Excerpts from MCSO Detective Brian Mackiewicz's Oct. 27, 2015 Testimony during the Melendres Contempt Evidentiary Hearings regarding Dennis Montgomery and the MCSO's Seattle Operation, with selected notes.*
See also, Mackiewicz's Oct. 28 Testimony.
DIRECT EXAMINATION
PLAINTIFFS' COUNSEL MICHELLE MORIN
[3683] Q. Good afternoon, Detective Mackiewicz.
A. Good afternoon.
Q. Sir, what's your current title and assignment?
A. Detective in Maricopa County Sheriff's Office in our Threats Management Division.
Q. And you're familiar with the so-called Seattle investigation involving confidential informant Dennis Montgomery, correct?
A. Yes, I am.
Q. You were assigned to that investigation as part of your work for the Sheriff's Office?
A. Yes, I was. [3684]
Q. Take a look at Exhibit 2726, please. * * *
Note. Exhibit 2726 (PDF) is an Email from Brian Mackiewicz to [email protected] Re: Elmer’s case summary dated 9/4/2014 (MELC1292689 - MELC1292714)
BY MS. MORIN: And if we look at the first page of the exhibit that's on your screen, this is an e-mail dated September 4th, 2014.
Do you see that, sir?
A. Yes, I do.
Q. Sir, you sent this e-mail with its attachment to Mr. Mike Zullo at his [email protected] e-mail address, is that correct?
A. Yes, I did.
Q. And you sent it with the attachment that's entitled "Elmer's case summary" in the file name?
A. Yes.
Q. And you wrote that attachment, correct?
A. Mike Zullo and I wrote this together.
Q. And that case summary document was the summary of what you [3685] were doing and how the case was proceeding, correct?
A. Correct.
Q. You created that case summary in the ordinary course of your work on the Seattle investigation, correct?
A. Yes, I did.
MORIN: Your Honor, we move for the admission of Exhibit 2726.
POPOLIZIO: No objection, Your Honor.
WALKER: No objection.
THE COURT: Exhibit 2726 is admitted.
(Exhibit No. 2726 is admitted into evidence.)
BY MS. MORIN: Q. And sir, if you could turn to the page with the Bates number 1292700, please.
A. Ma'am, is this --
Q. Sorry, it's in Exhibit 2726. It's also on the screen. You should have the exhibit in paper copy in that folder in front of you, sir.
A. Can you repeat the number, please?
Q. The page ending with 2700.
A. Yes, ma'am.
Q. Sir, you went to Seattle on October 31st, 2013 with Mr. Zullo, is that correct?
A. Correct.
Q. And you met with Timothy Blixseth at that time? [3686]
A. Yes.
Q. And Mr. Blixseth introduced you to Dennis Montgomery?
A. Correct.
Q. And that was your first in-person meeting with Mr. Montgomery, correct?
A. Yes.
Q. And if you'd turn to the next page of the exhibit, ending with Bates number 2701.
You interviewed Mr. Montgomery again on November 6, 2013, is that correct?
A. Yes, I did.
Q. And that was conducted in your -- or, sorry, in his garage in Washington, is that correct?
A. Yes, I did.
Q. And that was conducted in your -- or, sorry, in his garage in Washington?
A. Yes, it was.
Q. And was that garage functioning as a sort of office for him?
A. Correct. He also had an office inside his residence.
Q. I'm sorry, I didn't -- I didn't get that.
A. He also had an office inside of his house.
Q. Sir, as you were approaching the witness stand just now, did your counsel hand you a piece of paper?
A. Yes, she did.
Q. What does that say?
A. It's two different notes for -- for the legal instruction. [3687]
Q. And what notes -- what do the notes say?
A. One says Fifth Amendment invocation, and the other one is administrative investigative response.
Q. Is that all that's on that piece of paper?
A. Yes, ma'am.
Q. Sir, at some point in or around November 2013, while you were with Mr. Montgomery in his -- in Washington state, did there come a time when Mr. Montgomery showed you the contents of his database of information on his computer screen?
