CASE NO. 99-7430-CI-08

                      IN THE CIRCUIT COURT IN AND FOR
                          PINELLAS COUNTY, FLORIDA

                           CASE NO. 99-7430-CI-08

           ORGANIZATION, INC., a Florida           :
           corporation,                            :
                               Petitioner,         :
           vs.                                     :
           ROBERT S. MINTON, JR., ET AL.,          :
                               Respondents.        :

                 BEFORE:       The Honorable THOMAS E. PENICK, JR.

                 PLACE:        Pinellas County Judicial Building
                               545 First Avenue North
                               St. Petersbrg, Florida

                 DATE:         February 11, 2001

                 TIME:         12:30 P.M.

                 REPORTED BY:  JACKIE L. OSTROM
                               Court Reporter

                            ORDERS TO SHOW CAUSE
                                                    Pages 259-435
                                                    Volume III

                      ROBERT A. DEMPSTER & ASSOCIATES
                                P.O. BOX 35
                            CLEARWATER, FLORIDA
                               (727) 443-0992



           The Honorable THOMAS E. PENICK, JR.

           911 Chestnut
           Clearwater, Florida

           740 Broadway, Fifth Floor
           New York, New York  10003

           Attorneys for Church of Scientology Flag Ship

           2716 Herschel Street
           Jacksonville, Florida  32205

           5720 Central Avenue
           St. Petersburg, Florida  33707

           Attorneys for Robert Minton and
           Lisa McPherson Trust, Inc.


       1                        PROCEEDINGS

       2            THE COURT:  Are we ready?

       3            MR. MERRETT:  Yes, Your Honor.

       4            THE COURT:  Good afternoon.

       5            MR. MERRETT:  I understand that this to

       6       be taken up at the Court's leisure, but I

       7       wish to announce Mr. Henson is present.

       8            THE COURT:  From California?

       9            MR. MERRETT:  Yes, sir.

      10            THE COURT:  All right.  I'll deal with

      11       that accordingly.

      12            MR. MERRETT:  Yes, sir.

      13            THE COURT:  And at the proper time, but

      14       thank you for telling me that.  All right.

      15       Mr. Pope, you ready to call your next

      16       witness?

      17            MR. POPE:  I am, but before I do so I

      18       would like to raise a legal matter from

      19       yesterday that was left a little bit

      20       incomplete, if I may.

      21            THE COURT:  Okay.

      22            MR. POPE:  It won't take me but a minute

      23       or two.

      24            THE COURT:  Okay.

      25            MR. POPE:  In connection with the


       1       respondent's motion to hold Mr. Geiger and

       2       Judy Ross and the Church in contempt relative

       3       to the service of process on Ms. Brooks in

       4       the Ruth Chris Steakhouse, Mr. Merrett made

       5       his argument that section 47.272 prohibited

       6       Pinellas process from being served in

       7       Hillsborough County by a Hillsborough

       8       certified process server and, you know, that

       9       was once true, but it got changed and it got

      10       changed by legislative enactment effective

      11       June 17, 1998.

      12            Now, Mr. Merrett relied on a case called

      13        Adbate which was cited in 1994.  It's a

      14        Fifth District case and he gave you a copy

      15        of it.

      16            All he had to do was shepardize that

      17        case and you would find the Fifth District's

      18        opinion in Decker versus Kaplas (sic) which

      19        is 763 So. 2d. 1229 which points out that

      20        the legislature changed the statute and it

      21        cites Adbate and I got the session law and I

      22        want to give counsel a copy of this so they

      23        can follow along.  Here is the session law.

      24            I brought along the actual session law

      25        book because it has the underlined -- may I


       1        approach the bench, Your Honor?

       2            THE COURT:  Come forward, please, sir.

       3            MR. POPE:  It's 98.410 and here's the

       4       section.  I've highlighted it to make it a

       5       little bit easier to find.

       6            THE COURT:  Okay.

       7            MR. POPE:  What the legislature did

       8       apparently when the Adbate case was decided.

       9       the sheriffs of the State of Florida went

      10       into an uproar because they've been trying to

      11       pawn off the civil service thing for years

      12       and that opinion severely tied our hands, so

      13       they had the legislature fix it

      14       two-and-a-half years ago.

      15            Now, so the entire argument that

      16        Mr. Merrett made collapsed in 1998, June 17,

      17        which could have easily been found simply by

      18        shepardizing the case and finding the

      19        amendment, so I wanted to bring that to the

      20        court's attention on the front end and when

      21        you're ready, I'm ready to proceed.

      22            THE COURT:  Let me do this.

      23       Mr. Merrett, I'll give you a chance if you

      24       want to say anything now or I'm not ready to

      25       deal with this matter, so if you come with


       1       something, I'll give and Mr. Howie an

       2       opportunity, but at some point in time I am

       3       going to have to address that.

       4            MR. MERRETT:  I understand that, Your

       5       Honor, and it may be in the same statute, but

       6       contained in the actual section of evidence

       7       code is probably how Mr. Pope found it.

       8            THE COURT:  Okay.  We'll get there.

       9       Okay, Mr. Pope, sir, please call your next

      10       witness.

      11            MR. POPE:  Our next witness next Algar

      12       Avila.

      13   Thereupon:

      14                        ALGAR AVILA

      15   was called as a witness and having been duly sworn, was

      16   examined and testified as follows:

      17                     DIRECT EXAMINATION

      18   BY MR. POPE:

      19        Q    Tell us your name, please, sir?

      20        A    Algar Avila.

      21        Q    Your address, sir?

      22        A    551 North Saturn.

      23            THE COURT:  Hold on.  Go ahead and spell

      24       your name so we can get it in the record.

      25            THE WITNESS:  A-L-G-A-R  A-V-I-L-A.


       1            THE COURT:  Thank you.

       2   BY MR. POPE:

       3        Q    What is your occupation?

       4        A    Security for the Church.

       5        Q    Mr. Avila, I want to direct your attention

       6   to the December 7, 2000, that date.

       7        A    Okay.

       8        Q    Did you, on that date, observe Tory Bezazian

       9   in the vicinity of the Coachman Building?

      10        A    Correct.

      11        Q    Would you please describe what you saw her

      12   doing?

      13        A    I saw her in the entrance way to the parking

      14   lot at the Coachman Building, which is the 503

      15   address, and she was blocking the entrance way to the

      16   parking lot.

      17             She was standing there with her picket signs

      18   up within ten feet of the injunction that I know

      19   because I looked at it and that was a violation of it

      20   as far as I know.

      21            MR. MERRETT:  I want to object and ask

      22       to strike this as legal conclusion and ask

      23       counsel to take charge of the witness to

      24       avoid a narrative and this kind of error.

      25            MR. POPE:  You know, Your Honor, I'd


       1       like to request that the judge direct counsel

       2       to stop lecturing me.

       3            THE COURT:  Gentleman, were getting off

       4       to a shaky start here.  Let's see if we can

       5       avoid any of the back biting diatribes and

       6       both of you, please, show a little respect to

       7       the other side, and counsel, let's walk it

       8       down the road with the questions.

       9            MR. POPE:  All right, sir.  Where was I

      10       before that occurred?

      11            THE COURT:  He was just getting ready to

      12       talk about what he observed.

      13             (Thereupon, the question referred to was

      14        read by the reporter as above recorded.)

      15   BY MR. POPE:

      16        Q    All right.  Let's go back.  As I recall you

      17   said she was blocking the driveway.  Were you there?

      18        A    Yes.

      19        Q    Okay.  So would you tell us whether any

      20   automobiles actually tried to get in the parking lot

      21   at that time?

      22        A    Yes, that is correct.  She actually -- there

      23   was a vehicle that came into the entrance of the

      24   parking lot and stopped right there at the entrance

      25   and Tory was talking to the person inside of a vehicle


       1   and, you know, at that point after like maybe a minute

       2   of her talking to the person, there was a van, a

       3   church van, trying to come in to unload and load

       4   passengers and the van actually had to stop in the

       5   middle of the street because they couldn't get into

       6   the parking lot.

       7             At that point I had to signal the driver of

       8   the vehicle to keep moving because he was blocking

       9   traffic and then finally he did and the van could come

      10   in, but she was blocking.

      11        Q    So as I understand, she had stopped the

      12   vehicle right in the open part of the parking lot?

      13        A    Right, the entrance to the parking lot.

      14        Q    And then there was another vehicle trying to

      15   get in?

      16            MR. MERRETT:  I'll object to the

      17       leading.

      18            THE COURT:  Sustained.

      19   BY MR. POPE:

      20        Q    So what was there right behind her at that

      21   time, sir?

      22        A    Sorry, what?

      23        Q    What vehicle, if any, was right behind the

      24   one in the parking lot you just described?

      25        A    That was a church van.


       1        Q    Okay.  What did it have to do?

       2        A    Well, they was trying to get into the

       3   parking lot so they could unload and load people, but

       4   it couldn't because there was a vehicle there which

       5   Tory --

       6        Q    Where was it stopped?

       7        A    In the, just in the entrance of the parking

       8   lot.

       9        Q    The van, where was the van stopped?

      10        A    The van had to stop in the street.

      11        Q    And was it blocking Ft. Harrison?

      12        A    Yes, it was.

      13        Q    All right.  Now, have you viewed a video?

      14   May I approach?

      15            THE COURT:  You may, sir.

      16   BY MR. POPE:

      17        Q    Have you viewed a video of this?

      18        A    Yes, I have.

      19        Q    Now, if I may, is that the video that you

      20   have viewed of this event you just testified to?

      21        A    Yes, it is.

      22        Q    Is that a true and accurate depiction of

      23   what saw and what you just testified about?

      24        A    Correct.

      25            MR. POPE:  I'd offer that into evidence,


       1       Your Honor.

       2            MR. MERRETT:  I'd ask for leave to voir

       3       dire, Your Honor?

       4            THE COURT:  You may.

       5                   VOIR DIRE EXAMINATION

       6   BY MR. MERRETT:

       7        Q    What day was this?

       8        A    Seventh.

       9        Q    Of December?

      10        A    Correct.

      11        Q    And the events you described took place on

      12   the Ft. Harrison side of --

      13            THE COURT:  Let's do this, sir.  You may

      14       stop down.  Turn that so everyone can see and

      15       so they can see.  He may step down.

      16             (Whereupon, a pause in the proceedings took

      17        place.)

      18   BY MR. MERRETT:

      19        Q    Okay.  This is the Coachman Building?

      20        A    Uh-huh.

      21        Q    The parking lot that you're referring to is

      22   this area here where I've put the X?

      23        A    Right.

      24        Q    Okay.  That's north?  North is --

      25        A    That way.


       1        Q    Is that right?

       2        A    I don't know.  What is this?  Is that to the

       3   entrance, or --

       4        Q    The driveway, yes.  There's two driveways on

       5   that side of Coachman, right?

       6        A    No, there's only one entrance to the parking

       7   lot.

       8        Q    Okay.  And the street that runs beside the

       9   Coachman Building or behind the Coachman Building

      10   doesn't go all the way through, right?  It doesn't

      11   cross Ft. Harrison, correct?

      12        A    Right.

      13        Q    Okay.  Now --

      14            MR. POPE:  I thought he was going to

      15       voir dire the witness with respect to the

      16       authenticity of the tape.  It looks like he's

      17       cross-examining him before I'm finished with

      18       him.

      19            THE COURT:  Well, let's do this.  Did we

      20       got through voir dire?  I agree, it sounds

      21       like cross.  I'm not sure where we're going

      22       here.

      23            MR. MERRETT:  Well, the first question

      24       of voir dire is the next question which you

      25       can't answer without these.


       1            THE COURT:  Okay.  I'll give you some

       2       latitude.  Let's see.

       3   BY MR. MERRETT:

       4        Q    Thank you.  Where were you?

       5        A    I was in the parking lot.

       6        Q    Show me where and mark it with an A.

       7             (Whereupon, witness marked drawing.)

       8             And did you have a video camera?

       9        A    Nope.

      10        Q    Okay.  And did you move at all during the

      11   time that you say Ms. Bezazian was standing in the

      12   driveway?

      13        A    Yeah, I moved around a couple of feet.

      14        Q    But, I mean, you didn't go anywhere?

      15        A    No.

      16        Q    Okay, and can resume your seat.  So we can

      17   assume if you didn't have a video camera you didn't

      18   make the video that you're swearing is accurate,

      19   right?

      20        A    I didn't take it myself.

      21        Q    Where was that video taken?  Where was the

      22   camera?

      23        A    I believe in the Ft. Harrison.

      24        Q    Where?

      25        A    In the northeast corner.


       1        Q    And you didn't have a remote control device

       2   to run the camera, did you?

       3        A    No.

       4        Q    And you couldn't see what that camera was

       5   seeing, could you?

       6        A    No, I was just seeing what I'm seeing.

       7            MR. MERRETT:  Okay.  Your Honor, I would

       8       suggest the witness is not competent to

       9       authenticate this videotape which doesn't

      10       show the view that he saw, nor is he

      11       competent to establish the authenticity for

      12       the silent witness rule.

      13            THE COURT:  Mr. Pope?

      14            MR. POPE:  Your Honor, the videographer

      15       is not necessary to authenticate a tape.

      16       Anybody can authenticate it if they witness

      17       the event and are in a position to testify

      18       that it is a true and accurate depiction of

      19       what they saw and that's precisely what he

      20       said.

      21            THE COURT:  Proceed.

      22            MR. POPE:  May we play it, Your Honor?

      23       I renew my offering it into evidence.

      24            THE COURT:  Let's do something.

      25       Mr. Howie, Mr. Merrett raised his objection.


       1       Is there anything you want to say or do that

       2       you want to voir dire?

       3            MR. HOWIE:  No, Your Honor, I don't

       4       request voir dire, but I would join with

       5       Mr. Merrett in the objection.

       6            THE COURT:  Okay.  I understand that.

       7       And with those objections noted for the

       8       record, I'll allow Mr. Pope to proceed.  And

       9       let's do this.  You want to put that into

      10       evidence.

      11            That will be number five if you give

      12        here.  Let's mark it before going any

      13        further.

      14            MR. MERRETT:  Your Honor, could I take a

      15       look at the label before you put your label

      16       on it?

      17            THE COURT:  That's what I've been doing,

      18       just so you know.  What I've been trying to

      19       do is reserve those labels and put mine above

      20       it or something so that we don't get there,

      21       so bear with me a minute.

      22             (Plaintiff's Exhibit Number Five was

      23        admitted into evidence.)

      24            All right, Mr. Pope.  It's in evidence

      25        now.


       1            MR. POPE:  Thank you, Your Honor.

       2             (Whereupon, the videotape was played.)

       3            It's a very short video, Your Honor.

       4            THE COURT:  A little bit too short.

       5       Play it again, please.

       6            MR. POPE:  Yes, sir.

       7            THE COURT:  Is that you in the maroon or

       8       purple shirt?

       9            THE WITNESS:  No.

      10            THE COURT:  It looks like a

      11       walkie-talkie or something sticking out the

      12       guy's back pocket.

      13            THE WITNESS:  Yeah, that's Jeff with the

      14       camera.

      15            THE COURT:  Okay.

      16             (Whereupon, videotape was played a second

      17        time.)

      18            MR. POPE:  I have no further questions

      19       of the witness, Your Honor.

      20            THE COURT:  Okay.  Thank you, Mr. Pope.

      21       Mr. Merrett, you may inquire, sir.

      22            MR. MERRETT:  Thank you, Your Honor.

      23            THE COURT:  I'll stay here.  You may

      24       want to play the video.



       1                     CROSS-EXAMINATION

       2   BY MR. MERRETT:

       3        Q    Mr. Avila, you saw the area Mr. Jacobson and

       4   Ms. Bezazian crossed.  What they just crossed, that's

       5   the street, correct?

       6        A    Yes, that's true.

       7        Q    Okay.  Then the next thing is there is some

       8   bushes, some kind a landscaping and then there is a

       9   driveway; is that right?

      10        A    Correct.

      11        Q    Okay.

      12            THE COURT:  This was at the first

      13       entrance to the driveway?

      14            THE WITNESS:  It's at the north side or

      15       I'm sorry, the Ft. Harrison side of the

      16       entrance.

      17            THE COURT:  Right.  I don't know the

      18       drawing there behind his head, but I got the

      19       impression there are two entryways to that

      20       parking lot.

      21            THE WITNESS:  Well, there's one, but

      22       it's on the other side.

      23            THE COURT:  I see.  Okay.

      24            MR. MERRETT:  Right.  That's why the one

      25       is scratched out.


       1            THE COURT:  I see.  You've scratched

       2       that out.  Okay.

       3   BY MR. MERRETT:

       4        Q    Let me ask you something.  This fellow right

       5   here, that's a Scientology security guard, right?

       6        A    Correct.

       7        Q    Okay, and you saw this whole thing?

       8        A    Yeah, that's myself.

       9        Q    Oh, that's yourself, so you weren't in the

      10   parking lot like you said when you saw Ms. Bezazian

      11   stop the car?

      12        A    Well, as you can see, she's not stopping the

      13   car there yet.

      14        Q    Okay.  Let me ask you this.  You drove down

      15   the sidewalk she was standing on, right?

      16        A    I believe so, near by.

      17        Q    Let's be certain.  You're going up on the

      18   sidewalk, right?

      19            THE COURT:  That's you on the bicycle.

      20            THE WITNESS:  Yeah.

      21            THE COURT:  With the helmet on?

      22            THE WITNESS:  That is correct.

      23   BY MR. MERRETT:

      24        Q    And you pass behind on the sidewalk that she

      25   was standing on, right?


       1        A    Yes, went around her.

       2        Q    Okay.  Now, I want you to tell us, what is

       3   this sidewalk; 50 feet wide, 60 feet wide, 100 feet

       4   wide?

       5        A    The sidewalk itself?

       6        Q    Yeah.

       7        A    Maybe about ten feet wide.

       8        Q    Okay.  So then you were between the edge of

       9   the sidewalk and Ms. Bezazian when you went behind

      10   her?

      11        A    Yeah.  I'd have to go around, yeah.

      12        Q    And you knew the injunction prohibited you

      13   and any other Scientologist from coming within ten

      14   feet of Ms. Bezazian, right?

      15        A    Correct.

      16        Q    So you went within ten feet of her anyway,

      17   right?

      18        A    Yeah.  She stopped going in the entrance of

      19   the parking lot so, I mean, she's not supposed to be

      20   there in the first place.

      21        Q    Uh-huh.  So you're admitting, though, that

      22   you violated the injunction, right?

      23        A    I wouldn't think so because I was going into

      24   the parking lot she wasn't supposed to go into.

      25        Q    Okay.


       1        A    She was already there.

       2        Q    Now, there is another entrance around the

       3   corner, right?

       4        A    Well, that's supposed to be an exit.  You're

       5   supposed to go in here and go out the other side.

       6        Q    Okay.  There is however another entrance

       7   that was available to you in the parking lot more than

       8   ten feet away from her, right?

       9        A    Yeah, I guess I could have gone around.

      10        Q    You could have just turned right there and

      11   gone in the other end of the parking lot?

      12        A    Yeah.

      13        Q    Okay.  Now, let me ask you, the Scientology

      14   van that you said was stopped, giving its direction of

      15   travel, can you tell the judge which way it turned to

      16   go into the parking lot?

      17        A    Which way it turned into the parking lot?

      18        Q    Yeah.  Was it driving making a right-hand

      19   turn or left-hand turn?

      20        A    Right turn.

      21        Q    Okay.  And it was unable to do that because

      22   that green car was stopped in the driveway, right?

      23        A    Correct.

      24        Q    So that there wasn't -- traffic couldn't

      25   move through there?


       1        A    Yeah.

       2        Q    So no traffic could go in -- it couldn't go

       3   in.  That's an entrance, right?

       4        A    Right.

       5        Q    Okay.

       6             (Whereupon, the video was played.)

       7             You want to tell us what this big brown

       8   thing on wheels is here?

       9        A    That's a UPS truck.

      10        Q    And it's going into that driveway into that

      11   parking lot, right?

      12        A    Right.

      13        Q    Okay.  The parking lot that you suggested

      14   not a minute ago, you told us it was blocked and no

      15   traffic could go in and out of that drive, right?

      16        A    Right.

      17        Q    Okay.

      18        A    At least the van.

      19        Q    So nothing -- I guess the maximum size would

      20   be a UPS delivery van is what you meant?

      21        A    No, actually the UPS truck -- the reason why

      22   it couldn't get in there is because he was coming

      23   around the other side.

      24        Q    Well --

      25        A    Making a left turn.


       1        Q    They went in through the same driveway,

       2   right?

       3        A    Right.

       4        Q    And that's the driveway that you just

       5   described as being blocked and unusable, correct?

       6        A    It was blocking the van, yes.

       7        Q    Okay.

       8             (Whereupon, the video was played.)

       9             Now, where that black car came out and the

      10   Scientology van is coming out, that's the street that

      11   runs along the side of the Coachman, right; the side

      12   of the parking lot?

      13        Q    Right.

      14            THE COURT:  That's an east/west street,

      15       right?

      16            MR. MERRETT:  Yes, sir.

      17            THE WITNESS:  Yes.

      18   BY MR. MERRETT:

      19        Q    Now, you touched on in direct examination

      20   that the van was stopped directly behind the green

      21   car?

      22        A    Yeah, right there.

      23        Q    Wasn't it just past the green car?

      24        A    Yes.  It's actually off the picture, but it

      25   is siting there in the street.


       1        Q    Well, let's walk through this a second

       2   because I need you to help me understand this.  That

       3   one?

       4        A    Nope.

       5        Q    Okay.  That one?

       6        A    Nope.

       7        Q    Okay.

       8        A    That one.

       9        Q    Okay.  Let's watch it.

      10             (Whereupon, the videotape was played.)

      11             You saw the van and its shadow disappear

      12   past the back of the green car, right?

      13        A    It's off the picture, but it's actually on

      14   the street, sitting on the street.

      15        Q    Okay, but it's already driven past the green

      16   car, correct?

      17        A    No, it's behind it.

      18        Q    Well, let's look at this.

      19             (Whereupon, the videotape was played.)

      20             You see that red car going past the back of

      21   the green car?

      22        A    Yes.

      23        Q    It's in the same lane that the white van was

      24   in, wasn't it?

      25        A    It had to go around it.


       1        Q    Okay.  It is passing the green car at this

       2   moment, correct?

