MR. GRABER: AND, FINALLY, YOUR HONOR, I WOULD JUST REPRESENT THAT THE ARRAIGNMENT OR INITIAL PRESENTMENT IN THIS CASE OCCURRED ON MONDAY AT 3:33 P. M., WITH RESPECT TO MR. THOMAS, WHICH I NOTED IN THE MAGISTRATE'S COURTROOM AS SOON AS WE APPEARED, AND THAT WOULD BE REFLECTED ON THE TAPE RECORDING OF THOSE PROCEEDINGS.
THE COURT: LET ME GET THE DATES AND THE MONTH BACK IN MY HEAD. SATURDAY WAS WHAT DAY?
MR. GRABER: THE 24TH OF SEPTEMBER.
THE COURT: AND MONDAY WOULD BE THE 26TH.
MR. GRABER: THE 26TH OF SEPTEMBER.
THE COURT: ALL RIGHT. THANK YOU.
THE DEPUTY CLERK: DEFENDANT'S EXHIBIT NO. 11 MARKED FOR IDENTIFICATION.
(DEFENDANT'S EXHIBIT NO. 11 MARKED FOR IDENTIFICATION.)
THE DEPUTY CLERK: DEFENDANT'S EXHIBIT NO. 12 MARKED FOR IDENTIFICATION.
(DEFENDANT'S EXHIBIT NO. 12 MARKED FOR IDENTIFICATION.)
THE COURT: ARE THERE TWO EXHIBITS?
MR. GRABER: YES, ONE PERTAINING TO MR. THOMAS, WHICH IS DEFENDANT'S EXHIBIT NO. 11.
THE COURT: RIGHT.
MR. GRABER: I WOULD MOVE THOSE INTO EVIDENCE AT THIS TIME.
THE COURT: WITHOUT OBJECTION, THEY ARE RECEIVED.
MR. SHMANDA: NO OBJECTION, YOUR HONOR.
THE DEPUTY CLERK: DEFENDANT'S EXHIBITS 11 AND 12 MARKED INTO EVIDENCE.
(DEFENDANT'S EXHIBITS 11 AND 12 RECEIVED IN EVIDENCE, RESPECTIVELY.)
MR. GRABER: YOUR HONOR, I WOULD CALL MR. THOMAS AT THIS TIME.
THE COURT: VERY WELL.
MR. GRABER: MR. THOMAS.
WHEREUPON,
WILLIAM THOMAS WAS CALLED AS A WITNESS, AND, HAVING BEEN FIRST DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
THE DEPUTY CLERK: BE SEATED, PLEASE.
DIRECT EXAMINATION -- BY MR. GRABER:
Q. WOULD YOU PLEASE STATE YOUR . . . SIR?
A. WILLIAM THOMAS.
Q. AND WHERE DO YOU RESID...
A. ON THE EARTH. I SPEN. . . PARK.
Q. ON SEPTEMBER 24, 19. . . BE IN THE PARK ON THAT DAY?
A. SEPTEMBER 24TH? YES.
Q. WHAT WERE YOU DOING IN THE PARK ON THAT OCCASION?
A. I WAS MAINTAINING AN AROUND-THE-CLOCK VIGIL.
Q. HOW LONG HAD YOU BEEN DOING THAT?
A. I STARTED ON JUNE 3, 1981.
Q. ARE YOU FAMILIAR WITH THE CAMPING REGULATION WITH WHICH YOU ARE CHARGED IN THIS CASE?
A. YES.
Q. WOULD YOU JUST BRIEFLY TELL THE COURT WHY YOU ARE DEMONSTRATING IN LAFAYETTE PARK?
A. I AM DEMONSTRATING IN LAFAYETTE PARK BECAUSE I WANT TO DRAW TO THE ATTENTION OF THE PUBLIC THE CONTRADICTIONS IN THE LOGIC OF NUCLEAR WARFARE.
I ALSO WANT TO DEMONSTRATE THAT MANY OF THE THINGS THAT WE BELIEVE ARE NOT TRUE, AND WHEN WE PREDICATE BEHAVIOR ON UNTRUE BELIEFS, IT IS NOT VERY CONSTRUCTIVE.
Q. MR. THOMAS, I HAVE A DOCUMENT WHICH HAS BEEN MARKED FOR IDENTIFICATION AS DEFENDANT'S EXHIBIT NO. 10, AND I WOULD ASK YOU TO LOOK AT THIS AND JUST TELL US IF YOU HAVE SEEN IT BEFORE?
A. THIS IS A STATEMENT THAT I WROTE ON NOVEMBER 27, 1981.
Q. DOES THAT --
A. IT WAS --
Q. DOES THAT DOCUMENT ADDRESS THE REASONS FOR WHICH YOU FEEL THAT YOU NEED TO BE PRESENT IN THE AREA OF THE WHITE HOUSE?
A. IT SPEAKS OF MY RELIGIOUS CONVICTIONS, REFUSING TO TAKE PART IN A SYSTEM WHICH I VIEW AS BEING DESTRUCTIVE AND AMORAL.
Q. BUT DOES THAT DOCUMENT SET FORTH SOME OF THE REASONS WHY YOU ARE PRESENT AT THE AREA OF THE WHITE HOUSE, AS YOU SEE IT?
A. YES, I WAS JUST ENUMERATING THE REASONS.
Q. EXCUSE ME?
A. YES, IT DOES. I WAS ENUMERATING THE REASONS AS THEY ARE SET FORTH IN THE DOCUMENT.
MR. GRABER: YOUR HONOR, I HAVE PROVIDED A COPY OF THAT TO THE GOVERNMENT. I WOULD MOVE THAT INTO EVIDENCE AT THIS TIME.
THE DEPUTY CLERK: WHAT NUMBER IS THAT, PLEASE?
THE COURT: LET'S MARK IT FOR IDENTIFICATION.
MR. GRABER: IT HAS BEEN MARKED AS DEFENDANT'S ETHIBIT’S. NO. 10.
THE COURT: ALL RIGHT. EXHIBIT NO. 10 WILL BE RECEIVED.
THE DEPUTY CLERK: DEFENDANT'S EXHIBIT NO. 10 MARKED TO EVIDENCE.
(DEFENDANT'S EXHIBIT NO. 10 RECEIVED IN EVIDENCE.)
BY MR. GRABER:
Q. MR. THOMAS, IN YOUR EXPERIENCE DEMONSTRATING, HAVE YOU HAD OCCASION TO BECOME FAMILIAR WITH THE MANNER IN WHICH HE PARK POLICE HAVE ENFORCED THE CAMPING REGULATION WITH REGARD TO YOURSELF?
