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that you believed had been stolen, your tooth brush
your soap, things like that, did you ever mention
any of those thefts to management?
A. I think in passing, I think J told Liz; I
didn't make a great big issue out of it, the way
they would, the way the clique would, it was just,
there is some worthless nothing behind people in
here, it was what I was thinking, so it wasn’t like
a large complaint or, you know --
Q > Why did you not make a more formal
complaint about this, the thefi and putting trash on
your desk, and the abuse of your car that you
alleged?
A 1 didn't know who did it, and the way that
management felt about me, it wouldn't make 4
difference; they would be indifferent about it. And
not having any evidence, there is nothing anybody
could do so— it wasn't like the end of the world,
it was just being a nuisance, so J just tried to be
as mature as possible about it.
(Whereupon, a document was
marked for identification as
Exhibit Murray-10.)

BY MR. SULLIVAN:

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Page 72
facility on Townsend Road?

A Yes. Somebody would drop something on
managements head or something, just, you know,
cartoons, kind of, veiled incidents, comments.

Q Did you ever say what should be dropped o7
management's head?

A Boxes or something like that.

Q And that was because you were concemed
about, what?

A Just the way management seems fo let the
clique get away with anything. Whatever the cliqu
wants to do with the lower grade employees,
management will just -- they accept anything that
the clique says as heart, facts or evidence, and it
was just expressing that, just discontent with it.

Q Did you ever make any other, what you
referred to as veil comment or threat in
Mr. Hughes's presence regarding any of that?

A No. No.

Q That is all you remember?

A. Thatis all] can remember now.

Q Okay, you may have said some other things
and you don't recall?

A Yes.

We uA RW

Page 71

Q_ Ihad this marked Murray-10, in the memo
that you sent to Shawn Walker, S-H-A-W-N
W-A-L-K-E-R, on November 17th, 2004, the EEO
proceeding.

Mr. Murray, is this your handwriting

on this document?

A Yes.

Q And this is the statement that you
submitted to Mr. Walker in the EEO proceeding; is
that correct?

A Yes, that is correct.

Q On Page 1, looks like the 3rd paragraph,
it says, “I know that I have made several veiled
comments or threats about wishing someone do
something drastic to force management to change the
injustices and inequality meeted out to the lower
grade GS-3 employees and the clique who brown-nose
management daily." What veiled comments or threats
did you make?

A Accoupte times, just in talking to James

Q_ James Hughes?

A Yeah.

Q. And he was the security officer at the

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Q This is a good time for you to put money
in the meter, it looks like it is about 12:35, is
that agreeable?
A Yes.
(Whereupon, a brief recess was
taken.)
(Whereupon, a document was
marked for identification as
Exhibit Murray-14.)

MR. SULLIVAN: We are back on the record
about 1:00 p.m., Mr. Murray had to put some
money in his meter about 25 minutes ago.

He has just informed me that he received a
phone call from home about a medical emergenc:
and doesn't believe that he is going to be able
to continue today, after, approximately, 2:15
p-m., and I asked him shortly before then to
call home again just to make sure he is needed,
and -- why don't we go off the record for a
second.

(Whereupon, a brief discussion
was held off the record.)

MR. SULLIVAN: Allright, so if that is
necessary, when we get close to 2:15, we will

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1 had someone's name attached to it, something mocking 1 there was a depiction of a swastika in the magazine;
2  someone’s weight, or whatever, uniess it has a 2 is that correct?
3. person's name attached. 3 A Now, I -- some of the students, not
4 Q_ Do you recall any comments that did not 4 students, some of the employees who come through ir
5 have a person's name attached that was disparaging 5 the summer wil! use other people's desk, so I can't
6 toward coworkers? 6 really say who the magazine belonged to; I can't
7 A No. 7 really say there was anything offensive in it, I
8 Q During your time at the Federal Detention 8 didn't read it.
9 Center (sic), did you see anybody else post 9 Q Couldn't the magazine have been critical
10 anything, any other postings -- did I say Detention 10 of the Holocaust?
11 Center? i A Could be.
12 A Um-huh. 12 Q You don't know?
13 Q I'm sorry, | have that case fresh in my 13 A No.
14 mind, Federal Records Center, did you see anybody | 14 Q Is there anybody that you believe was
15 else post any material that had racial content that 15 treated more favorably then you, who posted
16 was similar to the material that you posted in 16 materials with a religious, racial, political,
17 August or September 2004 that had racial comment? 17 disparaging remark content that you believe is
18 A No. 18 similar to the sort of material you posted, that you
19 Q Have you told — is there anybody's 19 were required to take down?
20 posting at the Federal Records Center in any of the 20 A Only Mitchell Buffone was good for posting
21 years while you were there, that had religious, 21 John Gotti, Joey Merlino, Mafia type figures from
22 racial, political, disparaging remark content that 22 magazines and newspaper articles, not only on his
23 you think was similar to what you posted? 23. desk, but he would put them on a government posting]
24 A Not that I can really recall. The only 24 board where you could stick those pins into it, he
Page 151 Page 153
1 thing that ever disturbed me and a few other people | 1 would put those articles up there.
2. was the depiction of the Archives mole. Other than }| 2 Q > Where, at his desk?
3. that, I can’t think of any. 3 A They were right in back of his desk,
4 Q And you referred in the past to the 4 overtop of, or near the Xerox machine.
5 picture of John Gotti that Mr. Buffone had? 5 Q_ When did he do that?
6 A Yes. 6 A Over the years since I've known him.
7 Q Did Ms. Buffone remove that picture when 7 Q) Do you recall him posting anything of a
8 he was told to do so? 8 religious content?
9 A I don't have any knowledge of it. 9 A No.
10 Q Do you have any knowledge that at some 10 Q And you were not aware of him posting
11 point it was removed? 11 those materials after he was told to take them down?
12 A J think -- reading the EEOC documents, I 12 A No.
13. believe some time after I left that it was removed. 13 Q No, you are not aware?
14 Q After you left? 14 A No, 1am not aware.
15 A. After I was placed on administrative 15 Q Okay. 1 want to tum to September 22nd,
16 leave. 16 2004, did you get a call from Warren Hammond while|
7 Q Do you know whether after Mr. Buffone too! 17 you were on administrative leave beginning Septembef
18 down the picture of John Gotti, he put it back up, 18 16th, 20047
19 or any similar material? 19 A Yes.
20 A I don't know. 20 Q You got that on your cel] phone?
21 Q And you also referred to a magazine on a 21 A On the cell phone.
22 Jewish employee's desk that you referred to in your 22 Q > And is Warren Hammond's nickname Skip?
23. Affidavit and you testified to during your previous | 23 A Yes.
24 deposition testimony that you said that you thought | 24 Q When did he leave that message for you?

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Page 134 Page 136
1 Darryl Murray, pro se 1 (Whereupon, the deposition
By: DARRYL MURRAY 2 commenced at 11:00 a.m.)
2 112 West Champlost Avenue a
Philadelphia, Pennsylvania 19120 3 Darryl Murray, residing at 112 West
3 4 Champlost Avenue, Philadelphia, Pennsylvania, having
pro se for Plaintiff, 5 been first duly sworn by a Notary Public within the
4 Darryl Murray 6 State of Pennsylvania, was examined and testified undd
5 sylvania, was examined ant ni
United States Department of Justice 7 oath as follows...
6 United States Attorney's Office g EXAMINATION
By: GERALD B. SULLIVAN, ESQUIRE 9 BY MR. SULLIVAN:
7 615 Chestnut Street
Suite 1250 10 Q = Mr. Murry, you understand that you are
8 Philadelphia, Pennsylvania 19106 11. still under oath now?
9 Counsel for Defendants, 12 A Yes.
Allen Weinstein, Archivist of the Pe
10 United States National Archives B Q > And are there any of my initial
W 14 instructions to you that you want me to go over
12. ALSO PRESENT: 15 again, before we start today?
3 John E. Davenport, Sr. 16 A. No, 1am pretty straight.
is 17 Q_ Okay.
16 18 Mr. Murray, when we stopped a few
ig 19 days ago, we were talking about some of your
19 20 postings that you had made in September and August
20 21 2004; correct?
21 22 A Correct.
2 23 Q _Isit your testimony that you continued to
3a 24 post materials at your workstation after
Page 135 Page 137
1 INDEX 1 August 17th, 2004, that's when you got the letter
2 2. regarding the August postings, because you felt that
3. WITNESS PAGE 3 only offensive subject matter was disallowed?
4 4 A Correct.
5 DARRYL MURRAY 5 Q And you didn't feel what you were posting
6 By MR, Sullivan 136 6 was offensive?
7 -ee 7 A Correct.
8 EXHIBITS 8 Q_ Why did you, then, stop posting all
9 9 religious and racial content posting after the
10. NUMBER DESCRIPTION PAGE} 10 August 17th, 2004 letter?
11) Murray-20 Letter 154 11 A Just to make my life, and my supervisor's
12 Murray-21 Document 156 12 life easier.
13. Murray-22 Document 158 13 Q > Okay. Did anyone ever tell you that any
14 Murray-23 Document 167 14 material that you deemed offensive was prohibited?
15 Murray-24 Letter 182 15 A_ Did anyone ever tell me that { think —
16 Murray-25 Letter 183 16 Q No, I'm sorry. Did anyone ever tell you
17 Murray-26 Document 208 17 only material that you deemed was offensive,
18 REQUEST FOR PRODUCTION 18 prohibited?
19 Page 195 Line 20 19 A No.
20 Page 249 Line 9 20 Q So, who -- in whose view would material
21 Page 249 Line 11 21 have to be offensive to be prohibited, would it be
22 Page 252 Line 2 22 management; would it be coworkers; who would it be’
23 Page 262 Line 8 23. A Have to be Catholics, from my
24 Page 262 Line 10 24 understanding.

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A About 30 feet from it, up a little past
it, not directly -- if you exited my car, you would
have to go up on an angle to get back. It would be
a 30-degree angle.

Q And your car was parallel to the front of
the building?

A’ Right.

Q. And the front of the car was facing the
front entrance gate to the Records Center?

A Correct.

Q So the passenger's side window would be or
the side of the building?

A Correct.

Q_ And the driver's window would be facing
away from the building?

A. Right.

Q Did you remain in your car the entire time

that you were at the Federal Records Center that
day?
A Yes.

Q And state, again, why you are there?

A Just going to notify Warren Hammond, Skip
and my other friends that I was all right, that 1
was on administrative leave, and hope to be back

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A Yes.

Q When you say, Mr. Hughes was at the front
door, there is two doors, again, one would have beer
facing the rear of your car, and one would have been
facing the front; is that correct?

A I think that I understand what you are
saying, there is a double door at the front, and
once you go through that, then there is another
entrance side door, I think that is what you are
trying to get at, and J hope that we are talking
about the front double doors.

Q_ And where did you see him?

A Standing right at the front double doors.

Q Did he, then, come out of the building?

A Yeah, he had to be out of the building to
be coming through that door.

Q Oh, you are saying that he is outside the
door?

A Yeah, outside the door.

Q Had you talked to anybody else before you
saw him?

A No.

Q Had you seen any of your coworkers before
you saw him?

Page 171
soon.

Q How soon after you made the call to
Vanessa Adams did you arrive?

A. That is about a 10 minute drive.

Q > When you arrived, did the lunch hour
already begun?

A. People were coming out of the front door
and the side cafeteria door.

Q > And that would be 11:15 lunch hour -- haif
hour?

A Correct.

Q_ Without telling me the content of any
conversations that you had with anybody, I just wang
to get more context here, what happened next, and,
again, don't tell me the conversations that you had,
but, who did you see; what did you do? The child
was still asleep in the car?

A The child was still asleep.

Q_ In the back seat?

A Back seat, ina car seat, and by the time
that I put it in park and took my foot off the
brake, James Hughes emerged from the building and|
stood right in front of the front door.

Q The car was running at the time?

eaaurWwne

Page 173

A No.

Q What happened next, and don't tell me any
conversations, J just want to know what happened
next, you can tell me if there was a conversation if
that is what happened next.

A. There was -- 1 made a statement to him.

Q. To Officer --

A Officer Hughes, and he went back into the
building, and while he was away going back into the)
building, that's when coworkers started coming out ;
of the building.

Q. Okay, and did you talk to any of those
coworkers?

A. J talked to Irene Jones, and I spoke to
Larry — well, | waved to Larry.

Q_ Lary who?

A 1 don't know his last name, he is
relatively new.

Coworker?

Coworker.

But you spoke to Miss Jones?

Yes.

So you didn't see Miss Jones, or speak to
her until Security Officer Hughes went back into the}

DPOre

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1 which sometimes do not work out. You also sometimeq 1 desk and personal property for over a year; is that
2. work in a scattered manner, sather than working more | 2 what you referred to before, the falling out?

3 methodically by stack area." Did Ms. Washington 3 A. No. That worthless loser stuff started
4 discuss with you that criticism? 4 coming about when personal items started

5 A Yes. 5 disappearing off my desk, my cart; someone had
6 Q > Did you have a response? 6 slapped some spaghetti sauce or pasta sauce or
7 A Didn't totally agree with it, but I 7 something on the side of my car, and I didn't know
8 understood what she meant. She was saying, we have | 8 who it was, but I knew that he was responsible for
9 our building warehouse, it is divided up into 9 it, but] don't know who actually did it, but 1
10 sections A, B, C, D, E, F, G, and instead of going 10 think he did it.

11 A,B,C,D,E,F,G, sometimes 1 would start in an 1} Q When did that start?
12. area that was less crowded, or where the work was 12 A. Shortly after 1 wrote him the letter
43. easier, and she might have thought that that had 13. terminating our friendship, and that would be 2003.
14 something to do with being minimally satisfactory. 14 Q Okay, and your letter to the judge, your
15 Q_ Did you ever go above minimally 15 memo to the judge, you referred to August 2003; does
46 satisfactory after that point before you departed? 16 that seem right?
17 A Yes. 17 A Yes.
18 Q_ Did you ever get an within-grade increase 18 Q > Okay. What issues did you have with
19 before you left? 19 Vernel Tate?
20 A Yes. 20 A. Poor Mrs. Tate was overage and over sexed;
21 Q How many times? 21 middle aged woman who was attracted to me, and]
22 A Once. 22 think that she thought because I had a good
23 Q When was this? 23 friendship with all the female employees, that we
24 A June 2004. 24 must have been having sex because we were sO
Page 47 Page 49

1 Q Mr. Murray, going back to our discussion 1 friendly, and she used to talk like, she wanted a

2 about cliques, you've referred to a clique involving 2 piece of the action or something.

3. Mr. Mitchell Buffone? 3 1 don't know what her problem was.

4 A Yes, 4 She was just constantly harassing and complaining

5 Q Who else was in that clique? 5 about me not showing her and the clique enough

6 A Mitchell Buffone, Pat Davis, Dwayne 6 respect, or -- and if anybody had anything negative

7 Dixson, Darnel Tate and one or two people that had 7 to say about me, she would try to hype it up and

8 one foot in and one foot out. 8 boost it. She was just a nuisance, plainly.

9 Q Who were they? 9 Q > Inyour EEOC statement from November
10 A That would be Reather Dawson and just 30 18th, 2004 you state, I filed a complaint of sexual
11 about anybody who needed them to get a promotion. | 11 harassment against Miss Tate; did you, in fact, file
12 mean, since they never did anything to me, or never 12 acomplaint of sexual harassment?

13. did anything to anybody that I know of, I don't feel 13 A | filed a complaint with the director; I
14 comfortable, you know, putting them in something, or] 14 didn’t go through with it to the EEOC.

15 calling their name. 15 Q_ And what were you alleging?

16 Q > And Mr-- and J don't know if the 16 A She was harassing me.

17 pronunciation is right, Hong Diep, H-O-N-G D--E-P,}17 Qn what way.

48 was he in that clique? 18 A Verbal, sexual advances.

19 A Na. 19 Q Jam going to come back to some of your
20 Q Inamemo that you submitted to the judge 20 issues with the clique. that you referred to ina
21 afew months ago, Judge Shapiro, you stated that you] 21 moment; what religious items, symbols, messages did|
22 hada falling out with Buffone, and you called him a 22 you see posted at the Records Center on Townsend
23 worthless foser, and Mr. Buffone retaliated with a 23 Road during your time there?

24 secret campaign of harassment by vandalizing your 24 A Onsome employees screen savers on their

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1 anything beyond having your union representative 1 basis, in your mind, regarding the actions that were
2 submit the October 2004 letter; correct? 2. taken following your threat, your alleged threat,
3 A There was an issue with them, and anything 3 that you haven't already testified to?
4 that] wrote would have been a waste of time, in my 4 A Well, | think it is everything that was
5 opinion. 5 motivated and brought on because of the initial
6 Q You knew you had the opportunity just -~ 6 incident in'9S. J don’t think if anything would
7 to make additional information, but you didn't think 7 have happened in ‘95 if they would have brought up
8 it was going to make any difference? 8 the letters of August 16th, 2004, and there wasn't
9 A Yeah, | don't think that I had anything to 9 noreligious element to the whole incident. 1 think
10 submit at that time. 10 -- 1 think there fears and ignorance about other
i Q = Mr, Murray, I am showing you, again, what 1} people's faith has been tainted by the media, and it
12 has been marked as Murray-16, which is your October| 12 is understandable.
13 6th, 2004 EEO statement, pages -- Page 9, you state, 13 J just feel as though I have been
14 \ don't have a motive or grievance with management | 14 here so long, everybody knows that J am complete!
15 that would cause me to harm anyone. 15 American. I don't like what is going on in the
16 l even informed Assistant Regional 16 country. Nobody is keeping me from leaving.
17 Director David Roland that | considered him to bea | 17 Q_ So is that your speculation, then, about
18 Messiah to the poor African-American employees. M18 --
19 John McEvoy is the best regional director I have had | 19 A Yeah.
20 the honor of servicing under; did you make those 20 Q_ -- why things were done, it's not based on
21° statements? 21 what anybody ever told you, what Mr. McEvoy evq
22 A Yes. 22 said to you --
23 Q > And did you view David Roland and John 23 A Speculation.
24 McEvoy in those ways? 24 Q And is there any comment that anybody eve}
Page 211 Page 213
1 A Ah- initially — ah — as time went on, 1 made, Mr. McEvoy, Mr. Roland, anybody else that you
2. [think as Mr. Roland started moving up from 2. based your view on that you were being discriminated
3. director to assistant regiona] administrator, and T 3 against your religion?
4 think his folds and sights were set above that. I 4 A. For some reason, } don't have any
5 started to feel he was, maybe, a little less 5 evidence, but the pictures of Osama bin Laden that
6 interested in the employees, and 1 understood at the | 6 started popping up in the male locker room, I got a
7 same time that he didn't have as much time, but -- 7 real suspicion that John McEvoy might have done it
8 ah -- me and some other people started thinking that} 8 even though he is upper management, because I never
9 Mitchell Buffone had too much influence. Some 9 - nobody ever brought anything -- ah -- like that,
10 people even thought that Mitchell Buffone had some] 10 Islamic, in the -- ah — workplace before he came,
11. kind of dirt on him, or something, because anything | 11 and it happened right around the time that he came,
12. that comes out of Mitchell's mouth, seems like 12 but I don't have evidence, so...
13 management -- I mean, that handles all authority, 13 Q_ These were posters you said?
14 were only his opinion or views had any merit to 14 A Yeah.
15 them. 15 Q _. And what did the posters say?
16 Q But there was at least a time when you 16 A. Ah-- one of them was Osama bin Laden
17 thought about -- 17 decapitated and it just -- ah -- and it says,
18 A Oh, yeah. 18 justice served.
19 Q. —they were all this way? 19 Q Did it say, Osama bin Laden wanted dead or
20 A Yeah. 20 alive; something to that effect?
21 Q And then there was a time when you felt 21 A Yeah.
22 about John McEvoy this way? 22 Q When were they posted in the men's locker
23 A Yeah, in the beginning. 23 wash room, did you say?
24 Q And is there any religious discrimination 24 A The men's -- ah -- locker room, wash room.

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Page 202
workplace violence and misconduct. I believe that
management is sending a strong message concerning,
threats of violence in the workplace; is that your
opinion?

A Yes.

Q Your union representative, Mr. James
Cassedy in his October 2004 letter, which is an
Exhibit in this deposition, ] can show you, again,
if you want to see it. Mr. Murray deeply regrets
the inappropriate use of language. In the present
climate of high security at Federal Centers, he
acknowledges that the inappropriate use of language
can have an alarming affect; is that the case, do
you regret using the language that you used on
September 22nd, 2004?

A Yes.

Q > And you understand the sensitive nature of
the post 9/11 world?

A Definitely.

Q You state, and I can show this to you, in
February 8th, 2005 EEO statement, 1 do not blame
John McEvoy or David Roland for feeling the way thay
they do, or for taking the action to remove or
pursue terrorists. After reading James Hughes's

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Page 204
distancing yourself from James Cassedy's statements
on your behalf; correct?

A No, I didn't.

Q.> Why not?

A. They -- you have to know the kind of
people that | worked with. Once management gets an
idea set in their head, there is no turing them
around, no talking to them at all, because when I
had asked a lady, Mrs. Camp that I wanted to speak
to someone about resolution, she said that it
doesn't sound like they are willing to listen or
hear anything, and I think that was before
Mr, Cassedy wrote up his statement.

Q You testified today that if you were in
Mr. McEvoy's and Mr, Roland's position, and had bee!
presented with James Hughes's statements, you would
have taken the same action that they took, yet you
are alleging religious discrimination not only to
the postings issue, but also related to this issue
regarding the threats and the action that was taken
based on those threats; is it that you really
believe to be religious discrimination component to
the decision to terminate you based on the threats,
or that you don't really understand what the basis

PUAN ERWN A

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Page 203
Affidavit, I would have taken the same action to
secure the building and the employees; is that your
view that a manager being presented with
Mr. Hughes's statement, would have in your view,
reasonably taken the actions that John McEvoy and
David Roland took in this case?

A 1 would have done the same thing, but I
would have gave the person a chance to make an oral
statement, and they didn't let me do it.

Q > Let me ask you about that, you had
mentioned before that Mr. Cassedy -- Mr. Cassedy
stated an entire oversight to your views; is that
correct?

A Correct.

Q_ He submitted that letter in October of
2004; correct?

A Correct.

Q > Which was before Mr. Roland sent you with
his final decision letter in November of 2004;
correct?

A Correct.

Q And you didn't make any further statement
to Mr. Roland to the National Archives before
Mr. Roland issued his November 2004 statement

AUAUAWN

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Page 205 |
was, and you are looking for a reason?

A lam trying to --

Q Let me -- I will ask you to answer that in
asecond. You stated in one of your EEO statements
from November 18th, 2004; the entire staff was
confused as to why I have been terminated. The onl,
clue is my religion of Islam; so what I am asking
you, you are trying to search for a reason, and so
that is why you are picking the religious
discrimination basis?

A. Yeah, I am trying to search for a reason
why, after 17 years, they wouldn't allow me to make
an oral statement, and I think J believe that its
the religious component involved in the case, is the
outstanding feature of why they are so adamant about
not letting me make a statement or explain anything,
I think that is based upon religion.

Q  Soas to the threat and the termination
based on the threat, you are saying that the only
reason why you are attributing religious
discrimination to that decision is that you were not
allowed to make an ora! statement regarding what
happened, to explain the circumstances?

_A_ That, and -- this case had gotten kind of

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1 him in the corner and told him not to have any -- I 1 A. Prior to the time of his deposition would
2. remember somebody saying that he was not to have an| 2 have been September 2004, when I called him to ask
3 contact with A frican-Americans or minorities. 3. him about, did he hear John McEvoy calling the
4 Q_ Who said that? 4 employees creatures with privileges.
5 A (No response.) 3 Q Do you remember when you made that call?
6 Q A coworker? 6 A. The very end of September 2004, the very
7 A Uh-acoworker. 7 end.
8 Q And this was around the same time that Kim 8 Q_ Late September?
9 Parker had made an allegation, about the same time? | 9 A Yeah, late September 2004.
10 A Um-hum. 10 Q You called him on his phone?
11 Q_ What is you basis for believing that the 11 A Yes.
12 two are connected, your speculation or — 12 Q. Did you actually speak to him?
13 A Yeah, my speculation. 13, A Yes.
14 Q You didn't hear from management or anybody | 14 Q And 1 will talk to you about that ina
150 - 15 second.
16 A No. 16 Have you had any other contact with
17 Q. - that there was a relationship? 17 Mr. Hammond since September 22nd, 2004 at 11:00 iq
18 A No. [remember when David Roland first 18 the afternoon?
19 came, we talked and | just said that) can’t work 9 A No.
20. under this guy or with this guy, and he told me not | 20  Q Apart from the day of his deposition?
21 to worry about him because he is going to be out of 21 A Apart from the deposition.
22. the picture for good. So he — I, kind of, picked 22 Q None at all; none in writing?
23 up on some of the different things that people would =} 23 A Ub-uh.
24° say. 24 Q > None in person; none by telephone?
Page 227 Page 229
1 Q Now, was John McGee previously your first 1 A Ub-uh.
2 line supervisor? 2 Q Okay, In late September 2004, tell me
3 A Yes. 3. what your conversation was with Mr. Hammond?
4 Q > He was in a position that Elizabeth 4 A [had asked him, did he hear, was he
5 Washington was in -- 5 present at the meeting when John McEvoy calied the
6 A Correct. 6 staff nothing but creatures with privileges. Ah --
7 Q  - with regard to you at a later time? 7 1 don't recall whether he said he was or wasn't, but
8 A Correct. 8 I, kind of, picked up that he was kind of scared to
9 Q Do you have issues with John McGee? 9 say anything, because I had mentioned it to Shawn
10 A None. 10 Walker at EEOC, and he said that he would send an
i Q You liked him? 11 investigator out if one person would come forward.
12. A Very much. 12 Everyone was too scared.
13 Q Good supervisor? 13 Q_ And I will come back to that.
14 A Yes. 14 Did you discuss anything else with
15 Q > Have you had any issues with Elizabeth 15 Mr. Hammond in that call; did you discuss in any wa
16 Washington? 16 the events of September 22nd, 2004, the issues with
17 A None. 17 your postings, anything?
18 Q Good supervisor? 18 A No, it was just about the incident where
19 A Good supervisor. 19 he called people creatures, and that was it. We
20 Q Can you tell me every contact that you 20 were on the phone for about five minutes before
21 have had, by phone, in writing, im any way with 21 something happened and we got disconnected and we
22 Warren Skip Hammond since September 22nd, 2004 aj 22 didn't resume.
23 11:00 in the moming, apart from when you saw him at| 23 Q Sohe didn't say, gosh, I'm worried about
24 his deposition in this case? 24 what happened on September 22nd; I've heard things

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1 Q 2005? 1 Marshalls.

2 A 2005. 2 Q 1am going to tum a little bit to issues

3 Q Do you remember when you started? 3. regarding your medical history; you've stated, I

4 A No, but Il remember finishing up at the -- 4 believe, that your seeking to recover medical

5 after the 4th of July, so about five or six months 5 expenses in this case; is that correct?

6 back, up to July. 6 A Correct.

7 Q Have you worked there since? 7 Q And could you explain why, in this case

8 A No. 8 involving your termination from the National

9 Q_> And you didn't work there before that? 9 Archives for the reasons that are known to you, you
10 A No. 10 believe that you are entitled to recover medical
i Have you had any other compensated work} 11 expenses?
12 since leaving the National Archives in September | 12 A Atthe time of my termination, | was under
13 2004, apart from Snelling Personal Services and | 13  adoctor's care for rheumatoid arthritis, and 1 was
14 Kun-Crest Services? 14 placed on medication for the rest of my life, and as}
15 A Yes. 15 the result of my termination, ] Jost my health
16 Q ‘Can you tell me about those? 16 insurance and had to pay for the medication out of]
7 A | worked for a couple of weeks ata place | 17 pocket.

18 called Interstate -- Interstate Brand, itisa 18 Q Have you had any health insurance at all,
19 Wonder Bread Bakery, but I think the official name 19 any medical coverage at all since leaving the
20 of the company was Interstate Brand, 1 believe it |20 National Archives?
21° was. 21 A No.
22 Q> What is the address that you worked at? 22 Q When you visited doctors, what has the .
23 A. Itis up on Bluegrass Road. I got itat 23 payment arrangement been with the doctors you've
24 home. 24 seen?
Page 243 Page 245

1 Q > What city or town? 1 A. It's only $30 for office visits.

2 A. Northeast Philadelphia. 2 Q_ This is your same physician that you've

3 Q > And you said that you worked there for 3 seen before you were terminated?

4 three weeks? 4 A Yes.

