Brenda Grant's Deposition

It wasn't me, it was Agatha Stewart

For those using music capable Internet Explorer or AOL, text accompanied by theme of "Tales From The Crypt"

SOUTHERN DISTRICT OF NEW YORK

2 ----------------------------------------------

3 CARYL B LEVENTHAL,

4 Plaintiff,

5 -against

6 HON. JANET RENO, ATTORNEY

GENERAL OF THE UNITED STATES,

7

8 Defendant.

----------------------------------------------

9

100 Church Street

10 New York, New York

11 July 12, 2000

10:00 A.M.

12

13 EXAMINATION BEFORE TRIAL OF Non-Party witness,

14 BRENDA JOYCE GRANT, taken by the Plaintiff, pursuant

15 to Court Order.

16

17

18

19

20

21

22

23

24

25

BETSY CONDIOTTI COURT REPORTING SERVICES (732) 774-2902

4

1 IT IS HEREBY STIPULATED AND AGREED by and

2 between the attorneys for the respective parties

3 hereto that the sealing and filing of the transcript

4 of the within examination before trial be, and the

5 same hereby are waived; and that said transcript may

6 be signed and sworn to before any Notary Public or

7 Commissioner of Deeds with the same force and effect

8 as if signed and sworn to before an officer of this

9 Court;

10

11 IT IS FURTHER STIPULATED AND AGREED that all

12 objections, except as to the form of the questions,

13 are reserved to the time of the trial.

14

15 IT IS FURTHER STIPULATED AND AGREED between

16 the attorneys for the respective parties hereto that

17 a copy of this examination shall be furnished the

18 attorney for the Plaintiff without charge.

19

20

21

22

23

24

25

5

1 BRENDA JOYCE GRANT, a witness herein,

2 residing at ----- ------- Place, New York, New

3 York, after having been first duly sworn by a

4 Notary Public of the State of New York, testified

5 as follows:

6 EXAMINATION BY

7 MR. BRESSLER:

8 Q Please state your name for the record.

9 A Brenda Joyce Grant.

10 Q Where do you reside?

11 A ------ -------- Place, New York, New York

12 10032.

13 Q Good morning, Mrs. Grant.

14 A Good morning.

15 Q I have to ask these preliminary questions.

16 Have you ever been deposed before?

17 A No.

18 Q Just some preliminary things. If you do not

19 understand the question, please tell me, and I will

20 attempt to rephrase it. Please wait until the question

21 is completed before you give an answer to keep the record

22 clear. If you need a break at any time, tell me or Mr.

23 Fisher, and we can have a break, okay.

24 In the past 24 hours have you taken any

25 drugs, medication, alcohol or anything else that would

B. J. Grant 6

1 make you unable to correctly be deposed today?

2 A No.

3 Q Have you read any papers, documents, et

4 cetera, prior to coming here in preparing for this

5 deposition?

6 A What kind of papers?

7 MR. FISHER: Ask Mr. Bressler.

8 A Oh, what type of papers?

9 Q Any documents at all?

10 A Yes.

11 Q Do you know what they were?

12 A Some of the paperwork that I had written.

13 Q Could you be more specific about what

14 paperwork?

15 A Memorandums, notes.

16 Q Anything else?

17 A Not that I can remember.

18 Q Who is your current employer?

19 A Immigration and Naturalization Services, 970

20 Broad Street, Newark, New Jersey.

21 Q What is your title?

22 A I am a Supervisory District Adjudication

23 Officer.

24 Q How long have you worked in that position?

25 A Since 1995.

B. J. Grant 7

1 Q How long have you worked in Newark?

2 A Since November 8, 1999.

3 Q What were the circumstances of you leaving

4 New York and going to Newark?

5 A Just a change.

6 Q You mean change of scenery, change of pace?

7 A No, change in work, in the work load, work

8 load of New York is very heavy.

9 Q I guess you did not change any title when

10 you moved to Newark?

11 A No, sir.

12 Q Before you became Supervisory District

13 Adjudication -

14 A Officer.

15 Q -- Officer, what was your position?

NOTE: This is not true.  Brenda Grant was Acting Section Chief.  It appears that she might have been demoted or at least denied the possible promotion.

16 , A I was a Senior District Adjudication

17 Officer.

18 Q How long had you held that position?

19 A About a year, I think.

20 Q It was in 1994 to 1995?

21 A Yes.

22 MR. FISHER: Try to speak up.

23 A Yes, yes, I am sorry.

24 Q Prior to that?

25 A I was a District Adjudication Officer.

B. J. Grant 8

1 Q What years did you hold that title?

2 A I think it was 1988.

3 Q I assume, 1988 to 1994?

4 A Correct.

5 Q When did you first start at Immigration and

6 Naturalization Services?

7 A September 13, 1971.

8 Q Before you were District Adjudication

9 Officer, what position did you hold?

10 A I was a Supervisory Applications Clerk.

11 Q What years were you that?

12 A From 1982 to 1988.

13 Q That was in Section 245?

14 A That is correct.

15 Q Prior to 1982, did you work in Section 245?

16 A No.

17 Q What was your position before you were

18 Supervisory Applications -

19 A I was in Deportations as a lead and docket

20 clerk.

21 Q What years did you hold that position?

22 A All I can say is, maybe 1980 to 1982, I

23 don't remember.

24 MR. FISHER: Did you say, I don't remember?

25 THE WITNESS: I don't really remember, but

B. J. Grant 9

1 it's around.

2 MR. FISHER: Just try to keep your voice up

3 through the whole answer so the court reporter can

4 get everything down.

5 THE WITNESS: Okay.

6 Q Before you became the Supervisory

7 Applications Clerk in Section 245, do you know who held

8 the position?

9 A Yes.

10 Q Who was that?

11 A Rudy Marotta.

12 Q Do you know why he left that position?

NOTE: In Agatha Stuart's Deposition, she claims Rudy Marotta was promoted.  Agatha Stuart also claims that until Caryl Leventhal was hired, every other Supervisory Applications Clerk was African American.  As Brenda Grant's testimony unfolds you will find that she doesn't correctly remember who worked for her in this position.  Her answers directly conflict with that of Agatha Stewart (who replaced Ms. Grant).  Ms. Grant will also attempt to claim there was one other white Supervisory Applications Clerk besides Caryl Leventhal over the last two decades.  This also conflicts with Agatha Stewart's testimony.

13 A He retired.

14 Q When you became the Supervisory Applications

15 Clerk, was that a promotion?

16 A Yes.

17 Q Prior to your moving to Newark, you were

18 always in New York?

19 - A Yes.

20 Q At the time you became Supervisory

21 Applications Clerk, that was the first time you were

22 working in Section 245?

23 A Can you repeat that?

24 Q At the time in 1982, you became Supervisory

25 Applications Clerk in Section 245?

B . J . Grant 10

1 A Yes.

2 Q Prior to that, did you ever hold any

3 position in Section 245?

4 A No.

5 Q After you left the position of Supervisory

6 Applications Clerk, do you know who replaced you?

7 A Yes, I only know her first name, and that's

NOTE: What follows is also not true according to Agatha Stewart's testimony

8 Pam.

9 Q Do you know how long she held that?

10 A No.

11 Q Do you know what her race was?

12 A White.

13 Q Mr. Marotta was also white?

14 A Correct.

15 Q Do you know when Mr. Marotta held the

16 position of Supervisory Applications Clerk?

17 A The actual date or -

18 Q Approximately the years he was in the -

19 A Well, he was my supervisor when I was clerk.

20 So, he was there for many years.

21 Q But do you know what year he took the title

22 or took the position of Supervisory Applications Clerk?

23 A No.

24 Q Do you know who replaced Pam in the

25 position?

B. J. Grant 11

1 A Yes.

2 Q Who was that?

NOTE: What follows is also not true.  Sheryl Lynn Phillips replaced Caryl Leventhal.  Pearlie Wilkins was before Caryl Leventhal until her retirement.  There will be many times that Brenda Grant will appear either confused or incapable of remembering key facts that should be at her command.  Considering that so many of her people were arrested for Criminal activity (click on the navigation button entitled "INS Criminals" above), it indicates a total lack of supervisory aptitude and judgment.  

3 A Sheryl Lynn Phillips.

4 Q Do you know when Ms. Phillips became the

5 Supervisory Applications Clerk?

6 A I don't remember the date.

7 Q Do you have any idea? Do you know who

8 replaced Ms. Phillips in that position?

9 A She is still there.

10 Q In the Supervisory Applications Clerk

11 position?

12 A It's my understanding that she is still

13 holding that position, Sheryl Lynn Phillips, unless

14 something has changed since I left New York.

15 Q Was there anyone who held the position

16 between Pam and Ms. Phillips?

17 A Not that I can remember. Oh, Mrs.

18 Leventhal, of course. Mrs. Leventhal, Caryl.

19 Q You are saying that Caryl, Mrs. Leventhal,

20 replaced Pam, and then she was replaced by Ms. Phillips?

21 A Wait a minute. I have to think about that

22 because you are taking me back a bit. Caryl was there

23 before Pam. Pam came after.

24 Q Okay.

25 A It's Pam, and then it's Sheryl -- it's

B. J. Grant 12

1 Caryl, Pam, and Sheryl.

2 Q Do you know who held the position before

3 Caryl?

4 A No, I wasn't there, on the floor, no.

NOTE: Caryl Leventhal replaced Pearlie Wilkins who worked with Brenda Grant for years until she retired sometime in late 1994 or early 1995.  Caryl Leventhal is brain damaged and she remembers this.  Agatha Stewart knew this immediately.  And it was Brenda Grant who complained about Ms. Leventhal's recollection skills when she wrote her recommendation for Caryl's termination in July 1996.

