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Documenti di Professioni
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_______________________________
5 COMMONWEALTH OF PENNSYLVANIA :
:
6
vs.
: No. 2843 - 06
:
7 STANLEY J. CATERBONE
:
_______________________________:
8
9
10
11
JURY TRIAL
VOLUME I
12
Before: Louis J. Farina, President Judge
13
Date : Monday, December 4, 2006
14
15
16
17
18
19 APPEARANCES:
20
21
22
23
24
25 ORDERED: 1/11/07
LODGED: ______
FILED:
2
1
2
PROCEEDINGS
(3:15 p.m.)
19
23 Your Honor.
24
25 at a time.
3
1
15
22
25
4
1 asked you?
2
10
15
16
23
24
25 choices.
5
1
Mr. Caterbone --
12
13
14
15
16
6
1 this, Miss Muzureus. What happened? Was his bail
2 revoked?
3
15
16 Your Honor.
17
7
1
3 meeting I did attend, and they lied and said I did not
4 attend it. That's why they revoked my bail.
5
11 that issue.
12
13 summary charges.
14
15 right to discovery.
16
18
21
22 the theft of services. So there is -- there is no -23 there is no right to discovery on summary cases.
24
25
8
1 proceed.
2
8 file?
9
STAN CATERBONE: He --
17
18
21
22
23
9
1
6 with anybody?
7
9 is -10
11
12
16
17
18
19
20
10
1
2 that's -3
14
17
23
11
15 who -16
17
20
21
22
12
1
20 preliminary hearing?
21
22 paid bill.
23
13
1
7 me -8
12
13
23 hearing.
24
25
14
1
10
17
18 I can't -19
20
15
1 in the file.
2
18 statements?
19
16
1 Blower's Act, and things like that.
2
3 the contents.
4
10
11
12
17
1 at 1250 Fremont Street.
2
14
17 trial done.
18
19
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
15 Honor?
16
17
18
19 lingering in there.
20
21
19
1
7 Department -8
10
11 wouldn't -12
15 Honor?
16
17
18
19
20
21
22
23
24
25
20
1
2
"
3
4
5 _______________________________
COMMONWEALTH OF PENNSYLVANIA :
6
:
vs.
: No. 2843 - 06
7
:
STANLEY J. CATERBONE
:
8 _______________________________:
9
10
11
12
JURY TRIAL
VOLUME II
"13
"14
15
"16
17
18 APPEARANCES:
"19
20
21
22
23
24 ORDERED: 1/11/07
25
21
LODGED: ______
FILED:
INDEX TO WITNESSES
3 Michael Ream
25
43
--
--
4 Roy Deck
70
74
--
--
5 Jennifer Miller
77
80
--
--
6 Ronald Bezzard
82
7 Stanley Caterbone
114
88
--
--
--
---
8
9
10
11
INDEX TO EXHIBITS
12 COMMONWEALTH'S
13 Exhibit No. 1 - CD
MARKED
73
14
15
16
17
18
19
20
21
22
23
24
25
22
1
2
3
PROCEEDINGS
(9:10 a.m.)
JUDGE FARINA: Good morning.
111
ADMITTED
"4
5
"6
7
8 today.
9
10
23
1 is not evidence. It's just that road map. All right?
2
3 statement?
"4
6 statement?
"10
"17
"18
21 Ream.
22
23 statement?
"24
25 statement?
24
"1
2
"3
" 9 evidence as far as a bar tab, as far as how many drinks, "
"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
"19
Do you understand?
23
24
25 come up.
25
1
DIRECT EXAMINATION
8 BY MS. MUZUREUS:
9
Q.
10
A.
11
Q.
12
A.
R-e-a-m.
"13
16
17 BY MS. MUZUREUS:
"18
Q.
"19 October 6th of last year, 2005. Do you recall that "
20 date?
21
A.
Yes.
22
Q.
"23
A.
Yes, I was."
24
Q.
25
A.
At the Brasserie.
Q.
A.
Q.
26
A.
Q.
