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IN JUDGE FARINA OF COMMON PLEAS


LANCASTER COUNTY, PENNSYLVANIA
CRIMINAL

3
4
_______________________________
5 COMMONWEALTH OF PENNSYLVANIA :
:
6
vs.
: No. 2843 - 06
:
7 STANLEY J. CATERBONE
:
_______________________________:
8
9
10
11

JURY TRIAL
VOLUME I

12
Before: Louis J. Farina, President Judge
13
Date : Monday, December 4, 2006
14
15

Place : Courtroom No. 10


50 North Duke Street
Lancaster, Pennsylvania

16
17
18
19 APPEARANCES:
20
21
22

Deborah Muzureus, Esquire


Assistant District Attorney
For - The Commonwealth
Stanley Caterbone
Pro Se

23
24
25 ORDERED: 1/11/07

LODGED: ______

FILED:

2
1
2

PROCEEDINGS
(3:15 p.m.)

JUDGE FARINA: Good afternoon. You may be seated.

All right. Miss Muzureus.

MS. MUZUREUS: Thank you, Your Honor.

Your Honor, we're attached to your courtroom on

7 Commonwealth versus Stanley J. Caterbone, Docket 2843 of


8 2006.
9

STAN CATERBONE is currently charged with, Count

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


11 Counts 2 and 3 are companion summary charges.
12

The Commonwealth is moving to amend Count 1

13 from an M3 harassment to a summary harassment. The


14 correct section for that would be an (a)(3) versus an
15 (a)(7).
16

JUDGE FARINA: All right. Is the Commonwealth

17 otherwise ready to proceed?


18

MS. MUZUREUS: Yes, Your Honor.

19

JUDGE FARINA: All right. Mr. Caterbone, the

20 Commonwealth is amending -- do you understand what she


21 just said?
22

STAN CATERBONE: I don't have any paperwork,

23 Your Honor.
24

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

25 at a time.

3
1

First, do you understand what she said?

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

JUDGE FARINA: Yes.

STAN CATERBONE: -- for the harassment.

JUDGE FARINA: That's right.

STAN CATERBONE: How many charges are there?

JUDGE FARINA: Three.

There would be one harassment summary, one

9 disorderly conduct summary, one theft of services


10 summary.
11

Now, I have spoken to you a couple times at

12 calls of the list. You are representing yourself pro


13 se?
14

STAN CATERBONE: Correct.

15

JUDGE FARINA: Even though these are now summary

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


17 the possibility of imprisonment, you still have the
18 right to be represented by counsel and appointed counsel
19 free of charge, especially since you are -- you're
20 currently in Lancaster County Prison; is that right?
21

STAN CATERBONE: That's correct.

22

JUDGE FARINA: All right. Do you wish to have

23 counsel appointed to assist you?


24

STAN CATERBONE: Co-counsel, yes.

25

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

4
1 asked you?
2

STAN CATERBONE: I said co-counsel.

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

STAN CATERBONE: I can't?

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

6 appoint counsel for you -7

STAN CATERBONE: Would it be a public defender?

JUDGE FARINA: Would it be?

STAN CATERBONE: Yes.

10

JUDGE FARINA: Were you represented by a public

11 defender before and they withdrew?


12

STAN CATERBONE: On Monday, Doris James

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


14

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

15

STAN CATERBONE: Who would I get?

16

JUDGE FARINA: You had a public defender who

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


18 right?
19

STAN CATERBONE: I have a dire conflict with the

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


21 anyone from that office.
22

JUDGE FARINA: Well --

23

STAN CATERBONE: I would take anyone else.

24

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

25 choices.

5
1

STAN CATERBONE: All right.

JUDGE FARINA: So you want to represent yourself?

STAN CATERBONE: Yes, sir.

JUDGE FARINA: All right.

STAN CATERBONE: What about my discovery file

6 that you promised me?


7

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

8 list, that issue was actually brought up by


9 Mr. Caterbone. I -- I don't recall how it came up,
10 actually.
11

Mr. Caterbone --

12

JUDGE FARINA: I think he asked about it.

