Doolan Transcript

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JAMES P. CHASSE, JR.; JAMES P. )
CHASSE; LINDA GERBER; and MARK )
CHASSE, individually and in his )
capacity as Personal Representative )
of the ESTATE OF JAMES P: CHASSE,
JR.,
Plaintiffs,
)
)
)
COPY
v. )NO. CV-07-0189-HU
CHRISTOPHER HUMPHREYS; KYLE NICE; )
CITY OF PORTLAND; CITY OF PORTLAND )
JOHN DOE FIREFIGHTERS/PARAMEDICS; )
PORTLAND POLICE BUREAU and OTHER )
PORTLAND JOHN and JANE DOE )
OFFICIALS; BRET BURTON; MULTNOMAH )
COUNTY; MULTNOMAH COUNTY JOHN and )
JANE DOE DEPUTY SHERIFFS and MEDICAL)
PERSONNEL; MULTNOMAH COUNTY JOHN and)
JANE DOE SHERIFF'S OFFICE and OTHER )
OFFICIALS; TRI-COUNTY METROPOLITAN )
TRANSPORTATION DISTRICT OF OREGON; )
and AMERICAN MEDICAL RESPONSE )
NORTHWEST, INC . , )
Defendants . )
DEPOSITION OF
CONSTANCE A. DOOLAN
Taken in behalf of Defendants
August 22, 2008

1211 S.W. Fifth, Suite 1900
P
Shannon K. Krska, CSR
*~
Court Reporter
4 0 0 Calurnbio, Suite 1 4 0
Vancouver, WA 98660
Schrmtt&Lehmann,lnc. 121 SW Morrison St., Suite 850
Portland, OR 97204
C O U R T R E P O R T E R S
(360) 695-5554 15031 223-4040
Fax 1360) 695-1737 w.slreporting.com siin~@~westoifice.nei
Constance A. Doolan, 8/22/2008 Chasse v . Humphreys, et al.
APPEARANCES:
For the Plaintiffs: MR. THOMAS M. STEENSON
Attorney at Law
815 S.W. Second, Suite 500
Portland, OR 97204
For the Defendants MR. JAMES RICE

Humphreys, Nice, and Attorney at Law
City of Portland: 1221 S.W. Fourth, Suite 430
Portland, OR 97204
For the Defendants MS. SUSAN DUNAWAY
Burton and Multnomah Attorney at Law
County : 501 S.E. Hawthorne, Suite 502
Portland, OR 97214
For the Defendant MS. JEAN BACK

AMR : Attorney at Law
1211 S.W. Fifth, Suite 1900
Portland, OR 97204
Also Present: Kari Furnanz
INDEX
EXAMINATION BY : PAGE NO.
Mr. Rice 3 - 32
Ms. Dunaway 32 - 41
Ms. Back 41 - 48
Mr. Steenson 48 - 50
Mr. Rice 50 - 53
Ms. Dunaway 53 - 61
Ms. Back 61 - 63
EXHIBITS
No. 356 Diagram
Schmitt & Lehmann, Inc.

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Constance A. Doolan, 8/22/2008 Chasse v. Humphreys, et al.
3
PORTLAND, OREGON; FRIDAY, AUGUST 22, 2008

1:02 PM
* * *
CONSTANCE A. DOOLAN
called as a witness in behalf of the Defendants,
having first been sworn by the Reporter,
testifies as follows:
EXAMINATION
BY MR. RICE:
Q. Good afternoon, Miss Doolan. My name's
James Rice. I'm a deputy city attorney. We
introduced ourselves to each other a little while ago.
We're here to take your deposition this afternoon.
Have you ever had your deposition taken
before?
A. No.
Q. Have you had the opportunity to talk to any
lawyer about what a deposition is?
A. Only briefly to Tom.
Q. Okay. And did he tell you it's a question-
and-answer format?
A. Yes.
Q. And what we're going to do is also try and
help our court reporter here who has a very difficult
and even mysterious job getting all this down. So

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4
what I'm going to ask you to do is answer out loud

verbally instead of nodding your head just so she can
take that down. Do you understand that?
A. Yes.
Q. No. 2, I'll do my best not to talk over you
or speak at the same time, 'cause the court reporter
can only take done person down at a time. So I'd like
to - -
A. M-hm.
Q. -- finish my question before you answer it
and then 1'11 also try and give you the opportunity to
complete your answer before I begin the next question.
Okay?
A. Yes.
Q. Are you on any medication that would make it
difficult for you to do this today?
A. No.
Q. Did you get enough sleep last night so you
can answer our questions here?
A. Hopefully.
Q. Okay. If you want to take a break at some
time after any lawyer has asked you a question, if you
want to take a break, use the rest room, get a glass
of water, you can do that as well.
A. Great.

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Q. It's important that we get accurate answers
from you today because, for example, if you're called
as a witness at trial and you gave a different answer
than you gave to us here today, any lawyer would have
the right to point that out to the jury. Do you
understand that?
A. I do.
Q. Very good.
Would you tell us your complete name, for
the record, please.
A. Constance Aurelia Doolan.
Q. Would you spell Aurelia to help our court
reporter out?
A. A-U-R-E-L-I-A.
Q. And can you give us what your address is in
Oakland?
Q. And before coming in here today, did you

review any documents?
A. Idid.
Q. And what documents did you review?
A. The initial interview with Courtney.
Q. Okay. Detective Courtney?
A. Yes.
Q. Okay. Anything else?

(360) 695-5554 ** (503) 223-4040
Constance A. Doolan, 8/22/2008
A. No.
Q. Have you had any conferences with any
lawyers regarding the deposition here today?
A. I've spoken with Tom.
Q. Okay. And when did that take place?
A. This morning.
Q. Okay. And what did he tell you?
A. To answer questions truthfully and to make
sure I'm speaking with my own words.
Q. Okay. If I ask you a question that you
don't understand, doesn't make sense or there's a word
that's in there, would you tell me that and I will try
to correct the question?
A. Yes.
Q. Okay. Would you tell us what your
educational background is?
A. I have a bachelor's in music education from
the University of Oregon.
Q. Okay. And when did you attend the
University of Oregon?
A. Finished in 1979.
Q. Okay. And what's your place of birth?
A. Pasadena, California.
Q. Okay. How tall are you?
A. Five foot seven.

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Q. Okay. Can you generally give me a summary
of your employment history since you graduated from
the University of Oregon?
A. Yes. I taught in Eugene for ten years. I
worked full time as an actor for four years after
that. And now I'm entering my 16th year I believe of
teaching in the Bay Area.
Q. And what kind of school do you teach in?
A. A private school.
Q. Okay. And is there a subject matter that
you focus on?
A. Music.
Q. Okay. You're wearing glasses here today as
I am. Do you use corrective lenses to see things that
are far away, up close, or both?
A. Far away.
Q. Okay.
A. Not up close.
Q. Okay. Do you have any medical training?
A. No.
Q. Were you ever in the military - - excuse me,
I cut you off there.
A. Actually, the only - - I have CPR training
through my school, but nothing other than that.
Q. All right. Do you have any training in

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psychology or psychiatry?
A. No.
Q. Were you ever in the military?
A. NO.
Q. Do you have any law enforcement training?
A. No.
Q. Prior to coming here, have you had any
contact with any member of the Chasse family?
A. NO.
Q. Okay. You've indicated to me that you've
given a statement to Detective Courtney. Is that
right?
A. Yes.
Q. Have you given anyone else any statements?
A. Yes. The internal review, police department
internal review.
Q. All right. Anyone else?
A. I believe I was interviewed over the phone
by The Oregonian, I believe, early on.
Q. All right. Anyone else?
A. I don't think so.
Q. Okay. We're here to essentially discuss
what you observed at N.W. 13th and Everett Street
involving Mr. Chasse. Do you understand that?
A. Yes.
Schrnitt & Lehmann, Inc.

