TAPED INTERVIEW WITH CORPORAL AL OTERO

Holstine:

This is Sergeant Paul Holstine with the Bullhead City Police Department, Office of Professional Responsibility and present with me is Corporal Al Otero and you are Al Otero are you not?

Otero: Holstine:

Yes I am. And we are at the Office of Professional Responsibility at 5:41 a.m. on the 22nd of October, 2009 to interview on OPR 0902, 09029. Al did you get a notice of Administrative Investigation?

Otero: Holstine:

Yes I did. Have you had a chance to review it and familiarize yourself with the contents of the allegation as well as the rules of the game if you will?

Otero: Holstine:

Yes I have. And do you understand your specific rights and responsibilities in this investigation?

Otero: Holstine:

Yes I do. Do you have any questions about your specific rights and responsibilities in this investigation?

Otero: Holstine: Otero: Holstine:

No. Okay I see youve alright signed on the bottom line. Yes. Ill sign as well. Okay getting started obviously this is a kind of a laundry list of accusations ah first thing Im wanna do is, is establish just which portions of this you may or may not even be a witness to. And ah I as we briefly talked on the phone last night ah at this point the investigation indicates that um you were present with Sergeant Best when there was some performance issues being discussed with Marion Morgan ah is that correct?

Otero: Holstine:

Yes thats correct. And, and I guess you might have been privy to more than one conversation like that but there this one that Im referring to specifically I think I actually have a PPR on it somewhere but it ah one of the things that would have been addressed in that conversation to my knowledge was the existence or non-existence of some sort of ah romantic liaison or

affair between Lori Battey up in dispatch and Marion Morgan is that also correct? Otero: Holstine: Yes it is. Okay now that weve established that can you just tell me how it is that how, how did this story start for you? Otero: Ah I worked on dayshift I was the Corporal with Sergeant Best and Officer Morgan was one of the officers on our shift. Um I believe at the time and again unfortunately a lot of what I heard was rumor but I had heard that ah Officer Morgan was having some personal problems at home and ah he seemed to be kind of depressed and withdrawn from everyone and it started coming to my attention from other officers on the squad that ah he perhaps wasnt carrying his weight ah as far as the work load during the day. Um specifically one day ah officers were coming to me and complaining that they had been taking calls that had been holding two and three hours when I did a little more research that day I found out Officer Morgan had actually done nothing zero calls for service ah from briefing till the end of the day goose egg nothing at all. Ah so I, I started looking into that a little bit and again rumor had it that there may have been some kind of relationship between him and Lori Battey who I recall that day that he had zero calls for service was on the police radio. I started to kinda put things together and think that perhaps Officer Morgan was having a rough time in his life and that if there was in fact some type of relationship between the two that perhaps Lori was helping him out in some way by not giving him any calls. Holstine: Otero: Un huh. Um I brought that to the attention of Sergeant Best and thats when we both decided that pulling him in the office and talking to him about all these things would probably be the best course of action to just find out whats going on in his life and why his performance had declined. Holstine: Otero: Okay. Go on Im just jotting something down I wanna come back to. Um Sergeant Best and I discussed these things um he asked me ya know how do you know about this alleged affair or something and I said well its I, Ive heard people talking ya know Ive heard that ah perhaps there was some kind of romantic relationship that ah they were, they were very

friendly with each other and the only first hand instance I ever saw of anything but I dont even know that it was anything at all is I was up at dispatch one day and I noticed that ah Officer Morgan came up there and had brought Lori lunch and they had lunch together, but it was I mean there was nothing romantic going on there it was just they had lunch together. Ah so I let Sergeant Best know that and we pulled him in the office and ah pretty much presented it just like we said ya know your performance has declined um ya know this day you had zero calls for service and thats just not acceptable ya know whats, whats going on if youre having some kind of personal issues or something um then tell us about it if we can help you out and lets try to get this figured out ya know. Ah and then we went so far as to say ya know rumor has it that perhaps youre having some kind of relationship with Lori Battey and thats maybe the reason why you arent getting calls for service that day but other guys were getting calls that were holding for an extended period of time. Ah he denied that he was having any type of relationship with Lori at all he said that he was having some personal issues with his wife um ya know he said that theyre having a hard time and his mind just kinda really wasnt in the game and Holstine: Otero: Right. ah ya know we, we asked him if ah cause I believe at the time his wife was also working that same schedule as him and we had suggested that if theres some kind of issue that you guys are working together and, and youre having problems at home that theres no separation from you two maybe its too much time together ya know if going to another shift would help you then let us know and well try to work that out or, or whatever we can do but whatevers going on in your life coming to work and doing absolutely nothing is not acceptable. And ah he said that he didnt need to go to another shift there was no relationship between him and Lori ah he was just having a rough time at that, at that time. Holstine: Otero: Okay. Um thats really the meat and potatoes that I can remember from that, that meeting.

