# Joint Appendix — Pennsylvania State Police v. Suders

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385014_0695%3A06

## Record

- **Collection:** Supreme Court brief
- **Document type:** Joint Appendix
- **Published:** January 1, 2004
- **Citation:** 542 U.S. 129

## Text

Supreme Court, US
FiLtov

JAN 7? 0 2004

a

| |
No. 03-95 | OFFICE OF THE CI ERK_

In the Supreme Court of the United States

PENNSYLVANIA STATE POLICE,
Petitioner

Vv.

NANCY DREW SUDERS,
Respondent

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT
OF APPEALS FOR THE THIRD CIRCUIT

JOINT APPENDIX
JOHN G. KNORR, III DON BAILEY
Office of Attorney General 4311 N. 6th Street
15th Floor, Strawberry Square Harrisburg, PA 17110
Harrisburg, PA 17120 (717) 221-9500
(717) 787-1144 Counsel of record for

Counsel of record for petitioner respondent

Petition for certiorari filed July 14, 2003
Petition for certiorari granted December 1, 2003

|

1

4

6

4
22

. 29
33
37
50
52
64
123
130
131

PSP Sexual Harassment
Stacey Gelvin

certiorari

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Smith-Elliott

of
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of Vi

DOCKET ENTRIES
SUMMARY JUDGMENT PAPERS
Plaintiffs Counterstatement of Material Facts
of William D. Baker
ic D. Easton ....
ic B. Prendergast
irginia
Declaration
REVIEW
Note. The decision of the Court of Appeals is
reprinted in the appendix to the petition for
at la.

PLEADINGS

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U.S. District Court

Middle District of Pennsylvania (Harrisburg)
CIVIL DOCKET FOR CASE #: 1:00-cv-01655-SHR

Suders v. Easton, et al

Assigned to : Judge Sylvia H. Rambo

Referred to: _ Date Filed: 09/18/00

Demand: $0 Jury Demand: Plaintiff

Lead Docket: None Nature of Suit: 440 Civil Rights:
Related Cases: None Other

Case in other court: None Jurisdiction: Federal
Question

Cause 42:2000 Job Discrimination (Sex)

09/18/2000 1 COMPLAINT-N/C to counsel. Jury
Trial Demand. Receipt #: 132187 Amt: 150.00 (related
to 1:00-CV-670) (pm) Modified on 09/19/2000
(Entered: 09/19/2000)

“_**e**

11/17/2000 6 ANSWER by defendants to pitf's
complaint and c of s. (jc)(Entered: 11/20/2000)

**e eee

05/31/2001 14 MOTION - by defendants for summary
judgment Cert. of non-conc. (c/s) (am) (Entered:
05/31/2001)

05/31/2001 15 STATEMENT OF FACTS - by

defendants in support of motion for summary judgment

[14-1] (c/s) (am) (Entered: 05/31/2001)
05/31/2001 16 APPENDIX - filed by defendants in

support of its motion for summary judgment [14-1]
(c/s) (am) (Entered: 05/31/2001)

l

05/31/2001 17 BRIEF - by defendants IN SUPPORT of

motion for summary judgment [14-1] (c/s) (am)
(Entered: 05/31/2001)

ee *

06/25/2001 20 BRIEF by pitf Nancy Drew Suders IN
OPPOSITION to motion for summary judgment [14-1];
reply brief due 7/9/01; with c/s and propo. (sc)
(Entered: 06/26/2001)

06/25/2001 21 COUNTERSTATEMENT OF
DISPUTED MATERIAL FACTS by pitf Nancy Drew
Suders [15-1]; with c/s. (sc)(Entered: 06/26/2001)

07/12/2001 22 REPLY BRIEF by defendants in
support of motion for summary judgment and c of s.
[14-1] (jc) (Emtered:07 / 13/2001)

08/16/2001 23 MEMORANDUM AND ORDER: by
Judge Sylvia H. Rambo: IT IS HEREBY ORDERED
THAT: 1. Defts’ motion for summary judgment on all
counts of plf.’s complt. it is granted; (2) The clerk of crt.
shall enter jgm in favor of defts. and against plf. and
close the case. [14-1}(cc: all counsel, Crt. & Security)
(am) (Entered: 08/16/2001)

08/16/2001 24 JUDGMENT: Entered by the deputy
clerk; IT IS ORDERED AND ADJUDGED that SJ be and
is hereby entered in favor of the defts., Eric D. Eason,
William D. Baker, Eric B. Prendergast, Virginia Smith
and The Pennsylvania State Police and against the pif.,
Nancy Drew Suders. Case terminated (cc: all counsel,
Crt. & Security) (am) (Entered: 08/16/2001)

09/10/2001 25 NOTICE OF APPEAL by pitf Nancy

Drew Suders from District Court order & jgm filed
8/16/01 [23-1] (Filing fee paid, TPO mailed, cert copies

2

of noa, order & jgm being appealed, & docket entries
w/ info/ack Itr., [24-2] to USCA. (cc: cnsl, Ct.) Receipt
No. & Amt: 111 134771 $105.00 (sc) (Entered:
09/12/2001)

*_*e*e* *

05/12/2003 30 JUDGMENT of USCA (certifies copy) -
IT IS NOW HERE AND ORDERED AND ADJUDGED by
this Court that the Order of the said District Court
entered on 8/16/01, be and the same is, hereby
REVERSED AND REMANDED for a disposition on the
merits of pltf's clms pursuant to Title VII of the Civil
Rights Act of 1964, 42 USC 2000e against the PA State
Police. [25] Notice of Appeal filed by Nancy Drew
Suders. (sc) (Entered: 05/13/2003)

05/13/2003 3] NOTICE from court re. the schd’ng of a
cmc for 6/23/03 @ 9:15 am; this conference is by
phone and the call is to be initiated by the pitf. (ma,)
(Entered: 05/13/2003)

06/03/2003 32 MOTION to Cancel Scheduling
Conference and Stay Proceedings filed by dfts Baker,
Easton, Smith Elliott, Pennsylvania State Police &
Prendergast; with c/s. (Attachments: #] Cert. of Conc.
#2 Proposed Order) (sc) (Entered: 06/04/2003)

06/04/2003 33 ORDER granting 32 Motion to Stay;
Sched conf of 6/23/03 is canceled Signed by Judge
Sylvia H. Rambo on 6/04/03 (ma,) (Entered:

06 /04 /2003)

GENERAL DOCKET
US Court of Appeals for the Third Circuit

Court of Appeals Docket # : 01-3512

Filed:9/ 18/01

Nsuit: 3440 Civil Rights: Other

Suders v. Easton, et al

Appeal from: U.S. District Court for the Middle District
of Pennsylvania

Lower court information:

District: 0314-1 : 00-cv-01655

Trial Judge: Sylvia H. Rambo, District Judge
Date filed: 9/18/00

Date order/judgment: 8/16/01

01-3512 Suders v. Easton, et al

9/18/01 CIVIL CASE DOCKETED. Notice filed by
Nancy Drew Suders. (tyw)

eee ©

4/11/02 ARGUED Thursday, April 11, 2002 Panel:
McKee, Fuentes Circuit Judges and Pogue, U.S. Court
of International trade. (eh)

4/16/03 PUBLISHED PRECEDENTIAL REPORTED
OPINION (McKee, Fuentes, Authoring Judge, Circuit
Judges and, *Pogue, Judge of International Trade),
filed. “Honorable Donald C. Pogue, United States Court
of International sitting by designation. (tyw)

4/16/03 JUDGMENT the order of the District Court
entered on August 16, 2001 is reversed and remanded
for a disposition on the merits of plaintiff's claims
pursuant to Title VII of the Civil Rights Act of 1964, 42

4

U.S.C. section 2000e, ZZ_et ZZ_seq., against the
Pennsylvania State Police, filed. (tyw)

5/8/03 MANDATE ISSUED, filed. (cmd)

5/8/03 RECORD released. (cmd)

oe —— aaa

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

NANCY DREW SUDERS : CIVIL ACTION LAW

Plaintiff, :

: NO. 1-CV-00-1655
v. :

ERIC D. EASTON,
WILLIAM D. BAKER, :
ERIC B. PRENDERGAST :

VIRGINIA SMITH- :

ELLIOTT, AND THE

PENNSYLVANIA STATE =:

POLICE, +JURY TRIAL DEMANDED

Defendants

INTRODUCTORY STATEMENT

1.) This is a civil rights complaint brought to redress
grievances for sexual harassment and retaliation where
plaintiff was forced to endure an insulting, humiliating
work environment, and for being forced to suffer a
termination of employment because she would not yield
to sexual suggestions, innuendos and solicitatious
behavior. Plaintiff also suffered discrimination because of
her age and political affiliation.

JURISDICTION AND VENUE

2.) This Court has jurisdiction to hear these claims
under 28 U.S.C. § 1331 and 28 U.S.C. § 1343 (a)(3) and

6

(4). Jurisdiction is also conferred under 42 U.S.C. 2000
et seq. (Title VII) as a remedial statute.

3.) This Court’s supplemental jurisdiction is invoked
under 28 U.S.C. § 1367 because plaintiff also brings a
supplemental state claim under the Pennsylvania Human
Relations Act.

4.) Plaintiff additionally claims redress under the
provisions of the Age Discrimination in Employment Act
of 1967.

5.) A jury trial is demanded.
6.) Punitive damages are requested.
7.) Attorney’s fees are demanded.

8.) Venue is properly in the Middle District because all
parties, witnesses, events, and other facts are common to
Fulton County which is in the Middle District.

OPERATIVE FACTS

9.) Plaintiff began working for the Pennsylvania State
Police (PSP) on or about March 21, 1998.

10.) Plaintiff was subjected to insulting, harassing,
solicitatious sexual remarks and embarrassing,
humiliating, sexually suggestive actions by the
defendants more fully described as follows:

a.) Eric Easton made suggestive comments about
panty hose.

B.) Apparently emulating TV wrestling, which he

worships, Cpl Baker would stand up, cross his hands in
an X motion in front of his body, then take his genitals in

7

a ee eee ~—

his hands and scream “suck it”. He did this on many
occasions from when plaintiff was hired until she was
forced to resign in August 1998.

C.) Baker had a picture of a wrestler on his wall
making the same motion.

D.) In early April 1998, Sgt. Easton was talking about
his wife, commenting how she had little breasts.

E.) During plaintiff's performance evaluation in May

1998, Sgt. Easton began talking about people having sex
with animals.

F) In June 1998 Cpl. Baker commented that an
African American PSP trooper married a white woman
because she “had an ass like a Black woman”.

G.) PCO Strait asked Cpl. Baker if he could rub the
hair on his legs.

H.) Cpl. Baker, reciprocated by rubbing Strait’s back
and saying romantic things. Both Baker and Strait
—— this display was humorous. Plaintiff was

ended.

I.) Prendergast regularly harassed plaintiff telling her
he was “watching” her and that “we'll” see that she was
the last political appointee who had a job there at the
substation.

J.) Baker than said his wife was getting her nipple
pierced and then that he was getting his penis pierced.

K.) Easton and Cpl Prendergast had a conversation in
plaintiff's presence, knowing and intending that plaintiff
hear - saying that if one had a daughter it would be
desirous to teach her how to give a “blow job” and after

Prendergast laughed, Easton exclaimed he was serious,
he would teach his daughter to “give a blow job”. Plaintiff
was extremely upset over being exposed to this terrible
colloquy.

L.) During plaintiff's job performance evaluation by
Sgt. Easton, in July 1998, she was told that she was not
going to receive a good review. Comments about sex with
animals was repeated by Easton for some strange reason
unknown to plaintiff, and plaintiff was told that PSP
management was aware she was frightened and afraid of
losing her job.

11.) On or about August 1998 the plaintiff called the
PSP affirmative action officer Major Virginia Smith Elliott.

12.) Elliott told plaintiff to get a form to fill out but
refused to help her further.

13.) Plaintiff was also harassed and ridiculed by
Easton and Baker over her age:

A.) Easton commented sarcastically to plaintiff on one
occasion, in reference to her age “its awful getting old
isn’t it” as a way to put plaintiff down in commenting on
her job performance.

B.) Easton told a friend of plaintiffs that a 25 year old
fresh out of college could catch on faster than plaintiff
could.

C.) Baker commented several times that he should
call plaintiff “mamma” because of her age.

D.) Easton called the Republican County Chairman
and requested a meeting, telling the chairman that he
was sending plaintiff to Bedford County, Easton had
(meaning by the Governor’s office), told plaintiff that she

9

had political influence, (meaning through the Governor’s
office) and that he wanted her to help get his son a job.
Plaintiff did not respond to Easton, and believes, on
information and belief, that he retaliated against her for
not helping him.

E.) When Baker asked plaintiff how long she had been
married, and she replied 38 years, he taunted her in
response “Than I can call you mom”

F.) Baker at times, would refer to plaintiff as “mamma”
when giving directions.

14.) Plaintiff at all times suffered from defendants’
misconduct, and their harassing, discriminatory
behavior, and, because they knew she was not receptive
to their sexual suggestions and insults, defendants were
increasingly more suggestive and insulting.

15.) When plaintiff refused to assist Easton with a
request to help him place his son (Easton believed
plaintiff had “political influence”, and when plaintiff
reacted adversely to defendants’ excessive familiarity to
other females in the office, the defendants continued
their escalating policy of progressively harassing plaintiff
more and more.

16.) Plaintiff had taken a computer test, on Easton’s
orders, for the PSP, that was to be forwarded to PSP Head
Quarters.

