SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE …cameron stephens laurendeau gabriella celeste...

KENNETH G. KNUTH, CSR NO. 3476

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA CRUZ

DEPARTMENT 6 HON. PAUL P. BURDICK, JUDGE

THE PEOPLE OF THESTATE OF CALIFORNIA

PLAINTIFF(S),

VS.

BRENT ELLIOTT ADAMSFRANKLIN CRUZ ALCANTARADESIREE CHRISTINE FOSTERBECKY ANN JOHNSONROBERT NORRIS KAHNCAMERON STEPHENS LAURENDEAUGABRIELLA CELESTERIPLEYPHIPPS,

DEFENDANT(S). __

)))))))))))

SUPERIOR COURTCASE NO. F22197, F22689,F22191, F22194, F22196,F22698, F22198

PRELIMINARY EXAMINATION

REPORTER'S TRANSCRIPT OF PROCEEDINGS

MONDAY, JANUARY 7, 2013

APPEARANCES:

FOR THE PEOPLE:OFFICE OF THE DISTRICT ATTORNEYBY: REBEKAH YOUNG701 OCEAN STREETSECOND FLOORSANTA CRUZ, CA 95060

FOR DEFENDANT RIPLEYPHIPPS:

LAW OFFICE OF BRYAN HACKETTBY: BRYAN J. HACKETT289 WATER STREETSANTA CRUZ, CA 95060

FOR DEFENDANT ALCANTARA:

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PAGE, SALISBURY & DUDLEYBY: JESSE RUBEN

FOR DEFENDANT ADAMS:LAW OFFICE OF LISA MC CAMEYBY: LISA MC CAMEY

FOR DEFENDANT FOSTER:LAW OFFICE OF SHAHEEN PORTERBY: SHANEEN PORTER

FOR DEFENDANT JOHNSON:LAW OFFICE OF DANIEL CLYMOBY: DANIEL CLYMO

FOR DEFENDANT KAHN:LAW OFFICE OF DAVID BEAUVAISBY: DAVID BEAUVAIS

FOR DEFENDANT LAURENDEAU:LAW OFFICE OF ALEXIS BRIGGSBY: ALEXIS BRIGGS

REPORTED BY: KENNETH G. KNUTH, CSR 3476OFFICIAL REPORTER

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I-N-D-E-X

WITNESS: PAGE:

LARRY RICHARDDIRECT EXAMINATION

BY MS. YOUNG7

CROSS EXAMINATIONBY RUBEN

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CROSS EXAMINATIONBY MR. HACKETT

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CROSS EXAMINATIONBY MR. BEAUVAIS

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CROSS EXAMINATIONBY MR. CLYMO

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CROSS EXAMINATIONBY MS. BRIGGS

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CROSS EXAMINATIONBY MS. MC CAMEY

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MICHAEL HARMSDIRECT EXAMINATION

BY MS. YOUNG71

CROSS EXAMINATIONBY MR. RUBEN

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CROSS EXAMINATIONBY MS. MC CAMEY

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CROSS EXAMINATIONBY MS. PORTER

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REDIRECT EXAMINATIONBY MS. YOUNG

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RECROSS EXAMINATIONBY MR. RUBEN

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RECROSS-EXAMINATIONBY MR. BEAUVAIS

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RECROSS-EXAMINATIONBY MR. CLYMO

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MICHAEL HEDLEYDIRECT EXAMINATION

BY MS. YOUNG153

CROSS EXAMINATIONBY MR. RUBEN

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INDEX OF EXHIBITS

EXHIBIT NO DESCRIPTION PAGE

PEOPLE'SEXHIBIT(S)1 & 2

PHOTOGRAPHS 9

PEOPLE'SEXHIBIT NO. 1

COPY OF POLICE POST, RECEIVEDIN EVIDENCE

11

PEOPLE'SEXHIBIT NO. 2

POST, RECEIVED IN EVIDENCE 22

DEFENDANT'SEXHIBIT G AND H

PHOTOGRAPHS, MARKED FOR ID 58

PEOPLE'SEXHIBIT(S)3 - 37

PHOTOGRAPHS 173

PEOPLE'SEXHIBIT(S)3 - 14

PHOTOGRAPHS, RECEIVED INEVIDENCE

176

PEOPLE'SEXHIBIT(S)15-36

PHOTOGRAPHS 177

PEOPLE'SEXHIBIT(S)15- 36

DESCRIPTION, RECEIVED INEVIDENCE

178

DEFENDANT'SEXHIBIT D

PHOTOGRAPH, MARKED FOR ID 208

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MONDAY, JANUARY 7, 2013; SANTA CRUZ, CALIFORNIA

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

-O0O-

THE COURT: All right. So we're back on the

record in the People versus Adams, et al. Have defense

counsel decided order of cross-examination here?

MR. BEAUVAIS: Start in the order as we're seated.

THE COURT: The order is in which they are seated.

MS. YOUNG: Okay.

THE COURT: So I've received briefs from both

sides. I have Miss Young's brief that was filed I believe

back in April or May in connection with the earlier

preliminary examinations concerning the People's legal

theories as it relates to the anticipated holding order.

I also have various briefs that have been filed

by defense counsel. Having presided over earlier

preliminary examinations, I'm well familiar with the legal

issues which we are all confronted with. So as I mentioned,

we'll deal with the sanction issue at the conclusion of the

preliminary examination.

So are the People ready with their first

witness?

MS. YOUNG: Yes. So, Your Honor, the first

witness as I noted before would be Lieutenant Larry Richard.

And he is for defendants Adams, Ripleyphipps and Laurendeau

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only.

MS. BRIGGS: Before we go on, I wanted to renew

the objection I made in my motion to dismiss regarding the

contamination of the defendant identification of my client.

I won't be attempting to sequester identification as it's

already been contaminated by all the officers that are going

to identify.

THE COURT: Objections so noted.

MS. MC CAMEY: Motion to exclude any witnesses.

THE COURT: All right. Motion to exclude

witnesses is granted. Anyone who has been subpoenaed to

testify as a witness in today's proceeding or anyone who

anticipates being called as a witness in today's proceedings

is ordered to remain outside of the courtroom until after

your testimony has been completed.

MS. YOUNG: Okay.

LARRY RICHARD

called as a witness by and on behalf of

the PEOPLE, having been duly sworn, was

examined and testified as follows:

THE COURT: Tell us your first and last name;

spell the last name, please.

THE WITNESS: Larry Richard, R-I-C-H-A-R-D.

THE COURT: Proceed, Miss Young.

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DIRECT EXAMINATION

BY MS. YOUNG:

Q Good morning.

A Good morning.

Q Who are you provided by?

A City of Santa Cruz Police Department.

Q And what's your title in the police department?

A I'm a police lieutenant.

Q How long have you been with Santa Cruz PD?

A Over 12 and-a-half years.

Q What's your current assignment?