7 Brasserie?
"8
A.
" 9 counting the money, managing the people, taking care of "
10 the guests.
"11
Q.
12 that problem?
13
"14
A.
Q.
Yes. Yes.
And going back to October 6th of last year, do "
16 the Brasserie?
"17
18
"19
A.
Q.
Yes, I do."
And do you recall roughly the time frame?
A.
20
Q.
21
A.
22
Q.
Yes.
"23
A.
Q.
A.
27
"1
Q.
A.
10
Q.
11
A.
The bartender.
12
Q.
Okay.
"13
A.
"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
"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
"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
"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
"20 he going to pay his tab? And she said, no, he doesn't "
21 want to pay his tab.
"22
29
1 said -2
"3
"4
Q.
A.
" 8 asked him -- I said, sir, what's the problem? And he "
" 9 said, well, I don't know, you tell me. "
"10
"25 fucking tab. And I said, well, it's right in front of "
30
1 you.
"2
" 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
"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 "
"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
31
"1
"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
"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
" 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
"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
33
" 1 back to me, well, I just wish George Bush and all the "
2 Marines over there would die.
3
7
8
A.
Mr. Caterbone.
11
Q.
12
A.
That's correct.
13
Q.
"14
A.
15
Q.
16
A.
17
Q.
Officer Bezzard?
"18
A.
19
Q.
20
A.
"24 was sitting. The officer said to Mr. Caterbone, Sir, "
25 can I speak to you outside.
34
1
" 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 "
Q.
13
A.
Yes.
14
Q.
"15
A.
Q.
Whose behavior?
18
A.
Mr. Caterbone.
19
Q.
Okay.
20
A.
"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
"25 right, I'll talk to you but not in front of him, "
35
1 pointing to me.
2
" 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
" 8 what the problem is. And he said, well, okay, let's "
9 just figure this out.
10
"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
" 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
" 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
"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
Q.
24
A.
25 officer.
37
"1
" 7 walking away from the officer, coming back to the "
8 officer. It was really erratic behavior.
"9
"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
"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
"20 just in the police car then, and then several other "
21 officers had arrived.
22
Q.
"23 this, did you see any patrons coming to or from the bar, "
24 the restaurant?
"25
A.
38
" 1 were passing, you know, coming in, coming out and "
2 stuff.
3
Q.
A.
"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
17 is really bizarre.
18
19 at the officers.
20
25
40
1
Q.
" 2 door at one point, and at another point you were at the "
3 deck?
4
A.
" 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
"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.
21 you were on the deck and STAN CATERBONE was in the back
22 seat of the cruiser?
"23
A.
"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.
Q.
A.
"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
"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?
" 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.
A.
"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
"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
"4
5 Honor.
6
"8
CROSS EXAMINATION
10 BY STAN CATERBONE:
"11
Q.
Mr. Ream, what time did you start work that "
12 day?
"13
A.
Q.
A.
Q.
A.
Q.
A.
You --
24
Q.
25
A.
No. No.
Q.
A.
44
" 3 pretty sure it would have been Tonya, but I'm not 100 "
4 percent sure.
5
"6
Q.
A.
Q.
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
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.
A.
No --
19
Q.
-- or me or anyone?
"20
A.
21
Q.
When?
22
A.
Q.
45
1
A.
" 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
6
A.
Q.
11
A.
"12
13
Q.
A.
14
Q.
15
A.
16
Q.
"17
A.
"18 have already been gone at that point, and Lori would "
19 have been the bartender on shift.
20
"21 at 4:30, so I would assume that would be like any other "
22 day.
23
Q.
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.
Q.
Why didn't I?
A.
"8
Q.
A.
Q.
A.
16 gone.
17
Q.
What --
21
A.
22
Q.
23 preliminary hearing?
24
A.
47
"1
Q.
11 all.
12
13
14 BY STAN CATERBONE:
15
Q.
16
A.
Uh-huh.
17
Q.
"18
A.
19 out.
"20
48
"1
Q.
A.
Sure.
