IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY

STATE OF FLORIDA,
Plaintiff,

vs Case No: 99-21857
MMANO-E
ROBERT S. MINTON,
Defendant.

(Whereupon, the jury was brought in and sworn.)

THE COURT: Is counsel for the State ready to
proceed with opening statement?

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MR. TYSON: That's correct, your Honor.

THE COURT: Please do so.

MR. TYSON: Thank you, Judge. Good afternoon,
ladies and gentlemen. You have heard a lot of
preliminary stuff. Now you know what the facts
are.
October 31, Sunday night, Halloween 1999, about
10:30 p.m. the Defendant, Robert Minton took, what
he alleges was a protest sign, and shoved it in the
face of Richard Howd.

Now, before we get into that, let's start at the
beginning of the day. Early in the day Mr. Minton
comes into town. It will no be secret here that Mr.
Minton doesn't like the Scientologist and vice
versa. They don't like each other. No doubt about
that. Mr. Minton shows up at The Fort Harrison Hotel
about 3:00 Sunday afternoon October 31st. He is
holding a sign. will show what he has got. I am sure
that you will be seeing this quite a bit today.

He is walking with a protest sign. A little banter
back and forth, people getting close. Close to each
other on purpose. He is walking holding the sign.
He leaves The Fort Harrison after a period of
time protesting. Then Mr. Howd and some other
Scientologists find out that he is at the Belleview
Biltmore, so they go down. They want to keep an eye
on

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him. You will learn that they believe he is harassing
them.

You will learn that through this trial that Mr. Minton
thinks they are harassing him. There won't be any
secret of this. They go down to the Belleview Biltmore
to check him out. He finds out they are there, and
there is a little confrontation there.

Later in the night, however, and this something I
want you to understand, it is now 10:30 at night, on
a Sunday, and now he is returning back to The Fort
Harrison. Just prior to getting there, you will see
a video, we have four videos. You will see through the
course of this trial that everybody has got a video
camera. You will see shortly before that Mr. Minton,
along with a woman named Stacy Brooks, who is a friend
of his, goes to the residence of an executive of
Scientology's house. They go to her house late at night.

They are filming around her house, you will see them
knocking into the gate. They are talking about
Scientology, saying that is a spontaneous picket.
It will be up to you to decide whether that is a
proper time to be picketing outside of somebody's
residence, at 10:00 at night. They then leave there
to go down to The Fort Harrison at 10:30 p.m. on
Sunday night to picket.

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Again, you can leave that up to your decision making
process whether at that point in time it is a lawful
picket.

You will see as Mr. Minton is walking along side
The Fort Harrison and his friend Stacy Brooks has
a video too, so she will tape what you see in here.
You will see her tape. Richard Howd has got a tape.
There is a building security tape. Philip Dellar,
who is a Scientologist has a tape. You will see all
four of them.

As Mr. Minton is walking, coming down the side of The
Fort Harrison you will hear him yell, "That's right,
scramble and go hide you cockroaches, just like the
ones that ate Lisa McPherson." You will see
somebody, it's a little difficult to see it in these
videos because it is a little blurry, but you will
see a couple people go around the side of the building.

Mr. Minton then comes around The Fort Harrison and
Mr. Howd is there with a video camera. They had
spotted him in the area driving by shortly before,
so he figured he was coming. So Mr. Howd has got the
video camera in his hand. Then Mr. Minton is carrying
the sign, you will see him pull it over like this,
so it goes right towards Mr. Howd's head. Okay, Mr.
Minton is walking down the sidewalk, he is telling
people what he

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thinks about Scientologists. You will hear them say,
"Go home, Bob, and go away." You will not be hearing
a whole lot other than that. The one thing that you
will see is that Mr. Howd is very close to him with the
video. Mr. Howd is close to him with the video at
varying times. You
will see between the four videos it is almost like the
NFL here, where is he out of bounds or not, let's check
the different videos. Well, you will see on the one
video Mr. Minton is walking, Mr. Howd is walking
backwards. He intentionally walks in the path of Mr.
Howd.

Mr. Minton tells Mr. Howd, I hope that you got that on
video, and tells him to get of his way. Mr. Minton is
taunting Mr. Howd at that point in time. You will hear
on the video of Stacy Brooks, who is a friend of Mr.
Minton's, tell the Scientologists when they say, "Go
home, Bob. Go home, Bob." She will say, "Is that the
best you can do? Is that all you can say is, "Go home,
Bob. Go home, Bob." You will hear that.

You will then see on video Mr. Minton go around the
dark side of the building a couple of times. You
need to think about what the purpose of that was.
At one point in time on the video it's only him and
Mr. Howd
on the side of the building. You will see on Mr. Howd's

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video Mr. Minton say, "What if I grab that?"

When you see Philip Dellar's video, when he comes
around the corner, Mr. Howd has a camera strap there.
He's talking about grabbing that strap. Mr. Howd's
hand goes out as a natural reaction, but Mr. Minton
says, "Oh, you are pushing me now." And then pushes
him against the wall.

He is pinned against the wall. Mr. Minton shortly
thereafter says, "I'm
sick of this, and I'm calling the police." Even though
during the course of the time you will see that he is
the aggressive one. Mr. Howd never says a word. It is
Mr. Minton in the taunting of Mr. Howd. There is no
taunting by anyone else there.

Mr. Minton gets on the cell phone and calls a
detective of the Clearwater Police Department. Mr.
Howd has got the video up to his eye, in a non-
threatening manner. It's up to his eye, he is backed
up
four feet. Mr. Minton steps off the curb with his
cell phone and is walking, he turns around, and says,
"Don't follow me across the street." And shoves it in his
face. You will see that Mr. Howd has a cut above his eye
and bruise on his face. He falls down in the street.

Unbeknownst to Mr. Minton there is a Clearwater
police officer sitting on Fort Harrison Avenue

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aimed in the northbound direction and he sees that.
So on the videos you will see a police car come around
the corner pretty quick. He stops Mr. Minton. And when he
stops Mr. Minton you will see Mr. Minton on the video
says, "I told him I'm calling the police." Which is
true, it was about fifteen seconds before that. Then
he says, "I told him, I want you to stay away from me.
And then he walks right into the sign." I want you to
look at the videos carefully. You will be determining
whether he walked into that sign or not. I submit to
you that he did not. The sign was shoved into this face.

Basically, Mr. Minton is telling the police officer
seconds after the incident, when there is no real time
for reflection, basically it was an accident. That was
Mr. Minton's statement, seconds after this happened. I
want you consider that during this trial, also.

Officer Beaudette who was northbound on Fort Harrison
and stopped Mr. Minton gathered up the videos at the
scene, after listening to Mr. Minton's statement that
Mr. Howd had walked into the video [sic],
he gathered three videos at the scene. The fourth one
is a surveillance camera on the building. He watched the
videos. After he watched the videos he arrested Mr.
Minton for battery.

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Now Mr. Minton may believe that he was protesting at night,
10:30 at night. It is up to you decide whether that is
proper. It is not a crime that we are charging him with,
but it is a part of the circumstances that I want you to
consider, 10:30 at night on a Sunday night. How much of
the message is really getting out. I want you to consider
the demeanor of Mr. Minton and the Scientologists. You
will see it all.

I think when this is done you will agree that Mr. Minton
is the one who lost his cool. Mr. Minton was the one who
was provoking people that night. I am going to ask you
to find him guilty of battery. Thank
you.

THE COURT: Counsel for Defendant, opening statement.

MR. DENIS DE VLAMING: Your Honor, if it please the Court.
Members of the jury this is my opportunity to give an
opening statement on behalf of Mr. Minton. In doing so
I too would like to recap the evidence in this case,
and to a certain extent the video says what the video
says, and the video shows what the video shows. However
in order to fully understand the facts in this case we
have to go back in time. You will
learn to a very limited degree a little bit about the
Church of Scientology and one particular aspect of their

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policy. That will be described to you by me in a moment.

As far as the incident is concerned what you are going
to learn is that Mr. Minton came in town, flew into
town and he was greeted by members of the Church of
Scientology at the airport. Mr. Minton had no idea as
to how they could have possibly known that he was on
that flight. They did. As he exited the airplane they
said, "Go home, Bob. What are you doing here? Get out
of here."

Mr. Minton and Ms. Brooks gathered their belongings,
their luggage and they got in the vehicle on their
way to a local hotel. As they drove down the road they
realized that there were people following them. Mr.
Minton is tuned to that. He has been followed before.
He realized that member of the Church of Scientology
in a unit called the Office of Special Affairs.

Mr. Tyson, if I may digress, said that Mr. Minton
doesn't like Scientologists. That's not the truth. You
are not going to hear anything about Mr. Minton not
liking Scientologists. I think the evidence in this
case is going to show that he lives and let live.
If that is what their personal beliefs are, you are going
to hear from the evidence then that is fine. His
quarrel is to get out the word about the Office of
Special Affairs, and about certain natures and the
manner in

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which the church is run. Not the members, but the
manner in which it is run, its doctrine, it dogma.

That is essence one of the reasons why he was holding
this sign, "Lisa's blood on Scientology hands." We are
not going to go into this Lisa McPherson, but I think
very generally, she is the woman who died at the
church, and part of Mr. Minton's reason for protesting
is to establish that the practices of the church caused
her death.

But beyond that, this was an avenue for him to bring
this to light to the citizens of Clearwater. To march
up and down the street in protest so that they will
look into this doctrine and this dogma. So is it to
the members that he has a quarrel. The evidence will
establish not at all. But rather it is to that dogma.

Now, when Mr. Minton came into town, as I indicated,
he realized that someone was behind him. They were
following him. In fact, at one point in time -- at
one point in time a vehicle stopped in front of Mr.
Minton's automobile when it reached the Belleview
Biltmore Hotel and a vehicle stopped behind his vehicle
at the Belleview Biltmore Hotel, so that he was sandwiched
between the two of them. Mr. Minton got out
of the vehicle. As the other people got out of the
vehicle, a woman and a man, they began filming Mr.