A I'm a patrol watch commander.

Q Were you working in that capacity on Wednesday,

November 30th of 2011?

A Yes, I was.

Q And just to kind of set the scene, can you just

give us a short summary of what was happening on 75 River

Street on that day?

A I understood that there was a protest march for

Occupy Santa Cruz that had illegally entered a building at

75 River Street.

MR. RUBEN: Objection. Assumes facts not in

evidence.

THE COURT: Sustained.

BY MS. YOUNG:

Q Do you have -- did you have any involvement at 75

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River Street on that day?

A I did not.

Q Okay. So did your involvement begin on Thursday

December first of that day of that year?

A That is correct.

Q Okay. And in what capacity -- what was your task

on that day? What was one of your first tasks on that day?

A Was to negotiate with the group that had entered

the building.

Q Was that your main task?

A That was.

Q And did you have any other task with respect to

the flyers at Santa Cruz PD had created?

A That is correct; the trespass flyers.

Q Let's start with that task in particular. Where

were those -- who had created those flyers?

A I did.

Q Okay. Where were they to be posted?

A On the building itself.

MS. YOUNG: Your Honor, may I have one moment?

THE COURT: Yes.

BY MS. YOUNG:

Q May I approach?

THE COURT: Yes.

BY MS. YOUNG:

Q So /PWE you not yet the been marked for

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identification. What I'm going to show you marked for

identification People's 1 and 2; do you recognize what I put

before you?

A I do.

(People's Exhibit(s) 1 and 2, Photographs, Marked for ID)

BY MS. YOUNG:

Q What are they?

A They appear to be a copy of the flyers that I

posted.

Q Are they a fair and accurate representation of

what you generated?

A That is correct.

MS. YOUNG: Your Honor, the People would move to

admit 1 and 2.

MS. BRIGGS: Objection. Vague as to time.

Regarding December first posting.

MR. RUBEN: I object. Compound. Two flyers?

THE COURT: First of all, has defense counsel seen

the flyers that he's just identified?

MR. CLYMO: I believe two of us have. I have not.

MS. MC CAMEY: I have not either.

THE WITNESS: Your Honor, I'm not wearing my

hearing aids today. I'm going to ask if I might need

clarification on stuff.

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THE COURT: All right. We will all do our best to

keep our voices up.

THE WITNESS: Sorry.

MS. YOUNG: Let me know if I'm not speaking

loudly enough.

THE WITNESS: Okay.

THE COURT: Let's go ahead, have you lay the

foundation for these one at a time.

MS. YOUNG: Yes.

BY MS. YOUNG:

Q Let's begin with -- right now let's just focus on

People's Exhibit 1; do you recognize that?

A I do.

Q What is that?

A That's the flyer that I created on that Thursday.

Q December first?

A Correct.

Q And was that the only flyer that you posted on

Thursday?

A That is correct.

Q Okay. And was this -- at this point, Your Honor,

the People move to admit 1 only. We'll get testimony on 2

MS. MC CAMEY: Still no indication which Exhibit

is 1 or 2; there's two. There hasn't been anything other

than this is the one that's posted. They each say different

things.

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THE COURT: He just testified Plaintiff's 1 was

created on Thursday December 1 and posted.

MS. MC CAMEY: My question is which one. They

weren't marked when they were handed to us.

THE COURT: Go ahead read to us into the record

what Plaintiff's 1 says.

THE WITNESS: Okay. At the top is the City of

Santa Cruz logo with the words "City of Santa Cruz. Anyone

on this property is trespassing in violation of section 602

subsection O of the Penal Code."

THE COURT: You don't need to read the whole body.

You quote the Code section there?

THE WITNESS: That is correct.

THE COURT: How does it conclude?

THE WITNESS: Concludes with "Santa Cruz Police

Department has been authorized by the property owners to

take enforcement action for this violation. Violators need

to leave this property immediately. Anyone remaining on

this property is subject to enforcement action."

THE COURT: All right. So I'm going to admit

People's 1.

(People's Exhibit No. 1, Copy of Police Post, Received in

evidence.)

BY MS. YOUNG:

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Q At about what time are you posting these flyers?

A This one is at approximately 1506 hours 3:06 p.m.

Q And can you specify where on the building on 75

River Street were the flyers being posted?

A On each of the doors, exterior doors.

Q And is this -- is this posting being videotaped by

Santa Cruz PD?

A It is.

Q And you had noted that you had another task that

day as well; what was that?

A It was to attempt to negotiate with members of the

group.

Q Was there anyone in particular you were attempting

to contact?

A I was given information about a person known as

"Wild Cat," which was Gabriella Ripleyphipps.

MR. HACKETT: Objection. Foundation.

THE COURT: Overruled. I'm just considering it as

to his state of mind as to why he selected a particular

individual to speak to.

BY MS. YOUNG:

Q And were those kind of your main tasks on that

day?

A That is correct.

Q Okay. And did you also speak with a man who was

later identified as Brent Adams during this time period?

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A Yes.

Q How did that conversation -- where did that

conversation take place? How did it come about?

A It was on the property of 75 River Street on the

outside of the building.

Q And was this conversation videotaped by Santa Cruz

PD?

A Yes.

MS. YOUNG: Your Honor, I have video clips of this

conversation. And what I'd like to do is, it's been

provided to defense counsel. They have the time codes. It

is just for counsels purposes, video from camera two, clip

00082 dot MTS, beginning at 0423 continuing to 0918.

MS. MC CAMEY: I'm not sure a foundation's been

laid. It's my understanding this video was taken on a

different day.

THE COURT: So why don't you lay a foundation if

you can with this witness concerning what it is you

apparently intend to show to me.

BY MS. YOUNG:

Q Sure. This conversation takes place on December

first?

A That is correct.

Q Okay. And at about what time; do you recall?

A Right after I started posting the flyers. So now

3:06 p.m.

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MS. BRIGGS: Objection, Your Honor. The only

video the defense counsel's been made aware of is video that

corresponds with report regarding December 2nd. So unless

there's additional video that defense counsel still not been

provided with, I believe that --

THE COURT: At this point we're talking about two

different things. We're talking about his personal

knowledge and participation in a conversation with Mr. Adams

on December 1. And you're now making reference to a video

tape which he may or may not know whether it depicts the

conversation he's having with Mr. Adams, whether he's seen

this video before, who he knows took it, the like.

MS. BRIGGS: I may have misheard the names, that

Ms. Young was referring to as to Adams rather than

Laurendeau.

MR. CLYMO: I would also like to object. My

understanding is when we set this time for four to six

hours, when we've been coming to court, videos were not

going to be used at the preliminary hearing; that we didn't

need it. Part of that argument the videos tend to assure

she was going to use them. I'd like to inform the Court I

do think playing videos and laying foundation is going to

open up 356 issues on cross-examination. I ask that under

352 --

THE COURT: I don't recall the conversation that

there was some agreement or commitment not to use videos. I

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anticipated that videos would be displayed in one form or

another. I'm not sure what it is you're offering the video

that you just referred to for, given that he has personal

knowledge of this conversation.