MS. MUZUREUS: Your Honor, I'm going to object "
8 to the relevance.
"9
15
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
"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
"24 order anything, they would just add it to your tab, and "
25 the computer keeps track of everything.
49
1
Q.
A.
Q.
A.
" 8 your check, but I could honestly not say for 100 percent "
" 9 sure. You had food, as well."
10
Q.
A.
13
That's correct.
JUDGE FARINA: Did you say he also had food?
"14
15 BY STAN CATERBONE:
16
"17
Q.
A.
"18 was probably in, like, the mid-30s. Probably about, "
"19 like, 30, 35, in that ballpark."
20
Q.
A.
"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
"4
Q.
A.
A.
"12 was behind the bar, like, just helping her. "
"13
"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
Q.
A.
Q.
A.
51
1 have had to have been in the evening. I remember when
Q.
A.
When you first had this encounter with me, how "
A.
15 been a while.
16
Q.
A.
"20
Around me?
At the bar, like where you would be sitting. "
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
"24
25
Q.
A.
Q.
A.
52
"1
"5
Q.
A.
Q.
Okay. Let's --
11
A.
At your time.
12
Q.
13 establishment?
14
A.
Sure.
15
Q.
"16
A.
"20 like, if you would come in our bar, you come through --"
21
Q.
Right.
22
A.
Q.
Okay.
A.
53
"1
" 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.
"8
9
A.
Q.
"10
A.
11 14.
12
Q.
13
A.
14
Q.
"15
A.
"16
Q.
"17
A.
Q.
A.
23 you.
24
Q.
25
A.
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.
A.
6 tell you.
"7
"11
"12 just noticing you, because you were talking to the two "
13 women that later told me they were uncomfortable.
"14
"15 earlier in the evening. I would say it was still, like, "
16 daylight out.
17
Q.
24 BY STAN CATERBONE:
25
Q.
55
1 somewhere around -- between 5:30 and 6:30 that we had
2 this conversation?
"3
4 mean -5
"14
18
"19
20 Honor.
21 BY STAN CATERBONE:
22
Q.
"23 the tab, how many complaints -- did you receive any "
24 complaints from any patrons?
"25
A.
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
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
Q.
A.
Q.
A.
17
Q.
And then I --
18
A.
19
Q.
"20
A.
21 to. Yes.
22
Q.
A.
"25
Q.
57
1
"2
3
A.
Q.
A.
" 7 didn't, you were going to. So at that particular point, "
8 I had no other way to end the disturbance.
"9
Q.
13
A.
Q.
17 request?
"18
A.
Q.
Can you --
A.
58
1 to the police.
"2
So I -Q.
"10
A.
Q.
A.
Q.
A.
"20
Q.
"21 was not an ex-Marine, how do you know that he was not an "
22 ex-Marine?
23
24 confused here.
25
59
1 there was a father of a Marine who was in Iraq who
2 complained.
3
"4
7 me that day.
8
10
14 BY STAN CATERBONE:
15
Q.
A.
"22 continuing to kind of, like, argue with people around "
23 you.
"24
"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
" 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
" 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
JUDGE FARINA:
17
20 relevance.
"21
22 Your Honor.
"23
24 you.
25
61
" 1 Iraq, the troops and everything on my website."
2
4 That's on my website.
5
7 website?
"8
9 BY STAN CATERBONE:
10
Q.
11 Intelligence Agency?
"12
13
A.
No, sir."
Q.
"14
A.
No, sir."
"15
Q.
16 Group?
17
A.
18
Q.
21 object to relevance.
"22
"23
62
1
"2
" 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
"10
21 sir.
22
23
63
1 admit this into evidence.
2
10 BY STAN CATERBONE:
11
Q.
15
16
17 BY STAN CATERBONE:
18
Q.
A.
"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.
A.
Q.
A.
Q.
12
A.
13
Q.
14 my credit cards?
15
16 answer.
17
18
22
23
24
"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
Q.
A.
"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 to pick up the credit cards and use
13 them to pay your tab.
