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PEOPLE of the
STATE of ILLINOIS V. MARK BUNKER
PRE-TRIAL HEARING TRANSCRIPTS
November 17, 2000
STATE OF ILLINOIS
COUNTY OF C0OK
IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DRPARTMENT MUNICIPAL DIVISION
THE PEOPLE OF THE
STATE OF ILLINOIS
Plaintiff,
Case No.00 217168
vs.
BRANCH 46
MARK BUNKER,
Defendant
EXCERPTED REPORT OF PROCEEDINGS
BE IT REMEMBERED that the above-entitled atter came on for Hearing before the
HONORABLE WILLIAM P. O' MALLEY, Judge of said Court, on the 17th day of November, A.D. , 2000.
APPEARANCES :
HONORABLE RICHARD A. DEVINE,
State's Attorney of Cook County, by
MS. CHERYL WRONKIEWICZ ,
Assistant State's Attorney,
Appeared for the People;
MS. JULIE B. AIMEN and
MR. DENIS DE VLAMING
Appeared for the Defendant.
KHALIDAN M. KALI, CSR
Official Court Reporter ,
License No. 084-1698
69 ,West Washington Street, #900
Chicago, Illinois 60602
INDEX
WITNESSESS PAGE
DR. WILLIAM ZIZIC
Direct Examination by Ms. Aimen 3
Cross Examination by Ms. Wronkiewicz 9
Redirect Examination by Ms. Aimen 17
Recross Examination by Ms. Wronkiewicz 18
MR. MARK BUNKER
Direct Examination by Mr. De Vlaming 19
Cross Examination by Ms. Wronkiewicz 31
Redirect Examination by Mr. De Vlaming 42
OFFICER BLASE FORIA
Direct Examination by Ms. Wronkiewicz 45
Cross Examination by Ms. Aimen 55
Redirect Examination by Ms. Wronkiewicz 64
OFFICER CATHERINE CUDDY
Direct Examination by Ms. Wronkiewicz 66
Cross Examination by Ms. Aimen 72
THE CLERK: Mark Bunker.
MS. AIMEN: Julie B. A-i-m-e-n, on behalf of Mark Bunker, who is present
Also present is my co-Counsel, Denis DeVlaming, D-e-v-l-a-m-i-n-g .
Ms.WRONKIEWICZ: Before we begin, the State had previously filed a Motion to Strike the
Defendant's Motion to Dismiss.
I know that you have read it. The State would just rest on what's included in their
Motion to Strike the Defendant's Motion to Dismiss
THE COURT: The State's Motion to Strike Defendant's Motion is denied.
Will one 0f you prepare an order?
MS. AIMEN: Sure.
THE COURT: Now, let's continue.
Your Motion to Dismiss, does either side have anythinq they want to argue, or do
you just want to put on evidence?
MS. AIMEN: On behalf of Mr. Bunker, we are prepared to present. evidence to the Court.
THE COURT: Okay. The Defendant's Motion to Dismiss, or in the alternative, to Strike
Testimony
MS. AIMEN: That's correct.
MS. WRONKIEWICZ: We have filed a response, and we would just rest.
MS. AIMEN: At this time, we have a Motion to Exclude all witnesses.
MS. WRONKIEWICZ: The State would join in that motion.
THE COURT: Please swear in anybody who thinks they might be testifying.
(witnesses duly sworn.)
DR. WILLIAM ZIZIC,
called as a witness On behalf of the Defendant herein, after having been first duly sworn, was
examined and testified as follows:
DIRECT EXAMINATION
BY
MR. DE VLAMING :
Q State your name, please?
A My name is Dr. William Z-i-z-i-c. I live in Chicago, Illinois.
Q What are you a doctor of?
A Dentistry.
Q Dr. Zizic, back on January 25th of 2000, did, you have an occasion on that date to meet with
a man named Mark Bunker, the Defendant in this action?
A Yes, I did.
Q Earlier on that date, did you have occasion to be in his presence when Mr. Bunker had with
him what appeared to be a video camera?
A Yes.
Q And, did you watch him load that video camera with any cassette or film?
A Yes, he did.
Q Did you actually see him put film in the camera?
A I actually saw him put it in the camera.
Q Did he video any tape of you and your wife?
A Yes he did. He had an interview with us over an hour.
Q Did he affix to you some device that allowed your voice to be picked up and transmitted to
his camera?
A It was a little microphone on my tie.
Q That was a cordless mike?
A Yes.
Q Did you go with Mr. Bunker with his camera to 3011 North Lincoln Avenue, in Chicago?
A yes, I did.
Q And, is that the location of the; Church of Scientology?
A Yes,I did.
Q The purpose of going there was what?
A We invited him to go there with us to film an interview, so we could get our money back
at the Church of Scientology.
Q You were going to get an application to get about $100,000 back from the Church of
Scientology for monies you had given them?
A yes.
Q And, Mr. Bunker had agreed to help with that endeavor with you and your wife?
A Yes, sir.
Q As you came up to the building of Scientology, who was first, second, and third, or were you
all together?
A I was in front, and I was walking up to the door, and my wife was behind me, and Mark Bunker
was ten to fifteen feet behind them, and he was filming.
Q And, what was the purpose when you going up to the Church of Scientology, what were you going
there for?
A We were going together at 7:30 p.m., and we were asking them for permission for Mr. Bunker
to videotape the interview.
Q Did you have to open the door to the Church of Scientoloqy?
MS. WRONKIEWICZ: This is beyond the scope of these hearings.
THE WITNESS: I walked up to the door and I opened the door.
MR. DEVLAMING: Q Did you qo to the building?
A I (entered on the carpeting, and I turned around because there was a commotion on the
sidewalk, and I saw these two men attacking Mr. Bunker.
WRONKIEWICZ: Objection to the characterization.
THE COURT: Overruled.
MR. DE VLAMING: Q Where was Mr. Bunker at the time these men came up to him?
A On the public sidewalk.
Q Were the men clothed in any type of police uniform?
A No, they were not.
Q Did they have any badges on?
A. NO, they did not.
Q And, what did you see, in relation to the camera that Mr. Bunker had when he was in the
presence of those two men?
A The cell phone dropped out of his pocket, and my wife picked that up, and they were trying
to handcuff him, so he took the camera and he sat it down on the ground next to his right foot.
I was standing on his riqht side.
Q What did you do?
A I reached down and picked up the camera, and the light was sti1l on the camera and the camera
was still filming, and I continued to film.
MS. WRONKIEWICZ: Objection to continuing to film.
THE COURT: Overruled.
MR. DE VLAMING: Q You said that the light was still on. What do you mean?
A There was a red light on. When the cassette is in the camera, the camera is operating
MS. WRONKIEWICZ: I am going to object to him testifying as an expert.
THE COURT: Overruled.
MR. DE VLAMING Q Did you actually see this red light on?
A I sure did.
Q And, it was in your custody when the light was on ?
A The light was on, and it was filming these officers.
Q Did you aim the camera towards the individual that were arresting Mr. Bunker?
A Yes.
Q And, do you believe that the tape would have shown were the officers and Mr. Bunker were on
the sidewalk at the time?
A Absolutely. Yes.
Q When did that camera leave your person?
