well you were instructed in the importance of writing a true and accurate report correct correct and do you think it's especially important to write a complete and accurate report when the accused man could face years in prison yes sir are you aware that the district attorney and judges use police reports in order to establish probable cause to file criminal complaints yes and judges use police reports to issue search warrants and restraining orders what does this have to do 6469 is is stalking stalking statute and again do you have any evidence of that no criminal threat statute is 422 just do you have any evidence that I made criminal threats I do not but you have no evidence isn't that correct that I did any of the things that that Bridges claim I did is that true personally no okay and well personally that's why you're here would you have any impersonal knowledge that I committed any of these uh alleged misdemeanors no judges at different times please sir please don't make speaking objections it's unethical I'm asking you if that's included please don't act please don't interrupt the deposition Mr Foley it's an incomplete question Isn't it past your cocktail hour it's it's 2 30. we're getting close well yeah I know and I refer to you on the internet as a drunken criminal is that true I don't know what are you are you a drunken criminal Kenny you have been subject to two separate civil rights and you're a liar and I passed the polygraph Mr Foley they are accurate Mr Foley you're dirty and you this case is dirty and you know it hey guys this is a deposition from an El Dorado California Deputy Marcus devani from 2015. the person conducting the deposition is Brian Smith who was facing multiple misdemeanor charges that the D.A decided to pursue based on this deputy's report throughout the deposition the accused gets the deputy to admit that he worded his report as if he had first-hand knowledge of the incidents but that he indeed had no knowledge or evidence of anything he submitted to the D.A the deputy even admits during the deposition that exculpatory evidence existed before his report was written that would have exonerated the accused but that he failed to include that in his report during the deposition he also has the nerve to claim that his time is being wasted this report was a direct cause of the arrest and loss of Liberty of the accused Brian Smith but this Deputy like so many others takes this very lightly and sees his victims loss of Liberty is no big deal just another day at the office I do Deputy devaney in January of 2012 did you conduct an investigation in Calaveras County California of alleged hang-up calls to Michelle Carr Bridges yes I did so you're asking me if what I wrote in this report is true and accurate yes yes it is okay and so you could say safely that you didn't write any false information about me or my activities or whereabouts no sir the phone trap revealed the phone numbers from which the annoying phone calls are being made from belong to s Brian Smith and that that means suspect Smith correct okay and you stand by that statement sir yes sir could you please look at this document it's these are the a t faxes and letters that you refer to in your report okay well the phone company in other words is telling you in clear simple language that they don't know who made the prank calls correct that's assumed yes it's assumed okay well and could if you could please take a look at this copy of my telephone bill do those numbers correspond okay and the exhibits I've handed you you admitted to indicate the numbers do not belong to me okay well in a nutshell did you send false information to the district attorney no you didn't so you think those these num you think the ATT is wrong um this is obviously a separate investigation but my initial report when I write it I write it true and correct so you're saying the phone not the phones the phone numbers do belong to me or they do not belong in my original report I did state that they do belong to you and in exhibit three they show that they're unidentified or unknown subscriber from ATT so that was false information you provided at the time no at the time you know well sir didn't you represent yourself as having information that you allege to be true my telephone numbers which you did not know to be true again as it reads in 2012 the phone numbers that I was given were known to be attached to you at that time known by whom these were from the victims well yes I know the victim said it was my phone and I'm saying that they're not telling the truth and I'm asking why you reported falsely to the D.A that these numbers belong to me I don't recall we report false information sir so so you're saying the ATT is incorrect um getting back to your report what color is my house in San Francisco I do not know where is it located I have no idea no idea would you refer please to paragraph three and read the last sentence Smith frequents the bay area where he has another home well did you write that I did well is it true the net the next to the last paragraph well if you consider the last sentence a paragraph Michelle told me that nothing is ever said on the phone well there you make a difference you say Michelle told you this correct correct and that's differentiated from the fact that you don't say that in the in the previous statements in the same report is that correct I don't start my sentence with Michelle told me correct my question is did you say in a declarative way that Smith frequents a bay area where he has another home yes you didn't say the alleged victims claim that Mr Smith frequents the bay area where he has another home did you it's assumed in this report because that's the style that we write in oh I don't think it is who assumes that I don't know you're arguing with him again who assumes that I assume that then oh you assume it well do you think the D.A assumes it well why do you think um why do you think the alleged victims claimed I had a I have a house in the Bay Area Bay Area that I frequent that's what they stated but what and I'm asking you in your experience as a as an officer why do you think they'd say something like that I have no idea sir you have no idea and yet you you made that statement correct well do you think it was to make me appear um that I had the the financial means to engage in sophisticated harassment do you think that could have been it I have no idea okay well do you think they might have said that because they searched my name on the Internet and came up with just a name like Smith and put that in there I can't assume that so you have no idea why they say that no sir you think they could have been lying it's possible what do you think is likely it's anything's possible well it says Christopher Hewitt Sergeant Hewitt approved the report what does that mean exactly that means that um my capacity at this point was a deputy I took the report once I'm com I've completed the report I submitted it for review and the sergeant will review the report and then approve it and sign his name at the bottom he'll review the report so he'll read it yes sir and how is it that do you think that he was unable to see these at T Communications reflecting the fact that they don't know who made the calls I can't assume that you can't assume it I'm not I'm not Sergeant Hewitt sir uh-huh well what's this usually well does he usually make up stuff do you think I don't know what you're talking about making up well it's not my house it's not my telephone numbers new judges at different times please sir please don't make speaking objections it's unethical I'm asking you if that's included please don't add please don't interrupt the um a deposition Mr Foley it's an incomplete question Isn't it past your cocktail