1

1

IN JUDGE FARINA OF COMMON PLEAS 2 LANCASTER COUNTY, PENNSYLVANIA CRIMINAL 3

4 _______________________________ 5 COMMONWEALTH OF PENNSYLVANIA :

: 6 vs. : No. 2843 - 06 : 7 STANLEY J. CATERBONE :

_______________________________: 8 9

10 11 JURY TRIAL

VOLUME I12 Before: Louis J. Farina, President Judge13

Date : Monday, December 4, 2006 14 Place : Courtroom No. 10 15 50 North Duke Street

Lancaster, Pennsylvania16 17

18 19 APPEARANCES:

20 Deborah Muzureus, Esquire Assistant District Attorney21 For - The Commonwealth

22 Stanley Caterbone Pro Se23

24 25 ORDERED: 1/11/07 LODGED: ______ FILED:

2

1 P R O C E E D I N G S 2 (3:15 p.m.)

3 JUDGE FARINA: Good afternoon. You may be seated.

4 All right. Miss Muzureus.

5 MS. MUZUREUS: Thank you, Your Honor.

6 Your Honor, we're attached to your courtroom on

7 Commonwealth versus Stanley J. Caterbone, Docket 2843 of

8 2006.

9 STAN CATERBONE is currently charged with, Count

10 1, a misdemeanor of the third degree, harassment, and

11 Counts 2 and 3 are companion summary charges.

12 The Commonwealth is moving to amend Count 1

13 from an M3 harassment to a summary harassment. The

14 correct section for that would be an (a)(3) versus an

15 (a)(7).

16 JUDGE FARINA: All right. Is the Commonwealth

17 otherwise ready to proceed?

18 MS. MUZUREUS: Yes, Your Honor.

19 JUDGE FARINA: All right. Mr. Caterbone, the

20 Commonwealth is amending -- do you understand what she

21 just said?

22 STAN CATERBONE: I don't have any paperwork,

23 Your Honor.

24 JUDGE FARINA: Well, we'll proceed with one thing

25 at a time.

3

1 First, do you understand what she said?

2 STAN CATERBONE: Yes, an M-3 to a summary --

3 JUDGE FARINA: Yes.

4 STAN CATERBONE: -- for the harassment.

5 JUDGE FARINA: That's right.

6 STAN CATERBONE: How many charges are there?

7 JUDGE FARINA: Three.

8 There would be one harassment summary, one

9 disorderly conduct summary, one theft of services

10 summary.

11 Now, I have spoken to you a couple times at

12 calls of the list. You are representing yourself pro

13 se?

14 STAN CATERBONE: Correct.

15 JUDGE FARINA: Even though these are now summary

16 offenses, because there is -- the conviction would carry

17 the possibility of imprisonment, you still have the

18 right to be represented by counsel and appointed counsel

19 free of charge, especially since you are -- you're

20 currently in Lancaster County Prison; is that right?

21 STAN CATERBONE: That's correct.

22 JUDGE FARINA: All right. Do you wish to have

23 counsel appointed to assist you?

24 STAN CATERBONE: Co-counsel, yes.

25 JUDGE FARINA: Now, why didn't you say that when I

4

1 asked you?

2 STAN CATERBONE: I said co-counsel.

3 JUDGE FARINA: Oh, no, you can't get co-counsel.

4 STAN CATERBONE: I can't?

5 JUDGE FARINA: No. You either have -- if we

6 appoint counsel for you --

7 STAN CATERBONE: Would it be a public defender?

8 JUDGE FARINA: Would it be?

9 STAN CATERBONE: Yes.

10 JUDGE FARINA: Were you represented by a public

11 defender before and they withdrew?

12 STAN CATERBONE: On Monday, Doris James

13 court-appointed Hobie Crystle. I'll take him.

14 JUDGE FARINA: No, you wouldn't get that.

15 STAN CATERBONE: Who would I get?

16 JUDGE FARINA: You had a public defender who

17 withdrew or you asked -- appointed yourself; is that

18 right?

19 STAN CATERBONE: I have a dire conflict with the

20 public defender's office, Your Honor. I can't take

21 anyone from that office.

22 JUDGE FARINA: Well --

23 STAN CATERBONE: I would take anyone else.

24 JUDGE FARINA: Well, you don't get those kinds of

25 choices.

5

1 STAN CATERBONE: All right.

2 JUDGE FARINA: So you want to represent yourself?

3 STAN CATERBONE: Yes, sir.

4 JUDGE FARINA: All right.

5 STAN CATERBONE: What about my discovery file

6 that you promised me?

7 MS. MUZUREUS: Your Honor, at the call of the

8 list, that issue was actually brought up by

9 Mr. Caterbone. I -- I don't recall how it came up,

10 actually.

11 Mr. Caterbone --

12 JUDGE FARINA: I think he asked about it.

13 STAN CATERBONE: I have the file in my home.

14 MS. MUZUREUS: -- stated --

15 STAN CATERBONE: It was sent to me.

16 MS. MUZUREUS: That's true, Your Honor. The

17 discovery was sent to Mr. Caterbone by Matt Bomberger

18 from the Public Defender's Office. It was mailed to him

19 on September 26th of this year.

20 JUDGE FARINA: All right. Why are you in prison?

21 Was your bail revoked?

22 STAN CATERBONE: That's a good question. It's

23 under appeal. I have a habeas corpus in Federal Court

24 and an appeal in Lancaster County Court of Common Pleas.

25 JUDGE FARINA: Are you -- enlighten JUDGE FARINA on

6

1 this, Miss Muzureus. What happened? Was his bail

2 revoked?

3 STAN CATERBONE: They said I missed a meeting

4 with the bail administrator's office that I didn't miss.

5 MS. MUZUREUS: That is my understanding, Your

6 Honor. He was under bail supervision by the Bail

7 Administration Office. It's my understanding that bail

8 administration revoked his bail due to his failure to

9 appear. Judge Allison had Mr. Caterbone before him and

10 changed the bail to 5,000 straight.

11 STAN CATERBONE: But I -- I was at the meeting.

12 I don't know why I got reprimanded for attending a

13 meeting.

14 JUDGE FARINA: All right. So --

15 STAN CATERBONE: It should have been unsecured,

16 Your Honor.

17 JUDGE FARINA: So at this point in time -- I

18 just -- I'm asking a question, and I think I got the

19 answer.

20 You're in jail because your bail was revoked

21 and you -- new bail was set at $5,000 cash, which

22 apparently you have not posted.

23 STAN CATERBONE: No, which I -- which I protest

24 because it shouldn't have been -- it should have been

25 reset unsecured.

7

1 JUDGE FARINA: All right.

2 STAN CATERBONE: I was -- I was punished for a

3 meeting I did attend, and they lied and said I did not

4 attend it. That's why they revoked my bail.

5 JUDGE FARINA: That is not an issue before me

6 now. The issues that I'm --

7 STAN CATERBONE: I'm sorry, Your Honor. You

8 asked me why I was in prison, and I'm trying to give you

9 a definitive answer.

10 JUDGE FARINA: And I have enough answer now on

11 that issue.

12 We need to proceed now to deal with these three

13 summary charges.

14 Actually, on the summary charge, there is no

15 right to discovery.

16 MS. MUZUREUS: That's correct, Your Honor, in

17 summary cases there is no --

18 JUDGE FARINA: You'll get -- believe me, we'll let

19 you say all you want to say. Okay?

20 STAN CATERBONE: Thank you.

21 JUDGE FARINA: All three are summaries, including

22 the theft of services. So there is -- there is no --

23 there is no right to discovery on summary cases.

24 STAN CATERBONE: I understand.

25 JUDGE FARINA: So there is no reason why we can't

8

1 proceed.

2 Are you ready to proceed?

3 MS. MUZUREUS: The Commonwealth has its first

4 witness and its last witness, Your Honor. We're not

5 calling the second witness.

6 JUDGE FARINA: Okay.

7 STAN CATERBONE: Why was I given a discovery

8 file?

9 JUDGE FARINA: Well, Mr. Bomberger had one, so I

10 guess he forwarded it to you.

11 STAN CATERBONE: Mr. Bomberger had nothing to do

12 with these charges, Your Honor. She keeps saying

13 Mr. Bomberger.

14 MS. MUZUREUS: Your Honor, the discovery was

15 sent to Mr. Bomberger of the Public Defender's Office.

16 STAN CATERBONE: He --

17 JUDGE FARINA: I'm sorry. Hold on.

18 In any event, there is no -- we don't have to

19 deal with the issue of discovery since these are summary

20 charges.

21 STAN CATERBONE: I'm -- Your Honor --

22 JUDGE FARINA: Yes.

23 STAN CATERBONE: -- I have files prepared in my

24 defense which I don't have access to. That is my

25 protest.