       3        A    No, it's probably just past the street.

       4        Q    See the shadow of the van leave; the red car

       5   hits its brakes?

       6        A    Right, and turns left.

       7        Q    And the van is beyond the green car,

       8   correct?

       9        A    No, it's still right behind it.

      10        Q    So who is the Scientologist responsible for

      11   videotaping this?

      12        A    I'm not sure.

      13        Q    You don't know who made it?

      14        A    No.

      15        Q    You don't know who was working as far as who

      16   moved the camera around?

      17        A    No.

      18        Q    And you don't know why what you're

      19   testifying to isn't on this film?

      20        A    Well, because they happened to film that.  I

      21   don't know.

      22        Q    In other words, what this videotape is

      23   showing is not the same thing that you saw because you

      24   were over here on the other side of all this, correct?

      25        A    It's the same thing though, from a different


       1   angle.

       2        Q    Okay.  The difference being that what you

       3   were able to see included the van and what the film

       4   included would tell us whether or not you're telling

       5   us the truth about, it ain't there, right?

       6        A    Yeah.  I saw the van in the middle of the

       7   street and the video doesn't show that except maybe a

       8   little bit of the back of it in front of it.

       9        Q    When did you last view this videotape before

      10   coming to court today?

      11        A    Um, I think I saw it yesterday.

      12        Q    All right.  When did you last see it before

      13   that?

      14        A    Um, I guess maybe a week ago.

      15        Q    Now, at that time it included additional

      16   footage, didn't it?

      17        A    Um, yeah, I think so.

      18        Q    Okay.  And did you edit the tape so the

      19   parts that you wanted were in it and the parts that

      20   you didn't want weren't?

      21        A    No, I didn't.

      22        Q    Who edited the tape after it was produced?

      23        A    I'm not sure.  I was given the tape to see

      24   that, to watch.

      25        Q    Okay.  What we have here is a tape that you


       1   didn't make that you admit was edited.  Footage was

       2   removed from the tape, right?

       3        A    Sorry, what?

       4        Q    Footage was removed from the tape, right?

       5   There was more to it when you saw it a week ago than

       6   there is now, right?

       7        A    You mean the original tape?

       8        Q    When you looked at the tape a week ago there

       9   was more to the tape than what is here.  It was

      10   longer?

      11        A    Yeah, I guess they recorded more of it.

      12        Q    Okay.

      13        A    From the different angle.

      14        Q    And somebody and you don't know who, edited

      15   that out before you and Mr. Pope brought the tape to

      16   court today?

      17        A    I don't know.

      18        Q    You don't know?

      19        A    No.

      20            MR. MERRETT:  May I have just a minute,

      21       Your Honor?

      22            THE COURT:  You can have it.

      23             (Whereupon, a pause in the proceedings took

      24        place.)

      25   BY MR. MERRETT:


       1        Q    Mr. Avila, I want you to assume that this is

       2   the Coachman parking lot entrance, the driveway.  This

       3   is where Ms. Bezazian was standing?

       4        A    Uh-huh.

       5        Q    The green car is here?

       6        A    Right.

       7        Q    Okay.  I want to make sure that what you're

       8   testifying happened was that a UPS van. a full-sized

       9   UPS van; not a Ford Aerostar, one that was specially

      10   built for them?

      11        A    Right.

      12        Q    Came this way and drove in here; is that

      13   right?

      14        A    Right.

      15        Q    Okay.  But, that there was a somewhere -- we

      16   know it wasn't between the Ft. Harrison and the corner

      17   of the car because we don't see it in the videotape,

      18   somewhere here there was a Scientology van that was

      19   stopped because it couldn't get through where the UPS

      20   truck was?

      21        A    Right.

      22        Q    Okay.  And tell the court, if you

      23   would -- just look at the judge and tell him how much

      24   bigger your vans are than a UPS truck?

      25        A    They're not bigger.


       1        Q    Okay.

       2        A    Maybe about the same wide.

       3            MR. MERRETT:  Okay.  I don't have

       4       anything further.

       5                    REDIRECT EXAMINATION

       6   BY MR. POPE:

       7        Q    Mr. Avila, when the green car finally moved,

       8   what did the van do?

       9        A    It went into the parking lot.

      10        Q    Behind the green car?

      11        A    Correct.

      12        Q    Where had it been standing before it came in

      13   behind the green car?

      14        A    On the street.

      15            MR. POPE:  Thank you.

      16            MR. HOWIE:  May it please the court?

      17            THE COURT:  Mr. Howie, yes.  Sorry, I

      18       missed your cross-examination.

      19                     CROSS-EXAMINATION

      20   BY MR. HOWIE:

      21        Q    Sir, this is a parking lot for Scientology

      22   parking lot?

      23        A    Correct.

      24        Q    And people going into that Scientology

      25   parking lot generally have business with the


       1   Scientology, correct?

       2        A    Yes.

       3        Q    It is not considered a public parking lot or

       4   space where anyone can park in, correct?

       5        A    Right.

       6        Q    Can you identify the driver of the green car

       7   that's stopped in the driveway?

       8        A    No idea.

       9        Q    You have no idea why they were there?

      10        A    Just because they happened to stop to go in.

      11        Q    And you have no idea why they had stopped?

      12        A    I just saw them pull in and they started to

      13   go in.

      14        Q    And you have no idea why they stopped?

      15        A    I have no idea.  He's definitely not a

      16   Scientologist.  I've never seen him before.

      17        Q    But you don't know who it is?

      18        A    Right, I don't know.

      19        Q    And you don't know what their business was?

      20        A    Right.

      21        Q    And you don't know why they stopped, do you?

      22        A    They stopped because they stopped because to

      23   talk to her, yeah.

      24        Q    They stopped to talk to Tory Bezazian?

      25        A    Yeah.


       1        Q    When you say they, how many occupants of the

       2   car were there?

       3        A    There was one person in the car and she was

       4   standing outside.

       5        Q    Now, you did observe that the car stopped

       6   voluntarily, did you not?

       7        A    I didn't see if she waved them down or they

       8   came to her, but when I looked she was there talking

       9   to the person.

      10        Q    And did you also notice that when the van

      11   pulled up behind that Tory Bezazian walked backwards

      12   waving the car.  You did observe this, didn't you?

      13        A    Yeah.  At that point because then that van

      14   was behind the car.

      15            MR. HOWIE:  Thank you.  No further

      16       questions.

      17            THE COURT:  Hold on just a minute.

      18             (Whereupon, a pause in the proceedings took

      19        place.)

      20            Mr. Merrett, anything else?

      21                    RECROSS-EXAMINATION

      22   BY MR. MERRETT:

      23        Q    Just briefly.  Do you know all of the

      24   Scientologist that there are?

      25        A    No, not completely.  I usually have seen


       1   them.

       2        Q    I thought there was eight million of them?

       3        A    Probably.

       4            MR. MERRETT:  I don't any have anything

       5       further.

       6            THE COURT:  All right.  Mr. Pope.

       7            MR. POPE:  Nothing further, Your Honor.

       8            THE COURT:  Okay.  Can we excuse him?

       9            MR. POPE:  We can.

      10            THE COURT:  Okay, sir.  I thank you come

      11       coming in.  You are free to leave.  Mr. Pope,

      12       call your next witness.

      13            MR. POPE:  We call Antonio Avila.

      14            MR. MERRETT:  Your Honor, before we take

      15       that up, at this time I would a move a motion

      16       to strike the video that it was testified

      17       that the video has been altered and the last

      18       time since he had reviewed it had been

      19       edited, there was additional footage.  He

      20       didn't know what had been removed, he didn't

      21       know who removed it.  He didn't know why it

      22       was removed.

      23            He was very clear that that videotape

      24        was cut down from its prior state.

      25        Additionally I would simply remind the court


       1        that yesterday you accepted a videotape that

       2        was purportedly authenticated by the

       3        representation of Mr. Elkamel that he was

       4        the guy that monitored it, and therefore had

       5        seen that view and could therefore say that

       6        he really viewed what the camera took.

       7            Today we have somebody that wasn't in

       8        that room and I assume that because

       9        Mr. Elkamel's testimony was not necessarily

      10        what they like yesterday they have a

      11        substitute witness who didn't see it happen,

      12        wasn't there and can't authenticate this

      13        view in the same way testifying to as I

      14        stated, he admitted on cross-examination is

      15        an edited tape and he doesn't know what's

      16        missing and he doesn't know who remove it

      17        and he doesn't know why.

      18            MR. HOWIE:  We join in the motion.

      19            MR. POPE:  Your Honor, the tape that the

      20       witness testified that what was on the tape

      21       was a true and accurate representation of

      22       what he saw.  That is the predicate for one

      23       of these tapes.  He doesn't have to tape it

      24       himself.  He just was there and he saw it.

      25       We cut off extraneous matter because --


       1            MR. MERRETT:  I'll object to counsel

       2       testifying.

       3            MR. POPE:  The extraneous matter is out

       4       of the tape, Your Honor, because it didn't

       5       relate to the point of Ms. Bezazian blocking

       6       the driveway.  That was the point of the

       7       tape.  It didn't make sense to put a lot of

       8       other stuff in there that didn't relate to

       9       that.

      10            MR. MERRETT:  May I cross?

      11            THE COURT:  Yes, sir.

      12            MR. MERRETT:  Would you state your name.

      13            MR. POPE:  That's cute.

      14            THE COURT:  I'm sorry.  I thought you --

      15       I didn't realize that's where you were going.

      16            MR. MERRETT:  Your Honor, Mr. Pope has

      17       reportedly testified to the preparation of

      18       this videotape as a matter of fact.  My point

      19       is simply the easy thing to do, Judge, is

      20       just tell them to bring Mr. Elkamel back or

      21       tell them to produce whoever edited the

      22       videotape.

      23            I understand Mr. Shaw doesn't want

      24        Mr. Elkamel back in the courtroom, but he's

      25        the one that can authenticate it and he said


       1        he's the one that did the edit and the

       2        cutting and the pasting on the one from

       3        yesterday so he may very well be the one

       4        that did this.

       5            MR. POPE:  Your Honor, you admitted the

       6       tape.  It's in evidence.  We've shown it.

       7       Can we move on?

       8            THE COURT:  Just a minute.  Let the

       9       record be real clear that I'm not striking it

      10       at this time, but I'll certainly take into

      11       consideration everything that's been said

      12       here and I will give it the weight I feel it

      13       deserves.  Let's press on.

      14            MR. POPE:  Call Antonio Avila.

      15            THE COURT:  Is there going to be a tape

      16       involved in this?

      17            MR. POPE:  Yes, Your Honor.

      18            THE COURT:  I'll just stay here.

      19            MR. POPE:  All right.








       1   Thereupon:

       2                       ANTONIO AVILA

       3   was called as a witness and having been duly sworn, was

       4   examined and testified as follows:

       5                     DIRECT EXAMINATION

       6   BY MR. POPE:

       7        Q    Tell us your name, please, sir?

       8        A    Antonio Avila.

       9        Q    Was is your address, sir?

      10        A    503 Cleveland Street, Clearwater, Florida.

      11        Q    And your occupation?

      12        A    I work as a security guard for Church of

      13   Scientology Flag Service Organization.

      14        Q    And I want to call your attention to

      15   December 4, 2000, late morning on the east side of the

      16   building of the Bank of Clearwater Building.  Were you

      17   present there at 11:30?

      18        A    I was.

      19        Q    What did you observe?

      20        A    I was on Waterson Avenue at 11:30 in the

      21   morning.  I observed --

      22            MR. MERRETT:  Excuse me, Your Honor.  I

      23       object to relevance.  There is no charge

      24       actual occurring on December 4.

      25            MR. POPE:  I believe there is, Your


       1       Honor.

       2            THE COURT:  I'm going to have to go back

       3       up to the bench.  I've got notes up there.  I

       4       need those.  I'll be right back. Just stay

       5       seated.

       6             (Whereupon, a pause in the proceedings took

       7        place.)

       8            MR. MERRETT:  I beg your pardon, Your

       9       Honor.

      10            THE COURT:  All right.  Do we stand

      11       corrected?

      12            MR. MERRETT:  Well, I think so, Your

      13       Honor, but the only problem is it looks like

      14       the count, it looks like after talking to

      15       Mr. Howie, we're jumping back and forth

      16       between orders to show cause.

      17            THE COURT:  Well, that's -- you know,

      18       that's why you all are AB attorneys.  You're

      19       able to follow these things.

      20            MR. POPE:  Let me explain.

      21            THE COURT:  Hold on just a minute now.

      22       Another rocket ship was launched.  Yes,

      23       Mr. Howie.

      24            MR. HOWIE:  Only for clarification, the

      25       allegations concerning December 4 at


       1       approximately 11:30 on Waterson Avenue are

       2       made in a separate motion order to show cause

       3       and show cause order, which specifically does

       4       not pertain to Tory Bezazian and if I

       5       understand the court's direction correctly,

       6       we were going to stick with one order to show

       7       cause at a time.

       8            THE COURT:  That's what I was trying to

       9       do.  I was hoping that we would have the good

      10       fortune to be able to do that.  I don't know

      11       if we're getting there.  Let me see what's

      12       going on.

      13            MR. POPE:  Your Honor?

      14            THE COURT:  Yes, sir.

      15            MR. POPE:  We have an amended and

      16       consolidated order to show cause.  In that

      17       there are three different people or groups of

      18       people.  Ms. Bezazian is one.  We rolled

      19       three of them up in one and the court entered

      20       the amended and consolidated one on

      21       January 4.

      22            THE COURT:  Yeah.  Now, that one I've

      23       got in front of me; Tory Bezazian.

      24            MR. POPE:  Tory Bezazian.

      25            THE COURT:  Yes, sir.  Robert Minton,


       1       John Merrett, Lisa McPherson Trust, Grady

       2       Ward, Jesse Prince, Rob Keller, Heather

       3       Bennett and Frank Oliver.

       4            MR. POPE:  Paragraph one deals with

       5       Bezazian, paragraph two deals with Keith

       6       Henson, and paragraph three deals with a

       7       group of people including Mr. Minton,

       8       Mr. Merrett, the Trust, Ward, Prince, Keller,

       9       Bennett and Oliver.

      10            Now, I just -- so it's all in one order,

      11        the last one related to Ms. Bezazian.  The

      12        coming witness relates to paragraph three

      13        which deals with Minton, Merrett the Trust,

      14        Ward, Prince, Keller, Bennett and Oliver.

      15            THE COURT:  Okay.  Now, you want to go

      16       ahead and proceed with Antonio Avila, right?

      17            MR. POPE:  Correct.

      18            THE COURT:  And I'm just going to leave

      19       him sitting there because we're dealing with

      20       the tape.  I'll go back in a minute.  Go

      21       ahead, Mr. Pope.

      22   BY MR. POPE:

      23        Q    Mr. Avila, I believe we had established who

      24   you are and that were on the east side of the Bank of

      25   Clearwater Building?


       1        A    Correct.

       2        Q    At 11:30 on December 4.  And I asked you to

       3   tell us what you observed, so will you please tell us?

       4        A    Yes, sir.  11:30 in the morning I was on

       5   Waterson Avenue next to the Clearwater Building, or

       6   the Bank of Clearwater Building and what observed John

       7   Merrett on the northeast end of the building.

       8             He had a ladder on the public side a right

       9   adjacent to the building and a was up on the ladder

      10   tampering with one of our security cameras.  What I

      11   mean is he had his hands on it and he was twisting it

      12   and changing its position.  That's a fixed camera

      13   which is a security camera.

      14             I observed that and started videotaping that

      15   and I also told one of the police officers that was

      16   there off-duty that Mr. Merrett was tampering with our

      17   camera.

      18             The officer went down to speak to him and

      19   after a minute or so Mr. Merrett got down from the

      20   ladder and Mr. Minton went up on the ladder and he

      21   started tampering with our camera also, grabbing it

      22   with his hands and changing its position.  I believe

      23   he was taking pictures of it, as well, and taking

      24   them.

      25             I got closer to get a better look and I


       1   overheard the police officer that was already at the

       2   location asking Mr. Minton to get down off the ladder

       3   grabbing the camera.  He was moving it or taking down.

       4             Mr. Minton said he was not doing that.  So I

       5   have that on tape and they actually -- we had to have

       6   one of our engineers come out and refocus the camera

       7   and replace it because it was completely out focus

       8   from messing around with it.

       9        Q    Who else was present at this event?

      10        A    We had -- I saw Jesse Prince there holding

      11   the ladder.  I saw Heather Bennett there helping with

      12   the ladder.

      13            THE COURT:  Slow down.  Just a minute.

      14             (Whereupon, a pause in the proceedings took

      15        place.)

      16            Go ahead, sir.

      17            THE WITNESS:  Grady Ward was there.

      18       Frank Oliver was also there, and Rod Keller

      19       was there all present when this was

      20       happening.

      21   BY MR. POPE:

      22        Q    How far away is this from one of the

      23   entranceways to the Bank of Clearwater Building?

      24        A    It's very close.  We have -- it's actually a

      25   delivery door where I believe there was someone in the


       1   kitchen this is a position I would say with five feet

       2   of the door.

       3             At that time we also had a delivery taking

       4   place and we had some of our church staff members

       5   exiting and entering that entrance that we received

       6   the delivery and one person didn't make a delivery

       7   because saw them out there and she went back inside.

       8   The other person had to continue doing the delivery,

       9   though.

      10        Q    Did you --

      11            MR. MERRETT:  Excuse me, Your Honor, I

      12       need to object and move to strike that last

      13       statement for lack of competence.

      14            THE COURT:  Which part?

      15            MR. MERRETT:  The part where he said

      16       that someone inside a building he wasn't in

      17       didn't come out for a particular reason.

      18            THE COURT:  Mr. Pope?

      19            MR. POPE:  Fine.  Disregard it, Your

      20       Honor.

      21            THE COURT:  It's struck.  Let's proceed.

      22   BY MR. POPE:

      23        Q    All right.  Now, later on was there another

      24   event later on in the day relative to this camera?

      25        A    Yes.  Later on in the day I believe it was


       1   Peter Alexander and Patricia Greenway.

       2            MR. MERRETT:  Objection.  Relevance.

       3            THE COURT:  Hold on just a minute.  Hold

       4       on.  Hold on.  Madam Court Reporter, read me

       5       back his answer, the one that was

       6       interrupted.

       7             (Thereupon, the answer referred to was read

       8        by the reporter as above recorded.)

       9            Thank you.  All right, Mr. Merrett, I

      10        take this is some sort of an anticipatory

      11        objection.  I'm not sure what he's saying.

      12            MR. MERRETT:  Well, Your Honor, the

      13       entirety of the allegations regarding the

      14       camera set out in paragraph, I think it's 3A,

      15       B and C of the amended and consolidated order

      16       to show cause.  They don't include

      17       Ms. Greenway and Mr. Alexander and they don't

      18       mention any event other than the event that

      19       was testified to.

      20            MR. POPE:  I agree, Your Honor.  I

      21       thought that was in there but it's not.  He's

      22       correct, so I will not pursue that line of

      23       questioning.

      24            THE COURT:  Okay.  Thank you all very

      25       much.  Thank you, Madam Court Reporter.  Go


       1       ahead.

       2            MR. POPE:  I'm going to have him

       3       identify the video, if I may.  May I, Your

       4       Honor?

       5            THE COURT:  Yes, sir.

       6   BY MR. POPE:

       7        Q    I'm going to show you this videotape,

       8   Mr. Avila.  What is this?

       9        A    This is the tape which I recorded on the

      10   December 4, 2000.

      11        Q    Okay.  Is it a true and accurate depiction

      12   of what you just described and what you saw?

      13        A    Yes, sir.

      14            MR. MERRETT:  Offer it into evidence,

      15       Your Honor?

      16            THE COURT:  Objection?

      17            MR. MERRETT:  Depending on what it

      18       actually is.  I don't know, Your Honor.

      19            THE COURT:  I'll tell you what I'll do.

      20       Go ahead and show it and then move it in.

      21            MR. MERRETT:  Your Honor, I would ask to

      22       be permitted to --

      23            THE COURT:  You want a proffer view like

      24       we did yesterday?  I'll step out of the

      25       courtroom and you all take a look at it.


       1            MR. MERRETT:  No, sir, I just want to

       2       bifurcate cross-examination.  I don't want

       3       the witness watching a videotape before he's

       4       cross-examined or the witness be excluded

       5       while the tape is published.

       6            THE COURT:  I'll give you cross now.  Go

       7       ahead, and Mr. Howie, you too, sir.  You want

       8       to go first?

       9            MR. HOWIE:  No, I'll let Mr. Merrett go

      10       first.

      11            THE COURT:  All right. Let's go ahead,

      12       Mr. Merrett.

      13                     CROSS-EXAMINATION

      14   BY MR. MERRETT:

      15        Q    Thank you, Your Honor, Mr. Avila, you've

      16   routinely worked on Waterson; is that correct?

      17        A    Yes, that is correct.

      18        Q    And a substantial part of your duties

      19   involves surveillance of the premises of the Lisa

      20   McPherson Trust, right?

      21        A    No, I'm outside our property keeping an eye

      22   to make sure nothing happens.  That's my job.

      23        Q    You were here yesterday and you heard

      24   Officer Harbert testify that the Scientology security

      25   guards there at the corner of Cleveland and Waterson


       1   routinely make calls on your radios or phones or

       2   whatever when people come around the corner and the

       3   coming and goings for the Trust.  Who you calling?

       4        A    I get calls all the time.  Sometimes I'm

       5   initiating the call and sometimes I'm responding to

       6   them.

       7        Q    When you're initiating the call in immediate

       8   conjunction with the arrival or departure of somebody

       9   who is associated with the Lisa McPherson Trust, who

      10   are you calling?

      11            MR. POPE:  Objection, Your Honor.  This

      12       is way outside the scope of my direct

      13       examination.

      14            THE COURT:  Mr. Merrett, where we going

      15       with this?

      16            MR. MERRETT:  It goes to bias.  I mean

      17       that's the bottom line.  I understand that --

      18            THE COURT:  Okay.  All right.  Go ahead.

      19       Press on.

      20   BY MR. MERRETT:

      21        Q    Who is that you call?

      22        A    It depends.  Sometimes I call Ahmed Elkamel

      23   who was here yesterday.

      24        Q    To alert him regarding videotapes in the

      25   cameras watching the street?


