A. THERE WERE A NUMBER OF POLICE OFFICERS WHO CAME BY LATER ON, AFTER THE FOURTH INCIDENT. THE ONLY ONE THAT I REMEMBER WAS OFFICER WHALEN. JAMES MAY HAVE BEEN THERE. THERE WAS A GROUP OF FOUR OR FIVE POLICE OFFICERS.
Q. WHAT ABOUT ON THE EVENING OF THE ARREST; DO YOU RECALL AN ENCOUNTER WITH OFFICER JAMES ON THAT OCCASION?
A. YES, I REMEMBER SPEAKING TO OFFICER JAMES. WELL --
Q. WAS THERE A PHYSICAL ENCOUNTER, OTHER THAN A CONFERSATI ON ?
A. I AM NOT INTERESTED IN GOING INTO THAT.
THE COURT: YOU ARE NOT WHAT?
THE WITNESS: I AM NOT INTERESTED IN GOING INTO THAT .
THE COURT: WELL, HE IS YOUR LAWYER.
MR. GRABER OKAY. I HAVE NO OTHER QUESTIONS.
THE COURT: JUST A MOMENT. CROSS-EXAMINATION?
MR. WOLL: NO, YOUR HONOR.
MR. SHMANDA: NO, YOUR HONOR.
THE COURT: YES, MR. GRADER.
MR. GRABER YOUR HONOR, I HAVE ANOTHER PROCEEDING AT 10:00 O' CLOCK. HOWEVER, I AM PERFECTLY WILLING TO ALLOW MR. WOLL TO CONTINUE. I DON 'T HAVE ANY OTHER WITNESSES. I THINK HE IS GOING TO HAVE MISS PICCIOTTO PUT ON. I WOULD LIKE AN OPPORTUNITY TO TRY TO ADMIT EXHIBITS THAT I HAVE, BY LEAVE OF THE COURT.
THE COURT YOU MAY STEP DOWN, MR. THOMAS. ALL RIGHT. MR. SHMANDA?
MR. SHMANDA: I AM AT YOUR HONOR'S PLEASURE THIS MORNI NG.
THE COURT: VERY WELL. LET'S GO AHEAD. I HAVE UNTIL 10:45.
MR. GRABER: SHOULD I TRY TO INTRODUCE THE EXHIBITS, YOUR HONOR?
THE COURT: PLEASE.
MR. GRABER: YOUR HONOR, WHAT HAS BEEN MARKED FOR IDENTIFICATION AS DEFENDANT'S EXHIBIT NO. 3 IS A MEMORANDUM FROM JAMES WATT, DATED JANUARY 13,
1983, TO MOODY TIDWELL OF THE SOLICITOR'S OFFICE.
MR. SHMANDA: WE WOULD OBJECT.
THE COURT: WHAT WAS THE DATE?
MR. GRABER JANUARY 13, 1983, YOUR HONOR.
THE COURT: ALL RIGHT.
MR. GRABER THAT IS A MEMORANDUM IN WHICH SECRETARY WATT REQUESTED A BRIEFING ON REGULATIONS CONCERNING DEMONSTRATIVE ACTIVITIES. I THINK YOU HAVE SEEN IT BEFORE, AND IT WAS AN EXHIBIT .
THE COURT: I KNOW WHAT YOU MEAN. I KNOW WHAT IT IS. DID YOU HAVE AN OBJECTION, MR. SHMANDA?
MR. SHMANDA: I DO, AND I WOULD OBJECT TO THAT ON HE GROUND OF RELEVANCY. IT HAS BEEN ATTZCHED TO THE LEGAL PLEADING, SO YOUR HONOR IS AWARE OF IT. BUT TO HAVE IT AS AN EXHIBIT IN THIS PROCEEDING, I WOULD OBJECT ON THE GROUNDS OF RELEVANCY.
THE COURT: THE OBJECTION IS OVERRULED. GO AHEAD.
MR. GRABER: YOUR HONOR, THE NEXT IS DEFENDANT'S EXHIBIT NO 5, WHICH IS AN EXCEPT OF THE HEARING BEFORE MAGISTRATE BURNET, DURING WHICH DEPUTY CHIEF LINDSY TESTIFIED WITH RESPECT TO THE MEANING OF THE CAMPING REGULATIONS, AS WHO IS IN CHARGE OF THE AREA OF THE WHITE HOUSE.
THE COURT: IS THIS LINDSY?
MR. GRABER: YES. THIS IS THE TESTIMONY MR. THOMAS HAS REFERRED TO.
THE COURT: DIDN'T LINDSY TESTIFY HERE?
MR. GRABER: PARDON ME?
THE COURT: DIDN'T LINDSY TESTIFY BEFORE ME ALSO?
MR. GRABER: HE TESTIFIED IN THE STRUCTURES CASE, BUT ONLY ABOUT STRUCTURES.
THE COURT: ALRIGHT.
MR. GRABER: THIS IS TESTIMONY ABOUT THE CAMPING REGULATION, WHICH I THINK AVOIDS THE NEED OF CALING MR LINDSY IN.
THE COURT: OKAY.
MR. GRABER: IT SHOULD BE, I THINK --
MR. SHMANDA: WHAT DATE IS THAT TESTIMONY?
MR. GRABER: THIS IS SEPTEMBER 3, 1982, IN MAGISTRATE'S CRIMINAL NO. 82-328 AND 82-329.
MR. SHMANDA: AGAIN, YOUR HONOR, WE WOULD HAVE TO OBJECT ON A TECHNICAL REASON. THERE HAVE BEEN SEVERAL AMENDMENTS TO THE CAMPING REGULATIONS SINCE THAT DATE.
THE COURT: WELL, THAT IS A MATTER OF EXPLANATION. THE EXHIBIT WILL BE RECEIVED.
MR. GRABER: THANK YOU, YOUR HONOR.
THE NEXT ARE SOME NEWSPAPER ARTICLES, A SERIES OF ARTICLES ALL FROM THE WASHINGTON TIMES, WHICH ARE MARKED FOR IDENTIFICATION AS DEFENDANT'S EXHIBIT NO. 7.
THE COURT: HAS MR. SHMANDA SEEN THOSE?
MR. GRABER: THESE WERE ALL ATTACHED TO MY MOTIONS, YOUR HONOR.
MR. SHMANDA: ALL OF THESE MATERIALS WERE ATTACHED TO HIS MOTIONS. AGAIN, WE WILL OBJECT.
THE COURT: THEY ARE RECEIVED IN EVIDENCE IN SUPPORT OF THE MOTION. THEY ARE NOT IN EVIDENCE FOR THE TRIAL, OBVIOUSY.
MR. SHMANDA: YES, YOUR HONOR.
MR. GRABER: AND THEN THERE IS DEFENDANT'S EXHIBIT 8, WHICH IS AN ARTICLE FROM THE PROGRESSIVE MAGAZINE, FROM APRIL OF 1983, WITH RESPECT TO MR. THOMAS' PROTEST IN THE AREA OF THE WHITE HOUSE.
AND, FINALLY, WE WOULD OFFER DEFENDANT'S EXHIBIT NO. 9. WHICH IS JUST THE PRFFATORY COMMENTS FROM THE FEDERAL REGISTER TO AMENDMENTS TO THE CAMPING REGULATIONS, WHICH WERE PUBLISHED ON JUNE 4, 1982.
THE COURT: WELL, THAT IS A LEGAL DOCUMENT.
MR. GRABER: THAT IS RIGHT, YOUR HONOR.
THE COURT: THAT, YOU DO NOT NEED TO PUT IN.
MR CRABER: OKAY. FINE. I JUST THOUGHT IT WOULD BE HELPFUL TO YOUR HONOR.
THE COURT: WELL, I AM SURE IT WILL BE HELPFUL, BUT I DO NOT HAVE TO HAVE IT IN EVIDENCE.
MR. GRABER: NEXT, YOUR HONOR, ARE SOME CASE INCIDENT REPORTS GENERATED BY THE NATIONAL PARK SERVICE, WHICH EITHER SHOW PROCEDURES IN TERMS OF WARNINGS THAT SHOULD BE GIVEN TO CAMPING DEMONSTRATORS BEFORE ARRESTS, OR WHICH INDICIATE INSTANCES IN WHICH PEOPLE WERE OBSERVED SLEEPING BY PARK POLICE OFFICERS, BUT WERE NOT ARRESTED.
THESE HAVE NOT YET BEEN MARKED.
MR. SHMANDA: YOUR HONOR, I TOLD COUNSEL THAT I WOULD OBJECT TO EACH OF THOSE, AS THEY INVOLVE PEOPLE OTHER THAN MR. THOMAS, AT TIMES OTHER THAN THE TIME WE ARE TALKING ABOUT, AND, MOST IMPORTANTLY, THE REGULATION, AS AMENDED.