9

1 JUDGE FARINA: On these charges?

2 STAN CATERBONE: You're asking me to defend

3 myself against these charges, which I have files and I

4 have notes pertaining to these -- this -- my defense.

5 JUDGE FARINA: Don't you -- do you -- do you live

6 with anybody?

7 STAN CATERBONE: No.

8 JUDGE FARINA: You have no way to have whatever

9 is --

10 STAN CATERBONE: No.

11 JUDGE FARINA: -- in your home --

12 STAN CATERBONE: You don't understand my

13 situation, Your Honor. You really don't. And you need

14 to --

15 JUDGE FARINA: Who do you live with?

16 STAN CATERBONE: Myself.

17 JUDGE FARINA: Alone?

18 STAN CATERBONE: Yes, sir.

19 JUDGE FARINA: And where is that?

20 STAN CATERBONE: 220 Stone Hill Road, Conestoga,

21 Pennsylvania. I've -- I built the house in 1995.

22 My electricity was shut off illegally in

23 August, so I have been residing at my mother's house,

24 which is empty, at 1250 Fremont Street.

25 JUDGE FARINA: I'll tell you what I'm going to do.

10

1 STAN CATERBONE: I'm in Federal Court, and

2 that's --

3 JUDGE FARINA: Well, if you want -- if you think

4 you need these documents to defend yourself --

5 STAN CATERBONE: I definitely do, Your Honor.

6 The theft of service, it was paid for that night. There

7 was no theft of service.

8 JUDGE FARINA: Where is -- where is this location?

9 STAN CATERBONE: The file is either at 1250

10 Fremont Street, which is near the Manor Shopping Center,

11 or 220 Stone Mill Road; one of my two houses, homes,

12 residences.

13 JUDGE FARINA: Why don't you know which one?

14 STAN CATERBONE: Because, Your Honor, I'm in

15 Federal Courts. I've got many civil actions.

16 JUDGE FARINA: We don't need all your files.

17 STAN CATERBONE: I know. That's why I don't

18 know where it's at. It's either one of two places.

19 JUDGE FARINA: The files that you would be -- what

20 files would be dealing with the charges that are -- that

21 exist now?

22 STAN CATERBONE: It says East Lampeter on it.

23 JUDGE FARINA: Well, but we're only concerned

24 about what happened at the Brasserie.

25 STAN CATERBONE: I know that. That's what --

11

1 JUDGE FARINA: And what kinds of things are in

2 these files, other than the --

3 STAN CATERBONE: Notes, memos about that

4 evening, about the day, the event. Notes regarding the

5 first preliminary hearing, which was over a year ago.

6 I don't know if you're familiar with that. I

7 had a preliminary hearing in front of Judge Reuter on

8 December 5th of '05. Judge Reuter called the DA's

9 Office. The DA assured them, or that officer assured

10 the DA that charges -- that a preliminary hearing would

11 take place in December. It didn't take place until

12 May. That's the second preliminary hearing after I

13 filed civil action.

14 JUDGE FARINA: Do you have any family or friends

15 who --

16 STAN CATERBONE: My family lives in Florida.

17 JUDGE FARINA: Do you have any friends with whom

18 you have any trust or confidence?

19 STAN CATERBONE: No.

20 JUDGE FARINA: None?

21 STAN CATERBONE: None.

22 JUDGE FARINA: Do you have anyone that you could

23 call and say, please go to my home and bring these

24 things to me?

25 STAN CATERBONE: Not with trust and confidence.

12

1 Your Honor, I have had numerous complaints to

2 the City, to Conestoga; people stealing my files, my

3 Federal files. I'm the plaintiff.

4 I have no one that I can trust.

5 And if I didn't need these files, Your Honor, I

6 wouldn't waste JUDGE FARINA's time.

7 That's why I've been asking for a continuance

8 until I can do it from the outside, irrespective of

9 courts. It's not for any other reason.

10 JUDGE FARINA: Well, this has gone on long

11 enough. We're going to get this case done this term.

12 STAN CATERBONE: I understand. But I have

13 various notes. I documented everything the day the

14 incident happened, that night.

15 JUDGE FARINA: You mean your recollection of what

16 happened? What else could you have documented?

17 STAN CATERBONE: His correspondence, the

18 original preliminary hearing.

19 JUDGE FARINA: You have transcript from the

20 preliminary hearing?

21 STAN CATERBONE: Yes, I have receipts of the

22 paid bill.

23 How can I present receipts -- my defense that

24 the bill was paid if I can't show you a receipt?

25 JUDGE FARINA: On the theft of services?

13

1 STAN CATERBONE: Yes. Correct. It was paid

2 that evening, the minute -- right -- the night I left

3 his precinct, I went back and paid it. He --

4 JUDGE FARINA: Well, that's -- the charge is not

5 that you didn't pay it later.

6 STAN CATERBONE: I couldn't pay it. He asked

7 me --

8 JUDGE FARINA: The charges -- you do have a

9 problem with not letting somebody finish talking. So,

10 please, I will let you speak; you let me speak.

11 STAN CATERBONE: I'm sorry, Your Honor.

12 JUDGE FARINA: What is the theft charge?

13 MS. MUZUREUS: The theft of services is for not

14 paying the restaurant bill.

15 The Statute says it has to be immediately paid

16 after the rendering of the services.

17 JUDGE FARINA: So your defense is that you paid it

18 later that night?

19 STAN CATERBONE: Your Honor, the officer asked

20 me to step outside before I could pay the bill. The

21 reason why he --

22 JUDGE FARINA: Well, that will all be part of the

23 hearing.

24 STAN CATERBONE: Okay.

25 JUDGE FARINA: Okay. What --

14

1 STAN CATERBONE: Your Honor, I forget exactly

2 what is in that file. I know it's that thick.

3 JUDGE FARINA: Yeah. But what is in the file that

4 relates to the matters that we're here --

5 STAN CATERBONE: Everything in the file relates

6 to the matter, Your Honor.

7 JUDGE FARINA: -- about?

8 MS. MUZUREUS: Your Honor, may I approach?

9 JUDGE FARINA: Yeah.

10 MS. MUZUREUS: If it would help matters, I have

11 a document from STAN CATERBONE with, I believe, his

12 recollection. I have a copy, can make a copy of it and

13 provide it to Mr. Caterbone.

14 JUDGE FARINA: She's showing me an e-mail from

15 Stan Caterbone to webmaster@eastlampetertownship.org.

16 Is that something you're referring to?

17 STAN CATERBONE: I have to see it, Your Honor.

18 I can't --

19 JUDGE FARINA: Show it to him.

20 MS. MUZUREUS: I believe you read it to Judge

21 Cummings at the preliminary hearing.

22 STAN CATERBONE: Yes, I recognize this

23 document. It's one of many in my file.

24 JUDGE FARINA: Well, I'm sure there's a lot of

25 things in the file. The question is the relevant things

15

1 in the file.

2 STAN CATERBONE: Well, I'm sure they're all

3 relevant, Your Honor. I do not intend to waste any

4 court's times with my matters. Trust me.

5 JUDGE FARINA: Well, the disorderly conduct charge

6 is that -- claims that after being flagged at the

7 Brasserie, you did yell and use obscenities in the

8 parking lot, and at that time, patrons were coming and

9 going from the restaurant.

10 Now, I presume they have witnesses, testimony

11 they're going to bring about that.

12 What kind of documents would you have at home

13 that might bear on that?

14 STAN CATERBONE: How could I say without going

15 through the file, Your Honor? I don't memorize every

16 piece of paper, Your Honor.

17 JUDGE FARINA: Well, do you have witness

18 statements?

19 STAN CATERBONE: No. They -- I have them from

20 their discovery. I have witness statements.

21 Your Honor, please understand something, I am

22 in litigation in Federal Courts from 1987 until today

23 with documents -- in excess of 15,000 documents

24 regarding the Federal False Claims Act that I filed

25 regarding international signal control, the Whistle

16

1 Blower's Act, and things like that.

2 I don't memorize each and every file as far as

3 the contents.

4 JUDGE FARINA: If you were at your home, how long

5 would it take you to locate the relevant documents to

6 these charges?

7 STAN CATERBONE: I would bring the file in, sir.

8 JUDGE FARINA: Well, the whole 15,000?

9 STAN CATERBONE: No, the one file, sir.

10 JUDGE FARINA: I asked you --

11 STAN CATERBONE: This is a file.

12 JUDGE FARINA: -- the simple question: How much

13 time would it take you to locate the relevant

14 documents? If you were at your home, how much time

15 would it take to locate them? Five minutes? Ten

16 minutes? Two hours? Five hours?

17 STAN CATERBONE: A few minutes. Fifteen

18 minutes. It is either at 1250 Fremont Street or 250

19 Stone Mill Road.

20 JUDGE FARINA: And wherever it is, you can lay

21 your hands immediately on it?

