Free Motion in Limine - District Court of Arizona - Arizona

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Case 2:O3—cv—O1819-JAT D0cument216-2 FiIed12/O4/2006 Page10f4

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Carlos-Arthur Pewell )
)
`Plaintiff, )
l
ve. _-) CIV 03-1819 PHX-JAT (LOA}
)
F. ‘Gar-cia {Asst;. Warden-) )
C. Miles (Unit: Manager/B-rave) )
Scale-tz (Ins. Inv.) }
Tedd- Mehn (DI-IO .He‘ar;l.mg Offieerl)
J
De.fenda,n1:s_ . J
___ J
Eley, Arizona
May`21, QUO4
10:17 ·&1.m.
DE-POSITION OF CARLOS ART!-IUR POWELL
(Cczndems-e·d Transcript with word Index}
REPARED Fen; LITIGATION SUPPORT, INC`.
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j-- PREPARED BY: Karen NI. Nlemtschk
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Certl-fl‘ca‘te IND. 5 _ 77
Case 2:O3—cv—O1819-JAT Document 216-2 Filed 12/O4/2006 Page 2 ef 4

Carlos Arthur Powell Multi-Pagem May 21, 2004
Page -26 Page 28
1 right straight over there and 241 endl this, 1 from Bravo came to me and said, Powell, could} speak to
2 and I said these are the laws. Read it. Right there it 2 you? I sayssuiie. He says, 1 want to ask a favor. You
3 says ifone parent is acitizen and kidis under 18 back 3 lcncw-abbttt the law; I know enough tb getby. I want to ask
`4 in ‘96, '9’?, ‘93·, you are an American citizen by law. You 4· you a question about this motion that somebody just- sold
.5 become automatically; After that changed it now. 5 I says, just sold you a motion? He says, yeah. I
is canft -- they don"t-do it. But you fell under this so, you 6·· says, ob, I only- know of five people that know anything
7 know, this applies to you back then. `7 that resembles.-doing research, Sheppardizing, organimtion,
=8 Okay. A-nd this is what I was trying to tell B" anything. So he says, Ibmra and Navarro.
9 him-. Botthis 1`barra wastelliug that he eould 9 I saysglet me see the motion. And when he
10 charge him -· excuse mc. Scratch that. He- could do this 10. showed it it was amotion that I P“’P¤1¤L whited out
11 for him with this letter. 11 with the names and, YOU know, and Yh¤Y hfid
12 Q. What did Ibarra get for doing this for 1.2 their own little numbm and whatev¤· were.
13 gays? 13 So let me see that. Come Let
14 A. Off the record, Ms. Miles might goback 14 me ··· I took him to Mr. Karen, which is the law librarian,
I5 and tell him because she's his olassiiication, so. if she's 15 and I says, Mr. Karen, look what they're doing. Isays,
16 not goirigto tell him what I said, I will tell you. I6 these people don't read English are actually going to sell
17 Q.Wel1, this is a deposition. I'? motions. That molism doesn‘t fit this This man
IS A-Yes, 18 doesn't have-but an 18-month sentence. He can‘t get acut
19 Q.You‘re_under oath. 1.9 of 12 and-can't‘go to adrug He‘doesn'-t‘
20 A. Yes, sir. 211 even have--a drug record. U
21 Q. You have an obligation to answer question 21 And Mr. Karen, which is the librarian told me,
22 regardless- of what she may- do with the information. 22 you need to report this to-somebody. I said, 1 ean‘t._ That
221 A.Well, I'-in in enough prob1etns.an‘d -I 23 would be saying_I·'ru So I did a requestand I
24 don'.t think I want to face some more retaliation. 24 gave the asking Mr. Sipcs fer to what
25 Q.I don't anybody in this ins1:iti1tion· is 2,5 they-'-re doing with these-legal --
Page 27 Page 29
1 looking to harm you, quite frankly, but the bottom line is 1 Q. Who is Sipes?
2 this, why don‘t you tell me what was going on so that] 2 AHc is a principal ofthe school.
3 know? 3 Q. Why would you send request to him?
4 A. Mr. Garcia and Mr. Navarro- were selling motions 4 A.Beca1.1se he is the only oneethat has etmtrol of
5. that I had done, that I did for 5 the library. Mr. Karen told me 1:hat‘s who I should report
6 Q.Wait a minute. Mr. Ibarra or -- 6 it-=‘to. So I did. I and requested askixag that he
7 A. Ibarra and Navarro. ? should check with what 1i1ey‘re doing with the
3 Q. Mr. Ibarra and Mr Navarro are selling motions? 8 and that these-guys are people for legal work.
9 A. That 1 did. 9 this something- you put in writing?
10 Q. That you prepared? 1.0 A. Yes, sir, -I did. And I received a response
ll A. Yes, sir. I did a 28 U.S_.C. 2241 for 1.1 bask telling me unless I could get somebody-to write an
12 Mr. Navarro. 12 affidavit that-he.didn't care what they did, and dido't care
13 Q. All right. .-13 if did charge.
14 A.-Who was Colombian- He worked in the 14 So Mr. Karen told me, he says, that"s all I can
15. He was a And I did it for help-him getsome 15. tell you to do. I didn't do aitny-more, I wentuto them md I
16X time ofi get time off his a-{masse. We typed it up and it 16 told both of them, I said, listen. If I see one more of
17 was about 18 pages long mid I different 17 them motions going out of here like that, I QYSI Phi Eoifig
IS situations- ·-Mr. Ibarra asked - Navarro asked to quit 1B` to take it out in the to the guys and I‘m to. tell
19 the I was a clerk. So I went to Miss Wright-ind 1 19 them that ydu all- have been charging them for garbage. This
20 talked, and Miss Wright dismissed him from the ldtohen `2{1 isgarhage. It will not work unless i1:Fs ‘-designed for the
21 because he had been working there as a cocklike that. 21 individual. lt's got to have his his violations, his
22 He started going to. the. law library regularly. 22- whole baekgroimd. I say, what you are all doing is
23. I didn"1know because I didn-'t ask him in 23: Q.You told thisto Zbarra and Navarro?
24 Miles' dorm and I was in Charlie. 24 A. Okay. With a-friend of that was
25. An elderly guy with a hand that was crippled 25 Qi. Who was-with you'?
Case 2:03-cv—O1819—JAT Document 216-2 Filed 12/O4/2006 Page 3 oliaic 26 Pagc 29

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1 (Proceeding resumed at 12:20 p.m.)
2 Q. 'BY MR- BOJANOWSKI: Mr. Powell, we’re going to`
3 go -- I don’t have any further questions of you.today. You
4 have.a right to review and sign a copy of the transcript-of
5 this deposition should it be so transcribed and arrangements
6 would be made to-do that if you so desire. That*s
7 essentially to double check as to the accuracy of everything
8 that’s been taken down here. You can't change your
9 testimony. There is-an errata sheet that you write down on
10 the back page and you can say, well, this is what I said,
11 and it’s up the court then to make-its determination, but
12 ‘yeu Can either.exercise that or waive it, you know, and
I 13 ·trust that she's taken it down exactly what you said·and
14 what I've said. And that’s up to you, but you have-to
15 indicate for purposes of the record what you wish.
16 A. I would like to review it, please.
17 Q. Okay. Arrangements.wil1 be made.
18 (The deposition concluv 6 »t 12:22 p.m.)
$ av
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-CAR-LOS sowsm.
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LITIGEXTION SUPPORT, INC. (480) 42;:1-0649-
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