THE COURT: THESE WERE NOT ACTIONS TAKEN UNDER THE REGULATIONS IN FORCE IN SEPTEMBER OF 1983?
MR. GRABER: WELL, SOME OF THESE, FOR EXAMPLE, THE CASE INCIDENT -- THIS HAS NOT BEEN MARKED YET.
MR. SHMANDA: ALL OF THESE --
THE COURT: NOW, WAIT A MINUTE. GET YOUR ACT TOGETHER. THE QUESTION WAS:
DID ANY OF THESE INCIDENTS OCCUR DURING THE TIME WHEN THE REGULATION IN FORCE IN SEPTEMBER WAS ENFORCED?
MR. GRABER: YES. YES, ONE, YOUR HONOR.
MR. SHMANDA: AN INCIDENT REPORT, NOT AN ARREST REPORT ON ANY INDIVIDUAL. THE OTHERS DO NOT.
THE COURT: LET'S TALK ABOUT THAT ONE.
MR. GRABER: THERE ARE MORE THAN ONE.
THE COURT: BUT THAT IS WHAT I WANT TO TALK ABOUT.
MR. GRABER: I UNDERSTAND THAT.
THE COURT: LET'S TALK ABOUT IT. WHAT IS IT?
MR. GRABER: THE FIRST ONE IS A REPORT DATED JUNE 17, 1982, WITH RESPECT TO AN ARREST OF MISS PICCIOTTO AND MR. HARRIS, AND IT IS INTRODUCED FOR PURPOSES OF INDICATING THAT WARNINGS WERE PART AND PARCEL OF A STANDARD PROCEDURE
ESTABLISHED BY THE SOLICITOR'S OFFICE WITH REGARD TO ENFORCEMENT OF THE CAMPING REGULATIONS. THAT IS WHAT THAT DOCUMENT STATES.
THE COURT: IS THERE AN OBJECTION TO THAT?
MR. SHMANDA: YES.
THE COURT: WHAT IS THE OBJECTION?
MR. SHMANDA: THE OBJECTION IS -- COULD I HAVE IT JUST FOR A MOMENT, YOUR HONOR, PLEASE?
THE COURT: CERTAINLY.
MR. SHMANDA: WHAT IS THE DATE?
MR. GRABER: THAT IS JUNE 17, 1982, I BELIEVE.
MR. SHMANDA: WE WOULD OBJECT. THAT IS WAY OUT OF TIME RELEVANCE, YOUR HONOR. AS YOUR HONOR IS AWARE, AGAIN THIS THING HAS BEEN ALMOST A STEADY PROCESS BACK AND FORTH, BACK AND FORTH, AMENDMENTS TO THE REGULATIONS.
THE COURT: THAT OBJECTION IS OVERRULED.
MR. SHMANDA: YES, SIR.
THE COURT: IDENTIFY THAT EXHIBIT AND PUT IT INTO THE RECORD FOR PURPOSES OF THIS MOTION.
MR. SHMANDA: YES, SIR.
THE DEPUTY CLERK: DEFENDANT'S EXHIBIT NO. 29 MARKED FOR IDENTIFICATION.
(DEFENDANT'S EXHIBIT NO. 29 MARKED FOR IDENTlFlCATION.)
MR. GRABER: DEFENDANT'S EXHIBIT NO. 30 IS A U. S. PARK POLICE CASE INCIDENT REPORT DATED JULY 31,1983, WITH RESPECT TO A SUBJECT WHO WAS ASLEEP ON THE WHITE HOUSE SIDEWALK AND WAS ADVISED OF THE CAMPING REGULATIONS. THIS IS BEING OFFERED TO INDICATE THE MINIMAL FACTS WHICH THE PARK POLICE TAKE TO INCLUDE CAMPING.
HERE THE PERSON WAS ONLY SLEEPING WITH A BEDSPREAD. l HE HAD NO PERSONAL ERFECTS.
THE COURT: ANY OBJECTION?
MR. SHMANDA: NO OBJECTION TO THAT ONE, YOUR HONOR.
THE COURT: IT WILL BE RECEIVED.
MR. GRABER: THE NEXT IS A PARK SERVICE CASE INCIDENT REPORT DATED JUNE 17, 1982, WHICH, AGAIN, SETS FORTH A REFERENCE l TO THE PROCEDURE OF INFORMING POTENTIAL CAMPING VIOLATORS OF THEIR VIOLATION, GIVING THEM AN OPPORTUNITY TO LEAVE FIRST.
MR. SHMANDA: OBJECTION TO THAT, YOUR HONOR: OUT OF THE TIME SEQUENCE.
THE COURT: WHAT WAS THE DATE OF THAT?
MR. GRABER: THIS IS JUNE 17, 1982.
THE COURT: SO THAT IS AFTER THE TIME WHEN MR. THOMAS
WAS IN THE PARK. THAT IS RECEIVED.
THE CLERK: DEFENDANT'S EXHIBITS 30 AND 31MARKED FOR IDENTIFICATION AND RECEIVED INTO EVIDENCE.
DEFENDANT'S EXHIBITS 3, 5, 7, 8, AND 9 RECEIVED IN EVIDENCE.
l
(DEFENDANT'S EXHIBITS 3, 5, 7, 8, 9, 30 AND 31 RECEIVED IN EVIDENCE, RESPECTIVELY.)
MR. GRABER: NEXT, YOUR HONOR, IS A U. S. PARK POLICE INCIDENT REPORT DATED IN SEPTEMBER OF 1983, AND THIS SPECIFICALLY IS IN REFERENCE TO MR. THOMAS AND MISS CONCEPCION, WHEN THEY WERE ADVISED OF POTENTIAL CAMPING VIOLATIONS, BUT THEY WERE NOT ARRESTED.
MR. SHMANDA: NO OBJECTION, YOUR HONOR.
THE COURT: IT IS RECEIVED.
THE CLERK: DEFENDENT'S EXIBHIT NO. 32 MARKED FOR IDENTIFICATION AND RECEIVED IN EVIDENCE.
(DEFENDANT'S EXHIBIT NO. 32 RECEIVED IN EVIDENCE.)
MR. GRABER: DEFENDANT'S EXHIBIT NO. 33 IS A CASE INCIDENT REPORT DATED NOVEMBER 13, 1981, WHICH INDICATES PEOPLE WHO WERE SLEEPING ON THE WHITE HOUSE SIDEWALK, BUT WERE NOT ARRESTED, DESPITE THE PRESENCE OF NUMEROUS PERSONAL BELONGINGS
-- AGAIN, AN INCIDENT OF NON-ENFORCEMENT.
THE COURT: THAT IS RECEIVED.
THE DEPUTY CLERK: DEFENDANT'S EXHIBIT NO. 33 MARKED FOR IDENTIFICATION AND RECEIVED IN EVIDENCE.
(DEFENDANT'S EXHIBIT NO. 33 RECEIVED IN EVIDENCE.)
MR. GRABER: YOUR HONOR, I WOULD ASK LEAVE OF COURT WITH RESPECT TO THE LAST TWO EXHIBITS TO RE-SUPPLY THEM TO THE CLERK. THEY ARE MY ONLY ORIGINALS, AND I WOULD --
THE COURT: YOU JUST MAKE A COPY, AND SUPPLY ME WITH A COPY. IF YOU WANT TO WITHDRAW THESE TWO AND FILE COPIES YOU ARE PRIVILEGED TO DO SO.
MR. GRABER: VERY WELL. THANK YOU, YOUR HONOR.
THE COURT: MR. WOLL?
MR. WOLL: WE CALL MISS PICCIOTTO TO THE STAND.
WHEREUPON,
CONCEPCION PICCIOTTO AS CALLED AS A WITNESS, AND, HAVING BEEN FIRST DULY SWORN,
WAS EXAMINED AND TESTIFIED, AS FOLLOWS:
THE DEPUTY CLERK: PLEASE BE SEATED.
THE COURT: DO YOU HAVE SOMETHING FURTHER, MR. GRABER?
MR. GRADER: NO. I AM JUST WAITING FOR MY EXHIBITS YOUR HONOR.
THE COURT: YOU MAY INQUIRE, MR. WOLL.
