1 DIRECT-PEOPLE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 YVONNE OVIEDO OFFICIAL COURT REPORTER FOR THE DEFENDANT: MEGHAN MAURUS, ESQ.

299 BROADWAY NEW YORK, NEW YORK APPEARANCES: FOR THE PEOPLE: CYRUS VANCE, JR., ESQ. DISTRICT ATTORNEY NEW YORK COUNTY JORGE CAMACHO, ESQ. BY: HONORABLE: ROBERT MANDELBAUM, Judge. MICHAEL PREMO, Defendant. X 100 Centre Street New York, N.Y. 10013 February 25, 2013 THE PEOPLE OF THE STATE OF NEW YORK JONES

CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK: PART JURY-4 X : DOCKET NO.

against

: 2011NY091605

2 DIRECT-PEOPLE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 standing. Jones. COURT OFFICER: Witness entering. Remain THE COURT: MR. CAMACHO: JONES

Call your first witness. The People call Sergeant Richard

Race your right hand.

Do you solemnly swear or affirm that the testimony you are about to give is the truth, nothing but the truth? THE WITNESS: COURT OFFICER: shield number and command, THE WITNESS: South Task Force, DIRECT EXAMINATION BY MR. CAMACHO: Sergeant, were you working on December 17, 2011, in Yes. Officer, please state your name, the whole truth, and

for the record.

Sergeant Richard Jones, Manhattan

Shield %4142.

Q.

the vicinity of West 29th Street and 7th Avenue, Manhattan, A. Q. A. at approximately 6:00 p.m.? Yes. Did you make an arrest that day? Yes. I didnt make an arrest.

here in

I ordered someone to

make an arrest.

Q.

Do you recall the name of the person whose arrest you

were involved in? A. Yes.

3 DIRECT-PEOPLE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. JONES

Q.
A.

What name is that? Michael Premo. Can you take a look around the courtroom. Do you see

Q.

that individual? A. Yes. Please point to him or her and identify a piece of

Q.

clothing they are wearing? A. Hes at the table in the middle, gray and black. MR. CAMACIIO: Indicating the defendant. wearing the sweater

with the red,

Q.

Can you please briefly describe what led to

Premos arrest that day? A. There was an Occupy Wall Street demonstration that was The defendant was with a group of They were told to leave the

occurring at that location. people,

approximately 50 people.

location several times,

they were in the middle of the street on After several orders to move, they

29th Street and 7th Avenue. refused to move.

They were placed in pens between orange mesh

from the east side of 29th Street and the West side of 29th Street and 7th Avenue.

Q.

When youre referring to the location,

thats here in

New York county? A. Thats correct, yes.

Q.
A.

What happened after those mesh barriers were up? Approximately five minutes after the mesh was put up,

4 DIRECT-PEOPLE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that? A. Actually holding the mesh, no. JONES

a couple of individuals were trying to break through the mesh as the police officers were holding on both sides.

Q.
A.

Were you involved in holding up the mesh? No. Were your supervising officers who were involved in

Q.

Q.
A. force.

What was your role that day? We were the support team of the arrest team task We come up to locations. We got to the location, the

mesh was put up.

We supply the mesh,

but the police officers

holding the mesh were not exactly assigned to me.

Q.

Can you describe what if anything you observed the

defendant doing at the time that you responded to the scene? A. The defendant was observed by myself pushing his way

through the mesh to get out of being detained.

Q.

What happened after he started to push his way through

the measure? A. He pushed his way through the mesh, then what I recall

was he bumped into a lieutenant. standing there.

A uniformed lieutenant was

The lieutenant went to grab him to detain him, I went to the

him and the lieutenant went down to the floor. assistance of the lieutenant. detained.

At that time he refused to be

He got back up and started pushing his way westbound I fell down on him the first time. This was, I

on 29th Street.

5 DIRECT-PEOPLE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. believe, JONES He was still refusing to

the second time that he fell.

be detained by stiffing his arms, pushing his way, west on to 29th Street, and we fell a second time on to the street.

Q.
A.

What happened after you fell the second time? There were several cops over there. He was detained

enough to where they placed him under arrest.

Q.
arrested? A.

You previously testified that you ordered him to be

Yes. Who did you issue that order to? One of my police officers, Ronnie Vincent.

