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PEOPLE of the STATE of ILLINOIS V. MARK
BUNKER
TRIAL
TRANSCRIPTS VOL I, 2-06-01
CASE NO. OOMCl-217168
STATE OF ILLINOIS )
) ss:
COUNTY OF C 0 0 K )
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT - FIRST MUNICIPAL DIVISION
THE PEOPLE OF THE )
STATE OF ILLINOIS )
vs. ) Case No. 00-217168
MARK BUNKER 1
REPORT OF PROCEEDINGS of the hearing
before the Hon. WILLIAM O'MALLEY, on the 6th day of
January, A.D., 2001.
APPEARANCES:
HON. RICHARD DEVINE, State's Attorney,
BY: MS. BRAND1 KING SC
MS. CHERYL WRONKIEWICZ,
Assistant State's Attorney,
on behalf of the People;
BY: MS. JULIE AIMEN &
MR. DENNIS DE VLAMING,
on behalf of the Defendant.
REGINA A. CLEMMER, CSR,
OFFICIAL COURT REPORTER
CIRCUIT COURT OF COOK COUNTY
LIC. NO. 084-004002
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INDEX
People vs. MARK BUNKER
Jury Trial
Witnesses: Direct Cross Redirect Recross
For the State:
Mary Anne Ahmad 4 9 15 18
Blase Floria 20 44 65 67
Ralph Bonifazi 69 88 102
For the Defense:
David Jackson 109 127
Dr. Wm. Zizic 128 147 160 163
165
Reporter's Certificate- P. 167
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(Jury enters.)
THE COURT: Good morning, state. We are ready to proceed.
MS. KING: Yes.
THE COURT: State, call your first witness.
MS. KING: State Calls Mary Anne Ahmad.
(Witness sworn.)
THE COURT: Proceed.
MS. KING: Good morning, Mary Anne.
THE WITNESS: Good morning.
MS. KING: Will you please state and spell your name for the court reporter and the jury.
THE WITNESS: Yes.
MS. KING: And I ask you to keep your voice up.
THE WITNESS: My name is Mary Anne Ahmad, M-a-r-y, second one, A-n-n-e, last name is
A-h-m-a-d.
MARY ANN AHMAD,
called as a witness on behalf of the People of the State of Illinois, having been first duly
sworn, was examined and testified as follows:
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DIRECT EXAMINATION
BY MS. KING:
Q Mary Anne, are you currently employed?
A. Yes, I am.
Q. Where are you employed?
A. With the Church of Scientology in Illinois.
Q. Is that church located here in Chicago, Illinois?
A. Yes.
Q. Where is it located?
A. 3011 North Lincoln Avenue.
Q. Is that in Cook County?
A. Yes.
Q. Did your church occupy the property of 3011 North Lincoln?
A. Yes, we do.
Q. Is that a public or private property? A. It is private property.
Q. Your church is not open to the public?
A. The public can come in but it is not a public building.
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MS. AIMEN: Objection.
THE COURT: Overruled.
MS. AIMEN: It is a legal determination, Judge.
THE COURT: Overruled.
BY MS. KING:
Q. Your church is the one that occupies the property?
A. Yes.
Q. Can you please describe your property for the jury?
A. Okay. You mean the front part of the church?
Q. What the property looks like from the outside?
A. Okay. There is on the north side, there is a display window that
goes like this and it goes from the sidewalk into the door. And then,
there is a door; and then, there is another big window that goes into a
U-shape like this and there is a second door; and then, a third display window.
Q. Are you talking about the display window and the door, are the doors even up
on the street with the display windows?
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A. No.
Q. Where are they?
A. The doors are set back from the street -- from the walk.
Q. What is in front of the door?
A. Tiles on the ground.
Q. And where does your property end?
A. At the sidewalk.
Q. Okay. I am going to be showing you which we previously showed defense counsel.
Would you like to see it again?
MS. AIMEN: That's okay.
MS. KING: People's Exhibit No. 1, Your Honor, which is marked.
THE COURT: Okay.
BY MS. KING:
Q. Mary Anne, can you please describe what this is?
A. This is the north front entrance of our church.
Q. When you say there is a north entrance, there are two entrances?
A. Yes.
Q. A south and a north entrance?
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A. Correct.
Q. And this is the north entrance?
A. Yes.
Q. Can you please describe in detail what this picture depicts?
A. Well, there are the windows. The first display windows which is on the north
side and then, the door is set back from the sidewalk. And then, this is part
of the large display window which is like a U-shape.
Q. Okay.
A. And these are the tiles in front of the door. And then, they end -- there is
like a hump that goes down to the sidewalk; and then, there is the sidewalk.
Q. These tiles, what color are they?
A. Gray.
Q. And are they part of your property?
A. Yes.
MS. KING: Your Honor, we will be asking to present this photograph to the jury
just so they can see what the witness has been describing.
THE COURT: Any objection?
MR. DE VLAMING: That's been admitted into
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evidence?
THE COURT: Not yet.
MR. DE VLAMING: I have no problem. No objection.
BY MS. KING:
Q. Mary Anne, were you working for the Church of Scientology on January 25, 2000?
A. Yes.
Q. Did you have occasion to hire anyone on that date to work for you?
A. Yes, I did.
Q. Who did you hire on that?
A. I hired two off-duty police officers.
Q. For what purpose did you hire them?
A. For security.
Q. Have you ever heard of man by the name of Mark Bunker?
A. Yes.
Q. Is he welcome to your church located at 3011 North Lincoln?
MR. DE VLAMING: Objection, irrelevant.
THE COURT: Sustained to the term welcome.
BY MS. KING:
Q. Has he ever been given permission to come
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into your church?
MR. DE VLAMING: Objection, Judge, calls for a hearsay response.
THE COURT: If she knows.
BY MS. KING:
Q. Do you have any personal knowledge if he had been given permission to come into
your church located at 3011 North Lincoln?
A. Yes, I do.
Q. Has he been given permission?
MR. DE VLAMING: Objection. If the source is a hearsay source, I think, it is
inadmissible whether she has personal knowledge of hearsay.
THE COURT: Your objection is overruled. You may answer.
BY MS. KING:
Q. Was he given permission?
A. No.
MS. KING: No further questions, Your Honor.
THE COURT: Okay. Cross.
CROSS EXAMINATION
BY MR. DE VLAMING:
Q. Ms. Ahmad, you said that you are employed by the Church of Scientology?
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A. Yes, sir.
Q. In what capacity are you employed?
A. I am the secretary of the board of directors.
Q. Are you a member of the office of special affairs?
A. I am the director of special affairs.
Q. Is that as the enforcement aspect of the Church of Scientology?
MS. KING: Your Honor, objection to the relevance.
THE COURT: She may ask that question.
BY MR. DE VLAMING:
Q. Do you investigate critics of the Church of Scientology?
MS. KING: Objection. We ask to approach.
MR. DE VLAMING: Judge, she said that she is employed.
THE COURT: She may answer that question. Overruled.
BY MR. DE VLAMING:
Q. Are those part of your duties to investigate critics of the Church of ScientologY?
A. Sometimes.
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Q. Are You the complainant in this case?
A. Yes, I am.
Q. And did YOU sign a complaint in this matter?
A. Yes, I did.
Q. I would like to show you what's been marked as Defendant's Exhibit No. l?
MS. KING: Your Honor --
BY MR. DE VLAMING:
Q. Let me show you this complaint and ask you whether your signature appears
on that complaint?
A. Yes, it does.
Q. And did you sign that on the date in which it indicates on that particular
complaint form?
A. Yes, I did.
Q. What date is that?
A. 25th, February. It says 1900.
Q. you certainly didn't sign it on 1900?
A. No.
Q. The year 2000?
A. Yes, I did.
Q. 1s everything contained on this document correct and accurate at the time that you
had it notarized?
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A. Yes.
Q. Ms. Ahmad, you indicated before that this church is not open to the public. Did I
hear you indicate that?
A. No.
Q. Is it open to the public?
A. Yes, it is.
Q. SO a person walking down the street can walk into the Church of Scientology without
having to ask permission?
A. Yes.
Q. There is nothing on the outside of the Church of Scientology that indicates that it
is an invitation only or you have to ask permission to go into the church, is there?
A. No.
Q. Did you ever see Mark Bunker on the 25th of January in the year 2000?
A. No, I did not.
Q. YOU never saw him that day?
A. No.
Q. Did you personally ever tell him not to
come onto that property?
A. No.
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Q. Ms. Ahmad, let me show you what's been marked as Defendant's Exhibit No. 2 for
identification, which appears to be a Xerox copy of a letter.
MS. WRONKIEWICZ: We are going to object, Judge.
MR. DE VLAMING: Judge, I haven't offered it into evidence yet in this point in
time.
THE COURT: You may ask that question.
MS. KING: Your Honor, the letter was not written by the witness.
MR. DE VLAMING: I understand.
THE COURT: Let's find out what it is.
BY MR. DE VLAMING:
Q. Ms. Ahmad, let me just take a minute and ask you to look at Defendant's Exhibit 2 and
the only question I have is, do you recall receiving that exhibit?
A. Yes, I do.
Q. And did you receive it on Or about then -- well, is there a date on this letter?
A. No, there is not.
Q. Do YOU see a fax date on the top of that letter?
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A. Yes.
Q. Can you tell me whether or not it would have been on or about that date or are you
unable to tell us that?
A. Well, the date that's on here is l/24/00.
Q. So that your receipt of that letter predated that day obviously?
A. Yes, I believe so.
Q. May I. Were you at the Church of Scientology on January 25, 2000?
A. Yes, I was.
Q. Did you ever go to the front of the building?
A. Could you clarify?
Q. Do you enter and exit the front of the building?
A. Yes, I do.
Q. Were there any signs or any postings of any kind that instructed Mark Bunker to stay
out or anything like that?
A. No.
Q. Was there anything in writing presented by you that day that he was not to come onto
the property or inside of the building?
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A. No.
MR. DE VLAMING: Your Honor, may I approach the witness?
MS. KING: We ask to approach the bench.
MR. DE VLAMING: I am not going to offer it.
THE COURT: Side bar.
(The following proceedings were had in open court out of the hearing of the jury:)
BY MR. DE VLAMING:
Q. Ms. Ahmad, let me show you what has been marked as Defendant's Exhibit No. 3 at this time.
Could you tell me whether or not does that show the front of the Church of Scientology?
A. Yes.
Q. And are you in that photograph?
A. Yes, I am.
MR. DE VLAMING: I have no further questions of the witness.
MS. KING: Your Honor, I just have a few.
THE COURT: Okay.
REDIRECT EXAMINATION
BY MS. KING:
Q. Ma'am, showing you what the defense
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counsel has already shown you as Defense Exhibit No. 1, which is the complaint in this case?
A. Yes, it is.
Q. And you signed this complaint?
A. Yes, I did.
Q. When you signed this complaint, did you read the complaint?
A. Yes, I did.
Q. What portion of the complaint did you read?
A. This part where it says committed the offense of criminal trespass to land.
MS. AIMEN: Objection.
THE COURT: Overruled.
THE
WITNESS: Knowingly remained upon the property of the Church of
Scientology with a video recorder, after receiving notice several times from complainant to leave the premises.
BY MS. KING:
Q. Did you read any other portion of this complaint?
A. No.
Q. You only read the facts that were stated on the complaint?
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A. Yes.
Q. Did You read where the date was on this complaint?
A. No.
Q. Did you sign this complaint on February 25th?
A. Yes.
Q. You signed this complaint on February 25th?
A. That's what it says.
Q. That's what it say right there. Is that the date that you signed it? Can you recall that?
Let me bring you back. On what date, when did you sign this complaint. When did an officer
come to you and have you sign this complaint?
A. On January 25th.
Q. IS that the date that this event occurred?
A. Yes.
Q. When he came to you on January 25th to sign the complaint, did you sign it that day?
A. Yes, I did.
Q. Did he come back on February 25th?
A. Not that I can recall, no.
Q. Did you sign this complaint on
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January 25th?
A. Yes.
Q. Did You check that date when you were signing it?
A. No.
MS. KING: No further questions, Your Honor.
THE COURT: Anything based on that?
MR. DE VLAMING: Just a couple.
RECROSS EXAMINATION
BY MR. DE VLAMING:
Q. Ms. Ahmad, there is a notarization on this document, right, a notary placed the
date on this document, correct?
A. Yes.
Q. So a notary public, not yourself, had dated that February 25th. Are you telling
this jury that the notary made a mistake as to the date and you are correct?
A. Well, actually, the complaint that I signed, it was a police form, right and it
had -- the writing was a little difficult to read. But that's what I signed on January 25th.
Q. So it was not that document you signed on January 25th. This is the document before you
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signed on February 25th, the date it was notarized, correct?
MS. WRONKIEWICZ: Objection. That wasn't her testimony.
THE COURT: Overruled. She can answer the question.
THE WITNESS: I am not sure.
MR. DE VLAMING: That's all. That's all, Your Honor.
MS. KING: NO further questions, Judge.
THE COURT: Thank you, ma'am. Call your next witness.
MS. WRONKIEWICZ: State calls Blase Floria. He is in the jury room down the hall.
(Witness sworn.)
MS. WRONKIEWICZ: Officer, in a loud and clear voice, please state your name for the benefit
of the court reporter and the jury.
THE WITNESS: My name is Blase Floria, B-l-a-s-e, last name F-l-o-r-i-a.
OFFICER BLASE FLORIA,
called as a witness on behalf of the People of the State of Illinois, having been first duly
sworn, was examined and testified as follows:
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DIRECT EXAMINATION
BY MS. WRONKIEWICZ:
Q. Officer, Please state your star number and unit of assignment?
A. Star No. 18458.
Q. And your unit of assignment?
A. 19th District, Gang.
Q. Officer, how long have you been employed by the Chicago Police Department?
A. Roughly, six and a half years.
Q. Officer, I am going to turn your attention to January 25th and ask you if you were
working on that date?
A. Yes.
Q. And after working at the Chicago Police Department, did you have any off-duty assignments?
A. Yes, I did.
Q. And where was that off-duty assignment.
A. It was at the Church of Scientology.
Q. Now, did you go to the Church of Scientology on January 25th, of the year 2000, at
approximately 5:30 in the evening?
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A. Yes, I did.
Q. Were YOU working alone or with a partner?
A. With a partner.
Q. What was the name of your partner?
A. His name is Ralph Bonifazi.
Q. Can You spell that for the court reporter?
A. Ralph, common spelling, R-a-l-p-h, last name, B like in boy, o-n-i-f-a-z-i.
Q. What was your assignment, your off-duty assignment on January 25th?
A. We were working security for the Church of Scientology.
Q. Okay. And did you have any specific instructions with regards to your security detail?
A. Yes, we did.
Q. What was your instructions?
A. Not to allow an individual within the confines of the church.
Q. Did YOU know the name of that individual?
A. Yes.
Q. What was his name?
A. Mark Bunker.
Q. Now, when you arrived on January 25th at about -- let me stop there for a second. At
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approximately 7:30 in the evening, did something unusual occur?
A. Yes.
Q. Where were you at approximately 7:30 in the evening?
A. Inside of the church.
Q. And who were you with?
A. With Officer Bonifazi.
Q. What happened about 7:30?
A. Mark Bunker came to the -- and two other individuals came to the door of the church.
Q. And do you see that individual here in court?
A. Yes, I do.
Q. Can you please point to him and identify something that he is wearing for the record?
A. The individual sitting to my right with the beard and a green shirt and tie.
MS. WRONKIEWICZ: Judge, may the record reflect an in-court identification of the defendant?