DIRECT EXAMINATION -- BY MR. WOLL:
Q. PLEASE STATE YOUR FULL NAME FOR THE COURT
A. CONCEPCION PICCIOTTO.
Q. NOW, YOU WERE ARRESTED, WERE YOU NOT, MISS PICCIOTTO ON SEPTEMBER 24TH OF THIS YEAR?
A. YES, I WAS.
Q. IN WHAT LOCATION?
A. AT THE SOUTH LAFAYETTE PARK, IN THE CENTER.
Q. OKAY. NOW, WITH WHOM WERE YOU ARRESTED?
A. THOMAS, WILLIAM THOMAS.
Q. OKAY. AND WHAT WAS YOUR PURPOSE FOR BEING WHERE YOU WERE, WHERE YOU WERE AROUND, ON THAT PARTICULAR DATE?
A. PROTESTING.
Q. WHAT WERE YOU PROTESTING?
A. I WAS PROTESTING AGAINST THE NUCLEAR WEAPONS, AGAINST THE BUILDING UP OF AN ARSENAL TO ANNIHILATE THE WORLD.
Q. WERE YOU TRYING TO MAINTAIN ANY TYPE OF A VIGIL?
A. YES, 24 HOURS A DAY, A VIGIL.
Q. WHAT DO YOU MEAN BY THAT?
A. I SACRIFICED MYSELF TO BE THERE 24 HOURS, RAIN OR SHINE, SNOW OR HEAT.
Q. NOW, WERE YOU CONDUCTING THIS VIGIL WITH ANYONE?
A. WITH WILLIAM THOMAS.
Q. AND HOW LONG HAVE YOU BEEN CONDUCTING THIS VIGIL WITH WILLIAM THOMAS?
A. I HAVE BEEN CONDUCTING A VIGIL SINCE 1981 IN AUGUST. IN THE BEGINNING, I WAS PROTESTING FOR HUMAN RIGHTS AND JUSTICE . THAT WAS WHEN I WENT TO THE SIDEWALK, SEEKING JUSTICE, BECAUSE I HAVE BEEN PROTESTING SINCE 1975.
Q. OKAY. NOW, WHEN --
A. AND I COMMITTED MYSELF TO THERE, BECAUSE I WAS LEFT --
THE COURT: JUST A MOMENT.
THE WITNESS: (CONTINUING) -- HOMELESS.
THE COURT: NOW, JUST A MOMENT, PLEASE.
THE WITNESS: AND THAT IS WHY I WAS THERE ALL DURING THAT TIME.
THE COURT: WE WILL ADJOURN. COUNSEL, COME TO CHAMBERS
(WHEREUPON, AT 10:00 O'CLOCK A. M., THE COURT ADJOURNED, TO RECONVENE IN CHAMBERS, WITH COUNSEL FOR ALL PARTIES PRESENT:)
THE COURT: DO YOU NOT HAVE ANOTHER ENGAGEMENT?
MR. GRABER: I DO BUT I THOUGHT IT WOULD BE WISE FOR ME TO COME IN.
THE COURT: GENTLEMEN, I WANT TO STOP THAT BEFORE IT STARTS. I AM NOT GOING TO TURN THAT COURTROOM INTO A STUMP AND I AM NOT HAVING SPEECHES FROM THE WITNESS STAND.
YOU INSTRUCT YOUR CLIENT, IF SHE WANTS TO ANSWER QUESTIONS AND RESPOND, SHE CAN TESTIFY; IF NOT, THE MOTION WILL BE FORFEITED.
MR. WOLL: ALL RIGHT, YOUR HONOR.
THE COURT: I WILL SEE YOU IN FIVE MINUTES.
MR. SHMANDA: THANK YOU, YOUR HONOR.
(WHEREUPON, A BRIEF RECESS WAS TAKEN, AFTER WHICH THE FOLLOWING PROCEEDINGS WERE HAD:)
THE COURT: YOU MAY RESUME, MR. WOLL.
BY MR. WOLL:
Q. MISS PICCIOTTO, WHEN DID YOU START DEMONSTRATING IN THE WHITE HOUSE AREA?
A. 1981, IN AUGUST, EARLY AUGUST.
Q. NOW, WHAT WAS YOUR PURPOSE FOR DEMONSTRATING AT THAT TIME?
A. MY PURPOSE FOR DEMONSTRATING AND COMMITTING MYSELF 24 HOURS A DAY WAS BECAUSE I WAS FORCED TO BE HOMELESS IN THE STREETS BY THE COURTS AND BY THE GOVERNMENT, AND THAT IS THE REASON I COMMITTED MYSELF THERE, AFTER I WAS PROTESTING SEVERAL TIMES DURING FIVE AND SIX HOURS A DAY AT THE WHITE HOUSE.
Q. NOW, DID THERE COME A TIME THAT YOU TOOK ON ANOTHER PROTEST?
A. WHEN I WAS ARRESTED ON JUNE 17, 1982, YES, I FELT, YOU KNOW, THAT IT DOESN'T MAKE ANY DIFFERENCE TO PROTEST FOR ANYTHING OTHER THAN THE NUCLEAR WEAPONS, BECAUSE THESE ARE THE NO. 1 PRIORITY TODAY, THE DANGER THAT WE ARE LIVING WITH: THAT WE ARE GOING TO DIE ANY MINUTE OF THE MOMENT -- ANY MOMENT
THE COURT: EXCUSE ME.
THE WITNESS: BY EXPLODING --
THE COURT: EXCUSE ME. WHAT WAS THE QUESTION?
BY MR. WOLL:
Q. DID THERE COME A TIME WHEN YOU CONDUCTED ANOTHER DEMONSTRATION?
A. I CONDUCTED A DEMONSTRATION AGAINST THE NUCLEAR WEAPONS.
MR. WOLL: CHANGE TO ANOTHER DEMONSTRATION WAS MY QUESTION, YOUR HONOR.
THE COURT: ALL RIGHT.
BY MR. WOLL:
Q. ALL RIGHT. NOW, THIS WAS IN JUNE OF 1982; IS THAT WHAT YOU SAID?
A. YES, JUNE 17TH , THE FIRST -- THE SECOND ARREST.
Q. AND WHAT WAS THE PURPOSE OF THIS SECOND PROTEST?
A. ANTI-NUCLEAR.
Q. ALL RIGHT. NOW, AFTER THAT TIME, DID YOU BEGIN TO CONDUCT THIS DEMONSTRATION?
A. I CONTINUED TO CONDUCT A 24-HOUR VIGIL. I CONTINUED.
Q. WITH WHOM?
A. WITH WILLIAM THOMAS.
Q. ALL RIGHT. AND THAT HAS CONTINUED TO THE PRESENT TIME?
A. UP UNTIL TODAY.
Q. NOW, GOING BACK TO SEPTEMBER 24TH, APPROXIMATELY WHAT TIME WAS IT THAT YOU WERE ARRESTED?
A. I WOULD SAY IT WAS ABOUT 7:00 A. M. MAYBE IT WAS A LITTLE BIT EARLIER, IN BETWEEN THERE, 6:30 OR 7:00 IN THE MORNING.
Q. ALL RIGHT. NOW, WHO ARRESTED YOU; DO YOU KNOW?
A. OFFICER HAYNES.
Q. WHO IS HE WITH, DO YOU KNOW, WHAT FORCE?
A. HE WAS WITH OTHER OFFICERS. I DON'T RECALL THEIR NAMES, BUT THERE WAS ALL NIGHT -- SERGEANT BARRETT -- BARRETT? WAS ALL NIGHT DRIVING THE CRUISER, PUTTING THE CAR IN THE FRONT OF US, AND ALSO INSIDE THE PARK ON THE BACK OF OUR SIGNS,
WHERE THEY FOCUSED THEIR LIGHTS ON US ALL NIGHT LONG, AND OFFICER JAMES.
Q. THESE ARE PARK POLICE OFFICERS?
A. YES, PARK POLICE OFFICERS.
Q. NOW, DID THEY, BEFORE THEY ARRESTED YOU, TELL YOU TO STAY AWAKE?
A. I WAS AWAKE ALL NIGHT BECAUSE OF SERGEANT BARRETT WITH THE CRUISER KEPT US
AWAKE ALL NIGHT LONG, AND HE WAS PUTTING THE BIG-FOCUSING LIGHTS ON US ALL
NIGHT.
Q. DID THEY GIVE YOU ANY TYPE OF WARNINGS THAT WHAT YOU WERE DOING --
A. NO.
Q. (CONTINUING) -- WAS VIOLATING THE CAMPING REGULATION AND TO CEASE AND DESIST?
A. NO, NO WARNING AT ALL.
Q. ALL RIGHT. NOW, WHERE WERE YOU AND MR. THOMAS TAKEN WHEN YOU WERE ARRESTED?
A. I WAS SITTING ON THE SIDEWALK, LEANING AGAINST SORT OF A CURB THAT DIVIDES A LITTLE GRASS, AND THOMAS WAS NEXT TO ME, LEANING AGAINST THE BIG SIGN, THE SUPPORTS OF THE SIGN.
