Вы находитесь на странице: 1из 35

Steven Cooley, 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 ) VOLUME I government entity; WHATCOM COUNTY ) SHERIFF'S DEPARTMENT; WILLIAM J. ) ELFO, together with his marital ) community, ) Defendants. ) --------------------------------------------------------------DEPOSITION UPON ORAL EXAMINATION OF STEVEN COOLEY, VOLUME I --------------------------------------------------------------11:30AM - 12:15PM March 11TH, 2014 Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225

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

Steven Cooley, 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

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

Steven Cooley, 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 MS. BESCHEN...............................................4

29....E-mail from Doug Chadwick, Dated 10/20/2011............8 Fwd: RE: Fb page - status update 30....E-mail from Steven Cooley, Dated 3/3/2008.............14 RE: Murphy MDT 31....E-mail from Steve Cooley, Dated 11/19/2012............18 Paul Murphy Post 32....E-mail from Daniel Gibson, Dated 12/21/2011...........20 33....E-mail from Steve Cooley, Dated 12/21/2011............22 RE: Murphy Facebook 34....E-mail from Jeff Parks, Dated 3/20/2012...............23 Fwd: Murphy Facebook Koran reference 35....E-mail from Steve Cooley, Dated 10/19/2011............25

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

Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

4
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

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

DIRECT EXAMINATION

BY MS. BESCHEN: Q A Q A Q Can you state and spell your name for record? Steven Cooley. Yes, please. S-T-E-V-E-N C-O-O-L-E-Y. Did you have a chance to review any documents in preparation for this deposition? A I skimmed through the investigation, the main investigation that I conducted on Don -- Deputy Murphy, former Deputy Murphy, but that's all. Q Okay. Did you have a chance to review your transcript from the Do you want me to spell both names?

prior deposition? A Q A Q No. Okay. I don't think that I've ever seen it. Okay. You did do a prior deposition during the civil service

case; correct? A Q Correct. And you were aware that Paul Murphy was involved in a Facebook

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

Steven Cooley, 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 Q A Q A A A Q A Q A Q Q page group where the shared interest was the Whatcom County sheriff's election? MR. KAMERRER: It's vague as to shared. THE WITNESS: (By Ms. Beschen) I -- yeah. I don't understand. Object to the form of the question.

Are you aware that Paul had involvement in a

Facebook page that was essentially about Sheriff Elfo? Yes. Okay. In 2011, you were monitoring that Facebook page;

correct? Yes. And you were monitoring that page at Sheriff Elfo's direction; correct? Yes. Prior to 2011, were you ever tasked to monitor a website called Whatcom Uncovered? I don't believe that I was tasked to monitor that Facebook -that page, no. Okay. Yes. Why did you monitor it? Because I heard that it existed and I heard that there were things on it that were disparaging about the sheriff's office and some of its employees. Okay. Do you remember what those things were? Did you monitor it?

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

Steven Cooley, 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 Q A Q Q A Q A Q A A Q Q A A All of them? some. What do you remember? I remember that there were some things about a situation with one of our former deputies who was stationed over at Newhalem and a situation surrounding his housing up there. Okay. page? Let me think. That's all that's coming to mind right now. I Any others that initially sparked your attention to the No. I don't remember all of them. I remember

know that there was other stuff on there, but no. Okay. Yes. Was that early on in the page when you became aware of it? I don't recall when that was, but I know that there was something about me on there, yes. What did it say about you on the page? I know that I was mentioned in the context of the subject that I just mentioned, the whole Newhalem housing thing. Okay. I know that my name was mentioned in that particular subject. Okay. Any other places that your name was mentioned that you Was there anything about you on the page?

were aware of? Probably. But, again, I'm not thinking. I can't think what

those circumstances are right now. Okay. In 2012, you were tasked with doing an administrative

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

Steven Cooley, 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 A Q A Q A Q A Q A Q Q A investigation against Paul Murphy; is that correct? I wouldn't use the word against but, yes. investigation of his conduct. Okay. You were assigned to be the investigator of that I did an

conduct? Yes. And you had concerns about your ability to be fair, the appearance of fairness; is that correct? MR. KAMERRER: Object to the form of the question. Go ahead.

It's vague and argumentative. (By Ms. Beschen)

You can still answer.

I did not have concerns about my ability to be fair, no. Did you have any concerns about there being a conflict with you being the investigator of an investigation involving Paul Murphy? No. Okay. You didn't bring any concerns to Sheriff Elfo?

I did, yes. Okay. What were the concerns that you brought to Sheriff Elfo?

I was concerned that were we to be -- to find ourselves in a situation that we are in today, that Deputy Murphy would use whatever past he felt that we shared to try to use that against the sheriff's office. Okay. To discredit me, the sheriff, the sheriff's office in an

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

Steven Cooley, 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 A Q A Q A Q Q A Q A Q A Q Q A Q attempt to excuse his own conduct. So the concern was an appearance of a conflict? Correct. Okay. Sheriff Elfo told you to do the investigation anyway; is

that correct? That's correct. Okay. Have you ever contacted Facebook yourself to have any

content removed? No. Do you know if Sheriff Elfo has ever contacted Facebook to have content removed? I have no knowledge of that, no. Okay. (Marked Deposition Exhibit No. 29) (By Ms. Beschen) in there. Okay. Let me know when you're done. You want me to read everything or just skim? You don't have to read through it. Okay. Just -- are you familiar with the document is what I'm going to ask you. Okay. MR. KAMERRER: Read as much as you need to to Go ahead and take a look at all of the pages

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

Steven Cooley, 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 Q A Q A Q A Q A Q A Q A Q A Q A Q A Q familiarize yourself with it. THE WITNESS: (By Ms. Beschen) Yes. Would you agree that this is starting out as an -- it's an e-mail from Doug Chadwick to you on October 20th, 2011? Yes. Okay. It looks -- it appears to be. On Page 2, have you ever seen that e-mail before? Okay. Okay. Have you seen this e-mail before?