       1        A    I'm sorry?

       2        Q    To alert him that there is going to be

       3   action of some sort on the videotape that he's

       4   monitoring?

       5        A    Right, that I have -- right.  Right.

       6        Q    Okay.  So, essentially what you do is you

       7   help Scientology keep tabs on the people and the

       8   comings and goings of people to and from the Lisa

       9   McPherson Trust?

      10        A    Well, unfortunately we've had people

      11   actually mess with our cameras from the Lisa McPherson

      12   Trust and they're right, you know, pretty close to the

      13   property and so he needs to be aware of that.

      14        Q    And this is something that you've done

      15   before December 4.  This is what you were doing well

      16   before December 4, right?

      17        A    Negative.

      18        Q    Okay.  Let me make sure that your testimony

      19   is clear and on the record.  You're testifying under

      20   oath that prior to December 4 you did not monitor and

      21   report on people coming and going from Lisa McPherson

      22   Trust?

      23        A    On occasion.

      24        Q    Okay.  So the answer is then yes rather than

      25   no.


       1        A    I didn't fully get your question.

       2        Q    Okay.  I understand that it was complicated.

       3   The question was before --

       4            MR. POPE:  Excuse me, Your Honor.

       5            THE COURT:  All right.  All right.  Hey.

       6       Gentlemen --

       7            MR. POPE:  May we approach the bench,

       8       Your Honor?

       9            THE COURT:  No, let's do it another way.

      10       Let's go to my chambers with the court

      11       reporter and the bailiff.

      12             (An unrelated hearing took place in

      13        Chambers and was omitted from the transcript at

      14        the direction of The Court.)

      15            THE COURT:  All right.  Let's pick it

      16       back up.  Mr. Merrett, you were on cross.  Go

      17       ahead, sir.

      18   BY MR. MERRETT:

      19        Q    Now, Mr. Avila; is that a correct

      20   pronunciation?

      21        A    Yeah, that's fine.

      22        Q    I think we're in agreement that even prior

      23   to December 4 you had been observing and videotaping

      24   before on the comings and goings around the Trust,

      25   right?


       1        A    One specifically, like pickets.

       2        Q    But also you have done one in the last ten

       3   days as a matter of routine.  If somebody drives

       4   around the corner and stops at the Trust you stop and

       5   pick up your phone, right?

       6        A    On occasion.

       7        Q    Okay.  Now you mentioned that Mr. Elkamel

       8   was one of the people that you communicated with on

       9   those occasions.  Who else?

      10        A    That's about it.

      11        Q    Okay.  Who is your superior?

      12        A    Paul Kellerhoff.

      13        Q    Who is his superior?

      14        A    Actually, I don't know.

      15        Q    Where is Ben Shaw in your chain of command?

      16        A    He's not in the chain of command.

      17        Q    What department are you assigned to?

      18        A    I'm assigned to the security department.

      19        Q    And security is a part of what?

      20        A    It's part of the Church.

      21        Q    Okay.  What department within the Church is

      22   security part of?

      23        A    I believe it's department three.

      24        Q    And department three is what, by name?

      25        A    It's Inspections and Reports.


       1            THE COURT:  I'm sorry, I didn't hear

       2       you.

       3            THE WITNESS:  It's Department of

       4       Inspections and Reports.

       5   BY MR. MERRETT:

       6        Q    Department of Inspections and Reports and

       7   what is it above department three in the

       8   organizational chart?

       9        A    That's a division, division one.

      10        Q    Which is what one?

      11        A    It's the communications office division.

      12        Q    Okay.  Now, there is a term -- actually,

      13   Your Honor, I'll move on from at that subject.

      14             Now, if this is the Clearwater Bank Building

      15   here on the left and this is the Lisa McPherson Trust

      16   Building on the right, what is this building in the

      17   middle?

      18        A    It's a neutral business.  I'm not sure.

      19        Q    Okay, a neutral business.  And this I'm

      20   assuming is a public sidewalk, right?

      21        A    Correct.

      22        Q    Now, I want you to describe the camera that

      23   you're talking about, if you would?

      24        A    You want me to draw it or --

      25        Q    First off just describe it for me.


       1        A    Okay.  It's a camera that's on the north of

       2   the -- the northeast end of the Clearwater Bank

       3   Building it's about 12 foot up in the air affixed to

       4   our property, Clearwater Bank Building.

       5        Q    And what does the camera look like?

       6        A    Um, it's actually a box.

       7        Q    Okay.  A junction box, right?

       8        A    I don't know that.  It's just a box.

       9            THE COURT:  It's on the northeast corner

      10       of the bank building or I mean the Clearwater

      11       Building?

      12            THE WITNESS:  Yeah.

      13            THE COURT:  And is it up there at the

      14       roof?

      15            THE WITNESS:  No, it's close to it.

      16       It's about -- let me see.  It's about 12 foot

      17       up in the are.  It's on the wall.

      18            THE COURT:  That's the one next to the

      19       down drain?

      20            THE WITNESS:  I believe it is.

      21            THE COURT:  Okay.

      22            THE WITNESS:  I think there's a down

      23       drain there.  I'm not sure.

      24            THE COURT:  You all allowed me last year

      25       to go out there and observe and that's some


       1       of the things I observed.

       2   BY MR. MERRETT:

       3        Q    But the cameras -- there's actually two

       4   camera's right?

       5        A    Correct.

       6        Q    And the two cameras are contained in a box

       7   like this, right, with two of the knock-outs out?

       8        A    Well, it's a camera like -- I don't know how

       9   many cameras are in the box.

      10        Q    Okay.  But it's in a box like the one that

      11   I'm showing you?

      12        A    Yeah, it's got points on it.

      13        Q    If I could get you to just put your initials

      14   on the top of that box?

      15            THE COURT:  Here's a permanent marker.

      16            MR. MERRETT:  Your Honor, if I could ask

      17       the court to mark that for identification.

      18            THE COURT:  All right.  He initialled it

      19       in black.  I'll use a blue marker and call

      20       this Defendant's Exhibit For ID Number Two

      21       and let's put today's date on this, February

      22       11, 2001 and our case number is 99-7430-CI-8.

      23             (Defendant's Exhibit Two was marked for

      24        identification.)



       1   BY MR. MERRETT:

       2        Q    Now, Mr. Avila, that camera is mounted on a

       3   piece of conduit, right?

       4        A    I believe that there is conduit and there is

       5   something holding it down with screws to the wall.

       6        Q    Okay.  All right.  Please explain what you

       7   mean when you say you think it's anchored to the wall

       8   with screws?

       9        A    There is a piece of metal over the conduit

      10   and it's into the wall.

      11        Q    I understand.  I understand, so it's the

      12   conduit that's anchored, right?

      13        A    Right.

      14        Q    Okay.  Now, am I correct if this is the

      15   conduit, it comes down from the top of the building

      16   right?

      17        A    Right.

      18        Q    Okay.  And it makes a 90 degree turn, right?

      19        A    I'm not sure about that.  It goes into the

      20   box.

      21        Q    Okay.  At some point then, well, whether

      22   it's 90 degrees or something else it comes in the box,

      23   right?

      24        A    Right.

      25        Q    Now, putting exhibit two for identification


       1   as though it were on the end of the conduit, the way

       2   that the conduit is fixed and strapped to the wall the

       3   camera can be swung, correct?

       4        A    No, it can't.  It's fixed.

       5        Q    It's fixed?

       6        A    In other words, it can't move.

       7        Q    Okay.

       8        A    It's in a position so it doesn't move.

       9        Q    Okay, and that is accomplished how?

      10        A    Because I've seen it and it's got screws on

      11   it holding it.  It's not flexible or anything.

      12        Q    Well, show me on here where the screws are?

      13        A    Okay.  You got -- this is like kind of from

      14   the top.  I'm not sure, but the conduit itself has got

      15   a piece of metal and it goes like this across it and

      16   you got a screw here and it's got a screw here.

      17        Q    Okay.  Thank you.  Maybe I'm not making

      18   myself clear.  What I'm asking you is this.  If this

      19   is strapped, the conduit itself can rotate within the

      20   strap.  I'm not asking you if it can be pulled away

      21   from wall.

      22        A    I've never tried it.

      23        Q    So you don't know whether it can be,

      24   correct?

      25        A    Well, you see what happens, you could, but


       1   you have to force it because the screws are, you know,

       2   it's tightened down to the wall.

       3        Q    Okay.  Now, the name of this company that's

       4   next door to the CWB, the Clearwater Bank Building,

       5   you remember that?

       6        A    The name of the company?

       7        Q    Uh-huh.

       8        A    Motomco or something like that.

       9        Q    Okay.  Just assume -- well, let me ask you

      10   this.  There is a either a party wall or contact wall

      11   between and I'll refer to this as rat bait building

      12   because that's what they sell, between the rat bait

      13   building and the Clearwater Bank Building, okay?

      14            THE COURT:  What did you say?

      15            MR. MERRETT:  Rat bait, B-A-I-T.  I was

      16       talking to them one day and that's what they

      17       said they do.  They sell fine rat bait.

      18            THE COURT:  What is that, their national

      19       headquarters?

      20            MR. MERRETT:  Evidently.

      21            THE COURT:  Okay.

      22   BY MR. MERRETT:

      23        Q    That there is a shared wall here, right, or

      24   at least the walls are --

      25        A    Well, the walls aren't touching each other.


       1   It seems like the walls between the Clearwater Bank

       2   Building and that company are very close.

       3        Q    Right.  You couldn't stick your hand in

       4   between the buildings?

       5        A    No, you couldn't.

       6        Q    Okay.  That's what I wanted to established.

       7   Now, what I want you to do and just use the template,

       8   if you would, you know, to trace around it, if you

       9   would draw on that diagram where, in relation to the

      10   seam between the buildings where the buildings

      11   join --

      12        A    Where it is located?

      13        Q    Yeah.

      14        A    Okay, well, I'd say an inch or something

      15   like that.  That's approximate.

      16        Q    Okay.  And where was it located on

      17   December 4?

      18        A    About right there.  We're talking, right,

      19   December 4, that's how it was.

      20        Q    So, it's your testimony, just so that we're

      21   clear, on December 4 the wide surface of the box

      22   containing the cameras that you're talking about was

      23   hanging on the side of the Clearwater Bank Building?

      24        A    Right, an inch or so from the other

      25   building.


       1        Q    Is it also your testimony that that camera

       2   very clearly was not situated, not touching the rat

       3   bait building, but hanging in front of the rat bait

       4   building?

       5        A    I believe it was to the side like you've

       6   drawn there?

       7        Q    Say that one more time?

       8        A    I believe it was to the side.  Not on top of

       9   the rat bait building, but on the Clearwater Bank

      10   Building.

      11        Q    Okay.  All right.

      12        A    See, it might be sticking out onto the

      13   sidewalk a little bit, but not onto, you know, not in

      14   front of the rat bait building.

      15        Q    Okay.  Just to make your testimony clear and

      16   take one more view on this -- that was a bad one.

      17   We're looking down on the wall, okay.  This is the

      18   Clearwater Bank Building, this is the rat bait

      19   building and this is the wall between?

      20        A    Uh-huh.

      21        Q    Can you draw from there where you're saying

      22   the camera was situated if you were looking down from

      23   the roof at the juncture of the building?

      24        A    Sure.  You've got the conduit that sticks

      25   out a little bit.


       1        Q    Right.

       2        A    And you've got this here.

       3        Q    Okay.

       4        A    Now, I've never seen it from the top, so I'm

       5   just assuming.

       6        Q    Okay.

       7        A    See, I've never been up on a ladder looking

       8   at it but from the ground that's how it looks.

       9            MR. MERRETT:  Okay.  May I have just a

      10       moment, Your Honor?

      11            THE COURT:  You can have it.

      12            MR. MERRETT:  I think that Mr. Avila may

      13       for my part resume the witness stand.

      14            THE COURT:  Yeah, come on up here, sir.

      15       Let's see where we go from here.  Okay.

      16            MR. POPE:  Your Honor, I think this was

      17       some sort of preliminary cross-examination we

      18       were engaged in prior to my introducing the

      19       tape and playing it.  I think that's where we

      20       were.

      21            THE COURT:  That's where we are.  I

      22       don't think he's through, yet.

      23            MR. POPE:  All right.

      24            THE COURT:  Let's wait and see where

      25       this goes.


       1             (Whereupon, a pause in the proceedings took

       2        place.)

       3   BY MR. MERRETT:

       4        Q    Now, you testified that you saw Jesse Prince

       5   holding the ladder?

       6        A    That is correct.

       7        Q    How do you know who Jesse Prince is?

       8        A    Excuse me?

       9        Q    How do you know who Jesse Prince is?

      10        A    We know each on a first name basis.

      11        Q    How did you meet?

      12        A    We met several times in the street.

      13        Q    Uh-huh.

      14        A    He calls me by my first name.

      15        Q    Okay.  Did he introduce himself to you?

      16        A    Not exactly.

      17        Q    Right.  You had been shown photographs of

      18   him prior to ever meeting him, right?

      19        A    I'm not sure.

      20        Q    You had been advised of who he was and what

      21   he looked like before you ever met him by the people

      22   that you worked for and worked with, right?

      23        A    I believe that somebody pointed him out to

      24   me while he was on the street.

      25        Q    And identified him to you?


       1        A    Correct.

       2        Q    Okay.  How about Heather Bennett; how do you

       3   know who she is?

       4        A    Same way.

       5        Q    Somebody showed you a photograph of her and

       6   told you who she was?

       7        A    No, same way as Jesse Prince.  She was just

       8   on the street and somebody next to me from the Church

       9   told me that's Heather Bennett.

      10        Q    Okay.  And Grady Ward, how do you know who

      11   he is?

      12        A    I'm not sure.  I believe he was involved in

      13   a picket a few years ago and, yeah, I believe pointed

      14   him out too.

      15        Q    Okay.  And identified him by name?

      16        A    Correct.

      17        Q    Okay.  And Frank Oliver?

      18        A    I believe he was with Grady on that same

      19   picket a few years ago.

      20        Q    And somebody pointed him out and identified

      21   him by name?

      22        A    Right.

      23        Q    And Rod Keller?

      24        A    I don't recall how I know him.

      25        Q    Okay.  Have you ever met him?


       1        A    Not in person.

       2        Q    Okay.

       3        A    I've seen him from across the street.  We've

       4   been close.

       5        Q    I assume you mean physically close?

       6        A    Well, yes.

       7        Q    Okay.  You said that you haven't met him

       8   personally.  Have any met him any other way?  Have you

       9   met him over the internet or by telephone?

      10        A    No.

      11        Q    Okay.  Have you ever -- how do you know what

      12   head and face go with the name, Rod Keller?

      13        A    I can't remember how I came to know him.

      14        Q    Okay.  Somebody from the Church must have

      15   told you though, right?

      16        A    I believe so.

      17        Q    Okay.  And the Church takes great pains to

      18   identify and keep tabs on who is coming and going

      19   there, right?

      20        A    I'm sorry?

      21        Q    Scientology takes great pains, in other

      22   words they put forth great effort to make sure that

      23   they know who is coming and going at the Trust, right?

      24        A    I actually don't know how much effort they

      25   put into it.


       1        Q    Well, enough for you to get that names of

       2   people you never met, right?

       3        A    Right.

       4        Q    Okay.  And these persons have been described

       5   to you as suppressive persons?

       6        A    They have been described to me as members of

       7   the Lisa McPherson Trust.

       8        Q    They have also been described to you as

       9   suppressive persons or suppressive, correct?

      10        A    And you are referring to who?

      11        Q    These any or all of the people that

      12   enumerated as being on the sidewalk on December 4?

      13        A    Actually, they haven't been described to me

      14   like that.

      15        Q    Okay.  They are, however, suppressive

      16   persons, right?

      17        A    I would consider some of them to be.

      18        Q    Okay.  And the Lisa McPherson Trust is a

      19   suppressive or enemy organization, correct?

      20        A    Definitely an enemy organization, yes.

      21        Q    Okay.  And these people, some or all of them

      22   are enemies, correct?

      23        A    Right.

      24        Q    Okay.  Let me ask you, of the people seating

      25   on the right-hand side of room, we'll leave Mr. Howie


       1   out of the midst, is there anybody on this side of

       2   room that you haven't videotaped?

       3        A    I'm not sure I've videotaped the lady in the

       4   back with --

       5        Q    The red hair?

       6        A    Right.

       7        Q    Okay.

       8        A    Everybody else I think at one point or

       9   another I might have.

      10            MR. MERRETT:  Okay.  If I might have a

      11       moment, Your Honor?

      12            THE COURT:  You may.

      13             (Whereupon, a pause in the proceedings took

      14        place.)

      15   BY MR. MERRETT:

      16        Q    You know what?  I forgot to ask you this.

      17   You said Mr. Oliver was there?

      18        A    Yes.

      19        Q    What was he doing?

      20        A    He was next to the ladder.  I'm not sure

      21   what he was doing.

      22        Q    Okay.  And the ladder was in front of the

      23   rat bait building, right?

      24        A    I believe it was, well, within five feet of

      25   that entrance to the Clearwater Bank Building, so it


       1   must have been -- it could have been half way in the

       2   rat bait building and half way in the Clearwater Bank

       3   Building.

       4        Q    But you don't know?

       5        A    I'm not -- I can't say for sure.

       6        Q    Okay.  And you said that Mr. Keller was

       7   there.  What was Mr. Keller doing?

       8        A    He was right there where the ladder was, a

       9   few feet from there.

      10        Q    Doing what?

      11        A    Observing.

      12        Q    Okay.  And what did Mr. Ward do?

      13        A    He was at first observing and then somebody

      14   told him to get something and he want off on an errand

      15   and came back.

      16        Q    Now, you have videotaped people other than

      17   the people here coming and going out of the Lisa

      18   McPherson Trust, right?

      19        A    Yes.

      20        Q    Okay.  Former Scientologists coming and

      21   going out of the Lisa McPherson Trust, right, other

      22   than the former Scientologists that are here?

      23        A    It is possible.

      24        Q    Okay.  Now, which, if any, of the people in

      25   the courtroom do you know to be suppressive persons?


       1            MR. POPE:  Your Honor, this is way past

       2       any direct examination.  I mean, you've given

       3       him pretty wide latitude, but what does this

       4       have to do with my direct examination?

       5            MR. MERRETT:  Your Honor, if he remains

       6       subject to recalling, I don't have a problem.

       7            THE COURT:  Well, I don't know that he's

       8       going to be subject to recall, so I'll have

       9       to wait and see how this plays out.

      10            MR. MERRETT:  I'm not sure I understand.

      11       I apologize.  I think if you say he is --

      12            THE COURT:  Well --

      13            MR. POPE:  He's going to be here all

      14       day.

      15            THE COURT:  I'll make him subject to

      16       recall.  Let's press on.

      17   BY MR. MERRETT:

      18        Q    What was it that was being delivered at this

      19   time?

      20        A    I believe it was a bread delivery.

      21        Q    Okay.  It was a bread delivery -- there's

      22   not a bakery there in the Clearwater Bank Building, is

      23   there?

      24        A    Not exactly, no.

      25        Q    I guess my question is if the bread was


       1   going in, it wasn't coming out, right?

       2        A    That is correct.

       3        Q    Okay.  And was this bread coming from a

       4   Scientology bakery somewhere?

       5        A    I doubt it.  I don't have a clue actually.

       6             (Whereupon, a pause in the proceedings took

       7        place.)

       8        Q    Couple more questions.  You signed an

       9   affidavit in connection with this event?

      10        A    Yes.

      11        Q    Okay.  What did you hear the policeman tell

      12   Mr. Minton and myself?

      13        A    Well, actually I overheard him saying or

      14   actually asking Mr. Minton if he was -- this was while

      15   Mr. Minton was on the ladder.  The police officer came

      16   out and asked Mr. Minton if he had moved the camera or

      17   if he took it down.

      18        Q    Uh-huh.

      19        A    Mr. Minton's reply was no.

      20        Q    Okay.  Anything else that you heard the

      21   policeman say?

      22        A    Nothing that comes to mind, but they did

      23   have a -- they did talk for a little while.

      24             (Whereupon, a pause in the proceedings took

      25        place.)


       1        Q    Did you at any time hear the officer warn or

       2   instruct myself and Mr. Minton to stop what we were

       3   doing and leave?

       4        A    I didn't hear that.  From what I could tell,

       5   the sun was in the officer's line of view and he

       6   couldn't really see because I saw him putting his

       7   hands up trying to block the sun, so I don't think he

       8   really saw what was going on up there.

       9             Besides that, there was a person up there

      10   kind of blocking the view, as well.

      11            MR. MERRETT:  Okay.  May I approach the

      12       witness, Your Honor?

      13            THE COURT:  You may, sir.

      14   BY MR. MERRETT:

      15        Q    Let me show you a copy of the amended and

      16   consolidated order to show cause that was issued on

      17   the request of Scientology.  If you would, kind of

      18   flip through it.  There is something I need to ask you

      19   about in there.

      20             (Whereupon, documents were reviewed.)

      21             Here we go.  Paragraph 3A down there at the

      22   bottom.  You see the last sentence there?

      23        A    Yes.

      24        Q    It says an off-duty police officer was also

      25   there and after warning Mr. Merrett and Mr. Minton to


       1   stop what they were doing and leave, he later made a

       2   police report of the incident.

       3             Now, were there anybody else, any other

       4   Scientology security guards in the area, in the

       5   immediate area?

       6        A    No.

       7        Q    Okay.  Was there any other -- anybody else

       8   that you were able to see in a position to hear what

       9   the officer was saying?

      10        A    From Scientology?

      11        Q    Right, right, other than the people who

      12   you've talked about being out there messing around

      13   with the ladder and what not?

      14        A    Possibly the guy receiving the delivery.  He

      15   might have heard something.

      16        Q    Okay.  And now there is actually two, and

      17   I'm not talking about two cameras in a box.  There is

      18   actually two separate camera deals here.  One camera

      19   and there is another camera that's pointed south.

      20        A    Yeah, one going southbound and one pointing

      21   northbound.

      22        Q    Right, and the southbound camera in a

      23   separating housing, right?

      24        A    Above the other one, correct.

      25        Q    Okay.  And does either of those cameras have


       1   sound capability?

       2        A    I don't know.

       3        Q    Okay.  Have you ever heard a sound track

       4   tape from either of those cameras?