5 Q There was definitely someone between Mr.

6 Marotta and Caryl?

7 A Yes, it was me.

8 Q I mean there was someone between you and

9 Caryl?

10 A Yes.

11 Q Who was that?

12 A I don't recall.

13 Q Was there one person between Caryl and

14 yourself in that position or more than one?

15 A I don't understand.

16 , Q You were replaced by someone, and then

17 eventually that person may have been replaced by someone

18 else but eventually Caryl held that position?

19 A Right.

20 Q But you don't know any of the names of the

21 people between the time you held the position, and Caryl

22 held the position?

NOTE: On many occasions, you will find Brenda Grant hiding behind the concept that she was on either the 8th floor or 10th floor while some of her people were on another floor.  Later on Ms. Grant uses this as an excuse for the fact that she didn't know her people were spending much of their time collecting payoffs in the bathrooms and hallways of INS 26 Federal Plaza for a period of years.

23 A No, because I wasn't on the floor. I was in

24 another section.

25 Q Okay, that is fine. Do you know what the

B. J. Grant 13

1 duties and job description of a Supervisory Applications

2 Clerk are?

3 A Yes.

4 Q Can you describe them?

5 A You have to direct the operation, you have

6 to assign work to your employees, you grant and you

7 authorize leave to your employees, you take care of the

8 clerical duties of the office, and you assist the

9 Supervisory District Adjudication Officer.

10 Q Were those duties the same when you held

11 this position, as when Mrs. Leventhal held the position?

12 A Yes.

13 Q And whoever is holding it now, Ms. Phillips'

14 holds the position?

15 A Yes.

16 Q Okay. Does this position require lifting

17 and carrying boxes of files?

18 A Occasionally, yes.

19 Q Does it involve carrying boxes that are over

20 fifteen pounds?

21 A That's your choice. You can take them out

22 of the box, and take a few out at a time. If you choose

23 to pick up a book of fifteen pounds or more, it's your

24 choice. It's not mandatory.

25 Q Did you ever have to carry boxes weighing

B. J. Grant 14

1 over fifteen pounds when you were a Supervisory

2 Applications Clerk?

3 A I lifted boxes, yes, but then I also took

4 boxes -- files out of boxes if it was heavy.

5 Q That was permissible?

6 A Yes.

7 Q Was it permissible to use a wagon of some

8 sort to carry boxes?

9 A Yes, we have wagons.

10 Q Okay. Did the position, do you know,

11 require climbing shelving over five feet?

12 A We had stepladders, if that's what you mean.

13 Q Yes.

14 A Yes.

15 Q Let us assume that if a Supervisory

16 Applications Clerk could not reach the top of the shelves

17 or carry the boxes, would she be permitted to get

18 assistance from another, from another clerk under her or

19 someone in the office?

20 MR. FISHER: Objection as to form. You can

21 go ahead, answer it.

22 A Certainly, as a supervisor you assign your

23 duties, and you have male file clerks, so if you cannot,

24 if you wish not to pull files off the shelf. That's why

25 you have a male file clerk in the office, to do that for

B. J. Grant

1 you.

NOTE: Caryl Leventhal always claimed that members of her staff would refuse to help her with carrying or obtaining any files.  Their response was to say that it was not their job.  She would then go to Brenda Grant who would tell her "It's your job."  And on more than one occasion as she walked towards Ms. Grants office, she would hear her clerks (mostly African-American) giggling behind her back and muttering "she's not one of us."

2 Q Do you recall Mrs. Leventhal ever having a

3 problem with lifting and carrying boxes?

4 A Yes, she may have mentioned it, yes.

NOTE: Caryl Leventhal always claimed that she would plead with Brenda Grant to secure help for her.  She would tell Brenda Grant that someone with Multiple Sclerosis couldn't do heavy lifting and that climbing was dangerous because she could fall.  

5 Q Did you take any action in response to her

6 complaints?

7 A Yes, I probably, more than likely, I told

8 her she can have one of the clerks take them down for

9 her, one of the male clerks.

10 Q Did at any time you say that is not a

11 clerk's job, that is your job, in connection with lifting

12 boxes?

13 A No, not that I can -- no.

NOTE: Here, Brenda Grant is going to fall back on the old lawyer ploy that saying you can't recall isn't a lie.  She initially tries to hide behind the "training" given her by the US Attorney, but lapses into an old fashioned lie.  It took more than four months to secure Brenda Grant's deposition.  The US Attorney cancelled four times -- probably out of fear for what she might reveal.    

14 Q The same would be true about climbing

15 shelving, do you recall her ever complaining that she

16 can't really get up and get boxes off a particular shelf?

17 A Yes, I remember that.

18 Q Did you take any action for that complaint?

19 A Yes, like I told you before, I told her to

20 have one of the male clerks take it down for her.

NOTE:  No!  Brenda Grant always told Caryl Leventhal "that's your job."  Some would conclude that forcing an individual with Multiple Sclerosis to climb an unsteady ladder to retrieve heavy files was cruel.  Others might say that knowingly placing someone's life at risk was attempted murder.  None of these acts of manual labor were in Caryl Leventhal's job description.  And if she knew there would be heavy manual labor, Ms. Leventhal would not have accepted the position.  To do so would be suicidal.

21 MR. FISHER: When you say male clerks, is

22 that M-A-L-E?

23 THE WITNESS: M-A-L-E.

24 Q What is the function of Section 245?

25 A Okay. These are applicants that are

B. J. Grant 1

1 applying for permanent residency which we call green card

2 holders. We have applicants coming in for interviews

3 that are being interviewed by officers. The clerical

4 people prepare the cases prior to the interview.

5 Q At the time Mrs. Leventhal was the

6 Supervisory Applications Clerk, do you know approximately

7 the size of the clerical staff, how many people were in

8 the clerical staff?

9 A May have been approximately 25, more or

10 less.

11 Q Was that the same when you were the

12 Supervisory Applications Clerk?

13 A No.

14 Q Has it grown or -

15 A I supervised 40 when I was there.

16 Q Is there a reason there was less staff?

17 A Well, yes, computers at that time -- there

18 was nothing but typewriters during my era.

19 Q Of these 25 people that were working there,

20 at the time that Mrs. Leventhal was working there, do you

21 know approximately how many of them were

22 African-American?

23 A No, I couldn't give you a count without

24 looking at a sign-in sheet.

25 Q Do you recall in general was the department

B. J. Grant 17

1 predominantly African-American?

2 A African-American and Hispanic.

3 Q Just general impression, compared to other

4 parts of the New York District Office, would you say that

5 there were a disproportionate number of African-Americans

6 there than in the office in general?

7 MR. FISHER: Objection to the form of the

8 question.

9 A No.

NOTE:  This is untrue, but in itself (minus the prevalent racist and religious bigotry) not damning on its face.

10 Q You mean it is about normal?

11 MR. FISHER: Objection as to the form of the

12 question.

13 A Yes.

14 MR. FISHER: Do you want her to answer the

15 question?

16 A Yes.

17 MR. BRESSLER: Yes, she did answer.

18 Q Do you know, if you recall, and this is when

19 Ms. Leventhal was there, in 1995, 1996, do you know if

20 there were any Jews working in Section 245?

21 A Yes.

22 Q Do you know who they were?

23 A Mel Wasserman for one.

24 Q Anyone else?

25 A Not that I can recall at this time.

NOTE: Mel Wasserman was a long time employee of INS.  In addition, his status of Shop Steward offered him "protection." 

B. J. Grant 18

1 Q At the time Mrs. Leventhal was Supervisory

2 Applications Clerk, what was your position?

3 A Well, first I was a Supervisory District

4 Adjudication Officer, as her immediate supervisor, and

5 then I received the Acting Section Chief position during

6 that period. I became her second line of supervisor.

7 Q Who took over as her immediate supervisor?

8 A Agatha Stewart, and Loretta Willite. [NOTE: The correct spelling is "Wilhite."]

9 Q When you got that promotion were you still

10 working on the same floor as Mrs. Leventhal?

11 A Yes.

12 Q Do you know the approximate month and year

13 that you got the promotion?

14 A I don't remember 'cause I had the position

15 twice.

16 Q Would you say it is probably in 1996?

17 A Could be.

18 Q Early 1996?

19 A Yes.

20 Q When you were Caryl Leventhal's immediate

21 supervisor, did you permit the employees of Section 245

22 to put up Christmas decorations?

23 A Yes.

24 Q Do you recall Mrs. Leventhal asking if she

25 could put up a Hanukkah decoration of any kind?

B. J. Grant 19

1 A No.

2 Q Did you ever discuss religion with Mrs.

3 Leventhal, her religious beliefs?

4 A No.

NOTE: Religion was a big topic of discussion ... particularly when people wanted to take days off for observance.

5 Q Do you know what her religion was or

6 religion that she practiced?

7 A Yes.

8 Q What was that?

9 A Judaism. She told me her husband was

10 Jewish.

NOTE: Brenda Grant previously stated that religion was never discussed.  Now we find that as Caryl Leventhal always said, religion was a common topic. 

11 Q Do you recall when she told you?

12 A Shortly after being hired we had a

13 conversation.

NOTE:  They sure did.  Brenda Grant approached Caryl Leventhal and asked what religion she practiced.  Ms. Leventhal told her that she was not born Jewish but followed Judaism for many years.  Brenda Grant became irate. 

14 Q Do you know when Mrs. Leventhal was hired?

15 A October 23, 1995.

16 Q Did you have any role in choosing Mrs.

17 Leventhal for the position?

18 A No.

19 Q Do you have an opinion about Mrs.

20 Leventhal's job performance?

21 MR. FISHER: Objection as to the form of the

22 question. You can go ahead and answer.