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Minton. They filmed as he was on the grounds in the
place in which he was going to stay. One car sandwiching
his car on the grounds of the Belleview Biltmore.

Mr. Minton, after leaving went to the guardhouse at
the Belleview Biltmore Hotel and he told the guard
that he was being followed. He gave them the tag,
which he had photographed. He got the tag number of
the car that was following and said that these people
are not guests at the hotel, do not let them on the
premises.

Now, as Mr. Tyson said, he did go to this woman's
house named Slaughter. She is a high ranking official
of the Church of Scientology. It was Halloween night.
He had heard that Scientology hierarchy were
going to be at a Halloween party that night. He was
wrong. When he showed up there, there was nobody
there. You will see this footage. He talks back and
forth with Stacy. There's no confrontation. There is
no yelling or screaming, or going to the individuals
house to knock on the door. Look at it for what it is worth,
or what have you.

Later that evening Mr. Minton went to The Fort Harrison
Hotel for the purpose of continuing to protest, which is
his first amendment right to do that. He began walking up
and down the street. What you are going to find is that
Richard Howd, and you are going to

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see him on the video, was already there. He didn't know
the time that Mr. Minton was going to be there, or even
if he was going to be there. But you are going to see
Mr. Minton being filmed by Ms. Brooks as he got out of
his vehicle. You are going to see them walking from a
parking lot around the corner to where the church is
located on Fort Harrison. It is The Fort Harrison Hotel.

You are going to see Mr. Howd already there with a camera
in his hand, a video digital camera in his hand. From the
moment that Mr. Minton stepped on that property, as he
walked up and down that public
sidewalk Richard Howd was within inches of Robert Minton's
face. You are going to see his video, that is from what
he was taping. You are going to see it on occasion so
close that you can see the pores in skin, that you can
see the sweat on his cheeks, and you can see
time after time Mr. Howd doing this as he walked up and
down. As Minton moved he was right in his face, as close
as he could get. To document what was happening? No, no.
There was another Scientologist documenting what was
happening down the street a little bit, a comfortable
distance away, just like Ms. Brooks was a comfortable
distance away, filming without getting in his face.
Without getting in his face.

Howd, up and down the street, up and down

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the street, camera in the face, camera in the face. Can you
let me picket, can you get out of the way? No response.
Up and down the street. Until at one point Mr. Minton
went around the corner of The Fort Harrison Hotel. When
he went around the corner is when the police
officer was parked on the road. The officer did not see
what happened around that corner. What happened around
that corner is Mr. Howd assaulted Mr. Minton. Mr. Tyson
said that he put his hand out and touched his -- no, no.
You are going to see it in a minute. I am going to throw
it up on that screen. But you are going to see that there
is a crease here. So this wasn't slapped. You are going to
see the force that Howd used on this sign as he came back
to Minton and knocked him back. What you are going to see
in a moment is a piece of evidence that is going to be
introduced in this trial. It is from the vantage point of
somebody that came around the corner after the assault
took place. This is not what the officer said, but this is
right after the assault took place.

Your Honor, could you flip on the sound?

THE COURT: It is on.

(Whereupon, the video tape was played for the jury.)

MR. DENIS DE VLAMING: Howd on the left,

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Minton on the right. Okay, now, as Mr. Tyson said, it is,
it is almost like an NFL game. We are going to have different
views in different areas. What you are going to see Mr.
Howd's camera view of what happened in that assault that
just preceded this. Remember the Church of Scientology shot
this. He was running to try to get the footage, when he
comes around the corner he saw Mr. Minton say, "You do that
one more time, you hit me now. You do that one more time."
Now you are going to see what happened which caused those
statements to be made.
What you are also going to see on this tape, ladies and
gentlemen, is after Mr. Minton was assaulted he walked down
to the end of the corner and he says, "It's time to call the
police." He had just been assaulted. The members of the
Office of Special Affairs of the Church of Scientology were
there as witnesses, and when he says it you watch what they
do. You will see some women that are going to be described
to you as members of the Office of Special Affairs, and other
people. They turn right around, they go to the entrance of the
Church of Scientology and they go in there and take a right.
Actually, that is on the video. What you are going to see now
is what happened, what happened when Minton and Howd went
around the corner. The assault had taken place. Minton then
saying it is time to call the police.

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And then you are going to see him retreat across the street,
getting away from the church property, and leaving it. You
are also going to see instead of Mr. Howd, a member of the
Office of Special Affairs, saying, "Fine you are leaving."
He didn't do that. He went right after him. He followed
him. He took his step off the roadway, and went after him
as Minton was retreating. This is what happened when he did.

(Whereupon, the video was played for the jury.)

MR. DENIS DE VLAMING: You are going to have an opportunity
to see these whole tapes in total. What is important for
take into context however is Robert Minton's state of
mind. And what you have to do, the evidence is going to
show, and what the Judge is going to instruct you at the
conclusion of this case, if somebody acts in self-defense,
what is their state of mind. What were they thinking? What
went through their mind earlier in the day? What went on
in their lives? And most
importantly, what did he believe that the Office of
Special Affairs was capable of doing to him? In order to
do that, and for only this purpose, because is not in the
video that I am going to show you right now, and this is
specifically to establish the state of mind of Mr.
Minton, to show you an incident that happened in Boston,

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Mass --
MR. TYSON: Judge, I want to object at this point in time.
May we approach?

THE COURT: Please do.

(Whereupon, a bench conference was held out of the hearing of the
jury.)

MR. TYSON: There is going to be some arguments about the relevancy
later on of that thing. Have you already ruled that it is definitely
coming in?

THE COURT: I have ruled that it is relevant, but it is subject to
predicate which from what I have heard is likely to be laid. So if
that is your objection I am going to overrule it, because based on
what I have heard, I have heard enough evidence to believe that they
can establish that foundation.

MR. TYSON: Okay.

MR. DENIS DE VLAMING: What Mr. Tyson said is true, Mr.
Minton has been a thorn in the side of the administration
of this organization for quite some time. The Office of
Special Affairs and the manner in which
they conduct their business had made him a target. What
you are going to see now has given him the state of mind
of what Howd was capable of doing and what he was about to
do. That's the purpose of this short tape. It was
approximately thirteen months before this incident in

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question this was shot. This was shot in Boston,
Massachusetts. It was shot in front of the Church of
Scientology unit up there. You will see the man, for lack
of better term that is in Mr. Minton's face, is a
member of the Office of Special Affairs. At the end of the
tape you will hear, "Minton, you are just a fucking mental
patient." That is a minister of the Church of Scientology.

(Whereupon, the video was played for the jury.)

MR. TYSON: I have a continuing objection to the narration.

THE COURT: Objection is overruled, as previously stated.

(Whereupon, the video was continued.)

MR. DENIS DE VLAMING: Mr. Minton had his camera knocked
from him so that he could no longer film. He was
assaulted and he was later accused by that man you saw
in his face of assaulting him. If you heard a piece
of wood fall in that case, it was a balsa wood, and it
was with that piece of balsa wood that member of the
Office of Special Affairs said that he had committed a
battery against him.

When the police were called so was an ambulance, for a
piece of balsa wood being thrown in the

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direction of that member. The significance is in this
case with what you saw the ambulance was called. He is
laying on the ground for an inordinate period of time
while they call the ambulance. Why did they do that? Why
is it done that way? That is what we are going to tell
you. That is what is going to be a part of this trial.

Because you see, one of the witnesses in this case is
someone who used to be a member of the Church of
Scientology the Office of Special Affairs. He is a young
man who was there for approximately seven to
eight years. He was a member of the Office of Special
Affairs, but he left the Church of Scientology.

What he is going to do is he is going to tell you about a
policy that this organization has, an that it is carried
out by the Office of Special Affairs. The policy was once
called "Fair Game" by its founder L. Ron Hubbard. What
this witness is going to tell you briefly is this is the
goal of "Fair Game". A suppressive person, that is somebody
like Bob Minton to the Church of Scientology, a suppressive
person is someone who doesn't go along with the doctrine,
someone that criticizes the church. That's a suppressive
person.

A suppressive person order is "Fair Game".
"He or she may be deprived of property, or injured by any

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means, by any Scientologists, without any discipline of the
Scientologists. He may be tricked, sued to, lied to, or
destroyed." In 1967 L. Ron Hubbard made that edict. A year
later this is what he did in another policy letter. "The
practice of declaring people 'Fair Game' will cease. 'Fair
Game' will not appear on any ethics order. It causes bad public
relations." Naturally. This policy letter does not cancel any
policy on the treatment or handling of a suppressive person.
What Hubbard did was, he said, "Let's not call it 'Fair
Game'." But the policy remained. Get them arrested, silence
the critic, file an injunction against them, which they did
in this case, you will hear about that. Prosecute them if you
can, and that will make them a
criminal, and will neutralize them as a critic. And we don't
have to watch them walk up and down the street anymore. Because
they were a 'Fair Game' target and we neutralized them.

We are not going to make a feature of this trial anything
about Scientology, with the exception of this policy of the
Office of Special Affairs. What the members of that church do
is no concern to Mr. Minton, or anyone else in this courtroom.
But it is the manner in which they silence critics.

You might say what does that have to do

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with this? It is two-fold as the defense in this case. You
probably realized that from the voir dire questions. The
evidence is going to show number one, that Mr. Minton based
upon his knowledge of their tactics, based upon Boston, based
upon the way he was treated, based upon getting in your face,
that is exactly what was going to
happen to him as he retreated and walked across the street
Howd came after him, followed him, left the church property
to go after him. "Don't you follow me" as the thing went out.
He had a right to defend himself. He had an absolute right to
stop him from getting in his
face or in his face any further.