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'onstance A. Doolan, 8/22/2008 Chasse v. Humphreys, et al.
9
Q. Can you tell us how you came to be in that

general vicinity that day?
A. I had been to the theater and I was walking
around the Pearl District.
Q. And were you with any person or persons?

A. I was with Randall Stuart.
Q. Okay. And do you know where the two of you
were going when you came upon N.W. 13th and Everett
Street?
A. We were - - had been in a shop and we were
looking for a restaurant to have a bite to eat after
the theater.
Q. All right. And was there something that
caught your attention that made you think something
was going on involving Mr. Chasse?
A. I believe I heard sound first possibly,
although I don't remember specifically what it was.
Just something - - I heard some noise, I looked across
the street, I saw the men hit the pavement.
Q. Okay. And do you know which c o m e r you were
on at the time?
A. I was on the northeast corner and they were
on the southwest corner.
Q. All right. Was there anyone or person
between you and what you observed of the officers?
Schmitt & Lehrnann, Inc.

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1 A. I don't believe so.
2 Q. And when you first saw the officers and
3 Mr. Chasse, did you see any contact with them?
4 A. Yes. I believe there was some weight of one
5 of the officers, I'm not sure who, on - - on Mr. Chasse
6 as they hit the pavement.
7 Q. Okay.
8 A. It was a bit of a pile.
9 Q. Okay. Did you actually see Mr. Chasse land
10 on the ground?
11 A. I think so.
12 Q. Okay. And did you see what parts of his
13 body came into contact specifically with the ground?
14 A. I don't remember that.
15 Q. All right. And there was - - there was one
16 officer on - - that landed on Mr. Chasse, do I
17 understand that right?
18 A. I'm not sure if it was one or more than one.
19 Q. Okay.
2o A. I mostly remember the impression of them all
21 hitting the pavement and him having some weight on top
22 of him.
23 Q. Okay. Have you learned who the different
24 officers are in this case who have been sued?
25 A. yes.

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1 Q. And do you recognize their both names and
2 faces? Can you correlate those two?
3 A. I believe so, m-hm.
4 Q. Okay. Do you know -- have you been able to
5 recollect and figure out which officer it was that
6 landed most prominently on Mr. Chasse?
7 A. No.
8 Q. Okay. And when the - - how many officers
9 were involved with Mr. Chasse at that time?
10 A. Three.
11 Q. And can you distinguish, in any way, the
12 colors of their uniforms?
13 A. Yes.
14 Q. Okay. Can you tell us about that?
15 A. Two were police officers I believe they were
16 in blue and one was in green.
17 Q. Okay. And once all three of them - - all
18 three officers went to the ground with Mr. Chasse
19 approximately the same time; is that right?
20 A. I think so.
21 Q. Okay. And can you tell me what happened
22 with - - between the officers and Mr. Chasse at that
23 time?
24 A. They were yelling at him to lie face down.
25 He was resisting, he was twisting around. He said no,

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I don't want to.
Q. Okay. And as they're doing that, where are
the officers in relationship to Mr. Chasselsbody? Do
you know that?
A. I would say they were - - I think one was
more or less behind him on each side surrounding him.
Q. So one would be in - - behind him or near his
leg area; is that right?
A. Yeah, I'm not sure I can remember exactly
enough on that.
Q. Okay, all right. Mr. Chasse is resisting.
What are the officers doing to Mr. Chasse besides
telling him to lie down face down?
A. They're manipulating him physically, they're
twisting his arms, they're trying to get his arms
behind his back.
Q. Okay. And were they having difficulty doing
that?
A. Yes.
Q. How long did that go on before they actually
got his arms behind his back, if you have an estimate?
A. It seemed like a long time.
Q. Okay.
A. So some minutes.
Q. All right. Did you see any of the officers

( 3 6 0 ) 695-5554 ** ( 5 0 3 ) 223-4040
strike Mr. Chasse?

A. I did.
Q. Okay. Can you identify, by name, the
officers that did that?
A. It was either Officer Nice or Officer
Humphreys.
Q. Okay. Can you identify whether that person
was closest to you on the corner you were standing on
or on the other side of the body?
A. I think closest to me, but I'm not positive.
Q. All right. And when you saw that person
strike Mr. Chasse, can you describe how the strike was
made?
A. Two or three kicks to the mid body, the back
or mid body rib cage area.
Q. And you're indicating to me with your hand
somewhere between your armpit and waist area?
A. The top of the hip, yeah. And then a slap
up side the head.
Q. And you're indicating an open-handed slap?
A. Yes.
Q. And did Mr. Chasse react in any way to that?
A. H-m-m. Well, what happened at the same time
is the Taser was being used.
Q. Okay.

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1 A. So within a very short period of time he - -
2 he stopped moving, stopped talking, and wasn't
3 conscious.
4 Q. Okay. We'll get to that in just - - in a
5 minute.
6 A. M-hm.
7 Q. There's also an officer, one other officer,
8 that was at the scene on the other side of Mr. Chasse.
9 Did that officer strike or kick Mr. Chasse that you
10 observed?
11 A. Not that I observed.
12 Q. All right. And then there was another
13 officer who was in the green uniform?
14 A. I believe he's the one who used the Taser.
15 Q. All right. Before this incident, were you
16 familiar with Tasers?
17 A. NO.
18 Q. Have you studied up on Tasers or done any
19 research on Tasers since then?
20 A. No.
21 Q. So how did you even know it was a Taser?
22 A. Well, I've heard the term.
23 Q. Okay.
24 A. I've heard the term. I heard the clicks.
25 There was conversation going on around me as it was

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happening.
Q. All right. And was the conversation --
A. I had heard of them, but I didn't - - I

haven't studied them.
Q. Sure.
A. Yeah.
Q. And is the conversation you're talking about
police officers or is it other individuals like
yourself who just happened to be there?
A. Other witnesses.
Q. All right. And what did the other witnesses
say?
A. I don't remember specifically. I just know
the word Taser was mentioned.
Q. All right.
A. And we - - I saw it and I heard the clicks.
Q. All right. And are you still standing on
that northeast corner?
A. No.
Q. Okay. Where are you at that time?
A. During the initial struggle we crossed the
street to the southeast corner.
Q. Okay.
A. Very soon - - within the first minute or two
I think we crossed the street.

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Q. And - -
A. So we were closer than initially when we
watched that part.
Q. All right. And we is you and Mr. Stuart?
A. Yes.
Q. Okay. And were you standing on that corner
then observing what was happening?
A. During the whole event we were somewhere
between the corner and going up the stairs to the
restaurant.
Q. All right.
A. I had a package with me so we were - - we
moved around a bit while we were watching it because
we were there for some time for the whole event.
Q. All right. When the Taser was going off, do
you actually recall whether you were on the ground
floor or on the step area?
A. I don't. I remember I could see it clearly.
Q. All right. And do you recall, were you like
near the bottom of the step, up near the restaurant at
the top, or somewhere in between?
A. I would say somewhere in between.
Q. And where's Mr. Stuart in relationship to
you, if you recall?
A. Near me.