Q.
A.

Q.
A. Q.

Do you still work with Officer Vincent? Yes. Had officer Vincent spoken with you about the

defendant prior to your identifying him as someone to be arrested? A. Say that again. Did you two speak about Mr. Premos arrest? Premo before you issued

Q.

the order for Mr. A.

Absolutely not. What happened after you told Officer Vincent to place

Q.

Premo under arrest? A. He was already in handcuffs. I assisted in the who at the

handcuffs. time,

He was brought by me to Officer Vincent, had several collars.

I believe,

Im not sure how many.

6 DIRECT-PEOPLE-SGT. JONES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 explained to him the story briefly right at the scene. Then I

handed him over to Officer Vincent who put him in the patrol wagon.

Q.
A.

What happened to you after Mr.

Premo was arrested?

I sustained an injury to my right hand. Where did you go after he was arrested? St. Lukes Roosevelt Hospital.

Q.
A.

Q.
A.

Did you seek treatment there? Yes. MR. CAMACHO: No further questions.

CROSS-EXAMINATION BY MS. MAURUS:

Q.
A. Q. A.

Good afternoon, Hi, how are you?

Sergeant Jones.

Good.

How long have you been in the police force? plus.

Thirteen and a half years,

Q.
A.

Where have you been assigned? I was assigned as police officer at the 120th Precinct I got promoted with seven and

in Staten Island for seven years. a half years on. here in Manhattan.

I spent fourteen months in the 5th Precinct, For the last four years and approximately

ten months in the Manhattan South Task Force.

Q.

What do you do as part of your duties at the Manhattan

South Task Force? A. Patrol supervisor.

7 CROSS-DEFENSE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be? A. JONES

Q.
A.

What is that? I am in charge of the cops in my squad. What type of activities does th Manhattan South do in

Q.

particular? A. Manhattan South Task Force is a supplement to patrol. crowd control. We

Were called for level ones, missings,

specialize in any types of demonstrations,

stuff like that. do you respond to a

Q.

Have you responded to a number

--

lot of protests? A. Can you define, a lot of protests. to head out to do

Q.
parades, A.

Is that a common duty for you, protests? Yes.

Q.

Directing your attention to December 17th,

what time

did you arrive for duty? A. Can I look at my memo book? THE COURT: On 12/17 of 2011, Yes. I started my tour at 7:00 a.m.

Q.
A.

Where did you report for duty? Manhattan South Task Base. First thing you did was roll call, close to the first

Q.
thing? A.

Yes. What were you told your days activities were going to

Q.

8 CROSS-DEFENSE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 made, A. JONES ordered in

We were scheduled off so we were called in,

for a Occupy Wall Street Demonstration.

Q.

Were you told anything in addition to that,

or just

youre going to go to the protest? A. standby. Like I said, we are a supplement.

--

So were on

At that particular

during Occupy Wall Street, the arrest

Manhattan South Task Force, teams.

is for the most part,

Q.
A.

What does that mean, What does it mean? I can presume,

to be an arrest team?

Q.
duties? A.

but what exactly in terms of your

If people are stepping out of line,

arrests need to be

someone higher up orders us to come in.

Q.
A.

What do you do after roll call, As far as what? You leave roll call, what did you do?

if you remember?

Q.
a protest, A.

youre told youre going to go to

We went down to Canal Street and 6th Avenue. How did you get there? Vans. How many people were in your unit? How many people were in my van? Yes. Looks like seven police officers. You go in patrol cars, vans?

Q.
A. Q. A.

Q.
A.

9
CROSS-DEFENSE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you? A. Other than my unit, I cannot recall. Oh, I believe JONES

Q.

Did you take any kind of special equipment to police

the protest with you? A. cuffs. Personally, no. Other than helmet, baton and flex

Q.
A.

Did you have flex cuffs with you throughout the day? I believe I did, yes.

Q.
A.

And did you take steel barricades? No, we dont carry steel barricades. MR. CAMACHO: Objection. Sustained.

THE COURT:

Q.
Avenue? A.

Eventually,

you ended up at 29th Street and 7th

Thats correct,

yes.

Q.
A.

And what time did you arrive? I would say approximately 17:50, 17:50 being 5:50 p.m.? Thats correct, 5:50 p.m. give or take.

Q.
A.

Q.

