UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

MARY HUDDLE and
 PHILIP JOSEPH, et. al.,
                Plaintiffs, Pro Se

         versus                         CA 88-3130-JHG
                                     Judge Joyce Hens Green
RONALD WILSON REAGAN, et. al.,
                Defendants.

DECLARATION OF STACEY DAVIS

I, Stacey Davis, hereby declare under penalty of perjury that the folliwng is true and correct to the best of my knowledge and recollection:

1. I, Stacey Davis, a vigiler at Peace Park, on October 30, 1989 did overhear and later join the argument between Nakita (Jeffrey Brown) and Officer Marsh.

2. The officer was telling Nakita that he must take off the plastic he had over himself and his literature, to protect him from the rain. Marsh stated, "How will I know what you're doing under that plastic?"

3. Nakita said, to the effect, that the law allows for covering with plastic during inclement weather. At that point I felt the conversation would end with an apology from Officer Marsh and a "have a good night" from Nakita.

4. However, as the officer continued his objection to Nakita's plastic, they were joined by Michael Cronin, Rick Hartshorn, and Joseph Vigorito, concerned vigilers.

5. Michael stated that the regulation was in violation of a citizen's rights as granted under the Constitution, and as he began to speak of those Constitutional rights, Officer Marsh told Michael "not to talk to him about that."

1

6. Michael and the other vigilers continued to explain their cause and rights to peaceful assembly granted under the amendments to the Constitution.

7. It was then that I heard Officer Marsh say to Michael, "When I'm in this park, you will do what I tell you to do." He was pointing his finger in Michael's face.

8. I feel it is important to point out that at this time I was still at my demonstration site, which is approximately 20 feet away from where the argument was taking place.

9. Officer Marsh was becoming very loud and, at one point, threateningly so. Soon after that, I heard him say, again in quite a loud tone, "I'll just quit my job, take off this badge, and kick off on yo' ass."

10. I might also add that, from where I was seated, his voice was the only one clearly audible

11. I entered the argument after Officer Marsh got back on his bike, while Michael and the others still continued to try and reason with him. He just sat there and laughed, as if the fact that he did not understand the concept of "certain inalienable rights" was humorous.

12. I told him he was not the one who should be laughing. We demonstrators, here at the vigil for peace, do not find it even slightly amusing that every day and every night we are threatened by the ignorance of the people who are sworn to uphold the Constitution, which was designed to protect us.

2

13. He finally left, saying he could look under the plastic if he wished. No real agreement was reached. Marsh would not compromise, except to agree that the plastic could cover an individual to avoid inclement weather, but that if he rode by and called out to an individual who was under plastic they should show themselves as being neither sleeping, suffocating, or conducting any other act that would be "in violation of 36 CFR
7.96."

14. At exactly midnight and on until about 5:00 AM of November 10, 1989, I was witness to and victim of the continuing harassment and actions of one Officer Dahl, another Park Police officer. Officer Dahl was arguing with Nakita about the plastic which he had over him only up to his shoulders.

15. This argument was soon joined by Joseph Vigorito and Michael Cronin in support of Nakita's argument.

16. Officer Dahl had tried to rip the plastic off of Nakita, giving no reason other than he didn't "want it there." Soon, reaching no agreement and giving no reasons to justify his actions, Dahl stormed off on foot.

17. Not very long after that a shouting match began between Dahl and Nakita. Dahl was now standing a little more than halfway down the block yelling "FUCK YOU, PUSSY" and Nakita was yelling back, "Come back down here, Dahl." Two apparently drunk guys seemed to be amused at this shouting match and they started yelling, "Yeah, F*** you, you pussy!"

18. Dahl did nothing to discourage them so they walked down past Dahl and started threatening Nakita and Michael. I asked who they were and the man who said "I'll kick your ass" to Nakita then turned to me and said, "I'm a police officer, ma'am."

19. I had no reason not to believe him, because Dahl is a police officer and these two drunk men were talking and behaving just as Dahl was.

3

20. About half an hour later, my attention was again directed to Nakita's site where Officer Dahl and another officer who refused to give his name were once again harassing Nakita. What caught my attention first this time was that Dahl was yelling at Nakita, "I don't give a shit about you and your f***ing demonstration. The only reason you're out here is because you're too f***ing lazy to get a job' you bum!"

21. Nakita started to say something back, using a few curse words of his own! when the officer who refused to identify himself threatened Nakita with arrest for using vulgarity. They
soon started to walk away, still not reaching any sort of agreement with Nakita, and as they passed by my demonstration site I said to Officer Dahl, "The only reason your officer friend could even arrest Nakita for vulgarity is because he has the nerve to say it to your face, unlike you, who has to yell obscenities from half a block away!" He only replied with, "No, ma'am, I don't think so" and "That's just your opinion" and "You're lying, you little smartmouth."

22. Michael followed them down the block and then came back. We settled down for a while.

23. One more time, at about 4:30 or 5:00 that morning, Dahl returned, kicking on the back of the sign and laughing and saying he didn't kick the sign. He leaned over the top, leering down and saying, "Well, now, don't we look like the cozy little couple." I looked up at him once and then ignored him, as he was trying to get my attention by saying, "Ma'am, what is your name?"

4

24. Michael told him that he asked me that the last time he was on duty, so it must be on his books. But Dahl said he know that, but he didn't have his record with him. So he kept asking and asked if I was all right. I was ignoring him because the lecherous stares he directs at me make me sick. Michael told him I was all right. Dahl kept saying, "But I want to hear it from her." Finally Dahl left.

25. Although Dahl was rude and abusively threatening to other vigilers he came in contact with that night, he seemed to hold a special look and attitude toward me that seemed both lecherous and possessive. Even when he talked to other people, he would look at me, even when I'm not saying anything at all.

26. Joe Vigorito walked behind Dahl as he left and Dahl turned around and told Joe that he hadn't given him permission to follow him, and that Joe had "better stop following" him. But finally Dahl left, as promised Joe "escorted" Dahl through the vigil, and no more trouble was started that early morning.

Under penalty of perjury,

//s// Stacey P. Davis
Stacy Davis
P.O.Box 27217
Washington, D.C. 20038

5