INDEX

WITNESSESS PAGE

DR. WILLIAM ZIZIC

Direct Examination by Ms. Aimen 3
Cross Examination by Ms. Wronkiewicz 9
Redirect Examination by Ms. Aimen 17
Recross Examination by Ms. Wronkiewicz 18

MR. MARK BUNKER
Direct Examination by Mr. De Vlaming 19
Cross Examination by Ms. Wronkiewicz 31
Redirect Examination by Mr. De Vlaming 42

OFFICER BLASE FORIA
Direct Examination by Ms. Wronkiewicz 45
Cross Examination by Ms. Aimen 55
Redirect Examination by Ms. Wronkiewicz 64

OFFICER CATHERINE CUDDY

Direct Examination by Ms. Wronkiewicz 66
Cross Examination by Ms. Aimen 72

THE CLERK: Mark Bunker.

MS. AIMEN: Julie B. A-i-m-e-n, on behalf of Mark Bunker, who is present. Also present is my co-Counsel, Denis DeVlaming, D-e-v-l-a-m-i n-g .

Ms.WRONKIEWICZ: Before we begin, the State had previously filed a Motion to Strike the Defendant's Motion to Dismiss. I know that you have read it. The State would just rest on what's included in their Motion to Strike the Defendant's Motion to Dismiss

THE COURT: The State's Motion to Strike Defendant's Motion is denied. Will one of you prepare an order?

MS. AIMEN: Sure.

THE COURT: Now, let's continue. Your Motion to Dismiss, does either side have anythinq they want to argue, or do you just want to put on evidence?

MS. AIMEN: On behalf of Mr. Bunker, we are prepared to present. evidence to the Court.

THE COURT: Okay. The Defendant's Motion to Dismiss, or in the alternative, to Strike Testimony

MS. AIMEN: That's correct.

MS. WRONKIEWICZ: We have filed a response, and we would just rest.

MS. AIMEN: At this time, we have a Motion to Exclude all witnesses.

MS. WRONKIEWICZ: The State would join in that motion.

THE COURT: Please swear in anybody who thinks they might be testifying.

(witnesses duly sworn.)

DR. WILLIAM ZIZIC,
called as a witness On behalf of the Defendant herein, after having been first duly sworn, was examined and testified as follows:


DIRECT EXAMINATION
BY
MR. DE VLAMING :


Q State your name, please?

A My name is Dr. William Z-i-z-i-c. I live in Chicago, Illinois.

Q What are you a doctor of?

A Dentistry.

Q Dr. Zizic, back on January 25th of 2000, did, you have an occasion on that date to meet with a man named Mark Bunker, the Defendant in this action?

A Yes, I did.

Q Earlier on that date, did you have occasion to be in his presence when Mr. Bunker had with him what appeared to be a video camera?

A Yes.

Q And, did you watch him load that video camera with any cassette or film?

A Yes, he did.

Q Did you actually see him put film in the camera?

A I actually saw him put it in the camera.

Q Did he video any tape of you and your wife?

A Yes he did. He had an interview with us over an hour.

Q Did he affix to you some device that allowed your voice to be picked up and transmitted to his camera?

A It was a little microphone on my tie.

Q That was a cordless mike?

A Yes.

Q Did you go with Mr. Bunker with his camera to 3011 North Lincoln Avenue, in Chicago?

A yes, I did.

Q And, is that the location of the; Church of Scientology?

A Yes,I did.

Q The purpose of going there was what?

A We invited him to go there with us to film an interview, so we could get our money back at the Church of Scientology.

Q You were going to get an application to get about $100,000 back from the Church of Scientology for monies you had given them?

A yes.

Q And, Mr. Bunker had agreed to help with that endeavor with you and your wife?

A Yes, sir.

Q As you came up to the building of Scientology, who was first, second, and third, or were you all together?

A I was in front, and I was walking up to the door, and my wife was behind me, and Mark Bunker was ten to fifteen feet behind them, and he was filming.

Q And, what was the purpose when you going up to the Church of Scientology, what were you going there for?

A We were going together at 7:30 p.m., and we were asking them for permission for Mr. Bunker to videotape the interview.

Q Did you have to open the door to the Church of Scientoloqy?

MS. WRONKIEWICZ: This is beyond the scope of these hearings.

THE WITNESS: I walked up to the door and I opened the door.

MR. DEVLAMING: Q Did you qo to the building?

A I (entered on the carpeting, and I turned around because there was a commotion on the sidewalk, and I saw these two men attacking Mr. Bunker.

WRONKIEWICZ: Objection to the characterization.

THE COURT: Overruled.

MR. DE VLAMING: Q Where was Mr. Bunker at the time these men came up to him?

A On the public sidewalk.

Q Were the men clothed in any type of police uniform?

A No, they were not.

Q Did they have any badges on?

A. No, they did not.

Q And, what did you see, in relation to the camera that Mr. Bunker had when he was in the presence of those two men?

A The cell phone dropped out of his pocket, and my wife picked that up, and they were trying to handcuff him, so he took the camera and he sat it down on the ground next to his right foot. I was standing on his riqht side.

Q What did you do?

A I reached down and picked up the camera, and the light was sti1l on the camera and the camera was still filming, and I continued to film.

MS. WRONKIEWICZ: Objection to continuing to film.

THE COURT: Overruled.

MR. DE VLAMING: Q You said that the light was still on. What do you mean?

A There was a red light on. When the cassette is in the camera, the camera is operating.

MS. WRONKIEWICZ: I am going to object to him testifying as an expert.

THE COURT: Overruled.

MR. DE VLAMING Q Did you actually see this red light on?

A I sure did.

Q And, it was in your custody when the light was on ?

A The light was on, and it was filming these officers.

Q Did you aim the camera towards the individual that were arresting Mr. Bunker?

A Yes.

Q And, do you believe that the tape would have shown were the officers and Mr. Bunker were on the sidewalk at the time?

A Absolutely. Yes.

Q When did that camera leave your person?

A The shorter of the two policemen took the camera from me. He said, "Give me the camera." I said, "What are you going do with that?" He said, "I will take it."

Q Did the shorter of the two officers take the camera?

A Yes.

Q Was the red light on when he took the camera?

A The light was still on.

Q What did you see happen to the camera next?

A He took the camera, and I was trying to turn off the light, and I was turning in the camera, looking at it to turn the camera off.

Q When was the last time you saw the camera?

A lady officer walked up with him, and they walked up with they walked up with the camera. I saw the lady officer carrying the camera and put it in the front seat of the police vehicle.

MR. DE VLAMING: No further questions.

THE COURT: State?

Cross.


CROSS EXAMINATION
BY
MS. WRONKIEWICZ:

Q What time was this interview that you had with Mr. Bunker, prior to going to the Church of Scientology?

A 7:30.

Q What time was the interview that interviewed you and your wife?