Did you arrive before or after Occupy Wall Street

protestors arrived? A. I arrived

they were there already,

yes.

Q.

And what units or divisions were present there with

there were Scooter Task Force there, Task Force.

Manhattan South Scooter

At some point TARU Unit showed up.

10 CROSS-DEFENSE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JONES

Q.
A.

How many TARU officers do you remember? I dont recall seeing more than one or two. MR. CAMACHO: THE COURT: Objection. Overruled. The answer stands. Where did

Q.

Where exactly did you position yourself?

you go when you got there? A. I stepped out of the van

---

there was a call for There

assistance at that location.

We stepped out of the van.

were approximately 50 plus people in the middle of the intersection. We got out to maintain order.

Q.

When you say they were in the middle of the they were standing right in the intersection?

intersection, A.

there were standing in the intersection of 29th Street in the street.

and 7th Avenue,

Q.
A. minutes.

How long were they standing there? When I got there When I got there,
--

I would say less than five

they were already in the street. there were 50 plus people on the

Q.
street, A.

When you got there,

and the stood there for about five minutes? They were chanting and yelling, In the middle of 7th Avenue? Yes. And then what did you do? We were ordered to dispense the orange mesh, and to yes.

Q.
A.

Q.
A.

detain them on 29th Street.

:ii CROSS-DEFENSE-SGT. JONES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. Q. So its your testimony that there is 50 plus people on an orange netting was dispensed? Q. A. How did you go about doing that? I did not dispense it. I couldnt tell you who did

7th Avenue, A.

By Manhattan South Task Force, but not by me

personally, no. Q. A. Taking them all to a corner? No, corralling them into where they were. If you There

picture the street, we were ordered to take the mesh. were several orders issued for them to move. leave. Somebody,

People refused to

a higher ranking officer than myself ordered detain the people that refused to

them to take the orange mesh, leave.

The officers walked the mesh behind them on the East another group of officers walked them to

side of 29th Street,

the other corner of 29th Street, detaining them between on the east side of 29th Street, north to south. Q. A. Q. How long did all of that take? As far as what? How long would you say it took the police officers to

coral all of those people? A. Q. A. Q. Id say several minutes. Did you see Mr. Yes. Where was he? Premo during that time?

12 CROSS-DEFENSE-SGT. JONES

1
2

A.

He was standing in the location with the protestors.

Q.
A.

Where?
He was on
--

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

when I observed him he was on the

northeast corner of 29th Street.

Q.
A.

On the sidewalk? I believe it was on the street. So you saw him in the street before the orange

Q.
netting? A.

Yes. How long was he standing in the middle of 7th Avenue? When I got there, there was a group of people there. it was 50 of them. They were there for a few

Q.
A.

Like I said, minutes. location.

They were ordered several times to get off the

Q.
street? A.

You saw Mr.

Premo at that time in the middle of the

I saw Mr. yes.

Premo and approximately 50 other people

standing there,

Q.
A.

Did you arrest any of them? Yes. In the middle of the street at that time? No. No one got arrested at that time? At that particular time, no. So you then netted everybody off, putting them on the

Q.
A. Q. A. Q.

13
CROSSDEFENSE-SGT. JONES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

corners. netting? A.

How long would you say that you put them in the Im sorry, Im misunderstanding. You netted them They A group
-

A group of police officers took orange mesh.

went on the east side of 29th Street, north and west.

of them went up behind them on the east side, and another group came up in front of them on the west side. Q. A. east side. Q. street? A. to leave. Q. A. The group of people that were corralled, they refused They were all in the street. No one is on the sidewalk? They were all in the street. They were eventually At that point youre saying theyre in the middle of On 29th Street? All on 29th Street between
-

north and south on the

pushed on to the sidewalk by the mesh. Q. A. Q. A. At that point theyre on each corner; is that correct? On the each corner and still on the street. Where was Mr. Premo when you first saw him? Mr. Premo was with a group of people that were in the

middle of the intersection on 7th Avenue and 29th Street. Q. A. And he stayed there? Like he stayed in the street? I couldnt tell you

When the officers came up,

exactly that we zoomed in on him 100 percent of the time, no. Q. And so how long would you say that people were in a

14
CROSS-DEFENSE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mesh, inside the mesh? A. At least five minutes. So from within the mesh you testified that eventually JONES

Q.

people tried to break through the mesh? A. I observed people break through the mesh. Where did that take place? On the north corner of 29th Street and 7th Avenue. Where? On the northeast corner of 29th Street and 7th Avenue,

Q.
A.

Q.
A.

on the sidewalk.