Q. WHERE WERE YOU TAKEN WHEN YOU WERE ARRESTED?
A. THEY TOOK US TO THE SUBSTATION OF THE PARK POLICE ON OHIO DRIVE.
Q. DO YOU HAVE ANY APPROXIMATION OF WHEN YOU ARRIVED THERE AT THE POLICE STATION?
A. WITHIN MINUTES. THEY DROVE -- EXCUSE ME. OFFICER HAYNES WAS VERY NERVOUS AND IN A HURRY TO GET US OUT OF THERE, IN SO MUCH OF A HURRY THAT HE DOESN'T EVEN CHECK ME BEFORE ENTERING INTO THE CRUISER.
SO THE OTHER OFFICER TOLD HIM: DON'T YOU WANT TO CHECK HER FIRST?"
THEN, HE MADE ME GET OUT OF THE CRUISER AND SEARCHED ME AND THEN PUT ME BACK IN THE CRUISER, AND HE WAS IN A HURRY. SO I SAID: "PLEASE LET ME GET MY POCKETBOOK." I YELLED AT THOMAS: "PLEASE HAND ME MY POCKETBOOK." AND THOMAS GAVE ME MY POCKETBOOK.
Q. SO YOUR TESTIMONY IS THAT SHORTLY AFTER 7:00 A. M., YOU ARRIVED AT THE POLICE STATION?
A. YES, MORE OR LESS.
Q. HOW LONG WERE YOU AT THIS POLICE STATION?
A. WELL, WHEN I ARRIVED THERE, THEY TOLD ME, TOO, THAT WE WOULD BE IN COURT AT ABOUT 11:00 O'CLOCK IN THE MORNING.
Q. I AM SORRY. WHO TOLD YOU THAT?
A. OFFICER HAYNES AND THE OTHER OFFICERS THAT WERE THERE AT THE COUNTER, SORT OF A COUNTER, WHERE YOU PUT ALL OF YOUR PROPERTY THERE.
Q. DID THEY TELL YOU --
A. ABOUT 11:00 O'CLOCK.
Q. OKAY. DID THEY TELL YOU WHAT COURT THEY WERE GOING TO TAKE YOU TO?
A. NO. THEY JUST SAID WE WILL APPEAR IN COURT.
Q. ALL RIGHT. NOW, WHAT HAPPENED AT 11:00 O'CLOCK? WERE YOU TAKEN TO COURT?
A. NO. NO. THEY PUT ME IN THE CELL, AND I WAS KEEPING ASKING THAT I WANTED TO TALK TO A LAWYER, AND, THEN, ALSO, I WANTED TO KNOW WHEN WE WENT TO COURT- BUT THEY TOLD ME IT'S NOT TIME YET, AND THE HOURS WERE PASSING BY.
Q. NOW, THIS WAS A SATURDAY MORNING?
A. YES.
Q. ALL RIGHT. NOW, DID THERE COME A TIME THAT YOU LEFT THIS PARTICULAR STATION AND WENT SOMEWHERE?
A. THAT WAS IN THE AFTERNOON, WHEN THEY SAID THERE WOULD BE NO MORE COURT. IT WAS TOO LATE ALREADY. SO THEY DROVE ME AWAY TO THE D. C. JAIL, I BELIEVE IT WAS,
THAT DAY.
Q. DO YOU RECALL APPROXIMATELY WHAT TIME IT WAS THAT YOU LEFT THE STATIONHOUSE?
A. I BELIEVE IT WAS IN THE AFTERNOON, ABOUT -- I DON'T KNOW, MAYBE 2:00 OR 3:00 O'CLOCK. I AM NOT SURE OF THE TIME.
Q. NOW, WHAT WERE YOU DOING WHILE YOU WERE WAITING TO GO TO COURT IN THE STATION? WHAT WERE YOU DOING?
A. YOU MEAN IN THE CELL?
Q. WERE YOU IN A CELL?
A. WHEN, IN THE --
Q. I MEAN WHEN YOU FIRST ARRIVED AT THE STATIONHOUSE WHERE DID THEY TAKE YOU; DO YOU REMEMBER?
A. YES. YOU MEAN ON --
Q. ON OHIO DRIVE.
A. ON OHIO DRIVE?
Q. YES.
A. THEY SEARCHED ME FIRST THOROUGH
THE COURT: WHERE DID THEY TAKE YOU. . . QUESTION.
THE WITNESS: THEY SEARCHED ME THOROUGHLY.
THE COURT: AND THEN WHERE DID THEY TAKE YOU?
THE WITNESS: THEY PUT ME IN THE CELL UNTIL IT WAS THE TIME.
THE COURT: YOU HAVE ANSWERED THE QUESTION.
THE WITNESS: YES.
THE COURT: THE NEXT QUESTION.
BY MR. WOLL:
Q. UNTIL IT WAS THE TIME FOR WHAT?
A. THEY TOOK ME ABOUT 2:00 OR 3:00 O'CLOCK, I BELIEVE WAS THE TIME, TO D. C. JAIL.
Q. OKAY. SO YOU WERE SITTING IN A CELL AT THE STATIONHOUSE?
A. YES. YES.
Q. WERE THEY DOING ANYTHING WITH YOU WHILE YOU WERE IN THE CELL?
A. NO.
Q. OKAY. WELL, AT THE STATIONHOUSE, DID THEY PROCESS YOU DO YOU KNOW WHAT I MEAN BY "PROCESS YOU"?
A. WELL, THEY -- YES, WELL, YOU KNOW, THERE WERE NONE THERE. SO THEY DIDN'T DO ANYTHING. THEY JUST KEPT ME WAITING, TELLING ME THAT WE WERE GOING TO APPEAR IN COURT.
Q. DID THEY FINGERPRINT YOU AT THE STATIONHOUSE?
A. NO.
Q. DID THEY --
A. NOT THIS TIME. I HAD BEEN BEFORE.
Q. NO, I AM TALKING ABOUT THIS PARTICULAR DAY.
A. NO.
Q. THEY DID NOT --
A. WAIT A MINUTE. THERE WAS A FINGERPRINT ONLY ONCE. YES, THERE WAS A FINGERPRINT.
Q. THEY TOOK YOUR FINGERPRINTS?
A. YES, ONCE.
Q. NOW, AT WHAT POINT WAS THIS, AFTER YOU ARRIVED AT THE STATIONHOUSE?
A. YES, AFTER THEY SEARCHED ME.
Q. SO IT WAS SHORTLY AFTER YOU ARRIVED AT THE STATION?
A. YES. YES. YES.
Q. THEY TOOK YOU SOMEWHERE TO FINGERPRINT YOU IN THE STATIONHOUSE?
A. YES. WHEN I LEFT THERE, THEY TOOK ME TO THE D. C. JAIL. SOMEHOW, THE -- NO, THEY TOOK ME TO THE CENTRAL BLOCK FIRST.
Q. WAS THIS IN THE AFTERNOON?
A. YES.
Q. OKAY. THEY DID NOT FINGERPRINT YOU AT THE OHIO DRIVE STATIONHOUSE?
A. NO. IT WAS IN THE CENTRAL BLOCK. THEY TOOK MY THUMB.
Q. ALL RIGHT. BUT THE POINT IS THAT THEY DID NOT FINGER PRINT YOU AT THE OHIO DRIVE STATION?
A. NO. NO.
Q. DID THEY TAKE YOUR MUG SHOT OR A PICTURE AT THE OHIO DRIVE SIATIONHOUSE?
A. NO, THEY HAD MY PICTURES ALREADY. THIS TIME THEY DIDN'T DO IT. IT WAS AT THE CENTRAL BLOCK, WHERE THE OFFICER TOOK MY THUMB ONLY, ONE THUMB. I TOLD THE OTHER OFFICER THAT IT WAS NO MATCH WITH THE OTHER SET.
Q. WELL, IS IT FAIR TO SAY, THEN, THAT THE ONLY THING THAT PROCEEDED AT THE STATIONHOUSE WAS THAT YOU WERE JUST PUT IN A CELL; IS THAT WHAT YOU ARE SAYING?