13

STAN CATERBONE: I have the file in my home.

14

MS. MUZUREUS: -- stated --

15

STAN CATERBONE: It was sent to me.

16

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

17 discovery was sent to Mr. Caterbone by Matt Bomberger


18 from the Public Defender's Office. It was mailed to him
19 on September 26th of this year.
20

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

21 Was your bail revoked?


22

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

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


24 and an appeal in Lancaster County Court of Common Pleas.
25

JUDGE FARINA: Are you -- enlighten JUDGE FARINA on

6
1 this, Miss Muzureus. What happened? Was his bail
2 revoked?
3

STAN CATERBONE: They said I missed a meeting

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


5

MS. MUZUREUS: That is my understanding, Your

6 Honor. He was under bail supervision by the Bail


7 Administration Office. It's my understanding that bail
8 administration revoked his bail due to his failure to
9 appear. Judge Allison had Mr. Caterbone before him and
10 changed the bail to 5,000 straight.
11

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

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


13 meeting.
14

JUDGE FARINA: All right. So --

15

STAN CATERBONE: It should have been unsecured,

16 Your Honor.
17

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

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


19 answer.
20

You're in jail because your bail was revoked

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


22 apparently you have not posted.
23

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

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


25 reset unsecured.

7
1

JUDGE FARINA: All right.

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

3 meeting I did attend, and they lied and said I did not
4 attend it. That's why they revoked my bail.
5

JUDGE FARINA: That is not an issue before me

6 now. The issues that I'm -7

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

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


9 a definitive answer.
10

JUDGE FARINA: And I have enough answer now on

11 that issue.
12

We need to proceed now to deal with these three

13 summary charges.
14

Actually, on the summary charge, there is no

15 right to discovery.
16

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

17 summary cases there is no --

18

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

19 you say all you want to say. Okay?


20

STAN CATERBONE: Thank you.

21

JUDGE FARINA: All three are summaries, including

22 the theft of services. So there is -- there is no -23 there is no right to discovery on summary cases.
24

STAN CATERBONE: I understand.

25

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

8
1 proceed.
2

Are you ready to proceed?

MS. MUZUREUS: The Commonwealth has its first

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


5 calling the second witness.
6

JUDGE FARINA: Okay.

STAN CATERBONE: Why was I given a discovery

8 file?
9

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

10 guess he forwarded it to you.


11

STAN CATERBONE: Mr. Bomberger had nothing to do

12 with these charges, Your Honor. She keeps saying


13 Mr. Bomberger.
14

MS. MUZUREUS: Your Honor, the discovery was

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


16

STAN CATERBONE: He --

17

JUDGE FARINA: I'm sorry. Hold on.

18

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

19 deal with the issue of discovery since these are summary


20 charges.

21

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

22

JUDGE FARINA: Yes.

23

STAN CATERBONE: -- I have files prepared in my

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


25 protest.

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1

JUDGE FARINA: On these charges?

STAN CATERBONE: You're asking me to defend

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


4 have notes pertaining to these -- this -- my defense.
5

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

6 with anybody?
7

STAN CATERBONE: No.

JUDGE FARINA: You have no way to have whatever

9 is -10

STAN CATERBONE: No.

11

JUDGE FARINA: -- in your home --

12

STAN CATERBONE: You don't understand my

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


14 to -15

JUDGE FARINA: Who do you live with?

16

STAN CATERBONE: Myself.

17

JUDGE FARINA: Alone?

18

STAN CATERBONE: Yes, sir.

19

JUDGE FARINA: And where is that?

20

STAN CATERBONE: 220 Stone Hill Road, Conestoga,

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


22

My electricity was shut off illegally in

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

24 which is empty, at 1250 Fremont Street.


25

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

10
1

STAN CATERBONE: I'm in Federal Court, and

2 that's -3

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

4 you need these documents to defend yourself -5

STAN CATERBONE: I definitely do, Your Honor.