A The shorter of the two policemen took the camera from me. He said, "Give me the camera."
I said, "What are you going do with that?" He said, "I will take it."
Q Did the shorter of the two officers take the camera?
A Yes.
Q Was the red light on when he took the camera?
A The light was still on.
Q What did you see happen to the camera next?
A He took the camera, and I was trying to turn off the light, and I was turning in the camera,
looking at it to turn the camera off.
Q When was the last time you saw the camera?
A lady officer walked up with him, and they walked up with they walked up with the camera. I
saw the lady officer carrying the camera and put it in the front seat of the police vehicle.
MR. DE VLAMING: No further questions.
TH~ COURT; State?
Cross.
CROSS EXAMINATION
BY
MS. WRONKIEWICZ:
Q What time was this interview that you had with Mr. Bunker, prior to going to the Church of
Scientology7
A 7:30.
Q What time was the interview that interviewed you and your wife?
A That was ,at 4:00 o'clock in the afternoon.
Q Now, you testified you had not called the Church of Scientology to ask their permission to
bring Mr. Bunker, is that correct?
A That's right.
Q But, you had arranged this meeting at the Church of Scientology prior to arriving, correct?
A That's right.
Q Sir, since it's true that when you arrived at the Church of Scientology, you were there with
your wife and Mr. Bunker correct?
A. That's correct
Q And, at some point, you saw Mr. Bunker placed under arrest, is that correct?
A. That's correct
Q And, Mr. Bunker was trying to use his cell phone while being placed under arrest, correct?
A I did not see that I know it fell out of his pocket .
Q In addition, while the defendant was being placed under arrest, his video camera actually
fell to the ground, correct?
A No, that is not correct.
Q Sir, in addition to yourself, Mr. Bunker, and your wife, there were other individuals around
in front of the Church of Scientology, correct? .
A Yes.
Q And, there were about five or ten people outside the Church of Scientology correct?
A I believe so, yes
Q When Mr. Bunker was being placed under arrest, you and your wife, you were present when your
wife was speaking to these officers, correct?
MS. AIMEN: You said that when Mr. Bunker was being placed under arrest you were having a
conversation with the officer?
THE WITTNESS: yes.
MS. KRONKIEWICZ: Q Your wife was screaming at the officer, correct?
MS. AIMEN: Objection.
THE COURT: Overuled.
THE WITNESS: She had shown no ID .
MS. KRONKIEWICZ: Q Her voice was raised when she was asking to see the identification?
A Yes .
Q In fact, she was saying that she did not believe they were police officers, is that correct?
A True.
Q At the same time, Mr. Bunker was placed under arrest, right?
A Yes
Q In addition, there is a bar located across the street from the Church of Scientology?
A I think so.
Q Several patrons from the bar came out onto the scene, correct?
A I did not see anybody from tbe bar.
Q In addition to the two police officers that were there, a single female officer arrived in a
squad car, correct?
A Yes.
Q In addition to the
officers, there were at least one of two more squads that arrived on
the scene?
A That's right.
Q Would it be fair to describe this as a
chaotic night?
A
No.
Q While the
Defendant was being placed under arrest, the Defendant's wife as
screaming at the officer. "where is my
video camera? Where is my video camera?" correct?
A I did not hear that,
no.
Q In fact, one
of your officers, the shorter one, came up to you that you must give
over the defendant's video camera,
correct?
A He said
"Give me the camera."
Q He also told you that that's because Mr.
Bunker was being placed under arrest and his property, correct?
A He said that was his property. Mr. Bunker
"What are you going to do with it" and the police officer said, "Take it to the station."
Q And, you would not
give that officer the video camera, correct?
A That's not true. I
gave him the camera.
Q Initially, you would not qive it to him,
correct?
MS AIMEN:
Objection to the term "initially"
THE COURT: Sustained.
MS WRONKIEWICZ: Q You
did not just hand over the video camer to the officer?
A I had the camera in
my hand. He said, "Give me the camera. I said, "What are you going
to do with it? And, he said, take it to the
station." And, I let him have it.
Q You saw that police off1cer hand that video
camera to another police officer, and it was immediately placed in a police vehicle?
A When I saw her walk
with the camera in her right hand and then put the camera in the vehicle.
Q At some point, the video camera was on the
ground, correct?
A
It was set on the ground for a second.
Q While the camera was on the ground, the
people frome the Church of Scientology had access to it?
A I don't think so. It was right at my feet,
between myself and Mr. Bunker. ound for a
second.
MR. DE
VLAMING: Indicating, for the record, he is pointing to the ground to
the space between bimself and Mr. Bunker as
he stands in the courtroom.
MS. WRONXIEWICZ: Q One of the officers who
arrived on the scene was a short female officer with brown hair, who you had met two weeks
before, correct?
A
Yes.
Q Two weeks
before, you had a conversation with her, correct?
A Yes.
Q And, she also told
you that she could not come to the Church of Scientology without
makinq an appointment?
A We made an
appointment, yes.
Q Is that why she had told you to make an
appointment?
A
Yes.
Q One of the
officers who placed Mr. Bunker under arrest, he was also present on
the scene when you were talking to this
officer, correct?
A Yes .
Q Did you tell the officer that you had called
the police before you had even come to the Church of Scientology?
A Yes.
Q At some point, did
the officers show their badges? Correct?
MS AIMEN: Objection,
as to which officer.
THE COURT; Sustained.
MS. WRONKIEWICZ: Q The
two officers that placed Mr. Bunker under arrest did show you some
badges, correct?
A I saw no badges .
Q Well, sir, did
you hear your wife yelling, "Those are not real badges those are
fake badges"?
A I
know that one officer presented her a card .
MS. AIMEN: I would
object that she said she saw no badqe
THE COURT: Overruled.
MS. WRONKIEWICZ: Q So,
the officer handed your wife some type of idenitification, correct?
A Yes
Q Your wife was
questioning the identification that she had been handed by the
officer?
A Yes.
Q Sir, it is your
testimony that you had possession of Mr. Bunker's video camera the
whole time he was being placed under
arrest, correct?
A
No.
Q But, you did
have the Defendant's video camera in your possession when the police
were looking for it, correct?
A I sat it down on the
ground, and I was being handcuffed. I put the camera down, and he
picked it up.
Q So, you did not have the Defendant's camera
in your possession, correct?
A For fifteen seconds, yes.
Q This microphone that
had been used on you earlier for in interview, were you wearing this
microphone when you arrived at the Church
of Scientology?
A
No.
Q Did your
wife have this microphone on when she you arrived at the Church of
Scientology?
A Not
to my knowledge.
Q
Did you have a type of interview that you and your wife did as you
are having here in court today?
A No.
Q Do you know how many
hours of videotape Mr. -- first of all, from the time that Mr.
Bunker interviewed you and your wife
earlier in the day, did you ever ask --
Judge, I have to strike that for a second.
The interview that you
and your wife gave to Mr. Bunker, you testified that that lasted an hour, correct?
A That's correct .
Q Do you have any personal knowledge of how
many hours of videotape that videotape could hold?
A No.
Q And what time did
you say that videotape was?
A It was in thc afternoon, at 4:00 o'clock.
Q You never saw Mr.