       5        A    Never.

       6        Q    Okay.  But you don't -- you're not the

       7   source of the allegation that the officer told

       8   Mr. Minton and myself to quit what we were doing and

       9   leave.  That must have come from somewhere else,

      10   right?

      11        A    You mean the warning?

      12        Q    Yeah, to quit what you're doing and leave?

      13        A    Well, when I spoke to the officer after he

      14   talked to you all, that's what he told me.

      15        Q    Uh-huh.

      16        A    That's what he told me, that he warned you

      17   and that you complied and went back inside.

      18        Q    Okay.  So you may have said that the officer

      19   warned Mr. Minton and myself to quit what we were

      20   doing and leave?

      21        A    I didn't hear him directly telling

      22   Mr. Minton or yourself that.  That's simply what the

      23   officer told me.

      24        Q    Okay.  And this set of events that you're

      25   talking about, it only happened once, right?  There's


       1   only been one incident involving that camera and

       2   Mr. Minton and me and all these people?

       3        A    Correct.

       4            MR. MERRETT:  I don't believe I have

       5       anything further, Your Honor.

       6            THE COURT:  Okay.  Mr. Howie?

       7                     CROSS-EXAMINATION

       8   BY MR. HOWIE:

       9        Q    May it Please the Court, Mr. Avila, you

      10   started videotaping right after you observed this

      11   activity around the camera, correct.

      12        A    Right.

      13        Q    So, virtually everything that you observed

      14   is on the videotape that you, yourself, made?

      15        A    Most of it, for the most part the -- I

      16   guess, when you guys brought the ladder or, I'm sorry,

      17   Mr. Minton and Mr. Merrett brought the ladder out and

      18   started climbing it, that's not on the tape, I don't

      19   believe.

      20        Q    But soon after Mr. Merrett started climbing

      21   on the ladder, that's when you started filming?

      22        A    Yeah, when he was on the ladder and he was

      23   actually grabbing and tampering with the camera,

      24   that's on the tape.

      25        Q    So virtually everything that you testified


       1   here concerning this incident is on your videotape?

       2        A    Right, except I didn't videotape the officer

       3   telling me, you know, what he did.

       4        Q    Okay.  How many times have you had an

       5   opportunity to observe the tape that's being offered

       6   in evidence?

       7        A    I believe two times.

       8        Q    And it's your testimony that that tape

       9   fairly and accurately depicts the events that you,

      10   yourself, observed, correct?

      11        A    Right.

      12        Q    And being a videotape with audio sound on

      13   it, would it be your position that if the tape varies

      14   from your testimony, it's the tape that's to be

      15   believed and not your testimony?

      16        A    I don't get your question.

      17        Q    All right.  If your testimony varies from

      18   what's on the tape, it's the tape we are to believe;

      19   is it not?

      20        A    I believe they are both one in the same.

      21        Q    All right, but any variation between your

      22   testimony and the tape you would agree that the tape

      23   most fairly and accurately depicts this better than

      24   your memory does?

      25        A    I believe my memory is just as good.


       1        Q    All right.  So it's your testimony that

       2   everything you testified to will be backed up and

       3   verified by the videotape you took?

       4        A    Exactly.

       5        Q    Without exception?

       6        A    Pretty much, yeah.

       7        Q    Now, concerning the spy camera that's on the

       8   side of building that you say was tampered with?

       9        A    It's actually a security camera.

      10        Q    A security camera?

      11        A    Yeah.

      12        Q    Is it on only when you need security or is

      13   it on all the time?

      14        A    It's on 24 hours, seven days a week.

      15        Q    And it's pointed towards the Lisa McPherson

      16   Trust?

      17        A    Well, it's northbound pointing at the

      18   sidewalk in that direction.

      19        Q    Right.  Anybody coming and going from the

      20   Lisa McPherson Trust would be in the view of that

      21   camera?

      22        A    I actually don't know.  I haven't seen it.

      23   I've just seen the camera there.  I don't know what it

      24   sees.

      25        Q    Was this, in fact, being -- to your


       1   knowledge was this camera being operated at the time

       2   that all these events occurred?

       3        A    The camera is on 24 hours a day, yes.

       4        Q    And to your knowledge the Church of

       5   Scientology has the ability to record or make a

       6   videotape of anything that comes within view of that

       7   camera?

       8        A    I'm not actually sure of that camera.  They

       9   do have the capability to do that in different

      10   cameras.  I'm not sure about that one.

      11        Q    Have you ever observed any videotape made by

      12   this particular camera that you say is affixed to this

      13   wall?

      14        A    I couldn't say.  I've seen many tapes.  I

      15   don't know.  I can't tell for sure if it's that

      16   camera.

      17        Q    And specifically do you recall seeing any

      18   videotape taken by the cameras affixed to the wall of

      19   this incident on December 4 that you've just

      20   described?

      21        A    Like I said, I'm not sure if it was that

      22   camera or another camera.

      23        Q    But you have seen videotapes of the incident

      24   other than the videotape you made?

      25        A    I don't recall for sure.


       1        Q    You're not certain now?

       2        A    I can't recall if I saw another videotape

       3   besides my own.

       4        Q    Is it your testimony, yes or no, that you

       5   have seen other videotapes of this December 4 incident

       6   other than the one that you, yourself, made?

       7        A    Yeah, I believe so.

       8        Q    It's your testimony that since all those

       9   videotapes exist, your don't know which camera made

      10   those videotapes?

      11        A    Correct.

      12        Q    So you don't know whether it's the camera

      13   that was affixed to the call that made this other

      14   videotape that you saw or some other camera?

      15        A    No, I know 100 percent that the tape that I

      16   filmed was from a camera which I had in my hand.

      17        Q    I'm talking about the other videotape that

      18   you just testified that you have seen?

      19        A    I just said that I didn't think I saw

      20   another one besides my own tape.

      21        Q    Oh, besides your own tape?

      22        A    I saw my tape.

      23        Q    All right.

      24        A    A few times and then I don't recall seeing

      25   another tape besides my own.


       1        Q    Do you have knowledge that there are any

       2   other tapes of this incident?

       3        A    I have no knowledge of that.  Like I said, I

       4   don't know if that camera is recording or not.  I know

       5   that many cameras do have the capability to record.  I

       6   don't know -- I'm not specifically sure about that

       7   one.

       8        Q    Now, you said that you've seen this tape

       9   that you made at least a couple of times, correct?

      10        A    Right.  About twice.

      11        Q    And you have listened while watching the

      12   tape you have listened to the audio portion of that

      13   tape at the same time, haven't you?

      14        A    Yes.

      15        Q    And it would be your testimony that the

      16   audio portion of that tape fairly and accurately

      17   depicts what was said within range of the microphone

      18   of your camera?

      19        A    Yes.

      20        Q    All right.  And do you have the capacity to

      21   turn up any volume or switch that increases the

      22   ability of the microphone of your cameras to pick up

      23   sound?

      24        A    No, I don't.

      25        Q    It's a fixed volume situation?


       1        A    Yeah.  I mean there is a switch for more

       2   volume, but it just raises all the sounds like a

       3   regular TV set.

       4        Q    Is it your testimony that you were in your

       5   position that day, December 4, able to hear things

       6   that you determined later on were not picked up by the

       7   video microphone?

       8        A    I'm not sure exactly all the sounds the

       9   microphone picked up, but it must have been able to

      10   pick up what I just described.

      11        Q    So, anything that you have heard would have

      12   been picked up on the microphone?

      13        A    Not necessarily, because the microphone is

      14   aiming in one direction and I can hear all around

      15   while the microphone probably doesn't have that

      16   capability.

      17        Q    Well, you say the microphone is aiming in

      18   one direction.  It's aimed in the direction where you

      19   point the camera, correct?

      20        A    Correct.

      21        Q    All right, and my question for you is, was

      22   the microphone capable of picking up everything in

      23   front of the camera that you, yourself, were able to

      24   hear?

      25        A    I don't know how much the microphone can


       1   pick up, but it should be there.

       2        Q    All right, and you have listened to this

       3   tape, correct?

       4        A    Correct.

       5        Q    And everything that occurs in front of the

       6   camera as far as any sound matches your own

       7   recollection of what was said and what was done,

       8   correct?

       9        A    That's correct.

      10            MR. HOWIE:  Thank you.  I don't have any

      11       further questions.

      12            THE COURT:  All right.  Mr. Merrett,

      13       before I go back over to Mr. Pope, do you

      14       have any questions in light of what Mr. Howie

      15       asked?

      16            MR. MERRETT:  Nothing further in

      17       relation to what we've covered, Your Honor.

      18            THE COURT:  Okay.  Mr. Pope, over to

      19       you.

      20                    REDIRECT EXAMINATION

      21            MR. POPE:  I would offer into evidence

      22       the videotape that he identified.

      23            THE COURT:  It will be received.  Hand

      24       it up here and let me mark it, please.

      25             (Exhibit was marked and admitted into


       1        evidence.)

       2            Who has that last tape?

       3            THE WITNESS:  Here it is.

       4            THE COURT:  Thank you.  What about the

       5       court reporter?

       6            MR. MERRETT:  Judge, I think counsel

       7       will agree --

       8            MR. POPE:  She doesn't need to try to

       9       take this down.

      10            THE COURT:  Okay.  As long as it is in

      11       evidence it's going to be in the court file.

      12             (Whereupon, the videotape was played.)

      13            MR. POPE:  May he just stay right there?

      14            THE COURT:  As long as everybody speaks

      15       up.

      16            MR. POPE:  May I approach the witness?

      17            THE COURT:  You may, sir.

      18   BY MR. POPE:

      19        Q    Mr. Avila, what is this?

      20        A    This is the photograph of the northeast end

      21   of the Clearwater Bank Building.  It shows a portion

      22   of the building which is between the LMT and the

      23   Clearwater Bank Building.

      24        Q    Does it show the camera?

      25        A    It shows the camera that was tampered with,


       1   yes.

       2        Q    Shows both cameras?

       3        A    Correct.

       4        Q    Is this a true and accurate depiction of the

       5   present configuration of the cameras?

       6        A    Uh-huh.  Yes.

       7        Q    When was this picture taken?

       8        A    That was taken on the same day, December 4,

       9   2000.

      10            MR. POPE:  Your Honor, I would offer

      11       this into evidence.

      12            THE COURT:  Okay.  Mr. Howie,

      13       Mr. Merrett, you have copies?

      14            MR. HOWIE:  Yes.

      15            MR. MERRETT:  Yes, sir.

      16            THE COURT:  And you know what he has in

      17       his hand?

      18            MR. HOWIE:  Yes, sir.

      19            MR. MERRETT:  Yes.

      20            THE COURT:  All right.  Any objection.

      21            MR. MERRETT:  I have some brief voir

      22       dire.  I do have an objection but voir dire

      23       before the objection.

      24            THE COURT:  Proceed.



       1                   VOIR DIRE EXAMINATION

       2   BY MR. MERRETT:

       3        Q    This was taken after the camera had been

       4   reset by the technician, correct?

       5        A    I couldn't say for sure.

       6        Q    It was certainly after the events depicted

       7   on the videotape, correct?

       8        A    Well, I can't say because I didn't take the

       9   picture.

      10        Q    Then you can't say when it was taken, can

      11   you?

      12        A    I know that someone took the picture that

      13   same day because I saw it that same day.  Yes, I did

      14   see the picture after this event.

      15        Q    All you are able to tell us is that this

      16   photograph was taken not later than December 4,

      17   correct?

      18        A    Correct.

      19        Q    And that is reflects the condition at the

      20   present time, correct?

      21        A    Right, on December 4.

      22        Q    Okay.  But obviously the picture was not

      23   taken prior to December 4, right?

      24        A    Right.

      25        Q    How do you know that?


       1        A    Because I saw the picture earlier the same

       2   day.  I also saw the picture before December 4 and on

       3   December 4.  I'm sorry, not a picture; by myself,

       4   being in the area.  I know how it looks now and I know

       5   how it looked back then and that's how it looked back

       6   then.

       7        Q    Okay.

       8        A    Even prior to December 4.

       9        Q    Okay.  Let's make it real clear.

      10        A    Yes.

      11        Q    Your under oath.

      12        A    Yes.

      13        Q    You're testifying this is exactly the

      14   position of that camera prior to December 4?

      15        A    Correct.

      16        Q    And you looked at the picture?

      17        A    Right.

      18        Q    There is no question in your mind and no

      19   problems with --

      20        A    As far as I can remember that's the way it

      21   looked even prior to December 4.  Now, it's a little

      22   different.  Now, it's a little bit more towards the

      23   south.

      24        Q    Right, because it's been swung back

      25   towards --


       1        A    Going back south.  Actually Officer Harbert

       2   recommended we move it back some.

       3        Q    Okay, so it wasn't crossing over the lines

       4   between the buildings?

       5        A    His recommendation was that it was too close

       6   so he wanted us to move it back.

       7            THE COURT:  Okay.  Too close to what?

       8            THE WITNESS:  To that rat bait building.

       9            THE COURT:  Okay.

      10            THE WITNESS:  However, that's how I

      11       recall it on that day and before that.

      12            MR. MERRETT:  I don't have any

      13       objection, Your Honor.

      14            THE COURT:  Mr. Howie.

      15   BY MR. HOWIE:

      16        Q    Yes, if I may.  Mr. Avila, it's your

      17   testimony that this picture was taken on December 4,

      18   the same day as this incident?

      19        A    Right.

      20        Q    And you, yourself, did not observe this

      21   picture being taken but you saw this picture that same

      22   day, December 4?

      23        A    Right.

      24        Q    And you saw the picture several hours after

      25   the incident depicted on the video camera, correct?


       1        A    Right.  Now, there is a possibility -- see,

       2   I don't know who the photographer is, so I did see

       3   people around who were filming.  I don't know if that

       4   came from one of those guys or who it came from.

       5        Q    But you would agree that this picture, you

       6   did not see it until several hours after this incident

       7   that you videotaped, correct?

       8        A    About an hour or so, yes.

       9        Q    An hour or so?

      10        A    Maybe a couple hours, yeah.

      11        Q    Maybe several hours.

      12        A    I would say a couple hours.

      13        Q    Do you recall seeing the videotape with the

      14   officer standing there in the sunlight?

      15        A    Uh-huh.

      16        Q    Do you recall --

      17        A    Yeah, that was 11:30 in the morning.

      18        Q    11:30 in the morning?

      19        A    Right.

      20        Q    And you observed the officer had to squint

      21   to shield his eyes?

      22        A    Yes.

      23        Q    Because the sun was directly above him,

      24   correct?

      25        A    Right.


       1        Q    And isn't it a fact that this wall depicted

       2   in the photograph is on the east side of the building,

       3   correct?

       4        A    Right.

       5        Q    And isn't it a fact that this building is

       6   now entirely in the shadows, correct?

       7        A    Correct.

       8        Q    And isn't it a fact that this awning over

       9   the electrical box here in fact shows the angle of the

      10   sun from the west, correct?

      11        A    Correct.

      12        Q    And is it correct to assume then that this

      13   picture was taken hours after the incident that you

      14   saw?

      15        A    Yes, sir.

      16            MR. HOWIE:  Thank you.  Nothing further.

      17       I have no objection.

      18            THE COURT:  All right.  It will be

      19       received.  Let me get it marked.

      20             (Plaintiff's Exhibit Seven was admitted

      21        into evidence.)

      22            All right, Plaintiff's Exhibit Number

      23        Seven, this photograph, is in evidence.

      24            MR. POPE:  Your Honor, I would continue

      25       with Mr. Avila, but at this point in time I'm


       1       switching from the amended and consolidated

       2       order to show cause to the second one which

       3       deals with Mr. Minton, Lerma, Enerson,

       4       Bezazian and Gogolla.

       5            THE COURT:  Wait a minute.  Before we

       6       make that switch, let me do something, okay.

       7       Mr. Merrett.

       8            MR. MERRETT:  Yes, sir.

       9            THE COURT:  Do you have any cross,

      10       anything else that you want to ask regarding

      11       this incident, the camera, the ladder the

      12       photograph or the tape.

      13            MR. MERRETT:  Just one, Your Honor.

      14            THE COURT:  You may.

      15            MR. MERRETT:  Thank you.  Do you need

      16       this?

      17                    RECROSS-EXAMINATION

      18   BY MR. MERRETT:

      19        Q    No, sir.  Mr. Avila, everything that you say

      20   that you saw, myself and Mr. Minton, Mr. Ward,

      21   Mr. Keller, Mr. Oliver, Ms. Bennett, Mr. Prince,

      22   everything that said that you saw those people doing

      23   on December 4 in connection with this camera is on the

      24   tape, right?

      25        A    Should be.


       1        Q    I'm sorry?

       2        A    I believe so, yes, sir.

       3            MR. MERRETT:  Okay.  I don't have

       4       anything further, Your Honor.

       5            THE COURT:  Mr. Howie?

       6            MR. HOWIE:  Nothing further, Your Honor.

       7            THE COURT:  Okay, Mr. Pope, anything in

       8       light of those questions?

       9            MR. POPE:  Nothing further, Your Honor.

      10            THE COURT:  Okay.

      11            MR. POPE:  I would however be grateful

      12       for a five minute recess.

      13            THE COURT:  All right.  Yes, sir.  Let's

      14       do this.  Let's take at least a 15 minute

      15       recess.  We've been going a while.  Let's

      16       take an afternoon break.  I'll make it 20

      17       minutes.

      18            MR. MERRETT:  Your Honor, could I

      19       mention one thing before we do that?

      20            THE COURT:  Sure.

      21            MR. MERRETT:  There are a substantial

      22       number of people named to respond to the

      23       order to show cause.  I believe we started on

      24       Scientology's case at 1:00 or 1:30 yesterday

      25       afternoon and consumed the balance of the


       1       day.  It's now three o'clock.

       2            THE COURT:  Gentlemen, let me tell you

       3       all something.  I'm aware that one, I have a

       4       full courtroom.  There are still a lot of

       5       people here.

       6            Two, we went a full day yesterday.

       7        We're going to go -- we'll get in about five

       8        or six hours today and so that there is no

       9        misunderstanding, hear me.  We will pick

      10        this up at nine o'clock tomorrow morning, go

      11        all day tomorrow and go all day Tuesday.  I

      12        can't go all day Tuesday, but we'll go up to

      13        2:30 on Tuesday and then we'll pick it back

      14        up on Thursday if we have to.

      15            I realize that this is my jury trial

      16        week, but the way my calendar is breaking

      17        this is my number one case and we will

      18        continue so the people that have flown in

      19        won't have to fly back out of town or

      20        anything else and we will, I'm going to say

      21        this one more time, we will, W-I-L-L, pick

      22        it up at nine o'clock tomorrow morning.

      23        Thank you all very much.

      24             (Thereupon, a short recess was taken, after

      25        which the proceedings continued.)


       1            THE COURT:  All right.  Are we ready

       2       now?  Mr. Pope said that he wants to shift

       3       gears here and go into a new area and so

       4       let's do that.

       5            MR. POPE:  All right.

       6            THE COURT:  Now, this witness, we need

       7       the witness back on the stand.

       8            MR. POPE:  We do.

       9            THE COURT:  We're going to still use the

      10       same witness.  Come on back up and have a

      11       seat on the stand, sir.  Mr. Pope.  Where are

      12       we going on with this one?

      13            MR. POPE:  This is the second order to

      14       show cause that is directed at Mr. Minton,

      15       Mr. Lerma, Mr. Enerson, Ms. Bezazian and

      16       Ms. Gogolla.

      17            THE COURT:  Do you have a copy handy?

      18            MR. POPE:  I do, Your Honor.

      19            THE COURT:  Okay.  Proceed.

      20                     DIRECT EXAMINATION

      21   BY MR. POPE:

      22        Q    Mr. Avila, I want to direct your attention

      23   to December 1, 2000, specifically to Mr. Randy

      24   Enerson.  Did you observe Mr. Enerson on that date?

      25        A    Yes, I did.


       1        Q    Would you tell the court what you observed?

       2        A    I observed him picket in front of the

       3   Clearwater Bank Building.  This was around five in the

       4   afternoon.  He had a picket sign up in the air.  He

       5   was on the right in the sidewalk right in front of the

       6   Clearwater Bank Building and in the injunction that is

       7   designated as a no picket sign.  I'm sorry, I mean

       8   picket place.

       9        Q    All right.  Did you make a video of this?

      10        A    Yes, I did.

      11        Q    And is the video a true and accurate

      12   representation of what you saw?

      13        A    Yes.

      14            MR. POPE:  Let me get that video, if I

      15       may, Your Honor?

      16            THE COURT:  Okay.  Did you get the

      17       video?

      18            MR. POPE:  Yes, thank you.

      19            THE COURT:  Proceed.

      20   BY MR. POPE:

      21        Q    Mr. Avila, that video that you just

      22   described?

      23        A    Yes, sir.

      24            MR. POPE:  Offer it in evidence, Your

      25       Honor?


       1            THE COURT:  Mr. Merrett, would you like

       2       to voir dire?

       3            MR. MERRETT:  That's okay, if this is

       4       what I think it is and if it isn't, I'm sure

       5       Mr. Pope would tell me.

       6            THE COURT:  All right.  Hold on then,

       7       folks, while this gets in evidence.

       8             (Plaintiff's Exhibit Number Eight was

       9        marked for identification.)

      10            MR. MERRETT:  If I may inquire of

      11       Mr. Pope real briefly, Your Honor?

      12            THE COURT:  Please.

      13            MR. MERRETT:  That's the one that's

      14       marked Enerson, 12/1 or whatever?

      15            MR. POPE:  I believe so.

      16            THE COURT:  December 1, 2000 is what's

      17       on this.

      18            MR. MERRETT:  Fine.

      19            THE COURT:  All right.  This is in

      20       evidence.  It is Plaintiff's Exhibit Number

      21       Eight.

      22            MR. POPE:  May I publish it, Your Honor?

      23            THE COURT:  You may, sir.

      24            MR. POPE:  You want it flipped around

      25       that way, Your Honor?


       1            THE COURT:  Yes, please.

       2            MR. POPE:  You want to step down, sir.

       3            THE COURT:  I coming.  Hold on.  Give me

       4       a chance to get there.

       5             (Whereupon, the videotape was played.)

       6            THE COURT:  All right.

       7   BY MR. POPE:

       8        Q    Which one is Randy Enerson?

       9        A    He's the one with the picket sign up in the

      10   air.