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


7 was no theft of service.
8

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

STAN CATERBONE: The file is either at 1250

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


11 or 220 Stone Mill Road; one of my two houses, homes,
12 residences.
13

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

14

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

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


16

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

17

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

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


19

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

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


21 exist now?
22

STAN CATERBONE: It says East Lampeter on it.

23

JUDGE FARINA: Well, but we're only concerned

24 about what happened at the Brasserie.


25

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

11

JUDGE FARINA: And what kinds of things are in

2 these files, other than the -3

STAN CATERBONE: Notes, memos about that

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


5 first preliminary hearing, which was over a year ago.
6

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

7 had a preliminary hearing in front of Judge Reuter on


8 December 5th of '05. Judge Reuter called the DA's
9 Office. The DA assured them, or that officer assured
10 the DA that charges -- that a preliminary hearing would
11 take place in December. It didn't take place until
12 May. That's the second preliminary hearing after I
13 filed civil action.
14

JUDGE FARINA: Do you have any family or friends

15 who -16

STAN CATERBONE: My family lives in Florida.

17

JUDGE FARINA: Do you have any friends with whom

18 you have any trust or confidence?


19

STAN CATERBONE: No.

20

JUDGE FARINA: None?

21

STAN CATERBONE: None.

22

JUDGE FARINA: Do you have anyone that you could

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


24 things to me?
25

STAN CATERBONE: Not with trust and confidence.

12
1

Your Honor, I have had numerous complaints to

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


3 Federal files. I'm the plaintiff.

I have no one that I can trust.

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

6 wouldn't waste JUDGE FARINA's time.


7

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

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


9 courts. It's not for any other reason.
10

JUDGE FARINA: Well, this has gone on long

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


12

STAN CATERBONE: I understand. But I have

13 various notes. I documented everything the day the


14 incident happened, that night.
15

JUDGE FARINA: You mean your recollection of what

16 happened? What else could you have documented?


17

STAN CATERBONE: His correspondence, the

18 original preliminary hearing.


19

JUDGE FARINA: You have transcript from the

20 preliminary hearing?
21

STAN CATERBONE: Yes, I have receipts of the

22 paid bill.
23

How can I present receipts -- my defense that

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


25

JUDGE FARINA: On the theft of services?

13
1

STAN CATERBONE: Yes. Correct. It was paid

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


3 his precinct, I went back and paid it. He -4

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

5 that you didn't pay it later.


6

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

7 me -8

JUDGE FARINA: The charges -- you do have a

9 problem with not letting somebody finish talking. So,


10 please, I will let you speak; you let me speak.
11

STAN CATERBONE: I'm sorry, Your Honor.

12

JUDGE FARINA: What is the theft charge?

13

MS. MUZUREUS: The theft of services is for not

14 paying the restaurant bill.


15

The Statute says it has to be immediately paid

16 after the rendering of the services.


17

JUDGE FARINA: So your defense is that you paid it

18 later that night?


19

STAN CATERBONE: Your Honor, the officer asked

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


21 reason why he -22

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

23 hearing.
24

STAN CATERBONE: Okay.

25

JUDGE FARINA: Okay. What --

14
1

STAN CATERBONE: Your Honor, I forget exactly

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


3

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

4 relates to the matters that we're here -5

STAN CATERBONE: Everything in the file relates

6 to the matter, Your Honor.


7

JUDGE FARINA: -- about?

MS. MUZUREUS: Your Honor, may I approach?

JUDGE FARINA: Yeah.

10

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

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


12 recollection. I have a copy, can make a copy of it and
13 provide it to Mr. Caterbone.
14

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

15 Stan Caterbone to webmaster@eastlampetertownship.org.


16

Is that something you're referring to?

17

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

18 I can't -19

JUDGE FARINA: Show it to him.