THE COURT: It will.
BY MS. WRONKIEWICZ:
Q. Now, where did you first see Mr. Bunker at?
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A. Right at the threshold of the doorway.
Q. And you say that he was not alone. Did you see anyone else with him?
A. Yes.
Q. How many people did you see with him?
A. Two other individuals.
Q. And can you describe for the jury what these two individuals looked like?
A. One was a female, female white and one was a male white.
Q. Where were they standing in relation to the defendant?
A. I believe to either side of him.
Q. When Mr. Bunker arrived, did you have a conversation with him?
A. Yes, we did.
Q. Where did that conversation take place?
A. Right at the doorway of the Church of Scientology.
Q. Who was present for that conversation?
A. Officer Bonifazi and the other two individuals.
Q. Did you ever find out the names of those other two individuals?
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A. Yes, I did.
Q. What are the names?
A. It's Zizic. Barbara and I can't recall his first name but they were a
married couple.
Q. Okay. And did you have any instructions regarding the Zizic's?
A. No.
Q. Now, when you had this conversation with the defendant, what did you say to him?
A. I asked him if he was Mark Bunker.
Q. And did he respond?
A. Yes, he did.
Q. What did he say?
A. He said, yes, I am Mark Bunker.
Q. After he told you that his name was indeed Mark Bunker, did you say anything else to him?
A. Yes. I told him that he wouldn't be allowed --MS. AIMEN: Judge, I object at this time and
asking for a side bar.
THE COURT: Sure.
(The following proceedings were had in open court out of the hearing of the jury:)
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THE COURT: What's the objection?
MS. AIMEN: Judge, even though this is a misdemeanor trial, there were absolutely no
statements of the defendant tendered. Police reports were tendered but no reduction of
statements made by the defendant that has ever been tendered to us.
MS. WRONKIEWICZ: Judge, both the case report and the police report were tendered to
counsel stating that the defendant refused to leave after several requests to leave.
In addition, I did do an amended answer to discovery where I said in my answer to
discovery that defendant refused to leave after being told to leave.
MS. AIMEN: But the statements as to defendant as they are coming in here right now were
never tendered.
THE COURT: These statements occurred during the course of the alleged incident?
MS. WRONKIEWICZ: That's correct.
THE COURT: They are admissible.
MS. AIMEN: They were required to be tendered and that is basis. They were not.
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THE COURT: Overruled.
BY MS. WRONKIEWICZ:
Q. Officer, after you told Mr. Bunker or after Mr. Bunker identified himself to you,
what did you say to him?
A. I told him that they were not allowed into the building.
Q. Did he respond to you?
A. Yes, he did.
Q. What did the defendant say?
A. He said, yes, I can come in here.
Q. After the defendant said that he could come in here, did you say anything else to him?
A. As I said again, I reiterated, you can't. You would be trespassing.
Q. When the defendant arrived, did he have anything in his hands?
A. Yes, he did.
Q. What did he have?
A. He had a camera.
Q. And did you see where that camera was at?
A. It was at his side.
Q. Now, after you told the defendant that he
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was not allowed in, could you see what the defendant did?
A. Yes.
Q. What did the defendant do?
A. He began to raise the camera.
Q. Okay. Now, after he raised the camera, what happened?
A. Again, then we walked towards him and said, you can't come in here.
Q. As you walked towards the defendant, could you see what he did?
A. Yes. He backed pedaled about two or three feet from the original spot from
where we had the initial conversation.
Q. When he stepped back, what did you do?
A. Again, I said, I go, you have to leave the premises.
Q. And where were you standing when you again told him that he had to leave?
A. On the tile that's right in front of the door.
Q. Now, at this time, you had another conversation with him, correct?
A. Yes.
Q. So this is your second conversation with the defendant, correct?
A. Yes.
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Q. Who was present for this conversation?
A. Officer Bonifazi and the Zizic's.
Q. Could you see where the Zizic's were at this time?
A. They were behind him.
Q. When you say him, who are you referring to?
A. Mark Bunker.
Q. Now, what did you say to him at this second location?
A. I said, that you are going to have to leave.
Q. Okay. Did he respond when you said that he had to leave?
A. He said, no, I don't. This is a free country.
Q. After the defendant said it was a free country, did you do something?
A. Yes. I walked towards him again with Officer Bonifazi.
Q. Did you see what the defendant did?
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A. He backed up.
Q. When you say he backed up?
A. Walked.
Q. Walked. About how far did he walk?
A. Two to three feet.
Q. Okay.
A. Still on the tile.
Q. And was he walking backwards or forward?
A. Backwards.
Q. As he walked backwards, what did you do?
A. I told him one more time, you have to leave the premises.
Q. After telling him this third time that he had to leave, did you do
anything?
A. Yes, I did.
Q. What did you do?
A. I took out my handcuffs and said, I go, if you don't leave, I have to
place you under arrest.
Q. Where did you have these handcuffs at?
A. On my belt.
Q. And when you pulled out your handcuffs, what did you do with them?
A. I displayed and showed him so he could see that they are handcuffs.
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MS. WRONKIEWICZ: Judge, could the record reflect that he is picking up his right
hand and holding it to his side?
THE COURT: It will.
BY MS. WRONKIEWICZ:
Q. After you showed Mark Bunker your handcuffs, could you see what he did?
A. Yes. He became very visibly shaken and surprised.
MS. AIMEN: Objection, Judge.
THE COURT: Sustained.
BY MS. WRONKIEWICZ:
Q. After you showed him these handcuffs, what did you do?
A. I walked towards him.
Q. Did the defendant do anything as you walked towards him?
A. Yes.
Q. What did he do?
A. He hurriedly back pedaled towards the curb, trying to avoid my handcuffing him.
Q. And did you notice anything else in the defendant's hand as he was walking backwards?
A. Yes. As he was going backwards, he
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produced a cell phone out in his left hand.
Q. And what hand did he have the video camera in?
A. The right hand.
Q. When you took your cuffs out, which hand did you attempt to cuff?
A. The right hand.
Q. And you are speaking, you attempted to cuff Mark Bunker's right hand?
A. Yes.
Q. As you attempted to handcuff his right hand, what happened?
A. He began to withdraw his arm into his belt and shield it and take the
camera and cuff it towards him like you would be carrying a football.
MS. WRONKIEWICZ: Judge, may the record reflect that the officer is showing with
his hand, he is holding it close to his body and to his side?
THE COURT: It will.
BY MS. WRONKIEWICZ:
Q. you say that the defendant had a video camera up by his side. What did you do?
A. I grabbed his right wrist and placed the cuffs on his right hand.
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Q. Okay.
A. Right wrist, sorry.
Q. Could you see where your partner was at this time?
A. Yes. He was on Mr. Bunker's right.
Q. What did you -- did you get the cuff on his right hand?
A. Yes.
Q. And what -- did anything occur while you were trying to put the cuff on his right hand?
A. Yes, it did.
Q. What happened?
A. The camera that he did have in that hand fell and tumbled to the ground into the street
between two parked cars.
Q. And after the camera fell to the ground, what did you do?
A. I struggled with Mr. Bunker to get his left hand cuffed.
Q. Okay. And what was your partner doing at this time?
A. He was assisting me in doing this.
Q. Were you able to get the defendant's hands cuffed?
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A. Yes.
Q. Where were his hands cuffed at?
A. Behind him.
Q. Okay. Now, after
you placed the defendant under arrest, was he saying anything?
A. Yes.
Q. What was he saying?
A. He said, where's my camera, where's my camera.
Q. After you placed the defendant under arrest, did you, at any time, call for backup?
A. Yes.
Q. How did you call for backup?
A. I told the receptionist from the Church of Scientology to call 911 and ask for an
officer needs assistance.
Q. Did any police arrive?
A. Yes.
Q. How quickly did these police arrive?
A. Within a minute.
Q. Now, when the police arrived -- actually, let me back you up for a second and go back
to when you are placing the handcuffs on the defendant. Could you see what these two other
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individuals with the defendant were doing?
A. Yes.
Q. Okay. And what about the female, could you see what she was doing?
A. Yes, I could.
Q. What was the female doing?
A. Well, she was, at the time, she was trying to stop us, personally me, from handcuffing
Mr. Bunker by pulling on my hair and right arm.
Q. What about the male that was with the defendant, could you see what he was doing?
A. Yes:
Q. What was he doing?
A. Well, he walked with us. He didn't really interfere at all.
Q. Was the female that was with the defendant saying anything?
A. Yes.
Q. Can you describe her voice for the jury?
A. High pitched scream. She was yelling, let him go, let him go.
Q. What about the male that was with the defendant, could YOU hear if he was doing anything?
A. He didn't say anything.
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Q. Now, after the police arrived, about how many police arrived on the scene?
A. At least five squad cars, two man squad cars.
Q. When the police arrived, what did you do?
A. I stayed with Mr. Bunker.
Q. Was he saying anything at this time as you were standing there with him?
A. Yes. He reiterated, where's my camera, where's my camera.
Q. After the defendant was stating that he wanted his camera, did you do anything?
A. Yes.
Q. What did you do?
A. Well, I looked at the last place that I saw the camera fall within the two parked cars.
Q. And did you find the camera there?
A. No.
Q. Could you see what your partner was doing?
A. Yes.
Q. What was your partner doing?
A. He was beginning to canvass the area. There were about 40 or 50 people out
asking where is his camera.
35
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Q. Was anyone responding?
A. No.
Q. Did You see the defendant's camera again?
A. Yes.
Q. Where did you see the defendant's camera?
A. I Saw it eventually in Mr. Zizic's hand.
Q. And Mr. Zizic is the individual that arrived on the scene with the defendant, correct?
A. Yes.
Q. When you saw Mr. Zizic with the camera, where was your partner at?
A. He was with Mr. Zizic..
Q. Could you see what occurred between your partner and Mr. Zizic?
A. Yes. There was a --
Q. How far away were they from you?
A. From me, maybe about 15 to 20 feet.
Q. And was there anything obstructing your view of Mr. Zizic and your partner?
A. No.
Q. Describe for the jury what you saw occur between Mr. Zizic and your partner?
A. I saw my partner ask for the camera and said that it belonged to the prisoner
and Mr. Zizic
36
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said, no, I want to hold it. Then they began like a tug-of-war on the camera itself.
Eventually, my partner, Ralph Bonifazi, retrieved the camera.
Q. And after your partner ended up with the camera, what did you do?
A. Uhm --
Q. Well, let me back you up for a second. What did you do with Mr. Bunker?
A. I gave him to Officer Cuddy, a female officer.
Q. Officer, I am going to show you which I have already showed to counsel?
MS. AIMEN: We object at this time. We ask to be heard at side bar.
THE COURT: Side bar.
(The following proceedings were had in open court out of the hearing of the jury:)
THE COURT: What's the objection?
MS. AIMEN: The objection is that this is used for demonstrative purposes. It is
completely out of scale and it shows things grossly out of proportion.
MS. WRONKIEWICZ: Judge, it is demonstrative so
37
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it doesn't have been to be completely out of scale. He is going to testify that he is
familiar with the area and fairly and accurately depicts and he sees things. If you look at
the pictures, it does.
MS. AIMEN: Judge, it make the entrance way larger and wider than it actually is. And the
sidewalk is smaller than it actually is. I have the dimensions here and this is grossly out of
proportion.
MR. DE VLAMING: Since we have the photographs blown up, those are the actual evidence.
THE COURT: This is not the scale?
MS. WRONKIEWICZ: No, Judge. We are not trying to argue.
THE COURT: It will only confuse the jury.
MS. WRONKIEWICZ: Okay.
BY MS. WRONKIEWICZ:
Q. Officer, I am going to show you what we have previous marked as People's Exhibit NO. 1 and
ask you if you can identify what's in this photograph?
A. That's the window opening at the threshold of the Church of Scientology's front door.
38
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Q. Officer, are YOU familiar with this photo, this area?
A. Yes.
Q. And does this photo fairly and accurately depict the way the church looked on January 25th?
A. Yes.
MS. WRONKIEWICZ:
Judge, I am going to ask -- I am going to ask if the officer could
step down and mark on this photo for the jury.
THE COURT: I asked earlier if there is another easel in the back. We can go with this one.
BY MS. WRONKIEWICZ:
Q. Officer, I would ask you to take this marker and can you show in this photo where you and
your partner were standing when you began working on January 25th?
A. Yes. We were right inside of this doorway right here.
MS. WRONKIEWICZ: Judge, may the record reflect that he has placed an "X" on the doorway in
People's Exhibit NO. l?
THE COURT: It will. Can all of the jurors see that?
THE JURORS: No.
39
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THE COURT: It's more important for them to see it than me.
BY MS. WRONKIEWICZ:
Q. Now, officer, after meeting Mark Bunker and having a conversation with him, you stated he
backed up, correct?
A. Uh-huh.
Q. Please take that red marker and place it to where the defendant backed up.
MS. WRONKIEWICZ:
Judge, may the record reflect that he taken the marker and placed a
No. 2 on People's Exhibit No. 2?
THE COURT: What did he put there, where he and his partner were?
MS. WRONKIEWICZ: He put an Xl.
BY MS. WRONKIEWICZ:
Q. Now, after your
second conversation with the defendant when he backed up again, can
you please take that red marker and put a No. 3 to where the defendant was standing.
MS. WRONKIEWICZ: Judge, may the record reflect that he has taken the red marker and
placed a 3 on People's Exhibit No. 1 at the end of the tiled area?
40
-----------------------------------------------
THE COURT: Yes.
BY MS. WRONKIEWICZ:
Q.
Now, after YOU told the defendant that he was under arrest, YOU said
that he backed up again, correct?
A. Yes.
Q. Can you please place a No. 4 at where the
defendant backed up to after you told him that he was under arrest?
A. Roughly right back here. The photo doesn't show the curb in the street but you can
visualize there is a curb right at the curb.
MS. WRONKIEWICZ: Judge, he has placed a 4 at the very bottom of People's Exhibit No. 1
with a red marker.
BY MS. WRONKIEWICZ:
Q. Officer, can you please sit down for a second. Now, officer, are you member of the Church
of Scientology?
A. No, I am not.
Q. Do YOU have any friends that are members of the Church of Scientology?
A. No.
41
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Q. Prior to January 25th of the year 2000, have you ever worked for the Church of Scientology?
A. No.
Q . Officer, have you ever met Mary Anne Ahmad before January 25th?
A. No.
Q . Have you ever met Mark Bunker before?
A. No.
Q . What about Mr. And Mrs. Zizic, did you ever meet them before January 25th?
A. No.
Q . Was anyone else arrested on January 25th?
A. No.
Q . Now, in People's
-- in the photos that you have, the photo that you have marked, you
placed four numbers on them, correct?
A. Right.
Q. Where was the
defendant standing when you told him that he was under arrest, which
of those numbers?
A. Number 4.
Q . And which of those places was the defendant standing when you told him that he had to
leave?
42
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A. At each, at 1, 2 and 3, I told him .
MS. WRONKIEWICZ: Thank you. Judge, may I have a moment, please.
THE COURT: Okay.
BY MS. WRONKIEWICZ:
Q. Officer, you stated
that as you placed the defendant under arrest, he had a videotape in
one hand, correct?
A. No.
Q. A --
A. A video camera.
Q. A camera. And he had something in the other hand, correct?
A. Yes.
Q. And what was that?
A. It was a cell phone.
Q. As you placed the defendant under arrest, what -- did anything happen to the cell phone?
A. Yes.
Q. What happened to it?
A. It fell to the ground at his feet.
Q. Officer, at any time, did you identify yourself as a police officer?
MS. AIMEN: Objection, leading.