5 A Yeah. 5 Q And he accepts the $30 payment?

6 Q What did you do there? 6 A Um-bum.

7 A Worked in the bakery, packing -- packing 7 Q Who is that doctor?

8 bread. That was my title, bread packer. 8 A Dr. Joel Jaffe.

9  Q What year was that? 9 Q J-A-F-F-E?

10 A 2005; my last day was the first week in 10 A Correct.

11 January 2008, so it would have to be just before -- 11 Q And where is he located?

12 from November 2004 till January 2005. 12 A 711 North Fairmount Avenue, Philadelphi:
13 Q > And you haven't work there since? 13° PA. |
14 A No. 14 Q > What kind of doctor is Dr. Jaffe?

15 Q Have you had any other compensated work 15 A D.O. at the end of his name.

16 other than Interstate Brand, Wonder Bread, Kun-Cresq 16 Q When did you first see Dr. Jaffe?

17 Service and Snelling Personal Services since 17 A December of '99.

18 September 2004? 18 Q Do you see Dr. Jaffe for general medical
19 A No, that is it. 19 treatment, or for specialized treatment?

20 Q Have you submitted any applications for 20 A General.”

21 employment apart for anything that you submitted to | 2! Q_ He is your general practitioner?

22. those employers and those that you identified in 22 A General practitioner.

23 your Interrogatory responses? 23 Q How infrequently do you see Dr. Jaffe?

24 A No, the last one was with the U.S. 24 A Once a month.

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1 Q You don't know? 1 A Two males, one female.
2 A No. 2 Q > Were they all from the same agency?
3 Q_ So you are not absolutely sure it was the 3 A 1am supposing they were.
4 FBI, it could have been Department of Homeland 4 Q Do you remember one being from the
5 Security? 5 Philadelphia Police Department?
6 A It could have been anybody. 6 A_ No, they all looked alike.
7 Q Okay. When did that investigative team, 7 Q > Okay. What did they ask you?
8 or investigators come to your house? 8 A Um-
9 A September 23rd, about 10 a.m. in the 9 Q > Was there one person that conducted the
10 morning. 10 . questioning, ot did they ask you questions?
Wy Q Were you ever interviewed regarding the il A Mostly one guy, and every now and then,
12 September 22nd, 2004 incident at the Federal Record 12 someone --
13. Center? 13 Q Do you remember the name, Drew Pepe?
14 A While 1 was at the Records Center, no. 14 A Yes, he was the main questioner.
15 Q__ Was the only time and place that you were [15 Q. Okay, and I can tell you that they were
16 ever interviewed was September 23rd, 2004, at your | 16 investigators with the Federal Protective Services,
17 home? 17. which is the Department of Homeland Security.
18 A Correct. 18 A Oh.
19 Q And no investigators ever interviewed you 19 Q So he was the main questioner?
20 anywhere else? 20 =A Correct.
21 A No. 21 Q And what did he ask you about?
22 Regarding that incident? 22 A Hewas trying to ascertain my identity.
23 A No. 23 He said that someone escaped from prison in Chicago]
24 Q How many persons came to your home on 24 and they were trying to find that person; that is
Page 195 Page 197
1 September 23rd, 2004? 1 how the questioning started off.
2 A Total of three. 2 Q  Did they say that they were trying to
3 Q Did they identify themselves? 3 figure out if you were Darryl Murray that had been
4 A. Yes, they said where they were from, and| 4 involved in some activities in Chicago?
5 their first names. 5 A Yes.
6 Q And you are reaching into your bag, what} 6 Q. And did you explain that you are not that
7 are you looking for? 7 person?
8 A A piece of paper they left with me with 8g A Yes.
9 their names and numbers on it. 9 Q And then did the questions proceed to
10 (Whereupon, a brief recess was 10 focus on National Archives employment and what haq
VW taken.) 11 happened the day before?
12 BY MR. SULLIVAN: 12 A Just what was going on with problems at
13 Q Are you looking for one of your own 13 work, | think that is the way he put it.
14 statements, or something they left with you? 14 Q Okay, and then what did you discuss; what
15 A A piece of paper that they left. A piece 15. did he ask?
16 of legal paper. 16 A I started telling him about -- that I was
17 Q Well, have you produced it tome yetin | 17 on administrative leave, and expected to retum back
18 this case? 18. to work, I think, in a week or two, and that is just
19 A No. 19 about the gist of that conversation, as far as --
20 Q Would you do so before the discovery 20 Q And they talked about the basis for that
21 period ends? 21 and the postings, and the -- why you were on
22 A . Sure. . . 22 administrative leave?
23 Q You said there were three individuals, hoy 23 A No, they showed me -- ah -- the one about
24 many male, how many females? 24 -- they showed me a posting about my desk top,

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1 Q So how long had that been on your desk, at} 1 discussing when the movie is coming out, and we said
2 your station? 2. the beast is coming.
3 A A couple of days, I guess. 3 Q In your view, did any of the posting:
4 Q Was that directed at anybody? 4 were there any other postings that you had in August
5 A. Whoever scratched my car, but J don't know 5 of 2004 apart from what you see depicted in these
6 who. 6 pages, Murray-12; do you have any other postings
7 Q_ And what was your purpose in putting that | 7 apart from the Preditor picture?
8 comment up? 8 A No.
9 A. To Jet whoever was scratching my car -- 9 Q inyour view, did any of these postings
10 they wouldn't know, but I couldn't put aname on | 10 have religious content?
1} anything. a A. J don't see it, you know, to say that the
12 Q What did you mean, revenge is a dish best | 12 movie might have been dealing with religious
13 served cold? 13 figures, but --
14 A If] find out, you know, who seratched my | 14 Q_> Which movie?
15 car, ] am going to scratch their car back. 41S A. Fahrenheit 9/11, discussing Muslim
16 Q Anything else that you would do? 16 involvement.
17 A No, I am not going to shoot anybody over aj 17 Q Why, in your view, if it had some content
18 scratch on a car; 1 am not going to give my freedom 18 or had some discussion with religious figures, was
19 up for that. 19 itnota violation of your agreement from 1996?
20 Q There is a paper next to that one, on the 20 A. Well, it didn’t defame, or ridicule, or
21 left of that one, do you remember what that states, | 21 slur anybody's religion, I think that's what they
22 and what the purpose of it is? 22 were concemed about, they didn’t want me -- even
23 A. Yeah, that is the beast is coming, oh, the 23 though J didn't do it back then, but I assumed that
24 beast is coming after you. 24 is what they were talking about. Their thing said
Page 87 Page 89
1 Q Between the beast is coming after you and) 1 racial, seligious or politically offensive material.
2 revenge is a dish best served cold, there is anothey 2 Q > Mr. Murray, if I could just direct you
3 sheet, do you know what that was? 3 back to Murray-4, which is the agreement that you
4 A. That is something work related. 4 reached in 1996; we went through Paragraph C on Pagd
5 Q_ Now, the beast is coming after you; did 5 1 before, again, it says, "Mr. Murray agrees that he
6 you write that? 6 will not post or distribute any materials in the
7 A Yes. 7 workplace including any work spaces which may belong
8 Q Did you post that there? 8 to, or are shared with other organizations. Mr.
9 A Yes. 9 Murray understands that this means that he may not
10 Q And what was the intent of that? 10 distribute any materials in the workplace even
ih A That was when I first seen the movie 11 during lunch periods, breaks, or before and after
12. trailer about The Predator, the movie coming out.] 12 working hours." That refers to any material, why
13 Q When did that movie come out; do you 13. isn't it your understanding that the agreement was
14 remember? 14 so limited?
15 A August 2006. 15 A 1 was limited to offensive speech
16 Q Did you have a picture of -- from that 16 involving race, religion or politics, 1 think that's
17 movie posted at your desk as well? 17 pretty much what they are stating.
18 A Yes. 18 Q_ Is there any document that you have, or
19 Q And why did you put the comment, “The | 19 that you've seen that says that the agreement was so
20 beast is coming after you" on your desk? 20 limited just to what you mentioned, offensive items?
21 A That is just referring to the movie. 21 A If it was meant beyond that, they didn't
22 Q Did you, in any way, intend for that to be'| 22 _ state it.
23 directed at the clique, or anybody, coworkers -- 23 Q Ifyou look back at Murray-1, there is a
24 A Oh,no. Me and my friend was just 24 memo dated March 23rd, 1995, first paragraph states,

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1 A It would have to have been sometime ! Q > And when did you first hear that message?
2 between the September 16th, 2004, and 2 A On September 22nd, about 11:00 a.m.
3 September 22nd, somewhere in between then. 3 Q Okay. I want to jump backwards a little
4 Q Was it before the 22nd? 4. bit and talk about how your day began on September
5 A. [believe it was. 5 22nd, 2004, and to sort of set that up, T want to go.
6 Q Mr. Murray, } am going to mark as 6 through a few letters and statements with you; the
7 Murray-20, a document that I believe you attached tq 7 _ first will be a letter that David Roland sent to you
8 your Affidavit in this case, the EEO level, and if 8 on November 9th, 2004; I will mark it as Murtay-21.
9 you could take a look at it. 9 (Whereupon, a document was
10 A. (Witness complies.) 10 marked for identification as
i (Whereupon, a document was il Exhibit Murray-21.)
12 marked for identification as 12. BY MR. SULLIVAN:
13 Exhibit Murray-20.) 13 Q Mr. Murray, this is a letter that
14 THE WITNESS: I recognize it. 14. Mr. Roland sent to you, again, on November 9th,
15 BY MR. SULLIVAN: 1§ 2004, and if you couid tum to Page 5, Mr. Roland
16 Q Is itareference to a customer -- itisa 16 states, “On September 22nd you left a message for
17 Sprint PCS cell phone call log; is that correct? 17 John McEvoy at 9:58 a.m. as instructed for remaining
18 A Correct. 18 ina paid administrative leave status.” Again, you q
19 Q. And there is a reference to a customer, 19 testified you understood that you were to call
20 Mrs. Brenda J. Murray, is that your mother? 20 Mr. McEvoy each Wednesday, around 10:00 while you
2) A Yes. 21 were on administrative leave; correct?
22 Q And this is the cell phone that you use? 22 A Correct. .
23 A Yes. 23 Q And Mr. Roland stated that during that
24 Q Do you see Mr. Hammond's number; do you | 24 call you stated, quote, "Hey Johnny, it's ah, this
Page 155 Page 157
1 know what Mr, Hammond's number was? 1 is, ah, Darryl Murray calling, ah, the paper said to
2 A No. 2 call you every Wednesday at 30:00, ah, I'm having
3 Q Is this your handwriting on the document? 3. some problems with my passport, trying to get a
4 A Yes. 4 flight back, but you can call me, ah, on
5 Q Did you annotate here, anywhere which call | 5 215-681-8924. There might be a little disturbance
6 was from Mr. Hammond? 6 on the plane, but I still should be able to still
7 A No. 7 getasignal. Talk to you later Mr. McEvoy.”
8 Q And you can't tell from looking at this 8 Mr. Roland proceeded to say, quote, ,
9 which one is from him? 9 "During the call to Ms. Washington at 10:38 a.m. you!
10 A No, 1-- what | was going by was, when I 10 specifically alluded to leaving Mr. McEvoy a
31 checked the E-mail, it comes up on here as incoming] 11 message and stated that you had taken ‘a little
12 J believe, but I know when I answer it -- when I 12. flight overseas,’ but were experiencing some
13 listen to it, it tells you that they -- I think that 13 ‘passport problems,’ and that you ‘should be back in
14. the call comes in — 14 town by Friday’ (presumably the 24th) once you got
15 Q Okay, let me ask you this, does this log, 15. your passport issues resolved.” And I will have
16 reflect, anywhere, a cal] that you made to 16 your comment on this in just a second, but you
17. Mr. Hammond? 17 received this letter from Mr. Roland; correct?
18 A No. 18 A Correct.
19 Q It doesn't? 19 Q 1am going to tum, now, to your Affidavit
20 A No. 20 at Page 14, your EEO Affidavit, and 1 will show you
2h Q > What did Mr. Hammond say in his message?) 21 _ in a minute, this is Murray-17, I believe, and,
22 A Give him a call. Just calling to see how 22 again, this is your Affidavit, Mr. Murray, from the
23 you are doing; don't know what's going on; take 23 EEO proceeding?
24 care; give me a call. 24 A Correct.

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1 19627 1 Nation of Islam?
2 A Yes. 2 A Some.
3 Q > And you were married on June 21st, 19827] 3 Q Do you consider yourself Islamic?
4 A Yes. 4 A Yes.
5 Q  1n Philadelphia? 5 Q When did you begin work for the National
6 A Yes. 6 Archives and Records Administration?
7 Q_ And you say that you are in the process of | 7 A | believe the summer of 1987.
8 divorce, have the divorce papers been filed? 8 Q > Were you full or part-time, temporary oF
9 A Not yet. 9 permanent?
10 Q Have you had any children with anybody | 10 A Part-time temp.
11 other than Miss Cross? i Q And was the facility you were working at,
12 A No. 12 the Records Center?
13 Q_ Does she go by Cross as the last name now 13 A. Yes, it was.
14 A Yes. 14 Q And where was that located at?
15 Q You haven't had any children with anybody 15 A 5000 Wissahickon Avenue.
16 other than her? 16 Q > When did you become full-time?
17 A No. 17 A. Around '97, 1997.
18 Q > How many children have you had with her9 18 Q So between 1987 and 1997 you were
9 A One. “119 part-time?
20 Q. Okay, and is that a daughter? 20 A Correct.
21 A. That is a daughter. 21 Q What position did you begin working at the
22 Q. And she was born in 19817 22 National Archives?
23 A ‘81. 23 A As the archives aid.
24 Q Where is she living, currently? 24 Q How long did you hold that position?
Page 11 Page 13
1 A With me. 1 A 17 years.
2 Q_ Does she work? 2 Q What grade level was that?
3 A Yes. 3 A GS-2. GS-2.
4 Q What does she do? 4 Q And you, at some point, become a GS-37
5 A Some kind of State Department -- not Staty 5 A Onconversion to being a perm.
6 Department, a State job, for the State. 6 Q_> When was that, in 1997?
7 Q Do you know what the job is? 7 A Yes.
8 A No. 8 Q What was the position that you became that
9 Q > What is her age, currently? 9 was a GS-3 level?
10 A 24. 10 A. State --
11 Q_ Do you adhere to any religion, currently? | 11 Q. Archives technician?
12 A Nota practicing, but I believe in the 12 A No, archives aid.
13. Islamic, but I am not a practicing; I don't attend | 13 Q How long did you keep the position of
14 any services anywhere. 14 archives aid?
15 Q_ How long have you held the Islamic 15 A From 1997 till November of 2004,
16 beliefs? 16 Q So until you left employment at the
17 A Over 20 years. 17 National Archives, you had that position?
18 Q You don't attend a Mosque, or any type of] 18 A Correct.
19 formal religious group? 19 Q_ After '97, or beginning in ‘97?
20 A No. 20 A Correct, Yes.
21 Q_ Are you a believer in any variation of 2) Q Did you, at some point, move from the
22 Islam? 22. Wissahickon facility to another facility?
23 A No. 23 A Yes, we relocated to 14,700 Townsend Road
24 Q Do you subscribe to the Views of the 24 in Northeast Philadelphia.

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1 them there, in any way, to try to get management to 1 CERTIFICATE

2 respond? 2

3 A No. 3 1, RENEE HELMAR, a Shorthand Reporter, and

4 Q. Mr. Murray, I want to turn next to what 4 Notary Public, certify that the foregoing is a true and

5 happened when these September postings were 5 accurate transcript of the proceedings of DARRYL

6 discovered, and I don't know if you want to make thd 6 MURRAY, who was first sworn by me at the time, placq

7 call that we referred to earlier. 7 and on the date herein before set forth.

8 A Yes. 8 1 further certify that | am neither attorney,

9 (Whereupon, a brief recess was 9 nor counsel for, nor related to or employed by, any of
10 taken.) 10 the parties to the action in which this deposition was
1 MR. SULLIVAN: Just for the record, it is 11 taken, and further that | am not a relative or employee
12 about 2:20 in the afternoon, and Mr. Murray has | 12 of any attomey or counse! employed in this action, nor
13 told us that he has got an emergency at home 13 am I financially interested in this case.

14 and that he needs to get to. 14
15 1 still need to cover issues regarding 15
16 September 2004 and some follow-up material as | 16

17 well; so we will do that when we resume, and 7
18 let's talk today and tomorrow when you get back | 18 Renee Helmar
19 to me about when we could reschedule; okay? 19
20 THE WITNESS: Okay. Sorry. 20
21 MR. SULLIVAN: I understand. I have about} 21
22 an hour-and-a-half left. 22 Shorthand Reporter
23 A. Okay, no problem. 23
24 (Whereupon, the deposition 24

Page 131
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1 come up with another date. 1 Q_ And did you put those pictures up, the
2 (Whereupon, a document was 2 movie and Mr. Farrakhan, the posting?
3 marked for identification as 3 A Yes.
4 Exhibit Murray-12.) 4 Q Okay, when did you post these comments and
5 BY MR. SULLIVAN: 5 these photographs?
6 Q > Mr. Murray, | want to tum now to August 6 A I think shortly after the movie came out,
7 of 2004, and I am going to start by showing you what 7 my coworkers and I was discussing it at my desk at
8 Ihave had marked as Murray-12, it is a series of 8 lunch one day, and at that time, I hadn't yet seen
9 colored photographs, and if you could just page 9 the movie, so it had to be after the movie came out.
10 through them quickly, there are seven pages of 10 Q The movie being, Fahrenheit 9/117
J] photographs. ll A Correct.
12 Are these photographs of your 12 Q _Did you post these before August 2004?
13 work station in August of 2004? 13 A (No response.)
14 A Yes. 14 Q Let me ask it to you this way, how long
15 Q Onor before August 17th, 2004, before you | 15 had they been up by the time that you were asked to
16 were asked to remove postings? 16 remove them?
17 A Yes. 7 A_ Two weeks.
18 Q And are these photographs of anything that | 18 Q Not a month?
19 you had posted at your work station at the National | 19 A I don't thing so. Couple of weeks.
20 Archives on Townsend Road? 20 Couple of weeks.
21 A Yes. 21 Q > Why did you post these particular sayings?
22 QI would like to start with the first page 22 A Well, after I did see Fahrenheit 9/11, 1]
23 and /J am going read that together with the second 23 had got the impression that the movie was trying to
24 page, because some of the statements begin on the | 24 say that he didn’t do it, and I was just discussing
Page 75 Page 77
1 second page and carry over to the first page. AmI 1 that amongst my coworkers.
2 correct that at the top, on the left side, it says, 2 Q_ So these were aimed at your coworkers,
3. "Osama did not do it, or didn't do it"? 3 these comments?
4 A Yes. 4 A Yes.
5 Q > And under that is a picture from the 5 Q What does Allahu-Akbar mean?
6 Michael Moore film, Fahrenheit 9/11? 6 A God is great.
7 A Yes. 7 Q. And why did you post that statement there?
8 Q_ And below that is the statement, Allahu 8 A Because I thought that Michael Moore was
9 Akbar, A-L-L-A-H-U A-K-B-A-R? 9 showing that Osama bin Laden was just a scapegoat.
10 A Yes. 10 Q Did you subscribe to that belief at the
i Q And on the right side, at the top in red 1] time that you made these postings?
12 is, "Who are the real terrorist", singular, question 12 A Yes.
13 mark; correct? 13 Q_ And did you subscribe to the belief that
14 A Correct. 14 Osama bin Laden was an innocent man as stated on th
1s Q And below that, "Guidance in a time of 15 postings?
16 trouble to America and the world” a picture of Louis} 16 A That's what the movie was trying to say.
17 Farrakhan, and his name below that; is that correct? | 17 Q  Atthe time that you posted these
18 A. That's correct. 18 comments, did you believe that they were allowed
19 Q And below that, "Osama totally exonerated 19 under the agreement that you had reached with
20 an innocent man"? 20 management in 19967
21 A Correct. 21 A I didn't see anything threatening or
22 Q Did you write the handwritten statements 22 offensive -- that they, basically, don't bring
23 here? 23 anything in here that's threatening or racial or
24 A Yes. 24 religious, what do they call it, overtones or

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Q Well, you read that you are not to make
any disparaging remarks in any way, or make any
postings or letters or disparaging remarks?

A Correct,

Q And it said, if you fail to follow this
order you will be charged with insubordination,
which will form the basis for removal from the
Federal Service?

A Correct.

Q And you understood that that was the
position of the agency on August 17th, 2004?

A Correct.

Q Did you ask Ms. Washington, or anybody in

management any questions after you received this and)

what the intention was, or what the meaning of this
was?

A No.

Q_ You thought that it was pretty obvious?

A I thought it was a harassment, but you
don't have any clout, you have no choice but to.
comply.

Q You knew what they were saying?

A. knew that Mitchell Buffone had
complained, because when he saw the inferiority

BS eas nanan

B

13
4
15
16

18
19
20
21
22
23
24

Page 100
Q Basically, on what?
A Nothing up there really was directed
toward anybody else; | get along with everybody else
at work, and since me and my friends were discussing
Fahrenheit 9/11, and I never had any problems with
John McGee or Beneson who walked past my desk, so ]t
had to be anybody but him.
Q Mr. Murray, I am going to have marked
Murray-16, a memo from you to Mr. Shawn Walker in
the EEO proceeding dated October 6th, 2004.
(Whereupon, a document was
marked for identification as
Exhibit Murray-16.)

BY MR. SULLIVAN:

Q Is this the statement that you made in the
EEO proceeding?

A Yes.

Q Is this your handwriting?

A Yes.

Q You state on Page 1, and the way this is,
the same page is copied twice because the top
appears on the first page, and the bottom appears on
the second page, so, it is a little hard to read at
first, At the bottom of the first page which is the

Bower dswsune

DPNYPNYRe em eee oot
RPRRPPSsSsaeravaaun-

Page 99
complex, which he is known to have, that -- nobody

said anything, specifically, 1 just took everything
down: it might have been only one thing. It might
not have even been that, it might have been
something else, | don't know, ‘but just to make

things go smoothly at work, I took everything downy

Q_ Was it unclear to you, in any way, what
management was saying to you in this letter?
A My interpretation and understanding of the

letter was, something up there was offensive, it was

causing someone mental stress, and I, kind of,
recognized that it was probably Mitchell Buffone
recognizing the comments about him, and that is,
basically, what } thought it was.

Q. Okay, but you understood that in the
future, you weren't to display any of these sorts. of
materials again, or you would be in trouble with
management?

A lunderstood not to display anything that
was offensive.

Q Now, did you have the belief that this
letter arose from a complaint that Mr. Buffone, or
somebody had made to management?

A That was my perception.

eI AMA Ne

10
i
12
13
14
15
16
\7
18
19
20
21

23
24

Page 101
first full paragraph, it says, "For over a year now,
Mr. Hong Diep has been referencing ~ I mean,
playing practical jokes on me for some unknown
reason. Mr. Hong is responsible for some personal
items of mine, such as: tooth brush, hairbrush,
deodorant, et cetera. I have never caught him in
the act, but all evidence points to Mr. Diep.

Knowing full well that Mr. Diep is
handicapped and functionally illiterate, 1 decided
to retaliate by: posting such statements on my desk
as; two legged cockroach, two legged rat, revenge is
a dish best served cold. These statements were
intended to embarrass Mr. Diep."

‘You just mentioned that you believed
that Mr. Buffone, I believe, was the source of a
complaint that led to the August 17th, 2004 letter;
have you, from time to time, believed that Mr. Diep
was the source?

A Hewas primarily stealing boxes, and then
1, kind of, wondered if he would do that, but Iknow
that he was taking, for a fact, boxes and supplies,
because they were showing up on top of his desk an
under his desk, and --

Q Mr. Diep is deaf and mute; is that

26 (Pages 98 to 101)

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Page 82 Page 84
1 A No. 1 of? It looks like it is a blue and red picture.
2 Q So itis your view that you didn't violate | 2 A He is a deceased member of the Nation of
3. any understanding that you had, or any agreement 3. Islam.
4 that you had reached in 1996 because none of the} 4 Q. Okay, and what was your purpose in puttin
5 postings that you made in August of 2006 had any 5 that picture up?
6 religious content? 6 A Just when I came across it on the
7 A Correct. 7 Internet, | wanted to read more about what it was,
8 Q And they didn’t have any racial content? 8 and I just took the first page, some of these
9 A Correct. 9 articles are 50, 60 pages long, and I don't have
10 Q_ Ifyou could tum to Page 4; is this an 10 time to print everything out.
11 article that says, "The Government's War on Black 11 Q And the handwriting on the right of that
12 Family"; did you post it on your workstation in | 12 picture in red, states what?
13 August of 2004? 13 A. That is Allahu-Akbar, again, God is good;
14 A Yes. 14 God is great.
15 Q What was your purpose in posting this? [15 Q_ Why did you put that there?
16 A Didn't get a chance to go over the whole | 16 A That - you know how people put, God is
17 thing, and I put it up -- ] was researching the 17 love, or God is good or great, just Christians
18 possible origin of dysfunctional families, 18 putting it around their desk, that is a saying, you
19 especially in America, surfing the net, and this hall19 know, that God is good; God is great; no special
20 came up, and I didn't have time to print the whole] 20 significance.
21 thing out, so ] was going to get back to it. 21 Q Below the picture it says, "Federal Record
22 And I wanted to go back to when I had | 22 Center is not an equal opportunity employer"; did
23 said 1 had posted the stuff, different -- different | 23 you write that?
24 -- these postings were done over a period of time, 24 A Yes.
Page 83 Page 85
1 they didn't always go up -- I didn't sit down and go 1 Q > Why did you write that?
2 1,2,3,4. Every day, whenever ] came across 2 A One day ] observed Mr. Buffone and Dwayn
3 something, and it was on my desk -- and J think -- 3 Wilkerson sitting at the computer all day, just
4. because stuff was kept -- disappearing off my desk, 4 looking at clothes and sneakers, and I busted my
5 1 felt maybe if I tape it up, it won't disappear. 1 5 tail, and these guys are sitting there looking at
6 didn't just put it -- they don't go together is what 6 sneakers. So that is the only thing that it refers
7 1am trying to say. 7 to.
8 Q > Were they all there by August 17th, 2004 8 Q You consider them to be lazy?
9 when you were asked to take them down? 9 A. For them to be lazy?
10 A Yes. 10 Q Is that what you are saying?
li Q_ So they went up piecemeal, but -- i A Yes.
12 A Right. 12 Q What does whether the Record Center is an
43 Q  - they were all there at the time that 13 equal opportunity employer have to do with that?
14 you took them down? 14 A Oh, some peopie don't have to work, they
15 A’ Right. Correct. 15 don't have to work, the work is not equal. I am
16 Q. Was the article, The Government's War on 16 killing myself, and these guys are looking at
17 Black Family directed at any coworkers, management 17 sneakers on the Internet.
18 anybody? 18 Q_ Below that comment, there is a white
19 A No, it had nothing to do with them. 19 sheet, it appears to say, "Revenge is a dish best
20 Q You can tum to the next page, and ] am 20 served cold"; did you write that?
21 going to read that page, which is 5, 6 and 7 2) A Yes.
22 together, because some of the items overlap from 22 Q_ And why did you write that?
23. page to page; there is a picture there, and J can't 23 A | wrote that after I found my car
24 make it out, can you tell me what that picture is 24 scratched.

22 (Pages 82 to 85)

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Page 133
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DARRYL MURRAY, : Civil Action
: NO. 05-4557
Plaintiff,
vs

ALLEN WEINSTEIN, Archivist
of the United States,
National Archives and
Records Administration,

Defendant (s) -
Tuesday, November 28, 2006
Philadelphia, Pennsylvania
VOLUME II
Oral deposition of DARRYL MURRAY,
taken pursuant to Notice, at the Office of the United
States Attorney, 615 Chestnut Street, Suite 1250
Philadelphia, Pennsylvania, commencing at approximately
11:00 a.m., on the above date, before Renee Helmar,
Shorthand Reporter and Notary Public.