17. ) On or about the end of July 1998 plaintiff was
using the ladies room at the substation while at work.

18.) In the ladies room were 2 dressers, a shower,
(and a bed). The dressers were unmarked, are no one’s
personal property, have no signs or notices on them, are,
unlocked, and had never been identified to plaintiff by

10

anyone as theirs or anyone else’s property.

19.) On the night in question plaintiff noticed a drawer
partly ajar to one dresser and looked in.

20.) Out of simple curiosity plaintiff opened the
dresser drawer and found it had thong bikinis, bras, and
negligee nighties. Plaintiff looked further.

21.) In another drawer was a group of papers
containing personal information about plaintiff including
the computer test which Easton had ordered plaintiff to
take and which was to be forwarded to Head Quarters.

22.) Plaintiff replaced the papers and raised the issue
of her test with Easton. As he responded she realized the
testing she had to undergo was a ruse and she had been
lied to by Easton.

23.) When plaintiff went back to the dresser drawer to
check to confirm that Easton and Jody Lancaster, A PCO,
who also lied to plaintiff, was involved in the plot against
her, she took the papers, which were now in an envelope,
and she replaced them with plain paper.

24.) Later she checked the drawer again to see how
Easton and Lancaster responded and got powder on her
hands which had been placed there, and throughout the
ladies room, by the PSP, at Easton’s urging.

25.) Easton, and other PSP operatives then began
threatening plaintiff with the absurd proposition that she
had committed a crime ie. had “tampered with
files” by virtue of her having investigated why her
personal papers were in an unmarked dresser drawer
with a plethora of intimate sexy apparel, near a bed, in a
ladies room, in a PSP substation.

11

26., The defendants repeated this ridiculous threat
designed to intimidate plaintiff in their PHRC Answer,
replete with an alleged opinion from a district attorney,
that they had probable cause to bring criminal charges,
but did not do so, ostensibly because of the DA’s
suggestion to handle it internally.

27). Regardless, when defendants, by and through
PSP operatives, on August 20, 1998, threatened plaintiff,
she felt she had no choice but to resign, and did so out of
fear, and because of the threat of a malicious and
vindictive investigation and prosecution by the
defendants.

28.). Plaintiff, on August 18, 1998 had formally
requested help from the PSP affirmative action officer
Virginia Smith Elliot who refused to take her telephone
request for an investigation, instead telling her she had
to make a formal written request, which is against stated
PSP policy, and thus in violation of plaintiffs rights
pursuant to 42 U.S.C. § 2000 et seq. (Title VIII).

29.) Paragraph 1 through 30 above are incorporated
by reference herein.

—

30.) The defendants Easton, Baker, and Prendergast
were all plaintiffs supervisors and they all subjected
plaintiff to a humiliating debilitating work environment.

31.) The defendant Elliot owed plaintiff a duty of care
consistent with PSP policy.

12

32.) The defendant PSP is vicariously liable under the
facts of this case to the plaintiff.

WHEREFORE plaintiff demands judgement of the
defendants for the deprivation of her federally guaranteed
rights under 42 U.S.C. § 2000 et seq. together with fees,
costs, attorney’s fees and such other relief as the Court
may deem appropriate.

COUNT Il

PENNSYLVANIA HUMAN RELATIONS ACT (PHRA)
AS A SUPPLEMENTAL STATE CLAIM

33.) Paragraphs 1 through 32 above are incorporated
herein by reference.

34.) The defendants have violated plaintiffs right to be
free of unlawful violations composed of gender based
discrimination and harassment pursuant to the PHRC.

35.)Plaintiff has exhausted her administrative
remedies, receiving a right to sue letter from the U.S.
Department of Justice dated August 21; 2000. Plaintiff
received this letter on or about September 2000.

WHEREFORE plaintiff demands judgement of the
defendants for the violation of her rights under the PHRC
together with fees, costs, attorneys’ fees, and such other
relief as the Court may deem appropriate.

[Signature omitted in printing]
[Certificate of service omitted in printing]

13

Mie

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

NANCY DREW SUDERS -: CIVIL ACTION LAW

Plaintiff, :
: NO. 1-CV-00-1655
Vv. :

ERIC D. EASTON,
WILLIAM D. BAKER, -_ =:
ERIC B. PRENDERGAST :

VIRGINIA SMITH-

ELLIOTT, AND THE

PENNSYLVANIA STATE =:

POLICE, : JURY TRIAL DEMANDED
Defendants :

Defendants, by their attorney, submit the following
answer to the complaint.

FIRST DEFENSE

The numbered allegations of the complaint are
answered as follows:

This numbered paragraph contains conclusions of law
to which NO RESPONSE is required. To the extent they
are deemed factual, they are DENIED.

1. This numbered paragraph is a statement of

jurisdiction to which NO RESPONSE is required. To the
extent it is deemed factual, it is DENIED.

14

2. This numbered paragraph is a statement of
supplemental jurisdiction to which NO RESPONSE is
required. To the extent it is deemed factual, it is DENIED.

3. This numbered paragraph is a statement of a claim
under the Age Discrimination in Employment Act to
which NO RESPONSE is required. To the extent it is
deemed factual, it is DENIED.

4. This numbered paragraph is a request for jury trial
to which NO RESPONSE is required. To the extent it is
deemed factual, it is DENIED.

5S. This numbered paragraph is a request for punitive
damages to which NO RESPONSE is required. To the
extent that it is deemed factual, it is DENIED.

6. This numbered paragraph is a request for
attorneys fees to which NO RESPONSE is required. To the
extent it is deemed factual, it is DENIED.

7. ADMITTED.
8. ADMITTED.
9. DENIED.

A). DENIED as stated.
B). DENIED.
C). DENIED.
D). DENIED.
E). DENIED.
F). DENIED.
G). DENIED.
H). DENIED.
I). DENIED.
J). DENIED.
K). DENIED.

15

Th we mene 2 le me . 4 oe Cine

L). DENIED in part; ADMITTED in part. It is
DENIED that while discussing plaintiff's performance
review, Sergeant Easton began talking about having sex
with animals. It is ADMITTED that Sergeant Easton
would have informed the plaintiff of her poor performance
during her performance review. It is further ADMITTED
that Sergeant Easton told plaintiff that he knew she was
upset and afraid of losing her job.

10. ADMITTED.

11. ADMITTED in part, DENIED in part. It is
ADMITTED that plaintiff inquired about the procedure for
filing a complaint and that Major Smith-Elliot advised
plaintiff that she would not be available for a several
week period in late August to help her fill out the
complaint and therefore could not personally process the
complaint. It is DENIED that Major Smith-Elliot refused

to help plaintiff.

12. DENIED.

A). DENIED as stated. By way of further
information, Sergeant Easton often makes comments
about himself getting old, however, these comments were
never directed at plaintiff or anyone else.

B). ADMITTED. By way of further explanation,
Sergeant Easton does recall a meeting he had with Mike
Fix on which Mr. Fix inquired how the other PCO’s were
doing in comparison to plaintiff. In plaintiffs defense,
Easton told Fix that plaintiffs progress cannot be
compared to the other two as one had previous
experience and the other was just out of college.

C). DENIED.

D). AFFIRMED in part; DENIED in part. It is
AFFIRMED that Sergeant Easton contacted the Chairman
in an attempt to resolve work related problems involving
plaintiff and to see if sending her to another station for
training would be beneficial for all the parties. It is
DENIED that Sergeant Easton asked for plaintiff's help to

16

get his son a job. It is further DENIED that Se
| rgeant
Easton retaliated against plaintiff for any oe
including because of the alleged job request. )
E). DENIED.

i F). DENIED.

. This numbered paragraph contains conclusi
usi

of law to which NO RESPONSE is required. To the one

they are deemed factual, they are DENIED.

14. This numbered paragraph contains con
clu
of law to which NO RESPONSE is required. To the an
they are deemed factual, they are DENIED.

euieaee By ~~ of further information, all
equired to be certified
test for this purpose. rae

16. After reasonable investigation, Defend
. . ants are
without knowledge or information sufficient to form a
belief as to the truth of this numbered paragraph to be
able to admit it; therefore, it is DENIED.

17. ADMITTED, in ; DENIED i
ADMITTED that there Ba ane Prcnromyl lean | Ab.
and a commode in the women’s bathroom. By way of
further information, the barracks used to be housing
quarters and there are dressers in the women’s bathroom
that are used by the female employees to keep their
personal possessions. It is DENIED that the drawers were
not identified to plaintiff as belonging to other employees
By way of further information, when plaintiff was hired,
Jody Lancaster assigned plaintiff two drawers in one of
the dressers and gave the other two drawers in the same
dresser to Stacy Gelvin. At that time, Jody Lancaster

pointed out that her private dr
ao p awers were in the other

18. DENIED. After reasonable investigation,

17

I it ss esitaronion Oi ace ee

Defendants are without knowledge or information
sufficient to form a belief as to the truth of this numbered
paragraph to be able to admit it; therefore, it is DENIED.

19. DENIED. After reasonable investigation,
Defendants are without knowledge or information
sufficient to form a belief as to the truth of this numbered
paragraph to be able to admit it; therefore, it is DENIED.
By way of further information, the female employees used
the dresser to keep a change of clothes and other

personal possessions.

20. DENIED. After reasonable investigation,
Defendants are without knowledge or information
sufficient to form a belief as to the truth of this numbered
paragraph to be able to admit it; therefore, it is DENIED.
By way of further information, at the request of Sergeant
Easton, another female employee, PCO Jody Lancaster,
kept copies of files that plaintiff had completed that
needed correction in a plain manila envelope under her
personal items in her personal dresser drawer in the
locker room. PCO Lancaster kept the papers there
because she had no drawers that locked and believed her
personal drawer was the best location. It is specifically
DENIED that plaintiff's computer test was in the drawer.
By way of further information, PCO Lancaster
administered the annual test that all employees were
required to take and she kept only the answers to the test
in her personal drawer because she believed it was a safe
place where no one would find the answers.

21. DENIED. After reasonable investigation,
Defendants are without knowledge or information
sufficient to form a belief as to the truth of the first

statement in this numbered paragraph; therefore it is
DENIED. As for the remainder of the paragraph, it
contains conclusions of law to which NO RESPONSE is

required. To the extent they are deemed factual, they are
DENIED.

18

22. DENIED. After reasonable investigation,
Defendants are without knowledge or information
sufficient to form a belief as to the truth of this numbered
paragraph to be able to admit it; therefore, it is DENIED.
By way of further information, during the last week of
July 1998 and the first several weeks of August 1998,
Sergeant Easton discovered that his file on the plaintiff
had been disturbed. During that same period of time,
Jody Lancaster reported to Sergeant Easton that the files
of plaintiffs mistakes that she had been keeping in a
plain manila envelope under her personal items in her
personal dresser drawer in the ladies room were missing.

23. DENIED. After reasonable investigation,
Defendants are without knowledge or information
sufficient to form a belief as to the truth of this numbered
paragraph to be able to admit it; therefore, it is DENIED.
By way of further information, to discover who was
tampering with files, Sergeant Easton dusted a plain
envelope with theft detection powder and placed the
envelope in Lancaster’s personal dresser drawer under
numerous other personal items.

24. DENIED as stated. When plaintiff was found
trying to scrub off blue theft detection powder which was
all over her hands, plaintiff was informed by Sergeant
Easton that she was the subject of a criminal
investigation and Sergeant Easton read plaintiff her
Miranda rights. The plaintiff subsequently admitted being
in Lancaster’s drawer and removing papers from the
envelope in the drawer. Plaintiff then requested an
attorney and the interview ended.

25. This numbered contains conclusions
of law to which NO RESPONSE is required. To the extent
they are deemed factual, they are DENIED.

26. DENIED. It is specifically DENIED that plaintiff

19

ee ee te kee hee +

was forced to resign or threatened by the defendants. To
the contrary plaintiff resigned voluntarily.

27. ADMITTED in part; DENIED in part. It is
ADMITTED that plaintiff contacted Major Virginia Smith-
Elliot, Director, Equal Opportunity Employment Office,
sometime prior to plaintiff's resignation and plainuff
inquired about the procedure for filing a complaint. It is
further ADMITTED that Major Smith-Elliot advised
plaintiff that she would not be available for a several
week period in late August and therefore she could not
personally process plaintiff's complaint. It is DENIED that
Major Smith-Elliot refused to process her complaint. After
reasonable _ investigation, Defendants are without
information or knowledge to form a belief as to the truth
of the remainder of this averment and, therefore, the

remainder is DENIED..

28. Defendants hereby incorporate by reference
their responses to paragraphs 1-28 above as set forth at
length herein.

29. ADMITTED in part; DENIED in _ part.
ADMITTED that defendants Easton, Baker, and
Prendergast were all plaintiff's supervisors. DENIED that
they subjected plaintiff to any humiliating, debilitating
work environment.

30. This numbered paragraph contains conclusions
of law to which NO RESPONSE is required. To the extent
they are deemed factual, they are DENIED.

31. This numbered paragraph contains conclusions
of law to which NO RESPONSE is required. To the extent
they are deemed factual, they are DENIED.

32. Defendants hereby incorporate by reference
their responses to paragraphs 1-31 above as set forth at
length herein. :

20

33. | This numbered paragraph contains conclusions
of law to which NO RESPONSE is required. To the extent
they are deemed factual, they are DENIED.

34. ADMITTED.

SECOND DEFENSE

The complaint fails to state a claim upon which relief
may be granted.

THIRD DEFENSE

At no time have defendants, either individually or in
concert with others, deprived or sought to deprive
plaintiff of any rights, privileges or immunities secured to
her by the Constitution or laws of the United States.