A. YES.
Q. COULD YOU EXPLAIN TO THE COURT WHAT YOUR EXPERIENCE HAS BEEN IN TERMS OF HOW THE PARK POLICE HAVE ENFORCED THE REGULATION WITH REGARD TO YOU, THE CAMPING REGULATION?
A. WELL, BASICALLY, EVER SINCE I BEGAN MY VIGIL, OR SHORTLY AFTER: THE FIRST EXPERIENCE THAT I HAD WITH THE REGULATION ION ON CAMPING WAS ON JULY 7, 1981. THAT WAS MY FIRST ARREST FOR CAMPING.
AT THAT TIME I EXPLAINED THAT I WAS MAINTAINING A VIGIL AD THAT I WAS NOT CAMPING. THE CHARGE WAS NO-PAPERED, AND WASN'T ARRESTED AGAIN FOR CAMPING UNTIL NOVEMBER 27TH, WHICH AS THE OCCASION ON WHICH I WROTE THE EXHIBIT NO. 10, THAT AS JUST SUBMITTED.
THE REASON FOR WRITING THAT WAS TO STATE CLEARLY IN WRITING WHY MY ACTIVITIES WERE, IN FACT, PROTECTED UNDER THE FIRST AMENDMENT OF THE CONSTITUTION AND NOT A CRIMINAL ACTION, AS ALLEGED BY THE GOVERNMENT IN CALLING IT CAMPING.
I WAS ARRESTED AGAIN ON DECEMBER 3RD FOR CAMPING. I AS ARRESTED AGAIN ON DECEMBER 12TH FOR CAMPING.
ON EACH OF THOSE THREE OCCASIONS THE CHARGES WERE NO-PAPERED. I WAS NOT ARRESTED AGAIN FOR CAMPING UNTIL JUNE 7TH. AND ALTHOUGH I WAS VERY FAMILIAR WITH THE REGULATION --
THE COURT: JUNE 7, 1983?
THE WITNESS: PARDON ME. JUNE 7, 1982.
THE COURT: 1982.
THE WITNESS: YE S.
THE COURT: ALL RIGHT.
THE WITNESS: THE OTHER ARRESTS WERE NOVEMBER 27TH, DECEMBER 3RD --
THE COURT: I HAVE THOSE. NOVEMBER 27TH, DECEMBER 3RD --
THE WITNESS: THOSE WERE IN 1981.
THE COURT: (CONTINUING) -- AND DECEMBER 12, 1981.
THE WITNESS: YES.
THE COURT: NOW, YOU ARE TO JUNE 17, 1982.
THE WITNESS: JUNE 17, 1982, WAS THE FIRST ARREST UNDER HE NEW REGULATION, WHICH HAD BEEN PROMULGATED ON JUNE 4TH OF 982.
MY UNDERSTANDING OF THE REGULATIONS WAS THAT THERE WERE SEVEN DIFFERENT COMPONENT --
BY MR. GRABER:
Q. I AM NOT ASKING ABOUT YOUR UNDERSTANDING.
A. OH, THE WAY THEY ENFORCED IT?
Q. HOW THEY ENFORCED IT.
A. WELL, IT HAS COME DOWN SIMPLY TO BE SLEEPING. I HAVE HAD MANY POLICE OFFICERS AND SERGEANTS TELL ME THAT CAMPING SLEEPING.
THE COURT: WE DO NOT WANT TO KNOW WHAT THEY TOLD YOU.
THE WITNESS: WELL, THEIR ACTIONS SEEM TO REFLECT AT THEY REVIEW SLEEPING AS CAMPING.
BY MR. GRABER:
Q. ALL RIGHT. NOW, COULD YOU PLEASE TELL US: THERE ARE TIMES DURING A DEMONSTRATION WHEN YOU FALL ASLEEP; IS THAT FAIR TO SAY?
A. YES. IT IS FAIR TO SAY IT IS UNAVOIDABlE.
Q. NOW, DO YOU VIEW THAT YOUR SLEEPING, IN AND OF ITSELF, EXPRESSIVE OF SOME MESSAGE?
THE COURT: I AM NOT GOING TO TAKE HIS OPINION ON WHAT HE THINKS HIS SLEEPING IS. THAT IS A MATTER OF LAW.
MR. GRABER: WELL, YOUR HONOR, IN THE CCNV II CASE, LOT OF THAT CASE TALKS ABOUT WHETHER THE SLEEPING IS, ITSELF, EXPRESSIVE. I DON'T KNOW HOW ELSE TO DETERMINE THAT UNLESS GET SOMETHING --
THE COURT: WHY DON'T YOU JUST ASK HIM WHY HE SLEEPS THE OCCASIONS WHEN HE WAS ARRESTED.
MR. GRABER: I AM NOT SURE THAI THAT --
THE COURT: WELL, YOU JUST ASK YOUR QUESTION.
BY MR. GRABER:
Q. WHY DO YOU SLEEP, SIR?
THE COURT: ON THE OCCASION WHEN YOU WERE ARRESTED JUNE 17, 1982, WERE YOU ASLEEP?
MR. GRABER: YOUR HONOR, THAT WAS NOT MY QUESTlON.
COURT: THAT IS MY QUESTION.
THE WITNESS: NO, I WASN'T ASLEEP THAT NIGHT.
THE COURT: OKAY. GO AHEAD.
BY MR. GRABER:
Q. MR. THOMAS, DO YOU FEEL THAT THE ENTIRETY --
THE COURT: MR. GRABER, I AM NOT GOING TO LET HIM STIFY ABOUT WHAT HE FEELS.
BY MR. GRABER:
Q. WHAT ARE YOU TRYING TO EXPRESS BY YOUR PRESENCE?
A. I AM TRYING TO EXPRESS --
THE COURT: ARE YOU TRYING TO EXPRESS SOMETHING YOUR PRESENCE?
THE WITNESS: I AM TRYING TO EXPRESS SOMETHING.
THE COURT: ALL RIGHT. WHAT IS IT?
THE WITNESS: I AM TRYING TO EXPRESS THE LENGTHS WHICH A MORAL PERSON IS FORCED TO GO TO AVOID CONTRIBUTING TO A TOTALLY AMORAL IDEA, NUCLEAR WEAPONS WITHIN THIS SOCIETY.
I AM FORCED TO LIVE WITHOUT ACCOMMODATIONS FOR THE SIMPLE REASON THAT I REFUSE, FOR REASONS OF MORAL BELIEF, TO CONTRIBUTE TO THE CONSTRUCTION OF NUCLEAR WEAPONS.