The second defense in this case may sound strange to you. That
is his actual conduct by Mr. Howd, according to the individual
who will testify about the Office of Special Affairs, was
invited conduct. He
wanted it to occur. I believe that we are going to be able to
prove that. He wanted it to occur for the benefit of the cause
to neutralize this man, and stop him as a critic of the Church
of Scientology. Like the man on the NBA court, he will take the
foul to stop the shot. And that is exactly what Howd did here.

I believe the evidence is going to show that. He is going to
show that he didn't want to get hit, but when this trial is
over you are going to find

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out he was rewarded for taking that hit. I believe that
without question at the conclusion of this case, once you
listen to the facts, and yes the tapes show what they show,
and they say what they say, but when you put everything
together about the practices of this particular aspect of
the Church of Scientology you will agree that Mr. Minton
acted the way he should have acted under the law. He acted
in self-defense and this man got exactly what he wanted.
Thank you.

THE COURT: Counsel, approach the bench just briefly.

(Whereupon, a bench conference was held out of the hearing
of the jury.)

THE COURT: Just a matter of procedure, are we invoking the
rule on witnesses?

MR. TYSON: Yes.

THE COURT: I want to make sure both of you are aware. Rule
is invoked and you all instruct your own witnesses. Just
give everybody a second and then we will get going.

(Whereupon, the witnesses were excluded from the courtroom.)

(Whereupon, the witness was sworn.)

THE COURT: Please proceed.

MR. TYSON: Thank you, Judge.

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Whereupon,

RICHARD HOWD,

a witness, was called for examination by counsel for the
State, and having been previously duly sworn, was examined
and testified as follows:

DIRECT EXAMINATION

BY MR. TYSON:

Q Please introduce yourself to the jury?

A My name is Richard Howd.

Q And are you connected with the Church of Scientology?

A Yes, sir.

Q I'm sorry?

A I work in the Office of Special Affairs, in the legal
department where I conduct research and liaise with the
security for the church.

Q You say that you liaise with security, please explain
what that means?

A What that means is that I am contact with security
concerning anybody that could pose a threat to the
parishioners, staff, or actual physical locations to any
of the church properties, anybody that would come
from outside the church inside the church to do anybody
harm.

Q Okay. How long have you been with the Church

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of Scientology?

A I have been a Scientologist for over ten years. I've
been employed here in Clearwater for approximately three
years.

Q In Clearwater for three years?

A Yes.

Q Do you know who Bob Minton is?

A Yes, sir, I do.

Q Do you see Mr. Minton in court here today?

A Yes, sir.

Q Would you please identify what he is wearing and point
to him?

A Mr. Minton is sitting right over there, wearing the
dark blue suit.

Q Red and blue tie?

A Red and blue tie.

MR. TYSON: Judge, let the record reflect that he has
identified the Defendant.

MR. DENIS DE VLAMING: No objection.

THE COURT: The record will so reflect the ID.

BY MR. TYSON:
Q I direct your attention to October 31, 1999. Were you
at The Fort Harrison Hotel that day?

A Yes, I was.

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Q In the afternoon did you see Mr. Minton at The Fort
Harrison Hotel?

A Yes, I did.

Q Tell the jury what he was doing?

A Mr. Minton was walking back and forth in front The
Fort Harrison with a picket sign screaming obscenities
about my religion. He was screaming
obscenities at the parishioners that were coming in and
out of the building, and pretty much trying to provoke
an incident at the church.

Q Were you filming him?

A Yes, I was.

Q Were other members of the church filming him?

A Yes, there was a couple of other people there filming
him as well.

Q How long was he there for?

A He was there approximately an hour.

Q Did he then leave the area?

A Yes, he did.

Q Did you follow him from the area?

A No, I didn't follow him from the area.

Q Did there come a time when you encountered him at
the Belleview Biltmore?

A Yes, I did.

Q Please explain to the jury why you were there,

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and what the encounter was?

A We received a message at my office that somebody
called in to say that Mr. Minton had reservations at
the Belleview Biltmore and after Mr. Minton left the
front of The Fort Harrison I went to -- near the Biltmore
to see if, in fact, that was correct. To see if I could
see him driving up into the Biltmore property.

Q Why did you want to do that?

A I wanted to know where he was. Mr. Minton has
repeatedly harassed Scientologists whenever he is in
Clearwater. He has shown up at unexpected times, since
I have been here, to harass Scientologists and do what
he did earlier in the afternoon. I wanted to know where
he
was staying for the safety and security of staff and
parishioners.

Q Now, you were videotaping during the day and taping at
night?

A Yes, sir.

Q Tell the jury why you were videotaping?

A I was videotaping him for a couple of reasons. Number
one was, to make sure that we had a complete running
record of everything that Mr. Minton said and did. Many
times he will threaten Scientologists that are around him
while he is out there with his sign. And also

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so that he knew that he was being video taped so that he
wouldn't physically assault somebody.

Q On the evening of October 31, 1999, did you encounter
Robert Minton again?

A Yes, I did.

Q When he first showed up, where were you located?

A I was located -- when he first showed up I was in The
Fort Harrison and I was talking with some people in security
who said that a security guard at the front door just saw
Mr. Minton drive by. I went out to the
front and sure enough he comes around the corner and around
Pierce with his picket sign.

Q You had knowledge that he was on his way?

A No.

Q No?

A No.
Q Right then, that's when you knew?

A Oh, that's when I knew.

Q You have seen the tapes in this case, is that why you are
outside waiting for him?

A That's correct. I mean security at this time, they knew
he was in the area, so they were looking for him.

Q Who was with him when he showed up at night?

-215-
A Ms. Stacy Brooks.

Q And you know who she is?

A Yes, I do.

Q Was Minton carrying anything when he showed up?

A Yes, he was carrying a sign that said, "Scientology
Spiritual Death." It had human skulls on the front of
it.

MR. TYSON: Judge, if I can approach the clerk?

THE COURT: You may.

MR. TYSON: Judge, may I approach the witness?

THE COURT: Yes.

BY MR. TYSON:
Q I am going to show what is marked State's Exhibit
for identification, number 1. Tell me what that is?

A That is the sign that Mr. Minton had that evening.

(The sign hereinafter referred to was marked State's
Exhibit No. 1 for
identification.)

BY MR. TYSON:
Q Is it in substantially the same condition that

-216-
it was that night?

A Yes, it is.

MR. TYSON: Judge, I would tender this as State's
Exhibit Number 1.

THE COURT: Any objection?

MR. DENIS DE VLAMING: None.

THE COURT: It will be admitted and so marked.

(The sign heretofore marked as State's Exhibit No. 1
for identification was received into evidence.)

BY MR. TYSON:
Q Did Stacy Brooks have anything in her hand?

A Yes, she had a video camera.

Q Did Mr. Minton start protesting on the sidewalk before
he said anything about the Church of Scientology?

A Yes, as soon as he started walking up to the building
he immediately started harassing the Scientologists that
were out in front of the building, screaming such things
as, "You killed Lisa McPherson. You are all responsible
for Lisa McPherson's death. The Church of Scientology
murdered Lisa McPherson." And things like that, on and
on.

Q Okay. People were videotaping that night. Who

-217-
was videotaping?
A It was myself and Philip Dellar, and Stacy Brooks was
also videotaping.

Q Was there also a surveillance camera on the building?

A Yes, there was.

Q Would you describe Mr. Minton's demeanor when he showed
up that night?

A He was very aggressive, very threatening. He was getting
in people's faces trying to provoke something.

Q Did there come a time when an incident occurred around
the side of The Fort Harrison Hotel?

A Yes, sir.

Q Would you please look at the jury and explain what
that was?

A I was following Mr. Minton and he turned around the side
The Fort Harrison Hotel and turned back to me and grabbed
the strap to video camera and said, "How would like it if
I pulled this out of your hands?" At that time I grabbed
the video camera with my other hand. I was holding it with
my right hand to my right eye. I just grabbed it with my other
and to hold on. Eventually he let go. When he let go he just
turned around with his picket sign and pushed me up against
the building. At

-218-
that time I pushed back on the picket sign to get him away
from me. He became very upset, very belligerent at that
time and started screaming that I assaulted him. That's
when he just rammed the picket sign and me into the
building.

Q Up to this time had you said a word to him?

A No, sir, I did not say a word to him.

Q Did you ever say a word to him at all that evening?

A No, I didn't.

Q What happened after the pushing against the wall, did
he then walk around to the front?

A Yes, well, he walked around the corner of Pierce and
Fort Harrison.

Q Let me back up a second. Around the side of The Fort
Harrison, is that well lit there?

A No, not particularly.

Q Is that well trafficked there?

A No.

Q Is it fair to say that it is dark?

A Yes.

Q After he left around the side of the building, did
he then return to the front?

A Yes.
Q What happened at that time?

-219-
A At that point he said, "I have had it, I am going
to call the police." He pulled out his cell phone and
started dialing a number.

Q And then what happened?

A He started to walk across Pierce and I proceeded to
follow him. I would say I was about five feet behind
him when he spun around and said, "Don't you follow me."
And he smashed the picket sign into the side of my face,
and the bulldog clip on the edge of the picket sign
caught me right over the eye.

Q When he hit you, where did you have the video camera?

A I had the video camera up to my right eye.

Q Had you threatened him at all prior to that?

A No, sir, I didn't.

Q Said anything at all prior to that?

A Not at all.

Q Did you make an threatening gestures to him prior
to that?

A No, I was just there to videotape and ensure that
I got a complete running record of everything he said
and did.

Q Did you receive any injuries?

A Yes, I did.

MR. TYSON: Judge, may I approach the

-220-
clerk?

THE COURT: You may.

BY MR. TYSON:
Q I am going to show you what is marked State's Exhibit
for identification number 2. Can you tell me what that
is?

A Yes, that is picture of me in the hospital.

