Free Remark - District Court of Delaware - Delaware

, if Case 1:05-cv-003Al4ii y I- Document 50-10 Filed 05/3:; _ 5 Page 1 of I I- if -111
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UNITED STATES DISTRICT COURT _, _
EASTERN DISTRICT OF NEW YORK
PHILIP MESSINA, GEORGE DEMETRIOU § A- · ·* ;
Individually and on behalf of all other § ` W
Similarly situated, and derivatively § rl
On behalf of the AMERICAN SOCIETY § "
OF LAW ENFORCEMENT TRAINERS, § __
we 2 naaaa
§ Docket No. CV—04-0170 (TCP)
§
§ DECLARATION OF
§ ROBERT BRAGG
Plaintiffs, §
v. §
§
FRANK A. I-IACKETT, JR., ANDREW §
CASAVANT, GREG MEYER, er al. § .
g r—~ - ... .
2
Defendants. §
-----——--—-—·— - -----—- - ----·-—---------------- ---X co ` i'
I, Robert Bragg, declare pursuant to 28 U.S.C. § 1746, under penalty of perjury, that the following
is true and correct:
l. I serve as Program Supervisor of Fitness and Force Instructor Training for the Washington
State Criminal Justice Training Commission, located in Seattle, Washington. I have held
this position for 23 years. __
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. ies i
2. I am a duly elected Board Member ofthe Board of Directors ofthe American Society of
Law Enforcement Trainers (ASLET). I have been a member of ASLET since 1988.
ASLET is a non—proHt corporation, recognized as a 501-(c)—(3) charity by the Internal
Revenue Service.
3. In addition to my employment with the State of Washington, I have a private consulting
business which provides expert witness testimony in law enforcement use of force cases
nationwide, and train law enforcement oflicers in physical arrest tactics.
4. During the ASLET Annual Training Convention, on or about January 23, 2004, I had a
conversation with Glenn Young on the second floor landing of the Adams Mark Hotel, in
St. Louis, Missouri. During that conversation he related to me: that an intemal
investigation had cleared him from charges of wrongdoing; that the supervisors involved
were upset with the nature of the accusations; and that they were going to call their
"Advanced Tactics Team" together and go after Messina and look in "every oriiice" of his
business. Young explained to me that the "Advanced Tactics Team" consisted of
"attomeys and investigators from the CIA, IRS and FBI."
5. Subsequent to the Young meeting, I attended a previously unscheduled ASLET Board
meeting. During that meeting I relayed the information I received from Young to those
who were present. Attendees included Board Members and non-Board members, and
ASLET's legal counsel, present via speakerphone.

. Case 1:05-cv-00344-xy Document 50-10 Filed 05/3i.____ 5 Page 3 of 4
6. Events took place during Executive Session at that meeting which heightened my concern
about the information provided to me by Mr. Young which caused me to believe that Mr.
Young’s statements were more serious and valid than I had initially considered. Even
though I was the one that initially brought this information, I was admonished not to
discuss the details of these events as these events occurred during Executive Session.
7. Despite this admonishment from a corporate officer to the contrary, and knowing that this
could adversely aHect a potentially lucrative contract with Mr. Young’s agency, I felt that
it was in the best interest of ASLET that I inform Mr. Messina either directly or indirectly
with the information regarding the proposed actions, actions which I believe to be
improper.
8. Subsequent to the filing of the application for the Order to Show Cause, I received a phone
call from Tim Dees, a corporate director and ASLET corporate secretary, in which Dees
relayed to me his amazement at my involvement in this action and that Vice Chair Greg
Meyer was concerned that I may be an “information leak" in the Defendants' plan
surrounding this case. This attitude, compounded by the past advice by the Vice Chair
given at the June Mid Year Meeting, solidified my willingness to testify in this matter.
I declare that the information contained in the above paragraphs is true to the best of my
recollection.
datci 5 Y? "cg
R bert Bragg

AFFIRMATION OF SERVICE BY FIRST CLASS MAIL AND FACSIMILE
STEVEN M. LESTER, an attomey admitted to practice in the Courts of the State of
New York, affirms under penalty of perjury that on May 19, 2004, I served a true and correct
copy of the annexed DECLARATION OF ROBERT BRAGG upon the following attorneys at
the address designated by them, by delivering a true copy ofthe same enclosed in a properly
addressed envelope, in an official depository under the exclusive care and custody of the United
States Post Office Department within the State of New York and by facsimile on May 17, 2004.
NAME AND PARTY ADDRESS
McCARTER ENGLISH, LLP 919 N. Market Street
Attn.: Paul A. Bradley, Esq. Suite 1800, P.O. Box 111
Wilmington, Delaware 19899
Fax No. (302) 984-6399
CATHERINE M. MIRABILE, ESQ. 147 Pierrepont Street
Assistant United States Attorney Brooklyn, New York 11201
Fax No. (718) 254-7489
Dated: East Meadow, New York
May 19, 2004 . _
Y-»s£2.£l. 1
STEVEN M. LESTER