MS. YOUNR: No. That's true. That is true. Let

me just clarify.

Q This conversation you're having on December first,

is this in fact -- do you recall it being videotaped while

you're having the conversation?

A There was videotape being done. I can't recall if

it was of this conversation or not but there was videotape.

Q Because you were -- when you were posting the

flyers, the procedure in and of itself was being videotaped?

A That's correct.

Q Okay. And -- well, Your Honor simply, I mean --

THE COURT: We don't need it at this point.

MS. YOUNG: Okay. And for every -- on that note,

for every video clip I've got in here I'll ask the Court to

permit them beforehand --

THE COURT: Let me inquire. Have you seen a

videotape which depicts you conversing with Mr. Adams?

THE WITNESS: I have seen it.

THE COURT: All right.

BY MS. YOUNG:

Q And can you summarize that conversation with

Mr. Adams for us?

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A Essentially I was giving him a cell phone because

he informed me that he was not the voice of the group and

that the cell phone was for me to contact anybody to

negotiate with them. And it had a wall charger with it as

well. I informed him that it would receive incoming calls,

couldn't dial out on it. And because I was not going to

enter the building with multiple people inside to

face-to-face negotiate with them for my safety. So as to

start a negotiation with hopefully somebody or the group

itself.

Q Where did Mr. Adams come from before you gave him

the cell phone?

A He was actually inside the building then came out.

Q And did you give him that cell phone in order to

give it to Wild Cat?

A Actually I gave it to him for anybody in the group

at that time.

Q And, I'm sorry, did you already know who Wild Cat

had been identified as?

A I did not have her complete name at that time. I

just knew her as Gabriella.

Q Were you able to speak with someone named

Gabriella on that -- via that cell phone that day?

A Not on that cell phone. That cell phone never had

any contact with anybody. I attempted to.

Q Again, we're just going to go in chronological

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order. Again on December first, did you eventually meet

with this Gabriella?

A I did.

Q And when and where did that take place?

A At the Santa Cruz Police Department lobby, one of

the interview rooms. It was a little after 8 p.m. I can't

tell you exactly. I think it's 8:36 p.m., 2036 hours.

Q Actually I should note for the record the person

you spoke with outside would come out of the building and

met with you and to whom you'd given the cell phone; do you

see that person in court today?

A I do.

Q Can you please state where he's seated, what he's

wearing.

A Appears to be the first bench behind the defense

attorneys. Going to be seated from my far left. He's

wearing a black vest, tie, seems to appears to have a small

goatee.

THE COURT: All right. So the record will reflect

the witness identified Miss Ripleyphipps.

MS. YOUNG: No. No, Your Honor.

THE COURT: Pardon me?

MS. YOUNR: No, that was identification of

Mr. Adams.

THE COURT: I'm sorry.

MS. YOUNG: I'd asked him to identify Mr. Adams,

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the person he met with outside of the building.

THE COURT: One more time.

THE WITNESS: Okay. The bench directly behind the

-- where the defense attorneys are sitting. The person on

the very far left with the black, looks like a black vest;

he's waiving at me now with a smile on his face.

THE COURT: All right. Identified Mr. Adams.

BY MS. YOUNG:

Q Now, you said you met with Gabriella at the Santa

Cruz PD at about the 8:36 p.m. that day?

A That's correct.

Q At that time had she been fully identified? Were

you able to fully identify her at that time?

A I think actually I still only knew her as

Gabriella or "Wild Cat" at that point.

Q For the record, do you see that person in court

today?

A I do. And actually again the first bench behind

the defense attorneys. Third person from the left. Appears

red scarf, brown scarf as well with a black jacket on.

THE COURT: Now identified Miss Ripleyphipps.

BY MS. YOUNG:

Q Was she alone or was she with anyone else?

A She was actually with another gentleman.

Q Do you recall who that is?

A Actually, I do not.

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Q And what did you tell Miss Ripleyphipps during

this particular conversation?

A During this conversation essentially the same

thing from all my conversations; that the group needed to

leave the building immediately; that the they were

trespassing. We wanted to know what their exit strategy was

at the time and we wanted to do it safely.

Q And as the kind of negotiator with Santa Cruz PD,

are you using kind of the same script each time you

negotiate with the group?

A That is correct.

Q And did you also discuss the trespass posting

flyers that you put up earlier that day?

A Yes.

Q What did you tell them?

A That that was their warning for the trespassing

section that was needed to begin with.

Q Did you also discuss the property owners

standpoint on their occupation?

A Yes. That they wanted them to leave immediately.

Q And what was Miss Ripleyphipps' response to you?

A That she needed to go back to the group and

discuss the plan.

Q Did she identify her role within the group?

A That she was essentially the spokesperson for the

group with the police department at that time.

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Q The cell phone that you had provided to Mr. Adams

to give to whoever in the group that was in charge of

negotiating, did you try calling that cell phone after this

conversation?

A I believe I did once that evening.

Q And was there someone -- did somebody answer that

phone?

A No, that phone had never been answered through the

whole time of negotiations.

Q Got it. Okay. Were you able to reach

Miss Ripleyphipps by phone later that night?

A That is correct.

Q And so on what phone number are you calling her?

Just on her personal phone?

A That's correct.

Q Okay. What time were you able to reach her?

A I believe that was about 10, 11 p.m. 2211 hours.

Q And what did she tell you during this

conversation?

A That the group had come to a consensus they

weren't leaving at this time; they wanted more negotiations.

Q And what was your response?

A Same as always; that they were illegally

trespassing; they needed to exit the facility. What's their

exit strategy.

Q And were they -- was she warned about what would

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happen if they didn't exit?

A Ya, that the police would have to take enforcement

action.

Q Was that the end of your involvement on Thursday,

December first?

A That is correct.

Q Did your involvement continue on to Friday

December 2nd?

A It did.

Q Okay. And in the same capacity, did you have the

same task that you had on December first?

A That is correct.

Q Okay. So would that include again posting flyers?

A That's correct.

Q Now, on December 2nd, did your flyers change?

A It did.

Q Tell me about that.

A I was made aware that 602(o) wasn't the only

section that could fit this occupation of the building; that

other trespassing sections might be applicable including 602

subsection M. So I was requested that the flyer be for the

whole 602 section since multiple could apply.

Q Could I address your attention to People's Exhibit

Number 2?

A You can.

Q Is that -- do you recognize that?

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A I do.

Q What is it?

A It looks like a copy of the flyer that I made on

that Friday.

MS. YOUNG: And, Your Honor, the People move to

admit People's 2.

THE COURT: People's 2 is what you created on that

day, Friday, December 2nd, you posted it that same day?

THE WITNESS: That's correct.

