Parker: My first line - why can’t cops lie? Young man sees cops lights in mirror. Next thing he knows booked for illegal drugs in vehicle. No idea how they got there. Alaska State court system all because a cop lied. Not in this case. Nevertheless it illustrates why cops can’t lie. Our basic liberties at stake. I bring this up as I think about this a case over last few years. Our country has tolerated lies more over the years. But it just can’t happen with police.
Probably wondered if listened to two different cases. In opening I said one thing and counsel on other side said something different -
We haven’t wavered one bit. If have learned anything, it’s even more compelling. Ms Usera and Mr. Vakalis denied that Henry had lied. [This doesn't make sense, not sure what happened, if auto-correct corrected a word badly.]
Anchorage is my home time. I feel, as a citizen the importance of a case like this. I apologize for objecting, considered bad manners in closing, but if you don’t might be held you waved an argument. Also about the notion I should have called other people. At one time 80 some people on Henry’s list. They called a fraction. There comes a time where you have to draw the line. My hair longer and voice hoarser, but appreciate opportunity to be here.
As said in opening:
MOA on becoming aware that APD failed to conduct investigation in possible blocking of investigation into NG, conducted investigation into NG investigation and Henry. MOA was a target as well as Mr. Henry. Police chief himself was also disciplined for sitting on this for ?? months.
Rick Brown told you of his credentials, strong. ?? of Pennsylvania after years. Investigator concluded Mr. Henry had been dishonest. Under Garrity - dishonest and failed to tell chain of command. You’ll hear in his own words about dishonesty and failure to follow chain of command.
Two high ranking MOA officials separated from APD
Conducted at request of Mr Vakalis . Looked into allegations Henry had stopped investigation into drug and sexual assault at National Guard
[Brown's] Investigation 5 months Oct 2014 - March 2015
97 page report with 2500 pages of attachments
Signed it - it was his, no one else’s. The final report, despite what others commented on, was his. Looked at final draft, also heard Rick Brown no material changes between 3/3/ and 3/15
29 year career in Pennsylvania and all the investigations he personally conducted, supervised IA. This man knew how to do investigations - he did it. Appointments by judges as monitor for consent decrees - Detroit, Niagara Falls, Maricopa. Comparable to what asked to do in this case. Told to come in and see if true and fair. No motives. If he’d found Tony Henry honest ???with him, we would not be here today. If found that Mew had good reasons for no investigation for many months. He found what he found… Suggestions he got too close to Vandegriff or Christiansen who was repeatedly vilified in this court. Or Carson. He was called a liar, why I objected. No evidence he lied.
Conducted his interviews at City hall up the elevator in city hall, not at APD, but at MOA attorney
s office.
Henry’s dishonesty in investigation. Brown told you critical meetings, and other things. Important thread and conclusion, that Tony Henry was dishonest about those meeting. Henry told story Oct 20, 2015 claimed Seth McMillan's fault, Katkus asked why doesn’t McMillan trust me. Said it was all McMillan’s fault. He recanted that. The Mcmillan’s cause. Who set up the meeting. It was Tony Henry. He had to acknowledge it was in his first interview, he lied.
I encourage you, if you don’t read anything else, read at least some of Rick Brown’s interview with Henry. He’s not saying I don’t recall, he’s saying absolutely that’s what happened he reported those to Brown and wouldn’t back off. And in first interview denied second meeting or having talked about drug investigation with K or that sexual assaults ever discussed. Between the interviews, Henry produced the Blaylock statement. I was accused???. Document Tony Henry provided to Brown in Nov. it was Blaylocks own words. He wrote June 4 next to those notes. Then proceeded on 2nd interview Dec. 18, to claim it happened in January, Seth didn’t trust the General, ….. and so on. He did that knowing what Blaylock said about June 4 meeting. If you look at second interview A85 and A87. He’s adamant. He’s not qualified. Also see in those statements. He’s argumentative and evasive. Read those questions and way Tony Henry tries to deflect investigators from the questions.
Again, Usera and Vakalis independent of APD.
Also heard a lot about retaliation. But most people who he claimed were out to get him were gone. Miller retired Spring 2013, Plummer, Summer of 2013, Hebbe - didn’t have horns - retired in 2014. Before all this. Especially Hebbe and Kris Miller were the bad guys, the retaliators. But they were gone.
