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Key
extracts from the Deposition of Agatha Stewart
May 4, 2000 |
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| I didn't know Caryl had Multiple Sclerosis... and I didn't know she was Jewish... and I didn't know she was white... and it wasn't me, it was Brenda Grant |
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After Brenda Grant (Caryl Leventhal's main antagonist), Agatha Stewart's deposition is most important. From January 1996 until June 7, 1996 (Caryl Leventhal's last physical day at INS/USDOJ 26 Federal Plaza NYC), Ms. Stewart was her First Line Supervisor.
Relevant Text of Deposition (and commentary) appears below The world of the lawyer is very different from the rest of us. Rules of honesty and word flow become obscured by what might be called judicial ethics paranoia. In light of a very real attempt at judicial ethics, a kind of "lawyer speak" has been developed. For example, a lawyer isn't allowed to prepare a witness for their deposition by telling them what to say. In response to this, during the pre-deposition process, a lawyer might tell the witness, "are you saying .....?" This is a covert cue for the witness to use these words without overt and illegal coaching. A lawyer might also tell the witness who might be faced with a difficult question, "Remember, it's not lying to say you don't remember or don't recall." In the real world of well raised people a lie is a lie. In the lawyer's world, this is moral subterfuge and not unethical. When a lawyer sees that his witness is being asked a question that might help the opposition, he will frequently break in and say "Objection to form." If you ask a lawyer, he or she will tell you that they are doing it because of incorrect phraseology. At times this is true. It records an objection so that the question and answer might be kept out of a trial proceeding. On the other hand, it is most frequently used as a warning to the witness to be careful in their answer. This method is used because judicial ethics keep a lawyer from just coming out and prompting the witness when the Deposition is in progress. |
1 A P P E A R A N C E S:
2 MICHAEL R. BRESSLER, ESQ.
36 West 44th Street
3 New York, New York 10036
BY: MICHAEL R. BRESSLER, ESQ.
4 Attorney for the Plaintiff
5 MARY JO WHITE, ESQ.
United States Attorney
6 Southern District of New York
100 Church Street
7 New York, New York 10007
BY: ERIC B. FISHER, ESQ.
8 Attorneys for the Defendant
9 ALSO PRESENT:
10 MICHAEL LEVENTHAL
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1 I N D E X
2 WITNESS NAME PAGE NO.
3 AGATHA STEWART
4
5 Direct Examination by Mr. Bressler 5
6
7 E X H I B I T S
8 EXHIBIT NO. PAGE NO.
9 P-5 Postal receipt and letter 27
dated 6/12/96
10
P-6 Postal receipt and four-page 29
11 letter dated 6/13/96
12 P-7 Six-page affidavit with 41
signature page
13
P-8 Postal receipt and two-page 49
14 memorandum dated 6/10/96 with
three pages attached
15
P-9 Time sheets of Caryl Leventhal 51
16
P-10 Two-page memorandum dated 56
17 7/24/96
18 P-11 New York Newsday newspaper 61
article dated 3/13/98
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Betsy Condiotti & Associates
(732) 774-2902
1 STIPULATIONS
2 IT IS HEREBY
STIPULATED AND AGREED by and
3 between the attorneys for the respective parties
4 herein that the sealing, filing and certification of
5 the within Examination Before Trial be waived; that
6 all objections, except as to form, are reserved to
7 the time of trial;
8 That the transcript may by signed before any
9 Notary Public with the same force and effect as if
10 signed before a Clerk or Judge of the Co}:rt;
11 That this Examination Before Trial may be
12 utilized for all purposes as provided by the CPLR;
13 That all rights provided to all parties by the
14 CPLR shall not be deemed waived and the appropriate
15 sections of the CPLR shall be controlling with
16 respect thereto.
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25
Betsy Condiotti & Associates
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1 A G A T H A S T E W A R T,
2 ------ -------- -----, Springfield Gardens, New
3 York, called as a witness, having been first
4 duly sworn according to law, testifies as
5 follows:
6
7
8 DIRECT EXAMINATION BY MR. BRESSLER:
9
10 Q Good morning, Ms. Stewart.
11 A Good morning.
12 Q I'm Michael Bressler. I'm the attorney
13 for Ms. Leventhal. I'm going to ask you a series of
14 questions regarding her employment with you and so
15 forth.
16 Have you ever been deposed before?
17 A Yes.
18 Q So you
are familiar with the procedure?
19 You understand that the reporter can only record oral
20 testimony and gestures and so forth cannot be picked
21 up?
22 A Yes.
23 Q In the last twenty-four hours have you
24 taken any drugs, medication, alcohol or anything else
25 that would render you unable to answer any questions
1 today?
2 A No.
3 Q Also, if you don't understand a question,
4 please tell me and I will attempt to rephrase.
5 A Okay.
6 Q Have you reviewed any papers, documents,
7 et cetera?
8 A Yes.
9 Q What have you reviewed prior to coming
10 here in preparation?
11 A Some documentation.
12 Q Can you be more specific?
13 A A memo, some sign-in sheets, a PWP.
14 Q What is a PWP?
15 A Performance work plan.
16 Q Anything else?
17 A Some notes on papers.
18 Q qDo you have copies of those notes?
19 A No, I don't.
20 Q Are you employed at this time?
21 A Yes, I am.
22 Q By whom are you employed?
23 A U.S. Immigration & Naturalization Service.
24 Q Where do you work?
25 A The address?
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1 Q Well, do you work in New York?
2 A In New York.
3 Q What is your current title?
4 A Supervisory district adjudications officer.
5 Q How long have you held that position?
6 A Four years, four months.
7 Q When did you start?
8 A January of '96.
NOTE: THIS IS WHEN MS.
STEWART BECAME CARYL LEVENTHAL'S FIRST LINE (IMMEDIATE) SUPERVISOR, REPLACING
BRENDA GRANT)
9 Q Prior to that, did
you hold another
10 position at INS?
11 A Yes.
12 Q What was that?
13 A District adjudication officer.
14 Q When did you start in that position?
15 A 1988.
16 Q Well, what were your duties as district
17 adjudications officer?
18 A To review and adjudicate applications filed
19 with immigration for benefits.
20 Q What is your duties as supervisory
21 district adjudications officer?
22 A To supervise and direct the work of the
23 district adjudication officers.
24 Q Now, prior to your promotion in January
25 1996 -- I assume this is a promotion?
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19
NOTE: THE QUESTIONS AND ANSWERS HAVE REFERENCE TO MS. LEVENTHAL CLAIMING THAT SHE WAS ROUTINELY REQUIRED TO LIFT AND CARRY BOXES WEIGHING AS MUCH AS FIFTY POUNDS. SHE WAS THEN REQUIRED TO DISTRIBUTE THE CONTENTS THROUGHOUT THE OFFICE. THIS WAS NOT IN HER JOB DESCRIPTION. INDEED, HEAVY LIFTING AND CLIMBING IS DEBILITATING AND DANGEROUS FOR SOMEONE WITH MULTIPLE SCLEROSIS. MS. LEVENTHAL CLAIMS THAT HAD SHE KNOWN THIS WOULD BE REQUIRED OF HER (IT IS NOT IN THE JOB DESCRIPTION, NOR WAS SHE INFORMED OF THIS ALLEGED REQUIREMENT DURING HER INTERVIEWS) SHE WOULD NOT HAVE ACCEPTED THE POSITION. SHE ALSO ALLEGES THAT SHE EXPLAINED THE CIRCUMSTANCES OF HER HAVING MULTIPLE SCLEROSIS ON MANY OCCASIONS. THIS, SHE ALLEGES, WAS MET WITH REFUSAL TO SUPPLY ANY HELP OR ACCOMMODATION. MS. LEVENTHAL CLAIMS THAT VERY EARLY ON, SHE WAS WORKING IN AN ENVIRONMENT OF EXTREME PAIN AND DEBILITATION.