IN ORDER FOR ME TO BE THERE 24 HOURS A DAY AND SHOW SOME COMMITMENT -- IF IT WERE A LARGER GROUP, IF IT WERE AN ORGANIZATION THAT I HAD, THEN IT WOULD BE POSSIBLE TO ASSIGN DIFFERENT PEOPLE DIFFERENT TIMES OF THE DAY TO COME AND STAY AWAKE AND WATCH THE SIGNS. BUT SINCE I DON'T HAVE OTHER PEOPLE THAT I CAN SET UP SHIFTS WITH, IT IS NECESSARY THAT I BE THERE MYSELF, 24 HOURS A DAY. BECAUSE IF I SHOULD LEAVE, THE POLICE, AS HAS OFTEN BEEN THE CASE, WILL CONFISCATE ALL OF MY SIGNS.
BY MR. GRABER:
Q. NOW, MR. THOMAS, DIVERTING A LITTLE BIT TO THE MORNING OF THE ARREST --
THE COURT: LET ME JUST GET THIS DOWN. YOUR POINT IS THAT YOU FEEL THAT YOUR MESSAGE REQUIRES THE PRESENCE OF SOMEONE DOING WHAT YOU ARE DOING 12 HOURS A DAY.
THE WITNESS: TWENTY-FOUR HOURS A DAY.
THE COURT: TWENTY-FOUR HOURS A DAY.
THE WITNESS: BUT IT IS MORE THAN THAT, TOO. I FEEL THAT THERE ARE HISTORICAL PRECEDENTS FOR THIS TYPE OF SYMBOLISM.
THE COURT: BUT, BEYOND THAT, IF THERE WERE OTHER PEOPLE, IF YOU HAD AN ORGANIZATION, IT MIGHT NOT BE NECESSARY, IN YOUR VIEW, TO SLEEP. BUT SINCE YOU ARE THE ONLY ONE, AND YOU CAN'T SHARE THE RESPONSIBILITY WITH ANYBODY TO BE THERE 24 HOURS A DAY, YOU HAVE TO SLEEP. IS THAT YOUR POINT?
THE WITNESS: YES, BASICALLY. I HAVE SOME HELP FROM CONCEPCION. AND THE WAY WE WORK NOW IS THAT IF ONE OF US NAPS, THE OTHER ONE IS AWAKE. AND ALL WE DO IS NAP. WE GET TWO OR THREE HOURS SLEEP A NIGHT. BUT WE CAN WORK TOGETHER THIS WAY, BUT AT SOME TIMES WHEN ONE IS AWAKE AT 4:00 O'CLOCK IN THE MORNING, THERE IS NOTHING HAPPENING. THE OTHER ONE IS NAPPING, AND YOU ARE SlTTlNG UP ON THE SIDEWALK, AND MAYBE YOUR EYES CLOSE, AND YOU DOZE OFF. THEN WE FALL LIABLE TO ARREST. IF ONE OF US IS AWAKE --
THE COURT: LET ME ASK YOU THIS: WOULD IT BE POSSIBLE TO GET UP AND GO SOMEWHERE ELSE FOR THOSE THREE HOURS, FOR ONE OF THE TWO OF YOU?
THE WITNESS: WELL, THEN, THE OTHER ONE IS SITTING THERE BY THEMSELF (SIC), AND IF THEY DOZE OFF, THEN THEY GET ARRESTED.
THE COURT: HAS THAT HAPPENED?
THE WITNESS: JUDGE, IF YOU GET BETWEEN TWO AND FOUR HOURS OF SLEEP --
THE COURT: ARE YOU THERE AS A PLAYER ALL THE TIME, OR IS ONE OF YOU THERE, ONE AT A TIME, SOMETIMES?
THE WITNESS: AS A RULE, WE ARE BOTH USUALLY THERE. BUT AT TIMES SHE HAS TO RUN AN ERRAND, OR I HAVE TO RUN AN ERRAND, AND ONE OF US WILL BE THERE ALONE.
AND AT OTHER TIMES THERE ARE PASSERS-BY WHO STOP AND TALK.
BY MR. GRABER:
Q. WHEN DID YOU START YOUR VIGIL, IF YOU RECALL, WHAT DAY?
A. JUNE 3, 1981.
Q. MR. THOMAS, I HAVE SOME PHOTOGRAPHS THAT --
THE DEPUTY CLERK: DEFENDANT'S EXHIBITS 13 THROUGH 18 MARKED FOR IDENTIFICATION.
(DEFENDANT'S EXHIBITS 13 THROUGH 18 MARKED FOR IDENTIFICATION, RESPECTIVELY.)
BY MR. GRABER:
Q. MR. THOMAS, I HAVE SOME PHOTOGRAPHS THAT I AM GOING TO SHOW YOU, WHAT HAVE BEEN MARKED FOR IDENTIFICATION AS DEFENDANT'S 13 FOR IDENTIFICATION THROUGH DEFENDANT'S 17 FOR IDENTIFICATION.
I ASK YOU IF YOU RECOGNIZE WHAT THOSE PHOTOGRAPHS DEPICT? PERHAPS WE SHOULD START, FOR THE RECORD, WITH DEFENDANT'S EXHIBIT NO. 13?
A. I CAN'T RIGHT OFF THE TOP OF MY HEAD SPECIFY THE DATES AND THE TIMES, BUT I DID TAKE NOTES, AND I KNOW WHO TOOK THE PICTURES.
Q. WHAT LOCATION IS THIS?
A. THIS IS LAFAYETTE PARK. THIS IS THE SITE OF MY VIGIL.
Q. IS THAT APPROXIMATELY WHERE YOU WERE, OR NEAR WHERE YOU WERE, ON SEPTEMBER 24, 1983?
A. YES, THAT IS JUST ABOUT PRECISELY WHERE WE WERE.
Q. WOULD THAT HAVE DEPICTED THE SIGNS THAT YOU WOULD HAVE HAD DISPLAYED ON SEPTEMBER 24, 1983?
A. WELL, WE ADDED TWO SIGNS SINCE SEPTEMBER 24TH. HERE IS ONE THAT SAYS --
Q. WELL, I DON'T NEED TO KNOW WHAT THE SIGNS SAY.
A. ALL RIGHT.
Q. DO YOU KNOW IF THAT WAS TAKEN DURING THE DAYTIME OR THE NIGHTTIME?
A. I THINK THAT THIS ONE WAS TAKEN AT AROUND 1:00 A. M., BUT, IF I COULD LOOK AT MY NOTES, I MIGHT BE ABLE TO TELL YOU MORE PRECISELY.