43
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THE COURT: Overruled.
THE WITNESS: Yes.
BY MS. WRONKIEWICZ:
Q. When was it that you identified yourself as a police officer?
A. As soon as he was cuffed.
Q. And did -- what -- did the defendant say anything when you identified yourself as a police
officer?
A. No.
MS. WRONKIEWICZ:
Judge, may I have a moment? Judge, I have nothing further. I would
tender the witness.
THE COURT: You may cross.
CROSS EXAMINATION
BY MS. AIMEN:
Q. Good morning, officer. How are you?
A. How you doing.
Q. Officer, you were with the Chicago Police Department for six and a half years prior to
January 25, 2000?
A. Not prior to that. To this point today.
Q. So it was about five and a half years back then, is it fair to say?
44
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A. Yes.
Q. And as a Chicago pplice officer, there are rules and regulations that govern your behavior, is
that correct?
A. That's correct.
Q. Those rules and
regulations cover your behavior not only as an on-duty police
officer but as an off-duty police officer?
A. Right.
Q. For instance, as a
Chicago police officer, even when you are off-duty, you are suppose
to respond to emergencies, is that correct?
A. Yes.
Q. But on January 25th at 5:30 in the evening, you were working what's called secondary employment?
A. Right.
Q. As you testified earlier, that was with the Church of Scientology?
A. Correct.
Q. You weren't assigned as a Chicago police detailed to the Church of Scientology, were you?
A. No.
Q. You were paid for your work with the
45
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church?
A. Yes.
Q. And you knew that you were going to be paid that evening, is that correct?
A. Yes.
Q. For your work there?
A. Yes.
MS. AIMEN: Judge, may I approached?
THE COURT: Sure.
BY MS. AIMEN:
Q. Officer, I am going to show you what's been marked as Defendant's Group No. 4 for
identification. It is a two page document. Could you tell me what's contained on those pages?
A. There are four checks.
Q. And are any of those checks made out to you?
A. Yes. Two of them.
Q. The other two checks are made out to your partner?
A. Yes.
Q. So essentially, you were a hired gun that night, is that correct, officer?
MS. WRONKIEWICZ: Objection, Judge.
46
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THE COURT: Sustained. Rephrase the question.
BY MS. AIMEN:
Q. Well,
officer, let me ask you this. When you went to work at the Church of
Scientology, YOU weren't wearing a uniform, a police uniform, is that right?
A. That's right.
Q. You were in plain clothes?
A. That's right.
Q. And you didn't have a jacket on that said Church of Scientology on it, did you?
A. No.
Q. You didn't have a jacket that said security on it anywhere, did you?
A. No.
Q. SO if someone was looking at you, they wouldn't know you from anybody who was on the
street, is that correct?
MS. WRONKIEWICZ: Objection, Judge.
THE COURT: Overruled.
MS. WRONKIEWICZ: Call for --THE COURT: Overruled.
THE WITNESS: On the street, yes.
47
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BY MS. AIMEN:
Q. When you were walking down the street, there was nothing that indicated that you were
working for the Church of Scientology, is that right?
MS. WRONKIEWICZ: Objection, Judge. He didn't testify to walking down the street.
THE COURT: Sustained.
BY MS. AIMEN:
Q. When you
were standing at the door, there was nothing on your person to
identify that you were working for the Church of Scientology?
A. Correct.
Q. Now, it's your testimony that you were standing behind that door on the evening of
January 25th, 2000, is that right?
A. Yes. Inside.
Q. And how long had you been standing behind that door?
A. Well, within the confines of the building, a couple of hours.
Q. How long had you been standing at that door?
A. I don't recall that.
48
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Q. When you were
asked to come to the church that night, you knew that there were
going to be two other people coming to the church, is that right?
A. Yes.
Q. You were told that Dr. and Dr. Zizic were going to come?
A. Yes.
Q. And you were told that they might have somebody else with them, correct?
A. Yes.
Q. You were told that Mark Bunker might have a camera with him, isn't that right?
A. That, I don't recall.
Q. Now, was that front door locked that night, officer?
A. I don't remember that. You want me to respond?
Q. No.
A. Okay.
Q. Thank you. Your instructions that evening were not to keep the two other individuals out
of the building, isn't that right?
A. Yes. They could enter.
49
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Q. When you first saw Mr. Bunker approaching the facility here, he was approaching from the
south, isn't that correct?
A. I don't remember which way he came from because I was inside.
Q. There were a lot of people outside that evening, weren't there?
MS. WRONKIEWICZ: Objection. Which time?
THE COURT: Sustained.
BY MS. AIMEN:
Q. Prior to 7:30 in the evening, there were people from the Church of Scientology on the
street, isn't that right?
A. No.
Q. There were no individuals from the Church of Scientology out on the street, to the
best of your knowledge?
A. To the best of my knowledge --
MS. WRONKIEWICZ: Objection, when?
MS. KING: And foundation.
THE COURT: Sustained.
BY MS. AIMEN:
Q. TO the best of your knowledge, prior to 7:30 that evening, there were no other people out
50
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on the street from the Church of Scientology, is that what you are telling this court?
A. To the best of
my knowledge, I don't know if they were passersby. I don't know if
they were church related or just regular people walking down the street.
Q. Were you aware that the Church of Scientology sometimes has its own security guards
posted around the perimeters of the building?
MS. WRONKIEWICZ: Objection.
THE COURT: Overruled. He can answer.
THE WITNESS: No.
BY MS. AIMEN:
Q. I am going to show you what's been marked as Defendant's Exhibit No. 5 for identification
and ask you if this fairly and accurately represents the two entrances to what's been called
the Church of Scientology?
A. Yes, it does.
Q. And there are two separate addresses for this location, isn't that correct?
A. I don't recall that.
Q. Okay. Well, officer, let me ask you if YOU know what is over this -- there are two
51
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separate gray tiled vestibule type structures there, right?
A. Right.
Q. And there are a series of windows that jut out, is that right?
A. That's right.
Q. These tiles that are separated by this glass window, they look the same, do they not?
A. Yes.
Q. Over one door it says Hubbard Dyanetic (phonetic)?
A. Yes.
Q. And over the door, it says Scientology?
A. I don't know. I can't really see that.
Q. Officer, I would like you to step down, if
you could for a moment. And since you were using the red marker,
maybe you can be consistent and take my red marker and if you know,
put an "X1' over the doorway as to which doorway you believe that Mr. Bunker was coming into that day?
A. I believe, it is
this door right here.
Q. Put it over by the doorway, like over by the
sign up an above. The address of that location
would be 3011 Lincoln, isn't that correct?
52
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A. I believe
that's to be true.
Q. That's what you wrote on your report that
night?
A. I didn't
write -- 1 wrote a report later in the evening, yes.
Q. You may sit down.
Now, when you first saw Mr. Bunker, he was holding a large video
camera, correct?
A. Yes.
Q. And when you first saw that video camera,
there was a red light on, wasn't there, officer?
A. No.
Q. Does this video
camera look like the video camera that you saw Mr. Bunker holding
that night?
A. To
be honest, I can't identify the camera.
Q. So never had your hands on the camera that
night, officer?
A.
No.
Q. But this is
-- this might be like the kind of camera that you say he was hugging
to his chest
like a football?
MS. WRONKIEWICZ:
Objection.
THE
COURT: Overruled. He can answer it.
THE WITNESS: It might be. It's a video
53
-----------------------------------------------
camera.
BY MS. AIMEN:
Q. Can you tell me the
brand name of this video camera?
A. Sony.
Q. Officer, when you first saw Mr. Bunker, you
say he was standing in that doorway, is that
correct?
A. Yes.
Q. There were two other individuals that are
there with him, isn't that correct?
A. That's correct.
Q. I am going to show you what I am marking as
Defendant's No. 6 for identification and ask you if that shows the address of 3011?
A. Yes, it does.
Q. And it has the same
kind of Hubbard Dianetic Foundation sign over the door?
A. Yes.
Q. And you recognize this to be the entrance
that you say Mr. Bunker was standing at?
A. Yes.
Q. Now, this front
door that is in the
54
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photograph, it
swings out, is that correct?
A. Out towards the street.
Q. Towards the street.
And, officer, when that -- when you were at that front door, it
was -- you claimed that the door swung open and
Mr. Bunker was standing there?
A. Yes.
Q. I would like you to step down for a moment,
officer. I am going to show you what's
been
marked as Defendant's Exhibit No. 6. Is it fair to say that the
plastic coding is flushed to
the left-hand
corner?
A. Yes.
Q. It's flushed to
the top of the page?
A. Yes.
Q. And so, I would like you to take the red pen
again and I would like you to put an vM1' for
where you saw Mark Bunker and a liBU and a
IIW1l for Barbara and William Zizic, as to where you first saw them?
A. Well, we saw
Mr. Bunker right here at the doorway. The Zizic's, I don't know
which one was which. They were both behind them. What's their names
again?
55
-----------------------------------------------
Q. Barbara and
William?
A.
Possibly this way, these two.
Q. Since you used the eZ11 for Bunker, would
you be put a MB or BZ at the bottom?
A. Okay.
Q. The door was open, however, is that correct?
A. Yes.
Q. And so, actually
those markings would be set back a little bit because they had to
get out
of the way of the door?
A. Right.
Q. Now, officer, at
that point when you first saw Mr. Bunker, you didn't -- you told him
that he
was not welcome, is that correct,
officer. Were those the words that you used?
A. After he identified
himself, yes.
Q.
You didn't give him a direct order, get off the land, did you?
A. Not initially, no.
Q. And it's fair
to say at that point, you and your partner walked through that door
towards
Mr. Bunker, is that correct?
A. Yes.
56
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Q. So in order --
as you walked through that door, everybody that was standing at that
door
stepped backwards?
A. Yes.
Q. The last time that
-- well, the time in which you placed Mr. Bunker under arrest, are
you
saying that you placed Mr. Bunker under
arrest, I'd like you to come down here and take the red pen and put
a big ltA1l where you say you placed Mr. Bunker was under arrest?
A. It was
somewhere around here. Because of the angle, you couldn't tell. It
was right near a
meter.
THE COURT: We are
still talking about?
MS. AIMEN: Exhibit No. 6. No, Defendant 5 for
identification.
BY
MS. AIMEN:
Q. And
that place where you placed the cuffs on him was on the public
sidewalk, right?
A. Yes.
Q. That's the place you claimed that he dropped
a video camera to the ground?
A. Yes.
Q. Isn't it true, officer, that your partner,
57
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Bonifazi was
bending his thumb back, trying to get him to drop that camera to the
ground so
you could use that hand to cuff
him?
MS.
WRONKIEWICZ: Objection.
THE COURT: Overruled.
THE WITNESS: That was
not the reason that he was bending his finger back.
BY MS. AIMEN:
Q. He had the hand
that contained the camera, is that correct?
A. Yes.
Q. And that was the
hand that Bonifazi was pressing his thumb back on, isn't that
correct?
A. I
don't know what Bonifazi was doing with his hands. All I can say is
that he was assisting
me.
Q. Isn't it true,
officer, that while he was on that public sidewalk, you were yelling
at him to
turn off the camera, turn off the
camera?
A. No, I
wasn't.
Q. And
your partner was yelling at him, turn off the camera, turn off the
camera?
A. No. I
never heard that.
Q. Well, you had agree with me, officer, if
58
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that camera was
rolling, it would record the sound, the things that you told Mr.
Bunker,
right, if it was rolling?
A. Well --
Q. Hypothetically?
A. Hypothetically --
MS. WRONKIEWICZ:
Objection, Judge.
THE COURT: Sustained.
THE WITNESS:
Hypothetically.
BY
MS. AIMEN:
Q. You
would agree with me that if it had an audio component, we could have
heard what you
said?
MS. WRONKIEWICZ:
Judge, I am going to object.
THE COURT: Sustained.
BY MS. AIMEN:
Q. You would agree
with me, officer, that if that camera was rolling, it might have
captured
on its tape where Mr. Bunker was
when you first told him you are not welcome here?
MS. WRONKIEWICZ:
Objection.
THE
COURT: Sustained. Ms. Aimen, you were the one that said
hypothetically.
MS. AIMEN: Judge, I have withdrawn the term
59
-----------------------------------------------
hypothetically
since the first question.
THE COURT: I know. It is hypothetical. Ask him
another question.
BY MS. AIMEN:
Q. If that camera were rolling, officer, it
would have preserved what was happening on the
scene, isn't that right?
MS. WRONKIEWICZ:
Objection.
THE
COURT: Sustained.
BY MS. AIMEN:
Q. You testified on direct examine that Mr.
Bunker had that camera huddled against his
chest like a football, right?
A. To his side.
Q. And he was doing
that to protect that camera, correct?
MS. WRONKIEWICZ: Objection.
THE COURT: Sustained.
BY MS. AIMEN:
Q. Well, he didn't
just hand you the camera, did he, officer?
A. No.
Q. And after that
camera was no longer -- and he was twisting to get away from you,
correct?
60
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A. Correct.
Q. And all the while
that he was twisting, he had that camera huddled close to his body?
A. Yes.
Q. All in an effort to
avoid you taking that camera, correct?
A. No. I don't know what his intentions were.
Our intentions were to handcuff him.
Q. Well, after he was handcuffed, Mr. Bunker
said to you a number of times, where's my camera,
where's my camera?
A. Yes.
Q. And would you agree with me that this
reflected his desire to know the whereabouts of the
camera, correct?
MS. WRONKIEWICZ: Objection.
THE COURT: Overruled.
THE WITNESS: Yes.
BY MS. AIMEN:
Q. Now, it's fair to
say that in your five and a half years of police experience, at that
time, there are incidents where you allow a
family member or a friend to take valuable items
of an arrestee so that they won't get lost when
you are
61
-----------------------------------------------
processing
someone?
MS.
WRONKIEWICZ: Objection.
THE COURT: Overruled. He can answer it.
THE WITNESS: If the
arrestee agrees to that, yes.
BY MS. AIMEN:
Q. At no point while Mr. Bunker was on the
street, did you say, Mr. Mark Bunker, would you
like Dr. Zizic to take your camera and keep it
from YOU -- for you?
A. It's not up to me to say what to do with the
camera.
Q. You
never asked him, would you like to give your camera to Dr. Zizic?
A. No.
Q. You never asked him
if there was anyone on the street that day would you like to give
that
camera to them?
A. It is not up to me
to do that.
Q.
Well, officer, you have already said that a defendant has the right
to hand valuable items
over to someone,
isn't that correct?
A. Yes.
MS. WRONKIEWICZ: Objection. That wasn't his
62
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testimony.
THE COURT: Overruled.
BY MS. AIMEN:
Q. When Dr. Zizic had
the camera, you never went over to Mr. Bunker and said, would you
like
the doctor to keep your camera?
A. No.
Q. There is nothing
about a camera, a video camera, that goes to the elements of
criminal
trespass to land, is there?
MS. WRONKIEWICZ:
Objection, Judge.
THE COURT: Sustained.
BY MS. AIMEN:
Q. You and your
partner got a hold of the camera?
MS. WRONKIEWICZ: Objection.
BY MS. AIMEN:
Q. Your partner had
the camera?
MS.
WRONKIEWICZ: That wasn't the testimony.
THE COURT: Rephrase the question.
BY MS. AIMEN:
Q. Your partner,
Officer Bonifazi, took the camera, correct?
A. Yes.
63
-----------------------------------------------
Q. And from that
point on, that camera was in police custody?