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1 Q. Okay. Is he adjacent to you on the steps?
2 A. Yeah. Again, I'm not sure if we were on the
3 steps. Part of the time we were on the sidewalk, part
4 of the time we were on the steps.
5 Q. All right.
6 A. I don't remember exactly when we moved
7 where.
8 Q. All right. So there was the clicking noise
9 that you heard - -
10 A. M-hm.
11 Q. - - that you assumed was the Taser. Did
12 Mr. Chasse react to that in any way?
13 A. He became subdued and then stopped talking
14 and stopped moving.
15 Q. Okay. Prior to that, was there any
16 conversation among the officers themselves? Were they
17 saying anything to each other as opposed to
18 Mr. Chasse?
19 A. Yes.
20 Q. What did you hear?
21 A. I - - I did hear something about a bite.
22 Q. Did you see any biting going on?
23 A. I did not see biting. I saw one of the
24 officers withdraw his hand and check his hand.
25 Q. All right. And was that the - - this is one

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of the police officers?

A. Yes.
Q. And was that the officer who was closest to
Blue Hour or the one on the other side of Mr. Chasse?
A. I believe it was Officer - - it was the same
officer, excuse me, who kicked and slapped him.
Q. Okay. And do you know that officer's name?
A. I think it was Nice, but it could have been
Humphreys.
Q. Okay. Did you hear any other discussion
among the officers?
A. I wasn't close enough to hear whole
conversation. I just sometimes hear - - heard a word
or two.
Q. Do you recall what those words were?
A. That's the only one I'm remembering right
now is the bite.
Q. Was Mr. Chasse saying anything during that
time?
A. He was unconscious.
Q. Okay. Just prior --
A. Just prior to that? Yes. He was crying for

help. I mean, during the whole tackle/struggle until
24 the Taser took effect he was - - I think I already said
25 he said no, no, I don't want to. He didn't want to

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lay down on his stomach, he was crying for help, he
was screaming. I believe at one point he might have
said fuck you. He was quite verbal.
Q. All right. And you could understand what he
was saying?
A. At - - at times, yes.
Q. All right. And when he was screaming, it
can mean a lot of things that may be actually hard to
put into words. Is there any way you can describe the
screaming?
A. It was pitiful.
Q. Okay.
A. He was clearly frightened.
Q. Okay. And then Mr. Chasse, after the Taser,
became still; is that right?
A. Yes.
Q. And what position was his body in when he
became still?
A. I think he was turned away from me.
20 Q. Okay. So you were looking at his back area?
21 A. Yeah.
22 Q. And is he on his side or on his stomach at
23 that time?
24 A. I think he was on his side or - - or possibly
25 between the two.

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20
Q. Angled somewhere in there?

A. M-hm.
Q. Okay. And as you - - are you assuming that
he became unconscious at that point because he stopped
moving?
A. Yes.
Q. And would I also be correct in saying you
couldn't see his face or his eyes?
A. I don't remember seeing his face and his
eyes at that point.
Q. And when he became still, what did the
police officers do?
A. The paramedics arrived shortly after.
Q. Okay. Just stop you for a second.
A. M-hm.
Q. Was he handcuffed prior to this?
A. I think it was - - I believe that he was
handcuffed right as he stopped struggling.
Q. Okay. And then you indicated the paramedics
arrived?
A. M-hm.
Q. Did you observe anyone calling the
paramedics or hear anyone saying anything about that?
A. No, I don1t remember that.
Q. Okay. From the time that he became still

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and the paramedics arriving, do you have an estimate
of how much time that was?
A. It seemed to be four or five minutes - - oh,
no, I'm sorry. It seemed to me that he was
unconscious for four or five minutes, so it was less
time than that before the paramedics arrived. Because
he was unconscious when they arrived.
Q. Okay.
A. So a couple minutes, maybe one or two.
Q. And as h e u s lying there still, what are the
police officers doing, if anything?
A. I think standing around talking.
Q. Okay. Could you hear what they were saying?
A. No.
Q. When the ambulance people arrived, was there
one ambulance or two ambulances, do you recall?
A. I think there was an ambulance and a fire
truck.
Q. All right. And do you recall which one of
those came first?
A. I donut.
Q. Okay. And when the ambulance and/or fire
vehicle came, did you observe people coming out to
look at Mr. Chasse?
A. Yes.

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22
Q. Was there anything you can tell me about who
those people were or describing them?
A. There's -- the person I remember most is a
woman who came up to Mr. Chasse and was - - they seemed
to be waiting until he woke up.
Q. Okay. So when the fire people - - or excuse
me, the fire/ambulance people arrived, did they do

anything before they were waiting for him to wake up,
as you said?
A. I don't believe they did.
Q. All right. And - - well, how long do you
think they were there before Mr. Chasse stirred?
A. A few minutes.
Q. Okay. And when that happened? What did the
ambulance people do?
A. There was a white cylinder used for some
sort of test, I don't know what it was. There was
also something wrapped around his arm.
Q. Did you recognize what the white cylinder
was?
A. No.
Q. Did you recognize what was wrapped around
his arm?
A. Possibly blood pressure.
Q. Okay. And when that was being done, was

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that being administered by any particular medical

person?
A. The main person I remember is the woman,
so - -
Q. And when she was doing whatever she was
doing to him, is she standing or sitting on the ground
or kneeling or is there a chair?
A. There's no chair.
Q. Okay.
A. I actually believe there was a - - it may
have been a man who did those tests. I'm just trying
to remember. And I - - I mostly remember them mostly
standing, not - - not actually sitting. They may have
knelt over, but - -
Q. All right. Those tests were performed on
Mr. Chasse. Was there any conversation among the
police officers, the medical care providers that you
heard?
A. Not that I heard. They were talking, but I
didn't hear whole conversations.
Q. All right. Once those tests had been
performed and the -- are the officers still in the
general vicinity?
A. Yes.
Q. And there are these medical people, either

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24
fire bureau or ambulance people that are there?

A. M-hm.
Q. What happened after that, once they're all
there together?
A. Well, after those tests he was - - his feet
were bound, he was carried up the street sideways.
Q. Okay. Anything else?
A. They cleaned up what looked like blood on
the - - on the street.
Q. Okay. Did you observe any blood on the
street or did you just see them cleaning things up?
A. I saw them cleaning things up.
Q. During the time that the tests were being
given to Mr. Chasse, did he remain on his side the way
you described it earlier?
A. I'm thinking he was on his back.
Q. Okay.
A. I'm not positive about that.
Q. While he was being tended to or whatever the
medical people were doing, was he saying anything?
A. He was unconscious for four or five minutes.
Once he woke up, he was verbal again, a little bit
less - - he was subdued at that point. He did say - -
at one point the woman who was the paramedic walked
away and he called for her to come back, he said

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25
please don't go or something like that.

