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