Scott Rossmiller, March 11, 2014 Paul Murphy v.

Whatcom County

1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reported by Kristen M. Uhlig Certified Court Reporter, CCR, CSR Washington CCR #1934 UNITED STATES OF DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE --------------------------------------------------------------PAUL MURPHY, together with his marital community, Plaintiffs, ) ) ) ) vs. ) NO. 2:13-CV-00727 ) WHATCOM COUNTY, WASHINGTON, a ) government entity; WHATCOM COUNTY ) SHERIFF'S DEPARTMENT; WILLIAM J. ) ELFO, together with his marital ) community, ) Defendants. ) --------------------------------------------------------------DEPOSITION UPON ORAL EXAMINATION OF SCOTT ROSSMILLER --------------------------------------------------------------9:05AM - 10:30AM March 11th, 2014 Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALSO PRESENT: William Elfo Tara Adrian-Stavik FOR WHATCOM COUNTY: Elizabeth Gallery Whatcom County Prosecutor's Office 311 Grand Avenue Bellingham, Washington 98225 FOR THE DEFENDANTS WHATCOM COUNTY & SHERIFF'S DEPARTMENT & ELFO Dale Kamerrer Law Lyman Daniel Kamerrer Bogdanovich 2674 RW Johnson Blvd SW Tumwater, Washington 98512 360.754.3480 FOR THE PLAINTIFFS: Robert Butler & Emily Beschen Law Offices of Robert Butler 103 East Holly Street Suite 512 Bellingham, Washington 98225 360.734.3448 A P P E A R A N C E S

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT DESCRIPTION PAGE EXAMINATION: PAGE I N D E X

BY MR. BUTLER.................................................4 BY MR. KAMERRER..............................................51

16....E-mail from McFadden, Dated 3/8/2008 - Murphy Memo.....23 17....E-mail from Murphy, Dated 12/31/2011 - GIG Notes.......25 With Attachments 18....Whatcom County Sheriff's Office Memo - 2/9/2012........31 Subject: Deputy Paul Murphy 19....Whatcom County Sheriff's Office Memo - 2/14/2012.......34 Subject: Mobile Computer 20....E-mail from Rossmiller, Dated 2/21/2012 - Memo.........36 21....2/10/12 - Questions and Answers........................42 22....E-mail from Murphy, Dated 6/27/2012....................47 RE: Equipment Turn-in and Property Return 23....E-mail from Rossmiller, Dated 6/28/2012................48 RE: Equipment Turn-in and Property Return 24....E-mail from Murphy, Dated 7/3/2012 - Password..........49

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

SCOTT ROSSMILLER, having been first duly sworn, was called as a witness herein and was examined and testified as follows:

DIRECT EXAMINATION

BY MR. BUTLER: Q Good morning, would you please state your name and spell it for the record? A Q A Q Scott Rossmiller. The last name is R-O-S-S-M-I-L-L-E-R.

What's your employment? Lieutenant with the Whatcom County Sheriff's Office. And how long have you been employed by the Whatcom County Sheriff's Office?

A Q A Q

The sheriff's office, 1987. Okay. Yes.

I started in the jail.

You said that you're a lieutenant?

How long have you been a lieutenant? promotions.

Walk me through your

A Q

Oh geesh. And years, I don't need the month, just ballpark. that you started in '87? You said

A

'87 in the jail and '90 to patrol. '97, I was promoted to sergeant.

Q

Okay.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A Q A Q A A A Q Q A I don't recall when I was promoted to lieutenant, probably 2003, 2004'ish. Sorry. I don't remember.

When you became a lieutenant, was it because the position opened up? Yes. Who was occupying the position before you? makes sense -- who created the vacancy? Yeah. I'm trying to remember when I was lieutenant or -I believe that it was If my question

excuse me -- when I was sergeant.

DeFreece and Tony Ferry were lieutenants. Okay. I believe that that's when Tony left and eventually Steve DeFreece retired and went to Nooksack Tribe, so I don't know exactly if there was a couple of others. And you've been a lieutenant since? Yes. What's the role of a lieutenant? What's your job function? Whether it's

The short answer is supervise the supervisors.

patrol sergeants or sergeants other than -- other units, traffic, detectives, drug task force or administrative sergeant. So depending on which assignment you have, you

either have patrol folks or the specialties. Okay. Your position is supervised directly by who?

Chief criminal deputy. Okay.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A Q A A Q A Q A Q Q A Q A A Q Currently held by Doug Chadwick. Is there a civil deputy, a civil lieutenant and you're the criminal lieutenant? No, no. Maybe a number of years ago, that's how it was set up.

I think even before I got promoted to lieutenant, there used to be one that they would call lieutenant of operations and lieutenant of services. I believe prior to my promotion that

lieutenant of services came over into operations. Okay. Two. So now how many lieutenants are there? There's always been two. You're

And you're fluid as far as what you're supervising? both doing sharing the same load essentially? Essentially. Okay. I do. How do you know Paul Murphy? He was a deputy sheriff with the sheriff's office. Okay. Do you know Paul Murphy?

Prior to the deposition today, did you do anything to

prepare? Yes. What did you do to prepare? I reviewed documents that I prepared and met with the county prosecutor. Which county prosecutor? Liz Gallery. Liz Gallery?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A A Q A Q A Q Q A Q A Q A Q A Q Okay. What did you talk about when you met with Liz?

My involvement with the -- with this case. And how long was that meeting? Wow, an hour and change. When was the meeting? Maybe a week ago. What topics were covered in the meeting? My involvement with this investigation with Mr. Murphy. Did your conversation include things that you have not memorialized, things are outside of documents that you reviewed? Not that I recall. Did you express opinions? No. Did she ask for opinions? No. Did she ask you about the credibility of others in the department and what others in the department are saying in this case? I don't specifically recall that. It may have come up, but I

don't have a -- no specific recollection of a conversation like that. Okay. Yes. How do you know Kevin Mede? Do you know Kevin Mede?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q He's a sergeant with the sheriff's office. How long have you known Kevin Mede? Since he's been hired. He came on after you? Yes. Most definitely. I don't know what that timeline is.

Do you have an opinion as to his credibility, his truthfulness? Yes. What is your opinion? I -- that he's truthful. Have you ever had any reason to question that, any issues come up where you have wondered? Where I personally wondered? Yes. No. Are you aware of other people in the department questioning his truthfulness? Yes. And how did you resolve the conflict between people in the department saying one thing and you thinking another? MR. KAMERRER: I want to insert an objection that it Nevertheless, in a

lacks foundation, calls for speculation. deposition, you can answer the question. THE WITNESS:

My personal experiences with Sergeant

Mede, plus what we learned -- what I learned during that time that we were questioning some people that had brought forward

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q Q A Q A A Q in their minds some questions as to his credibility. weighing that, I still feel that he's very credible. (By Mr. Butler) Was the -- what was the nature of the After

allegation that you investigated? One aspect was about a traffic stop that had occurred a few years earlier and another was his supervisory style. How some

people didn't think that he was as forthcoming with information in their opinion. Two separate incidents? Two separate incidents? Yes. Yes. The traffic stop information was from a -- I want to say

a couple of years prior to the information brought forward as to his style of supervision. Okay. So there have been two occasions where -- two different

events where his credibility has been at least questioned and you have looked into it and have found him to be credible? The first one, I did not look into. It was brought forward -It I

I believe that Prosecutor McEachran was made aware of it. was reviewed and it was found to be fine, acceptable. No.

did not personally look into that, but I had the information that had it been looked at and was determined to be acceptable. So you didn't do any interviews, investigation with regard to the traffic stop question? That is correct. I did not.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q Q Q A Q A Okay. Do you know Steve Cooley?

Yes, I do. Have you worked with him over the years? Yes. I was hired before Steve as well so yes. I have worked

with him since he's been here with the sheriff's office. Most of the people that I'm going to ask you about you predate. The same series of questions. credibility and truthfulness? Yes, I do. And what is that opinion? Very honest. Very credible. Do you have an opinion about his

And you're aware that he admitted to furnishing to a minor, which is a crime in the State of Washington; correct? Yes. On numerous occasions; correct? MR. KAMERRER: (By Mr. Butler) Objection, vague. Go ahead.