So you heard, last week, from Philip Deming who told you how workplace investigations should be conducted - SHRM (Society for Human Resources Management) told you he has written articles and done training on investigations. He gave you two screens with his hands. Walked you through how investigation supposed to happen and what Brown did. And assured you Brown followed the SHRM standards
Review Information - plaintiff said shame on Christiansen for sending lots of documents. Bombshell OCI report that caused Katkus to resign next day. It lit the fuse in the press and caused the investigation. Once it came out and Mew had to talk to Murkowski and gov - he asked Fanning to prepare timeline of events to explain why so much time took place [without investigation?]. Led to believe in courtroom all done for Rick Brown, but now, for Senator and Gov.
Brown also conducted interview and [of?} Mr Henry
Following interview realized had discrepancies in key events. He may have thought I can be done in one trip. But discrepancies. Had to come back. To be fair to MOA , to Justice, had to return to see what was true.
Next round - request for more information - 10 kinds[?things?] he felt was critical to see, to figure out discrepancies. A week later, dressed??? in interview with Hazelaar and K. Hazelaar confirmed exactly what Carson said. K had confirmed that sexual assaults and Blaylock were at second meeting.
2nd round, happened here in Anchorage mid November - interviewed Redick and Blaylock. Redick told Brown and carefully covered this - He gave specific info about June 4 meeting and that contradicted what Henry said. Redick provided details about sexual assault - said Blaylock got pretty well chewed out for not divulging names of the victims. Redick had been Tony Henry’s sergeant at SAU. That may be the single most evidence. No one challenged Redick’s credibility.
Consistent what everyone said about meetings. Nothing supported Henry’s version Brown still not ready to make a call. Came back for 3ed round, including Dec 8 interview with Henry.
Henry stuck to same story about meeting that he told on Oct. 20, McMillan's fault, no recollection of meeting in June, no sexual assault. I’d remember if it happened. He was adamant. Repeatedly said it, and confronted repeatedly with what others said. His response when Vandegriff and Carson and other said June 4 happened, sexual assault happened. His response - they got their date wrong. He wasn’t going to accept for a second. When Vandegriff said, is it possible you got the dates mixed up?, No said Henry before V finished question.
Why? Why? I ask you, Right there. Is that how law enforcement officers should behave. Unwilling to accept he may have been wrong in his assessment? Rigid Rigid. On that basis, Rick Brown concluded this was dishonesty , disqualifying dishonesty.
We also know Rick Brown had second interview on that trip with Tim McCoy and work? sexual assault group - the very recruiters in the very first National Guard, Blaylock was questioned about when he refused to disclose the names of victims. Those national guard 15-6 reports show there were victims. I was astonished when I heard it diminished here in the court. "There was only one, it was really a consensual relationship." NO. That’s not true. Simply not true. John Nieves. These men were in their 30s and 40s and preyed on young women Had this been properly relayed to Tim McCoy in 2008,200 9, 2010 - in June 4 meeting was right smack dab in the middle. Some of this could have been prevented then. But it didn’t happen.
Also interviewed ST who explained she did not come forward after hearing about Blaylock meeting with Katkus.
MIA Carson said she told Jack Carson about the recruiters. If one’s involved they’re all involved. She knew that about the recruiters. Showed FB pages with fancy cars and toys you don’t get with an ANG salary. Gets SAU people’s interest. Elaine Jackson, a poster person for NG, with Prieto - big, bad hygiene, that’s suspicious. I concluded Henry lied in investigation. That he’d lied, that his action affected materially the APD. The fact that I’m here now proves it materially affected the APD. From transcript (deposition?):
Show you a little on Henry on honesty.
P:Have to tell the truth all the time?
Henry: Important without a doubt.
P: A job breaker if you can’t tell the truth right?
H: I agree
Not just his reluctance to consider he might be wrong and others right. Based on what Hazelaar, Katkus. Blaylock, Seth McMillan, Jack Carson, reports - that’s important in workplace investigation. If not, don’t need investigations, cops could lie and we’d all be in trouble.
Blaylock’s credibility challenged. The FBI report to the effect that somehow not credible is based totally on Bridge's report [on Blaylock]. Recruiters - the very ones suspected and the sexual assault coordinator who was found by OCI to be incompetent and people afraid to report to her. You can read that in the OCI report.
Henry also testified about APD command. I asked because Brown conceded he had failed to report to his chain of command. He says correct. Structure important so things get up to [next?] level so it goes up to chief. They need to get the info so they can decide.