Q.

Let me back up.

Youre discussing like upwards of 50 So Im asking you, on the 29th

people corralled into a corner. side, where? A. on the 7th Avenue side,

up along the wall?

Do you recall

Youre mistaking what Im saying.

They were not

corralled up into a corner.

The length of the mesh going from to the southeast corner of It went the whole length

the northeast corner of 29th Street, 29th Street.

East side and west side.

of the City corner. Q. A. There was mesh on both sides of that? Yes. So there is mesh into 29th Street running the entire and there is mesh along 29th Street

Q.

width of 29th Street, bordering 7th Avenue? A.

Thats correct.

15
CROSS-DEFENSE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the mesh. the street along JONES did the protestors attempt to

Q.

Where,

along that line,

break out of the mesh? A. correct, The northeast corner. the northeast corner. You have no more specificity than that? twenty feet? How wide Excuse me, the
--

yes,

thats

Q.

would you say the sidewalk is, A. At least, yeah.

Q.
--

So along that twenty feet,

you cant say it was where the end of the

was it next to where the wall was,

mesh was? A. Some people were breaking out right against the wall I There was some type I believe

believe there is a Duane Reade right there. of store.

The initial group of people broke out,

there was a Duane Reade there.

Q.

So along the wall next to the store people were

breaking out? A. Several people broke out first, Anywhere else along that? Yes. Where? Approximately ten to fifteen people. THE COURT:
--

yes.

Q.
A.

Q.
A.

Breaking out meaning going back into

THE WITNESS:

Yes, police officers were holding

They were pushing their way out of the mesh onto

16 CR05 S-DEFENSE-SGT. 1 2 3 point the street. JONES

Q.

Did people successfully break out of the mesh at the you said that people broke out next to the store there?

4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of?

A. Q.
location? A.

Yes.
Did people break out from that ten to fifteen feet in

Did people successfully break out?

Define what you

mean by successfully break out.

Q.
A.

Meaning they are no longer inside the orange netting? Yes. How many people? That I remember, approximately, that I could recall,

Q.
A.

four or five.

Q.

Flow many of those people were detained,

that you know

A.

The only one I know is your client. yes.

That I know

guaranteed to be detained,

Q.

When you say they tried to push their way out,

--

how

many people tried to push

how many people pushed to

successfully overcome the police officers? A. To break out of the mesh? Yes. About four or five that I observed. It could have

Q.
A. been more.

Q.

So four or five people pushed against the mesh,

17 CROSS-DEFENSE-SGT. JONES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
19

overcoming the police officers? A. Q. That I recall, yes. Its your testimony that one of those people was

Michael Premo? A. Q. A. Q. I observed Michael Premo, yes.

You observed him pushing against the mesh? Yes. And explain
--

what happened,

he just went head to

head with one officer, pushing over the officer? A. No, as the officers are holding the mesh, there is a

little break in between. underneath the mesh, lieutenant. Q.

The defendant pushed his way and bumped right into the

got loose,

In other words, youre saying he got down on the

ground and crawled from underneath? A. No, they pushed their way through the mesh. He didnt go on to the ground. You could

push the mesh. Q.

A.

So he was pushing from the bottom?

I dont know which way he was pushing from.

20 21 22 23 24 25

Q. A. Q. pushing? A.

You saw him come out from the bottom? Yes. So you dont actually know whether or not he was

Do I know he was pushing

no, but he was one of the

first people to get out.

18 CROSS-DEFENSE-SGT.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

JONES
Premo pushing

Q.

Backing up,

you didnt actually see Mr.

against the netting? A. I saw him break through the netting. I believe you testified that you saw him pushing? I said he was one of the four or five people that got

Q.
A. loose.

Q.

Its your testimony that Mr.

Premo came from Thats how he got out,

underneath the netting;

is that correct?

by crawling underneath the netting? A. Im not saying crawling underneath the netting. He was not on the He

got loose from underneath the netting. sidewalk.

Q.

How far from the ground was the netting? correct?

Normally it

sits on the ground, A.