He furnished numerous times; correct?

It was more than one or two, yes. And that's not a problem for you, to have a deputy who is knowingly violating the law? MR. KAMERRER: THE WITNESS: investigated. Objection, argumentative. The situation was looked at. Go ahead. It was

It moved through the system.

He received

discipline/punishment much like the judicial system does, and we moved forward.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q Q (By Mr. Butler) Okay. Are you aware of other deputies who are

employed or recently employed, who have admitted to committing crimes who are still employed? Say that again? Sure. Are you aware of other deputies in the sheriff's

department, either currently employed or recently employed, who have admitted to committing crimes and they retain their employment? Admitted to committing a crime. Not that I'm aware of.

So you would agree that Cooley is unique in that? MR. KAMERRER: I want to insert an objection that is Go ahead. He is the only

vague, overbroad, argumentative. THE WITNESS: one that I'm aware of. (By Mr. Butler)

In my experience, yeah.

When he furnished alcohol to the minor, do you

remember what his rank was? I believe lieutenant. Was he after that, moved to be the inspector? He may have been sergeant, but ultimately yes. Where you're

going is that he was eventually moved to inspector after the incident. Okay. Yes. Have other deputies had a problem with that as far as the organizational decision to promote a person who admitted to Was that considered a promotion in the department?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A A Q A Q Q committing a crime? MR. KAMERRER: Objection. Vague, overbroad,

argumentative and calls for speculation. (By Mr. Butler) about that? I have heard some people talk. Okay. matter? I did. Okay. Do you know why -- can you explain why he wasn't Did you participate in the investigation into the Cooley If you know, have you heard deputies complain

prosecuted if you were participating in the investigation? It was not our jurisdiction. It was in Whatcom County; correct? It was in the city limits of Lynden. Okay. So Lynden had primary jurisdiction. My involvement with that

investigation, Chief Edge had done the initial interview and I can't remember her name, the woman -- Cavender, Cavendish? Any

way, he had conducted an interview with her and I believe that it was by phone since she had already been stationed some place else. I received that information, reviewed that and then had a discussion with Cooley and ultimately interviewed him. But

as far as the prosecution goes, that was Lynden's decision. That -- they had primary jurisdiction on that.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q Q A So you were -So that information was provided to the Lynden Police Department. You were aware that he furnished in other areas than just Lynden city though; correct? I was aware that it was Lynden. other places? In your investigation, did you learn that there were occasions where he provided alcohol outside of the city limits of Lynden or was it your understanding that it was only in his home in Lynden? I guess that I would have to look in the investigation. That -- I don't remember that, that it was outside the city limits of Lynden. All right. Yes, I do. Have you worked with Jeff? Yes. My entire time. He has been here longer than me. Do you know Jeff Parks? You're telling me that it was

He's the one.

Do you have an opinion about his credibility,

his truthfulness? I do. And what is that opinion? Very honest, very straightforward. with him. Okay. How about Flynn? Do you know Flynn? I apologize that I I have never had a problem

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q wrote down last names. Larry Flynn, I believe? Larry Flynn, a sergeant with the sheriff's office. Yes. Yes, I do. Have you worked with him? Yes. My entire time. I don't know everybody's first names.

Do you have an opinion about his honesty and truthfulness? I do. What is your opinion about his honesty and truthfulness? That he's honest and truthful. Have you ever had reason to question his honesty or his credibility? Not that comes to mind. Okay. I mean, there are some people who we think are honest

and if they say something, we can just take it to the bank. Mm-hm. It's no second thought. Mm-hm. And there's other people that we think are honest that we're going to think about a little bit, we're going to wonder and we're going to check on. So with regards to Larry Flynn, is he the kind that he says it, that's banked? Or is he somebody that he says it and

you're going to think about it a little bit, but you still

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A A think he's credible? Now, there -MR. KAMERRER: I'm going to insert an objection that It's argumentative and it lacks

it's vague and overbroad. foundation. Go ahead.

THE WITNESS:

The reason that I paused is that Larry So he

is another person that's been here longer than I have.

and I have had a lot of -- he was my supervisor in detectives, for instance. We have had a lot of interaction. He is one of

those people that I do take it to the bank. when he brings somebody up.

I don't question

Again, the reason that I paused is I'm trying -- I was trying to think of an incident where I haven't just -- oh okay, that's what Larry is bringing forward, we'll take it at face value and put it in the bank as you say. (By Mr. Butler) Correct. Have you worked with him? Yes. And do you have an opinion as to his honesty and truthfulness? Yes. What is that opinion? Jason is honest. He's a good cop. He is not -- he's very well He sometimes, in Okay. Is it Jason Nyhus? Deputy Nyhus?

versed in what he does with K9 applications.

my opinion, gets right to the edge of what searching may or may

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q Q A not be able to do. But on that point, he is also very up to date, because that is his job every day. I'm not as up to date as he is when

it comes to search and seizure, because those laws change almost monthly. Mm-hm. So when it comes to detention and searching on a stop, what you can do this month versus what you could have done six or eight or ten months ago, that changes. knowledge. with this? be. If I distilled down, you see Jason as having a command of that? Correct. Harris, is it Deputy Harris? Deputy. Deputy Steve Harris. Yes. Yes. Do you know him? Sergeant Harris? I might not have that

So that causes me to -- hold on, where are we at Where are we at? In the -- whatever that topic may

Yes, I do. Have you worked with him? Yes, I have. Do you have an opinion as to his truthfulness and honesty? Yes. What is that opinion?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q A A Q A A Q When it comes to work, he is very truthful and honest. That seems to be a new distinction from the previous five people that I have asked you about. That is correct. Can you explain that? I have had an occasion a couple times, not duty related, to find out information from Deputy Harris -- again, not work related stuff -- that I know not to be true. Can you give me an example? Specifically statements that I supposedly made in conversations that I have had with him over the years, knowing perfectly well that we never had that. And he would proponent -- pass it

forward that we had had that conversation. But not work related? Correct. Jeremy Freeman, do you know Jeremy? I do. Have you worked with Jeremy? I have. Do you have an opinion about his truthfulness and credibility? I do. And what is that opinion? I question his truthfulness and credibility. Why? Because he's lied to me.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q Q A Q Q A In what capacity? After he went to the Lynden Police Department, I had occasion to talk about him, reference a couple of different topics, and I'll try to put these -- reviewing the K9 training aids for narcotics. We did a review of the policy, so I had some And then there was also

questions for him after he had left.

discussion with -- with Jeremy referenced the -- he had our K9 and still had that dog at home and we were trying to work out the transfer of ownership and payment for that dog. Have you ever been K9? No. Okay. I have not. So just trying to capture the last one -- when Jeremy

left the department, the dog went with him? Yes. What was the dog's name again? Sure. I don't -- I'm sorry. I don't remember the dog's name. So the dog

I remember Duce.

I don't remember his new one.

went with him and the county wanted him to give the dog back? No. There was -- we had discussions about dog use. There was

still use of that dog.

He and his family wanted to purchase

the dog, so we were -- we were having discussions on what a fair price would be and the exact transfer of how we would do that. Because by definition, that K9 -- my portable radio, if

you take the battery off, there's a bar code, so it's a county tagged asset.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q Q A Q A Right. That K9 is a county tagged asset. that. Right. Granted, the dog does not wear a bar code, but there is one associated with the dog. It's probably clipped. Yeah -- I don't know if he is or not. So when he went to Lynden, he didn't go to Lynden as a K9 with the dog in-service for the Lynden Police Department? That is correct. He did not go as a K9 handler. He basically So we can't just, here, take

So we have to go through disposal and things like that.

has the dog as a pet. Right. Okay. And that's fairly common in the K9 world?

Pretty common. It's unusual that dogs after a period of service transfer handlers; correct? I'm not -- I'm -Did that get resolved? It did. Any other reasons that you question his truthfulness? There were sometimes requests, I believe, with Sergeant Larson that she had exchanges with him that needed to be vetted as far as her side of the situation and his side of the situation and looked into. Okay. As a superior of his, did you ever question any of his

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A A Q A Q reports or any of his work as being lacking in truthful or credibility? No. Not that I recall.

