45
ERIC CHRIST, DEFENDANT'S WITNESS, AFFIRMED.
DIRECT EXAMINATION

BY MR. SEMPLE:

Q. WOULD YOU STATE YOUR NAME FOR THE RECORD, PLEASE?

A. ERIC CHRIST. THE COURT: WHAT DID YOU SAY YOUR FIRST NAME WAS?

THE WITNESS: ERIC.

THE COURT: ALL RIGHT. GO AHEAD.

BY MR. SEMPLE:

Q. ERIC, HAVE YOU EVER BROUGHT BAGS OF BREAD INTO THE PARK?

A. YES.

Q.WHERE DO YOU USUALLY PUT THEM, WHEN YOU BRING THEM IN?

A. IN DIFFERENT IN DIFFERENT PLACES.

Q. COULD YOU BE MORE SPECIFIC? USUALLY NEAR THE SIDEWALK, ANYWHERE BETWEEN THE SIGNS THAT ARE OUT THERE.

Q. WHERE DO YOU GET THE BREAD?

A.I GET THE BREAD AT THE FRENCH BAKERY AND ALSO AT ANOTHER BAKERY. THERE ARE TWO BAKERIES.

Q. AND WHY DO YOU BRING THE BREAD TO THE PARK?

A. TO FEED THE DEMONSTRATORS AND ALSO THE PEOPLE THAT ARE IN NEED OF FOOD.

Q. ON THE OCCASION OF APRIL 8TH, DO YOU RECALL HAVING DELIVERED TO THE PARK AT MY

A. ONLY

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Q . DEMONSTRATION SITE?

A. ONLY IN THE MANNER THAT WAS IN THE HABITUAL PROCESS THAT WOULD DO: DELIVER THE BREAD, BUT THAT PARTICULAR TIME, I DON'T REMEMBER, NO, BECAUSE IT WAS NOT UNUSUAL OR DIFFERENT. IT WAS NOTHING OUT OF THE ORDINARY, SO IT WAS JUST A NORMAL DAY.

Q. DO YOU SOMETIMES

THE COURT: I CAN'T QUITE HEAR YOU. DO YOU MIND SPEAKING A LITTLE MORE LOUDLY

THE WITNESS: SURE.

THE COURT: AND DISTINCTLY?

THE WITNESS: SURE.

THE COURT: ALL RIGHT.

THE WITNESS: MY ANSWER WAS: NO, I DON'T RECALL DELIVERING THE DAY AS TO BEING A PARTICULAR DAY, BECAUSE IT AS JUST A MATTER OF A HABIT TO ME. IT WAS NOT DIFFERENT FROM ANY OTHER DAY.

BY MR. SEMPLE:. HOW OFTEN DO YOU DELIVER BREAD TO THE PARK?

A. EVERY DAY.

Q. DO YOU EVER LEAVE BREAD AT MY DEMONSTRATION SITE, AT MY VIGIL?

A. NEXT TO IT, YES.

Q. WHY?

THE COURT: I BEG YOUR PARDON?

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THE WITNESS: NEXT TO IT, I DID, YES.

THE COURT: HIS QUESTION WAS: WHY DO YOU DELIVER IT?

MR. SEMPLE: NO.

BY MR. SEMPLE:

Q. WHY DO YOU LEAVE IT NEXT TO MY DEMONSTRATION SITE?

THE COURT: ALL RIGHT.

THE WITNESS: WELL, BEING THAT I HAVE TALKED TO YOU BEFORE, AND THAT YOU HAVE THAT I HAVE OFFERED TO LEAVE IT THERE, AND YOU DIDN'T OPPOSE -- YOU WERE NOT OPPOSED TO IT, SO I DID IT.

BY MR. SEMPLE:

Q. IS THE BREAD FOR ONE PERSON OR FOR HOW MANY PEOPLE?

A. FOR I DON'T KNOW HOW MANY, BUT IT IS FOR ANYONE THAT NEEDS IT, ANYONE IN NEED.

Q.HOW LONG HAVE YOU BEEN AROUND THE LAFAYETTE PARK AREA?

A. ONE YEAR.

Q. DO YOU HAVE A VIGIL THERE, YOURSELF?

A. NO, I DON'T.

Q. DO YOU STAY IN THE PARK 24 HOURS A DAY, OR HOW MUCH TIME TO YOU SPEND IN THE PARK?

A. WELL, FOR THE PAST FEW MONTHS, I HAVE SPENT THE MORNINGS AND THE EVENINGS.

Q. AS FAR AS YOU KNOW, ARE THERE OCCASIONS WHEN PEOPLE MIGHT BRING BLANKETS AND SLEEPING BAGS AND LEAVE THEM OFF AT THE

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SIGNS, OR AT DIFFERENT DEMONSTRATION SITES, IN THE SAME WAY THAT YOU LEAVE BREAD OFF, IN ORDER TO DISTRIBUTE THEM OR WHATEVER?

A. YES.

Q. THE COURT: WELL, LET'S ASK HIM IF HE HAS SEEN ANYBODY DO IT.

MR. SEMPLE: ALL RIGHT.

BY MR. SEMPLE:

Q.HAVE YOU EVER SEEN ANYBODY BRING BLANKETS OR SLEEPING BAGS -

A. YES, I HAVE DONE IT MYSELF.

Q. -- TO THE SIGNS?

A. YES.

Q. TO MY SIGNS?

A. TO YOUR SIGNS, IF I DELIVERED BLANKETS TO YOUR SIGN? I MIGHT HAVE.

Q.AND THE REASON YOU WOULD LEAVE THE BLANKETS OR SLEEPING BAGS, OR WHATEVER, AT THE SIGNS, WHAT WOULD BE THE REASON FOR THAT?

A. WELL, BASICALLY, I BELIEVE THAT EVERYBODY -- EVERYBODY IS -- AS FAR AS DEMONSTRATORS, THEY ARE BEING TAKEN CARE OF, AND SO IT WOULD BE FOR THOSE WHO WOULD BE IN NEED, OTHER PERSONS THAT WOULD COME THROUGH THE PARK, HOMELESS PEOPLE OR TRAVELERS.

Q. WHY -- OKAY.

A. I WOULD LIKE TO ADD SOMETHING HERE. IN REALITY, I DO

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49 I NOT KNOW WHO WILL BE THE NEXT PERSON WHO WILL HAVE THE NEED, SO I JUST BRING IT IN CASE SOMEBODY MIGHT.

Q. SO YOU BRING BREAD OR BLANKETS, OR WHATEVER, IN CASE THERE IS MAYBE A HOMELESS PERSON OR A STREET PERSON LACKING THOSE THINGS IN THEIR DAILY LIVES?

A. YES.

Q. AND WE MAY BE ABLE TO DISTRIBUTE THEM FREELY, OR WHATEVER?

A. YES.

Q. WHY DON'T -

A. IT IS -

Q. WHY DON'T -

A. -- FOR WHOEVER IS IN NEED.

Q. WHY DON'T YOU TAKE THE BREAD OR THE BLANKETS, OR WHATEVER, THE THINGS YOU RECEIVE, AND JUST PUT THEM UNDER A TREE OR A BENCH?