20

MS. MUZUREUS: I believe you read it to Judge

21 Cummings at the preliminary hearing.


22

STAN CATERBONE: Yes, I recognize this

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


24

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

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

15
1 in the file.
2

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

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


4 court's times with my matters. Trust me.
5

JUDGE FARINA: Well, the disorderly conduct charge

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


7 Brasserie, you did yell and use obscenities in the
8 parking lot, and at that time, patrons were coming and
9 going from the restaurant.
10

Now, I presume they have witnesses, testimony

11 they're going to bring about that.


12

What kind of documents would you have at home

13 that might bear on that?


14

STAN CATERBONE: How could I say without going

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


16 piece of paper, Your Honor.
17

JUDGE FARINA: Well, do you have witness

18 statements?
19

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

20 their discovery. I have witness statements.


21

Your Honor, please understand something, I am

22 in litigation in Federal Courts from 1987 until today


23 with documents -- in excess of 15,000 documents
24 regarding the Federal False Claims Act that I filed
25 regarding international signal control, the Whistle

16
1 Blower's Act, and things like that.
2

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

3 the contents.
4

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

5 would it take you to locate the relevant documents to


6 these charges?
7

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

JUDGE FARINA: Well, the whole 15,000?

STAN CATERBONE: No, the one file, sir.

10

JUDGE FARINA: I asked you --

11

STAN CATERBONE: This is a file.

12

JUDGE FARINA: -- the simple question: How much

13 time would it take you to locate the relevant


14 documents? If you were at your home, how much time
15 would it take to locate them? Five minutes? Ten

16 minutes? Two hours? Five hours?


17

STAN CATERBONE: A few minutes. Fifteen

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


19 Stone Mill Road.
20

JUDGE FARINA: And wherever it is, you can lay

21 your hands immediately on it?


22

STAN CATERBONE: I would lay my hands on it and

23 bring it right in.


24

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

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

17
1 at 1250 Fremont Street.
2

JUDGE FARINA: What is your position?

MS. MUZUREUS: Your Honor, the Commonwealth's

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


5 summary case. As it is right now, we have three -6

JUDGE FARINA: No, he's talking about materials

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


8 necessarily than discovery materials.
9
10

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


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

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


12 and then bring him back?
13

MS. MUZUREUS: Do you have any input?

14

OFFICER BEZZARD: I have no input, Your Honor.

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


16

JUDGE FARINA: Well, because I intend to get this

17 trial done.
18

OFFICER BEZZARD: I understand that.

19

JUDGE FARINA: And I think probably the quickest

20 way to do that is to take him today, I'll grant him -21 grant him -- I'll place him in your custody for the
22 purpose of going to his home, getting his materials, and
23 then take him back to the prison, deliver him back to
24 the sheriff for retransport to the prison. He can study
25 his documents. Tomorrow morning we start the trial.

18
1

OFFICER BEZZARD: If I could have another

2 officer or a sheriff accompany me, I would appreciate


3 that.
4

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

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


6 instead of us using two sheriffs.
7

All right. Can you do that?

OFFICER BEZZARD: Yes, Your Honor.

JUDGE FARINA: All right. Take Mr. Caterbone back

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


11 arrangements for them to take you, get your records.
12 They'll take you back to the prison, and tomorrow we'll
13 have the trial.
14

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

15 Honor?
16

JUDGE FARINA: You mean change of clothes?

17

STAN CATERBONE: Yes.

18

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

19 lingering in there.
20

STAN CATERBONE: I understand, I understand.

21

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

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


23

STAN CATERBONE: All right. My keys are at the

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


25

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

19
1

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

2 prison. There might be a spare outside somewhere,


3 but -4

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

5 the prison and get those.


6

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

7 Department -8

STAN CATERBONE: I appreciate this, Your Honor.

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

10

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

11 wouldn't -12

JUDGE FARINA: But this case has to be finished.

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


14

MS. MUZUREUS: 9:00 tomorrow morning, Your

15 Honor?
16

JUDGE FARINA: Pardon?

17

MS. MUZUREUS: 9:00 tomorrow morning?

18

JUDGE FARINA: Yes.