CLASS ACT COURT REPORTING AGENCY

1420 Walnut Street 133 Gaither Drive
Suite 1212 Suite H
philadelphia, PA 19103 Mt. Laurel, NJ 08054

39c7ea2a-0a03-47a0-ab80-2ad9bc1a0d21


DARRYL MURRAY

Page 62 Page 64
1 A. Treally don't know. 1 A [suspected Mr. Buffone and Dwayne
2 Q. Was it after August of 2003? 2 Wilkerson.
3 A Yes. 3 Q Did you ever see them do that?
4 Q_ Did the theft of your tooth brush, soap 4 A No.
5 happen around the same time? 5 Q_ Did you ever confront them, or did you
6 A. Yeah, over a period of about six months 6 ever have anything that verified that for you?
7 this stuff happened. 7 A No, J just know their personalities, and I
8  Q Beginning, when? 8 know that what they were capable of doing. Anythin
9 A Say, six months prior to the three-day 9 childish, you can bet money on it, it would be them.
10 suspension that J got, so count back. 10 Q So the trash that was on your desk, you
11 Q_ So, six months prior to -- 11 think, late 2003, early 2004, or did it continue
32 A August the 3rd. 12 into 20047
13 Q_ So, around March 2004, do you think? 13 A. I think it continued.
14 A Yes. 14 Q When was the last time Buffone put trash
15 Q_ In your November 18th, 2004 EEO statement, | 15 on your desk in a way that you think was
16 Page 8, you state, Mr. Buffone complained to Mr. | 16 intentional?
17 Dave Roland that he feared for his life around me. 17 A Um - maybe ~~ maybe three or four months
18 Shortly after this incident, ] began having 18 before August 2003.
19 problems, personal items of mine started 19 Q Okay. In your EEO Affidavit, and I will
20 disappearing, somebody started dumping trash on top | 20 pull it out at some point -- when J am making a
21 of my desk every other day, and over the weekend 21 reference to one of these documents and you want to
22 when the clique was working on Saturday, and [just | 22 actually take a look at it, just let me know, if
23 laughed. Is this comment and complaint that Mr. 23. anything that I am saying you think isn't consistent
24 Buffone made to Mr. Roland something different fron] 24 with what you recall, but just to move things along,
Page 63 Page 65
| what you had already talked about? 1 Iwill refer to it this way. In your EEOC Affidavit
2 A. No, this would be when | wrote him the 2 on Pages 2 and 3, you state that in the weeks before
3. letter dissolving our friendship, he gave it to, 1 3 August 17th, 2004, you had quote, “Posted things
4 think, the regional administrator first, and then 4 while things were going on. The first thing 1
5 she gave it to Roland, but there wasn't any threats 5 thought was a problem, that somebody had put pasta
6 made, but I guess she assumed that } was threatening} 6 on my new white car, that happened quite awhile ago,
7 him, but there wasn't any threats for him to do 7 There was, subsequently, an incident where somebod:
8 that. ] assume that he must have thought that Jwas | 8 took a key and put a big scratch on my new car. I
9 going to hurt him or something. 9 thought, at the time, that was just practical jokers
10 Q_ That was back in 2003? 10 just trying to provoke me to violence or
1 A Yes. Yes. 11 misconduct.” When you referred to the pasta issue
2 Q So you are saying shortly after that, you 12 before, your EEO Affidavit seems to suggest that
13. started having items missing, trash undemeath your | 13 this was something that happened right before you
14. desk, is that in 2003 when those items were 14 put up your August 2004 postings; is that right?
15 disappearing, when the trash was on your desk, or | 15 A What happened just before I put the
16 was that in 2004? 16 postings up, or the reason why ! would pull them up,
7 A The trash, I think, was more in 2003, and 17 itreally had come to a head when someone had
18 maybe the end of 2003, beginning of 2004 was whent 18 scratched my car.
19 the items started missing. 19 Q_ So that happened before the pasta, the
20 Q The items missing, are they the ones that 20 scratch?
21° you were referring to before? 21 A The pasta happened before the scratch.
22 A Yes. 22 Q Do you remember when the pasta incident
23 Q The trash, did you suspect anybody of 23 happened?
24 putting the trash on your desk? 24 A  Endof 2002, beginning of 2004.

17 (Pages 62 to 65}

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6935fb57-a4a5-43c0-8b5e-95a64088a52d


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DARRYL MURRAY

Page 30 Page 32

1 Murray, employee, subject: imminent violence in the | 1 represents clear and present threats to their

2 workplace. 1s this your handwriting? 2 authority in power; what did you mean by that, and
3 A Yes, it is. 3 what was that based on?

4 Q The document states, "Recent intelligence 4 A The clique is used to bullying, picking on

5 reports have revealed that the FRC clique, Mitchell 5 people, harassing them, and J was always the

6 Buffone" someone Dawson -- 6 employee who would tell the other employees, you

7 A Reather. 7 don't have to take that; you can't talk to me like

8 Q_ --"Reather Dawson, Hercules Robinson and 8 this or that; they saw me as a -- interfering with

9 Pat Davis have declared war on myself and my 9 them having fun with the lower grade employees.
10 intelligence agents.” Did you write that? 10 Q You said the clique is trying to provoke
0 A Yes. 1] me into committing an act of violence against one of
12 Q_ Italso states, "Today 1 spoke to senior 12. its members; what do you mean by that?
13 members of the clique and encountered extremely 13 A. Whatever the incident was then, Ireally
14 hostile reactions. The clique feels that 1 14 don't clearly remember it right now to speak on it.
15 represent a clear and present threat to their 15 Q You say, they know the violence I am
16 authority and power. They will leave no stone 16 capable of and hope that they can use it against me;
17 unturned in having me removed from Federal service.} 17 what do you mean, the violence that I am capable off
18 Did you write that? 18 A. 1 think ] meant, being raised, raised in
19 «Aes. 19. the streets, | am quite capable of fighting back if
20 Q_Italso says, "The clique is currently 20 [have to.
21 trying to provoke me into committing an act of 2) Q You mentioned a strong recommendation that
22 violence against one of it's members. They know the } 22 the clique be counseled before you decide to take
23 violence that | am capable of, and hope that they 23 retaliatory measures; what retaliatory measures were
24 can use it against me.” Did you write that? 24 you considering?

Page 31 Page 33

1 A Yes. 1 A. Possibly a fist fight.

2 Q You finally write, "] strongly recommend | 2 Q Okay, did anybody in management -- you

3 that the clique be counseled before | decide to taky 3 actually gave this to Mr. Roland you think?

4 retaliatory measures. This situation requires your] 4 A Yes.

5 immediate attention.” Did you write that? 5 Q Did anybody in management ever Tespond to

6 A Yes. 6 this?

7 Q_ Who is this directed to? 7 A No.

8 A \ think I was sending it to -- 1 don't 8 Q Mr. Murray, I am going to have marked as

9 know who the director was then, | think April. 9 Murray-6, a memo dated October 26th, 2001 from Johq
10 Q And you say this clique has declared war 10 McGee to you, the subject of in-house counseling

11 on you and your intelligence agents; what do you| 11 letter.

12 mean by that? 12 (Whereupon, a document was

13 A Mitchell Buffone had, like, declared war 13 marked for identification as

14 onme and my associate friends in the workplace.| 14 Exhibit Murray-6.)

5 Q How did he do that? 15 BY MR. SULLIVAN:

16 A. Just harassment and stirring up trouble, 16 Q Take a look at this document.

17 starting rumors. 7 A lL recognize it.

18 Q Mitchell Buffone is a coworker? 18 Q > Okay, this refers to an incident, ]

19 A Yes. 19 believe and | understand, from 2001 in which some

20 Q  Orhe was? 20 boxes ended up at the Social Security Administration
21 A Was acoworker. 21 with red magic marker writing on them, some

22 Q > What GS level was he at the time? 22 statement that appears to be in Arabic; do you

23 A. Atthe time, he was GS-6. 23 recall that?
24 Q Your statement that the clique clearly 24 A Yes.

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1 misstatement of the title of a book? 1 Q The documents and the statements that you
2 A Correct. 2 had handwritten, do you see how those could be
3 Q Did whatever you wrote, or intended to 3 disparaging to management, the plot thickens, none
4 write on that document relate at all to the letter 4 dare call it conspiracy?
5 that it was written on? 5 A What would they have to do with that?
6 A No. 6 Q Do you see how somebody in management
7 Q. Again, looking at the document image on 7 couldn't see documents that management is written
8 Page 5 of the photographs, you have an arrow pointed] 8 with you writing, none dare call it conspiracy, or
9 from John McEvoy's name up to the reference to 9 the plot thickens; although it could be seen as
10 article entitled, The Government's Assault on the 10 disparaging to management?
11 Black Family; why did you make that arrow? i A As management thinking that I am referring
12 A When Mrs, Washington handed it to me and] 12 to the contents of the letter?
13 was reading it, just going up and down with it just 13 Q Yes.
14 to make sure that 1, you know, read it from 14 A Itseemed like if they thought that, they
15 beginning to end, and then I couldn't understand why | 15 would ask me about it. Nobody ever asked me that.
16 his name was on it, so] just was going to ask him 16 Q Did you consult with anybody in
17 whenever he asked me during the time to go over with 17 management, or any place about whether the postings
18 me in more detail. 18 that you made in September were in violation of the
19 Q Do you understand how somebody reviewing | 19 August 17th, 2004 directive?
20 these, or seeing these documents could view the 20 A No. The papers that were being placed
21 statements that you wrote on the documents as 21 under my supervisor's door were like these, and
22 relating to the documents? 22. Mr. Beneson seen them; didn't make any sense to him|
23 A guess if they didn't know me or didn't 23. ifthe say he didn't want them and ripped them up and
24 ask me, they could assume anything. 24 threw them in the trash. It didn't bother him.
Page 123 Page 125
1 Q Do you see how management could view thesq 1 Q  Onthis part of my questioning, I just had
2 as challenges to management, or an attack on 2 a few more questions, but I know that it is about
3 management? 3 2:10 right now; do you have a few minutes before you
4 A No. 4 need to make a call home?
5 Q Do you recall that the August 17th, 2004 5 A Yes. I will wait because they told me to
6 letter states, that you are to display no materials 6 call back at 2:15.
7 that make disparaging remarks, in any way, at any 7 Q Do you contend that there was any
8 location at the National Archives; correct? 8 religious discrimination against you when you were
9 A Correct. 9 directed to remove the August 2004 postings from
10 Q Do you see how the reference to, two 10 your work station?
11 legged cockroaches could be viewed as disparaging? | 11 A. Probably, because of the word, Allahu. It
12 A. If it was directed at a person that there 12. seems like every time that word is on - written
13 was a name attached to it, other than that it could 13 anywhere, someone sees it, that they get -- seem to
14 be words that were attached on an advertisement or 14 get upset about it. Something about that is
15 something. 15 intimidating to them, J think. I don't understand
16  Q But you said that it referred to Mr. Diep; 16 why, knowing me, | never displayed any violent
17 correct? 17 tendencies or behavior in the workplace, ever. But
18 A Only I knew that. 18 I don't -- so I think that is just an excuse to
19 Q But you did intend it to refer to him? 19 harass me; I think it is just an excuse.
20 A. I did intend it to refer to Mr. Diep. 20 Q is that your speculation that -- when that
2) Q_ So it was disparaging to him? 21 reference is on a posting, that it was a problem for
22 A He would never know that. 22. you, or did someone actually say something to you
23 Q But you know that? 23 that Jed you to that belief?
24 A [knew that. 24 A Just what J surmised from -- it seems like

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1 Mr. Spear? 1 questions; you are certainly welcomed to ask
2 A. Any cash? 2 your sub questions. If you had a lawyer, your
3 Q > Any documentation about what he was doing} 3 lawyer might choose to ask you some questions;
4 what was going on in the case? 4 doesn't always happen, it is up to you. You
5 A Yes. 5 can certainly do that, but before I tum it
6 Q Do you have that at home? 6 over to you, though, is there anything that you
7 A. I think so. 7 want to clarify in terms that you stated in
8 Q > Would you please produce that for me? 8 your deposition so far?
9 A Yes, sure. 9 THE WITNESS: I had made notes, but I left
10 Q And I want each and every document that 10 them at home, so...
11 you received from Mr. Spear, or any other attorney | 11 MR. SULLIVAN: Is there anything that you
12 related to the car accident, as well as anything 12 wanted to clarify; is there anything that you
13 that you sent to Mr. Spear, a copy of anything for 13 think you stated incorrectly that you want to
14. the car accident; okay? 14 change?
15 A Um-hum. AS THE WITNESS: No.
16 Q You mentioned that Dr. Jaffe has been your | 16 MR. SULLIVAN: Do you want to ask yourself;
17 doctor for quite some time, and that even after you | 17 some questions now, and I will tum it over to
18 lost your federal medical insurance that you've been | 18 you.
19 giving him almost $30 for each visit, correct? 19 THE WITNESS: No, I had some stuff that f
20 A Correct. 20 wanted to discuss, but --
21 Q What medical insurance did you have while | 21 MR. SULLIVAN: Do you need a moment to
22 you were at the National Archives, at least in 2004? | 22 collect your thoughts?
23 A Federal Employees Blue Cross/Blue Shield. | 23 THE WITNESS: Yes.
24 Q And while you had Blue Cross/Blue Shield | 24 (Whereupon, a brief recess was
Page 263 Page 265
1 or whatever insurance you had in 2004 when you 1 taken.)
2. visited Dr. Jaffe that year, how much would you pay| 2 THE WITNESS: No questions.
3. him while you had the insurance, per visit? 3 MR. SULLIVAN: All right, we are on thq
4 A $20. 4 record, and you don't want to proceed and as
5 Q_ That was your co-pay? 5 any questions of yourself?
6 A Co-pay. 6 THE WITNESS: No.
7 Q > When did you leam that Dr. Jaffe would 7 MR. SULLIVAN: Thank you for coming}:
8 require you to pay only $30 even without any kind of & (Whereupon, the deposition
9 insurance? 9 concluded at approximately 2:14
10 A Someone in the office told me what it 10 p-m.)
11 would cost without the insurance. 11
12 Q And they said that was special 12
13 arrangements made for you, or was this standard 13
14 procedure? 14
15 A. Standard procedure if you didn't have 15
16 insurance, this is what his office visits are, only 16
17 $30. 17
18 Q And that is for a full office visit? 18
19 A Yeah. 19
20 Q And there has been nobody that has 20
21 financially contributed to your medical treatment by | 21
22. Dr. Jaffe since you lost your federal insurance? 22
23 A Correct. 23
24 MR. SULLIVAN: I have no further 24

34 (Pages 262 to 265)

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39c7eaZa-0a03-47a0-ab80-Zad9bc1a0d21

Page 766 |


DARRYL MURRAY

Page 110 Page 112

1 Preditor thing, that was on my mind, too. It won't }_ republicans or something on a Time Magazine cover
2 be long. 2 sitting on a desk being a problem, so, someone had
3 Q And below on Page |, going back to Page 1 3 to be offended. Something has got to be in that,

4 of Murray-13, the photographs, it says, vote 4 that you are hurting somebody's feelings or

5 November 11, 2004, Kerry; what was that areferencq 5 something.

6 to? 6 Q_ So that was the test that you used,

7 A. {had to redo -- register to vote, remind 7 whether in your mind that you were hurting
8 myself. 8 somebody's feelings?

9 Q So did it refer to the upcoming election? 9 A Yes.

10 A. Well, 1am going to register to vote for 10 Q Below the November 11th, 2004 note, it

11 the upcoming election. 11 says, beware of the snitch committee; what does that

12 Q If you could look at Murray-16, which is 12. refer to?

13 your EEO Affidavit. No, the typewritten EEO 13 A. That is just between, gossiping and rumors

14 Affidavit. 14 between me and friends and a couple of us in the

15 Mr. Murray, now in previous 15 workplace.

16 references to the Affidavit, it should be Murray-17, | 16 Q I'm sorry, it was directed at, who?

17. and J am directing you to Page 3, you state there, 17. A. Friends and the coworkers, people -- my

18 my note; it is just a matter of time now. Be 18 friends and associates discussing personal issues

19. patient, referred to the upcoming election. I was 19 about people dating, and talking people's business.

20 hoping that John Kerry would be elected president, | 20 Q Who were you telling to be aware?

21 and that is what I meant there. 1 put up a note to 21 A Different girls about their business going

22 remind myself to register to vote in the 22 around. See, I never wanted to put anybody's name

23 presidential election? 23 up, because } don't want to -- anyone to take

24 A Yes. 24 something the wrong way, and it is my understanding
Page 111 Page 113

1 Q So your note about, it is just a matter of 1 of something, I will just put a general comment out}

2 time now. Be patient; referred to your hope that 2 Q_ Below that it says, two legged cockroaches

3 Kerry would be elected president, correct? 3

4 A. Yeah, and when I put that up there, too, 4 A Now-

§ this was referring to the movie coming out. 5 Q  - who did that refer to?

6 Q Let me ask you, now, the August 17, 2004 6 A. - that was Hong because he took six white

7° Setter, which is Murray-11 said, to be clear, you 7 boxes off my desk that I prepared to re-box and

8 are to display no materials to make reference to 8 busted boxes up, and | had to fix them up.

9 political views; why did you put up these postings 9 Q So this was meant, when you were using the
10 after you received that letter? 10 words you used before, this was meant to retaliate
iW A. That wasn’t offending or offensive to 11 against him?

12 anybody's political -- it wasn't making fun of any 12 A Yeah.

13 candidates, or degrade somebody's political party. 13 Q > Was it meant as a waming to him?

14 Q Who told you that the August 17th, 2004 14 A No, it was just mocking him, like,

15 letter only referred to what you would characterize 15 cockroaches, they run off with your stuff when you
16 as offensive or degrading to other people in terms 16 are not looking, and that is what he was doing.

17 of their politics? 7 Q_ To the left of that statement there isa

18 A. Well, I was scanning in my mind about why 18 picture, is that from the movie, Preditor?

19 something like this would come up, and the only 19 A Yes.

20 thing that I could think of was, the original letter 20 Q And if you go to the third page of the

21 about the offensiveness, and they were using that so 21 photographs, there is a better picture of the

22 they were referring to offensiveness, say, even if 22 Preditor image and the word, Preditor, and below
23. they didn't put offensive in it, but I can't see 23 that is a Chapter, it says, Chapter 782,

24 anyone complaining about someone having democrats of 24 disciplinary and adverse actions; why did you placq

29 (Pages 110 to 113)

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6935{b57-a4a5-43c0-8b5c-95a64088a52d


DARRYL MURRAY

SomaaAnawne

DPeNNNE Et eRe eee
RBBESearnranawnea

Page 18
understanding really is --
Q And! should tell you, you've seen

Director Roland's November 2004 letter to summarize

this incident --

A Yes.

Q  ~and he says in that letter to you that
the agency received a complaint from the Director of
Personnel, Veterans Administration Regional Office
that you had ieft photo copies of highlighted pages
of a Nation of Islam Publications in the Veterans
Administration Regional Office break room; now, at
that time did the National Archives Records Center

share a break room with the Veterans Administration?|

A No, two separate break rooms.

Q Okay, but they were close to each other?

A About 75 feet apart, I guess.

Q_ Okay, so you were familiar with the
Veterans Administration break room at the time?

A Um-hum.

Q Mr. Roland went on to tell you -- to write
in the November 2004 letter that you had been
counseled, that you are not to display information
regarding your beliefs anywhere in the workplace, he
recounts that in April 1996 that you signed a

Cou nKnawn

Page 20
A No, nothing.
Q Did you ever distribute to anyone any
document related to any personal belief that you
have, other than the one that you just referred to?
A No, none.
Q Lam going to have marked as Murray-1, a
letter that I will show you in a second, that is
dated March 23rd, 1995, it is from Gloria Grouzos;
G-R-O-U-Z-O-S, the chief of the service branch at}
the record center, to you.
(Whereupon a document was marked
for identification as Exhibit
Musray-1.)

BY MR. SULLIVAN:

Q Mr. Murray, could you take a quick look at!
that?

A [have seen it before.

Q Okay, and this states that you displayed
in the break room posters, signs, flyers, newspaper:
clippings and other forms of information relating t
the beliefs of the Nation of Islam. These have 1
contained statements regarding the racial, political
and religious matters; is that true or untrue that
you did that?

Sowraguawne

DPNND ete ee oe ee
BORPS oer AUER WNH

Page 19

memorandum of agreement with the agency that you}

agreed you would not post or distribute any
objectionable material in the work place, in return
the agency would cancel its decision to effect the
14-day suspension; what happened?

A. The best of my recollection with the

incident and the Veterans Administration Program, I

used to go there and just meet and have lunch,
sometimes, with Muslims that worked with the
Veterans Administration. And one day when J was
finishing lunch and leaving, a gentleman asked me,
could he read some pages that I had, and I told him,
fine, you could have them, and then, I think, the
next day is when I was told something about, I left
information in the room that somebody was asking
for, and 1 didn’t know what he was talking about,
except for, you know, the pages that I Jet the
gentleman read.

Q Did you, at any time, in 1995, 1996 post

anywhere in the workplace, at the National Archives|

Records Center, or the adjacent Veterans
Administration property, anything on any wall?
A No.
Q Nothing at all?

SuIAKUAWNO

at
12
13
14
15
16
17
18
19

21
22
23
24

Page 21
A itis untrue.
Q Inthe second paragraph, about halfway
through it, you are directed to immediately stop
from distributing or posting any materials in the
workplace. Your failure to comply will be the basis
for charging you with insubordination and taking
disciplinary action, which could include your
removal from Federal service; did you read this
letter in 1995?
A Yes.
Q And you understood that you were being
directed not to post such materials?
A Yes.
Q 1am going to show you in just a second
what I will have marked Murray-2; it is a
March 13th, 1995 notice from Gloria Grouzos, again]
to you.
(Whereupon, a document was
marked for identification as
Exhibit Murray-2.)

BY MR. SULLIVAN:

Q Ifyou could take a quick look at that,
Mr. Murray, I would appreciate it.

A The second document, I don't recall ever

6 (Pages 18 to 21)

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DARRYL MURRAY

Page 14 Page 16

1 Q > When did you move from the wie teh 1 A. African-American, Episcopal.

2 Avenue to Townsend Road? 2 Q What was the race composition of your

3 A 1997. 3 coworkers in the Trust Fund Section?

4 Q What was the jast work group that you 4 ‘A Well, I was the only Muslim, one Jewish

5 worked with at the record center? 5 employee, I think one Catholic, and, } think, the

6 A. That would be the Trust Fund Section. 6 rest were al] Christians.

7 Q > What does the Trust Fund Section do? 7 Q How many were African-American?

8 A We serviced the bankruptcy case files for | 8 A Out of the 15, ] think 13.

9 the District Court. 9 Q Okay. Do you ever have a coworker at the
10 Q > When did you start working for the Trust 40 National Archives and Records Administration
11 Fund Section? 11 Facility that is a different level?
12 A 2003. 12 A Notacoworker.
43 Q What section did you work in before that?] 13 Q Now, if you could just describe briefly
14 A General Records. 14 for me in layman's terms what you, as an Archives -
15 Q Inthe Trust Fund Section, who was your 15 A. Aid.

16 first line supervisor when you left for the Nationa} 16 Q - aid would do on a daily basis?
17 Archives? 17 A. Retrieve government case files, file

18 A Elizabeth Washington. 18 documents and refile documents.

19 Q How tong had she been your first line 19 Q > Might the United States District Court,
20 supervisor? 20 for example, make a request for a file in the record
21 A Abouta year. 21 section?
22 Q > Who was your first line supervisor before 22 A Yes.
23 that? 23 Q When you were in General Records, were
24 A (Noresponse.) 24 you, sometimes, responsible for retrieving United

Page 15 Page 17

1 Q Was it John McGee? 1 States District Court files when they were requested
2 A John McGee. 2 by the Court?

3 Q M-c-G-E-E? 3 A Yes.

4 A Yes. 4 Q > When you were in the Trust Fund, what

5 Q_ How long had he been your first line 5 types of files did you retrieve?

6 supervisor? 6 A. Anything from A to Z, Justice Department,
7 A About three years. 7 FBI, Customs, Immigration, Food and Drug

8 Q_ And before he was your first line 8 Administration, DEA, IRS, the Federal Agency

9 supervisor, who was your first line supervisor? 9 Assistance.

10 A Andrew Rouche (phonetic). 10 Q And were the record requests sometimes

11 Q You said that you were in General Records | 11 time sensitive?

12 before you were in the Trust Fund Section; how long] 12 A I mean, they usually wanted them pulled

13. were you in General Records? 13 the same day and sent out the same day, if possible.
14 A From 1997 until 2003. 14 (Whereupon, a brief recess was

15 Q Before you were in General Records, what 1s taken.)

16 section were you in? 16 BY MR. SULLIVAN:

Ww A. General Records even from -- I was in 17 Q Mr. Murray, you certainly seen reference

18 General Records from ‘87 up til 97, and then 18 in the documents that have been produced in the case
19 continued on from ‘97 til 2003. 19 so far in the events and allegations of 1995 and

20 Q__Inthe Trust Fund group, how many 20 1996 regarding materials that you were alleged to
21 employees -- how many coworkers did you have? | 21 have placed in a smoke room, or break room, while
22 A Approximately 15. 22 you were at the Wissahickon facility; can you tell
23 Q Ifyou know, what was Ms. Washington's 23 me what happened?