Bunker load the videotape with the video camera prior to going to
the Church of Scientology at 7:30, did you?
A No.
MS. WRONKIEWICZ~ I
have nothing further, Judge.
REDIRECT EXAMINATION
BY MR. DE VLAMING:
Q The purpose of bringing the tape to the
Church of scientology was what?
A To interview us outside the church on the
front sidewalk.
Q
And, when you picked the camera up, did there appear to be any
damage to the camera, as if it had been
dropped?
A No.
Q When the Officer had
the camera in his hand, looking for the light, whether be even found
the off button in your presence urn the
light off --
MS.
KRONKIEWICZ: Objection .
THE COURT: Overrule.
THE WITNESS: I did not
see him turn off the light.
MR. DE VLAMING: Thank you.
RECROSS EXAMIINATION
BY MS.
WRONKIEWICZ:
Q You
are not an expert in the use of video cameras, correct?
A That's correct.
MS. WRONKIEWICZ: I
have nothing further
THE COURT:Anything else?
MR. DE VLAMING:
Nothing of this witness.
The only other witness we would be calling is
Mr. Bunker.
(Witness excused.)
MR. BUNKER,
the Defendant herein, called as a witness in
his own behalf, after having been first duly sworn, was examined and testified as follows:
DIRECT EXAXINATION BY MR. DE VLAMING:
Q State your name, for
the record?
A Mark
Bunker, B-u-n-k-e-r.
Q You are the Defendant in this matter?
A Yes.
Q Mr. Bunker, let me
cut to the chase, and bring you right to the matter at hand.
January 25th, 2000,
did you have in your possession on that date in the City of Chicago,
a video camera?
A Yes.
Q Did you bring that video camera with you
today, to be able to answer certain questions concerning its use to this Court?
A Yes.
Q The Court has given
permission for the camera to be in this courtroom.
Do you hava a separate
cassette that operates in the camera?
Q Was this the same camera used on January
25tj, 2000?
A Yes.
Q Has it in any
way been repaired, or in any way altered, sine January 25th, 2000?
A Not at all.
MR. DE VLAMING: Judge,
if we could also --I dont want to introduce this into evidence. Could we have a demonstration at this time to
the Court?
THE
COURT: Sure.
MR.
DE VLAMING: Q Mr. Bunker, if you could just load that camera,
please?
As you do,
just show the Judge and the Prosecutor how it is loaded, and and go
ahead and drop the cassette in there.
A This is a Sony DSR
200 Digital Camera. This is professional digital camera that would
be used in news gathering.
There is a little door
here on the side of the camera, and this is a digital video tape, and you just put the tape in there. It feeds in
.
MR. DE VLAMING:
Indicating, for the record, that he is placing the tape into the
slot where the door opens.
THE COURT: Right. T HE WITNESS: Closing
the door, and the camera is now loaded with the tape, and ready to
shoot. There is power, but -- MR. DEVLAMING: Q On the side, to turn the the
power --the power is now on? A Yes; . Q If you please, I would like for you to show
the Court, show it recording? A Yes. There
is some little meters going. Is that the
voice?
A There is
a LED disc play on the side of the camera which gives you the time
code. You can view how much of the tape has
been used in either hours or minutes, or you could have it in professional time code, and then there are
little meters that show you both the left and the right audio signals . Q Turning it around, just show the Judge what
button you need to push on? A The red
button is on. Here is the on and off. Q On
the camera there was an area that you would put your hand under a
strap right next to that. You would use your
thumb to press the right button? A Correct.
Q Do this. Put the camera this way, but do
not point it at the judge. But, there will be a red light that comes on. There will be a red light that comes up once
you hit the record button, where the red light goes on, so the Judge will be able to see
right underneath the word "Sony" in the front?
A Yes. Q You have the lens cover on this? A Right Q So, if you
were to put it on, nothing would be recording in this courtroom? A Sure MR. DE VLAMING:
May he put the camera on? THE COURT:
Sure. MR. DE VLAMING: For the record, right
under the word "Sony", it looks like about a half- inch red light that is now illuminated. Is the camere taping right now? A It is video-recording ut this moment. Q And video is on? A
Yes. The audio is recording. There is no video image. It is just
blank, because of the lens. Q Because of
the lens being covered. How do you turn it off? A Same way; push the red button. Q Turn it off. What I
would like for you to do is to eject the cassette from the machine.
Show the Judge how it is ejected, and then
push the red button. The same way you put
the tape in, you bring it out right next to the door. On the top here, there is a little word written ca11ed
"Eject" . You open up the door, and there is a button right by the "Eject" where you push
that. It takes a few seconds for the tape to unwind from the mechanism inside, and then it pops up.
Q Take the tape up
and go alonq and lift it up. Is the camera capable of turning on
without a cassette? A No. Q Push the red
button. Did you push the red button?
A I did Q Hold the red
button. The red light cannot come on without the a cassette tape? A. Absolutely. Q How
long does a tape last?
A I think it is a two-hour and forty-minute
tape.
Q Was that
the same -- like the tape that was just on January 25th?
A It was a Sony ME1.
It's a Sony DVCam 180 lamp (ph. sp.) tape, meaning it's two hours
and forty minutes long.
Q Did you conduct an
interview of this session on January 25th, 2000.
A I did.
Q Do you know about
how much tape you had used on those interviews?
A I interviewed Bill a
little bit in his office. I would say maybe twenty minutes.
Around 4:00, we got back to the Zizic's
home, and both Barbara and Bill Zizic were interviewed by me in their living room, on their sofa. We spent
about an hour getting some of their story. Q
About how much tape was left when you went to the Church of
Scientology on the 25th? A It would have
been another hour and a half. Q You had
removed the tape before putting it in front of Dr. Zizic? A No. Q When you walked
up to the Church of Scientology on that date, what were you
intentions? A We had discussed this in
advance. We had discussed it also with my employers down in
Florida. We were going to go there to the
Church Org. They called the Church Org. I
was going to do a brief interview with the Zizics Prior to them
going into the building, they had set up
this meeting -- MS WRONKIEWICZ: I am going
to object to the narrative. THE COURT:
Sustained. MR. DE VLAMING: Q The Purpose of
bringing the video camera was to conduct an interview of the Zizics. A Before and
after their meeting. Q Before going into the
church? A Right Q
When you got to the church, who made it to the front door first? A Bill Zizic. Q Who was
behind Bill? A Barbara was next in line,
several feet away from the door and from Bill Zizic, and then I was behind her, with my camera, several feet
behind her. Q Were you in the vestibule of
the Church of Scientology, or on the public sidewalk? A I was on the public sidewalk. Q And, while you were standing there, did you
have the camera up on your shoulder? A Once
we reached the building, prior to that, as we were walking down the
street -- MS WRONKIEWICZ: I am going to
object as it is non-responsive
THE COURT: Overruled. Go ahead.