A That was ,at 4:00 o'clock in the afternoon.

Q Now, you testified you had not called the Church of Scientology to ask their permission to bring Mr. Bunker, is that correct?

A That's right.

Q But, you had arranged this meeting at the Church of Scientology prior to arriving, correct?

A That's right.

Q Sir, since it's true that when you arrived at the Church of Scientology, you were there with your wife and Mr. Bunker correct?

A. That's correct

Q And, at some point, you saw Mr. Bunker placed under arrest, is that correct?

A. That's correct

Q And, Mr. Bunker was trying to use his cell phone while being placed under arrest, correct?

A I did not see that I know it fell out of his pocket .

Q In addition, while the defendant was being placed under arrest, his video camera actually fell to the ground, correct?

A No, that is not correct.

Q Sir, in addition to yourself, Mr. Bunker, and your wife, there were other individuals around in front of the Church of Scientology, correct? .

A Yes.

Q And, there were about five or ten people outside the Church of Scientology correct?

A I believe so, yes

Q When Mr. Bunker was being placed under arrest, you and your wife, you were present when your wife was speaking to these officers, correct?

MS. AIMEN: You said that when Mr. Bunker was being placed under arrest you were having a conversation with the officer?

THE WITTNESS: yes.

MS. KRONKIEWICZ: Q Your wife was screaming at the officer, correct?

MS. AIMEN: Objection.

THE COURT: Overuled.

THE WITNESS: She had shown no ID .

MS. KRONKIEWICZ: Q Her voice was raised when she was asking to see the identification?

A Yes .

Q In fact, she was saying that she did not believe they were police officers, is that correct?

A True.

Q At the same time, Mr. Bunker was placed under arrest, right?

A Yes

Q In addition, there is a bar located across the street from the Church of Scientology?

A I think so.

Q Several patrons from the bar came out onto the scene, correct?

A I did not see anybody from tbe bar.

Q In addition to the two police officers that were there, a single female officer arrived in a squad car, correct?

A Yes.

Q In addition to the officers, there were at least one of two more squads that arrived on the scene?

A That's right.

Q Would it be fair to describe this as a chaotic night?

A No.

Q While the Defendant was being placed under arrest, the Defendant's wife as screaming at the officer. "where is my video camera? Where is my video camera?" correct?

A I did not hear that, no.

Q In fact, one of your officers, the shorter one, came up to you that you must give over the defendant's video camera, correct?

A He said "Give me the camera."

Q He also told you that that's because Mr. Bunker was being placed under arrest and his property, correct?

A He said that was his property. Mr. Bunker "What are you going to do with it" and the police officer said, "Take it to the station."

Q And, you would not give that officer the video camera, correct?

A That's not true. I gave him the camera.

Q Initially, you would not qive it to him, correct?

MS AIMEN: Objection to the term "initially"

THE COURT: Sustained.

MS WRONKIEWICZ: Q You did not just hand over the video camer to the officer?

A I had the camera in my hand. He said, "Give me the camera. I said, "What are you going to do with it? And, he said, take it to the station." And, I let him have it.

Q You saw that police off1cer hand that video camera to another police officer, and it was immediately placed in a police vehicle?

A When I saw her walk with the camera in her right hand and then put the camera in the vehicle.

Q At some point, the video camera was on the ground, correct?

A It was set on the ground for a second.

Q While the camera was on the ground, the people frome the Church of Scientology had access to it?

A I don't think so. It was right at my feet, between myself and Mr. Bunker.
ound for a second.

MR. DE VLAMING: Indicating, for the record, he is pointing to the ground to the space between bimself and Mr. Bunker as he stands in the courtroom.

MS. WRONXIEWICZ: Q One of the officers who arrived on the scene was a short female officer with brown hair, who you had met two weeks before, correct?

A Yes.

Q Two weeks before, you had a conversation with her, correct?

A Yes.

Q And, she also told you that she could not come to the Church of Scientology without makinq an appointment?

A We made an appointment, yes.

Q Is that why she had told you to make an appointment?

A Yes.

Q One of the officers who placed Mr. Bunker under arrest, he was also present on the scene when you were talking to this officer, correct?

A Yes .

Q Did you tell the officer that you had called the police before you had even come to the Church of Scientology?

A Yes.

Q At some point, did the officers show their badges? Correct?

MS AIMEN: Objection, as to which officer.

THE COURT; Sustained.

MS. WRONKIEWICZ: Q The two officers that placed Mr. Bunker under arrest did show you some badges, correct?

A I saw no badges .

Q Well, sir, did you hear your wife yelling, "Those are not real badges those are fake badges"?

A I know that one officer presented her a card .

MS. AIMEN: I would object that she said she saw no badqe

THE COURT: Overruled.

MS. WRONKIEWICZ: Q So, the officer handed your wife some type of idenitification, correct?

A Yes

Q Your wife was questioning the identification that she had been handed by the officer?

A Yes.

Q Sir, it is your testimony that you had possession of Mr. Bunker's video camera the whole time he was being placed under arrest, correct?

A No.

Q But, you did have the Defendant's video camera in your possession when the police were looking for it, correct?

A I sat it down on the ground, and I was being handcuffed. I put the camera down, and he picked it up.

Q So, you did not have the Defendant's camera in your possession, correct?

A For fifteen seconds, yes.

Q This microphone that had been used on you earlier for in interview, were you wearing this microphone when you arrived at the Church of Scientology?

A No.

Q Did your wife have this microphone on when she you arrived at the Church of Scientology?

A Not to my knowledge.

Q Did you have a type of interview that you and your wife did as you are having here in court today?

A No.

Q Do you know how many hours of videotape Mr. -- first of all, from the time that Mr. Bunker interviewed you and your wife earlier in the day, did you ever ask --

Judge, I have to strike that for a second.

The interview that you and your wife gave to Mr. Bunker, you testified that that lasted an hour, correct?

A That's correct .

Q Do you have any personal knowledge of how many hours of videotape that videotape could hold?

A No.

Q And what time did you say that videotape was?

A It was in thc afternoon, at 4:00 o'clock.

Q You never saw Mr. Bunker load the videotape with the video camera prior to going to the Church of Scientology at 7:30, did you?

A No.

MS. WRONKIEWICZ~ I have nothing further, Judge.


REDIRECT EXAMINATION

BY
MR. DE VLAMING:

Q The purpose of bringing the tape to the Church of scientology was what?

A To interview us outside the church on the front sidewalk.

Q And, when you picked the camera up, did there appear to be any damage to the camera, as if it had been dropped?

A No.

Q When the Officer had the camera in his hand, looking for the light, whether be even found the off button in your presence urn the light off --

MS. KRONKIEWICZ: Objection .

THE COURT: Overrule.

THE WITNESS: I did not see him turn off the light.

MR. DE VLAMING: Thank you.