19
20
21
22
23
24

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

25

20
1
2
"
3

IN JUDGE FARINA OF COMMON PLEAS


LANCASTER COUNTY, PENNSYLVANIA"
CRIMINAL

4
5 _______________________________
COMMONWEALTH OF PENNSYLVANIA :
6
:
vs.
: No. 2843 - 06
7
:
STANLEY J. CATERBONE
:
8 _______________________________:
9
10
11
12

JURY TRIAL
VOLUME II

"13

Before: Louis J. Farina, President Judge"

"14

Date : Tuesday, December 5, 2006 "

15
"16

Place : Courtroom No. 10


50 North Duke Street
Lancaster, Pennsylvania"

17
18 APPEARANCES:
"19
20
21

Deborah Muzureus, Esquire"


Assistant District Attorney
For - The Commonwealth
Stanley Caterbone
Pro Se

22
23
24 ORDERED: 1/11/07
25

21

LODGED: ______

FILED:

INDEX TO WITNESSES

DIRECT CROSS REDIRECT RECROSS

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

STAN CATERBONE: Good morning, Your Honor."


JUDGE FARINA: Do you have your papers?
STAN CATERBONE: Yes, sir."
JUDGE FARINA: I see you are dressed much better

8 today.
9
10

STAN CATERBONE: Thank you.


JUDGE FARINA: All right. We have three summary

11 cases we're going to try today.


"12

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

13 otherwise the procedure is the same.


"14

Just for your benefit, Mr. Caterbone, each "

15 party gets to make an opening statement. An opening


16 statement is not evidence. The only evidence is what
17 comes from the witness stand under oath.
18

But an opening statement is a road map of what

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


"20 long elaboration. The idea is to just give me, if you "
21 wish -- and a party is not required to make an opening
"22 statement -- to just give me, as the fact finder, a view "
23 of what it is you intend to prove or intend to
24 challenge.
"25

But again, what you say in an opening statement "

23
1 is not evidence. It's just that road map. All right?
2

Does the Commonwealth wish to make an opening

3 statement?
"4

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

JUDGE FARINA: Do you care to make an opening

6 statement?

STAN CATERBONE: Yeah. Could I have a minute to

8 organize my papers on the desk?


9

JUDGE FARINA: A minute. Sure.

"10

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

11 Count 1 under (a)(3)?


"12
13

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


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

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


15 is a summary.
"16

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

"17

STAN CATERBONE: Yes, Your Honor."

"18

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

19 call your first witness.


20

MS. MUZUREUS: The Commonwealth calls Michael

21 Ream.
22

STAN CATERBONE: May I make an opening

23 statement?
"24

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

25 statement?

24
"1
2
"3

STAN CATERBONE: Yes, sir."


JUDGE FARINA: All right. Go ahead.
STAN CATERBONE: Your Honor, on the day of "

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


5 had a dispute with the bartender as far as the amount of
" 6 the tab, as far as how many drinks I was being charged "
7 for. I merely had a conflict.
8

And she gave me a hard time about providing me

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

10 so I requested she call the police.


11

We had a disagreement. The police called me

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


13 home.
"14

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

"15 dinner or the drinks that I had, or, B, cause any "
"16 commotion. And a commotion was not caused by me, it was "
17 caused by other patrons in the bar.
18

And that's my statement.

"19

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

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


21 intend to prove. The statement isn't itself evidence.
22

Do you understand?

23

STAN CATERBONE: All right.

24

JUDGE FARINA: All right. Your first witness may

25 come up.

25
1

MS. MUZUREUS: Thank you. Michael Ream.

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

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


4 try to establish.
"5
MICHAEL REAM, "
" called as a witness, being duly sworn or affirmed, was "
6
examined and testified as follows:
7

DIRECT EXAMINATION

8 BY MS. MUZUREUS:
9

Q.

Will you please state your name for the record?

10

A.

Yes. Michael Ream.

11

Q.

And how do you spell your last name?

12

A.

R-e-a-m.

"13

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

14 so you need not worry about it.


15

Did you say Ream?

16

THE WITNESS: Yes.

