v.                    Civil Action No. 99-330 (GK)



1. My name is Frank Wall. I am over the age of 18 and competent to give the following declaration under penalty of perjury.

2. On the afternoon of November 4, l 996, I was present in Lafayette Park, Washington, D.C., on the north side of Pennsylvania Avenue across from the White House, in the vicinity of Mr. Thomas's Proposition One protest vigil site.

3. At approximately 3:00 p.m. on November 4, 1996, I saw a news crew consisting of a man with a shoulder?held camera and woman with a microphone speaking to Mr. Thomas. The news crew did not have a tripod. l saw a U.S. Park Police officer, identified to me later as Officer Lombardi, go over and talk to Mr. Thomas and the news crew. Although I could not hear their specific conversation, I understood they were talking about whether or not the news crew could conduct the interview. I moved closer to hear what was happening and heard Mr. Thomas tell an officer to "take a walk" or words to that effect. and to let the crew do their interview.

4. During the interview, I moved farther away and stood talking to another person.

5. After the interview was over, l saw Mr. Thomas return to his vigil signs and sit down. He sat quietly reading the newspaper. About 10-15 minutes later. I saw Ofc. Lombardi walk up to Mr. Thomas. kick a folder of papers, and ask Mr. Thomas if the papers were his. Mr. Thomas

Plaintiff's Exhibit A
Thomas v. Lombardi ( 99-0330)


did not raise his voice or appear agitated. I moved a little closer in order to hear what was happening and heard the officer order Mr. Thomas to leave the park.

6. Mr. Thomas got on his bicycle and rode away from the officer, then rode toward me and stopped to ask me about a document I was interested in. Then Officer Lombardi, charging like a bull, came toward us and yelled at Mr. Thomas, "I told you to get out of the park. " Of c. Lombardi grabbed Mr. Thomas and yanked him off of his bicycle, causing the cup of hot chocolate in Mr. Thomas's hand to spill on me. Another officer came up and told me to get out of the way. I moved over a few steps The officers arrested Mr. Thomas, who remained calm during the arrest. As the arrest occurred, some people gathered around to watch.

7. The flow of people in Lafayette Park in the vicinity of these events was normal. No crowd gathered in the vicinity of Mr. Thomas at any time during these events, except that some people gathered around when the arrest occurred.

8. At no time during these events did I see or hear Mr. Thomas do anything to provoke any officer. He did not raise his voice or create any kind of disturbance. The only disturbance I observed was created by the officer's own conduct.

9. Based on my observations of the events on November 4. 1996, I characterize the incident as an instance of police harassment against Mr. Thomas.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at Washington, D.C. on September l, 2000.

(signed) Frank Wall
Frank Wall