A. Yes.
Q. And that was with -- and at that time did Mr. Zullo have Mr. Montgomery search for Judge Snow's name?
A. No.
Q. … Did there come a time when you and Mr. Zullo were looking at Mr. Montgomery's computer screen and saw Judge Snow's name in a database of Mr. Montgomery's information?
A. Saw the last surname of Snow.
Q. Okay. I'd like to direct your attention to that day and that meeting. So where was that meeting actually occurring, in the office in the house or in the garage office?
A. Inside the house.
Q. And describe for us what that inside-the-house office looks like, just generally. [3688]
A. Just a normal office in a residence, two different computers on two different sides of the room.
Q. And where was Mr. Montgomery sitting at that time that he showed you his database?
A. I don't remember. It was inside the office.
Q. At one of the computers?
A. Correct.
Q. Where were you standing in relation to Mr. Montgomery?
A. Inside the room.
Q. Or sitting.
A. Probably standing inside the room.
Q. And you could view this screen over his shoulder?
A. Yes.
Q. Where was Mr. Zullo at that time within that room?
A. He was within the room also.
Q. Could Mr. Zullo also see over Mr. Montgomery's shoulder?
A. Yes.
Q. And could you see Mr. Zullo?
A. Yes.
Q. How close were you to Mr. Zullo, approximately?
I don't remember.
Q. So seeing the -- at some point you saw the list of names on Mr. Montgomery's computer screen, correct?
A. Correct.
Q. And seeing that list of names then led to a discussion [3689] regarding who might be on the list, correct?
A. Yes, ma'am.
Q. And at that time there came a time when Mr. Zullo searched for something on the Internet, is that right?
A. I believe Dennis searched on the Internet, not Mike.
Q. So is it your testimony that Mr. Zullo didn't look up the name of the judge in this litigation at that time?
A. It was either Mike Zullo or Dennis Montgomery; I'm not really too sure exactly who it was.
Q. Well, maybe we could refer to your deposition at page 35, lines 2 through 14. That's clip 12. I'll ask Mr. Klein to play it, please.
(Deposition video clip played as follows:)
"Question: Who else was there with you when you looked at that --
"Answer: Mike. "Question: -- in print?
"Answer: Mike Zullo. It was actually Mike Zullo's idea.
"We didn't -- I wasn't following the Melendres thing at all, because it wasn't on my radar. I had no idea who the judge even was in the case. Judge Snow wasn't -- I -- I could care less who Judge Snow was, because I had no involvement in Judge Snow.
"Mike Zullo actually Googled the name to find out who [3690] the judge was. We didn't even know what the judge's name was, because, quite frankly, it didn't matter to us."
(Deposition audio clip concluded.)
Q. Sir, you gave that testimony at your deposition on October 7th of this year, is that correct?
A. Yes, I did.
Q. Was that testimony accurate when you gave it?
A. Yes, it was.
Q. And you were there when Mike Zullo Googled the name, correct?
A. Ma'am, if you read my whole deposition, you would see that I corrected that statement in a different part of the deposition.
Q. But you were there --
A. Yes, I was.
Q. -- when the name was Googled, correct?
A. Correct.
Q. And by "Googled," I mean searched for on the Internet.
A. Correct.
Q. Okay. And so then when you looked at the database, Mr. Montgomery pulled up the name -- some version of Snow, correct? Murray Snow, perhaps?
A. Yes.
Q. And you actually saw not only Murray Snow, but also other [3691] instances of the surname Snow, correct?
A. Correct.
Q. And you believed that name, Murray Snow, to be Judge Snow's name, correct?
A. Could be.
Q. Do you remember testifying at your deposition that you remembered seeing Dennis Montgomery pull up Judge Snow's name in the database?
A. It was the last name of Snow.
Q. In fact, it was Murray Snow, correct?
A. I believe it was.
Q. You had an understanding that that was the name of the judge in this case, correct?
A. I didn't know the judge's name at that time, but based on the information, yes.
Q. Based on the information that had just been searched for on the Internet, correct?
A. Correct.
Q. * * * You testified that this happened at some point in November 2013, correct?
A. Correct.
Q. Did that search for Judge Snow's name in the database happen before you interviewed Mr. Montgomery on November 6, [3692] 2013?