(The photograph hereinafter referred to was marked as
State's Exhibit No. 2 for identification.)

BY MR. TYSON:
Q Does it fairly and accurately depict the way your face
looked that day?

A Yes, sir, it does. There is a cut above the eye and
an abrasion below the eye.

MR. TYSON: Judge, at this time I would like to enter
State's Exhibit Number 2 into evidence.

MR. DENIS DE VLAMING: No objection.

MR. TYSON: And publish it to the jury.

THE COURT: It will admitted and so marked, and you
may publish it.

MR. TYSON: Thank you, Judge. Pass that around.

(The photograph heretofore

-221-
marked as State's Exhibit No. 2 for identification
was received into evidence.)

BY MR. TYSON:
Q Mr. Howd, when he hit you in the face was that
against your consent?

A Absolutely.

Q Did you want him to hit you in the face?

A No, I didn't.

Q Did there come a time subsequent to this event that
you gave a written statement in which you said that it
was your right eye hit?

A Yes.

Q Explain that?

A That during the restraining order hearing where --
the initial injunction -- it was mistakenly said that
I was hit in the right eye.

Q And what is on the video you were hit in the left
eye?

A Yes.

Q In the photo you were hit in the left eye?

A Yes.

MR. TYSON: Judge, if I may approach the clerk?

-222-
THE COURT: You may.

BY MR. TYSON:
Q Mr. Minton, I am going to show you what --

MR. DENIS DE VLAMING: Howd.

BY MR. TYSON:
Q I'm sorry. Mr. Howd, I am going to show you what is
marked as States's Exhibit for identification, number
3, and it is marked Richard Howd video. Have you had an
opportunity to view that prior to court today?

A Yes, sir, I did.

(The video hereinafter referred to marked as State's
Exhibit No. 3 for
identification.)

BY MR. TYSON:
Q Tell the jury who took that and what's on it?

A That's the video that I took of Mr. Minton protesting
that evening.

Q Does it fairly and accurately depict the events
that night?

A Yes, it does.

Q I show you what is State's Exhibit for
identification number 4, and it is marked Stacy
Brook's video. Have you had an opportunity view
that today?

A Yes, I did.

-223-
(The video hereinafter referred to marked as State's
Exhibit No. 4 for
identification.)

BY MR. TYSON:
Q Does it fairly and accurately depict what was taking
place at The Fort Harrison?

A Yes, it does.

Q Also on this tape does it show Benetta Slaughter's
house?

A Yes, it does.

Q Are you familiar with her residence?

A Yes,I am.

Q Is that, in fact, her residence on the tape?

A Yes.

Q Were they wearing the same clothes at her house as they
were when they were out in front of The Fort Harrison on
October 31st?

A Yes, sir.

Q Same sign?

A Yes, same sign.

Q I am going to show you what is marked State's Exhibit
for identification, number 5, that's marked Building
Video, Building Surveillance Video. Have you had an
opportunity to see this?

224

A Yes, I did.

(The video hereinafter referred to marked as State's
Exhibit No. 5 for
identification.)

BY MR. TYSON:

Q Have you had an opportunity to view this?
A Yes.

Q What does it show?

A It shows me being struck.

Q Does it fairly and accurately depict you being
struck?

A Yes, it does.

Q I will show what is marked as State's Exhibit for
identification, number 6. It is marked Dellar Video
for Philip Dellar. Have you had an opportunity to view
this video?

A Yes, I did.

(The video hereinafter referred to marked as State's
Exhibit No. 6 for
identification.)

BY MR. TYSON:

Q Does it fairly and accurately depict what happened
that night?

225

A Yes, it does.

MR. TYSON: Judge, at this time I would like to
move 3,4,5, and 6 into evidence and publish the
entire tapes to the jury.

THE COURT: Any objection?

MR. DENIS DE VLAMING: No, Judge. I am assuming
those are the copies or copies from those are the
ones that I was provided.

MR. TYSON: Yes.

MR. DENIS DE VLAMING: No objection.

THE COURT: They are admitted and you may play
them.

(The videos heretofore marked as State's Exhibits
3,4,5, and 6 for identification were received into
evidence.)

MR. DENIS DE VLAMING: Mr. Tyson, before you hit
play. I have no problem, Judge, with the court
reporter not taking down the sound since it is
evidence.

THE COURT: Thank you. I appreciate that.

MR. TYSON: Not a problem, Judge.

THE COURT: Everybody agrees, Madam Court Reporter,
you can watch them with the rest of us.

226

(Whereupon, the videos were played for the jury.)

BY MR. TYSON:

Q The guy in the white shirt who is standing beside
the officer who is wearing a black shirt, is that
a paramedic?

A Yes, it was.

Q Was he telling you anything?

A He was asking me how I was doing, you know, what
happened. If I was hurt anywhere.

Q Mr. Howd, is The Fort Harrison in Clearwater,
Pinellas County?

A Yes, sir.

Q When Mr. Minton goes around the side of the
building he says something to the effect, "How about
if I grab that." Was that the camera strap?
A Yes.

Q Was there anybody on the dark side of the building?
Any traffic, or anybody to get his message out?

A No.

MR. TYSON: Judge, I have no further questions.

THE COURT: Cross examination?

CROSS EXAMINATION

227

BY MR. DENIS DE VLAMING:

Q Good afternoon, Mr. Howd.

A Good afternoon, sir.

Q What is the Office of Special Affairs?

A The Office of Special Affairs deals with all
public relations, legal matters, and community
service activities related with the church.

Q Also security of the church?

A Yes, well, we liaise with security in the legal
area.

Q What department of the church handles the
investigation of critics?

A Well, the legal department would handle any
type of litigation.

Q I didn't say litigation. Who does the investigation
-- well, maybe I shouldn't take anything for granted.
Are you aware that there is ever any investigations
done of critics of the Church of Scientology?

A Well, if you mean if there is investigation of
people who attack the church, yes.

Q Would they include critics, like Mr. Minton?

A Yes.

Q Is there a file on him?

A Is there a file on him?

228

Q Yes, sir.

A I don't know.

Q Didn't you deliver a file to Mr. Tyson last Friday
that is marked Robert Minton?

A Yes, there is the file that I have on Mr. Minton
that would contain all of his Internet postings,
postings that he has done of threats that he has made
to the church.

Q And investigation of him?

MR. TYSON: Judge, he is not finishing his answer.

THE COURT: If you would just let him finish.

THE WITNESS: I do keep a file on Mr. Minton because he
has come to my church repeatedly making threats, doing
things of this nature, and he does a lot
of posts on the Internet. So I do have a lot of his
Internet postings where he has bragged about calling the
Ecclesiastical leader of the church, calling his mother,
leaving threatening messages on her answering machine.
Posting her number and phone number to the Internet.
Inviting other people to do the same thing. So I do have
like a folder of his Internet postings, yes, that is
correct.

BY MR. DENIS DE VLAMING:

229

Q Have you categorized it and gave it to Mr. Tyson on
Friday?

A That's correct.

Q You gave him a file on Stacy Brooks?

A That is correct.

Q You gave him a file on Jesse Prince?

A Uh 230

Q Did he ask for that, did the prosecution ask
for that?

A No, he didn't.

Q You brought it up yourself?

A Yes, I did.

Q Is that part of the Office of Special Affairs
then, to conduct these investigations into critics?

A These files were obtained from the legal department,
where we do keep files on individuals that we have --
or could potentially have litigation with.

Q Do you ever do that investigation?

A I do legal research.

Q Legal research, let's see now, legal research, does
that mean like looking into a person's past, looking
into public records and documents, things like that?

A It means doing court checks, looking into court records,
depending on what it could be. It could be like looking
into -- researching different medical information,
depending on --

Q Medical information of Mr. Minton?

A No, no. Any type of medical information that might be
needed for a case, not personal medical information.

Q Who does the personal investigation and interviews of
critics like Mr. Minton? What part of the

231

church does that?

A I don't know. I do know, like, attorneys we hire will
hire PI's from time to time to interview or investigate
people that we have litigation with.

Q Do you know who hired a witness (sic) to talk to Mr.
Oliver's ex-wife, and other related individuals within
forty-eight hours of him being listed as a
witness?

A I have no idea.

Q Do you talk -- do people from the church talk to
people's neighbors, their ex-spouses, the ex- employers,
and current employers when someone becomes a
critic of the church?

A I have no idea. Again, I liaise with security. I will
like keep on what Mr. Minton is posting on the Internet
because a lot of it is very inflammatory. Prior to this
whole incident I was monitoring Mr. Minton quite closely
on the Internet because there was a rising escalation of
hostility his posts. That's what I do.

Q Who knew that Mr. Minton was coming into town on October
31st? How did you know that he was landing in Clearwater?

A I didn't.

Q Who told you?

A I found out when he showed up in front The Fort

232

Harrison.

Q. Well, who met him at the airport? Somebody met him at
the airport and said, "Go home, Bob." Who was that?

A. I have no idea.

MR. TYSON: Judge, he said that he didn't know.

THE COURT: Sustained.

MR. DENIS DE VLAMING: I'll rephrase it.

BY MR. DENIS DE VLAMING:

Q. Do you know whether or not any member of the Church of
Scientology met Mr. Minton at the airport?

A No, I didn't.

Q When did you find out and from what source that he was
in town?

A I don't remember exactly who told me, but it was
when he showed up that afternoon in front The Fort
Harrison and starting picketing.

Q So the first time that you saw Bob Minton on October
31, 1999 was when he was in front of The Fort Harrison,
is that what you are telling us?

A That afternoon, that's correct, sir.

Q You didn't follow him?

A No, I didn't.

Q Did anybody tell you to go to the Belleview

Q Yes?

A Yes.

Q Any other files?

A I believe there was a file on Frank Oliver, too.

Q Those are all the witnesses that have been listed by
the defense to testify in this case, is that accurate?

A That's correct.