FOURTH DEFENSE

Defendants Easton, Baker, Smith-Elliot and

Prendergast are entitled to qualified immunity from
suit.

WHEREFORE, judgment should be entered in favor
of defendants.

[Signature omitted in printing]
[Certificate of service omitted in printing]

ee ee ee

21

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

NANCY DREW SUDERS_ : CIVIL ACTION LAW

Plaintiff, :
: : NO. 1-CV-00-1655

v. :

ERIC D. EASTON, :

WILLIAM D. BAKER, :

ERIC B. PRENDERGAST :

VIRGINIA SMITH- :

ELLIOTT, AND + :

PENNSYLVANIA :

POLICE, : JURY TRIAL DEMANDED

Defendants :

Defendants, through their counsel and pursuant to
Local Rule 56.1, hereby submit that the following facts
are material to this action and are not genuinely in

dispute:

1. Eric D. Easton was employed by the Pennsyvlania
State Police (PSP) as a sergeant and station commander
in McConnellsburg from 1996 until 1998. Easton

deposition at p. 8-9.

2. Eric Prendergast is employed by the PSP and
during the time of the complaint was a corporal at the
McConnellsburg barracks. Prendergast deposition at p. 6.

3. William Baker is employed as a patrol corporal by
the PSP in the McConnellsburg barracks. Baker

22

deposition at p. 6-7, 12.

4. Virginia Smith is retired from the PSP but during
the time of the complaint, she was the equal employment

oo officer for the PSP. Smith deposition at at p.

5. Nancy Suders began employment as a police
communications operator (PCO) on probationary status
ye 1 PSP on March 23, 1998. Suders deposition at p.

6. Jody Lancaster was a PCO who had been working
at the McConnellsburg barracks and on plaintiff's first
day, Lancaster explained the working of the
communications office to plaintiff, and the other two PCO
a Bob Strait and Stacy Gelvin. Suders deposition
at p. 40.

*~**e ee

8. In June, 1998, Suders attended a two week long
sy Ye at the police academy. Suders deposition at
pp. 40-41.

x~*e* eee

11. Suders was “humiliated” because her birthday
was not on a birthday list that had other employees on it.
Suders deposition p. 43-44.

*~****

15. Suders believed she was being discriminated
against based on her age when Baker allegedly called her
momma.” Suders deposition at p. 45.

| 16. / Suders alleges that Easton talked about sex
with animals, would wear spandex shorts that allowed

23

wn -

her to see his crotch, talked ito Prendergast about
teaching daughters to give blowjobs and made a comment
to PCO Gelvin about a brand of nylons and that these
actions and comments by Easton bothered and scared

plaintiff. Suders deposition at p. 46-52.

*~**k*

19. Suders alleges that Baker harassed her by
repeatedly doing a wrestiling move which she considered
vulgar. Suders deposition at p. 53.

20. Suders allegedly told Baker that she does not
think Baker should be doing his move. Suders deposition
at p. 53-54.

21. Suders alleges that there was a picture of a
wrestler making his motion near Baker’s desk and that
this picture bothered her. Suders deposition at p. 58.

22. Suders never told anyone that she was
bothered or offended by the alleged picture. Suders
deposition at p. 59.

23. Suders was offended when Baker complained
about his back hurting and PCO Bob Strait rubbed
Baker’s back and legs. Suders interpreted this to mean
that the two men were “sweet on each other.” Suders

deposition at p. 61-62.

24. Suders alleges that Baker said he was going to
get his penis pierced and his wife was going to get her
nipple pierced. Suders deposition at p. 63.

25. Suders did not inform Baker that she was
offended by his comment. Suders deposition at p. 64.

eee

24

27. Suders stated that other than the above
mentioned comments, there were no other sexual

— made by any employees. Suders deposition at
p. 66.

28. Suders believed she was harassed by
Prendergast because Prendergast would “watch” her. tell
her when she was doing something wrong, and would not

let me alone.” Suders deposition at pp. 67-71.

29. Suders felt intimidated when Prender

t wore
black gloves and would clap his hand conc
ant p ands. Suders deposition

x*xeeee

32. On August 18, 1998, Suders conta
. . : cted the
affirmative action officer to tell her that she believed she
was being discriminated against. Suders deposition at p.
74-75, 93; complaint at J 28; Smith deposition at p. 13.

33. ia During that conversation, Smith recalls Suders
complaining about political affiliation discrimination and
age discrimination, but does not recall that Suders
mentioned discrimination because she was a woman
Smith deposition at pp. 13-16. |

34. Smith told Suders that she needed to file a
mes aa a so that an investigation could be
conducted. Suders deposition at p. 95; Smi iti
sian 66-49 p mith deposition

35. Smith did not tell Suders that she wo

uld not
send hera form, but advised her that there was a form in
the AR (administrative regulation) Manuals. Suders
deposition at p. 96; Smith deposition at pp. 18-19, 29.

~*x*ee*

25

37. When an accident file was missing and
employees asked Suders about it, Suders believed she
was being accused of taking the file. Suders deposition at

p. 76-77.

38. Suders believed Easton had a reputation for
liking young girls because when PCO Gelvin was cold,
Easton loaned her his jacket to wear. Suders deposition

at p. 79.

x**x «ke

41. Suders referred to an area in McConnellisburg
as the “black community” over the police radio. Suders
was offended when she was told by several officers that
she should not refer to the area as the “black community”
because it could be considered a racial remark. Suders

deposition at pp. 88-89.

42. One month after starting her position, Suders
received a performance evaluation in which most of the
categories were marked “satisfactory.” Suders deposition

at p. 125.

43. At the end of her probationary period, Suders
received another performance evaluation in which most
of the categories were marked “needs improvement.”

Suders deposition at pp. 125-126.
44. Suders did her PCO job, and helped people

~ when they called and no one suffered. Suders deposition

at p. 138.

45. Suders received a supervisor’s notation on July
22, 1998 because she failed to complete an assignment
that was given to her on May 12, 1998. Suders deposition
at pp. 140-141; Prendergast deposition at p. 21.

46. On July 26, 1998, Suders was counseled

26

because she put a CLEAN message about a prison
escapee in the crime corporal’s bin and did not
disseminate the information to patrols. Suders deposition
at pp. 142-144; Prendergast deposition at p. 21.

x*“*e kee *

48. Jody Lancaster kept answers to the CLEAN test
and copies of some tests in her personal drawer in the
ladies’ locker room because she believed it was a safe
location to place these items where no one could find
them. Lancaster declaration at 10; Easton deposition at
p. 26.

x**x kek

50. When papers were missing, a file was dusted
with theft detection powder and placed back in Jody
Lancaster’s drawer. Baker deposition at p. 36; Easton
deposition at pp. 66-67.

51. OnAugust 20, 1998, plaintiffs last day of work,
she went into the women’s locker room, went into the
same drawer where she had taken papers a few days
before, went through more papers and when she returned
to the communications room, she had blue all over her
hands. Suders deposition at pp. 98-102.

x~**x kee

54. Instead, on August 20, 1998, Suders
voluntarily resigned her position at the PSP by handing
in a pre-typed letter of resignation win which she wrote
in the date. Suders deposition at pp. 104-107.

x**eneekee

58. Suders was aware of the sexual harassment
policy, probably received it when she went to the PCO

27

—

oe

———e itis

training and then found the policy in AR Manual. Suders
deposition at p. 82.

59. Suders filed a complaint with the Pennsylvania
Human Relations Commission in September, 1998.

Suders deposition at p. 186.

[Signature omitted in printing] ho
(Certificate of service omitted in printing]

28

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

NANCY DREW SUDERS : CIVIL ACTION LAW

Plaintiff,
: NO. 1-CV-00-1655
Vv. :
ERIC D. EASTON,
WILLIAM D. BAKER,__:
ERIC B. PRENDERGAST :

VIRGINIA SMITH-

ELLIOTT, AND THE

PENNSYLVANIA STATE :

POLICE, : JURY TRIAL DEMANDED

Defendants

Defendants “Statement of Material Facts” is in
dispute. Defendants have composed the usual list of facts
which tell part of a situation, but not the material part in
dispute. Plaintiff has countered paragraph by paragraph
by paragraph and added additional material facts which
defendants never raised.

1.) Admitted.

2.) Admitted.

3.) Admitted.

4.) Admitted.

29

Se

5.) Admitted.
6.) Admitted.

eee

8.) Admitted.

*“****

11.) Admitted.

_**e**

15.) Admitted. By way of further response he called
her “Mamma” many times and put her down about her
age. Suders Dep. pg. 43-45. Easton’s comments were

constant.

16.) Admitted. Easton remembers the sex with
animals comments but says they were part of an incident.
Easton Dep. pgs. 53-54.

_****

19.) Admitted. See also Suders Dep. pgs. 53-63. Baker
would repeat this obnoxious behavior frequently. She

objected, id pgs. 126-127.
20.) Admitted.
21.) Admitted
22.) Admitted
23.) Admitted
24.) Admitted

30

25.) Admitted
- 27.) Admitted

28.) and 29.) Admitted. See also Suders Dep. pgs 66-
68, 72-73.

32.) Admitted.

33.) Admitted that this is what Smith-Elliott
remembers.

34.) Admitted.

35.) Admitted.

37.) Admitted.

38.) Denied. Suders did testify that Easton had a
reputation for liking young girls and she did testify as to

the incident with the jacket. She also testified to seeing
Easton with Jody Lancaster up against a wall. Suders

Dep. 79-81.

“eee &

41.) Admitted. Suders was correct

42.) Admitted

43.) Admitted. Suders was not wanted at the
Barracks. Suders Dep. pg 19-22.

31

ee a

44.) Admitted.
45.) Admitted

46.) Admitted. Denied this was deserved or that
Suders was capable.

“**ee*

48.) Admitted. Denied that it was a safe place. She
could have locked them in a file cabinet or a desk.

“****

50.) Admitted

51.) Admitted. There was no reason not to be in the
drawer. She had found some of her personal papers
there, and the drawer was not assigned to any one

person.

54.) Admitted
58.) Admitted
59.) Admitted

[Signature omitted in printing) ==
[Certificate of service omitted in printing]

32

DEPOSITION OF: WILLIAM D. BAKER

*~*e eee

[page 7]

Very briefly can you tell us where you have been on
your duty assignments?

A. I was a patrol trooper at McConnellsburg station. |
was promoted in '96. I was stationed at Gettysburg,
patrol corporal. I was at Chambersburg station as a
patrol corporal and then finally back in McConnellsburg
as patrol corporal. I've been there ever since.

*~*e eee

[page 12]

Q Now, briefly describe your duties from '97 on as a
corporal at McConnellsburg.

A. I'm a patrol corporal.

Q. What does that mean? What's a patrol corporal do?

A. I run the shift when the sergeant isn't there. I'm a
direct immediate supervisor to troopers and PCO's.

“ee ee

[page 19]

Q. Are you a fan of TV wrestling or what's called
studio wrestling?

A. Yes.

Q. And did you ever have a poster on the wall at the
barracks?

A. No, not that I recall.

Q. Do you know if anyone else had a poster out at the
barracks?

A. A poster of what?

Q. Professional wrestlers.

A. Not to my recollection, no.

33

Q. Have you ever owned a poster with professional
wrestlers on it?

A. Aposter? Yeah, a poster --

A. No.

Q. -- picture.

A. I've had magazines.

Q. Okay. Well, let's -- not magazines. I'm talking about
a poster or a picture, you know, something you'd hang on
a wall or --

A. No.

Q. -- anything like that.

Did you ever have anyone posted up on your walls?
Nothing on your billboard at the barracks?

A. I don't recall that.

Q. Pardon me?

A. I don't recall that.

Q. Have you ever watched any of these

[page 21]

professional wrestlers on TV when they would cross their
arms in front of their body and grab their genitals and
say, suck it?

A. Yes.

Q. And have you ever done that?

A. No.

Q. You've never done that?

A. Not that I can recall.

*“*e ee

[page 22]

Q. Okay. Now, paragraph F says that, "In June of
1998, Corporal Paker commented that an
African-American Pennsylvania State Police trooper
married a white woman because she," quote, "had an ass
like a black woman."

34

[page 23]

Did you ever make a comment like that?

A. No.

Q. Is there a PCO out there by the name of Strait?

A. Yes, Bob. Bob Strait.

Q. Bob Strait. It says here that, "PCO Strait

asked Corporal Baker if he could rub the hair on his
legs."
Do you remeruber anything like that?

A. No.

Q. Okay. You would have remembered that if that
occurred?

A. I believe I would have remembered that.

Q. Probably, okay. Paragraph H says, "Corporal Baker
reciprocated by rubbing Strait's back and saying
romantic things. Both Baker and Strait thought this
display was humorous."There's no allegation that it was
serious -- "thought this display was humorous. Plaintiff
was offended.”

Did anything like that ever occur in your recollection?

A. No.

Q. Paragraph -- subparagraph J of paragraph ten
alleges that, "Baker said his wife was getting her nipple
pierced and then that he was getting his penis pierced."

Did you ever say anything like that?

[page 24)
A. No.

**e eee

[page 39]

Q. She was unsupervised when you weren't there?
A. No. Another corporal or sergeant would be

there.
Q. But you were her supervisor. They were not her

35

supervisor?
A. No, I was one of the supervisors.

Q. Oh. Did she have more than one supervisor?

A. The corporals and Sergeant Easton. The sergeant
I do believe is technically in charge of the PCO's. He holds
their files. That's the way it is right now.