Q. DIRECTING YOUR ATTENTION TO DEFENDANT'S EXHIBIT I
NO. 14 FOR IDENTIFICATION, COULD YOU EXPLAIN WHAT THIS PHOTOGRAPH DEPICTS?
A. THIS IS A PICTURE OF MY VIGIL SITE FROM THE NORTH SIDE, AND IN EACH PICTURE THERE IS A PICTURE OF -- CONCEPCION IS lN THE PICTURE, MAKING A SYMBOL?
A. IS THERE A FENCE ON DEFENDANT'S EXHIBIT 14?
A. YES, THERE IS A SNOW FENCE THAT IS CLEARLY VISIBLE THERE.
Q. DOES THAT HELP YOU PLACE THE DATE THAT THAT PHOTOGRAPH HERE. MAY HAVE BEEN TAKEN?
A. THAT MEANS THAT THE PHOTOGRAPH WAS CERTAINLY TAKEN FTER SEPTEMBER 25TH OF THIS YEAR.
Q. HOW ARE YOU ABLE TO SAY THAT?
A. BECAUSE THE DAY AFTER WE WERE ARRESTED ON THE 24TH, WHEN WE RETURNED TO THE PARK, THE PARK SERVICE HAD PUT UP THESE THREE SNOW FENCES ENCLOSING THREE SECTIONS OF THE PARK ADJACENT TO PENNSYLVANIA AVENUE.
Q. WHERE WERE THOSE FENCES LOCATED?
A. IN THE SMALL GRASSY AREA DIRECTLY IN THE CENTRAL PART OF THE SOUTH SIDE OF THE PARK AND THE TWO GRASSY AREAS ON EITHER SIDE OF THAT.
Q. DO YOU KNOW WHETHER OR NOT THOSE FENCES ARE STILL THERE?
A. TWO OF THEM ARE STILL THERE. ONE HAS BEEN TAKEN DOWN FOR THE MENORAH. THEY PUT UP A MENORAH FOR CHANUKAH, AND THEY TOOK THE FENCE DOWN. THAT IS TO THE LEFT OF THIS.
Q. ALL RIGHT. NOW, SHOWING YOU WHAT HAS BEEN MARKED FOR IDENTIFICATION AS DEFENDANT'S EXHIBIT NO. 15, DOES THAT PHOTOGRAPH -- COULD YOU TELL US WHAT THAT DEPICTS?
A. THAT DEPlCTS THE VIGIL SCENE AGAIN. l BELlEVE THAT WAS A DIFFERENT NIGHT. CONCEPCION IS VISIBLE IN THE PICTURE MAKING A SYMBOLIC GESTURE.
Q. DO YOU HAVE ANY IDEA WHAT TIME THAT PHOTOGRAPH WAS TAKEN?
A. THIS WAS SOMETIME BETWEEN MIDNIGHT AND 3:00.
Q. OKAY. NOW, SHOWING YOU WHAT HAS BEEN MARKED AS DEFENDANT'S EXHIBIT NO. 16 FOR IDENTIFICATION, COULD YOU DESCRlBE WHAT THAT DEPICTS?
A. THAT IS CONCEPCION MAKING ANOTHER SYMBOLIC GESTURE, AND THE VIGIL SITE. THAT IS SOMETIME --
THE COURT: I CAN'T UNDERSTAND THE LAST OF WHAT HE SAID.
THE WITNESS: I SAID IT IS THE VIGIL SITE, SOMETIME IN THE EVENING OR THE MORNING. I AM NOT SURE. I THINK THIS ONE WAS ABOUT 11:00 O'CLOCK AT NIGHT.
BY MR. GRABER:
Q. . OKAY. NOW, FINALLY, DEFENDANT'S EXHIBIT 17 FOR IDENTIFICATION, WHAT DOES THAT DEPICT, SIR?
A. THAT IS THE SAME SITE AND CONCEPCION MAKING ANOTHER SYMBOL GESTURE.
Q. DO YOU HAVE ANY IDEA APPROXIMATELY WHAT TIME THAT PHOTOGRAPH WAS TAKEN?
A. SOMETIME BETWEEN MIDNIGHT AND 3:00, I GUESS, I WOULD IMAGINE.
Q. DO ALL OF THESE PHOTOGRAPHS FAIRLY DEPICT WHAT YOUR VIGIL SITE LOOKED LIKE DURING THE GENERAL TIME FRAME OF SEPTEMBER 4TH?
A. YES. THEY ARE A PRETTY FAIR REPRESENTATION.
Q. ALL RIGHT.
MR. GRABER: YOUR HONOR, I WOULD MOVE THESE INTO EVIDENCE.
THE COURT: VERY WELL.
MR. SHMANDA : NO OBJECT ION, YOUR HONOR.
THE DEPUTY CLERK: WHICH NUMBERS ARE THEY, PLEASE?
MR. GRABER THESE ARE DEFENDANT'S EXHIBITS THROUGH l7 FOR IDENTIFICATION.
THE COURT: EXCUSE ME A MINUTE, MR. RARER. WHAT TIME ARE YOU DUE AT JUDGE BRYANT?
MR. GRABER: TEN O'CLOCK, YOUR HONOR.
MR. SHMANDA: I AM DUE AT TEN O'CLOCK, ALSO.
THE COURT: I HAVE A MATTER SCHEDULED AT 9:30, AND HIS MATTER STARTED LATE. I JUST WANT TO INTERRUPT A MOMENT TO SAY TO COUNSEL HERE IN ROSE AGAINST THE FEC THAT YOU ARE WELCOME TO STAY, BUT I WILL CALL YOUR MATTER AT 10:00 O'CLOCK. YOU GO AHEAD.
MR. GRABER: THANK YOU.
THE DEPUTY CLERK: DEFENDANT'S EXHIBITS 13 THROUGH 17 MARKED INTO EVIDENCE.
(DEFENDANT'S EXHIBITS l3 THROUGH RECEIVED IN EVIDENCE, RESPECTIVELY.)
BY MR. GRABER:
Q. MR. THOMAS, I AM GOING TO SHOW YOU A DOCUMENT WHICH HAS BEEN MARKED FOR IDENTIFICATION AS DEFENDANT'S EXHIBIT 18 AND ASK YOU TO DESCRIBE WHAT WHAT DOCUMENT REFLECTS?
A. THAT IS A SKETCH THAT ] DID THIS MORNING, ILLUSTRATING THE SCENE, AS I RECALL IT, AT ABOUT 6:30 ON THE MORNING OF SATURDAY, THE 24TH.