23 A Yes.

24 Q What is that opinion?

25 MR. FISHER: Objection as to form.

B. J. Grant 20

1 A She wasn't competent enough to complete the

2 duties of the position.

NOTE: This is interesting.  Caryl Leventhal had just finished working for a private sector company where her duties were far more detailed and high paced.  She worked in this private sector Marketing Research organization for some THREE and ONE-HALF YEARS, getting consistently good written reviews, salary increases of some 15% per year and bonus'. 

3 Q Was that from the beginning or did you feel

4 that way from the time she started until the end or did

5 you have a change in opinion through her employment?

6 MR. FISHER: Objection as to form.

7 A Well, initially you have to give a person a

8 chance, in other words, to learn the position. So, you

9 allow for mistakes in the beginning, but after maybe

10 three, four, maybe eight months, she was still doing the

11 same, having the same errors.

12 Q What kind of errors were those, if you

13 remember?

14 A Sure. Failing to annotate the sign-in

15 sheets properly, as far as the employees' annual leave

16 and overtime. She had telephone messages where she

17 listed our extension as the person's extension, in other

18 words, to call back. I would have to look at some of the

19 other things. I know I had copies and samples of a lot

20 of things that occurred during a period of time.

NOTE: Doing a solidly professional job in these areas appears in the written evaluations of her former place of employment.

21 Q Did you ever talk to Mrs. Leventhal about

22 these errors?

23 A Numerous occasions.

24 Q Do you recall the substance of the

25 conversations, any of the conversations?

B. J. Grant 21

1 A No, not word by word. No, I can't remember

2 back that far.

3 Q Did you tell her maybe you should try this

4 or that or -

5 MR. FISHER: Objection as to the form.

6 A Example, she would assign cases to employees

7 that had already been completed by other employees. So,

8 I would bring that to her attention, and it just kept

9 happening, and she had assistance. She had a lead in -

10 an application clerk which was Ms. Filbert.

NOTE: One of Ms. Leventhal's complaints was that cases were completed in a shoddy manner.  Caryl Leventhal has stated in her depositions that Ms. Grant was more interested in quantity than quality.

11 Q Speaking of Ms. Filbert, how long have you

12 known Ms. Filbert?

13 A I hired her. I don't remember the actual

14 date but I hired her when I was a Supervisory

15 Applications Clerk.

16 Q Do you recall Mrs. Leventhal ever

17 complaining about any problems she had with Ms. Filbert?

18 A Yes.

NOTE: And after Caryl Leventhal would complain about Ms. Filbert's attitude, Brenda Grant and Ms. Filbert would laugh at Caryl when they were together in Ms. Grant's office.  Aside from Ms. Filbert's vile and insubordinate nature, was Caryl's view that she would use the ploy of filling her desk with files and not working on them.  According to Ms. Leventhal, Ms. Filbert's greatest accomplishments were stuffing her face with crackers and cookies all day long ...  That is, when she wasn't in Brenda Grant's office gossiping.

19 Q Do you recall what the problems were?

20 A I can't remember exactly what the problems

21 were, but I know that they didn't get along too well,

22 communication wasn't too well.

23 MR. FISHER: He asked for -

24 Q Do you remember Mrs. Leventhal attempting to

25 discipline Ms. Filbert in some way?

B. J. Grant 22

1 A No.

2 MR. FISHER: Objection as to form.

3 A No, I cannot remember that.

4 Q Ms. Filbert was under Mrs. Leventhal, is

5 that correct?

6 A Yes.

7 Q In a conflict between Mrs. Leventhal and Ms.

8 Filbert, did you support Mrs. Leventhal?

9 MR. FISHER: Objection as to the form of the

10 question.

NOTE: The term "Objection as to form" is a lawyer ploy designed to warn a witness to think about their answer.

11 A If she was right.

12 Q What if she was wrong?

13 MR. FISHER: Objection as to the form of the

14 question. Are we talking about a specific

15 incident, a hypothetical question?

16 , Q Do you recall?

17 A Would you support someone that's wrong?

18 Q That is a good question.

NOTE:  Her answer should be an immediate and definite no.  In addition, since Ms. Filbert was subordinate to Ms. Leventhal, any criticism of Caryl Leventhal should be in private and never in front of Ms. Filbert.  This is what good management skills and professionalism are all about.  

19 MR. FISHER: Let Mr. Bressler ask the

20 questions.

21 MR. BRESSLER: Right.

22 Q Do you recall an instance where Mrs.

23 Leventhal was trying to discipline Ms. Filbert, and you

24 felt Mrs. Leventhal was wrong?

25 A No.

B. J. Grant 23

1 Q In general though, wouldn't it show you did

2 not support the chain of command?

3 MR. FISHER: Objection as to the form of the

4 question.

5 A Yes, you are supposed to support your chain

6 of command.

7 Q Wouldn't it undermine the authority of the

8 supervisor if someone above her takes the side of an

9 underling, I will say?

10 MR. FISHER: Objection as to the form of the

11 question.

NOTE: Another "Objection as to form" warning to Ms. Grant.  The US Attorney is very worried about Ms. Grant's responses.  Not only are they indicating incompetence, but irresponsible preference towards Ms. Filbert.

12 A It depends on what it is.

13 Q Do you recall Mrs. Leventhal complaining

14 that her authority is being undermined by you taking the

15 side of Ms. Filbert?

16 A She could have, I don't really recall.

17 Q Do you understand why she would feel that

18 way?

19 MR. FISHER: Objection as to the form of the

NOTE: Eric... let the witness answer.  Stop warning her.  

20 question.

21 A No.

22 Q Talking about sick leave policy, can you

23 briefly describe Immigration and Naturalization Services'

24 policy regarding a person taking sick leave?

25 A Certainly. If you know beforehand, okay,

B. J. Grant 24

1 you are to request your sick leave by using a form,

2 submitting it to your immediate supervisor, and waiting

3 for an approval. If you are home, and you are requesting

4 sick leave, you are to call your immediate supervisor and

5 get authorization. If you are out more than three

6 consecutive days you need a doctor's note upon return.

7 Q If you are sick, and you call a second level

8 supervisor, would that be improper, and that would not be

9 legitimate, that you wouldn't get leave in that

10 circumstance?

11 MR. FISHER: Objection as to the form of the

12 question.

NOTE:  This "Objection to form" displays real desperation on the part of the US Attorney.  It has already been determined through evidence that when Ms. Leventhal (a victim of Multiple Sclerosis) was made critically ill by the actions of people like Brenda Grant, she complied fully with regulations.  Caryl Leventhal even sent in MRI reports and Doctor's notes via certified mail.  And yet, she was marked AWOL (absent without official leave) every hour of every day she was home critically ill.  Caryl was denied accumulated sick pay and accumulated annual leave.  And she was then terminated without warning on the grounds that her being home critically ill displayed "lack of dedication to your job."  Mrs. Leventhal was immediately replaced by an African-American,  continuing the trusted "ethnic purity" that marked the position of Supervisory Applications Clerk in a corrupt and indolent Section 245.  In this way, Section 245 was clear to continue selling green cards and processing incomplete visa applications to the detriment and safety of America.

13 A You have broken your chain of command. You

14 are supposed to call your immediate supervisor, unless

15 the immediate supervisor is not available, okay, then you

16 can call your second.

17 Q Have you ever taken sick leave?

18 A Yes.

19 Q Did you call your immediate supervisor every

20 time?

21 A If they are available, yes, if they are

22 there.

23 Q If there is a circumstance where someone is

24 very, very critically ill, and they called their second

25 line supervisor, in that kind of situation would that be

B. J. Grant 25

1 acceptable?

MR. FISHER: Objection as to the form.

A Yes.

NOTE: Then why on earth was Caryl Leventhal denied accumulated sick pay, accumulated annual leave and marked AWOL?  

5 A Yes.

6 Q Do you ever recall discussing having high

8 A Yes.

9 Q Do you remember the approximate month and

10 year that you discussed that?

11 A No.

12 Q Do you recall at the time you were

13 discussing high blood pressure, Mrs. Leventhal mentioning

14 she suffered from multiple sclerosis?

15 A No, I don't remember that.

NOTE:  When Brenda Grant informed Caryl Leventhal that she had high blood pressure, Ms. Leventhal told her that she had Multiple Sclerosis.  Brenda Grant was informed by Caryl that she had Multiple Sclerosis on many occasions.  Frequently, this involved Caryl Leventhal pleading with Ms. Grant for help with the heavy lifting and climbing.

16 Q At any time do you recall Mrs. Leventhal

17 telling you she had multiple sclerosis?

18 A The first time that I recall that Mrs.

19 Leventhal informed me of her having multiple sclerosis is

20 when she brought the doctor's note.

NOTE:  Caryl Leventhal did not bring a doctor's note to Brenda Grant.  It was mailed in via certified mail when she was home critically ill with an exacerbation of Multiple Sclerosis.

21 Q Do you know when that was?

22 A June of 1996.

23 Q At the time that Mrs. Leventhal complained

24 about lifting packages and having to climb shelves, do

25 you recall her saying this is very painful, this is very

B. J. Grant 26

1 difficult because I have multiple sclerosis?

2 A No, she never told me that.

NOTE: If Ms. Leventhal wished to commit suicide, she would have chosen a less painful method than slow agonizing death through prolonged physical labor.

3 Q Did any employee of Immigration and

4 Naturalization Services ever tell you that Mrs. Leventhal

5 had multiple sclerosis, prior to June 1996?

6 A No.

7 Q Before Mrs. Leventhal was hired into your

8 department, did you have any discussions with any

9 employees of Immigration and Naturalization Services,

10 about her?

11 A Not that I can recall.

12 Q Did you know anything about Mrs. Leventhal

13 before the date she was hired?