Oh, your first question was pertaining to the first e-mail on the top page? Correct. Yeah. -- is an e-mail from Doug Chadwick to you on October 20th, 2011? Okay. That e-mail, I don't recall seeing, but it appears to be So Page 1 --

to me, yes. Okay. From Doug. The subject title is Facebook Page Status Update. Right. And then if you turn to Page 2. Yes. The same subject line. Yes. Facebook page status update?

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

Steven Cooley, 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 A Q A Q A Q A Q A Q A Q That I recall seeing, yes. This is from Bill Elfo to Doug Chadwick and Jeff Parks; correct? Correct. Okay. What's this e-mail about? MR. KAMERRER: What do you mean what is it about? Are

you referring to Page 1 or -(By Ms. Beschen) Page 1 and 2 -- Page 2 and 3. This was

forwarded over to you why? I believe that it was part of a public disclosure request. Okay. That I was assigned to gather documents for. I believe that

that's why Chadwick forwarded it to me was because it was in his possession and he was responding to the public disclosure request and I was gathering the documents. Okay. Got it. Did you review the documents and submit

everything for the public disclosure request? I don't have a specific -- a specific recollection of doing that, but I would imagine that would have been my job here, yeah. Would you agree that on Page 2 and 3 towards the end, Tara Adrian-Stavik is sending an e-mail to Bill Elfo saying, "It needs to be removed," referencing the Facebook comments by Paul Murphy? It appears to me that she's not happy with what Paul Murphy

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

Steven Cooley, 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 A Q A Q A Q Q A Q Q A posted, yes. She's asking Bill Elfo to call Facebook and have it removed. It appears that she provides a phone number and says that, "It needs to be removed." I don't see the place where it says that But,

I would like you to call them and have them remove it. yes -Sure. Fair enough.

-- it seems that she is implying that. The next communication. Do you see from Bill Elfo, he says, "I

will make the call tonight." I'm sorry, where are you at? Page 2 in the middle. Okay. I have been in back to back meetings in Seattle since yesterday and will get back -- and will get back until town until tonight. I will make the call. (As Read). Where is that? Page 2?

It starts out, "Hi Tara."

I do see that, yes. Okay. Are you aware of any other circumstances where Bill Elfo

has contacted Facebook to have content removed? MR. KAMERRER: I object. This is -- that's a It's not

misstatement of testimony.

This is irrelevant.

calculated to lead to admissible evidence. answer any more questions about it. MS. BESCHEN: MR. BUTLER: Okay. Oh.

He's not going to

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

Steven Cooley, 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 client. MR. BUTLER: MR. KAMERRER: irrelevant. faith. Then you can't advise him, can you? Well, I think this is completely anyways. MR. BUTLER: You're advising your client to not answer MS. BESCHEN: That was my last question about it

a question at the deposition? MR. KAMERRER: He's not my client. He's not my

This is calculated to be disruptive, to be in bad

And it has no basis of -- it has nothing to do with It's beyond the pale. You've made your record.

this case.

MR. BUTLER:

Madam, court reporter -MR. KAMERRER: take a break. Let's go off the record. I'm going to

You're coming with me. Madam court reporter. Hang on a second. If you would make a note of the slamming

MR. BUTLER: THE REPORTER: MR. BUTLER:

of the hand, and if you would also make a note of the page number, because we will be ordering this up. (Recess Taken) (Deposition Resumed) MS. BESCHEN: Before we get back into questions, I We It is 11:44.

just want to put on the record who is present in the room. are deposing Steve Cooley. We have Dale Kamerrer present in

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

Steven Cooley, 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 A Q A Q A Q A Q A Q the room. Liz Gallery, Sheriff Elfo, Tara Adrian-Stavik,

Robert Butler, myself Emily Beschen, and the court reporter. THE WITNESS: And I would be happy to answer any

questions that you have for me about Exhibit 29. MS. BESCHEN: MR. KAMERRER: Okay. I just want to put on the record that

my objection is to the utter sleaziness of bringing up this subject and questioning Mr. Cooley about it. And it's beneath the dignity of anyone who is admitted to the Bar in the State of Washington or the federal district court, but it's what I've been told to expect from you. MR. BUTLER: assassination. told about you. (By Ms. Beschen) Okay. So on the topic of the Facebook page, Well, isn't that a great character

I won't even put on the record what I've been

are you aware that the sheriff's office has a Facebook page? The sheriff's office's official Facebook page? Correct. Yes, I am. Okay. Do you have any involvement in that page?

Other than reading it, no. Okay. Do you read it regularly?

Very rarely. Do you like it on your personal Facebook page? My wife and I share a Facebook page and we might have liked it.

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

Steven Cooley, 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 A Q Q A Q A A Q Q A Q I don't remember. Okay. We might have. Have you ever heard from anybody directly rumors or anything about content being removed from the sheriff's office Facebook page? No. Who do you know to be the administrators or in charge of running that Facebook page? I am not certain actually. I think Undersheriff Parks and

Sergeant Gatterman, but I'm not sure. Okay. Do you know if there's any rules surrounding that

Facebook page? Not to my knowledge. (Marked Deposition Exhibit No. 30) (By Ms. Beschen) Okay. Go ahead and take a look at this. You

can just probably read through this whole thing and let me know when you're done. Okay. Before we talk about Exhibit 30, I want to talk about what went on in the hall for a second. did you speak with counsel? Mr. Kamerrer? Yes. Yes. So when you just left the room,

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

Steven Cooley, 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 A Q A A Q A Q A Q A Q A Q Q Q A Q A What did you two speak about? You want everything or -Mm-hm. Okay. Everything. Yes.

Basically, he just wanted a moment to calm down and then

he basically said that I could go in and answer any questions that I wish to answer about Exhibit 29. Okay. Is it your understanding that you have a lawyer present

in this room who is representing -No. -- your personal interests? No. Okay. You know that there's not a lawyer representing your

interests in this room? That is correct. Back to Exhibit 30. Okay. Do you recall receiving this e-mail? I do. And then -- so it appears to me and let me know if I'm characterizing this wrong. This is an e-mail first from Larry

Flynn to you on March 1st, 2008 and then a response from you to Flynn also on March 3rd, 2008. That's correct. What caused Flynn to send you this e-mail? Do you know?

