COPY 1 ) NO. CV HU. vs.

Transcription

1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JAMES P. CHASSE, JR.; JAMES ) P. CHASSE; LINDA GERBER; and ) MARK CHASSE, individually and ) in his capacity as Personal ) Representative of the ESTATE ) OF JAMES P. CHASSE, JR.; ) COPY Plaintiffs, ) ) vs. 1 ) NO. CV HU CHRISTOPHER HUMPHREYS; KYLE ) ) NICE; CITY OF PORTLAND; CITY ) OF PORTLAND JOHN DOE ) FIREFIGHTERS/PARAMEDICS; ) PORTLAND POLICE BUREAU and ) OTHER PORTLAND JOHN and JANE ) DOE OFFICIALS; BRET BURTON; ) MULTNOMAH COUNTY; MULTNOMAH ) COUNTY JOHN AND JANE DOE ) DEPUTY SHERIFFS and MEDICAL ) PERSONNEL; MULTNOMAH COUNTY ) JOHN AND JANE DOE SHERIFF'S ) OFFICE and OTHER OFFICIALS; ) TRI-COUNTY METROPOLITAN 1 TRANSPORTATION DISTRICT OF ) OREGON; and AMERICAN MEDICAL ) RESPONSE NORTHWEST, INC., 1 1 Defendants. ) ) DEPOSITION OF JAMIE MICA MARQUEZ Taken in behalf of Defendants * * * August 7, S.W. Fifth Avenue Portland, Oregon -,.. ~.. Robert J. Lehmann, CS Court Reporter 400 Columbia, Suite SW Morrison St., Suite 850 Shtt&Lehmann,hc. Vancouver, WA C O U R T R E P O R T E R S Portland, OR ) Fax (360) ww.slreporting.com slinc@qwestoffice.net

2 For the Plaintiffs: APPEARANCES: MR. THOMAS M. STEENSON Attorney at Law Suite S.W. 2nd Avenue Portland, OR For the Defendants, MR. JAMES RICE City of Portland MR. DAVID A. LANDRUM and Christopher Deputy City Attorneys Humphreys: Room S.W. 4th Avenue Portland, OR For the Defendant, AMR: MS. ELIZABETH A. SCHLEUNING Attorney at Law Suite S.W. 5th Avenue Portland, OR For the Defendants, MS. SUSAN M. DUNAWAY Multnomah County and Attorney at Law Bret Burton: Suite S.E. Hawthorne Street Portland, OR Also Present: Mr. Steven Kraemer

3 1 INDEX 2 EXAMINATION BY: 3 Mr. Rice 4 Ms. Dunaway 5 Ms. Back 6 Mr. Steenson 7 Mr. Rice 8 Ms. Dunaway 3 PAGE NO EXHIBITS 11 No. 313 Photograph C36 Q) &95=5554~~~~*+ (-5&%)-~ ~~~

4 4 PORTLAND, OREGON; THURSDAY, AUGUST 7, :58 p.m. * * * JAMIE MICA MARQUEZ called as a witness in behalf of the Defendants, BY MR. RICE: having first been sworn by the Reporter, testifies as follows: EXAMINATION Q. Would you state your full name for the record, please? please? A. Jamie Mica Marquez. Q. And would you spell your last name for us, A. M-A-R-Q-U-E-2. Q. Mr. Marquez, my name is Jim Rice, and I'm a Deputy City Attorney with Portland. I'm an attorney. A. Uh-huh. Q. We're here to take your deposition today. Have you ever had your deposition taken before? A. No, I have not. Q. Has anyone had the chance to talk to you about what a deposition is? A. No. Q. Okay. Well, this is a civil case, meaning

5 it's a case involving money, and in cases like that 5 people have the opportunity to, or lawyers, I should say, have the opportunity to bring people in and ask them questions before we go to trial. It gives the lawyer, all the lawyers in the room, an idea of what it is that you know about a particular matter, so I'm going to be asking you questions and you need to answer those questions. Do you understand that? A. Uh-huh. Q. The other thing we're going to do is we're going to help our court reporter here in every way we can, so when I ask you a question, you're nodding to me and I know what you mean, but it makes it difficult for the court reporter to take that down. A. Okay. Q. So I'll ask you to give affirmative, yeses, noes, and speak out loud. All right? A. Of course. Q. Another thing we're going to do to help the court reporter is we're going to do our very best to have only one person talk at a time so he can take all this down. A. Okay. Q. So what I'd like you to do is to wait for me to completely finish my question, and I'll try and let

6 you completely answer your question before I begin the 6 next one. A. Understood. Q. If you don't think you understand a word, you think the question is garbled somehow, would you stop me, and I'll try and rephrase it in a way that makes sense to you. A. Certainly. Q. Have you had enough sleep last night so you can answer our questions here today? A. Yes. Q. Are you under any kind of medication or anything like that that would make it difficult for you to answer this? A. None whatsoever. Q. The incident we're talking about happened back in September of People are involved in all kinds of accidents, they may have head trauma, something like that may be affecting their memory in some way. Have you had anything like that happen? A. Nothing of the type. Q. If you want to take a break at some time today, you can do that. All you have to do is answer the question being asked, then say, I want to take a break. You can have a glass of water, use the

7 restroom, just take a break. Okay? A. All right. Q. Have you reviewed any documents before coming in here today? A. Yes, I have. Q. And did you bring documents with you that you were requested to bring as part of the subpoena? A. Yes, I did. Q. Can I take a look at those, please? A. Of course. Q. Sure. A. This is my transcription of the telephone interview that I had with Detective Courtney. 14 Q. All right. That's one item. 15 A. And several documents that I pulled off the 16 Web. 17 Q. All right. So these are things that you've 18 downloaded from the Internet; is that right? 19 A. Yes. 20 Q. And they pertain to Mr. Chasse? 21 A. Yes, they do. 22 Q. And did you read those documents at some 23 point? 25 Q. There's a date on this one document. It