22 STAN CATERBONE: I would lay my hands on it and

23 bring it right in.

24 It's organized. I don't have to sort through

25 papers, nothing like that at all. I'm pretty sure it's

17

1 at 1250 Fremont Street.

2 JUDGE FARINA: What is your position?

3 MS. MUZUREUS: Your Honor, the Commonwealth's

4 position is that discovery isn't even applicable in a

5 summary case. As it is right now, we have three --

6 JUDGE FARINA: No, he's talking about materials

7 that he needs to help defend himself, which is different

8 necessarily than discovery materials.

9 And my problem is, he's in jail right now.

10 Now, do I bail him to let him go get them, or

11 do I say to your officer, take him to get his materials

12 and then bring him back?

13 MS. MUZUREUS: Do you have any input?

14 OFFICER BEZZARD: I have no input, Your Honor.

15 Whichever JUDGE FARINA pleases, I will do my best to do.

16 JUDGE FARINA: Well, because I intend to get this

17 trial done.

18 OFFICER BEZZARD: I understand that.

19 JUDGE FARINA: And I think probably the quickest

20 way to do that is to take him today, I'll grant him --

21 grant him -- I'll place him in your custody for the

22 purpose of going to his home, getting his materials, and

23 then take him back to the prison, deliver him back to

24 the sheriff for retransport to the prison. He can study

25 his documents. Tomorrow morning we start the trial.

18

1 OFFICER BEZZARD: If I could have another

2 officer or a sheriff accompany me, I would appreciate

3 that.

4 JUDGE FARINA: Of course. Yes. Yes. We'll leave

5 him in the sheriff's custody, but you accompany him

6 instead of us using two sheriffs.

7 All right. Can you do that?

8 OFFICER BEZZARD: Yes, Your Honor.

9 JUDGE FARINA: All right. Take Mr. Caterbone back

10 to the holding cell. I'm going to try to make

11 arrangements for them to take you, get your records.

12 They'll take you back to the prison, and tomorrow we'll

13 have the trial.

14 STAN CATERBONE: Could I bring a suit, sir, Your

15 Honor?

16 JUDGE FARINA: You mean change of clothes?

17 STAN CATERBONE: Yes.

18 JUDGE FARINA: Yeah. But what you can't do is be

19 lingering in there.

20 STAN CATERBONE: I understand, I understand.

21 JUDGE FARINA: You're going to go in there and get

22 your files and get a change of clothes and that's it.

23 STAN CATERBONE: All right. My keys are at the

24 prison -- are you aware of that -- to my home?

25 JUDGE FARINA: No, I'm not aware of that.

19

1 STAN CATERBONE: No, I'm -- my keys are at the

2 prison. There might be a spare outside somewhere,

3 but --

4 JUDGE FARINA: All right. Well, take him back to

5 the prison and get those.

6 I'll have to arrange this with the Sheriff's

7 Department --

8 STAN CATERBONE: I appreciate this, Your Honor.

9 JUDGE FARINA: -- to get the clearance for this.

10 STAN CATERBONE: And if I didn't need it, I

11 wouldn't --

12 JUDGE FARINA: But this case has to be finished.

13 We're not going to let it drag on anymore.

14 MS. MUZUREUS: 9:00 tomorrow morning, Your

15 Honor?

16 JUDGE FARINA: Pardon?

17 MS. MUZUREUS: 9:00 tomorrow morning?

18 JUDGE FARINA: Yes.

19

20 (Trial recessed at 3:30 p.m. )

21 22

23

24

25

20

1

2 IN JUDGE FARINA OF COMMON PLEAS " LANCASTER COUNTY, PENNSYLVANIA"

3 CRIMINAL 4

5 _______________________________ COMMONWEALTH OF PENNSYLVANIA : 6 : vs. : No. 2843 - 06

7 : STANLEY J. CATERBONE : 8 _______________________________:

9 10

11 JURY TRIAL 12 VOLUME II

"13 Before: Louis J. Farina, President Judge" "14 Date : Tuesday, December 5, 2006 "

15 Place : Courtroom No. 10 50 North Duke Street"16 Lancaster, Pennsylvania"

17 18 APPEARANCES:

"19 Deborah Muzureus, Esquire" Assistant District Attorney20 For - The Commonwealth

21 Stanley Caterbone Pro Se22

23 24 ORDERED: 1/11/07 LODGED: ______ FILED:

25

21

1 INDEX TO WITNESSES

2 DIRECT CROSS REDIRECT RECROSS

3 Michael Ream 25 43 -- --

4 Roy Deck 70 74 -- --

5 Jennifer Miller 77 80 -- --

6 Ronald Bezzard 82 88 -- --

7 Stanley Caterbone 114 -- -- --

8

9

10

11 INDEX TO EXHIBITS

12 COMMONWEALTH'S MARKED ADMITTED

13 Exhibit No. 1 - CD 73 111

14

15

16

17

18

19

20

21

22

23

24

25

22

1 P R O C E E D I N G S

2 (9:10 a.m.)

3 JUDGE FARINA: Good morning.

" 4 STAN CATERBONE: Good morning, Your Honor."

5 JUDGE FARINA: Do you have your papers?

" 6 STAN CATERBONE: Yes, sir."

7 JUDGE FARINA: I see you are dressed much better

8 today.

9 STAN CATERBONE: Thank you.

10 JUDGE FARINA: All right. We have three summary

11 cases we're going to try today.

"12 And there's no jury in a summary trial, but "

13 otherwise the procedure is the same.

"14 Just for your benefit, Mr. Caterbone, each "

15 party gets to make an opening statement. An opening

16 statement is not evidence. The only evidence is what

17 comes from the witness stand under oath.

18 But an opening statement is a road map of what

19 each party intends to prove. And there's no need for

"20 long elaboration. The idea is to just give me, if you "

21 wish -- and a party is not required to make an opening

"22 statement -- to just give me, as the fact finder, a view "

23 of what it is you intend to prove or intend to

24 challenge.

"25 But again, what you say in an opening statement "

23

1 is not evidence. It's just that road map. All right?

2 Does the Commonwealth wish to make an opening

3 statement?

" 4 MS. MUZUREUS: No, Your Honor. Thank you."

5 JUDGE FARINA: Do you care to make an opening

6 statement?

7 STAN CATERBONE: Yeah. Could I have a minute to

8 organize my papers on the desk?

9 JUDGE FARINA: A minute. Sure.

"10 All right. Miss Muzureus, you're proceeding on "

11 Count 1 under (a)(3)?

"12 MS. MUZUREUS: That's correct, Your Honor."

13 JUDGE FARINA: 2709 (a)(3). And by strike out and

"14 delineation, I'm so noting on the information that that "

15 is a summary.

"16 All right. Are you ready, Mr. Caterbone?"

"17 STAN CATERBONE: Yes, Your Honor."

"18 JUDGE FARINA: All right. Miss Muzureus, you may "

19 call your first witness.

20 MS. MUZUREUS: The Commonwealth calls Michael

21 Ream.

22 STAN CATERBONE: May I make an opening

23 statement?

"24 JUDGE FARINA: Oh, do you want to make an opening "

25 statement?

24

" 1 STAN CATERBONE: Yes, sir."

2 JUDGE FARINA: All right. Go ahead.

" 3 STAN CATERBONE: Your Honor, on the day of "

" 4 October 6th, I went to the Brasserie to have lunch. I "

5 had a dispute with the bartender as far as the amount of

" 6 the tab, as far as how many drinks I was being charged "

7 for. I merely had a conflict.

8 And she gave me a hard time about providing me

" 9 evidence as far as a bar tab, as far as how many drinks, "

10 so I requested she call the police.

11 We had a disagreement. The police called me

"12 outside, and we had an argument as far as me driving "

13 home.

"14 And it was not my intent to, A, steal the "

"15 dinner or the drinks that I had, or, B, cause any "

"16 commotion. And a commotion was not caused by me, it was "

17 caused by other patrons in the bar.

18 And that's my statement.

"19 JUDGE FARINA: All right. Now, again, remember, "

20 that's -- you're telling me your road map of what you

21 intend to prove. The statement isn't itself evidence.

22 Do you understand?

23 STAN CATERBONE: All right.

24 JUDGE FARINA: All right. Your first witness may

25 come up.

25

1 MS. MUZUREUS: Thank you. Michael Ream.

2 JUDGE FARINA: But it gives me a picture of how to

3 view their evidence in light of what you are going to

4 try to establish.

