August 18th, 2010 By JAMES PITKIN | News | Posted In: CLEAN UP, Cops and Courts, CLEAN UP

Cop-Suing Lawyer Pulls a Fast One on the City and Sgt. Kyle Nice



While reporting this week's story about antiwar protester Joe Walsh's lawsuit against the city of Portland, we ran across a supremely entertaining gem related to another case against the city's cops.

The exchange came while Greg Kafoury, a Portland lawyer well-known for suing the city's police, deposed Sgt. Kyle Nice (pictured above, courtesy KOIN) on April 9.

Kafoury was deposing Nice that day for Walsh's case. But April 9 also is the same day Kafoury filed a lawsuit in another case on behalf of a driver Nice has admitted to pulling his gun on during an off-duty road-rage incident in Washington County earlier this year.

For the real fun in the April 9 deposition, read down to get deputy city attorney David Landrum's response to Kafoury's closing questions. But first, here's the exchange between Kafoury and Nice that sets up the later exchange between Landrum and Kafoury:
Kafoury: Okay. The [Portland Police] Criminal Intelligence Unit does monitor protest events?

Nice: Yes.

Kafoury: Do they sometimes have their people in plainclothes mingling with the crowds?

Nice: Yes.

Kafoury: Common?

Nice: Common. Depends on the event.

Kafoury: OK. Are off-duty officers allowed to carry concealed weapons without a concealed-weapons permit?

Nice: Yes.

Kafoury: Just because they are officers?

Nice: Yes.

Kafoury: OK. And that authority comes from the police bureau?

Nice: Actually, there was a national law passed a couple years ago that allowed that. But before that, yes, it was state law.

Kafoury: And that's also part of the policy of the Portland police?

Nice: I don't know if we have a specific policy about it. I think it's — that power is given us to [sic] by ORS.

Kafoury: And it's well known among — it's well known in the police department that a lot of officers carry weapons off-duty or carry weapons when they are not on the clock?

Nice: Yeah, I would say it's about 50, 60 percent.

Kafoury: And without being any more specific, what county is your residence?

Nice: Mine?

Kafoury: Yeah.

Nice: Washington.

Kafoury: Thank you. That's all I have.

OK, now break out the popcorn and prepare to be entertained.

At the end of the deposition, an associate of Kafoury legally serves Nice with court documents—presumably related to the road-rage case. That's when it appears that Landrum, the lawyer from the city attorney's office, finally figures out what was going on with Kafoury's final questions to Nice.
Landrum: Who is that?

Kafoury: I have to serve some papers.

Landrum: On who, Nice?

Kafoury: Yeah, on Sgt. Nice.

Landrum: Is that why you were asking those questions about the guns? So, you were using this deposition for some purpose other than this case. Is that right?

Kafoury: You got a problem?

Landrum: Say it on the record. Were you? Were you?


Kafoury: I'm not being deposed, counsel.

Laundrum: You were, weren't you?

Kafoury: I'm not here to be deposed. And I don't have to answer your question.

Landrum: That's going to be trouble.

Kafoury: Well, you can bitch to high heaven. Please serve the gentleman.

You can download this portion of the deposition transcript here (PDF).
 
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