A. I HAVE DONE THAT, TOO.

Q. ALL RIGHT. SO WHAT IS --_

A. AND -

Q. WHY DON'T YOU DO THAT EVERY DAY' INSTEAD OF PUTTING THEM AT THE DEMONSTRATION SITES?

A. WELL, BECAUSE -- THAT IS VERY EASY TO ANSWER. BECAUSE THERE ARE PERSONS THAT WOULD TAKE ADVANTAGE OF THAT AND SIMPLY TAKE A BAG AWAY AND TAKE IT SOME PLACE ELSE.

Q. OKAY.

MR. SEMPLE: THAT WOULD BE ALL.

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THE COURT: DOES THAT CONCLUDE YOUR EXAMINATION?

MR. SEMPLE: YES, FOR NOW.

THE COURT: VERY WELL. CROSS-EXAMINATION?

MR. FINNEGAN: I HAVE NO QUESTIONS, YOUR HONOR.

THE COURT: THANK YOU,SIR, YOU ARE EXCUSED.

THE WITNESS: YES, SIR.

THE COURT: DO YOU HAVE ANOTHER WITNESS AT THIS TIME?

MR. SEMPLE: NO, YOUR HONOR.

THE COURT: WHY DON'T WE ADJOURN NOW, UNTIL AFTER LUNCH.

MR. FINNEGAN, HOW SHOULD WE LEAVE THIS? SUPPOSE I SET THIS AT, SAY, 2:30, WITH THE UNDERSTANDING THAT IF YOU ARE STILL INVOLVED WITH THE MAGISTRATE, WE WILL WAIT FOR YOU, UNTIL YOU ARE THROUGH.

MR. FINNEGAN: I WOULD APPRECIATE THAT, YOUR HONOR.

THE COURT: VERY WELL. WE ARE ADJOURNED UNTIL 2:30, AND AT THAT TIME YOU BRING ALL OF THE WITNESSES YOU ARE GOING TO BRING, AND THAT IS YOUR LAST CHANCE.

MR. SEMPLE: YES, SIR.

(WHEREUPON, AT 12:03 O'CLOCK P. M., THE COURT ADJOURNED TO RECONVENE AT 2:30 O'CLOCK P. M., OF THE SAME DAY.)

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AFTERNOON SESSION 2 30 P.M.

THE COURT: GOOD AFTERNOON, GENTLMEN. DO YOU HAVE A FURTHER WITNESS, MR. SEMPLE?

MR. SEMPLE: NO, SIR.

THE COURT: DO YOU HAVE ANYTHING YOU WANT TO TESTIFY, YOURSELF?

MR. SEMPLE: YES.

THE COURT: ALL RIGHT. WHY DON'T YOU LET THE CLERK SWEAR YOU, AND YOU CAN TELL ME WHATEVER YOU WANT TO TELL ME, PROVIDED IT IS RELEVANT.

STEPHEN SEMPLE, A/K/A SUNRISE HARMONY, THE DEFENDANT

SWORN.

THE COURT: YES, MR. SEMPLE.

DIRECT TESTIMONY

MR. SEMPLE: FIRST, I WOULD LIKE TO -

THE COURT: COULD YOU SPEAK UP SO THAT I CAN HEAR YOU?

MR. SEMPLE: YES, SIR. I HAVE HERE TWO DOCUMENTS WHICH I WOULD LIKE TO SUBMIT INTO EVIDENCE.

THE COURT: WOULD YOU TAKE THEM, MONTE, PLEASE.

MR. SEMPLE: THESE ARE - THE COURT: PERHAPS YOU HAD BETTER SHOW THEM TO THE GOVERNMENT FIRST. MARK THOSE AS A DEFENDANT'S EXHIBIT FOR IDENTIFICATION.

THE OFFICER IS WELCOME TO SIT AT THE COUNSEL TABLE, IF YOU

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WOULD LIKE HIM TO BE THERE.

MR. FINNEGAN: OH, THANK YOU, YOUR HONOR. I ASKED HIM TO STEP ASIDE.

THE COURT: YOU ARE NOT GOING TO CALL HIM AS A REBUTTAL WITNESS; ARE YOU?

MR. FINNEGAN: THAT IS WHY HE IS STILL HERE: IN THE EVENT THAT I WOULD RECALL HIM.

THE COURT: WELL, MAYBE HE OUGHT TO BE OUTSIDE THE COURTROOM, THEN.

MR. FINNEGAN: WELL, IT IS DIFFICULT -

THE COURT: HE IS YOUR CORPORATE REPRESENTATIVE?

MR. FINNEGAN: HE IS MY WITNESS, AND HE MAY KNOW

SOMETHING THAT IS CONTRADICTORY TO WHAT MAY COME OUT IN THE TESTIMONY. SO I HAVE TO HAVE MY REBUTTAL WITNESS PRESENT IN COURT.

THE COURT: NO, YOU DON'T. THAT HAS NOT BEEN MY PRACTICE, MR. FINNEGAN. THAT IS THE WHOLE POINT OF IT. REBUTTAL WITNESSES DO NOT STAY IN THE COURTROOM.

MR. FINNEGAN: YOUR HONOR, IN ALL MY PRACTICE, REBUT REBUTTAL WITNESSES ARE PERMITTED TO REMAIN. THERE ARE MANY THINGS THAT THE DEFENDANT COULD TESTIFY TO THAT I HAVE NO KNOWLEDGE OF WHATSOEVER, AND THE ONLY KNOWLEDGE I HAVE IS THROUGH MY WITNESS. OTHERWISE, I WOULD HAVE TO GO OUTSIDE AND RETELL EXACTLY WHAT I HEARD TO SEE WHETHER OR NOT THE OFFICER REMEMBERS

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ANYTHING CONTRADICTORY.

THE COURT: WELL, MAYBE THE CLERK HAS A BETTER MEMO BY THAN I DO, BUT I THINK IT HAS BEEN MY PRACTICE IN MY COURTROOM WHEN WITNESSES HAVE CONCLUDED THEIR TESTIMONY, TO EXCUSE THE WITNESS AND NOT LET THEM SIT HERE, AFTER THEY HAVE TESTIFIED, IF THEY ARE GOING TO BE REBUTTAL WITNESSES.
IT IS A SMALL MATTER HERE TODAY.

MR. FINNEGAN: I UNDERSTAND, YOUR HONOR.

THE COURT: THERE IS ALWAYS SOMETHING' MR. FINNEGAN . I AM GOING TO ALLOW THE OFFICER TO STAY AS A CORPORATE CORPORATE REPRESENTATIVE.

MR. FINNEGAN: THANK YOU, YOUR HONOR.

THE COURT: GO AHEAD.

THE DEPUTY CLERK: DEFENDANT'S EXHIBITS 2 AND 3 MARKED FOR IDENTIFICATION. (DEFENDANT'S EXHIBITS 2 AND 3 MARKED FOR IDENTIFICATION, RESPECTIVELY.) MR. SEMPLE: YOUR HONOR, THESE ARE TWO APPLICATIONS FOR PERMITS. ONE, IF YOU WILL NOTE, IS BEFORE THE INCIDENT OCCURRED ON APRIL 8TH. THE OTHER ONE IS AN APPLICATION FOR A PERMIT AFTER THE INCIDENT ON APRIL 8TH.