A. Yes.
Q. And whatever was in
that camera was in police custody?
MS. WRONKIEWICZ: Objection.
THE COURT: Overruled.
THE WITNESS: If
there was something within the camera, whatever the contents of the
camera would be in police custody, yes.
BY MS. AIMEN:
Q. Those rules and
regulations that we talked about earlier, Rule 40 prohibits certain
acts,
isn't that correct, officer?
A. You have to refresh
my memory with that.
Q. Rule 40 says the failure to inventory and
process recovered property in performance with
the department rules is prohibited, isn't that
correct?
A. Right.
Q. You didn't do
an inventory form on this camera?
A. No, not personally.
Q. And you didn't
identify yourself as you said on direct examine as a police officer
until
64
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after you placed
those cuffs on Mark Bunker over by the curb on the street, correct?
MS. WRONKIEWICZ:
Objection. That wasn't his testimony.
THE COURT: Overruled. He may answer.
THE WITNESS: Yes.
MS. AIMEN: May I have
just a second, Judge?
THE COURT: Sure.
MS. AIMEN: Judge, I have no other questions of
this witness.
THE
COURT: Anything on redirect?
MS. WRONKIEWICZ: Yes, Judge. I just have a
couple of questions. One moment.
REDIRECT EXAMINATION
BY MS. WRONKIEWICZ:
Q. Counsel asked you
about your duties when you are off-duty, correct?
A. Yes.
Q. What are your
duties when you are working off-duty and you see a crime?
A. To take police
action.
Q. And
when you say take police action, what does that mean?
A. Well, it could be a
number of things from
65
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calling the police
to actually arresting someone.
Q. Now, counsel asked you if you knew that the
Zizic's were coming, correct?
A. Yes.
Q. And did you tell Mr. Zizic that he could not
enter the church?
A. No.
Q. Did you ever tell Mrs. Zizic that she
couldn't enter the church?
A. No.
Q. Do you know if that video camera was
inventoried?
A.
Yes, I do.
Q. Who
inventoried that video camera?
A. An Officer Cuddy and Arnold.
Q. And those are the
officers that arrived on the scene?
A. Two of them, yes.
Q. After you placed
the defendant under arrest, who processed them?
A. Cuddy and Arnold.
Q. When these
officers arrived on the scene, what did you do with Mr. Bunker?
A. I gave them to
Officer Cuddy.
66
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Q. And in addition
to giving the defendant to Officer Cuddy and Arnold, where would his
property go?
A. With the arresting officer.
Q. Did you arrest the
defendant for resisting arrest?
A. No.
MS. WRONKIEWICZ: Judge, can I have a moment?
THE COURT: Sure.
MS. WRONKIEWICZ:
Judge, I have nothing further.
THE COURT: Anything else?
RECROSS EXAMINATION
BY MS. AIMEN:
Q. Officer, counsel asked you when you were an
off-duty officer and what your duties were and you indicated that
sometimes it was to call 911 and sometimes it was to make an arrest?
A. Right.
Q. When Barbara Zizic,
according to you, was pulling your hair and yanking on your arm, you
didn't charge her with battery to a police officer, did you?
A. No.
67
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MS. AIMEN: No
other questions.
RECROSS EXAMINATION
BY
MS. WRONKIEWICZ:
Q. Why not?
A. It is a police officer's discretion under
circumstances. All we were trying to do was keep
Mr. Bunker out of there and my understanding is
that she got a little overreacted and then she calmed down.
Q. You didn't place
her under arrest?
A. No, I didn't.
MS. WRONKIEWICZ: Nothing further.
THE COURT: We will
take a five or ten minute break. Thank you, officer.
(A short break was taken.)
(Whereupon, the jury returns.)
THE COURT: Okay. Call
a witness.
MS.
KING: State calls Officer Ralph Bonifazi.
(Witness sworn.)
MS. KING: Good afternoon, Officer Bonifazi.
Will you please state and spell your last
name for the court reporter and the jury.
THE WITNESS: Sure.
Officer Ralph Bonifazi,
68
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B-o-n-i-f-a-z-i.
OFFICER RALPH
BONIFAZI,
called as a witness on behalf of
the People of the State of Illinois, having been first duly
sworn, was examined and testified as follows:
DIRECT EXAMINATION
BY MS. KING:
Q. Officer, will you state your star number?
A. 19459. 19th
District Gang Team.
Q. How long have you been employed with the
Chicago Police Department?
A. Six years.
Q. And on January 25th of the year 2000 at
about 5:00 or 5:30 in the evening, were you working
that day?
A. Yes.
Q. Were you working on duty or off duty about
that time?
A. Off
duty.
Q. Where
were you working?
A. At the Church of Scientology.
Q. In what capacity
were you working there?
A. Security.
69
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Q. Were you given
instructions as to your duties of security that day for the church?
A. Yes.
Q. What were the
instructions?
A.
Not to allow Mark Bunker in the Church of Scientology.
Q. At about 7:30 that
evening, can you please describe the weather and the conditions
outside?
A. It was
dark and cold.
Q.
And this was on January 25th?
A. Yes.
Q. Okay. About 7:30 that evening, were You
working with anyone else at the church that day?
A. Yes.
Q. Who were you working with?
A. Officer Floria.
Q. Where were you and
Officer Floria at 7:30?
A. Inside of the Church of Scientology.
Q. Where exactly
inside of the church were you?
A. By the door, the entrance.
Q. Did anything
unusual happen at about approximately 7:30 that evening?
A. Yes.
70
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Q. What happened?
A. The door had
opened and Mr. Bunker, as well as two other individuals, were
standing in
front of the door.
Q. When you say the
door opened, do you know which way the door opens?
A. It opens out
towards the street.
Q. When that door opened, you said that you saw
Mr. Bunker at that time?
A. Yes.
Q. Who else did you see with him, how many
people?
A. Mr. And
Mrs. William Zizic.
Q. Do you know who any of these three
individuals are at this time at 7:3O?
A. No.
Q. How did you derive who they were?
A. We had asked if you
were Mr. Bunker.
Q. And did a man by the name of Mr. Bunker
identify himself?
A. Yes, he did.
Q. Do you see the person who identified himself
as Mark Bunker in court today?
A. Yes.
71
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Q. Can You Please
point to him and identify an article of clothing that he is wearing?
A. The person at
the end of the table with the green suit.
MS. KING: Your Honor,
I ask that the record reflect the in-court identification of
the defendant?
THE COURT: He has identified him.
BY MS. KING:
Q. Backing up, you
said that you were at the door and you saw Mr. Bunker along with two
other individuals?
A. Yes.
Q. And do you know who
those two individuals are now?
A. Yes.
Q. Who are they?
A. Mr. William -- yeah, William Zizic and
Barbara Zizic.
Q.
And when they came to the door and he identified himself as Mark
Bunker, did you have a
conversation with
him?
A. Yes.
Q. And what did --
72
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MS. AIMEN:
Objection as to whom. Foundation.
THE COURT: I thought she had a conversation
with Mark Bunker but I will sustained the
objection.
MS. KING: I will rephrase the question.
BY MS. KING:
Q. When you were
standing and a man identified himself as Mark Bunker, who else was
present?
A. My partner, Officer Floria.
Q. And --
A. William Zizic and
Barbara Zizic.
Q.
And did you have a conversation with the man who identified himself
as Mark Bunker?
A.
Yes,
Q. And what
did that conversation entail?
A. We asked him if he was Mark Bunker and he
replied, yes. And shortly after, I explained
to him that he was not welcome here at the
Church of Scientology.
Q. Did he respond when you told him that he was
not welcome?
A.
Yes.
Q. The first
time that you told him that he
73
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was not welcome,
where were you standing?
A. At that time, we had exited the Church of
Scientology So we are standing on the outside
of it.
Q. Where was the defendant, Mark Bunker,
standing?
A.
Directly in front of us.
Q. When you say it was right out front, can you
describe the Church of Scientology?
A. It's a glass opening with tile on the floor.
Fairly open.
Q.
When you stepped out, where exactly was he? Were you on the tiles?
A. I was on the
tiles also.
Q. And
where in relation to the door were you?
A. On the opposite side, on the outside of the
door.
Q. Was the
door still open or closed at the time?
A. It was closed at that time.
Q. When YOU stepped
out, what did Mr. Bunker do?
A. He lifted up a camera and tried to start
74
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video, I guess,
inside of the Church of Scientology.
Q. You did see that Mr. Bunker had a camera?
A. Yes.
Q. What hand was he
holding the camera?
A. His right.
Q. After he lifted up the camera, did you have
a conversation with him at this time?
A. Yes.
Q. Where exactly were you at this time?
A. A couple of steps
just south of the door, still on the tile area of the Church of
Scientology.
Q. Where was the defendant?
A. Just directly in
front of me.
Q.
Was he still on the tile area?
A. Yes, he was.
Q. What did this conversation entail?
A. That we warned him
again that he was trespassing.
Q. And did he respond?
A. Yes.
Q. What did he say?
A. He said, it was
a free country and that he
75
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didn't have to
leave.
Q. After
his response to that, what did you and your partner do next?
A. We warned him a
third and final time.
MS. AIMEN: I am going to object to the pronoun
we .
THE COURT:
Sustained.
BY MS.
KING:
Q. If you
could describe what you did?
A. I had warned him that if he did not leave,
he would be placed into custody.
Q. What did he say to that warning?
A. He just kind of
stared. He didn't really say anything.
Q. Did he leave at that time?
A. No, he did not.
Q. After the third
warning and the defendant did not leave, what did you do or say?
A. I said, okay.
That's enough of your -- you are now in custody. YOU are under
arrest for criminal trespass.
Q. When you said that,
Officer Bonifazi, where exactly was the defendant standing?
A. He was standing
still on the tile of the
76
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Church of
Scientology.
Q.
Where about on the tile to where the sidewalk is at this time?
A. I want to say maybe
one or two steps just north of the sidewalk.
Q. But on the --
A. On the tile.
Q. When you told him
that he was under arrest, did you see what your partner did?
A. Yes.
Q. What did your
partner do?
A. He
had removed his handcuffs from his waistband.
Q. As he removed the
handcuffs, did you see what the defendant did?
A. Yes.
Q. What did the
defendant do?
A.
He began trying to back up.
Q. Okay. He backed up?
A. Yes.
Q. At this time, how
far did he back up after he saw the handcuffs?
A. To the sidewalk.
Q. On the
sidewalk, what happened on the
77
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sidewalk?
A. We began attempting
to place him under arrest and a struggle ensued.
Q . While you are
attempting to place him under arrest, did you see anything
in the defendant's hand at that time?
A. Yes.
Q . And this arrest,
the actual arrest was taking place on the sidewalk?
A. Yes.
Q . What did the
defendant have in his right hand?
A. In his right hand, he still had the video
camera.
Q . Were
you able to handcuff his right hand?
A. After a short struggle, yes.
Q . While attempting
to place his hand into cuffs, what happened?
A. The camera that he
was holding had fallen to the ground.
Q . And when it fell to the ground, where
exactly was the defendant standing?
A. He was standing now by the curbside.
Q . Okay.
78
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A. Next to a parking meter.
Q. When you saw -- did
you see where the -- what happened to the camera after it fell to
the ground?
A. Yes.
Q. What happened to it?
A. It fell into the
street by the curb.
Q. After you and your partner were able to put
his right hand into the handcuffs, did you
ever -- were you able to put his left hand into
the handcuffs?
A.
Yes.
Q. Did you
see if he had anything in left hand?
A. Yes.
Q. What did he have in left hand?
A. A cellular phone.
Q. Did you see him
doing anything with the cellular phone?
A. He was attempting to dial a number.
Q. This was after his
right hand was placed into handcuffs?
A. Yes.
Q. Were you able to put both hands in
79
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handcuffs?
A. Yes.
Q. What happened to
the cell phone?
A.
It fell to the ground also.
Q. And during the course on the sidewalk when
you are actually placing him under arrest,
did you see where the other two individuals,
the Zizic's were?
A. I saw where one of the Zizic's were, yes.
Q. Which one did
you see?
A.
Barbara Zizic.
Q.
Did you see what she was doing?
A. Yes.
Q. What was she doing?
A. She was pulling
Officer Floria's arm and hair.
Q. Did you know -- did you hear if she was
saying anything?
A. Let him go. YOU are not the police.
MS. AIMEN: Objection,
Judge.
THE COURT:
Overruled.
BY MS.
KING:
Q. Yes or
no, did YOU hear if she was saying anything?
80
-----------------------------------------------
A. Yes.
Q. Can YOU describe in
what manner she was talking?
A. A high toned, very angry.
Q. Once the defendant
was arrested, did he say anything?
A. No.
Q. Did the defendant ever refer -- after you
had him in handcuffs, what's the next
thing
that you did?
A. I
began searching for the camera.
Q. What made you search for the camera?
A. He was implying
that he wanted his camera.
Q. Where was the first place that your looked
for the camera?
A.
Right on the street by the curbside.
Q. Did you find it there?
A. No.
Q. Did you ever find
the camera?
A.
Yes.
Q. Where did
you locate the camera?
A. Mr. Zizic had it in his hands.
Q. Can you describe
how Mr. Zizic was holding the camera?
81
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A. He was holding
the camera clinched to him on the right side of his body.
Q. How far was Mr.
Zizic from you when YOU first saw him with the camera?
A. Oh, 20 feet maybe.
Q. Can you
indicate somewhere in the courtroom about how far away?
A. From where I am
sitting to maybe the third or fourth pew.
MS. KING: Your Honor,
indicating for the record about 20 feet.
THE COURT: Fine.
BY MS. KING:
Q. After you saw that
Mr. Zizic was holding the camera, did you approach him?
A. Yes, I did.
Q. What did you do
when you approached Mr. Zizic for the camera?
A. I explained to him
that that was prisoner's property and that the prisoner wanted
his property with him.
Q. Did he give you the
camera?
A. No.
Q. Did YOU ever
receive the camera?
82
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A. Yes.
Q. How did you get the
camera?
A. I
grabbed the camera by the handle and started struggling with him and
finally just
pulled it away from him.
Q. Now, I am going to
back up to when you first saw these individuals and when you first
saw the defendant, Mark Bunker, with the camera. Can you describe
that camera for the jury?
A. As far as I can remember, it was a larger
size camera with a big lens in front of it.
Q. Did you notice in
particular any lights or anything on the camera?
A. No.
Q. Did the camera have
any big spotlight in order to record things?
A. To be honest with
you, I don't recall.
Q. When you saw Mr. Zizic with the camera for
the first time, did you notice any lights or
anything on the camera?
A. No.
Q. When you took the
camera from Mr. Zizic, approximately how long did you have the
camera in your possession?
83
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A. 30 to 40
seconds, if tops.
Q. And what did you -- at that time, did you
notice anything about the camera as far as lights
or anything about the camera?
A. No.
Q. What did you do
with the camera after you retrieved it?
A. I handed it to my sergeant that was on the
scene.
Q. What's
your sergeant's name?
A. Sergeant Schloss.
Q. Can you state her
full name?
A.
Allison Schloss.
Q. And after you handed it to Allison Schloss,
you said that you had it for about
30
seconds?
A. Yes.
Q. Did you see
what she did with the camera?
A. Yes.
Q. What did she do with the camera?
A. She went to the
squad car to where Mr. Bunker was in custody and she placed it in
the
trunk of the car.
Q. Do you know whose
squad car that was?
84
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A. Yes.
Q. Whose squad car was
that?
A. Officer
Katie Cuddy.
Q.
Officer, are you a member of the Church of
Scientology?