8 1 says, 5:41 p.m. on September 22nd, Is that 8 2 around the time you read this? 3 A. I believe the time that I read it was the day 4 after the incident happened. 5 Q. All right. And do you have other documents 6 there that you've downloaded? 7 A. Oh, a whole plethora of them. 8 Q. Okay. 9 A. I believe this is the first one, because it 10 has the actual Q. What you're handing me here are downloads off 12 the Internet of Oregon Live; is that right? 14 Q. Is that a place that you obtain news 15 typically? 16 A. No, it's not. 17 Q. Do you subscribe to '!The Oregonian"? 18 A. No, I don't. 19 Q. Do you read "The Oregonianu regularly? 2 0 A. Yes. 21 Q. Okay. And do you read it in its paper format 22 or do you read it in the electronic format? 23 A. Paper format. 2 4 Q. And these are all downloaded, so when it came 25 to -- do all these documents that I see here in front

9 of you from Oregon Live, do they all pertain to 9 Mr. Chasse? A. Yes, they do. Q. And were you following the Chasse incident while you were online? right? A. Yes, I was. Q. And that's why you downloaded them; is that A. Correct. Q. And I'm just going to kind of keep -- I'll try to keep them in order, here, too, as you're handing them to me, and I'm just generally seeing what they are without reading them in their entirety. A. Okay. Q. I note there's another document here that looks like it was downloaded from KATU, and that's Channel 2, the television station; is that right? A. That's correct. Q. So, when you have been following the Chasse story, you've both been looking at Oregon Live and also going to other Internet sites; is that right? A. That's correct. Q. The one we have here from Channel 2 looks like it was from September 18th, 2006, although the download makes it perhaps look like it was the next

10 day when you did that. 10 Were you typically going to KATU and following the story there as well in addition to ''The Oregonian"? A. I was searching multiple Web sites. I wasn't stuck to just one. Q. All right. And when you were searching on the Internet, was there a phrase that you usually used to do that? A. Key words I used were Portland Police custody, and I believe beating, and it came up. Q. Okay. And you've now handed me a different document, but it's similar to the prior one. This one is from KGW, so that's another Web site you took a look at in following the story; is that right? A. That's correct. Q. You've handed me another one, and this looks like it s from the "Portland Tribune", again downloaded from the Internet; is that right? A. That's correct. Q. This looks like, again, September 19th, You've handed me another one, which is from "The Mercury", which is a local weekly newspaper; is that right? A. That's correct.

11 1 Q. Do you typically read "The Mercuryu? 11 2 A. Yes, I do. 3 Q. And do you read that online or do you read 4 that in the paper format or both? 5 A. Both. 6 Q. This looks like it's from September 22nd, And again this is captioned Death in Custody. 8 And that's about Mr. Chasse; is that correct? 9 A. That's correct. 10 Q. There's another download, again you're 11 handing me from the "Portland Tribune" from downloaded on September 20th, 2006, regarding 13 Mr. Chasse as well. 14 Does that -- the pile you've given me, does 15 that complete what you have downloaded off the 16 Internet in what I'm going to call newspaper format? 17 A. Yes, it is. 18 Q. I'm going to put these in a neat -- I'll try 19 to neaten up the pile a little bit. 2 0 A. Okay. 2 1 Q. 1'11 keep putting those there and try to keep 22 them in the same order you gave them to me. 23 A. Okay. 2 4 Q. Can you tell me what else you reviewed before 25 coming in here?

12 A. A lot of the newspaper articles that were in 12 paper form, print form. That's the one article. Q. Okay. And what you've handed me is a copy of "The Oregonian" from Friday, September 22nd, There's an article by Maxine Bernstein; is that right? A. That's correct. Q. And what you're giving to me, I guess, really is one section of that day's newspaper, and it's the Metro section; is that right? A. That's correct. Q. You have now handed me a copy of "The OregonianM, Tuesday, September 18th, This looks like it's the editorial page; is that right? A. That's correct. Q. At the bottom of that there is a segment of it called Remembering James Chasse's Death; is that right? A. That's correct. Q. And I'm going to just open that up. And again that's the Metro section of the newspaper from Tuesday, September 18th; is that correct? A. That is correct. Q. Let me fold this up and I'll try and keep everything neat here. Schmitt & Lehrnann, Inc.

13 A. Okay. 13 Q. And then you have given me a front page from "The Oregonian" in paper format, Wednesday, October 18th, 2006, and on the front page of that, below the fold, there's an article, No Indictment in Chasse Death, again an article by Maxine Bernstein of "The Oregonianw; is that correct? A. That's correct. Q. And the next thing you're giving me is a copy of "The Oregonian", Friday, September 26th -- excuse me, 29th, 2006, and there is an article on the front page called Losing Jim Jim. A Story of Schizophrenia; is that correct? A. That's correct. Q. And again that was written by Maxine Bernstein? A. Uh-huh. Q. You have handed me another copy of a newspaper, "The Oregonian" newspaper, Thursday, September 21st, 2006, and in the Metro section, below the fold, there is an article, Witness Shocked By Force Police Used in Encounter, again by Maxine Bernstein; is that right? A. That's correct. Q. You have handed me a copy of "The Oregoniann,

14 Wednesday, October 4th, 2006, and this one has a red 14 banner on the front that says Final Street Edition; is that correct? A. That's correct. Q. And below the fold on the right side, there is an article, Injury List a Long One in Struggle With Police; is that correct? A. That's correct. Q. And again that's by Maxine Bernstein? A. That's correct. Q. The next thing you've given me, appears to be part of "The MercuryM newspaper; is that correct? A. That's correct. Q. And that's the weekly newspaper here in Portland? A. Yes, it is. Q. And there is a date on this one of appears to be September 28, 2006; is that right? A. That is correct. Q. And there is an article captioned Death in Custody; is that correct? A. That is correct. Q. And Matt Davis is the writer of that? A. He is. Q. Do you know Matt Davis?