THE COURT: Why don't you go ahead and read the

opening of that posting

THE WITNESS: "Anyone on this property is

trespassing in violation in Section 602 of the Penal Code

which may include any of its subsections."

THE COURT: All right. Thank you. It will be

admitted.

(People's Exhibit No. 2, Post, Received in evidence.)

BY MS. YOUNG:

Q And flyer number two I'll call it, when did you

start posting that flyer?

A That one I believe was at 3:36 or 3:37 p.m. 1536

hours.

Q Where are you posting that flyer?

A Again on the exterior doors of the building at 75

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River Street.

Q And is this posting videotaped as well by Santa

Cruz PD?

A That is correct.

Q During this time did you speak with a man later

identified as Cameron Laurendeau?

A I did.

Q For the record, before we begin, do you see that

person in court today?

A I do.

Q Could you please state where he's seated, what

he's wearing.

A Again, we're on the first bench behind the defense

attorneys. Fifth person over wearing a black button up long

sleeved shirt and blue jeans.

THE COURT: All right. Record will reflect

witness identified Mr. Laurendeau.

BY MS. YOUNG:

Q And as with the day before, was this conversation

videotaped by Santa Cruz PD?

A It was.

MS. YOUNG: Your Honor, I had prepared a clip as

well. Just for the record I'll just note the time code.

It's video from camera two. Clip 00085, dot MTS. Beginning

at 0610 and continuing to 0932.

MR. RUBEN: Objection 352.

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MS. BRIGGS: Your Honor, actually prefer that the

Court does view the video as far as I think that

conversation A bit of a strong characterization.

THE COURT: Why don't you go ahead and have him

describe his personal knowledge. Then you can go ahead and

view the videotape which depicts what it is he's verbally

described to me.

BY MS. YOUNG:

Q Can you summarize this conversation for us?

A Essentially it was the same thing that I'd given

to the spokesperson for the group; that they needed to leave

the building. They were trespassing. They needed to exit

immediately.

Q Were you present when it was -- was the video

camera present when you were having this conversation?

A I believe so.

MS. YOUNG: Your Honor, with that --

THE COURT: Did he respond in any way?

THE WITNESS: I don't remember any responses from

him.

THE COURT: All right. Do you want to go ahead

and show the video.

MS. YOUNG: Sure. I can do that.

MR. CLYMO: Has this been marked as an Exhibit?

MS. YOUNG: That's a good question. The way that

I have it now is each clip is its own, its own separate

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clip. And I simply identified the time code where

particular defendants could be located. I'll leave it to

the Court's discretion on how you would like that admitted

as an exhibit. I can either provide the entire -- the

actual hard drive. I can put simply that clip on a CD or,

excuse me, on a DVD; however the Court would like it

provided for the record.

THE COURT: All right. So the raw material that

you are using to show selected clips, has it been discovered

in full to each of the defense counsel?

MS. YOUNG: Yes. This is what's on the external

hard drive that each attorney received.

THE COURT: And you're referring to it as material

retrieved from camera two; is that it?

MS. YOUNG: Yes. What I did is I identified for

counsel the path that you take in order to get to the clip.

THE COURT: So we can identify what's being

depicted and then at the conclusion of the cross-examination

we can mark it as an exhibit, everything that's been

referred to.

MS. YOUNG: Okay.

THE COURT: We'll decide in what form that will

take place.

MS. YOUNG: Okay. Fine. So what I'm going to

do, I'm simply going to show you 0610 through 0932 to the

best of my ability to start and stop at the right place.

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(Video played)

THE COURT: Could you just go back through this.

Is that Mr. Laurendeau depicted in the video clip that was

just displayed?

THE WITNESS: That's correct, Your Honor.

THE COURT: Are you also depicted in that video

clip we're seeing the back of your head?

THE WITNESS: That's correct, your honor.

THE COURT: All right. Are those tents that I'm

seeing on the lawn?

THE WITNESS: That is correct, Your Honor.


(Video continued playing)

THE COURT: That's the back of your head there

THE WITNESS: Yes, Your Honor.

THE COURT: Just for reference point, that is

appearing where? As a reference point, we're seeing the

back of Lieutenant Richard's head looking into the inside of

75 River Street; where is that between 0610 and 0932?

MS. YOUNG: Actually that's at 0604, I believe.

THE COURT: All right. Are we looking now at

Mr. Laurendeau inside the building or outside the building?

THE WITNESS: Inside, Your Honor.


MS. YOUNG: That's at 0614.

(Video played)

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THE COURT: The two pictures reflected in that

frame, are they tents outside on the lawn or are those more

tents inside the building?

THE WITNESS: I believe those are reflections,

Your Honor.

THE COURT: Go ahead.

MS. YOUNG: Okay. Continuing.

(Video played)

THE COURT: There are two officers depicted in

that frame.

THE WITNESS: That's Sergeant John Bush and

myself.

THE COURT: And yourself?

THE WITNESS: Yes.

(Video played)

BY MS. YOUNG:

Q I'm going to back up for a second. Did you see

the man in the video who came out in sunglasses?

A I did.

Q Let me back up.

A I did.

Q Okay. Do you know who that is?

A Yes, that's the defendant Cameron however you

pronounce his name. I don't want to butcher it.

Q Laurendeau?

THE COURT: And what portion of the clip is this?

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MS. YOUNG: 0843.

THE COURT: As the two of you are walking past each

other is this when you advised him to leave the building;

that he was trespassing and needed to leave immediately

THE WITNESS: I believe so and also believe he

stopped at some point.

BY MS. YOUNG:

Q I'm sorry. I missed that.

A I believe he stopped at some point.

Q I'll continue playing.

(Video played)

Q Is that the end of the conversation where

Mr. Laurendeau was present?

A Yes.

Q Stop at 0950. And during this day, again going in

chronological order, on December 2nd, were you able to

contact Miss Ripleyphipps by cell phone?

A I was, yes.

Q Again on her personal cell?

A Yes.

Q When did that takes place?

A Approximately 1611 hours, 4:11 p.m.

Q What did she tell you at this point?

A That the group was still meeting and discussing

their plans.

Q And what did you tell her?

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A Same as always; that they needed to leave

immediately. They're illegally trespassing. What's their

exit strategy? The police didn't want to see anyone get

hurt.

Q At some point during this day was the power to 75

River Street turned off?

A It was.

Q Do you know about what time?

A It was between our two conversations when I

learned about it somewhere between 1611 hours, I believe --

MR. RUBEN: Objection. Foundation. Hearsay.

THE COURT: Overruled.

THE WITNESS: 1611 hours which is 4:11 p.m. to I

believe our recontact was around 6:32 p.m., 1832 hours.

BY MS. YOUNG:

Q That brings me to my next question. Did you have

another phone call with Miss Ripleyphipps?

A I did.

Q What time was that?

A About 6:32 p.m., 1832 hours.