14 A Only that -- I knew who the two supervisors

15 were who at the time interviewed her.

16 Q Do you know what their names were?

17 A Linda Pritchert, and Gwen McPherson.

NOTE: Gwen McPherson (Brenda Grant's boss) did not interview Caryl Leventhal for the position.  The people that interviewed Caryl Leventhal were Ms. Rose Chapman and Ms. Gee.

18 Q Did either Mrs. Pritchert or Mrs. McPherson

19 say anything to you about Mrs. Leventhal?

20 A Yes, they had nothing but kudos for her.

21 Q Just on a side note, did you ever talk to

22 anyone at Immigration and Naturalization Services in

23 Newark about this case?

24 A Yes.

25 Q Can you tell me who you spoke with?

B. J. Grant 27

1 A My supervisor, number one, Joseph P. Mayor.

2 Q Anyone else?

3 A Kim Zanotti.

4 Q What is Ms. Zanotti's position?

5 A She was Supervisory District Adjudication

6 Officer.

7 Q Anyone else?

8 A Not that I recall.

9 Q Can you recall the substance of those

10 conversations?

11 A Just that I have to report here today for a

12 deposition, that I was here on a previous occasion where

13 you weren't here, okay. That's about it.

14 Q Did you have any talks about what you were

15 going to say at this deposition?

16 , A No, because I have never sat on a deposition

17 before, so I didn't know what you were going to say.

18 Q Did anyone, prior to Mrs. Leventhal working

19 in Section 245, did anyone tell you you should treat Mrs.

20 Leventhal in a certain way, good or bad?

21 MR. FISHER: Objection as to form.

22 A No.

23 Q Have you ever marked Mrs. Leventhal AWOL?

24 A Yes.

NOTE:  The only time Caryl Leventhal was ever marked AWOL was when she was home confirmed critically ill.  Further down, you will see how Brenda Grant blames Agatha Stewart for actions against Caryl.  In Agatha Stewart's deposition, the blame goes to Brenda Grant.

25 Q Besides Ms. Leventhal, have you ever marked

B. J. Grant 28

1 any employees AWOL?

2 A Yes.

3 Q Do you recall the names of the employees you

4 marked AWOL, other than Mrs. Leventhal?

5 A There are so many of them that I cannot

6 remember, but I am quite sure if you pull the sign-in,

7 check, you will see it, even in Newark.

8 Q Did you personally mark her AWOL, yourself?

9 A I don't remember that. It could have been

10 Mrs. Stewart.

NOTE:  Here, contrary to Ms. Stewart's testimony, Brenda Grant dumps on the other culprit.  This should prove interesting at the trial of Caryl Leventhal v. Janet Reno and the US Department of justice.  That is... unless the US Attorney gets to them and attempts to work everything out.  This would not be ethical, but "trash law" seems to be in the INS/USDOJ rule book when they themselves are accused of wrong doing.  It's been that way throughout Caryl Leventhal's four year battle with the people entrusted with upholding federal law.  But in this case, Caryl's attorney can always pull out the conflicting depositions.

11 Q Do you recall ordering Mrs. Stewart or

12 someone else to mark her AWOL?

13 A No, that's not the policy. The policy is,

14 if you don't report to duty or you fail to call in, you

15 are on AWOL.

16 Q Can a person call in sick, and also be

17 marked AWOL?

18 MR. FISHER: Objection as to the form of the

19 question.

20 A Yes.

21 Q Do you know if that happened in the case of

22 Mrs. Leventhal?

23 A Yes.

24 Q Do you know why she was marked AWOL at the

25 time she was marked AWOL?

B. J. Grant 29

1 A Yes.

2 Q Can you tell me?

3 A She probably didn't have leave.

NOTE: Caryl Leventhal did have accumulated leave.  It has already been proven and acknowledged.

4 Q I am talking about between June 8th, and

5 June 15, 1996, do you recall any phone conversations with

6 Mrs. Leventhal?

7 A Well, according to my recollection of what I

8 read today, okay, June 10th was the first day that I

9 placed Mrs. Leventhal on AWOL because she failed to call

NOTE: That's not what telephone logs from the phone company show.  And if the US Attorney is interested, it will be Mr. Leventhal's pleasure to submit them.  The USDOJ and numerous other federal agencies routinely look in on www.Justice-Denied.net.  They are certain to read these notes.  They are free to request this documentation.

10 in. I received a phone call from her husband on June

11 12th.

12 Q Okay. So those two days she failed to call

13 in, so therefore she was placed on AWOL.

14 Do you recall speaking to her, let's say in

15 June of 1996, her personally, calling you, and saying she

16 cannot come in because she is sick?

17 A Yes, yes.

18 Q Did she tell you the reason she was sick?

19 A No.

20 Q Did she tell you she was suffering from

21 multiple sclerosis?

22 A No.

NOTE: Can you believe this?  A woman is home critically ill and she doesn't say why?  Brenda Grant lying through her teeth or what? 

23 Q Do you recall what she told you exactly?

24 A I really don't recall what she said. I know

25 that she brought in a doctor's note at one point,

B. J. Grant 30

1 sometime in June of 1996, saying that she had multiple

2 sclerosis.

NOTE: Caryl Leventhal never brought in a note to Brenda Grant.  She was too ill.  A note was sent in with her many certified letters explaining her circumstances.

3 Q Do you recall the conversation you had with

4 Mrs. Leventhal on June 12th of 1996?

5 A Yes.

6 Q Can you describe it or what you said, what

7 she said?

8 A I cannot do it verbatim, but I can give you

9 an outline.

10 Q Approximately?

11 A Mr. Leventhal called and told me that Caryl

12 was ill, and couldn't come in. I asked Mr. Leventhal to

13 speak to Caryl because it was the employee's

14 responsibility to call in, unless they are incapacitated.

15 I remember him yelling, screaming in my ear, calling me

16 incompetent, and I told him that she had to call her

17 immediate supervisor, and I believe we hung up.

NOTE:  The first time an accusation of being mistreated and facing vile people during these telephone conversations was in a June 1996 certified mail complaint leveled by Michael Leventhal.  This complaint went up the INS/USDOJ chain of command.  Nothing was ever done and there was no response to his subsequent letters reaffirming these allegations.  No mention of Mr. Leventhal being volatile towards Grant or Stewart existed until more than two years passed when in November 1998, they were questioned.  They then "lifted" portions of  Mr. Leventhal's complaint and reversed the circumstances.

18 Q Do you recall Mr. Leventhal saying that Mrs.

19 Leventhal was too sick to make this phone call?

20 A I don't recall that.

21 Q Given that you had received a medical note

22 from Mrs. Leventhal's doctor, was she still marked AWOL?

23 A Yes, but I would have to check the sheet for

24 that to be sure.

25 Q We will get into that. Is it your policy in

B. J. Grant 31

1 general to call people when they are sick, if they are at

2 home?

3 A No.

4 Q Did you ever do that as a policy?

5 MR. FISHER: Objection as to form.

6 A Not that I can remember.

NOTE: According to Ms. Leventhal, Ms. Grant would frequently call on her "favorites."  On more than one occasion, Ms. Grant would request that Caryl Leventhal make these calls.

7 Q Did you ever ask Mrs. Leventhal to call a

8 sick employee at home, and ask them when are they coming

9 back, what is wrong, and so forth?

10 A Not that I can recall.

NOTE: For the non-lawyer... a lawyer is not supposed to "coach" a witness.  To get around this, the lawyer tells the client, "remember, it's not a lie to say 'I don't recall.' "  To the rest of the world, a lie is a lie.  But in the world of law, honesty and decency are frequently alien terms. 

11 Q Did you make any attempt to call Mrs.

12 Leventhal at the time she was out of work?

13 A I don't believe I did. I don't recall.

14 Q Did you ask anyone else to make a call to

15 Mrs. Leventhal?

16 A No.

17 Q As far as you know, did anyone from

18 Immigration and Naturalization Services call Mrs.

19 Leventhal after June of 1996?

20 A I don't know.

21 Q If they had, you had nothing to do with it?

22 A No.

23 Q Are you familiar at all with the disease

24 multiple sclerosis?

25 A No.

B. J. Grant 32

1 MR. FISHER: Objection. I don't know what

2 you mean by, at all?

3 Q Do you know what the symptoms are or how it

4 affects a body? I know you are not a doctor.

5 A I know it has something to do with your

6 muscles. I know because my District Supervisor, Mr.

7 MacRoy has it. [NOTE: The correct spelling is McElroy]

8 Q Did you ever talk to Mr. MacRoy about the

9 disease?

10 A No.

11 Q I am going to show you what I think has been

12 previously marked -

13 MR. FISHER: You can mark it again to be

14 sure.

15 MR. BRESSLER: Please mark this as

16 Plaintiff's Exhibit Grant 1 for identification.

17 (Whereupon, the aforementioned document was

18 marked as Plaintiff's Exhibit Grant 1 for

19 identification, as of this date, by the reporter.)

20 Q I will let you take time, if you want, to

21 read this over.

22 A Want me to read the whole thing over?

23 Q Yes.

24 (Witness complies.)

25 Q Do you recall providing this affidavit?

B. J. Grant 33

1 A Yes.

2 Q Do you know the circumstances why you were

3 asked to give an affidavit?

4 A I believe she filed an EEO complaint.

5 Q Other than providing this affidavit in the

6 investigation of her EEO complaint, of Mrs. Leventhal's

7 EEO complaint?

8 A I don't understand the question.

9 Q Did you provide any assistance in the EEO

10 investigation, other than simply providing this

11 affidavit? Did you have any other function in the

12 investigation?

13 A No.

14 Q Do you recall Mrs. Leventhal giving a

15 deposition'at the Immigration and Naturalization Services

16 office at 26 Federal Plaza in connection with this EEO

17 complaint?