17 BY MS. MUZUREUS:
"18

Q.

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

"19 October 6th of last year, 2005. Do you recall that "
20 date?
21

A.

Yes.

22

Q.

And were you employed on that date?

"23

A.

Yes, I was."

24

Q.

And where at?

25

A.

At the Brasserie.

Q.

And where is that located?

A.

1679 Lincoln Highway East.

Q.

And in what capacity were you employed by the

26

4 Brasserie on that date?


5

A.

I manage for them.

Q.

And what are some of the duties of managing the

7 Brasserie?
"8

A.

Just operational stuff; locking up, opening up, "

" 9 counting the money, managing the people, taking care of "
10 the guests.
"11

Q.

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

12 that problem?
13
"14

A.
Q.

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

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

16 the Brasserie?
"17
18
"19

A.
Q.

Yes, I do."
And do you recall roughly the time frame?

A.

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

20

Q.

And what would that have been?

21

A.

You mean the time of day?

22

Q.

Yes.

"23

A.

Yeah, I would say it was early evening; "

24 probably early evening.


25

Q.

And what was the disturbance?

A.

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

27
"1

2 know how much you want me to tell you.


3
"4

Q.

Tell us the story.

A.

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

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


" 6 clean up some glasses, things like that. "
7
"8
9

And she came to me at one point and said -Q.


A.

I'm sorry, she who?"


Lori.

10

Q.

And she was?

11

A.

The bartender.

12

Q.

Okay.

"13

A.

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

"14 there. And she said, I'm going to flag this guy over "
"15 here. And I said, why? And she said, just because he's "
16 being a real ass to me.
"17

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

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

"19 the computer. So I pulled up his tab, because the first "
20 thing I always do is see where they're at as far as
21 drinking and stuff. That kind of gives you an
22 indication of what their behavior might be or whatever.
"23

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

"24 like that was an issue, because he didn't really have "
25 enough drinks that would have told me this guy should be

28
1 really intoxicated.
2

Because I had seen him at the bar for a couple

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


4 something to eat and a couple of drinks and really just
5 spanned over the course of a couple of hours that I had
6 seen him sitting there.
"7

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

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


9 from what I have seen on his tab.
"10

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

"11 with other patrons. She said, they're getting mad at "
12 him. He asked her at one point for his tab. She took
"13 him his tab. He said, I don't want that, I want another "
14 fucking drink.
"15

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

"16 going to serve you anymore, you know, just because of "
"17 the way his attitude and everything was. So I said, "
18 okay.
"19

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

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

"22

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

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


"24 said, okay. "
"25

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

29
1 said -2
"3
"4

Q.
A.

And is Mr. Caterbone here?


Yes, the gentleman right here."
MS. MUZUREUS: Your Honor, may the record "

5 reflect that he's identified STAN CATERBONE?


6

JUDGE FARINA: It may.

THE WITNESS: So I just approached him and I

" 8 asked him -- I said, sir, what's the problem? And he "
" 9 said, well, I don't know, you tell me. "
"10

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

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


"12 She said you used some foul language and stuff with her, "
13 and you're kind of agitating some of the other
"14 customers, I said, and she just doesn't feel she wants "
15 to serve you anymore.
"16

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

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


"18 not, I said; it's the language and the way that you're "
"19 acting towards her. And I said, you're just disturbing "
"20 some of the other patrons. I said, she just doesn't "
"21 feel comfortable, and at this point I'm inclined to "
22 believe her. I could just tell the people around him
23 were all a little agitated and stuff.
"24

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

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

30
1 you.
"2

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

" 3 drink. I said, well, I can't serve you another drink, I "
" 4 said, but here's your tab. Just do me a favor, you can "
" 5 come back another day and whatever, but for today, "
" 6 just -- this is get a little out of hand, so it would be "
7 better if you paid your tab and went on your way.
8 Okay?
"9

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

"10 there it is, you know, just pay your tab. No, I'm not "
11 paying my fucking tab.
"12

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

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


"14 tab. Why? I said, because we've basically rendered a "
"15 service to you, and that's just how it's done; when "
"16 you're done, you pay your tab. Well, I'm not going to "
17 pay my tab.
"18

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

"19 favor. I just want you to pay your tab, go on your way "
"20 and just leave; that's it, no harm done. No, I'm not "
21 going to do that.
"22

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

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


"24 on your way. I said, if you don't do that, you're not "
25 going to give me much choice but to call the police.