24 race and religion? 24 A. The only thing that I can -- my

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6935f057-24a5-43c0-8b5c-95a64088a52d


DARRYL MURRAY

Page 66 Page 68
1 Q So quite awhile before -- 1 Q Okay. Where was the scratch on your car?
2 A Yeah. Yes. 2 A. On the ~ just below the grill.
3. Q Where was your car at the time when the 3 Q The grill, being?
4 pasta was placed on it? 4 A The front grill where the emblem usually
5 A Inthe parking lot near the loading dock 5 is.
6 doors, open doors. 6 Q How big was the scratch, how long?
7 Q Parking lot at Townsend Road? 7 A About 2 inches.
8 A Townsend Road. 8 Q > When did you first see the scratch, and
9 Q And what was done -- where was the pasta 9 where were you when you first saw it; where was th
10 placed? 10 car?
ist A On the -- by — just around the rear i A. The car was in the parking lot, and when 1
12. window on the driver's side. 12 came out at the end of the day, at 2:30, I saw it.
13. Q Did you witness anybody placing it there? 13 Q_Did you see anybody scratch your car?
14 A No. 14 A No.
15 Q > When did you discover what happened, what 15 Q Did anybody else report to you that had
16 time of day? 16 seen anybody scratch your car?
17 A. 1 know when I came out to go to lunch, 7 A No.
18 which tells me someone did it before lunch, or 18 Q Did you have any suspicions about who had
19 either when the food truck came, at quarter of nine 19 done it, or did anybody report to you suspicions whd
20 inthe moming. 20 had done it?
21 Q Did you suspect anybody of doing it? 21 A. 1-~they thought, maybe -- that ] thought
22 A. [couldn't understand that at all. I 22 might have been, maybe, Hong Diep.
23 don't understand why anybody would do something likd 23 Q H-O-N-G D-I-E-P?
24 that, so... 24 A Yes,
Page 67 Page 69
1 Q_ It was before your falling out with 1 Q > Why did you think Hong Diep?
2. Mr. Buffone? 2 A Again, I am trying to take childish
3 A Yes. 3 actions and assign it to people's personality. What
4 Q_ So you didn’t know who had done it? 4 aperson is capable of doing, and it just would fit
5 A No. § with him, but J can't offer any evidence.
6 Q Did you ever confront anybody about it? 6 Q_ 1am going to come back to Mr. Diep and
7 A No. 7 your issues with him shortly, and we may have to
8 Q_ The scratch of your car happened after 8 take a break in a few minutes so you could go put
9 that? 9 the money in the meter.
10 A Yes. 10 Did you ever confront Mr. Diep, or
YW Q = When did that happen? 11 anybody about that scratch?
12 A The scratch happened September 2004. 12 A No.
13 Q Are you sure it was September? 13 Q Did you ever complain to management abot
14 A August or September. 14. the trash on your desk?
15 Q_ Is it possible that it was before you put 15 A No.
16 up your August posting? 16 Q Did you ever complain to management about
17 A I think the worthless loser one was about |17 the pasta on your car, or the scratch on your car?
18 the items missing and the trash, and —- 18 A No, | thought that I had mentioned it to
19 Q But we will go back to the posting ~- we 19 Liz. 1 thought that 1 told a couple of coworkers,
20 will go through the postings, and if it comes back | 20 but I never took it to upper management. Beyond
21 to you, let me know, but you are not absolutely surf21 that, just to Liz, she is a friend.
22 when the scratches were, but you believe they wer 22 Q You told her just as a friend?
23 inthe late 2004, middle to Jate 20047 23 A. Well, because she is a friend.
24 A It was September of 2004. 24 Q Did you ever mention the personal items

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DARRYL MURRAY

Page 26 Page 28
1 that if you Xeroxed it, it wouldn't get dark like 1 provisions outlined below?
2 that. You couldn't, you know, blacken it out just 2 A Yes.
3. from Xeroxing it. 3 Q Okay. And then Provision C states that,
4 Q Once you wrote these comments on this 4 "Darry! Murray agrees that he will not post or
5 picture and put the picture -- you are describing as 5 distribute any materials in the workplace, including
6 Vlad the Impaler on it, did you put this document 6 any work spaces which may belong to, or are shared
7 anywhere, or share it with anybody? 7 with other organizations. Darryl Murray understand!
8 A. No. The last time | saw it, | think it 8 that this means that he may not distribute any
9 was in the smoke room when | must have handed it tq 9 materials in the workplace even during lunch
10 the gentleman when I handed him the paper about thd 10 periods, breaks, or before or after wosking hours.”
11 million man march, it must have been on the bottom | 1] Correct?
12. of it. 12 A Correct.
13 Q So you handed this document to someone in | 13 Q And what did you understand that promise
14 the breakroom? 14 of yours to mean?
15 A It must have been, because I didn't have 15 A Notto bring any Islamic literature into
16 it after that. 16 the workplace.
17 Q_ And what was the intent of your comments? |17/— Q It says, "Will not post or distribute any
18 A Oh, the 20 comments weren't mine, 1 copied ]18 materials in the workplace.” Did you understand
19 those comments off of other postings that we had in | 19 that you were not to bring any, or post any
20 the warehouse, it was similar, identical pictures of | 20 materials in the workplace?
21 the black mole, in different places they had 21 A. Yes, but I had never done it, sol didn't.
22 comments about that. 22 Q > But you understood this was a binding,
23 Q > Who had put those comments there? 23. agreement on your part?
24 A have no idea. 24 A Yes.
Page 27 Page 29
1 Q Iam going to have marked as Murray-4 -~ 1 Q Did you understand that if you did not
2 (Whereupon, a document was 2 comply, that the suspension would you go into
3 marked for identification as 3. effect?
4 Exhibit Murray-4.) 4 A Yes.
5 BY MR.SULLIVAN: 5 Q Did you have any understanding that this
6 Q The document that is entitled, Memorandum 6 was ever not an agreement that was effective for
7 of Agreement, signed by David Weber and you in April 7 you?
8 of 1996; is that your signature on the second page? 8 A No,] thought it was in effect for a year
9 A Yes, it is. 9 like he said.
10 Q Do you recall this document? 10 Q Did you understand that it was a
i A Yes. 1} commitment that you had, even beyond the year?
12 Q And was this an agreement that you reached 12 A Oh, yes.
13. with the agency regarding issues in part related to 13 Q So that was a requirement for the entire
14 your alleged posting distribution of materials at 14 time that you were at the facility?
15 the workplace in 1995 and 1996? 15 A. Yes, definitely.
16 A 1 guess it is related to it. 16 Q = Mr. Murray, I am going to have marked as
17 Q Andas part of the agreement, did -- does 17 Murray-5, and 1 will ask you to take a look at it in
18 the agreement state Mr. Weber, the deciding 18 asecond.
19. official, has determined that the 14-day suspension 19 (Whereupon, a document was
20 is for the efficiency of the service and should be 20 marked for identification as
21 effected. However, this suspension will be held in 21 Exhibit Murray-5.)
22 abeyance for one year from the date of this 22. BY MR. SULLIVAN:
23 agreement, subject to the following: execution of 23 Q You can take a look at this. This isa
24 the agreement and compliance with each of the 24 handwritten memo dated November 20, 2000 from Darry|

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6935fb57-a4a5-43c0-8b5c-95a64088a520


DARRYL MURRAY

Page 90 Page 92
1 this is Ms. Grouzos's memo to you, “During the past 1
2 several weeks you have displayed in our break room 2 (Whereupon, a document was
3 posters, signs, flyers, newspaper clippings and 3 previously marked for
4 other forms of information relating to the beliefs 4 identification as Exhibit
5 of the Nation of Islam. These have contained 5 Murray-11.)
6 statements regarding racial, political and religious 6 BY MR. SULLIVAN:
7 matters. I have requested that you desist from 7 Q. This is an August 17th, 2004 Jetter from
8 displaying such information." 8 Elizabeth Washington to you regarding the display
9 The next paragraph goes on, "No 9 the items that we just looked at in August of 2004; 4
10 documents should be posted without prior managemen| did Ms. Washington present this letter to you?
11 approval. You are further directed to immediately A. Yes, she did.
12 stop from distributing or posting any materials in Q And that is your signature at the bottom?
43 the work place. Your failure to comply would be the A Yes, it is.
14 basis for charging you with insubordination, and Q And that acknowledges that you had
15 taking disciplinary actions, which could include received it on August 17th, 2004?
16 your removal from Federal Service." Did you A Yes.
17 understand that you were not to display any Q Did Ms. Washington sit down with you to
18 teligious, political content? discuss this letter?
19 A Offensive, political content. A No.
20 Q And is it your view that that was your Q Did anybody sit down with you to discuss
21 understanding, then, that it had to be offensive? the letter?
22 A Yes. A No.
23 Q Offensive to whom? Q = Mr. Murray, I am going to have marked as
24 A__T would assume, since Catholics made the Murray-17, your Affidavit in the EEO proceeding.
Page 91 Page 93
1 complaint that it would be something that they said 1 (Whereupon, a document was
2. — they never said it was, they just had an 2 marked for identification as
3 anti-Catholic theme. The never said -- 3 Exhibit Murray-17.}
4 Q > Who said anti-Catholic theme? 4 BY MR. SULLIVAN:
5 A. The VA. It was the theme -- nothing I had 5  Q If you could just page briefly through
6 menaced any Catholicism or Judaism or Hinduism, they 6 this and tell me if you recognize it?
7 just said that the theme could have been — 7 A Yes, Ido.
8 Q 1s it your view that nothing in the 8 Q And is this your Affidavit from the EEO?
9 postings from Murray-12 from August 2002 could be | 9 A. Yes, itis.
10 viewed by coworkers or management as offensive? Q And is that your signature on the last
Ww A | don't think it was. | think that is the page?
12 pretext. How they could be offended -- they could A Yes.
13 be offended by a documentary. Q And did you sign this on January 31st,
14 Q How about, Osama totally exonerated an 2005?
15 innocent man, you don't see how that could be A Yes.
16 offensive? Q_ There are handwritten comments throughout
17 A No, not if there is evidence to support the document, are those your handwritten comments
18 it. A. Yes, they are.
19 Q How about the comments directed at Q So those are changes you made to the
20 coworkers; do you see how that can be offensive to document to make it accurate, in your view?
21 coworkers? A Yes.
22 A Nope. No names were called out. Q On Page 2, towards the bottom, you state
23. Q_1.am going to show you what has been that on August 17th, Ms. Washington brought you a
24 marked as Murray-11, if you could take a look at it. letter, she told you that you needed to read it, and

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CLASS ACT REPORTING AGENCY, LLC
{215) 928-9760 (856) 235-5108

69359b57-a4a5-43c0-8b5c-95a64088a52d


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANL.

DARRYL MURRAY,
Plaintiff,

CIVIL ACTION
NO. 05-4557

v.

ALLEN WEINSTEIN, Archivist
of the United States,
National Archives and
Records Administration,

Defendant.

EXHIBIT “1" IN SUPPORT OF
GOVERNMENT'S MOTION
FOR SUMMARY JUDGMENT

(THE GOVERNMENT’ S SUMMARY JUDGMENT MOTION,
SUPPORTING MEMORANDUM, AND SUPPORTING EXHIBITS
2 THROUGH 10 WERE FILED ELECTRONICALLY
ON JANUARY 4, 2007. BECAUSE THE PACER
SYSTEM WOULD NOT ACCEPT THE ELECTRONIC FILING
OF SUPPORTING EXHIBIT “1,” AND ITS ATTACHMENTS,
THOSE DOCUMENTS ARE BEING FILED
IN HARD COPY FORM ON JANUARY 5, 2007.)



DARRYL MURRAY

Page 178 Page 180
1 A I don't see it. 1 A Yes.
2 Q (Showing witness.) 2 Q Okay. You were angry?
3 A Yeah, she was there the whole time, | 3 A Yes.
4 don't know why I said she lefi, maybe because she} 4 Q_ I want to go through a couple of your
5 was talking to other people going to lunch, she 5 statements first and then cover some topics.
6 might have turned away, that's what I meant. 6 Let's turn, first, to your Statement
7 Q  Sois it your testimony that she didn't 7 of Facts, which I showed you a moment ago, I think
8 come out until -- does that remain your testimony | 8 you still have it, it is Murray-23.
9 that she didn't come out of the building until after | 9 A Um-hum.
10 Officer Hughes went back into the building the first 10 Q_ Ifyou could tum to Page 8, beginning at
11 time? 11 the bottom and going on to 9; do you have that?
12 A Right. 12 A Yes.
13 Q But then after she came out, you are 13 Q_ Itsays, "Shocked and humiliated, I
14. saying that she turned away for a period? 14 confided in James that 1 thought ‘somebody ought to
15 A Yes. 15 blow that place up."" Again this is the statement
16 Q So that she was not, in any way, 16 you gave to Judge Shapiro this year; did you write
17 participating in the conversation with you and 17 ‘that? q
18 Officer Hughes? 18 A Yes.
19 A Correct. 19 Q_ And you sent that to Judge Shapiro? E
20 Q - And you don't know whether she heard 20 A Yes.
21 everything that the two of you -- that Officer 21 Q > And is it true that - what you believed
22 Hughes and you were discussing? 22 to be in confidence to James stated, somebody ought
23 A I don't know. 23 to blow that place up?
24 Q Now, at that time when you came to the 24 A That's correct.
Page 179 Page 181
1 Records Center before you had any conversation wit 1 Q Okay. “And on the next page you say, you
2. Security Officer Hughes, did you feel that he was a 2. were referring to harassment, exploitation and
3. friend of yours? 3 oppression suffered by the poor ignorant employees |
4. A Oh,yeab. Yes. 4. at the hand of management; what do you mean by that
5 Q Did you feel that he was a confidante, 5 A_Itismy opinion that because the vast
6 somebody that you could confide in? 6 majority of our employees come from special
7 A Yes. 7 education schools, which I was told, I don't know
8 Q Did you feel that your conversations with 8 fora fact, and because their behavior is very
9 him that day were confidential? 9 ignorant, that they — to me they provide a source
10 A Yes. 10 of humor or entertainment for management, and I
iM Q You didn't believe that he would be 11 think -- ah -- they -- ah -- are exploited due — or
12 reporting what you said to management? 12 as the result of their ignorance -- ignorant
13 A No. 13. behavior and being ignorant intellectually. You
14 Q So you felt at liberty to talk to him? 14 know, they don't care too much about themselves, so
15 A Yes. 15 itis, kind of, understandable to see -- you can't
16 Q. And we'll talk ina second about what the 16 really get mad at anyone else for not expecting
17 conversations were, but during the course of the 17 them, of treating them like human beings. Very
18 conversations you learned that you were being told 18 seldom do‘a lot of them act like human beings.
19 to leave the property; correct? 19 Q So at that time you were angry about what
20 A Correct. 20 ‘you saw as harassment exploitation that these
21 Q > And is it true that at that point you felt 21 employees suffered at the Federal Records Center?
22 humiliated? 22 A Yeah, I have been upset about it, the way
23 A Very. 23 people are treated. But, like 1 say, 1 understand
24 Q > Embarrassed? 24 ‘it at the same time. It is understandable.

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1 with my legs. 1 A. Jhad a falling out with Mitchell Buffone,
2 Q What was your problem with your jegs? 2 and I had wrote him a letter terminating our
3 A Doctors think that I have rheumatoid 3 friendship, and in it, you know, I said 1 understand
4 arthritis. 4 why and how people go postal in the workplace, but I
5 Q Did you express that concern with Ms. 5 never voiced it to anyone.
6 Washington? 6 Q > When did you write that letter to
7 A Yes. 7 Mr. Buffone?
8 Q Did you express it with anybody else? 8 A Maybe February or March.
9 A Mr. Roland. 9 Q 20037
10 Q OnPage 2 of this letter -- memo, you say, 10 A 2003.
11 "It is unclear at this time that if your decision to 1 Q You said that you had a falling out with
12 recommend that I be placed in the PIP program, which 12 him, what was that about?
13 targets employees for termination, is for low PE 13 A. Mr. Buffone is not a very trustworthy
14 scores, for allegedly mislocating files or both." 14. person. He is capable of betrayal at the times that
15 Were you advised, at that time, that you would be 15 you wouldn't expect him to be, and | felt as though
16 placed in a PIP program? 16 Thad been trying to support him in being a work
17 A I think so. 17 coordinator, and looking out for his interest, and |
18 Q  lnan improvement plan? 18 thought that he would do the same for me, and that 1
19 A Yes. 19 found out that was not to be the case.
20 Q_ And you were told that that was what, 20 Q In what ways did it turn out not to be the
21 because of what? 21 case?
22 A Low PE scores. 22 A Ihad gotten Mr. Roland to help give a
23 Q Andon Page 3, ifyou could tum one more 23 friend of mine a temporary job for a couple of
24 page, you state regarding the position of being ina 24 weeks, and Mr. Buffone was instrumental in dropping|
Page 39 Page 41
1 PIP program, that you would enter a second request] 1 her from her employment, and I just thought that he
2 to return to the General Records Section; did they | 2 could have gave me a heads-up, 4 warning, saying,
3. think that you were asking that you'd go back to 3 you know, well, work is coming to a shortage now, W
4 Genera! Records? 4 are going to be letting your friend and other people
5 A Yes. 5 go, and he just did it without not even a day's
6 Q_ Do yourecall meeting around that time 6 notice.
7 with Mr. Roland, and Mr. Roland, by the way, at the 7 Q You were upset with him?
8 time, 2003, would he be the Director of the Recordy 8 A Oh, yeah.
9 Center? 9 Q Did your relationship with Mr. Buffone
10 A Yes. 10 change permanently after that?
11 Q Do you remember meeting with him to at A Yes.
12 discuss any relating issues? 12 Q Did it ever get better again?
13 A J} don't think so. 43 A No.
14 Q Did Mr. Roland speak to you at that time 14 Qin what ways ~- weil I will come back to
15 about your use of the phrase in the workplace, 15 that.
16 “going postal"? 16 Did Mr. Roland, when you met with him
17 A Not at that time. 17 in 2003, around April of 2003, did he advise you not
18 Q When, if ever, did he? 18 to petition other employees in forming cliques or
19 A. Summer of 2003. 19 alliances?
20 Q Okay, Had you used that phrase, “going 20 A Notto petition, no.
21 postal” in the workplace? 21 Q Not to encourage them to form cliques or
22 A No. 22 alliances?
23 Q How did Mr. Roland come to believe that 23 A No.
24 you had used it? 24 Q Were you responsible for forming any sort

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1 Q_ And is it true that you admitted to the 1 got me in trouble, not intentionally, but just by
2. agency at some point you had written the comments orf 2 tampering with the box, using it. And after that, 1
3. the boxes? 3 just made sure, you know, that I didn't put anything
4 A Yes. 4 onthe box again.
5 Q What were the comments? 5 Q And did you then make a formal apology?
6 A. My name in Arabic, or a nickname, The 6 A Yes.
7 Great Mutah of High Akbar and -- 7 Q > Mr. Murray, 1 am going to show you what I
8 Q Could you spell that? 8 will have marked as Murray-7, it is a memo from yo
9 A. The Great Mutah, M-U-T-A-H, and 9 to Elizabeth Washington dated April 25, 2003.
10 Allabu-Akbar, A-L-L-A-H-U - A-K-B-A-R. 10 (Whereupon, a document was
YM Q_ Did you write anything else on the boxes? i marked for identification as
12 A. On that box, no, I think there was 12 Exhibit Murray-7.)
13. another one 1 had written something on it that | was 13. BY MR. SULLIVAN:
14 going to put some personal papers in, dealing with 14 Q_ Take a look at this, please, and let me
15 biology or something, Homo sapiens or something like 15 know if you've seen it before?
16 that. 16 A. This is my handwriting, if ] am recalling
17 Q. Was this right after September 1 Ith, 20017 17 all the information in it.
18 A Yes. 18 Q But, feel free to take more time as we are
19 Q Okay. Did Federal Protective Services 19 going through, I am going to ask you some questions]
20 become involved in investigating this? 20 This says, response to today’s meeting; do you
21 A Yes. 21 recall meeting with Ms. Washington, your first line
22 Q > Why did you write the comments that you 22 supervisor in, or around April 2003, regarding your
23 wrote on the boxes? 23 being transferred?
24 A. Well, the boxes were intended for personal 24 A can't recall a meeting, but I know that
Page 35 Page 37
1 use; we have utility carts that we keep our supplies | 1 1 had to.
2 in, and the employees, they write their names and 2 Q. Were you transferred around that time from
3 nicknames on them so that people would know not t 3 the General Records Section to the Trust Section,
4 steal their property, or just to leave an extra pair 4 Trust Fund Section?
§ of shoes in, or smock, or gloves, or scissors, or 5 A Can't remember for sure.
6 tape, stuff like that. So it wasn't — the box 6 Q When were you transferred?
7 wasn't supposed to go out, and we have a lot of temp] 7 A I think it was in 2003.
8 employees that come in, and sometimes they will be| 8 Q_ Did you have concerns, at that time, about
9 lazy and don't go get their own boxes; they see a 9 the transfer?
10 box ona cart and they will just take that box and 10 A I might have.
11 throw stuff in it. Once we send those boxes outto | 11 Q Okay. Had your PE scores been dropping?
12 Social Security, they take the files out of the 12 A Yes.
13 boxes and discard them in the trash, so the boxes 13 Q What isa PE score?
14 don't have to be in perfect condition, or, you know, | 14 A. Itisapumerical indicator of how much
15 pristine clean. And told my supervisor, ] think 1§ work you've done on particular tasks by the hour, 0}
16 somebody took the box, you know, off my cart and | 16 in an eight hour period.
17 just used it, and that's how it ended up going out. 17 Q Did you have concerns about your scores
18 Q Did you know before the boxes went to 18 dropping, and the reasons for that -- the drop?
19 Social Security. that they were going to Social 19 A Yes.
20 Security? 20 Q > What were your concems?
2t A No. 21 A. Inthe section that I was transferred to,
22 Q Okay. What was your reaction when you 22 it required a lot more extensive walking over the
23 found out they had gone to Social Security? 23 perimeter of the building, which is about three or
24 A Iwasa little upset, | felt that somebody 24 four City blocks inside, and I was having a probleny

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1 __ in violation of the letter; correct? 1 Q_ Any others pending?
2 A’ (Noresponse,) 2 A I think there might be one more with the
3 Q In violation of the letter that you would 3 government. I don't have it with me. I have it at
4 later receive? 4 home, but I don’t have it with me.
5 A | didn't follow you on that. 5 Q Have you applied since being terminated
6 Q You understood the letter, August 17th, 6 from the National Archives for any positions other
7 2004 letter to prohibit the type of material that 7 than the ones that you identified here for your
8 you had posted in August 2004; correct? 8 Discovery responses?
9 A It sounds like you are saying that I 9 A No.
10__understand the letter from August 2004 is related to | 10 Q > Had you any interviews with any potential
11 the postings? 1 employers?
12 Q No. You understood, am | correct, that 12 A No.
13 the August 17th, 2004 letter prohibited you from 13 Q Have any of these potential employers
14 posting the sort of material that you had taken down | 14 _ stated to you any issues or concerns they have
15 that day? 15 regarding you?
16 A Yes. 16 A No. I would imagine they have some,
17 Q And as we've testified to before in 17 though, with my termination.
18 Murray-12, which is photographs what you had been! 18 Q They haven't stated anything to you?
19 required to take down in August, there are commentg 19 A No.
20 related to -- that you directed to your 20 Q_Interrogatory number 2 asks you whether
21 co-employees; correct, worthless loser, et cetera? 21 you have been employed, or, otherwise, performed am
22 A Correct. 22 compensated work since leaving the National
23 Q So you understood the letter to prohibit 23 Archives; and I will just ask you now, have you
24 you from having similar sort of postings in the 24 worked outside the home since September 22nd, 2004'
Page 239 Page 241 |,
1 future? ! A Yes.
2 A Correct. 2 Q Okay. And Interrogatory says that you
3 Q_ Revenge is a dish best served cold; same 3 worked for Snelling Personal Services from March
4 thing? 4 2005 to July 2005, you attached the Snelling
5 A Correct. 5 Personal Service document referring to a start date
6 Q = Mr. Murray, as the final main subject area 6 at Kun-Crest, K-U-N - C-R-E-S-T Services of May 3rd]
7 of the deposition, I want to go over your discovery, | 7 2005 and evaluating you on May 10th, 2005; did you
8 andI can pull them out if you want to refresh your 8 work with Snelling Personal Services during that
9 memory. 9 period?
10 I -- in my fist couple of 10 A Yes.
1) Interrogatories, I asked you about what employment | 11 Q_ Have you worked with them during any other
12 you sought since leaving the National Archives since | 12 period?
13 you have been terminated, and you, in your Novembeg 13 A No.
14 2nd, 2006 response to Interrogatory number 1, you 14 Q_ And through Snelling Personne! Services,
15 stated that you have current applications for 15 did you obtain some work at Kun-Crest Services?
16 employment on file with the Department of Treasury, | 16 A Yes,
17 the FBI, the DEOC and the Department of State. 17 Q> What kind of work was that?
18 Can you tell me what the status is of 18 | A Janitorial.
19 those applications? 19 Q > And was your period there — tell me what
20 A Still waiting. The Department of State 20 your period was, there at work?
21 wants, I believe -- someone with a higher score got 21 A. I think | was there for five or six months
22. that one, and the other ones are still opened and I 22 ona 20-hour a week detail.
23 have another current one since we last spoke, with 23 Q Doyou remember the months?
24 the U.S. Marshalls. 24 A (No response.)

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1 A. My friend had a doctor's appointment. 1 and I said, no, because he is asleep. And then I
2 Q > What is your friend’s name? 2. checked my cell phone, and there was a couple of
3 A Jihada Mohammed. 3 messages on there; I hadn't answered it in a couple
4 Q_ Can you spell that? 4 of days, and then when I got to Skip's phone
5 A J-I-H-A-D-A Mohammed. 5 message, ] said — well, I looked at my watch, it is
6 Q_ And Jihada is a female? 6 just about lunchtime, maybe J will swing past there
7 A A female. 4 for a minute and let him and my other friends know
8 Q_ How old is she? 8 that, ah, I am okay; things are fine; I am stil!
9 A. Now, 29 or 30. 9 getting my full pay, so 1 am not financially
10 Q Could you excuse me for a second. 10 strapped or anything, and then I called Vanessa, whq
11 (Whereupon, a brief recess was 11 is operating as a receptionist that morning —
12 taken.) 12 Q_ Receptionist where?
13. BY MR. SULLIVAN: 13 A Atthe National Archives, the Records
14 Q So you were telling me about what happened | 14 Center.
15 during your day after you made the call in the 15 Q Vanessa Adams?
16 morning, go ahead and tell me. 16 A. Vanessa Adams.
17 A. My friend had got up and took her daughter | 17 And asked her to page Skip to tell
18 to school and came back and said that she had a 18 him to meet me out front in about 5 or 10 minutes, I
19 doctor's appointment up on Grant Avenue next to 55th 19 will stop past.
20 Street. 20 Q_ And when you say lunchtime, you mean
21 Q > When you say she, your daughter or her 21 lunchtime at the Federal Records Center?
22 friend? , 22 A Lunchtime at the Federal Records Center.
23 A. The friend. And her son is a very lively 23 Q > Which would be when; when is their lunch
24° little fellow, and J didn't want to be caught with 24 hour?
Page 163 Page 165 |.
1 having to watch him for two or three hours, so I 1 A 11:15 to 11:45, and people who come in
2. just decided to go along with them. AndI ended up 2 _ later, if they want to, can take a lunch between 12
3. getting stuck with him because he fell asleep in the] 3 and 12:30.
4° car. 4 Q_ Okay, but it was what time that you made
5 Q The son is how old? 5 that call to Vanessa Adams?
6 A. Heis five now, he was three at the time. 6 A 44, 14:05.
7 Q So, whose car were you in? 7 Q And directing your attention back to
8 A Her car. 8 Murry- 20, which is the phone log, does this log
9 Q > What color was the car? 9 reflect your call to Vanessa Adams?
10 A White. 10 A Yes.
il Q And you went toa doctor's appointment YW Q And which call was that, which entry
12. then? 12 number, is there 40 to 80 on this page?
13 A Yes. 3 A Number 53, J believe.
14 Q And it was for her? 14 Q 53 is your call to Vanessa Adams?
15 A. For her. 15 A Um-hum.
16 Q And she went into the doctor's office? 16 Q And that would be at 11:08 a.m.; is that
7 A Yes. 17 correct?
18 Q Did you go in with her? 18 A. Correct. And number 52 was me checking mm:
19 A_ No, I stayed in the parking lot. 19 voice mail.
20 Q Was the son already asleep? 20 Q At 10:55 a.m.?
21 A Um-hum. 21 A 10:55.
22 Q_ Then happened? 22 Q So is that when you would have picked up
23 A was trying to think about where I could 23 Mr. Hammond's message?
24 go and spend some time -- in the mall or something] 24 A Yes.