Q. Okay.
A. That's the way | think it always has been.

eee

[Reporter’s certification omitted in printing]

36

DEPOSITION OF: ERIC D. EASTON

*~**eeek

[page 8]

Q. In what capacity -- by that I mean, what rank and
title did you hold with the Pennsylvania State Police?

A. My rank prior to retiring was sergeant.

Q. Can you briefly describe your duties for us?

A. I was -- when I first made sergeant was stationed
down in Harrisburg in charge of the criminal history
section. | subsequently was_ transferred to
McConnellsburg in charge of the McConnellsburg
barracks, and from there transferred to Holidaysburg in
charge of supplies and other various duties.

Q Can you give us timewise when you served at
McConnellsburg?

[Page 9]

A. I was at McConnellsburg for approximately two
years.

Q Can you give us the dates?

A I'm not positive. I believe it would be 1995
or -- into '96 to 1997 into '98.

Q Okay. Roughly between 1995-1998.

Now, at some time in 1998 did you leave

McConnellsburg?

A Yes, I did.

Q Where did you go?

A. Holidaysburg.

Q. Now, do you remember the month that you went to
Holidaysburg?

A. No, I don't.

Q. And what were your duties at McConnellsburg?

A. Station commander.

Q. What does a station commander do?

A Oversees the day-to-day operations of the

37

station.
Q. And who did you report to?
A. To the captain, Captain Holmberg.
Q. What is the region? What is the state police region?
A. It's Troop G.
Q. Troop G.

[page 10}

Now, when you were at McConnellsburg, who was
assigned there? Let's begin with state troopers first. Who
was assigned there? Strike that. When you were at
McConnellsburg, who was assigned -- what was the --
you know in the army they use the term table of
organization and equipment.

A. Yes.

Q. So when you were at McConnellsburg, can you tell
us who else was employed there?

A. Employed there were I believe four corporals,
Corporal Bill Baker, Eric Prendergast, John Sechoka.

Q. Can you spell Mr. Sechoka's name for us,
please?

A. S-e-c-h-o-k-a.

Q. Okay. Go ahead. There were four corporals. We
have Baker, Prendergast, Sechoka.

A. And I can't think of the other fourth
corporal, if there was four. Maybe there was only three
and we had a fourth spot.

Q. Okay.

A. And roughly twelve, thirteen troopers.

Q. As many of the names as you can remember of
those troopers while you were there, please.

A. Sean Flaherty, Ellis Barnett. 1 remember
them. They were in the crime room. And I'm having a
mind

[page 11}
breakdown or something. I can't remember the names of

38

the other ten or eleven.

Q. Okay. Well, we'll try to go back to that.

Now, did you have other personnel that worked there
during that period of time?

A. Yes.

Q. Now, what I would like you to do -- for example,
you've given us twelve or thirteen troopers and a few
names there, you believe four corporals, maybe one of
them was a vacancy, and we have three names there.
What other positions, you know, like dispatcher,
secretaries, receptionist, whatever they might have been?

A. There was one dispatcher, Jodi Lancaster, and
there were three other dispatchers hired while I was
there, Bob Strait, Nancy Suders and Stacey Gelvin. I
don't believe there was any secretaries.

“eek

[page 12]

Q. Can you describe those duties for us, please?

A. Yeah. The title I believe was PCO, police
communications operator. Answer the phone, greet
visitors, take care of a lot of the paperwork and computer
issues, print schedules, handle incidents, answer
telephones from citizens, dispatch police personnel to
scenes, arrange for assistance if needed for those officers,
answer the radio, run the computer; both personal, the

in-house computer, and the state computer, and ~

anything -- really basically handle anything that happens
during a day's activities.

Q. All right. Now, did you have some type of a_ shift
setup?

A. Yes. There were three shifts at the barracks.

Q. Do you have a recollection of who worked what
shift or did you rotate shifts periodically?

A. That was rotated.

Q. How often did shifts rotate?

A. It varied. It could rotate almost daily.

39

Q. Now, you mentioned those corporals up there.
What were their duties? Let's begin with Mr. Baker. Now,
it's possible naturally that they all had the same duties.
If they did, let's get those down. But if they differed or
were individually different in some way, please point
those differences out.

Let's begin with Mr. Baker.

[page 13]

A. Each corporal had some similar duties as far as
running the shift, responding to incidents depending on
the severity of the incident, and each corporal had some
specialized duties. I believe Mr. Baker was in charge of
the cars, for example. Corporal Sechoka I believe at the
time was the crime supervisor or acting crime supervisor.
Eric Prendergast I believe was in charge of updating the
files and various manuals in the barracks. Then each
corporal also had specific personnel assigned to them to
supervise.

x*keenek

[page 32]

Q Is it fair to say that as a station commander you did
not have the choice or last say as to who got hired?

A. True.

Q. And that a person could be hired for the position
and placed in the position even against your approval?
That's possible, isn't it?

A. Yes.

Q. So although you had input, you did not have
control over who might be hired for a position at least as
far as the dispatcher position, the PCO position at
McConnellsburg was concerned?

A. Yes.

40

z*exeeke

[page SO]

Q. In paragraph ten, let me read the paragraph to you
very quickly. "Plaintiff was subjected to insulting,
harassing, solicitatious sexual remarks and
embarrassing, humiliating, sexually suggestive actions by
the defendants more fully described as follows:"
Subsection B, "Apparently emulating TV wrestling which
he worships, Colonel Baker would stand up" -- "Corporal
Baker," I promoted him there, "would stand up, cross his
hands in an X motion in front of his body, then take his
genitals in his hands and scream, ‘suck it.’ He did this on
many occasions from when plaintiff was hired until she
was forced to resign in August 1998.” It's your testimony
here today that you have no recollection of Mr. Baker ever
doing anything like that?

A No. And I'm not a wrestling fan. | -- if it's a
professional wrestling move, I wouldn't --

[page 51]

Q Okay.

A. I can't even comment about a professional wrestling
move. I don't watch it at all.

Q Okay. Subparagraph C, "Baker had a picture of a
wrestler on his wall making the same motion.” | don't
know if the discussion about the particular motion or the
alleged motion has refreshed your recollection, but I
assume your testimony would remain the same that you
don't have any recollection of him having a picture on the
wall where any such behavior was pictured?

A. No, I don't, but it had no interest for me. |
remember the GTO picture because I thought -- I liked
cars. I thought it was a pretty car. I remember the picture
of his child because I had met his child and he was a very
good-looking kid.

Q. Okay.

41

A. I don't remember anything else specifically.

Q. All right, sir. Now, I have some -- there are some
very significant and graphic allegations made in
paragraph ten. I am going to go through them one by one
and ask you questions about them. Subparagraph A of
paragraph ten says that,"Eric Easton made suggestive
comments about pantyhose.” Do you have a recollection
of ever doing anything like that?

[page 52]

A. | remember the pantyhose conversation. I did not
make any suggestive comments about them.

Q Okay. What do you recollect about that
conversation?

A. Stacey Gelvin I think and Nancy were working
together. Stacey came in and I just said, you look nice. As
I said, I knew Stacey Gelvin from previous contacts
through camp cadet and my wife knew her. We were
familiar with her. She said, thanks, but I got a run in my
stocking, or I don't remember what her words were. |
don't think she even showed it to me or anything. And
she just said about a run in her stocking. And | said to
her because she met -- my wife's name is Beverly.
Because she knows Bev, | said, well, Bev buys her
stockings at Victoria's Secrets. And I only -- a day or two
before we were over in the mall and my wife had bought
stockings.

Q. Okay.

A. And she buys this particular brand because they
don't run. And so my comment to Stacey Gelvin was, oh,
Bev buys some brand of Victoria's Secrets because they
don't run. And that was the extent of the conversation.

Q. There was no intention on your part for any
suggestive or -- if not suggestive, any -- there was no
sexual intent in the comments that you made?

42

[page 53]

A. My comment was directed solely and totally at
Stacey. I don't even remember if I might have said, maybe
you should call Bev and see what brand they are. I used
my -- I referred to my wife in the comment --

Q. Okay.

A. -- talking about a brand of stockings.

Q. Okay. .

A. And I don't know the brand, so! couldn't identify it.

Q. Do you know whether there's any sexual conduct
taking place at McConnellsburg barracks between any
troopers or personnel, male or female, there?

A. Not that I'm aware of.

Q. Okay. In subparagraph D of paragraph ten it says
-- the allegation is, "In early April 1998, Sergeant Easton
was talking about his wife, commenting how she had
little breasts." Do you have any recollection of any
comment like that?

A. No.

Q. All mght. And subparagraph E of paragraph ten
says, "During Plaintiffs performance evaluation in May
1998, Sergeant Easton began talking about people having
sex with animals." Did anything like that come up?

[page 54]

A. I remember discussing it with Ms. Suders once. I
don't remember discussing it at a performance
evaluation.

Q. Okay. Can you tell me what that was about?

A. Yes. The discussion I remember was -- it took place
at the front desk of the communications room. Part of a
PCO's duties is to -- when they get a call about an
incident, take the information about the incident, the
complainant -- name, address, phone number -- and the
specifics about the incident. It has to be assigned an
incident number on our tracking computer. To be able to
assign it a number, you have to know the specific title or

43

classification that you're giving to the incident. And I was
explaining that process to her as a rather lengthy
explanation covering all the varieties of incidents. And a
lot of times you can't assign the specific incident to it
until the trooper goes down and gets more information
about the crime and a lot of times you may have to go
back in and update or change it. | used several different
examples. This was one. I remember one example that |
always use is the difference between theft, burglary,
trespass, like that. If you go into a building,

[page SS]

if it's a family member, if you're just not welcome there,
it's a trespass. If you enter a building and somebody's not
there, it could be again trespass or it could be burglary if
you have the intent to commit a crime. It could be a theft
if it's just a shed. And you have to get into the details of
what makes a specific crime that particular crime for
classification purpose for the incident to make it a certain
particular incident. And I know because we had not too
long ago had a case involving a person who was caught in
a barn having sex with an animal that towards the end of
this discussion I said, for example, a barn, an
outbuilding, a shed, because it’s not an occupied
struc!)re, would not be a burglary. It could be a theft or
it could be just a simple trespass, or if somebody was in
there -- and we've even had incidents | told her where
somebody went into a farmer's barn or shed and had sex
with an animal. That's not just trespass. That's actually
a certain specific crime with a different classification
because that's a violation of a section of the Crimes Code.

Q. Okay. In subparagraph K of paragraph ten, the
allegation reads as follows: "Easton," and it has CPT. Let
me correct that right now. That would be corporal, CPL;
is that correct?

A. Yes.

Q. Okay. "Corporal Prendergast had a conversation

44

[page 56]

in plaintiffs presence, knowing and intending that
plaintiff hear, saying that if o:s ..ad a daughter it would
be desirous to teach her hew to give a blow job," in
quotes. "And after Prendergast laughed, Easton explained
he was serious. He would teach his daughter to,” quote,
"give a blow job,” unquote. Plaintiff was extremely upset
over being exposed to this terrible colloquy." Do you have
any recollection of that?

A. No. We discussed child abuse cases in the
barracks as they came in, as we investigated them. |
investigated child abuse cases in Bedford when | was a
criminal investigator almost -- I was the one that was
assigned a lot of them. We would have I'm sure had
discussions about children, sexual abuse, about parents
and how parents raise their children. But no, | would not
have said anything like that.

Q. Do you have a recollection of any case that was
brought to your attention where a parent was giving one
of their children instructions on what to do sexually in
their behavior? Do you understand that question?

A. Yes, I think so. I certainly have investigated many
cases where parents or stepparents being of the ages
between twenty-five and fifty had sex with their sons and
daughters down to I believe and including the age of

[page S7]

two years old.

Q. Well, my question is more specific and it is
if you have a recollection of any case where a parent or
an adult with -- an adult would teach a daughter or
suggest teaching a daughter how to give oral sex because
somehow that's going to help her along in the world. Do
you have any recollection of anything like that?

A. I know I've investigated cases where parents --
well, if you have a child who is eight, twelve -- ten, twelve
years old and you're having sex with them, there has to

45

be some teaching there. I can't -- that's a -- the way
you're phrasing the question it's hard for me to give an
answer. | have investigated cases where -- many, many of
them where an older baby-sitter, parent, guardian or
somebody had to teach the child how to have sex with
them, yes.

Q. All right.

A. Did that answer it?

Q. Yeah, partially it does. But did you ever say that
you were serious that that would be a good idea?

A. No.

Q. Okay. Do you have a recollection of having any
such discussion or any related discussion with Mr.

[page 58}

Prendergast in Nancy Drew Suders' presence?

A. No. I could easily have been discussing a sexual
case with him. | could have said sarcastically to Mr.
Prendergast commenting on the depravity of a parent
something about their actions. But no, I don't remember
ever saying that. But I could have said something about
a sexual abuse case in the corporals' office. That's where
we would have been talking.

*_*e ee *

[page 65]

Q. Okay. Did you ever have Nancy Suders take a
computer test for the Pennsylvania State Police to be
forwarded to Pennsylvania State Police headquarters?

A. Yes. ~

Q. Okay. Now, the next series of questions -- I'm going
to change just a little bit here. The next series of
questions have to do with the ladies’ dressing room and
the barracks, okay? Are you aware at some time that
there was talk of charging Nancy Suders with some type
of crime?