A. WOULD YOU MIND REPEATING THAT AGAIN, PLEASE?
Q. AT THE STATIONHOUSE ON OHIO DRIVE --
A. YES.
Q. (CONTINUING) -- IS IT FAIR TO SAY THAT WHAT THEY DID WAS THEY PUT YOU IN A CELL?
A. YES, THAT'S RIGHT, UNTIL THEY TOOK ME OUT TO GO TO THE D. C. -- TO THE CENTRAL BLOCK.
Q. AND THAT WAS IN THE AFTERNOON?
A. YES.
Q. DID THEY SAY ANYTHING ABOUT COURT, WHY THEY WERE NOT TAKING YOU TO COURT?
A. BECAUSE IT WAS TOO LATE, THEY SAID. I KEPT ON ASKING, AND THEY SAID IT WAS TOO LATE ALREADY. AND THE COURT WAS OVER. I TOLD THEM THAT WE WERE ALREADY EARLY THERE, BUT --
Q. HOW LONG WERE YOU IN THE STATIONHOUSE? CAN YOU SAY; HOW MANY HOURS ON
OHIO DRIVE?
A. I WAS THERE UNTIL ABOUT 2:00 OR 3:00. I GUESS IT I WAS THAT TIME.
Q. FROM 7:00 UNTIL ABOUT 3:00?
A. YES.
Q. OKAY. AND THEN THEY TOOK YOU TO THE CENTRAL CELLBLOCK OF POLICE HEADQUARTERS?
A. YES, THAT'S RIGHT, WHERE THEY TOOK MY THUMB.
Q. ALL RIGHT. HOW LONG WERE YOU THERE?
A. A SHORT PERIOD OF TIME. I ASKED FOR A 'PHONE CALL.
THE COURT: YOU HAVE ANSWERED THE QUESTION.
THE WITNESS: YES, SIR. BRIEFLY, ONLY.
BY MR. WOLL:
Q. WHERE DID THEY TAKE YOU FROM THERE?
A. D. C. JAIL.
Q. HOW LONG WERE YOU IN THE D. C. JAIL?
A. UNTIL MONDAY.
Q. WHAT HAPPENED ON MONDAY?
A. ON MONDAY MORNING, VERY EARLY IN THE MORNING, WE WERE PUT TOGETHER WITH OTHER PEOPLE THAT WERE SUPPOSED TO APPEAR IN COURT. AND THEN WE DROVE IN THE VAN TO THE COURTHOUSE I WAS THE LAST ONE IN THE VAN.
WHEN I WENT TO ENTER, THEY WENT TO STOP ME AND SAID: "NO, YOU CANNOT GO INSIDE WITH YOUR PROPERTY." ALL THIS TIME I I HAD MY POCKETBOOK WITH ME. THEY DIDN'T TAKE ANYTHING AWAY, OTHER THAN MY KEYS, AND THINGS THAT WERE PROBABLY SHARP. BUT MY POCKETBOOK AND MY BELONGINGS HAD BEEN WITH ME ALL THE TIME IN THE CELL. AND I HAD NO I. D. NUMBER, EITHER.
WHEN I WENT THERE, THEY TOLD ME I WAS NOT -- THEY REFUSED TO LET ME GET IN WITH MY PROPERTY. SO THEY TOLD THE DRIVER, WHICH WAS ANOTHER OFFICER, TO DRIVE ME SOME OTHER PLACE TO LEAVE MY PROPERTY THERE AND THEN COME BACK TO COURT.
SO HE DROVE ME TO ANOTHER -- SOUTHEAST SOME PLACE WHERE THERE IS A POLICE STATION. THEY DIDN'T WANT TO TAKE MY PROPERTY. THEY REFUSED TO. THEY SAID: "WE CAN'T TAKE THE PROPERTY HERE."
BUT -- LET ME THINK. YES, THEN THEY TOOK THE PROPERTY. THEY GAVE ME A PAPER, A SLIP OF PAPER. THEY DIDN'T CHECK WHAT WAS INSIDE THE BAG. THEY JUST PUT: A WOMAN'S PURSE, PERSONAL BELONGINGS.
AND WE DROVE BACK TO THE D. C. JAIL. THEY PUT ME IN A CELL, AND I WAS THERE, KEEPING ASKING WHEN I CAN SEE A LAWYER OR A SOCIAL WORKER, OR SOMEONE TO TALK WITH, IN ORDER TO KNOW, YOU KNOW, THAT IT WAS THERE, AND WHEN I WAS GOING TO APPEAR IN COURT.
THEY KEPT TELLING ME: "IT WILL BE SOON. IT WILL BE SOON. VERY SOON YOU WILL BE APPEARING IN COURT."
SO, FINALLY, AFTER EVFRYBODY WAS I LEFT, THEY TOOK ME OUT WITH ANOTHER GIRL THAT WAS IN ANOTHER CELL AND SAID: "NOW, COME ON, LET'S GO TO COURT."
SO I WALKED OUT OF THE CELL, AND THEY HAVE SORT OF OUTSIDE IN THE CORRIDOR A TABLE -- A DESK. AND THEY TOLD ME: "SIGN HERE. YOU ARE RELEASED."
I SAID: "WHAT DO YOU MEAN, MY 'RELEASE'? I AM SUPPOSED TO APPEAR IN COURT."
THEY SAID: "THE COURT HAS BEEN ALREADY OVER, AND THEY RELEASED YOU. YOU ARE FREE TO GO."
I SAID: "WELL, I WON'T SIGN ANYTHING, BECAUSE I WANTED TO GO TO COURT."
THE COURT: NOW, MR. WOLL, WE DON'T HAVE TO HAVE THIS DETAIL.
MR. SHMANDA: EXCUSE ME, YOUR HONOR. WHAT ISSUE IS THIS DIRECTED TO?
MR. WOLL: YOUR HONOR, I WILL ASK ANOTHER QUESTION.
THE COURT: JUST ASK QUESTIONS. I AM NOT GOING TO HAVE ANY MORE OF THIS.
THE WITNESS: THEN I WAS RELEASED THERE.
THE COURT: YOU ARE FINISHED NOW. YOU ARE GOING TO ANSWER THE NEXT QUESTION.
BY MR. WOLL:
Q. WHAT DAY WERE YOU RELEASED?
A. THE 26TH.
Q. WAS THIS A MONDAY?
A. YES, MONDAY, AT 1:00 P. M.
Q. ALL RIGHT. AND THEN YOU APPEARED LATER IN COURT THAT DAY?
A. WELL, I WAS SEARCHING AROUND
Q. IS THAT --
THE COURT: YOU CAN ANSWER THAT "YES" OR "NO." DID YOU APPEAR IN COURT LATER THAT DAY?
THE WITNESS: WELL, SIR, I HAVE TO TELL YOU THIS.
THE COURT: DID YOU APPEAR IN COURT LATER THAT DAY?
THE WITNESS: NOBODY TOLD ME. I JUST CAME IN HERE ON MY OWN.
THE COURT: DID YOU APPEAR IN COURT LATER THAT DAY?
THE WITNESS: YES, WITH MR. WOLL.
THE COURT: OKAY.
BY MR. WOLL:
Q. ALL RIGHT. NOW, YOU INDICATED THAT YOU HAVE BEEN DEMONSTRATING WITH MR. THOMAS; IS THAT CORRECT?
A. YES.
Q. HAVE YOU ATTEMPTED TO ASSIST HIM AT ALL IN THIS AREA?
A. YES, I DO, BECAUSE MR. THOMAS HAS BEEN ASSISTING ME VERY MUCH AND HELPING IN EVERYTHING.
THE COURT: THE QUESTION IS WHETHER YOU HAVE DEVELOPED A SYSTEM. I DON'T KNOW WHAT YOU MEAN BY THAT, MR. WOLL. WHY DON'T YOU GET MORE SPECIFIC.
BY MR. WOLL:
Q. HOW HAVE YOU HELPED MR. THOMAS IN CONDUCTING THIS 24-HOUR VIGIL THAT YOU HAVE TESTIFIED ABOUT?
A. WELL, WE SHARE THE VIGIL BY TAKING TURNS IN THE NIGHTTIME AND TAKING CARE OF HIS PERSONAL OUTFIT AND BE SURE THAT HE HAS SOME NOURISHMENT, AND SOME MYSELF. BECAUSE WE HAVE TO SURVIVE AND NOT COMMIT SUICIDE ON THE SIDEWALK. WE GO THERE FOR A PURPOSE.
Q. ALL RIGHT. NOW, THERE WAS A PERIOD OF TIME, WAS THERE NOT, WHEN YOU WERE DEMONSTRATING IN FRONT OF THE WHITE HOUSE?
A. SINCE THE REGULATION WAS ENFORCED, THEN WE MOVED TO ACROSS THE STREET.
Q. HOW LONG A PERIOD OF TIME WERE YOU DEMONSTRATING IN FRONT OF THE WHITE HOUSE? EXCUSE ME. FOR HOW MANY MONTHS OR YEARS?
A. SINCE 1981 -
MR. SHMANDA: OBJECTION, YOUR HONOR.