Q. OF WHICH MONTH?
A. SEPTEMBER.
Q. AND WHICH YEAR?
A. 1983.
Q. DOES THAT FAIRLY AND ACCURATELY DEPICT, TO THE BEST OF YOUR RECOLLECTION, THE LAYOUT, IF YOU WILL, OF THE SITE AT THAT TIME?
A. WELL, SPECIFICALLY, I LEFT OUT SOME OF THE SIGNS, BUT I PUT IN TWO SIGNS FOR A REFERENCE POINT AND THE POSITIONS OF MYSELF AND CONCEPCION AT THE TIME THAT OFFICER HAYNES AND SERGEANT MALHOYT WERE IN THE AREA.
Q. ALL RIGHT.
MR. GRABER: I WOULD MOVE THAT INTO EVIDENCE, ALSO, YOUR HONOR.
MR. SHMANDA: NO OBJECTION, YOUR HONOR.
THE COURT: RECEIVED.
THE DEPUTY CLERK: DEFENDANT'S EXHIBIT NO. 18 MARKED INTO EVIDENCE.
(DEFENDANT'S EXHIBIT NO. 18 RECEIVED IN EVIDENCE.)
BY MR. GRABER:
Q. MR. THOMAS, DO YOU RECALL AN INCIDENT ON JULY 1, 983, INVOLVING AN OFFICER SHERBA THAT OCCURRED IN LAFAYETTE PARK?
A. YES.
Q. COULD YOU JUST BRIEFLY DESCRIBE WHAT OCCURRED IN THAT INCIDENT?
A. YES. AGAIN, JUST TO -- JULY 1ST, YOU ARE SAYING?
Q. YES.
A. I THINK IT PROBABLY STARTED AT AROUND 11:00 O'CLOCK THAT I SAW OFFICER SHERBA FOR THE FIRST TIME. I WAS LYING ON THE SIDEWALK IN FRONT OF THE WHITE HOUSE WITH NOTHING BUT THE CLOTHES ON MY BACK.
OFFICER SHERBA CAME BY AND ASKED ME WHETHER I WAS AWAKE. SAID THAT I WAS AWAKE, AND THEN OFFICER SHERBA TOLD ME TO SIT UP. I TOLD OFFICER SHERBA THAT THERE WAS NO REGULATION THAT SAID I HAD TO SIT UP, AND THAT I REFUSED TO DO SO. I TOLD HIM THAT THE ONLY THING THAT THE REGULATION MAY HAVE SAID WAS THAT I WAS NOT ALLOWED TO SLEEP, AND I WAS NOT DOING THAT.
AND HE TOLD ME THAT HE WAS TELLING ME THAT I WOULD SIT UP, AND I WOULD SIT UP. AND I REFUSED. AND THEN HE STARTED TO KICK ME. FIRST, HE KICKED ME A FEW TIMES IN THE FEET, WHICH IS SOMETHING THAT I DON'T NORMALLY COMPLAIN ABOUT, EVEN THOUGH I DON'T THINK IT IS A VERY CIVILIZED THING FOR PEOPLE TO DO.
BUT, THEN, HE STARTED KICKING ME IN THE LEGS, AND HE STARTED KICKING ME IN THE SIDE AND KICKING ME IN THE HEAD. FINALLY, HE STARTED GETTING INTO A LITTLE SHOUTING MATCH WITH CONCEPCION, AND THEN I SAT UP TO KIND OF CALM THINGS DOWN. AND HE SAID, "THANK YOU, MR. THOMAS," AND WALKED OFF.
THEN, HE REPEATED THAT SAME SCENARIO
THE COURT: YOU SAY, AFTER YOU SAT UP, HE WALKED
THE WITNESS: AFTER I SAT UP AND STRAIGHTENED UP.
THE COURT: WHAT DID YOU DO THEN?
THE WITNESS: HE SAID, "THANK YOU, MR. THOMAS," AND WALKED OFF.
THE COURT: AND THEN HE WALKED OFF?
THE WITNESS: YES. BY
MR. GRABER:
Q. MR. THOMAS, HAVE YOU HAD OCCASION --
A. EXCUSE ME. BUT HE DID THE SAME THING ON THREE OTHER OCCASIONS, AND THE LAST TIME THAT HE DID IT, I HEARD WINNIE GALLANT ASK HIM -- SHE WAS VERY --
Q. WHO IS WINNIE GALLANT?
A. WINNIE IS A FRIEND OF MINE. SHE IS IN HER 60'S, AD SHE IS A RATHER EXCITABLE TYPE. THIS WAS THE FIRST TIME SHE CAME AROUND -- OH, THIS WAS PROBABLY ABOUT 1:00 O'CLOCK IN THE MORNING. SHE STOPPED AROUND. SHE IS THE WOMAN WHO LETS US USE THE LIVING ACCOMMODATIONS IN HER APARTMENT.
SHE JUST HAPPENED TO COME AROUND TO VISIT US THAT NIGHT, AND SHE WAS THERE ON THE FOURTH OCCASION THAT OFFICER SHERBA DID THIS.
AND I HEARD HER IN A VERY EXCITED MANNER SAY: "WHY ARE YOU DOING THIS? WHY ARE YOU DOING THIS TO HIM?"
AND OFFICER SHERBA SAID "WELL, THIS USED TO BE A NICE A BEAUTIFUL PLACE BEFORE HE GOT HERE. HOW WOULD YOU LIKE THESE SIGNS IN FRONT OF YOUR HOUSE?"
Q. MR. THOMAS, DURING YOUR EXPERIENCE IN YOUR VIGIL, HAVE YOU SEEN OTHER DEMONSTRATION ACTIVITIES WHERE SLEEPING OCCURRED, BUT WHERE OFFICERS DID NOT INTERFERE WITH THAT ACTIVITY; AND, IF SO, COULD YOU TELL THE COURT SOME OF THOSE INSTANCES?
A. WELL, ONE NOTABLE INSTANCE, I THINK, IS THE VIETNAM VETERANS DEMONSTRATION THAT GOES ON DOWN AT THE VETERANS MEMORIAL.
Q. WHICH MEMORIAL?
A. THE VIETNAM VETERANS MEMORIAL.
Q. ALL RIGHT.
A. I HAVE PERSONALLY WITNESSED PILES -- NEATLY PILED, LARGE PILES OF CAMPING EQUIPMENT, STOVES, FIVE-GALLON CANS OF GASOLINE, SLEEPING BAGS, LANTERNS, TENTS. I HAVE SEEN TENTS SET UP. I HAVE SEEN SLEEPING BAGS LAYING AROUND THE TENTS.