" 5 MICHAEL REAM, "" called as a witness, being duly sworn or affirmed, was " 6 examined and testified as follows:

7 DIRECT EXAMINATION 8 BY MS. MUZUREUS:

9 Q. Will you please state your name for the record?

10 A. Yes. Michael Ream.

11 Q. And how do you spell your last name?

12 A. R-e-a-m.

"13 JUDGE FARINA: The microphone isn't on, Mr. Ream, "

14 so you need not worry about it.

15 Did you say Ream?

16 THE WITNESS: Yes.

17 BY MS. MUZUREUS:

"18 Q. Mr. Ream, I'm taking you back to the date of "

"19 October 6th of last year, 2005. Do you recall that "

20 date?

21 A. Yes.

22 Q. And were you employed on that date?

"23 A. Yes, I was."

24 Q. And where at?

25 A. At the Brasserie.

26

1 Q. And where is that located?

2 A. 1679 Lincoln Highway East.

3 Q. And in what capacity were you employed by the

4 Brasserie on that date?

5 A. I manage for them.

6 Q. And what are some of the duties of managing the

7 Brasserie?

" 8 A. Just operational stuff; locking up, opening up, "

" 9 counting the money, managing the people, taking care of "

10 the guests.

"11 Q. And if there's a problem, you would oversee "

12 that problem?

13 A. Yes. Yes.

"14 Q. And going back to October 6th of last year, do "

15 you recall there being a disturbance in the bar area of

16 the Brasserie?

"17 A. Yes, I do."

18 Q. And do you recall roughly the time frame?

"19 A. In -- yeah, more or less. Yeah."

20 Q. And what would that have been?

21 A. You mean the time of day?

22 Q. Yes.

"23 A. Yeah, I would say it was early evening; "

24 probably early evening.

25 Q. And what was the disturbance?

27

" 1 A. Well, it's kind of a long story, so I don't "

2 know how much you want me to tell you.

3 Q. Tell us the story.

" 4 A. All right. At one point in the evening, I went "

5 out to -- behind the bar just to help the bartender

" 6 clean up some glasses, things like that. "

7 And she came to me at one point and said --

" 8 Q. I'm sorry, she who?"

9 A. Lori.

10 Q. And she was?

11 A. The bartender.

12 Q. Okay.

"13 A. And said -- I was at the register, she was back "

"14 there. And she said, I'm going to flag this guy over "

"15 here. And I said, why? And she said, just because he's "

16 being a real ass to me.

"17 And I said, well, how much did he have to "

18 drink? And I pulled up his -- all the tabs are kept on

"19 the computer. So I pulled up his tab, because the first "

20 thing I always do is see where they're at as far as

21 drinking and stuff. That kind of gives you an

22 indication of what their behavior might be or whatever.

"23 I looked at his tab, and it didn't really seem "

"24 like that was an issue, because he didn't really have "

25 enough drinks that would have told me this guy should be

28

1 really intoxicated.

2 Because I had seen him at the bar for a couple

3 of hours. He had come in earlier and just kind of had

4 something to eat and a couple of drinks and really just

5 spanned over the course of a couple of hours that I had

6 seen him sitting there.

" 7 And I said, well, what's the problem? I said, "

8 it doesn't seem to me like he's probably intoxicated

9 from what I have seen on his tab.

"10 She said, well, I don't know. He's arguing "

"11 with other patrons. She said, they're getting mad at "

12 him. He asked her at one point for his tab. She took

"13 him his tab. He said, I don't want that, I want another "

14 fucking drink.

"15 And she said that's when I told him, I'm not "

"16 going to serve you anymore, you know, just because of "

"17 the way his attitude and everything was. So I said, "

18 okay.

"19 So she took him his tab. And I said, well, is "

"20 he going to pay his tab? And she said, no, he doesn't "

21 want to pay his tab.

"22 I said, why not? And she said, I don't know, "

23 he said he just wants another fucking drink now. I

"24 said, okay. "

"25 So I went over and I asked Mr. Caterbone, I "

29

1 said --

2 Q. And is Mr. Caterbone here?

" 3 A. Yes, the gentleman right here."

" 4 MS. MUZUREUS: Your Honor, may the record "

5 reflect that he's identified STAN CATERBONE?

6 JUDGE FARINA: It may.

7 THE WITNESS: So I just approached him and I

" 8 asked him -- I said, sir, what's the problem? And he "

" 9 said, well, I don't know, you tell me. "

"10 And I said, well -- I said, as far as I know, "

11 the bartender just doesn't want to serve you anymore.

"12 She said you used some foul language and stuff with her, "

13 and you're kind of agitating some of the other

"14 customers, I said, and she just doesn't feel she wants "

15 to serve you anymore.

"16 He said, well, I'm not drunk. I said, well, "

"17 sir, it's not an issue of whether you're intoxicated or "

"18 not, I said; it's the language and the way that you're "

"19 acting towards her. And I said, you're just disturbing "

"20 some of the other patrons. I said, she just doesn't "

"21 feel comfortable, and at this point I'm inclined to "

22 believe her. I could just tell the people around him

23 were all a little agitated and stuff.

"24 So he said, okay, well, then just give me my "

"25 fucking tab. And I said, well, it's right in front of "

30

1 you.

" 2 He said, I don't want my tab, I want another "

" 3 drink. I said, well, I can't serve you another drink, I "

" 4 said, but here's your tab. Just do me a favor, you can "

" 5 come back another day and whatever, but for today, "

" 6 just -- this is get a little out of hand, so it would be "

7 better if you paid your tab and went on your way.

8 Okay?

" 9 Well, I'll pay my tab. Okay. So I said, well, "

"10 there it is, you know, just pay your tab. No, I'm not "

11 paying my fucking tab.

"12 I said, okay. Well, I'm not sure what you want "

"13 me to do at this point. I said, you have to pay your "

"14 tab. Why? I said, because we've basically rendered a "

"15 service to you, and that's just how it's done; when "

"16 you're done, you pay your tab. Well, I'm not going to "

17 pay my tab.

"18 I said, well, all right. I said, do me a "

"19 favor. I just want you to pay your tab, go on your way "

"20 and just leave; that's it, no harm done. No, I'm not "

21 going to do that.

"22 And then I said, okay. Well, look, I said, "

23 all's I'm asking you to do is just pay your tab and go

"24 on your way. I said, if you don't do that, you're not "

25 going to give me much choice but to call the police.

31

" 1 He said, I'm not going to pay my tab. I'm not "

2 going to. So what are you going to do about it? I

" 3 said, you're not really giving me a choice. I said, why "

4 do you want to get in trouble? All I'm asking you to do

5 is pay your tab and go on your way.

" 6 Well, nope, that's not going to happen. You're "

7 going to have to call the police.

" 8 I said, I don't really want to do that. I'm "

9 not trying to cause that much of a scene.

"10 If you don't call them, I'm going to. He "

11 reached down and pulled out his cell phone.

"12 At that point I said, okay, do you know what? "

"13 That's fine. I said -- I told Lori, I said, give him a "

"14 glass of water. Don't let anybody talk to him, just "

"15 keep everybody away from him, and I'll be right back. "

16 That's when I went around to the podium and I

"17 called 9-1-1. So that -- and as I passed around, "

"18 several patrons stopped me, a couple female patrons "

"19 stopped me and said, Michael, what are you going to do? "

20 You should call the police.

"21 And I said, well -- I said, he's not really "

"22 giving me a choice. I said, I think I have to. "

23 And I could kind of see they were a little

"24 upset. And I said, what's the matter? And she said, "

"25 I've been talking to him for a couple of hours, and I "

32

1 told him my name and where we work. We were having

" 2 conversation. And he was really nice at first, and then "

" 3 he got really mean and he's telling me, I'm in the CIA "

4 and I know where you live and work and all this stuff.

" 5 And she said, Michael, I know he's not in the "

" 6 CIA, but it makes me nervous because I sat here and "

7 talked to him all about myself. You should call the

" 8 police. I said, well, I'm going to call them. You can "

" 9 tell them your side of the story and everything then, "

10 too.

11 And the other issue was that he -- that another

"12 patron had stopped me, too, and said, if you don't get "

"13 him out of here, there's probably going to be a fight, "

14 which kind of surprised me. We're not that kind of

"15 bar. It's just a restaurant, you come and have a couple "

"16 of drinks, and we really rarely have incidents where we "

17 have any kind of issues.

18 Because one of the comments that I heard him --

19 that he said to a patron was -- there's a patron who

"20 comes in there. But anyway, he said -- basically, "

21 there's a patron -- there's a patron there whose son is

"22 in Iraq. And he said -- and I heard him say this, which "

23 made me inclined to believe there's going to be a

"24 problem, was there was some kind of argument over the "

"25 war in Iraq, and he said to the patron, as he turned "

33

" 1 back to me, well, I just wish George Bush and all the "

2 Marines over there would die.

3 And this is what escalated it to a point where

" 4 I finally said, somebody's got to go or there's going to "

5 be a problem. Because obviously this upset the

6 gentleman.