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DARRYL MURRAY

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| representative to Mr. Roland from October 2004 1 of the college students was familiar with.
2 before? 2 Q How about, none dare call it conspiracy;
3 A Yes. 3 why did you write that on that document?
4 Q Did you have a chance to consult with your] 4 A. That is the name of another book.
5 union representative before he consulted with Mr. | 5 Q Why did you write it on that particular
6 Roland? 6 document?
7 A No. 7 A 1 was at the computer at the time when he
8 Q > He didn't discuss this with you before he 8 told me about it, and that was a piece of paper that
9 sent it out? 9 was available.
10 A No. 10 Q. Why did you highlight the document as yo
el Q Have you reviewed it since he sentit out? |11 did?
12 A Yes. 12 A Which one?
13 Q Do you believe that the letter is 13 Q > The one that has, none dare call it
14 accurate? 14 conspiracy, you highlight, NARA three or four
15 A. Parts, not everything. 15 absence.
16 Q Mr. Cassedy, in discussing your September | 16 A That was highlighted at a much different
17 2004 posting says, Mr. Murray hung other official | 17 date.
18 issuances from NARA managerial staff, as wellas | 18 Q Why did you post that document?
19 personal letters that he received from management, } 19 A Again, just -- documents that T didn't
20 and labeled them with statements that indicated his | 20 want to be disappearing from my desk, so J just
21 feelings about NARA workplace conditions. For |21 started hanging them up, to see -- 1 wanted to kno"
22 instance, one item governing workplace rules was | 22 if somebody was going to take them down and still
23 hung with the rubric, "None Dare Call it 23 stick them under my supervisor's door.
24 Conspiracy”. Did you discuss those topics with Mr} 24 Q You are saying, None Dare Call it
Page 119 Page 121
1 Cassedy before you sent this letter out? 1 Conspiracy is the name of a book?
2 A No. 2 A Oh, it is, that one ] know for sure.
3 Q You didn't discuss it at all? 3 Q > Who wrote the book?
4 A No. 4 A 1 don't know, it is on the Internet.
5 Q  Inyour statement on these three postings, 5 Q And the third document is the August 17th,
6 separate and unequal, none dare call it conspiracy, 6 2004 letter; why did you write, the plot thickens on
7 the plot thickens; referred in any way to the 7 that document?
8 documents that you wrote these subjects on? 8 A. That's ~ actually, ] wrote the wrong
9 A No. 9 thing down, it is supposed to be the Passover plot.
10 Q So the resemblance, or the similarity 10 Q_ Itis supposed to be, what?
1] between the comments and the letter is 11 A. The Passover Plot.
12 circumstantial, in your view? 12. Q Why did you write what you wrote, o --
43 A The similarities? 13 A J got the title wrong.
14 Q__ Yes, if there is any correspondence 14. Q__ Why did you write something on the
15 between the comments and the documents that they ar 15 document?
16 on, is that just accidental? 16 A. Again, just scratch paper, and ] was on
7 A No, they -- some of the letters I am not 17 the Internet, and somebody asked me to check out, o}
18 sure -- but one of them is, but it is nothing that I 18 look something up for them, I would just write it
19 wrote that is related to it, the comment about the 19 down on whatever | had available.
20 letters. 20 Q Did your statement relate at all to the
21 Q Separate and unequal, why is that written 21 events of August 2004, or the subject matter of the
22 there, on the document that it is written on? 22~=« letter?
23 A. That is involving separate and unequal 23 A 1am not following you.
24 voting rights issues, or something that another one 24 Q You say that the plot thickens, is your

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1 Q Okay. 1 statement if you want, one of your statements to the
2 (Whereupon, a document was 2 judge, and there might be another statement as well;
3 marked for identification as 3 in your statement that you called the Douglas Factor
4 Exhibit Murray-24.) 4 Statement, I can show it to you if you want, you
5 BY MR. SULLIVAN: 5 referred to be being in a road rage at the time;
6 Q Mr. Muray, this is a memo to Judge 6 were you in a rage when you made the statements that
7 Shapiro from you dated March 30th, 2006; it istwo | 7 you made to Security Officer Hughes?
8 pages; is that correct that it is something that you 8 A Yes.
9 submitted to the judge this year? 9 Q So let's talk about how you got to that
10 A Correct. 10 point, and then we will come back to a couple of the
W Q And on Page 2, the second to the last }1 other statements that you made. You said before
12 paragraph you state, "I only commented to my friend 12 that Officer Hughes came out of the building when
13 of two-and-a-half years, in confidence, that 13 you first arrived, what did he say to you at that
14 somebody ought to nuke the place for their 14 time?
15 mistreated and exploitation of the African-American] 15 A Hey, how's it going.
16 employees.” 16 Q And what did you say?
17 A I didn't use the word nuke. 17 A. Ah, just stopped past to see Skip for a
18 Q Imsorry? 18 second.
19 A I didn't use the word nuke when I -- 19 Q Did you say anything else at that point?
20 Q Yousaid, blow up? 20 A No.
21 A Yeah. 2) Q > He went back in the building; he came back
32 Q Okay. Changing nuke to blow up, is that | 22 out; what did he say to you then?
23. correct that is what you told him in -- you believed | 23 A Darryl, they said that you are not
24 tobe in confidence? 24 welcomed on the property.
Page 183 Page 185
1 A Correct. 1 Q And is that the point at which you had the
2 Q_ I will direct you to another statement. 2 emotions that you described?
3 (Whereupon, a document was 3 A Yes.
4 marked for identification as 4 Q Did the fact that you had the
5 Exhibit Murray-25.) 5 three-year-old in your car have anything to do with
6 BY MR. SULLIVAN: 6 it?
7 Q Mr. Murray, am I correct that this is an 7 A Somewhat.
8 April 3rd, 2006 memo that you submitted to Judge 8 Q Was he still sleeping at the time?
9 Shapiro -- 9 A Yeah.
10 A Correct. 10 Q I'msorry, you were saying?
1 Q Directing you to the fourth page, it looks 11 A I went in, I was in shock thinking about a
12 like you numbered it Page 6B, the fourth page that | 12 harmless visit with a small child, and J am standing]
13 I've given you. The last paragraph you said, “This | 13 and talking to friend -- I don't understand why I
14 caused me to make the inappropriate comment to my 14 had to leave. I was only going to be there -- not
15 former friend of two-and-a-half years, Security 15. like I tried to sign in, or come in the building or
16 Guard James Hughes that, ‘somebody ought to knock 16 anything. I was hurt and shocked.
17 down the building.’ I never dreamed that he would | 17 Q_ So is that the time at which you made the
18 repeat that to anyone.” Is that a statement that 18 statement that you testified to already?
19 you made to Officer Hughes? 19 A Correct.
20 A Correct, 20 Q Did Mr. -- excuse me, Security Officer
21 Q > And you thought that he wasn't goingtobe |21 Hughes say anything else to you?
22 repeating that to anybody; is that correct? 22 A No.
23 A Correct. 23 Q_ Did you say anything else to him -- I will
24 Q_ By the way, and I can show you this 24 go through some of your statements in a second, buy

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1 that posting regarding to disciplinary and adverse 1 Q And why did you put that posting up with
2 actions? 2 the highlighting about the voting rights of
3 A Something that J was looking at in the 3. African-Americans?
4 spacesaver. 4 A These papers were, like, flat down on my
5 Q > Was that related, in any way, to the 5 desk, and just to take up space, you know, so they
6 Preditor imagine? 6 wouldn't disappear, like, 1 wanted to see if]
7 A No, that was a government issued thing; 7 started taping stuff to my desk, would it not just
8 that is nothing to do with anything else on there. 8 disappear versus me just having it laying down flat.
9 Q Going back to the first page, is that your 9 Q And J am going to ask you to follow the
10 writing saying, American Government versus Americal] 10 questions on -- the second document is more
11 people (human race)? 11 decipherable on Page 7 of this Exhibit; it looks
12 A Yes. 12 like a memo to personnel from John McEvoy, you,
13 Q And what did you mean by that? 13 apparently have highlighted something referring to
14 A We have college students come in in the 14 NARA three or four absence and leave; it is a memo!
15 summer and work with us, and they had noticed that] [15 that is signed by John McEvoy, and down at the
16 did a lot of research on the Internet about race, 16 bottom is your signature; it is your signature,
17. teligion and politics, and they had recommended that | 17 correct?
18 that book would be on Amazon dot com, or something,| 18 A Yes.
19 and this is interesting to somebody like me, might 19 Q Acknowledging received?
20 be interested in reading. 20 A Yes.
21 Q What book? 21 Q > And you wrote on this document, "None darg
22 A American Government versus American 22 call it conspiracy"; correct?
23 People. 23 A Correct.
24 Q Who wrote the book? 24 Q_ And then the final document is better
Page 115 Page 117
1 A Oh, I still got to go in and look it up. 1 viewed on Page 5 of those photographs that is
2 Q Youare saying that is the actual title, 2 August 17th, 2004 letter from Ms. Washington to you}
3. American Government versus The American People of 3. correct?
4 Human Race? 4 A Correct.
5 A Um-hum. No, now, the human race thing, he | 5 Q > And you have written an arrow from John
6 was saying there was something about the feature of | 6 McEvoy's name up to — in reference to an article
7 the human race thing, so, | am not sure that is 7 entitled, The Government's Assault on the Black
8 actually part of the title or not. 8 Family; correct?
9 Q_ Below that statement, there are three 9 A Correct,
10 pieces of paper with yellow highlighting and 10 Q. And you've written, “the plot thickens” in
11 handwriting on them, did you put those there as 11 red magic marker at the bottom of this document,
12, well? 12 correct?
13 A Yes. 13 A Yes, on another day, not the sare day.
14 Q I think there are better pictures }] found, 14 Q And 1 am going back to those indirectly by
15 the first one is on Page 6 of the photographs, on 15 having marked, first, the letter from your Union
16 that you apparently written, "separate and unequal” 16 Representative James Cassedy, C-A-S-S-E-D-Y, to
17 underneath that; is that correct? 17 David Roland, dated October 21st, 2004, if I could
18 A Yes, 18 have that marked Murray-18.
19 Q And that is a memo regarding Bill Cosby's 19 (Whereupon, a document was
20 wife, gave something in a function; do you remember 20 marked for identification as
21 what that memo refers to? 21 Exhibit Murray-18.)
22 A. It was sent to one of my coworkers, and 22 BY MR. SULLIVAN:
23 she had gave it to me to read, and it was something 23 Q > Mr. Murray, if you could take a look at
24 to do with voting, voting rights, acts or something. 24 Murray-18, have you seen this letter from your union

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1 Q You submitted to us as part of your 1 _ those records sent?
2 initial disclosure federal procedures 26A1, you tend | 2 A Rand Spear.
3 torely upon, or you may rely upon, do you have any| 3 QQ Can you spell that?
4 additional persons that you want to add to that 4 A R-A-N-D S-P-E-A-R.
5 list; and you have until the end of the discovery 5 Q > What is Rand Spear?
6 period, is there anybody else that you can tell me 6 A He is an attorney.
7 that you will, at this time, that you intend to add? 7 Q_ Oh, it is the name of an attorney?
8 A Idon't know, | may call one other person. 8 A Yes.
9 Q_ Do you know who? 9 Q Where is he located?
10 A Vanessa Adams. I don't know. I don't 10 A Walnut Street.
11 think that she would be-too much help, and I don't 11 Q You contacted him with reference to your
12. want to make any more people go through this 12 car accident?
13 process. 13 A Yeah, I wanted to make sure that the car
14 Q And 1 mentioned to you in the hallway 14 that I got pushed into, ] wasn't going to have to
15 here, that we will be making supplemental 15 pay for it since ] got pushed into the back.
16 disclosures probably next week where you will 16 Q Did Mr. Spear, then, represent you in any
17 probably be identifying, as I mentioned, John Shako| 17 way related to this accident?
18 who is also referred to in the letters that you 18 A I think so, yeah.
19 received, who is in the human resources capacity for] 19 Q > What did he do for you; I don't want you
20 the National Archives, and Investigator Louis Pepe, | 20 to tell me about any conversations you had with hi
21 who we referred to in this deposition as well. But | 21 in confidence, but you can tell me what he did for
22 we will be making some supplemental disclosures to] 22 you.
23 you next week, in addition to some additional 23 A He made sure that the therapy bills got
24 documents. 24 paid, and that I didn't have to pay for the woman
Page 259 Page 261
1 One thing that I wanted to ask you 1 whose car | rear ended.
2. just before closing, if the Department of Homeland 2 Q Did you have to pay Mr. Spear any money’
3. Security does okay or produce to you part, or all of 3 A No.
4 the investigative file regarding you -- regarding 4 Q_ Did Mr. Spear or you get any monetary
5 September 22nd, 2004, and the statements that you 5 recovery from anybody related to the car accident?
6 made on September 23rd, 2004; do you consent to our) 6 A No.
7 producing that information to you, and using some, 7 Q > What did you give to the other driver, or
8 orall of the Exhibits in this case? 8 the people in the other car, if anything?
9 A I guess not. 9 A He handled that; I didn't give them
io Q > You agree to that or -- 10 anything.
i A Yeah, Okay. 11 Q_ Was there a settlement that was worked
12 Q And that would include any trial before 12 out?
13. Judge Shapiro? 13 A I think to get the car fixed.
14 A Correct. 14 Q You didn't pay Mr. Spear anything; what
15 (Whereupon, a brief discussion 15 did he get out of representing you?
16 was held off the record.) 16 A. I don't know. I never been involved in --
17 BY MR. SULLIVAN: 17 this is my first car accident, so | don't know how
18 Q Just a couple more questions, Mr. Murray; 18 it all works. Somebody said to just get a lawyer
19 did you, after your car accident in December of 19 and have him handle the paperwork in case they
20 2003, fill out an authorization for the National 20: decide to sue.
21 Archives to release records to either a law firm or yal Q Did you sign any kind of settlement
22 some entity in the wake of your car accident? 22. agreement to that?
23 A I think so. 23 A No.
24 Q Do you remember the entity to whom you had| 24 Q Did you receive any papers at all from

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| seeing this one. 1 pages that were in similar posters in the warehouse,
2 Q > Muray-2? 2 and the ones with the -- that are paler are my
3 A Murray-2. 3. comments.

4 Q This says that it is a notice to -- 4 Q_ I'm sorry, there is handwriting on this

5 proposing to suspend you for a period of 14 calendar} 5 document, there is a series of numerated comments
6 days from your position, and as a basis for the 6 beginning with 1, going down to 20, are those yours’
7 notice, it states an incident of misconduct relating 7 A. Those are mine.

8 to distribution of a Nation of Islam publication; 8 Q Okay. So, complexion, broad nose, et

9 you never seen this before? 9 cetera, et cetera, those are all yours?
10 A No. 10 A That's correct.
mT Excuse me, 1 requested some documents 11 Q. There is also a picture of, what looks
12 be sent to me, that’s when I saw it then. 12 like Jesus Christ on the document; did you place
13 Q Okay. 13 that picture on this document?
14 A. 1 didn't see it before then. 14 A. Thatis a picture of Viad the Impaler.

15 Q Did you see this in 1995? 15 Q_ That is a picture of Viad the Impaler?

16 A No. 16 A Yes.

17 Q Are you sure? 17 Q Did you place that picture on the

18 A Sure. 18 document?

19 Q_ lamnot going to mark this document yet, 19 A Yes.
20 1 just ask you if you ever seen this document 20 Q > There are words written on that picture;
21 before? 21 did you write those words?
22 A Yes. 22 A Yes.
23 Q Okay, 1 will mark it as Murray-3. 23 Q. The picture in the middle looks like a
24 (Whereupon, a document was 24 picture ofa mole, is that your understanding?

Page 23 Page 25

1 marked for identification as 1 A Yes.

2 Exhibit Murray-3.) 2 Q Inasuit?

3. BY MR. SULLIVAN: 3 A (Noresponse.)

4 Q_ Where have you seen Murray-3 before, 4 Q  Inasuit; is that correct?

5 Mr. Murray? 5 A Correct.

6 ‘A This was posted in the -- my -- the small 6 Q Are you saying that that picture was

7 picture in the left, bottom corner, minus that 7 posted somewhere in the work place?

8 picture (indicating), this was posted in the mail 8 A Yes.

9 room at 5000 Wissahickon Avenue in the National 9 Q Do you know who posted it in the

10 Archives and Records Administration office. 10 workplace?

a Q_ Isany of the writing on this document 11 A No.

42 yours? 12 Q > Why did you write on this document what
13 A. Yes, the notes in the comers are mine. 13 you wrote on this document and placed the picture |
M4 Q In the top left-hand comer it says, 14 Vlad the Impaler there?

15 “Notice Them”, and then it has a number of commenty 15 A Ihad asked Mr. Weber, was this some kind
16 beginning with | and going down to 9; are any of 16 of an insult regarding the African-American

17 those your notes, your handwriting? 17 employees there, and he said it wasn’t; he said the
18 A. Yes, numbers 1 through 20 are comments } 38 photograph was originally white, but from Xeroxing
19 found -- this was in -- this one was in the mail 19 it, that it became dark, and that was his

20 room, but there were copies of it through the 20 explanation.

21 warehouse, and ~~ but I had listed here. 21 Q. The picture of the mole?

22 Q > Letme ask you this, what, on this 22 A. The picture of the mole.

23 document is not something that you placed on it? 23 Q So, in response to that, you did what?

24 A copied these 20 comments from other 24 A. [had put the picture on here to show him

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1 things, but this was just about a movie. 1 Q Ifyou could turn to Page 3 of Murray-12,
2 Q Let me just show you briefly, Murray-15. 2. these appear to be handwritten postings stating,
3 (Whereupon, a document was 3 “Low self esteem, inferiority complex, inflated ego,
4 marked for identification as 4 jealous/envious, worthless losers, nothing ass
5 Exhibit Murray-15.) 5 employees”; did you write these comments?
6 BY MR. SULLIVAN: 6 A Yes.
7 Q. Take a look at this, this appears to be a 7 Q_ And what was your intention of putting
8 statement from the EEO proceeding that you gave to 8 these up on your workstation; who were you referring}
9 Joyce Savage, the EEO Counselor, where you referred 9 10?
10 to her as an EEO Counselor, and on Page 1 it is 10 A Status quo clique.
1} dated February 8th, 2005, about the fourth paragraph | 1) Q Meaning, who?
12 down you say, "I do believe that it might have been | 12 A. Mitchell Buffone and Dwayne Wilkerson,
13 inappropriate to display anything promoting Osama 13° primarily.
14 bin Laden's innocence where patriotic Caucasian 4 Q_ Why did you put these comments up?
15 Americans might interpret the wrong way. I believe | 15 A. It was kind of -- to let them know that]
16 that the document -- the documentary was attempting | 16 knew what they were doing as far as my items missin:
17 to exonerate Osama and reflect Islam in a more 17 and trash under my desk. J couldn’t accuse them
18 positive way.” Is it your belief that this posting 18 outright, not seeing them, but I was letting them
19 was inappropriate? 19 know by putting up adjectives that best described
20 A. I think, after reading Affidavits by 20 their personality and known character.
21 management, collected by EEOC, I think they believe] 2] Q You were letting them know, what?
22. that he did it, and I was trying to not agree with 22 A. Basically, that J knew that they were
23. the official news version and president, and they 23 behind it, because these things only applied to,
24 would get offended. And I thought that they would | 24 basically, those people.
Page 79 Page 81
1 ask me, I would just say it was what the movie was | | Q_ I believe you stated before that you
2 trying to reflect -- I didn't, you know, afterwards, 2 understood that the memorandum of the agreement th
3 then I said, well, some people believe everything 3. you reached in 1996 directed you not to post
4 that you see on the news and every word that comes 4 anything in your workstation; isn't that correct?
§ out of the president's mouth. Those people could 5 A. Not to post anything with racial or
6 possibly be offended in thinking that I wasn't 6 jous or political, offended somebody's
7 concerned, or I didn't care about the people that 7 ical party, somebody of another race or
8 died in the towers, and that was the case. 8 religion.
9 Q And you could see how coworkers, others 9 Q Pages } and 2 that we just went through,
10 might find this offensive? 10 is it your belief they didn't have any racial or
oa A Well, afterwards, J didn't, you know -- 11 religious content?
2. really being up here, me and my friends discussing 12 A No.
13. it, a guy named Tom, he was a white guy that told me 13 Q_ I'msorry?
14 about the movie. it was kind of their opinion about | 14 A No.
15 the same thing, so everybody else that is not really | 15 Q_ They did no have any racial or religious
16 into politics or ~ 16 content?
7 Q You stated that this was directed at your 17 A No.
18 coworkers; correct? 18 Q None?
19 A Yes. Coworkers that 1 was discussing it 19 A No.
20 with, not all the coworkers in the building. 20 Q. Are you saying, no content -- no racial or
21 Q. Asof today, do you believe that the 21 religious content?
22 writings and comments are inappropriate for the 22 A. Noracial or religious slurs or derogatory
23 workplace? 23 comments.
24 A No. 24 Q Or content at all?

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Bomuausuna

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Page 222
the employees because of the low intelligence. I
remember a situation, once, where an employce by thq
name of Lee Robinson -- ah -- Mr. Weber was telling
him -- like mocking him, to think hard, now; before
you answer the question, think; because he was
making fun of him because he is kind of slow.

Q_ Mr. Robinson is what race?

A Mr. Robinson is Afro-American.

Q. And you are saying that the nitpicking,
harassing that he did it, of you and others in your
view was based upon just him seeing employees as
having low intelligence?

A Yes, and I think that he based the fact
that they all had low intelligence, because they
were of African descent.

Q You said that Caucasian employees also did
not like him?

A Ah- just -- ah -- Mr. -- Buffone didn't
like him, he tried to, I think that he tried to fire
him quite a few times. Each time was Mr. Buffone's
fault, though, but that is in the same category.

But a lot of times you characterize or I might
characterize people being racist or discriminating
against people who have some serious issues within

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20
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Page 224
mostly status quo people, and at times they, kind

of, let me know that they got to do what they are
toid, or vote a certain way without, you know, being,
too incriminating. But everybody knows that it is
up to a director who gets the promotion or not,
because -~

Q So you are saying that he blocked you from
promotion?

A Yeah. Normally, he would go out and tell
whoever he wants to get a promotion, to put in for
it, and usually that person would get it. People
who are not in the status quo clique knows that
unless management tells you to put in for it, you
are wasting your time putting in for it, they
already got a person fined up for it regardless of
their qualifications or whatever.

Q_ Did he ever state anything to you stating
that he was keeping you from a promotion, or is this}:
your speculation as to what happened?

A Everything is, generally, speculation
because nobody comes right out there, no one come
out and states too much. They have people — they
have -- their philosophy or motto is, don't get mad,
get even. I heard the status quo and people talk

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WNNNYSC eee eee
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Page 223
themselves, and it comes out in the workplace.

Q_ And that is your speculation, then, that
some of this — in your mind, had a racial basis?

A Yes.

Q Did he ever state anything to you that
indicated a racist attitude?

A. Tome, 1 could never understand why he was
so mean and laughing and irritable the way he was,
and the reasons why he would try to block me from
advancing. And J didn't have any feelings about him
one way or the other, and I just started to search
in myself and try to figure out why this man acted
this way; why is he going this; and the first thing
that always comes to a so called, my Murray's mind,
when they are having problems, white people, the
first thing that comes to their mind that it has to
be race, not always that, but it is one of the first
things that comes to mind.

Q Now, you said that he blocked you, in what
way did he block you?

A Influencing the status quo people, like —
really, the director or whoever is in charge of
hiring the person, promoting them, will get advice
from his supervisors, or work coordinators who are

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21
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Page 225
like that. Actually, openly come out and attack
you; they do everything from behind the scenes, ang
that is how things are able to go on for such a long
time, because if no one actually says anything to
you, or attacks you, in turn, the only person that
you can turn to is management or the director, and
he happens to be the puppeteer, then you got no
choice but to just try to get through the day and
get your paycheck and get out of there at the end off
each day.

Q_ Now when you say Mr. Weber was removed
from his position due to his racist beliefs and
attitude, what is your basis for that?

A. Oh, I think right around that time, when
he was removed, | think -- I think Kim Parker was
the person who had filed some kind of complaint
against him relating to racist or discrimination; I
didn't get into the personal specifics of the case.

Q > What year was that; do you remember?

A '94,'95 -- no, no, this would be '96,

‘97, sometime around there.

Q And Mr. Weber went to what position at
that point?

A Ah- what is his title? They just stuck

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1 A Right. 1 of those expenses that you are seeking reimbursement]
2 Q  ~ but rather that you lost your medical 2 for, please send that to me; okay?
3. insurance? 3 A Okay.
4 A Correct. 4 Q_ That is part of the initial disclosures
5 Q_ And you believe that you were wrongfully 5 that we sharing with each other.
6 terminated, therefore, you should have had medical | 6 Have you had any new medical problems
7 insurance; correct? 7 since October 1st, 2003?
8 A Correct. 8 A No.
9 Q Have you since, 2000, seen, consulted with 9 Q > Have you received any Social Security
10 anybody for any mental health condition, any 10 disability, or Social Security benefits?
11 psychiatrists, phycologists, social worker regarding i A No.
12 any mental health issues? 12 Q. Ever?
13 A No. 13 A No.
14 Q_Inyour November 6th, 2006 letter to me 14 — Q_Inmy Interrogatory number 9, National
15 you said, please forgive me, I was incorrect whenI }15 Archives Interrogatory number 9, we asked you
16 stated new medical expenses since October Ist, 2004} 16 whether you have received any of various sorts of
37 no claim for compensation is requested. I had 17 benefits, worker's compensation, FECA, various
18 expenses for -- I have had no expenses for 18 others, you responded negative; does that mean that
19. psychiatric or psychological treatment. Iam only | 19 you haven't received any of those —
20 requesting compensation for monthly office visits 20 A No.
21 and existing medical expenses. You can disregard | 21 Q — that we asked about?
22. the release form. 22 A Ub-uh.
23 ‘Now J am going to have you sign the 23 Q And regarding welfare benefits, you
24 release form, but when you stated that there areno | 24 attached a September 27th, 2005 not eligible notice
Page 251 Page 253
} claims for compensation, and there are no new 1 anda written notice for general assistance; is that
2 medical expenses since October Ist, 2004, what do | 2 correct?
3 you mean? 3 A Correct.
4 A Oh, I thought that the question was asking 4 Q You had applied for general assistance but
5 me, asa result of me getting fired, did I go seek 5 never received it?
6 any doctors like psychologist or psychiatrists, but 6 A Right.
7 Ididn't. 7 Q Have you ever received any medicare or
8 Q But you have seen Dr. Jaffe? 8 medicaid benefits since September 22nd, 2004?
9 A Yes. 9 A No. New laws make me ineligible.
10 Q_ And you are seeking reimbursement of the | 10 Q_ Tasked you if you have any original
11 money that you paid to him? 1} documents that you posted at your workstation at an;
12 A Correct. 12 time in 2004, and you responded that you did not; is
13 Q_ And that would be $30 a month, 13. that correct?
14 approximately? 14. A Correct.
15 A Yes. 15 Q > Have you ever been a party, a plaintiff or
16 Q And if you could particularize for me 16 a defendant to any lawsuit other than this one?
17 what, exactly, what you paid to Dr. Jaffe and any 17 A No.
18 other medical practitioners to the extent that you 18 Q > Resulting from your car accident in 2003,
19 haven't already done so -- 19 was there ever a lawsuit filed by the other
20 A Yeah. 20 plaintiff?
21 Q  — that you are seeking reimbursement for; 21 A No, just therapy that was it; that's all 1
22 you don't have to do that here, just when you send | 22 needed.
23 me the information, make sure if you haven't already) 23 Q_ Did you file -- did you ever retain a
24 given me the back-up documentation, the itemization 24 lawyer in that?

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1 else ignored it like I perceived it. 1 discriminating against a person.
2 It is my intention that nothing up 2 My problem with the National Archives
3. there -- just this whole incident involves 3 with one or two individuals is purely personal, they
4 harassment. 4 just personally don't like me as a person. | think
5 Q_ But your answer is that, even if your 5 it is our Catholics, they feel the same way.
6 interpretation of what management intended by the 6 Q > Who are those people?
7 August 17th, 2004 letter is wrong, and that the 7 A John McEvoy and Mitchell Buffone,
8 prohibition was broader than you understood it, you 8 exclusively.
9 still don't see the content of any of your postings 9 Q_ But you believe the main reason why the
10 in August and September being of a nature that would) 10 action that was taken against you was for personal
11 be offensive to any of your coworkers or management? 1] reasons, that these individuals didn't like you?
12 A Correct. 12 A More so. More so.
13 Q Do you understand after you removed the 13 Q > More than for religion or race?
14. postings on August 17th, 2004 that because you had | 14 A Yes.
15 removed them, you were not going to be disciplined | 15 Q Okay.
16 for those postings unless you posted new information | 16 I want to turn to what happened on
17 that was prohibited under the August 17th -- 17 September 16th, 2004, let's just take a second here.
18 A. Yes, 1 understand that. 18 Tell me what happened after the
19 Q_ So if that was the case, if you were not 19 postings were discovered at your work station on
20 going to be disciplined for your August 17th posting | 20 September 16th, 2004; tell me what happened that day
21 unless you posted some new materials that were in 21 at the workplace?
22 violation of the August 17th letter, how was it that 22 A It is my understanding that John McEvoy
23 there was religious discrimination against you based | 23 and David Roland, evidently, came into the building
24 on the August 17th, 2004 postings? 24 prior to normal operating hours, probably between 5
Page 143 Page 145 |.
1 A am basing it on harassment, because I 1 and 6, and discovered the items on my desk, and felt
2 think, again -- the court, when I first started the 2. that there was something threatening, and by the
3. lawsuit, that it is harassment with religious 3. time that | arrived at the building, I was given the
4 overtones. | think that the fact that ] am Islamic 4 letter of September 16th. Turned in some items, and
5 ig the origin of the others. | think if] were a 5 I signed it, agreeing with it only that ] hadn't
6 member of any of the Christian denominations, it | 6 been charged with anything. It was just, you know,
7 wouldn't have been an issue, but being Islamic, and 7 doing an investigating — like | said before, I
8 they are discriminating saying, you don't havea 8 assumed that it had something to do with Hong Diep.
9 right. 9 Q So that was 5 or 6 a.m. in the moming --
10 See, in reality it doesn't have 10 A Yes,
11 anything to do with race, religion or politics, that | 11 Q  -- before you arrived for work?
12 is just a prefix that management was using to try tol 12 A So, what happens the rest of the day,
13 enforce their will on me, or something. So, it is 13 after I left —
14 — it is kind of hard to understand where religious | 14 Q_ Tell me what happened while you were
15 discrimination ~ how anything comes into play in | 15 there, to you; what did you do; what did people say
16 this case, except that it just boils down to 16 to you; where were you?
17 harassment. 17 A When I arrived in the building about ten
18 Q_ So your view is that, at its core, what 18 minutes to six, took my bags into where ] usually
19 happened to you, was just harassment as a person 19 pick up my work at. My supervisor, Liz Washington,
20 without there being a religious basis, or a racial 20 approached me and said John McEvoy wants to see yor
21 basis? 21 inhis office. I walked her into his office; we sat
22 A Well, the basis is -- would be Islam. You 22 down; he handed me the paper; } read it; I was
23 can harass a person without discriminating against 23 waiting for him to start discussing it, and he just
24 them, and then you can, also, harass them by 24 continued on like he was working on something else;

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1 {signed it and I looked at my supervisor and just 1 A Yes.