1 A Yeah.
2 Q Do you recall them being large boxes,
3 heavy boxes?
4 A The same boxes I carry every day, large,
5 heavy, I don't know.
6 Q Do you know approximately the weight of
7 these boxes?
8 A No.
9 Q Did you ever notice her struggling with
10 these boxes?
11 MR. FISHER: Objection as to form.
12 A Not that I remember, no.
13 Q Did she ever complain to you about having
14 to carry heavy boxes?
15 A Not that I remember, no.
16 Q Did anyone tell you that Ms. Leventhal
17 was complaining about carrying these boxes?
18 A No.
19 Q Do you know if carrying the boxes are part of the PWP?
21 A In particular saying picking up boxes?
22 Q Yes.
23 A Probably not, no. Distributing the work and
24 if the work is in boxes, I guess it means picking up
25 Boxes.
Betsy Condiotti & Associates
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2
Stewart
1 Q Now, after January, did you notice any
2 change in Ms. Leventhal's work performance?
3 A No.
4 Q Did it stay the same, get worse, get
5 better?
6 A It stayed the same.
7 Q And that was the case in February?
8 A It stayed the same throughout the time that
9 she was employed there.
10 Q For the entire time?
11 A Yes.
12 Q When you say entire time, you are talking
13 from January until June? '
14 A Until when she left. The exact date when she
15 left, I don't know.
16 Q And throughout that period, did you have
17 regular meetings with Ms. Leventhal explaining what
18 she is doing wrong?
19 A Yes.
20 Q And that was on a weekly basis?
21 A Probably.
22 Q Did you have further discussions, other
23 than what you testified to, with Ms. Grant about Ms.
24 Leventhal's performance?
25 A No.
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1 Q Do you know how many clerical staff there
2 are in section 245?
3 A Now?
4 Q No, I'm sorry, in 1996.
5 A Probably anywhere from, maybe, fifteen to
6 twenty. The exact number, I don't know, but I would
7 say in a range from fifteen to twenty, maybe.
8 Q And we are talking 1996?
9 A Yes.
10 Q Of those fifteen to twenty employees, do
11 you know what the racial background or racial
12 composition of that department was?
13 MR. FISHER: Objection as to form.
14 A I don't know. I would have to sit down and
15 think about it. Off the top of my head, I have no
16 idea.
NOTE: THE US ATTORNEY AGAIN USES THE LEGAL PLOY OF "OBJECTION AS TO FORM." A LAWYER WILL TELL YOU THAT THIS TERM IS USED TO RECORD THAT THEY OBJECT TO THE WAY THE QUESTION IS STATED. IN POINT OF FACT, MR. FISHER WILL USE THIS MANY TIMES AS A WARNING TO THE WITNESS TO "THINK TWICE" BEFORE ANSWERING. IT WILL BE USED FREQUENTLY IN THIS DEPOSITION TO WARD OF A RESPONSE THAT COULD HELP MS. LEVENTHAL'S CASE. IN COMMON PARLANCE, IT IS A "LAWYER'S TRICK."
17 Q Well, in general, would you say that it
18 was mostly African American?
19 A I don't know.
NOTE: HOW IN THE WORLD CAN YOU NOT BE AWARE OF OBVIOUS PHYSICAL CHARACTERISTICS OF YOUR STAFF? IT IS NOT RACIST TO BE AWARE OF SOMEONE'S PHYSICAL CHARACTERISTICS. INDEED, RACE IS JUST AS DESCRIPTIVE AS BEING AWARE THAT AN INDIVIDUAL IS BALD, SHORT, TALL, HEAVY OR THIN.
20 Q Do you know who Dolores Philbert is?
21 A Yes.
22 Q Do you know what her position was in '96?
23 A No, I don't.
24 Q Do you know if she was a subordinate to
25 Ms. Leventhal?
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1 A She was.
2 Q Do you recall Ms. Leventhal ever
3 complaining to you about any problems with Ms.
4 Philbert in 1996?
5 A Overall, no.
6 Q Do you recall anything she told you about
7 Ms. Philbert?
8 MR. FISHER: Anything
Ms. Leventhal told
9 Ms. Stewart?
10 MR. BRESSLER:
Yes.
11 A Nothing in particular, no.
12 Q When you had those possibly weekly
13 meetings with Ms.
Leventhal, did she ever complain
14 about her dealings with the clerical staff?
15 A Nothing that I could really remember. Nothing
16 in particular.
17 Q Do you know what the policy in 1996 is
18 regarding taking sick days?
19 A If you want to use sick days and you want to
20 schedule it in advance, if you have medical
21 appointments, you fill out a specific form, leave
22 form, and have it signed in advance. If you are ill
23 and you are going to call in sick, the employee must
24 call in to their first-line supervisor.
25 Q Were you Ms. Leventhal's first-line
1 supervisor in 1996, from January to June 1996?
2 A Yes.
3 Q So if Ms. Leventhal was sick, she would
4 call you to take a sick day?
5 A Right.
6 Q Was there a policy regarding providing
7 medical doctor's notes?
8 A If you wanted to stay out more than two days.
9 Q Can you be more specific?
10 A If you were going to be out more than two
11 days, you need a doctor's note saying you were
12 incapacitated.
NOTE: CARYL LEVENTHAL PROVIDED VIA CERTIFIED MAIL, DOCTOR'S NOTE CONFIRMING THE SERIOUSNESS OF HER CONDITION, AN MRI REPORT SHOWING THE SERIOUSNESS OF HER ILLNESS, NUROLOGIST REPORT, ETC. SHE WAS STILL DENIED ACCUMULATED SICK PAY AND MARKED AWOL FOR EVERY HOUR OF EVERY DAY SHE WAS HOME CRITICALLY ILL.
13 Q If someone was very seriously sick, would
14 a spouse be able to call in on their behalf?
15 A Only if they were fully incapacitated.
16 Q What do you mean by that?
17 A If they were unable to speak on the phone.
NOTE: DURING MS. LEVENTHAL'S CRITICAL ILLNESS, BOTH AGATHA STEWART AND BRENDA GRANT REFUSED TO SPEAK WITH HER HUSBAND. THEY PROVIDED NO INFORMATION ON THE PROCESS AND OBSTRUCTED HIS BEING ABLE TO FOLLOW A PROCESS THAT HIS WIFE CARYL WAS TOO INCAPACITATED TO DO HERSELF.
18 Q Could you tell me what AWOL means?
19 A Absent without leave.
20 Q How would someone be marked AWOL?
21 A If they have no leave and they are asking for
22 leave, you are AWOL.
23 (A short recess is taken.)
24 Q In that period between January and June
25 1996, did you ever yell at Ms. Leventhal?
Betsy Condiotti & Associates
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1 A No.
2 Q Did you ever raise your voice?
3 A Possibly.
4 Q Do you know the cause of that?
5 MR. FISHER: Objection as to form.
NOTE: AGAIN, ANOTHER HIDDEN WARNING TO THE WITNESS TO KEEP QUIET. MS. LEVENTHAL COMPLAINED THAT SHE WAS FREQUENTLY YELLED AT, EVEN WHEN SHE PLEADED FOR HELP AND ACCOMMODATION WHEN FORCED TO DO HEAVY LIFTING.
6 A Probably I was repeating myself one too many
7 times, probably just in an annoyed voice, not really
8 a yelling voice.
9 Q Do you know what her reaction was to
10 that?
11 A Most of the time I got no reactions from her.
12 Q When you say you got no reactions, what
13 do you mean?
14 A She wouldn't answer me back. She wouldn't do
15 anything. She would just listen to what I said and
16 then that was it and say okay and that would be it.
17 Q Do you recall Ms. Leventhal ever
18 discussing any illnesses she has with you?
