Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

 IN THE UNITED STATES DISTRICT COURT

 SOUTHERN DISTRICT OF OHIO

 EASTERN DIVISION

- - -

Melissa McFadden, :

 :

 Plaintiff, :

 :

 vs. : Case No. 2:18-CV-544

 :

City of Columbus, :

 :

 Defendant. :

- - -

 DEPOSITION

of Charles McFadden, taken before me, Karen Sue

Gibson, a Notary Public in and for the State of Ohio,

via Zoom, on Friday, May 20, 2022, at 10:00 a.m.

- - -

 ARMSTRONG & OKEY, INC.

 222 East Town Street, Second Floor

 Columbus, Ohio 43215-5201

(614) 224-9481

- - -

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Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 APPEARANCES:

2 Marshall Forman & Schlein, LLC

 By Mr. Samuel M. Schlein

3 250 Civic Center Drive, Suite 480

 Columbus, Ohio 43215

4 (614) 463-9790

 sschlein@marshallforman.com

5

 On behalf of the Plaintiff.

6

 City of Columbus, City Attorney's Office

7 By Mr. Paul Bernhart,

 Labor and Employment Attorney

8 Ms. Susan Williams,

 Chief of Labor and Employment

9 and Mr. Westley Phillips,

 Chief of Litigation

10 77 North Front Street

 Columbus, Ohio 43215

11 (614) 645-7461

 (614) 645-2586

12 (614) 645-7385

 pmbernhart@columbus.gov

13 sewilliams@columbus.gov

 wmphillips@columbus.gov

14

 On behalf of the Defendant.

15

ALSO PRESENT:

16

 Ms. Melissa McFadden.

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Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 Friday Morning Session,

2 May 20, 2022.

3 - - -

4 STIPULATIONS

5 It is stipulated by and among counsel for the

6 respective parties that the deposition of Charles

7 McFadden, a witness called by the Defendant under the

8 applicable Rules of Civil Procedure, may be reduced

9 to writing in stenotypy by the Notary, whose notes

10 thereafter may be transcribed out of the presence of

11 the witness; and that proof of the official character

12 and qualification of the Notary is waived.

13 - - -

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Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 CHARLES MCFADDEN

2 being by me first duly sworn, as hereinafter

3 certified, deposes and says as follows:

4 CROSS-EXAMINATION

5 By Mr. Bernhart:

6 Q. Good morning, sir. Would you please

7 state your name for the record.

8 A. Yes. My name is Charles McFadden.

9 Q. And, Charles, you are a firefighter with

10 the Columbus Division of Fire, correct?

11 A. Correct.

12 Q. And what is your rank?

13 A. Firefighter.

14 Q. Let's go over some ground rules for

15 today's deposition. If you don't understand a

16 question that I've asked, please ask me to rephrase

17 it or to repeat the question. If you answer any

18 question, I will assume that you understood it; is

19 that fair?

20 A. Yes.

21 Q. Okay. If you need a break today, just

22 let me know. I would only ask that you answer any

23 question that's pending before we take that break,

24 okay?

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1 A. Yes. Okay.

2 Q. And you are doing good so far, but it's

3 important today that you give verbal responses as

4 opposed to shaking your head. The court reporter

5 needs to take down my questions and your answers, so

6 can you agree to do that?

7 A. Yes.

8 Q. Are you suffering from any medical

9 condition that would prevent you from understanding

10 my questions and answering truthfully and accurately?

11 A. No.

12 Q. And don't be offended by this, I ask it

13 of everyone, but are you under the influence of

14 alcohol or any substance that would prevent you from

15 understanding my questions and answering truthfully

16 and accurately?

17 A. No.

18 Q. Have you ever had your deposition taken

19 before?

20 A. No.

21 Q. What did you do to prepare for today's

22 deposition?

23 A. Just thought about the past events. You

24 know, I spoke with my attorney and that was it.

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1 Q. Did you meet with anyone other than your

2 attorney?

3 A. No.

4 Q. Did you review any records?

5 A. No.

6 Q. Your wife has filed a lawsuit against the

7 City of Columbus; you understand that, correct?

8 A. Yes, I do.

9 Q. And you've been identified as a potential

10 witness for the upcoming trial. You understand that?

11 A. Yes.

12 Q. What is your general understanding of

13 your wife's claims against the City?

14 A. My understanding is that it's about the

15 City not doing enough to -- I guess to protect her

16 with what's happened on the Department, on the

17 Division of Police.

18 Q. Can you be any more specific than that

19 about what your understanding of her claims in this

20 lawsuit are?

21 A. Well, are we talking about specifically

22 today or over her career or what exactly are you

23 asking?

24 Q. This lawsuit.

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1 A. Okay.

2 Q. What is your understanding of -- of the

3 claims in this lawsuit?

4 A. My understanding is that she was assigned

5 to the property room. What else? And just how it

6 was just unjustly and it was just wrong. That's my

7 understanding of it. And the event that happened out

8 of it and the before and after. That's what I

9 understand that this lawsuit is about.

10 Q. When you said you met with your attorney

11 to prepare for today, who is your attorney?

12 A. Sam.

13 Q. Okay. And who was present at that

14 meeting?

15 A. Just me and Sam.

16 Q. And when did that meeting occur?

17 A. Yesterday.

18 Q. How long did you meet with Sam for?

19 A. It was an hour.

20 Q. Are you aware in March of 2017 three

21 African-American police officers came forward with

22 allegations that your wife had made racially

23 inappropriate comments?

24 MR. SCHLEIN: I am going to object to

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Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 that. The scope of this deposition is purely on

2 Melissa's alleged damages, not to liabilities.

3 Mr. McFadden has been named in this suit. On the

4 26(A) and all of your discovery responses, he was

5 amply available to discuss liability purposes during

6 discovery. So that's not related to damages, so he

7 shouldn't be subject at this deposition.

8 MR. BERNHART: Well, you know, some of

9 these are foundational for, you know, questions that

10 I have today about damages.

11 MR. SCHLEIN: You know, you can go a

12 little bit into this, but if we are going to talk

13 about the nature of the allegations that are against

14 Lieutenant McFadden, that would be subject to the

15 liability, not damages.

16 Q. Do you need me to repeat the question?

17 A. Yes. Yeah.

18 MS. McFADDEN: At this point I am going

19 to object.

20 MR. SCHLEIN: Melissa, that's for me to

21 do.

22 MS. McFADDEN: Okay. Well, can we take a

23 recess? Because I don't agree with this line of

24 questioning.

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Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 MR. BERNHART: Sam, are you instructing

2 the witness not to answer?

3 MR. SCHLEIN: He can -- can you ask the

4 question again?

5 MR. BERNHART: I will.

6 Q. Mr. McFadden, are you aware in March of

7 2017 at least three African-American police officers

8 came forward with allegations that your wife had made

9 racially inappropriate comments?

10 MR. SCHLEIN: To the extent that he was

11 aware of it in a yes or no sense, I'll allow him to

12 answer. Anything beyond that I think is beyond the

13 scope of what this deposition is and what we agreed

14 to in allowing Mr. McFadden to be dispose -- deposed,

15 excuse me, after the close of discovery.

16 MR. BERNHART: Okay. Your objection is

17 noted.

18 A. Okay. And one more time can you ask that

19 question, please?

20 Q. Are you aware that in March of 2017 at

21 least three African-American police officers came

22 forward with allegations that your wife had made

23 racially inappropriate comments?

24 A. Yes.

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1 Q. Do you know any of the officers that made

2 these allegations?

3 MR. SCHLEIN: I am going to object to

4 that. I am going to instruct him not to answer based

5 on our agreement for this deposition.

6 MR. BERNHART: Sam, we believe this goes

7 towards damages, whether he knows the individuals

8 that are the subject of this lawsuit.

9 MR. SCHLEIN: Are we -- how far are we

10 going to go into this, into the actual allegations?

11 MR. BERNHART: I am not asking about any

12 allegations. I am asking whether he knows the

13 officers that made the allegations.

14 MR. SCHLEIN: Can you explain how that

15 goes into -- to his testimony on damages?

16 MR. BERNHART: Because we believe that

17 it's a cause of -- of, you know, any stress that she

18 suffered and any mental anguish. It's directly

19 related to it.

20 MR. SCHLEIN: Whether Mr. McFadden knows

21 these officers?

22 MR. BERNHART: I have questions today

23 about, you know -- you've identified Mr. McFadden,

24 you know, as someone who can testify about -- about

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Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 damages; and, you know, it goes directly to

2 causation. We need to know -- we want to know what

3 the -- you know, the emotional distress that he's

4 witnessed from his wife or that he's observed. It

5 goes directly to causation.

6 MR. SCHLEIN: All right. Like I said, we

7 are going to have to be very careful with these

8 questions but, you know, there may be a time where if

9 we keep going here, we might have to get the

10 magistrate on the horn, but we will be careful on

11 these.

12 Charles, you can answer if you knew who

13 those three officers were.

14 A. Okay. Yes, I -- I do.

15 Q. You know them personally?

16 A. I know of them. I know of them.

17 Q. Are you able to testify as to their

18 credibility?

19 A. No. I don't know them that well, no.

20 Q. Okay. Do you have any personal knowledge

21 about the allegations that came out against your

22 wife?

23 A. I'm not sure what you are asking when you

24 say personal knowledge of. Like the details? I am

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Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 not sure. What are you asking?

2 Q. Yes. Are you familiar with the details?

3 A. Yes, I would say so, yeah.

4 Q. You weren't present when any -- when any

5 of these alleged comments were made to your wife,

6 were you?

7 A. Which comments?

8 Q. Any of the comments that -- that these

9 three officers came forward with.

10 A. There's been a lot of things said. I'm

11 not sure. Are you talking like Facebook stuff or

12 like --

13 Q. No. I am asking -- yes, while she was at

14 work, she allegedly made these comments to Officers

15 Tate, Morefield, and Johnson. Were you ever present

16 when those comments were --

17 MR. SCHLEIN: That's -- that's -- no.

18 That's -- that's purely towards liability. You are

19 asking if he was there when these comments were or

20 were not made. That's not causation to alleged

21 damages. That's purely towards liability.

22 MR. BERNHART: Are you instructing the

23 witness not to answer?

24 MR. SCHLEIN: I am at this point for that

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Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 question, yeah.

2 MR. BERNHART: I will move on for now --

3 right. I'm going to move on for now, but I am going

4 to reserve the right to address that, if needed,

5 later.

6 Q. Moving forward, are you aware that the

7 City conducted an investigation about the allegations

8 that came out against your wife?

9 A. Yes, yes.

10 Q. You don't have any personal knowledge of

11 what that investigation entailed, do you?

12 MR. SCHLEIN: I will make a continuing

13 objection to any of the questions regarding the

14 investigation.

15 You can answer that one.

16 THE WITNESS: I'm sorry. You said I can

17 answer that one or?

18 MR. SCHLEIN: Yes.

19 A. Okay. Ask the question again, please.

20 Q. Sure. You don't have any personal

21 knowledge of what the investigation actually

22 entailed, do you?

23 A. Yes, I have some knowledge of it.

24 Q. Were you involved in any way in the

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Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 investigation?

2 A. No.

3 Q. Okay. Were you interviewed as part of

4 the investigation?

5 A. And let me make sure I am clear now, you

6 are asking about the Internal Affairs investigation?

7 Q. Correct. Correct.

8 A. Okay. No, I wasn't involved at all.

9 Q. Did you ever speak with the -- with the

10 Sergeant who conducted the investigation?

11 A. No.

12 Q. Okay. While the investigation -- while

13 the investigation occurred, your wife was reassigned

14 temporarily to the property room. Are you aware of

15 that?

16 A. Yes.

17 Q. And this also occurred in March of 2017?

18 A. Yes.

19 Q. During the course of today's deposition,

20 I am going to be referring to, you know, the events

21 of March 2017. Could we agree that you understand

22 when I refer to March of 2017 to be, you know -- the

23 date that I am referring to is when your wife was

24 reassigned to the property room?

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1 A. Yes.

2 Q. Does that make sense? Okay.

3 A. Yes.

4 Q. Do you have any personal knowledge as to

5 the reason the Division reassigned your wife to the

6 property room?

7 A. Yes.

8 Q. And what's your personal knowledge?

9 A. She was reassigned due to the allegations

10 that were made against her, you know.

11 Q. Okay. But do you know why -- you know,

12 specifically why the City reassigned her to the

13 property room as opposed to anywhere else?

14 MR. SCHLEIN: Objection.

15 A. No.

16 Q. Okay. And you don't have any personal

17 knowledge of what your wife was assigned to do in the

18 property room, do you?

19 A. Yes, I do.

20 Q. And what's your personal knowledge of

21 that?

22 A. She was assigned to the property room to

23 count the ballistic vests, to, I guess, record by the

24 serial numbers the ones that are being taken out of

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Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 service, and organize that.

2 Q. And that's what she told you, correct?

3 A. Yes.

4 Q. Other than what she told you, do you have

5 any knowledge of what she was doing in the property

6 room?

7 A. No.

8 Q. Do you know Rhonda Grizzell?

9 A. I know of her. I don't know her

10 personally.

11 Q. These questions are do you know them

12 personally. Do you know Commander Gardner

13 personally?

14 A. No.

15 Q. Do you know Deputy Chief Kuebler

16 personally?

17 A. No.

18 Q. Do you know former Chief Kim Jacobs

19 personally?

20 A. No.

21 Q. You are aware that Chief Jacobs

22 recommended that your wife be terminated, correct?

23 MR. SCHLEIN: Objection. You can answer.

24 A. Okay. Say that question again.

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1 Q. You are aware that Chief Jacobs

2 recommended that your wife be terminated, correct?

3 A. Yes.

4 Q. And ultimately your wife received no

5 discipline out of the investigation, correct?

6 A. Correct.

7 Q. And that's because the Director of Public

8 Safety did not sustain the charges against your wife,

9 correct?

10 A. Yes, that's correct.

11 Q. You don't have any personal knowledge as

12 to why the Chief of Police recommended your wife be

13 terminated, do you?

14 A. Yes, I feel I do. I feel I do.

15 Q. What's your personal knowledge?

16 A. You know, my knowledge is from reading

17 and what was in the newspaper, what was sent -- what

18 was put out by the news media and then just, you

19 know, what my wife had told me.

20 Q. Okay. Other than what you read or saw in

21 the media and what your wife told you, do you know

22 personally why Chief Jacobs recommended that your

23 wife be terminated?

24 A. I mean, I think that's -- I think that

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Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

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1 tells me why that she was. I mean, I didn't sit down

2 and talk with Chief Jacobs; but, you know, I feel --

3 I feel pretty confident that I know that's the

4 reasons that she recommended that.

5 Q. And what are the reasons that you

6 understand?

7 A. Well, what you said earlier, how -- you

8 know, about the allegations that you spoke of

9 earlier, you know, those reasons, I believe, is why

10 she recommended her for termination.

11 Q. Okay. Do you know why -- do you know why

12 the Public Safety Director did not sustain the

13 charges against your wife?

14 MR. SCHLEIN: Objection. You can answer.

15 A. Okay. Again, that's the same -- I would

16 give the same response. I believe just from, again,

17 what I saw in the media, talking with my wife, and

18 then, you know, I feel confident in what I know with

19 that to why that it was given -- why she was given no

20 discipline.

21 Q. Okay. So is it fair to say that any

22 knowledge you have regarding the allegations that

23 were made against your wife, the reassignment to the

24 property room, the investigation, the disciplinary

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1 charges, and the outcome of those disciplinary

2 charges all come from what you saw or read in the

3 media or what your wife told you?

4 A. Correct. Yes.

5 Q. Okay. Mr. McFadden, what's the last

6 grade level you completed of schooling?

7 A. Completed, I completed 12th grade or my

8 senior year.

9 Q. Did you attend any college?

10 A. Yes, attended a lot of college.

11 Q. Okay. Did you graduate from college?

12 A. No.

13 Q. Where did you attend college?

14 A. My first college was University of

15 Maryland along with Park College, did University of

16 Phoenix, went to Ohio State University, and I think

17 that was all my schooling collegewise, a lot of trade

18 schooling and all.

19 Q. And how many credits short are you from

20 graduating from college?

21 A. I've never figured it out. I've been

22 told I'm pretty close. I just haven't put it

23 together to -- to complete. Whether it's an

24 Associate's or how far from a Bachelor's, I'm not

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1 sure.

2 Q. What trade school have you attended?

3 A. Paramedic school. I'm not sure if that's

4 considered --

5 Q. Where did -- I'm sorry for talking over

6 you. One of the other ground rules for today I've

7 just violated, it's important because there's a court

8 reporter taking this all down, that you let me finish

9 my questions before you answer, and I am going to do

10 my best to let you finish your answer before asking

11 the next question.

12 So I want to be clear, where did you

13 attend paramedic school?

14 A. Through Columbus Fire which is a joint

15 venture with Columbus State Community College.

16 Q. And when did you graduate or complete

17 that program?

18 A. Let's see, I want to say actually 2015.

19 Q. Did you receive a certification?

20 A. Yes. National Reg -- it was the National

21 Registry Certification.

22 Q. Do you have any other certifications?

23 A. No.

24 Q. Have you ever served in the military?

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1 A. Yes.

2 Q. Which branch?

3 A. The Marine Corps.

4 Q. And when were you discharged?

5 A. 1995 of -- I think it's October 31, 1995.

6 Q. Was it -- did you receive an honorable

7 discharge?

8 A. Yes.

9 Q. Are you currently employed?

10 A. Yes.

11 Q. Okay. And you are employed with the

12 Columbus Division of Fire?

13 A. Yes.

14 Q. Do you have any other employment?

15 A. Yes, sir; yes, I do.

16 Q. Where else are you employed?

17 A. Southwest Airlines.

18 Q. And what do you do at Southwest Airlines?

19 A. I am an operations agent.

20 Q. Can you just generally describe what that

21 is or what you do in that position?