7 And that's when I went around --

8 Q. Who had made that statement about George Bush

9 and the Marines dying?

10 A. Mr. Caterbone.

11 Q. Okay. So you then called 9-1-1?

12 A. That's correct.

13 Q. Did the police respond?

"14 A. Yes, they did."

15 Q. Who came to the scene?

16 A. The officer sitting next to you.

17 Q. Officer Bezzard?

"18 A. Yes, sir -- ma'am."

19 Q. And what happened once the officer arrived?

20 A. I first met him outside at the doorway to just

21 kind of let him know what the situation was. He asked

22 me to point the gentleman out to him.

23 Ron and I walked around to where Mr. Caterbone

"24 was sitting. The officer said to Mr. Caterbone, Sir, "

25 can I speak to you outside.

34

1 At that point Mr. Caterbone's demeanor changed

" 2 completely, and as quietly and peacefully as he could, "

" 3 he just said, yes, sir; got up and followed the officer "

4 right outside.

5 I followed the officer and Mr. Caterbone

" 6 outside, assuming that the officer would probably have "

7 questions or something for me. And at that particular

" 8 point, the officer was by himself. And not to assume "

" 9 that he couldn't handle it, but I just felt it was "

10 probably better that somebody was there with him as a

11 witness or whatever the case may be.

12 Q. So you followed them out?

13 A. Yes.

14 Q. And what did you observe?

"15 A. Well, then as soon as they got outside the "

"16 door, his behavior became more erratic."

17 Q. Whose behavior?

18 A. Mr. Caterbone.

19 Q. Okay.

20 A. The officer basically -- first his -- the first

"21 thing he said to the officer was -- the officer said, "

22 Can I speak to you? Let's go out here; we'll talk. And

23 we all walked out the door.

"24 And Mr. Caterbone said to the officer, all "

"25 right, I'll talk to you but not in front of him, "

35

1 pointing to me.

2 So at that point I just kind of stopped back by

" 3 the doorway and left them walk up the driveway, at which "

" 4 point the officer asked Mr. Caterbone, you know, what "

" 5 his side of the story was, basically. And his behavior "

6 was a little erratic.

" 7 First he told the officer, well, I don't know "

" 8 what the problem is. And he said, well, okay, let's "

9 just figure this out.

10 I think he might have made some kind of

"11 comment, insisting to the officer that he wanted a "

"12 Breathalyzer test. He -- he kept -- in his mind, he "

13 kept thinking I believed -- that he thought it was like

14 we were -- it was about intoxication. And I think he

15 wanted the officer to test him to prove that he wasn't.

"16 The officer said, well, I don't think that's "

17 the issue. He said -- I think he mentioned that -- you

"18 know, looked at his eyes or whatever and said, I don't "

"19 feel that's the issue or whatever. He said, I think "

20 it's just a matter of you need to pay your tab. Okay.

"21 Well, I'll pay my tab. "

"22 And the officer said oh, great, let's go back "

"23 in and you can pay your tab and go on your way. No, I "

24 don't want to pay my tab. It would go back and forth

25 repeatedly like that.

36

" 1 And the officer was, I felt, extremely patient "

" 2 with him, to the point that when he finally -- every "

" 3 time he would say, I'll pay my tab and the officer would "

" 4 say, let's go back in -- this happened a couple of "

" 5 times. Mr. Caterbone then would say, no, I don't want "

6 to pay my tab.

" 7 So finally -- I couldn't see this, because, "

" 8 like, where I was standing, the officer's back was to "

" 9 me, and Mr. Caterbone would have been in front of him. "

"10 At one point, I heard the officer say, sir, "

"11 please don't touch me, as if -- probably that he was "

12 poking at him or touching him or something. And he

"13 said, well -- I don't know what Mr. Caterbone's response "

14 was; at that point he had his back to me.

"15 But then I heard the officer say again, please "

"16 don't. Sir, please don't put your hands on me. And he "

"17 said, well, I'm just trying to pay my tab. And the "

"18 officer said, well, great, let's just pay your tab. He "

"19 said, fine, I'll use my credit card. Took his credit "

"20 cards out, and the officer wanted to take him. "

"21 Mr. Caterbone said, no, I don't want to pay my "

22 tab and threw the credit cards at the police officer.

23 Q. And that you saw?

24 A. Yes. I saw him throw the cards at the

25 officer.

37

" 1 And the officer said, you're going to have to "

2 pick those up. I'm not picking those up. Like he

3 wanted the officer to bend down and pick them up.

" 4 And the officer said, sir, I'm not picking up your "

5 credit cards.

" 6 At that point, again, he just would keep "

" 7 walking away from the officer, coming back to the "

8 officer. It was really erratic behavior.

" 9 Finally, at one point, after he had motioned to "

"10 touch the officer again, like I said, which I could not "

"11 see but the officer said, please don't put your hands on "

"12 me, that's when he said, sir, would you please put your "

13 hands behind your back?

14 And I don't recall at that point if it was that

"15 he cuffed him or not, because then his response was, "

"16 well, am I under arrest? And he said, well, I'm still "

"17 basically more or less trying to determine that, but for "

18 now I feel more comfortable.

"19 You know, and the next thing I know, he was "

"20 just in the police car then, and then several other "

21 officers had arrived.

22 Q. Okay. When you were standing outside observing

"23 this, did you see any patrons coming to or from the bar, "

24 the restaurant?

"25 A. Yes. Throughout that -- that period, people "

38

" 1 were passing, you know, coming in, coming out and "

2 stuff.

3 Most people's reactions were quite not

4 understanding what was happening; just would keep on

" 5 their way, stay out of the way kind of thing. "

" 6 At one point then, once other police cars "

" 7 arrived, it kind of looked like there was a giant "

" 8 commotion. Because there's three cars, the driveways "

9 are blocked off. Traffic that comes in off the street

10 and stuff was having to back out because there's a

11 police car blocking and stuff like this.

12 So there was a lot of commotion then. A lot of

13 people were kind of curious about what's happening at

14 this point.

15 Q. And when you were outside making the

"16 observations, what was STAN CATERBONE's demeanor like at "

17 that point? Was he loud? Quiet?

"18 A. Mostly loud. Again, it would be very erratic. "

19 At one moment he would be kind of quiet. At another

"20 moment, especially when he was in the back of the police "

"21 car, he would be -- he would sit quietly for a while, "

"22 because we were outside then, writing up statements for "

23 the officers. And there were several officers there.

24 So there's a deck there that we were on. And

"25 the car that Mr. Caterbone was in, the police car, was "

39

1 sitting kind of off to that. And you would hear

2 periodically him kicking and screaming and yelling at

3 the officers. And then one might open the door and be

" 4 like, look, you need to calm down. And he would, until "

" 5 they basically shut the door, and then he would start "

6 again.

" 7 At one point we were on the deck, and he was "

" 8 taking -- a different officer was taking statements, and "

9 he kind of laughed. He was taking -- he was taking a

"10 lady's statement at that point, and he kind of just "

11 laughed.

"12 Then he apologized to her and he said, I'm "

"13 sorry, ma'am. He said, I'm not laughing at you, as he "

"14 turned down his radio, he said, but he just called 9-1-1 "

15 from the back of the police car.

"16 And we were just all kind of like, okay, this "

17 is really bizarre.

18 So he just kept shouting things back and forth

19 at the officers.

20 The entire time he insisted on being arrested.

"21 The officers -- he would tell the officers, I want to be "

22 arrested. Take me down to the station. You don't know

23 who I am. When you get me there and you take my

"24 picture, you'll find out. "

25 Just really erratic stuff like that.

40

1 Q. And you stated that you were standing by the

" 2 door at one point, and at another point you were at the "

3 deck?

4 A. Yeah. That was when we had first went out and

" 5 he had made the comment to the officer about, I'll talk "

" 6 to you, but not in front of him. I just stayed back, "

" 7 because I thought, I'm not going to agitate the "

8 situation.

9 So I just stayed back as they walked up the

"10 driveway. So they were probably 20, 25 feet from me at "

11 that point.

12 After they had put him into the back of the

"13 police car, then the officers had asked if we would "

14 write out statements. And it was actually kind of a

"15 nice night out, and to keep the commotion from inside "

"16 the restaurant, basically myself, the bartender, and I "

17 think there may have been one or two other patrons

18 basically just sat out on the back deck and wrote out

19 our statements for the police officers.

20 Q. And what was your distance at that point when

21 you were on the deck and STAN CATERBONE was in the back

22 seat of the cruiser?

"23 A. I would say -- again, it was just -- because "

"24 it's side by side, like, they are at the top of the "

"25 driveway, and the deck's here. So I would say, again, "

41

1 probably 25 or 30 feet.