You would have to ask Sergeant Flynn that question.

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

Steven Cooley, 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 Q Okay. Do you know if there were any conversations or

communications not in e-mail prior to him sending you this? No. Hm-mm.

Was there any investigation going on into Murphy at the time that he sent you this? I don't recall. Okay. At the very bottom of the page, the last paragraph

starts out, "When I told Paul about having to leave his MDT at Cascade at the end of his shift that starts Monday night so that IT could upgrade it and get it back to him once he came back to work on Tuesday he became concerned." (Witness Indicating). Why is he telling you about this? MR. KAMERRER: THE WITNESS: Objection, calls for speculation. Yeah. Again, you would have to ask

Sergeant Flynn that, but I think that the rest of the paragraph kind of explains the point of this e-mail that he says in the paragraph above that. The point of his e-mail is to let me know that there's files on one of our -- one of the sheriff's office computers that Paul claims are quote, unquote classified, and that we should probably know what those are. (By Ms. Beschen) Okay. On the second page, it says in the

middle of the paragraph, "He said that they will not be able to do anything without him here. I am of the impression that

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

Steven Cooley, 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 A Q A Q A 2008? Not sure which ones he's referring to. Sergeant Flynn. Okay. Is there more than one rule about computer modifications You would have to ask A Q Q modifying the Bios and password protecting it is something that people shouldn't be doing." Is it true that the county doesn't want their computers password protected? MR. KAMERRER: THE WITNESS: that's not true. (By Ms. Beschen) Are you aware of any policies that were in Object, calls for speculation. As a blanket statement, I would say, no,

place in 2008 that prevented Paul from putting a password on his computer? No. Okay. The second to last sentence. It states, "I thought we

might want to see what he actually has on his computer and see what he is actually up to in reference to this investigation before bringing up the rules about computer modifications." What were the rules about computer modifications in

presently? The county has a couple of policies on computers in general. What about modifications specifically? I would have to look at them to see what is in them. know off the top of my head. I don't

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

Steven Cooley, 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 Q Q A A Q A Q A A Q A Q A Q Q Did this start an investigation from you, this e-mail from Flynn? No. It did not start an official investigation.

Did it start an unofficial investigation? No. Back to Page 1, your response to him. Mm-hm. Was, "For now, your solution about getting Murphy's laptop updated is a good one. I'll let you know how we're going to

proceed, once we've decided." Mm-hm. Do you recall how you did decide to proceed? I briefed then Chief Deputy Parks. Mm-hm. I think that that all culminated in eventually, I believe, that it was Lieutenant Rossmiller and Sergeant Flynn himself getting Deputy Murphy's computer and looking to see what was on it. Did they find anything? Not to my knowledge, but I don't recall the specifics because I wasn't there. Okay. Do you remember people guessing or speculating or rumors

about what they thought would be on his computer that he was trying to hide? No. (Marked Deposition Exhibit No. 31)

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

Steven Cooley, 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 Q A A Q A Q A Q A A Q A Q A Q Q (By Ms. Beschen) to take a look. I'm good. So this appears to be an e-mail from you to Dan Gibson on November 19th, 2012. Mm-hm. This is after Murphy's termination; is that correct? Um, I don't remember the exact date. Okay. I think so. Okay. Let me know when you've had a chance

You are sending Dan Gibson information about Murphy's

Facebook page post; is that correct? Yes. Why? Because he was still in one stage or another fighting his termination. He was still what? Objecting to his termination from the sheriff's office. Okay. So what was the relevance of what he was posting in

November of 2012? This is more evidence of the fact that he shouldn't have been a law enforcement officer. Okay. No. Because he held these particular beliefs? Because he's advocating armed resistance against the

government. In the post, did you remember, did it actually state: advocating armed resistance? I am

Or is that your inference of what

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

Steven Cooley, 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 A Q A Q A Q was posted? That was my understanding of what these people were doing, yes. What -- okay. Then in about the middle of the e-mail where it How many more will we sit back

says, "How many has this been? and watch like this?"

Is that part of the post or is that your e-mail? It's part of the post. Okay. All right. Just wanted to clarify that. Do you recall

if Gibson responded to this? I don't recall. I don't remember.

Rough estimate, how many e-mails about Paul's Facebook page have you sent to Dan Gibson? Five or less. (Marked Deposition Exhibit No. 32) (By Ms. Beschen) I have. Okay. At the bottom of the e-mail, it appears that this is Have you had a chance to review?

sent originally from Bill Elfo to you on December 18th, 2011 at 2:06 PM. It states, I just glanced at Murphy's Facebook page.

In his profile picture, he is featured in a WCSO uniform with his rifle in a patrol vehicle wearing a Santa hat. The

comments he espouses on the page may tend to diminish the reputation of the WCSO and our confidence with the public. Again, please have the PA review. Mm-hm. (As Read)

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

Steven Cooley, 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 Q A Q e-mail. (By Ms. Beschen) Well, the question will be: What did you A Q Q A Q A Q A Q Do you know what PA is meant to stand for in that sentence? I assumed that it was the prosecuting attorney. Okay. And he says, "Again, please have the PA review." How many times prior to December of 2011 had you asked the prosecuting attorney to review Paul Murphy's Facebook page? It would be the same type of estimate that I gave you before, a rough guess, so it would be five or less. Okay. Very few. And then the middle of the page, it appears that you then forward this over to the prosecuting attorney; correct? Correct. So then there's a response to you from Dan Gibson that essentially says, you can't punish him for this; is that correct? MR. KAMERRER: Objection, misstates the content of the

understand the response to be telling you? He has a bunch of questions that would lead to further discussion essentially. Okay. The last sentence, it says, "That's my first reaction,

but let's talk further." Mm-hm. Did you have a face-to-face conversation with him?

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

Steven Cooley, 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 Q A Q A Q Q A Q Q A Q A A I don't recall a face-to-face. him on the phone. Okay. And what did you talk about? Like I believe that I talked with

Oh, I can't remember the specifics of that conversation.