22 A. Yes. I'm responsible for the weights and

23 balances for the aircraft, and I board the customers,

24 get them on the plane, the ticket agent part of it.

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1 Q. How many hours a week do you work as a

2 firefighter?

3 A. 40 hours a week.

4 Q. And how many hours a week do you work at

5 Southwest?

6 A. Between -- between 30 and 40 right now.

7 It hasn't always been like that, but it is now so.

8 Q. How long have you worked for Columbus

9 Division of Fire?

10 A. For 23 years.

11 Q. And what station are you currently

12 assigned?

13 A. I'm assigned to the Training Academy

14 under the React and Spark Program.

15 Q. And how long have you been assigned to

16 the Training Academy?

17 A. For three years now.

18 Q. Where was your assignment prior to that?

19 A. Station 18 on Cleveland Avenue.

20 Q. How long did you work there?

21 A. I worked there for another five years.

22 Q. Who is -- who is currently your direct

23 supervisor?

24 A. Isaac Tolliver.

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1 Q. Is he -- is he a Sergeant or Lieutenant?

2 A. A Lieutenant.

3 Q. Lieutenant, so Lieutenant Tolliver?

4 A. Yes, uh-huh.

5 Q. Okay. And who was your supervisor when

6 you were at Station 18?

7 A. Let me see, we had -- it's hard to

8 explain in short words, but we had -- we have

9 Lieutenants that come in, come out, so I didn't

10 really have a -- like a long-standing supervisor. I

11 guess I would say you probably could put down Chief

12 Moore, Chief Sean Moore.

13 Q. Were you ever supervised by Ned Pettus?

14 A. He was the Chief of the Fire Department

15 but not a direct supervisor.

16 Q. Okay. Did you ever work directly with

17 Ned Pettus?

18 MR. SCHLEIN: Objection.

19 A. No.

20 MR. SCHLEIN: He is not relevant to

21 damages.

22 Q. Was your answer no?

23 THE WITNESS: Can I answer that?

24 MR. SCHLEIN: Yeah.

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1 A. Okay. No, I was -- no.

2 Q. Okay. Do you have any relationship with

3 Ned Pettus?

4 MR. SCHLEIN: Objection. And we are not

5 going to answer that one. This has nothing to do

6 with damages, his relationship or lack thereof with

7 Ned Pettus.

8 MR. BERNHART: You are instructing the

9 witness not to answer?

10 MR. SCHLEIN: Correct.

11 Q. Okay. Did you ever speak with Director

12 Pettus about your wife's case?

13 MR. SCHLEIN: Objection. I am going to

14 instruct him not to answer. Again, this doesn't have

15 to do with damages. If you wanted to know about

16 whether Mr. McFadden spoke with Mr. Pettus about, you

17 know, Lieutenant McFadden's case, that could have

18 been done during liability discovery, but we decided

19 to do this for damages and this doesn't have to do

20 with damages.

21 Q. Okay. Well, earlier you testified that

22 you don't have any, you know, personal knowledge

23 outside of what you read in the media, saw in the

24 media, or what your wife told you as far as why

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1 Director Pettus did not sustain the charges; is that

2 true?

3 A. Yes.

4 Q. Okay. Do you golf with Mr. Pettus?

5 MR. SCHLEIN: I am going to object and

6 say he is not going to answer that one either.

7 MR. BERNHART: You are instructing the

8 witness not to answer?

9 MR. SCHLEIN: Correct.

10 Q. You've worked with the Columbus Division

11 of Fire for 23 years, correct?

12 A. Yes.

13 Q. Has that always been in the capacity as a

14 firefighter?

15 A. Yes.

16 Q. Have you ever held any rank higher than

17 firefighter?

18 A. No.

19 Q. In addition to being a firefighter, are

20 you also a paramedic?

21 A. Yes.

22 Q. In your current role at the -- at the

23 Training Academy, do you respond to -- are you a

24 first responder to fires or to emergency situations?

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1 A. Yes. I still -- still -- still will do

2 that but not, you know, out -- not out of the

3 Training Academy. That's not my job there. It's a

4 different kind of job.

5 Q. Well, for the last three years, you've

6 been assigned to the Academy. Are you also assigned

7 to any station?

8 A. I'm still assigned to a station, but I

9 don't -- I don't report to that station.

10 Q. In the last three years, have you

11 responded to any fires or emergency situations?

12 A. Yes, I have.

13 Q. Have you been subject to discipline at

14 any point during your career?

15 A. Let me think here. Yes, yes.

16 Q. I want to walk through each of those

17 disciplines. When -- to the best of your

18 recollection, when was the last time you were

19 disciplined?

20 A. Think here. I think I am going to go

21 back to in '99. 2002. I believe it was 2002.

22 Q. So did you start with the Division in

23 '99?

24 A. Yes.

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1 Q. Okay. And in 2002 what were you

2 disciplined for?

3 A. I believe it was for I didn't pass -- I

4 think I didn't pass a test or some testing. I don't

5 know if it was EMT testing at the time. And they

6 write up a form, and you just sign it, so it was --

7 you know, that's all it was.

8 Q. Sounds like a written counseling-type

9 thing?

10 A. Correct. Correct.

11 Q. Has there been any other time you've been

12 disciplined by the Division?

13 A. No.

14 Q. Have you ever filed an EEO complaint

15 during the time you've been employed with the

16 Division of Fire?

17 A. No.

18 Q. Have you ever been the subject of an EEO

19 investigation during the time you've been employed

20 with the Division of Fire?

21 A. No.

22 Q. Have you ever worked in the Division of

23 Fire's Internal Affairs Bureau or its equivalent?

24 A. No.

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1 Q. Have you ever conducted an administrative

2 investigation at the Division of Fire?

3 A. I have been a part -- a part of

4 investigations through our union, but I haven't

5 conducted one, been a part.

6 Q. So you have been like a witness during an

7 investigation?

8 A. I was a union steward years ago, so I

9 have a little knowledge of how that works so.

10 Q. That was going to be the next question I

11 ask is have you ever served as a union steward?

12 A. Yes.

13 Q. When did you serve as the union steward?

14 A. Let's see, let me go through my career

15 here. I can't remember the exact dates. I want to

16 say from maybe 2005 to 2010, I believe. I would have

17 to look back over my record that I have.

18 Q. And what did you do in that role as union

19 steward?

20 A. You work with the Local 67, our union,

21 fire union, to, you know, pass the information that

22 the union has and represent firefighters when they

23 are being charged with -- with some sort of

24 violation.

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1 Q. So you would represent the firefighter

2 during their interviews and if the case proceeded to

3 arbitration?

4 A. Actually that's a bad word to use. Not

5 represent, just stand by their side basically,

6 just -- just...

7 Q. Be their union representative?

8 A. Right, right. Just make sure that --

9 that the investigator's not going outside the

10 questioning that is -- you know, make sure they are

11 not being charged so.

12 Q. So during those -- are you finished

13 answering?

14 A. Yes.

15 Q. Okay. During those 5 or 10 years that

16 you served as a union steward, did you ever represent

17 any officers that were being charged with EEO

18 violations?

19 A. No.

20 Q. You are, of course, married to Melissa

21 McFadden, correct?

22 A. Correct.

23 Q. When were you married?

24 A. 2008.

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1 Q. And did you date prior to getting married

2 to her?

3 A. Yes.

4 Q. For how long?

5 A. Six years.

6 Q. Did you know her prior to that, prior to

7 dating her?

8 A. Yes.

9 Q. How long have you known your wife?

10 A. I believe it was February of 2000.

11 Q. Where did you meet her?

12 A. I believe met at -- at the Fire Academy.

13 Yeah, Fire Academy.

14 Q. So did you ever know her outside of the

15 Academy other than in your dating and married life?

16 A. No.

17 Q. Do you have any previous marriages?

18 A. Yes.

19 Q. How many?

20 A. Two.

21 Q. Do you have any children with Melissa?

22 A. We have a child we raise together, yes.

23 Q. And how old is that child now?

24 A. 21.

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1 Q. And did that child come from one of your

2 previous marriages?

3 A. Yes.

4 Q. And what's that child's name?

5 A. Charles Lamont Isaiah McFadden.

6 Q. Do you have any other children?

7 A. No.

8 Q. Does your wife have any other children?

9 A. No.

10 Q. Do you live with your wife?

11 A. Yes.

12 Q. Have you lived with her continuously

13 since March of 2017?

14 A. Yes.

15 Q. Do you share any hobbies with your wife?

16 A. Yes.

17 Q. Can you briefly describe what those

18 hobbies are?

19 A. I'm not sure if you can call it a hobby,

20 but we watch a lot of shows, different shows that we

21 like together. We like to travel and go to the same

22 places, you know, see the same type of shows. I am

23 not sure if you can call that hobbies, but we like to

24 do a lot of trips together.

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1 Q. Okay. Can you tell me what some other

2 things you like to do together are?

3 A. That's -- that's our life, you know,

4 just -- just spending time when we can together and

5 enjoying different things around the house and all

6 and when we go places.

7 Q. Has any of that changed since March of

8 2017?

9 A. Yes.

10 Q. Okay. Can you describe how it's changed?

11 A. You want me to go back to March of 2017

12 or now? Which -- what time frame are you

13 specifically asking for?

14 Q. Let's talk about watching T.V. together.

15 You said that's one of the activities that you like

16 to share with your wife is watching different T.V.

17 shows together. You know, prior to March of 2017,

18 did you enjoy watching T.V. shows with your wife?

19 A. So again, so prior to -- so you're saying

20 before then -- before March of 2017.

21 Q. Yes.

22 A. Okay. Before then, yes, yes.

23 Q. Did you continue to watch television

24 shows with your wife after March of 2017?

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1 A. From what -- from that time frame, no.

2 We -- it was drastically -- you know, drastically

3 less, a lot less actually.

4 Q. And what was the reason that you stopped

5 watching T.V. shows together?

6 A. I believe she was dejected just from

7 everything that had happened and no one -- she

8 didn't -- just wasn't interested with everything

9 going on, you know, just can't focus so.

10 Q. Do you have Netflix?

11 A. Yes.

12 Q. Do you guys watch a lot of programs

13 together on Netflix?

14 A. Yes.

15 Q. What are some of your favorite shows?

16 A. Netflix, let's see, we've watched not a

17 whole lot of series. Trying to think the last thing

18 we watched on Netflix. Let me think here. I know we

19 watched -- oh, yeah, Ozark. I don't know why I

20 couldn't think. Yeah, Ozark, we went through that

21 whole season, a little bit of Squid Games, and just

22 other random movies that we've watched.

23 MR. SCHLEIN: No asking about password

24 sharing.

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1 Q. I won't ask about password sharing. And

2 you've watched those in recent years. I know the

3 Squid Games just came out I think a year ago.

4 A. Yeah.

5 Q. And Ozark has over the last few years

6 come out with different seasons.

7 A. Right, yeah, uh-huh.

8 Q. And you said that, you know, you

9 decreased watching T.V. shows because of everything

10 that occurred with your wife. And when you say

11 everything, are you talking about, you know, the

12 investigation, the recommended termination, and all

13 of that?

14 A. Yeah.

15 Q. All that played a factor in, you know,

16 your wife's decreased attention span and things like

17 that that you just described?

18 A. Yes.

19 Q. Okay. Do you and your wife have a

20 current favorite T.V. show?

21 A. Yes.

22 Q. And what is that?

23 A. Walking Dead, Fear of the Walking Dead,

24 just getting into catching up with -- what's that

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1 show? Like the vikings, what is it called or? Game

2 of Thrones. I am just starting to watch that.

3 Q. And you watch both of those with your

4 wife?

5 A. Yes.

6 Q. You mentioned that you guys like to

7 travel. Have you been on any vacations in the last

8 few years?

9 A. Yes.

10 Q. Where -- where have you vacationed? When

11 was your last vacation? Let's start there.

12 A. Last vacation was Las Vegas.

13 Q. Did you go with your wife?

14 A. Yes.

15 Q. And when was that?

16 A. I think just a couple weeks ago.

17 Q. Did you guys have fun?

18 A. Yes, yeah.

19 Q. So Las Vegas a couple weeks ago. Prior

20 to that when was your last vacation?

21 A. Let me see here, Las Vegas and -- oh, we

22 went to Brooklyn, New York. That was in the fall

23 of -- this is 2022. 2021, let's say around August,

24 September time frame we went there.

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1 Q. Did you have fun in Brooklyn?

2 A. Yes.

3 Q. Did you guys go for pleasure, I assume?

4 A. Yes, pleasure.

5 Q. So Vegas, Brooklyn. How about prior to

6 Brooklyn, did you travel? Let me ask, did you go

7 with your wife to Brooklyn?

8 A. Yes.

9 Q. Okay. Prior to that when was your last

10 vacation?

11 A. Let's see, we went to -- we go to Phoenix

12 a lot. I am trying to think when. It was -- let's

13 see, I can't remember exactly if it was during the

14 summer. It might have been summer or late springtime

15 of last year.

16 Q. Last year? You say you go to Phoenix a

17 lot. Is there a particular reason you go to Phoenix

18 a lot?

19 A. Yeah. My dad and my son live out there.

20 Q. Okay. Have you and your wife been out to

21 Phoenix, you know, more than -- more than once in the

22 last few years?

23 A. Yes.

24 Q. Okay. More than five times?

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1 A. Probably right about five times, I would

2 say.

3 Q. And maybe how about since -- since 2017?

4 Is that what you are talking about, five times?

5 About once a year?

6 A. Let's see, we -- I'm sorry. Ask me that

7 again, please.

8 Q. Sure. You testified that you -- you and

9 your wife have gone out to Brooklyn. You have got

10 family there. You know, in the last five years, how

11 many times would you say you've been to Phoenix?

12 A. No, we don't have family in Brooklyn but

13 Phoenix.

14 Q. Oh, Phoenix, Phoenix.

15 A. Right. But Phoenix, I don't know, since

16 2017, I would have to look back exactly, but I know

17 we increased it after -- my dad has been there a long

18 time, but we started going out there more I would say

19 20 -- 20, I don't know, 19 or so so. As far as how

20 many times, I couldn't tell you. I would have to

21 look back. We go there a few times a year at least

22 so.

23 Q. Okay. And in addition to seeing your --

24 your dad, do you also, you know, do other activities

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1 while you are out there?

2 A. Yes.

3 Q. I've never been to Phoenix. Do you have

4 a good time when you go out there?

5 A. Yes.

6 Q. Other than Phoenix, Brooklyn and Vegas,

7 have you been anywhere else in the last five years?

8 A. Yes.

9 Q. For vacation?

10 A. Yes.

11 Q. Where else?

12 A. Went to San Francisco, been to San

13 Antonio to River Walk. Where else? And we've been

14 to Manhattan, so we've been a lot of places here.

15 You know, like I said, since 2019 I would say so.

16 Q. Yeah. All those, San Francisco, San

17 Antonio, Manhattan, all pleasure?

18 A. All pleasure.

19 Q. Okay. And all with your wife?

20 A. Yes.

21 Q. And it sounds like you like to travel.

22 Prior to all this happening with your wife in 2017,

23 did you guys -- did you guys travel a lot before that

24 too?

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1 A. We traveled some, yes.

2 Q. Have you -- has the travel increased in

3 the last few years?

4 A. Just since 2019.

5 Q. Okay. Any particular reason?

6 A. You know, my -- you know, I work for the

7 airlines, so it makes it easier and then trying to

8 make -- make a point to travel and try to be happy,

9 you know, so I think -- I think that those are the

10 main reasons.

11 Q. Okay. That makes sense. I assume that,

12 you know, traveling around the country makes you

13 happy, makes your wife happy; is that fair?

14 A. Yes.

15 Q. We talked about T.V. shows. We talked

16 about travel. One of the other things you mentioned

17 was that you guys like to see the same type of shows.

18 Are you talking about something other than T.V.?

19 A. Yes.

20 Q. And what are you talking about?

21 A. Comedy shows. What else? When we went

22 to Vegas, we saw John Legend, music artists. What

23 else? Movies, things like that.

24 Q. Do you guys go to a lot of concerts?

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1 A. No, no, not a lot, just if we find

2 someone -- hear about someone we may want to see,

3 then we will.

4 Q. You got to see John Legend in Vegas?

5 A. Yes.

6 Q. You like -- you mentioned you like

7 comedy. Did you guys go to the Funny Bone a lot?

8 A. Not a lot, no. Actually I can't remember

9 the last time we went to the Funny Bone, but we have

10 been there a couple times, I think, so.

11 Q. A couple times in the last couple of

12 years?

13 A. No, no, not -- it's been much longer ago

14 than that so.

15 Q. Part of that because during COVID I don't

16 know how much was going through Funny Bone. Is there

17 anywhere else you guys like to watch comedy?

18 A. No. Maybe on Netflix but that's all, so.

19 MR. SCHLEIN: So I am keeping things

20 clear, are you asking about 2017 to present these

21 questions or just kind of more generally?

22 MR. BERNHART: Well, yes, I am talking

23 about, you know, recently.

24 MR. SCHLEIN: Okay.

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1 Q. Prior -- prior to seeing John Legend in

2 Vegas, what was the last concert you and your wife

3 saw?

4 A. We saw Lionel Richie in Vegas.

5 Q. In Columbus?

6 A. No, in Las Vegas.

7 Q. When was that?

8 A. I can't remember. I don't know. It

9 might have been 2020 I'm thinking because of COVID

10 and everything. Actually I think -- well, I can't

11 remember exactly when it was.

12 Q. Have you been to Las Vegas more than once

13 in the last few -- in the last five years?

14 A. Yes.

15 Q. How many times have you been to Vegas in

16 the last five years?