THE COURT: WELL, ONE 15 FOR THE PERIOD 12/26/87 TO JANUARY 2, 1988, AND THE OTHER IS FROM APRIL 28TH TO MAY

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THE 4TH.

MR. SEMPLE: RIGHT.

THE COURT: AND THIS INCIDENT WAS WHEN?

MR. SEMPLE: APRIL 8TH' BEFORE THE SECOND APPLICATION WAS

THE COURT: OKAY.

MR. SEMPLE: -- GRANTED. I THINK THESE DOCUMENTS WOULD SHOW THAT I WAS TRYING, TO THE BEST OF MY ABILITY' TO COME TO AN AGREEMENT WITH THE NATIONAL PARK SERVICE IN ORDER TO FOLLOW THEIR RULES AND REGULATIONS ON CAMPING IN THE PARK AND DEMONSTRATING.

THE COURT: OKAY. THANK YOU.

MR. SEMPLE: I ALSO HAVE A PRETRIAL MATTER THAT I THINK WAS OVERLOOKED WHICH HAS TO DO WITH MENS REA.

THE COURT: THOSE PERMIT APPLICATIONS WERE GRANTED?

MR. SEMPLE: YES' SIR.

THE COURT: OKAY.

MR. SEMPLE: THE LAST PAGE SHOWS THEM GRANTING THE APPLICATIONS.

THE COURT: ALL RIGHT.

MR. SEMPLE: AND THESE PERMITS ALLOW THE USE OF ALL OF THE THINGS WHICH I HAVE ALREADY TOLD THE COURT BELONG TO ME: TWO SIGNS, A MUSICAL INSTRUMENT, AMPLIFIER, INSULATED BAG. IT DOES SAY INSULATED BAG:' IN HERE. I DIDN'T HAVE

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AN INSULATED BAG.

THE COURT: COULD I SEE THAT AGAIN FOR A MOMENT?

MR. SEMPLE: YES, SIR.

THE COURT: THANK YOU. ALL RIGHT. GO AHEAD.

MR. SEMPLE: THESE APPLICATIONS AND PERMITS SHOW THAT I WAS ALLOWED TO HAVE THE THINGS THAT I HAD IN THE PARK AT THE TIME I WAS THERE. AS FAR AS THE MENS REA GOES, THE CAMPING REGULATION - I DO NOT BELIEVE THAT I WAS VIOLATING THE CAMPING REGULATION.

THE COURT: IF YOU HAVE A LEGAL ARGUMENT, LET'S SAVE THAT UNTIL THE TIME FOR LEGAL ARGUMENT.

MR. SEMPLE: I SEE.

THE COURT: IF YOU HAVE SOME FACTS OR DOCUMENTS, I WILL HEAR THEM NOW; AND, THEN, WHEN YOU HAVE FINISHED DOING THAT, THE GOVERNMENT WILL HAVE AN OPPORTUNITY TO MAKE AN AGUEMENT, AND YOU WILL HAVE AN OPPORTUNITY TO MAKE AN ARGUMENT. THE GOVERNMENT WILL THEN MAKE A CLOSING ARGUMENT.

NOW, DO YOU HAVE ANY OTHER FACTS THAT YOU WANT TO TELL ME?

MR. SEMPLE: YES, SIR, I HAVE SOME MORE EVIDENCE THAT I WOULD LIKE TO SUBMIT BEFORE THE COURT. I WOULD LIKE TO JUST READ A COUPLE OF PARAGRAPHS FROM THESE PAPERS HERE. I WOULD LIKE TO SUBMIT THESE AS EVIDENCE. IT IS FROM A BOOK CALLED THE AQUARIAN GOSPEL OF JESUS THE CHRIST, BY LEVI.

THE COURT: A BOOK?

MR. SEMPLE: A BOOK, YES, AND I TRY TO FOLLOW THE

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PHILOSOPHY OF THIS BOOK. IT IS THE LIFE OF JESUS AND THE WORDS AND DEEDS OF JESUS EXPLAINED IN A VERY SIMPLE FORM. AND I BELIEVE THIS DOCUMENT WILL SHOW WHAT I AM TRYING TO DO IN THE PARK. I WILL JUST BRIEFLY POINT OUT A COUPLE OF PARAGRAPHS IN THERE TO INDICATE WHAT MY PURPOSE IS FOR BEING IN THE PARK.

THE COURT: ALL RIGHT.

THE DEPUTY CLERK: DEFENDANT'S EXHIBIT NO. 4 MARKED FOR IDENTIFICATION.

(DEFENDANT'S EXHIBIT NO. 4 MARKED FOR IDENTIFICATION.)

THE COURT: IS THAT NO. 4?

THE DEPUTY CLERK: THAT WAS NO. 4, JUDGE.

THE COURT: WHAT WERE 1 AND 2? THE PERMITS WERE 1 AND 2; WERE THEY NOT?

THE DEPUTY CLERK: NO. 1 WAS A DOCUMENT THAT HE PRODUCED FROM THE OFFICER ON THE STAND; 2 AND 3 WERE THOSE TWO APPLICATIONS.

THE COURT: THANK YOU.

THE WITNESS: "JESUS SAID, 'I WAS HUNGRY, AND YOU GAVE ME NOUGHT TO EAT. I WAS THIRSTY, AND YOU GAVE ME NOUGHT TO DRINK. I WAS A STRANGER, AND YOU DROVE ME FROM YOUR DOOR. I WAS IMPRISONED AND WAS SICK, AND YOU DID NOT MINISTER TO ME.'"

THEN, THESE ON THE LEFT WILL SAY: "WHEN DID WE THUS

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NEGLECT TO CARE FOR YOU? WHEN DID WE SEE YOU HUNGRY, THIRSTY, SICK, A STRANGER OR IMPRISONED AND DID NOT MINISTER TO YOU?" AND THEN THE JUDGE WILL SAY: "YOUR LIFE WAS FULL OF SELF. YOU SERVED YOURSELF AND NOT YOUR FELLOW MAN. AND WHEN YOU SLIGHTED ONE OF THESE, YOU SLIGHTED AND NEGLECTED ME."

HE ALSO SAID, ACCORDING TO THE AQUARIAN GOSPEL:
"IF YOU WOULD SERVE THE GOD WHO SPEAKS WITHIN THE HEART, OUST SERVE YOUR NEAR OF KIN AND THOSE THAT ARE OF NO KIN, THE STRANGERS AT YOUR GATE, THE FOE WHO SEEKS TO DO YOU HARM; ASSIST THE POOR, AND HELP THE WEAK; DO HARM TO NONE AND COVET NOT WHAT IS NOT YOURS."

THE REASON I STATE THESE THINGS IS TO SHOW THAT, WHEN SOMEONE, ANY GROUP OR ORGANIZATION, OR PRIVATE CITIZENS, IS OR ANYONE ELSE, BRINGS BY BLANKETS OR FOOD, I HAVE NO RIGHT TO THROW THOSE THINGS AWAY.

I MUST DISTRIBUTE THOSE TO THOSE IN NEED. WHEN BLANKETS OR FOOD ARE DELIVERED TO MY SIGNS, I FEEL IT IS MY OBLIGATION, IN FOLLOWING THESE WORDS, TO GIVE THEM TO WHOEVER NEEDS THEM, WHEN THEY NEED THEM.