RECROSS EXAMIINATION
BY
MS. WRONKIEWICZ:

Q You are not an expert in the use of video cameras, correct?

A That's correct.

MS. WRONKIEWICZ: I have nothing further

THE COURT:Anything else?

MR. DE VLAMING: Nothing of this witness.

The only other witness we would be calling is Mr. Bunker.

(Witness excused.)

MR. BUNKER,

the Defendant herein, called as a witness in his own behalf, after having been first duly sworn, was examined and testified as follows:

DIRECT EXAXINATION
BY
MR. DE VLAMING:

Q State your name, for the record?

A Mark Bunker, B-u-n-k-e-r.

Q You are the Defendant in this matter?

A Yes.

Q Mr. Bunker, let me cut to the chase, and bring you right to the matter at hand.

January 25th, 2000, did you have in your possession on that date in the City of Chicago, a video camera?

A Yes.

Q Did you bring that video camera with you today, to be able to answer certain questions concerning its use to this Court?

A Yes.

Q The Court has given permission for the camera to be in this courtroom.
Do you hava a separate cassette that operates in the camera?

Q Was this the same camera used on January 25tj, 2000?

A Yes.

Q Has it in any way been repaired, or in any way altered, sine January 25th, 2000?

A Not at all.

MR. DE VLAMING: Judge, if we could also --I dont want to introduce this into evidence. Could we have a demonstration at this time to the Court?

THE COURT: Sure.

MR. DE VLAMING: Q Mr. Bunker, if you could just load that camera, please?

As you do, just show the Judge and the Prosecutor how it is loaded, and and go ahead and drop the cassette in there.

A This is a Sony DSR 200 Digital Camera. This is professional digital camera that would be used in news gathering.

There is a little door here on the side of the camera, and this is a digital video tape, and you just put the tape in there. It feeds in .

MR. DE VLAMING: Indicating, for the record, that he is placing the tape into the slot where the door opens.

THE COURT: Right.

THE WITNESS: Closing the door, and the camera is now loaded with the tape, and ready to shoot. There is power, but --

MR. DEVLAMING: Q On the side, to turn the the power --the power is now on?

A Yes; .

Q If you please, I would like for you to show the Court, show it recording?

A Yes. There is some little meters going. Is that the voice?

A There is a LED disc play on the side of the camera which gives you the time code. You can view how much of the tape has been used in either hours or minutes, or you could have it in professional time code, and then there are little meters that show you both the left and the right audio signals.

Q Turning it around, just show the Judge what button you need to push on?

A The red button is on. Here is the on and off.

Q On the camera there was an area that you would put your hand under a strap right next to that. You would use your thumb to press the right button?

A Correct.

Q Do this. Put the camera this way, but do not point it at the judge. But, there will be a red light that comes on. There will be a red light that comes up once you hit the record button, where the red light goes on, so the Judge will be able to see right underneath the word "Sony" in the front?

A Yes.

Q You have the lens cover on this?

A Right

Q So, if you were to put it on, nothing would be recording in this courtroom?

A Sure

MR. DE VLAMING: May he put the camera on?

THE COURT: Sure.

MR. DE VLAMING: For the record, right under the word "Sony", it looks like about a half-inch red light that is now illuminated. Is the camere taping right now?

A It is video-recording ut this moment.

Q And video is on?

A Yes. The audio is recording. There is no video image. It is just blank, because of the lens.

Q Because of the lens being covered. How do you turn it off?

A Same way; push the red button.

Q Turn it off. What I would like for you to do is to eject the cassette from the machine. Show the Judge how it is ejected, and then push the red button.

A The same way you put the tape in, you bring it out right next to the door. On the top here, there is a little word written called "Eject" . You open up the door, and there is a button right by the "Eject" where you push that. It takes a few seconds for the tape to unwind from the mechanism inside, and then it pops up.

Q Take the tape up and go alonq and lift it up. Is the camera capable of turning on without a cassette?

A No.

Q Push the red button. Did you push the red button?

A I did

Q Hold the red button. The red light cannot come on without the a cassette tape?

A. Absolutely.

Q How long does a tape last?

A I think it is a two-hour and forty-minute tape.

Q Was that the same -- like the tape that was just on January 25th?

A It was a Sony ME1. It's a Sony DVCam 180 lamp (ph. sp.) tape, meaning it's two hours and forty minutes long.

Q Did you conduct an interview of this session on January 25th, 2000.

A I did.

Q Do you know about how much tape you had used on those interviews?

A I interviewed Bill a little bit in his office. I would say maybe twenty minutes. Around 4:00, we got back to the Zizic's home, and both Barbara and Bill Zizic were interviewed by me in their living room, on their sofa. We spent about an hour getting some of their story.

Q About how much tape was left when you went to the Church of Scientology on the 25th?

A It would have been another hour and a half.

Q You had removed the tape before putting it in front of Dr. Zizic?

A No.

Q When you walked up to the Church of Scientology on that date, what were you intentions?

A We had discussed this in advance. We had discussed it also with my employers down in Florida. We were going to go there to the Church Org. They called the Church Org. I was going to do a brief interview with the Zizics Prior to them going into the building, they had set up this meeting --

MS WRONKIEWICZ: I am going to object to the narrative.

THE COURT: Sustained.

MR. DE VLAMING: Q The Purpose of bringing the video camera was to conduct an interview of the Zizics.

A Before and after their meeting.

Q Before going into the church?

A Right

Q When you got to the church, who made it to the front door first?

A Bill Zizic.

Q Who was behind Bill?

A Barbara was next in line, several feet away from the door and from Bill Zizic, and then I was behind her, with my camera, several feet behind her.

Q Were you in the vestibule of the Church of Scientology, or on the public sidewalk?

A I was on the public sidewalk.

Q And, while you were standing there, did you have the camera up on your shoulder?

A Once we reached the building, prior to that, as we were walking down the street --

MS WRONKIEWICZ: I am going to object as it is non-responsive

THE COURT: Overruled. Go ahead.

THE WITNESS: Once we arrived right in the front of the door, I picked up the camera and put my hand through the handle and brought it up to my face, as I would when I am videotaping, and started to roll the tape and interview Barbara Zizic . I asked her, "So tell me what's happening here toniqht?'" That was as far as we got into the interview.

MR. DE VLAMING: Q What happened after that statement was made?

A As I was saying this, she did not have a chance to respond, because the two men came and snatched me, and came to either side and grabbed me.
And, the other officer, who I did not know was an officer at the time, was saying, "Turn off the Camera. Turn off the camera," and and was very upset about that.

Q Where were you standing, at the time that the officer came up to you?

A I was on the sidewalk.

Q Did the police automatically arrest you?

A Yes.

Q What did you do with the video camera?

A At one point, the smaller statured officer -- I was holding the cameradown to my side with the hand on top of the camera. He forced my thumb back and forced me to release my grip. I was not going to drop the
camera, so as he was forcing my thumb, I set it down on the ground.