17 A. I think three times.

18 Q. All for pleasure?

19 A. Yes.

20 Q. You and your wife?

21 A. Yes.

22 Q. So on all these trips that you go on with

23 your wife, does anyone else go with you?

24 A. No.

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1 Q. Is there anything else you and your wife

2 like to do -- that you like to do together we haven't

3 discussed?

4 A. Nope.

5 Q. Are there any -- are there any activities

6 that your wife does that you don't enjoy doing so you

7 let her do those on her own time? Does that make

8 sense?

9 A. Say that again now.

10 Q. Is there -- does -- is there things that

11 your wife likes to do that maybe you don't like to do

12 so she does them, you know, by herself or with other

13 friends?

14 A. She likes -- she likes helping people a

15 lot, you know, in whatever way she can so, I don't

16 know, in different ways so.

17 Q. You and your wife are close, aren't you?

18 A. Yes.

19 Q. Have you and your wife moved since 2017,

20 moved residences?

21 A. Yes.

22 Q. When did you move?

23 A. We moved in -- just two years ago.

24 Q. 2020. So is that the current residence

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1 you two live in together?

2 A. Yes.

3 Q. Did you move outside of Columbus?

4 A. Yes.

5 Q. To a nice new house, I hope?

6 A. Yes.

7 Q. Bigger house?

8 A. Yes.

9 Q. Who does the cooking in the household?

10 A. We both -- we both -- we both cook, but I

11 cook more, a lot more so.

12 Q. Do you guys cook together?

13 A. Sometimes.

14 MR. SCHLEIN: If you ask who the better

15 cook is, you might get him in trouble.

16 Q. I won't ask that. You guys cook together

17 sometimes. Who does the cleaning in the house?

18 A. I would say I do. I do most of the

19 cleaning.

20 Q. Going back to cooking, is that something

21 you and your wife have always liked to do together?

22 A. No, huh-uh, no.

23 Q. Something more -- that's something more

24 recent that you've been doing together?

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1 A. Correct, yes.

2 Q. Okay. Is that something that started in

3 the last few years?

4 A. Cooking together more?

5 Q. Uh-huh, yes.

6 A. Yes, yes.

7 Q. And, I'm sorry, I just asked this. Who

8 does the cleaning in the house?

9 A. I would say I do the majority of the

10 cleaning.

11 Q. Who does the laundry?

12 A. We both do our own laundry so.

13 Q. That sounds like you guys, you know,

14 share in the household chores; is that fair to say?

15 A. I would say I do more of the household

16 chores, just Melissa -- she's so busy and just, you

17 know, consumed, tied up with other things, so I would

18 say more me than her.

19 Q. You mentioned that, you know, over the

20 last few years you've been -- you know, you've been

21 traveling more. You started cooking together. Has

22 everything that your wife has been through brought

23 you guys closer together?

24 A. I believe we've always been close

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1 together. You know, so I wouldn't say it brought us

2 closer; but, you know, I've been more sympathetic,

3 you know, just trying to support her with everything

4 so.

5 Q. And you supported her through everything

6 she's went through, correct?

7 A. Yes.

8 Q. And when I say all she's went through,

9 I'm talking about, you know, with the City, you know,

10 with the investigation, with the recommended

11 termination, and all of that. You've been supportive

12 of her?

13 A. Yes.

14 Q. Who does the grocery shopping?

15 A. Same type of -- as before, I do the

16 majority of it, but sometimes we will shop together.

17 Q. Okay.

18 A. Or we'll --

19 Q. Weekends?

20 A. Mainly weekends, yes.

21 Q. Yeah. You guys go to Costco or anything

22 like that?

23 A. Yep, Costco, yes.

24 Q. Do you guys like to go there together?

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1 A. Yes.

2 Q. Okay. You and your wife have a regular

3 sex life?

4 A. Yes.

5 Q. Has that changed since 2017?

6 A. Yes.

7 Q. How has it changed?

8 A. Well, only -- it's more now, you know,

9 than -- than it was before, you know, so.

10 Q. That seems to be like the common theme

11 that, you know, just may have drawn you even closer

12 together through all this?

13 A. No. It's like I said before, just we've

14 always been close but, you know, if -- when something

15 is going through her head, when she's consumed with

16 something, Melissa, when she's tied up with -- if her

17 mind is not right, then she just doesn't feel like it

18 basically and didn't feel like it at all pretty much

19 so.

20 Q. Now you guys are -- have a

21 pretty intimate -- more intimate than ever now, would

22 you say?

23 A. Yes.

24 Q. Okay. Do you have knowledge regarding

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1 your wife -- your wife's history of medical treatment

2 or mental health treatment?

3 A. I'm not sure what you are asking when you

4 say do I have knowledge of it. Did I -- I am not

5 sure what you are saying.

6 Q. Why -- you know, since you've been

7 married, I mean, you'd know if she suffered an

8 injury; is that fair to say?

9 A. Yes.

10 Q. That's not something she would hide from

11 you; is that correct?

12 A. Correct. Yes.

13 Q. She -- she suffered a shoulder injury in

14 2017, right?

15 A. Yes.

16 Q. Do you know if since -- since March of

17 2017, has your wife received any mental health

18 treatment?

19 A. Yes.

20 Q. Who did she have mental health treatment

21 through?

22 A. We had -- Melissa had the therapist that

23 she would go and talk with provide -- through our

24 United Healthcare so.

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1 Q. Did you ever go with her to any of those

2 sessions?

3 A. No, huh-uh, no.

4 Q. Have you and her attended any therapy

5 together since 2017?

6 A. Yes.

7 Q. But couple's counseling?

8 A. No.

9 Q. What type of therapy have you attended

10 together?

11 A. What was it? Just dealing with our son

12 at the time.

13 Q. Was it with a psychiatrist or

14 psychologist?

15 A. Right, not the type that prescribes

16 medicine, the other type so.

17 Q. Psychologist.

18 A. Psychologist, right.

19 Q. So was -- was that dealing with

20 difficulties you were having with your son?

21 A. Yes.

22 Q. Okay. Does your son live with you guys?

23 A. No.

24 Q. Okay. When did -- when did he last live

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1 with you?

2 A. Let's see, I believe it was 20 -- I think

3 2018 is when he last lived with us.

4 Q. Have you had difficulties with him since

5 he's left, since he's moved out?

6 A. No.

7 Q. So the therapy sessions that you and your

8 wife attended together regarding your son, was that

9 prior to him moving out?

10 A. Yes, yes.

11 Q. So it would have been prior to 2018?

12 A. Yes.

13 Q. Or leading into -- between March of 2017

14 and 2018 when he moved out, is that a time frame that

15 you were attending therapy with your wife regarding

16 your son?

17 A. Yes.

18 Q. Do you recall the name of the therapist?

19 A. Dr. Warren Bertner.

20 Q. Is he affiliated with some -- with a

21 group? Do you know?

22 A. No.

23 Q. What were the difficulties that you were

24 dealing with?

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1 A. With?

2 Q. With your son.

3 A. Think here. Just a little bit of

4 defiance, not wanting to do his -- his school work,

5 staying out, not telling us where he was at times,

6 things like that.

7 Q. I've got a son, and I deal with similar

8 issues. I can imagine that's, you know, a great

9 source of stress on both of you or that was a --

10 A. Yes, yes.

11 Q. Yeah. Did he graduate high school?

12 A. Yes.

13 Q. Is your son married?

14 A. No.

15 Q. Does he live in Columbus?

16 A. No.

17 Q. Columbus area?

18 A. No.

19 Q. No? Where does he live?

20 A. He lives just outside Glendale, Arizona.

21 I can't remember the city.

22 Q. When did he move there?

23 A. I believe he moved there in 2022 -- or,

24 I'm sorry, this is 2022. I want to say last -- early

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1 last year.

2 Q. Prior to that was he living in the

3 Columbus area?

4 A. Yes.

5 Q. So he moved out in 2018 and lived in the

6 Columbus area for a few years after that. During the

7 last few years, have you regularly seen him?

8 A. Not regularly. You know, not every day

9 if that's what you mean by regularly so.

10 Q. Did he move out after he graduated high

11 school?

12 A. Yes.

13 Q. Did he live with you and Melissa all

14 throughout high school?

15 A. No.

16 Q. Who did he live with?

17 A. His last year he lived with my dad out in

18 Arizona.

19 Q. Did you have -- prior to that did you

20 have full custody of your son?

21 A. Yes.

22 Q. And prior to moving out to Arizona the

23 last year of high school, had he lived with you and

24 Melissa up until that point?

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1 A. I'm sorry. Say that again.

2 Q. Sure. Prior to him moving to Arizona or

3 to live with your dad, you said.

4 A. Yes.

5 Q. Was that in Arizona?

6 A. He -- I'm not sure I am understanding

7 your question.

8 Q. Let me go back. You said he graduated

9 high school.

10 A. Correct.

11 Q. Where did he graduate from?

12 A. He graduated without -- he graduated from

13 Independence High School in Glendale, Arizona.

14 Q. Okay.

15 A. I believe it was that last -- his last

16 year 2018 so.

17 Q. Prior to moving out to Arizona, was he

18 living with you and Melissa?

19 A. Yes.

20 Q. And was one of the reasons or the primary

21 reason for him moving out to Arizona to live with

22 your dad the difficulties that you had with him here

23 in Ohio?

24 A. Yes.

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1 Q. Is that something that your son -- that

2 you kind of always dealt with throughout his life?

3 A. No. I wouldn't say that, no.

4 Q. High school years?

5 A. Not freshman year but maybe the middle

6 years.

7 Q. Sophomore, junior years?

8 A. Right, correct.

9 Q. I know that Melissa wasn't the biological

10 mother of your son, but for all intents and purposes,

11 was she his mother?

12 A. Yes.

13 Q. Did he call her mom?

14 A. Yes.

15 Q. Did she ever -- did she have a close

16 relationship with him?

17 A. Yes.

18 Q. Was that a difficult decision letting him

19 move to Arizona to live with your dad?

20 A. Yes.

21 Q. How often did you guys have counseling

22 sessions with Warren -- is it Bertner?

23 A. Bertner, yeah.

24 Q. How often were you seeing Dr. Bertner?

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1 A. I think we saw him once -- I don't know

2 if it's once -- once every other week. It might have

3 been a couple times a month.

4 Q. And were all of those sessions -- did

5 your son attend with you?

6 A. Yes.

7 Q. So you and your wife and your son

8 attended?

9 A. Yes.

10 Q. Were you seeing Dr. Bertner a couple

11 times a month for a couple years?

12 A. I would say off and on. I can't remember

13 when we started seeing him, but it was off and on.

14 Q. Okay. Other than Dr. Bertner, you said

15 that your wife also treated with another doctor

16 through United Healthcare?

17 A. Yes.

18 Q. Do you know the name of that doctor?

19 A. I think the name was Dr. Tarpey or

20 Tarpey, something like that.

21 Q. And you never attended any of those

22 sessions with Dr. Tarpey?

23 A. No.

24 Q. Other than Dr. Tarpey or Dr. Bertner, did

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1 your wife have any other mental health treatment

2 since 2017?

3 MR. SCHLEIN: Sorry. Are you asking --

4 you broke up on me a little bit. Did you say medical

5 or mental?

6 MR. BERNHART: Mental, mental health

7 treatment.

8 A. Trying to think. Not that I know of.

9 Q. Did you have any other mental health

10 treatment since March -- since 2017?

11 A. No. Oh, wait. I'm sorry. Did I? No, I

12 haven't, no.

13 Q. Okay. Did you yourself see Dr. Tarpey?

14 A. I saw -- I think I did see her one time,

15 yes, about Isaiah, about our son.

16 Q. About your son.

17 A. Yeah.

18 Q. Do you know whether why Dr. Tarpey ever

19 diagnosed Melissa with any mental health condition?

20 A. I don't know. I'm not sure.

21 Q. Do you know -- do you know whether

22 Melissa received mental health treatment at any point

23 in your marriage prior to 2017?

24 A. I'm not sure. I don't know for sure. I

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1 don't think so. I don't know.

2 Q. Were you guys seeing -- were you guys

3 seeing Dr. Bertner with your son prior to everything

4 that happened with your wife at work?

5 A. You said were we seeing him -- I'm sorry.

6 Say that again.

7 Q. Prior -- yeah. Were you seeing him for

8 issues involving your son prior to March of 2017?

9 A. It was just about our son so.

10 Q. Okay. So before and after everything

11 that happened at work?

12 A. Just -- just before -- well, I would have

13 to look -- I would have to write down the dates and

14 all, but it was mainly about our son, you know,

15 before he ended up leaving.

16 Q. Have you and your wife ever been to

17 marriage counseling?

18 A. Yes.

19 Q. When was the last time you went to

20 marriage counseling?

21 A. I am trying to think. '8, 2010. I know

22 it was after 2010 but before all this stuff happened,

23 before 2017, so I can't remember the exact year it

24 was or time frame so.

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1 Q. What --

2 A. Sometime --

3 Q. Your son graduated --

4 A. I'm sorry. I was saying --

5 Q. Your son --

6 A. -- so --

7 Q. Your son graduated from high school in

8 2018, correct?

9 A. Correct.

10 Q. So he would have -- you said he moved out

11 to your -- to live with your dad in the year prior to

12 graduating, correct?

13 A. Correct.

14 Q. So that would have been in 2018 as well?

15 A. When he moved?

16 Q. Yes.

17 A. He was with my dad for his last year of

18 school, so he graduated 20 -- 2018 because he's --

19 let's see, he's -- let me write -- I have to write it

20 down. Hold on a second.

21 Okay. I'm sorry. Ask me the question

22 again.

23 Q. Sure. Your son graduated high school in

24 2018, correct?

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1 A. Actually it would have been 2019 when he

2 graduated because he's -- he was born in 2000, so he

3 graduated at 18 years old so. I don't know. I'm

4 getting my dates all mixed up.

5 Q. Are you looking at your phone right now?

6 A. No. I am writing down what -- what

7 time -- like, see, he was born in 2000 so 2020 -- I

8 am just trying to figure out exactly when so I can

9 give you accurate -- accurate dates. I can't

10 remember. I have to -- I have to look exactly when.

11 I know you are trying to pinpoint dates, but it was

12 2018-2019 when he graduated so.

13 Q. Okay.

14 A. I would have to look back when we went to

15 his graduation so, yeah.

16 Q. Okay. And he lived with your dad the

17 last year of high school?

18 A. Correct. Right.

19 Q. And he lived with you and Melissa his

20 sophomore and junior years in high school?

21 A. Everything before that, everything.

22 Q. Everything before that. And it was his

23 sophomore and junior years that you had the most

24 difficulty with him?

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1 A. Yes, I would say that, yes.

2 Q. Okay. Sir, are you at your house right

3 now?

4 A. Yes.

5 Q. Is anyone there with you?

6 A. Yes.

7 Q. Melissa is there. I see her waving.

8 A. Yes. She's in another room, yes.

9 Q. She is in another room?

10 A. Yes.

11 Q. Has she texted you during this

12 deposition?

13 A. I don't have my phone on me so.

14 Q. Okay. Is your phone not in the room with

15 you?

16 A. No, huh-uh.

17 Q. Okay. I know I asked this already, and

18 you were looking for a date.

19 A. Yeah.

20 Q. You and your wife -- you and your wife

21 attended marriage counseling. You believe it was

22 sometime between 2010 and 2017?

23 A. Correct, yes. Possibly, yes.

24 Q. It was -- it was before everything

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1 happened at work with her?

2 A. Yes.

3 Q. And why did you attend marriage

4 counseling?

5 A. It all goes back to just with our son,

6 just, you know, disagreements on, you know -- on, you

7 know, what -- what she might have thought was wrong

8 and I might have thought was not so wrong and vice

9 versa.

10 Q. I know I asked you if your wife was

11 texting you, and you told me you didn't have the

12 phone in the room with you. Has she been

13 communicating with you on the computer during this

14 deposition?

15 A. No, no. I don't even know how to do that

16 because I don't want to lose my screen. I'm tech

17 savvy, but I don't know how to do that while I'm, you

18 know, talking on Zoom so.

19 Q. Okay. Fair to say your son was a great

20 source of contention in your marriage?

21 A. No, I wouldn't say that, no. I wouldn't

22 say a great source of contention, no.

23 Q. But did cause problems, enough that you

24 attended marriage counseling with your wife?

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1 A. Yes.

2 Q. Who was the marriage counselor?

3 A. I can't remember. I think we went to --

4 I can't remember the names. It was more important

5 about our son, just getting him -- just getting him

6 together, just getting him right.

7 Q. Did he attend the marriage counseling

8 with you guys?

9 A. No, huh-uh.

10 Q. How often did you attend counseling?

11 A. Marriage counseling was I think we went a

12 few times but not -- it wasn't like an ongoing

13 long-term -- I don't even know how people do marriage

14 counseling, like once -- I don't know what people do.

15 We only went a few times because our marriage -- you

16 know, I think our marriage is better than most

17 actually for the most part so.

18 Q. Do you consider you and your wife

19 religious?

20 A. Yes, yes, definitely.

21 Q. You guys go to church?

22 A. We don't attend a church, so we don't --

23 no. We don't attend a church I should say regularly

24 so, but we have attended a consistent church in the

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1 past so.

2 Q. And when was that? When were you

3 consistently attending church?

4 A. I would say it's been a long time. Going

5 back a while so. Let's see. Let's see, 2019. Let

6 me think here. 2019. I want to say it's before

7 COVID so what was COVID 2020? So I would say

8 probably 2019 and before that.

9 Q. So prior to moving?

10 A. Yes, yeah.

11 Q. What church did you attend?

12 A. Corinthian Missionary Baptist Church.

13 Q. Did you and your wife have a close

14 relationship with the pastor?

15 A. My wife knows him better than I do. So I

16 would say she has a close relationship with him. I

17 can't say I do so.