NOW, BREAD AND THINGS LIKE APPLES, AND THINGS LIKE THAT, ARE USUALLY GONE THROUGH VERY FAST. I THINK THE BREAD AND THE APPLES THAT WERE AT MY SIGNS THAT DAY WERE GONE WITHIN 12 HOURS.

THE BLANKETS AND THINGS THAT I USUALLY HAVE AROUND

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ARE DISTRIBUTED IN VERY QUICK PERIOD. 1 DON'T THINK THERE IS A DAY THAT GOES States BY THAT SOMEONE DOES COME BY MY SIGNS IN THE PARK AND ASK FOR FOOD OR BLANKETS. AND GO I BELIEVE IT 4 | WOULD BE A CRIME FOR ME TO THROW AWAY THOSE THINGS. I HAVE NO RIGHT TO THROW THEM AWAY . IT IS MY OBLIGATION TO SERVE THE HUNGARY AND TO GIVE BLANKETS TO THOSE WHO NEED THEM. I BELIEVE THAT THE GOVERNMENT HAS NOT SHOWN THAT I WAS USING THE PARK LAND FOR LIVING ACCOMMODATIONS OR CAMPING BECAUSE THE GOVERNMENT HAS NOT SHOWN -- )

THE COURT THAT I States ARGUMENT.

MR. SEMPLE: OH, I M SORRY.

THE COURT: DO YOU HAVE SOME MORE TESTIMONY, SOMETHING ELSE THAT YOU WANT TO TELL ME THAT IS A FACT, OR A DOCUMENT THAT YOU WANT TO FILE?

MR. SEMPLE-: THE FACTS' AS I CAN SAY THEM: I WAS NOT SLEEPING. WAS NOT USING THE PARK LAND FOR LIVING ACCOMMODATION PURPOSES. I WAS NOT STORING PERSONAL BELONGINGS. EVERYTHING THAT I HAD THERE WAS EITHER TO BE DISTRIBUTED TO THOSE IN NEED OR ARTICLES USED IN THE EXERCISE OF MY FIRST AMENDMENT RIGHTS AND FOR SURVIVAL PURPOSES. THE COURT OKAY. DOES THAT COMPLETE YOUR TESTIMONY?

MR. SEMPLE E: I BELIEVE SO, SIR.

THE COURT ALL RIGHT. DO YOU WISH TO EXAMINE?

MR. FINNEGAN: FINNEGAN JUST A FEW QUESTIONS, YOUR HONOR.

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THE COURT: YES.

CROSS-EXAMINATION

BY MR. FINNEGAN:

Q. MR. SEMPLE, WHERE DO YOU LIVE?

A. I LIVE IN MY BODY.

Q. WHERE DO YOU LIVE? PLEASE GIVE THE COURT AN ANSWER: WHERE DO YOU RESIDE? WHERE DOES YOUR BODY LIVE?

A. RIGHT NOW I LIVE IN THIS BODY. I HAVE NO -- NO LIVING ACCOMMODATIONS. I HAVE NO -

Q. ISN'T IT A FACT THAT YOU -

A. -- HOME.

Q. -- LIVE IN THE PARK, MR. SEMPLE? YOU LIVE IN LAFAYETTE PARK, AND THAT IS YOUR ADDRESS, AND HAS BEEN FOR SEVERAL YEARS, NOW? YOU LIVE IN LAFAYETTE PARK? NO, I DON'T BELIEVE THAT TO BE TRUE, SIR.

Q. WELL, WHERE DO YOU LIVE? IF YOU ARE NOT FOUND IN LAFAYETTTE E PARK, WHERE ARE YOU FOUND?

A. MANY PLACES.

Q. WHERE?

A. I GO TO LIBRARIES AROUND TOWN. I GO TO PLAY MY GUITAR AT DIFFERENT PLACES. I GO TO VISIT FRIENDS AT DIFFERENT PLACES.

Q. WHERE DO YOU SLEEP?

A. IT DEPENDS.

Q. WHERE DO YOU SLEEP?

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A. MOST -- MOST OF THE TIME I SLEEP IN LAFAYETTE PARK. HOWEVER. THERE ARE OTHER OCCASIONS WHERE I HAVE GONE TO VISIT FRIENDS AND SLEEP AT THEIR HOUSES.

Q. ON APRIL 8TH, 1988, WHERE WERE YOU LIVING AT THAT TIME?

A. NO PARTICULAR ADDRESS.

Q. ISN'T IT A FACT THAT YOU COMMONLY HAVE TOLD THE COURT, EVERY TIME YOU HAVE EVER BEEN ARRESTED, THAT YOU CAN BE FOUND 8 IN LAFAYETTE PARK, AND THAT IS WHERE YOU RESIDE?

A. NO. I HAVE NEVER TOLD THE COURT THAT I RESIDE IN LAFAYETTE PARK.

Q. WHERE DOES THE COURT REACH YOU? WHEN THEY SEND YOU NOTICE S.

WHERE DO THEY REACH YOU?

A. THEY USUALLY REACH ME AT A POST OFFICE BOX.

Q. AND WHY DO YOU USE A POST OFFICE BOX?

A. BECAUSE I HAVE NO RESIDENCE.

Q. YOU ARE FOUND IN LAFAYETTE PARK, AND YOU LIVE IN LAFAYETTE PARK; IS THAT CORRECT?

A. NO, I DEMONSTRATE IN LAFAYETTE PARK.

Q. BUT WHERE DO YOU LIVE? PLEASE ANSWER THE QUESTION. WHERE DO YOU LIVE? AND YOU KNOW WHAT I MEAN, WHEN I ASK THAT QUESTION. WHERE DO YOU LIVE, AND WHERE HAVE YOU LIVED FOR THE LAST TWO TO THREE YEARS?

A. WELL, THREE YEARS AGO I HAD AN APARTMENT.

Q. FOR THE LAST THREE YEARS, WHERE HAVE YOU LIVED? 25 A. THREE YEARS AGO I HAD AN APARTMENT.

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Q. FOR HOW LONG AND WHEN DID YOU LEAVE THE APARTMENT?

A. AND I WAS GOING TO SCHOOL IN NORTHERN VIRGINIA, IN ALEXANDRIA. I DECIDED THAT THE VALUES OF THIS COUNTRY ARE -

Q. EXCUSE ME. THE QUESTION WAS: WHERE DO YOU LIVE? WHEN DID YOU LEAVE THAT APARTMENT AND GIVE UP THAT APARTMENT AS A RESIDENCE?

A. I GAVE UP THAT APARTMENT, ACCORDING TO THE WORD OF JESUS, THE CHRIST -

THE COURT: WHEN? NOT WHY.

THE WITNESS: IN 1986. 10 i BY MR. FINNEGAN:

Q. AND WHERE DID YOU MOVE TO?

A. I GAVE AWAY ALL OF MY -

THE COURT: THE QUESTION WAS -IS THE WITNESS: -MATERIAL BELONGINGS.

THE COURT: THE QUESTION WAS WHERE YOU MOVED TO.

THE WITNESS: I MOVED OUT INTO THE OPEN.