Holstine:

Okay. And thats pretty much exactly what ah what Glen told me about that meeting and I, I have a copy of a memo Id like to you to authenticate that memo. If youre going through that memo and, and it jogs your memory on anything else though can you go ahead and just add it to your conversation?

Otero:

I recall writing this but its been a little while um. The, the only other thing that this is reminding me of is just that ah that Officer Morgan did seem to kinda start snapping at some other officers. I know that like him and Officer Ersland use to go to breakfast or lunch together and I wasnt witness to that but I had heard that Officer Ersland came to him one morning and said do you wanna go to breakfast and he snapped at him and, and again Id be quoting this memo that he said he worked with a bunch of cry babies and back stabbers and I think that stemmed from the initial officers complaints that he wasnt pulling his weight.

Holstine: Otero:

Un huh. Um and then again Officer Teague came to me and ya know told me that I guess in the report writing room he overheard Marion Morgan speaking to Tammy Morgan that he was gonna start ya know essentially playing the game and filing the complaints with the Sergeant um but again Teague didnt want anything done at that time he said ya know just he just wanted to be left alone he says ya know this guys having problems fine but that doesnt need to affect me here at work so. Um we did bring those issues up with Officer Morgan that day ah the same day, the same meeting we had and, and he denied any of that behavior also. He said that he, he didnt recall snapping at ah at Officer Ersland didnt have any problems with anybody on the squad um the meeting was just very one sided almost it was Sergeant Best and I talking and him pretty much answering yes and no and not really elaborating on anything.

Holstine:

Well speaking of that when it comes to his denying there being any sort of relationship between him and Lori Battey was there anything was there any ambiguity or (Inaudible) as to how that how he responded to those questions? I mean was it clear what he was saying?

Otero: Holstine:

It was a flat out refusal he said no ah he seemed very defensive. Okay but it wasnt something thats could be interrupted another way?

Otero:

No and I mean we didnt go into great detail as far as how and what the relationship was. Um but it was flat out denial just no theres nothing going on. I, I remember writing this memo yes. Okay so the memo ah from you to Lieutenant Duke dated July 2nd, 2009 this is your memo?

Holstine:

Otero: Holstine:

Yes it is. Okay. Alrighty um have you ever exchanged e-mails with either Marion Morgan or Lori Battey such that you would ah either have knowledge of or maybe have a record of either one of their e-mail addresses what they would be?

Otero: Holstine: Otero: Holstine:

Like work or outside of work? Either one, well Internet based e-mail not Cody. No I dont think I ever have. Okay. Um okay. Oh and also this memo of yours dated July 2nd what if, if you dated this memo July 2nd what date was Officer Morgan ah what date was the conversation between you, Glen and Marion Morgan?

Otero:

It would have been a day or two before this memo. I think it was because I think the reason that I ended up writing that memo was a PPR was done on that meeting

Holstine: Otero:

Un huh. and I think Officer Morgan had some problem with it and I think he went to Lieutenant Duke about that and I believe it was after that, that Lieutenant Duke asked me to write that memo.

Holstine:

Okay actually Ive got a PPR dated 06/26 approximately a week before your memo and did you ever see a copy of what was put in the P that PPR?

Otero:

I believe I reviewed it before it was even shown to Officer Morgan. Ah Sergeant Best wrote it up and, and I reviewed it and he asked me

Holstine: Otero: Holstine:

Can you for his my input on it. That might be that PPR according to the way everythings timed I just want your take on it.

Otero:

Im not sure because I think there was a few at that time. At least more than one.

Holstine:

I had more than one but thats the one that I wanted to see if you could authenticate that one as being first of all the, that were talking about the same event and second of all if that ah seems to be the basic fact set the basic issues?

Otero:

I recall Sergeant Best telling me that when this all first started um that he did meet with him in the field and that they had a discussion. Ah and then I dont think the behavior stopped which is why we ended up pulling him into the office and both of us talking to him.

Holstine: Otero:

The (Inaudible) lack of productivity? I think it was that and, and ah his interaction basically with other squad members.