2 Q. And you could clearly hear STAN CATERBONE

3 yelling and screaming?

" 4 A. Oh, yeah. "

" 5 The only thing I would add is that, at the end "

" 6 of it all and to the bitter end, in my opinion, the "

7 officers tried to give him every way out to leave

8 peaceably.

" 9 Even in the end, when they asked me if it would "

"10 be okay if Mr. Caterbone left his car there, they said, "

"11 we don't believe it's a matter of intoxication, they "

"12 said, he's just obviously upset. And with his demeanor, "

13 they didn't feel comfortable that he should drive.

"14 But they asked if they left him go, would we "

15 feel comfortable if he sat out on the deck for a couple

"16 of hours before he left. And I said, yeah, I'll even "

"17 give him, you know, anything non-alcoholic he wants "

"18 while he sits there. I said, as long as he's not "

"19 bothering my patrons or anything else, you know, just "

"20 basically minds his own business, I said, I don't have a "

21 problem with that.

"22 At one point, one of the officers, and I don't "

"23 remember which one, opened the door and basically -- he "

24 opened the door to the car and basically made that offer

"25 to him. And he basically said at that point, no, you "

42

1 take me down to jail. I want to be arrested. You're

2 going to take my picture. You don't know who I am and

3 who I know. You don't know what I know. Do you know

4 what I mean?

5 So I guess my frustration is that all the

" 6 way through, everybody tried to give him a way out, and "

7 he insisted all along the way on being arrested. And

8 that's eventually what happened.

" 9 Q. One last question, Mr. Ream. Did STAN CATERBONE "

10 eventually pay his tab?

"11 A. Yes. Several hours later, the bartender -- I "

"12 went upstairs to close up the office, and the bartender "

"13 called me. Lori called me upstairs and said, you're "

"14 never going to guess what happened. And I said, oh, "

15 what now? Because it had already been kind of an

16 eventful night.

"17 And she said, he came back and paid his tab. "

"18 And I said, who? And she said, Stanley. I said, okay. "

"19 I said, what -- I didn't know -- at this point, I didn't "

"20 understand, because the last I had seen him they had "

21 taken him to jail. So I was kind of surprised.

22 And she said he basically just walked in and

"23 said, as plain as day and calmly, just said, I'm here to "

24 pay my tab.

"25 And she said she was kind of thrown back, said "

43

" 1 okay, gave him his tab. He gave her a credit card, he "

" 2 paid it, and on his way he went."

3 MS. MUZUREUS: Thank you.

" 4 I have no further questions at this point, Your "

5 Honor.

6 JUDGE FARINA: Do you have any questions you would

" 7 like to ask on cross-examination, Mr. Caterbone? "

" 8 STAN CATERBONE: Certainly, Your Honor. "

9 CROSS EXAMINATION

10 BY STAN CATERBONE:

"11 Q. Mr. Ream, what time did you start work that "

12 day?

"13 A. I'm honestly not sure. I tend to works nights, "

14 so I would imagine I was probably in at least by three.

"15 Sometimes earlier in the day, but no later than "

16 three I would have probably been there.

17 Q. And what time does the shift change?

"18 A. Well, my shift --"

19 Q. The bar shift?

"20 A. Sure. That would be at four, 4:30."

21 Q. Did you have any discussion with the bartender

22 that was on the first shift --

23 A. You --

24 Q. -- as far as my conduct at the bar?

25 A. No. No.

44

1 Q. And do you remember her name?

2 A. I think it was -- I think it was Tonya. I'm

" 3 pretty sure it would have been Tonya, but I'm not 100 "

4 percent sure.

5 Q. Do you have a copy of this bar tab?

" 6 A. No, I don't have it. Once the tab is closed "

" 7 out, then it's just basically gone."

8 Q. Was a copy of that bar tab ever submitted to

9 the police?

"10 A. Not that I know of, but I'm not sure. I think "

"11 if there was anything, it would have been the original "

"12 tab that I gave before, like, when you didn't pay. "

"13 If anything, I would have had a copy of it at "

14 that point. But then once you returned to pay the tab

"15 and it was closed out, it would just be closed out."

16 Q. Did you ever provide a copy of the tab in

17 dispute to the police --

18 A. No --

19 Q. -- or me or anyone?

"20 A. Well, to you I did. I did --"

21 Q. When?

22 A. When you were sitting at the bar and you

23 basically said that you wanted your fucking tab. So I

"24 said, well, it's sitting right in front of you."

25 Q. You gave me the bar tab?

45

1 A. No. The bartender laid the bar tab in front of

" 2 you, and when you told me basically you wanted to pay "

" 3 your F-ing tab, I said, it's right there in front of "

4 you.

5 So you had possession of the tab at one point.

6 Q. Who first -- who first informed you that there

7 was a dispute over the number of drinks on the bar tab?

" 8 A. To my knowledge, it was never a dispute about "

9 the number of drinks on the bar tab.

10 Q. The bar manager on the second shift?

11 A. I would be -- I was the bar manager.

"12 Q. Well, who presented me with the bar tab?"

13 A. That would be the bartender.

14 Q. And who was that?

15 A. That was Lori.

16 Q. And that was not Tonya?

"17 A. No. They had switched shifts, so Tonya would "

"18 have already been gone at that point, and Lori would "

19 have been the bartender on shift.

20 They switch -- I believe they typically switch

"21 at 4:30, so I would assume that would be like any other "

22 day.

23 Q. And the reason for me not wanting to pay the

24 bar tab was not -- your testimony is that the reason for

25 me not to pay the bar tab was not because of the

46

1 discrepancy in the drinks? Is that your testimony?

" 2 A. As far as I know, yeah. Because you never "

3 mentioned -- you never mentioned that to me at all. You

4 didn't actually really give me a reason that you didn't

5 want to pay your tab --

6 Q. Why didn't I?

7 A. -- other than you just didn't want to.

" 8 Q. And neither of those bar managers, none of them "

9 disclosed a problem with the discrepancy in the number

10 of drinks on that bar tab?

"11 A. Right. But Mr. Caterbone -- Mr. Caterbone, I "

12 was the bar manager on duty. You're talking about the

13 bartenders.

"14 Q. Correct, the bartenders. "

15 A. And one bartender would have already been

16 gone.

17 The other bartender was Lori. She never

18 mentioned to me that there was a dispute about the

19 drinks; only that you got -- you kind of got rude and --

20 Q. What --

21 A. -- stuff with her.

22 Q. What -- what bartender testified at the

23 preliminary hearing?

24 A. The only bartender that I saw at a previous

25 hearing would have been -- would have been Lori.

47

" 1 Q. I have never seen a bar tab, and I'm wondering "

2 when a bar tab was ever submitted for evidence. It

3 wasn't.

" 4 MS. MUZUREUS: Your Honor, at this point I'm "

5 going to object. It's asked and answered already.

6 JUDGE FARINA: Was a bar tab used at the

7 preliminary hearing? Do you know?

8 THE WITNESS: I have not -- the only time I

9 ever saw the bar tab --

"10 JUDGE FARINA: If you know. If you know, that's "

11 all.

12 THE WITNESS: I don't know.

13 JUDGE FARINA: Okay. He doesn't know.

14 BY STAN CATERBONE:

15 Q. When Tonya left her shift --

16 A. Uh-huh.

17 Q. -- did she close out the register?

"18 A. Well, no. The register doesn't ever close "

19 out.

"20 When a bartender leaves a shift, they close "

21 themselves out. But the register -- the computer system

22 basically can run multiple employees at one time.

"23 So when Tonya would leave her shift, she would "

24 close herself out. But Lori would already be on and

25 continue.

48

" 1 If she had any tabs over at that point, she "

2 would transfer them to Lori before she left and close

3 herself out.

4 Q. Okay. How does a bartender keep track of a

5 number of drinks in your establishment?

6 A. Sure.

" 7 MS. MUZUREUS: Your Honor, I'm going to object "

8 to the relevance.

" 9 JUDGE FARINA: Well, it's obvious that he "

10 claims -- he's going to claim or is trying to claim -- I

11 may hear more evidence on it -- that there was a dispute

12 over the number of drinks. So he's trying to lay a

13 foundation for that.

14 I'll permit it.

15 THE WITNESS: Okay. Sure. When -- if you

16 walked into the -- if you walked into the bar and you

"17 ordered a Captain and Coke, they would get you your "

18 Captain and coke.

"19 They would go to the register, ring up Captain "

"20 and Coke, hit a button that says new tab, open up a tab, "

"21 and that would be your tab. If they know your name, "

22 they can put your name on the tab.

23 And then each time subsequently that you would

"24 order anything, they would just add it to your tab, and "

25 the computer keeps track of everything.

49

1 Q. They don't keep a tab in front of you and

2 mark marks on a piece of paper every time you have a

3 drink?