18 Q. Do you know whether she ever went to him

19 for support for the things she was dealing with at

20 work?

21 A. I'm not sure that she did.

22 Q. Did you ever go with her to meet with

23 him?

24 A. No, huh-uh.

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1 Q. You know, we touched on it just a bit

2 earlier, you said that you know after -- after the

3 events in March of 2017, you noticed some changes

4 with your wife, that, you know, she had a hard time

5 focusing. Are there any other changes that you

6 can -- you can tell me about that occurred with your

7 wife, you know, after the events of March of 2017?

8 A. Yeah, there are a lot of things actually.

9 Just, you know, she was wanting to, you know, sleep a

10 lot. You know, she had never gotten -- it's weird.

11 She had never gotten gout before. And now she's

12 just -- different medical issues, you know, all of a

13 sudden started to, you know, sort of happen, you

14 know, things like I said with her -- things like that

15 so just -- like I said, just --

16 Q. So you --

17 A. Go ahead.

18 Q. You mentioned gout. Is there any other

19 medical condition that is -- that she suffered, you

20 know, since March of 2017 other than gout and her

21 shoulder injury?

22 A. Well, I mean, it's a medical issue, just

23 I think it's called insomnia. There were times she

24 couldn't sleep at all and then there were times she

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1 just wanted to stay in the bed asleep so depression.

2 You know, how many --

3 Q. Has she ever --

4 A. Well, let me finish what I was going to

5 say. I don't know if there is a medical term for

6 being like consumed with what's going on, you know,

7 maybe anxiety but not in a way that most people

8 experience anxiety. And I see it a lot with being a

9 paramedic. I would say she was very anxious of -- as

10 far as what was going on, just being consumed with it

11 all so.

12 Q. Did she ever receive a medical diagnosis

13 of anxiety?

14 A. I don't know if her doctors, you know,

15 labeled it as that. I don't know. But I could see

16 it but that's just me so.

17 Q. Did she ever receive a medical diagnosis

18 of depression?

19 A. I can't -- I can't say for sure. I don't

20 know. Same with that I'm not sure.

21 Q. Did she ever receive a medical diagnosis

22 of insomnia?

23 A. I don't think so, but I know that she was

24 taking melatonin to help her sleep and so that's

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1 something I don't -- I think you can get that over

2 the counter. I think so.

3 Q. So other than over-the-counter melatonin,

4 do you know whether she was prescribed any

5 medications by Dr. Tarpey?

6 A. I don't know. I don't know if there is

7 any.

8 Q. Do you know if she -- if she's taken any

9 medications for mental health -- for mental health

10 care since March of 2017?

11 A. I don't think so. I don't think she has.

12 I see a lot of her meds, but I don't think that she

13 has.

14 Q. Okay. Do you think she would talk to you

15 about that or that you would know if she was taking

16 medicine to treat for anxiety or depression?

17 A. Yeah, I think I would know, yeah. I

18 believe I would know that. We sleep in the same

19 bedroom so.

20 Q. I know that your wife is back to work and

21 this is kind of in the past. Have those issues, you

22 know, relieved? Is she better now?

23 A. I believe she's better mentally but, you

24 know, again, I know this as a paramedic, but the

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1 damage is already done. One other thing, blood

2 pressure, hypertension is another issue that's gotten

3 worse so. But, you know, she's better mentally, I

4 believe, now but, you know, so. That --

5 Q. Has she been diagnosed with high blood

6 pressure?

7 A. Yes.

8 Q. Was that prior to March of 2017?

9 A. I believe that -- I believe -- I'm sorry.

10 Ask me that question again one more time.

11 Q. Sure. Has she had high blood pressure

12 since before 2017?

13 A. Okay. Yeah, she has had high blood

14 pressure for a while, but then when doctors

15 prescribed an additional medication just because it

16 needs to be controlled in a -- whether it's some

17 other part of your body or something so she -- she's

18 on additional -- from what I understand additional

19 high blood pressure medicine now so.

20 Q. Do you and your wife -- do you and your

21 wife share the same family doctor?

22 A. Yes.

23 Q. Who is your family doctor?

24 A. Dr. Jeffrey Meiring.

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1 Q. Any way you can spell the last name?

2 A. Yeah. M as in Mary E-I-R-I-N-G.

3 Q. And you believe that Dr. Meiring has

4 increased or added an additional blood pressure

5 medication to her regimen?

6 A. This would be one of her other doctors

7 in -- I can't remember the doctor's name but not

8 Dr. Meiring so one of her other doctors.

9 Q. Are you aware of -- other than the blood

10 pressure medication, are you aware of any other

11 prescribed medications for any condition, whether

12 it's mental health or physical, that your wife has

13 been prescribed since March of 2017?

14 A. You said other than what again?

15 Q. Other than the blood pressure medication.

16 A. The gout medication that I spoke of

17 earlier.

18 Q. Okay. Anything else?

19 A. Let's see, she's on -- she takes -- well,

20 you know, I guess I don't feel comfortable telling

21 you her medical, you know, information. I would

22 rather her tell you that, so I don't know if you can

23 ask me in a more general way so. I would rather her

24 tell you her medical.

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1 Q. Well, we've talked about gout. We've

2 talked about blood pressure.

3 A. Right.

4 Q. I know she had a shoulder injury --

5 A. Right.

6 Q. -- in 2017. Are there any other medical

7 conditions that she's suffered since March of 2017

8 that you are aware of?

9 A. There are. I just -- like I say, I don't

10 know if I'm -- I don't know if Sam can jump in.

11 THE WITNESS: Am I okay to say her --

12 MR. SCHLEIN: Yeah. You got -- that's a

13 reasonable question for Mr. Bernhart.

14 A. Okay. Well, she's on dialysis now so

15 there is meds that have to go along with that, a lot

16 of meds and different things so, you know.

17 Q. So dialysis. When did that begin?

18 A. That began I think -- let's see, moved

19 here 2020. I would say -- I believe it was last

20 year, last year.

21 Q. I imagine that's a cause of stress on --

22 on her?

23 A. Actually it has been making her feel

24 better so. A little nervous at first but it's making

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1 her feel better so.

2 Q. Do you know what the underlying medical

3 condition was behind needing dialysis?

4 A. Yeah. That's from, my understanding, you

5 know, with -- that's, you know, because of -- well,

6 one of the reasons because of that high blood

7 pressure, you know, when your kidneys are dealing

8 with that stressor, then if things aren't corrected

9 in your body, then that can be one of the -- one of

10 the down the road type of issues that you may have

11 so.

12 Q. Okay. Has your wife suffered any other

13 medical conditions that you haven't already told me

14 about since March of 2017?

15 A. Gout, the high blood pressure, the

16 dialysis. No, that's all. That's all.

17 Q. When your wife goes to her doctor, do you

18 attend with her?

19 A. When she goes to her doctors in

20 Cleveland, I do, yes.

21 Q. What doctors does she have in Cleveland?

22 A. Yeah, I can't remember those doctors'

23 names. She has two or three different doctors in

24 Cleveland.

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1 Q. Is that who she treats for the blood

2 pressure and dialysis?

3 A. Yes, yes, yes.

4 Q. And was she seeing those doctors prior to

5 March of 2017?

6 A. Yes, yes.

7 Q. During the course of the administrative

8 investigation of your wife, are you aware or do you

9 know that the investigator spoke with more than 20

10 police officers about your wife?

11 MR. SCHLEIN: Objection. This isn't

12 relevant to damages.

13 MR. BERNHART: Well, we believe it goes

14 to stressors; and, you know, stressors would be a

15 direct causation of damages. We think it is

16 relevant.

17 MR. SCHLEIN: I mean, I will let him

18 answer yes or no but, you know, anything beyond that

19 I think is beyond the scope.

20 MR. BERNHART: I am not asking anything

21 beyond that right now.

22 MR. SCHLEIN: You can answer yes or no to

23 that.

24 A. Okay. Can you ask again, please?

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1 Q. Sure. Are you aware during the course of

2 the administrative investigation that the

3 investigators spoke with more than 20 -- more than 20

4 other Columbus Police officers?

5 A. No.

6 Q. Did your wife discuss with you what was

7 going on during the investigation?

8 A. Yes.

9 Q. Keeping you, you know, in the loop on?

10 A. I wouldn't say keeping me in the loop.

11 She would talk a little bit about it but, you know,

12 not every day discussion on here is the latest

13 update, nothing like that so, but I was aware.

14 Q. Was the -- was the investigation of your

15 wife stressful on her?

16 A. Yes.

17 Q. And when the Chief of Police Kim Jacobs,

18 when she recommended your wife be terminated, I

19 imagine that was stressful on her; is that fair?

20 A. Yes.

21 Q. Are you aware that your wife published a

22 book alleging systemic racism within the Columbus

23 Division of Police?

24 A. Yes.

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1 Q. Did you have any role in writing the

2 book?

3 MR. SCHLEIN: Objection. That's totally

4 irrelevant to damages. I am going to instruct him

5 not to answer that.

6 Q. Sir, the book that your wife published,

7 she published it in September of 2020; is that

8 accurate to the best of your knowledge?

9 A. Yes.

10 Q. Did you observe her writing the book at

11 home?

12 A. I was -- I was home; but, you know, I was

13 doing other things so. When you say observe, like

14 what do you mean exactly?

15 Q. Sure. She wrote a book.

16 A. Right.

17 Q. It's a pretty lengthy book. Published in

18 September of 2020. Did you observe her writing this

19 book while she was off duty at home?

20 A. I guess the best way I can answer that I

21 was here, but I'm doing what I am doing at home, you

22 know. I'm cleaning, fixing things so not -- I knew

23 she was doing something; but, no, I wasn't listening

24 word by word or, you know, I just wasn't part of

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1 the -- I just, you know, so.

2 Q. I'm looking behind you, and I am assuming

3 that you are in some type of home office; is that

4 fair?

5 A. Yes.

6 Q. Is that a home office that you share with

7 your wife?

8 A. Yes.

9 Q. So when she needs to be in the office,

10 the home office, you know, she uses it and the same

11 with you; is that fair?

12 A. Yes.

13 Q. Okay. Did she write the book primarily

14 in that home office?

15 A. You know, again, I'm not sure. You

16 know -- you know, she -- she may have been here at

17 times. You know, Melissa is very busy, so she does

18 stuff anywhere. It could be the bedroom, the family

19 room; so, you know, I don't know where exactly that

20 she was writing -- doing the -- but I knew she was.

21 I just didn't -- I don't know where exactly.

22 Q. Does she have a laptop?

23 A. Yes.

24 Q. Did she write it on her laptop?

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1 A. I couldn't tell you. I'm not trying to

2 be difficult. I don't know how she did it.

3 Q. Sure. Maybe the better question is did

4 you ever observe her or know that she was, you know,

5 in a separate room writing the book on her laptop?

6 A. I knew she was writing it, yes.

7 Q. Okay. Did she spend a lot of time

8 writing it?

9 A. Yes. Yeah.

10 Q. I imagine that it was a lot of time and

11 effort; would you agree?

12 A. Yes.

13 Q. Do you know when she started writing the

14 book?

15 A. No, I am not sure when it all began. I

16 knew she was, but I'm not sure when -- like the first

17 day of writing it though.

18 Q. Do you know if she started writing it

19 after the events in March of 2017 or before?

20 A. It definitely wasn't before so, you know.

21 Q. Sometime after?

22 A. Yeah, sometime after, right.

23 Q. And while she was writing the book, were

24 you aware of, you know, the subject that she was --

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1 generally what she was writing on?

2 A. Just in general. Until I read it, I

3 didn't know what -- what exactly she was going to put

4 in there.

5 Q. You know, did your wife -- did her

6 publishing the book have any effect or impact on your

7 marriage?

8 A. No.

9 Q. Are you aware that your wife has spoken

10 at community events discussing racism within the

11 Columbus Division of Police?

12 A. Yes.

13 Q. Have you ever attended any of those

14 events with her?

15 A. Yes.

16 Q. Would you say you -- you regularly attend

17 those events with her?

18 A. When you say regularly, like what do you

19 mean? Like all of them or what do you --

20 Q. Yes. Have you attended all of the

21 events, the community events, that your wife has

22 spoken at detailing, you know, her belief, perception

23 of racism -- racism within the Division of Police?

24 A. No, not all.

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1 Q. Most of them?

2 A. Somewhere in the middle, not even most

3 but, you know, she's done a lot of events, a whole

4 bunch of events so.

5 Q. Right.

6 A. So not all.

7 Q. You are aware that your wife has been --

8 has continued to be an outspoken critic of the

9 Columbus Division of Police over the past few years;

10 is that fair?

11 A. Yeah.

12 Q. And you talked earlier about, you know,

13 when you -- when Melissa, you know, is involved in

14 something, that she's, you know, almost overly

15 consumed with it. You know, is that -- you know, in

16 her dealing and her perception of racism within the

17 Columbus Division of Police and her outspokenness on

18 that, would that fall within that category?

19 A. I'm sorry. That's a long question.

20 Q. Sure. I will try to break it down.

21 A. Okay.

22 Q. Your wife is a critic of the Columbus

23 Division of Police, specifically with respect to her

24 perceived, you know, racism within the Division of

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1 Police, correct?

2 A. Correct, yes.

3 Q. Is that -- that something that greatly

4 consumes, you know, her interest and attention?

5 A. Not -- not as much as it used to but I

6 would say then, yes, definitely, definitely because

7 she's in the middle of a fight so, you know.

8 Q. And when you say she used to, are you

9 talking about just a couple years ago?

10 A. I am saying 2017 when things started

11 getting bad, that's when it consumed her and, you

12 know, took her main attention, yes.

13 Q. And she was an outspoken critic, you

14 know, particularly at that time, correct?

15 A. I think it was shortly after that maybe.

16 Q. 2018, 2019?

17 A. Right, right, yes, yes.

18 Q. That's when she was speaking at a lot of

19 events, correct?

20 A. Correct.

21 Q. Okay. Are you aware that your wife has

22 filed additional EEO claims against the Columbus --

23 or against the City of Columbus and its officials?

24 A. Yes.

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1 Q. Okay. Your wife was on injury leave as

2 she injured her shoulder in 2017, correct?

3 A. Yes.

4 Q. Do you know how long she was out of work?

5 A. I can't remember exactly. You know, I

6 can't remember if it was like six months or, you

7 know. It was a good amount of time, so I just can't

8 remember how long.

9 Q. That time she was off work, was she

10 primarily at home recovering from her injury?

11 A. Yes. Yeah.

12 Q. Did you say yes?

13 A. Yes.

14 Q. She was also attending law school at the

15 time, correct?

16 A. Yes.

17 MR. SCHLEIN: Not wanting to slow your

18 roll, Paul, we have been going for a little bit

19 longer than an hour and a half. Do you have a lot

20 more to go or is there going to be a breaking point

21 to do a restroom break? It could be like 3 minutes.

22 MR. BERNHART: I don't think I have more

23 than 20 or 30 minutes left but why don't we take a

24 5-minute break.

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1 MR. SCHLEIN: Okay. So we'll come back

2 at 11:40?

3 MR. BERNHART: Yep.

4 MR. SCHLEIN: Thanks.

5 (Recess taken.)

6 Q. Can we go back on the record.

7 Mr. McFadden, you mentioned that your

8 wife was attending law school, at least she was

9 attending classes while she was out on sick leave.

10 When did -- when did she start law school? Do you

11 know the year?

12 A. It was a long time. I'm not sure of the

13 year. Melissa had been going to school a long time

14 so.

15 Q. Was she attending Capital Law School?

16 A. Yes.

17 Q. The night program?

18 A. Yes.

19 Q. Part-time?

20 A. I'm not sure how -- how they do it, so I

21 don't know full-time, part-time. I don't understand

22 all that.

23 Q. Sure. She started -- she started

24 attending law school prior to March of 2017, correct?

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1 A. Yes.

2 Q. Okay. She's graduated law school,

3 correct?

4 A. Yes.

5 Q. And she's taken the Bar Exam a few times?

6 A. Yes.

7 Q. And not passed yet?

8 A. She's passed.

9 Q. Oh, she has passed?

10 A. Yes.

11 Q. When did she pass the Bar Exam?

12 A. I think it was just here recently, I

13 believe.

14 Q. Okay. But she took it a number of times

15 and did not pass, correct?

16 A. Yes.

17 Q. Did she spend a lot of time studying for

18 the Bar Exam?

19 A. Yes.

20 Q. Mostly at home?

21 A. Yes.

22 Q. And I took the Bar Exam myself, and I

23 understand it requires a lot of studying. I imagine,

24 you know, that she spent quite a bit of time studying

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1 over the years, over the last couple of years for the

2 Bar?

3 A. Yes.

4 Q. When these allegations surfaced against

5 your wife, the City or the Division of Police

6 temporarily reassigned her to the property room,

7 right?

8 A. Yes.

9 Q. And she wasn't happy with that, was she?

10 A. No.

11 Q. Caused a lot of stress on her, didn't it?

12 A. Yes.

13 Q. So she -- these allegations surface. I

14 imagine -- did she tell you that allegations surfaced

15 against her at that time?

16 A. Yes.

17 Q. Okay. I assume she was upset about that?

18 A. Yes.

19 Q. Okay. So she was upset about the

20 allegations. She is not happy about being

21 transferred to the property room. You already

22 testified that she was stressed over the

23 investigation that was pending over her, correct?

24 A. Yes.

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1 Q. She was stressed over the fact that the

2 Chief of Police was recommending her termination,

3 correct?

4 A. Yes.

5 Q. And then she had to go before the Public

6 Safety Director, and I imagine that was a source of

7 stress, correct?

8 A. Yes. Yeah.

9 Q. Fear of losing her job?

10 A. Yes.

11 Q. And you would agree, you know, at the

12 same time frame, you know, from what it sounds like,

13 she was dealing with high blood pressure, dialysis,

14 correct?