19 A No.
20 Q Well, did you ever hear second hand that
21 Ms. Leventhal suffered from any illness?
22 A Yes.
23 Q Do you know what that illness was?
24 A MS.
25 Q And when did you first hear that Ms.
1 Leventhal had MS?
2 A Once she was gone.
3 Q Do you know when that was?
4 A Exactly when, no.
5 Q Do you recall ever getting a phone call
6 from Ms. Leventhal that she was calling in sick?
7 A Yes.
8 Q Do you know when that phone call came?
9 A No.
10 Q Do you know if you got any phone calls of
11 her calling in sick before June of 1996?
12 A I don't recall.
13 Q But you do remember she called in sick
14 sometime?
15 A Right.
16 Q Do you know what she told you?
17 A She wasn't feeling well, something to that
18 effect.
NOTE: MS. LEVENTHAL IS CONFIRMED AS CALLING IN SICK WHEN CRITICALLY ILL WITH AN ACUTE EXACERBATION OF MULTIPLE SCLEROSIS. IT IS HARDLY BELIEVABLE THAT MS. LEVENTHAL WOULD MERELY SAY THAT SHE WAS "NOT FEELING WELL." IN POINT OF FACT, SINCE CARYL LEVENTHAL HAD ACCUMULATED SICK PAY DUE HER, THERE SHOULD HAVE BEEN NO QUESTION OF HER RECEIVING IT. THIS WAS NEVER DONE AND SHE WAS MARKED AWOL EVEN THOUGH RULES WERE MET.
19 Q Did she say the cause of her not feeling
20 well?
21 A No.
22 Q Do you recall how many times she called
23 in sick?
24 A No.
25 Q Do you recall getting any letters from
1 Ms. Leventhal or her husband regarding her sickness?
2 A No.
3 Q Do you recall Mr. Leventhal ever calling
4 you on behalf of Ms. Leventhal?
5 A Yes.
6 Q Do you recall what was said in that
7 conversation?
8 A Not exactly.
NOTE: MS. STEWART HUNG UP ON MR. LEVENTHAL AS HE PLEADED FOR HER NOT TO YELL AT CARYL WHEN SHE CALLED IN SICK.
9 Q Do you recall what your reaction was to
10 his calling?
11 A To tell him that I need to speak to Ms.
12 Leventhal.
13 Q Do you recall Mr. Leventhal saying that
14 Ms. Leventhal was upset that you were screaming at
15 her?
16 A I don't recall the conversation.
17 Q Did you ever recall screaming at Ms.
18 Leventhal when she called in sick?
19 A No.
20 Q Or raising your voice in any way on the
21 phone?
22 A No.
23 MR. BRESSLER: Mark that.
24 (A postal receipt and letter dated June
25 12, 1996, is marked as Plaintiff's Exhibit 5
1 for identification, as of this date.)
2 Q Let me show you what's been marked as
3 Exhibit 5. This is a letter to Ms. Grant; is that
4 correct?
5 MR. FISHER: Objection. We don't know
6 whether the witness has seen this document
7 before today.
8 MR. BRESSLER: You are right. I'm sorry.
9 Q Have you ever seen this letter before?
10 A I don't think so.
NOTE: MS. STEWART WAS SENT A COPY OF THIS CERTIFIED LETTER. IT IS SO MARKED.
11 Q Have you ever seen it in the context of
12 your review prior to this deposition?
13 A No.
14 Q Around the time of this letter, which is
15 June 12, 1996, did you discuss Ms. Leventhal's
16 absence with Ms. Grant?
17 A I'm not sure. Probably.
18 Q Do you recall what was said in any of
19 those conversations?
20 A No.
21 Q Now, if Ms. Leventhal called Ms. Grant
22 that she is sick and she can't come in, would that be
23 in violation of regulations?
24 A If I was there, she should have been calling
25 me. If I was not present, she would call Ms. Grant.
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Stewart
1 Q Do you recall
in a conversation that you
2 had with Ms. Grant that this letter was ever
3 discussed?
4 A I don't remember at all.
5 MR. BRESSLER: Mark this.
6 (A postal receipt and a four-page letter
7 dated June 13, 1996, is marked as Plaintiff's
8 Exhibit 6 for identification, as of this s
9 date.)
10 Q Have you ever seen this letter before?
11 A I'm not really sure. I know I was sent a
12 package, a big fat package, when they filed, I think,
13 the first stage of something that it might have been
14 in.
15 Q You don't recall receiving this in June
16 1996?
17 A No.
18 Q In June 1996, did you have any
19 discussions
with anyone besides Brenda Grant about
20 Ms. Leventhal's absence?
21 A Not that I recall.
22 Q Like Mr. Brouillet?
23 A No.
24 Q Mr. Berriman?
25 A I don't think so. I'm not sure.
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Stewart
1 witness' attention to the sentence and ask if
2 she agrees or disagrees.
3 Q Getting down to a little halfway down, it
4 says, "On Tuesday, June 11th, 1996, I called Agatha
5 Stewart." That paragraph.
6 Would you say that is accurate or not
7 accurate, and if it's not accurate, why is it not
8 accurate?
9 A What about it?
10 Q Well, is this true?
11 A Is what true? What is that paragraph stating?
12 Q First, did you receive a call from Ms.
13 Leventhal on Tuesday, June 11th, 1996?
14 A I don't know.
15 Q Okay, we will move on to the next
16 paragraph. Did you shout at Ms. Leventhal?
17 A No.
18 Q Did you call her a liar?
19 A I don't remember.
NOTE: THIS IS ANOTHER LAWYER PLOY. DURING "PREPPING" OF A WITNESS PRIOR TO BEING DEPOSED, IT IS AGAINST LEGAL ETHICS TO TELL THEM TO LIE OR PUT WORDS INTO THEIR MOUTHS. TO GO AROUND THIS RULE, A LAWYER WILL FREQUENTLY SAY "REMEMBER, IT'S NOT A LIE TO SAY YOU DON'T REMEMBER OR DON'T RECALL." TO ANY WELL RAISED PERSON IN THE REAL WORLD, THIS WOULD BE A LIE. BUT TRUTH CAN BE ELUSIVE IN LEGAL MATTERS WITH ATTORNEYS.
20 Q Did you tell her she would be marked
21 AWOL?
22 A I don't remember.
23 Q Did you hang up the phone on her?
24 MR. FISHER: Objection as to form.
NOTE: AFTER MONTHS OF DISCOVERY, IT IS OBVIOUS EVEN TO THE US ATTORNEY THAT CARYL LEVENTHAL HAS BEEN TRUTHFUL AND THIS IS A VERY DIRTY CASE. AND YET, HE STILL USES "OBJECTION AS TO FORM" TO GET MS. STEWART TO RETHINK WORDS, RESPOND WITH "I DON'T RECALL" OR BE EVASIVE. IN THIS INSTANCE, MS. STEWART LAMELY ATTEMPTS EVASION BY BEING FLIPPANT.
25 A Yes, when I finished the conversation, yes,
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1 the phone got hung up.
2 Q Not prior to the conversation?
3 A At the end of the conversation.
4 Q Now, if Ms. Leventhal called you and told
5 you she was sick and you were her first-line
6 supervisor, why would she be marked AWOL?
NOTE: VERY GOOD QUESTION. THE US ATTORNEY IMMEDIATELY OBJECTS TO FORM.
7 MR. FISHER: Objection as to form.
8 A Repeat that again.
9 Q If the policy is an employee calls their
10 first-line supervisor and says they are sick and
11 then, under the policy, they should not be marked
12 AWOL; isn't that correct?
NOTE: THE US ATTORNEY IS DESPERATELY HOPING THAT MS. STEWART WILL PICK UP ON HIS QUEUE AND BE AS EVASIVE AS POSSIBLE. MS. STEWART ATTEMPTS TO CONFUSE THE ISSUE BY TALKING ABOUT OTHER TYPES OF LEAVE RATHER THAN CARYL'S ACCUMULATED AND STILL UNUSED SICK PAY.