15 A. Not personally. I have spoken with him on 15 occasion. Q. All right. You've handed me an article, on Monday, September 17th, of '!The Oregonian", and this is a front page story, Anger Over Police Death Still High; is that correct? A. That's correct. Q. And again that's an article this time by Aimee Green is how I'm going to pronounce her name. A. I would agree with you on that. Quick interjection. I don't have the photos that I took with the phone, but all the photos that I took are pretty much of this scenario there, so -- those are from my phone itself. Q. And what you're showing me is, on the front page of the newspaper, there are two photographs; is that right? A. Correct. Q. There's an upper photograph. It looks like a Polaroid picture with some dark shading on it. A. Correct. Q. Did you take that picture? A. No, I didn't. Q. And then down below, there is a smaller photograph that shows what looks like a series of

16 police officers, paramedics, and perhaps fire bureau 16 people, and Mr. Chasse is on the ground; is that right? A. That is correct. Q. And that photograph was taken near the intersection of N.W. Everett Street and N.W. 13th; is that right? camera? A. That is correct. Q. And did you take that photograph with a A. With a camera phone. Q. And were you standing on the Blue Hour patio when that happened? A. Yes, I was. Q. We'll talk about that a little bit later. A. Okay. Q. Have you taken any other photographs other than that picture that you've seen in the media? A. I've taken several, but not that have been printed in the media. Q. Okay. The next document you're handing me looks like, yes, a copy of the "Willamette Week" and I see a date down here October 25, 2006; is that correct? A. That is correct.

17 Jamle Mlca Marquez, 8/7/ Q. And there is an article captioned Case Not 2 Closed; is that correct? 3 A. That is correct. 4 Q. And there is a black-and-white photograph 5 that appears in that picture, and that's the same 6 picture that we just looked at on the front page of 7 "The Oregonian"; is that correct? 8 A. Yes. 9 Q. And the only difference between those two is 10 this is a black-and-white photograph. Right? 11 A. Of course. 12 Q. The next thing you're handing me is a 13 complete copy of llwillamette Week", it appears, or at 14 least a significant part of it, dated November lst, ? 16 A. That is correct. 17 Q. And there is a reddish cover on the front of 18 "Willamette Weekn, and is it a copy of your photograph 19 or do you think that's a graphic representation of 20 your photograph? 2 1 A. It's a graphic representation of the 22 photograph. 23 Q. And that's the same photograph we've talked 24 about that was in the prior "Willamette Weekn and also 25 the front page of "The Oregoniann? 17

18 A. That is correct. 18 Q. The next item you're handing me here is a copy of #'The Tribune". I'm going to call this the first section of the paper. Does that sound correct to you? A. That's correct. Q. And it's dated Tuesday, October 31st, 2006? A. That's correct. Q. And there is an article on the front page here saying Force By Numbers; is that right? A. That is correct. Q. And it looks like it was written by Jacob Quinn Sanders; is that right? A. That's right. Q. Do you have any photographs that you took that they used in this story? A. No, I don't. Q. The next thing you're handing me appears to be -- yes, it's a segment of the "Willamette Weekv that was published on November 15th, A. That's correct. Q. And the article there, it looks like it's called Tackling the Issue; is that right? A. That is correct. This was just a letter that was sent in.

19 Q. Okay. And the next item you're handing me is 19 a section called Letters to the Editor, and this is from the Portland "Mercury"; is that right? A. That is correct. Q. And it looks like the date there is November 2nd, 2006? A. That is correct. Q. And what you've pointed out to me is there is a letter to the editor called Untraining the Cops; is that right? A. Correct. Q. The next thing you're handing me is a copy of the "Portland Tribune", again it looks like it's that first section of the newspaper; is that right? A. That is right. Q. And the date on this one is Friday, October 27th, 2006? A. Correct. Q. And again there's an article here that pertains to Mr. Chasse, I assume. It's called Cops Have History of Force; is that right? A. That is correct. Q. And again Jacob Quinn Sanders is listed as the person that wrote the article? A. That's correct.

20 Q. The next you're giving me is the first 2 0 section of "The Oregonian" newspaper, it looks like Friday, October 27th, 2006; is that right? A. That's correct. Q. And in the upper left corner above the fold, there is an article captioned, Officer in Chasse Case Faced 2005 Complaint; is that right? A. That is correct. Q. Again, written by Maxine Bernstein and it also has the name Steve I'm going to say Suo (phonetic) might be his name? A. I would agree with you. Q. The next item you have here is a segment of the Portland "Mercury" from October 26, 2006? A. That is correct. Q. And there is a story in the top part of that indicating Mistrial By Jury; is that right? A. That's correct. Q. And the author of that is Matt Davis? A. Correct. Q. And it looks like the last newspaper article you're giving me comes from the Portland "Mercury", October 26, 2006? A. Correct. Q. And there is an article that has a large

21 caption, Putting 5, excuse me, $581,550 Where 2 1 Your Mouth Is; is that right? A. That is correct. Q. And that one is written by Matt Davis? A. That is correct. Q. And am I correct in thinking that that is a complete pile of the copies of the newspapers that you've retained regarding James Chasse? A. That is correct. Q. Do you have any other, any other newspaper articles anywhere? A. Only on my computer saved as bookmarks, which I didn't print up for this. Q. But there's no physical part of the newspaper? A. NO. Q. What else have you saved regarding Mr. Chasse? A. The subpoena. Q. Okay. Thank you. A. To the grand jury. Q. And this is a grand jury subpoena issued by the Multnomah County District Attorney's Office? A. That's correct. Q. And at the time of your appearance here, it

22 looks like it's October 3rd, 2006, at 9:45 a.m.? 22 A. That's correct. Q. And did you attend the grand jury? A. Yes, I did. Q. And this subpoena is what you got you there; is that correct? A. That is correct. Q. How about if I put this in a different pile and keep things in order there for you. A. Okay. Q. The next document you've handed me is a letter dated October 14, 2006? A. That is correct. Q. And it's addressed to you? A. Uh-huh. Q. And it is on letterhead of the City of Portland, Oregon, Bureau of Police; is that right? Tellis? A. That is correct. Q. And it looks like it was signed by John A. A. That is correct. Q. And this letter indicates, This letter is to acknowledge the receipt of your complaint forwarded to us by the Independent Police Review Division regarding the actions of members of the Portland Police Bureau.