Q What did she tell you at this point?

A That I believe that they were still meeting at

that point as well discussing what their plans were.

Q And did you call her later on that night?

A I did.

Q I believe it was around 8:17 p.m., 2017 hours?

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Q And what did she tell you at this point?

A That they, I believe due to the power and other

things that they were going to meet again the next morning.

Q For what end?

A To discuss further what they were going to do.

Q And did they have a deadline when they'd make that

decision as to whether or not to leave?

A You know, I don't recall right.


A They were illegally trespassing. Everyone needed

to leave immediately; that police would be required to take

enforcement action.

Q And was this the end of your involvement on

December 2nd?

A That's correct.

Q Okay.

THE COURT: Let me just clarify. When you had the

conversation with her first at 6:32 then another

conversation at 8:17, did she tell you she was inside the

building?

THE WITNESS: She did not.

THE COURT: Did you visualize her as you were

speaking in the phone, inside the building?

THE WITNESS: I did.


BY MS. YOUNG:

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Q And did she actually, to clarify that during that

8:17 conversation, did she clarify whether or not the group

had left or were they still there, according to her?

A You know, I would have to look at my notes, if I

have anything. But I don't recall. I assume they would

still be there.

MR. HACKETT: I don't mean to interrupt here. I

just need a little clarification. When you asked the

officer if he visualized Miss Ripleyphipps in the building,

I want to be clear that was in his head, not with his eyes.


THE COURT: All right. So my question is: Did

you see her talking to you on the phone while you were

engaging her in conversation on the telephone?

THE WITNESS: I did not.

THE COURT: You were not present at the location

when the phone conversations were occurring?

THE WITNESS: I was at the PD for each of the

phone conversations I had with her.

MR. HACKETT: Thank you, Your Honor.

BY MS. YOUNG:

Q Did your involvement continue on Saturday,

December third?

A It did.

Q And did you try calling Miss Ripleyphipps again on

that day?

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A I did.

Q Did she answer? Did you have a conversation at

that time?

A We did not have a conversation that morning.

Q Did you go back to 75 River Street on that day?

A I did.

Q At about what time?

A 11:50 a.m., 1150 hours.

Q What did you do when you got there?

A Again posting flyers.

Q And during the time, did anyone contact you when

you were posting those flyers?

A Actually believe Miss Ripleyphipps.

Q Was she alone or was see with anyone else?

A She was with another gentleman.

Q And do you remember that -- do you remember who

that was?

A He identified himself to me as Kelly. Later I

learned it was a gentleman by the name of Daniel Walters, I

believe.

Q And did you have a conversation with

Miss Ripleyphipps?

A I did.


A Same thing. That they were illegally trespassing.

They needed to leave the building immediately. What was

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their exit strategy. The police didn't want to see anyone

get hurt.

Q And was that the extent of the conversation? Did

she leave after that? Where did she go?

A I don't know. I left after that conversation.

Q This Daniel Walters person who called himself

Kelly, did you speak with him as well?

A It was part of the same conversation.

Q And was she present for that conversation with

Mr. Walters?

A I believe so.

Q And did you put anything --

A Same thing. They needed to exit. They were

illegally trespassing. The police would take enforcement

action.

Q Was there any response that he had?

A You know, I'd have to look at my notes for that

one. I do not recall. I know there is something.

Q Would it refresh your recollection to review your

report?

A It would.

Q Do you have that? Do I need to provide it?

A I actually have a copy of my report.

Q If you can take a look, let us know when you've

been refreshed.

THE COURT: You can do that.

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THE WITNESS: Thank you, Your Honor. I don't see

what he told me inside my notes.

BY MS. YOUNG:

Q I'm sorry?

A I do see a brief conversation with he had engaged

me in my notes.

Q Does that refresh your recollection?

A It does.

Q What did he tell you?

A Essentially there was damage inside the bank; the

group should leave.

Q And did you speak after this conversation with

Miss Ripleyphipps at about, I guess it was about 1150 or

what time was this conversation?

A It was around 1150 hours.

Q Did you have another conversation with her?

A I did.

Q And about what time did that take place?

A That would be one of the ones I'd have to refer to

the notes for the time.

Q Okay. If that would refresh your recollection.

THE WITNESS: Your Honor?

THE COURT: Go ahead.

BY MS. YOUNG:

Q Just for the record, when you say "notes," you're

talking about your report?

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A That's correct.

Q Okay.

A I did -- it was 1427 hours which would be 2:27

p.m.

Q And what did Miss Ripleyphipps tell you at this

point?

A That the group needed 24 hours to leave the bank

and that at this point they had made their point and that

they were going to cease their illegal activity.

Q Did she tell you anything about the condition of

the building, what needed to be done?

A They needed 24 hours to clean up.


A That they needed to leave immediately.

Q And was there response or was that just the end of

the conversation?

A I believe they wanted the 24 hours and we ended

the conversation.

Q And did you talk to her later on that day?

A Again, I would have to review my report.

Q Please.

THE COURT: Yes, you can do that.

THE WITNESS: Yes, I did.

BY MS. YOUNG:

Q At about what time?

A 1627 hours, 4:27 p.m.

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Q And what did Miss Ripleyphipps tell you at this

time?

A That they were still continuing to clean up.


A That the group needed to leave immediately; that

they were trespassing.

Q And did you end up going back to the building

later on that day?

A I did.

Q About what time was that?

A 2213 hours, 10:15 p.m.

Q What did you do when you got there?

A What appeared to me to be a vacant bank building.

Q Were you able to enter the building at that time?

A I did after fire department came to get me in.

Q Were you able to confirm that there wasn't anyone

within the building?

A I did confirm that.

MS. YOUNG: All right. Thank you.

THE COURT: Anything further?

MS. YOUNG: No, Your Honor. Thank you.

THE COURT: Cross examination.

MR. RUBEN: Thank you, Judge.

CROSS EXAMINATION

BY RUBEN:

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Q I just wanted to ask you clarification questions

regarding the video clip that we looked at, still up there.

First, I didn't hear verbal -- were you making

verbal commands for people to leave the building during that

day?

A I was telling them, informing them of the flyer

that they needed to exit.

Q You were directing them to the flyer?

A Yes.

Q And then I also -- I pulled out what I believe are

quotes. I want to make sure I had the words right. "Let me

know what you're exit strategy is"?

A That's correct.

Q "Give me a call"?

A I don't think it was "give me a call." "Let me

know your exit strategy"; they're not together.

Q Okay. Did you see or hear with your own eyes or

ears a man named Mr. Franklin Alcantara during your

involvement in this case?

A No.

Q So then assumedly you didn't see him enter any

agreements, have any knowledge of him entering into any

agreements?

A No.

Q Did you see or hear any of the following things

happen at 75 River Street. I'll just give you a list. You

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can answer "yes" or "no" as we go; okay? Did you see anyone

break into a lock box that contained keys to the building?