      11        Q    And the red shirt on?

      12        A    Correct.

      13            MR. POPE:  I don't have any further

      14       questions with respect to this particular

      15       item, Your Honor.

      16            THE COURT:  Okay.  Mr. Merrett.

      17            MR. MERRETT:  Your Honor, I'm not sure

      18       if there is to be further direct examination

      19       of Mr. Avila on different subjects?

      20            MR. POPE:  Yes.

      21                     CROSS-EXAMINATION

      22   BY MR. MERRETT:

      23        Q    Thank you, Your Honor.  Mr. Avila, what we

      24   saw on the tape is what you saw, right.

      25        A    Yes, I filmed that.


       1        Q    That's all there is, right?

       2        A    Well, there is more footage that was taken

       3   out.

       4        Q    Okay.  Who took it out?

       5        A    I'm not sure.

       6        Q    It wasn't you, though, right?

       7        A    I wasn't me.

       8        Q    Is there a master tape editor at Scientology

       9   or is this just done by whoever is standing there

      10   whenever a tape needs to be cut up?

      11        A    I don't know who does it.

      12        Q    But you're not involved with that?

      13        A    No.

      14        Q    Do you know if there is a central office, if

      15   it's Mr. Shaw's responsibility, Mr. Miscavige, is it

      16   Mr. Kellerhoff, who is it that does that?

      17        A    I said that I don't know.

      18        Q    Okay.  So what you know is that you had a

      19   videotape that was a certain length containing certain

      20   things and you turned it to Mr. Kellerhoff?

      21        A    No, well sometimes.  I turned it in to him a

      22   couple times.  Usually I turn it into reception.

      23        Q    Okay.  Reception being the front desk at

      24   Ft. Harrison or what?

      25        A    The reception at the office for public


       1   relations.

       2        Q    Which is part of the Office of Special

       3   Affairs?

       4        A    I believe so, yes.

       5        Q    Okay.  You turn it in there and then the

       6   next time you see it's been cut up, right?

       7        A    Sometimes.

       8        Q    And you don't know who did it or what

       9   happened in the meantime?

      10        A    I don't know who cut it up.

      11        Q    Okay.  Now. all that is under Mr. Shaw's

      12   jurisdiction, right?

      13        A    I don't know who cuts the tape up and I

      14   don't know who edited it.

      15        Q    But the Office of Special Affairs and all

      16   that, is Mr. Shaw and the people that work for him are

      17   the people that you work for, right?

      18             Now, the part missing from that tape is

      19   Mr. Enerson and the other people who were with him

      20   just going right on into the intersection of Cleveland

      21   and Waterson and hanging a left and going on down

      22   Waterson towards LMT, right?

      23        A    Actually I'm not sure if they continued down

      24   the sidewalk.  I believe you're right.

      25        Q    And went back to the LMT, as far as you


       1   recall?

       2        A    Yes.

       3        Q    All right.  Do you recall where they were

       4   coming from?

       5        A    I know they were coming back from a picket.

       6   I don't know -- I believe it was the Coachman

       7   Building.

       8        Q    Somewhere down --

       9        A    Somewhere down south of that property.

      10            MR. MERRETT:  Okay.  I don't have

      11       anything further.

      12            THE COURT:  Mr. Howie?

      13            MR. HOWIE:  I have no questions, Your

      14       Honor.

      15            THE COURT:  All right.  Mr. Pope.

      16            MR. POPE:  I would ask the witness to

      17       take the witness stand again, Your Honor.

      18            THE COURT:  Okay.  Let's go back that

      19       way.

      20            MR. POPE:  While he's taking the stand,

      21       Your Honor, I'm going to be asking him about

      22       I think four different episodes that occurred

      23       on January 6 and 7, 2001, relating to the

      24       second order to show cause and my plan is to

      25       examine him orally as to each of those events


       1       and play the video.

       2            THE COURT:  Okay.

       3                     DIRECT EXAMINATION

       4   BY MR. POPE:

       5        Q    Mr. Avila, call your attention to January 6,

       6   2000 about four clock in the afternoon?

       7            THE COURT:  Wait a minute.  January 6 of

       8       what year?

       9            MR. POPE:  I'm sorry, 2001.  I misspoke.

      10            THE COURT:  I was going to say, let's

      11       not waste time on 2000.

      12            MR. POPE:  I misspoke.  We're not going

      13       to waste time on it.

      14            THE COURT:  Thank you, sir.  Go ahead.

      15   BY MR. POPE:

      16        Q    January 6, 2001 about 4:00 PM with respect

      17   to Mr. Minton, Mr. Merrett, Mr. Enerson, Mr. Lerma,

      18   did you observe them?

      19        A    Yes, they were picketing.  This was in the

      20   Coachman Building on the south side and Mr. Minton had

      21   a pole with, I believe it was an extended pole with a

      22   copy of the injunction on the end of it and he had a

      23   horn on the pole making noises and he also had a loud

      24   megaphone which he was speaking through as part of the

      25   demonstration and with him was -- I'm sorry, this is


       1   December 6?

       2        Q    No, January 6, 2001?

       3        A    January 6?

       4        A    Right.

       5        Q    Okay.

       6        A    Yeah, so it was that and he Anita Gogolla

       7   was there picketing with the sign and Enerson was also

       8   present with a sign.

       9            THE COURT:  Slow down just a minute.

      10       Robert Minton and who was the other one?

      11            THE WITNESS:  Anita Gogolla.

      12            THE COURT:  I'm sorry?

      13            THE WITNESS:  I'm not sure of the

      14       pronunciation.

      15            MR. MERRETT:  I can spell it for the

      16       court.

      17            THE COURT:  I've got it; G-O-G-O-L-L-A,

      18       is that it, Anita?

      19            THE WITNESS:  Gogolla.

      20            MR. MERRETT:  That's it.

      21            THE COURT:  All right.  And then the

      22       other one was who?

      23            THE WITNESS:  Enerson, Mr. Enerson was

      24       there.

      25            THE COURT:  E-N-E-R-S-O-N?


       1            THE WITNESS:  Correct.

       2            THE COURT:  Okay.  And who else?

       3            THE WITNESS:  And Arnie Lerma was there.

       4            THE COURT:  Arnaldo, A-R-N-A-L-D-O

       5       Lerma, L-E-R-M-A; is that it?

       6            THE WITNESS:  Correct.

       7            THE COURT:  Okay.

       8   BY MR. POPE:

       9        Q    Was Mr. Merrett present?

      10        A    We was present, as well.

      11        Q    All right.  At any time did they get into

      12   the driveway of the parking lot south of --

      13        A    Yeah, they did.  During the picket and

      14   protest they were in fact protesting in the entrance

      15   of the driveway to the Coachman Building which is also

      16   prohibited by the injunction.

      17            MR. MERRETT:  Judge, I'm going to have

      18       to object and ask the court to instruct the

      19       witness not to make commentary on legal

      20       conclusions.

      21            THE COURT:  Mr Pope.

      22            MR. POPE:  Your Honor, as I recall,

      23       Mr. Merrett was asking one of these witnesses

      24       yesterday to show where -- point out in the

      25       injunction where the person was.


       1            I mean this gentleman and the police

       2        officers and everybody concerned is supposed

       3        to know the terms of it so they can comply

       4        with it.  It seems to me he ought to be able

       5        to say that.

       6            MR. MERRETT:  If I may, as a fact

       7       witness, rather than a visiting legal

       8       scholar, Mr. Avila's purpose is to tell the

       9       court what he saw, where people were and what

      10       they were doing.  Not whether those actions

      11       were violations of the injunction or

      12       violations of anything else.

      13            THE COURT:  I would agree with that as

      14       far as the fact witness and everything else.

      15       If Mr. Pope wants to establish a little

      16       predicate here, that's fine.

      17   BY MR. POPE:

      18        Q    Where you say you saw them with respect to

      19   the driveway?

      20        A    Right on the driveway.

      21        Q    All right.  And did they move to any other

      22   location after they were there?

      23        A    They continued northbound.  Also Mr. Minton

      24   was with his pole, he was extending it into our

      25   property with that injunction at the end of the pole.


       1        Q    Okay.

       2        A    And that incident occurred just moments

       3   before they were on the driveway.

       4        Q    Did you video this?

       5        A    Yes, I did.

       6        Q    Is the video you made a true and accurate

       7   depiction of what you saw?

       8        A    Yes, sir.

       9        Q    Let me call your attention to the late

      10   afternoon of January 6 with respect to Mr. Minton,

      11   Mr. Lerma, Mr. Enerson and Mr. Merrett.  Did you

      12   observe them on January 6 of the late afternoon?

      13        A    Yes, sir.

      14        Q    What did you see?

      15        A    They were going northbound Waterson on the

      16   east end of the street.  Now, at one point Mr. Minton

      17   and Mr. Merrett --

      18            THE COURT:  Wait a minute.  Wait a

      19       minute.  Waterson?

      20            THE WITNESS:  Waterson Avenue, right

      21       next to the Clearwater Bank Building.

      22   BY MR. POPE:

      23        Q    And they were on the east side to start

      24   with?

      25        A    Right.  And then they crossed over onto the


       1   west side of Waterson to the Clearwater Bank Building

       2   and that was two individuals, Mr. Merrett and

       3   Mr. Minton.

       4             Mr. Minton had the pole extended up in the

       5   air and he was waiving the injunction at the end of

       6   the pole up to the second floor windows while at the

       7   same time speaking through the megaphone, protesting.

       8        Q    Let me direct your attention to January 7,

       9   2001 at about 5:50 PM.  Did you observe Mr. Lerma,

      10   Ms. Bezazian and Mr. Enerson?

      11        A    Yes, I did.

      12        Q    What did you see?

      13        A    They were again protesting.  This was on

      14   Pierce Street just north of the Ft. Harrison Hotel on

      15   the sidewalk next to the property.

      16             They had megaphones which they were yelling

      17   things through and they were putting it right up to

      18   the fence so that people inside the property could

      19   hear exactly what that were saying.

      20        Q    Yelling into which property?

      21        A    Into the Church property, which is right

      22   next to where they were.

      23        Q    And did Ms. Bezazian make any particular

      24   reference to the injunction during this time?

      25        A    Yes, she did.  She mentioned that and I


       1   believe I'm saying this verbatim.  She said per your

       2   own stupid injunction.  That's just -- I believe she

       3   said that to say that's why they were there.

       4        Q    Okay.  And did you video that?

       5        A    I did.

       6        Q    And is your video a true and accurate

       7   depiction of what you saw?

       8        A    Yes, sir.

       9        Q    Did you video the previous episodes in which

      10   you saw Mr. Minton with the pole up in the air on the

      11   second floor, did you make a video of that on Bank of

      12   Clearwater Building?

      13        A    Yes, I did.

      14        Q    Is that a true and accurate depiction of

      15   what you saw?

      16        A    Yes, sir.

      17        Q    Now, let's go last to January 7, 2001 in the

      18   evening on Waterson.  Did you observe Mr. Minton

      19   Ms. Bezazian, Mr. Lerma and Mr. Enerson at that time?

      20        A    Yes, I did.

      21        Q    What activity was going on relative to the

      22   dining hall at that hour?

      23        A    Well, where he have the dinner mealtime

      24   at -- that happened to be around 6:30 in the afternoon

      25   which is when we have the mealtime and there is about


       1   1500 or so people coming to eat at that time and there

       2   is all the traffic in the street from the Church.

       3        Q    What did you observe Mr. Minton,

       4   Ms. Bezazian, Mr. Lerma and Mr. Enerson doing?

       5        A    They approached the loading zone where the

       6   buses load and unload the Church staff and they had

       7   picket signs with them.

       8             Mr. Minton had a megaphone and they

       9   approached the officers which were off duty there and

      10   Mr. Minton immediately starting yelling at them

      11   telling them that they were part of the Church or

      12   something to that effect and that they needed to

      13   follow the injunction and stay ten feet away from them

      14   and he proceeded to go -- at first he was on the

      15   sidewalk and then he stepped off the sidewalk while

      16   pointing at the officers and telling them that and

      17   then a couple minutes later he again was on the

      18   sidewalk -- I'm sorry, on the street again, where, you

      19   know, cars are supposed to be passing by and an

      20   officer told him he needs to get back on the sidewalk.

      21             Well, he refused to follow the officer's

      22   instructions and continued yelling at them from the

      23   street.  At that point one of the officers stepped up

      24   closer to him and kept repeating himself that

      25   Mr. Minton is to remove himself from the street and go


       1   onto the sidewalk.

       2             Then as Mr. Minton refused to do so and

       3   started obscenities, and another officer who was off

       4   duty at the same time approached him as well and they

       5   both convinced him to go back on to the sidewalk where

       6   he was supposed to be.

       7        Q    Is this the same event that Officer Harbert

       8   testify to yesterday?

       9            MR. HOWIE:  Objection.  Competence.

      10            THE COURT:  That's an interesting point.

      11       Yes, sir, Mr. Pope.

      12   BY MR. POPE:

      13        Q    Were you in the room yesterday when Officer

      14   Harbert testified about that episode?

      15        A    Yes, I was sitting right over there.

      16        Q    Did you hear his testimony?

      17        A    I did.

      18        Q    This is the same episode you observed and

      19   filmed?

      20        A    Yes, the same one.

      21        Q    All right.  And the film you made of it, the

      22   video you made of it, is that a true and accurate

      23   depiction of what you saw?

      24        A    Yes, sir.

      25        Q    And heard?


       1        A    Yes.

       2            MR. POPE:  Your Honor, that covers the

       3       episodes I would offer the videotape in

       4       evidence.

       5            THE COURT:  Let me back up just a

       6       minute.  The one, January 6, 2001, the first

       7       incident, approximately what time of the day

       8       was that?

       9            THE WITNESS:  I'm sorry, January?

      10            THE COURT:  January 6, the first one.

      11            THE WITNESS:  I believe that was around

      12       4:30 in the afternoon.

      13            THE COURT:  All right.  And involved in

      14       that was Mr. Minton, Gogolla, Bezazian,

      15       Enerson, Lerma and Merrett; is that correct.

      16            THE WITNESS:  I don't believe Bezazian.

      17            MR. POPE:  I don't believe Bezazian was

      18       there.

      19            THE COURT:  Okay.  And that was -- where

      20       was the location of that incident?

      21            THE WITNESS:  That was on the Coachman

      22       Building on the south side.

      23            THE COURT:  Okay.  Coachman Building,

      24       south side?

      25            THE WITNESS:  Correct.


       1            THE COURT:  Okay.  Hold on just a

       2       minute.  What do you mean, south side?

       3            THE WITNESS:  I'm referring to they were

       4       on the sidewalk just south of the Coachman

       5       parking lot, Coachman Building parking lot

       6       which is owned by the Church.

       7            THE COURT:  I've got the colored

       8       injunction here.  I'd like to show it to him

       9       and get him to -- do we have a copy that we

      10       can put an X on it?

      11            MR. POPE:  Here's one.

      12            THE COURT:  Yeah, that's the Coachman

      13       Building and this in the Bank of Clearwater

      14       Building?

      15            THE WITNESS:  Correct.  Now they were

      16       offer here, over here on the south side here.

      17       They protested around on this sidewalk here.

      18       Now, where I -- then they went around the

      19       corner here and this is the driveway I'm

      20       referring to where they was protesting at.

      21       That's right --

      22            THE COURT:  They were in the driveway?

      23            THE WITNESS:  In the driveway,

      24       protesting, yelling through the megaphones

      25       and the signs up in the air and so on.


       1            MR. HOWIE:  Thank you.

       2            THE COURT:  Okay.  Thank you, sir.

       3            THE WITNESS:  You're welcome.

       4            THE COURT:  Just a minute.

       5            THE WITNESS:  And at the same time if I

       6       may add, Mr. Minton had the pole into

       7       the -- like trespassing our property line.

       8            MR. HOWIE:  Objection.  Competence.

       9            THE COURT:  All right.  Let's do this

      10       now.  Just a minute.  On January 6, 2001,

      11       later in the day and I think you said this

      12       was in the Waterson area, there was another

      13       incident.  Who was involved in that?

      14            THE WITNESS:  That was Mr. Minton and

      15       Mr. Merrett.

      16            THE COURT:  Just those two?

      17            THE WITNESS:  There was actually, I

      18       believe it was the same people, Ms. Gogolla,

      19       Arnie Lerma, Mr. Enerson, and I believe

      20       that's it.

      21            THE COURT:  That was on the -- they

      22       were -- where were they again?  They were on

      23       the Waterson area.

      24            THE WITNESS:  Waterson Avenue.

      25            THE COURT:  Waterson.


       1            THE WITNESS:  And initially they were on

       2       the east end of the street.  Then at one

       3       point Mr. Minton and Mr. Merrett crossed the

       4       street, Waterson Avenue and they placed

       5       themselves adjacent to the Bank of Clearwater

       6       Building.

       7            THE COURT:  They were on the sidewalk

       8       adjacent to the Bank of Clearwater?

       9            THE WITNESS:  Correct.

      10            THE COURT:  That would be the west

      11       sidewalk?

      12            THE WITNESS:  Correct.  And Mr. Minton's

      13       sign --

      14            MR. HOWIE:  Objection, Your Honor.

      15       These are nonresponsive statements by the

      16       witness.

      17            MR. POPE:  Your Honor, the witness was

      18       answering the Court's questions about where

      19       they were and what happened.

      20            THE COURT:  Okay.  I'm just trying to

      21       get down to complete my notes to what I heard

      22       previously.  All right.  Go back to the

      23       January 7, Pierce Street and who was involved

      24       in that?

      25            THE WITNESS:  That was Tory Bezazian,


       1       Randy -- I'm sorry, Arnie Lerma, Randy

       2       Enerson, and that's it.

       3            THE COURT:  Where were they?

       4            THE WITNESS:  They were right here, on

       5       this area here.  There were three guys.

       6            MR. HOWIE:  Your Honor, may I have the

       7       record reflect that he's three Xs within the

       8       orange area along side Pierce Street.

       9            THE COURT:  Right.  The record will so

      10       reflect.

      11            MR. HOWIE:  Thank you.

      12            THE COURT:  Hold on now.  Let me do my

      13       notes.

      14             (A pause in the proceedings took place.)

      15            THE COURT:  All right.  Now later in the

      16       day other the 7th of January, 2001 on

      17       Waterson, who was involved in that?

      18            THE WITNESS:  That was Mr. Minton, Arnie

      19       Lerma, Randy Enerson, and Tory Bezazian.

      20            THE COURT:  What were they doing?

      21            THE WITNESS:  They were protesting with

      22       their picket signs and megaphones.

      23            THE COURT:  Where were they doing that?

      24            THE WITNESS:  On Waterson Avenue.

      25            THE COURT:  The street?


       1            THE WITNESS:  Actually they started out

       2       on the sidewalk, on the east sidewalk.  At

       3       one point Mr. Minton went up on to the street

       4       until he got directed off by the police

       5       officers.

       6            THE COURT:  Did I understand you to say

       7       Mr. Minton was the only one in the street?

       8            THE WITNESS:  Correct.

       9            MR. MERRETT:  And the others stayed on

      10       the sidewalk on the east side of Waterson?

      11            THE WITNESS:  Correct.

      12             (A pause in the proceedings took place.)

      13            THE COURT:  All right.  Now you want to

      14       show the video?

      15            MR. POPE:  I would offer it into

      16       evidence, Your Honor.

      17            THE COURT:  All right.  Plaintiff's

      18       Exhibit Number Nine is in evidence.

      19            MR. MERRETT:  Your Honor, I was just

      20       curious whether there was going to be an

      21       opportunity for interposition for an

      22       objection.

      23            THE COURT:  Yes, there will be.  Go

      24       ahead.

      25            MR. MERRETT:  Your Honor, this is a


       1       single -- actually can I see the exhibit?

       2            THE COURT:  Sure you can.  Here, take it

       3       here.

       4             (A pause in the proceedings took place.)

       5            MR. MERRETT:  Your Honor, I object to

       6       the admissibility of this evidence on a

       7       couple of grounds.

       8            The first being that this videotape

       9        fails to comply with the court's order

      10        regarding production of videotapes which is

      11        to be used in a party's case in chief in the

      12        that the videotapes that were supplied to

      13        Mr. Howie and myself of this event are not

      14        this tape.  They're tapes marked January 5,

      15        6 and 7.

      16            This is obviously another reedit by

      17        wherever the reedit department is.  This is

      18        not, this is clearly not the tape that was

      19        produced in purported compliance with the

      20        court's order regarding production of tapes.

      21            Additionally, the fact that it is now at

      22        least at a bare minimum second or third or

      23        fifth to twelfth generation edit, I mean

      24        it's not admissible, but principally it

      25        violates the court's order.


       1            They were supposed to give us the exact

       2        types that they were going to use and I

       3        don't have any idea what this is because

       4        this isn't even a duplicate what the sent

       5        us.

       6            MR. HOWIE:  I join in the objection and

       7       it is my recollection that I never received,

       8       although I received many tapes from

       9       Mr. Pope's office, I did not receive a tape

      10       marked as this one is, January 6 and 7

      11       events.

      12            THE COURT:  Mr. Pope.

      13            MR. POPE:  Your Honor, we produced to

      14       them everything single bit if video footage

      15       the we intend to use.  Between the time we

      16       produced it and today, for example that tape,

      17       I eliminated the stuff on January 5 because

      18       it wasn't pertinent to my case.  I mean, I

      19       produced it to them.  What's left is on

      20       there.  What's left is the stuff on the 6th

      21       and the 7th which they have.

      22            I was trying to save time and instead of

      23        looking at 20 minutes of videotape, maybe we

      24        could cut it down to five or six.

      25            The witness has testified as to the


       1        events and he's testified that this is a

       2        true and accurate reproduction and they have

       3        it.  They have every piece of video that --

       4        they've got it.  This is just a spurious

       5        objection.

       6            THE COURT:  All right.  Here's what I'm

       7       going to do.  I will step down, allow up you

       8       to show it.  Let them view it and see if that

       9       is a composite of exactly what you have

      10       already previously produced to them and

      11       contains -- well, I'm not going to say

      12       anything else.  I'll let them look at it and

      13       we'll wait and see what happens.

      14            MR. MERRETT:  I wonder if the witness

      15       could also be directed to leave the courtroom

      16       and placed under the rules of sequestration

      17       during the pendency of this matter?