2. tured in my badge and everything. Went out to my| 2 Q_ Itsays, "In order to remain in the paid

3 locker and cleaned that out. I think that I told my 3 status, you are ordered to call me, McEvoy, every

4 supervisor it will be straightened out, 1 should be 4 Wednesday at 10 a.m. If} am not available when you
5 back real soon. 5 call, you must leave a telephone number where you
6 Q Your supervisor, Ms. Washington? 6 could be reached"; correct?

7 A. Miss Washington, and I noticed Dan Bedeser| 7 A Correct.

8 came up near the front door, just to watch and see 8 Q And then you sign it, that fetter, that

9 what I was doing. 9 you had read it and understood it?
10 Q And Dan Bedesen at the time was, what? 10 A Correct.
i A Assistant director. il Q > Were you told anything about whether you
12 Q You saw him, then what happened? 12 were permitted to return to the property while you
13 A I handed my supervisor, Liz Washington, 13 were on leave?

14 the keys to my locker, told her it would be okay, 4 A No.

15 things will get straightened out; 1 should be back 15 Q Did you have any beliefs at that time

16 soon, and just got in the car, went home, and fell 16 about your ability about whether it was okay for you
17 asleep watching TV. 17 to return to the property?

18 Q Did Mr. McEvoy say anything to you beyond 18 A No, I hadn't made any plans.

19 what you already said? 19 Q Now, before we tum from the issues of the
20 A No. 20 postings onto the next stage in the case, had you
21 Q Did Mr. Bedesen say anything to you beyond| 21 observed while you were still working at the Federal
22 -- weil you said he didn’t say anything to you that 22 Detention Center (sic), any postings --
23 day? 23 A Federal Detention Center?
24 A He didn't say anything. 24 Q Excuse me, while you were working at the

Page 147 Page 149 |’

1 Q Did Ms. Washington say anything to you 1 Federal Records Center, any postings that were

2. that day beyond what you already told us? 2 similar to yours in terms of the political content?

3 A No. 3 A No.

4 Q Did you talk to any other folks in 4 Q Now, any that were similar to your

5 management, or any coworkers before you left that 5 postings in August or September of 2004 in terms off
6 day? 6 their political content, and your answer to that is?

7 A No. 7 A No.

8 Q 1am showing you what has been previously 8 Q Had you, during that time or any time,

9 marked Murray-J4, the September 16th, 2004 letter 9 observed at the Records Center, any postings that
10 from John McEvoy to you, signed by John McEvoy, anfil0 were similar in religious content to the postings

11 then also signed by you at the bottom; is that the 11 that you posted in August 2004, that you say have
12 letter that you are referring to? 12 religious content?

13 A Yes. 13 A Only someone's screensaver had something
14 Q And that states you will be on 14 Jesus and posting similar, like Allahu, that means
15 administrative leave until further notice; correct? 15 God is good or great, and other people had God is
16 A Yes. 16 good or great in English. That's about it.

17 Q > That means that you will be paid your 17 Q So, statements about their faith?

18 regular salary until notice; correct? 18 A (Witness shakes head.)

19 A Correct. 19 Q Did you, at any time, while you were at

20 Q And at this time, you should turn in your 20 the Federal Records Center observe any postings by
21 NARA personal identification badge and any NARA | 21 any coworkers or managers that made disparaging
22 property that you have in your possession? 22 remarks toward any coworkers?
23 A Correct. 23 A If it did, I didn't see it, or if | did
24 Q_ And you did do that? 24 see it, ] wouldn't know it was disparaging unless it

" § (Pages 146 to 149)

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Page 206 Page 208

1 intertwined with the original complaint about the | 1 go to terminate an employee, because there is so

2 postings, and then the second complaint about the 2 many other options, and they call it this Federal

3 threat. It is kind of taking on a second character, | 3 manager's guide. And! thought they would want th
4 which they should be dealt with separately, but they 4 death penalty without ascertaining all the facts or

5 used the second incident with the threat to 5 taking into consideration the aggravating

6 reinforce the first complaint about the postings. 6 circumstances.

7 If} had never went there that day, on September 7 Q > Mr. Murray, | am going to mark as

8 22nd, I don't think -- 1 don't think -- J think if 8 Murray-26.

9 Mr. McEvoy would have went for a termination, I} 9 (Whereupon, a document was
10 don't think personnel would have — 10 marked for identification as
M1 Q You are saying just the postings — WW Exhibit Murray-26.)
12 A Yeah. 12 BY MR. SULLIVAN:
13 Q But tuming back to threat, what about the | 13 Q Mr. Murray, this is a September 24th, 2004
14 termination based on the threats, do you think it 14 letter notice, style of notice from John McEvoy to
15 was religious discrimination? 15 you stating to promote the efficiency of the
16 A I think it has — ah — I think they took 16 Service, I propose to remove you from your position|
17 it more seriously because it involved a person of 17 and it states the instance of misconduct,

18 the Islamic religion. 18 insubordination as one, it is alleged, and making
19 Q But you are saying that you would have 19 threatening remarks. On the final page, there is a
20 done the same thing if you would have been in theig20 statement that I will refer to in a moment; do you
21 position, if those statements had been presented to | 21 remember receiving this letter?
22 you -- 22 A This?
23 A. Yeah, I would have made the proposal and | 23 Q. Yes, this letter.
24 followed through, but I would have gotten more | 24 A Yes.
Page 207 Page 209

1 statements, and I would have questioned the person | 1 Q And did you receive it in September of

2 involved rather than just — they did what they were | 2 20047

3. supposed to do, but then only partly did they do 3 A Yes.

4 what they were supposed to do, they never really 4 Q Itstates on the third full paragraph on

5 conducted a complete investigation. 5 the last page, within 15 calendar days of your

6 Q But you agree that your union 6 receipt of this notice, you may reply in writing, in

7 representative did make a statement on your behalf | 7° person or both to David Roland, Assistant Regional

8 in October 2004 before the final decision was made;| 8 Administrator, setting forth any pertinent facts or

9 correct? 9 extenuating circumstances or other information you
10 A. Yes, he made a statement. 10 desire to submit. You may also submit Affidavits in
1 Q You read that statement after it was sent 11 support of your reply and may be represented by an
12 out, you read it in October? 12 attorney or other representative. In addition, you
13 A Yes. 13 may designate a union representative in this matter,
14 Q And you never wrote to the National 14 did you read this letter?

15 Archives to correct anything in the statement, 15 A Yes.

16 correct? 16 Q_ Did you, in response, do anything other

7 A Correct. 17 than authorize your Union Representative, James
18 Q_ And you never made an additional statement 18 Cassedy, to submit a reply on your behalf?

19 before Mr. Roland made his final statement, correct?] 19 A I contacted a lady by the name of Miss
20 A [knew that it had to be more than just an 20 Elizabeth Kim, who handles alternative dispute
21 alleged -- ah - threat that there was more to it, 21 resolution, and she didn't have any kind of success
22 and J believe that the religious factor was 22 with trying to set up a meeting for us to discuss
23 something that was having them go for the — ah-- |23 it,
24 what I seen and call the death penalty, is when they 1 24 Q But you read this, yet you didn't submit

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Page 102 Page 104
1 correct? 1 14 feet in the air to get boxes -- retrieve boxes
2 A Yes. 2 froma shelving, and there was a ladder sticking of
3 Q. Okay. 3. of the aisle, and as I was walking over to it, it
4 A So, Lam, kind of -- } am, kind of, 4 was half-way in the aisle, and | didn't know that he
5 convinced that him and Buffone, together, without 5 was going to be standing at the very top of it, and
6 actually clarifying who would do what. 6 just went to pull it out, and he was on top of it,
7 Q Going back to Murray-12, for example, 7 and since he can't talk, he just started kicking his
8 revenge is a dish best served cold; you are saying 8 foot at me, and just gave me, like, a real nasty
9 that referred to Mr. Diep, D-I-E-P, did it refer to. 9 look, and I just looked at him, too.
10 Mr. Diep or Mr. Buffone, or both? 10 Q When you were saying that you were givin
BT A Itcould be both because I don't know who 11 him the evil eye, what do you mean by that?
12 scratched the car. 12 A [was letting him know, don't kick your
13 Q But you had concems about Mr. Diep in 13 foot at me; I was staring at him.
14 August of 2004? 144 Q When was that?
15 A Yes. 15 A _ Just before 1 went out on administrative
16 Q Did you ever confront him about those 16 leave.
17 concerns? 7 Q Was it before or after the August postings
18 A. No, he can't speak, and he can't hear, and 18 were removed?
19 LT wouldn't want to do anything that would make him] 19 A Before.
20 think that I was trying to scare him. 20 Q Apart from your statement that you believe
2 Q And you say, I decided to retaliate by 21 that possibly the Fahrenheit 9/11 documentary
22 posting those scary statements that referred to; is 22. portrayed a figure who had a religious aspect to
23 that your goal to retaliate against Mr. Diep, or 23 him, is there anything else that you posted in
24 whoever you thought responsible for these actions by 24 August that you believe had religious content; this
Page 103 Page 105
] posting those statements? 1 is Murray-12.
2 A Yes. 2 A No.
3 Q Did you ever come to learn that somebody | 3 Q Okay, do you agree that you did end up
4 was the source of a complaint about you that led to] 4 posting some more document, then again, after Augus}
5 the August 17th, 2004 letter? 5 17th, 2004 at your work station?
6 A Just what everyone generally believes; 6 A Yes.
7 there is no hard evidence, but everyone at work 7 Q Why would you post anything again after
8 believes that it was him, also. 8 you received the August 17th, 2004 letter from Ms.
9 Q I'm sory, who? 9 Washington?
10 A Everyone believes that the source of the 10 A. There was nothing else regarding racially,
11 original complaint was Mr. Buffone. 11. or religious, or politically offensive tenures. 1
12 Q So it is your understanding then -- was it 12 mean, other people have postings on their desk, use
13 your understanding in August 2004, that someone, | 13 paper clippings that might deal with something --
14 regardless of whether you think they had a basis or | 14. copies of Time Magazine, News Week that deals with
15 not, that someone had claimed that they were 15. racial and politics, but the difference would be,
16 offended by these statements that you had posted? | 16 the stuff was not offensive. It was not that I
7 A Yes. 17 can't put my Karon on the desk, but they can't —
18 QI won't mark this right now, but in 18 they didn't bother me about that because you can't
19 October 6th, 2004 statement, you are referring to --| 19 say that somebody's bible is special.
20 if you want to see, just let me know, the evil eye 20 Q Ms. Washington in her FEO Affidavit
21 was given to Mr. Diep after an almost altercation |21 stated, 1 found at times when ] gave Mr. Murray
22 between Mr. Diep and myself; can you explain that? 22 instructions about things, he sometimes had
23 A We were in an area designated as Stack D, | 23 difficulty following what 1 wanted him to do; I
24 and we have ladders that allows us to climb about | 24 found that sometimes he had very strong opinions and

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1 in’95, "96? 1 Q Has Mr. Weber ever said anything to you
2 A. Director. 2 that you consider racist or inappropriate?
3 Q You referred to him as a notorious racist 3 A No, I never had any problems with anybody
4 and persecutor of the black race. Mr. Weber was 4 directly bringing that kind of stuff to me.
5 removed from his position due to his racist beliefs 5 Q Did you ever have any issues yourself with
6 and attitude. Mr. Weber is sesponsible, more than 6 Mr. Weber?
7 any other person, from blocking my promotion to th¢ 7 A. Yes, back in '93 or '94, 1993 or 1994.
8 GS-4 level. Can you explain what the basis of those] 8 When our workload was low, we had a system where
9 comments are? 9 were given a number and to call in on it and the
10 A. Sure, but can J do it right after 1 come 40 answering machine would see whether or not you
li back? 11 should come in if there was work. And Mr. Weber
12 Q Yes. 12 would always put my name in on two different days,
13 (Whereupon, a brief recess was 13 every week, it wouldn't be the same, and I would
14 taken.) 14 only come in for an hour, and then 1 would be sent
15 BY MR. SULLIVAN: 15 home. He does a lot of nitpicking, and anything
16 Q Mr. Murray, before we broke for you to go} 16 that he can think of to harass you and irritate you.
17 out to the parking meter, we were talking, about 17. And then he tried to get rid of me for not coming
18 Mr. David Weber, and I stated, restated one of your | 18 in, answering the machine; and | told him, well, if
19 EEO statements regarding him, do you want me to 19 there is no work, why don't I just leave for a
20 repeat it, or do you want to tell me what you 20 period of time and try to find something else
21 remember? 21 instead of being tied to the phone each night. That
22 A. I think I remember it pretty well. 22 was a big problem.
23 1 think -- ah -- David Roland has 23 Q_ This is all in'93, '94?
24 partly been accused more than anybody else of being 24 A Ah-— around that time, yeah.
Page 219 Page 221
1 racist and -- 1 Q_ And he was in what position at that time?
2 Q_ No, I was talking about David Weber, you 2 A He was director then.
3. are talking about David Roland. 3 Q_ Ofthe Federal Records Center?
4 A Oh, David Roland, | said David Weber. 4 A Yes. And other than the nitpicking thing,
5 David Roland has no connection with David Weber. | 5 anything he can do to irritate you.
6 Q I'm sorry. So you are not talking about 6 1 think he was raised to be the way
7 Mr.-- Weber - has been accused more than anybody | 7 he is. He said that his father -- he didn't tell
8 else about what? 8 me, he told a close friend of mine, that his father
9 A. Being a racist or discriminating against 9 was aracist and he was raised up to be that way,
10 employees. Just from hearsay, I think he's had a 10 but he tried all of his life not to be that way.
11 ot of complaints from my coworkers who filed forma] 11 Q > He is — what is his race?
12 complaints, and J think he was involved in a 12 A. Caucasian.
13 lawsuit, but — um — 13 Q Do you know what his religion is?
14 Q Do you know who made those accusations? 14 A Ah- atheist now.
18 A. think Kim Parker had one formal lawsuit, 15 Q Do you know what he was formally.
16 or at least a complaint about something. 16 A Catholic.
1? Q Anybody else? 17 Q You were saying about his father?
18 A Nobody likes him, but J don't know what 18 A Um -— his father raised him to be -- but
19 they've done about it in their personal —- 19 he tried all his life not to be. But I don't think
20 Q > Are you talking about employees of -- 20 that he tried hard enough.
21 A Employees. 21 Q Do you have any basis for believing that
22 Q - ofa particular race, or general? 22 when you characterized harassment or nitpicking ha
23 A. I think generally; I think even Mitchell 23. any racial or religious component to it?
24 Buffone hates him probably more than anybody else. | 24 ‘A I think he liked to harass and nitpick on

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Page 254 Page 256
1 A Ne. 1 Q Were you convicted of any -- charged with,
2 Q_ Did anybody ever sue you? 2. or convicted of any felony?
3 A No. 3 A No.
4 Q Did your insurance company, or somebody 4 Q > Were you charged with, or convicted of any,
5 else's insurance company ever have any kind of legal | 5 aggravated assault?
6 proceeding regarding that accident? 6 A No.
7 A No. 7 Q_ Are you absolutely sure?
8 Q_ So you've never been involved in any civil 8 A The judge told me he was not going to give
9 lawsuit, ever, other than this one? 9 me any felonies, because he did not want to ruin m
10 A Right. 10 record if wanted to go to school; that's what he
VW Q Have you ever been charged with anything 11 told me.
12. criminally? 12 Q > Were you charged or convicted of
13 A No. 13 possession of an instrument of crime?
14 Q So you've never been convicted of anything 14 A No, that is simple assault - I meana
15 criminally? 15 misdemeanor. q
16 A. Criminal -- is simple assault criminal? 16 Q > Were you charged or convicted of reckless |-
17 Q_ Tell me what you've been - 17 endangerment? :
18 A Ah-I- 18 A I was charged with everything, charged
19 Q Let me just show you first, quickly, your 19 with all those things, only convicted of --
20 Affidavit which is Murray-17 — this was already 20 Q_ So you were charged with aggravated
21 marked as Murray-19 at the November 18th, 2004 EE@21 assault?
22 statement that you made in this case, just take a 22 A Correct.
23 look at it; is that your statement? 23 Q_ Charged with possession of an instrument
24 A Yes. 24 inacrime? .
Page 255 Page 257
1 Q_ And you submitted that in the EEO 1 A Correct.
2 proceeding? 2 Q > Charged with reckless endangerment?
3 A Correct. 3 A Correct.
4 Q Directing your attention to Page 13, is it | 4 Q_ But you were only convicted of simple
5 correct that you state there, the only thing that I | 5 assault?
6 have been convicted of in the past 42 years of my 6 A Correct. I had one year of non-reporting
7 ~~ life is a parking ticket? 7 probation.
8 A Correct. 8 Q_ Did you serve any time in jail?
9 Q_ You did state that? 9 A No.
10 A Yes. 10 Q Okay. So it was one year probation?
11 Q_Isit true? 1) A Yes.
12 A Again, I thought that convictions were for 12 Q And this arose from what incident?
13. criminals were felonies, | didn't know that a 13 A I got into a fight with my wife's two
14 misdemeanor, or being found guilty of a parking | 14 _ brothers.
15 ticket was criminal, but a simple assault or 15 Q Okay.
16 fighting is criminal, then yes. 16 A Social — domestic dispute.
17 Q_ Then yes, what? 17 Q_ This was in 1983, around 1983?
18 A I was found guilty of simple assault. 18 A Yeah,
19 Q > When was that? 19 Q_ So your explanation for saying that you
20 A I was 22 years old. 20 have never been convicted of anything in 42 years in
21 Q > Where was that; what court? 21 this statement is-what?
22 A City Hail. 22 A No felonies.
23 Q Philadelphia Common Pleas Court? 23 Q Okay. You've never been to Chicago?
24 A Um-hum. Yes. 24 A No.

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Page 6 Page 8

1 A Yes. } address?

2 Q Ifyou do not understand one of my 2 A. 112 West Champlost Avenue, Philadelphia]
3 questions, please let me know, and J will try to 3. PAW

4 rephrase it in a way that is understandable to you; | 4 Q C-H-A-M-P-L-O-S-T?

§ okay? 5 A Yes.

6 A. Um-huh. 6 Q > What is your Social Security number?

7 Q_ Ifyou do answer, | am going to assume 7 A 17)-56-5399.

8 that you understood my question; okay? 8 Q_ Have you ever been deposed before?

9 A. Um-hum. 9 A. Not personally; J have been at them with
10 Q You just said, um-hum twice, by that, did ]10 other people, but I have never.
11 you mean, yes? u Q You have never been deposed?
12 A Yes. 12 A No.
13 Q Okay, and as you know, one of the 13 Q 1 am going to ask you some questions, to
14 important things about a deposition, and one of the| 14 speed -~- in away that will speed things along. 1
15 important things to do is to make sure your 15 know a little bit about you from the file so, 1 am
16 responses are oral in words, not shrugs of the 16 going to ask you, for example, you graduated from|
17. shoulder, not um-hum, but yes, no, or a substantiat¢ 17 Germantown High School; is that correct?

18 response; do you understand that? 18 A Correct.

19 A Um-hum. Yes. 19 Q > What year?
20 Q_ The other thing is, we have to be careful 20 A 1980.
21 not to talk over each other; [have a tendency to do] 21 Q And did you then go to Temple University4
22 that, please let me know that ] am talking over youf 22 A Yes.
23 answer, and J ask that you not speak over my 23 Q_ What year did you start there?
24 questions and you wait for me to finish before you 24 A ‘82.

Page 7 Page 9

4 respond; is that understandable? 1 Q And how long did you attend?

2 A Yes. 2 A. Till '87.

3 Q Agreeable? 3 Q Were you full-time, or part-time?

4 A Agreeable. 4 A Full-time.

5 Q_ Ifyou don't know the answer to a 5 Q Did you get a degree from Temple?

6 question, you can certainly say, ] don't know; do 6 A Yes.

7 you understand? q Q What was your degree?

8 A. Understand. 8 A Bachelor of science.

9 Q_ Ifyou don't remember the answer, if you 9 Q__ In what subject area?

JQ don't remember what J am asking you about, you cary 10 A. Chemistry.

11 certainly say J don't remember; do you understand? | } 1 Q Doyou have any minor subject areas?

12 A lunderstand. 12 A Mathematics.

13 Q Are you on any medications today that 13 Q. Were you ever married?

14 would impair your ability to understand, listen to 14 A Yes.

15 and respond to my questions? 15 Q. Are you married currently?

16 A No. 16 A Separated.

17 Q Today present is John Davenport, Agency 17 Q Youare not divorced?

18 Counsel, and you met him before? 18 A. Inthe process.

19 A Yes. 19 Q How many times have you been married?
20 Q Please state your full name. 20 A Once.

21 A. Darryl) Murmay. 2h Q_ And were you married to Kathy Lynn Cross
22 Q Do you have any middle name? 22. L-Y-N-N C-R-O-S-S?

23 A No middle name. 23 A Yes.

24 Q And what is your current address, resident 24 Q Andis her date of birth, August 23rd,

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1 building? 1 Q - Did he ever re-emerge beyond just putting
2 A Correct. 2 his head out?
3 Q And before he went back into the building, | 3 A No.
4 youhad made a statement to him? 4 Q > And where was Miss Jones when he did that’
5 A Correct. 5 A. At the rear passenger side door.
6 Q Had he made a statement to you? 6 Q_ She stayed there the entire time?
7 A No. 7 A Yes.
8 Q When did you first see Miss Jones, where 8 Q Then what happened?
9 was she? 9 A. There was more dialogue between me and
10 A She was exiting the front of the doors. 10 Mr. Hughes at that particular time.
il Q And then what did she do? 1 Q Where was he when that occurred?
12 A Walked over to my car. 12 A. Sticking his head out the front double
13 Q Where did she walk -- which part of your 13. doors.
14 car? 14 Q Could you hear him during that dialogue?
15 A. She came over to the passenger's side rear 15 A Yes.
16 window. 16 Q Then what happened?
7 Q_ Rear window; was the window up or down? | 17 A More people were coming out to go to
18 A. Might have been half-way up. Might have 18 lunch, getting in their cars, and when I made my
19 been. 19 last statement to him — :
20 Q > Was it down -- do you know for sure 20 Q_ Tohim, being Officer Hughes?
21 whether it was down at all? 2t A ~— Officer Hughes, { put the car in drive
22 A For sure, I don't know. 22 and left the facility.
23 Q > Were any of your windows down at the time] 23 Q. And did you exit out the main gate?
24 A. The front two windows, driver and 24 A Yes.
Page 175 Page 177
1 passenger side were down. 1 Q So let's get into some of the specifics.
2 Q Are you sure about that? 2 By the way, before you exited, did Miss Jones ever
3 A Yeah. 3 leave the rear passenger side of your car?
4 Q She went to the side, the passenger side 4 A No, not that I remember.
5 rear, and then what did she do; don't tell me the 5 Q Was Officer Hughes's head still poking out
6 content of any statement yet. 6 the door at the time that you exited the property?
7 A She questioned me about the little boy. 7 A Yes.
8 Q. The little boy? 8 Q Did you speak to anyone else other than
9 A Yes. 9 Miss Jones and Security Officer Hughes while you
10 Q_ Did you have a discussion about that? 10 were on the Federal Records Center property that
il A Yes. 11 day?
12 Q_ Did she remain at the rear passenger 12 A Just people I waved to.
13. window during that discussion? 13 Q Did you speak words to anybody else?
14 A Yes. 14 A No verbal to anybody.
15 Q_ And then where did she go, or what was thd 15 QI want to show you your EEO Affidavit
16 next move? 16 which is Murray-17; if 1 could direct your attention
17 A That's when James Hughes re-emerged frorp 17 to Page 10, this is your Affidavit; correct?
18 the building the second time. 18 A Correct.
19 Q. And where did he go when he re-emerged? | 19 Q_ You will see there where | highlighted,
20 A He just stuck his head out of the double 20 you state that, "After Miss Jones and | talked for
21° doors. 21 awhile, | believe that she left and was gone when
22 Q > Were you able to hear him when he came | 22 Security Guard Mr. Hughes came out to approach me.
23 out? 23 1s that your statement, your EEO statement, is that
24 A Yes. 24 what you stated?

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Page 166 Page 168
1 Q Okay. So you called Ms. Adams and she 1 passenger with you?
2 told you what? 2 A Correct -- not correct.
3 A She paged him, and -- 3 Q Are you sure?
4 Q That she would page him? 4 A. Yes, she was still inside.
5 A Yep. 5 Q Okay. You said that you came to the
6 Q And no further discussions? 6 workplace, you were in the white car; correct?
7 A No. 7 A Correct.
8 Q Okay. Then what happened? 8 Q Did you park your car when you arrived?
9 A. I drove there, I drove to the Federal 9 A No. | put it in park, but I didn't pull
10 Records Center, pulled up near the front door -- 10 up into a parking spot, thought Skip would be coming}
ai Q You drove, was anybody with you? 11 out and I would only be there —
12 A. The three-year-old child. 12 Q Mr. Hammond?
13 Q > Was anybody else with you? 13 A Mr.Hammond. Maybe a hot minute or so, 50 |:
14 A No. 14. I didn’t pull into a divided line parking spot.
15 Q Was your friend with you? 18 Q Where did you pull up the car, or where
16 A No, she is in the doctor's office. 16 did you put the car?
17 (Whereupon, a brief discussion 17 A. Perpendicular where the car was --
18 was held off the record.) 18 perpendicular to the front door, it is about 30 feet
19 BY MR. SULLIVAN: 19 from the door.
20 Q Mr. Murray, 1 am going to show you a 20 Q > When you say perpendicular - why don’t
21 document that you submitted to Judge Shapiro in thig 21 we, without marking it, just go off the record for a
22 case, it is your style, it is a Staternent of Facts; 22 second so you could draw me a little diagram.
23 itis a 15 page document, and I will mark it as 23 (Whereupon, a brief discussion
24 Murray-23. 24 was held off the record.)
Page 167 Page 169
1 (Whereupon, a document was 1 BY MR. SULLIVAN:
2 marked for identification as 2 Q Mr. Murray, so is it your testimony that
3 Exhibit Murray-23.) 3 the front of your car was facing the building?
4 BY MR. SULLIVAN: 4 A The front of it was facing the front gate
5 Q Do you recognize this document? 5 of it, the side of my door, the side of the
6 A Yes. 6 passenger door was parallel to the building
7 Q Andis it something that you submitted to 7 (indicating).
8 Judge Shapiro this year? 8 Q_ But the front windshield was looking
9 A Yes. 9 directly into the Federal Records Center?
10 Q And if you could tum to Page 8, the 4th 10 A No, the front windshield was facing awa
1] paragraph, it states, "On September 22, 20041 was | 11 Q Let's go off the record.
12. in the vicinity of NARA around lunchtime, and } 12 (Whereupon, a brief discussion
13. stopped by to see inquiring coworkers concerned 13 was held off the record.)
14 about my whereabouts. I had a female companion an 14 BY MR. SULLIVAN:
15 her three-year-old son as passengers and only 15 Q.> Mr. Murray, is it true that at the front
16 expected to be there a hot minute." Is that what it 16 of the Federal Records Center there is a little
17 states? 17 vestibule with two doors in it?
18 A Yes. 18 A Yes.
19 Q Why did you state here that you hada 19 Q And there is one door on the left, and one]
20 female companion with you as a passenger when you | 20 door on the right as you are approaching the
21. went to the workplace? 21 building? .
22 A. [had been referring to when I left out of 22 A Correct.
23 the house, must have been. 23 Q > Was your car right outside of that little
24 Q So itis not correct that you had a female 24 vestibule?

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DARRYL MURRAY

CaOIAWEAWNH

Page 266
CERTIFICATE

I, RENEE HELMAR, a Shorthand Reporter, and
Notary Public, certify that the foregoing is a true and
accurate transcript of the proceedings of DARRYL
MURRAY, who was first sworn by me at the time, place}
and on the date herein before set forth.