A. No.
Q. Do you have any family members or close
friends that are members of the Church of
Scientology?
A. No.
Q. Have you ever worked for the Church of
Scientology before the date of January 25th, the
year 2000?
A. No.
Q. Have you ever worked for them after that
date?
A. Yes.
Q. When did you work
for them?
A. The
day after.
Q.
About how long did you work for them on January 26th?
A. Yes.
Q. About how long did
you work for them then?
A. Approximately, an hour and a half to two
85
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hours tops.
Q. How many checks
have you received from the Church of Scientology?
A. Two.
Q. Have you worked for
them since January 26th, the year 2000?
A. Absolutely not.
Q. Have they asked to you work for them since
January 26th, the year 2000?
A. On many occasions.
Q. Have you agreed to
work for them?
A.
Absolutely not.
MS. KING: Just a second, Your Honor.
THE COURT: Okay.
BY MS. KING.
Q. We are going to go
back to where you were searching for the camera?
A. Okay.
Q. Can you describe
the scene at that time about how many people were there?
A. I would say there
were 40 to 50 people there.
Q. How long did it take you to locate the
camera?
86
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A. About six or
seven minutes.
Q.
And these 40 or 50 people there at the scene, can you describe where
they were located
in relation to where you
were and Mr. Zizic or Dr. Zizic was?
A. I am sorry, could you repeat the question.
Q. Can you
describe where the 40 or 50 people were standing and how the scene
looked for the jury?
A. Yeah. They were pretty much standing all
around us in like a semicircle.
Q. Okay. And did -- was there any people in
between you and where Mr. Zizic was standing?
A. No.
Q. Where exactly were
you in relation to where the church is when you first saw Mr. Zizic?
A. I was directly
in front of the church by the curbside when we just apprehended Mr.
Bunker.
Q. Okay.
And then, where exactly was Mr. Zizic standing?
A. He was north of --
no. He was south of me in the second entrance of the Church of
Scientology.
Q. So you are describing two entrances to the
87
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Church of
Scientology?
A.
Right.
Q. At what
entrance would you say that you saw Mark Bunker in?
A. The north entrance.
Q. Where did you
see Mr. Zizic standing with the camera?
A. By the south entrance.
Q. And again, you
related that's about 20 feet?
A. Yes.
MS. KING: Just a second, Your Honor.
THE COURT: Okay.
MS. KING: Nothing
further, Your Honor, at this time.
THE COURT: Any questions?
CROSS EXAMINATION
BY MS. AIMEN:
Q. Good afternoon, officer.
A. How are you?
Q. Okay. Yourself?
A. Good.
Q. Officer, you have
been a Chicago police officer for about five and a half years
when this
88
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event took place?
A. Correct.
Q. And have you and
Officer Floria been partners all of those years?
A. No. We work on the
same gang team together.
Q. This wasn't a gang incident at the Church of
Scientology, was it, officer?
A. No.
Q. You are not saying that Mr. Bunker is a
member of any gang, are you?
MS. WRONKIEWICZ: Objection.
THE COURT: You may
answer.
THE
WITNESS: Whether he is or not, I have no idea.
BY MS. AIMEN:
Q. Did you run a
background check on him after you arrested him?
A. No.
Q. You were hired by
the Church of Scientology on the night of January 25th, is that
correct?
A. That's correct.
Q. And you were hired to work security for
89
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them, is that
right?
A. That's
correct.
Q. You
were paid for your work there?
A. Yes.
Q. You were paid after the evening was over?
A. Yes.
Q. You were paid with
two pay checks for that night, is that correct?
A. No. That's not
correct.
Q. I am
going to show you what's been marked as Defendant's Group Exhibit
No. 4 and ask
you to look at the two page
document and tell me how many checks are made out to you?
A. Two.
Q. And both of those
were for the evening of your work at the Church of Scientology on
the
25th, is that correct?
A. No.
Q. Which check was for
your work the night of January 25th?
A. The one that's dated the 25th of January,
2000.
Q. How much
were you paid for that night?
A. $125.
90
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Q . Is that the
same amount that your partner was paid?
A. Yes.
Q. When you went to work there that night, you
weren't in uniform, correct?
A. That's correct.
Q. You were in plain clothes?
A. Correct.
Q . And dressed the
way you are now?
A. No.
Q. You didn't have a tie on, did you?
A. No.
Q . Didn't have a
white shirt on either, did you?
A. No.
Q . You weren't wearing any piece of clothing
that identified you as a member of the
Church of Scientology?
A. Was I wearing?
Q . You were not
wearing anything that said Church of Scientology on it?
A. No.
Q. You didn't have any
article of clothing on you that said security, Church of
Scientology?
91
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A. No.
Q. When you got to the
door -- when you say Mr. Bunker arrived at the door -- well, let me
first ask you, I am going to show you
what's been marked as Defendant's No. 6 for identification
and ask you if you recognize this entrance?
A. Yes.
Q. Is this the
entrance way behind the door where you were standing?
A. Yes.
Q. And this address is
3011 Lincoln, is that correct?
A. Yes.
Q. You and your partner were standing behind
this door initially?
A. Correct.
Q. And how long, officer, had you been standing
behind that door that night?
A. From the time we got there, to the time that
Mr. Bunker and the Zizic's arrived.
Q. How long would that be?
A. Anywhere between
5:30 and 7:30, about two hours approximately.
Q. You stood behind
that door for two and a
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half hours?
A. Yes.
Q. You had been told
that there were going to be two people arriving that you were going
to
let through the door, isn't that
correct?
A. That's
correct.
Q. You
were told that they were Dr. William Zizic, is that correct?
A. Yes.
Q. And Dr. Barbara
Zizic?
A. Correct.
Q. Were you also
told that a third person might be with them, correct?
A. Correct.
Q. And that third
person was usually known to carry a camera, isn't that right?
A. That's right.
Q. He was known as a
cameraman, correct?
A. If you want to refer to him as that, yes.
Q. I am going to
show you a camera?
A. Okay.
Q. Can you tell me what the brand of this
camera is?
A.
Sony.
93
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Q. Does this look
like the camera that Mr. Bunker had in his hand that night?
A. Something similar
to that, yeah.
Q.
You were the person who recovered this camera ultimately, is that
correct?
A. Right.
Q. And it's a
fairly heavy camera, correct. I would like you to pick it up and
tell me
if it weighs about the same?
A. I can't tell you if
it was the same amount that same night.
Q. Is it generally the same size of the camera?
A. Yes.
Q. That you recovered
that night?
A.
Yes.
Q. At one
point, you testified on direct that Mr. Bunker had this up as if he
were filming
through it at the door?
MS. KING: Objection,
Your Honor. That wasn't his testimony.
THE COURT: Sustained.
BY MS. AIMEN:
Q. Mr. Bunker had this
camera raised when you
94
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came into contact
with him the first time?
A. No.
Q. At some point during your contact with him,
is it fair to say that he had the camera in
the filming position?
A. Yes.
Q. And the people at
Scientology told you that they didn't want any pictures of their
church,
didn't they?
A. I don't recall that
conversation. They just stated that they didn't want Mark Bunker
inside of the Church of Scientology.
Q. When you got to the
Church of Scientology, were there any signs in the windows that
said, Mark Bunker stay out?
A. No.
Q. Were there my signs that said, notice, some
people not wanted?
A. No.
Q. Were there any signs that indicated to Mark
Bunker not to come into that facility, signs,
officer?
A. No, signs.
95
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would and you get
to pick which color you want to be. Your partner has chosen red by
default?
A. I like
blue.
Q. Take the
blue one. If you would, sir, take that pen and write Mark MB for
Mark Bunker in
blue where you first saw him
standing.
MS.
AIMEN: Indicating for the record, he has taken the initials MB and
circled it on
Defendant's Exhibit No. 6 for
identification.
BY
MS. AIMEN:
Q. And
could you take the blue pen and show me by initials BZ and WZ where
the Zizic's stood in
your memory in
relation to Mr. Bunker?
A. I don't recall in what order they were
standing so if I draw, I will draw Z.
Q. Put the Z where you think the Zizic's were.
So to the best of your recollection, you
can't recall who was standing where?
A. In which order, I
can't remember.
Q.
That's where they were the initial time when you greeted them at the
door, is that correct?
A. Right.
Q. And subsequently, everybody stepped
backwards, is that right?
96
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A. Correct.
Q. They stepped backwards, not once but twice,
isn't that right?
A. About three times.
Q. Three times they
stepped back from that door?
A. Right.
Q. You may sit down, officer.
A. Thanks.
Q. When you testified
that you were the person who said, that's it, you are under
arrest, is that correct?
A. Yes.
Q. And at that point,
Mr. Bunker had that camera in his hand, correct?
A. That's correct.
Q. And he was twisting
and turning that camera so that you couldn't get your hands on it,
isn't that right?
A. I believe, he was
twisting and turning so we wouldn't place him into custody.
Q. He had the camera
in his hand, officer?
A. Yes.
Q. At one point, he had it to his side like a
97
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football?
A. Right.
Q. Later, he asked you
where's my camera, where's my camera. He said that a number of
times,
isn't that right?
A. Yeah. He was asking
for his camera, yes.
Q. He was very concerned about where his camera
was, correct?
A.
Yes.
Q. Now, you
said on direct examine that it was prisoner's property and the
prisoner wanted
it. That's what you told
Dr. William Zizic, is that correct?
A. That's correct.
Q. But you didn't hand that camera back to Mr.
Bunker as you were putting him in the squad
car, did you?
A. No.
Q. You didn't let him remove any contents from
that camera before you put it in the back of
the squad car either, did you?
A. No, I did not.
Q. You didn't ask Mr.
Bunker, Mr. Bunker would you like Dr. Zizic to keep your camera
while
98
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we take you into
custody?
A. No.
Q. You didn't ask
him anything close to that, did you?
A. No.
Q. In fact, you had no conversation with Mark
Bunker about do you want someone to take care
of your camera because we are taking you in?
A. It was his
property and I believed he wanted his property. He was asking for
it.
Q. Did you
give it to him when he was asked for it?
A. It was placed into
the squad car where he was, yes.
Q. Did you give it to him, officer?
A. No.
Q. When he asked for
it?
A. No.
Q. I am going to show
you what's been previously marked as Defendant's Exhibit No. 5 for
identification and ask you whether in fact
that shows the two entrance ways that you testified
to on direct examine?
A. Yes.
99
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Q. And we are in
agreement that the zizic's and Mr. Bunker were standing at the north
door, is
that correct, when you initially
saw them?
A. Yes.
Q. According to
your testimony?
A.
Yes.
Q. I would
like you to step down here and take that blue pen off the podium and
mark on
Defendant's 6 for identification
where was it that you ultimately placed Mr. Bunker into custody?
A. Well, the curb is
not on here so I am going to draw a little thing here.
Q. Why don't you put
an NAM for arrest?
A. Okay.
Q. And you are doing that in a blue pen by the
second meter that's on that street?
A. Right. But there is part of that picture
that is missing. There is a curb that would be
right here. We arrested him by the curb side.
Q. Was he in the
street or standing by the curb when you arrested him?
A. He was standing
right by the edge of the curb. There is another meter right here,
next to
the meter.
100
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Q. SO it's fair to
say that he was on the public sidewalk when you were putting those
cuffs
on him?
MS. WRONKIEWICZ: Objection.
THE COURT: Overruled.
THE WITNESS: Yeah.
He was on the public sidewalk.
BY MS. AIMEN:
Q. Thank you.
A. You want me to sit down again?
Q. Yes, please. Now,
it was by that 'IA" that you marked on that picture where you
attempted to
put the cuffs on Bunker, is
that correct?
A.
Correct.
Q. And it
was at that point that you attempted to pry that camera out of his
hand, isn't
that right?
A. No. That's not
right.
Q. You
grabbed his right thumb and pulled it back to get him to release
that camera?
A.
No, no. That's not correct at all.
Q. SO it's your testimony that this man who is
so concerned about his camera just dropped his
camera to the ground?
101
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A. Sure, yes.
Q. And we would agree
that a camera like that is delicate equipment, wouldn't you say I
officer?
A. Well,
the size of that camera, I don't know how delicate it is or I am not
sure.
Q. And as he
tried to flip open that cell phone, he was saying to you, I want to
know what
district you are from, officer.
Let me just make a phone call, isn't that correct?
A. I don't recall.
Q. At the point where
you were trying to cuff him, he was trying to figure out who you
were,
isn't that fair to say?
A. No. He wasn't
trying to figure it out. We explained to him who we were.
Q. YOU explained to
him who you were after you were putting the cuffs on him, isn't that
correct, officer?
A. Yeah. That's
correct.
MS.
AIMEN: Can I have just a second, Judge. 1 have no other questions of
this witness. Thank
you.
THE COURT: Thank you.
REDIRECT
EXAMINATION
102
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BY MS. KING:
Q. Officer, YOU testified that the two people
with them, the Zizic's were allowed in the church,
correct?
A. Yes, they were.
Q. It was your instruction the only person not
allowed was Mark Bunker?
A. Correct.
Q. Correct.
A. Yes.
Q. And when Mark Bunker arrived there, the
defense described him as a cameraman?
A. Yes.
Q. Did he show you a press pass that day?
A. No.
Q. Did he tell you
that he was with any news organization, any radio station or any TV
station?
A. No.
Q. When he was
saying -- the defense also asked you, where's my camera. He did
sound very
concerned as they suggested?
A. He sounded
concerned.
Q. And
that's why you went to look for the camera?
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A. Right.
Q. Why didn't you hand
the camera to Mr. Bunker when he was in the squad car?
A. Because he was in
custody. By our rules and regulations, he is not allowed to carry
that
stuff in a police station or anything
else. It's suppose to be inventoried.
Q. Okay. And you stated on with the defense
questioning that he was on the sidewalk when he was being
handcuffed?
A.
Yes.
Q. Where
exactly was he when you told him that he was under arrest?
A. He was on the
property of the Church of Scientology.
Q. Where was he when Officer Floria first took
out his handcuffs?
A. On the property of the Church of
Scientology.
Q.
Going back to the camera and the camera dropped, why did you think
the camera dropped?
MS. AIMEN: Objection. As to why he thinks it
dropped.
THE
COURT: Overruled.
104
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THE WITNESS: I
think it dropped because we were placing him into custody and he let
go of the camera.
BY MS. KING:
Q. When you had the camera in your custody, did
you notice any damage to the camera?
A. No.
Q. When you had the camera in your custody, did
you ever remove anything from that camera?
A. No.
Q. And when you gave
that camera to Sergeant Schloss, did you watch her with it the
entire time?
A.
Yes.
Q. Where did
you see her put the camera?
A. In the trunk of the vehicle where Mr. Bunker
was sitting.
Q.
Did you ever see Sergeant Schloss remove anything from that camera?
A. No.
MS. KING: No further
questions, Your Honor.
THE COURT: Anything else based on that?
MS. AIMEN: No, Judge.
THE COURT: Thanks,
officer. Let's take a few minute break here and see if we have some
business
105
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that we can
accomplish.
(Whereupon, the jury was
excused.)
THE
COURT: Okay, state.
MS. WRONKIEWICZ: We are going to ask that
People's -- the identification marks be stricken
off of People's Exhibit No. 1 and that it be
entered into evidence.
THE COURT: What's People's 1. I know it is a
photo but which photo?
MS. WRONKIEWICZ: We only have one photo.
THE COURT: Any
objection?
MR. DE
VLAMING: None.
MS.
AIMEN: None.
MS.