15 A. The high blood pressure. Dialysis didn't

16 come until later.

17 Q. Dealing with high blood pressure,

18 correct?

19 A. Correct.

20 Q. And she was treating for high blood

21 pressure at the time, correct?

22 A. Yes.

23 Q. And this sounds like the same time frame

24 that, you know, you were dealing with some

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1 difficulties with your son, correct?

2 A. The son, if you remember, that was --

3 that was his -- those are years prior so those are

4 going back so that wasn't in the same time.

5 Q. 2018 is when, you know, he moved out to

6 live with your dad, correct?

7 A. Let's see. See, that was like I was

8 telling you before, I am going to have to write down

9 the dates exactly when he graduated and look it up.

10 You know, I knew we flew out there to see him

11 graduate; but, you know, all I know for sure -- for

12 certain is that that was a whole separate time frame.

13 It was like the issues that we had with him, things

14 that he was doing, and then came all this, so it

15 was -- it was separate times.

16 Q. Okay. She's in law school at this time,

17 correct?

18 A. Yes.

19 Q. Writing a book at this time, correct?

20 A. The book didn't come until I think you

21 even said 2020 so.

22 Q. It sounds like a lot. Would you agree

23 with me that it would be difficult to -- you know, to

24 distinguish, you know, how much, you know, one thing

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1 caused stress over another? Would you agree with

2 that? They are all --

3 A. I'm sorry. Say that again.

4 Q. Would you agree with me it would be

5 impossible to separate out each of these individual

6 stressors, correct?

7 A. No, no. I mean, we deal with stress and

8 then, you know, you -- just you have stressors and

9 then you deal with it and then another stressor is

10 coming and you deal with it. So for us it's been

11 easy to -- for us actually it's been easy to separate

12 it all. Now, when they do all happen at once, yeah,

13 that makes life more difficult but, no, I believe

14 it's easy to separate, you know, the stressful events

15 that you are going through at the time.

16 Q. But we are talking about, you know, the

17 same general thing here. We are talking about

18 allegations coming out against her; we are talking

19 about reassignment to the property room, right?

20 A. Right, yes.

21 Q. Talking about, you know, an internal

22 administrative investigation by IAB, correct?

23 A. Correct. Right.

24 Q. Talking about the Chief of Police

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1 recommending her termination and her facing the

2 Director of Public Safety, you know, at a hearing,

3 you know, on whether she'll keep her job. All of

4 that was pretty stressful, correct?

5 A. Yes, yes, that's all stressful and that's

6 all at the same time, yes.

7 Q. Are you aware -- you testified that you

8 are aware that your wife has filed additional EEO

9 complaints against the City, correct?

10 A. Yes.

11 Q. Are you aware that other officers have

12 filed EEO claims against your wife?

13 A. Yes.

14 Q. You are aware that they are threatening

15 to sue her and the City of Columbus for creating a

16 hostile work environment?

17 A. Yes.

18 Q. Has she discussed those allegations with

19 you?

20 A. Just a little bit, yes.

21 Q. Have the two of you discussed the

22 financial impact that, you know, that lawsuit could

23 have on your family?

24 A. Yes.

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1 Q. All right. I imagine that's a source of

2 stress, correct?

3 A. It's -- I mean, if you have put stress on

4 a level, it's -- when you know something is

5 fraudulent or not accurate, then it's not as much

6 stress as it could be so. With that -- with that

7 piece right there, that's not -- it's stressful but

8 it's not like consumes us night and day with other --

9 with other stuff against us so.

10 Q. Do you know where things stand with

11 respect to that EEO complaint?

12 MR. SCHLEIN: I'm sorry. Can you

13 describe which EEO complaint you are discussing?

14 Q. The one that other officers, I believe

15 it's 12 other officers, have filed against your wife

16 and the City of Columbus.

17 A. And you asked --

18 MR. SCHLEIN: I am going to object to the

19 characterization of that as being filed because

20 throughout this there has never been any indication

21 other than the couple of media reports that anything

22 has actually ever been filed.

23 Q. Are you aware, sir, that an EEOC

24 complaint has been filed against your wife?

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1 A. Yes.

2 Q. I want to clarify, your wife attended

3 Capital Law School. It was actually the day program

4 she was attending, correct?

5 A. That's like I said before, I don't know.

6 You know, I don't know enough about school to know

7 day, night, half day, adult. I don't know all that,

8 so I just know she was in Capital Law School.

9 Q. And has she discussed these specific

10 allegations that -- at least that she's aware of that

11 these other officers are making against her?

12 A. Yes.

13 Q. And some of those officers are above her

14 in the chain of command, aren't they?

15 A. Yes.

16 Q. Your wife is back to work full-time,

17 correct?

18 A. Yes.

19 Q. And she's a Lieutenant with the Division

20 of Police, correct?

21 A. Yes.

22 Q. Are you aware of her having to take time

23 off work say in the last -- in the last six months to

24 deal with emotional -- her emotional state?

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1 A. You said in the last six months?

2 Q. Yeah.

3 A. I'm thinking last six months that's going

4 back to -- we are in May right now, since December.

5 Q. This year, talk about this year, 2022.

6 Has your wife had to take time off work to deal with

7 emotional distress?

8 A. No, not this year, no.

9 Q. Is she still in therapy?

10 A. No, huh-uh.

11 MR. BERNHART: Sam, could we take a

12 2-minute break? I may be about done. Let me flip

13 through my notes. But if we could go off the record

14 for a minute.

15 MR. SCHLEIN: Absolutely.

16 (Discussion off the record.)

17 Q. Can we go back on the record.

18 Mr. McFadden, you've been identified as a

19 witness who will testify regarding your wife's

20 emotional distress. Is there anything, you know,

21 about her emotional distress that you are going to

22 testify to at trial that we haven't already talked

23 about today?

24 A. Yes.

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1 Q. Okay. And what is that?

2 A. To me just a normal Melissa for all those

3 years that we've talked about being married and all

4 those things and seeing her at the time when this

5 happened. Those other things would be just all those

6 emotions of being mad and angry, humiliated,

7 embarrassed, and we had media calling our house so

8 that's a lot -- those are the things that we haven't

9 talked about but I just wanted to at least put out

10 there that it was -- it was a tough time. You know,

11 so that was just a lot to see her going through that

12 and, you know, a lot as her husband knowing there is

13 nothing I can do about it.

14 So it was just a tough time, you know,

15 with all those different things and different

16 feelings, you know, and then to unpack her health, it

17 was -- it was just terrible so.

18 Q. And we are talking -- so I am clear, we

19 are talking about, you know, the investigation into

20 these allegations against your wife?

21 A. Right, right, right.

22 Q. And the threat of losing her job?

23 A. Right, exactly.

24 Q. And the disciplinary charges that were

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1 brought against your wife?

2 A. Yes.

3 Q. And having to go before the Director of

4 Public Safety to fight for her job?

5 A. Yes.

6 Q. And when you say the media was contacting

7 your house, was that over the book that she

8 published?

9 A. No.

10 Q. What was the media contacting your house

11 about?

12 A. About being relieved of her job and

13 reassigned to the property room.

14 Q. And the investigation itself?

15 A. And the investigation, yes.

16 Q. Okay. Did you ever speak with the media?

17 A. Briefly I did. It was Channel 4 that I

18 talked to.

19 Q. Were you ever quoted in any news

20 articles?

21 A. No. I didn't speak to them about what we

22 are speaking of, no. I just told them I can't talk

23 about anything so that was my speaking with them so.

24 Q. Is that the only thing you told Channel

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1 4?

2 A. I told them just I couldn't -- I said

3 "Come on. You guys know I can't talk about this" and

4 we just -- that was it so.

5 Q. So did you speak with any other media

6 members?

7 A. No; no, I did not.

8 Q. Now, during this time frame, you know, we

9 have already -- I don't want to get back into it but

10 this is the time frame in which your wife was

11 speaking at community events. And we are talking

12 about 2017, '18. She was speaking about -- speaking

13 at community events about the Columbus Division of

14 Police, right?

15 A. I'm sorry. Ask that again, please.

16 Q. Sure. It was during this same time frame

17 that your wife was speaking, you know, at community

18 events criticizing the Columbus Division of Police,

19 correct?

20 A. No. I think the 2017 March time when

21 everything began, and then it was after that, you

22 know, I believe after the Safety Director dismissed

23 everything is when she started to speak. I believe.

24 I would have to look back but that's my thinking

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1 right now.

2 Q. You understand she received a lot of

3 media attention over her outspokenness against the

4 Columbus Division of Police, correct?

5 A. Correct. Yes.

6 Q. And she received a lot of -- a lot of

7 media attention from the book that she wrote about

8 the Columbus Division of Police, correct?

9 A. Yes.

10 Q. And, in fact, she held a press conference

11 on the front steps of the police department. Do you

12 recall that?

13 A. She didn't hold that. That was from

14 whatever group. I knew a little bit about that but,

15 yeah, she didn't hold that but she was there.

16 Q. Were you there?

17 A. No, no.

18 Q. You are aware that she spoke on the front

19 steps of the police department when her book came

20 out, correct?

21 A. Yes.

22 Q. And you are aware that the media covered

23 that, correct?

24 A. Yes.

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1 Q. And she was -- she was the speaker at it,

2 correct?

3 A. Again, since I wasn't there, I just know

4 about it. I know just what I told you before -- a

5 minute ago.

6 Q. Your wife gave media interviews, didn't

7 she?

8 A. Yes.

9 Q. Okay. Do you know an individual named

10 Jody Ann?

11 A. I'm not sure -- I know a Jody. I'm not

12 sure. I would have to see her picture if -- or maybe

13 you could describe her.

14 Q. Do you know her -- do you know her to be

15 a member of the media?

16 A. Are you talking about Lu Ann Stoia or is

17 that who you are talking about?

18 Q. No. I am talking about an individual

19 named Jody Ann.

20 A. Okay. I must not know Jody Ann. I was

21 thinking --

22 Q. Are you familiar with an interview that

23 your wife gave to a Jody -- an individual named Jody

24 Ann?

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1 A. Jody Ann, no, no.

2 Q. Okay. You mentioned Reann -- Lu Ann

3 Stoia. Are you aware of an interview that your wife

4 gave to Lu Ann Stoia?

5 A. Yes.

6 Q. And in these interviews generally she is

7 criticizing the Columbus Division of Police with this

8 ongoing -- you know, ongoing perception of racism, a

9 systemic racism within the Columbus Division of

10 Police, correct?

11 A. Yes.

12 Q. Yeah. And there's been a lot of media

13 reports covering that, correct?

14 A. Yes.

15 Q. And there's been a lot of online social

16 media covering that, correct?

17 A. Yes.

18 Q. And your wife has given Facebook

19 interviews, correct?

20 A. Yes.

21 MR. BERNHART: Okay. I've got nothing

22 further.

23 MR. SCHLEIN: I have just a little bit to

24 make sure that I understand things correctly.

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1 DIRECT EXAMINATION

2 By Mr. Schlein:

3 Q. So throughout this Mr. Bernhart was

4 asking you questions, you know, related to what you

5 had testified to experiencing with Melissa, and he

6 used the term, you know, everything including the

7 investigation, termination, et cetera, and I want to

8 make sure when you are saying that you agreed with

9 Mr. Bernhart when you said, yes, all of that, that

10 you also were including the reassignment to the

11 property room in that, you know, group of events?

12 A. Correct, yes.

13 Q. All right. So any time where

14 Mr. Bernhart was asking you -- saying, you know,

15 these things were impactful and listed off

16 specifically the investigation, termination

17 recommendation, Safety Director's hearing, you

18 include the -- that to be -- you know, thought to

19 include the property room reassignment as well?

20 A. Yes. Correct.

21 Q. I want to go a little bit making sure I'm

22 understanding the timeline of -- of when your son

23 moved to Arizona. He graduated May 2019; does that

24 sound right?

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1 A. Let me see. We keep going over this

2 graduation. Let me -- let's see, he was -- 2019. I

3 believe it was 2019. I think I said 2018 but let's

4 see. He turns -- he turned 18 and then turned 19.

5 Oh, wait. He was born November -- figure this out

6 real quick. So he is born November 18, okay,

7 November of 2000. Okay. So then he turned 18 that

8 year, and he graduated. I don't know why I can't

9 figure this out. Dang. I'm guessing it was -- not

10 guessing. I believe it was 2019 when he graduated.

11 Q. And he graduated in the spring with

12 everyone else at the end of the traditional academic

13 year?

14 A. Right. Correct.

15 Q. And --

16 A. He was older than -- his birthday came in

17 November so he was always older than the rest of the

18 kids so I believe then it was 2019 is when he

19 graduated.

20 Q. That's like my brother. He was always a

21 year older than everyone else that graduated end of

22 May.

23 A. Right. Right.

24 Q. And then so he moved during that academic

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1 year. Does November of 2018 sound correct when your

2 son moved out to the Phoenix area?

3 A. Right, because I remember it was -- I

4 can't remember if it was before or after

5 Thanksgiving, and everybody knows when Thanksgiving

6 is. So it had been -- of course, because he

7 graduated that following year so and plus it was his

8 senior year. So, yeah, it would have been November

9 and then graduated 2019, yeah.

10 Q. Okay. Just wanted to make sure we had

11 that timeline right. And then just a couple more

12 things. You said that Melissa is better mentally

13 now. Did that take a process to get her better

14 mentally from where she was in March 2017 to where

15 you are saying she's better now?

16 A. Yes.

17 Q. So it didn't -- it wasn't just all at

18 once where she was just one day woke up "I'm better

19 now"?

20 A. Correct. Yes.

21 Q. And you had also mentioned to

22 Mr. Bernhart that -- that you're more intimate now

23 than any time previous in your marriage. Did I hear

24 your testimony right?

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1 A. Yes.

2 Q. Was there a period between 20 --

3 March 2017 and when your intimacy came to the point

4 where it was more than ever where -- where it was

5 less than tra -- you know, what traditionally was in

6 your marriage?

7 A. Can you ask me that in a different way?

8 Like break it up a little bit what you are asking?

9 Q. Sure. So just -- just I am going to ask

10 some things I have asked a second ago just to make it

11 a little bit clearer. You said at current your level

12 of intimacy is at the highest point in your marriage.

13 That's what you told Mr. Bernhart, right?

14 A. Yes.

15 Q. And -- and March 2017 is when you learned

16 that your wife was reassigned to the property room.

17 A. Right. Yes.

18 Q. Was your intimacy level the same in

19 March, April, May, June 2017 as it was in January,

20 February, the beginning of March 2017?

21 A. I'm sorry, Sam. I'm -- I think -- well,

22 I don't want to think. You are asking me is the

23 intimacy level different is what you are asking me?

24 Q. Yeah. You know, in the three months, you

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1 know, December 1st, 2016, to February 28, 2017,

2 versus March 1, 2017, to June 30, 2017, that's the

3 period of time -- the two different periods of time.

4 Does that make sense?

5 A. Yes, yes.

6 Q. So using the December to end of February,

7 as I will call that the control group, was your

8 intimacy in the March to June 2017 more, less, or the

9 same than the control group of December '16 to the

10 end of February '17?

11 A. Okay. It was a lot less so a lot less

12 starting March 2017 and on.

13 Q. And how long did it stay a lot less?

14 A. Let's see, I would say really the rest of

15 the year, the rest of 2017.

16 Q. And did it go back to normal starting

17 early '18, or did it take a while to gradually get

18 back to where your level of intimacy was during that

19 control month of the end of '16 and early 2017?

20 A. I would say it -- it was a slow increase

21 in intimacy. I would say probably around middle of

22 2018. You know, it was a gradual. I can't

23 remember -- I don't know if you all have the dates

24 when the Safety Director dismissed everything. I

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1 don't know -- I don't have that date wrote down

2 anywhere but.

3 Q. Does August 2018 sound correct for that

4 date?

5 A. Right. Right. That's what I was going

6 to say. Somewhere in 2018 is when I believe the

7 pressure of her relieved and that's not consuming her

8 brain so.

9 Q. And is that when things started to get

10 better or when things got back to normal?

11 A. Just better, not normal but better.

12 Q. So it was just -- I am making sure I am

13 understanding correctly. From, you know, judging

14 against your intimacy from 2000 -- end of 2016 to the

15 end of February 2017, it was much lower from

16 March 2017 until August 2018, correct?

17 A. Yes.

18 Q. And then it had gradually started to get

19 better over, I guess, gosh, it's almost the next four

20 years now to a point where it's more intimate than

21 you've been at any other point in your marriage?

22 A. There is a reason I'm thinking, yes,

23 gradually only but you got to remember COVID though

24 and then so, you know.

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1 MR. SCHLEIN: Sure. That's -- that's all

2 the follow-up I had. Thank you so much. Unless

3 Mr. Bernhart has anything based on what I was just

4 asking, appreciate your time today.

5 - - -

6 RECROSS-EXAMINATION

7 By Mr. Bernhart:

8 Q. I just have a couple questions. I will

9 keep it brief. Mr. McFadden, you mentioned the

10 reassignment to the property room was one of the

11 other stressors, you know, in your -- that your wife

12 was dealing with, correct?

13 A. Yes.

14 Q. And I wasn't fully leaving that out

15 earlier, you know. I understand that all this

16 occurred at the -- around the same time frame in

17 2017, the allegations are made against her, she's

18 reassigned to the property room, the Division opens

19 up an investigation, the Chief of Police recommends

20 her termination, she has to go before the Public

21 Safety Director to fight for her job. All of that

22 was stressful, wasn't it?

23 A. Yes.

24 MR. SCHLEIN: I just want to clarify for

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1 the record just so it's clear the recommendation for

2 termination and Safety Director hearing was not until

3 May and August 2018 so not all the events.

4 MR. BERNHART: Thanks for the

5 clarification.