A No.

Q Did you see anyone using keys to gain entry into

the building?

A No.

Q Did you see anyone entering the building?

A On which dates?

Q At any time.

A Yes.

Q Could you you estimate how many?

A People? You have to look at the videotape; those

are the ones that I saw.

Q Let me be clear. What you saw with your own eyes,

how many people did you see entering the building, an

estimate?

A Probably between 10 and 20 over a three day

period.

Q Okay. Then you also reviewed video?

A I didn't review all of it.

Q Did you review some of it?

A Yes.

Q Did you see other people entering in those videos?

A Same people.

Q Same people?

A Uh-huh.

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Q Did you see anyone posting signs or banners?

A No.

Q Did you see people remaining in the building after

being given verbal warnings to leave?

A The ones that stayed in the building -- I dind't

give them verbal commands. I guess the answer's no to that.

Q Did you see anyone physically blocking the entry

of the police into the building?

A Yes.

Q That depicted in this video?

A Not that video right there, no.

Q But in that video actually there's an open door

people coming out of it?

A There is.

Q And those people, did they say anything to you

saying, "No, you can't come in"?

A No.

Q Did you see people bringing items into the

building?

A Just what they were carrying; maybe backpacks and

other stuff.

Q Okay. Did you see people barricading doors or

windows?

A Yes, I did.

Q Okay. Were you able to identify any of them?

A No.

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Q How many people were you able to -- well, I'll

leave it at that.

Besides, you mentioned backpacks kind of

personal effects, besides that, can you tell us what you saw

people bringing into the building?

A No.

Q Did you witness or hear any meetings being

conducted inside the building I assume?

A No.

Q Did you see anyone repurposing or relabeling a

room in the building?

A No.

Q Did you see people gaining access to the roof?

Let me be clear. Not did you see people on the roof. Did

you see people gain access to it?

A Thank you. No.

Q Did you see somebody posting another person on the

roof?

A No.

Q Did you see people hoisting buckets of rocks on to

the roof?

A No.

Q Did you see people using the utilities inside the

building? I assume they had the lights on.

A Other than that, no.

Q Okay. But did you actually see someone turning on

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the lights?

A No.

Q Did you see someone messing with the electric box?

A No.

Q Did you see somebody, like if I'm going to

repurpose the electrical guy turn it on?

A No.

Q Okay. In fact you guys cut the utilities off;

correct?

A I don't know who cut them off.

Q You don't? It wasn't a police action?

A Not to my knowledge.

Q Okay. Thank you. Now, we're back to this idea of

who comes in and out of the building. Did you see people

preventing people from coming into the building?

A Just me on the first day.

Q On the first day that you're not invited?

A No, they were putting a desk and things front of

the door that you saw people exiting and leaving on day two.

Q Those would be the people you weren't actually

able to identify later at 4:30?

A That's correct.

Q Okay. And did you actually see anyone painting a

slogan or writing?

A No.

Q Okay. So now specific to Mr. Alcantara, are you

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familiar let me use the term broadly vandalism; does that

make sense to you?

A It does.

Q So did you see or hear with your own eyes, with

your own ears, mister -- any acts of vandalism actually

being committed?

A Did I see it? No.

Q Okay. And then therefore obviously not by

Mr. Alcantara?

A No.

Q And you've seen you believe to be, I guess, a

product of vandalism?

A When I went into the building on the night of

December third, Saturday when I cleared the building, yes.

Q Okay. But did you see or hear any evidence that

Mr. Alcantara himself was aware that somebody had committed

these acts of vandalism?

A No.

MS. YOUNG: Your Honor, I'm sorry. I just to, to

be as clear as possible. Lieutenant Richard is, the only

testimony that he's here for is for defendants Adams,

Laurendeau and Ripleyphipps. The other attorneys if they

want but their clients, I'm going to tell you he's not going

to be able to answer that.

THE COURT: Given he's not being offered for that

purpose, what you're engaging in then would be discovery.

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So

MR. RUBEN: It was going to be a limited amount of

questions to the counts charged and witness called at the

prelim. If the Court's telling me you want me to

discontinue --

THE COURT: Why don't we wait until the person

that are called to identify your client.

MR. RUBEN: If I could just ask a last question.

Q Are you familiar with what these people, what

these folks are charged with?

A I have and idea, yes.

Q Okay. Do you have any evidence that Mr. Alcantara

violated any laws?

A No.

MR. RUBEN: Thank you. No further questions.

THE COURT: All right. So, Mr. Hackett. Let me

just go back. Hang on before we go to Mr. Hackett, you

indicated in response to one of Mr. Ruben's questions that

you didn't give a verbal command to persons who ended up

staying in the building. And I thought I heard you say you

did give verbal commands to at least Gabriella Ripleyphipps

and Mr. Laurendeau to leave the building.

THE WITNESS: The question I understood from him

was verbal commands to people who I saw inside the building

at the time to leave. Each person I gave it to, as you can

see, Your Honor, were outside the building or on a cell

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phone at that time. So I didn't verbally see them in the

building.

THE COURT: Am I understanding correctly then you

did not give a generalized verbal command to the group in

the building? You merely engaged specific individuals?



MR. RUBEN: If I can ask a followup question? I

assume actually obvious given the answer, you didn't have

that conversation with Mr. Alcantara?

A No

MR. RUBEN: Thank you.

THE COURT: Mr. Hackett?

CROSS EXAMINATION

BY MR. HACKETT:

Q With the Court's permission, I'll question while

seated.

THE COURT: Yes.

BY MR. HACKETT:

Q Bryan Hackett on behalf of Gabriella Ripleyphipps.

Good morning, lieutenant.

A Good morning.

Q How are you doing this morning?

A So far so good.

Q I'll try to be brief. I want to go through a

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little bit of testimony that we've heard already this

morning.

So December first, 2011 was the first time you

were at 75 River Street or involved at 75 River Street?

A That's correct.

Q Okay. And I understand your main task was to -- I

thought I heard you say was to negotiate with the group that

had entered the building?

A That's correct.

Q Okay. And obviously at the end of that hopefully

to facilitate some sort of peaceful and uneventful exit from

the building?

A That's correct.

Q Okay. And you also had -- you also had some

flyers you were placing on the outside of the doors?

A That's correct.

Q Now, you at one point said that you were given

information about Wild Cat. Who did you receive that

information from?

A Officer Dan Forbus.

Q Forbus? Okay. And then you provided basically in

an effort to facilitate this discussion or conversation or

negotiation you provided a cellular phone to someone outside

the building?

A That's correct.

Q And said here's the phone and charger; give it to,

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you know, I will call it basically?

A Yes.

Q It only received calls?

A That's correct.

Q And to your knowledge that phone was never given

to Gabriella Ripleyphipps?

A Not to my knowledge, no.

Q As a matter of fact, you called that phone a

number of times but never spoke with anyone?