4 A. No. That's the old way of doing it.

5 Basically everything is computerized now.

6 Q. Do you remember how many drinks I had that day?

7 A. I recall that I saw probably at least four on

" 8 your check, but I could honestly not say for 100 percent "

" 9 sure. You had food, as well."

10 Q. And it's also your testimony that I did not

"11 seem intoxicated, correct?"

12 A. That's correct.

13 JUDGE FARINA: Did you say he also had food?

"14 THE WITNESS: Yes, he did, sir."

15 BY STAN CATERBONE:

16 Q. Do you remember the amount of the bar tab?

"17 A. I don't remember it exactly, but I would say it "

"18 was probably in, like, the mid-30s. Probably about, "

"19 like, 30, 35, in that ballpark."

20 Q. Isn't it true that I requested that the police

21 respond because I had a discrepancy in a bar tab and the

22 amount of drinks I was being charged for?

"23 A. Well, I'm not quite sure how to answer that. "

"24 Because you did insist on the police coming, but I do "

25 not recall it ever being over the discrepancy in the bar

50

1 tab. You never really told me why you didn't want to

2 pay your tab or you didn't want to leave.

3 Q. How long did our conversation take place?

" 4 A. It spanned over a couple minutes, and then Lori "

5 and I stepped to the side and kind of talked about

6 things. And then you kind of said some more things to

7 me.

8 So I would say it spanned a couple of minutes.

9 Q. Isn't it true that you were summoned by Lori

10 because I had a problem with my bar tab?

"11 A. Not that I recall, because I was already -- I "

"12 was behind the bar, like, just helping her. "

"13 Like, periodically through the night, I would "

"14 just go out and see if they're okay, if they need "

"15 anything, and clean up glasses and whatever to help them "

16 out.

"17 And as far as I can recall, that's just what I "

18 was doing when she came to me.

19 And we would have been behind the bar

20 together. I just honestly don't recall her saying there

21 was a dispute about the drinks on the tab.

22 Q. So you were behind the bar?

"23 A. At that point, yes."

24 Q. And what time of day was this?

"25 A. I honestly don't remember, other than it would "

51

1 have had to have been in the evening. I remember when

" 2 we walked outside with the officer, it was already "

3 dark.

" 4 But I honestly -- it's been so long, I honestly "

5 couldn't tell you the time. But I think it was early

6 evening.

" 7 Q. So most of the time that you're working, you're "

8 back in your office?

9 A. No. I'm always on the floor when we are

"10 operational. For dinner or whatever, I'm on the floor. "

11 We also host in the dining rooms and bar area.

"12 Q. When you first had this encounter with me, how "

13 many patrons were at the bar?

"14 A. I honestly couldn't say, Mr. Caterbone. It's "

15 been a while.

16 I can say that I remember around you probably

17 at least maybe 10 or 12 people.

18 Q. Around me?

"19 A. At the bar, like where you would be sitting. "

"20 The way the bar is set, I would say, do you "

"21 know what I mean, on either side of you. Not crowded "

"22 around you, but the same area that you were."

23 Q. Do you remember where I was sitting?

"24 A. Yes, I do."

25 Q. Where was that?

52

" 1 A. I don't know how to explain it to you, but "

2 this -- say this is where -- the bar starts here. It

3 runs in an L-shape. And you would have been sitting

4 right about here.

" 5 Q. In other words, if you walked into your "

" 6 establishment, a TV is to the left, correct, in the "

7 corner? Is that the L you mean?

" 8 A. You mean -- well, our bar has been redone, so "

9 it's not that way now. But at the time --

10 Q. Okay. Let's --

11 A. At your time.

12 Q. Let's -- at the time I was at the

13 establishment?

14 A. Sure.

15 Q. Go back to that time. Where was I seated?

"16 A. Like I said, the bar is in an L-shape like "

17 this. You would have been about the third or fourth

18 seat in from the end.

"19 And where you're saying that you were seated, "

"20 like, if you would come in our bar, you come through --"

21 Q. Right.

22 A. -- behind you to your left would have been a

23 large screen TV. In front of you and a little bit to

24 the left would have been a small screen TV.

25 Q. Okay.

53

" 1 A. And then to your right, like -- well, to your "

" 2 left, the way you were sitting, there would have been a "

3 TV to your right. Where you're sitting there would have

4 been a TV behind you. To the right of you would have

5 been a TV.

6 Q. All right. And the cash register would have

7 been six -- five or six --

" 8 A. TV, TV, TV, cash register."

9 Q. How many barstools are at that bar?

"10 A. At that particular point of that bar, about "

11 14.

12 Q. How many are on the front side of the L?

13 A. I would say at least 10.

14 Q. And there were 10 or 12 people around me?

"15 A. It was a busy night, Mr. Caterbone. Yes."

"16 Q. Well, I thought this -- what time was this?"

"17 A. Again, I told you. I could not tell you 100 "

"18 percent. I mean, probably -- if they knew when I made "

"19 the 9-1-1 call, it would give you a better time of what "

20 time it was.

21 Q. Wasn't it more like 5 or 6:00?

"22 A. Again, Mr. Caterbone, I honestly cannot tell "

23 you.

24 Q. It was not nighttime.

25 A. I know that when you and the officer walked

54

1 outside it was dark. I do know that. And everything

" 2 that took place outside, I do know that it was dark."

" 3 Q. Well, was this -- well, do you know what time I "

4 arrived at your establishment?

" 5 A. Again, it's been so long, I honestly couldn't "

6 tell you.

" 7 I mean at that point, I see people come and "

8 go. So there wouldn't have been something that told me

" 9 exactly when you came in, other than the fact that I do "

10 recall seeing you sit there for a couple hours before.

"11 Like, when you had first come in, I remember "

"12 just noticing you, because you were talking to the two "

13 women that later told me they were uncomfortable.

"14 And that typically, if I recall, was, like, "

"15 earlier in the evening. I would say it was still, like, "

16 daylight out.

17 So my guesstimate would be around 4:00 or so

18 when this occurred. I honestly am not sure.

19 Q. Isn't it true I got there somewhere between

20 1:30 and 2:00?

"21 MS. MUZUREUS: Objection, Your Honor. The "

22 witness already answered.

23 JUDGE FARINA: He said he didn't know that.

24 BY STAN CATERBONE:

25 Q. Okay. Would it be safe to say that it was

55

1 somewhere around -- between 5:30 and 6:30 that we had

2 this conversation?

" 3 MS. MUZUREUS: Objection, Your Honor. I "

4 mean --

5 JUDGE FARINA: The last time. If you know.

6 THE WITNESS: I honestly could not tell you.

7 JUDGE FARINA: All you know is that it relates to

8 the 9-1-1 call and when the police arrived.

9 How long after you had the conversation was it

"10 before the police arrived, roughly?"

11 THE WITNESS: I would say probably -- it really

"12 was not that long, maybe 10 or 15 minutes. "

13 Where we're located --

"14 JUDGE FARINA: I think once the officer testifies, "

15 he'll probably have a report and he'll probably have

16 times.

17 STAN CATERBONE: Okay. Okay.

18 JUDGE FARINA: So you can relate that to this.

"19 STAN CATERBONE: All right. Thank you, Your "

20 Honor.

21 BY STAN CATERBONE:

22 Q. Up until the time that I had a dispute about

"23 the tab, how many complaints -- did you receive any "

24 complaints from any patrons?

"25 A. Well, I just -- I don't know how to answer "

56

" 1 that, because I don't recall -- you're saying about the "

2 dispute about your tab. I don't know about there being

" 3 a dispute about your tab, because I don't recall that "

4 being the conversation.

5 I got complaints once I came -- once I came out

6 and you were out there at the bar. And once it came out

7 that you were -- that there was -- you and I had a

8 discussion.

9 And once I came out to go around to call the

"10 police, that's when different people told me different "

11 things.

12 Q. This was outside of the bar?

"13 A. No, this was right in the bar. That's when --"

14 Q. So --

"15 A. -- the complaints came to my attention, as I "

16 was going out to call the police.

17 Q. And then I --

18 A. That's when people stopped me.

19 Q. And didn't I request that you call the police?

"20 A. You did tell me if I didn't, you were going "

21 to. Yes.

22 Q. Didn't I request the bartender to call the

"23 police, not you?"

"24 A. No, not that I ever heard."

"25 Q. Well, why did I ask you to call the police?"

57

1 A. I'm not exactly sure.

" 2 Q. Well, why did you call the police?"

3 A. Because you basically caused a disturbance.

4 You wouldn't leave. You wouldn't pay. And you pretty

5 much told me to.

6 You pulled your cell phone out and said if I

" 7 didn't, you were going to. So at that particular point, "

8 I had no other way to end the disturbance.

" 9 You know, we were running a business. I mean, "

"10 at this particular point, now it's becoming a "

11 disturbance.