46

[page 66]

A. Yes.

Q. Can you describe for us what that's about -- what
that was about?

A. Towards the end of her employment, I would say
the last month or so, it was very obvious to me that she
was not trying at all at work. Repeated questions that |
would have to her about what's going on or is there a
problem or anything just met with silence. | felt there was
no effort being put forth by her to get any better in her
job at all. And I noticed -- in my desk in my office in the
bottom right-hand file cabinet | kept a variety of records
including personnel records. Every corporal and trooper
there had a file. And I noticed that they were in disarray
on two occasions when I would come back into work the
next day, somebody had been in my desk. And at that
time, during that short period of time, three to four days,
Ms. Lancaster told me that somebody had been through
her dresser drawer, rifling through it, that it was out of
order. So I got some theft detection powder, is what it's
called. What it does, it's invisible, but it reacts to the skin
and turns the skin blue. I don't remember exactly the
details, but I know I! put it on a page of paper that I put
the paper inside of a white envelope and put that white
envelope inside of a

[page 67)

manila envelope and put it in Jodi Lancaster's drawer
underneath all of her personal effects and | let the
corporals know that that was in there and to let me know
if anything came of it. Then shortly after that, I believe it
was that next night, I got a call at home from Corporal
Sechoka, I believe it was, who told me that Nancy had
been absent -- left to go to the bathroom or left to go
somewhere and had been absent from her post and he
saw her -- in the crime office there's a small sink and she
was scrubbing her hands trying to get a lot of blue stain

47

off of her hands. And then | came into the barracks.

“eee

[page 68]

Q. What happened next?

A. I read her her Miranda rights, advised her of the
Miranda rights, and asked her what was going on.

Q. Okay. Well, what crime did you think had been
committed at that point?

A. Possibly a theft.

Q. Well, what led you to believe that there had

[page 69]

been a theft?

A. Because I had files out of order, misplaced in my
office, and Ms. Lancaster said that somebody had been
through her dresser drawer and the items in it.

Q. Well, what did you -- so you Mirandized Nancy and
then what occurred?

A. I asked her questions about what had happened
that evening, why her hands were blue, where she got it
at.

Q. And what did she say?
A. And she refused to answer, said she wanted an
attorney.

Q. Okay. And then what did you do?

A. I believe this was about eight or nine o'clock at
night and I told her to take the rest of the evening off and
that we would discuss whatever else might be happening
the next day that she reported into work.

Q. Okay. And what happened next?

A. And she told me she was resigning.

Q. Did she ask you any questions?

A. I don't think so.

Q Okay. What happened next?

A. She left the barracks.

48

“eee

[Reporter’s certification omitted in printing]

49

DEPOSITION OF: ERIC B. PRENDERGAST

x*“ne eee

[page 9]

Q. Well, did you reach any conclusions based on your
own observations of Nancy Suders about her ability to

perform?
A. Yes.

[page 10]

Q. What were they?

A. I felt that she at times was very disorganized, easily
overwhelmed when we had -- not critical, but when we
had a number of incidents going on at the same time, she
seemed to have difficulty both trying to handle
communications by the telephone and then also handling
the troopers out on the road.

Q. Did you discuss those feelings with her?

A. Yes.

Q. And what was her reaction?

A. Hostile to say the least. She didn't -- she usually
felt a criticism or where we were trying to address the
performance issues was taken by her I guess personally.
She felt that it was a personal attack on her instead of
that we were trying to show her ways that procedures
and actions needed to be taken by her so that none of the
troopers out on the road were in danger and then also,
like I say, the public also, that we were performing the
proper service to the public.

xe aenaenet

[page 27]

Okay. Did Sergeant Easton ask you to watch Nancy
Suders? Maybe watch is not the right way -- word.

50

A. Yeah.
Q. To observe her or to listen to her or whatever. You

know, just tell me what he said or what he --

A. Would have been no different -- my recollection is
that it was the same instructions that we were given for
the other PCO's was -- especially the new hire PCO's,
PCO Gelvin, Strait and Mrs. Suders, was to watch their
performance --

-Q. Okay.

A. -- engage because Sergeant Easton was the one
responsible for doing their evaluations then.

Q There were times when you supervised Nancy?

A. Yes.

Q. And there were times when the other corporals
would supervise Nancy?

A. Yes.

x*~*x* eee

[Reporter’s certification omitted in printing]

51

DEPOSITION OF: VIRGINIA SMITH

*~*eneee

[page 6]

Q. Virginia, is it -- are you retired now? Are
you still with the Pennsylvania State Police?

A. I have retired.

Q. You have retired. Could you just briefly in your
own words give us a description of, let's say, your

[page 7]

employment experience to include title, rank and where
you work and that sort of -- worked and that sort of
thing, let's say, the past five or ten years?

A. Well, in 1992 I became the equal employment
opportunity officer for the state police.

Q. Okay. And when you retired, what was your rank?

A. Major.

x*~eenee

[page 13]

Q. Now, in the case of Nancy Suders you had made
reference earlier to a conversation I believe was the word
you used -- I'm not certain -- with Nancy Suders, is that
correct?

A. Yes.

Q. Can you tell us what you recollect about
that conversation?

A. My recollections are a little vague, but I do recall
talking to Miss Suders. I recall basically that her
complaint was about being discriminated against. |
particularly remember the political affiliation that she
said she was being discriminated against because of, and
I also believed her age. I do not recall whether or not she

52

had also stated because she was a woman.

Q. Do you have any more information you can share
with us about the issue of political affiliation; what she
had to say or what your thoughts may have been as you
talked with her?

[page 14]

A. Well, I recall that I believe that she was the first
person that I had talked to that had alleged
discrimination because of that and so did ask her, you
know, what that meant or why she felt she was being
discriminated against. And as I recall -- and I don't recall
actually whether Miss Suders actually told me this or
whether I learned it later -- was because of the fact that
-- the political affiliation discrimination was coming into
play in that she was chosen because of political
connections --

Q. Okay.

A. -- so to speak; that she was not chosen in the same
way that some other police communications operators or
some other employees may have been.

Q. Okay. How did she say that that connected with
the problem she was having?

A. I believe she had stated that the people at the
station did not believe that she had fairly gotten the job;
that because of the political connection or whatever the
word was that she used at that time -- I don't recall -- but
because of that she was chosen rather than on merit or
because she was qualified to do the job.

Q. And you had indicated that she complained to you
that she was being mistreated -- I don't want to put

[page 15]

words in your mouth, but about age. Can you give us
more detail about that?

A. No, I can't really.

Q. Do you remember asking her how old she was?

33

A. No, I don't, but I would think that I would
have because the age discrimination would only come
into play if she were over the age of 40.

Q. Do you ever ask people when they call in with
complaints for permission to tape conversations?

A. No, I don't.

Q. Do you make notes while you have these
conversations going on with people who call in problems?

A. Generally I do.

Q. Do you have any notes that you reviewed for this
deposition?

A. No, I don't.

Q. Do you know if there are any notes in any
Pennsylvania State Police files about your conversation
with Nancy Suders?

A. No, I don't.

Q. Do you remember if Nancy Suders told you that
she was suffering harassment of a sexual nature?

A. No, I don't.

Q Do you recollect her talking to you about TV
wrestling?

[page 16]

A. No, I don't.

Q Do you have a recollection of her talking about a --
about misconduct by certain Pennsylvania State Police
troopers?

A Not specifically, you know, other than relative to
being discriminated against, but I don't know if you mean
any other type of misconduct.

Q. Well, did she say anything about a Pennsylvania
State Police trooper who would jump up and grab his
genitals or say things of a gross nature, offensive nature?

A. I can't say that I specifically recall that she said
that.

Q. Okay. Do you have a recollection of giving her any
advice?

A. I can't say specifically that I recall the advice I gave

54

Miss Suders. I can tell you what my general advice would
have been.

Q. Okay.

A. I can't say that I specifically recall telling her that.

Q. All right.

A. Well, I guess I do specifically recall telling her that
it would be necessary for her to file a complaint with
internal affairs; that the allegations that

[page 17]

she was making was against enlisted members and that
for there to be an investigation done, it had to go through
internal affairs; that they were the ones who would
investigate any types of complaints like that.

Now, as far as the general part sometimes people or
civilian personnel do not understand I guess the internal
affairs process. And so I would tell them about the fact
that there had to be a complaint sheet made out and tell
them kind of what they would have to include in the
complaint sheet. For instance, if she were saying that she
was being discriminated against because of her age, you
know, how was that being manifested I guess? If it was
because of political affiliation, in what way did she feel
that she was being discriminated against because of her
political affiliation? And that those types of things should
be included in the complaint because when internal
affairs went to investigate, they would know what it is
that they're looking at or have kind of a place to start as
to what the complaint was.

Q. Well, in Paragraph 12 -- I'll read it to you -- on page
five of the complaint the plaintiff alleges that you told
plaintiff to get a form to fill out but refused to help her
further.

[page 18]

Did she say anything to you about -- do you want to take
a quick look at that? It's only about a small, one-sentence

55

allegation. Paragraph 12.

A. (Witness complies.)

Q. Okay. Now, if I call you like she did -- if someone in
the State Police called you and asked for assistance with
a problem, is it the general advice you would give to get
a form and fill out that form? That's what they have to
do?

A. Yes, relative to internal affairs making -- doing an
investigation, yes.

Q. Do you ever take information from them over a
phone and process a complaint for them?

A. Generally not. I can't --

Q. Well, the reason I ask, did you ever in your career
in helping people with employment discrimination
problems where have you advised these people to get the
form? Where are they supposed to get the form?

A. There are forms generally at the station.

Also, if a person says that they could not find the forms
in the AR manual -- our administrative regulations
manual -- there's a whole section on internal affairs, and
there is a form in there which people basically copied and
used.

Q. What do they do with the form? Let's say they get
the form or they get a hold of the form

[page 19]

somewhere. What do they do with it once they get it?

A. The form is submitted to internal affairs.

Q. Is there a mailing address on there? Does it go
through channels?

A. I'm sure there is a mailing address -- well, I'm not
going to say I'm sure there's a mailing address on the
form, but I believe it's been done both ways; that it's been
submitted directly to internal affairs and also through
channels.

Q. So as the employment discrimination officer you
don't have any authority to investigate or review
discrimination?

56

A. Not to investigate, no. I'm not sure what you mean
by review.

Q. Well, if -- if a -- I assume that it's -- that you have
experienced Pennsylvania State Police history and the
efforts to have the Pennsylvania State Police employ black
persons, Hispanic persons and females, is that correct?

A. Yes.

Q. As someone who has witnessed that history can
you tell us when the Pennsylvania State Police
established an employment -- equal employment
opportunity office or function; when that first came
about?

A. No. I don't recall.

[page 20]

Q. Was it there as long as you were with the
Pennsylvania State Police?

A. I believe so, yes. Under affirmative action, though,
instead of equal employment opportunity.

Q. Have you ever known that office to have the power
to investigate a female being mistreated or a person of
color being mistreated?

A. (No response.)

Q. Power --

A. I would say -- I would say informally. You know, it
depends on what the complainant is seeking. If the
complainant is seeking -- and, you know, the type of
complaint that it is; how in depth of an investigation may
have to be done. I mean there can always be informal
inquiries made by the equal employment opportunity
officer, the affirmative action officer. But at the same
time, if it's a discrimination complaint that there are
allegations being made against particular people and an
investigation needs to be done to find out, you know,
whether or not those allegations are true, then it would
go through internal affairs.

Q. Do you know whether internal affairs has any
female officers investigating allegations of sex

57

[page 21]

discrimination against female personnel?

A. I know they have female officers. Whether they're
specifically investigating those types of complaints, I don't
know.

Q. So if I'm out there in Podunk at a rural -- I mean
a lot of our Pennsylvania State Police work is done in
rural barracks, isn't that so?

A. Yes.

Q. And if I'm out there somewhere in a rather isolated
barracks and I'm a female and | have problems with
harassment by Pennsylvania State Police officers, males
-- young males -- | fill out a form which goes to internal
affairs, and internal affairs investigates that activity?

A. Yes.

Q. And you as the discrimination officer do not
investigate that activity?

A. No, I do not.

Q. Have you ever had anyone call you with a
complaint and felt strongly enough about it to become
involved in investigating on your own -- following up on
the comment you made about informal, investigating on
your own or getting involved in the investigation process
to see where it was going and what was happening with
it?

A. Well, like I said generally it would be up

[page 22}

to the complainant relative to what course they wanted to
proceed. If they wanted it handled informally -- | can't
think of a real good example now, but just someone who's
saying, I think this person is discriminating against me
because I'm a woman, but I'm not sure or, you know,
something that doesn't seem to be to the complainant a
very serious matter, then, you know, there may be
something done informally by speaking with the -- the
troop commander or someone in that person's chain of

58

command. But, again, like I said if there's going to be an
investigation and there are allegations made against
people and it's -- and it requires | guess an in-depth
investigation where people are going to have to be
interviewed and statements taken and witnesses, then,
yes, it would be done by internal affairs.

*~* eke

[page 31)

Do you recollect how troopers -- I think you
mentioned a manual -- troopers are -- how they are

{page 32]

informed about your services; the services that you
provide? In other words, what does the State Police say to
the average working trooper out there about their rights
and their access to the position that you held?

A. Well, again, talking about the administrative
regulation manuals, there was a section in there that
covered the equal employment opportunity office. There
were posters about equal employment opportunity at the
stations. I took part as the equal employment opportunity
officer in some of the supervisory training, some of the
PCO training and talked about the equal employment
opportunity office. So that's one of the ways that people
were advised of the position.

*“*x eee

[page 35]

Q. Okay. Fair enough. Now, the average member out
there would have ready access to your name and to the
nature of your duties, and that would be in those
regulations and might even be posted elsewhere or be
brought up elsewhere?