BY MR. FINNEGAN:

Q. IN LAFAYETTE PARK? 20 A. I MOVED OUTSIDE, WHEREVER.

Q. ALL RIGHT.

MR. FINNEGAN: YOUR HONOR, COULD THE COURT ASK THE DEFENDANT TO PLEASE ANSWER THE QUESTION? HE IS BEING EVASIVE, AND I THINK HE IS BEING PURPOSELY EVASIVE.

THE COURT: I BELIEVE HIS EVASIVENESS ANSWERS THE

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QUESTION, MR. FINNEGAN.

MR. FINNEGAN: EXCUSE ME, YOUR HONOR?

THE COURT: I THINK HIS EVASIVENESS ANSWERS THE QUESTION. THE WITNESS: I SINCERELY BELIEVE THAT I DO NOT HAVE A RESIDENCE.

MR. FINNEGAN: YOUR HONOR, I HAVE NO FURTHER QUESTION. THANK YOU VERY MUCH.

THE COURT: MR. SEMPLE, DO YOU SLEEP?

MR. SEMPLE: DO I SLEEP?

THE COURT: DID YOU SLEEP DURING THE 24 HOURS FROM 12:01 A. M., APRIL 8TH, TO 11:59, APRIL 8TH.

MR. SEMPLE: AS I RECALL, SIR, I WAS ARRESTED AT -

THE COURT: THE QUESTION WAS -

MR. SEMPLE: -- TWO O'CLOCK IN THE AFTERNOON.

THE COURT: THE QUESTION IS WHETHER YOU SLEPT. -

MR. SEMPLE: BEFORE 12:00 O'CLOCK MIDNIGHT ON APRIL THE 8TH?

THE COURT: AFTER 12:01 A. M. AND BEFORE 11:59 P. M. MR. SEMPLE: I DON'T RECALL. IT IS A POSSIBILITY.

THE COURT: ALL RIGHT.

MR. SEMPLE: IT IS A POSSIBILITY.

THE COURT: WHAT ABOUT THE LAST 24 HOURS; DID YOU SLEEP?

MR. SEMPLE: WELL, I DON'T DENY THAT I HAVE SLEPT IN THE PARK.

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THE COURT: ANSWER MY QUESTION: DID YOU SLEEP WITHIN THE LAST 24 HOURS?

MR. SEMPLE: YES, I DID SLEEP WITHIN THE LAST 24 HOURS.

THE COURT: AND WHERE DID YOU SLEEP?

MR. SEMPLE: I SLEPT IN BETWEEN MY SIGNS, BUT I WAS WOKEN UP EVERY -

THE COURT: YOU SLEPT IN LAFAYETTE PARK?

MR. SEMPLE: WELL, I DON'T KNOW IF I -

THE COURT: ARE YOUR SIGNS IN LAFAYETTE PARK?

MR. SEMPLE: YES, SIR.

THE COURT: OKAY.

MR. SEMPLE: BUT I WAS WOKEN UP EVERY HOUR AND A HALF BY THE POLICE.

THE COURT: DID YOU SLEEP ANYWHERE ELSE?

MR. SEMPLE: NO

THE COURT: OKAY. NOW, IN THE 24 HOURS BEFORE THAT, WHERE DID YOU SLEEP?

MR. SEMPLE: WELL, I WOULD HAVE TO SAY, AGAIN, LAFAYETTE PARK. I HAVE SLEPT THERE ON MANY OCCASIONS.

THE COURT: I UNDERSTAND THAT, BUT YOU JUST ANSWER MY QUESTIONS RIGHT NOW, MR. SEMPLE. AND THE 24 HOURS BEFORE THAT?

MR. SEMPLE: THE 24 HOURS BEFORE THAT, I WAS IN FREDERICKSBURG, VIRGINIA.

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THE COURT: AND DID YOU SLEEP?

MR. SEMPLE: YES, SIR. I SLEEP EVERY 24 HOURS.

THE COURT: AND WHERE DID YOU SLEEP?

MR. SEMPLE: I SLEPT ON THE FLOOR AT MY FRIEND'S HOUSE IN FREDERICKSBURG.

THE COURT: ALL RIGHT.

NOW, CAN YOU THINK OF ANY OTHER OCCASIONS, SINCE 12:01 8 A. M., APRIL 8, 1988, WHERE YOU SLEPT ANY PLACE BUT LAFAYETTE PARK?

MR. SEMPLE: SINCE APRIL 8TH?

THE COURT: YES.

MR. SEMPLE: YES. THIS SUMMER, I WENT TO CALIFORNIA"

THE COURT: OKAY. AND HOW LONG WERE YOU IN CALIFORNIA

MR. SEMPLE: I SPENT TWO MONTHS ON THE ROAD.

THE COURT: AND WHEN WAS THAT?

MR. SEMPLE: JULY AND AUGUST. -

THE COURT: ALL RIGHT. NOW, BETWEEN THE DAY YOU RETURNED FROM CALIFORNIA -- YOU RETURNED TO THE DISTRICT OF COLUMBIA IN AUGUST?

MR. SEMPLE: AT THE END OF AUGUST, YES, SIR.

THE COURT: AT THE END OF AUGUST. BETWEEN THE TIME YOU RETURNED TO THE DISTRICT OF COLUMBIA AT THE END OF AUGUST AND THREE DAYS AGO, HAVE YOU SLEPT ANY PLACE OTHER THAN LAFAYETTE PARK?

MR. SEMPLE: YES. LIKE I SAID, THIS LAST WEEKEND

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I WENT TO FREDERICKSBURG.

THE COURT: OTHER THAN THAT?

MR. SEMPLE: I CAN'T RECALL.

THE COURT: ALL RIGHT. NOW, HAVE YOU -- DO YOU RECALL ON APRIL 8TH, BEFORE YOU WERE ARRESTED -- WHAT TIME OF DAY WAS IT, AT 3:00 OR 4:00 IN THE AFTERNOON?

MR. SEMPLE: IT WAS ABOUT 3:00 OR 4:00 O'CLOCK IN THE AFTERNOON. THE COURT: BEFORE YOU WERE ARRESTED, HAD YOU BEEN OUT OF LAFAYETTE PARK AT ALL?

MR. SEMPLE: THAT DAY?

THE COURT: THAT DAY.

MR. SEMPLE: I DON'T RECALL, SIR.

THE COURT: IN THE LAST 24 HOURS, OTHER THAN COMING TO COURT, HAVE YOU BEEN OUT OF LAFAYETTE PARK?

MR. SEMPLE: YES.

THE COURT: AND FOR HOW LONG?

MR. SEMPLE: WELL, YESTERDAY, I WENT TO THE STORE, AND I WENT TO GEORGETOWN TO THE BOOKSTORE. THAT TOOK ABOUT TWO OR THREE HOURS. I HAVE SPENT A LOT OF TIME GOING UP TO A FRIEND OF OURS WHO HAS A KITCHEN TO PREPARE FOOD. WE WERE DOING THAT JUST ABOUT EVERY DAY FOR THE LAST TWO MONTHS, SPENDING AT LEAST FOUR HOURS A DAY DOING THAT.

THE COURT: YOU HAVE BEEN OUT OF LAFAYETTE PARK FOUR

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HOURS A DAY?

MR. SEMPLE: AT LEAST.

THE COURT: EVERY DAY?