THE COURT: JUST A MOMENT. YOU HAVE COVERED THAT ABOUT TWO HOURS AGO. SHE HAS BEEN THERE SINCE 1981.
MR. WOLL: VERY WELL, YOUR HONOR.
THE COURT: YOU DO NOT HAVE TO GO BACK OVER THAT.
BY MR. WOLL:
Q. AT WHAT POINT DID YOU TRANSFER YOUR DEMONSTRATION FROM IN FRONT OF THE WHITE HOUSE TO LAFAYETTE PARK?
A. IT WAS BECAUSE OF THE --
Q. I AM SORRY. I ASKED: WHAT TIME, WHAT PERIOD, WHAT --
A. OH, IT WAS AT NOONTIME, AND IT WAS ON JULY, I THINK, THE 19TH.
Q. OF THIS YEAR?
A. YES -- NO. I MEAN -- EXCUSE ME -- 1983, YES.
Q. THIS YEAR?
A. YES.
Q. OKAY. AND SINCE THAT TIME, YOU HAVE BEEN DEMONSTRATING IN LAFAYETTE PARK; IS THAT RIGHT?
A. THAT IS RIGHT.
THE COURT: DO WE HAVE TO START ALL OF THAT OVER AGAIN NOW?
MR. SHMANDA: YOUR HONOR, CAN WE FOCUS IN ON THE ISSUES THAT WE ARE INVOLVED IN?
THE COURT: WILL YOU MAKE A PROFFER OF WHAT YOU ARE DOING, MR. WOLL?
MR. WOLL: YOUR HONOR, I AM TRYING TO GET INTO THE AREA OF HARASSMENT OR OF POLICE ACTIVITY.
THE COURT: WELL, YOU CERTAINLY HAVE TAKEN THE LONG WAY AROUND, BUT GO AHEAD. DIDN'T YOU ALREADY TALK ABOUT OFFICER HAYNES?
MR. WOLL: YES, YOUR HONOR.
THE COURT: NOW, YOU ARE GOING BACK TO JULY OF 1981?
MR. WOLL: WELL, I WOULD --
THE COURT: 1983, I MEAN.
MR. WOLL: YES, YOUR HONOR, JULY OF 1983.
THE COURT: OKAY. WELL, SEE IF YOU CAN FOCUS YOUR QUESTIONS AND ELICIT PRECISE ANSWERS, BECAUSE IT IS NOT AS IF YOU ARE TRYING TO EXPLAIN SOMETHING TO ME THAT I DON'T KNOW ABOUT. IT IS THAT YOU ARE MAKING A VERY CRISP RECORD IN THE EVENT THAT YOU WANT TO TAKE AN APPEAL.
MR. WOLL: YES, YOUR HONOR.
THE COURT: I HAVE HEARD ALL OF THIS. THIS IS CORROBORATIVE, CUMULATIVE, AND EVERYTHING ELSE. SO YOU CAN LEAD AND JUST GET IT DONE QUICKLY.
MR. WOLL: THANK YOU, YOUR HONOR.
BY MR. WOLL:
Q. FROM JULY OF 1983, TO THE PRESENT, HAS THERE BEEN ANY TYPE OF SYSTEM OF POLICE HARASSMENT DIRECTED TOWARD YOU AND MR. THOMAS?
A. CONTINUOUS HARASSMENT.
Q. COULD YOU DESCRIBE BRIEFLY WHAT THIS HARASSMENT HAS CONSISTED OF?
A. YES. MAINTAINING THE POLICEMEN 24 HOURS A DAY -- I MEAN -- EXCUSE ME -- 12 HOURS AT NIGHT, ALL NIGHT. THEY ARE THERE DURING THE DAY, BUT IN THE NIGHTTIME THEY GET TOGETHER CLOSE TO THE SIGNS, TALK TO US --
THE COURT: THE POLICE HARASSMENT IS BY SHINING --
THE WITNESS: YES, THEY TALK TO US IN ORDER TO MAINTAIN US AWAKE.
THE COURT: MA'AM, YOU WILL HAVE TO LISTEN TO ME. I WOULD LIKE TO JUST GET THIS STRAIGHT AND JUST GET IT DONE SIMPLY.
THE POLICE HARASSMENT HAS BEEN SHINING LIGHTS ON YOU FROM TIME TO TIME?
THE WITNESS: YES, SIR.
THE COURT: AND IT HAS BEEN WAKING YOU UP FROM TIME TO TIME?
THE WITNESS: YES, SIR, KICKING IN THE FEET.
THE COURT: AND STANDING NEAR YOU FROM TIME TO TIME?
THE WITNESS: YES, SIR.
THE COURT: AND HAVING POLICE CARS PARKED NEAR YOU FROM TIME TO TIME?
THE WITNESS: YES, SIR, ALL NIGHT.
THE COURT: IS THAT WHAT IT IS?
THE WITNESS: YES.
THE COURT: OKAY. NOW, DO YOU HAVE SOMETHING ELSE?
BY MR. WOLL:
Q. ALL RIGHT. NOW, DURING THIS PERIOD OF TIME, THIS SAME PERIOD OF TIME, HAVE YOU SEEN OTHER PERSONS OR GROUPS SLEEPING IN LAFAYETTE PARK?
A. 1 SAW PEOPLE, INDIVIDUALS -- NO GROUPS, BUT INDIVlDUALS.
Q. OKAY. AND WOULD THIS BE IN THE NIGHT HOURS?
A. YES, AND IN THE DAY, TOO, BOTH. BOTH DAY AND NIGHT.
Q. AND THIS WOULD BE THE SAME PERIOD OF TIME THAT YOU WERE IN LAFAYETTE PARK?
A. YES.
Q. AND WOULD YOU SEE ANY TYPE OF POLICE HARASSMENT DIRECTED TOWARDS THESE PEOPLE?
A. NONE. NONE.
Q. NOW, DID YOU AND MR. THOMAS EVER TAKE PICTURES OF PEOPLE SLEEPING IN THE PARK?
A. YES.
Q. DO YOU REMEMBER APPROXIMATELY WHEN THIS WAS THAT YOU TOOK THESE PICTURES?
A. SINCE ABOUT THREE MONTHS, SOME OF THEM.
Q. THREE MONTHS?
A. SOME, ABOUT TWO MONTHS.
Q. THREE MONTHS AND TWO MONTHS; IS THAT CORRECT?
A. YES. YES. YES.
Q. MISS PICCIOTTO, I WOULD LIKE TO SHOW YOU WHAT HAS BEEN MARKED AS DEFENDANT'S EXHIBITS 19 THROUGH 28, IF YOU WOULD LOOK AT THEM, PLEASE?
A. YES. WE TOOK THESE PICTURES, THOMAS AND MYSELF.
Q. YOU TOOK THESE PICTURES, YOU AND MR. THOMAS?
A. YES.
Q. WHAT ARE THOSE PICTURES OF, JUST GENERALLY?
A. THESE ARE PEOPLE SLEEPING IN THE PARK. THIS ONE HERE, WHICH IS NO. 23, I TOOK MYSELF. THIS ONE HAD A MATTRESS
THE COURT: EXCUSE ME. HAVE THESE PICTURES ALREADY BEEN IDENTIFIED?
MR. SHMANDA: I DO NOT BELIEVE THEY HAVE.
THE COURT: ARE THEY ALREADY IN EVIDENCE?
MR. WOLL: NO, THEY ARE NOT.
MR. SHMANDA: THEY WERE PRE-MARKED, YOUR HONOR, BUT THEY ARE NOT IN EVIDENCE.
THE COURT: OKAY. GO AHEAD.
BY MR. WOLL:
Q. CONTINUE.
A. THIS NO. 23 MAN HAD A MATTRESS OF FOAM, A SLEEPING BAG, ON THE GRASS, AND HE WAS SLEEPING ALL NIGHT. THE POLICE WENT BY. I WAS WATCHING. I WAS WALKING, TAKING PICTURES. NOTHING, NO HARASSMENT.
Q. ALL RIGHT. NOW, IS IT FAIR TO SAY THAT THOSE PICTURE IS DEPICT DIFFERENT PEOPLE SLEEPING IN LAFAYETTE PARK?
A. YES, THIS WOMAN HERE --
THE COURT: YOU HAVE ANSWERED THE QUESTION "YES."
THE WITNESS: I'M SORRY.
MR. WOLL: YOUR HONOR, I WOULD ASK THAT THESE PICTURE IS BE ENTERED IN EVIDENCE.
THE COURT: IS THERE OBJECTION?
MR. SHMANDA: NO, YOUR HONOR.
THE COURT: THEY ARE RECEIVED.
(DEFENDANT'S EXHIBITS 19 THROUGH 28 RECEIVED IN EVIDENCE, RESPECTIVELY.)
