Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 1 of 11

Exhibit J
Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 2 of 11

Unitestates Dist
Norther District irk

•
 Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 3 of 11

Answer 2

I was admitted to practice haw in New York Seate on orotFe6ink% 26,2009.

/
Melanie S. Carden

Interrogatory 3

State your dates of employment at the Onondaga County District Attorney's Office.
/ s eh t

Answer 3 7

.";zz:z;«=baa«om=hod
.T .· · · i!i!,:··· . ·. · .
Interrogatory 4

State your present

• v

Answer 4

{z.5z7 /«so

%State w
attached hereto
 Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 4 of 11

Inerrogatory
t 6
investigate.
State whether you were assigned to or prosecute matter concerning the
any
plaintiff, Kevin Murphy, including, but not limited to, that termed the "incident which occurred on
June 24, 2017 (hereinafter "incident which occurred on June 24, 2017or "the occurrence") and
by whom. Exhibit A. Et ts sit
Answer 6

E:tr:razz:zzrerr.';
%.de. -
«sos ii

55525.55155£ %tr

4ma befits±pig spat

Based on my partci ipation in meetings on or about April 10 and April 15, 2019, regardingthe
investigation related to Kevin Murphy, I have reason to believe that myself, William J. Fitzpatrick,
Kenneth H. Tyler, Lindsey M. Luczka, Alison B. Fineberg(deceased), and Domenic F. Trunfio

ENE/NS
Interrogatory 8
•
..:::
documents complainin
and where theyare stor
ther»wise were
:other official
cuments wer e

••
IE

·.J
Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 5 of 11

Answer 8 . . .. . . . . . ..

I was aware of an investigation regarding Kevin Murphy which was closed without prosecution
on or around the end of April, 2019. I recall reviewing a target letter addressed to Mr. Murphy in
or around February of 2019. I have seen and read other documents related this investigation,
however, I cannot recall specifically what documents I reviewed, or under what circumstances.
in
Based on my review of the investigative file notes, I participated meetings regarding the
investigation on or about April 10, 12 and 15, 2019.This file and associated notes are
maintained
by the Onondaga County District Attorney's Office. Zs#tit
1A
s le.

• •.
:z=rs.ts
and where the complaint was originally filed
.7. • a

AMsrer s
I am not personally aware of how or whetl complai as referred to the
Onondaga County District Attorney's Offic

.. ·.·· . '

10
Interrogatory
State whether you formec raiet
against Kevin Murphy in what ha occurred o
June 24, 2017" evinced probable what facts,
.
circumstances or evidence yc"

·
onclusion
"

d with the
z
 Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 6 of 11

Interrogatory II

State whether the ele�ents of the crime of Official Misc�nduct were satisfied by the facts
of the "incident which occurred on June 24, 2017 and what facts satsi fied those elements.
·.:. . .· ·· . ."·:·-·· ..

Answer 11
supported
I do not independently recall which elements of Official Misconduct were or were not
by the facts learned as a result of the investigation into the "incident which occurred on June 24,
to
2017." However, on or about April 15, 2019, when I was asked participate in meeting with a
Lindsey M. Luczka, William J. Fitzpatrick, Kenneth H. Tyler, and Alison B. Fineber,g I agreed
with the conclusion that the information at our disposal did notwarrant criminal prosecution, and
concurred with the decision to close the investigation. .

·:. . . .mad= -< , .·

"1...............-..
Jury and the outcome of this proceeding.Exhibit A. ii

~
0

Objection to inte «
are secret and Melanie S. Car substance of any grand
.4
jut y testimony, evidence, ,•,: ..
or ••• -'· ., ....
_
' - <(

·.·,.•):,�,. :,i;:.

.
:i..

. writ
.
Interrogatory13
State whether t

0...
 Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 7 of 11

Answer 13
grand proceedings
13
Objection to interrogatoJY on the CPL 190.25 (4) grounds that jury
are secret and Melanie S. Carden is prohibitde from disclosing the nature or substance of any grand
jury testimony, evidence, or any decision, result, or other matter attending a grand jury proceeding.

Interrogatory 14

.State whether you broughtany problems or deficiencies for lack ofprobable cause in this
matter to the attention of Alison Fineberg, Esq., then Chief Assisat nt District Attorney Domenic
F. Trunfio, DA William Fitzpatrick and/or other supervising
. .. · ... : .. ·.
any members
of the DA's office.
•.
_· ::::::
Answer 14
.. > .•... •· ··• · . • +: ;,:j;�';'
· .. .....
I was not assigned to any investis-'ion regarding KevinMurphy,and only became involved in any

2.mzNt5725#.+.1.
~t
7=
that the information at our dis
decision to close the investiga
lid not warrant criminal prosecution, and concurred with the
@di,ti%jgs, s

57777

Interrogatory 15 %8
·:.:• ··.. . : #%Es
. State an recommendations you received from
William Fitzpatr , provide saidcommunications.
Answer 15

Onor aboutbet
team to attemp
June 24, 2017.
I was part ofth
 Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 8 of 11

Interrogatory 16
assistanceyou,
State any direction, orders, comments, criticisms, recotnrrlendations or
received from Lindsey Luczka. If written or electronically transmitted, provide said
communications.