What was your involvement, if any, with the Wiederspohn matter that Freeman and VanderVeen were involved with? Remind me which one Wiederspohn is? That was the one that resulted in the substantial civil verdict against the county that was the rickety porch entry. No -- yes. Thank you. No. I don't think that I had any

involvement in that. very superficial. Okay.

And if I did, it was very early on and I didn't interview.

I didn't investigate.

So that doesn't come into any truthfulness or

credibility issues with you with regard to him? Correct. Trevor VanderVeen, do you know him? I do. Do you have an opinion? Yes, I have. Do you have an opinion about his truthfulness and credibility? Yes, I do. And what is that opinion? I think that he's a good cop. I think that he's truthful. As Have you worked with him?

I mentioned about Deputy Nyhus, Trevor also is a hard charger in knowing what the up to date latest rulings are in his situation.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A A Q A Q A Q A Q A Q A Q A Q A Q A Q Q Okay. Have you ever had complaints or had reason to question

from other people about Trevor's credibility or truthfulness? Not that I recall. Okay. Yes. Steve Roff, do you know Steve Roff? I do. Employed with the sheriff's office; correct? Correct. All right. He's currently a detective. Have you worked with him? Is it Steve Roff?

I have not worked a case directly with him, no. Have you been able to form an opinion about his credibility for -- and truthfulness? Yes. What is your opinion? That he's credible and truthful. Taddonio, Deputy Taddonio. I do. Have you worked with him? Not cases directly. Okay. Have you been able to form an opinion as to his honesty Do you know him?

and credibility? Yes. And what's that opinion? He's honest. He has integrity.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q Q A Q A Q Q A Okay. Any reason to question it that you've heard of? Taddonio

Again, I go back to the use that I use with Nyhus.

was one of the members of CIT, Criminal Interdiction Team. They are a proactive unit. They are expected to go out and if

we have warrants, probable cause for an individual for something, it is -- go find them. known areas where paths may cross. He too stays up to the minute on search and seizure, what you can and can't do when it comes to specifically that. He prior to his -- prior to his appointment in K9, I mean, he lived that every day. Some people have questioned, well, you can't do that or you pushed that too far and every time that that's even been questioned, he's -- from what I know -- well within the boundaries of acceptable. Okay. Mm-hm. Do you know her? I do. Have you worked with her in your capacity in the sheriff's office? I have. Have you been able to form an opinion as to his truthfulness and honesty? I have. Beth Larson? And also drug trafficking,

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q Q A Q A Q A Q A Q A Q What is that opinion? She's truthful and honest. Take it to the bank type? Mm-hm. Or do you have a question? No. I can take it to the bank.

Deputy Funk, do you know him? Yes, I do. Have you worked with him? I have. And have you formed an opinion as to his credibility, truthfulness and honesty? I have. And what is that opinion? Very truthful and very honest. When you met with Liz Gallery, did you talk about any of those people that we just listed off? Again, not that I specifically recall. All right. (Marked Deposition Exhibit No. 16) (By Mr. Butler) Exhibit 16. I'm showing you what has been marked as

We're continuing the numbering from yesterday's This

deposition, that's why you're not starting with one. purports to be an e-mail from Kevin McFadden to you on March 7th, 2008 regarding a Murphy memo.

Do you see that?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q then... THE WITNESS: (By Mr. Butler) Okay. A Q A A Q A Q Mm-hm. Who is Kevin McFadden? A sergeant with the sheriff's office. Okay. Do you recall in preparing for your deposition today,

reviewing this e-mail? I could, but I don't specifically remember it -- I don't specifically remember reviewing this in getting ready. Okay. If you want to take a second and read it if you can. This is dated 2008, it involves Do you

The question that I have is:

Paul Murphy and the transition of computers with Roff.

recall a transition of computers between Murphy and Roff? Yes, I do. MR. KAMERRER: Go ahead and read the whole thing and

This e-mail would indicate that as of March in

'08, you were aware that Murphy was concerned about investigative files on his computer being secure. recall that? I don't remember having a discussion or any interaction with Paul that he thought that his stuff was secure. Maybe I misunderstood what you asked. You don't recall Paul being concerned about the security of his investigative files? I guess that I don't have a specific incident in mind. I do I'm sorry. Do you

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A Q Q A Q A A Q A Q Q recall that he wanted to continue on in the investigation. The last paragraph is instructing Paul to transfer the hard copy to Steve and remove the data from the shared drive and he didn't feel that it was secure enough and he put the data on thumb drives in the safe? The shared data which we didn't feel was secured enough. Is that what it says? It says we. Right. Do you recall conversation about the question of

security of documents on the shared drive? Not specifically. and those involved. But obviously it was a concern with McFadden He's -- when he says we, he's writing

this -- I don't think that he's including me in this we. No. Okay. You were -- you were being made aware that there was a concern about security on the shared drive? According to this, yes. Are you aware of other files that are kept on thumb drives as opposed to the county computers? I'm not aware of any. (Marked Deposition Exhibit No. 17) (By Mr. Butler) Showing you what's been marked as Exhibit 17. I didn't mean to imply you.

This is an e-mail from Paul Murphy to you and others on December 31st, 2011. GIG notes for December of 2011 with the

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A A Q A Q A Q A note on the front saying, "Some interesting Bandidos and HA intel in this one." Do you recall receiving this e-mail? I don't know if I specifically

It looks vaguely familiar.

remember it, but it's addressed to me, so I don't recall the date that I received it. Okay. Are you familiar with the Gang Intelligence Group?

Prior to seeing this, no. So the Gang Intelligence Group prior to sitting in this deposition is not something you are familiar with? No. Prior to this e-mail during the -- so back in 2011, no.

Gang Intelligence Group is not something that I historically know of prior to this. Okay. Have you become aware of it since or is it just a one

time, I got this and that's all I know? Since this time, I am aware of it, since 2011 when this came out. Are you familiar with the Patrol Intelligence Group? That, I knew of and was aware of prior to the Gang Intelligence Group. What was your understanding of the Patrol Intelligence Group? The first time that I became aware of that group was information that was brought forward, I believe that it was from Mr. Murphy in another e-mail like this, because there is a document that is quote, the PIG, Patrol Intelligence Group, that got forwarded on.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A A Q Q A Q A A Q Do you recall in December of 2011 when you got this, if this was a prop that Paul was forwarding information to you, regarding the GIG and the PIG? Without looking at the exact e-mail flow and dates and times, the short answer is, yes, that was a problem. What was the general nature of the problem? One of these -- at least one of these documents was forwarded from his home e-mail. Okay. Which, he had been talked to prior to that, don't do that, don't use your home e-mail for county business. Okay. Had he been allowed to do investigations into the gang

stuff at this point? What exactly he was investigating while he was in detectives, I couldn't tell you exactly what he was or wasn't doing. Okay. In December of 2011, was he in detectives? I would -- we would have to look at his

I don't recall. rotation dates.

So if he's not -- follow me with this. Okay. If he's not allowed by the county to be engaged in investigations into the Outlaw motorcycle gangs or something like that, how would you expect him to communicate information that he had about an investigation? MR. KAMERRER: Objection, calls for speculation. Lack

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q of foundation. THE WITNESS: (By Mr. Butler) Yeah. I --

You were aware in December of '11 that he was

under the microscope by management; correct? MR. KAMERRER: under the microscope. ahead. THE WITNESS: answer that. Yeah. I'm not sure how that -- how to I'll object to the use of the term, It is ambiguous and argumentative. Go

I -- under the microscope, this Patrol The fact that it has the

Intelligence Group e-mail came out.

word intelligence -- an intel file is different than an investigative file. brought forward. We, Whatcom County, don't have a representative within this group. group. I'm not aware that we ever sent anybody to this I was not aware of this group until it was

We didn't have a chance to vet the information prior to I called and I don't remember the officer's She was the

it going out. name.