Q. All right. Did you hear him say anything
else?
A. Not that I'm remembering.
Q. And at some point he was carried from the
scene?
A. Yes.
Q. Do you know how many people carried him from
the scene or who - - who they were?
A. I think it was two men, but I'm not sure
who.
Q. All right.
A. That's my best guess.
Q. When they carried him away, could you see
where they were carrying him or did you lose sight of
them?
A. I lost sight of them, but they were going
west on Everett.
Q. All right. When that happened, what did the
ambulance people do?
A. Cleaned up the street, dispersed.
Q. Okay. So you stayed there and watched them?
For example, the - -
A. I did.
Q. The ambulance left. Did you see them leave?

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26
A. I don't remember that.
Q. Okay. Did you see the - - how many police
cars were there, do you recall?
A. I think three.
Q. Okay. Did you see them leave as well?
A. I probably did. I - - I think I did.
Q. Okay. During that period of time, did any
police officer say anything to you?
A. Yes.
Q. And do you know who that person was?
A. Idon't.
Q. Okay. And where were you when the police
officer said something to you or in your vicinity?
A. I was on the sidewalk.
Q. Okay. And what did the police officer say?
A. He was sitting in his car and he asked me if
I wanted to know what was going on.
Q. Okay. And did you answer him back?
A. I did. I said yes.
Q. Okay. And what - - what came back in terms
of the conversation?
A. He said this man has 14 former convictions
for crack cocaine and we found him with a vial of
crack.
Q. All right. Did he say anything beyond that?

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27

Q. Did you say anything back to him in response
to that?
A. Idid.
Q. Okay. And what was that?
A. I said so what, that was over the top.
Q. Okay. And when you said that, did he
respond to that?
A. I don1t remember.
Q. Okay. Was there any further conversation
that took place there or is that the end of it?
A. I think that was pretty much the end. He
might have made one more statement, but it didn't go
on. That was - - that was mostly it.
Q. Okay. And when you said that was over the
top, what did you mean by that?
A. I meant that I thought it was excessive,
what I had seen was excessive.
Q. All right. And by excessive, you mean
excessive force?
A. Yes.
Q. Okay. Did you mean anything beyond that?
A. Just that the - - that Mr. Chasse seemed
frightened and not dangerous.
Q. M-hm.

(360) 695-5554 ** (503) 223-4040
A. And - - yeah, that's it

Q. Okay. Did you have any contact with any of
the - I'll divide this into two categories - the fire
bureau people that were there?
A. No.
Q. Did you have any contact with the AMR
medical people who were there?
A. No. Only the one officer.
Q. Okay. When you were saying this, he was
sitting in his car; is that right?
A. M-hm.
Q. Would that car have been close to the step
area, where the steps were?
A. It was towards the corner from the step area
I think.
Q. Okay.
A. Yeah, close to it, but - -
Q. You're kind of angling with your hand is how
I'm perceiving that.
A. Well, the - - close to the step area. The
21 steps - - the steps aren't right at the corner.
22 There's a little - - a little bit of sidewalk between
23 the steps and the corner and it was parked against the
24 sidewalk there.
25 Q. Okay.

(360) 695-5554 "* (503) 223-4040
29
A. At that point I was down on the sidewalk,

not on the steps, when he spoke to me.
Q. All right. From the time Mr. Chasse went on
his side until the time he left, did you ever see his
face?
A. Oh, I think I did.
Q. Okay. Could you tell me what you saw when
you looked at his face?
A. Mostly I remember that once the - - that
he -- I mostly remember that he was very pale, that he
looked unwell.
Q. Had you ever met him before?
A. No.
Q. Okay. Did you notice his clothing?
A. I noticed that he looked a little
disheveled.
Q. All right. Anything - - anything else about
his face other than being pale that you recognized?
A. No. Just generally he's thin in body and
face and that he was pale.
Q. Okay. When he was on the ground with his
back toward you, could you see his hands were cuffed?
A. I think so. I think at some point I saw
them cuffed.
Q. Okay. Did you notice anything about his

( 3 6 0 ) 695-5554 ** (503) 223-4040
30
1 hands?
A. No.
Q. Following this incident, did you stay in the
Portland area or did you travel back to California?
A. Well, I eventually traveled back to
California, yeah.
Q. How long were you in the Portland area
before you headed back?
A. Let's see. What day of the week was that?
Q. It was on a Sunday.
A. Sunday. I believe I went home the next day.
Q. Okay. Did you - -
A. I think.
Q. Have you followed what happened to
Mr. Chasse in the newspapers?
A. A bit.
Q. Okay. Do you do that on line or do you get
The Oregonian or some other local paper?
A. No, I don1t get The Oregonian, but I - - I
think I may have checked on line. I was - - I think I
did check on line a few times.
Q. Okay. What I've tried to do is sort of go
through this thing chronologically in a step-by-step
manner. I've tried not to cut you off as you're
giving me answers.
Schmitt & Lehmann, I n c .

(360) 695-5554 ** (503) 223-4040
31
A. M-hm.
Q. Is there anything about what you observed
that day or heard that day that I've not covered in
the sense of something that happened?
A. Yes.
Q. And what's that?
A. That is one of the paramedics or medical
people, fire people, made fun of Jamesr cries as he
was going up the - - being carried up the street.
Q. So Mr. Chasse was being carried by the two
or more officers; is that right?
A. M-hm.
Q. And this person is making fun of him?
A. Yes.
Q. And how is that done?
A. Imitating his voice.
Q. Okay. In the sense trying to copy what the
noise that Mr. Chasse's making?
A. Uh-huh.
20 Q. Okay. Anything else that we've not covered
21 here that you observed or heard that day?
22 A. I think those are the main points.
23 Q. Okay. Thank you.
24 A. You're welcome.
25 Q. Some of the other lawyers may wish to ask

(360) 6 9 5 - 5 5 5 4 ** (503) 223-4040
32
you questions.
EXAMINATION
BY MS. DUNAWAY:
Q. Miss Doolan, my name is Susan Dunaway. I
represent Multnomah County and the green - - and the
green uniform. That would be Deputy Burton.
A. M-hm.
Q. Prior to this particular incident, had you
ever seen anybody arrested before?
A. I probably have, but not - - I've never stood
and watched a whole incident like this. This was a
new experience for me.
Q. Can you remember any of those incidents
prior to this one where you did see somebody arrested?
A. I live in a neighborhood where there's a lot
of drug use and prostitution, and so I've been out in
front of my house when officers have been searching a
car and checking suspects and then release them. You
know, I've seen - - I've seen people stopped. But I've
never watched an entire arrest and watched in detail.
Q. So you've never seen anybody actually taken
in to custody?
A. I probably have, I just -- I don't know that
I can recall a specific incident right now.
Q. Okay. Have you or - - have you ever had any

(360) 695-5554 ** (503) 223-4040
33
contacts with the police?