WRONKIEWICZ: Should I give it to you for now?
THE COURT: Well --MS.
KING: We can keep it for now.
THE COURT: Put it up over there on the pulpit
and try not to get them all confused.
MS. WRONKIEWICZ: With that, the state will rest
its case-in-chief.
THE COURT: I will let you rest again in front
of the jury. I wanted to get this out of the way.
State having rested.
106
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MS. AIMEN: We have
a motion for a directed finding.
MR. DE VLAMING: Are we ready for motions?
THE COURT: Sure.
MR. DE VLAMING: Judge,
at this time, Mr. Bunker would request the court to direct a
motion for directed judgment of acquittal, It
alleges that the state has failed to establish a
prima facie case.
They have to require that he had been given adequate notice to
leave the premises and
that has not been
established by the evidence in
this case.
Secondly, every witness who testified on behalf of the state, as
far as the law enforcement
is concerned, is
saying that they were given notice that he was not to be allowed
into the Church of Scientology.
This record is devoid that he every went into the Church of
Scientology building. I think,
they have
failed to meet their burden.
THE COURT: No. The state at this time, the
question is whether they built a prima facie case
and looking at their evidence in the most
favorable
107
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fashion, I find
that they have and I find that there is a question of fact for the
trier of fact
to determine and so your
motion is denied. So will you be ready to proceed?
MS. AIMEN: Do you want
to do jury instructions now?
THE COURT: I will do jury instructions when we
get their lunch here for the jurors. If you got
some witnesses, let's hear them.
MR. DE VLAMING: We
have a witness we can go forward with. I think, we intend to call
three witnesses. One is here in the hallway. The other one is at
their dentist office. They tell me that they are 12 minutes away. Do
you want to do them now?
THE COURT: Who is the witness that you want to
call right now?
MR. DE VLAMING: That's a private investigator
that he is going to get several things into
evidence and talk about the size of the entry
way.
MS.
WRONKIEWICZ: Judge, we are to ask for a proffer, especially what is
he going to testify to because he was --24 THE COURT: He is going to
testify about
108
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physical evidence
so that's no problem. So let's do him now. Bring in the jury.
(Whereupon, the jury reenters.)
THE COURT: State, are
you resting?
MS.
WRONKIEWICZ: Yes, Judge. With the entry of our exhibit in evidence,
the state would rest.
THE COURT: You may proceed.
MS. AIMEN: We call Mr.
Jackson, please.
(Witness sworn.)
MS. AIMEN: Good
afternoon.
THE
WITNESS: Good afternoon.
MS. AIMEN: Will you state your full name and
spell your last name for both the court reporter
and the jury.
THE WITNESS: David Jackson, J-a-c-k-s-o-n.
DAVID JACKSON, called as a witness on behalf of the Defendant,
having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION
BY MS. AIMEN:
Q. Mr. Jackson, what do you do for a living?
A. I am a private
detective.
Q. Do
you run an agency of any sort?
109
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A. I do. I own a
private detective firm.
Q. What is the name of that company?
A. Shades Services.
Q. Could you spell
that, please?
A.
S-h-a-d-e-s.
Q.
And how long have you owned and operated Shades Services?
A. I have owned an
operated Shades Services since 1988.
Q. Do you hold any educational degrees?
A. I do.
Q. And could you tell
the ladies and gentlemen of the jury, what those degrees are?
A. I have a high
school diploma. I have a bachelors degree in criminal justice and
corrections.
Q. Where is that from?
A. Northeastern
Illinois University.
Q. When did you receive that degree?
A. I received that
degree in 1980.
Q.
Do you have any further degrees?
A. I do not.
Q. Have you taken any educational classes?
A. I have.
110
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Q. Beyond college
level?
A. Yes.
Q. And where have you
taken those classes and what kind of classes have you taken?
A. I have taken
classes at the Illinois Institute of Technology, Chicago Kent
College of
Law.
Q. How many hours did
you complete there?
A. I think, approximately 30 hours.
Q. Anywhere else?
A. Yes. I also
completed approximately 16 hours with the correctional management,
masters
programs at Chicago State
University.
MS.
KING: Your Honor, we need to object and approached at this time.
THE COURT: Pardon?
MS. KING: We need is
to object.
THE
COURT: Side-bar.
(The following proceedings
were had in open court out of the hearing of the jury:)
MS. KING: Okay. They
are setting down foundation and qualifications as to calling him as
an expert with his educational background.
They
111
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didn't give us a
curriculum vitae, never gave us notice that he would be qualified as
an expert.
We were never given notice as to
him being an expert witness.
MS. AIMEN: He is going to testify to what he
did at the scene and he is certainly entitled to
tell the court what his back grounds is.
THE COURT: Tell me
what he did at the scene.
BY MS. AIMEN:
Q. Mr. Jackson, at some point in time, were you
contacted to work on the Mark Bunker case?
A. I was.
Q. And in what
capacity were you contacted?
A. I was contacted by your office to do some
investigation work in this matter.
Q. Do you recall what you asked to do in the
way of investigation on this case?
A. Yes. I was asked to go to a particular
location in Chicago and take some photographs of a
sidewalk area. I have been asked to issue some
subpoenas and do some measurements.
Q. Do you recall where the scene was that you
visited?
A. I do.
112
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Q. Where is that,
sir?
A. It's 3011
North Lincoln Avenue in Chicago.
Q. And would that be the Church of Scientology?
A. Yes.
Q. Showing you what's
been marked previously marked as Defendant's Exhibit No. 6 for
identification and ask you whether this
reflects the entrance way of the Church of Scientology?
A. Yes.
Q. And is this one of
the photographs that you took?
A. It is.
Q. Does it truly and accurately reflect the
address of 3011 Lincoln Avenue?
A. It does.
Q. Do you recall when you took this photograph?
A. It was July 24,
2000.
Q. Showing
you what has been previously marked as Defendant's Exhibit No. 5 for
identification. I ask you whether you
recognize this photo?
A. I do.
113
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Q. What does this
photo depict?
A.
This photo depicts the sidewalk and the side of the building located
at 3011 North
Lincoln Avenue.
Q. Did you also take
this picture?
A. I
did.
Q. Did you
take it on the same date?
A. Yes.
Q. Does it truly and accurately depict the way
the scene looked in July of 2000?
A. Yes, it does.
Q. With respect to the entrance ways on
Defendant's Exhibit No. 5 for identification, are
there in fact two entrances?
A. They are.
Q. And what is
delineated that's significant, if you will, about the entrance way
-- entrance
ways of this structure?
A. Well, both the
entrance ways in question is an open entrance way.
Q. And there is gray
tile, correct?
A.
Correct.
Q. That
leads up to the door?
A. Yes.
114
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Q. And is it fair
to say that both of the doors are set back off the public sidewalk?
A. Yes. They are
set back.
Q. From
your memory of the scene, would you say that both of those doors are
set back at equal distance?
A. Yes.
Q. Do you recall the address of the second
entrance way?
A.
Yes.
Q. Not
depicted in Defendant's No. 6 for identification?
A. Yes. It was 3009
North Lincoln Avenue.
Q. While you were present at the scene, did
something unusual take place while you were
photographing pictures?
A. Yes.
Q. And can you explain
to the ladies and gentlemen of the jury, what happened while you
were
at the scene?
MS. WRONKIEWICZ:
Objection.
THE
COURT: Let's have side-bar.
(The following
proceedings were had in open court out of the hearing
115
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of the jury:)
MS. WRONKIEWICZ: He is
suppose to be testifying to measurements and the scene and he
getting off focus. He is talking about
something not relevant.
THE COURT: Where are you going?
MS. AIMEN: I was
waiting for her to finish. I am going to the fact that while he was
at
the scene, a number of people came out
of the church.
MS.
KING: Your Honor, could we ask her to lower her voice.
MS. AIMEN: -- started
photographing him and taking photographs and one of them is the
complaining witness who has signed the
complaint in this matter on behalf of the Church.
MS. WRONKIEWICZ: Could
you keep your voice down.
MS. AIMEN: And the picture taking photographs.
THE COURT: The
objection is sustained. He is not going into that. He is going in
measurement.
BY
MS. AIMEN:
Q. Mr.
Jackson, while you were -- how many trips did you take to the
address at 3011 North
116
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Lincoln?
A. Two trips.
Q. And during one of
those trips, did you have the occasion to measure the area
surrounding the
entrance way of 3011?
A. I did.
Q. 1 am going to ask
you to step down. If you would and take a look at this picture that
you
took, Defendant's No. 6 and ask you to
explain to the ladies and gentlemen of the jury, if you can, what
the measurements were that you --MS. KING: We are objecting at this
time and asking that all previously marking be removed from the
exhibit. She say showing him previously marked
exhibits and I ask to have the papers removed
from them.
THE
COURT: The transparencies, move them up.
MS. AIMEN: Judge, I am
not asking the same questions but I will be happy to do that.
BY MS. AIMEN:
Q. Mr. Jackson, if you
would, could you explain to the ladies and gentlemen of the jury,
what you measured?
A. Yes. I went out to
the scene on the
117
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second occasion
and took some basic measurements.
Q. What did you use, sir, to do the
measurement?
A. A
standard tape measure.
Q. Do you have that tape measure with you
today?
A. Yes.
Q. Would you show the
ladies and gentlemen of the jury that tape measure?
A. Standard 20 foot
tape measure.
Q.
Is that, in fact, the tape measure that you used?
A. No. It is a
different tape measure but it is identical.
Q. And could you
describe to the ladies and gentlemen of the jury how you went
about -- measurements you took and what the
actual measurements are?
A. Basically, I took some measurements
measuring the depth of the entrance way which is an
east-west direction in Chicago.
Q. By entrance way,
what are you describing. What are the parameters that you used?
A. I don't know if you
can see this. There
118
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is a line at the
base of the photographs that marks where the sidewalk ends and it is
adjoined to a tile, gray and blue tile flooring.
Q. Let me turn your
attention to Defendant's Exhibit No. 5 for identification, does that
more
clearly delineate the line that you
are speaking of?
A. Can I hold it?
Q. Sure.
A. Basically, I took measurements. I took
measurements of the entrance way foyer there,
measurements also of the sidewalk from the
property line to the curb and also the width of the entrance way.
Q. And could you
tell the ladies and gentlemen of the jury what the length from the
door
to what you believed was the property
line. What the distance of that was, if you can do that from memory?
A. It was 9 feet,
3 inches, if I recall correctly.
Q. Can you -- did you do a measurement at the
doorway? How wide is that doorway entrance?
A. Yeah. Because I
could approach right up
119
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to the door, I got
the back of the door and I did measure that. That was approximately
four and a half feet in width.
MS. AIMEN: Indicating, Judge a step back -- a
step forward, actually, from the door from one
window to the next at the entrance way of 3011.
THE WITNESS:
Correct.
BY MS.
AIMEN:
Q. About
how many feet back from the door would you say you took that
measurement?
A. I
was about two feet.
Q. And at that distance, it's how wide?
A. Four and a half
feet.
Q. Can you
tell me the length from the property line to the curb line. Were you
able to
take that measurement?
A. I was.
Q. And showing the
bottom of Exhibit No. 6?
A. The bottom photograph, I took a measurement.
Q. Could you
identify it on the back?
A. This is Exhibit -- Defendant's Exhibit No.
5. I took a measurement from the property line
out to the curb. You actually can't see the
curb
120
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in this photograph
which was 12 feet-.
Q. Have a seat, sir. Thank you.
A. Sure.
Q. What I would like
you to do, if I can move this, I would like YOU to take your tape
measure at this time pretending?
A. Can I step down, Judge?
THE COURT: What are
you going to do?
MS. AIMEN: Judge, I would like him to outline
the distance so the jury could have a visual aid.
THE COURT: State, any
objection?
MS.
WRONKIEWICZ: I am sorry.
MS. KING: None.
THE COURT: Go ahead. And do it.
BY MS. AIMEN:
Q. Using the outside
of the jury box, I would like you to step down and if you would
measure first the four feet from whatever inches you said it was at
the place where the door opens. You have a diagram?
A. Yes.
Q. Maybe you can use
it where the tape is. Can you set it out so they can see.
A. I think the people
in front might have to
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stand.
Q. The beginning point
is this yellow marker that's flushed to the --A. Correct.
Q. Tape measure. The
ending point is which part of that yellow sticker?
A. So you have the
inside that's four and a half feet.
Q. Could you mark on that end. And that's the
part that's closest to where the door opens, is
that correct?
A. Correct.
Q. The door is not four and a half feet?
A. No. The door is
not. I was actually two feet back from the door, trying to get the
entrance
way. It is a standard door.
Q. Now, if you would
do the measurement from the door considering that the railing here
is where the door would be to the property line?
A. Correct.
Q. And, I think, I
misspoke before. I think it is nine feet, four inches. I think, I
said nine
feet, three inches.
MS. AIMEN: Judge, the
record should indicate
122
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that Mr. Jackson
is taking a tape measure and --
MS. KING: What are you marking?
THE WITNESS: Nine
feet.
MS. AIMEN:
-- from the jury box railing up to the middle of the courtroom.
BY MS. AIMEN:
Q. That was how far?
A. Nine feet, four
inches.
Q. Very
good. And then, your next measurement was from that line to the
street, is
that correct?
A. Correct.
Q. And how many feet
was that?
A. That
was another 12 feet, which would have been north. I don't think we
got 12 feet there.
Q. Could you measure and tell us how much room
we do have from that point to the wall?
A. Sure.
MS. KING: Sir, it would be 12 feet.
THE WITNESS: It's 12
feet wide.
MS.
KING: Okay. Nothing, Your Honor.
BY MS. AIMEN:
Q. Mr. Jackson, from the property line to the
curb?
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A. 12 feet.
Q. In width?
A. In width.
Q. Across the sidewalk?
A. Correct.
Q. HOW many feet do we
have here to the wall?
A. We have nine feet, six inches.
Q. So we are shy of
approximately?
A.
Two and a half feet.
Q. Two and a half?
A. Yes.
Q. Beyond the wall?
A. Correct.
Q. And, Mr. Jackson,
if you could, could you at the property line, could you measure the
distance in width from one window to the
next?
A. I did.
Q. From where the
gray tile ends and the common sidewalk begins?
A. Correct.
Q. How far was that,
sir?
A. 14 feet, 3
inches.
Q. 14
feet, 3 inches.
A.
so from essentially in front of the
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judge's bench to
this location.
Q.
Could you put a yellow sticker, sir. Do you have them with you?
A. Yes.
Q. Where that ends.
And again, that was the width from what to what?
A. That was the width
from the one end of the opening to the beginning of the doorway to
3011 to the other end.
Q. And showing --
let's look at Defendant's Exhibit?
A. Referring to.
Q. No. 5?
A. Defendant's Exhibit No. 5, the 14 feet, 3
inches, can everyone see. What I am describing
is essentially from this point to this point in
terms of the width.
Q. And those two sides are equal on the
entrance way?
A.
Correct. The door follows into the door.
Q. Would you take your
pen?
A. Yes.
Q. And mark the
markings on here if you can, the dimensions that you now recorded in
this
125
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courtroom?
A. Okay.
Q. In terms of the
width?
A. You want
to do the sidewalk also?
Q. Yes, please.
A. I did not put the door in. You really can't
see the door.
Q.
So a review for the jury, this diagram is Defendant's No. 5?
A. Yes.
Q. The measurements
again are?
A. The
measurements from the property line, total width of the sidewalk to
the end
of the curb is 12 feet. The
entrance way beginning at the tile wall to the tile wall
is 14 feet, 3 inches. The depth or length is 9
feet 4 inches.