39

~

A. Yes.
Q. And is it fair to assume that --

[page 36]

(Discussion held off the record.)

BY MR. BAILEY:

Q. Is it fair to assume that you assumed when Nancy
Suders called you that, you know, she got your name off
of something that was posted somewhere? Maybe
someone could have told her of course, but from that --
from the regulations?

A. Yes.

Q. Okay. And do those regulations as you remember
them or you recollect them, do they tell people what their
rights are?

A. Yes, I believe so. Not only then in the regulations
about equal employment opportunity, but being a civilian
employee there were also regulations pertaining to
civilian employees and what their rights were.

x**eeee

[page 37]

Q. Did anyone ever say to you, I'm afraid to go looking
for a form or I'm afraid if I ask for a form, you know,
somebody might do something to me? Never had that
experience?

A. I don't recall anyone saying that they were afraid to
look for the form. I've had people say that they did not
want to submit it through their chain of command. And
I've told people that they could send it to me, and I would
forward it to internal affairs or that they could send it
directly to internal affairs. And if I had talked to them, |
would let internal affairs know that such and such a
person was submitting a complaint.

x*~*e eee

[page 39]

A. To have an investigation done by internal affairs
there has to be a written -- I don't know that it's called a
request, but an allegation filled out on a form and
submitted to internal affairs, yes.

Q. It has to be in written form submitted on that
form? Or I suppose somebody could send internal affairs
a letter, and they'd act on it or something like that. | don't
imagine that they would have to do it on this particular
form.

A. Well, even -- even -- and I'm not sure about within
the department, but I was going to say if someone from
the general public were to send a letter to internal affairs,
they would send them a form to fill out to be sent back
making -- you know, making the complaint. | believe it
was called a complaint verification.

Q You don't take any anonymous complaints?

A. Yeah, they do.

Q. They do. Have you ever taken an anonymous
complaint?

[page 40]

A. Not that I can recall.

Q. Have you ever during your entire tenure as
affirmative action employment discrimination officer with
the Pennsylvania State Police ever submitted a complaint
to any bureau or person within the Pennsylvania State
Police on your own or has it always been a situation
where, go and fill out a form?

A. As the equal employment opportunity officer I do
not recall filling out a complaint sheet for anyone. Like |
said I have talked to people about their complaints. I've
had complaints sent to me and discussed it with the
complainant as to what they had included. And like |
said, you know, in trying to give them some guidance on

61

how the complaint should be worded, you know, so that
they're showing how they're being discriminated against,
have discussed with them -- sometimes even before
they've submitted it to me -- how to write up the
complaint so that they're kind of covering their bases as
to what the allegations are and, like I said, how internal
affairs is going to proceed to investigate the complaint
and then submitted it to internal affairs.

*~*xee*

[page 41]

BY MS. YERGER:

Q. You talked about the administrative regulations.
Where are they located? I'm not sure that
you told us that.

A. Okay. Each station -- well, there are two binders of
administrative regulations, and they're referred to as AR
1 and 2. And they're at each station. Generally like a
station would have a library, and then there's usually a
copy like maybe in the sergeant's office, lieutenant's
office, captain's office.

Q. And parts of the manual are posted?

A. Not regularly, but there may be. If specific attention
-- if they want to draw specific attention to maybe
something new that's being issued or that they want to
make sure that everyone sees, they will sometimes post
it or bring it to the attention of people at a class.

Q. The sexual harassment policy is part of the

[page 42]

AR manual?
A. Yes.
Q. Is this sexual harassment policy posted?
A. It has been.
Q. In the barracks?
A. Yes.

62

Q. Do employees sign for the sexual harassment
policy; basically sign that they read it?

A. If I recall correctly, during the time that I was there
there were some changes made to the sexual harassment
policy. Like I said I believe that it went out per capita to
each employee, but also that it was supposed to be
posted on bulletin boards. And what they do is they have
just a check-off list with everyone's name from the station
on that list. Then as you read it, you're supposed to
check off that you did read that policy.

Q. Okay. I just want to go over the allegation. It says
that on -- in the complaint it says on or about August of
1998 Miss Suders called you. Does that sound about
right; August of 1998?

A. I really didn't remember the date.

Q. Okay. That's fine. Then the next allegation is that
you told Miss Suders to get a form to fill out but refused
to help her further.

[page 43]

Do you agree with that statement?

A. No, I don't. I just -- generally I cannot believe that
I would have refused to help Miss Suders. I may very well
and probably did tell her about filling out the form. But
I don't believe that I refused to help either in discussing
what the complaint should be, the allegations or giving
assistance in filling out the form or telling her where to
get the form.

~* ee &

[Reporter’s certification omitted in printing]

63

DEPOSITION OF: NANCY DREW SUDERS

se ee &

[Page 19]

Q. Let's go back to the state police was trying to
prevent you from getting hired.

A. Uh-huh.

Q Did you hear anything -- what did you hear that
suggested that was the case? Why do you think that?

A. Well, the sheriff told me from the beginning when
he found out that I had applied out there, he told me --
he said that -- well, they had a list of names. And on the
list was my name of people who had -- apparently had
applied or whatever. And he knew before -- well, we didn't
know at that point that I would be hired, but my name
was on a list. And he saw the list. Jody Lancaster had
this list of people who had applied for this job, and he
saw my name on the list. And he told me from the
beginning -- he said, they don't want you out there. He
said, they're -- they don't want you. He said, you know,
you shouldn't go out there. That's what he kept telling
me. I said, well, I have to -- you know, I applied, and I
want a chance.

[page 20]

That's all | wanted was a chance. And so then -- do you
have a question?

Q. No. Keep going, please.

A. So then Mike Fix called me one night, and he said,
Nancy, he said, who all did you put down for references.
And I gave him the list of references. And -- now I filled
out another application besides this, and | took it along
with me to the interview. Now, I don't have a copy of that.
But on this application it's Brenda Knepper -- she's
district justice -- Dwight Harvey, Fulton County District
Attorney; Bonnie Keefer -- Bonnie Mellott Keefer, Fulton

64

County Treasurer. On my -- on the application I gave to
the state police I also had Mike Fix -- he's the Fulton
County Republican Chairman -- Sue Yeager. She's the
aide to Representative Dick Hess. And I had Gary Decker,
Fulton County Commissioner. That was on my additional
list. Mike called me after the interview, and he asked me
-- he says, Nancy, I want a list of all the references. So |
ran down the list. None of them had been called. But the
Governor's office had told Mike that they had information
-- I assume from Easton -- that none of my references
were any good. But none of my references

[page 21]

had ever been called. Mike sent that list to Harrisburg,
and they took over from there.

Q. Had you spoken to any of the references to find out
for sure?

A. I know everybody. Mike knows everybody. Mike
contacted everybody. We knew that they had not been
called.

Q. Okay. Let me step back for a second. The sheriff
said you shouldn't go out to the police barracks. Did the
sheriff -- you worked for the sheriff?

A. Uh-huh.

Q. You did a lot of work for the sheriff?

A. Well, I worked for the sheriff.

Q. But you just said that you were probably in the
office more than he is?

A. Probably. The sheriffs out serving papers.

Q. Right. Did the sheriff indicate to you why
he didn't want you to go other than the fact that he was
losing an employee?

A. No -- definitely. He said everything he heard from
the troopers were negative reports. They didn't want me
out there, and that's all there was to it.

Q. Okay.

65

[page 22]

A. He told me that they knew that -- he said -- he kept
telling me -- he said, they don't want you because you're
a political appointment. | kept telling him | was not a
political appointment. All I did was fill out an application.
I never asked anybody to get me that job. I filled out that
application. And he said, they're all against you because
of politics. I said, that's not fair. Everybody has a right to
go to a job and do that job to the best of their ability
without being harassed.

**eeee

{Page 40]

Q. Who was your supervisor?

A. Whichever corporal was on duty at the time. | don't
recall who was there, if that's what you're asking.

Q.In general who was your supervisor that you
reported to at the barracks?

A. Whoever -- whichever corporal was on duty.

Q. Okay. When did you have PCO training at the
academy?

A. In June of '98.

Q And how long did that last?

A. Two weeks.

Q. And that was approximately two months after

[page 41]

you were hired? Two to three?

A. It was the third month.

Q. Okay. And how long did the training at the
academy last?

A. Two weeks.

Q. Okay. Now, you've told us in your complaint that
there was a series of different kinds of harassment. When
did that harassment start?

66

A. Approximately a week and a half to two weeks after
I was hired.

Q. Okay. And what's -- tell me what the first incident
of harassment was.

A. Generally, they -- well, they just started telling me
that I didn't do things right. ~

Q. Who's they?

A. The -- whoever the corporal would be on the
station. And I would do whatever he said that I should do.
I would listen to whatever he was telling me. And I would
try to do it the way he wanted me to do it. And then at
the same time Corporal Baker approximately at the same
time started doing his wrestling moves.

Q. Okay. So this was --

A. Approximately a week and a half to two weeks after
I started.

[page 42]

Q. Okay.

A. I --

Q. Did you -- were they any employees --

MR. BAILEY: I think she was going to

respond further.

BY MS. YERGER:

Q. Yeah, please. I'm sorry. I cut you off.

A. That was when I was put on my own without any
other PCQOs or -- around.

Q. So when you first started, you had another PCO
working with you?

A. Uh-huh. Yes.

Q. And then you were given the assignment by
yourself?

A. Uh-huh. Yes.

Q. And then --

A. Then it started.

Q. Okay. Complaints started that you were doing
things incorrectly?

A. Right. The harassment started.

67

Q. I guess I just want to talk about the harassment in
every form; the complaints about you not doing things
correctly. You've already told us about Corporal Baker,
and we'll get back to that. What other kinds of things

were going on

[page 43]

from the very start or from a week and a half in?

A. Well, they just -- like I said, it didn't matter what I
did, I couldn't -- it wasn't done right. I didn't answer the
phone like I should. I wasn't talking loud enough on the
phone -- on the radio. I was talking too softly. It was just
-- for eight hours according to them I just could not do
anything right.

Q. Okay. Tell me about the age discrimination.

A. Sergeant Easton would come out to the
communications room, and he'd go -- I'd be sitting at the
desk and doing my work, and he would go -- come in to
get something out of a file or he would go to the copier.
And the first thing he would say -- he'd say, it's getting
old -- it's awful getting old, isn't it, Nancy. I wouldn't
make any response to him.

Q. Anything else?

A. That was just a constant. He would say things like
that to me. And they had a birthday list they had posted
on the bulletin board. It had everybody's birthday on
there except mine. It had my name on there, but they
didn't have when my birthday was. And then one day --
it was in May -- Trooper Kagarise, he called me. And he
wanted me to get his --

[page 44]

his birthday list out of his mailbox. It was called a
mailbox. Everybody had a mailbox where you got your --
you received your checks and you kept papers in. And!
went, and I got it. He held on the phone. And he wanted
to know who all had a birthday in the month of June, and

68

I read that off to him. I checked the list for him. And he
made a remark that Trooper -- he was going to bake a
birthday cake for everybody whose birthday was in June.
But Trooper Culler, he don't want any birthday -- he
didn't want a cake. And so I! did that for him. | told him
who had their birthday in June. And I noticed on his list
my name wasn't on his list either. So apparently they had

-- everybody had lists of people's birthdays, and my name »

-- my birthday was not on anyone's list. And that was
humiliating. I mean they had this posted on the board
where everybody could see, plus they must have handed
out copies of it. And it was degrading. And then when
Easton went on to talk to Mike Fix, he made a remark
that a 25-year-old could catch on faster than I could. It
was a terrible feeling to know -- that's all he wanted to
talk about was my age; make fun of it.
Q. How else did he make fun of your age?

[page 45]

A. He basically would just come in there and just say
things like that to me. And it wasn't just once. It wasn't
offhanded. It was -- it was mean, spiteful. And he'd
expect an answer, and! wouldn't answer him.

Q. Did you ever tell him that it bothered you that he
was saying that?

A. No. I was afraid of him.

Q. What other kinds of things -- you told us about
some age. Were there any other age comments that were
made that bothered you?

A. Corporal Baker would call me momma. He asked
me one time how long I'd been married, and | told him
that I'd been married at that time 38 years. He says, well,
I can call you momma then. And I wasn't his mother. And
he -- here he was the supervisor. He's making fun of me
that I was his mother? And PCO Robert Strait was there
too. He was laughing too about it. Then one day | had to
take some letter -- before I -- I always had to get all my
work done which I did before | went home. And there was

69

some letters there that no one had put in the mailbox.
And I told him that I was going to take them out to the
mailbox. And he said, okay, momma. | mean |

[page 46]

was not his mother.

Q. Okay. What about -- there were some allegations
about sexual comments that were made. Can you tell me
about those that you recall?

A. Who do you want to talk about?

Q. Everyone. Everything that was said to you that
you determined was sexual or sexually harassing.

A. Easton, every time I'd go in his office, it didn't -- it
didn't matter why I was going in there. He would bring up
this business about people having sex with animals. He
would say, you know people have sex with animals. And
I wouldn't respond. I wouldn't say anything to him about
it. | wouldn't give an answer! guess you'd say. And he
would just bring it out -- just out of the clear blue sky.
He'd talk about sex with animals. Apparently he had a
fetish with bestiality or something. But that's all the man
wanted to talk about. And I heard him -- on different
occasions he liked to talk about sex. I would try to ignore
him, but he would just keep it up. He would come out to
that communications desk, and he liked to wear
Spandex shorts. And he'd come out to the

_ communications desk, and we had chairs with rollers on.