THE WITNESS: Once we
arrived right in the front of the door, I picked up the camera and
put my hand through the handle and brought
it up to my face, as I would when I am videotaping, and started to roll the tape and interview Barbara
Zizic . I asked her, "So tell me what's happening here toniqht?'" That was as far as we
got into the interview. MR. DE VLAMING: Q
What happened after that statement was made? A As I was saying this, she did not have a
chance to respond, because the two men came and snatched me, and came to either side and
grabbed me. And, the other officer, who I
did not know was an officer at the time, was saying, "Turn off the Camera. Turn off the camera," and
and was very upset about that. Q Where were
you standing, at the time that the officer came up to you? A I was on the sidewalk. Q Did the police automatically arrest you? A Yes. Q What did you
do with the video camera? A At one point,
the smaller statured officer -- I was holding the camera down to my
side with the hand on top of the camera. HE forced my thumb back and forced me to
release my grip. I was not going to drop the camera, so as he was forcing my thumb, I set it
down on the ground.
Q Where was Dr. Zizic at this time? A Dr. Zizic was off to my right, a few feet
away. Q Did you see what happened to the
camera after you put it on the ground? A
The camera remained untouched For maybe thirty seconds, sitting
there kind of aimed, as it is now, away from
the police officers. And shortly after, I dropped the camera. That's
when the smaller officer put handcuffs on
me and arrested me.
While I had my hands cuffed behind me, I saw
the camera sitting there rolling, and I kind of gestured with my eyes to Bill Zizic to
pick up the camera and point it at us, because I thought this should be videotaped, and he
picked up the camera and held it at his side, and tiltled it in our general direction.
Q Could you see if
this red light was on or off? A It was on.
Q Do you know what happened to the video
camera from this position? A It was taken
by the officer from Bill Zizic.
Q Male or female? A My
recollection of it is --I do know that it ended up in the police
officers hands, because I was being put.
into the police car, I was watching him turning the camera around in
his hands, looking for a way to turn the
camera off. It was still running. He then
found the button, and the red light went off.
Q Since we re not
going to introduce the camera into evidence, is there any damage
showing in that camera?
A Normal wear and
tear; no damage from that incident at all.
MS. WRONKIEWICZ
Objection to the word "normal". THE COURT:
Overruled.
MR. DE
VLAMING: It does not show any indication that it has been
dropped?
A No.
Q The next day, did
you go to the Chicago Police Department in order to get your
property back?
A Yes. When I Was taken in and locked up,
everything was taken away, and returned to me when I was released from jail four hours later, except
for the camera. The camera, they said had
to go to a different place because it was expensive. I spent the next day running back and forth to
different locations.
Q Ultimately, did you get your camera? A Ultimately. Q When
you went in to get the camera, what did you do? A Finally at about 5:30 in the afternoon, I
believe, on the following day, the camera was located in the building on Western. An Officer
Cuddy, I believe, was there. She brought it out from lock-up. It was
in a plastic wrap, and I had Oificer Cuddy watch as I opehed up the
protective plastic envelope. I made sure
they were watching. I brought their
attention to the fact that I was going to open it up and see if the
tape was still in there .
Q Did you open it
up?
A I did open it
up in their presence, and the tape was still in there. Q Did you make any inquiry about where your
tape was? A Yes. I was very upset about
that. Officer Cuddy tried to find out what she could. She tried to qet the Watch Commander. We could not locate
the Watch Commander, and ultimately, we could not locate the tape. Q
So the last time that the tape was seen by you was in police custody
following your arrest? A Yes MR. DE VLAMING: That's all I have.
CROSS EXAMINATION BY WRONKIEWICZ: Q Mr. Bunker you said this is the video camera?
A Yes. Q where is the inventory number? A Are you referring to a serial number?
Q Yes.
A It would be down
here.
Q Just for
the record it says, "l0866". Is that 10 or 1D? DSR200A?
A Right. Q Inventory number is 3-704256-01? A That is not the battery. The battery is here.
It's a little latch for some batteries. The batteries to operate the camera, that are
necessary to change, is here Q Mr. Bunker,
you testified that you went to the Church of Scientology so you
could interview the Zizics? A. Correct. Q Yet, you
called the police before you arrived? A
Bill Zizic, that was part of his arrangemants the week before. They
scheduled help to call MS. AIMEN: Judge, I
am going to ask that that question be rephrased. His answer was different than a yes or no. THE COURT; You can, on redirect. Ask another
question.
MS.
WRONKIEWICZ: Q When you were arrested, there were two police
officers, a short one and a taller one,
wearing black jackets?
A There were two that arrested me.
~ Q The two individuals that arrested you, there
were two gentlemen wearing black jackets, a shorter one, and a taller one? A I was not sure they were police officers when
they first appeared until they brought out the cuffs and said, "You are under arrest." Q Mr. Bunker, is no video tape in there now?
A Right. This
video display here on the side, it's 5 jumpinq up and down? A Yes, That's the audio monitor. Q Does that mean that you can listen? It can
tape recorded sounds, even though there is no tape in there? A Not if
there is no tape in there. Q I am just
confused about why this audio display here is going up and down as
we speak, as if it is recording
something. Is it recording something right
now? A Absolutely not. There is a monitor.
That is not a recording device, There is a microphone on the camera. Althouqh there is audio coming into
the camera there is nothing being recorded.
Q Just to clarify the
record, we are speaking about this little area. This is showing that
the audio tape is moving up and down. MS. AIMEN: I will object to the term "audio"
THE COURT: There is no tape in there. MS. WRONKIEWICZ: Q You don't believe that the
two individuals who approached were police officers? A They were
behaving like police. Q Is that a yes, or a
No. A No. Q Because
you did not believe they were police officers, you questioned them
regarding their authority to place you under
arrest? A I asked them who they were. I
wanted to veriFy who they were. Q Is that
a, yes, or no? A Repeat the question,
please. Q As they placed you under arrest,
you questioned their authority to place you under arrest? A Not as they were placing me under arrest,
absolutely not. Q Is it your testimony that
you just responded, "Fine, take me into custody"?
A Yes. When they
pulled up the cuffs and said, "That's it. You are under arrest, I
put out my hand. I did not say it, but I
said, "I am not going to resist the arrest." Q Is it your testimony that as you put out your
hands to be placed under arrest, he brought out the cuffs and said, That's it. You are under
arrest?
A Yes. Q While you were being placed under arrest,
Barbara Zizic was there? A Yes. Q And, she was yelling at the police officers?
A Yes, she was loud . Q And, she was telling the police officers that
she wanted to see their identification, correct..? A We both
were, yes. Q And, the police officer's did,
in fact, show you some identification, correct? A They did not show me but they showed
something to Barbara and she was saying that's not real ID. Q As you were
being placed arrest, there were individuals there from the Church of
Scientology?
A
There were a few people that came out of the building, in addition
to the people who came from the Church of
Scientology. There were individuals that came out from the bar
across the street. My back was to the bar. I
never noticed. Q Well, after you were placed
under arrest, you noticed that there were at least ten or fifteen people on the scene, correct? MS. AIMEN: Relevance. THE COURT: Overruled. THE WITNESS: Largely, police. MS. WRONKIEWICZ: Q Is that a yes, or no? MS. AIMEN: Obviously, the question can't be
with a yes or no. THE COURT: Sustained. MS. WRONKIEWICZ: Q There were several police
officers on the scene, correct? A. Very
many. Q In addition to the police officers,
and people from the Church of Scientology, there were other individuals that were there, that were
not thera when you arrived, correct? A I
was not paying much attention to them, but I saw atleast two or
three people who seemed to be with the
Church of Scientology, who were standing outside their building.