Q Where was Dr. Zizic at this time?

A Dr. Zizic was off to my right, a few feet away.

Q Did you see what happened to the camera after you put it on the ground?

A The camera remained untouched For maybe thirty seconds, sitting there kind of aimed, as it is now, away from the police officers. And shortly after, I dropped the camera. That's when the smaller officer put handcuffs on me and arrested me. While I had my hands cuffed behind me, I saw the camera sitting there rolling, and I kind of gestured with my eyes to Bill Zizic to pick up the camera and point it at us, because I thought this should be videotaped, and he picked up the camera and held it at his side, and
tiltled it in our general direction.

Q Could you see if this red light was on or off?

A It was on.

Q Do you know what happened to the video camera from this position?

A It was taken by the officer from Bill Zizic.

Q Male or female?

A My recollection of it is --I do know that it ended up in the police officers hands, because I was being put. into the police car, I was watching him turning the camera around in his hands, looking for a way to turn the camera off. It was still running. He then found the button, and the red light went off.

Q Since we re not going to introduce the camera into evidence, is there any damage showing in that camera?

A Normal wear and tear; no damage from that incident at all.

MS. WRONKIEWICZ Objection to the word "normal".

THE COURT: Overruled.

MR. DE VLAMING: It does not show any indication that it has been dropped?

A No.

Q The next day, did you go to the Chicago Police Department in order to get your property back?

A Yes. When I Was taken in and locked up, everything was taken away, and returned to me when I was released from jail four hours later, except for the camera. The camera, they said had to go to a different place because it was expensive. I spent the next day running back and forth to different locations.

Q Ultimately, did you get your camera?

A Ultimately.

Q When you went in to get the camera, what did you do?

A Finally at about 5:30 in the afternoon, I believe, on the following day, the camera was located in the building on Western. An Officer Cuddy, I believe, was there. She brought it out from lock-up. It was in a plastic wrap, and I had Oificer Cuddy watch as I opehed up the protective
plastic envelope. I made sure they were watching. I brought their attention to the fact that I was going to open it up and see if the tape was still in there.

Q Did you open it up?

A I did open it up in their presence, and the tape was still in there.

Q Did you make any inquiry about where your tape was?

A Yes. I was very upset about that. Officer Cuddy tried to find out what she could. She tried to qet the Watch Commander. We could not locate the Watch Commander, and ultimately, we could not locate the tape.

Q So the last time that the tape was seen by you was in police custody following your arrest?

A Yes

MR. DE VLAMING: That's all I have.

CROSS EXAMINATION
BY
WRONKIEWICZ:

Q Mr. Bunker you said this is the video camera?

A Yes.

Q where is the inventory number?

A Are you referring to a serial number?

Q Yes.

A It would be down here.

Q Just for the record it says, "l0866". Is that 10 or 1D? DSR200A?

A Right.

Q Inventory number is 3-704256-01?

A That is not the battery. The battery is here. It's a little latch for some batteries. The batteries to operate the camera, that are necessary to change, is here.

Q Mr. Bunker, you testified that you went to the Church of Scientology so you could interview the Zizics?

A. Correct.

Q Yet, you called the police before you arrived?

A Bill Zizic, that was part of his arrangemants the week before. They scheduled help to call...

MS. AIMEN: Judge, I am going to ask that that question be rephrased. His answer was different than a yes or no.

THE COURT; You can, on redirect. Ask another question.

MS. WRONKIEWICZ: Q When you were arrested, there were two police officers, a short one and a taller one, wearing black jackets?

A There were two that arrested me.

Q The two individuals that arrested you, there were two gentlemen wearing black jackets, a shorter one, and a taller one?

A I was not sure they were police officers when they first appeared until they brought out the cuffs and said, "You are under arrest."

Q Mr. Bunker, is no video tape in there now?

A Right.

Q This video display here on the side, it's 5 jumpinq up and down?

A Yes, That's the audio monitor.

Q Does that mean that you can listen? It can tape recorded sounds, even though there is no tape in there?

A Not if there is no tape in there.

Q I am just confused about why this audio display here is going up and down as we speak, as if it is recording something. Is it recording something right now?

A Absolutely not. There is a monitor. That is not a recording device, There is a microphone on the camera. Althouqh there is audio coming into the camera there is nothing being recorded.

Q Just to clarify the record, we are speaking about this little area. This is showing that the audio tape is moving up and down.

MS. AIMEN: I will object to the term "audio"

THE COURT: There is no tape in there.

MS. WRONKIEWICZ: Q You don't believe that the two individuals who approached were police officers?

A They weren't behaving like police.

Q Is that a yes, or a No.

A No.

Q Because you did not believe they were police officers, you questioned them regarding their authority to place you under arrest?

A I asked them who they were. I wanted to veriFy who they were.

Q Is that a, yes, or no?

A Repeat the question, please.

Q As they placed you under arrest, you questioned their authority to place you under arrest?

A Not as they were placing me under arrest, absolutely not.

Q Is it your testimony that you just responded, "Fine, take me into custody"?

A Yes. When they pulled up the cuffs and said, "That's it. You are under arrest, I put out my hand. I did not say it, but I said, "I am not going to resist the arrest."

Q Is it your testimony that as you put out your hands to be placed under arrest, he brought out the cuffs and said, That's it. You are under arrest?

A Yes.

Q While you were being placed under arrest, Barbara Zizic was there?

A Yes.

Q And, she was yelling at the police officers?

A Yes, she was loud .

Q And, she was telling the police officers that she wanted to see their identification, correct..?

A We both were, yes.

Q And, the police officer's did, in fact, show you some identification, correct?

A They did not show me but they showed something to Barbara and she was saying that's not real ID.

Q As you were being placed arrest, there were individuals there from the Church of Scientology?

A There were a few people that came out of the building.

Q In addition to the people who came from the Church of Scientology. There were individuals that came out from the bar across the street.

A My back was to the bar. I never noticed.

Q Well, after you were placed under arrest, you noticed that there were at least ten or fifteen people on the scene, correct?

MS. AIMEN: Relevance.

THE COURT: Overruled.

THE WITNESS: Largely, police.

MS. WRONKIEWICZ: Q Is that a yes, or no?

MS. AIMEN: Obviously, the question can't be with a yes or no.

THE COURT: Sustained.

MS. WRONKIEWICZ: Q There were several police officers on the scene, correct?

A. Very many.

Q In addition to the police officers, and people from the Church of Scientology, there were other individuals that were there, that were not there when you arrived, correct?

A I was not paying much attention to them, but I saw at least two or three people who seemed to be with the Church of Scientology, who were standing outside their building.

Q Sir, as you were being placed under arrest, you tried to get your cell phone out and tell the officers that you were calling your lawyer, correct?

A Not at all. This happened before.

Q Is this a yes or no?

A No.

Q You did, in fact, drop your cell phone to the ground?