I HAVE NEVER BEEN THERE AT NIGHT, AND I HAVE NOT PERSONAL SEEN ANYONE SLEEPING, BUT ALL OF THE OTHER ASPECTS OF CAMPING SEEM TO BE PRESENT.
Q. WHAT TIME FRAME ARE WE SPEAKING ABOUT WITH RESPECT TO THIS DEMONSTRATION?
A. WELL, THIS DEMONSTRATION IS STILL GOING ON. THE LAST TIME I WAS THERE AND WITNESSED ANYTHING PERSONAL WAS ON THE BEGINNING OF THE SUMMER, THE BEGINNING OF THE SUMMER OF 1983, JUNE OR JULY. I WAS THERE. AND AT TOOK SOME PICTURES.
Q. OKAY. NOW, DIRECTING YOUR ATTENTION TO AUGUST OF 1981, DO YOU RECALL A DEMONSTRATION THAT WAS SPONSORED BY THE ARAB WOMEN'S COUNCIL?
A. YES, I DO. THERE WERE TWO DURING THAT TIME PERIOD. ONE WAS THE ARAB WOMEN'S --
Q. WHERE WERE THOSE DEMONSTRATIONS LOCATED?
A. IN LAFAYETTE PARK, ABOUT 30 YARDS TO THE NORTHWEST OF WHERE WE ARE SITUATED NOW. THESE WOMEN WERE THERE FROM, I BELIEVE IT WAS, JULY 29TH UNTIL AUGUST 7TH OR 8TH. THEY HAD SET UP -- FIRST, IT BEGAN AS JUST A TUBULAR FRAME, WITH A CANVAS TOP, SORT OF A SUN-SCREEN THING. THEN, THEY CLOSED THAT IN WITH PLASTIC, AND THEY PUT UP TWO MORE OF THEM THAT WERE ABOUT 20 FEET ON A SIDE. SO I THINK THEY WERE ENCLOSING PROBABLY ABOUT 60-BY-20 FEET.
THEN, THEY HAD COVERED THE GROUND WITH PRAYER RUGS, AND THEY HAD COOLERS. THEY HAD BLUE, INFLATABLE AIR MATTRESSES. THEY HAD A PORTABLE TELEVISION. THEY HAD A PORTABLE TELEPHONE THAT I SAW AND TOOK PICTURES OF.
THEY WERE THERE FOR ABOUT A WEEK, AND NO ONE EVER DISTURBE THEM. THEN, A COUPLE OF DAYS --
THE COURT: WERE THEY PRESENT DURING THE NIGHTTIME, ALSO?
THE WITNESS: OH, YES, THEY WERE THERE, PRESENT, 24 HOURS A DAY. IN THE MORNING THEY USED TO GO TO THE HAY-ADAM HOTEL AND PERFORM THEIR MORNING TOILET IN THE HOTEL THERE.
BY MR. GRABER:
Q. DID YOU OBSERVE ANY SLEEPING ACTIVITIES WITH RESPECT TO THAT DEMONSTRATION?
A. YES, I DID. l DID, AND I PHOTOGRAPHED WOMEN SLEEPING ON AIR MATTRESSES WITH BLANKETS.
Q. DID YOU EVER OBSERVE POLICE OFFICERS SPEAK TO ANY OF THOSE WOMEN?
A. NOT WITH REGARD TO THEIR ACTIVITIES.
Q. DRAWING YOUR ATTENTION TO THE SUMMER OF 1981, WITH RESPECT TO AN IRANIAN DEMONSTRATION, DO YOU RECALL ANY ACTIVITIES DURING THAT DEMONSTRATION?
A. I REMEMBER ONE DEMONSTRATION, IRANIAN DEMONSTRATION, WHAT OCCURRED ON THE WHITE HOUSE SIDEWALK, DOWN TOWARD THE NORTHEAST GATE.
THERE WERE A GROUP OF, I WOULD SAY, BETWEEN 20 AND 30 PEOPLE WHO WERE IDENTIFYING THEMSELVES AS IRANIAN STUDENTS, SUPPORTIVE OF THE AYATOLLAH KHOMENI. THEY WERE ON A FAST. HERE WERE MALES AND FEMALES.
THEY HAD SIGNS. THEY HAD BLANKETS. THEY HAD LITERATURE. THEY SLEPT ON THE SIDEWALK IN THEIR BLANKETS, AND THAT IS ALL THAT THEY HAD. THEY WERE NEVER BOTHERED BY THE POLICE. THEY WERE THERE FOR, I THINK, THREE, AND POSSIBLY FOUR, DAYS, BEFORE ANOTHER GROUP OF THEIR SAME ORGANlZATlON CAME. AND THEN THEY HAD A LARGE DEMONSTRATION ON SATURDAY, AND THEY LEFT. BUT THEY WERE THERE FOR THREE OR FOUR DAYS, SLEEPING ON THE SIDEWALK.
Q. WITH RESPECT TO LAFAYETTE PARK, MR. THOMAS, HAVE YOU EXPERIENCED OCCASIONS WHEN THE POLICE WOULD ATTEMPT TO WAKE YOU UP, BUT NOT ATTEMPT TO WAKE UP OTHER PERSONS WHO MIGHT SLEEPING IN THE PARK?
A. YES, NUMEROUS OCCASIONS.
Q. HOW OFTEN HAS THAT OCCURRED?
A. LOTS OF TIMES, DOZENS, SCORES.
Q. WHICH INDIVIDUALS -- WHO ELSE HAS BEEN IN THE PARK, BESIDES YOURSELF, WHO WERE NOT DISTURBED BY THE POLICE?
A. MARK MONTGOMERY AND ROBERT DORROUGH, LOTS OF STREET PEOPLE.
THE COURT: THESE ARE PEOPLE WHO WERE IN THE PARK SLEEP AND UNDISTURBED BY THE POLICE?
THE WITNESS: YES.
THE COURT: MR. MONTGOMERY AND MR. DORROUGH. I DID NOT HEAR THE THIRD.
THE WITNESS: LOTS OF STREET PEOPLE. DORROUGH IS, FREQUENTLY. AND THEN BUSINESS PEOPLE AND BUREAUCRAFTS, I GUESS, OFFICE WORKERS, WHO COME AROUND AND HAVE LUNCH IN THE ARK AND GO TO SLEEP, SOMETIMES, AND, I DON'T KNOW, TOURISTS. ALL DIFFERENT KINDS OF PEOPLE COME BY AND SLEEP IN THE PARK. SOMETIMES YOU SEE WELL-DRESSED PEOPLE NAPPING FOR A FEW HOURS, AND THE POLICE DO NOT BOTHER THEM.