13 MR. FISHER: Objection as to form. Is
14 this a hypothetical question?
15 Q An employee who calls their first-line
16 supervisor saying they are sick and they can't come
17 in today would not normally: be marked AWOL; isn't
18 that correct?
19 A No, it's not correct. If they have leave, she
20 would normally not be marked AWOL; and if she had no
21 leave, they would be marked AWOL.
22 Q Who determines whether the employee would
23 get leave?
24 A The assistant district director. Well, if you
25 have leave, your first-line supervisor would
1 determine whether you get the leave or not.
2 If you have no leave, and not to be on
3 AWOL, rather than just leave without pay, granted
4 leave
without pay, that was up to the assistant
5 district director.
6 Q Let me just clarify. Leave is for an
7 extended period; isn't that correct?
8 MR. FISHER: Objection as to form.
NOTE: CARYL'S LAWYER CATCHES ON AND PURSUES FURTHER. OF COURSE, THE US ATTORNEY OBJECTS TO FORM, HOPING MS. STEWART CAN EXTRICATE HERSELF.
9 Q What do you mean by leave in this
10 context?
11 A No, what do you mean by leave in this context?
12 I don't know what you are asking me.
13 Q Because I didn't really understand your
14 response.
15 A If you are calling in one day to be sick, I'm
16 sick for one day, you call your supervisor. I make
17 the
determination whether I'm granting the sick leave
18 or not granting the sick leave. If you don't have
19 sick leave, I cannot grant you leave.
20 MR. FISHER: When you say have, you mean
21 accrued?
22 THE WITNESS: Yes, you have it accrued.
23 So you have this leave in the bank and now I
24 can make the determination.
25 If you have no leave in the bank, I can't
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1 leave or not?
2 A Yeah, I do.
3 Q How would you know?
4 A I have a copy every payday of exactly what the
5 balance is on your leave, all my employees. I'm
6 given by the timekeeper what leave balance you have;
7 and simply by going to the time sheet to see whether
8 you have used or not used any in this pay period, I
9 can calculate what you have left.
10 Q Hypothetically, when any employee calls
11 in sick and they want to take a sick day, you would
12 look on how much leave they would have; and if it's
13 beyond the accrued leave, they would be AWOL?
14 A Yes.
15 Q In June of 1996, at the time Ms.
16 Leventhal called in sick, did you notice what her
17 leave was?
18 A I do not recall.
NOTE: OF COURSE MS. STEWART RECALLS! SHE IS RESPONSIBLE FOR SIGNING OFF ON PAYROLL AUTHORIZATION FORMS (LATER SHOWN TO HAVE HER SIGNATURE ON THEM). THE "I DO NOT RECALL" IS THE SORT OF LAWYER "PREPPING" BY THE US ATTORNEY THAT SHOWS THE VULNERABILITY OF THE DEPOSITION SYSTEM. ALSO, LET'S NOT FORGET THAT THE US ATTORNEY REPRESENTS THE US DEPARTMENT OF JUSTICE. IT SHOWS HOW MORALLY BANKRUPT THE USDOJ HAS BECOME WHEN THEY THEMSELVES ARE CALLED TO TASK.
19 Q Do you recall saying to Ms. Leventhal or
20 Mr. Leventhal that she would be marked AWOL?
21 A I don't recall. I possibly said it, but I do
22 not recall saying it.
23 Q And you said that on the basis of your
24 review of the accumulated leave?
25 A I don't know. I don't even recall the
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1 conversation of the AWOL. So I really don't know.
2 Q If someone has no leave left, but they
3 are seriously ill and they wanted to call in sick,
4 hypothetically, what would happen to that employee?
5 A When they called in sick?
6 Q Yes.
7 A They know they need to call in sick and tell
8 me they are going to request possibly leave from the
9 assistant district director, because they know that's
10 what we need to do.
11 They know we cannot approve their leave,
12 because they have none. So they know the proper
13 procedure is to write the memo to the assistant
14 district director requesting the leave that they are
15 asking for, whatever it may be, if they have no
16 leave.
17 Q So hypothetically, if you notice an
18 employee is out of leave, you would tell them please
19 tell the assistant district director?
20 A No, they would know that. They know that.
21 They are all instructed that you don't call in for
22 sick leave to a supervisor if you have no leave.
23 Q Around this time, do you recall ever
24 looking at Ms. Leventhal's accumulated leave and
25 noticing what level it was at?
Betsy Condiotti & Associates
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37
Stewart
1 A I don't remember, no.
2 Q Did you ever mark Ms. Leventhal AWOL?
3 A Possibly.
4 Q You don't specifically remember ever
5 marking her AWOL?
6 A I don't specifically remember, no, but I
7 possibly did. I don't remember any specific
8 instances of marking AWOL.
NOTE: IS IT THAT COMMON FOR A MEMBER OF THE SUPERVISORY STAFF TO BE HOME CRITICALLY ILL FOR SOME TWO AND ONE HALF MONTHS THAT HER IMMEDIATE SUPERVISOR TREATS IT SO LIGHTLY? LET'S NOT FORGET THAT DURING THIS PERIOD, MS. LEVENTHAL AND HER HUSBAND ARE CALLING IN AND SENDING DOCTOR'S NOTES AND MRI REPORTS VIA CERTIFIED MAIL UP THE INS CHAIN OF COMMAND.
9 Q Have you ever marked any other employee
10 AWOL?
11 A Oh, yes.
12 Q What procedure would you follow to mark
13 someone AWOL?
14 A Go to the sign-in sheet and mark the sign-in
15 sheet AWOL.
16 Q Is it true if someone called in sick, you
17 look at their accumulated time, notice it's exceeded
18 and then mark them AWOL?
19 Is that the procedure you followed?
20 A Yes.
21 Q And was that the procedure you followed
22 in the case of Ms. Leventhal?
23 A I don't know.
24 Q You testified before that if a spouse of
25 an employee called in, the only time a spouse of an
1 employee can call in sick for the employee is if they
2 are totally incapacitated, correct?
3 A Right.
4 Q What would you define as totally
5 incapacitated?
6 A That you cannot make the phone call. You
7 cannot get to that phone and you cannot speak.
8 Q Did you ever recall Mr. or Ms. Leventhal
9 telling you not to shout at them, because that's
10 harming her, Ms. Leventhal?
11 A I don't recall.
NOTE: DURING THE ANTICIPATED TRIAL, NO JURY WOULD BELIEVE ANY OF THIS. AGAIN, THE US ATTORNEY HAS TRAINED MS. STEWART WELL IN USING LAPSES OF MEMORY TO MASK A TRUTHFUL ANSWER.
12 Q Is it normal practice if someone, if an
13 employee is home sick, to telephone the employee and
14 ask how they are doing, what their condition is?
15 A No, it's their responsibility to call
16 management and tell them that they are sick.
17 Q Have you ever called an employee who was
18 sick and asked how they are doing?
19 A Not that I remember, no.
20 Q Do you recall ever receiving any medical
21 reports or MRI reports or any medical records of any
22 kind regarding Ms. Leventhal?
23 A Sent to me?
24 Q Yes.
25 A No.
Betsy Condiotti & Associates
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1 Q Who did you discuss it with?
2 A Ms. McPherson. She was also cc'd.
3 Q Do you recall the discussion you had with
4 Ms. McPherson?
5 A Yes, did she get it, did she read it.
6 Q Do you recall anything else about the
7 conversation?
8 A Not really, no.
9 Q In the context of that investigation that
10 we are discussing -
11 MR. FISHER: Objection as to form. We
12 are not discussing an investigation yet.