23 This incident occurred on September 17th, 2006, at 23 Northwest 13th and Everett and involves allegations relating to the use of force. Investigations of complaints are conducted by the Internal Affairs Division or at the precinct division and a sergeant supervisor will be contacted -- will be in contact with you. Your complaint has been assigned to Sergeant Barkley and Rodriguez of this office. The telephone number for Sergeant Barkley is Your complaint has been given IAD case number 2006-B If the investigation of your complaint exceeds 10 weeks, you'll be notified by letter of the reason for the delay. Sincerely, and it looks like John Tellis, captain, Internal Affairs Division; is that right? A. That is correct, and this is the letter that prompted that. Q. And this is a letter that you've handed me. It has the City of Portland, Oregon, symbol at the top. It says City of Portland, Office of the Auditor, Independent Police Review Division, and it's addressed to Jamie Marquez, 2417 S.W. Corbett Avenue, Portland, Oregon, and it has case number 2006-B It says, Dear Mr. Marquez: On 9-18, 2006,

24 the Independent Police Review Division, has a bracket, 2 4 capital IPR, received your complaint about officers of the Portland Police Bureau and the death of James Chasse. This letter is to inform you that your complaint was received, and now that a criminal investigation is complete, the case will be reviewed by the Portland Police Bureau's Internal Affairs Division, bracket, IAD, end of bracket. You may be called by an IAD investigator for additional information. And then in bold print it has, if your address or phone number changes before the case is complete, it's extremely important you let us know as soon as possible. And it's signed by Leslie Stevens; is that right? A. That is correct, and that's the extent of the documents I have on this. Q. And did you read -- reread these articles before you came down here today? A. No, I didn't. Q. I'm going to hand these back to you. A. Of course. Q. Can you tell us what your address is? A S.W. Corbett Avenue. Q. And what's your date of birth? A. July 17th, 1973.

25 Q. Have you gone by any other names other than 2 5 the name you've given us here today? A. No, I haven't. Q. How tall are you? A. I am five-foot-eight. Q. And where were you born? A. Repeat the question. Q. Where were you born, your place of birth? A. I was born in Sacramento, California. Q. Did you have a chance to go to high school? A. Yes, I did. Q. Did you graduate from high school? A. No, I didn't. Q. Have you had any education beyond you leaving high school? A. Yes, I have. Q. And what kind of educational background do you have beyond high school? A. Junior college. Q. And where did you go to junior college? A. I am now attending Portland City College, PCC Cascade, and I have attended junior college down in Sacramento, also. Q. And was the one in Sacramento prior to attending PCC?

26 A. Yes, it was. 26 Q. When did you go to school down in Sacramento? A. '92 to '94. Q. When you were in school, did you have a principal area of study or major of some kind? A. Yes. It was actually criminal law and EMT/paramedic. Q. And the years you gave me sounds to me like you went there for three years; is that right? A. Two years. Q. Two years, and did you go continuously or did you skip -- is it quarters or semesters down there? A. It's semesters. Q. Did you go each semester or did you take some semesters off? A. I took some semesters off. Q. Were you working at the same time? A. Yes, I was. Q. And what kind of job did you have down there in Sacramento? A. I was working construction. Q. Was the EMT program one whose purpose was to give someone a degree or certification of some kind? A. Certification for EMT. Q. Okay. And since that's down in California, I

27 may not be -- I am not familiar with their standards 2 7 down there. Did you end up getting a certificate from the school? A. No, I didn't. Q. Why was that? A. I had to drop out for work. Q. So it was employment that caused you to terminate your education; is that right? A. Yes, it was. Q. And how many semesters did you go to junior college down there? A. Three. Q. Okay. And how many courses did you take that involved the EMT work? A. Two. Q. Okay. A. EMT Training and Advanced First Aid. Q. All right. And EMT Training, was that a one-semester course? A. Yes, it was. Q. Was there a certain number of credit hours that went with that? A. Yes. Q. And how many was that? A. I don't have that answer at this time.

28 Q. All right. Chasse v. Hurnphreys, et al. 2 8 A. I don't remember. Q. Were you going full-time or were you doing both work and school at the same time? A. Both work and school at the same time. Q. Was it the kind of course you would take in the evening after working during the daytime, or how did that work? A. Yes, correct. Q. So you were going in the evening and taking the EMT course? A. Yes, I was. Q. When you were taking that first EMT course, were you taking other courses as well? A. Yes, I was. Q. What kind of courses were you taking? A. I was taking criminal law. Q. And that would be two. Any others? A. Astronomy. Q. All right. Is that sort of unrelated to what you were studying, just something you were interested in? A. It was a credit applied to the -- the general electives in the course, so it was required to take. Q. All right. And when you finished that