Q Sir, as you were
being placed under arrest, you tried to get your cell phone out and
tell the officers that you were calling your
lawyer, correct?
A
Not at all. This happened before.
Q Is this a yes or no?
A No. Q You did, in fact, drop your cell phone to the
ground? A No. The officer knocked it from
my hand. Q At the same time, you still had
the video camera in your hands, on your shoulder, correct? A Not correct. By that time, the camera had
been forced out of my hand by the smaller officer. Q When you say the word "forced" , you also
testified that that officer actually tried to remove your thumbs from the video camera? A That's how he forced it, yes. Q In fact, that video camera hit the ground?
A No. It was placed on the ground. Q Now, at the same time you were being placed
under arrest Barbara Zizic was yelling at the officers?
MS. AIMEN: Objection; asked and answered
THE COURT: Substained.
MS. WRONKIEWICZ: Q
Now, the officer was speaking to you, telling you that you were
being placed under arrest, correct? MS. AIMEN: Objection; foundation . THE COURT; Overruled. Let him answer. THE WITNESS; The smaller officer. Once he
knocked the phone out of my hand, he said, "That's it." I told him, "Listen"-- I took the cell phone out of my pocket. I said,
"Listen, I am going to call the precinct
and verify that you are police." I got very frightened. They knocked
the phone from my hand and said, "That's
it." MS. WRONKIEWICZ: Objection to the word
"frightened". THE COURT: Stricken. MS. WRONKIEWICZ: Q Are you were trying to
verify that they were police officers, you were not watching the video camera? A It was just a couple steps away from me. Q Is that a yes or no? Were you watching the
video camera? MS. AIMEN: Objection
THE COURT: Overruled.
THE WITNESS: I was
aware of its presence.
MS. WRONKIEWICZ: Q It's your testimony that you
looked at Mr. Zizic, and you gave him some type of a signal to grab the video Camera, correct?
A Yes. Q And, In fact, Mr. Zizic did have the video
camera in his possession, correct? A Yes. Q After Mr. Zizic had the camera in his
possession, you saw a police officer take the video camera from him, correct? A It's my recollection that it was. I know it
was the larger officer who ended up with it. Q It was a male -- the larger officer?
MS AIMEN: Objection.
That was not his testimony. THE COURT:
Sustained MS KRONKIEWICZ: Q You saw that
officer give the video camera to a female police officer, correct? A I saw the
larger police officer turn the camera off, and that was the last I
saw of it. Q You never saw that male police
officer take that videotape out of your camera, yes or no, sir? Did you see him take the videotape out?
MS. AIMEN: Objection.
THE COURT:
Overruled.
MS.
WRONKIEWICZ: Q You were placed into a squad car with a Female
officer with brown hair, correct?
A Yes.
Q And, that was the
same officer that you saw the next day at the police station when
you were trying to get your video camera
back?
A Yes, I
believe that was Officer Cuddy.
Q Where was your video camera when you and
Officcr Cuddy went to the police station and she told you that she would not release your video
camera back to you? You said that the
police officer that inventoried it showed up for work, correct?
A I am not sure. She
had me running around at different locations all day long. I think
that after I came back from the main
lock-up, they told me that they can't give it to me until the officer is there.
Q That officer did arrive about 5:00 or 5:30
that night?
A
Correct.
Q And,
that officer gave you your video camera?
A Correct.
Q And, you were
present when she opened the camera, correct?
A Correct.
Q When she opened the
video camera, there was no videotape in it?
A Correct.
Q Sir, you
demonstrated how you place the videotape in the video camera and
take it out. It take less than five
seconds, correct?
MS. AIMEN: 0bjection.
THE COURT: Sustained.
MS. WRONKIEWICZ: Q
How long does it take to remove a videotape from your video camera?
A It's maddening,
because it's so slow, but it does take about five second.
Q How big is that
video camera that sits in that video camcorder?
A This tape I suppose
it's about the size of a five-by-five index card.
Q So, you actually
pulled that out of your pocket of your suitcoat when you arrived
there that day, correct?
A Yes.
MS. WRONKIEWICZ:
Nothing further.
REDIRECT EXAMINATION BY
MR. DE VLAMING:
Q Mr. Bunker, was it
you or Dr. Zizic who had called the police before you arrived at the
Church of Scientology?
A It was Dr. Zizic, at
the police request.
Q Second question: If you have no corroborative
tape that was made on the day in question, but you were called upon to rely upon the testimony
0f people from the Church of Scientology to
give testimony for you at your trial, would that be impartial in
your opinion?
MS.
WRONKIEWICZ: I am going to object to that, Judge.
THE COURT:
Sustained
MR. DE
VLAMING: That's all.
THE COURT; Anything else?
(Defendant excused.)
MS. WRONKIEWICZ:
The State would ask for a Motion of Directed Finding. The Defendant has not shown that the police
have taken custody of the videotape. In fact, you heard that the Defendant in the case
testified that they went there with his video camere. He is the only one who said he put a videotape
in there.
MS.AlMEN: That not not the testimony.
THE COURT: Sustained.
MS. WRONKIEWICZ:
In addition to that, he testified thut he placed the videotape in
the video camera, and he went to that
location to interview the Zizics. He tells you that prior to getting there, they had made arrangements to
call the police. Now, he tells you that he
goes to the Church of Scientology, and then he is immediately arrested by these police officers; that, he
takes his video camera. He sees them trying to turn the light off, but he never sees him take
the videotape. In fact, he tells you that he
sees the male officer checking his camera to try to turn the light off, but he never sees him take a
videotape out of the camera. In addition,
what does Mr. Zizic tell you? He tells yhou that he had custody of
the Defendant's video camera. In fact, the
defendant corroborates that. He tells you that he told Mr. Zizic, "Grab the camera," while it was
laying on the ground. Judge, at this
juncture, the state would argue that the defendant has not even
proven that the police had custody of the
videotape in this case. All you have before
you is the inventory slip, which is the court file, which shows
that the videotape was inventoried. We will argue that, based on the testimony
presented by the defendant and his witnesses, there is no testimony -- you have no testimony
that the police officer ever had custody of the videotape. If anyone
had custody of the videotape, it would be Mr. Zizic, who readily
admits to you that he picked up the camera
and started -- and had to give it to the officer. Judge, you are familiar with inventory slips.
In fact you know when an officer inventories something he must -- there are
several lines on there, and he must put on each line what's inventoried. For
instance, if there is a gun with bullets, one line would say gun,
the next line would say the bullets. The
next one has another item. All you have is a
slip showing the inventory number, a slip saying that the video
camera was inventoried, but not the tape.
There was no videotape. We are asking for a direct finding.
THE COURT: Your motion
to Strike Defendant's Motion is denied. Let
me make everyone aware, here. It is not unusual for me, but if there
is going to become a question of
credibility, I will put you on notice that I am quite sure that the
Officer Cuddy that you are talking about is
the daughter -- is the older friend of my Detective Cuddy, now since retired. So, the
Court is placing notice to that.