A No. The officer knocked it from my hand.

Q At the same time, you still had the video camera in your hands, on your shoulder, correct?

A Not correct. By that time, the camera had been forced out of my hand by the smaller officer.

Q When you say the word "forced" , you also testified that that officer actually tried to remove your thumbs from the video camera?

A That's how he forced it, yes.

Q In fact, that video camera hit the ground?

A No. It was placed on the ground.

Q Now, at the same time you were being placed under arrest Barbara Zizic was yelling at the officers?

MS. AIMEN: Objection; asked and answered

THE COURT: Substained.

MS. WRONKIEWICZ: Q Now, the officer was speaking to you, telling you that you were being placed under arrest, correct?

MS. AIMEN: Objection; foundation .

THE COURT; Overruled. Let him answer.

THE WITNESS; The smaller officer. Once he knocked the phone out of my hand, he said, "That's it." I told him, "Listen"-- I took the cell phone out of my pocket. I said, "Listen, I am going to call the precinct and verify that you are police." I got very frightened. They knocked the phone from my hand and said, "That's it."

MS. WRONKIEWICZ: Objection to the word "frightened".

THE COURT: Stricken.

MS. WRONKIEWICZ: Q Are you were trying to verify that they were police officers, you were not watching the video camera?

A It was just a couple steps away from me.

Q Is that a yes or no? Were you watching the video camera?

MS. AIMEN: Objection

THE COURT: Overruled.

THE WITNESS: I was aware of its presence.

MS. WRONKIEWICZ: Q It's your testimony that you looked at Mr. Zizic, and you gave him some type of a signal to grab the video Camera, correct?

A Yes.

Q And, In fact, Mr. Zizic did have the video camera in his possession, correct?

A Yes.

Q After Mr. Zizic had the camera in his possession, you saw a police officer take the video camera from him, correct?

A It's my recollection that it was. I know it was the larger officer who ended up with it.

Q It was a male -- the larger officer?

MS AIMEN: Objection. That was not his testimony.

THE COURT: Sustained

MS KRONKIEWICZ: Q You saw that officer give the video camera to a female police officer, correct?

A I saw the larger police officer turn the camera off, and that was the last I saw of it.

Q You never saw that male police officer take that videotape out of your camera, yes or no, sir? Did you see him take the videotape out?

MS. AIMEN: Objection.

THE COURT: Overruled.

MS. WRONKIEWICZ: Q You were placed into a squad car with a Female officer with brown hair, correct?

A Yes.

Q And, that was the same officer that you saw the next day at the police station when you were trying to get your video camera back?

A Yes, I believe that was Officer Cuddy.

Q Where was your video camera when you and Officcr Cuddy went to the police station and she told you that she would not release your video camera back to you? You said that the police officer that inventoried it showed up for work, correct?

A I am not sure. She had me running around at different locations all day long. I think that after I came back from the main lock-up, they told me that they can't give it to me until the officer is there.

Q That officer did arrive about 5:00 or 5:30 that night?

A Correct.

Q And, that officer gave you your video camera?

A Correct.

Q And, you were present when she opened the camera, correct?

A Correct.

Q When she opened the video camera, there was no videotape in it?

A Correct.

Q Sir, you demonstrated how you place the videotape in the video camera and take it out. It take less than five seconds, correct?

MS. AIMEN: 0bjection.

THE COURT: Sustained.

MS. WRONKIEWICZ: Q How long does it take to remove a videotape from your video camera?

A It's maddening, because it's so slow, but it does take about five second.

Q How big is that video camera that sits in that video camcorder?

A This tape I suppose it's about the size of a five-by-five index card.

Q So, you actually pulled that out of your pocket of your suitcoat when you arrived there that day, correct?

A Yes.

MS. WRONKIEWICZ: Nothing further.

REDIRECT EXAMINATION
BY
MR. DE VLAMING:

Q Mr. Bunker, was it you or Dr. Zizic who had called the police before you arrived at the Church of Scientology?

A It was Dr. Zizic, at the police request.

Q Second question: If you have no corroborative tape that was made on the day in question, but you were called upon to rely upon the testimony 0f people from the Church of Scientology to give testimony for you at your trial, would that be impartial in your opinion?

MS. WRONKIEWICZ: I am going to object to that, Judge.

THE COURT: Sustained

MR. DE VLAMING: That's all.

THE COURT; Anything else?

(Defendant excused.)

MS. WRONKIEWICZ: The State would ask for a Motion of Directed Finding. The Defendant has not shown that the police have taken custody of the videotape. In fact, you heard that the Defendant in the case testified that they went there with his video camere. He is the only one who said he put a videotape in there.

MS.AlMEN: That not not the testimony.

THE COURT: Sustained.

MS. WRONKIEWICZ: In addition to that, he testified thut he placed the videotape in the video camera, and he went to that location to interview the Zizics. He tells you that prior to getting there, they had made arrangements to call the police.Now, he tells you that he goes to the Church of Scientology, and then he is immediately arrested by these police officers; that, he takes his video camera. He sees them trying to turn the light off, but he never sees him take the videotape. In fact, he tells you that he sees the male officer checking his camera to try to turn the light off, but he never sees him take a videotape out of the camera. In addition, what does Mr. Zizic tell you? He tells you that he had custody of the Defendant's video camera. In fact, the defendant corroborates that. He tells you that he told Mr. Zizic, "Grab the camera," while it was laying on the ground.

Judge, at this juncture, the state would argue that the defendant has not even proven that the police had custody of the videotape in this case. All you have before you is the inventory slip, which is the court file, which shows that the videotape was inventoried.

We will argue that, based on the testimony presented by the defendant and his witnesses, there is no testimony -- you have no testimony that the police officer ever had custody of the videotape.

If anyone had custody of the videotape, it would be Mr. Zizic, who readily admits to you that he picked up the camera and started -- and had to give it to the officer.

Judge, you are familiar with inventory slips. In fact you know when an officer inventories something he must -- there are several lines on there, and he must put on each line what's inventoried. For instance, if there is a gun with bullets, one line would say gun, the next line would say the bullets. The next one has another item. All you have is a slip showing the inventory number, a slip saying that the video camera was inventoried, but not the tape. There was no videotape. We are asking for a direct finding.

THE COURT: Your motion to Strike Defendant's Motion is denied. Let me make everyone aware, here. It is not unusual for me, but if there is going to
become a question of credibility, I will put you on notice that I am quite sure that the Officer Cuddy that you are talking about is the daughter -- is the older friend of my Detective Cuddy, now since retired. So, the Court is placing notice to that.

OFFICER BLASE FORIA,
Called as a witness herein on behalf of the People of the State of Illinois, after having been first duly sworn, was examined and testified as follows:

DIRECT EXAMINATION
BY
MS. WRONKIEWICZ:

Q Please state your name, and spell your lastname?