He agreed with that standard but Brown concluded he didn’t comply with it.
Henry deposition Aug 2016, brings up first time really was a June meeting. The one I said was the first one was really the June meeting Finally, after two more years, acknowledges it happened. Guess what. Rick Brown was right and Tony wasn’t truthful.
Goes on to acknowledge drug investigation disclosed not by McMillan but by Henry on Feb 26. Henry said, I believe he did.
How did he learn about it on Feb. 26? I believe he learned it from me.
Any ??? He ??? And he said no.
That acknowledgement in his deposition is grounds for termination right there.
Brown had interviews transcribed, report 15 march. Nancy Usera told you about her long career and high offices - Commissioner of Admin and of Labor.
Vakalis talked about distinguished military career and had Masters in Personnel Management. Usera read findings and concluded he violated standards Obvious conclusion to make. She later agreed to review the summary. And when Henry filed appeal, she read the attachments.
Gone over Henry’s vision
Hazelaar/Carson version - concerned prematurely expose the investigation - you can read on page 3 Ex: A43???
Darren Redick and everyone sees Blaylock called in and sexual assaults discussed.
You aware that Redick said this. Henry said no, his dates wrong
Couldn’t have been at meeting because Blaylock said he saw him wearing a uniform. He said he wasn’t wearing uniform. How can he know he wasn’t wearing uniform if he wasn’t at meeting?
[Picture of Henry in Uniform up]
Henry excuses for not telling truth
Came in ‘cold’ didn’t have access to info
Didn’t come in cold - read Blaylock block in Oct 2014 - 34 minute phone call with McMillan. By time first Brown interview had read OCI
Regular meetings with Capt. Miller - blamed it on Carson, but admitted later told Miller anxious about meeting.
"I knew there was a big controversy with Gov’s election and NG centerpiece." And he should get a free pass because it was also a political issue. You don’t get free pass. Because it was so political, Henry should have done what he usually does - research
Redick said, Henry has good memory and keeps records. Peck: Henry loves to argue and almost always wins.
This isn’t an interview, he was arguing. He was under Garrity. It was an interview. He should have been answering questions.
Turned over lots of documents, collecting info because allegation Investigation covered up drug investigation to National Guard.
Allegation cut off to computer access. Never told Rick Brown about being cut off. No I did not. Or second interview? No I did not.
Also claimed, Rick Brown said in deposition 30 times that he asked for something, but we couldn’t find those 30 times. Maybe a few in second interview could be interpreted a request.
Brown, instead, got suggestions from Tony. Brown followed up on this. He told you that.
Interviewers told Tony what evidence was against him so he could respond.
Vandegriff presence affected him. Claimed V was mean retaliator. We showed you evidence not true. Mew was, but not V.
Henry subjected to numerous IA investigations. Had been subject to ten prior ones and that these were normal
V asked him several times if he’d mixed up the dates.
You were given chance that you mixed up dates? No they didn’t (deposition)
Transcript of second meeting V: possible mixed up> TH: NO - the argumentative Tony.
V: I understand going back five years, dates can get mixed up, possible you got the two meetings backward? H: NO
He’d been telling them what others were saying in previous pages. No question that Rick Brown reasonably concluded Tony lied and from the report, he lost his job.
TH: Talked about losing certificate.
Retaliation claim. Much of what TH
Timeline up.
Much of what he talked about in courtroom predates red line June 4, 2014 settlement with EEOC - includes JW at OEO, Schmidt, Assignment to so called closet - which was really a pretty good sized office, going to Homicide, working for Kris Miller
Move to SRO
Claims filed with OEO
All background - all prior to June 4 2014 settlement. For 3.5 weeks we heard about all this bad stuff.
Talk about the settlement. I learned new facts - didn’t think I would. I didn’t realize how much those April 2012 events so manipulated by Henry.
Remember Investigation never told already planning to leave SAU. Instead stood by while members of SAU very upset by notion that Henry unfairly removed, and he never told them he’d already agreed to moving. They all believed treated poorly by management. That uproar not just with command stuff, but with SAU - right when dealing with one of the biggest cases in years - Israel Keyes murder case. Did you see Hebbe’s emotion over this? Emotional for good reason.
One doc you can see is the settlement of agreement. Henry acknowledged he settled his claims. So all the things you say flow from 2012, you knew you’d give up those claims
It is what it is
Despite how horrible Kris Miller was?