I say, I'm pretty sure that we talked on the phone about it but, yeah. I can't remember the actual specifics of that.

Do you remember just in general? Expanding upon the questions that he asked, you know, was the picture -- was the concern the picture or the comments? talked about the fact that it was the association of the uniform with the comments. Do you recall what the comments were? I don't, no. Do you recall whether Dan Gibson rendered an opinion as to whether you could go forward and continue investigating? I don't. Okay. (Marked Deposition Exhibit No. 33) (By Ms. Beschen) After reading Exhibit 33, does this refresh And we

your recollection at all as to the conversation that you had with Mr. Gibson? Yes, it does. Okay. Now, what do you recall about that conversation?

We discussed the questions that Dan had raised in that e-mail. And after discussing it, we agreed that -- that there was no

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

Steven Cooley, 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 A Q Q Q A Q A Q A Q disciplinary action certainly that could be taken. Okay. In relation to that particular issue. Okay. And then you also say, "We should address this in a

social networking policy that we have on our list for the first of the year." Correct. Did that happen yet? We drafted a policy and it has -- we forwarded it to the deputy sheriff's guild and the other unions and it is in the, I think, stalled in the bargaining process would be the proper way to describe where it is. Okay. (Marked Deposition Exhibit No. 34) (By Ms. Beschen) Exhibit No. 34. the pages. Okay. Okay. So starting from the last page of this exhibit, which The court reporter has just handed you Go ahead and take a chance to look at all of Correct?

appears to be an e-mail from Dan Gibson to Bill Elfo and Jeff Parks, do you recall receiving this e-mail as well? I did not get the e-mail myself, but I did. to me so, yes, I have seen it. Okay. In that e-mail, they're talking about Paul's comments on It was forwarded

religion; is that right?

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

Steven Cooley, 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 Q Q A A Q A Q A Q A Q Q A A They're talking about a specific post that he made about the burning Koran. Okay. Did that start an investigation?

I believe that we would call it a preliminary inquiry, the briefest of preliminary inquiries. investigation per se. Okay. Yes. Was that investigation number AI2012-002? Yes. I believe that it was. Did it get an investigation number? I did not really do an

Were you later asked by the guild for a copy of that investigation? Yes. I think so.

What was your response? Mm. Well, when we -- let me back up. I don't know if I was

directly asked or if the undersheriff -- I remember that there was some contentious issue about that particular thing. Eventually, they got a copy. Okay. But yeah. I don't recall how that all went down, but I think

that eventually I gave them a copy via a public disclosure request, if I remember. Was there initially any concerns about letting the guild know about that investigation? MR. KAMERRER: Object. Vague.

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

Steven Cooley, 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 A Q Q A A Q Q A Q THE WITNESS: them know? I don't -- what do you mean by letting

I don't understand. Object. Vague.

MR. KAMERRER: (By Ms. Beschen)

Well, after they asked and you became aware Did you have any concerns about providing

that they had asked.

the investigation to the guild? MR. KAMERRER: (By Ms. Beschen) No? I know that Objection, vague.

I was not involved in that particular discussion.

there was some discussion between the undersheriff and the sheriff and the guild about that particular issue. involved in that. I wasn't

I simply stood by until that all was

resolved and eventually the public disclosure request was made and I fulfilled that request, so that's the bottom line. Okay. about? Again, I wasn't involved. about it. Yeah. I'm trying to think of what I knew There was some kind of What was the discussion that you were just referring to

I am not remembering.

conflict there, but I'm not remembering what it was over. Okay. So -(Marked Deposition Exhibit No. 35) (By Ms. Beschen) You can go ahead and review it and let me

know when you're done. Okay.

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

Steven Cooley, 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 Q A A A Q Q A Q Q A Q A Q A Would you agree that this is an e-mail from you to Dan Gibson? Yes. The date that it was sent was October 19th, 2011? Yes. Where in the timeline of the election does that fall? I have no idea. I mean, I would assume that that would be a

couple of weeks before. The first line states, "The Sheriff wanted me to make you aware of some of the posts that have been made to the subject Facebook page." You're referring to Paul's Facebook page; is that correct? No. page. Okay. Do you know what started the watch of that campaign to We're referring to the campaign to Un-Elect Sheriff Elfo

Un-Elect Sheriff Elfo page? I'm sorry, say that again? What started the sheriff's office watching the campaign to Un-Elect Bill Elfo page? I started watching it because I had been watching Deputy Murphy's Facebook page and he often crosslinked to it. Okay. So that's what drew my attention to it, and he would often post some of his stuff on that page and vise versa. Do you remember the first conversation that you had with Bill

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

Steven Cooley, 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 A A Q A Q A Q A Q A Q A Q Elfo about that particular Facebook page? No. Do you remember whether he came to you to talk about it versus you going to him to talk about it? No. In the middle of that paragraph, it says that, Is there anything that can be done about the group's identification of Sergeant Mede and the implications they are making about his motives for supporting the sheriff? Mm-hm. Do you know what the implications were that you're referring to in that sentence? I don't remember. The second paragraph, it states on the first sentence, "While the Sheriff is mindful and supportive of the free speech issues at play here, this group of insiders continues to attack other members of the Sheriff's Office by name." Can you describe what you meant by attack? Not without seeing the posts. Okay. I can't remember. Okay. Do you know what came of this e-mail? Did you have a (As Read)

phone call with Dan Gibson after this? Yeah. I can't remember. MS. BESCHEN: All right. This is probably a good

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

Steven Cooley, 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 breaking point if we want to stop for lunch and then. (Discussion Held Off The Record) (Deposition Continued, Volume I Concluded)

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

Steven Cooley, 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 __________________________ 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:

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

Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

Page 30
A ability 7:7,12 able 16:24 accurate 29:15 action 23:1 29:12 29:13 actual 22:6 address 23:4 administrative 6:25 administrators 14:8 admissible 11:22 admitted 13:9 Adrian-Stavik 2:15 10:22 13:1 advise 12:7 advising 12:3 advocating 19:22 19:25 affixed 29:20 agree 9:5 10:21 26:1 agreed 22:25 ahead 7:10 8:15 14:16 23:16 25:23 AI2012-002 24:9 annexed 29:5 answer 7:11 11:23 12:3 13:3 15:5,6 answers 29:15 anybody 14:4 anyway 8:4 anyways 12:2 appearance 7:8 8:2 appears 9:7,15 10:25 11:3 15:19 19:4 20:17 21:10 23:20 argumentative 7:10 armed 19:22,25 asked 21:4 22:8 24:11,16 25:4,5 asking 11:2 assassination 13:13 assigned 7:4 10:12 association 22:10 assume 26:6 assumed 21:2 attack 27:16,18 attempt 8:1 attention 6:7 26:23 attorney 21:2,5,11 29:12 Avenue 1:21 2:12 aware 4:25 5:6 6:13 6:22 11:18 13:16 17:8 25:4 26:8 blanket 17:6 Blvd 2:8 Bogdanovich 2:8 bottom 16:7 20:17 25:14 break 12:15 breaking 28:1 briefed 18:13 briefest 24:5 bring 7:17 bringing 13:7 17:15 brought 7:19 bunch 21:20 burning 24:2 B Butler 2:3,4 11:25 back 11:14,14,15 12:3,7,12,16,18 11:15 12:23 15:15 13:2,12 16:10,11 18:6 C 20:4 24:15 bad 12:9 C 2:1 29:1,1 Bar 13:10 C-O-O-L-E-Y 4:11 bargaining 23:11 calculated 11:22 basically 15:4,5 12:9 basis 12:10 call 11:2,5,10,16 beliefs 19:21 24:4 27:23 believe 5:17 10:10 called 4:2 5:15 10:12 18:15 22:1 calls 16:14 17:5 24:4,10 calm 15:4 Bellingham 1:22 campaign 26:13,15 2:5,13 26:18 beneath 13:9 Cascade 16:9 Beschen 2:3 3:4 4:7 case 4:23 12:11 5:6 7:11 8:15 9:3 cause 29:17 10:8 11:24 12:1 caused 15:24 12:23 13:2,5,15 causing 29:18 14:16 16:23 17:8 CCR 1:24,24 29:4 19:1 20:15 21:18 certain 14:10 22:19 23:15 25:4 certainly 23:1 25:8,23 27:25 Certified 1:24 beyond 12:11 29:23 Bill 10:2,22 11:2,9 certify 29:4,7,9,12 11:18 20:18 23:20 29:14,17 26:19,25 Chadwick 3:8 9:6 Bios 17:1 9:13 10:2,13 chance 4:12,17 19:1 20:15 23:16 character 13:12 characterizing 15:20 charge 14:8 Chief 18:13 circumstances 6:24 11:18 civil 4:22 claims 16:21 clarify 20:8 classified 16:21 client 12:3,5,6 Clinton 29:24 coming 6:9 12:15 comments 10:23 20:22 22:9,11,12 23:24 communication 11:9 communications 16:2 community 1:10,15 completely 12:8 computer 17:10,13 17:15,16,20 18:17 18:22 computers 16:20 17:3,22 concern 8:2 22:9 concerned 7:20 16:11 concerns 7:7,12,13 7:17,19 24:23 25:5 Concluded 28:3 conduct 7:3,5 8:1 29:10 conducted 4:15 confidence 20:23 conflict 7:13 8:2 25:19 contacted 8:7,10 11:19 content 8:8,11 11:19 14:5 21:16 contentious 24:17 context 6:17 continue 22:15 Continued 28:3 continues 27:16 conversation 21:25 22:4,20,23 26:25 conversations 16:1 Cooley 1:18 3:9,10 3:12,14 4:1,9 12:25 13:8 copy 24:11,18,21 correct 4:23,24 5:10,13 7:1,8 8:3 8:5,6 9:11 10:3,4 13:18 15:14,23 19:7,10 21:11,12 21:15 23:6,7 26:12 counsel 14:22 29:12,13,16,18 county 1:13,13,21 2:7,11,12 5:1 17:3 17:22 29:3 couple 17:22 26:7 court 1:7,24 12:13 12:16 13:2,11 23:15 29:23 Courthouse 1:21 crosslinked 26:21 CSR 1:24 culminated 18:15 D D 3:1 Dale 2:7 12:25 Dan 19:4,9 20:12 21:13 22:14,24 23:20 26:1 27:23 Daniel 2:8 3:11 date 19:8 26:3 Dated 3:8,9,10,11 3:12,13,14