It does sit on the ground, but a group of people are and the police officers are trying to hold it, there

pushing it,

is some give and take.

Q.
A. Q. A.

The netting came up off the ground? Obviously, Mr. Yes. You dont actually know whether or not he was pushing? The exact pushing, no, but if he were one of the first yes.

Premo came up from underneath that?

Q.
A.

people out of the netting, Q. Youre presuming?

its safe to assume he did.

19 CROSS-DEFENSE-SGT. JONES

1 2 3 4 5 6 7 8
9

A. Q. A.

Im not presuming anything. Did you see him push? Im telling you I saw him break through the netting. Did you see him push? Did I see him push? I cannot recall if you seen him

Q.
A. push.

Q.

You saw him crawl from underneath the netting, thats

what you saw?

A. Again, I dont know your definition of crawl.

10 11 12 13 14 15 16 17 18 19 20 21 22
23

Q.

You saw him come from underneath the netting,

thats

fair to say? A. Yes. At that time, when he came from underneath the hes crouched down a bit, right? I mean,

Q.

netting, presumably,

he didnt come standing straight up, A. What do you mean? You said wasnt crawling,

hes six feet tall.

Q.

what was he doing?

How did

he get from underneath the netting?

Was he on his stomach,

standing up right and he walked underneath? A. He pushed his way, like youre on a line for football, He bumped right into the lieutenant.

you push your way through.

Him and the lieutenant went down on the ground.

Q. So let me back you up. You said you saw him crawling

24
25

underneath the netting?

A. Pm not saying that
-

20 CROSS-DEFENSE-SGT. JONES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. that. THE COURT: Sustained, the officer never said

Q.
A.

So you say him come from underneath the netting? Yes. You didnt see him pushing? I cannot recall if he was pushing or not. When he came from underneath the netting, was he

Q.
A.

Q.

squatting down? A. No, he was trying to flee, he was running. He was

forcing his way through.

Q.
A.

And you indicated he bumped into who? A uniformed lieutenant. Do you know who the lieutenant is? Lieutenant Walsh, I believe his name is.

Q.
A.

Q.
A.

Describe how he ran into the lieutenant. He pushed into the lieutenant. Pushed, Yes, like hands out pushed?

Q.
A.

from what I observed the lieutenant grabbed him

and they both went down to the ground. Q. So he came from underneath the netting, pushed the the lieutenant and he both fall? THE COURT: Sustained. Asked and answered.

lieutenant,

Q.
A.

Then he ran away?

You testified he ran away? I observed him the whole him and the lieutenant.

I never said he ran away. He went down the first time,

21 CROSS-DEFENSE-SGT. JONES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

went to go aid the Lieutenant. lieutenant,

As I was going to aid the

the defendant proceeded to attempt to get up again Me, him and the

and continue to go westbound on 29th Street. lieutenant go down a second time.

He refused to be handcuffed. He refuses.

We tell him to stop resisting, hes under arrest. He gets up a third time. street on 29th Street.

Me and the defendant go down on to the

Q.
A. Q. running, A.

How far down 29th Street did he get? To the curb, 29th Street, westbound.

And when you say he tried to flee, was he walking, jogging? He was attempting to run, and also attempted to be

detained by me and the lieutenant. Q. A. Q. A. Q. or stop? A. Q. A. Q. A. Q. Yeah. So you said, stop, and he didnt? So you guys were basically like right behind him? I was on top of him at two points, yes. You indicated that you said to him, Yes. Did you indicate anything like, you are under arrest, stop resisting?

I dont recall exactly what I said. You recall issuing words of some kind? Yes. So the lieutenant goes down once, you go assist the

22 CROSS-DEFENSE-SGT. JONES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

lieutenant, then he flees down 29th, down with him again. what do you mean? A. ten feet.

and you said that you went

When you say you went down with him again,

He never fled, he never got away. He goes down once,

This is all within

I go on top of him, we try to When

detain him, hes under arrest, he pushes his way back up. I fell down the first time, he pushed his way back up,

continued

to go westbound on 29th Street, where we fell back on to 29th Street for the second time. Q. When you say he resisted arrest, what did he do to try that first time? he was attempting to get up

to resist your arrest, A.

As we were on top of him,

and push his way to continue to go westbound.