"14
"15 pick up your credit cards and things, and, you know, we "
"16 can settle your tab. And at that point, again, it was "
"17 back to, well, I don't want to pay my tab. "
18
Q.
25
A.
66
1 really -2
Q.
6 can't -"7
9 that.
"10
13 testify.
14 BY STAN CATERBONE:
15
Q.
"18
A.
"19 answer that. I mean, at one point they had you in the "
20 back of the police car.
"21
22 determine.
23
67
"1
11
12 and over.
13
16
Q.
20 know?
"21
22
23
24
"25
68
1 Honor. I was not arrested.
2
3 taken.
"4
" 7 case, but we're just covering things that don't matter "
8 right now.
"9
14 BY STAN CATERBONE:
15
Q.
A.
69
1 screaming. Do you know what I mean? Your behavior is
2 very erratic.
"3
Q.
"4
A.
Q.
But it was also your testimony to not -JUDGE FARINA: Do not talk at the same time.
"8
13
14 taken away?
15
Q.
23
24 questions.
25
70
1
"2
May he be excused?
5 It's up to you.
6
"7
"9
ROY DECK, "
" called as a witness, being duly sworn or affirmed, was "
10
examined and testified as follows:
11
DIRECT EXAMINATION
12 BY MS. MUZUREUS:
13
Q.
14 are?
15
"16
17
"18
A.
Q.
A.
Q.
19
A.
20
Q.
21
A.
22
Q.
"23
A.
71
1 and procedures.
2
Q.
A.
Q.
8 works at 9-1-1?
9
10
"11
A.
Q.
A.
Yes.
Can you tell us how that works?
Well, it's a digital recording system. It's "
Q.
A.
19 recording.
"20
Q.
21 recording?
22
"23
A.
Q.
Yes.
And this recording is digital, you stated?"
24
A.
Yes.
25
Q.
72
1
A.
No.
Q.
A.
No.
Q.
A.
No way.
"6
Q.
A.
Yes, I did."
Q.
10
A.
Yes.
11
Q.
12
A.
"13
Q.
A.
Q.
21
A.
Yes.
22
Q.
23
A.
Yes.
24
Q.
73
1
A.
"4
"7
8 do with him?
"9
10
"11
12 Honor. Yes.
13
14 tape?
15
16
17
18
19 this case?
20
21 calls. Yes.
22
23 connection is.
24
25
74
"1
Q.
A.
11 of '05.
12
15
18
"19
"20
21
CROSS EXAMINATION
22 BY STAN CATERBONE:
23
Q.
24
A.
Yes.
25
Q.
75
1
A.
At least a year.
Q.
A.
Uh-huh.
"4
Q.
A.
"10 two years ago, and our vendor has told us that we can "
11 possibly have five to seven years of recording on that.
12
13
15
A.
16
Q.
A.
No.
19
Q.
Capacity?
20
A.
No.
21
Q.
A.
"24
Q.
76
1
A.
That's correct.
Q.
A.
Q.
A.
-- archiver.
6
7
A.
10
Q.
Right.
11
A.
12
Q.
Correct.
13
A.
Four.
14
Q.
Four.
15
16 tapes?
"17
A.
18
"19
20
May he be excused?
"21
JUDGE FARINA: Thank you, Mr. Deck. You may step "
24
25 Miller.
77
1
"2
JENNIFER MILLER, "
" called as a witness, being duly sworn or affirmed, was "
3
examined and testified as follows:
4
DIRECT EXAMINATION
5 BY MS. MUZUREUS:
6
Q.
7 are?
8
A.
Jennifer Miller.
Q.
10
A.
M-i-l-l-e-r.
"11
Q.
Yes, I do."
15
Q.
16
A.
17
Q.
"18
A.
19
Q.
20
A.
21
Q.
A.
Yes, I did."
"24
78
1
"2
Before you play it, tell -- let's make sure she "
Q.
A.
Q.
12 that date?
"13
14
A.
Q.
15
16
17
20
21 BY MS. MUZUREUS:
22
Q.