Answer 16

when the team was asked to interviesw attemptto Amy Murphy, Lindsey Lcake,Alison Fineberg,
Domenic Trunfio and I decided that I should call Ms. Murphy; since I was not extensively
associated with the investigation or pending lawsuit, we felt it would be less confrontational than
i if Ms. Luczka or Ms. Fineberg called since they were named defendats. n y

-EA

. . .
: ·\�\:� '><···, ·. · .. ' .
Interrogatory
�
17 ifs
· . . . . .':-· -� · . .

.s
Alison Fineberg.

When the team was askedto at

o said communications.
If written or electronically transmitted, prvide
Te
[urphy,Lindsey Luczka, Alison Fineberg,
• Domenic Trunfio
and I dcided
e th :·,n
:_•,_:·
·•·•,
.:
,:·,,t
. ·.;'g
,i.
'.::'.
, Murphy;since I was not extensively
3.
.·
:

: I .: . . ·. •_· • :.:rf·.s.:�. i!�d,c. ·;

. · '. ·
���t;.· i·. '.;tf::' h. e�lli:\):�l:l��:�J,o�t1:ontatipnal thap ·. • '·.
.

57i

.. . .
.. . ·.
.

State wt ants Wlliam

i Fitzpatrick,

' �
c;trans
electronically
,
" • • .. ' >
zz:e- '•: .... ",'.( 'y ',''
 Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 9 of 11

Answer 18
Fitzpatrick
I was not present for any discussions between William• and Eugene Conway or al

.n..
other members of the Onondaga County Sheriffs Department. . i

de
.23e . s

1.--..-.-
and Domenic F. Trunfio and
investigation and, if'so,
any other members ofthe DA's office concerning
indicate mhedate/tieand content.of+i"cs»on,
the occurrence

Answer 19 t

I participated in a meet
Fitzpatrick, Lindsey
status of the inve
.. · . .· · ..

Iparticipa
Fitzpatricl
t
staus I

. ,:,·� -
.877 7

dsey M. Luczka, Alison B. Fineberg

1y Murphy. We decided that I

">
zzei
/k· ,:�;>(;··
• how toproceed with the
and indicate the date/time
) involved. If written or
•<•"••:• • .: •,;,/ , ,_, : • •, •,
 Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 10 of 11

:: ·_:/.
:
..
(
·
·.=. · .... -

Answer 20

I do not recall any other supervisors being involved in the investigation.

�.,, i··: . ;,

%
.4,4
Interrogatory21 s.#

paws»moss»sores icierrt%%6are«
committed by the Plaintiff and, if so, statetheir namesand the dates/time of the interview.
o% 9e
.ia%.%.... t

Answer 21

Bas«cons»«eve6toe me%ts,6r%ts%cs %at a,2ot9,%press sac1%«ti,aei is

meeting or meetings, or otherwise communicated with New YorkState Troopers Seifriend and
Nackley regarding a warrant executior related tothe investigation. I no independent have
recollection or mis mes@e.orwbywe were a «e toilowopwit esediimals.
•. < .·,· ··· · ·•· .. ·• > . .
. :: .·:_· ·::
..

i. . .. ·· ·...,
•< . ··;;;'. ·.' ....... : •. ' .

taler2alory 22 w_

At any timeprior 's office work

with Kevin Murphy in memoranda or
records concerning
..... ..
the .f''f . '•:• ,,,,1,,· ,';'

Answer 22 %

=±as
.... ·. :- ,. I

Ido not person

.3

Attorney. I canr
under what cirtc

ings and/or
Case 5:18-cv-01218-GLS-CFH Document 202-11 Filed 05/05/23 Page 11 of 11

Answer 23

I am not personally aware of how the information underlying this investigation reached the
Onondaga County District Attorney's Office; I do not know if a traditional complainant existed,
orwhether said person was advised of anything regarding the investigation. Between on about or
April 15, 2019, and April 29, 2019, the investigative team discussed drafting a letterto the
Onondaga County Sheriff's Department Internal Affairs Department regarding our findings. Ido ?

==:±-a;7z Melanie S. Carden

Interrogatory 24 [f ti#
~;;
.h,. � . :_:(\tJ:re.�>:: : ... ,':':
j.
.. ·· -_ .··•>·;�·
of the proceedingsand/or any
. ··:-·-= .. ==== _ • . .. .·, ._
,� =

State whether Kevin Murphy was notified of the outcome j

decisionnot to mrosecnte. Ifso. ileise

provide mosscommunications its,
Answer 24 Ero
tel it sf
Between on or about April 15, 2019,andApril z9,2019,me investigative team discussedcaning
a letter to the Onondaga County Sheriff's Department Internal Affairs Department regarding our
findings. I do not have anypersonal wledgeofwhetherthis letterwas sent, or towhomit was
addressed. I am not in possession of« drats
./.
f or finalversions othis
f letter. i l

±.
aga Department ofLaw
' ,,, .-�',,
Civic Center, 10"Floor
... ,,, th '·,',,,

yStreet
202

757
slerjr@ongov.net
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