18 A I know I heard she was in the building that

19 day but I don't know anything other than that.

20 Q Do you recall when she was in the building?

21 A No.

22 Q Do you know a Mr. Ronald Atkinson?

23 A Yes.

24 Q Did Mr. Atkinson tell you that Mrs.

25 Leventhal was in the building?

B. J. Grant 34

1 A He could have.

2 Q Did you ever ask Mr. Atkinson to see what is

3 happening with Mrs. Leventhal at her deposition?

4 A No.

5 Q Is there a reason that Mr. Atkinson was

6 standing at the door when Mrs. Leventhal was giving her

7 deposition?

8 MR. FISHER: Objection as to form, lack of

9 foundation.

NOTE: "Lack of foundation is not the key reason for this objection."  The US Attorney is sending a warning to Ms. Grant.  In fact, Caryl became faint while giving her Affidavit in November 1997 and had to go to the ladies room to refresh.  When Caryl and Michael Leventhal opened the door, Ron Atkinson had his ear pressed to the door.  Glaring at Ms. Leventhal, Mr. Leventhal placed himself between the two because of Ron Atkinson's hostile persona.

10 A I wouldn't know. I don't know.

11 Q You do not know anything about Mr. Atkinson

12 having anything to do with the deposition of Mrs.

13 Leventhal?

14 A No.

15 Q Do you recall giving this affidavit?

16 A Yes.

17 Q To whom did you give it?

18 A To the EEO investigator, whoever that may

19 have been at that time.

20 Q Was it a Mr. Peter Shiming? [NOTE: The correct spelling is Schilling]

21 A If that's what it says, yes.

22 Q Did you have any assistance in preparing the

23 affidavit?

24 A No.

25 Q Do you recall giving one affidavit and

B. J. Grant

1 changing it in any way?

2 A I don't recall that.

3 Q Did you review it before you signed it?

4 A Yes.

5 Q You never made any alterations after that?

6 A I don't recall.

NOTE: All of this is possible but not likely... and Mr. Leventhal can prove it!

7 Q Do you know if this affidavit, to your

8 knowledge, was ever typed or redone in any way, edited in

9 any way?

10 A I think Peter did call me at one time. He

11 said he had to retype something. I don't know whether he

12 did or not. He could have called me and told me that.

13 Q Other than Mr. Shiming, did you consult with

14 anyone in Immigration and Naturalization Services about

15 what you are going to put into the affidavit?

16 A No.

17 Q I want to go to page two, second paragraph.

18 Question four. You say; "Mrs. Leventhal never told me

19 directly in February of 1996 or at any other time that

20 she had multiple sclerosis;" is that a true statement?

21 A Well, she never told me directly, she never

22 told me she had multiple sclerosis until I got the

23 doctor's note.

NOTE:  This is another lawyer ploy.  The term "directly" is frequently used to avoid an out and out lie.  The US Attorney has really gone over things with Ms. Grant during his four month stall job relative to her being deposed.

24 Q Did you ever get any information indirectly?

25 Did someone other than Mrs. Leventhal tell you that Mrs.

B. J. Grant 3E

1 Leventhal had multiple sclerosis?

2 A No.

3 MR. FISHER: Is that ever?

4 MR. BRESSLER: Yes.

5 MR. FISHER: Read the question back.

6 (Reporter read back requested portion.)

7 Q I know we are reiterating, but the first

8 time you ever knew she had multiple sclerosis is when you

9 received a doctor's note in June?

10 A Yes.

11 Q Page three, the fifth line down. You say,

12 "I started keeping notes on Caryl starting January 18,

13 1996."

14 A Yes.

15 Q What happened? Do you recall anything that

16 happened on that particular day that led you to start

17 taking notes?

18 A I cannot remember that far. I would have to

19 look at notes.

20 Q Do you have copies of those notes?

21 A No, I wasn't told to bring anything.

22 MR. BRESSLER: I will ask that you produce

23 those notes.

24 MR. FISHER: Sure, I think that you probably

25 have those authorizations. I assume that the

B. J. Grant 37

1 witness is referring to notes that found their way

2 into Mrs. Leventhal's personnel file.

3 MR. BRESSLER: If that is the case, fine.

4 MR. FISHER: I will review what we produced

5 to you to determine whether or not the notes

6 referred to here are part of that production.

7 Q Anything about that date that sticks out in

8 your mind, that January 18th, note, January 15th, or

9 20th, but January 18th?

10 A I probably had the notes in front of me at

11 that time if -- 'cause I cannot remember what happened in

12 1996, what I wrote.

13 Q Do you recall, if you can remember, what

14 your position was on January 18, 1996?

15 A I was Senior District Adjudication Officer.

16 , Q On January 18, 1996, were you Mrs.

17 Leventhal's first line supervisor?

18 A I am not sure because I had the Acting

19 Section Chief position twice, a 90 day period, and a

20 period for a year. So, I would have to go through my

21 records to find out.

22 Q Just in general, if you were not Mrs.

23 Leventhal's first line supervisor, wouldn't it be the

24 function of Mrs. Stewart to be taking those notes?

25 A If Mrs. Stewart was there.

B. J. Grant 38

1 Q Page four.

2 MR. FISHER: When you are done with your

3 questions on this document can we take a short

4 break?

5 MR. BRESSLER: We can take a break now if

6 you want, that's fine.

7 (Break taken.)

8 MR. BRESSLER: Please mark this as

9 Plaintiff's Exhibit Grant 2 for identification.

10 (Whereupon, the aforementioned document was

11 marked as Plaintiff's Exhibit Grant 2 for

12 identification, as of this date, by the reporter.)

13 Q I guess there are two pages or three pages.

14 Can you identify what this document is?

15 A Certainly, it's our time and attendance

16 sheet.

17 MR. FISHER: Just to make the record clear,

18 what appears in red on the document, are you

19 familiar with that?

20 MR. BRESSLER: Yes.

21 THE WITNESS: It's the leave balances.

22 MR. FISHER: Are you familiar with the red

23 ink on the document? Is that part of the original

24 document, to your knowledge?

25 THE WITNESS: No.

NOTE: The leave balances are portions of the time sheets where Ms. Leventhal was marked AWOL for weeks, in spite of complying with regs and providing medical documentation including MRI reports of critical illness. A red circle was placed around the section showing that Ms. Leventhal had a considerable amount of sick leave and annual leave accumulated.  None the less, this accumulated and monetarily compensated time was denied her. 

B. J. Grant 39

1 Q Let us look at the top piece, and the

2 marking that was not in the original. Can you basically

3 describe what this leave record is all about?

4 MR. FISHER: Objection as to the form of the

5 question.

6 Q Yes, it describes what this leave record is.

7 It tells you how many hours you are being paid for, your

8 leave balances, AWOL, annual leave, whatever.

9 Q On this one that is marked at the top,

10 6/21/96?

11 A Yes.

12 Q Where it says, sick, and it says, balance

13 forward 21.1?

14 A Yes.

15 Q What does that mean?

16 A That means that the employee has a balance

17 of 21 hours and 15 minutes of sick leave

18 Q Is this the balance for Mrs. Leventhal, is

19 that correct?

20 A That is correct.

21 Q So given that she had a balance in her

22 account, should she not have been marked AWOL?

23 MR. FISHER: Objection as to the form of the

24 question.

25 A That depends. You have to request sick

B. J. Grant 40

1 leave. If she did not request sick leave during that pay

2 period, you can be marked AWOL.

3 Q Again, by requesting sick leave, that means

4 going to and asking her first line supervisor for leave?

5 A That is correct, and getting it approved.

6 Q Other than calling the first line

7 supervisor, how can you get the leave approved?

8 A You can submit what we call the SF71 form,

9 requesting sick leave in advance, if you know.

10 Q What if you do not know?

11 A Well, then you have to call and get

12 authorization.

13 Q Prior to June 21, 1996, the date here, did

14 Mrs. Leventhal call in sick?

15 A I wouldn't know that.

NOTE: This is an out and out lie.  Both Brenda Grant and Agatha Stewart admit that both Caryl Leventhal and her husband phoned in.

16 Q Well, did you not receive a call from Mrs.

17 Leventhal?

18 A Yes.

19 Q I mean, isn't that calling in?

20 A I received a call from Mr. Leventhal.

21 Q Did you receive any calls from Mrs.

22 Leventhal? Did Mrs. Leventhal ever call you directly?

23 A When?

24 Q In June of 1996?

25 A I cannot remember, maybe, maybe not. I

B. J. Grant 41

1 don't know.

2 Q Hypothetically, if a person does not have

3 access to the SF71 form, but does submit medical

4 documentation and so forth, could that be enough to grant

5 the person leave?

6 MR. FISHER: Objection as to the form of the

7 question.

NOTE: Come on Eric Fisher! let the woman continue to sink your case.  Let her talk.  Stop sending her warnings.  Doesn't the US Attorney's office have any sense of integrity?  You should really be ashamed of yourself.

8 A Could be.

9 Q Is there a reason it wasn't enough in the

10 case of Mrs. Leventhal?

11 A I don't know.

12 MR. FISHER: Objection to the form.

13 A 'Cause I didn't sign her T & A, her first

NOTE: T & A means "Time and Attendance."

14 line supervisor did the signature. So, therefore, I

15 don't know what transpired between the first line

16 supervisor and Mrs. Leventhal.

NOTE: Boy, is Agatha Stewart going to be incensed when she hears or reads Brenda Grant's testimony.

17 Q Did you ever instruct Mrs. Stewart to mark

18 Mrs. Leventhal AWOL?

19 A Not that I can recall.

20 Q Did you ever instruct anyone besides Mrs.

21 Stewart to mark Mrs. Leventhal AWOL?

22 A No, because all the supervisors know the

23 policy.