6 Q. So this was, you know, a stressful period

7 in 2017, 2018 until she finds out that she is not

8 losing her job, correct?

9 A. Yes.

10 Q. And you said it was during this time

11 frame that the intimacy levels were down before they

12 gradually increased after all of this. That's

13 because, you know, the Chief of Police was

14 recommending her termination and she has fear of

15 losing her job, correct?

16 A. I guess if you -- well, one, more of the

17 being assigned to the property room, just the

18 conditions there, being in the job she was doing, so

19 I would say more because of those things, you know,

20 and then -- in addition to the allegations and

21 things.

22 Q. Kind of everything together, correct?

23 A. Correct. Yes.

24 Q. What was more stressful to your wife,

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1 being assigned to the property room temporarily or

2 being under threat of losing her job?

3 A. The threat of losing her job.

4 MR. BERNHART: I have nothing further.

5 MR. SCHLEIN: I don't have anything

6 additional. Thanks so much, Charles.

7 THE WITNESS: All right. Thank you.

8 MR. SCHLEIN: Charles, you have got the

9 opportunity to read the transcript to make sure our

10 court reporter here didn't have any type of

11 typographical errors or, you know, mistype anything.

12 Would you like to do that?

13 THE WITNESS: Yes.

14 (Thereupon, at 12:14 p.m., the deposition

15 was adjourned.)

16 - - -

17

18

19

20

21

22

23

24

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1 State of Ohio :

 : SS:

2 County of ___________________ :

3 I, Charles McFadden, do hereby certify that I

 have read the foregoing transcript of my deposition

4 given on Friday, May 20, 2022; that together with the

 correction page attached hereto noting changes in

5 form or substance, if any, it is true and correct.

6

7 ____________________________

 Charles McFadden

8

9 I do hereby certify that the foregoing

transcript of the deposition of Charles McFadden was

10 submitted to the witness for reading and signing;

 that after he had stated to the undersigned Notary

11 Public that he had read and examined his deposition,

 he signed the same in my presence on the ________ day

12 of ______________________, 2022.

13

 __________________________

14 Notary Public

15

16 My commission expires _________________, ________.

17 - - -

18

19

20

21

22

23

24

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1 CERTIFICATE

2 State of Ohio :

 : SS:

3 County of Franklin :

4 I, Karen Sue Gibson, Notary Public in and for

 the State of Ohio, duly commissioned and qualified,

5 certify that the within named Charles McFadden was by

 me duly sworn to testify to the whole truth in the

6 cause aforesaid; that the testimony was taken down by

 me in stenotypy in the presence of said witness,

7 afterwards transcribed upon a computer; that the

 foregoing is a true and correct transcript of the

8 testimony given by said witness taken at the time and

 place in the foregoing caption specified and

9 completed without adjournment.

10 I certify that I am not a relative, employee,

 or attorney of any of the parties hereto, or of any

11 attorney or counsel employed by the parties, or

 financially interested in the action.

12

 IN WITNESS WHEREOF, I have hereunto set my

13 hand and affixed my seal of office at Columbus, Ohio,

 on this 27th day of May, 2022.

14

15 ________________________________

 Karen Sue Gibson, Registered

16 Merit Reporter and Notary Public

 in and for the State of Ohio.

17

 My commission expires August 14, 2025.

18

 (KSG-7284)

19

- - -

20

21

22

23

24

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87:17,20 91:19

92:4,5,8,20,23

93:2 94:10,13,16

94:19 95:12,20

96:14 97:1,20

100:3,16 101:12

102:8,15,22,23

104:5 105:7

corrected 69:8

correction 104:4

correctly 94:24

100:13

Costco 45:21,23

counsel 3:5 105:11

counseling 48:7

53:21 56:17,20

59:21 60:4,24

61:7,10,11,14

counseling-type

27:8

counselor 61:2

count 15:23

counter 65:2

country 39:12

County 104:2

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 107 of 117 PAGEID #: 5676
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 3

105:3

couple 35:16,19

40:10,11,11 54:3

54:10,11 77:9

81:1 86:21 97:11

101:8

couple's 48:7

course 14:19 29:20

70:7 71:1 97:6

court 1:1 5:4 20:7

103:10

covered 92:22

covering 94:13,16

COVID 40:15 41:9

62:7,7 100:23

creating 85:15

credibility 11:18

credits 19:19

critic 76:8,22 77:13

criticizing 91:18

94:7

CROSS-EXAMI...

4:4

current 25:22

34:20 42:24 98:11

currently 21:9

22:11,22

custody 51:20

customers 21:23

D

dad 36:19 37:17,24

51:17 52:3,22

53:19 57:11,17

58:16 83:6

damage 66:1

damages 8:2,6,10

8:15 10:7,15 11:1

12:21 23:21 24:6

24:15,19,20 70:12

70:15 72:4

Dang 96:9

date 14:23 30:1

59:18 100:1,4

dates 28:15 56:13

58:4,9,11 83:9

99:23

dating 30:7,15

day 51:8 71:12

74:17 86:8 87:3,7

87:7 97:18 104:11

105:13

Dead 34:23,23

deal 50:7 84:7,9,10

87:24 88:6

dealing 48:11,19

49:24 62:19 69:7

76:16 82:13,17,24

101:12

dealt 53:2

December 88:4

99:1,6,9

decided 24:18

decision 53:18

decreased 34:9,16

Defendant 1:8 2:14

3:7

defiance 50:4

definitely 61:20

74:20 77:6,6

dejected 33:6

department 6:16

23:14 92:11,19

deposed 9:14

deposes 4:3

deposition 1:10 3:6

4:15 5:18,22 8:1,7

9:13 10:5 14:19

59:12 60:14

103:14 104:3,9,11

depression 64:1,18

65:16

Deputy 16:15

describe 21:20

31:17 32:10 86:13

93:13

described 34:17

detailing 75:22

details 11:24 12:2

diagnosed 55:19

66:5

diagnosis 64:12,17

64:21

dialysis 68:14,17

69:3,16 70:2

82:13,15

different 26:4

31:20 32:5,16

34:6 42:16 63:12

68:16 69:23 89:15

89:15 98:7,23

99:3

difficult 53:18 74:2

83:23 84:13

difficulties 48:20

49:4,23 52:22

83:1

difficulty 58:24

direct 22:22 23:15

70:15 95:1

directly 10:18 11:1

11:5 23:16

Director 17:7 18:12

24:11 25:1 82:6

85:2 90:3 91:22

99:24 101:21

102:2

Director's 95:17

disagreements 60:6

discharge 21:7

discharged 21:4

disciplinary 18:24

19:1 89:24

discipline 17:5

18:20 26:13

disciplined 26:19

27:2,12

disciplines 26:17

discovery 8:4,6

9:15 24:18

discuss 8:5 71:6

discussed 42:3

85:18,21 87:9

discussing 75:10

86:13

discussion 71:12

88:16

dismissed 91:22

99:24

dispose 9:14

distinguish 83:24

distress 11:3 88:7

88:20,21

DISTRICT 1:1,1

Division 1:2 4:10

6:17 15:5 21:12

22:9 25:10 26:22

27:12,16,20,22

28:2 71:23 75:11

75:23 76:9,17,23

76:24 81:5 87:19

91:13,18 92:4,8

94:7,9 101:18

doctor 54:15,18

66:21,23 69:17

doctor's 67:7

doctors 64:14

66:14 67:6,8

69:19,21,23 70:4

doctors' 69:22

doing 5:2 6:15 16:5

42:6 43:24 72:13

72:21,21,23 73:20

83:14 102:18

Dr 49:19 53:24

54:10,14,19,22,24

54:24 55:13,18

56:3 65:5 66:24

67:3,8

drastically 33:2,2

drawn 46:11

Drive 2:3

due 15:9

duly 4:2 105:4,5

duty 72:19

E

E-I-R-I-N-G 67:2

earlier 18:7,9 24:21

63:2 67:17 76:12

101:15

early 50:24 99:17

99:19

easier 39:7

East 1:21

EASTERN 1:2

easy 84:11,11,14

EEO 27:14,18

29:17 77:22 85:8

85:12 86:11,13

EEOC 86:23

effect 75:6

effort 74:11

either 25:6

embarrassed 89:7

emergency 25:24

26:11

emotional 11:3

87:24,24 88:7,20

88:21

emotions 89:6

employed 21:9,11

21:16 27:15,19

105:11

employee 105:10

employment 2:7,8

21:14

EMT 27:5

ended 56:15

enjoy 32:18 42:6

enjoying 32:5

entailed 13:11,22

environment 85:16

equivalent 27:23

errors 103:11

et 95:7

event 7:7

events 5:23 14:20

63:3,7 74:19

75:10,14,17,21,21

76:3,4 77:19

84:14 91:11,13,18

95:11 102:3

everybody 97:5

exact 28:15 56:23

exactly 6:22 36:13

37:16 41:11 58:8

58:10 72:14 73:19

73:21 75:3 78:5

83:9 89:23

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 108 of 117 PAGEID #: 5677
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 4

Exam 80:5,11,18

80:22

EXAMINATION

95:1

examined 104:11

excuse 9:15

experience 64:8

experiencing 95:5

expires 104:16

105:17

explain 10:14 23:8

extent 9:10

F

Facebook 12:11

94:18

facing 85:1

fact 82:1 92:10

factor 34:15

fair 4:19 18:21

39:13 44:14 47:8

60:19 71:19 73:4

73:11 76:10

fall 35:22 76:18

familiar 12:2 93:22

family 37:10,12

66:21,23 73:18

85:23

far 5:2 10:9 19:24

24:24 37:19 64:10

favorite 33:15

34:20

fear 34:23 82:9

102:14

February 30:10

98:20 99:1,6,10

100:15

feel 17:14,14 18:2,3

18:18 46:17,18

67:20 68:23 69:1

feelings 89:16

fight 77:7 90:4

101:21

figure 58:8 96:5,9

figured 19:21

filed 6:6 27:14

77:22 85:8,12

86:15,19,22,24

financial 85:22

financially 105:11

find 40:1

finds 102:7

finish 20:8,10 64:4

finished 29:12

fire 4:10 20:14

21:12 22:9 23:14

25:11 27:16,20

28:2,21 30:12,13

Fire's 27:23

firefighter 4:9,13

22:2 25:14,17,19

29:1

firefighters 28:22

fires 25:24 26:11

first 4:2 19:14

25:24 68:24 74:16

five 22:21 36:24

37:1,4,10 38:7

41:13,16

fixing 72:22

flew 83:10

flip 88:12

Floor 1:21

focus 33:9

focusing 63:5

follow-up 101:2

following 97:7

follows 4:3

foregoing 104:3,9

105:7,8

form 27:6 104:5

Forman 2:2

former 16:18

forward 7:21 9:8

9:22 12:9 13:6

foundational 8:9

four 100:19

frame 32:12 33:1

35:24 49:14 56:24

82:12,23 83:12

91:8,10,16 101:16

102:11

Francisco 38:12,16

Franklin 105:3

fraudulent 86:5

freshman 53:5

Friday 1:13 3:1

104:4

friends 42:13

front 2:10 92:11,18

full 51:20

full-time 79:21

87:16

fully 101:14

fun 35:17 36:1

Funny 40:7,9,16

further 94:22 103:4

G

Game 35:1

Games 33:21 34:3

Gardner 16:12

general 6:12 67:23

75:2 84:17

generally 21:20

40:21 75:1 94:6

getting 30:1 34:24

58:4 61:5,5,6

77:11

Gibson 1:12 105:4

105:15

give 5:3 18:16 58:9

given 18:19,19

94:18 104:4 105:8

Glendale 50:20

52:13

go 4:14 8:11 10:10

26:20 28:14 31:21

32:6,11 35:13

36:3,6,11,16,17

37:21 38:4 39:24

40:7 41:22,23

45:21,24 47:23

48:1 52:8 61:21

62:22 63:17 68:15

78:20 79:6 82:5

88:13,17 90:3

95:21 99:16

101:20

goes 10:6,15 11:1,5

60:5 69:17,19

70:13

going 7:24 8:12,18

10:3,4,10 11:7,9

13:3,3 14:20 20:9

24:5,13 25:5,6

26:20 28:10 29:9

33:9 37:18 40:16

43:20 46:15 62:4

64:4,6,10 71:7

72:4 75:3 78:18

78:20 79:13 83:4

83:8 84:15 86:18

88:3,21 89:11

96:1 98:9 100:5

golf 25:4

good 4:6 5:2 38:4

78:7

gosh 100:19

gotten 63:10,11

66:2

gout 63:11,18,20

67:16 68:1 69:15

grade 19:6,7

gradual 99:22

gradually 99:17

100:18,23 102:12

graduate 19:11

20:16 50:11 52:11

83:11

graduated 51:10

52:8,12,12 57:3,7

57:18,23 58:2,3

58:12 80:2 83:9

95:23 96:8,10,11

96:19,21 97:7,9

graduating 19:20

57:12

graduation 58:15

96:2

great 50:8 60:19,22

greatly 77:3

Grizzell 16:8

grocery 45:14

ground 4:14 20:6

group 49:21 92:14

95:11 99:7,9

guess 6:15 15:23

23:11 67:20 72:20

100:19 102:16

guessing 96:9,10

guys 33:12 35:6,17

36:3 38:23,23

39:17,24 40:7,17

43:12,16 44:13,23

45:21,24 46:20

48:22 53:21 56:2

56:2 61:8,21 91:3

H

half 78:19 87:7

hand 105:13

happen 63:13

84:12

happened 6:16 7:7

33:7 56:4,11,22

60:1 89:5

happening 38:22

happy 39:8,13,13

81:9,20

hard 23:7 63:4

head 5:4 46:15

health 47:2,17,20

55:1,6,9,19,22

65:9,9 67:12

89:16

Healthcare 47:24

54:16

hear 40:2 97:23

hearing 85:2 95:17

102:2

held 25:16 92:10

help 64:24

helping 42:14

hereinafter 4:2

hereto 104:4

105:10

hereunto 105:12

hide 47:10

high 50:11 51:10

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 109 of 117 PAGEID #: 5678
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 5

51:14,23 52:9,13

53:4 57:7,23

58:17,20 66:5,11

66:13,19 69:6,15

82:13,15,17,20

higher 25:16

highest 98:12

history 47:1

hobbies 31:15,18

31:23

hobby 31:19

hold 57:20 92:13

92:15

home 72:11,12,19

72:21 73:3,6,10

73:14 78:10 80:20

honorable 21:6

hope 43:5

horn 11:10

hostile 85:16

hour 7:19 78:19

hours 22:1,3,4

house 32:5 43:5,7

43:17 44:8 59:2

89:7 90:7,10

household 43:9

44:14,15

huh-uh 43:22 48:3

59:16 61:9 62:24

88:10

humiliated 89:6

husband 89:12

hypertension 66:2

I

IAB 84:22

identified 6:9 10:23

88:18

imagine 50:8 68:21

71:19 74:10 80:23

81:14 82:6 86:1

impact 75:6 85:22

impactful 95:15

important 5:3 20:7

61:4

impossible 84:5

inappropriate 7:23

9:9,23

include 95:18,19

including 95:6,10

increase 99:20

increased 37:17

39:2 67:4 102:12

Independence

52:13

indication 86:20

individual 84:5

93:9,18,23

individuals 10:7

influence 5:13

information 28:21

67:21

injured 78:2

injury 47:8,13

63:21 68:4 78:1

78:10

insomnia 63:23

64:22

instruct 10:4 24:14

72:4

instructing 9:1

12:22 24:8 25:7

intents 53:10

interest 77:4

interested 33:8

105:11

internal 14:6 27:23

84:21

interview 93:22

94:3

interviewed 14:3

interviews 29:2

93:6 94:6,19

intimacy 98:3,12

98:18,23 99:8,18

99:21 100:14

102:11

intimate 46:21,21

97:22 100:20

investigation 13:7

13:11,14,21 14:1

14:4,6,10,12,13

17:5 18:24 27:19

28:2,7 34:12

45:10 70:8 71:2,7

71:14 81:23 84:22

89:19 90:14,15

95:7,16 101:19

investigations 28:4

investigator 70:9

investigator's 29:9

investigators 71:3

involved 13:24 14:8

76:13

involving 56:8

irrelevant 72:4

Isaac 22:24

Isaiah 31:5 55:15

issue 63:22 66:2

issues 50:8 56:8

63:12 65:21 69:10

83:13

J

Jacobs 16:18,21

17:1,22 18:2

71:17

January 98:19

Jeffrey 66:24

job 26:3,4 82:9

85:3 89:22 90:4

90:12 101:21

102:8,15,18 103:2

103:3

Jody 93:10,11,19

93:20,23,23 94:1

John 39:22 40:4

41:1

Johnson 12:15

joint 20:14

judging 100:13

jump 68:10

June 98:19 99:2,8

junior 53:7 58:20

58:23

K

Karen 1:11 105:4

105:15

keep 11:9 85:3 96:1

101:9

keeping 40:19 71:9

71:10

kidneys 69:7

kids 96:18

Kim 16:18 71:17

kind 26:4 40:21

53:2 65:21 102:22

knew 11:12 72:22

73:20 74:6,16

83:10 92:14

know 4:22 5:24 8:8

8:9,11 10:1,17,23

10:24 11:1,2,2,3,8

11:15,16,16,19

14:20,22 15:10,11

15:11 16:8,9,9,11

16:12,15,18 17:16

17:19,21 18:2,3,8

18:9,11,11,18,18

24:15,17,22 26:2

27:5,7 28:21

29:10 30:6,14

31:22 32:3,17

33:2,9,18,19 34:2

34:8,11,15 36:21

37:10,15,16,19,24

38:15 39:6,6,9,12

40:16,23 41:8

42:12,15,16 44:13

44:17,19,20 45:1

45:2,3,9,9 46:8,9

46:11,14 47:6,7

47:16 49:21 50:8

51:8 53:9 54:1,18

55:8,18,20,21,21

55:24 56:1,14,21

58:3,11 59:17

60:6,6,7,10,15,17

60:18 61:13,14,16

62:18 63:1,2,4,7,9

63:9,10,12,13,14

63:20 64:2,5,6,14

64:14,15,20,23

65:4,6,6,8,15,17

65:18,20,22,24,24

66:3,4 67:20,21

67:22 68:4,10,10

68:16 69:2,5,5,7

70:9,14,18 71:9

71:11 72:12,22,24

73:1,10,15,16,16

73:17,19,19,21

74:2,4,4,13,18,20

74:24 75:3,5,22

76:3,12,13,14,15

76:15,24 77:4,7

77:12,14 78:4,5,7

79:11,21 80:24

82:11,12,24 83:5

83:10,11,11,23,24

83:24 84:8,14,16

84:21 85:2,3,22

86:4,10 87:5,6,6,6

87:7,8 88:20

89:10,12,14,16,19

91:3,8,17,22 93:3

93:4,9,11,14,14

93:20 94:8 95:4,6

95:11,14,18 96:8

98:5,24 99:1,22

99:23 100:1,13,24

101:11,15 102:6

102:13,19 103:11

knowing 89:12

knowledge 11:20

11:24 13:10,21,23

15:4,8,17,20 16:5

17:11,15,16 18:22

24:22 28:9 46:24

47:4 72:8

known 30:9

knows 10:7,12,20

62:15 97:5

KSG-7284 105:18

Kuebler 16:15

L

labeled 64:15

Labor 2:7,8

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 110 of 117 PAGEID #: 5679
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 6