MR. SEMPLE: I WOULD HAVE TO SAY PRETTY MUCH.

THE COURT: OKAY. DO YOU HAVE ANYTHING ELSE YOU WANT TO TESTIFY TO?

MR. SEMPLE: YES. I DON'T SEE THAT -- I MEAN I WOULD LIKE TO SAY -

THE COURT: NO ARGUMENT, NOW, AT THIS POINT. THIS FOR IS FACT, ANY RELEVANT FACT THAT YOU WANT TO TELL ME.

REDIRECT TESTIMONY

MR. SEMPLE: WELL, I THINK THE RELEVANT FACTS ARE THAT I GAVE UP MY LIVING ACCOMMODATIONS TO GO OUT AND MAKE A STAND ON WHAT I BELIEVE IN, AND TRYING TO FOLLOW MY RELIGIOUS BELIEFS. I CHOSE LAFAYETTE PARK AS A FORUM.

MY IDEA IS TO TRY AND START A SCHOOL THERE, A PLACE FOR LEARNING. ANYONE THAT COMES BY THERE, I TRY TO DISCUSS AND REASON WITH THEM ABOUT BELIEFS, THEIR BELIEFS IN GOD AND MAN.

I TRY TO LIVE A SIMPLE LIFE. I TRY NOT TO HARM ANY LIVING THINGS. I DON'T BELIEVE THAT I HAVE DONE ANY DAMAGE TO THE GOVERNMENT. I HAVE NOTHING AGAINST THE GOVERNMENT OF THE UNITED STATES, EXCEPT THE FACT THAT THEY USE FORCE AND VIOLENCE TO SOLVE PROBLEMS. THEY BELIEVE THAT FORCE AND VIOLENCE CAN SOLVE PROBLEMS; WHEREAS, I BELIEVE THAT REASON AND LOGIC CAN SOLVE PROBLEMS.

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I BELIEVE IT IS MY DUTY TO TRY MY BEST TO FOLLOW THE WORDS OF JESUS, THE CHRIST, WHO SAID TO FEED THE HUNGRY AND TO CLOTHE THE NAKED AND MINISTER TO THE SICK.

THE COURT: DO YOU HAVE ANY FURTHER QUESTIONS?

MR. FINNEGAN IF I MAY, YOUR HONOR.

RECROSS-EXAMINATION

BY MR. FINNEGAN

Q. THE ITEMS THAT WERE UNDER YOU WHEN THE OFFICER ARRESTED YOU ON THE AFTERNOON OF APRIL 8TH THERE WERE SOME BLANKETS AND SOME OTHER ITEMS DO YOU RECALL WHAT YOU WERE ON AT THE TIME?

A. SIR, IF I REMEMBER FROM LOOKING AT THE PHOTOGRAPHS, THERE WAS ONE BLANKET UNDERNEATH ME AND ONE BLANKET ON TOP.

Q. THOSE WERE YOUR BLANKETS?

A.YES, SIR. I MEAN, IF I OWN ANYTHING YOU KNOW, I REALLY DON'T OWN THE HAIR ON MY HEAD, SO

Q. DID YOU PUT THE BLANKET DOWN ON THE GROUND?

A. YES, I AM SURE I DID.

Q. DID YOU LAY ON THE BLANKET?

A. YES, I DID LAY ON THE BLANKET.

Q. AND THEN YOU LAID DOWN?

A. DID I LAY DOWN?

A. YOU LAID DOWN; DIDN'T YOU?

YES. I ANSWERED THAT I LAID ON THE BLANKET, YES. THEN YOU PUT A BLANKET OVER YOU?

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A. YES.

Q. AND THAT IS YOUR HOME?

A. NO, SIR, NOT AT ALL.

Q. WHERE IS YOUR HOME?

A. MY HOME IS THE WHOLE EARTH. THE UNIVERSE IS MY HOME.

MR. FINNEGAN: I HAVE NOTHING FURTHER, YOUR HONOR.

THE COURT: YOU MAY STEP DOWN, MR. SEMPLE.

A. SPECTATOR: I HAVE AN OBJECTION.

THE DEPUTY MARSHAL: PUT YOUR HAND DOWN IN THE COURT ROOM, PLEASE.

THE COURT: YOU MAY STEP DOWN, MR. SEMPLE.

MR. SEMPLE: YES, SIR.

THE COURT: DO YOU HAVE ANY REBUTTAL TESTIMONY?

MR. FINNEGAN: NO, YOUR HONOR.

THE COURT: WE WILL TAKE A BRIEF RECESS AND THEN HEAR FINAL ARGUMENT.

(BRIEF RECESS.)

THE COURT: BEFORE WE GO TO ARGUMENT,

MR. SEMPLE, YOU IDENTIFIED A COUPLE OF DOCUMENTS, BUT I DON'T THINK YOU TO OFFERED THEM IN EVIDENCE.
DO YOU INTEND TO OFFER THEM IN EVIDENCE?

MR. SEMPLE: YES, SIR.

THE COURT: ALL RIGHT. YOU ARE OFFERING 1, 2, 3, AND 4?

MR. SEMPLE: YES, SIR.

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THE COURT: IS THERE ANY OBJECTION?

MR. FINNEGAN: ONLY AS TO THE RELEVANCE, YOUR HONOR.

THE COURT: THE OBJECTION IS OVERRULED. THEY WILL BE RECEIVED.

MR. FINNEGAN: THANK YOU, YOUR HONOR.

THE DEPUTY CLERK; DEFENDANT'S EXHIBITS 1, 2, 3, 7 AND 4 RECEIVED IN EVIDENCE.

(DEFENDANT'S EXHIBITS 1, 2, 3 AND 4 RECEIVED IN EVIDENCE, RESPECTIVELY.)

THE COURT: ALL RIGHT.

MR. FINNEGAN THE ONLY THING TO DETERMINE HERE IS WHETHER OR NOT MR. SEMPLE WAS CAMPING IN THE PARK ON APRIL 8, 1988.

THE COURT: THAT IS WHAT THIS REGULATION AND THE INFORMATION DEAL WITH.

MR. FINNEGAN: AND, BASICALLY, IF A PERSON IS LIVING IN THE PARK, AND HE EXERCISES, OR DOES THOSE THINGS THAT ARE I ATTENDANT WITH LIVING IN THE PARK, THAT SEEMS TO BE THE VIOLATION: TAKING UP RESIDENCE IN THE PARK AND USING IT TO LIVE IN AND I HAVING THE THINGS AROUND YOU WHICH ARE EVIDENCE OF RESIDING I I THINK IT IS FAIRLY CLEAR, AND I DO NOT THINK IT1 IS EVEN REBUTTABLE, THAT, FOR THE LAST AT LEAST TWO YEARS,I THE DEFENDANT HAS BEEN LIVING IN THE PARK. THAT IS WHERE HE RESIDES. THAT IS A MATTER OF RECORD

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70 IN VIRTUALLY EVERY CASE HE HAS HAD BEFORE THE COURT, INCLUDING YOUR HONOR'S. IF YOU WANT TO FIND MR. SEMPLE, YOU GO TO THE PARK. THAT IS HIS HOME. THAT IS HIS ADOPTED HOME. THAT IS WHERE HE CONDUCTS HIS BUSINESS AND WHERE HE RESIDES. WHEN HE LEAVES THE PARK, IT IS ONLY FOR A TEMPORARY NECESSITY, AND HE COMES BACK. HIS HOME, HIS RESIDENCE, HIS ABODE, IS THE PARK.