24 MR. BRESSLER: I am going to show you what

25 will be marked Plaintiff's Exhibit Grant 3 for

B. J. Grant 42

1 identification.

2 (Whereupon, the aforementioned document was

3 marked as Plaintiff's Exhibit Grant 3 for

4 identification, as of this date, by the reporter.)

5 Q Do you recall receiving this note?

6 A Yes.

7 Q Given that this note, saying that she

8 suffered from multiple sclerosis, and was therefore

9 absent from work, did that influence you in any way in

10 making a decision as to whether or not to grant her

11 leave?

12 A No, because I wasn't her first line

13 supervisor at the time. I did receive the notice, the

14 doctor's note.

15 Q When you did receive it, do you recall

16 giving it to Mrs. Stewart?

17 A I don't remember.

18 Q Did you do anything with the note upon

19 receiving it, that you recall?

20 A I don't remember.

21 Q Do you recall any conversations with Ms.

22 Stewart about Mrs. Leventhal being absent, in June of

23 1996, about what measure we should take, anything like

24 that?

25 A Offhand, no, not that I can remember.

B. J. Grant 4_

1 Q Do you recall giving an evaluation of Mrs.

2 Leventhal?

3 A I gave an evaluation?

4 Q Yes.

5 A No, I don't remember that.

6 MR. BRESSLER: This will be marked as

7 Plaintiff's Grant 4 for identification.

8 (Whereupon, the aforementioned document was

9 marked as Plaintiff's Grant 4 for identification,

10 as of this date, by the reporter.)

11 Q I will give you a copy to read it.

12 A Yes, I know what it is.

13 Q You recall preparing this document?

14 A Yes, that's the recommendation for removal.

15 Q No, I realize that.

16 A That's why I was unclear what the

17 evaluation.

18 Q First, in general, wouldn't it be her first

19 line supervisor who would make a recommendation for

20 removal?

21 A If she was there.

22 Q Was her first line supervisor there?

23 A I don't recall.

NOTE: According to Agatha Stewart's testimony, as Caryl Leventhal's First Line Supervisor, she NEVER recommended her for termination.  In addition, Ms. Stewart states that Brenda Grant never discussed Caryl Leventhal's termination with her. 

24 Q Do you recall why you made this

25 recommendation and not Ms. Stewart, her first line

B. J. Grant 44

1 supervisor?

2 A It could have been because I had more

3 evidence, or at one point I was Mrs. Leventhal's

4 immediate supervisor so I had notes, I mean, I don't

5 recall.

6 Q Do you recall speaking with Ms. Stewart

7 before writing this letter, this memoranda?

8 A Yes, it's probably a combination of both.

9 Q Going to the second page.

10 A Yes.

11 Q You wrote, "Peculiar judgment in granting,"

12 the last of the bullets, "Peculiar judgment in granting

13 annual leave." Can you tell us what you are referring

14 to?

15 A Well, it goes on to say that -

16 Q Yes.

17 A -- we had a shortage of typists, and she

18 granted leave to two typists on the same day that left us

19 without typists in the office. She further gave leave

20 to -- gave annual leave to an employee every Friday, when

21 she knew that we had a shortage of Application Clerks.

22 She also granted annual leave to herself, which you can't

23 do that, which is the 'same day that the Leave Clerk had

24 off, leaving no one to supervise the clerical pool.

25 Q Do you remember what date that was that she

B. J. Grant

1 permitted Mr. Wasserman and Ms. Filbert to leave, and

2 herself?

3 A No, no. Mr. Wasserman was granted every

4 Friday off for the month of July and August, when we had

5 a shortage of Application Clerks. That's the first

6 thing.

7 Q Okay. Do you know if that was because of

8 his religion affiliations?

9 A No.

10 Q Go on.

11 MR. FISHER: What is the question?

12 Q Do you recall Mrs. Leventhal asking for Yom

13 Kippur off?

14 A No, she asked for September 23rd off. I had

15 no clue that that was a Jewish holiday. It was a day

16 that Mrs. Filbert had taken off every year for the prior

17 years to be with her daughters.

NOTE: Yom Kippur is the most holy day of the Jewish Calendar.  It does not come up on the same day each year because the Jewish Calendar is based on the lunar year rather than solar year.  However, Ms. Filbert (a Christian) took Yom Kippur day off every year because her daughter works for a Jewish owned firm that is closed on that holiday.  Mel Wasserman (the "protected" Shop Steward) is Jewish.  He took this day off because it was Yom Kippur.  Ms. Leventhal told Delores Filbert that she couldn't have the day off.  She explained to Ms. Filbert that she herself, needed it to observe her faith and departmental coverage was essential.   Ms. Filbert went to Brenda Grant and Ms. Grant ordered Caryl Leventhal to give Ms. Filbert the day off.  This was in spite of pleas from Ms. Leventhal that it was Yom Kippur... a day that was sacred to her.  Once Caryl Leventhal was forced to give this day to Ms. Filbert, Brenda Grant denied (in writing) the day to Ms. Leventhal on the grounds that there would be no coverage.  This one of several instances where Brenda Grant's malicious, corruption covering bigotry was leveled against Ms. Leventhal.  

18 Q Do you know the religion of Mrs. Filbert?

19 A She is Polish.

20 Q Do you know if she is Jewish?

21 A She is Polish.

22 MR. FISHER: Do you know if she is Jewish?

23 THE WITNESS: I don't know.

NOTE: Brenda Grant knows full well that Ms. Filbert is a Christian.  Ms. Filbert always took off Good Friday.

24 Q Do you know what the policy of the

25 Immigration and Naturalization Services is, in regard to

B. J. Grant 46

1 taking off on religion holidays?

2 A It's my understanding that you can request

3 religious comp if you want to take off a religious

4 holiday or you want to put your request, first of all, in

5 writing, by memoranda.

6 MR. BRESSLER: We will call this Plaintiff's

7 Grant 5 and 5A.

8 (Whereupon, the aforementioned documents

9 were marked as Plaintiff's Grant Exhibits 5 and 5A

10 for identification, as of this date, by the

11 reporter.)

12 MR. FISHER: I want to preserve an objection

13 to the graphics that are suggestive of the

14 Plaintiff's particular view of the case or that

15 otherwise tend to emphasize certain parts of the

16 documents to the exclusion of others. However,

17 you are free to continue to show these documents

18 to the witness and question her about it, but do

19 not take that as any kind of concession that I

20 believe that these documents fairly and accurately

21 represent the underlying original documents.

NOTE:  These are official documents.  They include the INS Administrative Manual to show that Good Friday and Yom Kippur are specifically mentioned as important holidays.  The emphasis on the words "Good Friday" and "Yom Kippur" were made so that they could be more easily seen.  

22 MR. BRESSLER: Okay.

23 Q Just referring to the non graphics. Have

24 you ever read this policy before?

25 A Yes.

B. J. Grant

1 Q So essentially, is it correct to say that as

2 far as practicable they should permit people to take off

3 for their religious holidays?

4 A Yes, if you want to put your request in

5 writing by memorandum.

6 Q The day in question, I believe Mrs. Stewart,

7 Mrs. Filbert, Mr. Wasserman and Mrs. Leventhal, wanted to

8 take that particular day off, Yom Kippur off.

9 MR. FISHER: Objection.

10 Q Do you recall that?

11 A I don't know about Mr. Wasserman. I would

12 have to check the sign-in sheets, but I am quite sure he

13 did.

14 MR. BRESSLER: I will show you what will be

15 marked as Plaintiff's Grant 6 for identification.

16 (Whereupon, the aforementioned document was

17 marked as Plaintiff's Grant 6 for identification,

18 as of this date, by the reporter.)

19 MR. FISHER: The witness was referring to

20 the second page indicating that the words Jewish,

21 Christian, enlarged blue and red typeface did not

22 appear on the original document.

23 Q Do you recall on the first page of the

24 document, this is Exhibit 6, do you recall writing what

25 is there?

B. J. Grant 48

1 A It's me, yes.

2 Q So your testimony, at the time you wrote

3 this, you didn't know this was regarding Yom Kippur?

4 A No.

5 Q Did Mrs. Leventhal bring to your attention

6 that she really would like to take off to observe Yom

7 Kippur?

8 A I don't recall.

NOTE: Anyone with a modicum of decency would choke on these words.

9 Q Do you recall that Mrs. Filbert, the reason

10 Mrs. Filbert wanted to take that day off?

11 A She took it off every year since she

12 started. It's some sort of vacation she takes with her

13 daughter every year.

14 Q Did Mrs. Filbert say to you that the reason

15 she took it off is Mrs. Filbert's daughter worked for a

16 Jewish employer who gives their employees a day off?

17 A No, she always gives me that leave request

18 slip for that particular day, and the other days of the

19 year that she wants to take off.

20 Q Okay. Was there a reason you were upset

21 that Mrs. Leventhal was taking this day off?

22 MR. FISHER: Objection as to the form of the

23 question.

24 A Yes.

25 Q What was that reason?

B. J. Grant 49

1 A Who was going to supervise the clerical pool

2 if both of them were off.

3 Q The fact that it was Yom Kippur did not

4 figure into your opinion?

5 MR. FISHER: Objection as to the form.

6 A No.

7 MR. BRESSLER: I am going to show you what

8 has been marked as Exhibit 7.

9 (Whereupon, the aforementioned document was

10 marked as Plaintiff's Exhibit Grant 7 for

11 identification, as of this date, by the reporter.)

12 Q Do you recall receiving this document?

13 A Yes, I have seen it before.

14 Q Do you have an opinion on any of the points

15 Mrs. Leventhal raised in the document?

16 MR. FISHER: Objection as to form.

17 Q I will just go through it. The issue of her

18 authority being undermined, and the chain of command

19 being broken in 1C, do you agree with that, do you

20 disagree with what she stated in 1C?