Q And the purpose of giving them all of that
investigative work that this church did was so that
he could cross examine on what the church had found
out and kept in these files, correct?

A Well-

Q To benefit him in cross examining these people,
right?

A That's right, and also to give him a background on
these people.

233

Biltmore where he was staying?

A No.

Q How did you know that he was staying there?

A Somebody -- I received a message, somebody called in
and said that Mr. Minton has a reservation at the
Belleview Biltmore.

Q You are not suggesting that the Belleview Biltmore
calls the Church of Scientology and says that Minton is
in town, do you?

A I have no idea. That was just a message that I
received from our receptionist.

Q Did anybody ask you then to go out to the Belleview
Biltmore to confront Mr. Minton?

A No, they didn't.

Q Did you do it by yourself?

A Yes, sir.

Q Did you have your camera?

A Yeah, I had my camera with me.

Q How long had you lived in this town before that
time?

A Before that time, about two and a half years.

Q Do you own a car?
A No.

Q In fact, you had a rental car that day, right?

A That's correct.

234

Q And that rental car wouldn't even have come back to
you if somebody ran the tag, would it?

A No, that rental car, I borrowed it from our
security consultant.

Q And you had a woman with you at the time?

A Yes, there was a woman that showed up there.

Q Did she have another car?

A Yes, she did.

Q Was there a time that you had your vehicle on one side
of Mr. Minton's car, front or back, and the woman had her
car at Belleview Biltmore property in front
or behind that behind that vehicle?

A I don't -- when she showed up, she was -- we were on a
public road even before we entered the Belleview Biltmore
property. She was parked along-side there with me. I
believe that she just showed up there. I don't think that
she went into the Biltmore property.

Q The woman didn't?

A I don't think so.

Q Let me show you what has been marked as Defendant's
1, A, B and C?

MR. TYSON: Objection, Judge can we approach?

THE COURT: Please.

MR. TYSON: Are you entering those in?

235

MR. DENIS DE VLAMING: I'm going to, but I can wait.
I think he is withdrawing his objection.

THE COURT: Are you withdrawing your objection?

MR. TYSON: Yes, Judge.

THE COURT: Thank you, Mr. Tyson.

MR. DENIS DE VLAMING: May I continue?

THE COURT: Let her get ready. Please proceed.

BY MR. DENIS DE VLAMING:

Q Is this the vehicle, the rental vehicle that you just
talked about?

A I believe so, yes.

(The photographs hereinafter referred to were marked as
Defendant's Exhibits Nos. 1A, B, and C for identification.)

BY MR. DENIS DE VLAMING:

Q Is this the other woman at the Belleview Biltmore Hotel
that drove the other vehicle there?

A That's correct.

Q What is her name?

A I'm sorry, I blanked out there for a second.

Q Is she a member of the Church of Scientology?

A Yes, she is, she is a hairstylist. Cheryl

236

Fester.

Q Are you sure of that?
A Yes.

Q Did you ever follow Mr. Minton that day?

A No, I didn't.

Q Isn't that part of your duties to do that?
A No.

Q Did you ever follow him?

A No, I didn't.

Q Did you ever follow him?
A No.

Q Did you ever follow any critic of the Church of
Scientology?
A No.

Q You never did?
A No.

Q Did you go onto the property of the Belleview Biltmore
Hotel?

A No, I didn't.

Q Did you go near the property of the Belleview Biltmore
Hotel?

A No, not that day. I mean I have been --
Q That day?

A No, not at all.

Q Can't you see the Belleview Biltmore Hotel in

237

those photographs?

A You can see the front entrance to it.

Q And the purpose of you going there --

A I'm sorry, not from these photographs you can't, but on the
side road, that's a side road, and then the entrance goes over
this little bridge where the
guard, where they have the guard shack and the gate. You
could see it from the corner of the road, but not from these
photos.

Q The purpose, Mr. Howd, of you going there that day, on October
31, 1999, wasn't because you were a resident or a renter, but it
was specifically to go and find Mr. Minton, correct?

A That's correct. I wanted to ensure -- I wanted to find out if
Mr. Minton was staying there or not.

Q And you found it out?

A Yes, sir.

Q And you filmed him?

A Yes, I did.

Q There is video footage of you filming him that day at the
Belleview Biltmore where he had gone to stay, correct?

A That's correct.

Q And after you filmed you turned that film into the State
Attorney's Office, didn't you?

238

A Yeah, I believe that was -- I believe that I did. I'm not
sure if that was part of other film that occurred earlier
that day, if that was like the same film of when Mr. Minton
was screaming obscenities earlier in the day at The Fort
Harrison. I think it might have been all on the same tape.

Q When you went to the Belleview Biltmore did you just happen
to meet up with this woman?

A Yes, she was at The Fort Harrison when Mr. Minton was outside
screaming, and after he left I told her that I was going to go
to the Belleview Biltmore to
see if this, in fact, true that Mr. Minton was staying there.

Q And she went as well?

A Yes, she showed up there after I did, probably about ten
minutes I arrive there.

Q And you were there together for awhile. Was there a time when
the three cars were lined up with Mr. Minton sandwiched in the
middle? We can look at the tape
if you need to?

A Yeah, that would -- because what I remember is I was on the
corner. There was a side street and I was on the corner to where
the front entrance goes to the
Biltmore. I had my camera with me. I saw Mr. Minton come up,
and when he saw me he swung his car around,

239

almost hit me, and then he backed up the street to where I was
parked. I'm not sure if he pulled around Cheryl Fester's car and
parked in front of mine, or if he parked in front of Ms. Fester's
car. Somewhere along the line is when he parked there, came out
with his video camera and started videotaping the vehicles of
Cheryl Fester and myself.

Q And you got out with your camera?

A Well, at that time I had my camera with me. I mean I just
wanted to confirm to see if Mr. Minton was, in fact, staying
there because it is so close to the
church.

Q Did you need a camera to confirm whether or not somebody
is staying at a hotel?

A No, not at all.

Q So you got out and started filming him, right?

A No, I didn't. I didn't start filming him at first. I didn't
start filming him until he swung around with his car and
backed up the street where I was parked,
got out of his car and started playing around with his video
camera. I figured it would good to have video documentation
of whatever he was doing.

Q So instead of leaving, you stayed, got out with cars in the
position that you just indicated and started videotaping him,
right?

240

A That's right.

Q Did you say anything to him?

A No, I didn't.

Q So you were quietly doing that? Did you feel at all that
you showing up where he was staying is in any form of
harassment?

A No, not at all.

Q Not at all. What if he was a woman, Mr. Howd,
do you think it --

MR. TYSON: Objection, Judge.

THE COURT: Basis?

MR. TYSON: Speculation, Judge, plus it is not relevant to
this case.

THE COURT: Sustained.

BY MR. DENIS DE VLAMING:

Q After you left the Belleview Biltmore did you go back to
The Fort Harrison? /
A I think I might have went back to my office, which is in
the Clearwater Bank building.

Q Did you make a report of the incident, did you call
anybody?

A No.

Q You never called a superior?

A Well, no, my boss was there.

Q Where?

241

A At the office.

Q Okay, when you went back did you give him a report
about Minton?

A I told him what happened in front The Fort Harrison. I
told him what happened over at the Belleview Biltmore.

Q You said that you went to the Belleview Biltmore to see
if he was there?

A Yes.

Q You told him that you filmed him?

A Yeah, that's correct. I told him that this man almost
hit me with his car when he spun in, and then backed up
down the street, and then he started filming,
and I proceeded to film.

Q Do got that on film?

A No, I don't, because I wasn't filming at that time.
I didn't start filming until after that time.

Q What kind of camera do you, that is video-type camera?

A There were two cameras that day. In the afternoon I
was using a Panasonic.

Q Is it is a digital camera?

A The Panasonic isn't a digital, no.

Q You mean of the incident in question, that is not a
digital?

242

A No, the incident in question where Mr. Minton struck me,
that is a digital camera.

Q That's a digital camera. So you have multi- cameras?

A I have two cameras.

Q You have two cameras. And on the incident you were filming
that night you were using a digital camera, correct?

A Yes, sir, that is correct.

Q Just the jury understand, the digital camera, is that
the one where you can plug it into a computer and show it
on a computer screen?

A Yeah, you can do that.

Q Do you do that? How do you show it?

A You could plug it into a VCR, or you can plug it into a
computer.

Q Do you have the ability to plug it into a computer?

A Yes, I do.

Q Do you also have the ability to edit the tape once it is
plugged into the computer?

A No.

Q You cannot edit?

A Not the tape directly, no.

Q Do you have the equipment at the Church of

243

Scientology allowing you to edit digital video equipment?

A Not that I know of.

MR. TYSON: Objection, relevance.

THE COURT: Objection sustained.

BY MR. DENIS DE VLAMING:

Q Now did you know that Mr. Minton was going to return at
approximately 10:30 at night to the Church of Scientology?

A I had no idea what Mr. Minton was going to do.

Q And yet what we see on these tapes that you watched with the
jury, that when Mr. Minton came around the corner after getting
there for the first time that
night, that night, you were already outside holding the digital
video camera?

A That's correct.

Q So you were waiting for him?

A No, I was talking to other people security. had the camera with
me, because as in the past, I never know when Mr. Minton is
going to show up or not. So I
had the camera with me to ensure -- while I was talking to
security, there was as security guard out in front of The Fort
Harrison, he radioed in saying that he thinks he saw Bob Minton
and Ms. Brooks drive by.

Q So then you were ready then with your camera in the event that
they came over?

244

A Right, and that's when I went outside to the front and was
looking around for him when he came around the corner.

Q Is there a stationary camera overlooking the sidewalk at the
location in question?

A I think so.

Q One of the videos that we saw a still camera?

A Yes.

Q Do you know if there is a still surveillance camera overlooking
Mr. Minton's building, put up by the Church of Scientology?