lack 24:6

Lamont 31:5

laptop 73:22,24

74:5

Las 35:12,19,21

41:6,12

late 36:14

latest 71:12

laundry 44:11,12

law 78:14 79:8,10

79:15,24 80:2

83:16 87:3,8

lawsuit 6:6,20,24

7:3,9 10:8 85:22

leading 49:13

learned 98:15

leave 78:1 79:9

leaving 56:15

101:14

left 49:5 78:23

Legend 39:22 40:4

41:1

lengthy 72:17

let's 4:14 20:18

28:14 32:14 33:16

35:11,23 36:11,12

37:6 49:2 57:19

62:5,5 67:19

68:18 83:7 96:2,3

99:14

letting 53:18

level 19:6 86:4

98:11,18,23 99:18

levels 102:11

liabilities 8:2

liability 8:5,15

12:18,21 24:18

Lieutenant 8:14

23:1,2,3,3 24:17

87:19

Lieutenants 23:9

life 30:15 32:3 46:3

53:2 84:13

liked 43:21

likes 42:11,14,14

line 8:23

Lionel 41:4

listed 95:15

listening 72:23

Litigation 2:9

little 8:12 28:9

33:21 50:3 55:4

68:24 71:11 78:18

85:20 92:14 94:23

95:21 98:8,11

live 31:10 36:19

43:1 48:22,24

50:15,19 51:13,16

52:3,21 53:19

57:11 83:6

lived 31:12 49:3

51:5,17,23 58:16

58:19

lives 50:20

living 51:2 52:18

LLC 2:2

Local 28:20

long 7:18 22:8,15

22:20 30:4,9

37:17 62:4 76:19

78:4,8 79:12,13

99:13

long-standing

23:10

long-term 61:13

longer 40:13 78:19

look 28:17 37:16,21

56:13 58:10,14

83:9 91:24

looking 58:5 59:18

73:2

loop 71:9,10

lose 60:16

losing 82:9 89:22

102:8,15 103:2,3

lot 12:10 19:10,17

31:20,24 33:3,12

33:17 36:12,17,18

38:14,23 39:24

40:1,7,8 42:15

43:11 63:8,10

64:8 65:12 68:15

74:7,10 76:3

77:18 78:19 80:17

80:23 81:11 83:22

89:8,11,12 92:2,6

92:6 94:12,15

99:11,11,13

lower 100:15

Lu 93:16 94:2,4

M

M 2:2 67:2

mad 89:6

magistrate 11:10

main 39:10 77:12

majority 44:9

45:16

making 68:23,24

87:11 95:21

100:12

Manhattan 38:14

38:17

March 7:20 9:6,20

14:17,21,22 31:13

32:7,11,17,20,24

47:16 49:13 55:10

56:8 63:3,7,20

65:10 66:8 67:13

68:7 69:14 70:5

74:19 79:24 91:20

97:14 98:3,15,19

98:20 99:2,8,12

100:16

Marine 21:3

marriage 55:23

56:17,20 59:21

60:3,20,24 61:2,7

61:11,13,15,16

75:7 97:23 98:6

98:12 100:21

marriages 30:17

31:2

married 29:20,23

30:1,15 47:7

50:13 89:3

Marshall 2:2

Mary 67:2

Maryland 19:15

McFadden 1:4,11

2:16 3:7 4:1,8 8:3

8:14,18,22 9:6,14

10:20,23 19:5

24:16 29:21 31:5

79:7 88:18 101:9

104:3,7,9 105:5

McFadden's 24:17

mean 17:24 18:1

47:7 51:9 63:22

70:17 72:14 75:19

84:7 86:3

media 17:18,21

18:17 19:3 24:23

24:24 86:21 89:7

90:6,10,16 91:5

92:3,7,22 93:6,15

94:12,16

medical 5:8 47:1

55:4 63:12,19,22

64:5,12,17,21

67:21,24 68:6

69:2,13

medication 66:15

67:5,10,15,16

medications 65:5,9

67:11

medicine 48:16

65:16 66:19

meds 65:12 68:15

68:16

meet 6:1 7:18 30:11

62:22

meeting 7:14,16

Meiring 66:24 67:3

67:8

melatonin 64:24

65:3

Melissa 1:4 2:16

8:20 29:20 30:21

44:16 46:16 47:22

51:13,24 52:18

53:9 55:19,22

58:19 59:7 73:17

76:13 79:13 89:2

95:5 97:12

Melissa's 8:2

member 93:15

members 91:6

mental 10:18 47:2

47:17,20 55:1,5,6

55:6,9,19,22 65:9

65:9 67:12

mentally 65:23

66:3 97:12,14

mentioned 35:6

39:16 40:6 44:19

63:18 79:7 94:2

97:21 101:9

Merit 105:16

met 7:10 30:12

middle 53:5 76:2

77:7 99:21

military 20:24

mind 46:17

minute 88:14 93:5

minutes 78:21,23

Missionary 62:12

mistype 103:11

mixed 58:4

mom 53:13

month 54:3,11

99:19

months 78:6 87:23

88:1,3 98:24

Moore 23:12,12

Morefield 12:15

morning 3:1 4:6

mother 53:10,11

move 13:2,3 42:22

43:3 50:22 51:10

53:19

moved 42:19,20,23

49:5,14 50:23

51:5 57:10,15

68:18 83:5 95:23

96:24 97:2

movies 33:22 39:23

moving 13:6 49:9

51:22 52:2,17,21

62:9

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 111 of 117 PAGEID #: 5680
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 7

music 39:22

N

name 4:7,8 31:4

49:18 54:18,19

67:1,7

named 8:3 93:9,19

93:23 105:5

names 61:4 69:23

National 20:20,20

nature 8:13

Ned 23:13,17 24:3

24:7

need 4:21 8:16 11:2

needed 13:4

needing 69:3

needs 5:5 66:16

73:9

nervous 68:24

Netflix 33:10,13,16

33:18 40:18

never 19:21 38:3

54:21 63:10,11

86:20

new 35:22 43:5

news 17:18 90:19

newspaper 17:17

nice 43:5

night 79:17 86:8

87:7

Nope 42:4

normal 89:2 99:16

100:10,11

North 2:10

Notary 1:12 3:9,12

104:10,14 105:4

105:16

noted 9:17

notes 3:9 88:13

noticed 63:3

noting 104:4

November 96:5,6,7

96:17 97:1,8

number 80:14

numbers 15:24

O

object 7:24 8:19

10:3 25:5 86:18

objection 9:16

13:13 15:14 16:23

18:14 23:18 24:4

24:13 70:11 72:3

observe 72:10,13

72:18 74:4

observed 11:4

occur 7:16

occurred 14:13,17

34:10 63:6 101:16

October 21:5

offended 5:12

office 2:6 73:3,6,9

73:10,14 105:13

officers 7:21 9:7,21

10:1,13,21 11:13

12:9,14 29:17

70:10 71:4 85:11

86:14,15 87:11,13

official 3:11

officials 77:23

oh 33:19 35:21

37:14 55:11 80:9

96:5

Ohio 1:1,12,22 2:3

2:10 19:16 52:23

104:1 105:2,4,13

105:16

okay 4:21,24 5:1

7:1,13 8:22 9:16

9:18 11:14,20

13:19 14:3,8,12

15:2,11,16 16:24

17:20 18:11,15,21

19:5,11 21:11

23:5,16 24:1,2,11

24:21 25:4 27:1

29:15 32:1,10,22

34:19 36:9,20,24

37:23 38:19 39:5

39:11 40:24 44:2

45:17 46:2,24

48:22,24 52:14

54:14 55:13 56:10

57:21 58:13,16

59:2,14,17 60:19

65:14 66:13 67:18

68:11,14 69:12

70:24 73:13 74:7

76:21 77:21 78:1

79:1 80:2,14

81:17,19 83:16

89:1 90:16 93:9

93:20 94:2,21

96:6,7 97:10

99:11

OKEY 1:21

old 30:23 58:3

older 96:16,17,21

once 36:21 37:5

41:12 54:1,2,2

61:14 84:12 97:18

ones 15:24

ongoing 61:12 94:8

94:8

online 94:15

opens 101:18

operations 21:19

opportunity 103:9

opposed 5:4 15:13

organize 16:1

outcome 19:1

outside 24:23 29:9

30:14 43:3 50:20

outspoken 76:8

77:13

outspokenness

76:17 92:3

over-the-counter

65:3

overly 76:14

Ozark 33:19,20

34:5

P

p.m 103:14

page 104:4

paramedic 20:3,13

25:20 64:9 65:24

Park 19:15

part 14:3 21:24

28:3,3,5 40:15

61:17 66:17 72:24

part-time 79:19,21

particular 36:17

39:5

particularly 77:14

parties 3:6 105:10

105:11

pass 27:3,4 28:21

80:11,15

passed 80:7,8,9

password 33:23

34:1

pastor 62:14

Paul 2:7 78:18

pending 4:23 81:23

people 42:14 61:13

61:14 64:7

perceived 76:24

perception 75:22

76:16 94:8

period 98:2 99:3

102:6

periods 99:3

personal 11:20,24

13:10,20 15:4,8

15:16,20 17:11,15

24:22

personally 11:15

16:10,12,13,16,19

17:22

Pettus 23:13,17

24:3,7,12,16 25:1

25:4

Phillips 2:9

Phoenix 19:16

36:11,16,17,21

37:11,13,14,14,15

38:3,6 97:2

phone 58:5 59:13

59:14 60:12

physical 67:12

picture 93:12

piece 86:7

pinpoint 58:11

place 105:8

places 31:22 32:6

38:14

Plaintiff 1:5 2:5

plane 21:24

played 34:15

please 4:6,16 9:19

13:19 37:7 70:24

91:15

pleasure 36:3,4

38:17,18 41:18

plus 97:7

pmbernhart@col...

2:12

point 8:18 12:24

26:14 39:8 51:24

55:22 78:20 98:3

98:12 100:20,21

police 6:17 7:21 9:7

9:21 17:12 70:10

71:4,17,23 75:11

75:23 76:9,17,23

77:1 81:5 82:2

84:24 87:20 91:14

91:18 92:4,8,11

92:19 94:7,10

101:19 102:13

position 21:21

Possibly 59:23

potential 6:9

prepare 5:21 7:11

prescribed 65:4

66:15 67:11,13

prescribes 48:15

presence 3:10

104:11 105:6

present 2:15 7:13

12:4,15 40:20

press 92:10

pressure 66:2,6,11

66:14,19 67:4,10

67:15 68:2 69:7

69:15 70:2 82:13

82:15,17,21 100:7

pretty 18:3 19:22

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 112 of 117 PAGEID #: 5681
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 8

46:18,21 72:17

85:4

prevent 5:9,14

previous 30:17

31:2 97:23

primarily 73:13

78:10

primary 52:20

prior 22:18 30:1,6

30:6 32:17,19

35:19 36:5,9

38:22 41:1,1 49:9

49:11 51:2,19,22

52:2,17 55:23

56:3,7,8 57:11

62:9 66:8 70:4

79:24 83:3

probably 23:11

37:1 62:8 99:21

problems 60:23

Procedure 3:8

proceeded 29:2

process 97:13

program 20:17

22:14 79:17 87:3

programs 33:12

proof 3:11

property 7:5 14:14

14:24 15:6,13,18

15:22 16:5 18:24

81:6,21 84:19

90:13 95:11,19

98:16 101:10,18

102:17 103:1

protect 6:15

provide 47:23

psychiatrist 48:13

psychologist 48:14

48:17,18

Public 1:12 17:7

18:12 82:5 85:2

90:4 101:20

104:11,14 105:4

105:16

published 71:21

72:6,7,17 90:8

publishing 75:6

purely 8:1 12:18,21

purposes 8:5 53:10

put 17:18 19:22

23:11 75:3 86:3

89:9

Q

qualification 3:12

qualified 105:4

question 4:16,17,18

4:23 8:16 9:4,19

13:1,19 16:24

20:11 28:10 52:7

57:21 66:10 68:13

74:3 76:19

questioning 8:24

29:10

questions 5:5,10,15

8:9 10:22 11:8

13:13 16:11 20:9

40:21 95:4 101:8

quick 96:6

quite 80:24

quoted 90:19

R

racially 7:22 9:9,23

racism 71:22 75:10

75:23,23 76:16,24

94:8,9

raise 30:22

random 33:22

rank 4:12 25:16

React 22:14

read 17:20 19:2

24:23 75:2 103:9

104:3,11

reading 17:16

104:10

real 96:6

really 23:10 99:14

Reann 94:2

reason 15:5 33:4

36:17 39:5 52:21

100:22

reasonable 68:13

reasons 18:4,5,9

39:10 52:20 69:6

reassigned 14:13

14:24 15:5,9,12

81:6 90:13 98:16

101:18

reassignment 18:23

84:19 95:10,19

101:10

recall 49:18 92:12

receive 20:19 21:6

64:12,17,21

received 17:4 47:17

55:22 92:2,6

recess 8:23 79:5

recollection 26:18

recommendation

95:17 102:1

recommended

16:22 17:2,12,22

18:4,10 34:12

45:10 71:18

recommending

82:2 85:1 102:14

recommends

101:19

record 4:7 15:23

28:17 79:6 88:13

88:16,17 102:1

records 6:4

recovering 78:10

RECROSS-EXA...

101:6

reduced 3:8

refer 14:22

referring 14:20,23

Reg 20:20

regarding 13:13

18:22 46:24 49:8

49:15 88:19

regimen 67:5

Registered 105:15

Registry 20:21

regular 46:2

regularly 51:7,8,9

61:23 75:16,18

related 8:6 10:19

95:4

relationship 24:2,6

53:16 62:14,16

relative 105:10

relevant 23:20

70:12,16

relieved 65:22

90:12 100:7

religious 61:19

remember 28:15

36:13 40:8 41:8

41:11 50:21 54:12

56:23 58:10 61:3

61:4 67:7 69:22

78:5,6,8 83:2 97:3

97:4 99:23 100:23

repeat 4:17 8:16

rephrase 4:16

report 26:9

reporter 5:4 20:8

103:10 105:16

reports 86:21 94:13

represent 28:22

29:1,5,16

representative 29:7

requires 80:23

reserve 13:4

residence 42:24

residences 42:20

respect 76:23 86:11

respective 3:6

respond 25:23

responded 26:11

responder 25:24

response 18:16

responses 5:3 8:4

responsible 21:22

rest 96:17 99:14,15

restroom 78:21

review 6:4

Rhonda 16:8

Richie 41:4

right 11:6 13:3,4

22:6 29:8,8 34:7

37:1,15 46:17

47:14 48:15,18

53:8 58:5,18 59:2

61:6 68:3,5 70:21

72:16 74:22 76:5

77:17,17 81:7

84:19,20,23 86:1

86:7 88:4 89:21

89:21,21,23 91:14

92:1 95:13,24

96:14,23,23 97:3

97:11,24 98:13,17

100:5,5 103:7

River 38:13

road 69:10

role 25:22 28:18

72:1

roll 78:18

room 7:5 14:14,24

15:6,13,18,22

16:6 18:24 59:8,9

59:14 60:12 73:19

74:5 81:6,21

84:19 90:13 95:11

95:19 98:16

101:10,18 102:17

103:1

rules 3:8 4:14 20:6

S

Safety 17:8 18:12

82:6 85:2 90:4

91:22 95:17 99:24

101:21 102:2

Sam 7:12,15,18 9:1

10:6 68:10 88:11

98:21

Samuel 2:2

San 38:12,12,16,16

savvy 60:17

saw 17:20 18:17

19:2 24:23 39:22

41:3,4 54:1 55:14

saying 32:19 47:5

57:4 77:10 95:8

95:14 97:15

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 113 of 117 PAGEID #: 5682
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 9

says 4:3

Schlein 2:2,2 7:24

8:11,20 9:3,10

10:3,9,14,20 11:6

12:17,24 13:12,18

15:14 16:23 18:14

23:18,20,24 24:4

24:10,13 25:5,9

33:23 40:19,24

43:14 55:3 68:12

70:11,17,22 72:3

78:17 79:1,4

86:12,18 88:15

94:23 95:2 101:1

101:24 103:5,8

school 20:2,3,13

50:4,11 51:11,14

51:23 52:9,13

53:4 57:7,18,23

58:17,20 78:14

79:8,10,13,15,24

80:2 83:16 87:3,6

87:8

schooling 19:6,17

19:18

scope 8:1 9:13

70:19

screen 60:16

seal 105:13

Sean 23:12

season 33:21

seasons 34:6

second 1:21 57:20

98:10

see 20:18 23:7

28:14 31:22 33:16

35:21 36:11,13

37:6 39:17 40:2,4

49:2 55:13,14

57:19 58:7 59:7

62:5,5 64:8,15

65:12 67:19 68:18

83:7,7,10 89:11

93:12 96:1,2,4

99:14

seeing 37:23 41:1

53:24 54:10,13

56:2,3,5,7 70:4

89:4

seen 51:7

senior 19:8 97:8

sense 9:11 15:2

39:11 42:8 99:4

sent 17:17

separate 74:5 83:12

83:15 84:5,11,14

September 35:24

72:7,18

Sergeant 14:10

23:1

serial 15:24

series 33:17

serve 28:13

served 20:24 28:11

29:16

service 16:1

Session 3:1

sessions 48:2 49:7

53:22 54:4,22

set 105:12

sewilliams@colu...