OFFICER BLASE FORIA, Called as a witness herein on behalf of the
People of the State of Illinois, after having been first duly sworn, was examined and
testified as follows:
DIRECT EXAMINATION BY MS. WRONKIEWICZ:
Q Please state your
name, and spell your lastname?
A My name is B-L-A-S-E. The last name is
F-O-R-I-A.
Q Were
you on duty or off duty on January 25th of this year?
A I was off duty.
Q Were you working
alone or with a partner?
A I was working with a partner.
Q What is your
partner's name?
A
Ralph Bonifazi
Q
Did you receive an assignment to go to the Church of Scientology at
3011 North Lincoln, City of Chicago, County
of Cook?
A Yes.
Q Did you make and
arrest on January 25th?
A Yes, we did.
Q Do you see that gentleman here in court today
that you arrested?
A Yes, I do.
Q Please point to him and identify something
that he is wearing?
A He is the man sitting to the right of me.
THE COURT: He has
identified the Defendant.
MS. WRONKIEWICZ: Q Now, when you placed the
Defendant under arrest, did he have anything in his hands?
A Yes, he did.
Q What did he have in his hands?
A He had a videocamera
and a phone.
Q Do
you recognize if this looks like the video camera that the Defendant
had in his hands on the date I just
meantioned?
A I am
not sure that that is the one. I can't remember.
Q Prior to placing the
Defendant under arrest, were you having a converstation with him?
A Yes, I was.
Q Who was present for
this converstation?
A My partner, Ralph Bonifazi.
Q Where was this
converstation taking place?
A In front of hte Church of Scientology, on
Lincoln.
Q Do you
remember what the Defendant was saying to you, and what you were
saying to him?
A He
told me that he was not welcome at the Church of Scientology --
MS. AIMEN: Objection
to the relevance. This is a hearing on the camera as to the warning
of trespass.
THE COURT: Overruled. Let's get the whole
picture out here, so to speak.
THE WITNESS: -- and that they would not be
welcome, and they failed to meet our directives and we had to place them under arrest and into
custody.
MS
WRONKIEWICZ: Q After you placed him into custody, could you tell
what he was doing?
A He was trying to make a phone call.
Q Could you see who he
was trying to call?
A No.
Q While he was trying to make a phone call, did
you see where his video camera was?
A Yes.
Q Tell the Judge what you saw happen to the
video camera?
A AS
we placed him under arrest and cuffed him, the video camera fell out
of his hand and tumbled over in between two
parked cars.
Q
Where were these two parked cars at?
A All in front of the Church of Scientology, on
Lincoln Avenue.
Q
After the video camera tumbled away, what did you do?
A We struggled with
Mr. Bunker.
Q When
you say "we", who are you referring to?
A Ralph Bonifazi and I.
Q What was the
Defendant doing as you were trying to --
A He was trying to make a phone call as we were
trying to cuff him, and he was hiding his wrist in different areas as we were trying to grab
him.
Q Were you
looking at the video while you were trying to arrest him?
A We were moving
away.
Q When you
say you were moving away, where were you moving towards?
A Northbound on
Lincoln
Q After
placing the Defendant under arrest, was the Defendant saying
anything?
A The
Defendant wanted to know why he was being placed under arrest. I
just repeated that he was trespassing, and
gave him fair warning.
Q Did the Defendant ever ask about his video
camera?
A Yes.
Q What, specifically,
did the Defendant say?
MS.AIMEN: Leading.
THE COURT: Overruled.
THE WITNESS: He said,
"Where is my camera? I want my camera." He said that repeatedly,
over and over.
MS.WRONKIEWICZ: Q After the defendant asked you
were his video camera was, what did you do?
A We began, as we do
in most arrests. We got the prisoner --
MS. AIMEN: Objection.
THE COURT:
Overruled.
THE
WITNESS: We looked for his camera.
MS. WRONKIEWICZ: Q How long did you look for
the camera?
A For
several minutes; seven or eight minutes. It was not in the original
place where I last saw it.
Q Now, while you were
looking for this video camera, describe how many people were out on
the scene.
A There is a bar that emptied out. The church
emptied out. I would say it was forty to fifty people around there, plus passersby.
Q After looking for
the Defendant's video camera for seven or eight minutes, did you
finally locate it?
A Yes I did, My
partner did.
Q In
addition to you looking for the video camera, was your partner
looking for it?
A
Yes, he was.
Q Did
you see your partner find the video camera?
A Yes, I did.
Q And, did you see who
had the video camera?
A Yes, I did.
Q Who had the video camera?
A I believe that his
name is Dr. Zizic.
Q Did you see your partner approach Mr. Zizic
to get this video camera?
A Yes.
Q Could you hear what was being said?
A Yes.
Q Tell the Court what
you saw?
A My
partner said --
MS.AIMEN: I am going to object. It's
hearsay.
MS.WRONKIEWICZ: It's a motion, Judge.
THE WITNESS: My
partner said, "Why can't I hold it?" and they were tugging at it.
MS. WRONKIEWICZ: When
you say they were going at it, are you referring to the video
camera?
A Yes.
Q At some point, could
you see who ended up with the video camera?
A Yes.
Q Who ended up with
the video camera?
A
My partner, Ralph Bonifazi
Q Did you see what your partner did with the
video camera?
A
Yes, I did.
Q What
did he do with the video camera?
A He gave it to the sergeant.
Q What was his
name?
A Allen S.
Closs, C-L-O-S-S.
Q
Where was the Defendant at this point?
A He was roughly about ten or fifteen yards out
away from the front of the Church of Scientology.
Q At some point, did you place the Defendant
into the squad car?
A The arresting officer came on the scene, and
yes, they took him to the squad car.
Q Do you know who the arresting officers
were?
A I believe
it was Cuddy and Arnote.
Q Did you see what Cuddy and Arnote did with
the Defendant?
A
She placed him into the squad car.
Q Did you see what you sergeant did with that
video camera?
A
Yes.
Q What did she
do?
A She gave it
to -- I believe it was Cuddy she gave it to.
Q Did you see what
Cuddy did with that video camera?
A She placed it in the squad car, into the
trunk.
Q Did you
ever have custody of that video camera?
A No.
Q Did you ever remove a videotape from that
camera?
A No.
Q Did you see your
partner remove a videotape from that camera?
A No.
Q What about the
sergeant, did you see her?
A No.
Q What about Officer Cuddy?
A No.
Q Now, after placing
the Defendant under arrest, did you have a conversation with Mr.
Zizic?
A Yes, I
did.
Q Who else was
present for that conversation?
A Ralph Bonifazi.
MS. AIMEN: I will Object as to the relevance
after the camera went into the car.
MS. WRONKIEWICZ: Q Tell me what Mr. Zizic said
to you?
A We found
there was a phone call placed to the police prior to the event.
Q While you were
placing the Defendant under arrest -- First of all, did the
Defendant arrive with two individuals?
A Correct.
Q Do you know the name
of those individuals?
A It was Mr. Zizic, and his wife, Mrs.
Zizic.
Q And, at
some point, you identified yourselves as police officers?
A Yes, we did.
Q And What was the
Defendant's -- their response to your identification?
A Mrs. Zizic refused
to -- also, I did produce a badge and show her that I was a police
officer. And, she became very
demonstrative.
MS.