I think that she was with Burlington PD.

contact person for the PIG. Mm-hm. I asked her who she sent that to and how we were getting it. believe that she said Derek Bogle. I

Derek Bogle, who was one of

our deputies, used to work down in either Burlington or Mount Vernon. I asked her who -- if she knew Paul Murphy. She had

no idea who Paul Murphy was.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q I asked her if she had, you know, did he contribute anything to the group? aware of who he was. Was he -- she said no. She wasn't

So the concern that I had with this We want to And

coming forward is that we had a vetting process.

look at it and make sure that it's credible information.

when it's called intelligence, you just don't get to forward that on. There are specific -- it's not WAC, CFRs that cover That's a problem just forwarding

the handling of intelligence. intelligence on. (By Mr. Butler) Okay.

I'm a little confused.

I'm not going

to spend a lot more time on this, but is there a problem with law enforcement learning about these Joe Ortiz or Molina or Rodriguez-Roman that management has to dictate down what information is known? MR. KAMERRER: it's vague. (By Mr. Butler) have vetted it? MR. KAMERRER: testimony. THE WITNESS: The distinction that I'm trying to make Objection. Misstates his prior Why don't you want the information unless you I'm going to insert an objection that

is that there's difference between an investigative file and what is called intelligence. An intel file is not something by You don't get to put that

law that you can just disseminate. out.

RCW -- excuse me -- CFRs dictate that you don't do that.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q A Q A Q That file is held specifically, and it's behind a locked door. And there's only two people -- one or two people within an agency that can specifically have access to that when it's called intelligence. Back to your question of whether we should know that Hernandez or whoever is in this bulletin -- and that they're bad guys and they do bad things to citizens and to law enforcement -- yes. (By Mr. Butler) That information needs to get out.

Did you have that before Paul gave it to you?

Did I know of some of these names before Paul gave this to me? Did you have this intelligence before you got it from Paul? MR. KAMERRER: I want to insert an objection. It's

vague, overbroad and confusing. THE WITNESS: Back to my example. There's a

difference between something that's called intelligence -(By Mr. Butler) Right. Did I know that certain people

-- versus investigative files.

were Hells Angels and certain people were Bandidos and certain people were this? Okay. Yes.

I guess that another way of asking the questions is if

you are off duty and you observe a crime, have information about a crime, are you not allowed to share that with your department because you were off duty and you didn't learn it while you were in the furtherance of your job? MR. KAMERRER: Objection. Vague, overbroad,

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q Q A Q Q A Q Q argumentative. THE WITNESS: duty is not it at all. (By Mr. Butler) No. That's my question to you. If you're off The difference between on duty or off

duty -- you're on vacation, you're down in California, and you see somebody who is a known wanted person. Mm-hm. You're not going to apprehend them because you're on vacation. Is it your position that you can't share that information because you're off duty? MR. KAMERRER: THE WITNESS: (By Mr. Butler) Okay. Same objection. I would share that information. And can you use your personal phone or

your wife's phone or your son's phone to convey that information? Yes. Okay. (Marked Deposition Exhibit No. 18) (By Mr. Butler) No. 18. Showing you what's been marked as Exhibit

This is a memo from David -- Deputy David Scott to you Do you recognize the memo?

on February 9th. I do.

The subject of the memo is his telling you what happened at a SECTOR training on February 7th. Yes. Do you recognize that?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A A Q A Q A Q A Q Q A Q A Q Q Why did you request David Scott to do this? MR. KAMERRER: (By Mr. Butler) memo? Yes. Why did you request David Scott to write this memo? Information had come forward that Murphy had made some comments during this SECTOR class that there was information that -- on his computer that he did not want IT to have access to. Okay. Who gave you that information? You say that it came Objection, lack of foundation.

Did you request David Scott to write this

forward? I believe that I got it from Sheriff Elfo. Were you at the SECTOR training? Was I in the class? Yes. No. Do you know if Sheriff Elfo was in the SECTOR training class? I don't believe that he was. Tell me about how you were assigned then, if neither of you were in there, to request David Scott write this memo, if you know? They observed this behavior. They being who? I'm sorry. training. Rodger Funk was the other instructor during this

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q A A Q Q Q A Q A Okay. Exactly how it got there, I don't personally know. What were you told as to how it got there? The sheriff told me that he had received information. assuming that they -- David and Paul -- excuse me. I'm

David and

Rodger had informed him or somebody else who then informed the sheriff. Just so that I'm clear -- and I think that we can move on. Do

you know who told the sheriff about what happened at the SECTOR meeting that you are tasked with investigating? I don't specifically recall. Okay. Do you recall any conversations with Sheriff Elfo about

this when he gave you the assignment? Yeah. In my -- in my memo, we had a discussion and it was

decided that we would get that information of what occurred from David Scott and Rodger Funk. Okay. Was this discussed with Liz Gallery in the meeting that

you had with her? MR. KAMERRER: THE WITNESS: Objection, vague. I don't specifically recall. I mean,

it's part of the file, so it's possible.

I don't specifically

remember reading this memo with Liz Gallery. (By Mr. Butler) Do you recall talking about the investigation

of the SECTOR class? Yes.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q Q And do you recall discussing how you knew the information? gave you the information to get the investigation started? Yes. Did you recall telling Liz more than you have told me today, as to how you knew to contact Funk and Scott through Elfo? Elfo knew to tell you to do that? No. Okay. (Marked Deposition Exhibit No. 19) (By Mr. Butler) Handing you Exhibit No. 19, which is a memo How Who

from you to detective -- or Deputy Murphy on February of 14th, 2012, do you recognize that? I do. Is this a document that you reviewed prior to your deposition? I don't believe so. Okay. Do you recall writing it? I think that the answer

Just let me read through it, but yes. is yes. Okay.

Was this of your thought and doing or were you directed to do this? This -- to put in context of the timeline from what I recall, this memo accompanied the computer that was given back to Mr. Murphy after the initial one was taken. This allowed him, that

computer in this memo here, go back to patrol. Okay. There's no policy referenced in this; correct?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q Q A Q A Q A Correct. reference. Is there a policy in -- was there a policy that you could have cited in this memo regarding what's contained in this memo? Probably. Are you aware if there was or not at that time? There is a policy from IT or from Whatcom County that refers to the use of county owned computers and the technologies. Did you define in the last sentence of the first paragraph, you are not authorized to make any changes to the computer? you define what that meant? No. Is there a definition in the policy that you just referenced as to how that is defined? Say that again? You said that there's a policy? A county wide policy. That's not referenced here; correct? Correct. Do you know if that policy that you're referring to defines what changes -- the word changes to the computer? means? I am not aware of it. Do you have an opinion as to what you intended when you wrote those words? What that Did In this memo, no, there is not a specific policy

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A A A Q Q A Q A Q Yes. What's your -- what was your intent? The changing of any of the issued hardware or software. Okay. (Marked Deposition Exhibit No. 20) (By Mr. Butler) Showing what's been marked as Exhibit No. 20,

this is an e-mail from you to Doug Chadwick on February 22nd, 2012, "Subject: Mm-hm. On Page 2 is a memo from you dated March 5, 2008 to Chief Parks. Do you recall these two -- sending an e-mail to Memo." It says, "Attached from 2008."

Chadwick in February and attaching the memo that's Page 2? I remember the attached memo. I don't specifically have a Obviously, it

recollection of attaching this to Chadwick. appears that I did that in 2012. Okay. Mm-hm.

Let's look for a moment at the memo from '08.

You met with Murphy and asked to look in his computer; correct? Correct. That's -- I'm referring to essentially the second paragraph. Mm-hm. Where were you when that happened? Where? Where were you when that viewing of the computer took place? Where were we physically?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q Q A Q A Q A Q Q Q A Physically, where were you? At that point, we were at the traffic in the Cascade -- prior to moving to Laurel Fire Hall, we had an office within the Cascade Business Park. Within that set of offices, traffic had There was a meeting table

a room and we were in that room. there, I think. Okay.

Did you ever find anything that was inappropriate on his

computer in '08? No. And you looked in '08; correct? I did. You were aware in '08 that he had concerns about trusting IT? He made that statement. Was there any policy violation in '08? MR. KAMERRER: (By Mr. Butler) Object, vague.