A I don't know.

Q As part of security at Office of Special Affairs you are
saying that you don't know?

MR. TYSON: Asked and answered, Judge.

THE COURT: Overruled.

BY MR. DENIS DE VLAMING:

Q That is what you are telling me?

A I don't know.

Q Say it again?

A I don't know.

Q When did you become a member of the Church of Scientology?

A In 1989.

Q When did you become a member of the Office of

245
Special Affairs?

A I became a member of the Office of Special Affairs in 1993.

Q 1993?

A Uh-huh.

Q Yes?

A Yes, sir.

Q As part of your study with the Church of Scientology do you
read and have read the teachings of and procedures of man by
the name of L. Ron Hubbard?

A Yes, I have read some of it.

Q And has some of it included at one time in the '60's a
policy entitled "Fair Game"?

A No.

Q You have never never read about "Fair Game"?

A That's correct.

Q Never heard the term?

A Well, actually I have heard the term. I have heard the
term, okay I have heard the term where attackers of the
church have used it in the past. I've also during the injunction
hearing where we got the injunction to enjoin Mr. Minton from
the property it came up, and I did some research into it. I
found that any
policy that mentioned this term "Fair Game" was canceled back
in 1967.

246

Q Was it your understanding that the policy was canceled,
or the term was canceled?

A The policies that mention this term were canceled.

Q Okay. Isn't it true, Mr. Howd, that what the directive
said --

MR. TYSON: Objection, he has already testified that he
heard about it at the injunction hearing. He is trying to
impeach him with something he didn't know anything about.

MR. DENIS DE VLAMING: Judge, he has already testified that
he has some knowledge about it, and I think I have an
opportunity to impeach him.

MR. TYSON: Judge, that is off the Internet and when Mr.
de Vlaming was questioning he said it was after the
injunction hearing, and he is trying to
impeach him with a document that is thirty years old.

THE COURT: Objection is overruled.

BY MR. DENIS DE VLAMING:

Q What is an "SP"?

A Suppressive person.

Q A suppressive person?

A That is correct.

Q Would Mr. Minton according to the Church of Scientology
meet the definition of a suppressive person?

247

A He could. I mean I've never analyzed any anti social
characteristics of Mr. Minton.

Q Are you aware of -- do you know what "PL" is?

A I believe that stands for policy letter.

Q Right, a policy letter by L. Ron Hubbard, dated October
1968. "This policy letter does not cancel any policy on
the treatment or handling of an "SP" or
suppressive person." And that is the policy of "Fair
Game." Isn't that true?

A Okay.

Q Isn't that true?

A I don't know.

Q Let me ask you this, Mr. Hubbard is dead, correct?

A That's correct.

Q To your knowledge can the church now pass laws, that is
internal laws that obliterate the teachings of L. Ron
Hubbard?

A Pass laws?

Q Pass procedure, pass procedures of L. Ron Hubbard, if
they are in existence after his death can procedures that
he put into effect be changed by the
current administration?

A No.

Q They cannot?

248
A No.

Q Mr. Howd, now you said that you did not in any way invite
this conduct of Mr. Minton, is that correct?

A That's correct.

Q When we see you in these video tapes walking extremely
close to Mr. Minton, correct?

A At times I was about two feet away from him, but most of
the time I was about I would say four to five feet away.

Q Was there anyone ever closer to you as he walked up and
down that sidewalk?

A Was there anyone -- I'm sorry I don't understand your
question.

Q Was there anyone closer to Mr. Minton than you, as he was
walking up and down the sidewalk?

A No, but the reason why I stayed the distance I
did to Mr. Minton is because I wanted to ensure
that I had a recording of everything that Mr. Minton
said and did that morning.

Q Well, you say said and did, did you see the other
videos taken in this case?

A Yes, I did.

Q All right. Mr. Minton talks in terms of one guy
being of the name of Crock, did you hear that?

A That is the term that Mr. Minton uses to

249
address him, sure.

Q But you know who we are talking about?

A Uh-huh.

Q He does a video here?

A Uh-huh.
Q Yes?

A That's correct.

Q And you could see everything that is said on
here, and see everything that Mr. Minton is doing
on that, can't you?

A Yeah, I mean some of it is hard to hear because
they are a distance away.

Q So what you are telling us then is no way did you
intend to harass Mr. Minton by the closeness of you,
but only to document Mr. Minton, correct?

A That's correct.

Q Why was Crock there?
A Uh-

Q He is a member of the Church of Scientology, why do
you need two cameras?

A I don't know, maybe he felt that it would be good
to have another recording.

Q Isn't it true, Mr. Howd, that everything that happened
that night was choreographed inside the Church of
Scientology between you and other members of the

250

Officer of Special Affairs?

A No, that's totally not true.

Q Nothing was practiced about that night?

A Nothing at all.

Q Let me ask you this, do you remember that one scene
taken by Ms. Brooks where just before you go around
the corner all of the sudden you see those women, do
you know who the women were that were out there that
day?

A Yes.

Q Were they members of the Church of Scientology?

A Yes, they are.

Q Office of Special Affairs?

A Uh-huh.

Q Okay. You see them walk back to the front of the
church entrance and walk inside. Did you see that
part?

A Yes, I did.

Q Right after that is when you round the corner

A It was a little bit after we rounded the corner.

Q Right, just a little bit after you rounded the corner.
What happened between you and Mr. Minton is preserved on
tape?

A Uh-huh.

251

Q When he says, "Are you assaulting me? Are you assaulting
me?" That part?

A Well, hold on, the first thing that he did was grab the
strap to my video camera and try to pull the video camera
out of my hands. Then he pushes me into the building with
his sign.

Q Wait a minute. Isn't it true that he starts to grab the
strap and then he turns around and starts to walk and says,
"Oh, you think so?" Isn't that the I
thought that is way it went?

A No, it didn't. If you watch the video, he grabs the strap
and he says, "How would you like me to pull this out of your
hand?" And that's when I grabbed
onto the video camera with both of my hands. Okay. Then
he lets go of the strap and he pushes me into the
building. That's when you see the camera jumble. I just
push him back so that I could get some room to maneuver
out of the way. That's when he starts screaming about me
assaulting him and then pushes me back into the building
again.

Q Just before that particular complaint, where he says,
"You are assaulting me now." Did you say anything to him
that provoked him?

A I didn't say anything at all.

Q Right after that you hear Mr. Minton say, "It's

252
time to call the police." Right?

A That's correct.

Q That's when the girls, the ladies, it's at the point
in time that they start going back to the front entrance,
right?

A Yeah, I guess so.

Q Here is what I want to ask you, they go into, according
to these videos, they go into the front entrance, all of
them together. When you hit the ground
Crock's video show them all coming out at the same time,
and walk up to you. Did you see that on the tape?

A Yeah.

Q They all come out at the same time. Did you notice, Mr.
Howd, now your camera is rolling, it's on the ground,
right?

A Right.

Q Rolling, not one of those people, not one asked you if
you were all right, isn't that true? If you want to play
it again, I'll play it.

A You know, I don't remember.

Q Isn't it true, Mr. Howd, the reason that they didn't ask
you are you all right

-- MR. TYSON: Objection speculation, Judge.

MR. DENIS DE VLAMING: I didn't finish the question.

253
THE COURT: Finish the question please.

BY MR. DENIS DE VLAMING:

Q Is because this whole scenario was practiced before
it happened?

A No. Actually the reason why they didn't say anything
to me is it is part of Scientology belief that if somebody
is injured you don't say anything to them
because that would be a recording that would be entered
into a person's reactive mind. So they were just being very
quiet because of that situation.

Q Even to the point of saying do you want me to call 911,
they don't even say that?

A There was no reason to.

Q There was no reason to call 911?

A Why would they ask me to call 911 when they know there
is Philip there, who is with security, and other security
members who are trained to handle these
situations.

Q Were you knocked out?

A No, I wasn't unconscious, no.

Q Do you recall on Crock's video that when it first starts out
you see you open your eyes, look up at the camera and then shut
your eyes again? Did you see
that, Mr. Howd?

A I was blinking. I had blood in my left eye.

254

Q Okay, you were blinking. Now, you laid there motionless
without moving your eyes, or hands, or your arms. And
apparently the officer must have said, "Can I
have some ID?" Or, "Do you have some ID?" You immediately
reach in your pocket and hand up your wallet, do you
remember that part?

A Uh-huh.

Q Okay, but your eyes were still closed, but you could
still hear him, right? You knew that he needed to find out
who you were?

A No, I think my eyes were open at that time.

Q Were you having any dialogue with the officer who asked you
that?

A Yeah.

Q Will we be able to hear that on the tape?

A Yeah, well, I mean you should have heard it. He asked me
if this was my correct address.

Q Any other -- because you camera was right there on the
ground. So we are going to hear everything?

A Right. I don't remember if there was anything else. I
do remember him taking my wallet, getting my ID and asking
me, "Is this your correct address?" And me
saying, yes it was.

Q Along the lines, Mr. Howd, of it being an invited
conduct, we see you in your white shirt walking

255
down the street, you are not wearing your glasses, you have
them tucked in right here. But yet we see that you are
wearing glasses now.

A That's correct.

Q You weren't wearing glasses while you were videotaping
because you didn't want to get seriously hurt when you provoked
him, right?

A No, that's not true at all. I have the video camera up to my
eye, and it was harder with my glasses on to videotape him. It
was just easier if I took them off and had the video -- the
peep site right up to my eye.

Q Okay, so what you are saying is that when you videotape you
did it without eyeglasses, as opposed to with eyeglasses?

A Yeah, most of the time, when I am using a peep site. There's
also -- the Panasonic has one where you can open up to the
screen and you could just follow along with the screen.

Q But if it is up to the eye then no glasses, is that what you
are saying? A Normally, yeah.

Q How tall are you, Mr. Howd?

A 5'll".

Q And your weight?