A. Yes.
Q. And what were those circumstances?
A. I go to neighborhood watch meetings and
monthly meetings for my - - the beat in the area of
Oakland where I live. Police officers come to those
meetings and we discuss our neighborhood problems.
When I first moved into my house I woke up at five in
the morning with a head coming in my window and I
called the police and somebody came to speak to me.
I've had - - you know, I've had occasion to call police
for help in my neighborhood.
Q. And have any of those contacts been
unpleasant?
A. No. They've all been great.
Q. Okay. I believe you mentioned that you were
contacted by a Portland Police officer in regard to an
interview. Is that correct?
A. The internal review, yes.
Q. Okay. Was that - - when did that interview
occur?
A. I think I'd have to look on my calendar.
It's been months ago. Maybe six months ago, something
like that. Two officers interviewed me at my home.
Q. And were you contacted by the homicide

(360) 695-5554 ** (503) 223-4040
34
detectives?
A. I'm not sure.
Q. Okay. How many interviews did you give to
Portland Police?
A. There was the initial one over the phone. I
was also interviewed for the grand jury investigation
over the phone because I was too sick to fly to
Portland for that, that was late September or October.
And then this - - the internal review which happened in
my home.
Q. And was that over the telephone?
A. No. That happened in my home.
Q. It happened in your home?
A. They came to Oakland.
Q. They came to your home?
A. Yeah, sorry, I wasn't clear.
Q. All right. And then you were interviewed by
The Oregonian; is that correct?
A. I think so, in the - - I think early on I
was.
Q. Okay. Well, other than Portland Police and
The Oregonian, have you spoken about the facts of this
case with anybody else?
A. I've spoken to Tom, I've spoken to Randall.
Some of my close friends know that I - - about it,

(360) 695-5554 ** (503) 223-4040
35
people who don't live here.

Q. And that would be Randall Stuart?
A. Uh-huh.
Q. And when have you spoken to Mr. Steenson?
A. This morning and a couple times on the phone
over the course of the last, you know, year and a
half.
Q. So over the last year and a half you've been
speaking with Mr. Steenson?
A. A couple times. I think it was - - I
spoke -- actually the conversation I remember is
before I was interviewed by the internal review.
Q. And how was it that you happened to have a
conversation with Mr. Steenson before the internal
affairs interview?
A. You know, I don't remember how that came
about actually.
Q. Had you spoken to Mr. Steenson before that
time then, before the internal - - you said you spoke
to him before the internal affairs interview. Had you
spoken with him - -
A. Previous to that time?
Q. - - previous to that time?
A. I think so. You know, I'm - - I'm sorry, I

don't have a very clear memory of exactly when those

(360) 695-5554 ** (503) 223-4040
36
conversations happened.
Q. Do you know whether or not you contacted
Mr. Steenson or Mr. Steenson contacted you?
A. I dontt remember.
Q. You were standing at the northeast corner,
correct, of 13th and Everett when you first saw
Mr. Chasse - -
A. Yes.
Q. - - is that correct?
And at some point you crossed over to the

southeast corner; is that correct?
A. Yes.
Q. Why did you cross over?
A. To see what was happening and we - - we were
walking that direction actually anyway. We were
waiting - - we were waiting for the light and we were
walking in that direction. So we would have gone that
way whether we had seen what we'd seen or not, but we
crossed and then stopped to watch what was happening.
Q. Okay. Because you were curious about what
was happening? Why did you want to get closer to what
was happening?
A. Let me correct what I said. We were walking
in that direction so we waited - - we saw the event
start, the light changed and we crossed the street,

(360) 695-5554 ** (503) 223-4040
37
and then we stopped to watch.

Q. Okay. So you waited for the light to
change?
A. M-hm.
Q. Was there any traffic moving on Everett
while you were waiting?
A. I think there - - I think there probably was.
We didn't - - we didn't wait there very long
before we crossed the street.
Q. Okay. When Mr. Rice was asking you
questions you said that you actually saw the Taser.
Is that correct?
A. 1 don't remember what the Taser looks like,
but I - - I do remember, you know, a hand holding

something against his body and hearing the clicks.
Q. And you assumed it was the Taser?
A. Yes.
Q. Do you recall what or were you able to see
what part of Mr. Chassels body was - - the Taser was
applied to?
A. I think it was his mid body, but I'm not
sure.
Q. Mid body front or back?
A. H-m-m. I don't remember.
Q. At any point during the struggle that you

(360) 695-5554 ** (503) 223-4040
38
were watching between Mr. Chasse and the police
officers, did - - prior to the time when you perceived
Mr. Chasse go - - stop struggling - -
A. M-hm.
Q. -- okay, during that period of time that you
described as - - I think you said that this went on for
minutes. Is that correct, that the struggle went on
for minutes?
A. Yes.
Q. During that struggle, did - - were you able
to tell whether or not, at any time, Mr. Chasse ever
complied with any of the directives that were being
given to him by the officers?
A. I would say no. He was struggling. He was
not --
Q. He continued to struggle until, if I'm

recalling what you said, until shortly after the Taser
was used?
A. Yes.
Q. When Mr. Rice was asking you questions about
21 the paramedics showing up you mentioned something
22 about a cuff and you touched your arm, you mentioned
23 something about a cylinder and it seemed like you
24 touched your hand.
25 A. Yeah.

(360) 695-5554 * * (503) 223-4040
39
Q. Okay. What was it - - I'm trying to figure

out what it was that you saw because you touched your
hand.
A. Yeah. I seem to remember a cylinder, a
white cylinder, that maybe went over a finger.
Q. Do you recall who - - who it was that was
using the white cylinder?
A. I don't.
Q. And then when - - when you were watching
Mr. Chasse going up Everett, were you able to tell
what, if any, restraints had been applied to him?
A. Well, his hands were bound, cuffed behind
his back. His feet were also bound. I think that's
all I remember, yeah.
Q. Can you describe how his feet were bound?
A. No. Just I remember that they were - - you
know, they were together, though. They weren't - -
they wouldn't separate - - they wouldn't separate so
they were somehow bound together. I don't remember
them actually doing it.
Q. You didn't see the - - the feet being bound?
A. I don't remember it.
Q. Okay.
A. No. I just - - I remember noticing that they
were, though, at some point.

(360) 695-5554 ** (503) 223-4040
40
Q. And were the - - you were making a motion

like this and I'm trying to figure out, you're
saying - - are you saying that the feet and the - - and
the hands were bound together?
A. No.
Q. They were not?
I guess I talk with my hands, don't I?
MR. RICE: Acting classes.
MS. DUNAWAY: M-hm.
THE WITNESS: I teach small children, too,
so - -
MR. RICE: Yeah.
Q. (By Ms. Dunaway) What grade do you teach?
A. Primarily kindergarten. First and second
grade right now, but I've taught kindergarten through
eighth grade. I've taught high school students and
adults as well.
Q. And you said that you went to the U of 0.
Did you grow up in Oregon then?

A. I did not.
Q. Okay. Where did you grow up?
A. In Arcadia, California.
Q. And did you go to grammar school and high
school then in California?

(360) 695-5554 ** (503) 223-4040
41
A. I did, yeah.
Q. And approximately how often do you come to
Portland?
A. H-m-m. Once a year. I think last year I
came two times.
Q. And is that related to the theater?
A. It's more related to friends, friendships I
have here.
Q. I think that's all I have. Thank you very
much.
EXAMINATION
BY MS. BACK:
Q. Hi. I'm next. I'm Jean Back and I
represent the female paramedic that you saw there and
AMR, the company that she works for.
So I just have some questions related to
what you saw when she arrived. And the first thing I
want to ask you was: Did she - - had all of the
activity with the police officers ended by the time
she arrived?
MR. STEENSON: Objection, vague.
Q. (By Ms. Back) Had he - - in other words, the
23 struggle that you saw, had that ended by the time she
24 arrived?
25 A. Yes.

