties of a Chicago police
21 sergeant as they would have been in 1993?
22 A. Yes, I am.
23 Q. Now, Chief Cadogan, all of the questions I'm going to be
24 asking you about sergeant will deal with the year 1993, unless
25 I state differently, and I would ask that, when I ask a
Cadogan - direct
1300
1 question of you, you respond as to the year 1993.
2 A. Okay.
3 Q. Do all sergeants perform the same duties and functions?
4 A. No, they don't.
5 Q. Could you tell us what are the different jobs and functions
6 that a Chicago police sergeant could have?
7 A. In district law, for example, you could have a sergeant
8 that would be assigned as a sector sergeant.
9 Q. All right. Let's stop there for a second.
10 Could you tell us what does a sector sergeant do?
11 A. A sector sergeant has anywhere from three to five primary
12 beats in his sector. He's responsible for the supervision of
13 those police officers. He's responsible for ensuring that
14 they're dealing with any chronic problems that may be on their
15 beat.
16 He's responsible for ensuring that the communications
17 section is following a dispatch policy that we try to attempt
18 to keep police officers -- the primary beat officers on their
19 beat and to use rapid response officers when calls are off the
20 beat or calls are in-progress calls.
21 Q. All right.
22 And would a beat sergeant be a field sergeant?
23 A. A sector sergeant is a field sergeant, yes.
24 Q. All right.
25 Are there any other types of sergeant besides the
Cadogan - direct
1301
1 sector sergeant?
2 A. Rapid response sergeant.
3 Q. All right.
4 Could you tell us what a rapid response sergeant does?
5 A. A rapid response sergeant has a number of officers under
6 his supervision that virtually have district-wide range in
7 responding to citizens' calls for service.
8 The rapid response sergeants supplements the beat
9 officers in an attempt to keep beat officers on their beat, so
10 that they can engage in problem solving.
11 The rapid response officers will respond to virtually
12 anywhere in the district to any beats in the district to
13 in-progress calls, serious calls, calls that may tie up an
14 officer for an extended period of time.
15 Q. All right.
16 And besides the sector sergeant and the rapid response
17 sergeant, are there any other types of functions that sergeants
18 in the Chicago Police Department perform?
19 A. There is a tactical sergeant.
20 Q. Tell us what a tactical sergeant does.
21 A. A tactical sergeant supervises a team of officers. And
22 there are three tactical teams in each one of the 25 police
23 districts. And those tactical teams are utilized by the
24 district commander and watch commanders to go after particular
25 types of offenses that are occurring, such as if you might have
Cadogan - direct
1302
1 a pattern of robberies or a pattern of burglaries or criminal
2 sexual assaults.
3 The tactical team is used to try to make arrests or
4 to, by their presence, to interrupt that pattern of that
5 particular type of crime, keep it from occurring.
6 Q. All right.
7 Are there any other types of functions that a sergeant
8 performs?
9 A. There's a gang tactical sergeant, also. The gang tactical
10 sergeant directs a group of officers, normally about eight, and
11 that sergeant would be more concerned with offenses that would
12 be occurring maybe around schools -- the schools are getting
13 out -- from people that would be gang members. He would be
14 concerned with any intimidation. He would be concerned with
15 graffiti on buildings because that would be an indication that
16 somebody is defining turf. And he would be concerned with
17 violent acts such as drive-by shootings. And that's where he
18 would direct those officers to give their attention.
19 Q. All right.
20 Now, you've told us about the sector sergeant, the
21 rapid response sergeant, you've told us about the tactical
22 sergeant and gang sergeant.
23 Are there any other types of sergeants or functions?
24 A. There's a neighborhood relations sergeant in each one of
25 the 25 districts.
Cadogan - direct
1303
1 Q. All right.
2 And what does a neighborhood relations sergeant do?
3 A. The neighborhood relations sergeant assists the district
4 commander in working with various community groups and
5 committees, interested citizens groups, in the particular
6 district.
7 You have a district advisory committee that has a
8 series of subcommittees dealing with court advocacy, youth,
9 many different businesses, senior citizens. And the
10 neighborhood relations sergeant works with the district
11 commander to ensure that the concerns of all those groups are
12 met. He schedules various meetings in the district.
13 And he also oversees -- I believe it's five officers
14 and a clerk, that are working in his office. And he's also in
15 charge of something that's called the Senior Citizen Medi-log
16 Bracelet Program.
17 Q. All right.
18 And besides the types of sergeants you've already
19 described for us, are there any others that there are?
20 A. There's a desk sergeant in each one of the 25 districts,
21 also.
22 Q. I see.
23 Now, what does a desk sergeant do?
24 A. Desk sergeant is responsible for the desk area, for the
25 lockup area, for the safety and well-being of prisoners in the
Cadogan - direct
1304
1 lockup.
2 He's required to make two visits on each tour of duty
3 back into the lockup to check on the prisoners, to make sure
4 that the lockup keeper and detention aides are doing their duty
5 by making their rounds and 15-minute checks to make sure that
6 the arrestees that are in that lockup are safe.
7 He's also concerned with bonding procedures that must
8 take place at the desk. He's concerned with the court papers
9 that have to be prepared to get people to go to court.
10 Citizens coming in asking for service, such as a traffic
11 accident or something, to prepare it at the desk.
12 He has to ensure that the people working the desk are
13 servicing the citizens.
14 Q. Chief Cadogan, is there a difference between the type of
15 job that a sergeant does and the type of job that a police
16 officer does?
17 A. Well, there are times when they can both be -- run into
18 situations where they may have to make an arrest, but the
19 primary difference between a sergeant and a police officer is
20 the police officer is the worker and the sergeant is the
21 supervisor to ensure that the worker does his work.
22 Q. Does a sergeant need to know everything that a police
23 officer is responsible for doing or knowing?
24 A. I believe he does.
25 Q. And why do you believe that?
Cadogan - direct