NOTE: THE US ATTORNEY IS WORKING UP A SWEAT ON THIS ONE. MS. STEWART IS DISPLAYING A MODICUM OF HONESTY AND IT IS MAKING HIM NERVOUS. OF COURSE, HE STATES "OBJECTION AS TO FORM..."
13 Q Were you ever called upon to make an
14 aff--davit regarding Ms. Leventhal's employment at
15 INS?
16 A Yes.
17 MR. BRESSLER: Mark that.
18 (A six-page affidavit with signature page
19 is marked as Plaintiff's Exhibit 7 for
20 identification, as of this date.)
21 Q Please review Exhibit 7.
22 A Okay.
23 Q Do you recall signing this affidavit?
24 A Yes.
25 Q Would you say everything in the affidavit
1 is true and accurate, to your personal knowledge?
2 A Yes.
3 Q Can you describe the process by which the
4 affidavit was prepared?
5 A The person, the EEO person, asked the
6 questions. I answered the questions. He typed them
7 up. I reviewed them. I signed it and I initialed
8 each page.
NOTE: THIS IS PATENTLY UNTRUE. MR. LEVENTHAL IS A WELL KNOWN COMPUTER SPECIALIST. HE HAD A LENGTH CONVERSATION WITH THE CONTRACT EEO INVESTIGATOR WHO TOOK DOWN THE AFFIDAVITS (REALLY Q & A DEPOSITIONS) IN OCTOBER 1997. CONTRARY TO MS. LEVENTHAL'S AND OTHER'S, MS. STEWART'S, GRANT'S AND MCELROY'S AFFIDAVITS ARE IN TIMES ROMAN FONT. THEY SHOW NO CORRECTION AND ARE REPLETE WITH LEGALISTIC OBSCURITIES. THE CONTRACT EEO INVESTIGATOR'S LAPTOP PC COULD ONLY PRINT OUT IN COURIER TEXT. THE QUESTION IS: DID THESE PEOPLE USED INS LAWYERS TO REDO THEIR AFFIDAVITS -- AT TAXPAYER EXPENSE.
9 Q Did you make a decision to terminate Ms.
10 Leventhal's employment?
11 A No, I didn't.
NOTE: IN POINT OF FACT, IT IS ODD THAT CARYL'S IMMEDIATE SUPERVISOR WOULDN'T INITIATE THE TERMINATION REQUEST. AS YOU WILL SEE BELOW, THE US ATTORNEY SEES WHERE THIS IS GOING AND OBJECTS TO FORM.
12 Q Did you have anything to do with Ms.
13 Leventhal's termination?
14 MR. FISHER: Objection as to form.
15 A I didn't write up any other paperwork.
16 Q Did you have any discussions with anyone
17 at INS about the termination of Ms. Leventhal?
18 A I provided documentation, such as the PWP and
19 the backup material that went with that and any other
20 materials that I had copied over time. It was given
21 to Ms. Grant.
22 Q Did Ms. Grant say, do you have any
23 documents regarding Ms. Leventhal, and you provided
24 this?
25 A Right.
Betsy Condiotti & Associates
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1 Q Did you have any discussions with Ms.
2 Grant about Ms. Leventhal in connection with her
3 termination?
4 A In regard to how? Exactly how?
5 Q Whose decision was it to terminate Ms.
6 Leventhal, if you know?
7 A I think the final decision is up to either the
8 deputy district director or the district director.
9 Q Did you have any meetings with anyone
10 regarding the decision to terminate Ms. Leventhal?
11 A Other than Ms. Grant?
12 Q Yes.
13 A No.
14 Q So you did have a discussion with Ms.
15 Grant about Ms. Leventhal's termination?
16 A I vaguely remember her talking about she was
17 going to write her up.
18 Q Do you recall when that conversation
19 occurred?
20 A No, just that it was after she was gone.
21 Exactly when, I don't know, but it was after she was
22 gone.
23 Q Did Ms. Grant tell you the reason she was
24 going to write Ms. Leventhal up?
25 A For her inability to perform her duties.
1 Q Anything else?
2 A No.
3 Q So Ms. Grant said she was going to write
4 her up for her inability to perform her duties?
5 A Yes.
6 Q What did you say to Ms. Grant, if you
7 recall?
8 A I don't remember.
9 Q Well, who initiated that conversation, if
10 you recall?
11 A I don't remember.
12 Q Did her termination have anything to do
13 with her AWOL?
14 A Possibly.
NOTE: IT WAS SPECIFICALLY MENTIONED IN MS. LEVENTHAL LETTER OF TERMINATION THAT WAS RECEIVED WITHOUT WARNING WHEN SHE WAS CONFIRMED CRITICALLY ILL. MS. STEWART ATTEMPTS TO VARY THE MONOTONY OF "I DON'T RECALL" WITH THE TERM "POSSIBLY."
15 Q So it could have been both the AWOL and
16 the inability to perform?
17 A Yes. Had I written it up, it would have been
18 probably both. If I had to write somebody up that
19 needed to be terminated for inability to perform and
20 they were also AWOL, I would incorporate both.
21 Q Do you know if that was done in the case
22 of Ms. Leventhal?
23 A I never saw the paperwork.
24 Q Did you have to approve of a termination
25 at all?
Betsy Condiotti & Associates
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1 A No.
2 Q If you know, was there a memorandum
3 prepared for Ms. Leventhal in connection with the
4 termination?
5 A There must have been, but it wasn't given to
6 me. It goes up the chain, not down.
7 Q Do you recall ever reading the memo?
8 A I think I did read it. It might have been in
9 the package also, but when it was being done or to be
10 done or being approved, it was never shown to me for
11 any reason. There is no reason to show it to me,
12 because I'm down in the chain, not up in the chain.
13 Everybody up in the chain reads it. If I
14 wrote it, everybody above me has to read it before it
15 goes wherever it's going.
16 Q Did you ever advise Ms. Grant that Ms.
17 Leventhal should be terminated?
18 A I don't remember.
19 Q You may have?
20 A I may have.
21 Q If you did say that to Ms. Grant, what
22 would be the reason?
23 A For her inability to do her job, because I was
24 doing her job a lot of the times or correcting all of
25 her mistakes, which was a burden to me.
Betsy Condiotti & Associates
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1 May. I wrote the evaluation, it says, I think, May
2 24th and she signed it some single digit date in
3 June, but other than seeing that, I would not have
4 recalled the exact date.
5 Q Hypothetically or in general, when an
6 employee receives a memo that they are being
7 terminated, do they have an opportunity to respond?
8 A I think you first get an intent to terminate.
9 You don't get the termination memo right away.
10 Q Can you briefly describe the process of
11 how an employee would be terminated, a typical case?
12 A How they are written up for termination?
13 Q Yes.
14 A They are written up and it goes by the chain
15 of command and it's signed off either by the district
16 director or the deputy district director. Then they
17 prepare the termination papers, which is, I think, I
18 have never done one myself, which is the intent to
19 terminate, which gives you ample time to respond to
20 the intent to terminate to give your argument why you
21 shouldn't be terminated.
22 I don't know how many different avenues
23 you can go through before you actually get
24 terminated.
25 Q Do you recall those procedures being
Betsy Condiotti & Associates
(732) 774-2902
1 A No.
2 Q If you can turn to paragraph five of this
3 on the second page.
4 So you don't recall reading this memo at
5 all in June?
6 A No.
7 Q Do you ever recall learning of Ms.
8 Leventhal's multiple sclerosis in June?
9 A I don't recall when I read it. When I found
10 out about it, I was reading something; and that's how
11 I found out about it.
NOTE: CERTIFIED LETTERS AND MEDICAL REPORTS ARE CONFIRMED AS HAVING BEEN SENT UP THE ENTIRE CHAIN OF COMMAND IN JUNE AND JULY 1996.