(360) 695-5554 ** ( 5 0 3 ) 2 2 3 - 4 0 4 0
42
Q. And your testimony was that he was lying - -

lying on the ground and you believe that he was
unconscious?
A. M-hm.
Q. And why do you believe that he was
unconscious at that time?
A. Because he stopped talking and moving.
Q. And was his back to you or his front to you?
A. I know at one point his back was. I think
maybe mostly his back. I'm not sure.
Q. And were - - were you able to see whether he
was breathing?
A. I believe he was breathing, that I could see
that.
Q. And what makes you - - what makes you say
that?
A. Actually what I'm remembering is what I
previously said in an interview about that. I don't
actually remember it at the present time.
Q. Okay. And you don't know what led you to
believe previously that you thought that he was
breathing?
A. Yeah, I don't remember.
Q. Okay. And you gave that interview a short
time after - -

(360) 695-5554 ** (503) 223-4040
43
A. I did.
Q. - - this event?
A. M-hm.
Q. Do you think that your memory was a little
more fresh at that time?
A. Yes.
Q. So your recollection that he was breathing
at that time would be more accurate than --
A. Yes.
Q. - - a recollection - -
Okay. How - - do you remember how many
people from the ambulance company were there?
A. I wouldn't have a specific number. I
could - - I know I could guess.
Q. Okay. I don't want you to guess. Do you
remember the -- what the uniform looked like that the
female paramedic wore that you saw?
A. A dark color. Probably blue, but I'm not
certain of color.
Q. And at the end when you said that there was
a medical person that had mocked Mr. Chasse, do you
remember what that person looked like?
A. I remember him being a fairly young man with
longish hair.
Q. Do you remember what color uniform he had?

( 3 6 0 ) 695-5554 ** (503) 223-4040
44
A. I think it was - - might have been green.
Q. Did he - - do you know whether he came with
the fire truck or the ambulance?
A. I don't remember.
Q. And how far away were you at the time that
the paramedic - - how far were you in maybe an estimate
of feet from where they were when the paramedic was
working with Mr. Chasse?
A. I was in that same location across the
street on the opposite sidewalk or up a couple steps.
I was in that same - - so - - I don't know how wide that
street is, but - -

13 Q. Okay. Were you close enough to hear the
14 paramedic talking t o Mr. Chasse?
15 A. Not to distinguish specific words, no.
16 Q. Did you see her talking to Mr. Chasse?
17 A. Yes.
I did hear him ask her -- call to her to
come back. But yes, she did talk to him.
Q. When you testified about that specific
statement, you indicated that he said, see if I can
find that in my notes here, that she - - please don't
go or something like that, those were the words that
you used.
A. Oh, m-hm.

(360) 695-5554 * * (503) 223-4040
45
Q. Do you remember specifically that he said

please don't go or could it have been something else?
A. I think it was please don't go or don't go.
It - - whatever the specific words were, he was asking
her not to leave. That part is clear.
Q. Was she carrying anything at the time that
he said that?
A. I dontt remember.
Q. Do you remember seeing a black - - any sort
of a kit that she had with her that she was using to
treat Mr. Chasse?
A. Yeah, I don't remember.
Q. And do you remember whether he had any
possessions with him?
A. I remember that there was a backpack. Itm
not sure if I remember seeing it or just hearing that
he had a backpack.
Q. Where do you think you would have heard
that?
A. I'm not sure.
Q. Do you remember when the paramedics first
arrived, can you tell me what you remember the female
paramedic doing when they - - when she first arrived?
A. Standing talking to the officers.
Q. So she had a conversation with one of the

(360) 695-5554 ** (503) 223-4040
46
officers or more?
A. They were standing more or less in a circle
around him, a number of people were talking.
Q. How about, do you remember from the time
that she got out of the ambulance or did you observe
that?
A. You mean who she spoke to?
Q. Right. Whether - -
I mean, I would like, if you could remember
or if you saw, when the ambulance arrived, what
happened?
A. I think they, you know, fairly quickly came
over to where he was standing, but there wasn't - -
nothing happened until he woke up.
Q. Do you remember - -
A. They didn't touch him or check him or
anything till he woke up.
Q. Do you remember her having any conversations
with any officers before she got to where he was?
A. I don't remember that part that clearly.
Q. And do you remember seeing any conversations
with officers after she left his - - after she left
where he was laying?
A. I remember she walked away at one point
when - - when James spoke up, but I don't remember

(360) 695-5554 ** (503) 223-4040
47
where she was going or exactly what was happening.

Q. Other than the cuff on his arm and the cuff
on his finger or the cylinder - -
A. M-hm.
Q. -- do you remember any - - seeing any other
tests that were performed?
A. Nothing.
Q. Do you remember, from looking at Mr. Chasse,
whether you saw any, obvious to you, signs of injury
just looking at him not from the struggle?
A. The -- he was pale. He looked ill. And I
think I might have seen, you know, some color here,
you know, that he may have been bleeding from his
mouth.
Q. Okay. Do you remember seeing whether - -
where that was coming from, from inside his mouth or
from his lips?
A. No, don't know. I was too far away to tell
that.
Q. Have you ever had any experience, any other
than this experience, with any emergency medical
services?
A. I don't think so, not personally. Not that
I remember.
Q. Have you ever had to call emergency medical

(360) 695-5554 ** (503) 223-4040
48
services for a family member?

A. I don't - - I don't remember doing that,
hm-m.
Q. Do you remember whether the paramedics there
were wearing anything on their hands at all?
A. I don't remember, hm-m.
Q. Other than Mr. Chasse, other than your
memory of Mr. Chasse saying don't go, don't go, do you
remember any other specific words that Mr. Chasse
said?
A. During the whole event or - -
Q. Why don't we just during the time that the
paramedics were there.
A. During the time the paramedics were there,
no, that's the only thing.
Q. And before the paramedics got there, what - -
what were the words that you remember him using?
A. Just things I've already spoken to you
today.
Q. I don't think I have any further questions.
I may come back if - -
MS. FURNANZ: I don't have any questions.
EXAMINATION
BY MS. STEENSON:
Q. A couple of questions.

(360) 695-5554 ** (503) 223-4040
Constance A. Doolan, 8 / 2 2 / 2 0 0 8 Chasse v. Humphreys, et al.
49
In your homicide interview when you're

describing what's happening after Mr. Chasse's on the
ground you say he was screaming, he was screaming and
crying for help, I would say in a kind of pitiful way.
When that was happening, do you know whether he was in
pain?
MR. RICE: Objection, speculative.
MS. BACK: I'm going to join that objection.
Q. (By Mr. Steenson) I don't want you to
speculate. Do you know, one way or the other, whether
he was in pain at that time?
A. I don't know.
Q. Okay. And the light that you crossed at,
was that a - - do you recall whether it was a yellow
flashing kind of light or a red or green light or what
kind of light it was?
A. I don1t remember.
Q. Okay.
A. Yeah.
Q. In your internal affairs division interview,
you told the detectives that when Mr. Chasse was
carried to the patrol car he was carried like a dead
deer. Why did you use that description?
A. Because he was carried horizontally and it
seemed - - it seemed an inappropriate way to carry a

(360) 695-5554 ** (503) 223-4040
50
human who was probably injured and - - as a result of

the struggle that had just happened.
Q. Okay. That's all I have. Thank you.
FURTHER EXAMINATION
BY MR. RICE:
Q. I have a couple of follow-up questions,
Miss Doolan.
A. Okay.
Q. When Miss Dunaway was asking you some
questions, I believe the discussion was that the
internal affairs investigators from the Portland
Police Bureau came down to see you. And did they make
an appointment to do that?
A. Oh, yeah
Q. Okay. And when they came to see you you
called Mr. Steenson; is that right?
A. You know, I - - I can't remember the - - I
have to think about the sequence of events.
I just remember that I did speak to him
about how to conduct myself in an interview and how to
answer questions and be truthful, make sure that the
language that is used is my language and not given to
me by some - - someone else's description, to make sure
that what I'm describing is accurate in the way I saw
it.