BY MR. WOLL:
Q. MISS PICCIOTTO, YOU INDICATED ON THIS PARTICULAR DATE, SEPTEMBER 24TH, THAT YOU WERE ARRESTED WITHOUT ANY WARNING; IS THAT CORRECT?
A. THAT IS CORRECT.
THE COURT: NOW, HAVEN'T YOU COVERED THAT?
MR. WOLL: WELL, JUST ONE QUESTION, YOUR HONOR.
THE COURT: ALL RIGHT.
BY MR. WOLL:
Q. IN TIMES PAST, HAS IT BEEN THE RULE THAT YOU HAVE BEEN GIVEN WARNINGS OR HAVE BEEN ADVISED TO STAY AWAKE BY POLICE OFFICERS?
A. NO.
MR. SHMANDA: OBJECTION TO THE FORM OF THE QUESTION, YOUR HONOR
THE COURT: WELL, I AM TRYING TO GET --
MR. SHMANDA: I UNDERSTAND, BUT THERE IS NO RULE ABOUT WARNINGS. THAT IS HOW HE PREFACED THE QUESTION.
THE COURT: I UNDERSTAND THAT, BUT HE STILL HAS A RIGHT TO ASK IT.
MR. SHMANDA: I UNDERSTAND.
THE COURT: THE OBJECTION IS OVERRULED.
BY MR. WOLL:
Q. YOU MAY ANSWER THE QUESTION.
A. I DIDN'T GET ANY WARNINGS AT ALL. I WAS JUST PICKED UP AND PUSHED AWAY.
Q. I AM TALKING ABOUT NOT ON SEPTEMBER 24TH, BUT IN TIMES PAST HAVE THE POLICE TOLD YOU --
A. NO, ONLY THEIR COMING TO KICK ME IN THE FEET. EVEN WITH MY EYES OPEN, THEY KICK. "ARE YOU AWAKE? ARE YOU AWAKE ?" I SAY: "YES, I AM AWAKE." BECAUSE I AM SITTING DOWN, SO THEY DON'T SEE MY EYES, AND I SEE THE FEET OF THE POLICEMEN.
AND I SAY, "YES, I AM AWAKE. I SEE YOUR FEET."
Q. SO IT IS FAIR TO SAY THAT THEY ARE TRYING TO KEEP YOU AWAKE?
A. THAT'S CORRECT.
MR. WOLL: NO FURTHER QUESTIONS.
THE COURT: YES. CROSS-EXAMINATION.
MR. SHMANDA: YES, BRIEFLY, YOUR HONOR.
CROSS-EXAMINATION -- BY MR. SHMANDA:
Q. - MISS PICCIOTTO, YOU WERE SLEEPING, AND YOU WERE AWAKENED BY OFFICER HAYNES THAT MORNING; WERE YOU NOT?
A NO.
Q. YOU WERE- AWAKE?
A. YES.
Q. YOUR EYES WERE OPEN?
A, NO.
Q. OH, YOUR EYES WERE NOT OPEN?
A. NO. HE CAME FROM THE BACK, AND LIFTED ME FROM MY BACK.
THE COURT: HE JUST ASKED YOU A QUESTION AS TO WHETHER YOUR EYES WERE OPEN.
THE WITNESS: NO.
BY MR. SHMANDA:
Q. WERE YOUR EYES OPEN?
A. NO.
THE COURT: YOU HAVE ANSWERED THAT. NOW, WAIT FOR THE NEXT QUESTION.
MR. SHMANDA: THANK YOU, YOUR HONOR.
BY MR. SHMANDA:
Q. WERE YOU ON THE GROUND?
A. I WAS SITTING.
Q. AND WERE YOU SITTING ON ANYTHING LIKE A BLANKET?
A. ON THE SIDEWALK, NO BLANKETS.
Q. YOU WERE ON THE SIDEWALK?
A. YES.
Q. OKAY. AND YOU ARE TELLING US THAT HE NEVER CAME UP TO YOU AND SHOOK YOU AND SAID, "WAKE UP; WAKE UP"?
A. HE CAME ONLY AND PICKED ME UP FROM MY BACK AND LIFTED ME.
Q. AND YOU NEVER TURNED TO MR. THOMAS AND SAID, "WAKE UP; WAKE UP"?
A. I SAID, "THOMAS, THEY ARE HERE." I HEARD THE RADIO, HIS RADIO, IN MY BACK. THAT IS WHAT I SAID. AND OFFICER HAYNES SAID "YES, HERE I AM. GET UP."
Q. OKAY. NOW, YOU WERE AWAKE ALL NIGHT?
A. YES, I WAS.
Q. YOU NEVER WENT TO SLEEP ONCE THAT NIGHT?
A. NO. OFFICER BARRETT, WHATEVER IS HER NAME, SERGEANT BARRETT WAS ALL NIGHT LONG WITH THE CAR.
Q. YES, MA'AM. WHEN WAS THE LAST TIME YOU HAD SLEPT PRIOR TO THIS MORNING?
MR. WOLL: YOUR HONOR, I AM GOING TO OBJECT. I BELIEVE THAT THIS IS WELL BEYOND THE SCOPE.
THE WITNESS: LIKE I SAY, CASUAL SLEEPING --
THE COURT: MR. SHMANDA, AGAIN, YOU ARE TRYING THE CASE ON THE MERITS, AND I DON'T NEED TO DO THAT NOW.
MR. SHMANDA: YES, YOUR HONOR.
BY MR. SHMANDA:
Q. NOW, YOU INDICATED THAT, ONCE YOU WERE ARRESTED, THEY TOOK YOU TO THE POLICE STATION; IS THAT RIGHT?
A. THAT'S RIGHT.
Q. AND THEN I WROTE DOWN WHAT YOU SAlD: THAT THEY DIDN'T DO ANYTHING WITH YOU ALL THE TIME THAT YOU WERE --
A. THEY SEARCHED ME.
Q. AS A MATTER OF FACT, OFFICER HAYNES HAD TO SPEND A LOT OF TIME WITH YOU,
BECAUSE YOU CLAIMED AT THE STATION THAT HE STOLE SOME MONEY FROM YOU?
A. WAS SEARCHING ME, SEARCHING MY PROPERTY, MY BODY.
Q. ALL RIGHT. BUT IS IT NOT TRUE THAT AT THE STATIONHOUSE YOU ACCUSED OFFICER HAYNES OF HAVING TAKEN SOME MONEY FROM YOUR PURSE?
A. NOT TRUE. I DIDN'T SAY HE TOOK MY MONEY. I DIDN'T SAY THAT AT ALL. HE SAID THAT, NOT ME.
I JUST ASKED: "OFFICER, I HAD $20 WHEN YOU CHECKED ME OUTSIDE THE CAR. I CAN'T FIND IT IN MY POCKET."
SO HE SAID: "GIVE ME YOUR RAINCOAT." HE TOOK MY RAINCOAT RIGHT ON THE DESK, RIGHT THERE WHERE WE WERE PUTTING OUR THING THERE. IT TOOK ONLY FIVE MINUTES. THEY HAD CHECKED IN MY POCKET -- MY OTHER POCKETS.
"SHE SAID THAT I TOOK HER MONEY."
I SAID, "I DIDN'T SAY THAT YOU TOOK MY MONEY. I DIDN'T ACCUSE YOU OF TAKING MY MONEY."
Q. THAT TOOK TIME, THOUGH, TO --
A. FIVE MINUTES.
Q. OH, JUST FIVE MINUTES?
A. FIVE MINUTES.
Q. THEN, THE REST OF THE TIME, YOU ARE TELLING US THEY DID NOTHING? THEY DID NOTHING --
A. SEARCHING.
Q. SEARCHING?
A. YES.
Q. AND DIDN'T HE TYPE UP SOME REPORTS? DID NOT YOU SEE OFFICER HAYNES SITTING THERE, TYPING UP REPORTS?
A. THAT WAS IN THE CELL.
Q. YOU WERE IN THE CELL?
A. YES.
Q. SO IF HE WERE DOING OTHER THINGS, YOU COULD NOT SEE?
A. WELL, I JUST HAD BEEN TOLD THAT WE WOULD BE GOING TO COURT BY 11:00.
Q. PLEASE TRY TO ANSWER THE QUESTION. IF YOU WERE IN THE CELL, COULD YOU SEE WHAT OFFICER HAYNES WAS DOING?
A. NOT UNLESS HE WAS OUTSIDE, IN THE SAME ROOM.
MR. SHMANDA: NOW, MAY WE PLEASE HAVE, YOUR HONOR, JUST VERY BRIEFLY, THE INVENTORY?