      18            THE COURT:  That's all right.  We'll do

      19       it.  Mr. Bailiff, go with him out in the

      20       hall.  Gentleman, she's not going to be

      21       taking anything down and she needs to change

      22       her paper and get her machine reloaded and

      23       lets do this.  When you all get done looking

      24       at it, take ten.

      25             (Thereupon, Plaintiff's Exhibit Nine was


       1        played out of the presence of The Court, after

       2        which a short recess was taken, after which the

       3        proceedings continued.)

       4            THE COURT:  Come back to the witness

       5       stand, if you would, please, sir.

       6            We took a recess to allow the attorneys

       7        to look at the tendered video and comments?

       8            MR. MERRETT:  Your Honor, the objection

       9       as I made was to the apparent disparity

      10       between videotapes produced today and

      11       videotapes produced previously is withdrawn.

      12            THE COURT:  Is withdrawn?

      13            MR. MERRETT:  Yes, Your Honor.

      14            MR. HOWIE:  We are withdrawing ours

      15       also.

      16            THE COURT:  Can we proceed?

      17            MR. MERRETT:  Yes, sir.

      18            THE COURT:  Thank you very much.

      19       Mr. Pope up.

      20            MR. POPE:  I wish to publish it, Your

      21       Honor.

      22            THE COURT:  Okay.  Now let me do this.

      23       Did I get it marked?  It's ready to go.  It's

      24       in evidence.  Thank you.

      25            MR. POPE:  Your Honor, with your


       1       permission, since there are lot of different

       2       people involved I may freeze this from time

       3       to time so he can identify who these folks

       4       are with the court's permission.

       5            THE COURT:  Would you do that, please?

       6       That way everybody can keep track of what's

       7       going on.

       8            MR. MERRETT:  I ask as we have been

       9       doing earlier during the day that we

      10       bifurcate cross-examination so the witness

      11       can be examined on his recollection prior to

      12       viewing the videotape.

      13            THE COURT:  I don't have a problem with

      14       that.  Just tell me, you all let me know as

      15       we go to each event and when you want to a

      16       cross and do everything, okay, and let's you

      17       and I go back down there.  We'll shift gears

      18       again.

      19                     CROSS-EXAMINATION

      20   BY MR. MERRETT:

      21        Q    Mr. Avila, I want to ask you first about the

      22   first incident that you testified to -- you can stay

      23   seated if it's all right for the court.

      24            THE COURT:  Let him come up.  And just

      25       so nobody gets the wrong impression here,


       1       inasmuch as this witness as been up, down,

       2       back, forward, done a lot of walking and

       3       everything else and it is a little bit warm

       4       in here. I did notice that he had his coat

       5       off but I elected not to make an issue of it

       6       because of the moving around so don't anyone

       7       try to take advantage of it.

       8   BY MR. MERRETT:

       9        Q    The first incident you testified occurring

      10   in the south side of the Coachman Building, that was

      11   the afternoon of January 6 of this year; is that

      12   right?

      13        A    Could you repeat that?

      14        Q    The first incident that you testified to

      15   regarding this videotape occurred on the afternoon of

      16   January 6, right?

      17        A    Right.

      18        Q    Okay.  And the event that you're describing

      19   began on the south side of the Coachman Building; is

      20   that right?

      21        A    Correct.

      22        Q    And let's see.  So let me ask you first off

      23   the initial event that you're talking about occurred

      24   in this area here, correct?

      25        A    Correct.


       1        Q    Thank you.  I'm putting diagonal lines or

       2   actually making cross hashes through there.  Now, this

       3   is -- I'm going to show you Defendant's Number One for

       4   identification.

       5             Do you recognize that as being the

       6   attachment to the injunction that depicts the Coachman

       7   Building?

       8        A    Correct.  I didn't see this arrow here.

       9        Q    Okay.  I understand.  Just so you know,

      10   that's where a couple police officers marked on them.

      11        A    Okay.

      12        Q    Yesterday.

      13        A    Okay.

      14        Q    As far as the south side of Coachman on the

      15   sidewalk adjacent to Park Street, that's the area that

      16   you're talking about, correct?

      17        A    Correct.

      18        Q    And that is the area which on Defendant's

      19   Exhibit One for identification is colored as an orange

      20   area, correct?

      21        A    Correct.

      22        Q    Okay.  And the driveway off the alley on the

      23   west side -- that's east side of the Coachman parking

      24   lot, is that accurately depicted there?

      25        A    Not on your drawing it's incorrect.


       1        Q    Okay.  The tell me about the map on the

       2   injunction?

       3        A    That is it about right here.  The map on the

       4   injunction is pretty accurate.

       5        Q    Okay.  So what we've gotten is there is an

       6   alley that comes through this way, right?

       7        A    Right.

       8        Q    And you can turn into the alley and then in

       9   the parking lot; is that correct?

      10        A    Correct.

      11        Q    Okay.

      12        A    I would move that entranceway a little bit

      13   up.

      14        Q    Okay.

      15        A    Right.

      16        Q    All right.  And what exactly was Ms. Gogolla

      17   doing?

      18        A    She was protesting on the south side where

      19   you have you the Xs mark.

      20        Q    Okay, so Gogolla -- what did she have in her

      21   hand?

      22        A    Picket sign.

      23        Q    Anything else?

      24        A    She might have had something else.  I recall

      25   only the picket the sign.


       1        Q    Okay.  And Mr. Lerma?

       2        A    He had a megaphone and possible a picket

       3   sign.

       4        Q    Okay.  And let me see, Mr. Enerson?

       5        A    Same as Lerma.

       6        Q    Okay.

       7        A    I don't recall if they each had their own

       8   megaphone but I know they at least traded it off it

       9   they didn't their own megaphone.

      10        Q    And Mr. Minton?

      11        A    He had a megaphone and a pole.

      12        Q    Okay.

      13        A    Which I would say is about maybe ten feet

      14   long.

      15        Q    Okay.  And you said that I was there?  What

      16   was I carrying?

      17        A    You weren't carrying anything.

      18        Q    Cigar, maybe?

      19        A    Yeah, maybe you lit a cigar at one point.

      20        Q    Okay.  Now, the videotape that you have

      21   identified, is it a complete and continuous videotape

      22   from your camera?

      23        A    Yes.

      24        Q    Okay.

      25        A    Now, I'd like to -- the extras that was --


       1        Q    Right, I understand that.  Some stuff from

       2   January 5 I believe was deleted?

       3        A    Right.

       4        Q    Okay.  My question to you, though, is this.

       5   As far as what it show is what's on that tape

       6   everything that you filmed in th same continuous

       7   sequence?

       8        A    Yes.

       9        Q    Okay.  Did you stop filming at any time

      10   after you started filming them during the first

      11   incident picketing on the sidewalk on the south side

      12   of the Coachman Building?

      13        A    I don't recall exactly, but there is a

      14   possibility.

      15        Q    Why would you have stopped filming?

      16        A    Well, I believe they were there for an

      17   extended period of time and I only have a 30 minute

      18   tape.

      19        Q    Okay.  Now, you actually had come from as

      20   they had come from, around on Waterson Street,

      21   correct?

      22        A    Yeah, I believe they walked out of the LMT

      23   Building.

      24        Q    You had started from somewhere over there

      25   and come to the Coachman to observe what they were


       1   doing, correct?

       2        A    Correct.

       3        Q    Okay.  And you continued and I don't mean to

       4   use this as a loaded word, you continued to follow

       5   them or keep them in sight until they returned th the

       6   LMT, correct?

       7        A    Right.

       8        Q    And that included videotaping from inside

       9   this parking lot; is that right?

      10        A    Yeah, I positioned myself in the park lot.

      11        Q    Okay.  And that also included -- let's see

      12   if I've got this right.  That also included

      13   videotaping from somewhere here north of Pierce Street

      14   them across Ft. Harrison Avenue south?

      15        A    Coming south.

      16        Q    Well, okay, now here's what I mean.  You

      17   videotaped them -- well, you may have been south of

      18   them.  At some point you made videotapes of these

      19   people when these people were in front of where the

      20   super -- what is it called?

      21        A    You mean the construction site?

      22        Q    Yeah.

      23        A    I call it the construction site.

      24        Q    Okay.  That's the Super Power Building

      25   eventually?


       1        A    I believe so.

       2        Q    Okay.  You did make a videotape of them

       3   picket and doing whatever in front of the Super Power

       4   Building, right?

       5        A    On the sidewalk, yeah.

       6        Q    Okay.  And so the references in the

       7   affidavit and the motion and the order to show cause

       8   to people picketing in front of the Ft. Harrison,

       9   they're not on the sidewalk adjacent to the hotel, are

      10   they?

      11        A    No, they're across the street.

      12        Q    Okay.  So it is correct that at no time

      13   during the what is the 6th and 7th of January did you

      14   observe any people that you mentions on the sidewalk

      15   which is on Ft. Harrison Avenue adjacent to the hotel,

      16   right?

      17        A    Correct.

      18        Q    Okay.  You also -- oh, the megaphones that

      19   you talked about, these are not electrical devices,

      20   are they?

      21        A    I have no idea.

      22        Q    Okay.  Let me ask you if you will examine

      23   what I'll call Defendant's Exhibit Three for

      24   identification, tell me if this one of the megaphones

      25   you saw them using?


       1        A    Yes, that's one of them.

       2        Q    And you don't see any electrical parts or

       3   devices in there?

       4        A    None.

       5            MR. MERRETT:  Your Honor, if I could

       6       have this marked for identification as, I

       7       think, our three.

       8            THE COURT:  Just a second.

       9             (Defendant's Exhibit Three was marked for

      10        identification.)

      11            THE COURT:  That is marked as Defendant

      12       LMT's number three for ID.

      13            MR. MERRETT:  Thank you, Your Honor.

      14       Your Honor, so the record is clear, I'm

      15       assuming that the court, as I think we all

      16       have at various times during the case, we're

      17       using LMT as a shorthand for the Trust.

      18            THE COURT:  Yeah.  What I'm trying to do

      19       here is I've got two defendants of two

      20       distinct clients represented by attorneys.

      21       Mr. Howie represent Mr. Minton so sometimes I

      22       put my defendant RM exhibit or I'll put

      23       defendant LMT exhibit so I keep the two of

      24       them straight.

      25            MR. MERRETT:  I want tit clear though is


       1       that you've actually got 11 defendants here.

       2            THE COURT:  I understand that, yeah.

       3       Let the record reflect that that takes in

       4       everybody other than Robert Minton.

       5   BY MR. MERRETT:

       6        Q    Thank you, Your Honor.  Now, was it that

       7   same day that you saw Ms. Bezazian and Mr. Enerson and

       8   Mr. Lerma picketing on Pierce Street.

       9        A    On the sixth?

      10        Q    Yes.

      11        A    Okay.  I got you.

      12        Q    Was that the same day?

      13        A    I'm sorry, could you repeat the question?

      14        Q    Okay.  You testified about having seen

      15   Mr. Enerson, Ms. Bezazian and Mr. Lerma picketing on

      16   the Pierce Street side of the Ft. Harrison Hotel?

      17        A    Correct.

      18        Q    Was that the same day as the business with

      19   the megaphones and the pole?

      20        A    No, that was on the seventh.

      21        Q    Okay.

      22        A    Seventh of January, 2001.

      23        Q    So the business around the Coachman was the

      24   only thing and if I'm incorrect, listen carefully and

      25   if I'm incorrect, correct me.


       1        A    Okay.

       2        Q    The business around the Coachman Building

       3   was the only thing that you testified about happened

       4   on the sixth; is that right?

       5        A    Right.

       6        Q    Okay.  All right.  Now, on the seventh, you

       7   see that I've marked part of the area along Pierce

       8   Street, part of the sidewalk again with cross hashes

       9   and Xs.  Was it this area that you saw these people

      10   picketing?

      11        A    On that sidewalk, maybe a little farther

      12   down.

      13        Q    Little farther to what is that, west?

      14        A    That would be west.

      15        Q    Okay.  And at one point in the course of the

      16   videotape, you came or I guess you were around the

      17   corner?

      18        A    I was on the sidewalk.

      19        Q    Okay.  And you came further than ten feet

      20   back from the corner, right, from the corner of

      21   Ft. Harrison?

      22        A    Well, of course.  I was on the sidewalk.

      23        Q    Okay.  And how close did you get to them?

      24        A    To who?

      25        Q    To Bezazian, Enerson and Lerma?


       1        A    Originally I placed myself in, well within

       2   maybe 20, 30 feet from them.

       3        Q    Uh-huh.

       4        A    And I just maintained myself in that

       5   position.  I didn't move after that.  I remember

       6   Mr. Enerson walking towards me, but I was originally

       7   about 20, 30 feet away from them; something like that.

       8        Q    And you were -- the area that the I've

       9   marked in the cross hashes and the area there these

      10   people were, that is in the area that's on the

      11   attachment to the injunction that shows the

      12   Ft. Harrison Hotel that's in the orange area, correct?

      13        A    Yes, that's and orange area.

      14        Q    Okay.  So that's where they were and that is

      15   where you were when you came around the corner to

      16   videotape, correct?

      17        A    Yep.

      18        Q    You were likewise in the orange area?

      19        A    Yes.

      20        Q    Why were you there?

      21        A    To video -- I had a video camera and had to

      22   document what was going on.

      23        Q    Okay.  So when you made these videotapes,

      24   you, Antonio Avila were in the orange area on Pierce?

      25        A    Yeah.


       1        Q    And of course you're an employee of the

       2   Church of Scientology?

       3        A    Uh-huh.

       4        Q    And if I'm correct, you're a member as well;

       5   is that right?

       6        A    That's right.

       7        Q    Now let's look later on on the seventh, that

       8   night the business involving the police officers, now,

       9   Mr. Minton, and who else came south on Waterson from

      10   the LMT?

      11        A    It was Arnie Lerma, Mr. Minton, Tory

      12   Bezazian and Randy Enerson.

      13        Q    I'm going to mark this PM to show it's

      14   nighttime?

      15        A    No problem.

      16        Q    And where were you when you first became

      17   aware they were coming the other way?

      18        A    I was standing I would say in close

      19   proximity to the alley there.

      20        Q    Okay.  This alley that's on the east side of

      21   Waterson Street, this is ordinarily where the off duty

      22   police officers stand, right?

      23        A    Pretty much.

      24        Q    Okay.

      25        A    In the vicinity.


       1        Q    And you were somewhere there around them,

       2   right?

       3        A    Uh-huh.

       4        Q    Okay.  And I'm not indicating above, below.

       5   Just I'm going to an AA that we're here somewhere?

       6        A    Okay.

       7        Q    Okay.  This area that I'm marking again with

       8   cross hatches, that being the sidewalk down the east

       9   side towards Waterson Street, that is looking at

      10   defendant's number one for identification, that is

      11   also an orange area, correct?

      12        A    Yes, it is.

      13        Q    Okay.  And at some point during this if not

      14   throughout this event you were on that sidewalk,

      15   right?

      16        A    I was on the sidewalk before they got there.

      17   Usually I move out if they are going to use the

      18   sidewalk well before they were close.

      19        Q    Why is what?

      20        A    Because there is an injunction that

      21   prohibits me from getting within ten feet of them.

      22        Q    Okay.  Now, Mr. Minton and the people were

      23   with him started out coming south on the sidewalk,

      24   right?

      25        A    Uh-huh.


       1        Q    And the police officers are standing --

       2   where are they by the time that Mr. Minton starts

       3   talking to them?

       4        A    I'd say maybe it was south of the alley

       5   there.

       6        Q    Okay.

       7        A    Somewhere around that.

       8        Q    PO can stand for anything.  Mr. Minton left

       9   the sidewalk at some point and toward the officers?

      10        A    Yeah, he did.

      11        Q    In fact what he did is he came down the

      12   sidewalk and went around the officers and pointed his

      13   finger at them and talking to them, right?

      14        A    Pretty much, yeah.  Yelling at them and

      15   whatever.

      16        Q    Telling them you're working for the Church

      17   of Scientology and pointed at you, right, and said

      18   you're working for this guy, you're working for

      19   Scientology, the injunction covers you, right?

      20        A    Something to that effect.

      21        Q    Okay.  He went out into the street, passed

      22   the policeman and he got back up on the sidewalk,

      23   didn't he?

      24        A    Yes, he did.

      25        Q    And then the policeman started from their


       1   position, south, toward him, correct, because --

       2        A    No, that's incorrect.  The policeman didn't

       3   go anywhere until Minton somehow returned on to the

       4   street again.

       5        Q    Okay.  So Minton comes back into the street?

       6        A    For whatever reason he returned with his --

       7   he had a megaphone and, you know, protesting and at

       8   that point the officers verbally told him that you

       9   need to get up off the street and on to the sidewalk.

      10        Q    All right.  Now what I want to do is I'm

      11   going to put it in a box here so I know that there is

      12   a little --

      13        A    I'm sorry, what is the box.

      14        Q    An inset.  It's a separate picture.

      15        A    Okay.

      16        Q    Okay.

      17        A    All right.

      18        Q    Robert Minton.  The circle with the M in it,

      19   is standing in the street?

      20        A    Uh-huh.

      21        Q    Now, what I'm talking about is the point

      22   where the police officers approach him?

      23        A    Yeah, but not without first giving him a

      24   verbal, you know, advice to move off the street.

      25        Q    Okay.  And --


       1        A    They did that first and then they approached

       2   him.

       3        Q    Okay.  Now the police officers were

       4   completely calm during that?

       5        A    Absolutely.

       6        Q    Relaxed?

       7        A    Pretty much.

       8        Q    Voiced not raised?

       9        A    No, not intitially.

      10        Q    They were nonthreatening?

      11        A    Non threatening.  I would say that they were

      12   loud enough so that he could hear them, you know, past

      13   the sound of the traffic.

      14        Q    No finger pointing, no finger shaking by the

      15   officers?

      16        A    Not initially.

      17        Q    Okay.  Was there ever any?

      18        A    Yes.

      19        Q    Okay.  And when did that take place?

      20        A    After Mr. Minton refused or not complied

      21   with the officers' instructions.

      22        Q    And Mr. Minton was facing basically towards

      23   whatever that building is.  He was facing basically

      24   east?

      25        A    Well, he seemed be looking around.


       1        Q    When the police officers came out into the

       2   street where he was he was facing east, right?

       3        A    He was -- when he was in the street he

       4   continued protesting with yelling and whatever and he

       5   wasn't just looking one way.  He was scanning the

       6   street I would say.

       7        Q    Now, which officer approached him first?

       8        A    I believe it was Steve and let me see,

       9   what's his last name?  Correa, I believe, Officer

      10   Correa.

      11        Q    What did he do?

      12        A    He approached Minton and I believe he might

      13   have pointed at him and told him something to the

      14   effect that he needed to get off the street.

      15        Q    Did he say anything else to him?  Did he say

      16   anything else to Mr. Minton?

      17        A    Not at that instant.

      18        Q    Okay.  How close the distance?

      19        A    I would say within a few inches.

      20        Q    Okay.  So, Officer Correa is there in

      21   somewhere facing Mr. Minton?

      22        A    Maybe a little bit south of that -- I'm

      23   sorry, north of that, but around that area.

      24        Q    Okay.  What about Officer Harbert; what did

      25   he do?


       1        A    Officer Harbert, after seeing that

       2   Mr. Minton was still refusing the comply with the

       3   police order or recommendation and as things were

       4   getting louder, he approached Mr. Minton and I want to

       5   say stood next to Officer Correa.

       6        Q    Okay.  Kind of tell me when the point of the

       7   pen is where you think he was?

       8        A    About right there.

       9        Q    About here?

      10        A    About there.

      11        Q    Okay.  I'm going to put a circle with an H

      12   in it.

      13        A    Okay.

      14        Q    And can you tell me -- I'll start up here at

      15   the top and you tell me which way he was facing?

      16        A    Both of the officers were facing Mr. Minton.

      17        Q    Okay.  So Harbert would have been facing

      18   like that?

      19        A    Yeah, more or less.

      20        Q    Okay.  And after that Mr, Minton got up on

      21   the sidewalk, right?

      22        A    They changed, there was a few exchange of

      23   words and, you know, I guess, you know, things were

      24   looking -- they were starting to get out of hand at

      25   first.


       1        Q    Uh-huh.

       2        A    You know, Mr. Minton was getting loud and

       3   obnoxious and F words and all kinds of other words and

       4   finally he complied.

       5        Q    He got up on the sidewalk?

       6        A    He did.

       7        Q    Okay.  Now, when he got up on the sidewalk,

       8   what did the officers do?

       9        A    They went back up on the sidewalk.

      10   Actually, I believe they were trying to get back on

      11   the sidewalk and Mr. Minton turn to them and started

      12   asking questions or something.

      13        Q    Did they go back up here where they had been

      14   before?

      15        A    I don't think so.  I think they continued --

      16   I think they went south, southbound to get on the

      17   sidewalk again.

      18        Q    Actually what they did is the followed

      19   Mr. Minton up on the sidewalk, didn't they?

      20        A    I would say they went in the same direction.

      21        Q    I mean they went right there he was, didn't

      22   they; right there face-to-face?

      23        A    Pretty much.

      24        Q    Okay.  And then after that Mr. Minton went

      25   where?


       1        A    Mr. Minton -- well, they exchanged again

       2   profanity and Mr. Minton was, you know, saying all

       3   kinds of things to them.

       4        Q    Uh-huh.

       5        A    And telling them that they were violating

       6   the injunction and, you know, the officers kept

       7   telling him that that -- well, they were basically

       8   arguing about the injunction for a while.

       9        Q    Right.

      10        A    And Mr. Minton finally proceeded to go

      11   northbound.

      12        Q    Okay.  He headed off this way, right?

      13        A    Correct.

      14        Q    Okay.  And as Mr. Minton was headed off

      15   north, he was on the sidewalk, right?

      16        A    Uh-huh.

      17        Q    And these officers followed him on the

      18   sidewalk, didn't they?

      19        A    They stayed behind him, yes.

      20        Q    And continued to follow him up the sidewalk?

      21        A    I wouldn't know if they were following him.

      22        Q    Well, they didn't start walking north until

      23   he did, right?

      24        A    Right.

      25        Q    And immediately before that he stepped up on


       1   the sidewalk and they stepped up on the sidewalk after

       2   them, right?  I'm sorry, I'm doing that backwards.