29 semester, you took a second semester of schooling down 2 9 in Sacramento; is that right? A. Yes, I did. Q. And that was a first aid course? A. That was, yes, Advanced First Aid. Q. Advanced First Aid. Were there any prerequisites to taking that course? A. The EMT. Actually, it went Advanced First Aid and then the EMT, but I kind of swapped backwards with instructions from my instructor. Q. All right. And was that again a course you took in the evening? right? A. Yes, it was. Q. And you were working during the day; is that A. Correct. Q. And were you taking other courses as well as that first aid course during that semester? A. Art. Q. Okay. Any particular kind of art? A. Just a general art class. Q. All right. Any others? A. At that time no. Q. Okay. And did that then -- did that course work conclude what you took in Sacramento at junior

30 college? 3 0 A. Yes, it did. Q. And what junior college was that? A. That was Sierra College. Q. All right. And between completing that junior college work and coming to PCC, did you have any other college experience in between there? A. No, I don't. Q. And did you terminate your schooling in Sacramento in part because you both needed to work and also moving to Portland? A. No. I was moving to Tahoe. Q. Tahoe, okay. When you went to Tahoe, was that for work reasons? work? A. No. Q. Why did you move to Tahoe? A. It's beautiful. Q. All right. Good enough reason. A. Uh-huh. Q. When did you end up moving to Portland? A. I moved to Portland in Q. And when you came here, were you looking for A. Yes, I was. Q. Generally, what kind of work did you do when

31 you moved here? 3 1 A. Restaurant work. Q. You also ended up going to PCC; is that correct? A. yes. Q. When did you begin going to PCC? A. In Q. And, again, did you have a course of study or a major you were planning on taking? A. At the time, no. Q. Okay. What kind of courses did you start taking at PCC? there? A. Computer classes. Q. Have you continued to take computer classes A. Yes, I have. Q. Do you have a goal in going to PCC that you would like to graduate or get an associate's degree or certification of some kind? A. An associate's degree. Q. What would the associate's degree be in? A. Web Development. Q. Is that the future you'd like to get into just businesswise? A. That is.

32 Q. Have you taken any other first aid courses or 32 EMT courses beyond what you've told me about? A. No, I haven't. Q. Were you ever in the military? A. No, I wasn't. Q. Do you have any law enforcement training? A. No, I don't. Q. Do you have any EMT training or any volunteer work being an EMT beyond what you've told us about? A. No, I don't. Q. Do you need to wear corrective lenses? A. No, I don't. Q. Do you have any hearing problem, anything like that? A. No. Q. Have you ever had any training regarding mental illness? A. No. Q. Some people, just in their family history, have had someone who has significant mental illness, a relative, a close friend, a neighbor, something. Do you have anything like that in your past? A. Yes, I have. Q. Can you tell me what that amounts to? A. A past relationship with a, a female partner

33 expressed, or displayed a bipolar -- I don't know 33 what's the word. Q. Symptoms? A. Symptoms, exactly, yes. Q. All right. And how long ago was that? A. That was in Q. Okay. Did you have any part of assisting her with medication, treatment, anything like that? A. I did. Q. And tell me what that amounted to. A. I was the one who took her to the hospital and had her submitted to doctors, which in turn they committed her for psychiatric evaluation. Q. Okay. Anything beyond that other than what you've told us about? A. No. Q. Do you have any training in psychology? A. No, I don't. Q. How about contact with the Portland Police Bureau? Have you had any contact with officers in the Portland Police Bureau? A. Define contact. Q. It could be like a traffic violation would be one kind of contact, it might be volunteering with the Portland Police Bureau to serve on a board of some

34 kind. A. No then, no, I haven't. Q. Ever arrested by the Portland Police Bureau? A. No. Q. Had your car towed that you attributed to the Portland Police Bureau? A. NO. Q. And let's not include anything to do with Mr. Chasse. We'll exclude that. A. Okay. Q. Any contact with the Portland Police Bureau other than that? A. No. Q. All right. A. Except for an incident at a bus stop. I guess it's not significant enough, but I will mention it. Q. Sure. A. About two weeks after the Chasse incident happened, I was waiting at a bus stop, there was an officer trying to apprehend somebody at the bus stop there, questioning them, giving them, you know, whatever cops do when they, when they stop somebody and are questioning them. Q. Interrogating them?

35 A. Interrogating them, yes. I was standing 3 5 about five feet away from them at the bus stop where the designated bus pulls up and picks you up. The officer looked over at me and I looked at the officer, and the officer said, Do you have a problem? over there. And I said, No, I'm just waiting for the bus. And he said, Well, you can go stand 20 feet I said, Well, that's not where the bus stop is. I don't want to miss my bus. And he said, Well, I can arrest you right now and throw you in or you can go stand over there. And at that moment the bus pulled up and I jumped on the bus. agree? Q. And that was it? A. And that was it. Q. Sounds like kind of a minor incident. Do you A. Yes. Q. Any way that that incident you think affects your fairness in talking about the Chasse matter today? A. No, it doesn't. Q. Before I begin talking to you about the Chasse incident -- one more question. Do you have any

36 martial arts training? 36 A. No, Idon't. Q. Before I talk about the Chasse incident itself, have you had any contact with the Chasse family? A. No. Q. Talked to Mr. Chasse or Mrs. Chasse or Mr. Chasse's brother? A. I shook Mr. Chassels hand and the brother's hand at the memorial service and that's the only contact that I've had with them. Q. Have you talked to any lawyers about Mr. Chasse? A. No, I haven't. Q. Okay. You've shown me that you gave a statement to Detective Courtney at some point in time; is that right? jury? A. That's correct. Q. And did you actually testify at the grand A. Yes, I did. Q. And you were asked questions about the incident with Mr. Chasse? A. Yes, I was. Q. So let's consider that a statement as well.