You were paid money? Correct
His counsel said You don’t need to decide the JW issues
Plaintiffs
NO Retaliation - pre June 2013 events settled. The protected activity here is about opposing discrimination against JW, so have to evacuate everything that happened after that.
Green bars are when JW and H are working together. That stops in April 2012 - at that point JW and TH timeline go apart.
Things JW lost his job over things that had nothing to do with THenry. Whetsell agreed. To persuade you there was ongoing retaliation related to April 2012 events.
He had to connect dots, because he opposed retaliation
Can’t do it with Miller, Plummer, Smith, Hebbe - they all retired
Mew? He did everything but retaliate. He wouldn’t discipline him when he was insubordinate with Mew at ASD. Mew backed down to TH every time. Jack Carson not his supervisor, not in command V had nothing to do with retaliation. He was required to investigate him. He didn’t want to. That that is retaliatory? That’s nonsense .
Fanning - come into fold meeting in Feb 4, 2014, not August. Established date with V.
Fanning will tell you he was attacked by Tony at meeting, back when Fanning was in the army - you are a malcontent. Nothing relates to JW???
Rick Brown arrives from Pennsylvania - was only here for 3 days prior, not exactly long experience
Now, let’s listen to B Christensen sitting here daily hearing these attacks on her. She was new to MOA. Brown belittled for working for pay from MOA. For always working with MOA attorneys in his work.
Then they pick on one lone comment out of 100s. They’re most proud of and dragged out again this morning Jan??? Brown didn’t agree or accept it in the slightest.
Brown not accepting sexual assault, because already being done - work by SAU - Tim McCoy was already doing it, didn’t want to duplicate SAU. She was ok with mentioning.
Removed to lab - it’s in Police headquarters. Had to move him out of SAU. No way he can investigate H and investigations of ???
Fanning complaint, not retaliation. Actually Henry retaliation of Fanning. Tracey said I don’t want to work for him. Fanning said, He may have ruined more careers than anyone at APD, BUT people like to work for him. Said two years before.
Tony Henry wanted to look at IA records so he could retaliate. It was a good decision [to block his access?] , but he went to arbitration and won. All the more puzzling why he refused arbitration, he could have been here.
Puzzling to me that Mew didn’t discipline him over ASD, didn’t discipline over ???, but not retaliation.
Corrosive - toxic employee - how to try to work something out with someone first, figure out way to resolve.[V had gone to conference and attended a panel on toxic employees.] Ultimately see if interested in some kind of buyout. But Tony Henry didn’t know about this because they never followed up on it. Not retaliation.
Evidence TH insubordinate publicly and all he got was a note in his file. Unreasonable? No.
IA investigation - not about JW , but failure of SAU command staff failed to come forward. TH was interviewed and not sustained.
Gets rid of first two chapters.
OEO
11:36am
OEO was settled. Protagonists Hebbe and Miller gone. We heard too much about Marilyn Steward had done. They did not acknowledge his insubordination. So it was considered a rogue report.
Henry repeatedly vilified Carson. Carson never once complained about Tony. He confided to Kerl, he’d gone to Redick was the right thing. Tapped on shoulder by Miller and testified at investigation, and that set off Henry. At funeral of good friend, called Carson IA snitch.
J: 5 minutes left.
P: In remaining time - investigation not flawed. Katkus confirmed sexual assaults. Tried to talk to Annie Kirkland, couldn’t be interviewed, but what she said at deposition wouldn’t have helped Tony’s version. Reason to go to K to tell him they would conduct investigation on base. He never told her about the Feb meeting, and he should have.
Phone call to K at 11 at night. What was he hiding?
Jury Instructions-?? Damages - you can’t speculate. Remember evidence - Thelan, his friend said Henry would retire at 60. Everyone you heard from who retired, retired in their 40s and 50s. Police work is a young man’s game. Foster himself acknowledges. None of the numbers Foster mentions ever came up as evidence in this court. His salaries at MOA and 3 Canopy all hearsay.
He could have cleared his name thru arbitration and “” commission? Now coming here to ask you to award him money.
Consider - he lied, properly terminated, no liability on good faith and fair dealing complaint. Thank yo very much I appreciate your time and what you’ve given on this important issue
Ray Brown: Inappropriate argument = not based on any evidence - inappropriate argument to jury, as matter of law settlement agreement. Didn’t want to interrupt. As to his legal conclusions is inappropriate,
J; already told them if they depart from facts or law to disregard. Already in.
11:45am
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