       3   Let me -- that's really not fair.

       4        A    Okay.

       5        Q    He stepped off of the street onto the

       6   sidewalk and they stepped of the street onto the

       7   sidewalk after him, right?

       8        A    Only after he refused to comply, right.

       9        Q    Then they had more words and he turned and

      10   headed north on the sidewalk, right?

      11        A    Correct.

      12        Q    And after he turned and headed north on the

      13   sidewalk, these officers turned and headed north

      14   behind him, right?

      15        A    Yeah.

      16        Q    Okay.  Now, you were videotaping --

      17             (Whereupon, a cell phone in the audience

      18        began to ring.)

      19            THE COURT:  You got to be kidding me.

      20       Hey.  Stand right there. my policy is and

      21       there is sign out there any everything.

      22       That's my phone.  Bring it over here.  Put it

      23       right there.

      24            MR. OLIVER:  It's turned off.  I

      25       apologize, Your Honor.


       1            THE COURT:  I'll deal with it at the end

       2       of today's session.

       3            MR. MERRETT:  Yes, sir.  May I proceed?

       4            THE COURT:  Let the record reflect, a

       5       cell phone went off.  There is a big sign out

       6       there in front about cell phones not being on

       7       in my courtroom or my chambers.  The total

       8       disrespect over cell phones is just reaching

       9       a point.  I'll deal with this at the end.

      10       Move on.

      11            MR. MERRETT:  Yes, Your Honor.  I would

      12       assume that anybody else who has a cell phone

      13       should make note of the court's comments.

      14            THE COURT:  You can assume anything you

      15       want.

      16   BY MR. MERRETT:

      17        Q    Yes, sir now, you were videotaping this from

      18   the beginning, right?  From the time you became aware

      19   Mr. Minton was coming along?

      20        A    Right, because it seems like they were --

      21   well, actually they were protesting with signs, so I

      22   documented the protest.

      23        Q    Okay.  So you made a videotape that begins

      24   at the time that you became aware of Mr. Minton and

      25   the people who were with him were coming south on


       1   Waterson, right?

       2        A    Yes.

       3        Q    And you videotaped continuously until they

       4   got back to the LMT, right?

       5        A    Right.

       6        Q    Okay, and what was the purpose of the

       7   videotape?

       8        A    Well, I just document any protest or

       9   pickets.

      10        Q    Uh-huh.  For what?

      11        A    There has been several violations of --

      12        Q    Of the injunction?

      13        A    Right, by the LMT members.

      14        Q    Okay, and your purpose then in making the

      15   video was to ensure that you documented the violation,

      16   right?

      17        A    If there was to be any.

      18        Q    Okay.  And you documented everything with

      19   the video camera that you thought indicated that the

      20   injunction was being violated, right?

      21        A    I just documented what I believed to be the

      22   whole -- the whole picture of the protest and any

      23   incident that might happen, I videotaped that also.

      24        Q    Now, when Mr. Minton and the people who with

      25   him came out into the street or came down street, you


       1   stepped out into the street, correct?

       2        A    Correct, to avoid getting in the way of

       3   Mr. Minton and the LMT members.

       4        Q    Right, you went into the street to avoid

       5   violating the ten foot rule?

       6        A    Correct.

       7        Q    Okay.  And you continued, in fact, much of

       8   you videotape is taken with you standing in the

       9   street, correct?

      10        A    I believe -- I was in the street for a

      11   while.  I don't remember exactly how long.

      12        Q    Okay.  So you videotape from a position

      13   standing in the street, correct?

      14        A    Correct.

      15        Q    Okay.  Can you tell the judge at what point

      16   Officer Harbert told you needed to get out of the

      17   street?

      18        A    He didn't tell me.

      19        Q    Okay.  It there a different rule for

      20   Scientologist about the injunction?  Do you have n

      21   understanding with these officers or what's the deal?

      22        A    No, there is no understanding.  It's the

      23   same.  We are under the same law.

      24        Q    Okay.  And, of course, because have such

      25   respect for the law when you from these heard officers


       1   you are being paid by Scientology, these people are

       2   not to be in the street, what you did is stand there

       3   in the street with your video camera, right?

       4        A    My intention for standing in the street -- I

       5   would have gotten back up on the sidewalk was it not

       6   that the LMT members were still in the vicinity and

       7   would usually move about.

       8        Q    Okay.

       9        A    However, there happened to be an incident

      10   where they were not moving and Mr. Minton was, as your

      11   know, on the street himself, so I just thought I would

      12   video and have that in evidence.

      13        Q    In the street?

      14        A    I didn't thing of it like having it in the

      15   street.  I would prefer to have it on the --

      16        Q    There is a sidewalk on the other side of the

      17   street, isn't there?

      18        A    Yes, there is.

      19        Q    Okay.  And that's a sidewalk that you, like

      20   any other citizen, are at liberty to use, right?

      21        A    Uh-huh.

      22        Q    But you didn't get up on the sidewalk, did

      23   you?

      24        A    Right.  I wanted to be as close as possible

      25   to that ten foot buffer so I could get as much as


       1   possible of that incident because there was to me it

       2   looked like it was getting out of control.

       3        Q    Is there any other reason that you didn't

       4   get up on the sidewalk?

       5        A    That's my one reason.

       6        Q    Okay.  Otherwise you could've gotten on the

       7   sidewalk and had a clear view of what was going on,

       8   but you wanted to be close?

       9        A    I wanted to have as much of it as possible.

      10        Q    Okay.

      11        A    So I wanted to be as close as possible which

      12   I believe the ten foot rule and that I stay within

      13   that and video from there to get as much as possible.

      14        Q    And it had to be in the street, right?

      15        A    Unfortunately Mr. Minton was on the street

      16   and that's the only way the other members were on the

      17   sidewalk.  I couldn't go there.

      18        Q    Now, did anybody else come down into the

      19   street or get in the midst of all this business

      20   between Mr. Minton and the officers?

      21        A    Well, there was others.  I believe

      22   Mr. Enerson was there and that was just basically LMT

      23   members that were with Mr. Minton there.

      24        Q    Okay.  Going back to your choice of

      25   positions to videotape, I just want to make it clear


       1   that from the position where all this was going on you

       2   could have stood directly across the street and filmed

       3   it if you had chosen to get up on the sidewalk,

       4   correct?

       5        A    Correct.  Now, one thing is there was a bus

       6   there behind me loading and unloading people.

       7        Q    Okay.  And of course you got these people on

       8   the videotape, right?

       9        A    I don't think I got the.  I was mainly

      10   aiming at the incident.

      11        Q    How many people were on the bus?

      12        A    I didn't pay attention to that.

      13        Q    If fact the bus was unloaded, empty and

      14   idling, wasn't it?

      15        A    I couldn't say.

      16        Q    You can't say, okay.

      17        A    I know that it was in the middle of

      18   mealtime.

      19        Q    Uh-huh.

      20        A    And there is plenty of people that go in and

      21   out of those all the time during meal times.

      22        Q    Uh-huh.

      23        A    And that's all I can say to that.

      24        Q    Right.  Right.  But as far as what was going

      25   on at that specific time, you don't know?


       1        A    I didn't see anybody going on or off but I

       2   was looking directly at what was happening with

       3   Mr. Minton and the two officers.

       4        Q    Okay.  Now, I want to go back briefly to

       5   this business of the Coachman if I can find it on the

       6   sixth.  Now, these people were using the megaphones,

       7   the people who say had megaphones and making a lot of

       8   noise?

       9        A    They were.

      10        Q    Okay.  And --

      11        A    As well as a horn.

      12        Q    Uh-huh.  There wasn't anything else going on

      13   at that time, was there?

      14        A    What do you mean?

      15        Q    Was there any other noise in the area or

      16   anything else going on?

      17        A    Just the regular --

      18        Q    Traffic?

      19        A    Traffic.

      20        Q    Nothing else?

      21        A    Nothing that I noticed.

      22        Q    Okay.  There is a camera on the northeast

      23   corner of the Ft. Harrison Building, right?

      24        A    I believe there is.

      25        Q    That can be manipulated to videotape all of


       1   the things that happened around the Ft. Harrison and

       2   around the Coachman Building, right?

       3        A    Actually, I can't tell you what the

       4   capabilities are .

       5        Q    Okay.  Did you not testify earlier in the

       6   day today about how these cameras work so you could

       7   authenticate a videotape that was made by one of them?

       8        A    I don't know which one you're referring to.

       9        Q    Okay.  Let me ask you this.  There is a

      10   video camera that you definitely know about up here on

      11   the corner of the Coachmen building, right?

      12        A    Yes, I've seen it.

      13        Q    Okay.  And you know that it, because you've

      14   seen videos of it, can videotape in both directions up

      15   and down Ft. Harrison, right?

      16        A    Correct.

      17        Q    And there is another one back here somewhere

      18   on the back of the Coachman Building, right?

      19        A    I'm not sure about that.

      20        Q    Okay.  All those video cameras, I think, and

      21   if I'm mistaken and it wasn't you, you know, tell me,

      22   but somebody testified they are all running 24 hours a

      23   day, right?

      24        A    That was Ahmed.

      25            MR. POPE:  Your Honor, this whole video


       1       camera business is so far outside of my

       2       direct, I hate -- the direct examination had

       3       to do with a video that Antonio himself took

       4       and we know the video cameras, all this

       5       examination is beside the point.  It's way

       6       outside the scope.

       7            THE COURT:  Mr. Merrett, sir?

       8            MR. MERRETT:  I'm just wondering where

       9       the other videotapes are.  That's what I'm

      10       getting at, Judge.

      11            THE COURT:  All right.  Proceed.

      12            MR. POPE:  Your Honor, this is not a

      13       discovery deposition.

      14            THE COURT:  I understand that and I've

      15       been very patient here because frankly it did

      16       sound like discovery to me and getting into

      17       this tape though and the tape is going to be

      18       shown to me, he does have a right to check

      19       the credibility of the witness as to where

      20       the actual tape was.  If it's his video

      21       camera or it came from some where else.  I

      22       assume that --

      23            MR. POPE:  He's already testified --

      24            THE COURT:  I know that, but he has a

      25       right to see if he can shake that testimony.


       1            MR. MERRETT:  May I proceed?

       2            THE COURT:  Please, sir.

       3   BY MR. MERRETT:

       4        Q    There are other video cameras that are

       5   attached to buildings around here that had a view of

       6   these events, correct?

       7        A    I can't answer that.

       8        Q    Okay.  You've never been in the videoing

       9   monitoring room?

      10        A    I think I've been there a couple times.  I

      11   never, you know, paid attention to what was going on.

      12        Q    Okay.  How do you decide when you're going

      13   to do that?

      14        A    Do what.

      15        Q    Pay attention to what's going on?

      16        A    In the video room.

      17        Q    Any --

      18            THE COURT:  Now I think we're getting s

      19       little far field.  Let's pull this back in,

      20       please.

      21   BY MR. MERRETT:

      22        Q    Let me ask you this.  The videotape that

      23   we're about to see, this is another one of those

      24   videotapes that the last time that you saw it, it was

      25   one or more continuous discreet videotapes, right?


       1        A    The last time that I saw it?  I saw the one

       2   that was edited.

       3        Q    Okay.  You made the tape, right, made each

       4   of these tapes, right?

       5        A    Right.

       6        Q    You turned them into OSA, right?

       7        A    Reception, yeah.

       8        Q    Which is part of OSA, right?

       9        A    I guess, yeah.

      10        Q    Which is Mr. Shaw and Mr. Render's

      11   operation, right?

      12        A    Uh-huh.

      13        Q    And the next time you get these tapes back

      14   they've been edited by someone; Mr. Shaw, Mr. Render,

      15   Mr. Miscavige, whoever?

      16        A    Yeah, sometimes they get edited.

      17        Q    Okay.  This tape has been edited more than

      18   once?

      19        A    Yeah.

      20        Q    You don't know who edited it?

      21        A    I have no clue.

      22        Q    And you know who chose to what to cut out

      23   and what to leave in?

      24        A    I have no clue.

      25        Q    But you do know for a fact that the


       1   videotape we're about to see is not an exact duplicate

       2   of the videotape that you made, right?

       3        A    It is exactly what I filmed.  It's not

       4   everything I filmed but it is what I filmed.  It's not

       5   altered in any way except that footage was taken out

       6   of it.

       7        Q    Correct, so it's not an exact duplicate of

       8   the tape that you made?

       9        A    Right.

      10            MR. MERRETT:  Okay.  I don't have

      11       anything further, Your Honor, other than to

      12       renew my objection to the OSA videotapes?

      13            THE COURT:  Well, I'm confused.  I gave

      14       you all a chance to look at the tapes and

      15       everything and when I came back in I was

      16       under the impression that you said no

      17       objections that you had to see what they had

      18       spliced out and all and I went ahead and put

      19       them in evidence.

      20            MR. MERRETT:  Your Honor, the objection

      21       was withdrawn as to the objection of

      22       nonconformity of the item adduced in court

      23       with the item that was produced pursuant to

      24       your order to produce.

      25            THE COURT:  I see.  But you're renewing


       1       your objection as far as being in evidence?

       2            MR. MERRETT:  Yes, sir, because the tape

       3       has repeatedly edited by this man's

       4       testimony, like everything else they have

       5       brought in here.  It goes frozen in a black

       6       box and it comes out cut up and doesn't know

       7       who does, he doesn't know how the choice is

       8       made and he doesn't know why it's made.

       9            THE WITNESS:  Your Honor, may I add --

      10            THE COURT:  Nope.  Hold on just a

      11       minute.  I appreciate your -- hang on just a

      12       minute.  I got to give Mr. Howie a chance.

      13            MR. HOWIE:  Your Honor, we simple join

      14       in the motion.

      15            THE COURT:  Okay.  All right.  Now,

      16       Mr. Pope.

      17            MR. POPE:  The so-called editing is that

      18       certain footage has been deleted so that

      19       we're not producing irrelevant stuff before

      20       the court, hours and hours of stuff.  What we

      21       did is we've cut the stuff down to the

      22       material that's in question.

      23            THE COURT:  I understand, sir.

      24            MR. POPE:  And that's what he talks

      25       about as being edited.  It's footage cutting


       1       and deletion.

       2            THE COURT:  I understand the objections

       3       and at this time the objections are

       4       overruled.  The tape, that tape number nine

       5       will be in evidence.

       6            I will give it the weight I fell it

       7        deserves and I also will have a chance to

       8        view and I have noted in my notes that the

       9        grounds for the objections and you have a

      10        continuing objection.

      11            MR. MERRETT:  Thank you.

      12            THE COURT:  Yes, sir.

      13            MR. HOWIE:  Your Honor --

      14            THE COURT:  Wait a minute.  Excuse me,

      15       you said you joined in so now you going to

      16       make additional argument?

      17            MR. HOWIE:  No, no further argument.

      18            THE COURT:  You want to cross him,

      19       though.

      20            MR. HOWIE:  The court has ruled and my

      21       cross went to or would have gone to that

      22       motion, but I would like to reserve my

      23       opportunity to cross Mr. Avila concerning

      24       these tapes.

      25            THE COURT:  After they're shown or do


       1       you want to do it now?

       2            MR. HOWIE:  Or I can proceed now.

       3            THE COURT:  Proceed.

       4                     CROSS-EXAMINATION

       5   BY MR. HOWIE:

       6        Q    Mr. Avila, I wanted to ask you about the

       7   events on January 6 and on January 6 according to you

       8   testimony you saw Mr. Minton along the or south of the

       9   Coachman Building.  Let me see if I can locate it?

      10        A    It's backward a little bit.

      11        Q    All right.

      12            MR. MERRETT:  I beg your pardon, Your

      13       Honor.

      14            THE COURT:  Yeah, go help him, please.

      15   BY MR. HOWIE:

      16        Q    Now, concerning the Coachman Building, you

      17   indicated on January six you filmed Mr. Minton and

      18   others along this sidewalk here along Park Street,

      19   correct?

      20        A    That is correct.

      21        Q    All right.  And you were standing in this

      22   parking lot which is parking lot immediately south of

      23   the Coachman Building, correct?

      24        A    Right.

      25        Q    And you observed Mr. Minton and company


       1   travel west along the sidewalk on Park Street then

       2   head north along Ft. Harrison, correct?

       3        A    Well, actually they had gone over to

       4   Ft. Harrison and protested over there first and then

       5   came back that way, yes.

       6        Q    So you have a segment where in fact

       7   Mr. Minton and others are across the street from the

       8   Ft. Harrison along the east sidewalk of Ft. Harrison?

       9        A    Right, yeah.  After they got -- after they

      10   picketed and protest at the Coachman Building, then

      11   they head over to the Ft. Harrison Building across the

      12   street in front of it and they protest there for a

      13   while.

      14        Q    And while they're protesting in front of the

      15   Ft. Harrison, you videotaped them there?

      16        A    I did.

      17        Q    And, in fact, that's the scene that shows

      18   construction work --

      19        A    Behind the.

      20        Q    Behind them, correct?

      21        A    Uh-huh.

      22        Q    Then you observed them head northbound on

      23   Ft. Harrison along the east side of Ft. Harrison,

      24   correct?

      25        A    Correct.


       1        Q    And you filmed them from time to time as

       2   they proceeded northbound along Ft. Harrison, correct?

       3        A    Right. I didn't see a need to film them

       4   while they were you know, away from our property.

       5   Only when they were within our properties I was

       6   filming them.

       7        Q    So you resumed filming them as they crossed

       8   this driveway here, correct?

       9        A    Correct.

      10        Q    And you continued filming them until they

      11   passed the southwest corner of the Coachman Building

      12   and then you stopped, right?

      13        A    Right.

      14        Q    Did you continue to follow them?

      15        A    I continued to -- I wasn't -- yeah, pretty

      16   much, you know, see where they were going.  It seemed

      17   like they were heading to the Clearwater Bank Building

      18   and that's where I was.

      19        Q    Where did they head?  Can you describe the

      20   path they took after you ceased filming them here?

      21        A    They went northbound on Ft. Harrison and

      22   made a right-hand turn on Cleveland.

      23        Q    This being Cleveland here?

      24        A    Right, and then they went and made a

      25   left-hand turn onto Waterson Avenue.


       1        Q    All right.  Did they stay on the south side

       2   of Cleveland?

       3        A    I'm not sure.

       4        Q    Or did they go to the north side and cross

       5   in front of the Clearwater Bank Building?

       6        A    I'm not sure which side they took.

       7        Q    You didn't bother to film them as they went

       8   eastbound on the Cleveland regardless of which side

       9   they were on, did you?

      10        A    I want to say they were across the street

      11   and I'm talking about Cleveland Street and I'm not 100

      12   percent sure but it's possible they went in from of

      13   the Bank of Clearwater.

      14        Q    Now, you've already stated that your purpose

      15   was to film them while they were on Church property?

      16        A    Right, protesting.

      17        Q    Right, and yet you did not film them as they

      18   went eastbound on Cleveland?

      19        A    I don't think I did.

      20        Q    All right.  Yet you had videotape left in

      21   your camera available to do that?

      22        A    The reason for that is that they weren't

      23   picketing at the moment.

      24        Q    All right, so you didn't film them when they

      25   weren't picketing when they going down Cleveland?


       1        A    Right.  It looked to me like they were going

       2   back to the LMT Building and they were done for the

       3   day, so I just decided, you know, to see what's going

       4   to happen.  If they would have hanged around the area

       5   I would have taped it.

       6        Q    So they were proceeding at a pace.  They

       7   were walking --

       8        A    They proceeding in a direct -- yeah.

       9        Q    They weren't walking back and forth?

      10        A    No, they kept going towards Waterson Avenue

      11   and made a left-hand turn.

      12        Q    So when they came to Waterson which is

      13   indicated here, they went north along Waterson?

      14        A    Yes, they did.

      15        Q    And they went north along the east sidewalk

      16   of Waterson, correct?

      17        A    Correct.

      18        Q    So you're indicating that they continued up

      19   the east sidewalk of Waterson?

      20        A    Right.

      21        Q    And eventually you videotaped them as they

      22   were going up the east side of Waterson?

      23        A    Yes, I did.

      24        Q    All right.  Now, is it your testimony that

      25   since you only videotaped them while they were


       1   picketing or protesting, when you resumed videotaping

       2   them on the east sidewalk here is because you believed

       3   that they were protesting?

       4        A    Right, I didn't see why they would have gone

       5   on that sidewalk if they weren't planning to protest

       6   because that is a protest zone.

       7        Q    So you began filming here again?

       8        A    Yes, just for the possibility that they

       9   might protest.

      10        Q    All right.  You said the possibility.  They

      11   weren't in fact protesting?

      12        A    Actually, Mr. Minton, I recall Mr. Minton

      13   starting to speak up on the megaphone again and that

      14   might be part of the reason why, too.

      15        Q    All right, and you saw Mr. Minton and I

      16   believe you said Mr. Merrett, as well, cross Waterson

      17   Avenue more or less diagonally?

      18        A    Pretty much, yeah.

      19        Q    Now, you filmed Mr. Minton going northbound

      20   on the west sidewalk.  Did you film him going all the

      21   way into the Lisa McPherson Trust?

      22        A    Yeah, I think I did.

      23        Q    So your videotape would show him actually

      24   going into the Lisa McPherson Trust?

      25        A    The original would.


       1        Q    Okay.  You, in fact, observed this happening

       2   since you were there filming?

       3        A    Yeah.  He went all the up to the LMT

       4   Building and I think they were hanging outside for a

       5   while.

       6        Q    Okay.  So, to conclude all your evidence or

       7   all your testimony, you say you started filming on the

       8   south side of the Coachman, you filmed them down at

       9   the Ft. Harrison and then you saw them walk directly

      10   back to the LMT --

      11        A    Because on the way back then they were

      12   protesting at the Coachman again.

      13        Q    Right.  You filmed them at the Coachman

      14   again and then you observed them head straight back to

      15   the Lisa McPherson Trust Building?

      16        A    Right.  When they were on Waterson they were

      17   demonstrating again.  At least Mr. Minton was and he

      18   was demonstrating adjacent to the Clearwater Bank

      19   Building.

      20        Q    Now, concerning the megaphones that were

      21   being used that you filmed on the videotape that were

      22   being used by Mr. Lerma, Mr. Enerson and Ms. Bezazian.

      23        A    Which day, the seventh?

      24        Q    This would be I believe on the seventh, as

      25   well?