12 Q Was that reading the big package or
13 prior?
14 A Possibly. I don't remember.
15 MR. BRESSLER: Let's take a break.
16 (A short recess is taken.)
17 Q Please look at the affidavit that we
18 marked as Exhibit 7. On page 2 on the top of the
19 page, paragraph four, you can review your response.
20 As you sit here today, is that accurate
21 of when you learned of Ms. Leventhal's multiple
22 sclerosis?
23 A Yes.
24 Q And you never discussed her illness while
25 you were working with her?
1 A Never.
NOTE: CARYL LEVENTHAL DESPERATELY PLEADED WITH BOTH MS. STEWART AND MS. GRANT FOR HELP WITH THE HEAVY LIFTING AND CLIMBING BECAUSE OF HER MULTIPLE SCLEROSIS. NOT TO DO SO WOULD BE SUICIDAL. HER PLEAS WERE MET WITH JEERS AND YELLING.
2 Q And Ms. Grant never told you about her
3 illness?
4 A Never.
5 Q On page 4, paragraph nine, in your
6 response you wrote, "She was put on AWOL from the
7 first day of her absence. This was based on
8 instructions from Ms. Grant."
9 Do you recall Ms. Grant telling you to
10 put Ms. Leventhal on AWOL?
11 A At this time, I don't recall, but if I wrote
12 this and I signed it, I must have recalled it. It
13 was a long time ago.
14 Q Do you recall anything about this
15 instruction at all?
16 A No.
17 Q Normally, isn't, it the first-line
18 supervisor who would make a decision on AWOL?
19 A Normally, yeah, but the higher authority can
20 overrule.
21 MR. BRESSLER: Mark this.
22 (Time sheets of Caryl Leventhal are
23 marked as Plaintiff's Exhibit 9 for
24 identification,, as of this date.)
25 Q Let me show you what's been marked as
1 Exhibit 9.
2 A Are these 1996?
3 Q Yes, the date got chopped off.
4 Are you familiar with the pages in this
5 exhibit?
6 A Yes.
7 Q Can you tell us what they are?
8 A It's a record of your leave, your attendance.
9 It's an attendance report.
10 Q For Ms. Leventhal?
11 A Yes, for pay purposes.
12 Q Now, in the leave record there is a
13 balance forward of 43.2 annual and 21.1 sick and then
14 there is an AWOL for 80 under used.
NOTE: AGATHA STEWART IS TRAPPED. WHY DID SHE WITHHOLD MS. LEVENTHAL'S ACCUMULATED ANNUAL LEAVE IN HER TIME OF CRISIS IN THE FACE OF A DOCUMENTED ILLNESS?
15 Is there any reason why this balance
16 wasn't applied to Ms. Leventhal's absence?
17 A Based on my statement, it's because Ms. Grant
18 ordered me to put her on AWOL.
19 Q In the normal course of business,
20 wouldn't the accumulated leave be applied to a
21 missing day for sickness?
22 A That's the supervisor's determination. That's
23 a supervisory decision.
24 Q Do you know why Ms. Grant told you to
25 mark her AWOL?
Betsy Condiotti & Associates
(732) 774-2902
A I don't remember.
Q Again, this is contrary to the normal process?
MR. FISHER: Objection as to form. It mischaracterizes her testimony.
NOTE: THE US ATTORNEY IS DESPERATELY ATTEMPTING TO WARD OF AN IMPOSSIBLE SITUATION. BUT MS. STEWART NOW GOES ON TO MAKE THINGS WORSE.
6 Q Isn't it correct that, normally, your
7 accumulated sick time is placed in a bank to be used
8 when you take sick days off; is that correct?
9 A When you are sick.
10 Q Are you saying Ms. Leventhal wasn't sick?
11 A No, I'm not saying anything, but not only in
12 her case, in anybody's case, they can't just call in
13 and say I want to use a sick day. The sun is
14 shining. I want to go to the beach. It's a sick day
15 for sickness or medical appointments for all
16 employees.
17 Q Other than evidence of that kind of
18 fraud, the balance forward would be applied for a
19 sick day when a person is sick?
20 A If granted, yes. It's not automatic. It's
21 the supervisor's discretion to grant or not grant
22 leave, period.
23 Q In Ms. Leventhal's case, who would be the
24 supervisor to grant or not grant?
25 A Myself.
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54
Stewart
1 Q But in this particular case, it was Ms.
2 Grant's decision?
3 A Right.
4 Q Did you question why she was marked AWOL,
5 if you recall?
6 A I was probably told, but I really don't recall
7 what the reason was. I don't even remember that she
8 had leave or not until you showed me this right now.
9 MR. FISHER: Also, for the record, just
10 so it's clear, the date on the right-hand side
11 of the document is cut off, but counsel has
12 represented that the year is 1996 for these
13 records.
14 MR. BRESSLER: Yes. I may be able to see
15 if I can obtain a better copy.
16 Q On the second page, the date at top is
17 7/8/9, and we don't know the last number, but we
18 assume it's '96.
19 Is that your signature?
20 A Yes, it is.
21 Q And Ms. Leventhal was marked AWOL for
22 eighty hours?
23 A Correct.
24 Q Was that decision also Ms. Grant's?
25 A I'm not sure.
Betsy Condiotti & Associates
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1 Q Do you recall if Ms. Grant ever told you
2 to make Ms. Leventhal AWOL as long as she is not
3 present?
4 A I don't recall that conversation.
5 Q On the third page there is a signature.
6 Do you know who it is that signed this?
7 A Yes.
8 Q Who is that?
9 A Loretta Wilheight.
10 Q What is Ms. Wilheight's position?
11 A Supervisory district adjudications officer.
12 Q Is she superior to you?
13 A No, she is equal to me. She is my
14 counterpart.
15 Q Did she have supervisory functions over
16 Ms. Leventhal?
17 A In my absence.
18 Q So you were absent?
19 A I was probably absent that day or not in the
20 area when the time and attendance sheets needed to be
21 signed.
22 Q Now, do you know if Ms. Leventhal was
23 given sick pay for any of the time she was out?
24 A Based on what I'm seeing here, I'm sure she
25 was. You can't have an odd amount. She has point
Betsy Condiotti & Associates
(732) 774-2902
1 two. You accrue four. No matter what employee you
2 are, if you work an eighty-hour pay period, you
3 accrue four. So if it's point two, she must have
4 used some of it.
5 Q Do you know if she got any sick pay from
6 June 1996 on forward?
7 A Possibly. I'm not sure.
8 Q Prior to June 1996, did you find Ms.
9 Leventhal excessively absent from work?
10 A I don't remember.
11 Q Was she excessively late to work?
12 A I really don't remember.
13 Q Does either lateness or absenteeism stick
14 out as a problem with Ms. Leventhal?
15 A I don't remember at all.
16 Q Did Ms. Leventhal ever complain to you,
17 in the time that you were working together, that she
18 is feeling sick or in pain or suffering in some
19 manner?
20 A Not that I recall, no.
21 MR. BRESSLER: Mark this, please.
22 (A two-page memorandum dated July 24,
23 1996, is marked as Plaintiff's Exhibit 10 for
24 identification, as of this date.)
25 Q Do you recall ever reading this document
Betsy Condiotti & Associates
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1 before today?
2 A This was also part of the package.
3 Q Do you recall reading it before you
4 received the package?
5 A No.
6 Q Were you involved, if you recall, in
7 Brenda Grant preparing this memorandum?
8 A No.
9 Q Looking at the second column, it says,
10 "Peculiar judgment in granting annual leave," on the
11 right-hand side.
12 A Okay.
13 Q Do you know what she is referring to in
14 that paragraph?