A That's correct.

Q Okay. And when you met with Miss Ripleyphipps on

December first at roughly 8:36, that was at the Santa Cruz

Police Department; correct?

A That's correct.

Q Okay. And she came there voluntarily?

A That's correct.

Q And she was accompanied by someone else?

A That's correct.

Q And you don't know who that was?

A He gave a first name, I believe, I don't recall.

But they were weren't worried about identifying themselves

at this point.

Q Okay.

A He wasn't the main spokesperson. Gabriella

informed me she was.

Q But he participated in that conversation?

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A He had some questions, I believe.

Q Is he in the room?

A I have no idea.

Q Okay. Now, you used the word spokesperson but in

your report a number of times you used the word liaison.

Sort of interchangeable?

A For me they are, yes.

Q Okay. Now, you went through a number of times

where you were provided a cell phone number that you called

and spoke with someone on the other end?

A That's correct.

Q And this was not the phone that you gave to

someone to bring inside the building?

A That's correct.

Q Okay. And so on December 1st at roughly 10:21 you

spoke with someone at the number Officer Forbus provided

you?

A That's correct.

Q And you really can't confirm one way or the other

who that was?

A I'm not a voice recognition expert.

Q Whoever it was, you can't confirm where they were

when they called?

A That's correct.

Q And assuming for the sake of argument that

Miss Ripleyphipps was the person on the other end of that

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phone and you met her at the police station, if I'm

understanding the role of police liaison, you were basically

giving her information to tell the people in the bank?

A That's correct.

Q Making clear to them what your view of the

situation was?

A That's correct.

Q And that you wanted to facilitate a quick,

painless exit from the building?

A That is correct.

Q And her role was then to convey that information

to the people in the building?

A That is correct.

Q Through whatever means were at her disposal?

A That is correct.

Q Like maybe a cell phone?

A That is correct.

Q Okay. So you had no information that she was

actually involved in any decision-making process whatsoever;

correct?

A That is correct.

Q She was just a messenger?

A That is correct.

Q All right. Now, when you did go to the bank again

-- when I say "the bank," I'm referring to 75 River Street,

obviously on December 2nd at roughly 1537 hours, you had

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that brief conversation we saw the video, she -- you were

told she's not there?

A That's correct.

Q Okay. And then you had a conversation via

telephone with her at, if I had it correct, 1832. I'm just

kind of walking through chronologically here the questions

and testimony you gave. That the next contact you had with

her was -- I'm sorry 4:11 on December 2nd?

A Uh-huh.

Q She informed you that the group was still meeting

and discussing plans?

A That's correct.

Q You don't know where she was when you talked to

her on the phone?

A That is correct.

Q And you don't know if she was involved in that

discussion of plans?

A That is correct.

Q Okay. And then at 1832 you had another

conversation with her via telephone again; correct?

A That's correct.

Q And she informed you basically the same

information, the group is still meeting and they're

discussing the plans?

A That's correct.

Q You don't know where she was at the time?

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A That's correct.

Q You don't know if she was involved in the

discussion at all?

A That's correct.

Q Okay. And then on December 3rd of 2011, you did

have personal contact with Miss Ripleyphipps but that was

outside of the building?

A That is correct.

Q And you said you didn't know where she went after

that?

A No.

Q Okay. She was still outside of the building last

time you saw her?

A That's correct.

Q Then on December 3rd again at 1427 hours, you have

another telephone conversation with her?

A That's correct.

Q And again all of these telephone conversations are

happening not on the phone that you provided to be brought

into the building?

A That is correct.

Q Okay. So this final conversation you had with her

on December 3rd she says basically the group is packing up

and leaving?

A That's correct.

Q So essentially your and her efforts to assist a

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smooth and painless exit from the building are ultimately

successful?

A That is correct.

Q Okay. And just a quick clarification on something

the Judge asked you at the end. He asked you about giving

verbal commands. And any verbal commands you gave to

Miss Ripleyphipps were (A) given to her outside the

building; correct?

A That's correct.

Q And were largely designed to have her convey to

those inside the building, whoever they were, to get out?

A It was for everyone in the building.

Q In the building; okay.

MR. HACKETT: I have nothing further of this

witness, Your Honor.

THE COURT: All right. And let me just ask some

clarifying questions. How did you set up? Was the meeting

where she came to the Santa Cruz Police Department office

something you set up with her or did she just show up?

THE WITNESS: She actually just showed up.

THE COURT: And where did you get this phone

number that you engaged in these conversations with her?

THE WITNESS: Someone gave it. I assumed it was

her, to Officer Forbus on the night of the original

occupation which would have been Wednesday.


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MR. HACKETT: I'm going to object as to vague and

foundation.

THE COURT: Sustained. All right. Mr. Beauvais?

///

CROSS EXAMINATION

BY MR. BEAUVAIS:

Q Good afternoon, lieutenant.

A Good afternoon. Good morning.

Q Did you work at all on November 30th?

A I did.

Q Were you -- you weren't involved in any of the

planning with regard to the police response on this incident

on November 30th?

A I was dealing with something else on that day; I

can't recall exactly but I did not get involved with any of

the stuff of the occupy.

Q Who was the person who was primarily in control of

the police response on November 30th?

A Lieutenant Colleen McMahon.

Q I'm sorry?

A Lieutenant Colleen McMahon.

Q Was there any -- were there any meetings of police

officials that you participated in either on November 30th

or December first regarding the incident taking place?

A From my recollection -- from my report it was that

Thursday morning regarding the plan. Was there meetings

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Wednesday, November 30th? That's very possible. I don't

recall at this point.

Q Do you recall being in a meeting on Thursday?

A I do.

Q Okay. And who else was in the meeting?

A Deputy Chief Steve Clark.

Q This where the plan was formulated to post the

notices?

A That is correct.

Q What other plans were made at that time?

A For me to negotiate with the group because of my

experience in that area.

Q Anything else? Do you know approximately what

time this meeting took place?

A No, I do not.

Q Were there any writings ever generated to

memorialize that meeting?

A No.

Q Were there any outside agencies involved in

planning for police response?

A Are you going to give me dates? On Thursday?

Q At any time.

A Yes, I believe so. I wasn't involved in those

meetings so I don't know.

Q What agencies were involved?

A Well, we're talking about government property

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that's on the outside. I assume Santa Cruz Sheriff's

Office.

Q Anyone else?

A Again, since I wasn't involved in meetings with

outside agencies, you're asking me to speculate.

Q Whether you were personally involved or not, what

do you know about or what have you heard about it?

MS. YOUNG: Your Honor, beyond the scope.

THE COURT: Yes, sustained. Requires him to

speculate as well.

BY MR. BEAUVAIS:

Q Did you personally make contact with any

representative of Wells Fargo regarding lack of intent to be

in the building?

A I did not.

Q Do you know who did that?