And he would sit down
[page 47]

on the chair, put his hands behind his head and spread
his legs apart. Every time he'd come out to the
communications desk, I would get up, get away from him
and stand at the desk or on the other side of the desk. It
had about a four foot high desk in front. I'd busy myself
someplace else, but that's what that man would do.

70

Q. Why would that offend you?

A. Because you could see his crotch.

Q. Okay. Did you ever tell him that you were
bothered --

A. I didn't --

Q. -- by this or any -- any of the comments?

A. I didn't tell him -- I was afraid of him. I-- I didn't
tell him that it bothered me he would sit there and do
stuff like that. But it did bother me. It embarrassed me.
And I didn't know what to do about it to make him stop.
He told me how he had friends in Harrisburg; no one
could touch him, it was my word against his word, he
had enough military time that he could retire now. He
told me that before I even got there. I had a meeting with
him, and he told me that he wasn't afraid of anyone.

[page 48]

Q. What was the context of that meeting? Before you
started work you met with him?

A. I had to go out there. He wanted to talk about
some papers work. I had some papers, something -- |
don't even remember what it was, but I filled out
something or other. And he told me he had some
concerns about me. He never said what kind of concerns.
And he said that -- and I said, well, I can do the job. And
he said -- he said, no one can touch me. He said, I have
friends in Harrisburg, I know the captain and anything
you Say is going to be my -- your word against mine.

Q. What was the context of a situation like that? Did
you -- I guess I'm trying to understand why somebody
would say that. :

A. I can't explain why the man said that unless it was
to intimidate me. And that's what I figured it was. He was
trying to intimidate me and keep me -- I don't know what
-- under his control or something; let me know that he
had friends in Harrisburg and he was -- that I was just
somebody who they weren't going to pay any attention to.
I imagine that's what it was.

71

—

ee lie Match Saws ee gl es cs a nl

Q. Why --
A. I can't get in his head. You'll have to ask

[page 49]

Q. Why -- explain to me why -- was there a
relationship between the two of you?

A. Absolutely not.

Q. A_ relationship like a friendship or an
acquaintanceship.

A. No. No. I knew who he was. He might have been in
our office once before that, but I didn't -- I didn't know

Q. Okay. Let's get back to other comments that were
made either by him or any of the other defendants or
anyone at the barracks.

A. Well, he and Trooper -- or Corporal Prendergast,

they were having a conversation about sex. And Easton,
he said about -- he said, well -- he said, if someone had
a daughter, he said, I think they ought to teach her how
to do -- give a blow job.
Prendergast, he starts laughing about something like
that. And Easton said, I'm serious. He said, | think you
ought to teach her how to do a good blow job. I got such
a pain in my chest to think anybody in authority like this
would suggest abusing a child like that.

Q. Okay.

[page SO]

A. I don't know if you -- have you ever listened to a
child testify on a stand how they've been abused by their
father or brother or uncle? Have you any idea what that
does to a child?

MS. YERGER: Should we take a break?

MR. BAILEY: Want to take a break, Nancy?

THE WITNESS: No. I'll be all right.

MR. BAILEY: I know it's difficult. Why don't you just

72

-- if you need a break, just say so.

BY MS. YERGER:

Q. Just let me know. Other conversations that were
made?

A. It's just this constant sex with animals all the time
he wanted to talk about. And | was afraid -- every time I
went to_his office | was afraid because -- and he had a
couch there. And he would shut the door. And I would sit
there at the end of the couch. Between me and that door
was a stamp machine on a stand. I would sit at the end
of that lousy couch so that he couldn't get that near me
and -- because | was afraid of him. He'd pull his chair
over, and he would -- he would just leer at -- just look at
me. And he'd start this lousy sex with animal story. It
didn't have anything to do with anything.

[page 51)

But he would come in, and he'd just start this garbage.

Q. Were you afraid that he was going to make sexual
advances?

A. I didn't know what he was going to do to me. |
guess I| was afraid.

Q Did he ever make sexual advances?

A No. I stayed away from him as far as I could. I guess
he was trying to -- I don't know -- see my reaction.

Q. Would you consider it flirting?

MR. BAILEY: I object to that. You can respond. You
can respond.

THE WITNESS: I don't know. I don't know.

BY MS. YERGER:

Q. I'm just trying to get to the nature of why she's
feeling so -- why she's feeling the way she felt with him;
an explanation.

A. As to -- 1 was afraid of the man. The man told me
-- he told me not too long after I got there that he would
do anything for PCO Jody Lancaster. He said, I'll wash
her car if she wants me to. And he says, if anybody does
anything to Jody Lancaster, he says, I'll take them out

73

back, shoot them in the head and bury their body where
nobody can find

[page 52]

it. That man told me that. I knew he was dangerous. He

told me how he was on a cert team and all he'd have to
do was just give the signal. He could be standing there
talking to somebody, and he could give the signal and his
sniper friend would kill them.

Q. Okay. Other comments?

A. I was sitting there -- it wasn't too long after I got
there, and I was still -- because | was still working with
another PCO. And it was within the first probably week or
two. And PCO Stacy Gelvin, she had a real short dress
on. It was a flouncy type dress; flowery in color and scoop
neck. And when she sat down at the communications
desk, of course it would hike up. And he came -- he
came in, and he said to her -- he said -- he said, you.
mustn't be wearing Victoria Secret nylons, he said,
because yours has a run in it. Then she started picking
at her leg, you know.

Q. Other comments?

A. Probably that's about all from him.

Q. Okay.

A. Do you want to talk about Baker --

Q. Sure.

A. -- then? Right after I got there --

[page 53]

probably after I was started being on the desk by myself
-- Baker started doing this wrestling move. He would
come in. He wanted to talk about wrestling. I wasn't into
wrestling. Baker, he gave me the nickname of
Nancinator. That was my wrestling name he said. And he
gave Stacy Gelvin the name of Momma G. And his
wrestling name was The Corporal. And he would talk
about wrestling. Then he would do this wrestling move

74

where he would cross his hands, grab hold of his private
parts and yell, suck it. The man did this, and he would
beat on it. He would beat his hands on his crotch too and
yell suck it. He would ask me to do this garbage. I told
him he'd never see me do something like that. And then
apparently -- and there was also a wrestler that yelled,
hell yeah. He would come in there and yell that. And he'd
tell me to yell hell yeah, and I would refuse. One -- I told
him -- I said, I don't think you should be acting like this.
And he said -- this one night I said, I don't think you
should act like this. 1 was so sick of it. It was a daily
thing. Well, every shift that I worked with him it was. And
he would do this five, ten times a night.

[page 54]

This one night he had been doing it and doing it. And I
said, | don't think you should be doing this. And he said,
well, I'll do it for the captain. With that he grabbed the
straight back chair, pulled it probably maybe -- maybe
five feet from where the communications desk was in the
middle of this communications room, jumped up in the
chair and he does this lousy move. And, you know, he's
grabbing his crotch, he's beating on his crotch and yelling
suck it. So I knew I couldn't go to Captain Holmberg
because apparently Captain Holmberg liked it too. I mean
the man wouldn't stop.

Q. Were you familiar with what he was doing? Did you
know it was a wrestling move?

A. He told me it was.

Q. You supplied --

A. I don't watch wrestling.

Q. You supplied a photo with your document --with
my document request to you, and I want to show that to
you. I don't have -- there you go. Was that photo supplied
with your document request?

MR. BAILEY: I think I supplied it.

MS. YERGER: Okay.

75

[page SS |

BY MS. YERGER:

Q Have you seen that before, Miss Suders?

A Yes.

Q Is that the move that Corporal Baker would do
when you say X motion?

A. That was -- that would be the beginning of his
move. His move went on down, and he grabbed his
genitals when his hands went down.

Q Okay. So his hands were lower than --

A Yes.

Q Okay. And you said that he would grab his genitals
and beat on his genitals?

A Yes. He would pound on it and -- yes.

Q You didn't explain it that way in your complaint.

A. Well -- well, he would grab --

MR. BAILEY: Is that a question?

MS. YERGER: Yes, it is a question.

BY MS. YERGER:

Q. Why didn't you explain it that way in your
complaint?

A. It's hard to explain in a complaint --

MR. BAILEY: Nancy, I composed -- I'm her attorney.
I composed the -- reviewed these materials and composed
the complaint for her. I'm going to object to

[page S56]

that question. I'm going to let you respond, if you
understand it. But a complaint under Federal Rule of
Civil Procedure 8 which requires --

MS. YERGER: You don't need to give me some law,
Don. Thank you, though.

MR. BAILEY: Pardon me?

MS. YERGER: I don't think you need to give me some
law.

MR. BAILEY: Then you don't need to ask questions

like that.
76

MS. YERGER: Okay. I'll withdraw it.

MR. BAILEY: This is difficult as it is. There's
sensitivities in doing this kind of work which you know,
and the lady's very upset.

MS. YERGER: I can see that, and I understand that.
My intention is not to make her upset.

MR. BAILEY: Please respect it. Thank you.

MS. YERGER: I want to understand. That's all.

MR. BAILEY: Thank you.

BY MS. YERGER:

Q. Okay. You've told us that Corporal Baker would do
this frequently?

A. Yes.

[page S57]

Q. And can you give us an idea of how frequently?

A. Probably five to ten times a shift. All he wanted to
do was play with his crotch. That's what it amounted to.

Q. When you say taking his genitals in his hands
which -- it was part of the complaint -- I -- and I
understand that to mean grabbing himself?

A. Yes. When his hands would go down on him. He
would spread his legs apart. And when he spread his legs
apart, then his hands would be further down than what
that picture is.

Q. Okay. Did he do -- did he do that every time as
well?

A. That's what he was doing every night -- or every
shift.

Q. So he wasn't doing -- just doing the X motion every
time, he was also grabbing every time?

A. Well, sure -- yeah. That's what -- 1 think -- well, |
don't know. Maybe he improvised and put his own moves
in with it. I don't know. I don't know watch wrestling.

Q. That's was my next question. You're not a wrestling

A. I don't watch wrestling.

77

[page 58]

Q. You've never watched wrestling?

A. A long, long time ago. Maybe 30 years ago or
something. I don't watch wrestling.

Q. Did you tell Corporal Baker that you were offended
when he was doing this?

A. Yes. And that's when he jumped on the chair.

Q. Did you tell anyone else that you were offended
when he did this?

A. On the station?

Q. Yes.

A. No.

Q. You also tell us in your complaint that there was
a picture. Is that the picture from the complaint that you
were referring to in the complaint?

A. That's a picture that was on the -- above his --
beside his desk.

Q. And just so I get an idea of where on the desk the
picture was.

A. Well, it was on the bulletin board beside the desk.

Q. Okay.

A. Right beside it.

Q. It wasn't at a locker?

A. No.

[page 59]

Q Did you ever point out the picture to anyone and
say you didn't like it or you were offended by it?

A. No. It wouldn't have done any good. You already
had him moving -- making the move.

Q. And it was that exact lower picture or was it all
three of those pictures?

A. He jumped -- he did a lot of jumping around too.
But the move he was doing was the bottom move, but he
rubbed -- he would rub his rear end and say, I have a
nice ass, don't I? I didn't respond to that either. He -- he
rubbed himself.

78

Q. Okay. Maybe you didn't understand.

A. That's not a wrestling move, but he did that too.

Q. Maybe you didn't understand my question. Were all
three of those pictures posted? When you say that there
was a posted picture at his desk, were all three?

A. Right. Yes.

Q. It was all three of those?

A. Yeah.

Q. Okay.

A. Yes.

Q. How are those pictures sexually offensive to

[page 60]

you?

MR. BAILEY: Well, first of all, let me place an
objection. I don't know that she ever indicated it was
sexually offensive. That's assuming a fact or testimony
certainly not in evidence.

MS. YERGER: Well, that's in the complaint under the
things that --

MR. BAILEY: The question is, how are those offensive
to you. That's fine.

THE WITNESS: I find it offensive because 1 had to go
into that corporal's room. Even when he wasn't there, it
still reminded me of what he did when he was there.

BY MS. YERGER:

Q. Okay. Other things that --

A. He kept it in my mind constantly.

Q. Other things that Corporal Baker did?

A. He rubbed his rear end, like I said before. And he
came in one -- one day I was at the communications
desk, and I was working with Robert Strait. And it was
just about time for the shift to end, but everything had to
be taken care of before you would leave. Baker came in
probably maybe quarter till 3:00. And he was just
wearing -- he was wearing a pair of shorts and T-shirt
like he came to work most of the time.

79

[page 61]

And I said hello to him and asked him how he was to,
you know, be polite. And he said, oh, my back hurts and
all this. And Robert Strait was at the communications
desk with his back to Baker, and he was at the computer
finishing an incident. Robert Strait said, Bake -- that's
what he called him; Bake. He said, can | rub the hair on
your legs? And Baker said, oh, Bobby. He said -- he said,
my back hurts, do you want to rub my back. No, I'll come
rub your back. And he comes over to Robert Strait. He
starts massaging Robert Strait's back, his neck and
saying amorous things like, oh, Bobby, what big strong
shoulders you have and just kept rubbing him. And I was
at the -- I was there at the -- taking care of the press
releases to make sure they were taken care of. And! said,
I don't think you should talk like that. And Baker turns
around to me. He says to me -- he says, what's the
matter, don't you like gays? Well, there was no yes or no
to that. Then he went on to say, well, I think Bobby ought
to get take -- get special treatment. And, you know,
what's the response to something like that? I couldn't
give any kind of response, and | didn't. I didn't give any
kind of response.