15 MR. FISHER: Who? Who is referring to?
16 MR. BRESSLER: Brenda Grant, the writer.
17 A Leave approvals.
18 Q Do you have any specific knowledge about
19 what she is talking about?
20 A The vacation schedule, I would assume.
21 Q Were you involved at all in that?
22 A No.
23 Q Was this referring to a Jewish holiday?
24 MR. FISHER: There are a lot of different
25 things in here.
Betsy Condiotti & Associates
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1 Q Do you know if anything in that paragraph
2 is referring to someone taking off for a Jewish
3 holiday or do you know at all what they are referring
4 to?
5 A I don't know. Mel is Jewish. So maybe he
6 wanted Friday off to be home before sundown, which is
7 unlikely, because it was summertime. I don't know.
8 It says Mel Wasserman. That's kind of
9 unusual for the summertime. I could see the
10 wintertime.
11 Q Do you know if Mel Wasserman is still
12 working at INS?
13 A Yes, he is.
14 Q And he has been working there a long
15 time?
16 A Longer than me.
17 Q And his religion was Jewish?
18 A It is Jewish.
NOTE: WHY WOULD MS. STEWART BE AWARE THAT A CLERK IS JEWISH AND NOT KNOW THE FAITH OF HIS SUPERVISOR? THIS IS PARTICULARLY TRUE SINCE MS. LEVENTHAL WORE A STAR OF DAVID GIVEN TO HER BY HER HUSBAND AND CONSPICUOUSLY ATE MATZO DURING PASSOVER.
19 Q In 1996, do you know if anyone else was
20 Jewish?
21 MR. FISHER: Objection as to form.
NOTE: THIS GOES TO THE HEART OF RELIGIOUS DISCRIMINATION AND THE US ATTORNEY IS DESPERATELY SENDING SIGNALS TO MS. STEWART.
22 Q Do you know of any employees, other than
23 Mr. Wasserman, who work in section 245 who are
24 Jewish?
25 A Currently?
Betsy Condiotti & Associates
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1 Q Yes, currently.
2 A Yes.
3 Q Do you know of any Jews that were
4 employed in section 245 in June of 1996?
5 A Other than Mel?
6 Q Yes.
7 A No, not off the top of my head.
8 Q Do you know the religion of Ms.
9 Leventhal?
10 A No, I don't.
NOTE: WHY IS MS. STEWART AWARE OF THE RELIGIOUS AFFILIATION OF PEOPLE WORKING FOR HER NOW, BUT NOT WHEN MS. LEVENTHAL WAS EMPLOYED AT INS?
11 Q Did you ever discuss religion with Ms.
12 Leventhal?
13 A No.
14 Q Did you ever have any discussion about
15 Ms. Leventhal's religion with Ms. Grant?
16 A No.
17 Q Looking at this entire memorandum, would
18 you agree with everything that's put in here? I
19 mean, would you agree with the description of Ms.
20 Leventhal's performance as set forth in this
21 memorandum?
22 MR. FISHER: Each of the bullet items?
23 MR. BRESSLER: Yes.
24 A I would say just about everything, except for
25 the last bullet, which I really don't know what it
Betsy Condiotti & Associates
(732) 774-2902
1 acknowledge receipt of such.
2 Q Do you recall when Ms. Leventhal was
3 scheduled for an annual evaluation?
4 A An annual?
5 Q Do you know when Ms. Leventhal was
6 supposed to have her final probationary review?
7 A No.
8 Q Do you know an individual named Shawn
9 Davis?
10 A Yes.
11 Q Can you tell me what Mr. Davis did?
12 A He was a clerk.
13 Q In what department?
14 A Section 245.
15 Q Do you recall Ms. Leventhal ever
16 complaining about Mr. Davis' performance or absence
17 or anything?
NOTE: SHAWN DAVIS AND OTHER'S WERE LATER ARRESTED FOR CORRUPTION AT INS. MS. LEVENTHAL MADE ATTEMPTS AT INSTITUTING CHANGES TO PROTECT AGAINST THIS BUT WAS REBUFFED. CARYL LEVENTHAL SPECIFICALLY BROUGHT UP THE ACTIONS OF SHAWN DAVIS ... A "FAVORITE" OF BRENDA GRANT.
18 A No, not to me.
19 Q Do you know if he was in the news for
20 some reason?
21 A Possibly. I didn't see anything in the
22 newspaper about him.
23 MR. BRESSLER: Mark this as Exhibit 11.
24 (A New York Newsday newspaper article
25 dated March 13, 1998, is marked as Plaintiff's
Betsy Condiotti & Associates
(732) 774-2902
Stewart
1 Exhibit 11 for identification, as of this
2 date.)
3 Q Do you recall anything about this? The
4 headline is "Immigration Scam."
5 A Yes.
6 Q Of the names listed in the circled
7 portion, do you know any of these people, other than
8 Mr. Davis?
9 A Yes.
10 Q Who do you know?
NOTE: MS. LEVENTHAL SEEMED TO BE THE ONLY PERSON CONCERNED WITH THE ILLEGAL BUYING AND SELLING OF GREEN CARDS. MS. STEWART AND MS. GRANT REFUSED TO WORK WITH HER TO STOP THIS MONEY MAKING BUSINESS. THE RESULTS ARE APPARENT. CARYL LEVENTHAL ALWAYS SUSPECTED THAT THE CORRUPTION WENT HIGHER THAN THE PEOPLE LISTED BELOW.
11 A Abdul Latif Abdul Salam, Anthony Holness,
12 Shawn Davis, Celeste Prather and Heylin Cabrera.
13 Q Were all of these individuals employees
14 of INS?
15 A Yes.
16 Q Were they all employees of INS section
17 245?
18 A No.
19 Q Were you supervisor of any of these
20 employees?
21 A Yes.
22 Q Whom?
23 A Salam.
24 Q And Mr. Davis; is that correct?
25 A I don't recall if he was under the clerical
Betsy Condiotti & Associates
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Stewart
1 pool at the time I supervised.
2 Q Do you know what Mr. Salam's function
3 was?
4 A He was a district adjudications officer.
5 Q Do you have any specific knowledge of
6 what Mr. Davis' job was?
7 A He was a clerk. I don't know his exact title,
8 which kind of clerk. I don't know. We have several
9 different titles. I know he was a clerk.
10 Q Now, do you recall during Christmas in
11 1995, do you recall if there were Christmas
12 decorations in section 245?
13 A Yes, we had Christmas decorations.
NOTE: SETTING ASIDE THE FACT THAT RELIGIOUS SPECIFIC DECORATIONS AREN'T ALLOWED IN FEDERAL BUILDINGS, IT IS AN INTEGRAL PART OF MS. LEVENTHAL'S CLAIM OF RELIGIOUS DISCRIMINATION. MS. LEVENTHAL WAS REFUSED HER REQUEST TO PLACE A SMALL MENORAH ON HER DESK DURING THIS HOLIDAY SEASON. SHE ALLEGES THAT MS. GRANT TOLD HER "NO JEWISH THINGS, ONLY CHRISTMAS THINGS."
14 Q Do you know if there were Easter
15 decorations?
16 MR. FISHER: In December?
17 MR. BRESSLER: During April.
18 A I don't think so. I can't say yes or no, but
19 I don't think so. We normally don't decorate for
20 Easter.
21 Q Do you know of INS's policy, in general,
22 about an employee taking off time for religious
23 observance?
24 A If you request time off for religious
25 observance?
Betsy Condiotti & Associates
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1 Q Yes.
2 A Yes, it's granted. Most of the time, I should
3 say, not all the time. If the whole staff wants off,
4 they can't have it.
5 Q Do you know what Mr. Wasserman's function
6 was at INS?
7 A He is an applications clerk.
8 Q Do you know if he was working under Ms.
9 Leventhal?
10 A Yes.
11 Q Was he involved in the employee's union,
12 if you know?