A I believe the original trespass stuff came from --

I was told by Deputy Chief Steve Clark.

Q Of what?

A That the officials wanted the people out

immediately.

Q "Officials" meaning the Wells Fargo people?

A That's correct.

Q Do you know when they communicated that

information to the police department?

A No, I do not.

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Q You don't even know what day that happened?

A Well, since I was informed on it on Thursday

morning, December first, I'm going to assume it was either

Wednesday night when the initial occupation happened or some

time within that 24 hour period.

MR. BEAUVAIS: I have nothing further.

THE COURT: Mr. Clymo?

CROSS EXAMINATION

BY MR. CLYMO:

Q Daniel Clymo on behalf of Becky Johnson. So I'm

clear, you did make posters on 75 River Street on November

30th?

A That's correct.

Q The first posting you -- it was on December first;

is that correct?

A That's correct.

Q And I think on that date, on December first, how

many people did you observe to be inside the bank?

A Probably about 10 to 20.

Q Was there people congregating outside the bank

facility?

A There was.

Q How many people did you observe outside the bank

on December first?

A About the same, 10 or 20 that was coming and

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going.

Q Total between 20 and 30 people you saw that day?

A That would be correct.

Q And you indicated you -- on December first you

could -- I believe Exhibit 1 flyer up around the building?

A That is correct.

Q If understood, you put it on the doors?

A That's correct.

Q How many doors did you put the flyer on?

A Eight.

Q And when you went back on December 2nd, you posted

Exhibit 2; correct?

A That's correct.

Q How many people did you observe inside the bank on

December second?

A About the same; about 10 or 20.

Q Same amount of people outside the bank?

A Outside I think was a little less at this time but

same range.

Q To your knowledge, did Santa Cruz Police

Department never had to do any enforcement action; correct?

Whoever was inside the bank left voluntarily; correct?

A Okay. To my knowledge, which is what you're

asking, Wednesday, November 30th, there was enforcement

action attempted to take to get people outside the bank. I

was not involved in that enforcement action, but I can tell

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you that there was enforcement action on that date.

Q Were you involved in any enforcement action?

A I was not.

Q Now, when you were at the bank on December first,

December 2nd, December 3rd, you never saw Becky Johnson

there; correct?

MR. CLYMO: Thank you.

THE COURT: Ms. Briggs?

MS. BRIGGS: Alexis Briggs for Mr. Laurendeau.

CROSS EXAMINATION

BY MS. BRIGGS:

Q Good morning, lieutenant. You returned on

December 2nd to post notices; correct?

A That's correct.

Q And the purpose of that was to serve as notice to

people arriving they did not have permission to be present;

is that accurate?

A And for people inside the bank.

Q And for people inside the bank.

A Uh-huh.

Q To be given notice?

A Uh-huh; correct.

Q So those flyers served as notice absence of law

enforcement presence?

A That is correct.

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Q And when you returned on December 2nd, were the

flyers that you posted on December first still on the doors

that they'd been posted on?

A There were some left and some gone. So --

MS. BRIGGS: If I may approach?

THE COURT: Yes.

MS. BRIGGS: I have two paragraphs marked Defense

Exhibit G and H.

(Defendant's Exhibit G and H., Photographs, Marked for ID)

BY MS. BRIGGS:

Q Lieutenant, do you recognize these photographs,

stills from the videos that we just played?

A Yes.

Q Do they appear to be accurate representations of

how the building appeared that day?

A It does.

Q And on -- did these appear to be the doors that

you observed Mr. Laurendeau exit?

A For Exhibit H?

Q Yes.

A No.

Q They do not?

A No.

Q Which doors are those?

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A Those are the doors on the back of the bank that

are completely barricaded so no one can come in or out of --

Q Exhibit G represents the doors that you observed

Mr. Laurendeau come out of?

A That's a possibility, yes.

Q And does it appear that the flyers posted on

December first are still there?

A Pieces.

Q Pieces. Are they legible pieces?

A No.

Q Do they contain any of the important writings?

A No.

Q So it would appear at least as to that set of

doors, there was no notice remaining?

A That's correct.

Q And that was your purpose there to replace notice?

A That's correct.

Q When you observed Mr. Laurendeau inside the

building, did he appear to be observing law enforcement

posting notices?

A He was watching us do what we were doing.

Q He was observing you?

A Appeared that way, yes.

Q And then he exited the building?

A He did.

Q And did he remain, to your knowledge, after being

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informed?

A I don't know.

Q So the best of your knowledge, he was simply

attempt to assess the legality of being present in the

building?

MS. YOUNG: Objection. Calls for speculation.

THE COURT: Sustained.

MS. BRIGGS: Your Honor in -- sorry.

BY MS. BRIGGS:

Q In your report, Lieutenant Richard, you do make

conclusions about his purpose being present; correct?

A I would have to refer to my report to look at

that.

Q All right. At any point did Mr. Laurendeau speak

to you?

A If you look in the film, looked like he mouthed

something to me. I don't know what he said. I don't know

if any of us could hear what he said. I don't know if it

was verbal reaction or not when we reverse paths on the way

out, you can see his mouth open. I can't hear what he's

saying. I know at that point I'm telling people they need

to leave; they're trespassing. I don't know what he's

saying back if there's anything that he actually says back

but it's very brief. Other than that, I don't recall

anything.

Q In fact in that video doesn't appear that he was

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trying to calm down someone aggressively engaging you?

A No, he's actually telling them not to give me any

further information if you look at video.

Q I'm sorry.

A They're giving me information. He's telling them

that they need to stop, Gabriella's the one giving me

information.

Q I'm sorry. Didn't you just say he didn't utter

anything in your presence?

A No, to me.

Q To you. So what is the content of the statement

that you're alleging that he made?

A He was talking -- someone's trying to give me

information.

Q There are quite a few individuals in various

shots, there are quite a group gathering as you're informing

people.

A Right.

Q So which of those individuals? Person that

stepped outside of them or one of the two people that you

were directly engaged with?

A The one that's stepped outside of them, one he

turned to and said something to.

Q What was that individual saying?

A He was given me some -- I believe he was giving me

information just and he calmed him down saying that

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Gabriella's the spokesperson. Someone else is the

spokesperson.

Q I'm sorry. On the clip that was played, I didn't

hear Gabriella's name mentioned at all?

A Then we'd have to look at the clip. From my

recollection from my knowledge of that day, they were trying

to say something to me and he cut them off from saying it.

Q That part I believe was represented.

A Okay.

Q I don't believe that either -- how you're now

characterizing that conversation contained anywhere in the

report that you made near the time of the incident?

A I do not believe it is.

Q Okay. At any point that you know of did

Mr. Laurendeau return to the building after this moment in

the video?

A Not that I know of.

Q Do you have any knowledge what time he may have

arrived at the knowledge?

A I do not have that knowledge.

Q Do you have any basis to believe his presence wa

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