I further certify that I am neither attorney,
nor counsel for, nor related to or employed by, any of
the parties to the action in which this deposition was
taken, and further that J am not a relative or employee
of any attorney or counsel employed in this action, nor
am I financially interested in this case.

Renee Helmar

Shorthand Reporter

CLASS ACT REPORTING AGENCY, LLC
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Page 50 Page 52
1 computers, Christian crosses, Jewish Menorah 1 Q Did you ever have any prayers, or anything
2 symbols, and then the same with -- on prayers, on 2. similar to a prayer posted at your work station, or
3. pieces of paper with prayers, like posting it on the 3. anywhere at the work facility?
4 back of their desk or on their desk, and that is 4 A No.
5 about it. 5 Q Did anybody ever tell you that you were
6 Q Anything else? 6 not to have a Koran or prayer at your work station?
7 A Not that was religious. So it might be 7 A. I think that when I made the agreement, I
& something political or something. Sometimes peoplq 8 probably shouldn't have brought it in because that
9 get religious and politics mixed up, so... 9 would be considered religious materials.
10 Q Can you give me an example where religion | 10 Q But you did bring a Koran in?
11 and politics were mixed up? 11 A Yeah, I kept it in my desk.
12 A. Probably with a magazine that someone was 12 Q > And you were never told to remove it?
13 reading with the Holocaust and the swastika or 13 A No.
14 something, that is about it. 14 Q  Inhis November 2004 letter to you,
15 Q Who was reading it? 15 Mr. Roland wrote that, you were suspended for three
16 A_ It was just on the desk, I don't know who 16 days in August 2003 for neglecting duty and
17 _ it belonged to, or if somebody was sharing it with 17 inaccurately completing work and -- just one second.
18 somebody. 18 He stated that you are suspended for
19 Q > What was it saying, the magazine, about 19 three days in August 2003 for neglected duty and
20 the Holocaust? 20 inaccurately reporting completed work and
21 A. It just ahada picture of a swastika and 21 carelessness; do you remember that, is that the Odury
22 the word, Holocaust on top. 22 (phonetic) file?
23 Q Do you know what the article or subject 23 A Yes.
24 matter was? 24 Q Okay. Can you tell mea little bit about
Page 51 Page $3
1 A. No, | wouldn't touch anyone's property. 1 that?
2 Q You don't recal] whose it was? 2 A 1 don't remember the exact date, but Thad
3 A No. 3 pulled about 100 request for files that day.
4 Q Apart from that, anything else you recall 4 Q Were they bankruptcy files?
5 seeing? 5 A Yes.
6 A No. 6 Q. Okay.
7 Q_ So you have told me every type of 7 A And hers was about, maybe, somewhere
8 religious items, symbols, messages that you recall! 8 between 95 and 100 that I pulled.
9 during your time at the Records Center on Townsend | 9 Q Now hers, being Ms. Odum's?
10 Road? 10 A Ms. Odum.
n A. Except for prayers out of the Bible, that 1] Q > And Ms, Odum was, who?
12 was it. 12 A Acustomer. A public customer.
43 Q How about while you were at the Records 13 Q Okay.
14. Center on Wissahickon Avenue, anything beyond what 14 A J remember pulling the file out of the
15. you just described? 15 box, putting the chart out slip in the box, putting
16 A No. 16 the file on my cart, and then going onto the next
17 Q Did you ever have a Koran in your work 17 one, going onto the next request. I remember taking
18 station, or anywhere at the Records Center? 18 the files back to the service area where they are
19 A At Townsend Road facility. 19 supposed to be checked in, and Dwayne Wilkerson wap
20 Q You did? 20 responsible from checking them in, and he did not
21 A Yes. 21 come into work that day, so they were left
22 Q Did anybody ever ask you to remove that, 22 overnight, unguarded and unchecked in, and sometime
23 or put it somewhere? 23 ater, I guess we discovered that her file was
24 A No. 24 missing. She indicated, 1 guess, she called in,

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1 Itis actually the wash room. 1 kind of way.
2 Q When were they posted there, what year? | 2 Q Can you tell me about any specific
3 A 2001. 3 comments that anybody ever made at the Federal
4 Q Okay. Were they there in 2002? 4 Records Center in Philadelphia that was similar to
5 A. {took them down every time I saw them. | 5 _ the sorts of comments that you have testified to
6 Q Did you see them there in 2002? 6 today, that you made on September 22nd, 2004?
7 A 1 don't think I seen any more in the men's | 7 A. Qh, I don't know no one -- I never heard
8 room. 8 anybody making any -- any threats, that is, somebody
9 Q So you saw them there only in 2001? 9 should be --
10 A Yeah. 10 Q Did you ever make any kind of request to
Ww Q > Was it after or before September 11, 2001711 management to accommodate your religious beliefs in
12 A. After. 12 any way?
13 Q Okay. Do you know for a fact who posted 13 A No, I thought it would be best to just try
14 them there? 14 to keep — ah -- religious materials, newspapers,
15 A No. 15 whatever, just out of the workplace.
16 Q You were just guessing, then? 16 Q Okay, so the answer is no to that?
17 A Yeah. 17 A No.
18 Q Do you know why they no longer ore 18 Q Okay. And, again, in your EEO Affidavit,
19 after 20017 19 this is Murray-17, there is a question here at the
20 A People got tired of taking them down. 20 bottom of the page, has anyone in management made
21 Q Did you ever bring there presence to 21. any remarks to you that you believe represents
22 management? 22 discrimination; you reply on the next page, Page 12,
23 A No, just coworkers, ! think. I don't know | 23 other than Mr. McEvoy’s written order to remove som
24 if coworkers brought it to Mr. Roland's attention. | 24 writings from my desk, no. I do not often interact
Page 215 Page 217 |"
1 Q_ So you don't know whether management ever) 1 with managers. J just did my work and kept to
2. took any action to make sure those posteds wereno | 2 myself; is that correct?
3 longer posted? 3 A Correct.
4 A. No. Not knowing who it was, you couldn't 4 Q Okay. Apart from what you testified to
5 stop it. 5 today — and you tell me when you have to go fora
6 Q And you don't know if management took any 6 break. Have you had any issues with Mr. David
7° action? 7 Roland; did you have any issues with Mr.
8 A No. 8 David Roland during your time at the National
9 Q But for sure they didn't appear, again, 9 Archives?
10 after 20017 10 A No.
ui A Idon't recall seeing them. 11 Q Apart from what you testified to in this
12 Q Did they have any religious statements on 12 deposition, do you -- did you have any issues with
13 them? 13 John McEvoy during your time at the National
14 A No. 14 Archives?
15 Q_ Tell me each and every person who you 15 A No.
16 believe was treated more favorably then you were for, 16 Q. Apart from what you testified to so far in
17. stating things similar to what you stated at the 17 this deposition, did you, during your time at the
18 workplace on September 22nd, 2004? 18 National Archives, have any issues with David
19 A. Well, [have observed employees in heated 19 Bedesen, B-E-D-E-S-E-N?
20 arguments ~ ah -- almost near fights, throwing 20 A’ No.
21 furniture, and Mr. Buffone would -- ah -- because 21 Q Allright. In one of your EEO statements,
22 they involved people in the clique or whatever, he 22 Ican show it to you if you want, you referred to
23 would try his best to cover it up, or ifsomeone did | 23 Mr. Weber as quote, "A notorious racist.” This is
24 take it back to management, he would intervene somq 24 David Weber I am referring to; what was his Positioy

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Page 230 Page 232
1 about it, why don't you tell me what happened; he 1 race?
2. didn't ask you any questions like that? 2 A_ Everybody. Everybody.
3 A No. 3 Q_ So that would include people of different
4 Q And you didn’t say, somebody might contact 4 races and religions?
5 you regarding my termination, my EEO complaint, 5 A Correct.
6 anything like that? 6 Q. And Mr. McEvoy said what?
7 A No. 7 A I don't remember the whole conversation, I
8 Q No discussion about September 22nd, 2004? | 8 only think they told me that he had made the commen]
9 A Uhh 9 that they were just nothing but creatures with
10 Q_ About the possible involvement of Mr. 10 privileges.
31 Hammond and your EEO case? i Q_ They meaning, all staff?
12 A No. 12 A Yeah,
13 Q Regarding the statement that you say John 13 Q > What did you find offensive about that?
14 McEvoy made about certain employees being creature} 14 A Calling them and being creatures, ] don't
15 with privileges; what kind of meeting was that made | 15 know why he couldn't just call them employees or
16 at? 16 human beings.
17 A Um -—ameeting where, | think, management | 17 Q I'msorry, did you say Henry Bean?
18 was notifying them that no one would be allowed in 18 A No, why he couldn't call them human
19 the building after 4:30 any more. | guess it was a 19 beings, or why he couldn't call them employees or
20 safety or security issue they had. 20 just, people. Creatures seems like some type of
21 Q_ Inthe wake of ~ 21 lower life form or something.
22 A Right. 22 Q__Isit possible that you don't know that
23. Q_ —what happened on September 22nd? 23. Mr. McEvoy said creature comforts, that he was
24 A Right. 24 referring to creature comforts rather than saying
Page 231 Page 233
1 Q_ And who told you what happened at that 1 creatures with privileges?
2 + meeting? 2 A I don't know.
3 A 1 was talking to different coworkers, 3 Q You weren't there; right?
4 girls here and there, I would bump into them on the | 4 A_ No, 1 wasn't there.
5 street. 1 don't know if it was Diane or Bonnie that 5 Q Would you have a problem if he was
6 Iseen. 6 referring to employees having creature comforts?
7 Q Are they coworkers of yours? 7 A. There is something about the word,
8 A. They are coworkers. 8 creature, that doesn't sit too well. I guess a
9 Q > What is Diane's last name? 9 person could use it in a non-harming way. I guess
10 A She's Hispanic or -- 10 it could be used that way.
YW Q How about Bonnie? 11 Q So in your view, it is just derogatory
12 A Fleming. 12 toward employees generally not with regard to race|
13 Q Do you know whether it was one of those 13 or generally?
14 two that had told you what had happened at the 14 A Generally, yeah.
15 meeting? 15 Q_ Tell me every single contact that you had
16 A_ I can't be 100 percent sure, but I've seen 16 with Irene Jones since September 22nd, 2004
17 them on the street, once or twice since then. But 17 afternoon, after 12:00 noon that day, apart from
18 that's why - their names are coming -- back around | 18 when you talked to her at her deposition in this
19 that time, but J don't know for sure. 19 case?
20 Q > What did they tell you about who was at 20 A When | left the parking lot on September
21 the meeting; what did whoever reported to you about 21 22nd, 2004, J haven't talked to her since.
22 the meeting tell you about the meeting? 22 Q Have you had any contact in writing with
23 A Justa staff meeting. 23 Ms. Jones?
24 Q All staff, or just staff of a particular 24 A No.

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Page 58

Page 60

1 going to say anything else to her, he was just going 1 prevent it from happening.
2 to forget about the whole incident and leave it 2 Q > Were the things that were placed under her
3, alone, and that is just what he did, he never made 3 door of a certain subject matter?
4 any more complaints after that. 4 A Nothing particular, just Web site
5 Q Did you and Mr. Buffone and Ms. Tate and 5 addresses, or Web type linkages.
6 Mr. Wilkerson, anybody in that clique, have any 6 Q_ The thefts that you are referring to, were
7 conversations between when these incidents happened 7 they just of those documents that were placed under
8 in August 2003, and when you left in 2004, that 8 the door, or were there additional thefis?
9 involved any kind of threats or challenges? 9 A Additional thefts.
10 A No. No. 10 Q What types of theft?
11 Q_ Inyour EEO statement from February i A My tooth brush, a bar of soap, deodorant,
12 2nd, 2005, you state that, approximately, four or 12 sometimes office supplies, that’s all.
43. five months prior to my placement on administrative | 13 Q Did you have any suspicion as to who was
14 leave, so that would be -- you are talking about the 14 putting the documents under Ms. Washington's door)
15 beginning of, maybe, 2004, 1 experience a number of [15 A. Mr. Buffone was a suspect.
16 thefts and personal documents beginning to disappear] 16 Q You suspected him?
17 from the top of my desk and from a locked cabinet 17 A Yes.
18 section of my desk. Someone started placing my 18 Q_ Did you ever confront him about that?
19 personal documents under the office door of my 19 A No.
20 supervisor, Ms. Washington, et cetera, et cetera. 20 Q_ Did you ever have anything that verified
21 What happened, and when did it happen? 21. that it was he who was doing it?
22 A Ispend a lot of hours every day on the 22 A No.
23. Intemnet researching materials and printing them 23 Q > Regarding the theft of your tooth brush,
24 out. 24 soap, deodorant, the other things that you
Page 59 Page 61
1 Q.> While at work? 1 mentioned, did you ever suspect anybody was
2 A. While at work, on my lunch break, and 15 2 responsible for that?
3. minute break, or after work, and ] make seratch 3 A. Kind of thought he did too, Buffone did
4 notes in the margin of different paper, and when I 4 it, too.
5 come to work on Monday, my supervisor would have 5 Q  Buffone?
6 them sitting in the chair and she wouldn't know ifI | 6 A Yes.
7 lost them, or what. Just couldn't make any sense — | 7 Q Did you ever confront him about that?
8 someone to keep sliding them under her door, and —} 8 A No, didn't have any proof.
9 Q Had she told you that somebody had been 9 Did you ever come across anything that, in
10 putting them under her door? 10 your mind, verified that it was he, that was
3) A. Yes, And it wasn't anything - we 11 responsible?
12 couldn't understand why somebody would do it, and 12 A. There is one incident where | was in one
13. then when it finally happened again, she just took 13. stack, and my cart was in another, and he was
14. them into Assistant Director Dan Bedesen's office. | 14 standing not to far from it, and he was -- it looked
15 Q B-E-D-E-S-E-N? 15 like, from a distance that he was talking to someon
16 A S-E-N. 16 who was up in an aisle, but you couldn't see a
17 And then he called me in to ask me 17 person standing in the aisle, and as I approached m:
18 about it, and I told him, stuff keeps disappearing 18 cart, he walked away, and I noticed -- looked ail!
19 off my desk. And he asked me if I wanted these 19 the way down at the other end of the aisle, ] seen
20 papers that Ms. Washington brought to him, and} |20 Dwayne Wilkerson leaving out the other end, but ~
21 said, no, at this point, 1 want to take a note off 21 if] don't catch your hand on something, | am not
22 of it, and he discarded them in the trash, and he 22 going to accuse you of doing something.
243 told me to try to lock up everything on my desk or 23 Q > When did the paper under the door
24 clear it out at the end of the day, you know, so to 24 incidents begin, when did they end?

16 (Pages 58 to 61)

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DARRYL MURRAY

Page 2 Page 4
1 APPEARANCES: 1 EXHIBITS
2 Darryl Murray, pro se
By: DARRYL MURRAY 2 Murray-14 Letter 73
3 112 W, Champlost Avenve 3 Murray-15 Letter 78
Philadelphia, Pennsylvania 19120 4 Murray-16 Letter 100
4 -
pro se for Plaintiff, 5 Murtay-17 Document 93
5 Darry! Murray 6 Murray-18 Letter 117
6 7 Murray-19 Letter 128
United States Department of Justice 8
7 United States Attomey's Office 9
By: GERALD B. SULLIVAN, ESQUIRE
8 615 Chestnut Street 10
Suite 1250 11
9 Philadelphia, Pennsylvania 19106 12
10 Counsel for Defendants,
Allen Weinstein, Archivist of the 13
a United States National Archives 14
12
13 ALSO PRESENT: ! -
14 John E. Davenport, Sr. 1
15 17
16 18
7
18 19
19 20
20 21
21
22 22
33 23
24 24
Page 3 Page S
1 INDEX 1 (Whereupon, the deposition
2 2 commenced at 11:10 a.m.}
3. WITNESS PAGE 3 ... Darry! Murray, residing at 112 W. Champlost]
4 4 Avenue, Philadelphia, Pennsylvania, having been first
5 DARRYL MURRAY 5 duly swom by a Notary Public within the State of
6 By MR. Sullivan 5 6 Pennsylvania, was examined and testified under oath
7 7 follows...
8 ere 8 EXAMINATION
9 EXHIBITS 9 .BY MR. SULLIVAN:
10 10 Q Mr. Murray, my name is Jerry Sullivan, we
11. NUMBER DESCRIPTION PAGE| 11 met, of course, before; | am the Assistant United
12) Murray-1 Letter 20 12 States Attomey, and in this lawsuit that you
13 Murray-2 Document 21 13 brought against the National Archives and Records
14 Murray-3 Document 22 14 Administration, | represent the agency.
15 Murray4 Document 27 15 You've certainly have been present at
16 Murray-5 Letter 29 16 other depositions in this case before, but let me
17 Murray-6 Letter 33 17 just go briefly through the preliminaries just so
18 Murray-7 Letter 36 18 that you understand, again, the protocol for the
19 Murray-8 Document 42 19 deposition.
20 Murray-9 Document 44 20 Do you understand that your testimony
21 Murray-10 Letter 70 21 is under oath today?
22 Murray-11 Letter 92 22 A Yes.
23 Murray-12 Photographs 73 23 Q > And that requires you to tell the truth,
24 Murray-13 Photographs 108 24 and the whole truth?

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SowIrds,ewna

RPNUNNN ee eee ee
REBSBPSscawrAnewn

Page 138
It would have to be --
Catholics and Christians.
-- perceived as offensive to Catholics?
Catholics.
Catholic coworkers, Catholic management,

Catholics in general.
Okay. After you got the August 17th, 2004
letter, you thought that that letter stated that you
were prohibited from posting certain sorts of
material if it would be offensive to Catholics in
general?

A No. When] got the 2004 letter, I thought

z
O>BO>rOro

it was stemming from the 1995 letter which involved

Catholics, so I just, kind of, thought it was a
continuation of the same, but it didn't. The letter
‘on November the -- in 2004 didn't, specifically, say
it, but J assumed it was in reference to 1995.

Q So you were saying that you interpreted
the August 17th, 2004 letter as banning you from
posting material with religious, political, racial,
disparaging remarks, comments only that would be
offensive to Catholics in general?

A Yes.

Cay annrun

Page 140
mainly about.

Q > Why; then, in your view would the August
17th, 2004 letter ban you from posting political
statements?

A. Well, the Catholic church is also a
political institution.

Q. And you never discussed your view that the
ban was just on material offensive to Catholics with
anyone?

A No, like I said, I had highlighted and
drew arrows on what I was going to discuss with
Mr, McEvoy, just the types of issues that you are
bringing up now, because I didn't see how they were|
offensive, but they never interviewed me or never
got around to discuss it with me.

Q So you never approached Mr. McEvoy?

A Never had time, no.

Q And you, then, went ahead and posted new
materials in September?

A Now, in September J didn't think anything
up there had to do with racially offensive — it was
just offensive, you know, you didn't think that it
had anything to do with the August 16th letter.

Q Did you ever discuss any of your

eIANEWN

Page 139

Q_ And did anyone ever tell you that the
letter was to be so limited?

A No.

Q In your view, what type of material would
be offensive to Catholics in general, and when you
say Catholics, do you mean only Christians who are
Catholics, or other Christians as well?

A. No, by me being friends with the
Catholics, 1 thought that it had to be offensive to
the Catholic hierarchy, not actually the Catholic
people, but the institution of Catholicism.

Q You are referring, specifically, to the
Catholic church, not to Protestants?

A Right.

Q Your understanding of what was prohibited
under the August 17th, 2004 letter was what type of.
offensive material then?

A_ I'm sorry, just repeat that.

Q_ Inyour view, what type of material would
have been banned by the August 17th, 2004 letter
that would be offensive to Catholics?

A. Again, going back to '95, anything that
would shed light on the Catholic church involvement
in slavery, because that was what the 1995 issue was|

SIAWAWN

16

Page 141
interpretations of the letter, or your concerns with
Ms. Washington?

A. No, she didn't quite understand what the
problem was either, and just like ] said, if someone
has power over you and harassing you, the best thing
to do is try to appease them in the best way that
you can.

Q_ Now, if your interpretation was wrong
about what the August 17th, 2004 letter intended to
prohibit, if it wasn't intended to be limited to
just material that would be offensive to Catholics,
if it was intended to include any religious,
political, racial, disparaging remark content that
would be offensive to anybody in management, or to
coworkers at the Federal Records Center, if that is
the proper interpretation that the interpretation of
management meant, do you agree that some of the
content would fall about the August 17th, 2004
letter?

A No,! don't think so. Like 1 said, my
former supervisor, John McGee is management, and hy
would definitely, you know, tell me if something was.
offensive to management. Well, it would be just one
person in management feels one way, and everybody

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to ask -- you would let her know if you didn't

Page 94

Page 96
Q I'msorry, this is Murray-11, the August

1 j

2 understand something in the Jetter, you told her 2 17th, 2004 letter.

3 that you did, and started taking items down from 3 A. Okay.

4 your work area; is that correct? 4 Q_ I guess on that theme, you read this

5 A That's correct. 5 letter on August 17th, 2004; is that correct?

6 Q > And you had some brief discussion about | 6 A Yes.

7 the letter with Ms. Washington then? 7 Q And you understood that management was
8 A Well, she stood at the top of me when | 8 saying that your postings was offensive to

9 read it, and I said, okay, no problem, and signed it 9 coworkers, security force and management?
10 and gave it to her. 10 A Yes.
11 Q On Page 8, you state in the first il Q And it says that this was not the first
12. paragraph that has an A before it, she, Miss 12. time that you had posted similar types of material;
13. Washington, let me know that I should put away | 13 is that correct?

14 everything personal, not put anything in my work | 14 A Correct.

18 area that was political or religious or about race; | 15 Q And then stated in the second to the last
16 did you have a conversation with her then about the 16 main paragraph, you are ordered, immediately, to
17 letter and what was required of you? 17 remove, no later than 2:30 p.m. today, all of these
18 A. Before that day was over. }8 materials from your work area, and never to displaj
19 Q Was that before, or after you took things 19 them or anything similar in any work area at the
20 down? 20 National Archives; you read that, correct?
21 A. After] took things down. 21 A Yes.
22 Q Did you have a meeting with her then after ] 22 Q And did you, then, remove all of the
23 you took things down? 23 materials?
24 A No, just general conversation going back | 24 A Yes,! did.

Page 95 Page 97

} and forth in that office. 1 Q "To be clear, you are to display no

2 Q. What did you discuss? 2 materials that make reference to race, religion,

3 A She asked me if I remembered to get 3 political views, or that make disparaging remarks in
4 everything down by 2:30, and J told her that 1 had 4 any way, at any location at the National Archives;

5 taken it down as soon as she walked way. 5 did you read that, that day?

6 Q_ Did you discuss anything else? 6 A Yes.

7 A. This is just a little bit closer to the 7 Q Okay. And you read that it said that you

8 time. Yeah, towards the end of the day, before 1 8 weren't to post anything further that referred to

9 lefi, she checked to make sure that everything was 9 race: is that correct?

10 down; she had walked away before I started taking } 10 A Yes.

11 them down. iH Q And you read that you were not to post

12 Q_ Did you have any conversations beyond what] 12 anything further that related to religion; correct?

13 you already talked about? 13 A Yes.

14 A No. 14 Q > And you read that you were not to display
15 Q_ The letter states in the second big 15 anything further that could be viewed as political
16 paragraph, this is not the first time that you 16 views; correct?

17 engaged in this type of behavior, it refers to the 7 A Yes.

18 incident with the Social Security Administration, 18 Q And you read that you are not to post

19 and then proceeds to say that you are ordered to 19 anything further that made disparaging remarks in
20 immediately remove, by 2:30, all the materials from 20 ‘any way; correct?
21. the work area, and never to display them, or 2) A. [really didn't know what she was talking
22. anything similar, in any work area at the National |22 about, but to make my supervisor -- make her job
23 Archives; did you read that at the time? 23 smooth, I just, you know, agreed, whatever, anythin;
24 A. I'm sorry, what number? 24 that they figure that is to keep confusion down.

25 (Pages 94 to 97)

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693 5fbS7-a4a5-43c0-Bb5c-95a64088a520d


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DARRYL MURRAY, : Civil Action
NO. 05-4557
Plaintiff,
vs

ALLEN WEINSTEIN, Archivist
of the United States,
National Archives and
Records Administration,

pefendant (s).

Monday, November 20, 2006
Philadelphia, Pennsylvania

Oral deposition of DARRYL MURRAY,
taken pursuant to Notice, at the Office of the United
States Attorney, 615 Chestnut Street, Suite 1250,
Philadelphia, pennsylvania, commencing at approximately
41:10 a.m., on the above date, before Renee Helmar,

Shorthand Reporter and Notary Public.

CLASS ACT COURT REPORTING AGENCY

1420 Walnut Street 133 Gaither
Suite 1212 Suite H
Philadelphia, PA 19103 Mt. Laurel,

Page 1

Drive

NI 08054

6936f057-a4a5-43c0-8b5c-95a640B8a52¢


DARRYL MURRAY

Page 186 Page 188
1 at this point do you recall saying anything else to 1 A Correct.
2 him? 2 Q And you were angry at the time?
3 A The very last thing I said to him was, I 3 A Correct.
4. didn't come up here to start any trouble, I don't 4 Q And you say that you were cursing; is that
5 want you to get in any trouble over me, and took 5 correct?
6 off. 6 A Correct.
7 Q_ 1am going to direct your attention, now, 7 Q And you say, "I recall saying that I might
8 to what we already marked as Murray-16, itis an 8 need to bring Johnnie Cockran and the dream team
9 October 16th, 2004 EEO statement that you made, ant 9 back with me"; correct?
10 1am going to direct you to Page 7, so if you could 10 A Correct.
11 just confirm that this is an EEO statement that you iM Q What did you mean by that?
12. made in October of 2004? 12 A I was just kidding with James about
13 A_ Correct. 13 bringing -- to get the law involved in the whole
14 Q_ And take a look at Page 7? 14° thing.
15 A (Witness complies.) 15 I knew Johnnie Cockran was dead at
16 Q And isn't it the case that you state here 16 the time, I was just being facetious I guess.
17. that after Officer Hughes re-emerged from the 17 Q Now, do you remember when you gave you}
18 building he said, Darryl, you have to leave, they 18 EEO Affidavit statement, did you sit down with
19 don't want you in the building or premises? 19 somebody to do it, did you do it over the phone?
20 A Correct. 20 A. Isat down with someone.
21 Q And then you say, "I look at Irene Jones 21 Q And they recorded what you were saying to
22 in shock and anger. I then said, somebody needs to 22 him or her?
23 blow that M-O-T-H-E-R F-U-C-K-E-R up." 23 A Yes,
24 A Correct. 24 Q_ And then after they did that, they sent it
Page 187 Page 189
1 Q And you then say no one knows who or what] 1 to you for approval and you made some handwritten |:
2 1 was referring to. I am the only one who knows 2° comments?
3. that I was referring to Mr. Hong Diep, H-O-N-G 3 A Yes,
4  D-1-E-P; is that what you state there? 4 Q And the handwritten comments on the
5 A Correct. 5 approval are the ones that you made when you
6 Q Now, as you testified to already you said, 6 reviewed it?
7 you were — you said you made a reference to the 7 A Yes.
8 building at the time; correct? 8 Q You also state here that you said, 1 think
9 A Correct. 9 someone or somebody needs to blow that M -- I think
10 Q But you are saying what you were intending | 10 you might have spelled the word out, then M
11 to refer to was Mr. Hong Diep; can you explain that 11 underscore, F underscore up; the Affidavit at the
12. A Atthe time J thought it was the whole 12. initial type had building in it, and then you
13 incident was revolving around something that he 13. deleted the word building, and you wrote that I
14 might have said to management; I thought he was thd 14 never used the word building or place; you testified
15 source of it. But he was the reason why the whole | 15 today as you were recollecting, you did use the word
16 incident was taking place. 16 building; correct?
17 Q Sos it your statement that in your 17 A. The curse word up, up was the very last
18 moment of rage, you made that statement in part to 18 word in the statement.
19 reference to Mr. Hong Diep, D-I-E-P? 19 Q But you stated in your EEO statement to
20 A Inpart. 20 the judge that you used the word building or place?
21 Q_ 1am going to redirect your attention to 21 A Yeah, that’s what I meant - I said up. J
22 your Affidavit, Pages 10 to 11. If you can, follow | 22 didn't say it, but that is what ] am referring to.
23 where I am directing you, just let's go down here. 23 Q But you state in these statements that you
24 You, again, refer to being angry; correct? 24 did refer to it though; am I correct?