Did this memo -- was there a policy violation

that was related to this memo and your investigation of this? No. Back to the e-mail, do you know why you sent this in 2012, an '08 memo? I do not. Are you aware of an investigation going on into Paul Murphy that Chadwick was conducting and caused him to ask you for this? I wasn't aware that Chief Chadwick was investigating anything

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A A Q Q A A Q A Q Q different than what we were working on when it came to why we're sitting here today. Okay. How well known would you say in the department Murphy's

opposition to Elfo and the election was in the department? How well known was it in the department? Yeah. It wasn't a secret, so it was known. Okay. Were you aware as a lieutenant that Elfo had tasked

Cooley and others to monitor Murphy's Facebook and other web postings? I'm not sure that I was aware that he, the sheriff specifically, told people to do that. Murphy was posting things. I was aware that Mr.

He had a page -- I can't remember

the name of it -- that other people were talking about seeing information on. Okay. Had you ever looked at the Un-Elect Elfo or Boot Elfo

Facebook page? No. Are you aware of a Whatcom County Sheriff's Office Facebook page? Yes. Have you ever been or are you administrator of that page? No. And have you ever posted anything on that page? No.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A A Q Q A Q A Q A Q A Q On March -- sorry. from Paul Murphy? What year? I'm sorry. 2012. On February 20th, did you take a computer

It sounds about right. You met him at the Laurel Station? Yes. I did meet with Paul at the Laurel Station.

With Beth Larson and Chief Edge? Correct. I don't remember the exact date is why I'm

questioning it. Did you review in preparation for your deposition your testimony to Inspector Cooley that was taken on March 22nd, 2012? Yes. So focussing on the February 20th meeting at Laurel Station where you took his MDT. (Witness Indicating). Why did you do that? Who told you to do that?

I believe that earlier in the day, there was a discussion in the conference room. attendance: There was a number of people in

Myself, the sheriff, and the undersheriff, and I I believe Dan Gibson from

believe Chief Chadwick was there. the prosecutor's office was there.

The discussion was -- during the discussion, it was determined that we would -- I would meet with Paul and get his

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A A Q A Q computer. Okay. What was the reason that the five or six of you decided

that you needed to get his computer? I can't remember what their reasoning was now. reasoning was. What was discussed? was. The potential for information on that computer to have been accessed outside of the county network that a county issued MDT comes with, for instance, access allows -- access is the program that goes via the State Patrol for obtaining information is not generally -- or is not available to the public. Right. It goes into a secure website and it goes into secure service, et cetera. There was question and concern that that may have And then we'll get to what your reasoning I know what my

been compromised via that computer. What was the source of the concern that it was compromised? The deduction of what was learned in the SECTOR class that Funk and David Scott had brought forward, referenced Murphy's statements, information about Murphy saying that he had cloned the drive or copied it. If there was more than one of that, my

understanding is if that drive is cloned or copied and is then put into another machine, then that machine would access those other systems without authorization.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A A Q Q A A Q A Q Q Okay. Do you recall there being discussion in that meeting

about his burning the Koran reference and not apologizing for that? I'm sorry, say that -- burning the Koran? Do you recall in that discussion concern about his posting about not apologizing for if the Koran were to get burnt? I don't have a recollection about that. Do you recall that being discussed at any time that people were concerned about his beliefs and views were outside the norm? I don't have any recollection of any specific conversations about burning the Koran. Okay. Was Murphy given advance notice of, we're going to come

meet tonight and take your MDT, so please meet us in 10 hours so we can get your MDT? Was he given advance notice that he

was going to have his computer taken? No. And to your knowledge, what was the result of searching the computer? I didn't have anything to do with searching the computer. Did you hear the outcome of this review of his computer? I don't specifically remember that. my involvement was. And later in March, you participated in suspending Paul Murphy; is that correct? I don't remember the exact dates, but yes. That wasn't part of what

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A Q A Q A Q Q A Q A Q (Marked Deposition Exhibit No. 21) (By Mr. Butler) Exhibit 21, is that your handwriting?

On this first page? Yes. Yes, it is. Do you recall being, on 2/10/12 at approximately 2010 hours at Laurel Fire Hall with Paul Murphy? Yes, I do. Does that refresh your recollection as to the date that you wrote on this form? Yes, it does. Okay. Yes. This is a three-page document. The first question, you're Did you review this with Liz Gallery?

directing him to power down the computer and hand it to you. We've already discussed that you didn't give him notice ahead of time on that; correct? When you say notice, no. 10 hours in advance? No. Your earlier example, did we tell him His sergeant -- I believe that it

was Sergeant Larson that night when Paul came on duty, asked him to come meet us at the Laurel Fire Hall -- meet her at the Laurel Fire Hall. Okay. So he had no opportunity to do anything to his computer On that particular

because it was a surprise to him; correct? shift?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q A Q A Q A Q A Q A Q Q A Whether he did anything to it prior to, I don't know. did not tell him ahead of time. Okay. You asked him, is there a power-on password? He said, I do. Is that your Write it But we

down and give it to me? handwriting? Yes.

And the power-on password is on Page 2? Correct. And then -- so he gave that to you? Yes. County log-on user, and that is what is referred to on Page 3? That's correct. And he gave that to you? He did. Okay. He told you that that's the county issued hard drive in

the computer? I read him that question. And he said yes? Correct. Do you know subsequent to that if that was true or not? anybody told you -- I understand that you didn't do the forensic work -- but has anybody told you whether it was a county owned hard drive in the computer that you seized that night? I believe -- I heard that it was not. Has

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A A Q Q A Q Who did you hear that from? Um, Chief Edge. Okay. You are ordered to turn over any cloned or modified hard

drive to you and he said that you don't have one? Don't have one. There was an internal done where Chief Cooley was interviewing Murphy in May. Yes. Can you explain why you were there? Yes. Why were you there? I had been involved from this early on, so I had an overview of the whole situation. Primarily, my focus was to follow along Do you recall that?

with the questions that Inspector Cooley was asking. The questions were written out ahead of time and numbered. I focused on the question that he was asking and

then was looking at the next question in the list, making sure that those questions that he had were asked. During interviews, as you were probably aware, you have a train of thought and you're going down. But then the

conversation sometimes turns and I just wanted to make sure that -- when we discussed it ahead of time -- to make sure that we got back on track and stayed with and made sure that all of the questions were answered. But you were a witness in the investigation; correct? I mean,

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A Cooley. (By Mr. Butler) So -A Q Q A Q A Q A some of the allegations, you were like, a witness to; correct? I -- as far as what the allegations -- I mean, I got -- I got Paul's computer. Okay. Yes. The guild objected to you being there. On one occasion, yes. Okay. I'm curious if the role that you played was to make sure Do you recall that? Yes. I did do that.

You were a part of the surrendering his firearm?

that Cooley asked the questions that were written, and this is a recorded statement. Is that because the department doesn't

think that Cooley can follow a script? No. Okay. Was there nobody else in the department who wasn't part

of the underlying allegations investigation who could have sat in and babysat Cooley to make sure that he asked the questions? MR. KAMERRER: and lack of foundation. THE WITNESS: Nobody needed to baby sit Inspector Objection. It's vague, argumentative

Part of the reason that I sat in was also to clarify any information that he was not aware of. And is that proper protocol in an investigation? To have somebody with knowledge of the case available, yes. So this isn't an independent investigation by Cooley?

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A A Q Q ahead. THE WITNESS: (By Mr. Butler) Yeah. I -Q A Q A Q MR. KAMERRER: THE WITNESS: Objection. Vague. Argumentative.

Cooley's investigation includes a number

of different pieces of information, some that were obtained by me. Some that were obtained by Chief Edge, some that may have It's multiple sources of information that

been obtained by IT. Cooley uses. (By Mr. Butler) Okay.

Did he interview you?

