Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 2

This is Part 2 of former Deputy Sheriff Zane Seipler’s lawyer Blake Horwitz’ request for sanctions against Sheriff Keith Nygren.

This motion was filed in response to a request for sanctions against Seipler by Nygren attorney James Sotos in Seipler’s Federal wrongful termination case.

Most of the post consists of direct quotes from the Seipler motion for sanctions.

“Plaintiff asks that his Court entertain a dispositive disposition in connection with this motion in the form of default and/or the striking of affirmative defenses,” the introduction of the filing reads.

Circumstances of the three instances of Defendants’ alleged violation of the Court’s Protective Order are then discussed. (Paragraphing and formatting has been added to make the text easier to read on a computer screen.)

“Milliman Transcript

“The Defendants submitted confidential and/or sensitive materials to third parties. Scott Milliman testified that Sheriff Nygren and Jose Rivera committed serious crimes, as this Court may remember. The transcript was tendered to

  • non-party civilian Jose Rivera,
  • Sgt. Ellis and
  • Undersheriff Zinke (Exhibit A) and
  • a reporter for the Northwest Herald.

“In the Herald’s expose, a scathing editorial was drafted, comparing Scott Milliman to a Sesame Street character (Exhibit B). The Herald’s attack is now available for all to see since December of 2010.

“A quick review of the article demonstrates its chilling effect on any other officer who could and/or would testify in this matter.

“Five officers have come forward and testified, under oath, that they were fearful of testifying in this cause due to the repercussions of testifying against Sheriff Nygren [Foot Note 1].

= = = = =
Foot Note 1 – “Deputies Gerald Bodden, Cynthia Matteson, Timothy Matteson, Scott Milliman and Jill Tutt. Scott Milliman was terrified during his deposition. He was afraid that he too was going to be killed for his testimony. His eyes watered and had difficulty answering certain questions. If Defendants contradict this representation, Plaintiff’s counsel shall order the transcripts and demonstrate same to the Court. Plaintiff seeks to limit public dissemination of this information due to the fear these officers experienced in the depositions.”
= = = = =

“Their fears were justified.

“The transcript was tendered to three nonparties and the Northwest Herald. Milliman was fired for his comments.

“Further, there can be no justification for tendering a transcript concerning alleged criminal activity to a purported coconspirator in crime (Jose Rivera). This is particularly true and obvious as applied to a Sheriff’s Department. To be clear, the Court’s Confidentiality Order required non-dissemination:

“’Confidential Matter [includes] … information that is of a sensitive or non public-public nature regarding …. Defendants, non party witnesses…’ (Exhibit C). This Court now has direct evidence of a willful disregard for this Court’s authority. The affidavits (Exhibit A) speak for themselves…

“Blake Horwitz certifies that he received the Milliman transcript on January 20, 2011, via e-mail and did not disseminate the transcript to anyone. Jensen Court reporters, via Laura Davis, state that the transcript was tendered to Defense Counsel on December 7, 2010.

“Circumstantial evidence demonstrates that Defendants tendered the transcript to the Northwest Herald. Just as it published a scathing review of Deputy Milliman, the Herald is a weekly mouthpiece for the Sheriff, espousing his point of view on a variety matters, including this litigation.”

= = = = =

More tomorrow.


Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 2 — 2 Comments

  1. ” the Herald is a weekly mouthpiece for the Sheriff”- I want to hire this Horowitz fella.

    He just says it like it is. Does this mean that Nygren may have lied under oath too?

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