37 A. Okay. 3 7 Q. Have you given any other statements to anybody regarding what you observed regarding Mr. Chasse? A. Define statements. Q. Well, sometimes perhaps someone came up to you and said, I'd like to ask you about this, and write things down, they might have a tape recorder that they use. I suppose they could use a video camera, some other means of recording, could be a court reporter, I suppose. A. Uh-huh. Q. Have you given statements to anybody regarding Mr. Chasse in any of those formats or some other format that maybe I haven't thought up? A. Matt Davis, David Halloran, and these gentlemen, John Bachelotti, Bachelot (phonetic). That was the most recent. These were years past. Q. Okay. And the first business card, I'm just picking this one up here, it's Matt Davis, News Reporter, and is that someone who interviewed you as part of his employment with the "Mercury"? matter? A. Correct. Q. Was he working on a story about the Chasse Schmitt & Lehmam, Inc.

38 A. He was. 3 8 Q. And how many times did he interview you regarding what you knew about the Chasse matter that you recall? A. Once. Q. Okay. Any other contact with Mr. Davis? A. Yes. Q. And what was that? A. Just meetings about the Chasse incident and just telephone conversations, , a quick correspondence about how the story was coming along and where it was going. Q. Okay. So were you initiating these stories, I mean writing him, saying, Hey, what's going on with the Chasse matter? A. Just inquiring to see if -- where it was progressing with city hall, with the police department, with the courts. Q. Okay. So you were using him as sort of an information source; is that right? A. That's correct. Q. Was he asking you questions as well? A. At that point, no. Q. Okay. Did he ask you -- I mean, you had this first interview with him. Did he interview you

39 Jamle Mlca Marquez, 8/7/ regarding the Chasse matter any other times or just 2 that once? 39 3 A. No, just that once. 4 Q. Anything about Mr. Davis we've not talked 5 about? 6 A. No. 7 Q. And the next indication has someone named 8 David Halloran spoke to you? 9 A. Correct. 10 Q. And do you know who he represented? 11 A. He represented the Chasse family. 12 Q. Did you give him a statement? 13 A. Yes, I did. 14 Q. On how many occasions? 15 A. Once. 16 Q. Anything else you've had contact with 17 Mr. Halloran and not talked about? 18 A. NO. 19 Q. I'll give you that back. And lastly there is 20 a business card says JRB on there? 2 1 A. Correct. 22 Q. And this is somebody you gave a statement to 23 as well? 2 4 A. That is. 25 Q. And do you know who that person represented?

40 1 A. I believe he represented Multnomah County Q. And how many times did you meet with that 3 person? 4 A. Twice. 5 Q. And on each of the occasions did you give 6 that person a statement? 7 A. Only on the first occasion. 8 Q. Do you know why the person came back a second 9 time and talked to you if you didn't give a statement? 10 A. To issue me a subpoena. 11 Q. Okay. Anything else? 12 A. NO. 13 Q. 1'11 hand you that back. 14 Have you made any other -- given any other 15 statements about the Chasse matter in either paper 16 format, electronic format, anything like that? A. Iboshi Q - A. Q. A. Q. A. Q. Electronic format I was interviewed by Kyle for KGW, and that would be it for electronic. And would that be a TV news story? Yes, it was. Do you know when that aired? No, I don't. Did you see it on TV? Yes, I did. Now, 1'11 try and focus in kind of a

41 chronological way about what happened with Mr. Chasse 4 1 that you observed at N.E. Everett and N.E. -- excuse me, N.W. Everett and N.W. 13th Street. Why were you there that day? A. I was working at the Blue Hour. Q. And how long had you been working at the Blue Hour at that time? A. About a year and a half. Q. The Blue Hour would have people who have a variety of what I'm just going to call job labels. What was yours? A. I was a bartender. Q. And that day was the bar inside or was it outside? also. A. The bar is inside, but I have tables outside Q. And as the bartender, do you take orders from people who are -- is it a patio? Is that what we would call the outside? A. Correct. Q. Did you take orders from people who were on the patio? A. Yes, I did. Q. And would you then go back into the facility itself and make the drinks and then return them to the

42 people? 42 A. I would. Q Is the bar, tending bar there, providing drinks to people on the patio, a different job from a person that's a waiter or a waitress there? A. Yes, it is. Q. Okay. And what was your shift that day, if you recall? A. My shift was 10:30 to three. Q. Was there more than -- were you a bartender? Is that what you would be called there? A. Yes. Q. Was there more than one bartender? A. NO. Q. That particular day, what was it that first caused you to realize that something was even happening outside? A. I was standing on the patio and I heard a commotion across the street in front of Homer Williams' office. Q. Do you know Homer Williams? A. Not personally, no, just through work. Q. All right. And when you heard this commotion, did you turn and look in that direction? A. Yes, I did.

43 about. Q. What did you see? A. I saw four human bodies kind of just flailing Q. Okay. And when you say "flailing about," it could mean a lot of different things. Are people standing up, are they sitting on the ground, are they lying on the ground? What would be their -- A. Kind of shoving around in a, just slow, lethargic movements trying to apprehend somebody. Q. Okay. Are the people standing up when this is going on? A. Yes, they are. Q. All right. And as they're in this slow, lethargic way standing, what happens? A. Well, by standing, it's not necessarily everybody standing straight up, you know, on -- standing upright. They were hunched, some were hunched, some were standing, but they weren't all on the ground except for Mr. Chasse. Q. So Mr. Chasse was on the ground and the other people around him, at least their feet were on the ground? A. Yes. Q. All right. And but they may be bent over; is that right?