THE EVIDENCE WE HAVE HERE IS THAT HE WAS LAYING DOWN IN THE PARK. THIS IS HIS SITE. I DON'T THINK I HAVE TO SPEND ANY MORE TIME ON IT. WE FEEL THAT THE CONCLUSION TO BE DRAWN FROM THE EVIDENCE IS THAT THE DEFENDANT IS IN VIOLATION OF THIS PARTICULAR CODE PROVISION.

THE COURT: MR. FINNEGAN, DEAL WITH THIS FOR ME, IF YOU WILL.

MR. FINNEGAN: YES, YOUR HONOR.

THE COURT: IN THIS PREVIOUS TRIAL THAT WE HAD, I IMPOSED SOME CONDITIONS.

MR. FINNEGAN: OF PROBATION.

THE COURT: OF PROBATION.

MR. FINNEGAN: YES, YOUR HONOR.

THE COURT: AND IS IT YOUR POSITION THAT, EVEN IF HE ABIDED BY THOSE CONDITIONS -- I AM NOT SAYING AT THE MOMENT WHETHER HE DID OR DID NOT, BUT ASSUMING, ARGUENDO, FOR THE MOMENT, THAT HE DID, IN FACT, REASONABLY WELL COMPLY WITH

THOSE CONDITIONS -- WOULD THIS AFFECT HIS CRIMINAL RESPONSIBILITY

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AT ALL IN THESE CIRCUMSTANCES?

MR. FINNEGAN: NOT AT ALL. IT HAS NOTHING TO DO WITH THIS PARTICULAR OFFENSE.

YOUR HONOR, AS PART OF YOUR PROBATION, HAS IMPOSED HIS WILL WITH REGARD TO WHAT YOU FELT WAS REASONABLE UNDER THE CIRCUMSTANCES.
IN EFFECT, BECAUSE HE HAD BEEN CONVICTED BEFORE YOU States | OF THIS OFFENSE, YOUR HONOR WAS IMPOSING YOUR OWN LAW WITH REGARD TO WHAT YOU FELT WAS REASONABLE. to BUT THE CODE OF FEDERAL REGULATIONS IS STILL ON THE BOOKS. IF HE VIOLATED THAT LAW, OR ANY OTHER LAW, EVEN IF HE WERE ABIDING BY THE RULES THAT YOU GAVE HIM, THAT IS, IF FOLLOWING YOUR RULES HE VIOLATED A LAW ALONG THE ROAD, HE WOULD STILL BE RESPONSIBLE. THE COURT: WELL, IF ALL HE DID WAS WHAT I IDENTIFIED AS A CONDITION OF HIS PROBATION, HE WOULD STILL BE CRIMINALLY RESPONSIBLE, UNDER YOUR THEORY?

MR. FINNEGAN: HE WOULD NOT BE IN VIOLATION OF YOUR PROBATION, BECAUSE THOSE ARE THE RULES OF THE PROBATION YOU IMPOSED UPON HIM, BUT THAT DOES NOT IMMUNIZE HIM AS TO WHETHER| OR NOT HE VIOLATED THE CODE OF FEDERAL REGULATIONS IN A RELATED MATTER. THE COURT: DOES HE HAVE TO -- 15 THERE ANY OBLlGATION ON THE GOVERNMENT TO PROVE ANY ELEMENT 0= INTENT?

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THAT YOU HAVE TO DISTINGUISH BETWEEN THE PERSON WHO WANDERS INTO THE PARK ON A BEAUTIFUL DAY. I THINK THIS ARGUMENT HAS BEEN MADE BEFORE. HE OR SHE WANDERS INTO THE PARK ON A BEAUTIFUL DAY AND LAYS DOWN ON THE GRASS. THEY FEEL THE SUN, FEEL THE BREEZE. THE TEMPERATURE IS DELIGHTFUL, AND THEY FALL ASLEEP.

THAT PERSON IS NOT A CAMPER.

ON THE OTHER HAND, SOMEONE WHO GOES INTO THE PARK WITH THE INTENT OF STAYING IN THE PARK AND USING THE PARK FOR A PLACE OF RESIDENCE -- NO MATTER HOW TEMPORARY IT APPEARS, IF HE GOES INTO THAT PARK AND INTENDS TO TAKE UP RESIDENCE.
NOW, HOW DO WE KNOW WHETHER OR NOT HE INTENDS TO TAKE UP RESIDENCE IN THE PARK?
WELL, WE SEE WHAT HE HAS DONE. WE LOOK AT THE CONDITION UNDER WHICH HE STAYS IN THE PARK OR IS IN THE PARK.

THE COURT: SUPPOSE THIS HAD HAPPENED ON A DAY COVERED BY ONE OF THOSE PERMITS. MR. FINNEGAN: THE PERMIT HAS NOTHING TO DO WITH THIS CASE. THE PERMIT IS FOR A DEMONSTRATION IT DOESN'T PERMIT HIM TO CAMP. IF YOUR HONOR WILL LOOK AT THE PERMITS, EVEN WITH THE WIDEST INTERPRETATION OF THESE PARTICULAR PERMITS THEY ALLOW HIM TO DEMONSTRATE IN THE PARK. HE HAS BEEN DEMONSTRATING IN THE PARK FOR THE LAST TWO OR THREE YEARS THAT PERMIT SUPERFLUOUS IN THE SENSE IT IT PERMIT To DO WHAT HE HAS BEEN DOING FOR TWO YEARS. IT DOES NOT PERMIT HIM, HOWEVER TO SLEEP, LIVE, OR CAMP IN

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THE PARK. THAT IS NOT EVEN INFERRED PERMIT. THE PERMIT DOES NOT PERMIT HIM TO DO ANYTHING OTHERWISE IN VIOLATION OF THE CODE OF FEDERAL REGULATIONS.

THE COURT: OKAY. THANK YOU.

MR. FINNEGAN: THANK YOU, YOUR HONOR.

THE COURT: MR. SEMPLE.

MR. SEMPLE: DURING THE RECESS, IT WAS SUGGESTED TO ME THAT I SHOULD HAVE MADE A MOTION FOR A JUDGMENT OF ACQUITTAL AT THE END OF THE GOVERNMENT'S CASE AND BEFORE I TESTIFIED. I ASK THE COURT TO ENTERTAIN MY ARGUMENT WITHOUT CONSIDERING MY TESTIMONY, AS I WAS NOT AWARE -

THE COURT: I AM SORRY, MR. SEMPLE. DO YOU MIND PULLING THAT MIKE UP A LITTLE CLOSER TO YOUR FACE? I THINK OTHER WAY WOULD BE BETTER, UP. THERE WE GO.

MR. SEMPLE: I ASK THE COURT TO ENTERTAIN MY ARGUMENT WITHOUT CONSIDERING MY TESTIMONY, AS I WAS NOT AWARE OF THE EXTENT OF MY FIFTH AMENDMENT RIGHTS.

THE COURT: ALL RIGHT.