( 3 6 0 ) 695-5554 ** (503) 223-4040
51
1 Q. Okay. So is the advice he's given you to be
2 truthful --
3 A. Yeah.
4 Q. -- is that what it is?
5 A. Yeah.
6 Q. And to use your own words?
7 A. Yeah.
8 Q. Anything else?
9 A. I don't think so. I think that was mostly
10 it.
11 Q. And did that take place before the interview
12 began?
13 A. Yeah.
14 Q. Okay. Did you talk to Mr. Steenson at all
15 about that interview at any other time?
16 A. We talked about it briefly afterwards.
17 Q. Okay. And what was the - - did you call him
18 or did he call you?
19 A. I believe afterwards I think I called.
20 Q. And what was the purpose of calling him?
21 A. I was - - I think I just was debriefing over
22 the experience of - - it was a long - - it was a three-
23 hour interview. And I was disappointed that I wasn't
24 able to recognize the pictures of the officers.
25 Q. Okay. So you called him back and

(360) 695-5554 * * (503) 223-4040
52
essentially went over what the interview consisted of?

A. I don't think in detail, hm-m.
Q. Okay. Have you talked to any other lawyers
in the case about the internal affairs investigation
interview?
A. No.
Q. Are you a deer hunter?
A. No.
Q. Do you go along with people who hunt deer?
A. I think I went hunting with my father when I
was a child.
Q. Okay. Was he a deer hunter?
A. I'm not sure that he hunted deer.
Q. Okay.
A. Probably seen a picture somewhere.
Q. Okay. And do I understand you feel that the
way Mr. Chasse was carried was inappropriate?
A. He - - I was - - I was expecting that he was
injured based on the struggle that I saw. I was

surprised that he wasn't checked for injuries.
Q. M-hm.
A. And then because his arms and legs are bound
and h e r s carried sideways, that doesn't seem like an
appropriate way to carry somebody who's injured.
Q. Okay. Do you have any training or

(360) 695-5554 ** (503) 223-4040
53
experience or have you done any studying on how people

are carried when they're handcuffed?
A. No.
Q. Okay. That's all the questions I have.
Thank you.
FURTHER EXAMINATION
BY MS. DUNAWAY:
Q. I believe you stated that you were surprised
about the way he was carried because he was probably
injured. Is that - - is that a correct statement of
your testimony?
A. I -- I was surprised he wasn't checked for
injuries. I assumed he was injured. And yes, the - -
and the way he was carried seemed inappropriate
because of that.
Q. Okay. What made you assume that he was
injured, specifically?
A. Because they hit the pavement hard, because
his arms were twisted behind him, because he was
slapped, because he was kicked.
Q. Okay. So it was hitting the pavement, arms
twisted behind him?
A. M-hm.
Q. Was that during the handcuffing?
A. That was in the struggle to get him

(360) 695-5554 ** (503) 223-4040
54
handcuffed.
Q. And then -- and then what else?
A. The kicks and the slap.
Q. And were you able to actually see any
injuries - -
A. NO.
Q. - - on Mr. Chasse?
A. No, apart from maybe the darkened spot on

his mouth.
Q. And so, I mean, basically then, it's not
based on any facts that you had or perceptions you had
but just on assumptions you were making; is that
correct?
MR. STEENSON: Objection.
THE WITNESS: It was based on my - -
MR. STEENSON: Just a second. Let me make
the objection.
THE WITNESS: M-hm.
MR. STEENSON: Objection, argumentative,
misstates her testimony. Go ahead.
THE WITNESS: It was based on my
22 perceptions.
23 Q. (By Ms. Dunaway) It was based on your
24 perceptions, but it's not based on anything that you
25 actually saw in the way of an injury?

(360) 695-5554 ** (503) 223-4040
55
A. I saw physical motion that seemed likely to

cause injury. I did not see - - I was not close enough
to see any actual injury.
Q. Okay. So you have no - - you had no
perception of an injury, you made an assumption that
because of the struggle he had been injured?
MR. STEENSON: Objection, argumentative,
again, misstates her testimony. Go ahead.
THE WITNESS: I'm making sure I use the
language I mean here. The struggle to me, the weight
of the officers in juxtaposition to his weight all
made it seem very likely to me that he was injured.
Q. (By Ms. Dunaway) And so based on the
struggle, you assumed he had been injured?
A. Yes.
Q. But you never saw any injuries?
A. No.
Q. Okay. When you were watching the struggle
and - - that you described as going on for minutes and
Mr. Chasse continues to resist, the police officers
continue to try to get handcuffs on him, did you come
to any conclusions or assumptions in regard to
Mr. Chasse's mental status?
MR. STEENSON: Objection, misstates the
testimony, vague. Go ahead.

(360) 695-5554 ** (503) 223-4040
56
1 THE WITNESS: Can you ask me that again?
2 Q. (By Ms. Dunaway) Well, you're standing there
3 and you're watching the struggle go on, as you
4 described it, for minutes between the time that
5 Mr. Chasse goes down and then you describe there was a
6 Tasering and then it appeared to you he went
7 unconscious. While you're watching that and he -- and
8 Mr. Chasse's saying certain things, I think you said
9 he was saying help or stop or something like that and
10 F you, different things. Were you -- did you come to
11 any conclusion yourself about what's going on with
12 this guy - -
13 MR. STEENSON: Same objections - -
14 Q. (By Ms. Dunaway) -- in regard to his mental
15 status?
16 MR. STEENSON: That's compound. Go ahead.
17 THE WITNESS: I came to the conclusion he
18 was a very frightened person.

19 Q. (By Ms. Dunaway) Okay. So he was just a
20 scared man, that was it?
21 A. I did not come to other conclusions besides
22 that, the fact that he was frightened.
23 Q. Did you hear anybody else around you come to
24 any - - discuss anything about his mental status?
A. NO.