23 CD?
24
A.
Yes.
25
Q.
A.
79
"1
2
"3
Is it marked?
(CD played.)
STAN CATERBONE: Your Honor, that's not my "
17
18
"19
20
21
80
"1
"5
"6
10
11
"12
13
(CD played.)
14
17 cross examination.
"18
19 Honor.
"20
21 Your Honor.
22
23
CROSS EXAMINATION
24 BY STAN CATERBONE:
25
Q.
81
1 opposite end of my call to 9-1-1; is that correct?
2
A.
" 3 that you called, it was transferred to me. That was the "
Q.
A.
8 hold.
9
Q.
10
A.
Me.
"11
Q.
12
A.
Once.
13
Q.
14
A.
15 to me once.
16
Q.
17
A.
21 transfer?
22
23
24
82
1
"3
RONALD BEZZARD, "
" called as a witness, being duly sworn or affirmed, was "
4
examined and testified as follows:
5
DIRECT EXAMINATION
6 BY MS. MUZUREUS:
Q.
A.
Q.
10
A.
B-e-z-z-a-r-d.
11
Q.
12
A.
13
Q.
"14
A.
15
Q.
16
A.
17
Q.
A.
Q.
A.
Yes, I do."
Were you on duty that date?
Yes, I was."
22
Q.
23
A.
Q.
83
1
"2
A.
Q.
Yes.
And on that date, were you in uniform "
A.
Q.
Yes, I was."
And were you looking how you do today in your
6 uniform?
"7
8
A.
Q.
Yes, I was."
And did you get called to the Brasserie at 1679
10 Township?
"11
12
A.
Q.
Yes, I did."
Is that within your jurisdiction as a police
13 officer?
"14
15
A.
Q.
Yes, it is."
And do you know approximately what time you
A.
18
Q.
"19
A.
Yes, I did."
20
Q.
21
A.
"25 the side door of the business, which is the main "
84
1 entry/exit door. He stated there was a customer who had
" 2 created some problems in the bar, was flagged by the "
3 bartender and refused to pay his tab and leave.
"4
"13 crowd at the bar, and what was going to happen shouldn't "
14 be a spectator sport. I would rather go outside where
15 there's a little more privacy.
16
Q.
24
25
A.
85
1 drive that enters the parking lot. That's where all the
2 vehicles enter and all the patrons that enter the side
3 door to go to the bar or restaurant.
4
Q.
A.
Q.
8 STAN CATERBONE?
9
A.
"13 the bar feels that you've had enough, you're creating a "
"14 problem, they want you to leave. You have to pay your "
15 tab and go.
16
86
" 1 to the ground. I was, for safety reasons, not going to "
2 immediately bend over and get them.
"3
" 6 because of the profanities in public and his acting out, "
7 he was taken into custody for disorderly conduct for his
8 actions outside the bar and placed in the rear of my
9 cruiser.
"10
"11 ride, because he had been drinking, and at that point I "
"12 felt he was not safe to drive; cite him and release him, "
13 try to keep it as minimal as possible. I also asked if
14 he would be willing to sign the tab if we took one of
15 the credit cards and ran it through. He refused to
16 answer.
"17
"18 sign it, I'm not going to have them do an unauthorized "
Q.
A.
87
1
" 2 find a ride for him. He insisted that he was not drunk, "
" 3 wanted a PBT, a portable breath test. I actually had "
4 one come down. He did blow into it. The result was a
" 5 .07, which is borderline. "
"6
22
88
"1
Q.
A.
Yes.
18
19
"20
21
CROSS EXAMINATION
22 BY STAN CATERBONE:
"23
Q.
25
A.
89
1 Reuter's office. The issue came up whether it was to be
2 two separate incidents with the harassment and the
" 3 charge of DC and theft of service, which I had "
4 originally felt it was.
5
6 withdrawn to be refiled.
7
"8
9
Q.
A.
Q.
"10
A.
No, I do not."
"11
Q.
12
"13
A.
Q.
A.
Yes, I did."
16
Q.
17
A.