12 Q. Did I ask you -- who did you call?

13 A. I just called 9-1-1 and told them it was not an

14 emergency but I needed to speak to -- we needed a police

15 officer.

16 Q. Can you recite that conversation or that

17 request?

"18 A. Maybe vaguely. I mean, it's been so long, I "

19 honestly couldn't tell you what my entire conversation

20 was. I mean -- do you know what I mean?

21 Q. Can you --

"22 A. I know I basically would have called them, and "

"23 knowing that -- where we're located, I used 9-1-1 "

"24 instead of dialing directly, because sometimes later at "

"25 night or whatever, you don't necessarily call directly "

58

1 to the police.

" 2 So I called 9-1-1, told them, this is not "

" 3 necessarily an emergency, I believe. But I would have "

4 probably just gave them a synopsis of the situation;

" 5 that I had a patron that was causing a disturbance, "

" 6 didn't want to leave, and I just needed a police officer "

7 to resolve the matter.

8 So I --

9 Q. All right. I understand.

"10 Did I, at any time, complain to you about the "

11 ex-Marine standing behind me?

"12 A. Well, it was not an ex-Marine that I know of. "

13 And I don't recall you complaining to me about it.

"14 Q. Well, who was not an ex-Marine?"

15 A. I don't know. You told me there was an

"16 ex-Marine, Mr. Caterbone."

"17 Q. I said, did you hear me complain about the "

18 ex-Marine behind me?

"19 A. No, I did not, sir."

"20 Q. Well, how do you -- the gentleman that you said "

"21 was not an ex-Marine, how do you know that he was not an "

22 ex-Marine?

23 JUDGE FARINA: Let's -- we're getting very

24 confused here.

25 Are you trying to relate to his -- he said that

59

1 there was a father of a Marine who was in Iraq who

2 complained.

3 Is that what you're talking about?

" 4 STAN CATERBONE: Yes, Your Honor."

5 JUDGE FARINA: All right. Well --

6 STAN CATERBONE: That's not what the person told

7 me that day.

8 JUDGE FARINA: All right.

9 STAN CATERBONE: Okay. I understand.

10 JUDGE FARINA: I don't know who told who what.

11 Right now I'm listening to his testimony under oath and

12 your cross examination.

13 STAN CATERBONE: Okay.

14 BY STAN CATERBONE:

15 Q. Could you describe to me the complaint from the

16 individual about Iraq?

17 A. I heard you make the comment -- I heard -- I

18 don't know the whole conversation that was being had.

19 This commotion is going on as I'm trying to talk to

20 you.

21 You're turning over your shoulder and

"22 continuing to kind of, like, argue with people around "

23 you.

"24 As you're -- as you're trying to talk to me, "

"25 you turned back then at one point and talked to me, but "

60

1 then looked back over your shoulder and said to a group

" 2 of people, well, I think George Bush and all the Marines "

3 should die over there.

" 4 At that particular point, obviously, there's a "

" 5 gentleman whose son is over there, got very upset. And "

" 6 that's when he said to me, Mike, you better do something "

7 because he's really ticking me off.

" 8 And that, again, is kind of why I just thought "

" 9 at this point, it's -- do you know what I mean, I just "

"10 need somebody to get you to go on your way, because now "

11 it's just another problem.

12 That's when I walked around the bar and the

13 gentleman said something to me then.

14 STAN CATERBONE: May I enter an exhibit into

"15 evidence, Your Honor?"

16 JUDGE FARINA: What are you offering?

17 STAN CATERBONE: This is the first page of my

"18 website, and it relates to Iraq."

19 JUDGE FARINA: No. That's not going to have any

20 relevance.

"21 STAN CATERBONE: Yes, it most certainly will, "

22 Your Honor.

"23 JUDGE FARINA: Well, I'll look at it and I'll tell "

24 you.

25 STAN CATERBONE: It has on there that I support

61

" 1 Iraq, the troops and everything on my website."

2 JUDGE FARINA: That may well be true.

3 STAN CATERBONE: And I did work for the CIA.

4 That's on my website.

5 I want to know if he ever looked at my website.

6 JUDGE FARINA: Have you ever looked at his

7 website?

" 8 THE WITNESS: Not to my knowledge, no."

9 BY STAN CATERBONE:

10 Q. Did you know that I did work for the Central

11 Intelligence Agency?

"12 A. No, sir."

13 Q. You did not?

"14 A. No, sir."

"15 Q. Did you ever hear of a company, Advanced Media "

16 Group?

17 A. Not that I'm aware of.

18 Q. Did I ever discuss an association with the

19 Central Intelligence Agency in your establishment?

"20 MS. MUZUREUS: Your Honor, I'm just going to "

21 object to relevance.

"22 STAN CATERBONE: Well, he --"

"23 JUDGE FARINA: What are you -- yes, sir. The "

24 relevance -- just a minute.

25 STAN CATERBONE: They're trying to --

62

1 JUDGE FARINA: Just a minute.

" 2 Relevance means, what does it have to do with "

" 3 the charge of harassment, disorderly conduct, or theft "

4 of services?

" 5 STAN CATERBONE: Because he is -- he testified, "

" 6 Your Honor, that there was an ex-Marine there and we had "

7 a discussion. I -- I want to establish what that

8 discussion was.

9 JUDGE FARINA: He just told you.

"10 STAN CATERBONE: And he told -- Your Honor, he "

11 testified that I said I wanted George Bush and the

12 Marines to die.

13 I have evidence that my whole -- I spent years

14 and years supporting the efforts over there and I

15 supported --

16 JUDGE FARINA: But he doesn't know it. He's just

17 answered you that he doesn't look at your -- hasn't seen

18 your website and doesn't know you're in the CIA and

19 doesn't know --

"20 STAN CATERBONE: I didn't say I was in the CIA, "

21 sir.

22 JUDGE FARINA: Or whatever.

23 So those are the things that you're going to

24 have to establish yourself --

"25 STAN CATERBONE: I'm trying to, but you won't "

63

1 admit this into evidence.

2 JUDGE FARINA: -- through your own testimony --

3 STAN CATERBONE: All right. Thank you.

4 JUDGE FARINA: -- or some other testimony.

5 You can't admit it through cross examination

6 where the witness knows nothing about it.

7 STAN CATERBONE: No. I wondered why he was

" 8 biased, sir."

9 JUDGE FARINA: Proceed.

10 BY STAN CATERBONE:

11 Q. Do you remember a discussion about an ex-Marine

12 in George Cheney's office that was cited for treason a

13 day before that?

"14 MS. MUZUREUS: Objection, relevance."

15 JUDGE FARINA: Do you remember?

16 THE WITNESS: No.

17 BY STAN CATERBONE:

18 Q. When a discussion took place outside of the

"19 establishment, isn't it true that I tried to hand the "

20 officer my credit card to pay for my tab?

21 A. It's hard to say because you would say you

"22 wanted to pay, then you didn't want to pay. And then "

"23 you would -- you would flip-flop back and forth, "

"24 resulting, in the end, when you threw the credit cards "

25 at the police officer.

64

1 Q. How many -- how many -- you said I threw the

2 credit cards. How many credit cards did I throw at the

3 officer?

4 A. I honestly don't remember. I just remember

5 seeing two or three things fall to the ground.

" 6 Q. Did they fall onto the ground, or did I throw "

7 them at the officer?

" 8 A. Well, you threw them at the officer, and then "

9 they fell to the ground.

10 Q. I didn't try to hand him my credit card to pay

11 for that bar tab?

12 A. Not that I recall seeing.

13 Q. What was the purpose of me trying to give him

14 my credit cards?

15 JUDGE FARINA: Now that's a question that he can't

16 answer.

17 STAN CATERBONE: Okay.

18 JUDGE FARINA: The purpose is in your mind. All

"19 he can testify to is what he saw, and then whatever "

20 inferences that can be drawn from that.

21 STAN CATERBONE: I'm trying to --

22 JUDGE FARINA: I really think --

23 STAN CATERBONE: I understand.

24 JUDGE FARINA: I'm going to give you a little more

"25 time, but I think we're now starting to re-cover a lot "

65

1 of ground. Some of the points you're trying to make to

" 2 me, you can't make them through him."

3 STAN CATERBONE: I'm trying to establish the

" 4 accuracy of his testimony, Your Honor."

" 5 JUDGE FARINA: All right. Well, at this point he "

6 says you threw the cards and they dropped.

7 BY STAN CATERBONE:

8 Q. What happened after the credit cards dropped?

" 9 A. At that point, I think that if I recall, I "

"10 think you basically said to the officer, well, there. I "

11 want to pay my tab. And he said -- and more or less you

12 wanted the officer