44 A. Yes. 4 4 Q. Was anyone touching Mr. Chasse when you first saw him? A. Yes, they were. Q. And can you tell me if you know the kinds of people who were standing around Mr. Chasse? A. Two police officers and a sheriff. Q. All right. And how do you in your mind distinguish that this person is a police officer and this person is a sheriff? A. Sheriffs wear green uniforms, police wear blue uniforms. Q. If we start with the two police officers, when you first saw them, are they physically in contact with Mr. Chasse? A. Yes, they were. Q. And what were they doing? A. One had him down on the ground after the initial fall and the other was trying to assist the other police officer in apprehending him. Q. When you refer to the "initial fall," did you see Mr. Chasse fall to the ground? fall? A. Out of the corner of my eye. Q. Okay. And do you know what caused him to

45 1 A. It was -- from what it appeared to me, it 2 looked like a tackle. 3 Q. Okay. The word "tackle" can mean a lot of 4 different things. 5 A. Yes. 6 Q. Do you watch football? 7 A. Yes. 8 Q. Did you ever play football? 9 A. Flag football. 10 Q. All right. Tell me what tackle means to you 11 in terms of what you observed. 12 A. Like I mentioned earlier, it was kind of a 13 lethargic, kind of a slow, slower action, so it wasn't 14 anything like you would see on television in a 15 football game, so you can't really describe it as a 16 football tackle. It was more like a, a big guy just 17 trying to take down a little guy without trying to 18 hurt him too much. 19 Q. Okay. And I don't watch a lot of football, 20 but sometimes I see like defensive backs come up with 21 their hands in their chest and push someone in the 22 back and knock them down, somebody push them in the 23 ankles and knock them down. Other people sometimes 24 wrap their arms around people and take people to the 25 ground. 45

46 A. Yes. 46 Q. Did you see what part of the police officer's body came into contact with Mr. Chasse? A. It was the upper body. It seemed almost like a cross-armed, maybe an arm out, kind of knockover. Q. What you did, just for the record here, you took your arms and crossed them over your chest and then moved them in an outward way; is that right? A. That is correct. Q. All right. And when that happened to Mr. Chasse, what part of Mr. Chassets body was touched by the police officer? A. That I don't know. Q. Okay. And at that point in time when you observed that out of the corner of your eye, did Mr. Chasse fall to the ground? A. Yes, he did. Q. And then when he fell to the ground, the officer that made contact with him, that's a Portland Police officer? A. That's correct. Q. What happened to that Portland Police officer? What did he do? A. From what I remember, he was starting to hunch over Mr. Chasse and trying to apprehend him,

47 trying to get him in a lock, a hold to secure 4 7 Mr. Chasse. Q. All right. And in doing that, was he touching a particular part of Mr. Chasse's body? A. I don't remember at that particular moment in time what actually transpired. Q. When Mr. Chasse went to the ground, could you see how he fell to the ground; for example, where his arms were or something like that? A. No. Q. Was he carrying anything that you recall when he fell to the ground? A. NO. Q. Did he strike the ground in a hard way? A. Yes, he did. Q. Okay. And was he on pavement when that occurred? A. Yes, he was. Q. And you've told me that the first officer who made contact with him was trying to get a hold on him somehow. body? A. Uh-huh. Q. Would that be grabbing on to Mr. Chasse's A. Yes, he was.

48 Q. Do you know what part of his body he got 4 8 ahold of? A. The wrist. Q. Both wrists? A. Just the one wrist. Q. How about the other police officer? What was he doing? A. He was trying to assist the other, the officer, the apprehending officer. Q. What did he do to assist? A. I can't really remember what exactly he was doing. All I know is he was there trying to also take Mr. Chasse down to the ground. Q. Okay. And when Mr. Chasse was actually on the ground, did he actually have, the second officer, have contact that caused Mr. Chasse to be knocked to the ground or was he already knocked to the ground? A. He was already on the ground. Q. He was already on the ground? A. Uh-huh. Q. So he was trying to get ahold of Mr. Chasse; is that right? A. Uh-huh. Q. And then there was the third person you told me about, which is the green-uniformed deputy?

49 A. Yes. 49 Q. What's he doing during this time? A. Mostly observing. Q. How far away is he from where Mr. Chasse is and the two police officers? A. Next to them, within three feet, four feet. Q. And Mr. Chasse is on the ground and the two officers are trying to grab ahold of him, whatever it is they're doing. What's the next thing you see? A. They -- the two officers, the one that had the wrist, had him down on the ground, and the other assisting officer grabbed his ankles, so they had him on one end and another end on a wrist lock and then the other officer had him by his ankles. Q. So the wrist lock would be the officer closest to his head? A. Yes. Q. And the other officer is holding his feet? A. Yes. Q. Or that lower part of his body? A. Yes. Q. When you first saw the police officers make contact with Mr. Chasse, were the police officers saying anything that you could hear? A. Yes, they were.

50 1 Q. And what were they saying? 50 2 A. They were saying, Get on your stomach. 3 Q. Was he still standing up at that time or was 4 he on the ground then? 5 A. He was on the ground. 6 Q. And were the police officers -- did it sound 7 to you, at least it was your impression that they were saying that to Mr. Chasse? A. yes. Q. Were they saying anything to each other that you could hear, among the police officers? A. No, they weren' t. Q. Was Mr. Chasse saying anything back to the police officers at that time in the beginning? A. Yes, he was. Q. And what was Mr. Chasse saying? A. He was saying, No, I don't want to get on my stomach. No. Q. Was he saying that in -- well, how far are you from Mr. Chasse when that's happening, roughly? A. About 15 to 20 feet. Q. All right. And can you hear him clearly? A. Yes, I could. Q. And when he says that, is there any further conversation that's taking place?