AIMEN: Objection to the narrative. What's the relevance of this?
MS. WRONKIEWICZ: Q How
long did it take you to place the Defendant under arrest?
A From the time that
we --
Q Just from
the time that you told him he was under arresnt until you cuffed
him?
A About a
minute.
Q Did the
Defendant willingly give you his hand when you told him he was under
arrest?
A No.
Q You know the officer
that inventoried the video camera, correct?
A Correct.
MS WRONKIEWICZ: Judge,
I would tender that witness.
THE COURT: Cross.
CROSS EXAMINATION BY MS. AIMEN
Q Officer, how are you
today? You said that you were off duty on
January 25th, 2000 is that correct?
A That's correct.
Q So, this is the second employment?
A That's correct.
Q So, when you
testified earlier that you were assigned to the Chruch of
Scientology, who made that assignment?
MS. WRONKIEWICZ: I
will object to the relevance.
THE COURT: I don't know. I don't see the
relevance, but you brought it out, so objection is overruled. Go ahead.
THE WITNESS: I was
given the job by one of the other police officers.
MS AIMEN: Q Are you
normally given secondary employment by another officer?
A Yes.
Q What police officer
made that assignment?
A Hector Ortiz.
Q Where is Hector Ortiz? What precinct is he
out of?
A 019th
District.
Q When
you work secondary employment, you are not allowed to wear your
police shirt, is that right?
A It depends if you
are working secondary employment for the Chicago Police Department,
or if you are in Housing or the CTA.
Q On January 25th, you
were working on a section in the Chicago Police Department,
right?
A Yes.
Q So, you could not
wear your standard police shirt?
A Right.
Q And, under the rules and regulations of the
Chicago Police Department, you have an obligation, even when you are working secondary employment,
to act as a police officer?
A That's correct.
Q In the rules and regulations, Rule 40
requires you to preserve property, isn't that correct?
A That's right. If you
say so, because I am not sure of --
Q I would like to show you a copy of Rule
40.
MS.
WRONKIEWICZ: I will object.
THE COURT: That's actually the relevance. The
Objection is overruled. You want to let me
see it, fine.
MS.
AIMEN: Q Showing you what I would like to mark as Defendant's
Exhibit 1, for identification.
A Okay.
Q Read that out
load.
A "Failure to
inventory and process recovered property in conformance with
Department orders..."
Q Failure to do that would get you sanctioned,
correct?
MS.
WRONKIEWICZ: Objection; relevance.
THE COURT: Overruled.
THE WITNESS: It was
inventoried.
MS.
AIMEN: Q You did not write an inventory slip on this matter, did
you, Officer?
A No,
I did not.
Q When
you testified that Mr. Bunker's camera tumbled on the ground, I
think you said it tumbled between two parked
cars?
A Right.
Q And, you wrote a
police report in this matter?
A Yes.
Q Showing you what has been marked as
Defendant's Exhibit 2, for identification, and I would ask you whether this is the police report that
you wrote?
A That's
that one I wrote.
Q
In that report, there is no statement that the camera tumbled on the
ground, is there?
A
No.
Q There is no
statement that it tumbled on the ground between two parked cars?
A No.
THE COURT: Actually,
what he said is that the camera fell over and over.
MS. AIMEN: Q It does
not say that in the police report; that it fell over and over on the
ground.
A I did not see the whole report. If you read
the back side, it says, "dropped the camera to the ground".
Q It does not say,
"fell over and over between two parked cars, " correct?
A Correct. It does not
say that.
Q In this
police report, there is nothing about forty people?
THE COURT: It is not
about forty or fifty people congregating on the street; is there?
THE WITNESS: No.
MS AIMEN: And, nowhere
in the supplementary report did you take down the names of any of
those forty or fifty people you saw that
were present on the street, correct?
A Correct.
Q During the time as you approached Mr. Bunker,
the red light of the camera was on, is that correct, Officer?
A I can't recall that.
Q As you approached
Mr. Bunker, isn't it true that you told him, "Turn the camera
off"?
A I don't
remember saying that at all.
Q Do you recall hearing your partner saying,
"Turn off that camera"?
A No.
Q When you approached Mr. Bunker, is it correct
that Mr. Bunker had the camera had the camera held still on his shoulder?
A No, it is not.
Q Where is the camera
in relation to Mr. Bunker as you approached him?
A He was holding it as
you would hold a gallon of milk, to the right side of his thigh.
Q In the police report
that we marked as Defendant's Exhibit No. 2, for identification, you
did not indicate that in your report
anywhere, that Mr. Bunker repeatedly asked you, "Where is my camera? Where is my camera"?
A No.
Q In fact, nowhere in
the report does it indicate that he inquired of you as to where his
camera was?
A In the police report, or the summary?
THE COURT: If you can
answer the question in a yes or no fashion, answer it that way. Ask him another question.
MS. AIMEN: Q Nowhere
in that report, Officer, does it indicate that Mr. Bunker asked you
"Where is my camera?
A That's right. That's
correct.
Q After
you - Let me ask you this: While you were placing Mr. Bunker in
custody, he was on the sidewalk at this
time, isn't that correct?
A Yes.
Q And, you and your partner were having some
kind of dialogue with Mr. Bunker at this moment, correct?
A Correct.
Q And, your attention was focused on Mr.
Bunker, and your effort to take him into custody?
A Correct.
Q During that time,
you did not know how many people were near you on the street, is
that right?
A Not when we were dealing with him.
Q You did not remove a
camera from Dr. Zizic did you?
A No.
Q At any time that Dr. Zizic had the camera, he
was -- you could not tell whether the red light was on or off of the camera, is that
correct?
A No, I
could not tell that.
Q In fact, Officer did you notice that you
could see a red light on the camera when it was filming?
A Yes, I know that.
Q At the time that you and your partner started
to look for the camera, you indicated that Mr. Bunker was ten or twelve yards away, is
that correct?
A
From the front door.
Q Who was standing with Mr. Bunker when he was
in custody while you were looking for the camera?
A Police officers that came on the scene.
Q Do you recall which
officers?
A No.
There were many of them.
Q When you approached Mr. Bunker initially to
tell him that he was trespassing, where was he, Officer?
A He was at the door of the Church of
Scientology.
Q When
you say he was at the door, do you know if he was on the sidewalk in
front of the church?
A No.
MS. WRONKIEWICZ:
Objection.
THE
COURT: Sustained.
MS. AIMEN: Q There were a number of people in
that doorway when you approached Mr. Bunker?
A In front, or behind
me?
Q Well, there
were a number of people standing with Mr. Bunker in the door of the
Church of Scientology?
MS. WRONKIEWICZ:
Objection
THE
COURT: What's the relevance of how many people were around there?
MS AIMEN: Q When your
partner took the camera from Mr.-- From Dr. Zizic, your attention
went back to dealing with Mr. Bunker, is
that correct?
A I
observed, after my partner gave me the the camera to give to the
sergeant, yes.
Q
Now, you went back to your concentration on your arrest of Mr.
Bunker, correct?
A
Yes.
Q And, you had
to discuss with other officers what the purpose of arresting Mr.
Bunker was at this time?
MS. WRONKIEWICZ:
Objection.
THE
COURT: Overruled.