A My name is B-L-A-S-E. The last name is F-O-R-I-A.

Q Were you on duty or off duty on January 25th of this year?

A I was off duty.

Q Were you working alone or with a partner?

A I was working with a partner.

Q What is your partner's name?

A Ralph Bonifazi

Q Did you receive an assignment to go to the Church of Scientology at 3011 North Lincoln, City of Chicago, County of Cook?

A Yes.

Q Did you make and arrest on January 25th?

A Yes, we did.

Q Do you see that gentleman here in court today that you arrested?

A Yes, I do.

Q Please point to him and identify something that he is wearing?

A He is the man sitting to the right of me.

THE COURT: He has identified the Defendant.

MS. WRONKIEWICZ: Q Now, when you placed the Defendant under arrest, did he have anything in his hands?

A Yes, he did.

Q What did he have in his hands?

A He had a videocamera and a phone.

Q Do you recognize if this looks like the video camera that the Defendant had in his hands on the date I just meantioned?

A I am not sure that that is the one. I can't remember.

Q Prior to placing the Defendant under arrest, were you having a converstation with him?

A Yes, I was.

Q Who was present for this converstation?

A My partner, Ralph Bonifazi.

Q Where was this converstation taking place?

A In front of hte Church of Scientology, on Lincoln.

Q Do you remember what the Defendant was saying to you, and what you were saying to him?

A He told me that he was not welcome at the Church of Scientology --

MS. AIMEN: Objection to the relevance. This is a hearing on the camera as to the warning of trespass.

THE COURT: Overruled. Let's get the whole picture out here, so to speak.

THE WITNESS: -- and that they would not be welcome, and they failed to meet our directives and we had to place them under arrest and into custody.

MS WRONKIEWICZ: Q After you placed him into custody, could you tell what he was doing?

A He was trying to make a phone call.

Q Could you see who he was trying to call?

A No.

Q While he was trying to make a phone call, did you see where his video camera was?

A Yes.

Q Tell the Judge what you saw happen to the video camera?

A AS we placed him under arrest and cuffed him, the video camera fell out of his hand and tumbled over in between two parked cars.

Q Where were these two parked cars at?

A All in front of the Church of Scientology, on Lincoln Avenue.

Q After the video camera tumbled away, what did you do?

A We struggled with Mr. Bunker.

Q When you say "we", who are you referring to?

A Ralph Bonifazi and I.

Q What was the Defendant doing as you were trying to --

A He was trying to make a phone call as we were trying to cuff him, and he was hiding his wrist in different areas as we were trying to grab him.

Q Were you looking at the video while you were trying to arrest him?

A We were moving away.

Q When you say you were moving away, where were you moving towards?

A Northbound on Lincoln

Q After placing the Defendant under arrest, was the Defendant saying anything?

A The Defendant wanted to know why he was being placed under arrest. I just repeated that he was trespassing, and gave him fair warning.

Q Did the Defendant ever ask about his video camera?

A Yes.

Q What, specifically, did the Defendant say?

MS.AIMEN: Leading.

THE COURT: Overruled.

THE WITNESS: He said, "Where is my camera? I want my camera." He said that repeatedly, over and over.

MS.WRONKIEWICZ: Q After the defendant asked you were his video camera was, what did you do?

A We began, as we do in most arrests. We got the prisoner --

MS. AIMEN: Objection.

THE COURT: Overruled.

THE WITNESS: We looked for his camera.

MS. WRONKIEWICZ: Q How long did you look for the camera?

A For several minutes; seven or eight minutes. It was not in the original place where I last saw it.

Q Now, while you were looking for this video camera, describe how many people were out on the scene.

A There is a bar that emptied out. The church emptied out. I would say it was forty to fifty people around there, plus passersby.

Q After looking for the Defendant's video camera for seven or eight minutes, did you finally locate it?

A Yes I did, My partner did.

Q In addition to you looking for the video camera, was your partner looking for it?

A Yes, he was.

Q Did you see your partner find the video camera?

A Yes, I did.

Q And, did you see who had the video camera?

A Yes, I did.

Q Who had the video camera?

A I believe that his name is Dr. Zizic.

Q Did you see your partner approach Mr. Zizic to get this video camera?

A Yes.

Q Could you hear what was being said?

A Yes.

Q Tell the Court what you saw?

A My partner said --

MS.AIMEN: I am going to object. It's hearsay.

MS.WRONKIEWICZ: It's a motion, Judge.

THE WITNESS: My partner said, "Why can't I hold it?" and they were tugging at it.

MS. WRONKIEWICZ: When you say they were going at it, are you referring to the video camera?

A Yes.

Q At some point, could you see who ended up with the video camera?

A Yes.

Q Who ended up with the video camera?

A My partner, Ralph Bonifazi

Q Did you see what your partner did with the video camera?

A Yes, I did.

Q What did he do with the video camera?

A He gave it to the sergeant.

Q What was his name?

A Allen S. Closs, C-L-O-S-S.

Q Where was the Defendant at this point?

A He was roughly about ten or fifteen yards out away from the front of the Church of Scientology.

Q At some point, did you place the Defendant into the squad car?

A The arresting officer came on the scene, and yes, they took him to the squad car.

Q Do you know who the arresting officers were?

A I believe it was Cuddy and Arnote.

Q Did you see what Cuddy and Arnote did with the Defendant?

A She placed him into the squad car.

Q Did you see what you sergeant did with that video camera?

A Yes.

Q What did she do?

A She gave it to -- I believe it was Cuddy she gave it to.

Q Did you see what Cuddy did with that video camera?

A She placed it in the squad car, into the trunk.

Q Did you ever have custody of that video camera?

A No.

Q Did you ever remove a videotape from that camera?

A No.

Q Did you see your partner remove a videotape from that camera?

A No.

Q What about the sergeant, did you see her?

A No.

Q What about Officer Cuddy?

A No.

Q Now, after placing the Defendant under arrest, did you have a conversation with Mr. Zizic?

A Yes, I did.

Q Who else was present for that conversation?

A Ralph Bonifazi.

MS. AIMEN: I will Object as to the relevance after the camera went into the car.

MS. WRONKIEWICZ: Q Tell me what Mr. Zizic said to you?

A We found there was a phone call placed to the police prior to the event.

Q While you were placing the Defendant under arrest -- First of all, did the Defendant arrive with two individuals?

A Correct.

Q Do you know the name of those individuals?

A It was Mr. Zizic, and his wife, Mrs. Zizic.

Q And, at some point, you identified yourselves as police officers?

A Yes, we did.

Q And What was the Defendant's -- their response to your identification?

A Mrs. Zizic refused to -- also, I did produce a badge and show her that I was a police officer. And, she became very demonstrative.

MS. AIMEN: Objection to the narrative. What's the relevance of this?

MS. WRONKIEWICZ: Q How long did it take you to place the Defendant under arrest?