(360) 695-5554 ** (503) 223-4040
57
Q. Was there any conversation going on while
you were standing there in regard to - - the way
Mr. Stuart described it I believe was that there
were - - there were a few people standing next to him
or around him. Were there people standing around you
as you were watching the struggle?
MR. STEENSON: Vague.
THE WITNESS: There were a group of people
near the restaurant and there -- there were people
around at various times, m-hm.
Q. (By Ms. Dunaway) Who was near you, if
anyone?
A. I can't tell you specifically. You know,
people who had been dining there, some people from the
restaurant, people were moving around a bit.
Q. Was Mr. Stuart near you?
A. He was.
Q. Okay. And did you hear Mr. Stuart say
anything about what he might - - he thought might have
been going on with Mr. Chasse in regard to his mental
status?
A. I don't remember hearing anything about his
mental status.
Q. Did - - did it ever - - did you ever think,
while you were standing there, that Mr. Chasse was

(360) 695-5554 * * (503) 223-4040
58
mentally ill?
A. I don't think I thought that specifically.
I thought -- I thought he seemed really frightened and
he seemed in a - - a bit of an altered state which
could have been from the event, it could have been,
you know, from a mental state, it could have been from
a drug state, it could have been from - - you know,
it's unusual to see someone - - if someone's not
complying with police officers -- it was unusual to
see someone not comply and to be that - - and to be
frightened and to be resisting, that was unusual.
Q. And is that because most of the time when
you've seen interactions with the police that you
described earlier, people comply with what's being --
what they're being told to do by the police?

A. Mostly, yeah.
Q. Just one last thing so that we can remember
in a graphic form where it was that you were standing.
A. M-hm.
Q. If you can take a look at this. And 1'11
want that marked.
(DEPOSITION EXHIBIT NO. 356 was marked for
identification.)
Q. (By Ms. Dunaway) Do you recognize that at
all?

(360) 695-5554 ** (503) 223-4040
59
A. Yeah. This is -- this is north; correct?
Q. Correct.
A. Yeah. So initially we were on this corner.
Q. Okay. I'm going to have you put a 1 there,
as you - - as you say, where you were when you saw it
begin.
A. M-hm.
Q. Okay. At that point, when you are standing
there, where are Mr. Chasse and the police officers?
And could you indicate that with a 2.
A. Somewhere around here.
Q. Okay. At that point, had they fallen down
yet?
A. As I looked up they were just going down.
Q. Okay. So where - - indicate with a 3 where
they are when they go down.
A. About that same place I would say.
Q. Okay. Then at some point then you move
across the street; correct?
A. M-hm.
Q. Okay. Can you mark that with a 4.
A. (Witness complied.)
Q. Okay. Now, with a 5 can you mark where - -
A. Actually this should be a little bit
probably - - well, be more like this.

(360) 695-5554 ** (503) 223-4040
60
Q. Closer to the stairs?

A. Yeah. We were kind of against that wall
there mostly. And then sometimes up these stairs.
Q. Okay. Can you mark with a 5 where the
police officers are and Mr. Chasse when the struggle
ends.
A. It was - - it seems like it was all right in
this area right here.
Q. Okay.
A. So I'll just - -
Q. And then lastly, can you draw a stick figure
of the position that would indicate the position that
Mr. Chasse was lying in? So where -- you know, the
direction of his head versus his feet.
A. Yeah.
Q. And then next to that can you place an arrow
to indicate the direction that Mr. Chassers facing.
A. Well, this was - - this was the position when
he was unconscious. Prior to that it -- there was a
lot of moving around. At some point his head was
facing the other direction, but this is the position
he was in when he was unconscious.
Q. Yeah, that's what I'm talking about.
A. Yeah.
Q. Once - - once you believe he's gone

( 3 6 0 ) 695-5554 ** (503) 223-4040
61
unconscious, what - - could you put an arrow in the
direction in which his face is facing?
A. Well, I know at one point he was facing this
way.
Q. Okay.
All right. That's all I have. Thanks.
MR. RICE: Thank you.
MS. BACK: I'm sorry, I just have a couple
more questions.
FURTHER EXAMINATION
BY MS. BACK:
Q. I hate to keep you.
When the female paramedic first approached
Mr. Chasse, you said you saw her talking to him; is
that correct?
A. M-hm.
Q. Okay. Did you see her touch his face at
all?
A. I seem to remember her touching his head.
Q. Touching his head?
A. M-hm.
Q. On top of his head, on the back of his head?
A. Yeah, kind of top. Like kind of waiting - -
while she was waiting for him to wake up.
Q. Okay. And then did you see her put her hand

(360) 695-5554 ** (503) 223-4040
62
on - - anywhere else on his body?

A. I don't remember anything else, hm-m.
Q. Okay. How long were the paramedics there
that you recall?
A. It's really hard for me to come up with a - -
a time, a specific amount of time.
Q. Well, if you can't recall I don't want you
to guess, but if you recall then I would like to know.
A. Yeah, I 'm not sure.
Q. Okay. That's all I have. Thank you.
MR. STEENSON: Nothing.
MR. RICE: Okay.
MS. DUNAWAY: Thank you.
MR. RICE: Thank you for coming down here.
(The deposition concluded at 2:16 PM.)

(360) 695-5554 ** (503) 223-4040
1 C E R T I F I C A T E
2 STATE OF WASHINGTON )
) ss.
3 COUNTY OF CLARK )
4 I, Shannon K. Krska, a Certified Shorthand

5 Reporter for Oregon, do hereby certify that, pursuant
6 to stipulation of counsel for the respective parties
7 hereinbefore set forth, CONSTANCE A. DOOLAN personally
8 appeared before me at the time and place set forth in
9 the caption hereof; that at said time and place I
10 reported in Stenotype all testimony adduced and other
11 oral proceedings had in the foregoing matter; that
12 thereafter my notes were reduced to typewriting under
13 my direction; and that the foregoing transcript, pages
14 3 to 63, both inclusive, constitutes a full, true and
15 accurate record of all such testimony adduced and oral

16 proceedings had, and of the whole thereof
17 Witness my hand and CSR stamp at Vancouver,
18 Washington, this 30th day of August, 2008.
19
20 &&U
21 Shannon K. Krska
Certified Shorthand Reporter
Oregon CSR No. 90-0216

(360) 695-5554 * * ( 5 0 3 ) 223-4040

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

and AMERICAN MEDICAL RESPONSE )

August 22, 2008

For the Defendants MR. JAMES RICE

For the Defendant MS. JEAN BACK

Schmitt & Lehmann, Inc.

PORTLAND, OREGON; FRIDAY, AUGUST 22, 2008

Schmitt & Lehmann, Inc.

what I'm going to ask you to do is answer out loud

Schmitt & Lehmann, Inc.

Q. And before coming in here today, did you

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, Inc.

Schrnitt & Lehmann, Inc.

Q. Can you tell us how you came to be in that

Q. And were you with any person or persons?

Schmitt & Lehrnann, Inc.

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, Inc.

strike Mr. Chasse?

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, Inc.

A. I had heard of them, but I didn't - - I

Schmitt & Lehmann, Inc.

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Schmitt & Lehmann, Inc.

of the police officers?

A. Just prior to that? Yes. He was crying for

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, Inc.

Q. Angled somewhere in there?

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, Inc.

me, the fire/ambulance people arrived, did they do

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that being administered by any particular medical

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fire bureau or ambulance people that are there?

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please don't go or something like that.

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, Inc.

A. I don't think so.

Schmitt & Lehmann, Inc.

A. And - - yeah, that's it

Schmitt & Lehmann, Inc.

A. At that point I was down on the sidewalk,

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, I n c .

Schmitt & Lehmann, Inc.

Schmitt & Lehmann, Inc.

contacts with the police?

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people who don't live here.

A. I think so. You know, I'm - - I'm sorry, I

Schmitt & Lehmann, Inc.

And at some point you crossed over to the

Schmitt & Lehmann, Inc.

and then we stopped to watch.

but I - - I do remember, you know, a hand holding