THE WITNESS: Yes.
MS. AIMEN: Q Your attention was not focused on
the sergeant and Officer Cuddy, was it?
A No.
Q At the time that your partner took that
camera from Mr. Bunker, you did not see your partner attempt to open the slide door, or the tape
container on the camera, did you?
A No.
MS. AIMEN I have no further questions.
THE COURT: Okay
REDIRECT
EXAMINATION BY MS.
WRONKIEWICZ:
Q
Officer, the report that you prepared, is that a verbatim report of
the incident as it occurred?
A No.
Q What is it?
A A summary of the
events that transpired.
Q And, you reviewed your report, correct?
A Yes.
Q Now, you already
testified that you did not see the camera tumble, correct?
A Right.
Q What was it that you
did put in your report in response to what happened to what happened
to the video camera?
A As Mr. Bunker was
being placed in handcuffs --
MS. AIMEN: I don't believe he needs to testify
by reading the report.
THE COURT: Overruled He may go ahead
THE WITNESS: "Simultaneously as the officer was
placing the cuffs on the Defendant, the Defendant dropped the camera to the ground, and
into the street."
MS. WRONKIEWICZ: Q Did you notice what your
sergeant did with the video camera?
MS. AIMEN: Objection; foundation. Objection to
foundation.
MS.
WRONKIEWICZ: You testified that you saw your partner give the camera
to your sergeant?
A
Correct.
What did
you see your sergeant do with the camera?
A Give it to Officer
Cuddy.
Q What did
you see Officer Cuddy do with the camera?
A Put it into the
trunk of her marked squad car.
MS. WRONKIEWICZ: Nothing further.
THE COURT: Anything
else?
MS. AIMEN:
No.
(WITNESS
EXCUSED)
THE COURT:
Step back for a minuter.
CATHERINE CUDDY, called
as a witness herein on behalf of the People of the State of
Illinois, after having been first duly
sworn, was examined and testified as follows.
DIRECT EXAMINATION BY MS. WRONKIEWICZ
Q In a loud voice,
please state and spell your last name for the court reporter?
A Catherine C-u-d-d-y,
Star 14002.
Q What
unit are you assigned to?
A Beat 1956, 019th District.
Q Did you respond to a
call on January 25th, in the year 2000, at approximately 8:00 p.m.,
at 3011 North Lincoln, City of Chicago,
County of Cook?
A
Yes, I did.
Q Were
you working alone, or with a partner?
A With a partner.
Q Who was your partner that day?
A Richard Mack.
Q Is Richard Mack--
A A Probationary
Police Officer, at the time.
Q When you responded to 3011 North Lincoln, can
you describe the scene when you arrived?
A Chaotic, quite a few people out on the street
from the Church of Scientology, as well as the restaurant. There were several squad cars on
the scene.
Q Do you
know the two officers' names, Foria and Bonifazi?
A Yes.
Q Did you see them
when you arrived on the scene?
A Not immediately, because there were a lot of
people. Yes I did.
Q And, did you have a converstation with
officers Foria and Bonifazi?
A Yes, I did.
Q And, did you subsequently place them under
arrest and take someone into custody?
A Yes, I did.
Q Do you see that individual here in court--
MR. DEVLAMING: We will
stipulate to the identity.
THE COURT: Okay.
MS. WRONKIEWICZ: Q In addition to placing the
Defendant under arrest, did you receive any property?
A No, the property was placed in my trunk by my
sergeant.
Q What is
your sergeant's name?
A Allen S. C-l-o-s-s.
Q What type of
property are we talking about?
A A video recorder.
Q Did you see where you partner got the video
camera from?
A No,
I did not.
Q Did
you see your sergeant remove a video tape from the video
recorder?
A No, I
did not.
Q Did you
recover a videotape from a video camera?
A No.
Q Did you check that video for a videotape when
it was placed into the trunk of your vehicle?
A No, I did not.
Q I am doing to show
you what I will mark as People's Exhibit 1 I
would ask if you can identify what this is?
A Yes.
Q What is this?
A A Sony VC Camera.
Q Is this an inventory
slip?
A Yes, it is
an inventory slip.
MS. AIMEN: Objection.
THE COURT:
Overruled.
MS.
WRONKIEWICZ: Q Did you inventory that video camera that was placed
into the trunk of your car?
A Yes.
Q Is this the
inventory slip that was completed for that video camera?
A Yes.
Q And, Officer, are
you familiar with the procedure for filling out an inventory
slip?
A Yes.
Q Is there any place
on this inventory slip that indicates that a videotape was
inventoried?
A.
No.
Q If there is
just a videotape inventoried, what would be your procedure?
A We would mark it
down on the same inventory slip, if it was separate or from the
video camera.
Q
Were you working the following day, on January 26th?
A Yes.
Q And, what time did
you arrive for work on January 26th?
A 1700 hours.
Q Do you see anyone in the court that you saw
when you arrived the following day?
A Yes.
MS. WRONKIEWICZ: May the record reflect that
there is a stipulation that she saw the Defendant when she arrived for work the
following day.
THE
COURT: Okay.
MS.
WRONKIEWICZ: Q Where did you see the Defendant at?
A Inside that Belmont
and Western police station.
Q After seeing the Defendant, did you have a
converstation with him?
A Yes, I did.
Q And, who else was present prior to that
converstation?
A It
was right at the 019th District, so within earshot of the desk
sergeant.
MS.
AIMEN: Objection, speculating.
THE COURT: Overruled.
MS. WRONKIEWICZ: Q
What did the Defendant say to you, and what did you say to him?
A He asked if he could
receive his video camera back out of the property room.
Q Did you respond to
that?
A Yes.
Q What did he you
say?
A That he had
to get the inventory slip back, and have the Watch Commander sign
the box, and we would be able to release it
back to him with his signature.
Q Did you get that video camera?
A Yes, I did.
Q Was that the video
camera that you had inventoried under 2297472?
A Yes, a previous time
it was.
Q Were you
present when the Defendant received his video camera back?
A Yes.
Q Who opened the video
camera up?
A Mr.
Bunker, the gentleman who was arrested that night prior.
Q Were you present
when he opened the video camera?
A Yes.
Q Did you see a videotape in there when he
opened the camera up?
A No.
MS. WRONKIEWICZ: I have nothing further.
CROSS EXAMINATION BY
MS. AIMEN
Q Officer Cuddy, showing you the camera that's
here on the table. This is the camera that
you inventoried?
A
Yes, it was.
Q When
you inventoried this camera, did you remove the batteries from the
camera?
A
Negative.
Q Did you
inventory the batteries separately from the camera?
A Negative.
Q That's a no?
A No.
Q Did you open -- When
you inventoried the camera, the place where the cassette --
A No.
Q So, you never
checked to see if there was a videotape?
A I never did check to see if there was a tape
in there before inventorying it.
MS. AIMEN: I have no other questions.
MS. WRONKIEWICZ: I
have nothing further.
(Witness excused)
MS. WRONKIEWICZ: The State is going to rest, so
if you want, you can have the others come out.
THE COURT: Do you have any other witnesses? Does anyone have any argument?
(WHEREUPON, further
proceedings were had, excluded from this excerpted report of
proceedings.)
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