2:13

sex 46:3

shaking 5:4

share 31:15 32:16

44:14 66:21 73:6

sharing 33:24 34:1

she'll 85:3

shop 45:16

shopping 45:14

short 19:19 23:8

shortly 77:15

shoulder 47:13

63:21 68:4 78:2

show 34:20 35:1

shows 31:20,20,22

32:17,18,24 33:5

33:15 34:9 39:15

39:17,21

sick 79:9

side 29:5

sign 27:6

signed 104:11

signing 104:10

similar 50:7

sir 4:6 21:15 59:2

72:6 86:23

sit 18:1

situations 25:24

26:11

six 30:5 78:6 87:23

88:1,3

sleep 63:9,24 64:24

65:18

slow 78:17 99:20

social 94:15

son 36:19 48:11,20

48:22 49:8,16

50:2,7,13 51:20

53:1,10 54:5,7

55:15,16 56:3,8,9

56:14 57:3,5,7,23

60:5,19 61:5 83:1

83:2 95:22 97:2

sophomore 53:7

58:20,23

sorry 13:16 20:5

37:6 44:7 50:24

52:1 55:3,11 56:5

57:4,21 66:9

76:19 84:3 86:12

91:15 98:21

sort 28:23 63:13

sound 95:24 97:1

100:3

sounds 27:8 38:21

44:13 82:12,23

83:22

source 50:9 60:20

60:22 82:6 86:1

SOUTHERN 1:1

Southwest 21:17,18

22:5

span 34:16

Spark 22:14

speak 14:9 24:11

90:16,21 91:5,23

speaker 93:1

speaking 77:18

90:22,23 91:11,12

91:12,17

specific 6:18 87:9

specifically 6:21

15:12 32:13 76:23

95:16

specified 105:8

spell 67:1

spend 74:7 80:17

spending 32:4

spent 80:24

spoke 5:24 18:8

24:16 67:16 70:9

71:3 92:18

spoken 75:9,22

spring 96:11

springtime 36:14

Squid 33:21 34:3

SS 104:1 105:2

sschlein@marsh...

2:4

stand 29:5 86:10

start 26:22 35:11

79:10

started 37:18 44:2

44:21 54:13 63:13

74:13,18 77:10

79:23,23 91:23

100:9,18

starting 35:2 99:12

99:16

state 1:12 4:7 19:16

20:15 87:24 104:1

105:2,4,16

stated 104:10

STATES 1:1

station 22:11,19

23:6 26:7,8,9

stay 64:1 99:13

staying 50:5

stenotypy 3:9 105:6

steps 92:11,19

steward 28:8,11,13

28:19 29:16

stipulated 3:5

STIPULATIONS

3:4

Stoia 93:16 94:3,4

stopped 33:4

Street 1:21 2:10

stress 10:17 50:9

68:21 81:11 82:7

84:1,7 86:2,3,6

stressed 81:22 82:1

stressful 71:15,19

84:14 85:4,5 86:7

101:22 102:6,24

stressor 69:8 84:9

stressors 70:14,14

84:6,8 101:11

studying 80:17,23

80:24

stuff 12:11 56:22

73:18 86:9

subject 8:7,14 10:8

26:13 27:18 74:24

submitted 104:10

substance 5:14

104:5

sudden 63:13

sue 1:11 85:15

105:4,15

suffered 10:18 47:7

47:13 63:19 68:7

69:12

suffering 5:8

suit 8:3

Suite 2:3

summer 36:14,14

supervised 23:13

supervisor 22:23

23:5,10,15

support 45:3 62:19

supported 45:5

supportive 45:11

sure 11:23 12:1,11

13:20 14:5 20:1,3

29:8,10 31:19,23

37:8 47:3,5 52:2,6

55:20,24,24 57:23

62:21 64:19,20

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 114 of 117 PAGEID #: 5683
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 10

66:11 71:1 72:15

73:15 74:3,15,16

76:20 79:12,20,23

83:11 91:16 93:11

93:12 94:24 95:8

95:21 97:10 98:9

100:12 101:1

103:9

surface 81:13

surfaced 81:4,14

Susan 2:8

sustain 17:8 18:12

25:1

sworn 4:2 105:5

sympathetic 45:2

systemic 71:22 94:9

T

T.V 32:14,16,18

33:5 34:9,20

39:15,18

take 4:23 5:5 8:22

78:23 87:22 88:6

88:11 97:13 99:17

taken 1:11 5:18

15:24 65:8 79:5

80:5 105:6,8

takes 67:19

talk 8:12 18:2

32:14 47:23 65:14

71:11 88:5 90:22

91:3

talked 39:15,15

68:1,2 76:12

88:22 89:3,9

90:18

talking 6:21 12:11

18:17 20:5 34:11

37:4 39:18,20

40:22 45:9 60:18

77:9 84:16,17,18

84:21,24 89:18,19

91:11 93:16,17,18

Tarpey 54:19,20,22

54:24 55:13,18

65:5

Tate 12:15

tech 60:16

television 32:23

tell 32:1 37:20 63:6

67:22,24 74:1

81:14

telling 50:5 67:20

83:8

tells 18:1

temporarily 14:14

81:6 103:1

term 64:5 95:6

terminated 16:22

17:2,13,23 71:18

termination 18:10

34:12 45:11 82:2

85:1 95:7,16

101:20 102:2,14

terrible 89:17

test 27:4

testified 24:21 37:8

81:22 85:7 95:5

testify 10:24 11:17

88:19,22 105:5

testimony 10:15

97:24 105:6,8

testing 27:4,5

texted 59:11

texting 60:11

Thank 101:2 103:7

Thanks 79:4 102:4

103:6

Thanksgiving 97:5

97:5

theme 46:10

therapist 47:22

49:18

therapy 48:4,9 49:7

49:15 88:9

thereof 24:6

thing 27:9 33:17

66:1 83:24 84:17

90:24

things 12:10 32:2,5

34:16 39:16,23

40:19 42:10 44:17

50:6 62:19 63:8

63:14,14 68:16

69:8 72:13,22

77:10 83:13 86:10

89:4,5,8,15 94:24

95:15 97:12 98:10

100:9,10 102:19

102:21

think 9:12 17:24,24

19:16 21:5 26:15

26:20,20 27:4

33:17,18,20 34:3

35:16 36:12 39:9

39:9 40:10 41:10

41:17 49:2 50:3

54:1,19 55:8,14

56:1,21 61:3,11

61:16 62:6 63:23

64:23 65:1,2,11

65:11,12,14,17

68:18 70:15,19

77:15 78:22 80:12

83:20 91:20 96:3

98:21,22

thinking 41:9 88:3

91:24 93:21

100:22

thought 5:23 60:7,8

95:18

threat 89:22 103:2

103:3

threatening 85:14

three 7:20 9:7,21

11:13 12:9 22:17

26:5,10 41:17

69:23 98:24

Thrones 35:2

ticket 21:24

tied 44:17 46:16

time 9:18 11:8

26:18 27:5,11,15

27:19 32:4,12

33:1 35:24 37:18

38:4 40:9 42:7

48:12 49:14 55:14

56:19,24 58:7

62:4 63:4 66:10

74:7,10 77:14

78:7,9,15 79:12

79:13 80:17,24

81:15 82:12,21,23

83:4,12,16,19

84:15 85:6 87:22

88:6 89:4,10,14

91:8,10,16,20

95:13 97:23 99:3

99:3 101:4,16

102:10 105:8

timeline 95:22

97:11

times 36:24 37:1,4

37:11,20,21 40:10

40:11 41:15,17

50:5 54:3,11

61:12,15 63:23,24

73:17 80:5,14

83:15

today 4:21 5:3 6:22

7:11 8:10 10:22

20:6 88:23 101:4

today's 4:15 5:21

14:19

told 16:2,4 17:19

17:21 19:3,22

24:24 60:11 69:13

90:22,24 91:2

93:4 98:13

Tolliver 22:24 23:3

totally 72:3

touched 63:1

tough 89:10,14

Town 1:21

tra 98:5

trade 19:17 20:2

traditional 96:12

traditionally 98:5

Training 22:13,16

25:23 26:3

transcribed 3:10

105:7

transcript 103:9

104:3,9 105:7

transferred 81:21

travel 31:21 35:7

36:6 38:21,23

39:2,8,16

traveled 39:1

traveling 39:12

44:21

treat 65:16

treated 54:15

treating 82:20

treatment 47:1,2

47:18,20 55:1,7

55:10,22

treats 70:1

trial 6:10 88:22

trips 31:24 41:22

trouble 43:15

true 25:2 104:5

105:7

truth 105:5

truthfully 5:10,15

try 39:8 76:20

trying 33:17 36:12

39:7 45:3 55:8

56:21 58:8,11

74:1

turned 96:4,4,7

turns 96:4

two 30:20 42:23

43:1 69:23 85:21

99:3

type 31:22 39:17

45:15 48:9,15,16

69:10 73:3 103:10

typographical

103:11

U

uh-huh 23:4 34:7

44:5

ultimately 17:4

underlying 69:2

undersigned

104:10

understand 4:15

6:7,10 7:9 14:21

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 115 of 117 PAGEID #: 5684
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 11

18:6 66:18 79:21

80:23 92:2 94:24

101:15

understanding 5:9

5:15 6:12,14,19

7:2,4,7 52:6 69:4

95:22 100:13

understood 4:18

union 28:4,8,11,13

28:18,20,21,22

29:7,16

United 1:1 47:24

54:16

University 19:14

19:15,16

unjustly 7:6

unpack 89:16

upcoming 6:10

update 71:13

upset 81:17,19

use 29:4

uses 73:10

V

vacation 35:11,12

35:20 36:10 38:9

vacationed 35:10

vacations 35:7

Vegas 35:12,19,21

36:5 38:6 39:22

40:4 41:2,4,6,12

41:15

venture 20:15

verbal 5:3

versa 60:9

versus 99:2

vests 15:23

vice 60:8

vikings 35:1

violated 20:7

violation 28:24

violations 29:18

vs 1:6

W

wait 55:11 96:5

waived 3:12

walk 26:16 38:13

Walking 34:23,23

want 11:2 20:12,18

26:16 28:15 32:11

40:2 50:24 60:16

62:6 87:2 91:9

95:7,21 98:22

101:24

wanted 24:15 64:1

89:9 97:10

wanting 50:4 63:9

78:17

Warren 49:19

53:22

wasn't 14:8 33:8

53:9 61:12 72:23

72:24 74:20 81:9

83:4 93:3 97:17

101:14,22

watch 31:20 32:23

33:12 35:2,3

40:17

watched 33:16,18

33:19,22 34:2

watching 32:14,16

32:18 33:5 34:9

waving 59:7

way 13:24 42:15

64:7 67:1,23

72:20 98:7

ways 42:16

we'll 45:18 79:1

we've 33:16,22

38:13,14 44:24

46:13 68:1,1 89:3

week 22:1,3,4 54:2

weekends 45:19,20

weeks 35:16,19

weights 21:22

weird 63:10

went 19:16 33:20

35:22,24 36:11

38:12 39:21 40:9

45:6,8 56:19

58:14 61:3,11,15

62:18

weren't 12:4

Westley 2:9

WHEREOF

105:12

wife 6:6 7:22 9:8,22

11:4,22 12:5 13:8

14:13,23 15:5,17

16:22 17:2,4,8,12

17:19,21,23 18:13

18:17,23 19:3

24:24 30:9 31:8

31:10,15 32:16,18

32:24 34:10,19

35:4,13 36:7,20

37:9 38:19,22

39:13 41:2,20,23

42:1,6,11,17,19

43:21 44:22 46:2

47:1,17 49:8,15

54:7,15 55:1 56:4

56:16 59:20,20

60:10,24 61:18

62:13,15 63:4,7

65:20 66:20,21

67:12 69:12,17

70:8,10 71:6,15

71:18,21 72:6

73:7 75:5,9,21

76:7,22 77:21

78:1 79:8 81:5

85:8,12 86:15,24

87:2,16 88:6

89:20 90:1 91:10

91:17 93:6,23

94:3,18 98:16

101:11 102:24

wife's 6:13 24:12

34:16 47:1 88:19

Williams 2:8

witness 3:7,11 6:10

9:2 12:23 13:16

23:23 24:9 25:8

28:6 68:11 88:19

103:7,13 104:10

105:6,8,12

witnessed 11:4

wmphillips@col...

2:13

woke 97:18

word 29:4 72:24,24

words 23:8

work 12:14 22:1,4

22:20 23:16 28:20

39:6 50:4 56:4,11

60:1 62:20 65:20

78:4,9 85:16

87:16,23 88:6

worked 22:8,21

25:10 27:22

works 28:9

worse 66:3

wouldn't 45:1 53:3

60:21,21 71:10

write 27:6 56:13

57:19,19 73:13,24

83:8

writing 3:9 58:6

72:1,10,18 73:20

74:5,6,8,13,17,18

74:23 75:1 83:19

written 27:8

wrong 7:6 60:7,8

wrote 72:15 92:7

100:1

X

Y

yeah 8:17 12:3 13:1

23:24 30:13 33:19

33:20 34:4,7,14

35:18 36:19 38:16

45:21 50:11 53:23

55:17 56:7 58:15

59:19 62:10 63:8

65:17,17 66:13

67:2 68:12 69:4

69:22 74:9,22

76:11 78:11 82:8

84:12 88:2 92:15

94:12 97:8,9

98:24

year 19:8 34:3

36:15,16 37:5,21

51:1,17,23 52:16

53:5 56:23 57:11

57:17 58:17 68:20

68:20 79:11,13

88:5,5,8 96:8,13

96:21 97:1,7,8

99:15

years 22:10,17,21

25:11 26:5,10

28:8 29:15 30:5

34:2,5 35:8 36:22

37:10 38:7 39:3

40:12 41:13,16

42:23 44:3,20

51:6,7 53:4,6,7

54:11 58:3,20,23

76:9 77:9 81:1,1

83:3 89:3 100:20

Yep 45:23 79:3

Yesterday 7:17

York 35:22

Z

Zoom 1:13 60:18

0

1

1 99:2

10 29:15

10:00 1:13

11:40 79:2

12 86:15

12:14 103:14

12th 19:7

14 105:17

16 99:9,19

17 99:10

18 22:19 23:6 58:3

91:12 96:4,6,7

99:17

19 37:19 96:4

1995 21:5,5

1st 99:1

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 116 of 117 PAGEID #: 5685
Charles McFadden

Armstrong & Okey, Inc., Columbus, Ohio (614) 224-9481

Page 12

2

2-minute 88:12

2:18-CV-544 1:6

20 1:13 3:2 37:19

37:19 49:2 57:18

70:9 71:3,3 78:23

98:2 104:4

2000 30:10 58:2,7

96:7 100:14

2002 26:21,21 27:1

2005 28:16

2008 29:24

2010 28:16 56:21

56:22 59:22

2015 20:18

2016 99:1 100:14

2017 7:20 9:7,20

14:17,21,22 31:13

32:8,11,17,20,24

37:3,16 38:22

40:20 42:19 46:5

47:14,17 48:5

49:13 55:2,10,23

56:8,23 59:22

63:3,7,20 65:10

66:8,12 67:13

68:6,7 69:14 70:5

74:19 77:10 78:2

79:24 91:12,20

97:14 98:3,15,19

98:20 99:1,2,2,8

99:12,15,19

100:15,16 101:17

102:7

2018 49:3,11,14

51:5 52:16 57:8

57:14,18,24 77:16

83:5 96:3 97:1

99:22 100:3,6,16

102:3,7

2018-2019 58:12

2019 38:15 39:4

58:1 62:5,6,8

77:16 95:23 96:2

96:3,10,18 97:9

2020 41:9 42:24

58:7 62:7 68:19

72:7,18 83:21

2021 35:23

2022 1:13 3:2 35:23

50:23,24 88:5

104:4,12 105:13

2025 105:17

21 30:24

222 1:21

224-9481 1:22

23 22:10 25:11

250 2:3

26(A) 8:4

27th 105:13

28 99:1

3

3 78:21

30 22:6 78:23 99:2

31 21:5

4

4 90:17 91:1

40 22:3,6

43215 2:3,10

43215-5201 1:22

463-9790 2:4

480 2:3

5

5 29:15

5-minute 78:24

6

614 1:22 2:4,11,11

2:12

645-2586 2:11

645-7385 2:12

645-7461 2:11

67 28:20

7

77 2:10

8

8 56:21

9

99 26:21,23

Case: 2:18-cv-00544-EAS-KAJ Doc #: 90-1 Filed: 05/31/22 Page: 117 of 117 PAGEID #: 5686