Q.
A. Q. A. on me. Q. A. Q.

Did he flail his arms? Yes. Did he stiff on you, push you? He didnt push me. He flailed his arms and he stiffed

When you fell down Yes. The first time being

you said you fell down twice?

so Lieutenant Welsh goes down What do you mean by you go

then you go down. down? A.

Describe that?

I go to assist him in detaining Mr.

Premo, he gets up and

as somebody would get up off the floor to continue to flee,

23 CROSS-DEFENSE-SGT. JONES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as we are attempting to arrest him, We detain him a second time. we go down a second time.

Q.
A.

How did you fall? Im attempting to arrest him. I fell straight down,

hands first.

Q.
A.

Forward? Yes. And then you come back up and fall a second time.

Q.

When you fell a second time, what did he do? A. At that point there were enough police officers there.

He was detained.

Q.
A. remember.

How many police officers took to arrest Mr. I would say approximately three or four, There could have been more there.

Premo?

that I

Q.
A.

Office Vincent was not involved until later on? Officer Vincent was ordered to take the arrest by me. If you know, where was Officer Vincent during this Premo, from when you initially saw where, if you know, is

Q.

whole arrest process of Mr. Mr.

Premo till when he is in handcuffs,

Officer Vincent? A. I walked the defendant to the patrol wagon where He was handed from me to Officer Vincent. no one else

Officer Vincent was.

Q.

There was no interruption between that,

took control? A. Absolutely not.

24 CROSS-DEFENSE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a little Morris? MS. MAURUS: THE COURT: MS. MAURUS: THE COURT: MS. MAURUS:
-

JONES Premo that was

Q.

Youre absolutely sure that it was Mr.

behind the netting?

There wasnt any break in that when you go it wasnt somebody else?

help Lieutenant Welsh, A.

Absolutely not. How much time would you say, Premo under arrest, total, it took you to

Q.
place Mr. A. handcuffs?

two minutes,

thirty seconds?

From when he fled from the netting until he was in I would say probably a minute or so, though. give or take.

Dont hold me to it,

Q.

Fair enough. MS. MAURUS: MR. CAMACHO: No further questions. Nothing further. Thank you. You may step down.

THE COURT: (At this time, THE COURT: additional witnesses? MR. CAMACHO: THE COURT:

the witness is exiting the courtroom.) Do the People wish to call any

We rest. Any witnesses for the hearing, Ms.

I do not. You rest? Yes. Ill hear you. With respect to the Wade issue, Im

I understand there is a chain of custody issue.

25 CROSS-DEFENSE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fact, JONES

I dont think there is a Constitutional issue here with regard to any kind of unduly suggestive identification. THE COURT: Youre withdrawing your motion, are

you resting on the record? MS. MAURUS: THE COURT: MR. CAMACHO: Im resting. You want to be heard? Yes, your Honor. I accept

counsels waiver of the Wade issue. Dunaway unadressed. However,

That does leave the again, in the light testimony

I think,

most favorable to the People,

Sergeant Jones

clearly established his probable cause to make an arrest, that, namely, the fact that the defendant had tried to a mesh barrier set up by NYPD

break away from the barrier,

for people refusing to disburse from the streets. Additionally, that he pushed at least passed, or attempted

to push passed the lieutenant, cause for an arrest. THE COURT:

also giving rise to probable

I make the following findings of

Sergeant Richard Jones works with the Manhattan South and began his tour on December 17, 2011 at 7:00

Task Force,

in the morning.

At around 5:50 in the afternoon he arrived

in the vicinity of West 29th Street and 7th Avenue where a demonstration was occurring in which he observed the defendant, along with approximately 50 people, standing in

the middle of the intersection at 29th Street and 7th

26 CROSSDEFENSE--SGT. JONES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Avenue. The police ordered the crowd to leave the middle of the street several times. The crowd refused. The officer

specifically observed the defendant near the northeast corner of 29th Street and 7th Avenue, in that location.

The police then brought out orange mesh to corral the demonstrators, roadway, get them on to the sidewalks and out of the

and attempted to get them into the east and west all of which was in New

side of 29th Street at 7th Avenue, York County.