51 A. NO. Q. So the police officers are telling him to get onto his stomach, and is he at that time not on his stomach? A. No. Q. How is he lying on the ground or what's his contact with the ground? A. He's on his back. Q. All right. And when he's on his back and the one officer has a wrist lock on him, is Mr. Chasse lying still, is he moving, what's he doing? A. He ' s moving. Q. And how would you describe his movement? A. Rapid squirming. Q. Is he resisting the officers? A. Yes, he is. Q. And could the officer -- could the two officers who have got ahold of him control him? A. No. I say that only because the situation that they had him in is -- it was a very uncontrollable situation. Q. And tell us what you mean by that. A. Well, to get somebody on your stomach, it doesn't really take a whole lot of force to flip 25 somebody over, but when you have his arm pinned in the

52 lock and the other arm is underneath him, it's really 5 2 kind of hard to flip someone over when you have the wrist in the lock that they had him in. Q. Okay. And so I understand this right, do you know if it was Mr. Chasse's left arm or his right arm that they had a lock on? A. I believe it was his left. Q. All right. And is he facing you or is his back toward you when this is happening? A. He's still on his back, so hers facing straight up. Q. Straight up. And can you see his face at that time? A. yes. Q. When you look at his face, is there any way you can look at his face and say he's injured at that point? A. NO. Q. And when the officers are telling him to get onto his stomach, he has one hand tucked under his body; is that right? A. Yes. Q. And that would be the hand that the police officer doesn't have ahold of? A. Correct.

53 53 Q. What's the next thing that happens? A. They finally get his other arm, so now officers have one wrist, one wrist, and the other officer has ankle, ankle. Q. So who joined that, because there were only two people initially. Right? A. It was the same officer that had the first wrist, so he was able to get his other wrist out from underneath him. Q. Okay. I understand that. So one officer has both wrists, one in each hand; is that right? A. Uh-huh, correct. Q. And is the other officer still at the lower part of Mr. Chasse's body? A. Yes, he is. Q. And is Mr. Chasse still on his back? A. Yes, he is. Q. And is the deputy still standing adjacent by, not doing anything? A. Yes. Q. Are they saying anything at that point in time that you can hear? A. Just to get on your stomach. Q. What's the next thing that happens? A. The officers started trying to lift him up

54 and flip him over. As they're doing that, he's still 5 4 squirming, moving about rapidly, trying to resist being flipped over. So the officers started kind of slamming him into the, into the ground. I don't know as a, as a way to try to get him over, but as they're doing that, he's slamming into the ground, they're slamming into the ground, and they're trying to flip him over, and it's not working. Q. And looking at you, I'm going to try and accurately portray this. So the one officer is holding both wrists. A. Uh-huh. Q. Is he picking Mr. Chasse up by the wrists off of the ground? A. Yes. Q. And is the other officer who is at his lower part of his body, is he picking Mr. Chasse up off the ground as well? A. Yes, he is. Q. Are they doing this in unison? A. Trying to, I believe. Q. Okay. And is the reason it's not working because Mr. Chasse is resisting and squirming? A. Correct.

55 Q. Okay. And when they're picking him up off 55 the ground as you've described, how high up off the ground are they picking him up? A. Two to three feet. Q. Okay. And then are they dropping him back down to the ground? A. Yes. Q. And when that's happening to Mr. Chasse, can you see what part of his body is striking the ground? A. His back. Q. Okay. And how many times do you recall him being, I'm going to call -- first of all, let me back up here. As they pick him up, do they try and somehow flip him over? A. Yes, by reversing his -- their holds on him to try to get him around and about. Q So, for example, the officer holding both hands is crossing his arms, is that right -- A. Yes. Q. -- and trying to twist Mr. Chasse? A. Yes. Q. And is the officer at the feet, from what you can see, also trying to twist his legs over? A. That is correct. Q. And it's just not working; is that right? Schmitt & Lehrnann, Inc.

56 1 A. That's correct Q. Okay. And I think you've told me, but how 3 many times do you recall Mr. Chasse being picked up 4 and dropped to the ground? 5 A. About two to three. Q. What happened -- are they saying anything at this time other than, Get on your stomach? A. No. Q. Is there any talk between the officers themselves? A. No, there isn't. Q. What's the next thing that happens? A. From that moment on, it's -- the officer holding the wrists -- Chasse is still on his back. The officer holding his wrists starts trying to pin him down on the ground and the officer holding his feet somehow I think loses one of his ankles in the fray, and Chasse starts kicking. The officer holding his wrists made a few striking motions to hit him, brought his fist up in the air to, to strike down at him, but didn't. Q. Let me stop you there for a second. So the officer in the front part of the body; is that right? A. Uh-huh, correct. Q. You're indicating made a fist and is sort of

57 1 showing it to Mr. Chasse in terms of a warning? 2 A. Correct. 3 Q. Is that right? 4 A. Correct. 5 Q. So did he let go -- he had to let go of one 6 of the two hands of Mr. Chasse at that time; is that 7 right? 8 A. That's correct 9 Q. And the other officer, though, is still down 10 at the lower part of his body holding on to his legs, 11 but one leg somehow gets free? 12 A. Yes 13 Q. Is that a fair statement? 14 A. That's correct. 15 Q. Are they again saying anything to Mr. Chasse 16 other than, Get on your stomach? 17 A. There is no, no communication at this point anymore. Q. No communication at all. And is Mr. Chasse saying anything back to them? A. At this point Mr. Chasse was just screaming. Q. Okay. And how would you describe his screaming? A. Just kept screaming at the top of his lungs, NO, no, no. 5 7

58 Q. Anything else we've not talked about that's happened so far? A. I believe in that -- in losing the foot, the one officer was kicked in the face, because I did notice a red spot on one of the cheeks of the officer at the -- holding the feet. Q. And did you see the kick or did you later see a red spot and are kind of assuming that's what happened? A. I later saw a red spot. Q. You saw a red spot? A. Uh-huh. Q. But did you see the kick itself? A. No, I didn't. Q. When did you first notice the red spot? A. About a minute after he lost control of his one foot. Q. Okay. So what's the next thing that happened? A. The next thing that happened is the officer at the head of Mr. Chasse, like I said, made a couple striking motions to, to come down on him; didn't. It appeared he thought about it, didn't do it, but then about 30 seconds later, during the whole entire fray, I heard one of the guests on the patio say, I think he 58