A From the time that we --

Q Just from the time that you told him he was under arrest until you cuffed him?

A About a minute.

Q Did the Defendant willingly give you his hand when you told him he was under arrest?

A No.

Q You know the officer that inventoried the video camera, correct?

A Correct.

MS WRONKIEWICZ: Judge, I would tender that witness.

THE COURT: Cross.


CROSS EXAMINATION
BY
MS. AIMEN

Q Officer, how are you today? You said that you were off duty on January 25th, 2000 is that correct?

A That's correct.

Q So, this is the second employment?

A That's correct.

Q So, when you testified earlier that you were assigned to the Chruch of Scientology, who made that assignment?

MS. WRONKIEWICZ: I will object to the relevance.

THE COURT: I don't know. I don't see the relevance, but you brought it out, so objection is overruled. Go ahead.

THE WITNESS: I was given the job by one of the other police officers.

MS AIMEN: Q Are you normally given secondary employment by another officer?

A Yes.

Q What police officer made that assignment?

A Hector Ortiz.

Q Where is Hector Ortiz? What precinct is he out of?

A 019th District.

Q When you work secondary employment, you are not allowed to wear your police shirt, is that right?

A It depends if you are working secondary employment for the Chicago Police Department, or if you are in Housing or the CTA.

Q On January 25th, you were working on a section in the Chicago Police Department, right?

A Yes.

Q So, you could not wear your standard police shirt?

A Right.

Q And, under the rules and regulations of the Chicago Police Department, you have an obligation, even when you are working secondary employment, to act as a police officer?

A That's correct.

Q In the rules and regulations, Rule 40 requires you to preserve property, isn't that correct?

A That's right. If you say so, because I am not sure of --

Q I would like to show you a copy of Rule 40.

MS. WRONKIEWICZ: I will object.

THE COURT: That's actually the relevance. The Objection is overruled. You want to let me see it, fine.

MS. AIMEN: Q Showing you what I would like to mark as Defendant's Exhibit 1, for identification.

A Okay.

Q Read that out load.

A "Failure to inventory and process recovered property in conformance with Department orders..."

Q Failure to do that would get you sanctioned, correct?

MS. WRONKIEWICZ: Objection; relevance.

THE COURT: Overruled.

THE WITNESS: It was inventoried.

MS. AIMEN: Q You did not write an inventory slip on this matter, did you, Officer?

A No, I did not.

Q When you testified that Mr. Bunker's camera tumbled on the ground, I think you said it tumbled between two parked cars?

A Right.

Q And, you wrote a police report in this matter?

A Yes.

Q Showing you what has been marked as Defendant's Exhibit 2, for identification, and I would ask you whether this is the police report that you wrote?

A That's that one I wrote.

Q In that report, there is no statement that the camera tumbled on the ground, is there?

A No.

Q There is no statement that it tumbled on the ground between two parked cars?

A No.

THE COURT: Actually, what he said is that the camera fell over and over.

MS. AIMEN: Q It does not say that in the police report; that it fell over and over on the ground.

A I did not see the whole report. If you read the back side, it says, "dropped the camera to the ground".

Q It does not say, "fell over and over between two parked cars, " correct?

A Correct. It does not say that.

Q In this police report, there is nothing about forty people?

THE COURT: It is not about forty or fifty people congregating on the street; is there?

THE WITNESS: No.

MS AIMEN: And, nowhere in the supplementary report did you take down the names of any of those forty or fifty people you saw that were present on the street, correct?

A Correct.

Q During the time as you approached Mr. Bunker, the red light of the camera was on, is that correct, Officer?

A I can't recall that.

Q As you approached Mr. Bunker, isn't it true that you told him, "Turn the camera off"?

A I don't remember saying that at all.

Q Do you recall hearing your partner saying, "Turn off that camera"?

A No.

Q When you approached Mr. Bunker, is it correct that Mr. Bunker had the camera had the camera held still on his shoulder?

A No, it is not.

Q Where is the camera in relation to Mr. Bunker as you approached him?

A He was holding it as you would hold a gallon of milk, to the right side of his thigh.

Q In the police report that we marked as Defendant's Exhibit No. 2, for identification, you did not indicate that in your report anywhere, that Mr. Bunker repeatedly asked you, "Where is my camera? Where is my camera"?

A No.

Q In fact, nowhere in the report does it indicate that he inquired of you as to where his camera was?

A In the police report, or the summary?

THE COURT: If you can answer the question in a yes or no fashion, answer it that way. Ask him another question.

MS. AIMEN: Q Nowhere in that report, Officer, does it indicate that Mr. Bunker asked you "Where is my camera?

A That's right. That's correct.

Q After you - Let me ask you this: While you were placing Mr. Bunker in custody, he was on the sidewalk at this time, isn't that correct?

A Yes.

Q And, you and your partner were having some kind of dialogue with Mr. Bunker at this moment, correct?

A Correct.

Q And, your attention was focused on Mr. Bunker, and your effort to take him into custody?

A Correct.

Q During that time, you did not know how many people were near you on the street, is that right?

A Not when we were dealing with him.

Q You did not remove a camera from Dr. Zizic did you?

A No.

Q At any time that Dr. Zizic had the camera, he was -- you could not tell whether the red light was on or off of the camera, is that correct?

A No, I could not tell that.

Q In fact, Officer did you notice that you could see a red light on the camera when it was filming?

A Yes, I know that.

Q At the time that you and your partner started to look for the camera, you indicated that Mr. Bunker was ten or twelve yards away, is that correct?

A From the front door.

Q Who was standing with Mr. Bunker when he was in custody while you were looking for the camera?

A Police officers that came on the scene.

Q Do you recall which officers?

A No. There were many of them.

Q When you approached Mr. Bunker initially to tell him that he was trespassing, where was he, Officer?

A He was at the door of the Church of Scientology.

Q When you say he was at the door, do you know if he was on the sidewalk in front of the church?

A No.

MS. WRONKIEWICZ: Objection.

THE COURT: Sustained.

MS. AIMEN: Q There were a number of people in that doorway when you approached Mr. Bunker?

A In front, or behind me?

Q Well, there were a number of people standing with Mr. Bunker in the door of the Church of Scientology?

MS. WRONKIEWICZ: Objection

THE COURT: What's the relevance of how many people were around there?

MS AIMEN: Q When your partner took the camera from Mr.-- From Dr. Zizic, your attention went back to dealing with Mr. Bunker, is that correct?

A I observed, after my partner gave me the the camera to give to the sergeant, yes.

Q Now, you went back to your concentration on your arrest of Mr. Bunker, correct?

A Yes.

Q And, you had to discuss with other officers what the purpose of arresting Mr. Bunker was at this time?

MS. WRONKIEWICZ: Objection.

THE COURT: Overruled.

THE WITNESS: Yes.

MS. AIMEN: Q Your attention was not focused on the sergeant and Officer Cuddy, was it?