ON A COUPLE OF OCCASIONS, NOT REALLY TO CAUSE TROUBLE, BUT JUST TO SEE WHAT THE POLICE WOULD DO, ON A COUPLE OF OCCASION I HAVE POINTED OUT TO POLIcE OFFICERS PEOPLE WHO WERE ASLEEP WITH A BRIEFCASE NEXT TO THEM AND ASKED IF THAT ACTIVITY WASN'T CAMPING AND SOMETHING SHOULD BE DONE ABOUT IT.
AND THEY NEVER WOKE ANYBODY UP, WHEN I SAID THAT.
BY MR. GRABER:
Q. DRAWING YOUR ATTENTION BACK TO THE MORNING OF THE ARREST WHEN YOU WERE AT THE PARK POLICE SUBSTATION, DID ANY OF THE OFFICERS EVER TELL YOU ANYTHING ABOUT --
THE COURT: EXCUSE ME. HAVE YOU FINISHED WITH THESE OTHER PEOPLE THAT HE OBSERVED SLEEPING?
MR. GRABER: YES, YOUR HONOR.
THE COURT: LET ME JUST, SO I CAN KEEP THIS STRAIGHT, INTERRUPT YOU A MINUTE.
MR. GRABER: CERTAINLY, YOUR HONOR.
THE COURT: OTHER THAN BRIEFCASES, DID ANY OF THESE OTHER PEOPLE HAVE POSSESSIONS OF ANY KIND WITH THEM?
THE WITNESS: SOME OF THEM HAD SLEEPING BAGS.
THE COURT: SLEEPING BAGS?
THE WITNESS: SOME OF THEM WOULD HAVE SLEEPING BAGS AND BACK-PACKS. SOME OF THEM WOULD HAVE A BLANKET AND SOME PLASTIC BAGS OR SHOPPING BAGS.
THE VARIETY IS ENDLESS. I HAVE MANY PICTURES THAT I HAVE TAKEN, BUT I DIDN'T BRING THEM FOR THIS, OF DIFFERENT PEOPLE SLEEPING IN DIFFERENT CIRCUMSTANCES, WITH DIFFERENT PIECES OF PROPERTY. I MUST HAVE AT LEAST A DOZEN, A DOZEN-AND-A-HALF PICTURES, OF DIFFERENT INDIVIDUALS.
BY MR. GRABER:
Q. MR. THOMAS, DIRECTING YOUR ATTENTION AGAIN TO THE MORNING OF THE ARREST, WHEN YOU WERE IN THE PARK POLICE STATION, FOLLOWING THE BOOKING PROCEDURE, DO YOU HAVE ANY IDEA, JUST GENERALLY, WHAT TIME THE BOOKING, ITSELF, WAS COMPLETED?
A. WELL, I DON'T HAVE ANY IDEA OF THE TIME.
Q. ALL RIGHT. WELL, THEN --
A. BUT I CAN CORRELATE IT TO A TELEPHONE CALL THAT I RECEIVED FROM YOU.
Q. WHAT TIME DO YOU RECALL RECEIVING A TELEPHONE CALL FROM ME?
A. I RECALL RECEIVING THIS TELEPHONE CALL AT THE SAME TIME THAT I WAS IN THE PROCESS OF BEING BOOKED, AND I ASSUME THAT MY BOOKING ENDED SHORTLY AFTER THAT.
Q. DO YOU RECALL --
A. A FEW MINUTES.
Q. DO YOU RECALL WHETHER OR NOT ANY OF THE OFFICERS TOLD YOU WHETHER OR NOT YOU WOULD BE TAKEN TO COURT THAT MORNING?
A. YES.
Q. WHAT DID THEY SAY? .
A. I THINK IT WAS OFFICER ORNTON. I AM NOT SURE, BUT I THINK HE WAS THE ONE WHO WAS DOING THE PROCESSING. I CAN'T REALLY REMEMBER. HE SAID THAT MY ATTORNEY HAD CALLED AND THAT I WOULD BE IN COURT IN THE AFTERNOON. I WOULD BE ARRAIGNED
IN THE AFTERNOON. 1 THINK IT MAY HAVE BEEN OFFICER ORNTON, BUT I CAN'T BE CERTAIN.
Q. DID ANY OFFICER EVER SPEAK TO YOU AND TELL YOU ANY REASON WHY YOU WERE NOT TRANSPORTED OUT OF THAT SUBSTATION UNTIL THE TlME WHEN YOU WERE TRANSPORTED OUT?
A. NO.
Q. DID THERE COME A TIME IN YOUR VIGIL WHEN YOU NOTICED THAT POLICE SURVEILLANCE OF YOUR DEMONSTRATION ACTIVITIES INCREASED?
A. THERE HAVE BEEN SEEMINGLY SLIGHT INCREMENTS OF INTEREST. WELL, IT COMES AND GOES SORT OF IN WAVES, I GUESS, YOU CAN SAY. SOMETIMES THE PARK POLICE SEEM TO BE MORE INTERESTED THAN OTHER TIMES IN WHAT WE ARE DOING.
RECENTLY, SINCE AUGUST 26TH, I BELIEVE IT WAS, THEY HAVE BEGUN THE PRACTICE OF HAVING ONE OFFICER IN LAFAYETTE PARK 24 HOURS A DAY ON FOOT. THAT IS AN ENTIRELY NEW PROCEDURE, AND FREQUENTLY THE OFFICER WILL JUST STAND AROUND OUR SIGNS.
MANY TIMES THE OFFICERS SAY THAT THEY ARE THERE JUST TO WATCH US, AND I KNOW THAT THEY SPEND A LOT OF TIME AROUND US, WAKING US UP AND MAKING SURE THAT WE DO NOT GO TO SLEEP.
Q. MR. THOMAS, IN YOUR EXPERIENCE IN YOUR VIGIL AND AS A RESULT OF SOME OF YOUR ARRESTS, HAVE YOU MODIFIED YOUR CONDUCT IN YOUR DEMONSTRATION?