He -- Inspector Cooley? Yes. Yes. And why did he interview you? MR. KAMERRER: Objection, calls for speculation. Go

Did he interview you because you had

information about the investigation that he was conducting? Yes. Why didn't you do the investigation and have -- why didn't -why did you have Cooley do the investigation instead of yourself? I don't -- I don't have input on who does the investigation, that's not my role. Were you tasked with sitting in on the interview or was that your own doing? I was tasked.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q Q Q A And who tasked you to do that? I don't remember if it was a specific person or if it was part of the discussions that we had meeting with the various people involved, as I mentioned earlier, the sheriff, undersheriff, the prosecutor's office, myself, Chief Chadwick. So those all endorsed, if you will, the idea of you sitting in Cooley's investigation of Paul Murphy? MR. KAMERRER: THE WITNESS: Objection, misstates his testimony. I guess that I -- whether they endorsed

it or not, I don't know what they -- they did not object. (By Mr. Butler) They knew. -- that you were going to sit in on the interview? Yes. And none of those people said that that's a bad idea? Not that I recall. Do you recall when you were interviewed, before or after Murphy was interviewed? I don't. Okay. Sure. (Marked Deposition Exhibit No. 22) (By Mr. Butler) Showing you Exhibit 22, an e-mail from Murphy Rely on the records of that? They knew before you sat there --

to you and others, on June 27th. Mm-hm.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A A Q A Q A Q Q Q A Q Q A Do you recall that? I recall having a couple of exchanges with Mr. Murphy reference equipment, yes. Okay. Had he been separated at that point? I don't remember the exact date.

Again, I -- I believe so. Okay.

(Marked Deposition Exhibit No. 23) (By Mr. Butler) Exhibit 23 is an e-mail from Chadwick and you

and Murphy the next morning regarding -- well, do you recognize Exhibit 23? There's actually a couple of e-mails on there.

Let me play catch up here, just a sec. They start bottom to top. Okay. Yes. Was Paul

Do you have any problem with this communication? being hostile, obtuse? exchange? No. Okay.

Anything from your recollection of this

It starts off at the bottom that you're telling him that

the shop removed the mag-lite and the charger, that you're going to pick those up, and you also have the CD/DVD player from the MDT and that a drive had been removed and swapped out; correct? I don't specifically remember, but okay. Well, you had the CD player? Yes. Whether it was an external or an internal, I don't

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Q A Q A Q A A Q A Q Q recall. Okay. But, yes, I had something from it. And then there's a field receipt for the gun, total What has

equipment of 725 and he responds, "10-4 on the items.

either been depleted, lost or destroyed will be annotated on your form as such and I'll have a copy to turn in." deduct the $725 from payout. Yes. Do you recall that? Yes. And then you respond in the morning, that was 5:55 PM, and then the 28th in the morning, Payroll has already been submitted so you can't make the deduction. You are going to need a check, Do you recall that communication? Do you see that? Please

money order -- cashier's check or money order and does 4:00 work? Mm-hm. Did that happen? We eventually did meet, yes. Okay. No. (Marked Deposition Exhibit No. 24) (By Mr. Butler) Exhibit 24 is e-mail exchange Any issues or problems with that? Do you recall that? (As Read).

between yourself, Mr. Murphy and Mr. Dalquest on the 3rd of July 2012. Yes. There's essentially three e-mails there? Do you see that?

BMA Court Reporters, (425) 252.7277 3206 Wetmore Avenue, Suite 12 - Everett, Washington 98201

Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 // A Q A Q A Q A A Q A Q A Q Yes. Do you recall having any communication with Murphy with regards to accessing the computer, the password issue? Just from this e-mail. So you don't recall -- other than this, you don't have any independent recollection of -No. Do you know why you were tasked with that, being the communication person? Again, specifically, no, but I was the one following up with Paul on the final equipment exchange. Okay. He provided it to you in response there at the top;

correct? Correct. And to your knowledge, did that resolve the issue for Dalquest? Yeah. Just because -- there's no more. I don't specifically

recall if that did or did not. Do you recall in December of 2011 rumors that -- or any time before two-thousand -- before December of 2011 that Murphy was going to resign? I don't -- I don't specifically recall anything that Murphy was going to resign. MR. BUTLER: MR. KAMERRER: Okay. Nothing further.

A few questions for clarification.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q BY MR. KAMERRER: Q A Q Let me draw your attention to Exhibit 16. 16. I'm focussing on the last paragraph there, if you want to read it to yourself, just to refresh your memory. Mm-hm. I will ask you a question about that. Okay. Did you have concerns about the security of the shared drive that law enforcement used? Do I? No. EXAMINATION OF SCOTT ROSSMILLER BY MR. KAMERRER

Did you then? No. Okay. So in the sentence that says that, I instructed Paul to

transfer all of the hard copy data over to Steve and remove data from the shared drive, which we didn't feel was secure enough -- that does not reflect your opinion of the security of the shared drive, does it? That is correct. It does not.

And this was something written by Sergeant McFadden, not you; correct? Correct. Did you question the security of the shared drive after

BMA Court Reporters, (425) 252.7277 3206 Wetmore Avenue, Suite 12 - Everett, Washington 98201

Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q Q Q A A A Q A Q receiving this e-mail? No. Do you know whether Sergeant McFadden was concerned about the security of the shared drive? I do not. Let's see. Exhibit 17, the first page of that. Was this

e-mail that was sent to, Commissioned Deputies Spencer Kope and Scott Rossmiller sent from Murphy's personal home e-mail? I don't know if this specific one was. one of the PIG bulletins was. Okay. Because it, you know, was from and then it would have his, you know, e-mail address out the back end. this one specifically came from. Okay. By sending to commission deputies as this is addressed, So I don't know where I do know that at least

does that mean that it's going out to every deputy of the Whatcom County Sheriff's Office? Correct. Who is Spencer Kope? The crime analyst. And he's a member of the Whatcom County Sheriff's Office? That is correct, yes. Was it the use of Mr. Murphy's personal home e-mail that raised concerns about the dissemination of the attachment there, the Gang Intelligence Group information, and the Patrol

BMA Court Reporters, (425) 252.7277 3206 Wetmore Avenue, Suite 12 - Everett, Washington 98201

Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q Intelligence Group information? raised? Was that the concern that was

In other words, that his home e-mail was not a secure

law enforcement controlled system? That was one concern, yes. Okay. Do you know what partitions are in the computer?

Very little knowledge but, yes, I think that I understand. Okay. Turning to Exhibit No. 20. When you examined Mr.

Murphy's computer in 2008, did he start up that computer? He did. Did he open the computer to a particular section for you to look at? Yes. What was the section that he opened it to? The main screen came up and then he went into the files. Could you tell whether he had partitions on his computer and several different locations for files? No. Did you look at more than one partitioned area of that computer? No. When Murphy returned to the patrol division after being the property crimes investigator, he swapped computers with Deputy Roff; didn't he? Correct. Okay. What was it that prompted the inquiry to look at his

BMA Court Reporters, (425) 252.7277 3206 Wetmore Avenue, Suite 12 - Everett, Washington 98201

Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q Q A Q A Q A Q A computer to see whether he had information on there concerning the electronic monitoring investigation? I believe that it came from Sergeant McFadden that there was a question of -- whether Mr. Murphy had any files still pertaining to that case on his computer. Why was he not supposed to have those files? Because that investigation had been turned over to Roff. Was there some evidence that Deputy Murphy was continuing to perform investigations in that area? I believe Sergeant McFadden had some concerns. I don't

specifically remember, but that was part of the premise of asking and meeting for this. Okay. Mm-hm. I'll draw your attention to Question No. 4 and I'll read it for the record. computer?" Is that the question that you read to Deputy Murphy on February 10, 2012 when you received his computer from him? Yes. And so you read that word for word; is that right? Yes. Okay. And his answer to that question was yes? "Is the original county issued hard drive in this I want to turn to Exhibit 21 now.

Correct. Okay.