A No.

Q At the time that your partner took that camera from Mr. Bunker, you did not see your partner attempt to open the slide door, or the tape container on the camera, did you?

A No.

MS. AIMEN I have no further questions.

THE COURT: Okay

REDIRECT EXAMINATION
BY
MS. WRONKIEWICZ:

Q Officer, the report that you prepared, is that a verbatim report of the incident as it occurred?

A No.

Q What is it?

A A summary of the events that transpired.

Q And, you reviewed your report, correct?

A Yes.

Q Now, you already testified that you did not see the camera tumble, correct?

A Right.

Q What was it that you did put in your report in response to what happened to what happened to the video camera?

A As Mr. Bunker was being placed in handcuffs --

MS. AIMEN: I don't believe he needs to testify by reading the report.

THE COURT: Overruled. He may go ahead

THE WITNESS: "Simultaneously as the officer was placing the cuffs on the Defendant, the Defendant dropped the camera to the ground, and into the street."

MS. WRONKIEWICZ: Q Did you notice what your sergeant did with the video camera?

MS. AIMEN: Objection; foundation. Objection to foundation.

MS. WRONKIEWICZ: You testified that you saw your partner give the camera to your sergeant?

A Correct.

Q What did you see your sergeant do with the camera?

A Give it to Officer Cuddy.

Q What did you see Officer Cuddy do with the camera?

A Put it into the trunk of her marked squad car.

MS. WRONKIEWICZ: Nothing further.

THE COURT: Anything else?

MS. AIMEN: No.

(WITNESS EXCUSED)

THE COURT: Step back for a minuter.

CATHERINE CUDDY,
called as a witness herein on behalf of the People of the State of Illinois, after having been first duly sworn, was examined and testified as follows.



DIRECT EXAMINATION
BY
MS. WRONKIEWICZ

Q In a loud voice, please state and spell your last name for the court reporter?

A Catherine C-u-d-d-y, Star 14002.

Q What unit are you assigned to?

A Beat 1956, 019th District.

Q Did you respond to a call on January 25th, in the year 2000, at approximately 8:00 p.m., at 3011 North Lincoln, City of Chicago, County of Cook?

A Yes, I did.

Q Were you working alone, or with a partner?

A With a partner.

Q Who was your partner that day?

A Richard Mack.

Q Is Richard Mack--

A A Probationary Police Officer, at the time.

Q When you responded to 3011 North Lincoln, can you describe the scene when you arrived?

A Chaotic, quite a few people out on the street from the Church of Scientology, as well as the restaurant. There were several squad cars on the scene.

Q Do you know the two officers' names, Foria and Bonifazi?

A Yes.

Q Did you see them when you arrived on the scene?

A Not immediately, because there were a lot of people. Yes I did.

Q And, did you have a converstation with officers Foria and Bonifazi?

A Yes, I did.

Q And, did you subsequently place them under arrest and take someone into custody?

A Yes, I did.

Q Do you see that individual here in court--

MR. DEVLAMING: We will stipulate to the identity.

THE COURT: Okay.

MS. WRONKIEWICZ: Q In addition to placing the Defendant under arrest, did you receive any property?

A No, the property was placed in my trunk by my sergeant.

Q What is your sergeant's name?

A Allen S. C-l-o-s-s.

Q What type of property are we talking about?

A A video recorder.

Q Did you see where you partner got the video camera from?

A No, I did not.

Q Did you see your sergeant remove a video tape from the video recorder?

A No, I did not.

Q Did you recover a videotape from a video camera?

A No.

Q Did you check that video for a videotape when it was placed into the trunk of your vehicle?

A No, I did not.

Q I am doing to show you what I will mark as People's Exhibit 1
I would ask if you can identify what this is?

A Yes.

Q What is this?

A A Sony VC Camera.

Q Is this an inventory slip?

A Yes, it is an inventory slip.

MS. AIMEN: Objection.

THE COURT: Overruled.

MS. WRONKIEWICZ: Q Did you inventory that video camera that was placed into the trunk of your car?

A Yes.

Q Is this the inventory slip that was completed for that video camera?

A Yes.

Q And, Officer, are you familiar with the procedure for filling out an inventory slip?

A Yes.

Q Is there any place on this inventory slip that indicates that a videotape was inventoried?

A. No.

Q If there is just a videotape inventoried, what would be your procedure?

A We would mark it down on the same inventory slip, if it was separate or from the video camera.

Q Were you working the following day, on January 26th?

A Yes.

Q And, what time did you arrive for work on January 26th?

A 1700 hours.

Q Do you see anyone in the court that you saw when you arrived the following day?

A Yes.

MS. WRONKIEWICZ: May the record reflect that there is a stipulation that she saw the Defendant when she arrived for work the following day.

THE COURT: Okay.

MS. WRONKIEWICZ: Q Where did you see the Defendant at?

A Inside that Belmont and Western police station.

Q After seeing the Defendant, did you have a converstation with him?

A Yes, I did.

Q And, who else was present prior to that converstation?

A It was right at the 019th District, so within earshot of the desk sergeant.

MS. AIMEN: Objection, speculating.

THE COURT: Overruled.

MS. WRONKIEWICZ: Q What did the Defendant say to you, and what did you say to him?

A He asked if he could receive his video camera back out of the property room.

Q Did you respond to that?

A Yes.

Q What did he you say?

A That he had to get the inventory slip back, and have the Watch Commander sign the box, and we would be able to release it back to him with his signature.

Q Did you get that video camera?

A Yes, I did.

Q Was that the video camera that you had inventoried under 2297472?

A Yes, a previous time it was.

Q Were you present when the Defendant received his video camera back?

A Yes.

Q Who opened the video camera up?

A Mr. Bunker, the gentleman who was arrested that night prior.

Q Were you present when he opened the video camera?

A Yes.

Q Did you see a videotape in there when he opened the camera up?

A No.

MS. WRONKIEWICZ: I have nothing further.


CROSS EXAMINATION
BY
MS. AIMEN

Q Officer Cuddy, showing you the camera that's here on the table.
This is the camera that you inventoried?

A Yes, it was.

Q When you inventoried this camera, did you remove the batteries from the camera?

A Negative.

Q Did you inventory the batteries separately from the camera?

A Negative.

Q That's a no?

A No.

Q Did you open -- When you inventoried the camera, the place where the cassette --

A No.

Q So, you never checked to see if there was a videotape?

A I never did check to see if there was a tape in there before inventorying it.

MS. AIMEN: I have no other questions.

MS. WRONKIEWICZ: I have nothing further.

(Witness excused)

MS. WRONKIEWICZ: The State is going to rest, so if you want, you can have the others come out.

THE COURT: Do you have any other witnesses?
Does anyone have any argument?

(WHEREUPON, further proceedings were had, excluded from this excerpted report of proceedings.)