A. AS A RESULT OF EVERY ONE OF MY ARRESTS, MY CONDUCT HAS BEEN MODIFIED TO ONE DEGREE OR ANOTHER. I TRY --
Q. WHY DO YOU MODIFY YOUR CONDUCT?
A. I TRY TO MODIFY MY CONDUCT TO REMAIN WITHIN THE REGULATIONS. MY PURPOSE IS NOT TO TRY TO GO TO JAIL. MY PURPOSE IS TO TRY TO SYMBOLIZE SOMETHING. MAYBE I WAS TRYING TO SAY BEFORE THAT THERE IS SYMBOLIC, HISTORICAL PRECEDENT FOR THE TYPE OF THING I AM DOING, I THINK, IN THE ACTIONS OF FOR EXAMPLE, DIOGENES, WHO LIVED IN A TUB FOR THE PURPOSE OF ILLUSTRATING THAT WEALTH RESIDES IN MEN'S MINDS, RATHER THAN IN THEIR POCKETBOOK.
THERE IS THE STORY, I THINK, OF LAZARUS IN THE BIBLE. I THINK THERE IS SOME SYMBOLISM TO A POOR, HOMELESS PERSON LIVING ON THE DOORSTEP OF THE WORLD'S WEALTHIEST PUBLIC SERVANT. I THINK MAYBE THERE IS SOME SYMBOLISM IN THE ACTION OF THE ROPHET EZEKIAL, WHO --
THE COURT: I DID NOT HEAR THAT.
THE WITNESS: PARDON?
THE COURT: SYMBOLISM IN WHAT? I JUST DID NOT UNDERSTAND WHAT YOU SAID.
THE WITNESS: WHERE DID YOU GET LOST?
THE COURT: THE SYMBOLISM IN SOMETHING YOU JUST MENTIONED.
THE WITNESS: EZEKIAL?
THE COURT: YES.
THE WITNESS: I BELIEVE IT IS IN THE FOURTH CHAPTER OF THE BOOK OF EZEKIAL. HE LAID ON ONE SIDE FOR A CERTAIN UMBER OF DAYS, 120 DAYS, AND THEN HE LAID ON THE OTHER SIDE, ON FRONT OF A SYMBOLIC MODEL OF THE CITY OF JERUSALEM THAT HE HAD BEEN INSTRUCTED TO BUILD.
HE WAS IMPORTUNING THE ISRAELIS, THE HOUSE OF ISRAEL TO EXAMINE THEIR STIFF-NECKED WAYS AND RETURN TO THE WAYS OF MORALITY.
BY MR. GRABER:
Q. ALL RIGHT, SIR. WITH RESPECT TO YOUR DEMONSTRATION, HAVE YOU, THROUGH YOUR EXPERIENCE WITH THE MANNER IN WHICH THE PARK POLICE ENFORCED THE REGULATION, BEEN ABLE TO CONCLUDE WHEN YOU ARE ACTING IN CONFORMITY WITH THE LAW AND WHEN YOU ARE NOT?
A. NO. IT IS TOTALLY BEYOND MY COMPREHENSION. MY PROBLEM -- I MEAN I GUESS I UNDERSTAND THAT IF I CLOSE MY EYES AND GO TO SLEEP, I AM OUTSIDE OF THE LAW. BUT MY PROBLEM ; THAT I CAN'T RELATE THAT TO WHAT IS WRITTEN DOWN IN THE REGULATIONS .
Q. HAVE YOU ATTEMPTED TO DIMINISH THE NUMBER OF YOUR PERSONAL BELONGINGS THAT ACCOMPANY YOU DURING THE DEMONSTRATION?
A. WELL, YES. PERSONALLY, MY PROBLEM THERE COMES IN WITH MY FRIEND, CONCEPCION, WHO DOESN'T SEE THINGS QUITE THE WAY I SEE THINGS I TRY TO GET RID OF THINGS IN MY
LIFE, AND CONCEPCION SORT OF PICKS THINGS UP IN HER LIFE.
AND WE ARE THROWN TOGETHER IN THE SAME SITUATION, BUT I HAVE TO MAKE SOME CONCESSIONS TO HER WAY OF LIFE. IF I WERE THERE MYSELF, I WOULD HAVE A BAG OF LITERATURE, THE CLOTHE I WAS WEARING, AND MY SIGNS.
THE COURT: AND YOUR SIGNS?
THE WITNESS: YES.
THE COURT: OKAY.
THE WITNESS: AND MY SIGNS. THAT IS WHAT I HAD BEFORE CONCEPCION AND I PUT OUR SIGNS TOGETHER; AND, IF CONCEPCION TOOK THE THINGS THAT SHE HAD AWAY, THEN THAT IS WHAT WE WOULD BE BACK TO.
BUT --
MR. SHMANDA: EXCUSE ME, YOUR HONOR.
THE WITNESS: (CONTINUING) -- WE HAVE TO ACCOMMODATE ONE ANOTHER, I THINK.
MR. SHMANDA: I AM DUE IN JUDGE CORCORAN'S COURT.
THE COURT: YES.
MR. GRABER: I BELIEVE I AM THROUGH WITH MY DIRECT, YOUR HONOR.
THE COURT: WE WILL RESUME WITH THE CROSS-EXAMINATION OF MR. THOMAS TOMORROW MORNING AT 9:00 O'CLOCK.
NOW, I DIDN'T SAY ANYTHING ABOUT YOU ALL BEING LATE THIS MORNING, BUT IT DID INCONVENIENCE US, AND I ASSUME THERE AN EXPLANATION.
MR. GRABER: YOUR HONOR, I BELIEVE YOU WILL HAVE TO ASK MR. THOMAS.
THE WITNESS: I HAD A TOUGH NIGHT.
THE COURT: WELL, YOU ARE HERE BY ORDER OF THE COURT. I HAVE STAGGERED THIS HEARING TO ACCOMMODATE YOU, AND I WOULD EXPECT YOU TO BE HERE ON TIME.
THE WITNESS: WELL, I WILL DO MY BEST, YOUR HONOR.
THE COURT: YOU ARE EXCUSED.
THE WITNESS: I AM SORRY.
MR. GRABER: I APOLOGIZE TO THE COURT FOR THE DELAY THIS MORNING.
THE COURT: VERY WELL.
MR. THOMAS AND MISS PICCIOTTO, YOU HAVE A DUTY TO BE HERE TOMORROW MORNING AT 9:00 O'CLOCK. YOUR FAILURE TO APPEAR COULD EXPOSE YOU TO A SEPARATE FEDERAL CHARGE OF BAIL-JUMPING, WHICH CARRIES FIVE YEARS AND $5000. YOU ARE EXCUSED.
(WHEREUPON, AT 10:00 O'CLOCK A. M., THE COURT ADJOURNED, TO RECONVENE AT 9:00 O'CLOCK A. M., ON DECEMBER 13, 1983.)
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I N D E X
WITNESSES DIRECT CROSS REDIRECT RECROSS
WILLIAM THOMAS 102
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