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Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have. (Signature Reserved) (Deposition Adjourned) A Yes, he did. MR. KAMERRER: That's all of the questions that I

BMA Court Reporters, (425) 252.7277 3206 Wetmore Avenue, Suite 12 - Everett, Washington 98201

Scott Rossmiller, March 11, 2014 Paul Murphy v. Whatcom County

56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 __________________________ Kristen M. Uhlig, #1934 Certified Court Reporter, Residing in Clinton, Washington. I further certify that the deposition, as transcribed, is a full, true, and accurate transcript of the testimony, including all questions and answers, and all objections, motions and exceptions of counsel made and taken at the time of the foregoing examination; I further certify that I am sealing the deposition in an envelope with the title to the above cause thereon and marked "Deposition Upon Oral Examination" of said witness and promptly causing the same to be delivered or forwarded to Counsel for the Opposing Party; IN WITNESS THEREOF, I have hereunto set my hand and affixed my official seal this ___ day of____________, 2014. I further certify that all of the objections made at the time of said examination to my qualifications or the manner of taking the deposition, or to the conduct of any party, have been noted by me upon said deposition; I further certify that I am not a relative or employee or attorney or counsel of any of the parties to said action or counsel, and that I am not financially interested in the said action or the outcome thereof; I further certify that the witness examined, read, and signed the deposition after the same was transcribed, unless indicated in the record that the parties and the witness waive the signature; That the annexed and foregoing deposition of the witness named herein was taken stenographically before me and transcribed by me; STATE OF WASHINGTON ) ) COUNTY OF ISLAND ) C E R T I F I C A T E ss.

I, Kristen M. Uhlig, the undersigned CCR in and for the State of Washington, do hereby certify:

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A able 16:1 21:12,21 22:23 acceptable 9:20,22 22:15 access 30:3 32:9 40:10,10,24 accessed 40:9 accessing 50:3 accompanied 34:22 accurate 56:15 action 56:12,13 address 52:13 addressed 26:4 52:15 Adjourned 55:5 administrative 5:20 administrator 38:22 admitted 10:12 11:2,7,9,25 Adrian-Stavik 2:15 advance 41:12,14 42:19 affixed 56:20 agency 30:3 ago 6:4 7:6 16:9 agree 11:10 ahead 10:16,21 11:12 15:5 24:13 28:7 42:16 43:2 44:15,22 46:13 aids 18:4 alcohol 11:15 13:9 allegation 9:4 allegations 45:1,2 45:14 allowed 27:12,21 30:22 34:23 allows 40:10 ambiguous 28:6 analyst 52:20 Angels 30:18 annexed 56:5 annotated 49:4 answer 5:18 8:22 27:5 28:9 34:17 54:23 answered 44:24 answers 3:14 56:15 anybody 28:15 43:21,22 apologize 13:25 apologizing 41:2,6 appears 36:15 applications 15:24 appointment 22:10 apprehend 31:8 approximately 42:6 area 53:18 54:9 areas 13:4 22:7 argumentative 10:21 11:12 12:3 15:4 28:6 31:1 45:16 46:1 asked 17:3 24:22 28:21,24 29:1 36:18 42:20 43:3 44:18 45:9,15 asking 30:20 44:14 44:16 54:12 aspect 9:5 asset 18:25 19:2 assigned 32:19 assignment 5:21 33:13 associated 19:6 assuming 33:5 attached 36:8,13 attaching 36:12,14 attachment 52:24 Attachments 3:10 attendance 39:21 attention 51:4 54:15 attorney 56:12 authorization 40:25 authorized 35:10 available 40:12 45:24 Avenue 1:21 2:12 aware 8:15 9:19 10:12 11:1,5,9,14 13:4,6 24:17 25:16,19,21 26:13 26:15,18,21 28:3 28:12,15 29:3 35:6,23 37:12,22 37:25 38:8,11,12 38:19 44:19 45:22 cause 22:5 56:17 caused 37:23 causes 16:10 causing 56:18 Cavender 12:18 Cavendish 12:18 CCR 1:24,24 56:4 CD 48:24 CD/DVD 48:20 certain 30:17,18,18 Certified 1:24 56:23 certify 56:4,7,9,12 56:14,17 B cetera 40:16 baby 45:18 CFRs 29:7,25 babysat 45:15 Chadwick 6:1 36:7 back 18:18 22:2 36:12,14 37:23,25 26:10 30:5,14 39:22 47:5 48:8 34:22,24 37:19 chance 28:16 44:23 52:13 change 7:4 16:4 bad 30:7,7 47:15 changes 16:9 35:10 ballpark 4:21 35:21,21 Bandidos 26:1 changing 36:3 30:18 charger 20:23 bank 14:16 15:10 48:19 15:15 23:3,6 check 14:22 49:12 banked 14:24 49:13 bar 18:24 19:5 Chief 5:24 12:17 C basically 19:11 36:10 37:25 39:8 battery 18:24 C 2:1 56:1,1 39:22 44:2,6 46:4 behavior 32:22 California 31:5 47:5 beliefs 41:9 call 6:6 CIT 22:3 believe 5:9,12 6:7 called 4:2 28:17 cited 35:4 9:19 11:17 12:19 29:6,23 30:4,15 citizens 30:7 14:2 19:21 26:22 calls 8:21 12:3 city 12:14 13:5,9,13 28:22 32:12,18 27:25 46:12 civil 6:2,2 20:7 34:15 39:19,22,22 capacity 18:1 22:20 clarification 50:24 42:19 43:25 48:5 capture 18:12 clarify 45:21 54:3,10 Cascade 37:2,4 class 32:8,14,17 Bellingham 1:22 case 7:2,19 21:11 33:24 40:19 2:5,13 45:24 54:5 clear 33:8 Beschen 2:3 cases 21:20 Clinton 56:24 Beth 22:16 39:8 cashier's 49:13 clipped 19:7 bit 14:21,25 catch 48:11 cloned 40:21,23 Blvd 2:8 Bogdanovich 2:8 Bogle 28:22,22 Boot 38:16 bottom 48:12,18 boundaries 22:15 bringing 15:14 brings 15:11 brought 8:25 9:13 9:18 26:22 28:13 40:20 bulletin 30:6 bulletins 52:10 Burlington 28:18 28:23 burning 41:2,4,11 burnt 41:6 business 27:11 37:4 Butler 2:3,4 3:4 4:7 9:3 10:17 11:1,15 12:4 15:16 23:21 24:16 25:23 28:3 29:10,17 30:9,16 31:4,13,19 32:3 33:23 34:10 36:6 37:16 42:2 45:20 46:7,15 47:11,23 48:8 49:21 50:23