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Seeuauawna

SRURAEBH=

Page 126
whenever that was up -- because when these things
were posted over different days and nobody never
said anything, so J thought, maybe, when I wrote
that on there, they were -- because I didn't write
~- the Arabic was on there, I didn't put it up, it
was up, and then later, as ] was thinking about it,

J was -- might write that, so! thought, since 1

wrote that, and if] didn't write the Arabic on

there, that they might not have made the complaint.
Q Do you believe that there was any

religious discrimination against you related to the

directive that you remove the September 2004

postings in it, was there any action taken against

you in September 2004, based upon your postings ii 14

September 2004?

‘A. I think the religious discrimination is
that, they don't want any Arabic materials, or
jslamic materials on my desk, or around it, or
anything, but if you want to put up anything from,

Page 128
A Yes.
Q Okay, so you believe that was not an
appropriate way to deal with Mr. Diep?
A Yes.
Q Do you believe that your comments in the
August postings, revenge is a dish best served cold}
and similar references is not an appropriate way to
deal with Mr. Diep or Mr. Buffone?
A. Yes, | regret lowering myself to acting on
their level and on their age, but knowing that I was
never going to harm anybody, and I was just trying
to figure out some way to get them to stop, and J
figured if other people knew that it was him, too,
then they would feel bad about doing it, and they
would, eventually, stop.
(Whereupon, a document was
marked for identification as
Exhibit Murray-19.)

BY MR. SULLIVAN:

20 like, the Christian religion, it is fine, it is all 20 Q = Mr. Murray, this is a November 18, 2004
21 right, but jslamic is not welcomed in this country. 21 EEOC statement that you made; cosrect?
22 Q_ What, in the September 2004 postings that | 22 A Correct.
23 you put up had any kind of Arabic or \slamic 23 Q You can tum to Page 13, please.
24 content? 24 A (Witness complies.)
Page 127 Page 129
1 A. Allahu-Akbar, the words. 1 Q You remember that in your August posting,
2 Q And where was that in the September 2004 2 Page 5 of Murray-12, you wrote that Federal Records
3 postings? 3. isnot an equal opportunity employer, and here on
4 A In August. 4 Page 13 you say, "Calling NARA a nonequal
5 Q asked you about September 2004. 5 opportunity employer on a posting on my desk was m;
6 A I'msory. 6 way of getting their attention and initiating
7 Q Doyou remember, is there -- was any 7 dialogue which they refused to do." Was that
8 religious discrimination against you regarding any 8 comment aimed at getting management to talk to you?
9 action that was taken against you based on the 9 A Well, | thought if they would ask me about
10 September 2004 postings? 10. it, ] would tell them, you know, without being
il A No. 11 direct, what | call a snitch, telling them about
12. Q_ Okay. So your contending only that there 12. people being on the computer all day. If they would
13 was a religious discriminatory aspect to the 13. ask me, | would try to’explain to them that 1 didn't
14. direction in August of 2004 that you remove your 14. think it was appropriate for them to be on the
15. postings? 15 computer all day long, and that's what they were
16 A Correct. 16 doing.
17 Q _ And not September 20047 17 Q Were some of the comments that you posted
18 A Correct. 18 in August and September aimed at getting manageme
19 Q > Your union representative, in his letter 19 to talk to you about issues and concerns that you I
20 that I showed you, Murray-18, says regarding the two| 20 had?
21 legged cockroach posting, "Mr. Murray acknowledges 21 A Not except for the unequal one.
22 that this attempt at humorous revenge was not an 22 Q How about the three jetters and the
23 appropriate way to handle this conflict with Mr. 23 September postings that you can see on the first
24 Diep.” Is that true; did that come from you? 24 page of the September 2004 photographs; did you put

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1 Q. And, again, I am showing you Murray-17, 1 I don't remember exactly what I said
2 and you state there, and you can tell me if ] am 2. onthe message, but 1 know | did not threaten
3 correct or not in stating what you state there, "I 3. anyone. 1 also had no intentions on visiting NARA
4 was told to call Mr. McEvoy to report in each 4 that day." 1s that a correct summary of what you
5 Wednesday moming while I was out on administrativé 5 state in this document?
6 leave. I made one call on the morning of 6 A Yes.
7 September 22nd, 2004 just after 1 woke up while a 7 Q > And you wrote that?
8 friend was there. 1 wanted my female companion to | .8 A Yes.
9 hear me complaining about my passport problems; to | 9 Q > And I should say, in our supplemental
10 get her off my back about flying across the Atlantic | 10 production of documents to you, we are going to be
11 fora vacation while | was on an administrative 11 producing te you a copy of the voice recording that
42 leave. | am terrified about planes and flying." Do 12 Mr, Roland refers to. You will have that by next
13. you state that in your EEO Affidavit? 13 week.
14 A Yes. 14 Mr. Murray, is it correct that you t
18 Q And I just want to show you one more 15. did leave a message for Mr. McEvoy on the morning
16 statement of yours. 16 September 22nd, 2004, on or before 10:00 a.m.?
17 (Whereupon, a brief discussion 17 A Correct.
18 was held off the record.) 18 Q And wasn't it, in fact, the case that you
19 (Whereupon, a document was 19 had a girlfriend that wanted you to go to her
20 marked for identification as 20 country while she (sic) was on leave, but you didn't
21 Exhibit Murray-22.) 21 want to go?
22. BY MR. SULLIVAN: 22 A Correct.
23 Q > Mr. Murray, 1 am showing you what ] am 23 Q And so did you manufacture the white lie
24 going to mark as Murray-22, this is an EEO statement| 24 about a passport problem because of your personal
Page 159 Page 161
1 that you made on November 15th, 2004; correct? 1 situation?
2 A Um-hum. Yes. 2 A Correct.
3 Q And is this your handwriting on the 3 Q Okay, so you told some white lies in the
4 document? 4 voice messages for personal reasons?
5 A Yes. 3 A Correct.
6 Q On Pages 1 and 2, and! only gave you two 6 Q So what you stated to Mr. McEvoy and Ms.
7 pages, but it states, beginning on the second 7 Washington in those messages was not entirely true;|
8 paragraph on Page 1, "Since my divorce 11 years ago, | 8 is that correct?
9 Thave been dating a lot of Hispanic and Middle 9 A Correct.
10 Easter women. My lady friends have been nagging m¢ 10 Q_ And is this — are these statements
1] for quite some time, traveling to their homeland in 11 accurate representations of your intentions in what
12 Puerto Rico, Dominican Republic, Jordan and Syria. 12 you stated?
13. I don't have any intentions on going to any of those 13 A Yes.
14 places, but I can’t tell my lady friends that. 14 Q | want to talk about -- by the way, in
15 J wanted one of my friends to hear me 15 your one statement, November 1 5th, 2004, you say
16 discussing passport problems on the phone when she | 16 that you can tell from the transcript that it sounds
17. discovered I was going to be off from work for 17. like 1 am half asleep on drugs when making up the
18 awhile. 18 story of what's going on; were you on drugs at the
9 You can tell from the verbatim 19 time? .
20. transcript that it sounds like I am half asleep, on 20 A My arthritis medication.
21 drugs, or making up the story as ] was going along. 21 Q. Anything else?
22 My girlfriend woke me up to make my 22 A No.
23 designated 10:00 a.m. call into Mr. John McEvoy to | 23 Q What happened next in your day, after you
24 continue receiving my paycheck. 24 made this call?

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1 wanted to do things his own way, rather thar doing 1 A No.
2. what! asked him to do; did Ms. Washington ever 2 Q Do you know if Mr. McEvoy was with
3. state her view of you that you would not always 3 somebody else when he observed your work station?
4 follow her instructions and would be strong minded 4 A No.
5 in doing your own thing? 5 Q Mr. Muray, I am going to mark as —-
6 A No, but she wasn't trying to see things -- 6 actually, let me just go through this first. You
7 1 got more experience in refiling work and keeping 7 can take a look at what we've marked as Murray-13, I
8 track of things. Sometimes employees will write the 8 would appreciate it.
9 wrong chart out information on a folder, chart out 9 (Whereupon, a document
10 information is the box number that it came out of, 10 previously marked for
1] the assession number and the location, and when they! 11 identification was submitted as
12 do that, then when it comes time to do the refiling 12 Exhibit Murray-13.)
13 of the box, it will go back in the wrong box, and 1 13 A recognize this.
14 was just trying to explain to her, J am not 14 Q Okay. There are eight pages; are these
15 disagreeing with you, but I have been out at this 15 photographs of postings that you had on your
16 location, I looked through the box, and the file 16 cubby-hole workstation in September of 20047
17 number is not matching up, and all she knows is that } 17 A Yes.
18 the information on there -- put it back, and even 18 Q Andis ail of this material that you had
19 though somebody out ranks me, if they are doing 19 posted between August 17th, 2004 and September 16th]
20 something wrong, I am going to have a strong opinion 20 2004?
21. about it, but, you know, not in the negative way. 21. A Yes.
22 Q Did she ever say that she had a broader 22 Q Is there anything on these pages that you
23 concern about you that she would give you 23 did not post on your workstation?
24 instructions, generally, and you would not follow 24 A. I think everything here is mine.
Page 107 Page 109
1 them -- 1 Q Let's go through page by page. The first
2 A Oh,no. 2 page in blue writing, handwriting, "It is just a
3 Q ~~ and do your own thing? 3. matter of time now. Be patient." Is that your
4 A No. Notat all. 4 handwriting?
5 Q Is it your position then, based on what 5 A Yes, it is.
6 you just told me, that nothing that you postedin | 6 Q And what does that refer to?
7 September of 2004 had any religious content? 7 A The Predator Versus Alien movie is comin;
8 A Correct. 8 out.
9 Q_ That is your position? 9 Q Ifyou could take a look at Murray-16, it
10 A. That is my position. 10 is your October 6th, 2004 EEO statement.
Bl Q Is it your position that nothing that you Ww A Gotit.
12 posted in September of 2004 had any racial 12 Q_ Ifyou could look at Page 3 of the
13 components to it? 13 statement, turn to Page 3.
14 A True. Correct, my position. 14 A (Witness complies.)
15 Q_ Do you know how the September 2004 15 Q_ About midway down, it says referring to,
16 postings were discovered? 16 it is just a matter of time now. Be patient. This
v7 A It seems as though Mr. Buffone called Mrj 17 refers to the upcoming presidential election; is
18 McEvoy and told him to go back and look at thenj.18 "that true?
19 Q Called Mr., who? 19 A. That is true.
20 A Mr. McEvoy, John McEvoy. 20 Q So it did refer to the election?
21 Q How do you know that? 21 A Yes. Both. Well, the election wasn't
22 A | don't, it is just an assumption. 22 going to be then, at the time of the movie, but when
23 Q Okay. Did you see Mr. McEvoy observin; 23 I put it up, I was talking about the election.
24 your work station? 24 Then, when I was scanning the Internet and I seen

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1 of clique or alliance at the Federal Records Center? | 1 given for the denial?
2 A No. 2 A Yes.
3 Q Did Mr. Roland ask you not to issue long 3 Q_ And it states that the physical
4 type written, what we call, manifestos? 4 requirements for your former duties in the General
5 A Idon't remember. 5 Records Section, and your current duties in the
6 Q You don't remember that? 6 Trust Fund are the same, moreover, the performing
7 A No. 7 standards are the same, therefore, if you are having
8 Q_ 1am going to have marked, now, as 8 difficulty performing duties in the Trust Fund
9 Murray-8. 9 Section, you would have equal difficulties doing s
10 (Whereupon, a document was 10 in your former assignments in the General Recordg
i marked for identification as 11 Section; did you discuss this petition with Mr.
12 Exhibit Murray-8.) 12 Roland?
13. BY MR, SULLIVAN: 13 A No.
14 Q. Which is styled a memo from you to David | 14 Q Did you understand that he was saying that
15 Roland when he was in the position of assistant 15 there wasn't a significant physical difference
16 regional administrator, dated May 12th, 2003; if you | 16 between to two jobs?
17 could take a look, this is a cover document fora 17 A Yes.
18 set of documents. 18 Q Did you ever challenge that further?
19 A Isecognize this document. 19 A No.
20 Q Okay. The second paragraph says, "My 20 Q > And the last document that I am going to
21 current annual PE is 88, minimally successful. 1 21 show you relating to these topics, I am going to
22 need to be reassigned, as soon as possible, to 22 have marked as Murray-9.
23 receive a wage grade increase.” Is that correct 23 (Whereupon, a document was
24 that you had been graded minimally successful with 4 24 marked for identification as
Page 43 Page 45
1 PE of 88 around that time? 1 Exhibit Murray-9.)
2 A. That's correct. 2. BY MR. SULLIVAN:
3 Q. And is the reassignment that you are 3 Q_ Ifyou could take a look at this, this is
4 requesting the one that you already referred to? 4 ahuly 21st, 2003 notice regarding your performance
5 A Yes. 5 during the appraisal period, October Ist, 2002 until
6 Q. And Mr. Roland writes at the bottom, 6 June 28th, 2003, sent to you by Elizabeth
7 Darryl, my decision is attached; is that correct? 7 Washington.
g A. Yes, that's correct. 8 A Yes, | recognize this one.
9 Q. And then I am going to tum to the 4th 9 Q It says that your performance during that
10 page of the 6 or 7 pages that | handed to you, it 10 period of time was not at an acceptable level of
11 _ says, Disposition of Reasonable Accommodation 11 competence. Therefore, your within-grade increase
12 Request; did you understand that you made a 12 would not be granted, your overall rating is
13 reasonable accommodation request? 13. minimally satisfactory, your PE score was
14 A Yes. 14 87 percent; do you recall receiving this?
15 Q And who had you sent that to? 15 A Yes.
16 A I think I was directed to give it to David 16 Q And do you remember being told that you
17 Roland. 17 were at a minimal acceptable level --
18 Q And it states here that your reasonable 18 A Yes.
19 accommodation request was to return to your former| 19 Q minimally satisfactory level during.
20 position in the General Records Section; correct? 20 this period?
21 A Correct. 21 A Yes.
22 Q. And that was being denied? 22 Q Under Actions Necessary for Improvement on}
23 A Yes. 23 Page I, it says, "Rather than following agency
24 Q_ And on the next page, there are reasons 24 procedures, you sometimes make your own procedure}

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1 Q And that has been the case for many years?| 1 A No, I was ina car accident and | seen Dr
2 A Since 1999. 2 -- what is his name; | have it on the tip of my
3 Q_ Ishe your only general medical 3 tongue. It will come to me.
4 practitioner since ‘99? 4 Q > When were you in a car accident?
5 A Correct. 5 A 2003. December 2003.
6 Q > Have you seen any other doctors within the] 6 Q_ Were you the driver of the car?
7 past three years? 7 A Yes.
8 A No, the last was 2000. The last time that 8 Q Did you collide with another car?
9 I seen a different doctor. 9 A I got hit from the rear and sandwiched in
10 Q_ So for your musculoskeletal issues that 10 and pushed into another car.
11 you've been talking about, for fibromyalgia, I 11 Q Where did that occur?
12 believe; correct? 12 A That occurred on North Broad Street.
3 A Yes. 13 Q > Were you injured?
14 Q Have you seen any doctors, therapists, 14 A Just some back pain; hit my head, but |
15 anybody other than Dr. Jaffe for medical treatment? 15 don't think it -- ] don't think it knock anything
16 A Not that -- Dr. Papau. 16 loose,
17 Q And is Dr. Papau at the same -- can you 17 Q > And you saw a doctor after that?
18 spell it? 18 A Yes.
19 A. No,he is Albert Einstein Arthritis 19 Q And is that a doctor that Dr. Jaffe or
20 Center. 20 Dr. Papau referred you to?
21 Q Can you spell his last name? 21 A. No, he is a neighborhood doctor.
22 A P-A-P-A-U. 22 Q How did you decide upon going to him? |:
23 Q Do you know Dr. Papau's first name? 23 A He handles therapy.
24 A Ramesh, R-A-M-E-S-H. 24 Q Did anybody refer you to him?
Page 247 Page 249
1 Q Dr. Papau is a he? 1 A No, I saw him on my own.
2 A Yeah. 2 Q > What did you see him for, and how many
3 Q And he is at Albert Einstein Arthritis 3 occasions did you see him?
4 Center? 4 A About a month. He just put heat pads on
5 A. Arthritis Center. The rheumatology 5 my back and shoulders.
6 department. 6 Q_ What is his name?
7 Q Is that in Albert Einstein Hospital? 7 A I don't know that, I have it at home and I
8 A Correct. 8 have it on the tip of my tongue.
9 Q > When did you first see Dr. Papau? 9 Q Would you send that to me?
10 A January of 2000. 10 A Sure.
io Q You saw Dr. Papau for what? WW Q > And when you send that, if you could just
12 A. The arthritis leg pain. 12 give me the address and phone number for Dr. Jaffe's
13 Q What kind of doctor is Dr. Papau? 13 office and Dr. Papau's office, or I can try and find
14 A Rheumatologist. 14. them myself. That is the only one that we were
15 Q How often have you seen Mr. Papau since | 15 asking for.
16 January of 2000? 16 Have you seen any doctor or any
17 A Jhaven't been back since there isn't no 17 medical practitioner of any sort, other than
18 cure for what I have. The pain symptoms get worsp18 Dr. Jaffe, Dr. Papau and the doctor that you just
| 19 with age; itis degenerative. 19 referred to since January 20007
20 Q_ So just one visit? 20 A No.
21 A Um-hum. 21 Q And just so I am clear, your only basis
22 Q Have you seen any other doctors, medical | 22 for seeking medical expenses in this case is not
23 practitioners since January 2000, since Dr. Papau {23 that you believe that your termination resulted in
24 and Dr. Jaffe? 24 any medical condition --

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1 A Correct. 1 you don't recall stating it, just let me know, that
2 Q Okay. And that is correct? 2 when he initially spoke to you through the front
3 A Correct. 3. door, he said, Darryl what are you doing here and
4 Q > You then state, "I heard from a friend 4 you replied, I am here to blow up the building, and
5 that Mr. Hughes did not go and talk to management 5 then said, I am here to see Skip; is it possible
6 about what I said right away, but that he talked to 6 that your statement at that time when you had the
7 someone who had approached him to ask what | wanteq 7 initial back and forth, I am here to blow up the
8 when I came to the building.” Who did you leam 8 building?
9 that from, or who did you hear that from? 9 A No, he never asked me what | was doing
10 A I think it was Miss Kim Parker, ] am not 10. there.
11 100 percent sure. 11 Q_ Are you sure?
12 Q Who is Kim Parker? 12 A 100 percent.
13 A. She — ah — is an employee who keys in 13 Q And he stated to you -- you also said, I
14 our daily production jogs into the computer system, 14 _ am going to bring my people up here, and you knoy
15 J think. 15 what that means; did you ever make that statement]!
16 Q You talked to her after September 22nd, 16 A | was telling him that ] was going to ji
17 2004, or on September 22nd, 2004? 17 bring Johnnie Cockran back, but that was it.
18 A Ah- on September 23rd she called me to 18 Q_ Do you recall saying anything else?
19 ask me what was going on; why did ] come to the 19 A No.
20 building, that there was a rumor going around, and J 20 Q_ Do you have -- you stated that you were in
21 told her that I don't know what they are talking 21. a state of rage at the time, because you were in
22 about. 22 that state, do you think that might have affected
23 Q You didn't tell her about what had 23 your ability to remember everything that was said af
24 happened on September 22nd? 24 the time?
Page 191 Page 193 |.
1 A I just told her that I came up to see Skip 1 A No.
2. for a minute, and that was it. 2 Q Do you feel like you have a solid memory
3 Q_ What did she tell you about what she 3 of what was stated?
4 observed on September 22nd? 4 A Yes.
5 A I don't think she observed anything. 5 Q Now, Mr. Murray, in your Affidavit and in
6 Q You said that I heard from a friend that 6 one of your EEO statements, you referred to being
7 Hughes did not go and talk to management about whaj 7 interviewed by law enforcement after the Septemba
8 I said right away, but he talked to somebody that 8 22nd, 2004 incident; do you recall being
9 approached him, you said that you heard that from 9 interviewed?
10 her? 10 A Yes.
i A Her or she heard it from someone. They 11 Q Do you remember who interviewed you?
12 were saying, J think they were trying to express the 12 A I got something with their names on it; J
13 point that they got it from James, the only thing I 13 don't have their card, but if they gave me the
14 could think -- understand how they could have 14 number —
15 knowledge of that, and he was telling someone that {15 Q You are referring to the FBI's Joint
16 John McEvoy approached him. When he did arrive at] 16° Terrorist Task Force?
17 the building that day, he didn't have anything to 7 A Correct.
18 say to him, and he approached him and asked him 18 Q_ Why did you use that as the investigative
19 about the whole incident. And not knowing just what] 19 agency?
20 was what, they didn't go any further than that. 20 A When I answered the door, that's how they
21 Q_ So you didn't get a name of anybody that 21. identified themselves.
22 Security Officer Hughes talked to after you arrived? {22 Q_Is it possible that they were Department
23 A No. 23 of Homeland Security Federal Protective Services?
24 Q. Security Officer Hughes has stated, and if 24 A lunderstand they are all the same.

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1 Fahrenheit 9/11, that is the only one. 1 A No.

2 Q Okay, so there were some discussion about 2 Q You didn't feel that it was important to

3. the postings? 3. their investigation to know what you had said?

4 A Yes. 4 A I didn't -- they asked me if 1, personally

5 Q Did you talk about the events of September 5-1 was taking it as if I, personally, threatened

6 22nd? 6 to blow up any buildings, and I said no.

7 A No. 7 Q Did they ask you whether you had

8 Q Notat all? 8 threatened anyone, or anything?

9 A No. 9 A No.
10 Q_ Did they ask you what had happened on 10 Q If their record and their file, and we
11 September 22nd, 20047 11 will talk about the connection of that ina second,
12 A No. 12. ifit says that they did ask you about that and you
B Q Nothing? 13 denied threatening anyone or anybody; is that
14 A Nothing. 44 correct?
15 Q Iam going to show you your Affidavit. 15 A. They asked me if | ever threatened to blo
16 Starting here at the bottom of Page 5 and move on to 16 up any buildings, and J said no.
17 Page 6 here, you state that these investigators came 17 Q Did they ask you whether you had ever
18° out to my home to talk to me. They came to talk to 18 threatened anybody?

19 me because they wanted to investigate my identity -- | 19 A Maybe they did, I don't.
20 remember we already talked about the Chicago issue, | 20 Q But you didn't tell them about the
21 and then they eventually got into talking about my 21 comments from the previous day that you made t
22 employment at NARA. J answered all kinds of 22 Officer Hughes?

23 questions about my personal family background. They 23 A No.
24 asked me what was going on with my jeb, and {told | 24 Q Did you tell those officers, those
Page 199 Page 201

1 them that 1 was on administrative leave because I 1 investigators that you went to see Warren Hammond

2. was having social problems. He asked me iflever] 2 regarding a small debt?

3. threatened to blow up any buildings, specifically, | 3 A Did I tell them about that; I don't —I

4 at the Records Center -- specifically at the Records] 4 don't know if] told them about that.

5 Center. I told them that I thought J would be going 5 Q Did you go to see Mr. Hammond regarding a

6 back to work soon, and that I had a lot of friends 6 small debt on September 22nd, 20047

7 there. They advised me that I should not go there 7 A No, I wanted to let him know that I was

8 any more. I did not see any signs that they were $ allright. I don’t remember if he owed me a couple

9 concemed about my activities after we talked; so | 9 of dollars, or if] owed him a couple of dollars, so

10 they did ask you, then, if you had ever threatened 10 I might have brought that up, but that wasn't the

11 to blow up any buildings, including the Records 11 reason why I went there.

32 Center? 12 Q It wasn't the reason?

13 A Yes. 13 A No.

14 Q Did you tell them on that occasion about 14 Q_ Inone of your statements, and 1] can show

15 the comment that you had made to Officer Hughes? 15 you these if you want, it says, only a fool would

16 A No. 16 make blatant, incriminating comments about blowing
7 Q Why not? 17 upa government facility since the terrorists attack

18 A Because they didn't ask me. 48 on 9/11; would you agree that it is legitimate for

19 Q > But they asked you if you ever made any 19 federal employers to be increasingly vigilant in the
20 threats; correct? 20 wake of September | Jth, 2001?

2) A. Asked me if] ever threatened to do it, 21 A Yes.

22 that's what they asked me. 22 Q Okay. You also state in your October 6th,

23 Q Did you tell them about any of the 23 2004 EEO statement, I agree that management should
24 comments that you made to Officer: Hughes? 24 have the upper hand in all matters related to

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1 whatever. 1 would stack them in the cart, it doesn't make sense
2 Q Do you remember if there was any urgency | 2 to have something like this (indicating) to —
3. in getting the file copied? 3 Q Now, that is not showing up on the
4 ‘A it wasn't noted on the actual request 4 transcript, so make sure that if you want something
5 slip, but usually they wanted it within a couple 5 described, you say it in words.
6 days, if they can get it. 6 A. Itis not likely that a folder as thick as
7 Q Did you have any role to play in the file 7 one or two of these (indicating), that are heavier,
& being missing? 8 to another location and then sit it in the back of a
9 A No, I don't think so. 9 box. Itis also kind of difficult to see that
10 Q You are not sure? 10 because all of this folders in a given box, they are
+a) A [am 100 percent sure; I've never lost a 11 usually the same color, and the folders were of a
12 file in 17 years. 12 different color.
13 Q You never lost any files? 13 Q So you are saying that Ms. Tate lied?
14 A No. 14 A Yes.
15 Q So what happened next? 15 Q Why would she lie about that?
16 A think my supervisor notified me that it 16 A 1 think right around that time she was
17 was missing, and she assigned Dwayne Wilkerson to 17 trying to question me about my relationship with
18 try to see if he could find it, you know, he would 38 Mr. Buffone, and I -- my sixth sense just told me
19 help me to look for it, and we searched the entire 19 that she is up to something, she was trying to get
20 stack area from where it was pulled. I couldn't 20 something started, or she was about to -- let's be
21 find it, Dwayne Wilkerson couldn't find it, and 1 21 engaged in some kind of devilish behavior. And I
22. think the supervisor notified the customer that we |22 know from experience working there from other
23 couldn't, and then the customer called back and 23 employees who had similar incidents, they just
24 asked to speak to somebody higher, and I think she 24 resigned or quit because they knew that they didn't
Page 55 Page 57
1 ended up on the phone with John McEvoy, and that ig 1 lose any work, or something like that, so I know
2. how he ended up getting involved in it. I don't 2. that I had become a victim of that same kind of
3 know how he got involved in it, he was the 3 behavior.
4 supervisor on the loading dock at the time. 4 Q Did you ever raise that with management;
5 Q Did the file end up being found? 5 did you bring that to the attention of management,
6 A Yes, it did. 6 your view of that?
7 Q Who found it? 7 A Imentioned it to Miss Washington, but
8 A Vernel Tate. 8 without evidence, proof and the general hostile and
9 Q Where did she find it? 9 racial organization it would receive, it wouldn't do
10 A She told me that it was stuffed in the 10 any good.
11 back of the box that J had serviced subsequent to a Q. After that occurred in August 2003, was
12. the Tasha Odum box that I had. When I left that 12 there any greater tension between -- among you and
13. Tasha Odum's box, | went to another box that I 13 any other members of the clique?
14 pulled a file out, and she said that she found it in 4 A No, | generally tried to avoid them al! as
15 there, stuffed in the back. 15 much as I could.
16 Q Is that possible? 16 Yes, there was something.
V7 A Impossible. 17 Q And what was that?
18 Q. Why is it impossible? 18 A Dwayne Wilkerson had made several
19 A Impossible because I was pulling boxes -- 19 complaints to Ms. Washington that my work habits
20 putting boxes -- pulling folders out of boxes, it 20 were sloppy or something, or that 1 was messy, and y
21 could have been possible if | had been doing re 21 was in the file area.
22 files and putting two folders back in by accident, 22 Q Did you and he discuss that?
23. they could have been stuck together, but since T was 23 A She called me into the office, and he was
24 taking them out, and once 1 was taking them out,I | 24 talking to her, and he had told her that he wasn't

15 (Pages 54 to 57)

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