Q.
And the 4 inches is from the doorway to the end of the gray tile?
A. Actually --
Q. To the concrete?
A. To the
concrete.
Q.
Correct?
A. And
actually, I wrote door 4 feet, 6 inches and at that was wall to
wall,
126
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MS. AIMEN: I have
no further questions. Thank you, Mr. Jackson.
CROSS EXAMINATION
BY MS. WRONKIEWICZ:
Q. Mr. Jackson, you
were hired by the defendant's attorney in this case, correct?
A. Correct.
Q. And what month did
you say you were hired in?
A. July.
Q. July of?
A. 2000.
Q. And you are being paid for your services,
correct?
A. Yes.
Q. And how much
are you being paid for your services?
MS. AIMEN: Objection.
THE COURT: Overruled.
THE WITNESS:
Hourly?
BY MS.
WRONKIEWICZ:
Q.
Yes.
A. It's 75 to
$100 and up.
Q.
Approximately, how many hours have you
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worked for the
defendant?
A. I
think, it's somewhere around seven hours.
Q. Seven hours total?
A. Total.
MS. WRONKIEWICZ:
Judge, May I have a moment?
THE COURT: Sure.
MS. WRONKIEWICZ: I have nothing further, Judge.
MS. AIMEN: Thank
you, Mr. Jackson.
THE COURT: Thank you. Any other witnesses?
MR. DE VLAMING: Yes,
we are ready, Judge. I will call Dr. William Zizic to the
stand, please.
THE COURT: Sir, step up here, will you please.
Face me, if you would.
(Witness sworn.)
THE COURT: Proceed.
MR. DE VLAMING:
Tell us your name, please.
THE WITNESS: Dr. William R. Zizic, Z-i-z-i-c.
DR. WILLIAM R. ZIZIC,
called as a witness on behalf of the Defendant,
having been first duly sworn, was examined
and
testified as follows:
DIRECT EXAMINATION
128
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BY MR. DE VLAMING:
Q. Where do you reside, Dr. Zizic?
A. In Chicago,
Illinois.
Q. And
you are a doctor of what?
A. Dentistry.
Q. How long have you been a doctor of
dentistry?
A. 35
years.
Q. And are
you married?
A.
Yes, I am.
Q. And
your wife's first name is?
A. Barbara.
Q. She is also a doctor of dentistry?
A. Yes, she is.
Q. You practice that
specialty together?
A. Yes, we do.
Q. Dr. Zizic, were you one time a member of the
Church of Scientology?
A. Yes.
Q. And can you tell me approximately over what
span of time you were a member of the church?
A. Since '97, '96,
'97.
Q. Was there
a time that you wanted to leave the Church of Scientology?
129
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A. Yes.
Q. And specifically,
had you given that church a certain amount of money?
A. Yes, we did.
Q. For what purpose
was the money given?
A. For courses.
Q. For courses?
A. And training.
Q. Approximately, how much money are we talking
about?
A.
$130,000.
Q. Was
there a time that you had made a request for the return of money
from the
Church of Scientology?
A. Yes.
Q. And approximately
how long did you make an effort to return of money that was due to
you?
MS. WRONKIEWICZ: Objection.
THE COURT: Sustained.
THE WITNESS: About
'97, about three years.
THE COURT: Sustained.
BY MR. DE VLAMING:
Q. Were you able to
get your money back?
A. Yes. Now, we did.
130
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Q. Let me rephrase
the question. Up until the time of the 25th of January, 2000, before
Mr. Bunker came to town, were YOU able to
get the money back?
A. No.
Q. In an effort to be able to get money back
that was due to you, did you take any action or
make any phone calls?
A. Yes, we did.
Q. And who did you
contact?
A. We
contacted Mr. Jim Bebe from the network.
Q. From the what?
MS. WRONKIEWICZ: I am
sorry. I did hear it.
THE WITNESS: Cann, which is Warner network.
BY MR. DE VLAMING:
Q. HOW did you
eventually get to Mr. Bunker?
A. Through his referral.
Q. Did you have a
conversation with the organization that Mr. Bunker works for?
MS. WRONKIEWICZ:
Objection, Judge.
THE COURT: Sustained.
By MR. DE VLAMING:
Q. Well, how did you
contact Mr. Bunker, tell
131
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us that?
A. 1 was given his
phone number from Mr. Jim Bebe.
Q. And did you make contact with him?
A. Yes, I did.
Q. And was -- were
there any arrangements made for Mr. Bunker to come to the City of
Chicago?
A. Yes.
We had asked him to come to Chicago.
Q. For what purpose was that?
A. To help us get our
money back.
Q. And
did you meet with Mr. Bunker on the 25th of January?
A. Yes.
Q. Had you met with
him before that time?
A. No. That was the first time that I met him.
Q. Okay. And on
the 25th of January, did he have equipment with him; that is,
photographic
equipment, videotaping
equipment?
A. Yes,
he did.
Q. Was
there a time that day that you were -- they had a microphone placed
upon You?
A. Yes.
We did an interview earlier.
Q. That's what I was getting to. Earlier in
132
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the day, You did
an interview or Mr. Bunker did of you and your wife?
A. That's right.
Q. And did he have
with him a video camera for that purpose?
A. Yes, he did.
Q. What was the
purpose of that interview?
MS. WRONKIEWICZ: Objection.
THE COURT: Sustained.
BY MR. DE VLAMING:
Q. After the
interview -- first of all, did you see him load the camera with tape
for that purpose?
A. Yes, I did.
Q. And when he was
taping, did you notice anything about the camera whether it was
turned on?
A. The
red light was turned on.
MS. WRONKIEWICZ: Objection.
THE COURT: Overruled.
BY MR. DE VLAMING:
Q. He was filming.
I didn't hear you?
A. The red light was on when the camera was on.
Q. And had YOU had
a prearranged meeting to
133
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be able to go to
the Church of Scientology in order to discuss this money issue?
A. Yes, I did.
Q. And approximately
what time was that?
A. 7:30 in the evening.
Q. Were You going to
bring Mr. Bunker with you?
A. Yes.
Q. Why?
A. We were going to ask permission if it was
all right if he came to tape the interview.
Q. The interview. You
mean, the interview so that you could obtain the money back?
A. I asked for the
money back, yes.
Q. Did you -- and your wife accompany you?
A. Yes.
Q. Did you, in fact,
did Mr. Bunker go to the area of 3011 North Lincoln Avenue?
A. Yes, we did.
Q. Tell US what
happened when you first arrived?
A. There were people on the street uP and down
South Port and Lincoln Avenue and we
drove
by and there was no place to park. All the parking
134
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Places were filled
so we went around the block and parked on the next street on
Wellington.
The three
of us got out of the vehicle and walked towards the church and
crossed
Lincoln Avenue and walked up on the
sidewalk in front of the Church of Scientology.
Q. Okay. To your
knowledge, is that the first time that Mark Bunker had been at that
location?
A. Yes.
Q. As you walked towards the church to the
entrance of Church of Scientology, would you tell
the jury who was -- in what order you walked up
to the entrance of the church?
A. I was in front and my wife was behind me and
Mark Bunker was back further filming us as we
approached the door.
MS. WRONKIEWICZ:
Objection.
THE
COURT: Overruled.
BY MR. DE VLAMING:
Q. And did you -- did you, Dr. ZiZiC, actually
get to the front door of the organization?
A. Yes, I did.
Q. Tell US what
happened at that point, as
135
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You reached the
front door, what happened?
A. I reached the -- I got to the front door and
1 reached for the door and I pulled the
door open and I stepped back. It opens out into
the vestibule.
And then, my wife was behind
me and Mark Bunker was on the sidewalk and I turned
around like this and the next thing I saw was
two men jump Mr. Bunker and push him back.
Q. Will you describe
these men?
A. One
was tall and big and the other one was shorter, both had black
jackets and looked like
black pants.
Q. Did they have any
identifying words on
their clothing?
A. No, they did not.
Q. What did you
say when you -- now, you said they jumped Mr. Bunker. Describe what
you
actually saw?
A. Well, they rushed
up to him and grabbed him on the arms and pushed him back.
Q. Did you hear what
either Mr. Bunker were saying or what the men were saying to him?
A. Not until
later.
136
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Q. All right. SO
what did you do with the door at that point in time?
A. I let go of the
door and I started walking towards the sidewalk.
Q. Tell me what you
saw and heard?
A.
I stood behind my wife and she was having a conversation, a loud
conversation with this
police officer. He
said that he was, you know, she asked who are you and she didn't
believe
that he was a police officer and he
pulled out some kind of a badge.
It looked
like a license and the picture was smudged off she said and I stood
there and
observed that. And then, they
were yelling back and forth. And then, he turned around towards Mr.
Bunker.
Q. Was
your wife challenging who this man was challenging?
A. She wanted to know
his identification.
Q. Did she say in your presence, did she say
anything towards the officer when he produced this document, this
identification document?
A. She said, you are not an officer because I
can't see your picture. This is fake.
137
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Q. All right. What
did you see next. You incidentally, at this point in time, are you
in the
vestibule or are you on the
sidewalk?
A. I
walked out on the sidewalk.
Q. And Mr. Bunker was standing where?
A. In the middle of
sidewalk, even further towards the street.
Q. When you opened
that door and turned around, was Mr. Bunker in the vestibule or on
the
public sidewalk?
A. On the public
sidewalk.
Q. Tell
me what you saw next where the two men are holding Mr. Bunker. What
did you see?
A. My
wife was standing there on this one side and I walked around to the
right hand side of
Mr. Bunker by the curb,
by the coin meter and by the poles on the curb.
Q. Okay.
A. On the sidewalk.
Q. And tell us
what you saw?
A. I
stood there and these two officers were on Mr. Bunker and they had
their hands on him.
They were restraining
him.
MS.
WRONKIEWICZ: Objection to the narrative.
138
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THE COURT:
Sustained.
THE
WITNESS: They were --THE COURT: Hold on. Your lawyer will ask you a
question.
THE
WITNESS: All right.
BY MR. DE VLAMING:
Q. Did you see both of the officers you say
still had a hold of Mr. Bunker?
A. Yes.
Q. Did you hear anything that they were saying
towards Mr. Bunker from your vantage point?
A. They said, put the
camera down.
MS.
WRONKIEWICZ: Objection.
THE COURT: Overruled.
THE WITNESS: Stop
filming.
BY MR. DE
VLAMING:
Q. Put
the camera down, stop filming?
A. uh-huh.
Q. Did you hear anything that Mr. Bunker said
towards the officers at this time?
A. He said, why are you doing this to me? Who
are you?
MS.
WRONKIEWICZ: Objection.
THE COURT: Overruled.
139
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THE WITNESS: Why
are you doing this. Who are you.
BY MR. DE VLAMING:
Q. I am sorry.
A. He said, why are you doing this to me. Who
are you.
Q. Did
they respond to him in your presence?
A. I didn't hear that, no.
Q. Was Mr. Bunker
still in possession of the camera during this struggle?
A. Yes.
Q. Did you ever see
what happened with the camera?
A. The one officer, the shorter officer, forced
him to put the camera down on the
ground.
Q. How did he do
that?
A. He
grabbed his hand.
Q. For the record, you seem to be holding your
thumb or the area of the hand?
A. Yes. He grabbed his hand. Mr. Bunker had his
right hand on the camera and he
grabbed the
hand, Mr. Bunker's hand.
Q. Okay.
A. And forced him to put the camera On the
140
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ground.
Q. Did Mr. Bunker put
the camera on the ground?
A. Yes, he did.
Q. Did he ever drop it to the ground?
A. No, he did not.
Q. Did you see it lay
where Mr. Bunker placed it?
A. It was sitting right where he placed it,
yes.
Q. Did you do
anything in relationship to the camera?
A. Yes. I picked the camera up then.
Q. It was in your
possession?
A.
Yes. The red light was still on.
MS. WRONKIEWICZ: Objection.
THE COURT: Sustained.
Ask another question.
MR. DE VLAMING: All right.
BY MR. DE VLAMING:
Q. When you picked the
camera up, was the red light on or off on the camera?
A. The red light was
on.
Q. What did
you do with the camera at that point in time?
141
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A. I had camera
and I was trying to film this officer who was holding Mr. Bunker
and he let Mr. Bunker go and he came to me for
the camera. He said, give me the
camera.
Q. Let me stop
you. You seem to be holding your hand. Did you have the camera up on
your shoulder?
A. No. I was holding it down at my knees trying
to angle up.
Q.
You said angle up?
A. Angle up.
Q. And the officer came over to you at that
point?
A. Yes, he
did.
Q. At some
point. And what did he say to you?
A. He put it --
Q. If you don't know names, you can state the
larger of the two officers or the smaller
of the two officers?
A. The smaller of the
two officers, he put his hand on the camera and he told me to let go
of the camera. And I said, what are you
going to do with the camera. He said, we are going to
take it
142
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to the station and
I let the camera go and he took the camera.
Q. Was the red light
on when he took possession?
A. The red light was still on.
Q. You are sure of
that?
A. Yes.
Because I didn't how to turn it off.
Q. Say that again?
A. I did not know how to turn it off.
Q. Okay. Did you know,
to this day, do you know how to take the cassette out of
this camera?
A. No, I don't.
Q. Did you ever remove a cassette from that
camera?
A. No, I
did not.
Q. So he
takes the camera from you. What is Mr. Bunker doing with either of
two officers
at this point?
A. He is being
handcuffed by the other officer.
Q. By the larger?
A. The larger of two officers.
MS. WRONKIEWICZ:
Objection to the leading, Judge.
143
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THE COURT:
Overruled.
BY MR.
DE VLAMING:
Q.
When the smaller of the two officers took the video camera from you,
did you see where
he took it?
A. He took the camera
and he was turning it over and the red light was on and he walked
over
to a lady officer who walked up, a
Schloss, I think, her name was.
Q. Okay. Did he do anything with the camera in
relation to that officer?
A. I didn't see. They walked away together.
Q. And that's the last
you saw of the camera?
A. No.
Q. Okay.
A. I saw the camera. I walked around the car
back out to the street and I turned around to look and I could see
that the light was off on the camera when they were taking the
camera to the
squad car.
Q. YOU noticed that?
A. The light was
off, yes.
Q. IS
that the last that you saw of it that
144
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day?
A. That's the last
that I saw of the camera.
Q. Dr. Zizic, did you ever hear any member of
the Church of Scientology tell Mr. Bunker that day that he could not
come onto their property?
A. No.
Q. You know who a Mary Anne Ahmad is?
A. Yes. I have met
her.
Q. Do you
know her to be a member of the Church of Scientology?
A. Yes.
Q. Did you ever hear
Ms. Ahmad instruct Mr. Bunker or tell him in any fashion that he
could
not come onto church property?
A. No.
Q. Was Mr. Bunker
taken away in the squad car?
A. Yes.
Q. Was there any effort -- and you were not
arrested?
A. No, I
was not.
Q. Your
wife was not arrested?
A. No.
Q. Was there any effort to get you to go into
145
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the Church of
Scientology after he was taken away?
A. They invited us --
MS. WRONKIEWICZ:
Objection.
THE
COURT: Sustained.
BY MR. DE VLAMING:
Q. Dr. Zizic, when you turned around from the
front door of that organization and you
saw
the two men, were they left and right of Mr. Bunker?
A. Yes. They were on
either side of him, yes.
Q. Did you ever hear, at that point in time,
them identifying by what authority they were
holding him or telling him that he could not go
inside of that building?
MS. WRONKIEWICZ: Objection to the leading.