I couldn't be certain. It was the same time frame. Could have been right before or could have been right after.
Q. Okay. So now let's forward -- let's move forward to December 2013.
A. Yes, ma'am.
Q. On December 3rd, 2013, there was a meeting between MCSO employees and Tom Horne, the attorney general for Arizona, is that correct?
A. There was a meeting; I don't know what date it was.
Q. So let's look back at the exhibit in front of you, Exhibit 2726.
A. Yes, ma'am.
Q. That's the same page that we were on, Bates number ending in 2001. Do you see that you wrote in the middle of the page: "On December 3rd, 2013, several people from the Sheriff's Office had a meeting," that paragraph in the middle?
A. I do see that.
Q. And was that date December 3rd, 2013, accurate when you wrote it?
A. Yes, it was.
Q. Was the sheriff at that meeting?
A. Yes, he was.
Q. Did he arrange that meeting?
A. I believe he did. [3693]
Q. And if we could look at Exhibit 2527, please.
Note. Exhibit 2527 is Email from Carmen Hernandez to Travis Anglin re Investigative travel dated 2/3/2014 (MELC198515).
* * *
Q. So do you see that the top e-mail forwards an e-mail from yourself to Ms. Hernandez, Carmen Hernandez, and that the e-mail from you is sent on November 30th, 2013?
A. Correct. Sorry about that.
Q. Yeah, sorry. My apologies.
Q. And did you send that e-mail on November 30th, 2013, that's shown in the middle of this page?
A. Yes, I did.
Q. And you were asking for travel authorization to go out to Seattle on December 5th, 2013, the day before you signed Mr. Montgomery as a confidential informant, correct?
A. Yes, ma'am.
Q. And did you go back to Seattle on that day, December 5th, 2013? [3694]
A. Most likely I did.
MORIN: Your Honor, we move for the admission of Exhibit 2527.
POPOLIZIO: No objection, Your Honor.
WALKER: No objection.
THE COURT: Exhibit 2527 is admitted.
(Exhibit No. 2527 is admitted into evidence.)
BY MS. MORIN: And you actually signed up Dennis Montgomery as a confidential informant on December 6th, 2013, correct?
A. If that's the date on the paperwork.
MORIN: If we could show Exhibit 2081 to the witness, please.
BY MS. MORIN: Do you see this is the confidential informant form that was filled out at the beginning of MCSO's formal retention of Mr. Montgomery as a confidential informant?
A. Yes, it is.
Q. And it lists his confidential informant number, 1437, in the upper-right corner?
A. Yes, it does.
Q. And does this refresh your recollection that you signed him on December 6, 2013?
A. Correct.
MORIN: Your Honor, we move for the admission of [3695] Exhibit 2081.
POPOLIZIO: No objection, Your Honor.
WALKER: No objection.
MORIN: Your Honor, I just –
THE COURT: Exhibit 2081 is admitted.
(Exhibit No. 2081 is admitted into evidence.)
MORIN: I apologize, Your Honor. I just want to point out there's a Social Security number on this page, so we would be open to redacting that if need be.
THE COURT: Any objection to the redaction?
POPOLIZIO: Not at all.
THE COURT: All right. Why don't you redact it. And is this as good a place as any to stop?
MORIN: Yes, Your Honor.
THE COURT: All right. So we'll resume in the morning. We'll see you in the morning, Detective Mackiewicz, 9 o'clock.
THE WITNESS: Thank you, Your Honor.
THE COURT: Thank you.
* * *
See also, Mackiewicz's Oct. 28 Testimony.
*Source: Melendres v. Arpaio et al, No. CV 07-2513-PHX-GMS (D. Ariz.) Transcript of Proceedings - Evidentiary Hearing Day 15 - Oct. 27, 2015 (pages 3463-3697).