"18 one or two incidents as far as the charging, and I was "
"19 advised it was not two, which I originally thought it "
20 would be one. And at that point I withdrew those
21 charges to be refiled.
22
Q.
So who erred?
23
A.
24
Q.
25
A.
90
" 1 charges, my error. I found out about that error and we "
2 fixed it.
3
Q.
A.
7 an objection.
"8
9 recall.
"10
Q.
A.
15 don't recall.
16
Q.
Did I raise --
"17
18 time.
"19
20 Honor.
21
22
Q.
91
1
"3
4 BY STAN CATERBONE:
5
Q.
" 9 going to object. I don't see the relevance, and it's "
10 beyond the scope.
11
"17 from the DA's Office to refile them; however, they would "
18 not approve it through Reuter's office because it was no
19 longer a conflict with Savage's Office because Savage
"20 was no longer the DJ, and that kind of went around a "
21 little bit.
22 BY STAN CATERBONE:
23
Q.
92
"1
2
"3
4
A.
Q.
A.
Q.
5 e-mail?
"6
A.
Q.
10 e-mail?
"11
A.
Q.
Okay.
"14
Q.
A.
Q.
A.
93
" 1 Reuter's office, so I was going around trying to figure "
2 out how to get that done. And it was not going to
3 happen.
4
Q.
A.
10
Q.
Correct. And I --
11
A.
12
Q.
13 Judge Reuter's?
14
A.
Correct.
15
Q.
A.
Correct.
18
Q.
A.
Q.
Okay.
A.
94
1 because of your conflict with Savage was no longer
2 applicable as he was no longer a DJ.
3
Q.
6 BY STAN CATERBONE:
7
Q.
A.
That's correct.
10 BY STAN CATERBONE:
11
12
Q.
A.
Q.
A.
Q.
24
"25
95
1 was no sanction -- there was not a problem with having
2 the charges refiled in Reuter's office. They were
3 refiled -- they were filed in his in the first place.
"4
"8
9 exhibit?
10
11
20
21
"22
"23 was no longer a DJ, and there was no reason why it had "
24 to go back to the same district. And the DA would not
25 approve it being changed to Judge Reuter --
96
"1
10 BY STAN CATERBONE:
"11
Q.
A.
Q.
Were you aware that the day before that, I was "
A.
No.
19
Q.
A.
No.
23
Q.
A.
No.
Q.
A.
No.
Q.
97
"4
A.
Q.
" 7 up, that -- you just testified that there were three "
8 things that I discussed with you the day that the
" 9 altercation occurred, the incident occurred. "
10
"11
12
Q.
Right.
13
A.
"14
15
Q.
A.
Q.
A.
98
1
"5
6 BY STAN CATERBONE:
7
Q.
A.
"11 work with the CIA, was one of the several things you "
"12 stated, yes."
13
Q.
14 association -"15
A.
Q.
A.
Q.
"22 1989 with regards to technology, that would fall in the "
"23 scope of working for the CIA, correct?"
24
A.
It's --
25
99
1
4 BY STAN CATERBONE:
5
Q.
10
11 bearing.
12
13 BY STAN CATERBONE:
14
Q.
A.
No.
18
Q.
A.
"22 because of, A, your involvement with the CIA; B, your "
"23 filing of a lawsuit in California; C, your involvement "
24 with the Lauri Show case.
25
Q.
100
1 action regarding my brother's death in California?
A.
Q.
4 things to you?
"5
A.
"6
Q.
10
11
12
13
"14 explain why you wanted to do something, and that's all "
15 he's testified to.
"16
17 my safety.
"18
21 BY STAN CATERBONE:
22
Q.
101
" 1 afield of what is going on here, so please move on --"
2
7 to that.
8
" 9 testimony inconsistent with the facts of that day, can't "
10 I -11
14
15
16
Q.
A.
Yes.
22
Q.
A.
102
1 you were in any danger whatsoever.
2
Q.
A.
Q.
A.
Q.