hour it's it's 2 30. we're getting close well yeah I know and I refer to you on the internet as a drunken criminal is that true I don't know what are you are you a drunken criminal Kenny you have been subject to two separate civil rights and you're a liar and I passed a polygraph Mr Foley they are accurate Mr Foley you're dirty and you this case is dirty and you know it well are you tested would you state under oath that this is a clean case answer the question is this a clean case interrupting Mr Foley and A Few Good Men please stop making uh speaking objections that well you write Smith has not been able to be questioned regarding this case correct and what does that mean exactly that means that I have not been able to contact you in regards to your statement related to this report that I took well in the course and scope of your daily activities as a deputy sheriff do you have access to a pencil yes do you have access to a telephone yes you know I live in a rural area could you have left a note on my gate I have never been to your house sir well wouldn't my address be on the paperwork it would well sir now you know that the telephone company says they don't know who belonged to those phone numbers right as of I believe December 2nd 2011 at 2 30 yes a month before you wrote your report okay could could you not have easily acquired my telephone number to call me I could have but the numbers I was provided is what I attempt right and so you didn't you could have but you didn't these were the numbers I was provided and these were the numbers that I attempted calls to right so could you answer my question you could have but you didn't if I was given the phone number correct yes just make sure that you're not asking me leading questions as well well please don't give me advice if you don't mind you're testifying that you did not ask them for my telephone number so that you could call me I don't recall these exact conversation that this Report was generated from now so when you say that Mr Smith has not been able to be questioned would you call that a true statement yes even though you decided not to pursue the matter you're asking me a question based on asking if I had spoke to you in this matter at this time and I did not well so you're going to say there's no no further leads regarding his location in Calaveras County besides his address is that correct correct so what does that mean exactly you have you know where I live you could you know you can get a hold of my telephone number so what did you think I was flying around in a Lear jet at this time I was not provided an address and that's exactly what I stated well sir my address would be on the documents connected with the case wouldn't they they I would assume they would um you mentioned that there's a restraining order granted it would be on that as well wouldn't it correct and you say in your report that you're including that you had access to that in the report that you sent to the DA's office correct correct well sir you don't think that the way you wrote that that you sent to the um the D.A no further leads isn't that a just a fancy way of saying you you know we're too busy to do you know to do an investigation that is my way of saying that I've investigated this as far as I could at the time and there's no further leads it's regarding his location it sounds like you're an international Manhunt it sounds like a dramatic way of saying that um you know you didn't want to leave a note at my gate or telephone me would you agree with that not completely no not completely okay but partially in General Sir would you say it's best mm-hmm would you say it's best to talk to the accused man before you have them arrested when there are no witnesses to the alleged misdemeanor if it's possible yes and you're not saying that in this case it was impossible you're just saying you didn't do it is that correct correct in this report I did not unfortunately um no I understand that but if you're if you're suggesting that you're going to waste my time continuously then I at some point I do have to leave today well sir I'm not wasting your time you realize I I was arrested I'm being processed I understand that well do you think I have a legitimate interest to ask you why you wrote all this stuff you do but what Mr Foley's alleging is what I feel that you're doing is you're asking me questions that I can't honestly answer because I have no personal knowledge on them so in my opinion when you have no you have no personal knowledge right because you didn't conduct a thorough investigation you're asking me uh have you received any instruction or training with regard to writing incident reports yes what do you receive this instruction where where yes in the academy and in um on the job training well you were instructed in the importance of writing a true and accurate report correct correct and do you think it's especially important to write a complete and accurate report when the accused man could face years in prison yes sir are you aware that the district attorney and judges use police reports in order to establish probable cause to file criminal complaints yes and judges use police reports to issue search warrants and restraining orders what does this have to do sir these are valid questions and if you're going to make speaking objections go off the Record Mr Foley these are classic questions in any evidence course and you should know that how would you know what would you get it would you score on your boards I'm an attorney what did you score on your boards it's about 5 40. ouch it shows it figures should a true should a true and accurate report include exculpatory evidence in other words evidence that tends to clear the accused man of wrongdoing yes plate glass window of her office was broken so she's accusing me of that correct or she wouldn't have included it oh I it's not highlighted in my copy but yes I see where you're that's written okay so you see where She's accused me of that come on that I believe that's just a statement of fact that a plate glass window is broken at their office right but she would not have included this if she did not think I I was responsible correct correct okay then it goes on the next paragraph also in 2008 her window was broken again do you have any evidence that I did that I don't know any so in other words you have no evidence no and then in 2009 a brick was thrown through the front windshield of the bridges car do you see that sir I do and you have any evidence that I would do that no then if you could please look at well does it seem like she's basically included everything that's uh she's had to endure Through The Years every problem she's had I assume so yes this is pretty extensive are you sure are you aware that she's been through almost 30 lawsuits during this period no do you think someone whom she evicted or with whom she's had a lawsuit would be angry enough to break her windows it's possible and they could be suspects correct and caps she claims that I'm violating penal code section 6469 section 422 of the penal code and a section of uh Federal statutes which won't doesn't apply in this case anyway do you see that sir I do well 649 6469 is is stalking stalking statute and again do you have any evidence of that no criminal threat statute is 422 just do you have any evidence that I made criminal threats I do not okay well do you think that Mrs Bridges was acting reasonably in good faith when she executed the citizens arrest document yes but you have no evidence isn't that correct that I did any of the things that that Bridges claim I did is that true personally no okay and well personally that's why you're here would you have any impersonal knowledge that I committed any of these uh alleged misdemeanors no