21 A I agree to a certain part of it

22 Q Can you elaborate?

23 A Caryl was making so many mistakes in the

24 office, in order for us to get the job done we had to

25 reassign some of the duties to Mrs. Filbert to locate

B. J. Grant 50

1 files. For instance, we had people waiting in the

2 waiting room for hours, okay, because we gave her cases

3 to locate, and she never found them. So I would give

4 these cases to Mrs. Filbert for her to locate.

5 Therefore, we can get the people out of the waiting room.

6 Yes, to that degree.

7 Q Paragraph two, if you could read that. Do

8 you have an opinion about this issue?

9 MR. FISHER: Which issue?

10 Q What is your opinion about these

11 improvements she produced for the department?

12 MR. FISHER: Objection as to form. You can

13 go ahead and answer. I don't know what it means,

14 but go ahead.

15 A Well, I don't think I know what it means

16 either. You mean her creating these forms?

17 Q Yes. Was that helpful to the department?

18 A Not really, but I told her it was nice.

19 Q Paragraph 4A, "A schizophrenic employee to

20 be allowed to aimlessly wander the department." Do you

21 know anything about that?

22 A That's a little elaboration, but we did have

23 an employee with a health issue.

24 Q Was anything done about that?

25 A Yes.

B. J. Grant 51

1 MR. FISHER: About what?

2 MR. BRESSLER: About a schizophrenic

3 employee?

4 MR. FISHER: The witness said there was an

5 employee with a health issue. You asked was

6 anything done about that?

7 MR. BRESSLER: About the employee with the

8 health issue?

9 MR. FISHER: But we don't know what health

10 issue. The witness has not adopted your,

11 schizophrenic employee was aimlessly -

12 Q Was that the case?

13 A I don't know her medical condition. I can't

14 give a prognosis on that.

15 Q Was there a particular employee who was

16 wandering the hallways aimlessly?

17 A No, that's not true.

18 Q Do you recall the name of this employee who

19 had a health problem?

20 A Should I give the name?

21 MR. FISHER: If you recall.

22 A Yes, Rena Williams.

23 Q Did you ever ask Mrs. Leventhal to call Ms.

24 Williams and see how she is?

25 A I don't recall that.

B. J. Grant 52

1 MR. BRESSLER: I am going to show you what

2 will be marked as Plaintiff's Grant 8 for

3 identification.

4 (Whereupon, the aforementioned document was

5 marked as Plaintiff's Exhibit Grant 8 for

6 identification, as of this date, by the reporter.)

NOTE: Caryl Leventhal's attorney now presents Brenda Grant with a series of two newspaper articles.  The first is from Newsday, one of New York's major newspapers and was published in the Fall of 1998.  The second article appeared in  The New York Post in November 1995.  Early on in Caryl Leventhal's employment at INS 26 Federal Plaza NYC, she began to suspect a loose atmosphere for criminal activity.  As you will read, Brenda Grant rebuffed Caryl Leventhal's efforts.  Ms. Grant is now shown these newspaper articles.  She lies when asked if certain people worked for her, indifferent to how easily facts can be verified.  According to these articles, some 15-20% of her staff were arrested for cutting deals and receiving ongoing payoffs in hallways and bathrooms of the Immigration and Naturalization Service, 26, Federal Plaza NYC during years of her watch.  And during almost one year of this time, all Brenda Grant could think of is how to replace Ms. Leventhal through brutalization, humiliation, harassment, make her critically ill and terminate her without warning.  Caryl Leventhal was white, Jewish and vulnerable due to Multiple Sclerosis.  She attempted to stop internal corruption that was making America vulnerable to criminals and potential terrorist attempting to enter America.  Apparently, Ms. Grant was never reprimanded.  And after four years of battle, the US Department of Justice refuses to even offer an apology to Caryl Leventhal.  This is the USDOJ in action:     

7 Q You see the circled section which is not

8 part of the original? Do you recall a Mr. Isaac Goddard,

9 working under you in any capacity?

10 A Isaac never worked for me.

11 Q Did Mr. Abdul Latif Abdul Salam work for

12 you?

13 A He was a second line supervisor.

NOTE: I suppose that means Mr. Salam worked for her.  This was

confirmed by Agatha Stewart's testimony.

14 Q Do you recall ever evaluating his

15 performance?

16 A Not that I can recall.

17 Q Do you have any opinion on his job

18 performance, other than what is in the article?

19 A Well, it was a surprise to me he was in the

20 paper. I didn't know anything about that, if that's what

21 you mean.

22 Q Did you ever supervise in some way a Mr.

23 Fernando Cintron?

24 A Not directly, I don't remember him.

25 Q Do you remember him at all?

B. J. Grant 53

1 A I know, he was a security guard.

2 Q Do you have anything to do with his work?

3 A No.

4 Q How about Mr. Anthony Holness?

5 A No, he was on the eighth floor. It could

6 have been a second line supervisor, I am not sure.

NOTE: Is Brenda Grant saying that she didn't know who worked

for her just because they were located on another floor?

7 Q You recall Mr. Sharin Davis? [Note: The name is Shawn Davis]

8 A Yes.

9 Q What was your relationship to him in the

10 hierarchy?

11 A Second or possibly third line supervisor.

12 Q Do you ever recall Mrs. Leventhal

13 complaining about problems with his job performance?

14 A Not offhand, no. I would have to be

15 refreshed.

16 Q Do you recall a Celeste Prather?

17 A Yes.

18 Q Did you have any supervision over her?

19 A First and second line supervisor.

20 Q Do you have any recall about her job

21 performance?

22 A She did her work when she was there.

NOTE:  Can you believe this?  Brenda Grant is staring at an article claiming that Celeste Prather was conducting criminal activity right under her nose and shamelessly, Ms. Grant continues to give her a good review.

23 Q Heylin Cabrera?

24 A Yes, she was new.

25 Q Do you have any review on her performance?

B. J. Grant 54

1 A She did her work.

NOTE: This is ridiculous.  In the private sector Ms. Grant would have been terminated.  One wonders if Ms. Grant even thinks criminal activity is wrong if conducted by people in a "favored" group.  And let's not forget that Brenda Grant will be the primary US Attorney defense witness in the federal suit of Caryl Leventhal v. Janet Reno & The US Department of Justice.

2 MR. BRESSLER: Please mark this as

3 Plaintiff's Exhibit Grant 9.

4 (Whereupon, the aforementioned document was

5 marked as Plaintiff's Exhibit Grant 9 for

6 identification, as of this date, by the reporter.)

7 Q Do you recall seeing this document?

8 A Now that I have read it, yes. I guess it is

9 a long time ago.

10 Q Do you recall Mrs. Leventhal wanting to mark

11 Mr. Grant AWOL?

12 A Wanting to mark Mr. Grant AWOL?

13 Q Did I say Mr. Grant? I am sorry, Mr. Sharin

14 Davis AWOL?

15 A I guess, yes. I guess. I don't remember.

16 It's too long, you know, you are talking about years ago.

17 Q Do you recall saying to Mrs. Leventhal not

18 to mark Mr. Davis AWOL?

19 A No.

NOTE: According to Caryl Leventhal, she was constantly ordered by Brenda Grant to change records and cover for Mr. Davis.

20 Q Do you remember ever interceding on his

21 behalf when Ms. Leventhal wanted to discipline Mr. Davis?

22 A No.

23 MR. BRESSLER: Please mark this as

24 Plaintiff's Exhibit Grant 10.

25 (Whereupon, the aforementioned document was

B. J. Grant 55

1 marked as Plaintiff's Exhibit Grant 10 for

2 identification, as of this date, by the reporter.)

3 Q In the circled portion which is not the

4 original, do you know any of these people named?

5 A Yes.

6 Q Were you ever their supervisor in some way?

7 A No.

NOTE:  This is an out and out lie that can be verified through INS Records

it also conflicts with Agatha Stewart's testimony. 

8 Q Do you know anything about their job

9 performance?

10 A They worked in the Employment Authorization

11 Unit, at 26 Federal Plaza.

12 Q You had nothing to do with their duties at

13 all?

14 A Not the Employment Unit, no.

15 Q Okay, thank you. None of these worked in

16 Section 245, as far as you know?

17 A Could have been on the eighth floor, maybe

18 one.

NOTE: This would be Prescia Brown.  She definitely worked

for Brenda Grant.  Again, working on another floor is not excuse for not

knowing who worked for you.  There weren't that many employees, but

Ms. Grant was too busy harassing Caryl Leventhal to pay much attention

to much of anything else.

19 Q Do you know who that was?

20 A Geneva, I believe.

21 Q Geneva McNeil. Do you recall anything about

22 her working in Section 245?

23 A No.

NOTE: Geneva McNeil also worked for Brenda Grant, possibly as

a DAO.

24 MR. BRESSLER: Please mark this as

25 Plaintiff's Exhibit Grant 11.

B. J. Grant 56

1 (Whereupon, the aforementioned document was

2 marked as Plaintiff's Exhibit Grant 11 for

3 identification, as of this date, by the reporter.)

4 Q Do you recall receiving this letter?

5 A Yes.

6 Q Did you ever tell Mrs. Leventhal she was

7 playing games -

8 A No.

9 Q -- on the phone? Do you recall ever talking

10 to Mrs. Leventhal in June about having multiple sclerosis

11 and being out?

12 A No.

13 Q Do you know about this conversation between

14 Caryl and Mrs. Stewart where Mrs. Stewart yelled at

15 Caryl?

16 MR. FISHER: Object to the form of the

17 question.