"11 I feared for my safety, and you just testified that it "
12 was your determination that there wasn't cause for
13 that.
14
A.
Q.
21
A.
Q.
103
1
A.
Correct.
Q.
3 go and sit on the back of that deck for two hours -"4
A.
5 but -6
Q.
A.
8 testimony.
9
Q.
A.
20 different.
21
Q.
A.
104
1 you drive.
2
Q.
3 establishment peacefully?
4
A.
Yes.
Q.
6 establishment?
7
12
14
15
16 impaired.
17
"21
22 BY STAN CATERBONE:
23
Q.
24
105
1
" 2 drive home, Your Honor. That was the problem. "
3
Q.
A.
"12 And it was for my safety, your safety, and the general "
13 public.
14
Q.
A.
Q.
A.
Q.
A.
106
1 grabbed you.
2
Q.
Poked you?
"3
A.
Yes, sir."
"4
Q.
"5
A.
Q.
A.
Is that -And I placed you in cuffs and said, you're now "
9 under arrest.
"10
Q.
"11 the one that -- I mean, you have two of them. I'm not "
12 sure which one -13
A.
Q.
18 poked you?
"19
A.
Q.
A.
"25
Q.
107
" 1 you, why I did not want to leave my van there?"
2
A.
Yes.
Q.
"4
A.
Q.
12
A.
Q.
16
A.
17 the bill.
18
Q.
19
A.
20
Q.
21
A.
22 files.
23
Q.
108
"1
A.
Q.
11
12 weren't arrested.
"13
23 about that.
24
25 BY STAN CATERBONE:
109
1
Q.
A.
Q.
"7
11 move on.
12
16 BY STAN CATERBONE:
17
Q.
A.
In this case?
20
Q.
Yes.
21
A.
Q.
A.
Q.
110
1 affidavit of probable cause?
A.
I don't recall.
Q.
A.
Q.
A.
7 filed.
8
Q.
A.
10 know.
11
Q.
A.
Q.
20 Notes?
"21
22
"23
24
A.
Q.
A.
Q.
111
1 in May?
2
" 3 did it go five months and then all of a sudden, come May "
" 4 18th, you decide to refile these charges?"
9 redirect?
"10
11 you.
"12
15 recess.
"16
17 being -18
19
20
(Recess taken.)
"21
22 the Commonwealth?
"23
24 Honor.
25
112
1 Commonwealth's Exhibit Number 1 as evidence.
2
"3
4
8
"9
10 proceed?
11
19
22 testify?
23
"24
"25
113
1
"2
3
7 certain -8
10 we'll start with you take your notes up there and we'll
13
"14
15
16 365-day rule?
"17
18
19
20 exhibits?
"21
22 exhibits.
23
24
25 they're admissible.
114
1
2
"3
STANLEY CATERBONE, "
" called as a witness, being duly sworn or affirmed, was "
4
examined and testified as follows:
5
"9
14
15
"16
19
"20
DIRECT TESTIMONY
STAN CATERBONE: At about 1:30 p.m., on August "
"21 6th, I went to Willow Street Post Office and I filed "
22 numerous petitions regarding my brother's death in Santa
"23 Barbara, California."
24
25
115
1 question.
2
8 filed.
"9
"16 death. The cause of death was ruled a suicide; however, "
"19 that day, was because two months before that, in August, "
20 I visited with the Santa Barbara County -"21
25
116
1
2 testified -3
20 whole day.
21
22
"23 in the morning, if you had eggs for breakfast. I mean, "
"24 you know, there are some things that just don't matter. "
25
117
1 up California and my brother's death.
2
12 at 2 p.m.
13
14
118
"1
21 you -22
119
1
11
12
13 say?
14
15
16
17 war in Iraq.
18
19
120
1 disorderly for saying anything like that. It's all just
2 part of the background of what happened there.
4 you.
5
7 background.
"8
9 person.
10
11
14
15 tab.
"16
"25 the police. And then she said something to the effect, "
121
" 1 well, maybe I will. I said, I'll just sit right here "
2 and wait.