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

Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

Page 31
day 29:20 December 20:18 21:4 decide 18:12 decided 18:10 Defendants 1:15 2:7 delivered 29:18 DEPARTMENT 1:14 2:7 deposing 12:25 deposition 1:17 4:13,18,22 8:14 12:4,22 14:15 18:25 20:14 22:18 23:14 25:22 28:3 29:5,8,10,11,14 29:17,18 deputies 6:5 deputy 4:15,15 7:21 18:13,17 23:9 26:20 describe 23:12 27:18 DESCRIPTION 3:7 dignity 13:9 diminish 20:22 DIRECT 4:5 direction 5:12 directly 14:4 24:16 disciplinary 23:1 disclosure 10:10,14 10:17 24:21 25:13 discredit 7:25 discussed 22:24 discussing 22:25 discussion 21:21 25:9,10,15 28:2 disparaging 5:23 disruptive 12:9 district 1:7,8 13:10 document 8:22 documents 4:12 10:12,15,16 doing 6:25 10:18 17:2 20:2 Don 4:15 Doug 3:8 9:6,13,18 10:2 drafted 23:9 drew 26:23 duly 4:2 exact 19:8 examination 1:17 3:3 4:5 29:10,16 29:18 examined 4:3 29:7 exceptions 29:15 excuse 8:1 exhibit 3:7 8:14 13:4 14:15,20 E 15:6,15 18:25 E 2:1,1 3:1 29:1,1 20:14 22:18,19 e-mail 3:8,9,10,11 23:14,16,19 25:22 3:12,13,14 9:3,6,8 existed 5:22 9:9,13,15 10:5,22 Expanding 22:8 15:17,20,24 16:2 expect 13:11 16:17,19 18:1 explains 16:17 19:4 20:3,6,17 F 21:17 22:24 23:20 23:21,22,24 26:1 F 29:1 face-to-face 21:25 27:22 22:1 e-mails 20:11 Facebook 3:12,13 early 6:13 4:25 5:7,9,17 8:7 East 2:4 8:10 9:19,25 election 5:2 26:5 10:23 11:2,19 Elfo 1:14 2:7,15 5:7 13:15,16,17,24,25 7:17,19 8:4,10 14:5,9,13 19:10 10:2,22 11:2,9,18 20:11,19 21:5 13:1 20:18 23:20 26:10,11,21 27:1 26:13,16,19 27:1 fact 19:19 22:10 Elfo's 5:12 fair 7:7,12 11:7 Elizabeth 2:11 Emily 2:3 13:2 fairness 7:8 employee 29:12 faith 12:10 employees 5:24 fall 26:5 enforcement 19:20 familiar 8:22 entity 1:13 familiarize 9:1 envelope 29:17 Fb 3:8 espouses 20:22 featured 20:20 essentially 5:7 federal 13:10 21:14,21 felt 7:22 estimate 20:11 21:6 fighting 19:13 eventually 18:15 files 16:20 24:18,21 25:13 financially 29:13 evidence 11:22 find 7:20 18:18 19:19 first 4:2 9:9,9 15:20 21:22 23:5 26:8 26:25 27:14 five 20:13 21:7 Flynn 15:21,22,24 15:25 16:16 17:19 18:2,16 follows 4:3 foregoing 29:5,16 form 5:3 7:9 former 4:15 6:5 forward 21:11 22:15 forwarded 10:9,13 23:9,22 29:18 free 27:15 fulfilled 25:14 full 29:15 further 21:20,23 29:7,9,12,14,17 Fwd 3:8,13 G Gallery 2:11 13:1 gather 10:12 gathering 10:15 Gatterman 14:11 general 17:22 22:7 getting 18:8,16 Gibson 3:11 19:4,9 20:9,12 21:13 22:14,21 23:20 26:1 27:23 glanced 20:19 go 7:10 8:15 12:14 14:16 15:5 22:15 23:16 25:23 going 8:22 11:22 12:14 16:4 18:9 27:4 good 18:9 19:3 27:25 government 1:13 19:23 Grand 1:21 2:12 great 13:12 group 5:1 27:16 group's 27:7 guess 21:7 guessing 18:21 guild 23:10 24:11 24:23 25:6,11 H hall 14:21 hand 12:19 29:20 handed 23:15 Hang 12:17 happen 23:8 happy 10:25 13:3 hat 20:21 head 17:25 heard 5:22,22 14:4 held 19:21 28:2 hereunto 29:20 Hi 11:12 hide 18:23 Hm-mm 16:3 Holly 2:4 housing 6:6,18 I idea 26:6 identification 27:7 imagine 10:19 implications 27:8 27:11 implying 11:8 impression 16:25 including 29:15 indicated 29:8 Indicating 16:12 inference 19:25 information 19:9 initially 6:7 24:23 inquiries 24:5 inquiry 24:4 insiders 27:16 interest 5:1 interested 29:13 interests 15:10,13 investigating 22:15

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

Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

Page 32
L laptop 18:8 Larry 15:20 law 2:4,8 19:20 lawyer 15:7,12 lead 11:22 21:20 leave 16:8 left 14:21 let's 12:14 21:23 letting 24:23 25:1 Lieutenant 18:16 liked 13:25 line 9:23 25:14 26:8 list 23:5 Liz 13:1 look 8:15 14:16 17:24 19:2 23:16 looking 18:17 J looks 9:7 J 1:14 lunch 28:1 Jeff 3:13 10:2 23:20 Lyman 2:8 job 10:19 Johnson 2:8 M M 1:23 29:4,23 K Madam 12:13,16 Kamerrer 2:7,8 5:3 main 4:14 7:9 8:25 10:6 making 27:8 11:20 12:5,8,14 manner 29:10 12:25 13:6 14:23 March 1:20 15:21 16:14 17:5 21:16 15:22 24:25 25:3,7 marital 1:10,14 kind 16:17 25:18 marked 8:14 14:15 knew 25:17 18:25 20:14 22:18 know 6:10,14,17,20 23:14 25:22 29:17 8:10,18 14:8,12 MDT 3:9 16:8 14:17 15:12,19,24 mean 10:6 25:1 16:1,19,22 17:25 26:6 18:9 19:1 21:1 meant 21:1 27:18 22:8 24:15,23 Mede 27:8 25:2,9,24 26:15 meetings 11:14 27:11,22 members 27:17 knowledge 8:12 mentioned 6:17,18 14:14 18:19 6:20,21 Koran 3:13 24:2 middle 11:12 16:24 Kristen 1:23 29:4 20:3 21:10 27:6 29:23 investigation 4:14 4:14 7:1,3,14 8:4 16:4 17:14 18:1,3 18:4 24:3,6,7,9,12 24:24 25:6 investigator 7:4,14 involved 4:25 25:9 25:12,17 involvement 5:6 13:20 involving 7:14 irrelevant 11:21 12:9 ISLAND 29:3 issue 23:3 24:17 25:11 issues 27:15 mind 6:9 mindful 27:15 misstatement 11:21 misstates 21:16 Mm 24:15 Mm-hm 15:3 18:7 18:11,14 19:6 20:25 21:24 27:10 modifications 17:15,16,20,23 modifying 17:1 moment 15:4 Monday 16:9 monitor 5:15,17,19 5:21 monitoring 5:9,12 motions 29:15 motives 27:9 Murphy 1:10 3:9 3:10,12,13 4:15 4:15,25 7:1,15,21 10:24,25 16:4 Murphy's 18:8,17 19:7,9 20:19 21:5 26:21 N N 2:1 3:1 name 4:8 6:20,21 27:17 named 29:6 names 4:9 need 8:25 needs 10:23 11:4 networking 23:5 Newhalem 6:5,18 night 16:9 note 12:18,19 noted 29:10 November 19:5,18 number 11:3 12:20 24:7,9 O object 5:3 7:9 11:20 17:5 24:25 25:3 Objecting 19:16 objection 13:7 16:14 21:16 25:7 objections 29:9,15 October 9:6,13 26:3 office 2:12 5:23 7:23,25 13:16 14:5 16:20 19:16 26:18 27:17 office's 13:17 officer 19:20 Offices 2:4 official 13:17 18:3 29:20 Oh 9:9 11:25 22:4 okay 4:17,20,22 5:9 5:19,25 6:7,11,19 6:21,25 7:4,17,19 7:24 8:4,7,13,17 8:21,24 9:2,3,8,15 9:17 10:5,11,16 11:13,18,24 13:5 13:15,20,22 14:2 14:12,16,19 15:4 15:7,12,16 16:1,7 16:23 17:12,20 18:21 19:1,9,17 19:21 20:3,8,17 21:3,8,22 22:3,17 22:23 23:2,4,13 23:18,19,24 24:3 24:7,19 25:15,20 25:25 26:15,22 27:20,22 once 16:10 18:10 ones 17:18 opinion 22:14 Opposing 29:19 Oral 1:17 29:18 ordering 12:20 originally 20:18 outcome 29:13 P P 2:1,1 PA 20:24 21:1,3 page 3:3,7,8 5:1,7,9 5:12,18 6:8,11,13 6:16 9:8,10,11,19 9:21,25 10:7,8,8 10:21 11:11,12 12:19 13:15,16,17 13:20,24,25 14:6 14:9,13 16:7,23 18:6 19:10 20:11 20:19,22 21:5,10 23:19 26:10,11,14 26:16,19,21,24 27:1 pages 8:15 23:17 pale 12:11 paragraph 16:7,16 16:18,24 27:6,14 Parks 3:13 10:2 14:10 18:13 23:21 part 10:10 20:6,7 particular 6:20 19:21 23:3 24:17 25:9,11 27:1 parties 29:8,12 party 29:10,19 password 17:1,4,9 patrol 20:21 Paul 1:10 3:10 4:25 5:6 7:1,14 10:23 10:25 16:8,21 17:9 21:5 Paul's 20:11 23:24 26:11 people 17:2 18:21 20:2 personal 13:24 15:10 pertaining 9:9 phone 11:3 22:2,5 27:23 picture 20:20 22:9 22:9 place 11:4 17:9