A 210.

256

Q Did you go to the hospital over this?

A Yes, sir.

Q You rode in ambulance?

A That's correct.

Q And this foam board knocked you to the ground, keeping you
there for fifteen minutes?

A Well, what happened was when he jabbed the picket sign into
my eye, you can see on the video that the binder clip catches
me right over the eye. It just
took me totally by surprise. It snapped my head back. lost
balance. I was pretty much spinning trying to avoid a hard
fall at the time. When I fell my back was a
little sore. I wasn't sure what else happened. So -- I used
to be an emergency medical technician up north a number of
years ago. I really didn't want to play around with it if I had
an injured back or injured head, so I just laid perfectly still.
And then -- I wanted to get checked out to make sure everything
was okay.

Q So this blow clearly -- was it the blow itself that clearly
knocked you to the ground, keeping you there for fifteen, twenty
minutes?

A The blow to my head knocked me off balance, and then in the
process I fell to the ground.

Q Mr. Howd, did you hear Mr. Minton when he said, "I'm going
to call the police."?

257
A Yes.

Q He said the words, "I'm going to call the police." After he
accused you of assaulting him around the corner, correct?

A That's correct.

Q And not only did he say, "I am going to call the police."
But you saw him take out his cellular phone and begin to
dial, correct?

A That's correct.

Q Not did he say, "I'm going to call the police." And
start to dial the police, but he started to leave the
church property by walking across the street away from
you and the Church of Scientology property, correct?

A Uh-huh, yes.

Q And instead of allowing him to go back to his car, or
meet with the police you made the decision that you were
going to continue to follow him, even though he
was retreating?

A I had no idea or indication that he was retreating, or
calling the police.

Q Wait a minute --

A Please, sir. I had no idea that he was retreating or calling
the police. He said that he was calling the police, but how am
I to know exactly what Mr.
Minton is doing. And up to that point in time I was

258

seeing a definite escalation in hostilities from Mr.
Minton. That is the particular time that I wanted to
make sure that he was on video tape, to document
whatever he was going to do.

Q Was there anything, Mr. Howd, stopping you from that
point, after hearing what he said, and not wanting to be
followed, for you to stay back on that sidewalk as he
walked away? Was there anything holding you there, so
that you could film from afar?

A No, but I mean I was about five feet behind him. I was
going to let him go ahead. I mean, if Mr. Minton went
from there went to his vehicle and drove away
I would have been fine. But he didn't. That's when he
turned around in the middle of the crosswalk and smashed
his sign into my face.

Q After saying what?

A Immediately after saying, "Don't be following me." Bang,
he hit me.

Q "Don't be following me." After you met him at the
Belleview Biltmore, after you walked within feet of him as
he protested, and after you walked after him as he left the
church property he said, "Quit following me." Didn't he?

A And then bang, he hit me.

Q That's right. That's right.

259
MR. DENIS DE VLANING: Thank you.
THE COURT: Redirect?

REDIRECT EXAMINATION

BY MR. TYSON:

Q Was the Church of Scientology afraid that Mr. Minton would
make an assault on some of its members?

A Yes, sir, absolutely.

Q Back in this policy of 1968 or 1967, how old were you?

A I was barely a year old, sir.

Q Do you know what the "Fair Game Policy" is? Is there such
a policy with the Church of Scientology?

A No, I have never read this policy. And again the only time
I have ever heard this mentioned is when somebody, some
religious bigot is attacking my church.
have never studied this within the church, or for any
instruction that I have done.

Q Mr. de Vlaming asked you about Mr. Dellar's video, why
can't we just use that one. Did that pickup when what
occurred when Mr. Minton immediately went
around the corner?

A No, sir, it didn't.

Q So that video wouldn't have picked the sound of Mr.
Minton saying, I am grabbing that camera strap, would
it?

260

A No, sir, it wouldn't have. It wouldn't.

Q How good can you see without those glasses?

A I could read, but I can't see well at distances.

Q Do you recall earlier in the day when Mr. Minton was
in Clearwater saying, "You guys can follow me all day if
you want." Do you recall seeing a tape of him
saying that?

A Yes, sir.

Q So he told you, "You can follow me all day if
you want. I don't care."?

A That's correct.

MR. TYSON: I have no further questions,

Judge.
MR. DENIS DE VLAMING: Very briefly?
THE COURT: Yes, please.

RECROSS EXAMINATION

BY MR. DENIS DE VLAMING:

Q On the basis of what Mr. Tyson just said, didn't you tell
me in direct examination that if Mr. Hubbard created a
policy, that after his death that the
administration could not change Hubbard Policy, didn't you
tell me that?

A That's correct.

Q I want you to listen to this, in October 1967

261

as far as a suppressive person order, "Fair Game", "May be
deprived of property, or injured by any means by any
Scientologists, without any discipline of the
Scientologists. May be tricked, sued, lied to, or destroyed."
Signed L. Ron Hubbard, Founder. Are you aware of anything
that took away this policy up until the time that this
man -- I

MR. TYSON: I would object. He has already stated that
he has never heard of it. He was one year old when that
came out.

THE COURT: Objection overruled.

THE WITNESS: Actually I was one year old when that
policy was canceled and any policies concerning-- that
mentioned "Fair Game" were canceled.

BY MR. DENIS DE VLAMING:

Q What year was that?

A 1967.

Q So in 1968 it was canceled?

A No, I believe in 1967 it was canceled.

MR. DENIS DE VLAMING: May I approach the witness?

THE COURT: You may.

BY MR. DENIS DE VLAMING:

Q I don't mean to quibble about the date.

A No problem.

262

Q Cancellation of "Fair Game" would that be accurate?

A Okay, then it was 1968 that it was canceled. Okay, I
was two years old.

Q That's okay. I didn't mean it for your age. But do
you agree that it says, "This policy letter does not
cancel any policy on the treatment or the handling of a
suppressive person."?

A Sure.

Q They only canceled the term, not the policy, correct?

A Okay, that's correct. I've seen plenty of policy that
says that with a suppressive person, that you don't
communicate with suppressive person, you don't have anything
to do with a suppressive person, you just leave them alone.
That's probably what it is referring to.

Q Is that why the women on the tape are heard just saying,
"Go home, Bob." And never answering his questions, is that
part of the policy? They won't answer
his questions, they just say, "Go home, Bob."?

A I don't know. I mean I don't know -- they were there,
they were telling Bob what they felt. They don't want
him here, they want him to go home. I mean we were there
to answer. He was accusing them of being killers.

Q Didn't you just say that you do not communicate

263
with a suppressive person? Didn't I hear you say that?

A That's true, somebody that has been declared a
suppressive person, you don't communicate with.

Q So if a suppressive person asks questions you don't
communicate with them?

A Right, but now, Mr. Minton, I have never done an analysis
that says that Mr. Minton is a suppressive person. He --
obviously he doesn't care for our church.
Obviously, we don't care for him. But I mean there is
nothing that says he is suppressive person.

MR. DENIS DE VLAMING: That's all I have, your Honor.

MR. TYSON: No further questions, Judge.

THE COURT: Thank you, sir, please step down.

(Whereupon, the witness was excused.)

MR. TYSON: Judge, can we approach?

THE COURT: Yes, please.

(Whereupon, a bench conference was held out of the
hearing of the jury.)

MR. TYSON: Judge, all I have is Officer Beaudette.
I don't think he is going to be more than about five minutes
for me. How long do you think? I would like to finish him up
today, if we can.

MR. DENIS DE VLAMING: Ten.

264
THE COURT: So rather than taking a break now - -
MR. TYSON: Or a five minute break if they want to
go to the bathroom, and then call him.

THE COURT: If you are telling me it is only fifteen
or twenty minutes let's get this witness done. Please call your next witness.

MR. TYSON: Officer Beaudette.

(Whereupon, the witness was sworn.)

THE COURT: Please proceed.

Whereupon,

OFFICER MARK BEAUDETTE,

a witness, was called for examination by counsel for
the State, and having been duly sworn, was examined
and testified as follows:

DIRECT EXAMINATION
BY MR. TYSON:

Q Sir, would you please introduce yourself to the jury?

A Mark Beaudette, I am a police officer for the City
of Clearwater.

Q How long have you been employed there?

A About eleven years.

Q Are you a patrol officer?

A Yes.

265

Q I'm going to direct your attention to October 31, 1999,
in the evening hours. Were you in the area of The Fort
Harrison Hotel?

A Yes, I was.

Q Tell the jury what, if anything, unusual you observed
at that location? And your vantage point, where you were,
also?

A I was northbound on Fort Harrison Avenue at the stop
light at Pierce Street. I noticed on the southwest
corner there were several people there. I didn't pay
much attention. My window was down. I did notice some
yelling that started coming from that area. I looked up
and I observed Mr. Minton strike Mr. Howd with a protest sign.

Q Then you -- do you see Mr. Minton at the courthouse right now?

A Yes, sir, I do.

Q Please identify him.

A He is right there.

MR. DENIS DE VLAMING: We will stipulate to his identifying him.

BY MR. TYSON:

Q You've seen Mr. Howd, you've seen him here in court also today?

A Yes, I have.

266

Q What did you see after you seen him hit him with the
sign?

A I made contact with him and his companion.

Q Was that around the corner from Fort Harrison?

A Yes, it was.

Q While you were talking to him, did he describe how the
incident happened?

A Yes. He didn't tell me a lot about it. What he said was
that he was being hassled by the people from the church
there and the guy was following him ever since they got
off the plane earlier in the day. And he had told the guy
that he was calling the police, I guess, and just to stay
away from him.

Q Did you listen to the video that Mr. Minton had?

A Yes, I did.

Q Did you look at and see, did you take his video and
look at it?

A I looked at a portion of it, yes.

Q Was it different than what he was telling you was
on it? The words that he was saying, did he say I told
him not to follow me?

A No.