THE COURT: WELL, MISS MONTGOMERY DOES NOT KNOW WHAT THAT IS.
MR. SHMANDA: WELL, MAYBE I CAN ASSIST. THANK YOU.
BY MR. SHMANDA:
Q. WHEN I WAS QUESTIONING MR. THOMAS, YOU HEARD ME READ SOME THINGS FROM THE PROPERTY LIST, THE LIST OF PROPERTY?
A. I THINK IT IS RIDICULOUS.
Q. I AM SORRY?
A. RIDICULOUS.
Q. WELL, THE ITEMS THAT I READ, ESPECIALLY THE VERY FIRST ITEMS, WERE ALL FOOD? A. FOOD, WHAT KIND OF FOOD?
MR. WOLL: YOUR HONOR, I AM GOING TO OBJECT.
THE WITNESS: WHAT KIND OF FOOD, MR. --
THE COURT: JUST A MOMENT.
MR. WOLL: THIS IS GOING BEYOND THE SCOPE OF THE DIRECT.
THE COURT: YES, THE OBJECTION IS SUSTAINED.
BY MR. SHMANDA:
Q. YOU INDICATED THAT YOU HAVE BEEN FORCED TO BE HOMELESS BY THE COURTS AND THE GOVERNMENT.
A. THAT IS CORRECT.
Q. DID YOU SAY THAT?
A. YES, IT IS.
Q. COULD YOU EXPLAIN HOW THEY FORCED YOU TO BE HOMELESS PLEASE?
A. BY LACK OF JUSTICE, JUST LIKE NOW; LACK OF JUSTICE.
Q. DID SOMETHING OCCUR IN THE COURTS CONCERNING YOU THAT WE SHOULD KNOW ABOUT, MISS PICCIOTTO, A YEAR OR TWO YEARS OR THREE YEARS BEFORE?
A. YES.
Q. COULD YOU TELL US, BRIEFLY' WHAT THAT WAS?
A. DON'T WANT TO DISCUSS THIS MATTER NOW.
ALL RIGHT, MA'AM. BUT IT HAS GIVEN YOU A FEELING ABOUT JUSTICE?
A. IT IS NOT A FEELING. IT IS THE TRUTH.
Q. I UNDERSTAND.
A. IT IS NOT A FEELING.
Q. BUT IT AFFECTS THE WAY YOU FEEL ABOUT THE COURTS?
THE COURT: WHY DO YOU HAVE TO GET INTO THESE DIALECTICS?
MR. SHMANDA: YOUR HONOR, IF A WITNESS IS BIASED --
THE COURT: PARDON?
MR. SHMANDA: IF A WITNESS IS BIASED --
THE COURT: THE WITNESS IS A DEFENDANT. OF COURSE, THE WITNESS IS BIASED.
MR. SHMANDA: BUT IF THERE IS SOME REASON --
THE COURT: I JUST DON'T WANT TO GET INTO THESE SEMANTICAL, POLITICAL ARGUMENTS.
MR. SHMANDA: YOUR HONOR, SHE IS THE ONE WHO HAS SAID SHE WAS FORCED TO BE HOMELESS.
THE COURT: SO WHAT?
THE WITNESS: IT'S TRUE. UNFORTUNATELY, I STILL AM.
MR. SHMANDA: I DON'T BELIEVE IT IS TRUE.
THE COURT: WELL, SO WHAT? NOW, WHAT IS THE RELEVANCE OF IT? DON'T GIVE ME THOSE KINDS OF -- MR. SHMANDA, COME BACK HERE.
MR. SHMANDA- NO FURTHER QUESTIONS, YOUR HONOR. I CAN'T CROSS-EXAMINE A WITNESS IF I AM GOING TO BE HAMSTRUNG.
THE COURT: YOU CANNOT TALK TO ME THAT WAY. I DON'T KNOW WHY YOU NEED TO GET INTO THESE SEMANTICS. NOW, IF YOU HAVE COMPLETED YOUR CROSS-EXAMINATION, YOU MAY BE SEATED.
THE WITNESS: I CAN ANSWER YOUR QUESTION.
THE COURT: THE LAWYER IS FINISHED. ANY REDIRECT?
MR. WOLL: NO REDIRECT.
THE COURT: YOU MAY STEP DOWN. ANY FURTHER EVIDENCE ?
MR. WOLL: NO, NO FURTHER EVIDENCE.
MR. SHMANDA: NO, YOUR HONOR.
THE COURT: VERY WELL.
MR. WOLL: YOUR HONOR, THERE WAS AN EXHIBIT, I BELIEVE THAT WAS OVERLOOKED BY MR. GRABER, WHICH I BELIEVE WAS AN AFFIDAVIT THAT I BELIEVE MR. SHMANDA HAS NO OBJECTION TO THAT COMING INTO EVIDENCE. I AM NOT CERTAIN.
MR. SHMANDA: I AM SORRY.
MR. WOLL: THE AFFIDAVIT?
MR. SHMANDA: IT SHOULD BE OVER THERE.
MR. WOLL: WELL, YOUR HONOR, I DON'T HAVE IT, AND MR. GRABER MENTIONED IT.
MR. SHMANDA: I THINK IT IS MARKED DEFENDANT'S EXHIBIT NO. 4, AND I CALLED MR. GRABER'S ATTENTION TO IT BEFORE HE LEFT THE COURTROOM.
WE HAVE NO OBJECTION TO ITS ADMISSION, YOUR HONOR.
THE COURT: VERY WELL. IT WILL BE RECEIVED.
(DEFENDANT'S EXHIBIT NO. 4 RECEIVED IN EVIDENCE.)
MR. WOLL: I BELIEVE I HAD AN EXHlBlT WHICH I HAD MARKED, WHICH WAS EXHIBIT 12. I AM NOT CERTAIN WHETHER THAT CAME INTO EVIDENCE, BUT I WOULD ASK THAT THAT COME INTO EVIDENCE. THAT WAS CONCERNING THE TIME. OF ARREST AND THE TIME OF BOOKING
I WOULD ASK THAT THAT BE ADMITTED.
THE COURT: ALL RIGHT.
THE DEPUTY CLERK: EXHIBIT NO. 4 IS NOT HERE.
MR. WOLL: WELL, I WILL ENDEAVOR TO ATTEMPT TO OBTAIN IT, YOUR HONOR, AND SUBMIT IT TO THE COURT.
MR. SHMANDA: IT IS ALSO ATTACHED TO THE PLEADINGS. THAT IS THE SAME AFFIDAVIT, YOUR HONOR, THAT WAS ATTACHED TO MR. GRABER'S OMNIBUS PLEADING. THERE IT IS. THERE IT IS.
MR. WOLL: I HAVE LOCATED IT, YOUR HONOR, AND I AM TENDERING IT TO THE CLERK, EXHIBIT NO. 4.
(DEFENDANT'S EXHIBIT NO. 12 RECEIVED IN EVIDENCE.)
THE COURT: ALL RIGHT. NOW, MR. WOLL, ARE YOU PREPARED TO ARGUE SOME OF THESE MOTIONS?
MR. WOLL: NO, YOUR HONOR, I AM NOT. QUITE FRANKLY, YOUR HONOR, I FELT THAT MR. GRABER WOULD BE THE MAIN PERSON TO ARGUE THE CASE, AND I WAS --
THE COURT: NOW, WHEN ARE WE GOING TO HAVE THE ARGUMENT ON THE MOTIONS?
MR. WOLL: I AM SORRY, YOUR HONOR?
THE COURT: WHEN IS HE AVAILABLE TO ARGUE THESE MOTIONS, TOMORROW MORNING?
MR. WOLL: I CAN'T SPEAK FOR HIM, YOUR HONOR.
THE COURT: WE WILL HAVE FINAL ARGUMENT ON THESE MOTIONS AT 9:00 A. M., TOMORROW MORNING, IF THAT IS CONVENIENT FOR THE GOVERNMENT.
MR. SHMANDA: YES, YOUR HONOR.
MR. WOLL: YES, YOUR HONOR.
(WHEREUPON, AT 10:46 O'CLOCK A. M., THE COURT ADJOURNED, TO RECONVENE AT 9:00 O'CLOCK A. M., ON DECEMBER 14, 1983.)
I N D E X
WITNESSES DIRECT CROSS REDIRECT RECROSS
WIILIAM THOMAS 132 (WOLL)
139 (SHMANDA)
160
CONCEPCION PICCIOTTO 170 192 (SHMANDA)
E X H I B I T S
DEFENDANT'S FOR IDENT. IN EVIDENCE
29 167
3, 5, 7, 8, 9, 30 AND 31 168
32, 33 169
19 THROUGH 28 191
4 200