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

Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

Page 33
places 6:21 Plaintiffs 1:11 2:3 play 27:16 please 4:10 20:24 21:3 PM 20:19 point 16:17,19 28:1 policies 17:8,22 policy 23:5,9 possession 10:14 post 3:10 19:10,24 20:6,7 24:1 26:23 posted 11:1 20:1 posting 19:17 posts 26:9 27:19 preliminary 24:4,5 preparation 4:12 present 2:14 12:24 12:25 15:7 presently 17:21 pretty 22:5 prevented 17:9 prior 4:18,22 5:15 16:2 21:4 probably 6:23 14:17 16:22 27:25 proceed 18:10,12 process 23:11 profile 20:20 promptly 29:18 proper 23:11 prosecuting 21:2,5 21:11 Prosecutor's 2:12 protected 17:4 protecting 17:1 provides 11:3 providing 25:5 public 10:10,14,17 20:23 24:21 25:13 punish 21:14 put 12:24 13:6,13 putting 17:9 Q relative 29:12 relevance 19:17 religion 23:25 remember 5:25 6:1 6:1,3,4 14:1 18:21 19:8,24 20:10 22:4,6,7 24:16,22 26:25 27:3,13,21 27:24 remembering 25:18,19 remove 11:5 R removed 8:8,11 R 2:1 29:1 10:23 11:2,4,19 raised 22:24 14:5 rarely 13:23 rendered 22:14 reaction 21:22 Reported 1:23 read 8:19,20,25 reporter 1:24 12:13 11:16 13:22 14:17 12:16,17 13:2 20:24 27:9 29:7 23:15 29:23 reading 13:21 representing 15:8 22:19 15:12 really 24:5 reputation 20:23 recall 6:14 9:15 request 10:10,15,17 10:1 15:17 16:6 24:22 25:13,14 18:12,19 20:8,10 Residing 29:24 22:1,12,14,23 resistance 19:22,25 23:21 24:20 resolved 25:13 receiving 15:17 responded 20:9 23:21 responding 10:14 Recess 12:21 response 15:21 recollection 10:18 18:6 21:13,19 22:20 24:14 record 4:8 12:12,14 rest 16:16 12:24 13:6,13 Resumed 12:22 28:2 29:8 review 4:12,17 reference 3:13 10:16 20:15,24 17:14 21:3,5 25:23 referencing 10:23 rifle 20:21 referring 10:7 right 6:9,24 9:20 17:18 25:15 26:11 20:8 23:25 27:25 26:13 27:11 Robert 2:3,4 13:2 refresh 22:19 room 12:24 13:1 regularly 13:22 14:21 15:8,13 relation 23:3 Rossmiller 18:16 qualifications 29:10 question 5:3 7:9 9:9 12:1,4 15:25 21:18 questioning 13:8 questions 11:23 12:23 13:4 15:5 21:20 22:8,24 29:15 quote 16:21 rough 20:11 21:7 rule 17:20 rules 14:12 17:15 17:16 rumors 14:4 18:21 running 14:9 RW 2:8 26:13,16 27:9,15 sheriff's 1:14 2:7 5:2,23 7:23,25 13:16,17 14:5 16:20 19:16 23:10 26:18 27:17 shift 16:9 signature 29:8 S signed 29:7 S 2:1 simply 25:12 S-T-E-V-E-N 4:11 sit 20:4 Santa 20:21 situation 6:4,6 7:21 saying 10:22 skim 8:19 says 11:3,4,9 16:17 skimmed 4:14 16:23 20:4 21:3 slamming 12:18 21:14,22 27:6 sleaziness 13:7 se 24:6 social 23:5 seal 29:20 solution 18:8 sealing 29:17 sorry 11:11 26:17 Seattle 1:8 11:14 sparked 6:7 second 12:17 14:21 speak 14:22 15:1 16:23 17:12 27:14 specific 10:18,18 see 11:4,9,17 17:13 24:1 17:13,24 18:17 specifically 17:23 seeing 9:15 10:1 specifics 18:19 22:4 27:19 22:6 seen 4:21 9:3,8 speculating 18:21 23:23 speculation 16:14 send 15:24 17:5 sending 10:22 16:2 speech 27:15 19:9 spell 4:8,9 sent 16:5 20:12,18 ss 29:2 26:3 stage 19:13 sentence 17:12 21:1 stalled 23:11 21:22 27:12,14 stand 21:1 Sergeant 14:11 start 18:1,3,4 24:3 15:25 16:16 17:19 started 26:15,18,20 18:16 27:8 starting 9:5 23:19 service 4:22 starts 11:12 16:8,9 set 29:20 state 4:8 13:10 share 13:25 19:24 29:2,4 shared 5:1,4 7:22 statement 17:6 sheriff 5:7,12 7:17 states 1:7 17:12 7:19,25 8:4,10 20:19 26:8 27:14 13:1 25:11 26:8 stationed 6:5