Q Did he make other statements when he was addressing
Mr. Howd?

267

A The statement that I observed on the video was just
prior the actual incident and what he has said was,
"Don't you follow me across the street."

Q Did Mr. Minton indicate to you when you were speaking
to him that it was accidental, and that Mr. Howd had
walked into the sign?

A I don't recall that.

Q Would it be on the video if he said that? I'm not going
to play that again, but would it be on the video?

A It should be.

Q Your conversation with him is on the video?

A Some of it is.

Q Now, you have seen these videos, right?

A I've seen some them. I haven't seen all of them.

Q Now, the one with Mr. Minton, did you see that one
where you are talking to him for a short period of time?

A Yes.

Q That is you on there?

A Yes, it is.

Q Did you observe Mr. Howd?

A Yes, I did.

Q Did he have any injuries?

268

A Yes, he had a slight cut above his left eye, and a
slight abrasion below it, on the cheek.

Q Did you find out that there were three videos of this
incident?

A Yes, I collected three videos. One actually didn't
show the incident though, but one showed the events
that were prior to the incident.

Q Did you view those videos?

A Like I said, I only saw portions of them. I didn't
see the entire videos at any time.

Q What I am saying is, did you view that Mr. Howd was
hit by Mr. Minton?
A Yes, I did, on the two videos.

Q You viewed those portions of the two videos?

A Yes, I did.

Q Based on what you viewed and based on your personal
observations what course of action did you take?

A I made a misdemeanor arrest of Mr. Minton for battery.

Q What charge?

A Misdemeanor battery.

Q Was his sign taken into evidence?

A Yes, it was.

Q Were all the tapes taken into evidence?

A Yes.

269
MR. TYSON: Judge, may I approach the clerk?

THE COURT: Yes, you may.

BY MR. TYSON:

Q Officer, just so we are clear, this is the sign?

A That's the sign that I took from Mr. Minton.

MR. TYSON: Judge, I have no further questions.

THE COURT: Cross examination?

MR.. DENIS DE VLAMING: Briefly, your Honor.

CROSS EXAMINATION

BY MR. DOUGLAS DE VLAMING:

Q Good evening, Officer Beaudette.

A Hello.

Q You were stopped at the light on Fort Harrison?

A Yes, I was.

Q Approximately how long were you at the light before
you noticed that particular incident that you described?

A A minute, maybe two minutes I would say. observed
some people on the corner, but there is always people
there, it was nothing out of the ordinary when I
first approached the intersection.

270

Q From your vantage point at the light could you see
around the corner and down the sidewalk at Pierce Street?

A I think I could probably see part of it, but I don't
think I could see along the entire length of the building.

Q So you didn't see Mr. Howd assault Mr. Minton?

A No, I did not.

Q And you wouldn't have known that Mr. Minton was
retreating across the street?

A No.

Q You say that you have been a police officer for
eleven years?

A Yes.

Q During your tenure with the Clearwater Police
Department you went to the Police Academy?

A Yes, sir.

Q You have been trained in the use of force?

A Yes, sir.

Q You have used force in the past?

A Unfortunately.

Q You know the type of force that is required to take
a man down?

A Yes, sir.

Q And you are trained as a police officer --

271
MR. TYSON: May we approach, your Honor?

THE COURT: You may.

(Whereupon, a bench conference was held out of
the hearing of the jury.)

MR. TYSON: Judge, in the injunction hearing this
question was asked about whether this officer thought
he took a fall or not, that's speculation
on the officer's part I think is what he his leading
up to. I object to that line of questioning, it's
pure speculation.

MR. DOUGLAS DE VLAMING: Ultimately, Judge, that is
where I am going and it is based on the fact that
this officer viewed the actual incident, his
training and experience in the use of force qualifies
him to make a determination on whether or not that type
of force was required to take him down. Judge, he
testified in the injunction hearing that his height
is 5'lO", his weight is 190. Mr. Howd testified that
his height is 5'll", and his weight is 210. What he
testified to at the injunction hearing is, would the
blow that you observed have been enough to knock you
down. He said no.

MR. TYSON: Judge, people are different. You take your
victim how you find them. That's entirely prejudicial.

THE COURT: I agree that it is

272

speculation. The objection will be sustained against
the question. I don't think that question has been
asked yet.

MR. TYSON: But we are getting there, so I' m not
sure he wants to stop at this point or not.

THE COURT: Please proceed.

BY MR. DOUGLAS DE VLAMING:

Q Officer Beaudette, you witness a lot of incidents and
accidents during the course of your tenure with the
Clearwater Police Department?

A Yes, I have.

Q You described the injuries to Mr. Howd as slight
injuries, is that correct?

A They were minor.

Q Minor?

A Minor.

Q When you approached Mr. Minton you asked for a copy
of the video tape, isn't that correct?

A Not right away.

Q There came a point in time when you did that, is
that correct?

A Yes, he offered to let me see it, I asked if I
could keep it, and he said yes.

Q And he gave it to you right away?

A Yes.

273

Q That wasn't the case when you asked for Mr. Howd's
video tape, was it?

A Couldn't seem to find it.

Q No one could seem to find it?

A That's correct.

Q In fact, there was a considerable length of time
before it was actually produced, isn't that correct?

A Yes, sir.

MR. DOUGLAS DE VLAMING: May I have a moment, your Honor?

THE COURT: Yes, you may.

MR. DOUGLAS DE VLAMING: Judge, I have no further
questions of this witness.

THE COURT: Thank you, any redirect?

MR. TYSON: No, your Honor.

THE COURT: Ladies and gentlemen of the jury it's time
for a break. We are going to take fifteen minutes. We are
long overdue and I apologize. We are in
recess for fifteen minutes.

(The jury was excused from the courtroom.)

THE COURT: Mr. Tyson, do you plan to call another
witness today?

MR. TYSON: No, Judge.

THE COURT: As far as you are concerned there is nothing
further that you want to do at this

274

time?
MR. TYSON: No.

THE COURT: So I should have just let them go?

MR. TYSON: I should rest in front of them. I'm not sure
if you want me to do that tomorrow morning.

THE COURT: So you are through, is that correct?

MR. TYSON: Yes.

THE COURT: Okay, what I would like to do is bring them
back and let you rest in front of them. Then we can discuss
it when we all come back and such things.

(Brief break)

THE COURT: Sheriff, please joint us.

(Whereupon, a bench conference was held out of the hearing
of the jury.)

THE COURT: I am going to let the bailiff tell you what
he just told me, so listen carefully.

THE SHERIFF: The man in the audience with the full beard,
his name is Mark Bogart, he said he saw somebody in the
audience either mouthing or hand sign
testimony to the witness that was a Scientologist.

MR. DENIS DE VLAMING: Yeah, we had heard

275

that too, Judge. My associate is going down to see
if they have a tape of it. I know who they are. They
are two fairly highly ranking officials in the Church
of Scientology. Mark Rinder is one who was on
Dateline, he is pretty high up. My research clerk
turned around and saw him.

THE COURT: I certainly didn't see it.

MR. DENIS DE VLAMING: And I didn't either for obvious
reasons.

MR. TYSON: I had my back turned.

MR. DENIS DE VLAMING: And frankly I am not making any
motions at this time.

THE COURT: We will just leave it alone, and let
you look into it. You tell us what you want to do, when
and if you want to do it.

THE SHERIFF: And there were two other witnesses besides
him that saw it.

THE COURT: Let's bring in the jury. The

State is going to rest and we will break for the evening.

(Whereupon, the jury was brought in.)

THE COURT: Mr. Tyson?

MR. TYSON: The State will rest at this time.

THE COURT: Ladies and gentlemen of the jury, the State
has rested their case, which means that

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they are through with their presentation of the evidence at
this time. It is twenty-five to six. It is as good a time as
any to break for the evening in light of that, so that is
exactly what we are going to do. We are going to
adjourn for the evening. I'd like to resume at 8:30 in the
morning. Is there any reason that that is an inconvenience to
anybody? That is the normal time we do
things. I would like to just stay on schedule. We will start
again at 8:30. That means that you should probably be here at
twenty or a quarter after eight. You will meet in the judicial
reception and you will be taken back to the jury room that you
have been using, and we will start promptly at 8:30 and get
underway. At this time you are excused. Please recall the things
that I told you in my preliminary instructions about not listening
to reports or reading anything, or talking to anyone, or going to
any sites or scenes. You remember all those
things that we talked about please. Be sure and bear those in
mind. We will see you tomorrow at 8:30.

Ms. X, are you going to be all right with the bus?

MS. X: Yes.

THE COURT: Do not watch TV tonight, probably the news, any
newspapers, please avoid those things. There may possibly be some
reports. Please avoid

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that. Good evening. I will see you tomorrow.

(Whereupon, they jury was excused at this time for the evening.)

THE COURT: We can either do the things that we customarily do
at this time, or we can do them at 8:30 in the morning. What
would you all prefer to do?

MR. DENIS DE VLAMING: Let's do them now, Judge.

THE COURT: All right, let's do them now.

MR. DENIS DE VLAMING: Your Honor, Mr. Minton would move for a directed
judgment of acquittal, there are grounds therefore would show that the
State has failed to establish a prima facie case of guilt against him.
I believe the testimony was such that there is a strong suggestion that
this was invited conduct on the part of Mr. Minton, and that as a
matter of law he acted in self-defense.

THE COURT: Mr. Tyson?

MR. TYSON: Judge, on the video the Defendant says it's an accident.
It is obvious in the video that it was intentional and unwarranted and the
victim said it is un-consented to.

THE COURT: I also must view the evidence at this juncture in the light
most favorable to the State, and in that light I am going to deny your
motion.

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Have a nice evening everyone. We are adjourned. See you all at 8:30.

(Whereupon, at 5:45 p.m. the hearing in the above-entitled matter was
continued to 8:30 a.m. on May 23, 2000.)