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50:8 52:3,9,9,12 52:13,13 53:5 knowing 17:11 20:24 knowingly 10:20 knowledge 16:10 41:17 45:24 50:15 53:6 known 8:2 22:7 29:14 31:6 38:3,5 38:7 Kope 52:7,19 Koran 41:2,4,6,11 Kristen 1:23 56:4 56:23 limits 12:14 13:9,14 list 44:17 listed 23:17 little 14:21,25 29:10 53:6 lived 22:11 Liz 6:24,25 7:1 23:16 33:17,22 34:4 42:12 load 6:12 locations 53:16 locked 30:1 log-on 43:11 long 4:13,18 7:3 8:2 longer 13:18 15:7 look 9:18,21 13:12 L 27:17 29:5 36:16 lack 27:25 32:2 36:18 53:11,18,25 45:17 looked 9:17,22 lacking 20:1 10:22 19:24 37:10 lacks 8:21 15:4 38:16 Larry 14:2,3,23 looking 27:4 44:17 15:6,14 looks 26:3 Larson 19:21 22:16 lost 49:4 39:8 42:20 lot 15:8,9 29:11 latest 20:24 Lyman 2:8 Laurel 37:3 39:6,7 Lynden 12:14,16 39:15 42:7,21,22 13:2,5,6,9,11,14 law 2:4,8 10:20 18:2 19:9,9,10 29:12,24 30:7 Lynden's 12:24 51:12 53:3 M laws 16:4 learn 13:8 30:23 M 1:23 56:4,23 learned 8:24,24 machine 40:24,24 40:19 mag-lite 48:19 learning 29:12 main 53:14 left 5:12 18:6,13 making 44:17 Let's 36:16 52:6 management 28:4 lied 17:25 29:13 lieutenant 4:12,16 manner 56:10 4:18 5:1,3,8,15,17 March 1:20 23:25 6:2,3,5,6,7,8 24:16 36:10 39:1 11:17 38:8 39:12 41:23 lieutenants 5:10 marital 1:10,14 6:9 marked 23:20,21 25:22,23 31:18,19 34:9 36:5,6 42:1 47:22 48:7 49:20 56:17 matter 12:8 20:4 McEachran 9:19 McFadden 3:9 23:24 24:2 25:11 51:22 52:3 54:3 54:10 MDT 39:16 40:9 41:13,14 48:21 mean 14:15 22:10 25:14 33:20 44:25 45:2 52:16 means 35:22 meant 35:11 Mede 7:23,25 8:2 8:24 meet 39:7,25 41:13 41:13 42:21,21 49:17 meeting 7:3,5,7 33:10,17 37:5 39:15 41:1 47:3 54:12 member 52:21 members 22:3 memo 3:9,11,12,13 23:25 31:20,21,23 32:4,6,20 33:14 33:22 34:10,22,24 35:1,4,4 36:8,10 36:12,13,16 37:16 37:17,20 memorialized 7:10 memory 51:7 mentioned 20:23 47:4 met 6:22 7:1 23:16 36:18 39:6 microscope 28:4,6 28:9 mind 14:14 24:25 minds 9:1 minor 10:12 11:15 minute 22:8 misstates 29:19 47:8 misunderstood 24:22 Mm-hm 14:17,19 16:6 22:17 23:4 24:1 28:20 31:7 36:9,17,21 47:25 49:15 51:8 54:14 Mobile 3:12 modified 44:3 Molina 29:12 moment 36:16 money 49:13,13 monitor 38:9 monitoring 54:2 month 4:21 16:8 monthly 16:5 months 16:9 morning 4:8 48:9 49:10,11 motions 56:15 motorcycle 27:22 Mount 28:23 move 33:8 moved 10:23,25 11:18,20 moving 37:3 multiple 46:5 Murphy 1:10 3:9 3:10,11,15,17 6:14,16 7:8 23:25 24:10,11,17 25:24 26:23 28:24,25 32:7 34:11,23 36:18 37:22 38:13 39:2 40:21 41:12 41:23 42:7 44:7 47:7,17,23 48:2,9 49:22 50:2,19,21 53:21 54:4,8,18 Murphy's 38:3,9 40:20 52:8,23 53:8 N N 2:1 3:1 name 4:8,10 12:18 18:15,16 28:18 38:14 named 56:6 names 14:1,1 30:10 narcotics 18:5 nature 9:3 27:6 need 4:21 49:12 needed 19:22 40:3 45:18 needs 30:8 neither 32:19 network 40:9 never 13:23 17:12 Nevertheless 8:21 new 17:2 18:17 night 42:20 43:24 Nooksack 5:13 norm 41:9 note 26:1 noted 56:10 notes 3:10 25:25 notice 41:12,14 42:16,18 number 6:4 39:20 46:2 numbered 44:16 numbering 23:22 numerous 10:15,17 Nyhus 15:16,16 20:23 22:2 O object 28:5 37:15 47:10 objected 45:6 objection 8:20 10:16,21 11:11 12:2 15:3 27:25 29:15,19 30:12,25 31:11 32:2 33:19 45:16 46:1,12

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RCW 29:25 read 24:8,13 34:17 43:17 49:14 51:6 54:15,18,21 56:7 reading 33:22 ready 24:7 reason 8:10 14:12 15:6,12 21:1 22:1 40:2 45:21 reasoning 40:4,5,6 reasons 19:20 recall 5:1 7:12,20 20:3 21:3 23:18 24:4,11,19,23 25:1,9 26:2,4 27:1 27:17 33:11,12,20 Q 33:23 34:1,4,16 qualifications 34:21 36:11 41:1 56:10 41:5,8 42:6 44:7 question 5:6 8:10 45:6 47:16,17 8:22 9:24 14:12 48:1,2 49:1,8,8,14 15:10 17:23 19:20 50:2,5,17,18,21 19:25 21:1 22:1 receipt 49:2 23:5 24:9 25:9 received 10:23 30:5 31:4 40:16 12:22 26:5 33:4 42:14 43:17 44:16 54:19 44:17 51:9,25 receiving 26:2 52:1 54:4,15,18,23 recognize 31:21,24 questioned 9:16 34:12 48:9 22:12,14 recollection 7:21 questioning 8:15 36:14 41:7,10 8:25 39:10 42:9 48:15 50:6 questions 3:14 9:1 record 4:9 54:16 10:7 18:6 30:20 56:8 44:14,15,18,24 recorded 45:10 45:9,15 50:24 records 47:20 55:2 56:15 reference 18:3 35:2 quote 26:24 41:2 48:2 referenced 18:7 R 34:25 35:13,18 R 2:1 56:1 40:20 R-O-S-S-M-I-L-... referred 43:11 4:10 referring 35:20 radio 18:23 36:20 raised 52:23 53:2 refers 35:7 rank 11:16 prosecuted 12:11 prosecution 12:24 prosecutor 6:23,24 9:19 prosecutor's 2:12 39:23 47:5 protocol 45:23 provided 13:2,9 50:12 public 40:13 purchase 18:20 purports 23:24 pushed 22:13 put 15:15 18:4 25:4 29:24 34:21 40:24 reflect 51:19 refresh 42:9 51:7 regard 9:23 20:13 regarding 23:25 27:3 35:4 48:9 regards 14:23 50:2 related 17:6,8,14 37:17 relative 56:12 Rely 47:20 remember 5:2,8 11:16 12:18 13:13 18:16,17,17 24:6 24:7,20 26:4 28:17 33:22 36:13 38:13 39:9 40:4 41:21,25 47:2 48:5,23 54:11 Remind 20:6 remove 25:3 51:17 removed 48:19,21 Reported 1:23 Reporter 1:24 56:23 reports 20:1 representative 28:14 request 32:1,3,6,20 requests 19:21 Reserved 55:4 Residing 56:24 resign 50:20,22 resolve 8:18 50:15 resolved 19:18 respond 49:10 responds 49:3 response 50:12 result 41:17 resulted 20:7 retain 11:7 retired 5:13 Return 3:15,16 returned 53:21 review 18:5 39:11 41:20 42:12 reviewed 6:22 7:11 9:20 12:22 34:14 reviewing 18:4 24:5,7 rickety 20:8 right 13:15 15:25 19:1,4,13 21:10 23:19 25:9 30:16 39:5 40:14 54:21 Robert 2:3,4 Rodger 32:24 33:6 33:16 Rodriguez-Roman 29:13 Roff 21:4,6,6 24:10 24:11 53:23 54:7 role 5:17 45:8 46:22 room 37:5,5 39:20 Rossmiller 1:18 3:13,16 4:1,10 51:1 52:8 rotation 27:18 rulings 20:24 rumors 50:18 RW 2:8 S S 2:1 safe 25:5 sat 45:14,21 47:11 saying 7:18 8:19 26:1 40:21 says 14:24,24 25:7 25:8,12 36:8 51:16 Scott 1:18 4:1,10 31:20 32:1,3,6,20 33:16 34:5 40:20 51:1 52:8 screen 53:14 script 45:11 seal 56:20 sealing 56:17 search 16:4 22:8 searching 15:25 16:7 41:17,19 SEATTLE 1:8 sec 48:11 second 14:18 24:8 36:20 secret 38:7 section 53:10,13 SECTOR 31:24 32:8,13,17 33:9 33:24 40:19 secure 24:18,21 25:4 40:15,15 51:18 53:2 secured 25:6 security 24:23 25:10,17 51:11,19 51:25 52:4 see 16:13 23:25 31:6 49:6,23 52:6 54:1 seeing 26:7 38:14 seized 43:23 seizure 16:4 22:8 sending 36:11 52:15 sense 5:7 sent 28:15,21 37:19 52:7,8 sentence 35:9 51:16 separate 9:9,10 separated 48:4 sergeant 4:24 5:9 5:21 8:1,23 11:19 14:3 16:15 19:21 24:3 42:19,20 51:22 52:3 54:3 54:10 sergeants 5:19,19 series 10:7 service 19:15 40:15 services 6:7,8 set 6:4 37:4 56:20 share 30:22 31:9,12 shared 25:3,6,10,17

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6/28/2012 3:16 7 7/3/2012 3:17 725 49:3,6 7th 23:25 31:24 8 87 4:22,23 9 9:05AM 1:20 90 4:23 97 4:23 98225 1:22 2:5,13 98512 2:9 9th 31:21

BMA Court Reporters, (425) 252.7277 3206 Wetmore Avenue, Suite 12 - Everett, Washington 98201