3
122
"1
" 2 that, when I was out in Las Vegas, I had the same van "
" 3 broken into by someone, and my files, my briefcases, "
4 opened up. So I was concerned for the security of those
5 Federal files in that van being attacked.
6
123
" 1 feeling that, because of my Federal litigation involving "
" 2 certain police departments in Lancaster County, that -- "
3 that I was being intimidated and retaliated against.
4
" 5 sit in a holding cell, and all the police officers were "
" 6 parading through the door laughing at me, which they "
7 have done before.
8
124
1
"13 overcharged for the drinks, and all I wanted was some "
14 evidence as far as how many drinks she tallied up that
125
1 me about her and Lance. They were harassing me. I was
2 trying to be polite.
3
"8
"9
12
13
14
18
126
1
7 for it. I don't know how much was drinks and how much
8 was food. I ate lunch there. I had a full meal.
"9
"16 walked back across to the Brasserie, paid and drove my "
17 van home so my files were secured.
18
"19
20
"21
22
23
"24 the Commonwealth has the burden of proof, you argue "
25 first and then she argues.
127
"1
10
11
12
"13
14 mine.
15
"23
128
1 questioned without reason.
"2
"3
"7
10 sorry.
11
129
1 is going to notice walking into the Brasserie. You
2 can't help but not notice it; we were right all but in
3 front of the door. I was not -- I was not disorderly.
4
18
"19
"20
130
1 is no legitimate purpose for calling 9-1-1 on three
2 occasions when he was already being detained by the
3 police.
4
131
1 Officer that STAN CATERBONE was given an opportunity to
" 2 pay when he was out in the parking lot, and that the "
3 defendant didn't want to pay when he was out in the
" 4 parking lot, and, in fact, threw his credit cards at the "
5 officer.
10 three summaries.
11
132
1 and I will find him not guilty of the theft.
"2
9 sentencing hearing.
10
11 to say on sentencing?
"12
13 restitution due.
14
15
"16
17
"18
21
"22
23 weeks.
"24
25
133
1 sentencing? You've been -2
3 well -"4
12
13
17
18
19
"23
24
"25
134
1
2 fine?
"3
4 Bankruptcy Court.
5
6 employed.
7
"9
10 Honor.
11
12 your -13
"14
"15
18 buy clothing.
19
20
"21
22
23 stamps.
24
25
135
"1
"6
7 assistance?
8
10
11
"12
15
16 bankruptcy proceeding?
17
18
19 Chapter 11?
"20
25 proceedings?
136
1
10
11
21
22 going to manage.
23
137
1 stolen from me.
2
" 3 table, doesn't pay the electric bill, doesn't pay the "
" 4 gas bill, doesn't pay the oil bill."
5
6 for my electricity.
7
"8
9 the -10
11
12
19
20
"21
24 costs.
25
138
1
"2
12
19
20 from there.
"21
22
23
24
139
"1
5 work?
6
14 any?
15
18 weeks in prison:
"19
140
1 charges.
"2
"3
4 offensive weapons.
5
"12
13
14
15 that.
"16
17
141
1 impression that you were on bail on these charges.
2
4 matter.
"5
7 costs.
"8
Do you understand?
15
"16
17 appeal.
18
142
1 expedited to the prison if I'm going to remain there so
2 I can appeal if I choose to do so?
"3
12
13
"14
15 imposed costs.
16
17
20 those?
21
"22 months, which is the time that I put you on unsupervised "
"23 probation, you will hear about that from the cost "
24 collection unit. I can't give you anything more
25 specific than that.
143
"1
" 2 mean, I'm going to put this in my Chapter 11. Does that "
3 protect me?
4
5 judge -6
13
"19
20
21
"22
25
144
1
"3
"4
9 somebody else.
10
13
19
20
21
22
23
24 it or not.
25
145
1
REPORTER'S CERTIFICATE
2
3
____________________________
Kelly C. Snyder, RPR, CRR"
Official Court Reporter
15
16
17
"18
________________________________
Louis J. Farina, President Judge"