13 A Is he a member of the union?
14 Q Yes.
15 A I think so.
16 Q Was he a shop steward?
17 A I don't know.
NOTE: HOW CAN MS. STEWART NOT KNOW WHO THE SHOP STEWARD OF HER DEPARTMENT IS? MANAGEMENT IS ALWAYS AWARE OF THIS. THEY NEGOTIATE WITH THE SHOP STEWARD TO WORK OUT PROBLEMS IN THE OFFICE.
18 Q How would you describe, in general terms,
19 your relationship with Ms. Leventhal, personally?
20 A She was a nice person. I thought we got along
21 well. I never really had any personal problems with
22 her. As a person, she was a nice person. We spoke
23 from time to time.
NOTE: THIS IS HARDLY AN EVALUATION OF SOMEONE WHO WAS TERMINATED WHILE CRITICALLY ILL FOR SHOWING "LACK OF DEDICATION TO HER JOB." THIS APPEARED IN BRENDA GRANT'S REQUEST FOR MS. LEVENTHAL'S TERMINATION. IT WAS REPEATED IN THE AUGUST 1996 TERMINATION LETTER SENT MS. LEVENTHAL BY EDWARD MCELROY, DISTRICT DIRECTOR. THIS SLANDER WAS REPEATED AGAIN BY MR. MCELROY IN HIS SEPTEMBER 1996 LETTER TO JOHN CHASE, DIRECTOR OF INTERNAL AUDIT WHEN HE ATTEMPTED TO VALIDATE MS. LEVENTHAL'S TERMINATION.
24 Q Did you ever talk about non-work-related
25 stuff?
1 A Yes.
2 Q Is Ms. Grant still in INS?
3 A Yes.
4 Q Do you know where she is employed?
5 A In New Jersey.
6 Q Do you know when it happened that she
7 went from New York to New Jersey?
8 A No, not exactly.
9 Q Other than Ms. Leventhal, did anyone else
10 get terminated from section 245 in 1996, to your
11 knowledge?
12 A Other than people that maybe got arrested?
13 Q Yes.
14 A Not that I can recall.
15 Q Do you recall being involved in
16 terminating any employee in 1996?
17 A No.
18 Q And you have terminated employees?
19 A No.
20 Q You never terminated an employee?
21 A Not that I remember. I have to think back. I
22 don't think so. No, I don't think I ever have
23 written up anybody for termination.
24 Q Today in section 245, who is the
25 supervisory applications clerk?
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1 A Sherilyn Phillips.
2 Q Do you know when she assumed that
3 position?
4 A No.
5 Q Did she assume it after Ms. Leventhal
6 left INS, if you recall?
7 A Sometime after. When exactly, I don't
8 remember.
9 Q Do you know if there was someone between
10 Ms. Leventhal and Ms. Phillips?
11 A No, there wasn't.
12 Q Do you know what the race of Ms.
13 Philbert is?
14 A She is black.
15 Q Now, you mentioned before the predecessor
16 of Ms. Leventhal in the supervisory clerk position.
17 What was the name of that person?
18 A Pearlie Wilkins.
19 Q Do you know what race Ms. Wilkins is?
20 A She is black.
21 Q Do you know who was the supervisory clerk
22 before Pearlie Wilkins, if you recall?
23 A Rudy Merada.
24 Q Is that a male or a female?
25 A A male.
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Stewart
1 Q Do you know what his race is?
2 A White.
3 Q Do you know who was the supervisory clerk
4 before Mr. Merada?
5 A No.
6 Q Do you recall Brenda Grant holding that
7 position?
8 A Yes, sorry, somewhere in between there.
9 Q Between Mr. Merada and Ms. Wilkins?
10 A After Rudy. Going backwards, Sherilyn,
11 Pearlie, Brenda and then Rudy Merada.
12 Q When did you start at INS?
13 A 1976.
14 Q Just briefly, do you know the racial
15 composition of section 245 today, approximately?
16 A Not really.
17 Q Do you have any idea about percentage of
18 one race or another?
19 A No.
20 Q Did anyone ever talk to you about making
21 your department diverse, racially diverse?
22 A Not really, no.
23 Q Do you ever talk about Affirmative
24 Action?
25 A Do we ever talk about it?
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70
Stewart
1 anyone's name on it. It's just generic.
2 Q Well, you would know better than me.
3 MR. FISHER: Not necessarily. You might
4 know better than the witness.
5 A I don't see a name. So it looks like a
6 generic position description for all persons with the
7 same title, supervisory applications clerk.
8 On the back page, there is nobody's name
9 on it. So it looks like a generic position
10 description for SAC.
11 Q In your review of this, would you say
12 that is what the SAC does in section 245, in your
13 experience?
14 A Basically.
15 Q Is there anything in this description
16 talking about lifting boxes and carrying boxes and so
17 forth?
18 A In those words, no.
19 Q Do you know if that's normally part of
20 the SAC's job?
21 A It's part of the supervisor's job, no matter
22 which supervisor, to distribute the work load,
23 period, whether it be a SAC or myself. I distribute
24 my work load to my people also.
25 Q Do you know when Mr. Merada was the SAC,
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Stewart
1 what years?
2 A When I started in '76, he was a SAC.
3 Q Do you know when he stopped being SAC?
4 A I don't know exactly when.
5 Q Do you know the circumstances of him
6 leaving that position?
7 A Yes.
8 Q What was the circumstances?
9 A He got promoted.
10 Q And then he was replaced by Brenda Grant?
11 A If I recall right, yes.
12 Q Do you know how long Brenda Grant was in
13 that position?
14 A No.
15 Q And she was replaced by Ms. Wilkins?
16 A I think. I don't think there was anybody in
17 between. I'm not sure.
NOTE: ANOTHER ONE OF MS. LEVENTHAL'S CONTENTIONS CONFIRMED. IN SPITE OF THE US ATTORNEY REFUSING TO SUPPLY RACIAL INFORMATION ABOUT PEOPLE HOLDING MS. LEVENTHAL'S POSITION BEFORE AND AFTER, THE TRUTH IS REVEALED. MS. LEVENTHAL WAS THE FIRST NON-BLACK PERSON IN DECADES TO HOLD THE POSITION OF SUPERVISORY APPLICATION'S CLERK IN SECTION 245.. AND WHEN SHE WAS BRUTALIZED, MADE CRITICALLY ILL AND TERMINATED, SHE WAS IMMEDIATELY REPLACED BY AN AFRICAN-AMERICAN.
18 Q Did you ever have any talk with Ms.
19 Leventhal about her family?
20 A I know she mentioned she was married. I know
21 she mentioned that she had a stepson. That's about
22 all I can really remember.
23 Q Did you ever recall seeing any pictures
24 of her stepson?
25 A If you showed it to me again in a group of
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1 pictures, I wouldn't pick it out. I don't really
2 remember. I'm sure maybe she did, but I don't really
3 remember. She might have, but I don't really
4 remember.
5 Q Did you ever discuss your family with
6 her?
7 A I really don't remember. Possibly. I always
8 complain about them. Possibly. I always talk about
9 my children.
10 Q How many children do you have?
11 A Four.
12 Q Did you have any nicknames at INS?
13 A Not that I know of.
14 Q Do you have any nickname because of your
15 long hair?
16 A Yeah.
17 Q What was that?
18 A Pocahontas.
19 Q Do you not like that nickname?
20 A It doesn't bother me. It could be worse.
21 MR. BRESSLER: Okay, that's all I have.
22 (Time noted is 12:50 p.m.)
23
24
25
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Commentary and Editor's Notes written and Copyright © by: LTC Michael G. Leventhal
Copyright 2000 Reproduction with written permission. Contact: Michael @Justice-Denied.net