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

Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

Page 34
status 3:8 9:19,25 stenographically 29:6 Steve 3:10,12,14 12:25 Steven 1:18 3:9 4:1 4:9 stood 25:12 stop 28:1 Street 2:4 stuff 6:10 26:24 subject 6:17,20 9:19,23 13:8 26:9 submit 10:16 Suite 2:4 supporting 27:9 supportive 27:15 sure 11:7 14:11 17:18 22:5 surrounding 6:6 14:12 SW 2:8 sworn 4:2 T T 29:1,1 take 8:15 12:15 14:16 19:2 23:16 taken 12:21 23:1 29:6,16 talk 14:20,20 21:23 22:3 27:3,4 talked 22:1,5,10 talking 23:24 24:1 Tara 2:15 10:21 11:12 13:1 tasked 5:15,17 6:25 telling 16:13 21:19 tend 20:22 termination 19:7 19:14,16 testified 4:3 testimony 11:21 29:15 thereof 29:13,20 thereon 29:17 thing 6:18 14:17 24:17 things 5:23,25 6:4 think 4:21 6:9,23 12:8 14:10 16:16 18:15 19:8 23:10 24:13,20 25:17 thinking 6:23 thought 17:12 18:22 time 16:4 29:9,16 timeline 26:5 times 21:4 title 9:19 29:17 today 7:21 told 8:4 13:11,14 16:8 tonight 11:10,16 top 9:10 17:25 topic 13:15 town 11:15 transcribed 29:6,8 29:14 transcript 4:17 29:15 true 17:3,7 29:15 try 7:22 trying 18:23 25:17 Tuesday 16:11 Tumwater 2:9 turn 9:21 two 15:1 type 21:6 U Uhlig 1:23 29:4,23 Um 19:8 Un-Elect 26:13,16 26:19 Uncovered 5:16 undersheriff 14:10 24:16 25:10 undersigned 29:4 understand 5:5 21:19 25:2 understanding 15:7 20:2 uniform 20:20 22:11 unions 23:10 UNITED 1:7 unofficial 18:4 unquote 16:21 update 3:8 9:19,25 updated 18:9 upgrade 16:10 use 7:2,21,22 utter 13:7 website 5:15 weeks 26:7 went 14:20 24:20 WESTERN 1:8 Whatcom 1:13,13 1:21 2:7,11,12 5:1 5:16 wife 13:25 William 1:14 2:15 wish 15:6 witness 4:2 5:5 9:2 13:3 16:12,15 17:6 25:1 29:5,7,8 29:18,20 word 7:2 work 16:11 wouldn't 7:2 wrong 15:20 18th 20:18 1934 1:24 29:23 19th 19:5 26:3 1st 15:21

2 2 9:8,21 10:8,8,21 11:11,12 2:06 20:19 2:13-CV-00727 1:12 20 3:11 2008 15:21,22 17:9 17:17 2011 5:9,15 9:6,14 V 20:18 21:4 26:3 vague 5:4 7:10 2012 6:25 19:5,18 24:25 25:3,7 2014 1:20 29:20 vehicle 20:21 20th 9:6,13 X versa 26:24 22 3:12 versus 27:3 X 3:1 23 3:13 vise 26:24 25 3:14 Y Volume 1:13,18 2674 2:8 yeah 5:5 9:12 10:20 29 3:8 8:14 13:4 28:3 16:15 22:6 24:20 vs 1:12 15:6 25:18 27:24 W 3 year 23:6 waive 29:8 yesterday 11:14 3 10:8,21 want 4:9 8:19 12:24 3/20/2012 3:13 Z 13:6 14:20 15:2 3/3/2008 3:9 17:3,13 28:1 30 3:9 14:15,20 0 wanted 15:4 20:8 15:15 26:8 31 3:10 18:25 1 Washington 1:8,13 311 1:21 2:12 1 9:11 10:7,8 18:6 1:22,24 2:5,9,13 32 3:11 20:14 10/19/2011 3:14 13:10 29:2,4,24 33 3:12 22:18,19 10/20/2011 3:8 wasn't 18:20 25:11 34 3:13 23:14,16 103 2:4 25:17 35 3:14 25:22 11/19/2012 3:10 watch 20:5 26:15 360.734.3448 2:5 11:30AM 1:20 watching 26:18,20 360.754.3480 2:9 11:44 12:20 26:20 3rd 15:22 11TH 1:20 way 23:11 12/21/2011 3:11,12 4 WCSO 20:20,23 12:15PM 1:20 4 3:4 we're 18:9 26:13 14 3:9 we've 18:10 18 3:10 5 wearing 20:21

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

Steven Cooley, March 11, 2014 Paul Murphy v. Whatcom County

Page 35
512 2:4 6 7 8 8 3:8 9 98225 1:22 2:5,13 98512 2:9

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