THE COURT: Overruled.
THE WITNESS: No. I
didn't hear what they said.
MR. DE VLAMING: One moment, Judge.
BY MR. DE VLAMING:
Q. Dr. Zizic, let me
show you what's been marked as Defendant's Exhibit No. 6, which
appears
to be a photograph. Do you
recognize that?
A.
Yes.
146
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Q. Is that the
front of the Church of Scientology?
A. Yes, it is.
Q. And is this the door that you opened on that
day?
A. That is
correct.
Q. Did
Mark Bunker ever enter inside of the building of the Church of
Scientology?
A.
No.
Q. Did you he
ever enter even in the vestibule area marked by the tile?
A. No.
Q. He was always on
the sidewalk?
A.
Yes.
MR. DE
VLAMING: I have no further questions.
THE COURT: You may proceed.
CROSS EXAMINATION
BY MS. WRONKIEWICZ:
Q. Mr. Zizic, you were
previously a member of the Church of Scientology, correct?
A. Yes.
Q. That's your
testimony. So is your wife, correct?
A. Yes.
147
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Q. And you said
that was in approximately '96?
A. I think so, yes.
Q. And that would have
been for approximately how long were you a member?
A. Maybe a year.
Q . So it would be
fair to say then in January of the year 2000, you were no longer
a member of the Church of Scientology?
A. Right.
Q. And you felt that
the Church of Scientology owed you some money, correct?
A. Yes.
Q. So you had arranged
a meeting with the Church of Scientology at 7:30 on January 25th,
correct?
A. Yes.
Q. And you had called ahead to make
arrangements for you and your wife to be at that
meeting, correct?
A. We had the meeting set up the week before.
Q. So you called.
Is that a yes or a no. You called ahead to make arrangements for
your wife
and you to be at a meeting,
correct?
148
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A. The week before
we made the arrangements, yes.
Q. So you arranged a meeting for 7:3O on
January 25th, correct?
A. Right.
Q. All right. You did not ask for permission
for Mark Bunker to come with you, correct?
A. Right.
Q. It's your testimony
that you invited Mark Bunker to go with you to help you get your
money back, correct?
A. Right.
Q. But you didn't call
Russ Ewing to go with you on that date, correct?
MS. WRONKIEWICZ:
Objection.
THE
COURT: Sustained.
BY MS. WRONKIEWICZ:
Q. So you flew Mark
Bunker in from Florida to come with you to get your money back, is
that
correct?
MS. AIMEN: Objection. No facts in evidence.
THE COURT: Overruled.
He can answer.
THE
WITNESS: No.
BY
MS. WRONKIEWICZ:
149
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Q. Well, Mark
Bunker flew in from Florida, correct?
MS. AIMEN: Objection. Beyond the scope of the
personal knowledge.
THE COURT: Overruled. If he knows.
THE WITNESS: He was in
Chicago. I assume that he came from Florida.
BY MR. WRONKIEWICZ:
Q. Okay. Well, you
brought the video camera. Let me rephrase that. When you went to
this meeting on January 25th, Mark Bunker had a
video camera with him, correct?
A. Yes.
Q. And the purpose of bringing that video
camera was to be interviewed outside of the
Church of Scientology, correct?
A. We were going to be
-- we asked -- we were going to ask permission for him to come in
and interview and film the interview that
we were going to have with the Church of Scientology.
Q. But you previously
testified in this matter, correct?
A. Yes.
Q. And that was actually on November 17th of
150
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this year,
correct?
A. Last
year.
Q. November
17th of the year 2000, correct?
A. Uh-huh.
Q. And that was in front of this same
courtroom, correct?
A. Yes.
Q. And there was a court reporter on that date
taking down your testimony,
correct?
A. Uh-huh.
Q. Page 18.
THE COURT: You have to
answer yes or no.
THE WITNESS: Yes.
BY MS. WRONKIEWICZ:
Q. And you were asked
a series of questions by an attorney on that date, correct?
A. Yes.
Q. Sir, were you asked
this question and did you give this answer.
Q. The purpose of
bringing the tape to the Church of Scientology was what?
A. To interview us
outside on the church on the front sidewalk.
Sir, were you asked
that question and did
151
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you give that
answer?
A. Yes.
Q. Now, Mr. Bunker
did not carry with him a tripod on January 25th, correct?
A. Right, yes.
Q. And he did not have
with him or you didn't have with you a hand-held microphone,
correct?
A. Correct.
Q. And you didn't set up any like free standing
lights for this interview, correct?
A. That's correct.
Q. And the front of that camera does not have
like a big bright spotlight on it, correct?
A. That's right.
Q. And you didn't have
a cordless microphone with you, correct?
A. That's right.
Q. And, sir, isn't it
true that you called the police before you arrived at the Church of
Scientology on January 25th?
A. That was our
arrangement with the police the previous week. We were to call them
ten
minutes before our point of time.
Q. So, sir, did you
call the police before
152
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you arrived on
January 25th?
A.
Yes.
Q. And you
are saying that the police told you to call them before you went?
A. Yes.
Q. So you walked up to
the church entrance and you opened the door, correct?
A. Yes.
Q. You didn't have to
walk around two officers to get to that door, correct?
A. That's right. There
was no one in the vestibule.
Q. And your wife was also with you, correct?
A. She was behind
me, yes.
Q. And
Mr. Bunker, according to you, Mr. Bunker was behind her, correct?
A. That's correct.
Q. So you have no
idea what Mr. Bunker was doing behind you as approached the
church, correct?
A. He was filming. I assume that he was
filming.
Q. But
you are assuming that, correct?
A. Uh-huh.
Q. Now, the two individuals who arrived on
153
-----------------------------------------------
the scene, they
were two males, correct?
A. Yes.
Q. And there was a taller one and a shorter
one, correct?
A.
That's right.
Q.
And these two individuals told Mr. Bunker that he had to leave,
correct?
A. I
didn't hear that.
Q. You didn't hear that. Well, sir, isn't it
true that they could have told him
that he
had to leave and you wouldn't have heard it?
A. Yes.
Q. And, sir, isn't it
true that these two individuals identified themselves as police
officers?
A. After awhile, yes.
Q. And when these
individuals identified themselves as police officers, Mr. Bunker did
not
leave, correct?
A. He was being
restrained. He couldn't leave.
Q. He couldn't leave, that's your testimony.
Now, your wife was standing next to Mr. Bunker,
correct?
154
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A. She was
standing -- Mr. Bunker was being confronted between -- he was behind
the police
officer, a big police officer
was standing there and my wife was standing facing him.
Q. Your wife was
facing the big police officer, is that what you are saying?
A. Uh-huh.
Q. And your wife was
questioning the police officer's identification, correct?
A. That's right.
Q. And she was saying
-- her voice was raised, correct?
A. She was upset, yes.
Q. When you say she
was upset, was she yelling?
A. Her voice was raised.
Q. And as she was
yelling, was she flailing her arms in the air?
A. No. She was saying,
who are you, who are you.
Q. And you saw your wife was handed an
identification, correct?
A. I saw him hold up a piece of paper. It
looked like a paper card or drivers license.
155
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Q. And that card
or drivers license was actually in a black wallet, correct?
A. I didn't see that.
Q. Your wife --
you heard your wife say that's not a real badge, correct?
A. Right.
Q. At that time, you
didn't see Mr. Bunker leave, correct?
A. The other police officer was standing
holding Mr. Bunker.
Q. Is that a yes or no, did you see Mr. Bunker
leave?
A. No.
Q. Now, at some point,
you heard the police tell Mr. Bunker that's it. You are under
arrest, correct?
A. Yes.
Q. And Mr. Bunker -- Mr. Bunker started backing
up, correct?
A. I
think, he was in the middle of the sidewalk and he had been pushed
off but he didn't
step off the curb.
Q. When the police
said, that's it, you are under arrest, he was backing away from the
police
156
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officer, correct?
A. I don't think
he was backing away from the police officer. He was setting down his
camera.
Q. Now, in
addition to having his camera, he also had his cell phone on that
date, correct?
A.
Yes.
Q. And when
Mr. Bunker was being placed under arrest, you saw him with this cell
phone in his hand, correct?
A. I don't remember too much about the cell
phone but I know he had one, yes.
Q. Well, you know that he had a cell phone and
you saw the defendant drop his cell phone and your wife picked it
up, correct?
A.
Yes. I know he dropped a cell phone, yes.
Q. And you also know
that your wife picked it up, correct?
A. Yes.
Q. Now, at some point, you admit that the
defendant's video camera is on the ground, correct?
A. Yes.
Q. And at that point,
the defendant signaled to YOU to pick up the camera, correct?
A. No, he didn't. I
just did it on my own.
157
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Q. You did not see
the defendant look at you and signal to you to pick up that camera?
A. No.
Q. When you had that
camera in your hand, it was down at your side, correct?
A. That's right.
Q. And when you had
that camera in your hand, you were not standing in the original
entrance that you had walked into, correct?
A. That's right.
Q. You were actually
in the second entrance over, correct?
A. No. That's not correct. I had walked --
Q. Sir, there is no
question.
A. Okay.
Q. Now, you just
testified that earlier in the day, the defendant came over to your
house for
some type of interview, correct?
A. Yes.
Q. On that date, YOU
watched the defendant load the video camera, that's your testimony?
A. Yes.
Q. Now, you had talked
to the defendant about
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your testimony
today here in court, correct?
A. I mentioned it to him.
Q. And you talked to
his attorneys about your testimony here?
A. We discussed it.
Q. And have you
talked to your wife about your testimony here today in court?
A. We have talked
about it.
Q. Now,
you earlier testified that the officer, the shorter officer, came
and
took that video camera from you,
correct?
A. That's
right.
Q. That
shorter police officer then gave it to a female officer, Sergeant
Schloss,
I believe you testified her name
was, correct?
A.
Right. She was in front of me. He was in front of me. That's what I
recall.
Q. And
then, that sergeant actually took that video camera and put it into
the police
vehicle that the defendant was
in, correct?
A.
They walked away out of my sight and then walked to the street and
behind me.
Q. But
you did see them put that video in the trunk of the car, correct?
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A. Yes.
Q. You saw the female
officer put that in the trunk of the car, correct?
A. Yes.
Q. And the shorter
officer wasn't with her?
A. That's right.
Q. Now, the shorter officer, you never saw him
remove anything from the camera,
correct?
A. No.
Q. And you saw that
lady officer just -- actually, Judge, I will withdraw that
question.
MS. WRONKIEWICZ: May I am a moment?
THE COURT: Sure.
MS. WRONKIEWICZ:
Judge, I would tender the witness.
MR. DE VLAMING: A few more questions, Judge.
REDIRECT
EXAMINATION
BY MR. DE VLAMING:
Q. Dr. Zizic, the
prosecutor had brought up a prior meeting with the police. They
were called for the following week?
A. uh-huh.
MS. WRONKIEWICZ:
Objection. I didn't bring
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that up.
MR. DE VLAMING: Sure,
she did.
THE
COURT: She didn't say anything about a meeting. There was a
conversation with
the police so ask the
question.
MR. DE
VLAMING: All right.
BY MR. DE VLAMING:
Q. Was there a prior attempt to get the money
the week before?
A. Yes, there was.
Q. And was it successful or unsuccessful?
A. It was
unsuccessful.
Q.
Why?
A. We were
banned from entering.
MS. WRONKIEWICZ: Judge, I am going to object.
MR. DE VLAMING:
Judge, I think it goes to why the phone call was made.
THE COURT: Overruled.
BY MR. DE VLAMING:
Q. Go ahead.
A. There was a bouncer
or sergeant of arms at the door who said that we could not
enter.
Q. And from there, was arrangements then made
for the week after for the 25th of January?
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A. We had called
the police there on the street and the police came and we asked the
police
to help us make this appointment and
they did. They said that, you know, that they would.
Q. And was it then
arranged that you would come the next week?
A. That's right.
Q. And that's why Mr.
Bunker was called to ease this ability to get your money back?
A. Right.
MS. WRONKIEWICZ:
Objection.
THE
COURT: Sustained as to that.
BY MR. DE VLAMING:
Q. The prosecutor asked you if felt that the
church owed you some money. Tell us why?
A. There was money
that we gave for courses that we hadn't received. We wanted our
money
back. It was free payment. It was,
you know, payment for courses and we never received, the
courses.
Q. And they refused and barred you?
A. Right.
MS. WRONKIEWICZ:
Objection.
THE
COURT: Sustained.
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MR. DE VLAMING:
That's all.
THE
COURT: Anything else?
RECROSS EXAMINATION
BY
MS. WRONKIEWICZ:
Q. All right. Sir, you just testified that YOU
went to the Church of Scientology
the week
before, correct?
A. Yes.
Q. And it's your testimony that there was some
bouncer at the door the week before,
correct?
A. Yes.
Q. So you knew that you couldn't go to the
Church of Scientology without making an
appointment, correct?
A. Right.
Q. And it's your
testimony that there were police officers there on that date,
correct?
A. We
called the police. That's right.
Q. And the police officer arrived, her name was
Officer Cuddy, correct?
A. Yes.
Q. It's your testimony that the officer made an
appointment with the Church of Scientology
for you?
163
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A. They said that
they would help us make the appointment so we could come by safe
conditions.
Q.
What do you mean by -- but the officer did not make that appointment
for you. That's not what
are you saying?
A. No. We made the
appointment, the 7:30 the following week.
Q. You called to make
the appointment?
A. We made it right then and there in person.
Q. But the officer
did not make the appointment for you?
A. No.
Q. And the officer never told you to call the
police when you went there the next week, correct?
A. They said to call
ten minutes ahead of time before we had our appointment.
Q. The officer told
you to call the police department before you went to your meeting?
A. Uh-huh.
Q. That's your
testimony?
A. Yes.
MS. WRONKIEWICZ:
Nothing further.
MR. DE VLAMING: Two questions, Your Honor.
164
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THE COURT: Okay.
REDIRECT
EXAMINATION
BY MR. DE VLAMING:
Q. Before you made the
request for the money, could you in the past, could you walk right
into the Church of Scientology?
MS. WRONKIEWICZ: Objection. Beyond the scope.
THE COURT:
Overruled.
THE
WITNESS: Yes.
BY
MR. DE VLAMING:
Q.
And this sergeant of arms that you described, was that a police
officer sergeant in
arms or somebody that's
a Scientology?
A.
Scientology.
MR.
DE VLAMING: That's the only questions I have.
THE COURT: Anything
else?
MS.
WRONKIEWICZ: No, Judge.
THE COURT: Ladies and gentlemen of the jury, we
will break for lunch right now. We have
some other things that we can do. I know you
are not want to linker in that room too long.
Whenever you
165
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folks are done eating and you are ready to
come back out, we will continue working.
Remember not to talk
about the case until you have heard all the evidence and all the
arguments.
(Whereupon, the jury exited.)
(This reporter was
relieved and the following proceedings were reported
by Court Reporter Grace Brennan.)
166
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STATE OF ILLINOIS )
COUNTY OF COOK )
I, REGINA A. CLEMMER,
an official court
reporter of the Circuit
Court of Cook County, Cook
Judicial Circuit
of Illinois, do hereby certify
that I
reported in shorthand the proceedings had on
the hearing in the above-entitled cause, that I
thereafter caused the foregoing to be
transcribed
into typing, which I hereby
certify to be a true
and accurate
transcript of the proceedings had
before
the Honorable WILLIAM O'MALLEY, Judge of
said Court.
C.S.R. NO. 084-004002
Dated this 6th day
of
February, 2001.
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