B: Okay. Thank you for your time. Yes.

Alright it is 10 --- about 10:50 and we're going off the record.

(Recording paused at tape counter 1:56:40.)

B: It is 10 after 11 and we're back on the record.

C: Ifwe could pick up, Mr. Mayton, I believe you asked the last question.

M: I did. (Laughs) And so --- I know that we took a break and Ijust wanted to follow-up with these instances that you had mentioned, Colonel, with regard to Major Booker and things that called into question professionalism.

D: There were two incidents that I was aware of that --- one was probably 2-1/2 years ago. His office submitted a request to purchase a server and it was 10 or 12,000 dollars --- I don't remember, but it was significant --- and it was cited to be used for an investigation that the I.G. was working on. And we prepared the paperwork based on what his office gave us and we submitted it. At that time everything had to go to the Director's office. I think it might have been on the --at the time the equipment freeze which was back --- and I'm not sure of the dates --- but it was going to the Director's office for approval.

M: What was the year again?

D: I --- it was either 2007 or 2008.

M: Okay.

D: I want to say maybe it was late 2007, but I don't recall. But I can --- I think it could be easy to find because there was a Controlling Board involved, was what I was told.

M: Told by whom?

D: By the Assistant Director. That the I.G. had gone to the Controlling Board for additional appropriation authority as it related to their work on the investigation. And I don't know ifit was Noe or Marc Dann, I don't remember. But OIS submits a request to purchase this server. I had approved it at my level, which doesn't mean much (laughs), and sent it on to the Director's office. And the Assistant Director called me and said, "Why are we buying a server for the I. G. for their investigation?" And I said, "Well, I don't know. They say we need it." And he said, "No", he said, "The I.G. went to the Controlling Board like two weeks ago and they were granted additional appropriation authority for this investigation." And I thought he said (inaudible) 50,000 or 500,000. I said, "Well, that's a good point. Let me ask." So before I could ask --- or I did Michelle Henderson. I called her or she called me, I forget. But she said well,

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said we wanted that for ourselves and we thought this would be a way to get it." I said, "Well, Michelle, why didn't you just tell us the truth?" I mean if it's really for this investigation, it's probably not proper that we buy it 'cause it's coming out of particular fund that we're a little strapped on and it would be if they go to the Controlling Board and say we need 500,000. They have to earmark what that's for: purchase personal service, personal service, equipment or maintenance. I said, "It sounds like they're well cared for and we're not." So I said, "We can't do that. You need to be honest." So this is a problem I had with her and Major Booker that they seemed to want to do an end-run and not come up with all the facts. And then it culminates with a phone call from the Inspector General to me. And that was not a very good phone call. It was quite threatening. And that's the reason I hesitate to bring this up.

M: Well, let me ask you, having --- just so I understand' cause I'm not a hundred percent clear on what you're referring to here, Colonel. But are you saying that the funds in this request to purchase, that the original request to purchase this server was submitted through you and was going to be using Patrol dollars ...

D: Yeah, it was a Highway Patrol expenditure.

M: ... and in --- when, in fact, this server was going to be used on an L G. investigation?

D: Correct.

M: Okay.

D: And it should have been an LG. expenditure. And the LG. went to the Controlling Board, so I was told. And that would be easy to verify. And that would clearly

be (laughs), if they're identifying equipment, maintenance and other expenditures, that would be known as a substantive of change and you can't deviate from what you tell the Controlling Board, as I'm sure you're aware. And ...

S: And tell, tell them.

D: Well, later that morning, you know, I talked to Michelle and she kind of falls on the sword and says, "Well, we were just trying to get a piece of equipment and we thought this would work." And I was very frustrated with Michelle. I said, "That's not how we do business. You need to be forthright and ... " --- after --shortly after that conversation, I'm walking down the hall and Colonel Charles calls me and starts off with, "Fuck you." Calls me on my cell phone and says, "Fuck you and fuck George Maier and fuck Henry Guzman." And he said, "George Maier can stick that server up his fucking ass." And he said, "I'll take care of him and Public Safety." And he --- he rains this assault down on me for 20 or 30 seconds. I kept trying, I said, "Well, Colonel, wait a minute. Let me explain." And I kept trying, "Colonel, Colonel", and he wouldn't [sic] and he

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hung up. And I was --- I had never been treated so poorly in my life, particularly by someone I thought was a colleague and even a friend. And, you know, I stewed on that for the rest of the day and I mentioned it to a colleague and I said, "I feel like I should tell George or somebody." I --- and I slept on it and the next day I told George Maier, the Assistant Director.

B: Okay. Ifwe could back up for a little bit, just so I understand the particulars.

You have a request to purchase a server for the Inspector General's office. You call the Assistant Director and find out that the I.G. has already put in a request. ..