18 A No.

19 MR. BRESSLER: Please mark this as

20 Plaintiff's Exhibit Grant 12.

21 (Whereupon, the aforementioned document was

22 marked as Plaintiff's Exhibit Grant 12 for

23 identification, as of this date, by the reporter.)

24 Q Do you recall receiving a copy of this?

25 A Yes.

B. J. Grant 57

1 Q Did you have a conversation with Mr.

2 Brouillet about this letter?

3 A No.

4 Q Did you have a conversation with anyone at

5 Immigration and Naturalization Services about this

6 letter?

7 A Probably my supervisors, I don't recall.

8 Q Would that be Mrs. McPherson?

9 A Yes.

10 Q Anyone else you recall?

11 A No.

12 Q Do you recall anything that was discussed

13 about this letter?

14 A No.

15 MR. BRESSLER: Please mark this as

16 Plaintiff's Exhibit Grant 13 for identification.

17 (Whereupon, the aforementioned document was

18 marked as Plaintiff's Exhibit Grant 13 for

19 identification, as of this date, by the reporter.)

20 Q Do you recall seeing this letter, other

21 than -

22 A It's the same thing.

23 Q Did you have any conversations with any of

24 your supervisors in response to this letter, that you

25 recall?

B. J. Grant 58

1 A I wouldn't see this letter. This is

2 addressed to Mrs. Meisner.

3 Q Did anyone, any high official at the

4 Immigration and Naturalization Services, speak to you

5 about it, that you know of?

6 A No.

7 MR. BRESSLER: Please mark this as

8 Plaintiff's Exhibit Grant 14.

9 (Whereupon, the aforementioned document was

10 marked as Plaintiff's Exhibit Grant 14 for

11 identification, as of this date, by the reporter.)

12 Q Do you recall seeing this letter?

13 A No.

14 Q Do you recall receiving an MRI report from

15 Mrs. Leventhal?

16 A I don't recall that.

17 MR. BRESSLER: Please mark this as

18 Plaintiff's Exhibit 15.

19 (Whereupon, the aforementioned document was

20 marked as Plaintiff's Exhibit Grant 15 for

21 identification, as of this date, by the reporter.)

22 Q Do you ever recall seeing this document?

23 A No.

24 Q Do you have any knowledge of Mrs. Leventhal

25 submitting an MRI report?

B. J. Grant 59

1 A No.

2 Q Did the fact that you knew she had the

3 illness in June, have any effect on your decision to

4 terminate her employment?

5 MR. FISHER: Objection as to the form of the

6 question.

7 A No.

8 Q Did you ever terminate anyone from

9 Immigration and Naturalization Services other than Mrs.

10 Leventhal?

11 A Yes.

12 Q Have you ever terminated anyone who had a

13 serious illness?

14 A I do not understand, I mean -

15 Q Of the people you have terminated at

16 Immigration and Naturalization Services -

17 A Yes.

18 Q -- other than Ms. Leventhal, did any of them

19 to your knowledge suffer from a serious illness?

20 A I guess, I could say, maybe one.

21 Q Do you know what the illness was?

22 A He had a bad back. That's an illness -- if

23 that's an illness.

NOTE:  This is too stupid and flippant for a response.  But it shows the caliber of person Caryl Leventhal was forced to work under.  You can't make this stuff up.  And this is going on in the US Department of Justice.

24 Q Can you just briefly describe what the

25 procedures are in terminating a person?

B. J. Grant 60

1 MR. FISHER: Objection as to the form of the

2 question.

3 A Procedures are that -- well, at the present

4 time you have to put your request in writing, your

5 recommendation must go to the Deputy District Director,

6 with your supporting documentation, and then upon her

7 review, she forwards it to the regional office.

8 Q Do you know what the procedures were, in

9 effect in 1996?

10 A The same thing.

11 Q Is there any procedure that the employee has

12 some kind point of rebuttal power or anything to do?

13 Does the employee have any input into that decision?

14 MR. FISHER: Objection as to the form of the

15 question.

16 Q If you know?

17 A I don't know. Input to being fired?

18 Q Let me get this straight. I assume the

19 first line or second line supervisor can write a

20 memorandum recommending a termination?

21 A Correct.

22 Q And then that's forwarded to -

23 A Through the chain.

24 Q Through the chain, and someone makes a

25 decision?

B. J. Grant 61

1 A Yes.

2 Q That is the entire process?

3 A Well, once it leaves the deputy, then it

4 goes up to the regional.

5 Q Then do you know what happens?

6 A No. I guess someone reviews it there, and

7 makes that determination on what happens, labor

8 relations, or whatever.

9 Q Is there any notice normally before a

10 termination decision is made? Is there some kind of

11 notice given to the employee that you may be terminated

12 or -

13 A Yes, I think they get a letter telling them

14 that they have the right to appeal or something. I

15 believe so.

16 Q This is after the decision is made?

17 A Yes, I believe so. I am not really sure.

18 Q Prior to a supervisor writing a letter, is

19 there any warning letters normally given to an employee?

20 A They are counseled.

21 Q Was Mrs. Leventhal counseled?

22 A Numerous times.

23 Q Do you know the last time she was counseled?

24 A I cannot tell you offhand. I would have to

25 check the records.

B. J. Grant 62

1 Q I assume you gave her counsel?

2 A I have counseled her on occasion, yes.

3 Q Have you ever told her if you don't improve

4 you could be subject to termination?

5 A I don't know whether it went that far or

6 not. I know I counseled her regarding her work and the

7 errors that she had.

8 Q Did Mrs. Stewart recommend to you that Mrs.

9 Leventhal be terminated?

10 A Yes.

NOTE: According to Agatha Stewart's deposition, this is not true.

11 Q Was she the first to decide that or did you

12 decide yourself?

13 A It was combined.

NOTE: According to Agatha Stewart's deposition, this is not true.

14 Q Do you recall having a discussion with Mrs.

15 Stewart about terminating Mrs. Leventhal?

16 A I can't recall.

17 Q You say it was combined. Did you get

18 together and discuss this?

19 A Well, she had copies of the errors that Ms.

20 Leventhal made during the course of, you know, her

21 duties, and so did I.

22 Q What I am asking, did anyone in particular,

23 spur the two of you to make that decision, when you made

24 the decision?

25 A No.

B. J. Grant 63

1 Q It was kind of spontaneous?

2 A She just couldn't function. She just

3 couldn't perform the duties of her job, therefore, we had

4 enough. She was on probation. We decided she be

5 dismissed. We recommended she be dismissed. She

6 couldn't perform.

NOTE: Caryl Leventhal was home critically ill.  And everyone knew this fact.  It is confirmed by Certified letters, pleas from Ms. Leventhal's husband, medical notes and MRI reports.  And during this sadistic crime against humanity, Ms. Leventhal was even denied accumulated sick pay.  Not only that, But Brenda Grant's request for Caryl Leventhal's termination NEVER MENTIONS these facts.  She and Agatha Stewart keep marking her AWOL as if Caryl Leventhal simply dropped off the face of the earth.

7 Q At the time she was on sick leave when that

8 happened; isn't that correct?

9 MR. FISHER: Objection as to the form of the

10 question.

NOTE: Oh, shut up, Eric!  Let Brenda embarrass INS/USDOJ even further.  If Brenda Grant hadn't been so lethal, she would be funny.

11 Q She was not working. This decision to

12 terminate her occurred in June; is that correct?

13 A No, I think my recommendation was in July.

14 Q But between June and July she was not

15 present in the office?

16 A Well, prior to that. She was there from

17 October 1995 up until the time before June of 1996.

18 Q Did anything in July happen that made you

19 decide to terminate her then?

20 A No, just didn't have the time to write it

21 up.

22 MR. BRESSLER: Please mark this as

23 Plaintiff's Exhibit Grant 16.

24 (Whereupon, the aforementioned document was

25 marked as Plaintiff's Exhibit 16 for

B. J. Grant 64

1 identification, as of this date, by the reporter.)

2 Q Do you recall reading this?

3 A Yes, it's very familiar.

4 Q Is this an accurate description of the

5 Supervisory Application Clerk's duties and

6 responsibilities?

7 A Yes.

8 Q Does that description include lifting heavy

9 boxes and reaching high shelves?

10 A We always put in, other duties or

11 miscellaneous.

NOTE: There is no mention of heavy lifting in "miscellaneous."  This was a white collar clerical job not that of a warehouseman.

12 Q Can you basically, in general, describe your

13 relationship with Mrs. Leventhal throughout the time she

14 was working there?

15 MR. FISHER: Objection as to the form.

16 A We had no problem. I didn't have a problem

17 with her. We were civil in the office.

18 Q Have you ever yelled at her, do you recall?

19 A I yell at everyone if you did something

20 wrong.

21 Q Do you have any memory of yelling at her for

22 any particular thing?

23 A No.

24 Q Would you say you yelled at her more often

25 than other employees?

B. J. Grant 65

1 A Depends on what you did. If you did

2 something wrong, I mean, it's just my -

3 Q My question is, would you say you yelled

4 more at Mrs. Leventhal than other employees that were

5 under your command?

6 A No, not necessarily.

7 Q Did Mrs. Leventhal ever complain that you

8 were yelling at her too much or mistreating her?

9 A Not that I can recall.

10 MR. BRESSLER: I think I have nothing

11 further. Thank you.

12 (Whereupon, at 1:05 P.M., the examination

13 of this witness was concluded.)

14

15 BRENDA JOYCE GRANT

16 Subscribed and sworn to

17 before me this day

18 of , 2000

19

20

21 Notary Public

22

23

24

25

Commentary and Editor's Notes written and Copyright © by:  LTC Michael G. Leventhal

Copyright 2000  Reproduction with written permission.  Contact: Michael @Justice-Denied.net