After about five minutes of the people having been moved behind the orange mesh, on to the sidewalks,

approximately four or five people attempted to break through the orange mesh as the police officers were trying to hold them back on both sides. The defendant successfully pushed his way through the measure by causing it to give way on the bottom and slipping out underneath it so as to remove himself from the detention area. In coming out, he bumped into a uniformed

lieutenant, Lieutenant Welsh, who attempted to grab him, and the defendant and lieutenant went down on to the ground. Sergeant Jones, having observed all of that, in an attempt to assist the lieutenant. responded

The defendant

refused to be detained and continued to attempt to try to

27 CROSS-DEFENSE-SGT. JONES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

run westbound down 29th Street. on the defendant,

Sergeant Jones fell down

as a result of the defendants actions,

and the defendant continued to flail and stiffen his arms, and the defendant got back to his feet. The sergeant told

him to stop resisting, but the flailing and stiffing of the arms continued, the defendant, such that Sergeant Jones again fell with and finally three or four police officers

were able to subdue the defendant and place him under arrest. Sergeant Jones, who had maintained physical custody, or physical contact, rather, with the defendant throughout that incident, then walked the defendant over to a patrol

wagon, where Police Officer Vincent was, and told Officer Vincent to
-

handed the defendant off to Officer Vincent,

and instructed Officer Vincent to arrest the defendant, telling Officer Vincent what he had observed occurring. As a result of the incident just described, Sergeant

Jones sustained injury to his hand, which necessitated his going to St. Lukes Hospital. I reach the following conclusion of law: identification procedure at all here, confirmatory identification. There is no

let alone even a

This is not a situation where or

the defendant was involved in some sort of incident, altercation,

or offense with the sergeant, after which the

interaction between the sergeant and the defendant stopped

28 CROSS-DEFENSE--SGT. JONES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and the defendant was arrested by someone else and the sergeant responded to confirm to the arresting officer that the defendant who was in custody was in fact the defendant who had been the subject of the alleged offense. That

would be a confirmatory identification, but that is not at all what occurred here. Here, the sergeant himself arrested the defendant and

simply, without ever losing even physical contact with him, let alone sight of him, walked him over to Police Officer Vincent and handed him off to Police Officer Vincent. That

does not constitute any identification where he had to make sure that the person Officer Vincent had now arrested, detained was the person that the sergeant had observed going through the mesh. Here, the sergeant observed the defendant going or

through the mesh himself, arrested and took custody of the defendant and handed him over to Police Officer Vincent. That does not constitute any identification procedure at all. It did constitute an identification, certainly was not a confirmatory one. In any event, the sergeant was the one

who brought the defendant over to Police Officer Vincent, handed him over to him, and there was, therefore, nothing

unnecessarily suggestive in any of that interaction in any event.

29
CROSS-DEFENSE-SGT. JONES

1
2

With respect to the Fourth Jmendment ground, Jones, street,

Sergeant

having observed the defendant in the middle of the refusing to leave after being ordered several times at that point had probable cause to arrest the

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

to do so,

defendant for violating Subdivision 5 of the Disorderly Conduct statute as well as Subdivision 6. He was not arrested at that point, but rather was, with the other people, orange mesh, corralled into the area behind the

and the defendants actions in refusing to

remain in the area at that point designated and attempting to flee under the mesh, from the mesh, trying to escape, in fact escaping

further gave the sergeant probable cause to

arrest the defendant for at least Obstructing Governmental Administration in the Second Degree. In any event, the defendants actions in pushing his knocking him to the

way through and into the lieutenant,

ground, and continuing to flail his arms while trying to be, or while Sergeant Jones attempted to assist Lieutenant also gave the police further probable cause to

Walsh,

arrest of the defendant for additional Disorderly Conduct actions at that point, not precluding by tumultuous conduct. For all those reasons, and for any one of those

reasons, the police had probable cause to arrest the defendant at the time. The arrest was authorized.

30 CROSS-DEFENSE-SGT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 YVONNE OVIEDO OFFICIAL COURT REPORTER This is certified to be a true and accurate transcript of the above proceedings recorded by me. Therefore, JONES

they had probable cause to arrest him for since they were authorized to arrest him refused to

resisting arrest,

at the time he flailed and stiffened his arms, be arrested.

So the arrest was lawful in all respects.

Any identification procedures that may have taken place, although, as I said, I find that there was none. Any that

there was not the fruit of any unlawful arrest in violation. respects. The motion to suppress is denied in all