Holstine: Otero:

Oh okay yeah. It seemed like I mean it, it was pretty obvious at the time that he was going through something that ya know he, he would ah he would associate with the other guys talk to everybody ya know and it seemed like all of a sudden he just got real, real withdrawn and, and closed off and just wouldnt say a word to anybody. Hed come to briefing, sit there, be quiet and then hit the street and do his thing and in the report writing room ya know everybody sits in there and talks and he would ah yeah basically not participate and then ah it was starting to get like with the with the Ersland thing where he snapped at him and then ah I think he ah had blamed Teague for coming to us and telling us about his lack of productivity, which essentially really wasnt him it was ya know the guys were sitting around bitching that oh I had to do this, that and the other thing and, and ah how come Morgan isnt doing nothing and, and thats what prompted me to start researching and finding out how many calls for service everybody was taking and, and thats when I discovered that, that one day he had absolutely nothing.

Holstine:

So you touched on something that I was gonna go back and ask you about um Glen mentioned to you that, that there had been a previous conversation on the same subject?

Otero: Holstine:

Yes. Okay.

Otero:

As a matter of fact I think he wrote a PPR on that and I think what had happened was he presented that to Morgan and I think Morgan took offense to that because he felt that the discussion they had was enough and then I had even I think I had heard something that he had refused to sign the PPR or something like that and Sergeant Best told me that was not true.

Holstine: Otero:

What happens if somebody refuses to sign a PPR? Ya know I dont know because that, that question came up but he said no he did sign it. I think he wanted to talk to the Lieutenant first and then I think ultimately he did sign it.

Holstine: Otero: Holstine:

Okay. I never saw it after he signed it. Alrighty um reference going back to the conversation that between you, Glen and Marion and the subsequent memo that you wrote about it did you as far as the whole subject of him having a, an affair or any of that stuff did you come away from that conversation having any sort of doubts about whether he was being truthful?

Otero: Holstine:

I did ah And was it based on can you tell me what it was based on, his body language, your knowledge of him having lunch, rumors what, what, what was the totality of that made you wonder?

Otero:

Body language a lot of it he was very defensive ya know sitting in a chair, arms crossed, um it was not like you and I are talking right now it was, it was very much he, he almost seemed angry about it. His answers were very short and to the point yes, no wouldnt elaborate on anything.

Holstine:

Glen told me something and I dont know if you observed this or not um he said one of the things that he remembered about the conversation as far as having a bad feeling about whether he was being told the truth or not he said that, that Marion wasnt engaging, he wasnt elaborating with his answers, he was short, he was curt, he was but that and, and that he essentially avoided answering certain questions and at one point he said that something about when the subject of him and Lori Batteys possible romance came up he avoided a true answer to that question but immediately switched the topic of the conversation and started asking

Glen questions about something and then he started engaging and Glen said he, he noticed that change. Ah everybody perceives the conversation different but did you notice anything like that yourself? Otero: I cant say I recall like a, a point in that meeting that did that but I left that overall meeting feeling as though he was being deceptive that he wasnt being completely forthcoming and ah I mean ya know to this day I still have no first hand knowledge of what their relationship is or anything like that, if there is one or not but and we, we tried to portray that to him that okay ya know if there is some kind of relationship or whatever ya know your, your wife your girlfriend whatever it is all that needs to stay out of work and it cant affect your work here. Thats our ultimate goal is youre here to do your job so do your job and if, if youre having problems then ya know this is just not the right way to do it if youre having a bad day ya know if in fact there was a relationship and shes helping ya out that way then thats not right. Holstine: Okay um as far as the problems with the Morgans did separate from that conversation did either one of them ever come to you with any of these issues and ya know hey Al ya know I got problems and did they ever lay any of this stuff on you as supervisory or otherwise? Otero: No um after that after our meeting and then I dont know exactly when it was but I believe Marion and Tammy split up um Tammy did come to me at one point and asked me ya know whats going on ya know I found out so much stuff after he left and ya know he lied to you guys about this and that and, and ah she says ya know ah there were all these rumors and everybody knew this stuff and ah shes like how come nobody ever told me and I said ya know because Tammy I, I dont have first hand knowledge that your husband is engaged in an affair with this woman and Im not gonna go spread a rumor that I know not to be true. And I said the only reason that, that was brought up at all was because if in fact that was happening then it was affecting work and if she was covering for him because of a relationship or something then, then it becomes a problem here. I said but aside from that I, I dont know whats going on with your husband I dont know what hes doing or whats going on. But she had