       1        A    Yes.

       2        Q    This would be along Pierce Street at the

       3   Ft. Harrison Hotel?

       4        A    Right.

       5        Q    Now, what exactly did you -- did you film

       6   everything that was going on along the street there?

       7   Did you continue to film continuously while they were

       8   there?

       9        A    On Pierce Street?

      10        Q    Yes.

      11        A    Pretty much.

      12        Q    And isn't it true that they placed these

      13   megaphones that you've already described and

      14   identified on the wall along Pierce Street?

      15        A    Yeah, they did; pretty close to it.

      16        Q    Did you ever observe them do this when you

      17   were not filming them?

      18        A    I think I was filming the whole time.

      19        Q    Okay.

      20        A    I believe I did.

      21        Q    So you did observe them place their

      22   megaphones on the wall any time other than when you

      23   were videotaping, correct?

      24        A    Right.

      25            MR. HOWIE:  Thank you.  I don't have any


       1       further questions.

       2            THE COURT:  Mr. Merrett, did that do any

       3       that you want to inquire to?

       4            MR. MERRETT:  If I may.

       5            THE COURT:  You may.  Go ahead.

       6                     CROSS-EXAMINATION

       7   BY MR. MERRETT:

       8        Q    Real briefly, you said that you weren't

       9   videotaping these people as they walked back east on

      10   Cleveland Street because they weren't picketing then,

      11   right.

      12        A    Which day are referring to?

      13        Q    I'm sorry, the --

      14        A    Seventh?

      15        Q    No, the sixth when they were at the

      16   Coachman?

      17        A    Okay.

      18        Q    Is that correct; that's the reason that you

      19   didn't videotape them is they headed east on

      20   Cleveland?

      21        A    East on Cleveland?

      22        Q    Let me go back.  Mr. Howie asked you when he

      23   was asking you about whether you could have videotaped

      24   them and whether you did you said they turned the

      25   corner in front of the bank building and you all


       1   couldn't figure out exactly whether they were on the

       2   bank building side or the -- you got it right?

       3        A    The Coachman side, okay.

       4        Q    The question was --

       5            THE COURT:  Just a minute.  Sir, can I

       6       get you to move?  I'm having a hard time

       7       seeing through your back.

       8            THE WITNESS:  Sorry.

       9            THE COURT:  Okay.  Let's proceed.

      10   BY MR. MERRETT:

      11        Q    Again, this is when he was asking you about

      12   the videotape from down Ft. Harrison, you videotaped

      13   him here, you videotaped him coming back.  When they

      14   came across this way whichever side of the street it

      15   was, you didn't videotape it because they weren't

      16   picketing, right?

      17        A    As I recall, I didn't.

      18        Q    Okay.  But I mean the reason is that they

      19   weren't picketing?

      20        A    Right.  If they're not picketing I have no

      21   reason to film this.

      22        Q    And they had their signs and the megaphones

      23   and all their paraphernalia with them, right?

      24        A    Yeah, but they weren't using them.  They

      25   were just carrying them.


       1        Q    And you also said that the reason that you

       2   cranked the camera back up when they got around on

       3   Waterson is because they went to the east side which

       4   is an orange zone so you assumed they were going to

       5   picket?

       6        A    Right, and the fact that Mr. Minton had

       7   started to use the megaphone.

       8        Q    Well, I mean you started videotaping before

       9   he started using the megaphone, right?

      10        A    I believe in the middle.

      11        Q    Okay.  If it hadn't been for the, as you saw

      12   it, had they not been about to picket they would have

      13   taken a more direct route and just stayed on the west

      14   side, right?

      15        A    I believe so.  Why go the extra mile?

      16        Q    I understand.

      17        A    Okay.

      18            MR. MERRETT:  Thank you very much.  I

      19       have nothing further.

      20            THE COURT:  Mr. Pope.

      21            MR. POPE:  No questions.

      22            THE COURT:  All right.  Are we ready to

      23       view the videotape?

      24            MR. POPE:  We are.

      25            THE COURT:  All right.  Let's do that.


       1             (Whereupon, the videotape was played.)

       2            THE COURT:  All right.  Let me do this,

       3       Mr. Pope.  You presented it.  Now that it's

       4       been shown, any questions that you want to

       5       ask of him?

       6            MR. MERRETT:  No, Your Honor.

       7            THE COURT:  Mr. Howie?

       8            MR. HOWIE:  Nothing further.

       9            THE COURT:  Mr. Pope.

      10            MR. POPE:  I just wonder if you wanted

      11       us to run did it back without the sound track

      12       for purposes of identifying the people

      13       involved.

      14            THE COURT:  Yes, do that please.

      15            MR. POPE:  All right.

      16             (Whereupon, the videotape was played.).

      17            THE COURT:  And for the purposes of the

      18       record, that tape is in evidence and it will

      19       be in the court file and the court reported

      20       did not type down what was being said because

      21       it can be taken off the tape at a later date.

      22            MR. POPE:  May Mr, Avila step over next

      23       to the television and just identify these

      24       folks?

      25            THE COURT:  All right.


       1            THE WITNESS:  Okay, you Arnoldo Lerma,

       2       Robert Minton, Mr. Merrett, Randy Enerson,

       3       and Anita Gogolla.

       4            This is front of the Ft. Harrison Hotel

       5        we got Mr. Merrett, Stacy Brooks, and Bob

       6        Minton.

       7            That is Arnie Lerma in front of the

       8        Ft. Harrison Hotel.

       9            That's Minton sticking the pole into the

      10        street.

      11            That's Mark Bunker with the video

      12        camera.

      13            This is the entranceway to the parking

      14        lot of the Coachman Building.

      15            MR. MERRETT:  Your Honor, if I may

      16       object to the witness pointing out the people

      17       in an narrative.

      18            MR. POPE:  Your Honor, it does seem

      19       appropriate that he for the record, state

      20       where they were for purposes of

      21       identification, otherwise it's meaningless.

      22            THE COURT:  Proceed.

      23            MR. POPE:  Can we back it up to where we

      24       were?

      25            THE COURT:  Would you, please?


       1            MR. POPE:  I would ask the witness. Your

       2       Honor, to at lease give some idea as to what

       3       color of the clothing we have on so we can

       4       match the name with the figure.

       5            THE WITNESS:  This is in front of the

       6       Ft. Harrison Hotel and you have Bob Minton.

       7            THE COURT:  Now, when you say in front

       8       of the hotel, that's across the street at the

       9       construction site?

      10            THE WITNESS:  Correct.

      11            THE COURT:  And they're in the orange

      12       zone there?

      13            THE WITNESS:  Correct.  This is the

      14       Coachman parking lot entrance and you have

      15       Bob Minton with the pole and the megaphone.

      16            THE COURT:  Mr. Minton is the one there

      17       with that sweater on?

      18            THE WITNESS:  Correct.

      19            THE COURT:  Okay.  Go ahead.

      20            THE WITNESS:  Me. Merrett is there with

      21       the hat on.

      22            MR. MERRETT:  I'm sorry, we just missed

      23       that.  Who were they?

      24            THE COURT:  Yeah, what was that?  Go

      25       back.  Back it up.


       1            THE WITNESS:  You mean the two people

       2       over here?

       3            THE COURT:  No, wait a minute.  I'll say

       4       stop.  All right.  Right here, okay.  Stop.

       5       What's that?

       6            THE WITNESS:  You'll have to rewind it a

       7       little bit.

       8            MR. POPE:  All right.

       9            THE WITNESS:  These are two Church

      10       members that are working on something there.

      11            THE COURT:  Is that the Coachman

      12       Building with that canopy?

      13            THE WITNESS:  Yes, sir.

      14            THE COURT:  The south side of it?

      15            THE WITNESS:  Correct.

      16            THE COURT:  Adjacent to the parking lot?

      17            MR. HOWIE:  Yes, sir.

      18            THE WITNESS:  Okay.

      19            MR. MERRETT:  Im sorry, Judge.  Can we

      20       get names?

      21            THE COURT:  Do you know the names of

      22       those church members?

      23            THE WITNESS:  I believe one is name

      24       Daniel.  I don't know his last name.  Anita

      25       Gogolla is the female with the group there.


       1       This is Waterson avenue.

       2            THE COURT:  That's the alleyway right

       3       there where that car is and where they're at

       4       right now?

       5            THE WITNESS:  Yes, sir.

       6            THE COURT:  Okay.

       7            THE WITNESS:  Arnie Lerma is the

       8       gentleman with the brown sport suit or coat,

       9       Minton is there with his pole.  Mr. Merrett

      10       is there with the hat on.  Mark Bunker has

      11       the video camera?

      12            THE COURT:  Now, the lady is Stacy

      13       Brooks?

      14            THE WITNESS:  This one is Anita Gogolla.

      15            THE COURT:  I see, with the black

      16       sweater or black blouse or whatever?

      17            THE WITNESS:  Yeah, she has a white

      18       shirt on with a sleeveless dark color

      19       sweater.

      20            THE COURT:  Okay.  That's looking at the

      21       west side of Waterson, right.

      22            THE WITNESS:  Yes, sir.

      23            THE COURT:  The sidewalk on the west

      24       side?

      25            THE WITNESS:  Yeah, and we got Bob


       1       Minton raising the pole up in the air and

       2       Mr. Merrett next to him.

       3            THE COURT:  Where the canopy starts

       4       there, right there, that's the rat bait

       5       building?

       6            THE WITNESS:  Yes, sir.

       7            THE COURT:  Okay.

       8            THE WITNESS:  This is Pierce Street.

       9            THE COURT:  On the north side of the

      10       hotel property?

      11            THE WITNESS:  Correct.

      12            THE COURT:  Okay, the Presbyterian

      13       Church is directly north across the street.

      14            THE WITNESS:  Yes, sir.  This is Tory

      15       Bezazian with the red sweater on.  This an

      16       Randy Enerson with the white shirt and the

      17       black jacket and black pants.  Behind them is

      18       Arnie Lerma.

      19            THE COURT:  Approximately where would

      20       you say they there right now?  The gentleman

      21       that -- stop that.  Freeze that.

      22            THE WITNESS:  I would say pretty close

      23       to me.  I didn't -- I would say maybe eight

      24       feet.

      25            THE COURT:  Where are you?


       1            THE WITNESS:  I'm positioned right next

       2       to an exit which is on the side of the

       3       building.  I could show you on the map.

       4            THE COURT:  Come here and show me.

       5       There is the north side right there and

       6       that's where you took up right here or right

       7       down here.

       8            THE WITNESS:  Well that area here.

       9            THE COURT:  That's not shown on the map.

      10            THE WITNESS:  Right.

      11            THE COURT:  There's the -- you talking

      12       about right here or right here?

      13            THE WITNESS:  Right, there's a little

      14       exit.

      15            THE COURT:  Okay.  I see.  All right.

      16            THE WITNESS:  I was on the sidewalk.

      17            MR. MERRETT:  Your Honor, may the record

      18       reflect that a mark had been entered in the

      19       orange area on the sidewalk along Pierce

      20       Street north of the Ft. Harrison Hotel.

      21            THE COURT:  Okay.  Also let the record

      22       reflect that the exit he indicated he was

      23       next to is actually not on the map.

      24            MR. MERRETT:  Yes, sir.

      25            THE COURT:  Thank you.  Sir.  Go ahead.


       1       Proceed.

       2            MR. POPE:  May I ask the witness to

       3       clarify?  I think he was describing

       4       Mr. Enerson as having a white shirt.  Did you

       5       mean to say a red shirt on?

       6            THE WITNESS:  Yeah, I meant red.

       7            MR. POPE:  Okay.

       8            THE WITNESS:  This is Waterson Avenue

       9       again.  We have Robert Minton in the front

      10       with the megaphone, pointing his finger at

      11       the to officers.  The officer on the left is

      12       Larry Harbert.  The officer on the right is

      13       Steve Correa.

      14            This one right her is Randy Enerson.

      15        He's got a megaphone, picket sign, white

      16        tennis shoes, same red shirt and dark

      17        colored jacket.

      18            The lady here with the red sweater on it

      19        Tory Bezazian.

      20            That's Minton standing on the street

      21        right there.

      22            That's Officer Steve Correa who first

      23        approached Minton and Officer Larry Harbert

      24        who followed after Officer Correa.

      25            THE COURT:  That's still on the east


       1       side?

       2            THE WITNESS:  Yes, east side of the

       3       Waterson Avenue.

       4            THE COURT:  Where are you standing while

       5       you're filming this?

       6            THE WITNESS:  Here.

       7            THE COURT:  Right there, are you on the

       8       west sidewalk?

       9            THE WITNESS:  I believe I was first on

      10       the west sidewalk.  At one point I moved on

      11       to the street.

      12            THE COURT:  Okay.

      13            THE WITNESS:  I don't recall at which

      14       point I did that.  This gentleman back here

      15       with the dark sweater on and the light

      16       colored pants is Arnie Lerma.

      17            THE COURT:  All right.  Anything else,

      18       Mr. Pope.

      19            MR. POPE:  Not from this witness, Your

      20       Honor.

      21            THE COURT:  All right.  Anything from

      22       you, Mr. Merrett?

      23            MR. MERRETT:  No, Your Honor.

      24            THE COURT:  Mr. Howie?

      25            MR. HOWIE:  Nothing from him.


       1            THE COURT:  Can we excuse him or do you

       2       want him subject to recall?

       3            MR. MERRETT:  Subject to recall.

       4            THE COURT:  Sir, you are subject to

       5       recall and I request that you be here

       6       tomorrow.  Let's do this.  You can come have

       7       a seat.

       8            Let me have that tape, please.

       9             (Whereupon, a pause in the proceedings took

      10        place.)

      11            All, right ladies and gentlemen, by the

      12        courtroom clock it's 20 minutes of 6 or 1714

      13        hours on this, the 11th day of February in

      14        the year 2001, a Sunday.

      15            I think we've done a lot today.  We'll

      16        pick it up tomorrow morning nine o'clock

      17        right back here at this courtroom.  But,

      18        before I do that and let everybody go I have

      19        two things I've got to take care of.

      20            Mr. Merrett, sir, you tell me that Keith

      21        Henson is present?

      22            MR. MERRETT:  Yes, Your Honor.

      23            THE COURT:  Would he come forward,

      24       please.  Mr. Henson, you have been served

      25       with an order show cause why you should not


       1       be held in contempt of the violating the

       2       court's injunction that was entered in

       3       regards to the case of the Church of

       4       Scientology Flag Service Organization, Inc.

       5       versus Robert S. Minton, Jr., etcetera.

       6            How do you plead to this charge?

       7            MR. MERRETT:  Your Honor, without

       8       prejudice to the prior objections regarding

       9       jurisdiction and service of process.

      10            THE COURT:  Preserved for the record.

      11            MR. MERRETT:  Yes, sir.  He would plead

      12       not guilty.

      13            THE COURT:  Okay.  Now, one other thing.

      14       Mr. Henson, you were not here yesterday and

      15       there is a law in the State of Florida,

      16       especially on an order to show cause, failure

      17       to appear at the time that you were directed

      18       to appear at the place, on the date,

      19       etcetera, those justify the court to issue a

      20       capias having you taken into custody and held

      21       to guarantee that you will be present for all

      22       proceedings.

      23            Now, let me ask you this.  You realize

      24        this has got to continue for a couple days.

      25        Are you going to be present?


       1            MR. HENSON:  Yes, Your Honor, if

       2       ordered, I presume I am.

       3            THE COURT:  Well, I've got two choices.

       4       I just explained, I can you hold you in a

       5       holding cell and make sure you'll be here for

       6       the proceedings or if you tell me you will

       7       freely and voluntarily be here especially

       8       when anything comes up involving you and your

       9       defense.  I'll forgo that.

      10            MR. HENSON:  I'll be here, Your Honor.

      11            THE COURT:  Let me ask you this.

      12       Mr. Merrett does represent you.

      13            MR. HENSON:  I have never signed

      14       anything formally but if Mr. Merrett says he

      15       represents me, I guess he does.

      16            THE COURT:  Okay.  Now, he can explain

      17       to you there is another procedure where we

      18       tomorrow morning examine you under oath and

      19       you can waive your presence of you so desire

      20       without speaking or doing anything.  It's

      21       throw your fate the wind, so to speak.  Not

      22       to say that it won't be a fair trial, but you

      23       can waive your presence.

      24            MR. HENSON:  Sorry, Your Honor.  I don't

      25       understand this.


       1            THE COURT:  Okay.  Now, Mr. Merrett,

       2       would you explain that to him this evening?

       3            MR. MERRETT:  I will, Your Honor.

       4            THE COURT:  Then if he wants to go that

       5       route tomorrow, I'm willing.  We can do that.

       6            MR. MERRETT:  Yes, sir.

       7            THE COURT:  Okay.  All right.  I'm

       8       satisfied he's entered a plea.  I'm satisfied

       9       that I don't need to hold him.  And if he

      10       wants to do a waiver in the morning, let me

      11       know.

      12            MR. MERRETT:  Yes.

      13            THE COURT:  We'll go that route, okay.

      14       All right.  That's fine.  You can go back and

      15       be seated.

      16            Mr.  Bailiff, if you would, sir, please

      17        bring forward the gentleman that seems to

      18        think he has to have an urgent phone call in

      19        the middle of a court proceeding.

      20            Sir, your name, please?

      21            MR. OLIVER:  My name is Frank Oliver.

      22            THE COURT:  Okay.  Mr. Oliver, raise

      23       your right hand.




       1   Thereupon:

       2                        FRANK OLIVER

       3   was called as a witness and having been duly sworn, was

       4   examined and testified as follows:

       5            THE COURT:  Okay.  Mr. Oliver, when you

       6       entered the courtroom did you see the sign

       7       there by the door explaining how the use of

       8       beepers and cell phones in the courtroom.

       9            MR. OLIVER:  I say the sign, Your Honor,

      10       however I didn't enter through that door,

      11       but, yes, I did see the sign.

      12            THE COURT:  All right.  Now, I'll tell

      13       you what I'll do.  I'm going to ask the

      14       bailiff to give you back your cell phone.  I

      15       want this clear on the record you're getting

      16       you cell phone back.  It's turned off, okay.

      17            But, since you were first to violate it,

      18        I'm going to put you to work.  Tomorrow for

      19        everybody on the defense or everybody

      20        wearing a white rose, including the

      21        attorneys who are or aren't, I'm going to

      22        put you in charge of making sure all cell

      23        phones and beepers are off at any time while

      24        were in the courtroom.

      25            If anything goes wrong, this is going to


       1        be between you and me, okay?

       2            MR. OLIVER:  Yes, Your Honor.

       3            THE COURT:  Can you be in charge of

       4       that?

       5            MR. OLIVER:  Unfortunately, I have been

       6       in charge of that until now and I was more

       7       surprised than you when it went off.

       8            THE COURT:  Maybe I better get somebody

       9       else.

      10            THE DEFENDANT:  I was more surprised

      11       than you when it went off.

      12            THE COURT:  Okay.  Give him his cell

      13       phone back.  Please folks, this is really

      14       getting very serious and we're trying to

      15       bring this, you know, get some sort of

      16       decorum so people aren't interrupted.

      17            I'll tell you what I'm going to do over

      18        on the Church's side or the petitioner's

      19        side, Mr. Shaw, you seem to have the most

      20        experience in the area of security,

      21        etcetera, etcetera.  I'm going to make you

      22        in charge of seeing that everybody on that

      23        side has their cell phones and beepers off.

      24        Would you please?

      25            MR. SHAW:  Absolutely.


       1            THE COURT:  All right.  I've got two

       2       capable people to help me.  Thank you all

       3       very much.

       4            All right, ladies and gentlemen, I think

       5        we still got a lot of work ahead of us.

       6        Have a good evening.  I look forward to

       7        seeing all of you tomorrow here at nine

       8        o'clock.

       9            Let me say one thing.  Tomorrow, you

      10        know, we've had a luxury here the past two

      11        days.  We sort of had this courthouse to

      12        ourselves.  Tomorrow is going to a little

      13        bit crowded.

      14            I do urge you, especially if we start at

      15        nine o'clock.  You might come before eight

      16        to start looking for parking places.  It's

      17        jury trial week here and this floor,

      18        especially this third floor is going to be

      19        packed with individuals.

      20            Be patient.  You all have been here.

      21        You all understand about court proceedings.

      22        You all understand what usually -- I'm

      23        asking you to be a little bit patient with

      24        them.  There's going to be a lot of people

      25        here who don't want to be here.  So, don't


       1        get yourself in a confrontation that you

       2        don't need.

       3            I understand what's going on here and I

       4        don't think they belong on either of these

       5        sides, so I'm just telling you that when you

       6        come back tomorrow we'll get you in here and

       7        we'll go about our business and eventually

       8        the masses will come to the third floor and

       9        they will go to other floors and other

      10        courtrooms.

      11            Everybody have a good evening.  Thank

      12        you very much.

      13            MR. MERRETT:  Your Honor?

      14            THE COURT:  Wait a minute.  We need to

      15       wait for our court reporter.

      16            MR. MERRETT:  Your Honor, as I said,

      17       Ms. Gogolla's father has had a heart attack

      18       and she needs to go to Daytona Beach to see

      19       him.

      20            THE COURT:  Okay.

      21            MR. MERRETT:  Apparently, it's a rather

      22       grave matter and I'm asking the court to

      23       excuse her attendance tomorrow and until she

      24       is able to get back.

      25            MR. POPE:  We have no objection to that,


       1       Your Honor.

       2            THE COURT:  That's granted, and if we

       3       can proceed, you going to be in touch with

       4       her?

       5            MR. MERRETT:  I can be, Your Honor.

       6            THE COURT:  If I need her back and all,

       7       then --

       8            MR. MERRETT:  I'll make sure I can get

       9       her, Judge.

      10            THE COURT:  All right.  Basically, I'm

      11       going to let the record reflect she's waiving

      12       presence for the proceedings now and has a

      13       family emergency and we'll just go from that.

      14       I'll deal with it that way, okay?

      15            MR. MERRETT:  Thank you, Your Honor.

      16            THE COURT:  Also, we'll secure the

      17       courtroom again so you can leave whatever you

      18       would like to leave and if we don't finish

      19       tomorrow, we'll go Tuesday and we'll just

      20       keep working at it.

      21             (Thereupon, the trial was adjourned to

      22        reconvene at 9:00 A.M.)





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