MR. SEMPLE: AND THE JUDGMENT OF ACQUITTAL CONSISTS OF THE ARGUMENTS THAT THE GOVERNMENT DIDN'T SHOW THAT I WAS

SLEEPING AT THE TIME. THE OFFICER'S TESTIMONY INDICATES THAT I WAS AWAKE. THE OFFICER COULDN'T TESTIFY THAT ANY OF THE BELONGINGS AROUND THE SIGN BELONGED TO ME, AND THE OFFICER DIDN'T ATTEMPT

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TO FIND OUT WHO THE OWNER OF THE BELONGINGS WAS AND ADMITTED IT WAS QUITE POSSIBLE THAT THEY BELONGED TO SOMEONE ELSE. HE TESTIFIED THERE WERE OTHER INDIVIDUALS IN THE AREA, AND OTHER INDIVIDUALS ARE IN THE PHOTOS. I THINK I PROVED PRETTY MUCH THAT SOME OF THE ARTICLES DID BELONG TO OTHER INDIVIDUALS, AND THAT THE ARTICLES THAT DID BELONG TO ME WERE WITHIN THE CODE OF FEDERAL REGULATIONS AND THE PERMIT AND THE PROBATION CONDITIONS IN MY PERMIT I BELIEVE THAT IT STATES IT VERY WELL TO SHOW THAT I AM NOT USING THE PARK LAND FOR LIVING ACCOMMODATIONS, BECAUSE I LEAVE THE PARK AREA TO WASH LAUNDER MY CLOTHES PREPARE FOOD, STORE PERSONAL PROPERTY, AND PERFORM ALL ALIMENTARY AND OTHER BIOLOGICAL BODILY FUNCTIONS.

THE COURT: DID YOU SAY YOUR PERMIT ALLOWS YOU TO DO ALL OF THAT?

MR. SEMPLE: EXCUSE ME?

THE COURT: DID YOU SAY YOUR PERMIT ALLOWS YOU TO DO THAT? MR. SEMPLE: NO. MY PERMIT IN MY PERMIT I SPECIFY THAT I DO LEAVE THE PARK

THE COURT: OH, I SEE.

MR SEMPLE: - TO DO THESE THINGS THE COURT: ALL RIGHT.

MR. SEMPLE MY INTENTIONS HAVE NEVER BEEN TO USE THE PARK LAND FOR LIVING ACCOMMODATIONS. I CONSIDER THE UNIVERSE

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TO BE MY HOME. I AM NOT TRYING TO BREAK THE LAWS OR DISREGARD THE LAWS OF THE UNITED STATES OR OFFEND THE GOVERNMENT OR

THE COURT. I HAVE BEEN TRYING TO FOLLOW THE CONDITIONS OF PROBATION TO THE BEST OF MY ABILITY, AND THE CODE OF FEDERAL REGULATIONS TO THE BEST OF MY ABILITY, 36 CRF 7.96.

I CAN'T DENY MY NEIGHBOR. IF SOMEONE GIVES ME A BLANKET, IT IS MY RESPONSIBILITY TO PASS IT OUT, AND THE SAME WITH FOOD, AND THE SAME WITH LITERATURE AND ANY KNOWLEDGE.

THE COURT: OF COURSE, YOUR PERMIT DOES NOT INCLUDE RUNNING A SOUP KITCHEN IN THERE.

MR. SEMPLE: RUNNING A soup KITCHEN?

THE COURT: THAT IS, FEEDING OTHER PEOPLE.

MR. SEMPLE: OH, NO. I WOULD NEVER PREPARE FOOD THE PARK.

THE COURT: BUT YOU ARE DISTRIBUTING IT.

MR. SEMPLE: ONLY FOOD THAT'S BEEN BROUGHT TO THE PARK.

THE COURT: WHATEVER, YOU ARE D I DISSTRIBUTION I BUT I I 10001

MR. SEMPLE: YES

THE COURT: BUT YOU ARE NOT CHARGED WITH I THE THAT.

MR. SEMPLE: NO, AND I DON'T BELIEVE THAT THAT IS. PART OF THE CAMPING REGULATION.

THE COURT: ALL RIGHT.

MR. SEMPLE: THEREFORE, I MOVE TO ASK THE COURT FOR

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A JUDGMENT OF ACQUITTAL UNDER THESE ARGUMENTS. THE COURT: ALL RIGHT. DO YOU WISH TO REBUT, MR. FINNEGAN ?

MR. FINNEGAN: NO, YOUR HONOR.

THE COURT: I AM GOING TO TAKE THIS UNDER ADVISEMENT I AND I WILL GIVE YOU A WRITTEN VERDICT.

MR. SEMPLE, YOU REMAIN AT LARGE ON YOUR OWN RECOGNI ZANCE. THERE WILL BE ANOTHER HEARING IN THIS CASE. I THINK I OUGHT TO SET IT NOW, AND THEN YOU WILL KNOW TO BE HERE. TO MR. FINNEGAN, WOULD IT BE COMFORTABLE WITH YOUR DOCKET TO REVISIT THIS MATTER AT 9:00 O'CLOCK ON WEDNESDAY, NOVEMBER 30TH?

MR. FINNEGAN: YES, SIR. ,

THE COURT: MR. SEMPLE, ARE YOU AVAILABLE ON NOVEMBER 30TH?

MR. SEMPLE: NOVEMBER 30TH?

THE COURT: YES,

MR. SEMPLE: YES, SIR.

THE COURT: THAT'S A WEDNESDAY. YOU UNDERSTAND YOU HAVE A DUTY TO BE HERE AT THAT TIME

MR. SEMPLE: YES, SIR.

THE COURT: AND THE CONSEQUENCES IF you DON'T APPEAR?

MR. SEMPLE AND I WILL BE HERE.

THE COURT: THANK you, LADIES AND GENTLEMEN.

MR. SEMPLE: THANK YOU, YOUR HONOR.

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MR. FINNEGAN: THANK YOU, YOUR HONOR.
(WHEREUPON, AT 3:37 O'CLOCK P. M., THE COURT ADJOURNED THIS MATTER.)

REPORTER'S CERTIFICATE

I, THOMAS DOURIAN, CERTIFY THAT THE FOREGOING IS THE States OFFICIAL TRANSCRIPT OF THE PROCEEDINGS IN THE ABOVE-ENTITLED MATTER; AND THAT IT IS COMPLETE AND ACCURATE, TO THE BEST OF 10 MY KNOWLEDGE AND ABILITY. (SIGNED)
OFFICIAL REPORTER

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INDEX

INDEX
WITNESSES FOR THE GOVERNMENT DIRECT CROSS REDIRECT RECROSS
KEVIN BRIAN FORNSHILL 11 23 34 39
WITNESSES FOR THE DEFENDANT: . . . .
ERIC CHRIST 45 . . .
STEPHEN SEMPLE,
A/K/A SUNRISE HARMONY
51 59 66 67

INDEX
EXHIBITS FOR IDENT. IN EVIDENCE
DEFENDANT'S 1 26 69
GOVERNMENT'S 1-A THROUGH 1-W,2 . 44
DEFENDANT'S 2, 3 53 69
DEFENDANT'S 4 56 69

LEGAL CASES

Compliments of Proposition One Committee