mentioned to me that she found a bunch of e-mails and stuff like that and Holstine: Did she present to you any of those things did she hand you, did she show you any documents that say, see here this, this, this means he lied? Otero: Holstine: No. Okay. Have you through her or any other conversations ah have you heard about any other witnesses that might have more direct first hand knowledge of this alleged relationship between Battey and Morgan? Otero: Holstine: No I, I dont. Okay. Um we covered that as far as calls holding at the beginning of this you were talking about the origins of the, the Morgan productivity issue and guys coming to you and saying that they were taking calls that had been holding a long time while he was not taking any. Now what is the common practice if do, do they maintain beat up in dispatch do they maintain beat integrity with these calls no matter how long they have to hold or do they just start handing em out to the beat five and beat two guy or... Otero: The, the way that I that Ive always understood it and, and the way whenever I hung on a squad I usually try to get with a Sergeant to make sure were on the same page but if its a priority one call people will clear from whatever theyre doing to go handle that, excuse me a priority two call will be the next available officer meaning if its a beat three call and the beat three guys tied up but beat two becomes available then beat two gets dispatched to that, if its a priority three call the beat officer will handle that call unless its being held for I dont even know what dispatch has as their time frame anymore if its half an hour or an hour but then usually theyll notify the Sergeant. Holstine: Otero: Holstine: Otero: What type of call would, would be a typical priority three call? Ah cold burglary ah criminal No suspects on scene? criminal damage no suspects something that somebody woke up and their mailbox was damaged. Holstine: Priority two?

Otero:

Um those could be like maybe order of protection violations, um maybe a shoplifting that just occurred but the suspects left ah usually the suspects arent on scene for those either ah but it could be like a family trouble call or parents having a problem with a kid or something like that and theyre both on scene.

Holstine:

Okay did you ever get any ah feedback or other information that outta dispatch that would confirm or refute the theory of Marion possibly receiving special treatment, favor, favorable treatment from Lori as a dispatcher? Did you ever get any information one way or the other on that out of dispatch?

Otero: Holstine: Otero:

No. Okay. No that conclusion I kinda drew myself as thats a possible reason for that.

Holstine:

Right. Now later Ill tell ya later on down the road that it was looked into and there was never any it, it couldnt be substantiated I dont know whether that means its patently untrue or just that it couldnt be substantiated. But I think weve about covered all of the, ah all of the you, Glen and Marion stuff. Now just so weve covered all the bases as far as all of the laundry list of issues on that notice is there anything else in there is there anything else in there that you have knowledge of direct, indirect, gossip or otherwise?

Otero:

No quite honestly the first I heard of any of this is when you spoke to me on the phone last night and then when I read this I actually was kinda shocked cause I, I had no, no idea about any of that other stuff.

Holstine: Otero: Holstine:

Well theres some pretty, pretty ah strong stuff in there. Yes. Pretty stuff that if, if its true its bad stuff so. Okay um let me just look through here. One of these episodes I think it involved Reid McNally but I wanna find out if you heard any rumor control stuff about it. Supposedly there was a there was a basically a civil standby I dont know if it was in an official capacity or not but supposedly at one time ah Marion and, and Tammy were parting the ways and he was moving outta the house or moving his things outta the house and Reid McNally was out there to

stand by and keep the peace I dont know if he was on duty or off and ah there was some exchange between allegedly some exchange between Marion and Tammy at that time did you ever hear any of that story? Otero: Really not much more than you said cause I think I was still on days shift and I think McNally was on graveyard and I do remember that I, I believe he was on duty and ended up responding up there because I think Tammy had something had happened that had upset her and I think she called dispatch and said that she wanted him outta the house and she needed the cops up there or something and, and I believe McNally was the one that went up there and I, I think Marion packed some things and left. But like as far as what happened on scene or any exchange of words I, I dont know. Holstine: Okay. Do they live in the city or did they when Tammy and Marion were together did they have a house in the city limits? Otero: Holstine: Otero: Holstine: I think so I think its Ponderosa or something. Is that where is that, it that down off of Riverview and No thats up by I think up in Arroyo Vista. Okay. Well I think weve about covered it, is there anything else you can think of that, that happened during it looks like this is about your involvement in this is about this conversation between you, Marion and Glen and in your knowledge of what was going on within the squad that sort of led up to these things. Anything else that comes into mind that will help to clarify this or make it more understandable? Otero: Holstine: No (Inaudible). Its obvious these two are having ya know problems. Okay if you got nothing to add, you got anything to ask me? Otero: Holstine: No. Well end the interview at 6:09 a.m.

Transcribed and submitted to the best of my ability:

Carol A. Escoffier