[page 62)

And Baker was still standing there. While he's telling me
about didn't | like gays, he's still rubbing Bob Strait's
neck and back.

Q. Did you find that offensive?

A. Yes, because if they -- if they were sweet on each
other, that's fine, but they didn't have to do it in the
communication room.

Q. You didn't -- you could not have interpreted that to
mean something other than they were sweet on each
other?

A. I don't know what to say to that.

Q. Okay.

80

A. I've never seen one man rub another man.

Q. Other incidents of harassment involving Corporal
Baker.

A. Baker --

MR. BAILEY: I'm sorry. Corporal Baker did you say?

MS. YERGER: Yes. Corporal Baker.

THE WITNESS: It was -- I believe it was -- anyway, he
-- I'm not sure if it was the same night or not because,
like I said, you had to clean everything up there. Some
nights I didn't get out of there -- or days didn't get out of
there exactly at 3:00 o'clock because you had to have
everything taken care_of.

[page 63]

Baker started talking about how he was going to get his
penis pierced and his wife was going to get her nipple
pierced. They were going to do this for their anniversary.
Well, what kind of response is that -- would I make to
something like that? It was so humiliating to hear a
grown man tell this stuff. 1 couldn't -- I couldn't stop him.
I mean, if he wants to do that sort of thing, he can keep
that private. I don't need to know it.

BY MS. YERGER:

Q. Did he tell you that?

A. Yes.

Q. No one else was in the room?

A. No. Bob Strait was there. I think it was the same --
I think it was all took place the same day because I was
still standing -- | remember where I was standing. I was
standing at the communications desk. And | think he left
Bob Strait then. Then he starts talking about what they
-- him -- about his -- him getting his penis pierced and
his wife's getting her nipple pierced for their anniversary.
Now, I don't know when their anniversary was. Maybe he
was just saying that. I don't know. But he's telling me
and he's telling Bob Strait too. Bob Strait's listening to it.

[page 64]

Q. Do you remember when it was?

A. I don't have the exact date in my mind at the
moment.

Q. Did you tell him that you didn't like him making
those comments in your presence?

A. I'd already told him about the wrestling move. What
good would it have done? I mean --

Q. Did you tell him --

A. I told him about rubbing Bob Strait, but I didn't tell
him I didn't like the rest of it about the penis and the
nipple piercing. I didn't tell him that.

Q. Did you tell --

A. I already told him once that -- that I didn't like him
talking and rubbing Bob Strait and saying amorous
things to him.

Q. Okay. So let me get this straight. You didn't make
a comment to him after the comment about the penis?

A. No. It wouldn't have done any good. He didn't care.

Q. Did you go to anyone else and tell them that you
didn't like those comments?

A. They didn't -- there wasn't any reason -- there was
no one on that station that I could go to. I had a sergeant
there who was talking about abusing

[page 65]

children and bestiality. There was no way I was going to
be able to tell him. There was nobody.

Q. Did you go anywhere outside the station to
complain about these comments?

A. I had talked to Mike Fix and Chris Davis about
what had been going on there at the station. I told them
about Baker's move, and they were relaying this
information to the Senator's office.

Q. Did you go to anyone in the Pennsylvania State
Police to complain about the actions of -- that you just
told us about?

82

MR. BAILEY: You mean aside from the -- the ones
she's already testified to?

MS. YERGER: You mean -- no. She just testified --

MR. BAILEY: Besides complaining to Baker?

MR. YERGER: Oh. Besides complaining to Baker.

MR. BAILEY: Yeah. I mean he was a supervisor. That's
all I'm saying. You mean outside of the station there?

THE WITNESS: I went to Virginia Smith Elliott
eventually.

BY MS. YERGER:

Q. Okay. We'll go back to that. Tell me about

[page 66]

any more comments that were made.

MR. BAILEY: By Baker or do you mean somebody
else?

MS. YERGER: I don't know if we're done with Baker
or not.

BY MS. YERGER: |

Q. You'll have to help me with that.

A. Right at the moment I guess -- | guess that's --
we're done with Baker. I don't -- I ean't -- I don't know.

Q. Okay. Anyone else direct comments that you
thought were sexually or otherwise harassing?

A. Not sexual.

Q. Okay.

A. No one else did sexual harassment.

Q. There were no other sexual comments by anyone?

A. No.

Q Any troopers?

A. No.

Q. What about other comments that you thought were
harassing, whether it was because of your age or because
of your political affiliation?

A. Prendergast pounded on me at every shift.

Q. Pounded? By --

83

[page 67]

A. By -- verbally. And he had been a -- well, had even
asked Easton, did you assign Prendergast to me, because
it was so obvious. Prendergast, I feel sure that he even
changed shifts -- shifts were changed so he could be on
the 3:00 to 11:00 with me. And Prendergast just kept at
me day after day. It didn't matter what I did. He called me
a liar. And that -- well, that's another thing about Easton.
Easton told me that the village idiot could do my job. He
insinuated -- I don't know who -- I don't know who this
village idiot was because I didn't know any. But
Apparently Easton did because he had this village idiot
that could do my job better than I could. I was told that
numerous occasions. But Prendergast, he would tell me
I was a liar and he was going to watch me. He was going
to watch me every shift the whole time.

Q. Was he going to watch you because he --

A. He didn't trust me. He was going -- and! was a
liar.

Q. What didn't he trust?

A. He just didn't trust me. He just -- he didn't trust
me. He kept telling me he didn't trust me. I -- he -- oh,
Easton and Prendergast both told me that the troopers
are in fear of their life.

[page 68]

I mean I was a deputy sheriff. I mean I don't know how |
was going to endanger their life, but he just kept telling
me he was going to watch me. He would go into that
corporal's room. He would pull that chair over there to
that doorway. There's a doorway in the front of him and
in back of him. He would sit there and turn the TV on.
And he would sit -- it was just a straight shot just like
that window is. I would sit there at the communications
desk, and he would watch and he would watch me. |
guess he kept one eye on the TV and another one on me.
I think the only time the man got up was maybe when he

84

went to the bathroom or to get something to eat. The man
would watch me.

Q. And you considered that sexual harassment?

A. No. I just -- I consider that downright harassment
because he just kept at me.
Q. And --

A. I don't know -- I don't know -- I don't know the
legal terminology of sexual harassment, but that was
harassment. The man wouldn't let me alone. He would
watch me.

Q. Was he giving you reasons for -- like if he would
give you a -- if he would tell you you were doing
something wrong, would he then explain how to do it

right?
[page 69]

A. No. He would -- every time I'd ask him for help, he
would say, you've been showed that, you've been showed
that. He would not help me.

Q. Did anybody help you?

A. Not any more than they had to. I would ask for
help. It was amazing. There's a corporal -- corporals
apparently didn't know how to do anything because they
would just bluff me off and mumble, oh, you ask so and
so when he comes in on shift. That's the kind of response
I would get. I had a trooper one night. He helped me at
the desk. He was -- for some reason he was assigned to
the desk. Once in a while there would be a trooper that
would be assigned to the desk. I don't know what for or
what reason. And he helped me one night. And I knew
him from -- he growed up in McConnellsburg. He knew
my family. And after the shift got over I thanked him for
helping me. And I told him -- I said, Brent Jessick, you
are a good teacher, you ought to teach. Oh, no, no, he
said. And I can't -- I wish I could, but I can't remember
who else was in that communications room that night
because I thanked him for helping me and being a real
good teacher.

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*_*e**

[page 71}

Q. Okay. What other incidents that you considered
harassment happened involving anyone?

A. Prendergast. Prendergast would come out there on
different occasions, and he'd have his -- he would be
maybe going out on an incident or something a couple
times that it happened. He -- he was going out. |

[page 72]

don't know what he was doing, but he would come out at
that communications desk. He would put a pair of black
gloves on. They didn't have any fingers in them. He would
stand -- like this was part of the communications desk,
and of course they ran like that. At the times it happened
I was sitting here at the computer. He came to the --
should I stop talking?

MR. BAILEY: Thank you.

BY MS. YERGER:

Q. Please continue.

A. But he came out to the other side of the
communications desk, and he had these black gloves on.
And he started doing this (indicating). And he would hit,
and he would hit on the other side of this
communications desk at me. He'd just stand there and do
that.

Q. Was he staring at you while he was doing this?

A. Yes. He would stand there, and he would do this
(indicating). That was intimidation. Like he had a
reputation of beating up on people, and it was -- he was
trying to -- he was threatening. | was -- | didn't know
what he would do. He would walk around, and he would
portray himself as this Nazi. And one day -- one evening
Trooper Sechoka

86

[page 73]

-- or Corporal Sechoka, he was sitting there at the
doorway there. I could see him. Prendergast was going
back through from -- he had gotten something off of the
top of the desk. He was walking back through. And he
reminded me of the tank commander in The Longest Day.
He would stand up real straight with this hateful look on
his face. And Corporal Sechoka said to him -- he was
looking at him. And he said to him -- he said, you remind
me -- and he said a curse word -- of a storm trooper or
Nazi. And Prendergast laughed. He said, I've been told
that many a times. And he started telling this story how
when he was stationed out near -- | think it was Philly --
Smithport -- how he went into this woman's apartment
one night. She went into the bathroom, and she locked
the door and crawled into the bathtub and pulled the
shower curtain. And when he knocked the door in, she
told him he was a storm trooper. And he laughed. He
said she even told that in court; how | was a Nazi and I
was a storm trooper. He was proud of it. He was proud
that he could go and intimidate people like that.

Q. Did you ever tell Sergeant Easton about
Prendergast's actions in terms of hitting his hands?

[page 74]

A. Easton -- Easton assigned Prendergast to me. I even
asked Easton if he had assigned him to me. And I said,
did you assign -- assign Prendergast to watch me or -- no.
I said -- that's not the way it was. I said, did you -- is
Prendergast assigned to me? I knew he had been because
he was the one who kept this constant harassment up.
He said, well, now, who would do that --

Q. Did you --

A. -- in a manner that dared me to say, well, you. |
mean | was afraid -- | was afraid to say that.

Q. So the answer to my question is, no, you didn't tell
Easton about hitting his hands?

87

A. That's right. Wasn't any use.

Q. Did you tell anyone outside of the Pennsylvania
State Police barracks who was a member of the
Pennsylvania State Police barracks? I'm sorry. Let me
rephrase that. That didn't come out quite right. Did you
tell anybody else in the Pennsylvania State Police outside
of the McConnellsburg barracks about what was
happening to you?

A. Concerning who?

Q. Concerning Prendergast hitting; concerning, you
know, some of these other comments.

A. When I called Virginia Smith Elliott, I told

[page 75]

her a lot -- a lot of this.

Q. Okay. We'll get back to that conversation with her
in a minute. So you told her about that?

A. I told her. Of course I was telling my husband.

Q. Okay. Other comments that were made to you that
you found were sexual or age or -- sexual harassment,
age harassment, discrimination.

MR. BAILEY: Could I -- I'll object to the form of the
question. If there's a legal definition to those things, of
course, you know --

MS. YERGER: Of course. I can rephrase it.

MR. BAILEY: Yeah, because, you know, asking her to
discern what is or is not this type of harassment, that
type of harassment --

BY MS. YERGER:

Q. Other comments that were made to you that were
offensive. |

A. It was offensive -- it was offensive to me every time
when Prendergast would call me a liar. Prendergast, he
accused me of taking home the accident file. Baker had
started accusing me, and that wasn't true. And then
Prendergast started one night; told me he wanted to talk
to me in the corporal's office and --

88

[page 76]

after roll call. I thought what's he going to do to me
tonight. And I went in there, and he started telling me
that I -- he accused -- started accusing me of taking the
accident file home. I said, I would -- I didn't do that. I
said, Bob Strait was there when you found it. I said -- I
said, that's not true. And he started telling me that Jody
Lancaster had told him all this stuff, and I said -- I said,
you bring your polygraph people down here. | said, I'll
take a polygraph, and she can take a polygraph. He said,
well, what's that going to prove? I said, you're going to see
who's lying. I was still thinking at that point that
somebody on this station was decent and honorable
maybe enough to get the truth. And it wasn't the case.
And I told him -- I said -- you know, he's standing there
telling me I'm a liar and he's going to watch me? And
then he tells me -- he said, we all know how you got your
job. He said, you're the last political appointment. He
said, and you're going to have to work through this with
the troopers. Well, I knew where that was coming from. |
knew that | didn't have a chance of trying to reason with
anybody, not even him, that | was telling the truth.

[page 77]

And Baker had -- like | said before, Baker had accused
me of taking this accident file home. When | left that
station -- the night that happened, when I left that
station, Bob Strait was there, Stacy Gelvin, Jody
Lancaster and Baker. Baker called me a little while after
I got home and wanted to know if I had this file. And I
said, well, no. I said I didn't have it. I said I would check
through my notes and things. | said, but if -- I knew I
didn't. And if I did, I would -- I would call him right back
or I'd bring it out. He says, no, no, that's all right. I didn't
have it of course, and | called him back and I told him.
And so then the next morning when | went in on the
shift, Bob Strait was working that shift also. I got in

89

there, and I signed on that computer. I don't know where
Bob Strait was. And I don't know when he -- I don't know
where he was. But after a while he came out into the
communications room, and he starts rumbling through
-- rumbling through the press releases. And he says, well,
here's that accident file. He said, you're my witness. And
I tried to tell Prendergast. And I asked Prendergast, and
Prendergast is accusing me of taking this ac

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385014_0695%3A06. Public record. Not legal advice.