D: I didn't call the in --- the I.D. [sic] office --- I.D. [sic] ....

B: Who'd you talk to (inaudible)?

D: I submitted the paperwork. Michelle wrote it up that they needed it. ..

B: Okay.

D: ... for the Highway Patrol. And --- and I don't know ...

B: For the Highway Patrol or. ..

D: Yeah, for...

B: ... for the Inspector General?

D: I don't recall if it said Inspector General, it may --- maybe it said to assist in the Noe investigation or whatever.

B: Okay.

D: It was some length.

B: Alright.

D: But I --- I didn't think anything of it. I thought, well ...

B: Okay.

D: ... okay, I guess that's legitimate. I mean they were ...

B: So there was a link to the Inspector General's office?

D: Yes, SIr.

B: Okay.

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D: And when it went over to the Director's office, you know, a day or two later, whenever they saw the request, the Assistant Director called me and said, "Why are we buying this .... " --- and it was a very simple question --- "Why are we buying it when the LG. 's got funding and we don't?"

B: Okay.

D: And I thought well, that's a legitimate question.

B: Alright.

D: And I posed it to Michelle and then Michelle says well, we're trying to essentially do an end-run ...

B: Okay.

D: ... so we can keep the equipment when we're done. And I said, "Well, Michelle, we --- things are tight. We can't do that."

B: Okay.

D: So.

B: Alright. And then ...

D: She obviously runs to --- well, I don't know where she went, but I know within hours I got a call from Tom Charles.

B: Okay. So I'm still --- and I believe the question that was posed was, give us a couple of examples of unprofessional or inappropriate behavior by Maj or Booker that. ..

D: And, and Michelle Henderson.

B: Okay.

D: And that is one example ...

B: Alright.

D: ... where their office ...

B: But the --- and we can talk about this situation in greater detail if you want, but I was really interested initially in trying to find out examples of inappropriate behavior by Major Booker. Now, this clearly involves Captain Henderson.

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D: Well, it involves Major Booker's office.

B: Okay.

D: And he would have approved the expenditure and he would have approved the request.

B: Okay. Alright.

D: So I'm only assuming that he had knowledge of it.

B: Okay.

D: Maybe he didn't and I guess that's a further, you know, issue with Michelle if she went around him, too, but I don't think she did. That wasn't my memory of it. Another example ...

B: Well, did --- who all did you report this incident involving Major Booker's office, your call from the Inspector General's office --- who did you report that information to?

D: I reported it to a colleague who said, "Man, I think you need to tell George" and ...

B: Who is that colleague?

D: It's Rick Imhoff.

B: Okay. And then he said you need to tell (inaudible) ....

D: He said, "You need to tell the Director's office this."

B: Okay.

D: I said, "Man, I don't want to open a can of worms." I felt, you know, bad and --about it and I think I slept on it and I told the Assistant Director the next day.

B: Okay. And at that point you're --- but, of course, not let me assume --- you were disappointed in the response you got from the Inspector General and you were disappointed in the way Captain Henderson had sent the paperwork though?

D: I was --- that's fair to say. I was disappointed in Colonel Charles and ...

B: Okay.

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D: ... and I later, you know, it was a week or two later, I ran into Joe Montgomery at the Academy and Joe used to be my boss and I said, "What's the matter with Colonel Charles, man?" I said, "Does he hate me or ... " He said, "No, no, he doesn't hate you. He's just --- he's making a point" or something; I forget what Joe said, but. ..

B: Okay.

D: But that spoke to --- that was in my mind about Bob Booker and Michelle Henderson's operation.

B:How ...

D: I have another example, more recently.

B: Go ahead.

D: Michelle loses her gun. Everybody knows it. She loses her weapon. And there's some question about being --- it being reported timely. And I do have a little intimate knowledge about that because, among other things, there would have to be a loss/damage report done; and that report wasn't done until the end of April of 2009. And yet, she --- they reported the weapon being missing April 1st. I would think that would be something you'd get in the system a little quicker.

B: Okay.

D: And I had heard later that actually the last time she had seen it was in January when she qualified. So there were some problems with that. And then coupled with that, it was also common knowledge in the building that prior to her being interviewed by AI.U., Major Booker let her read the investigation. And I --- I have problems with that. I think that's improper. And, you know, this guy has a federal security clearance and yet he's going to violate some basic, you know, tenets of security in the investigation. And then I see similar issues with this, and these are what was on my mind.

C: You say it was common knowledge.

D: Yeah, people were talking about it in the building.

C: That's not a fact though, it's scuttlebutt, rumor. Did you know for certain that that occurred?

D: I know when the lost damage report was done because it comes through my office so that did fit that piece that, you know.

C: The fact that she read that report before ...

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