Excerpts from MCSO Captain Steve Bailey's Oct. 29, 2015 Testimony during the Melendres Contempt Evidentiary Hearings regarding Dennis Montgomery and the MCSO's Seattle Operation, with selected notes.*
Cross-Examination | Redirect Examination
See also Bailey's Oct. 28 Testimony.
CROSS-EXAMINATION
BY DEFENSE COUNSEL JOHN MASTERSON
[4019]Q. * * * All right. Now, I'm making a big jump. We're going to Seattle.
A. Yes, sir.
Q. Were you involved in the actual Seattle investigation?
A. No.
Q. Do you know all of the information that Dennis Montgomery provided to the investigators during the Seattle investigation?
A. A very cursory knowledge of it, but not all of it, no.
Q. Did you ever meet with Dennis Montgomery?
A. No.
Q. Other than that, I'm not sure what to call it, graph or -- it was the thing that you looked at that had the circles and arrows and boxes and all those sorts of things. Other than that, did you see any other documents associated with the Seattle investigation?
A. Early on, Detective Mackiewicz showed me a page or page-and-a-half document that he obtained from Montgomery.
Q. Was that a time line document?
A. No, it was a -- more of a bullet-pointed sheet of [4020] information.
Q. Okay. Other than those two documents, did you see any other documents associated with the Seattle investigation?
A. Other than what I've seen in the court proceedings, I don't believe so.
Q. Okay. Did you ever talk with Dennis Montgomery?
A. No.
Q. Did you ever see an e-mail -- well, let me ask you this: Did you ever learn of an e-mail Dennis Montgomery allegedly provided about a soccer game involving the child of one of the MCSO lawyers?
A. I don't know if I saw it, but I was told about it.
Q. When were you told about it?
A. I believe that came up in that January 2nd, 2014 meeting at the Sheriff's Office.
Q. Did you ever learn that the sheriff's personal cell phone number and chief deputy's personal cell phone numbers were provided in a document purportedly by Dennis Montgomery?
A. I'd heard that they were, yes.
Q. When did you hear about that?
A. I'm not sure of the time frame; I believe the chief deputy explained that to me.
Q. Did you know about a person unrelated to Dennis Montgomery who informed the sheriff that his phone was being tapped by the federal government? [4021]
A. Somebody other than Montgomery?
Q. Yes, sir.
A. I didn't know that.
Q. In your experience -- and I know you went -- we went through that in some detail yesterday. In your experience as a law enforcement officer, have you ever worked with confidential informants?
A. Yes, sir.
Q. Are they typically upstanding citizens looking to do justice for the world?
MS. WANG: Objection, leading.
THE COURT: I'll allow it.
THE WITNESS: No, sir, informants aren't typically people as you described.
BY MR. MASTERSON: Q. They're what?
A. They're not as you described.
Q. Oh. Are they sometimes criminals?
A. Yes, sir.
Q. Do they sometimes try to get out of charges that maybe you've arrested them for?
A. Quite often.
Q. Do they sometimes lie to you?
A. Quite often.
Q. In general, in your experience, are confidential informants [4022] always credible?
A. Not always.
MR. MASTERSON: Thank you, sir.
* * *
REDIRECT EXAMINATION
BY PLAINTIFFS' COUNSEL CECILLIA WANG
[4043] * * *
BY MS. WANG: Q. Turning for one final question, Captain, regarding the Seattle investigation, now, Mr. Masterson asked you whether you -- which documents relating to the Seattle investigation you saw. [4044] Do you recall that?
A. Yes.
Q. And you recall seeing two of them, right?
A. Yes.
Q. You also had a number of -- attended a number of meetings where the Seattle investigation was discussed, correct?
A. I wouldn't characterize it is a number. I was at the January 2nd meeting and some informal meetings when I was in special investigations where the investigator might come in and tell me what -- where they were at early on.
Q. Well, you had more than one meeting where the Seattle investigation came up, correct?
A. Yes.
Q. You discussed it with Brian Mackiewicz at various points in time, correct?
A. Couple times, yes.
Q. And also with Sergeant Anglin, correct?
A. Yes.
Q. All right. And also with Chief Deputy Sheridan, correct?
A. Yes.
Q. And in the course of all of your -- all the information that you received about the Seattle investigation, you do recall that Judge Snow's name came up in the course of that investigation, correct?
A. At some point, yes. [4045]
MS. WANG: All right. Thank you. I have nothing further.
THE WITNESS: Yes, ma'am
* * *
See also, Bailey's Oct. 28 Testimony.
*Source: Melendres v. Arpaio et al, No. CV 07-2513-PHX-GMS (D. Ariz.) Transcript of Proceedings - Evidentiary Hearing Day 17 - Oct. 29, 2015 (pages 3971-4063).