31

"1

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

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


" 3 said, you're not really giving me a choice. I said, why "
4 do you want to get in trouble? All I'm asking you to do
5 is pay your tab and go on your way.
"6

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

7 going to have to call the police.


"8

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

9 not trying to cause that much of a scene.


"10

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

11 reached down and pulled out his cell phone.


"12

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

"13 That's fine. I said -- I told Lori, I said, give him a "
"14 glass of water. Don't let anybody talk to him, just "
"15 keep everybody away from him, and I'll be right back. "
16

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

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


"18 several patrons stopped me, a couple female patrons "
"19 stopped me and said, Michael, what are you going to do? "
20 You should call the police.
"21

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

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


23

And I could kind of see they were a little

"24 upset. And I said, what's the matter? And she said, "
"25 I've been talking to him for a couple of hours, and I "

32
1 told him my name and where we work. We were having
" 2 conversation. And he was really nice at first, and then "
" 3 he got really mean and he's telling me, I'm in the CIA "

4 and I know where you live and work and all this stuff.
"5

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

" 6 CIA, but it makes me nervous because I sat here and "
7 talked to him all about myself. You should call the
" 8 police. I said, well, I'm going to call them. You can "
" 9 tell them your side of the story and everything then, "
10 too.
11

And the other issue was that he -- that another

"12 patron had stopped me, too, and said, if you don't get "
"13 him out of here, there's probably going to be a fight, "
14 which kind of surprised me. We're not that kind of
"15 bar. It's just a restaurant, you come and have a couple "
"16 of drinks, and we really rarely have incidents where we "
17 have any kind of issues.
18

Because one of the comments that I heard him --

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


"20 comes in there. But anyway, he said -- basically, "
21 there's a patron -- there's a patron there whose son is
"22 in Iraq. And he said -- and I heard him say this, which "
23 made me inclined to believe there's going to be a
"24 problem, was there was some kind of argument over the "
"25 war in Iraq, and he said to the patron, as he turned "

33
" 1 back to me, well, I just wish George Bush and all the "
2 Marines over there would die.
3

And this is what escalated it to a point where

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


5 be a problem. Because obviously this upset the
6 gentleman.

7
8

And that's when I went around -Q.

Who had made that statement about George Bush

9 and the Marines dying?


10

A.

Mr. Caterbone.

11

Q.

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

12

A.

That's correct.

13

Q.

Did the police respond?

"14

A.

Yes, they did."

15

Q.

Who came to the scene?

16

A.

The officer sitting next to you.

17

Q.

Officer Bezzard?

"18

A.

Yes, sir -- ma'am."

19

Q.

And what happened once the officer arrived?

20

A.

I first met him outside at the doorway to just

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


22 me to point the gentleman out to him.
23

Ron and I walked around to where Mr. Caterbone

"24 was sitting. The officer said to Mr. Caterbone, Sir, "
25 can I speak to you outside.

34
1

At that point Mr. Caterbone's demeanor changed

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


" 3 he just said, yes, sir; got up and followed the officer "
4 right outside.
5

I followed the officer and Mr. Caterbone

" 6 outside, assuming that the officer would probably have "
7 questions or something for me. And at that particular
" 8 point, the officer was by himself. And not to assume "
" 9 that he couldn't handle it, but I just felt it was "

10 probably better that somebody was there with him as a


11 witness or whatever the case may be.
12

Q.

So you followed them out?

13

A.

Yes.

14

Q.

And what did you observe?

"15

A.

Well, then as soon as they got outside the "

"16 door, his behavior became more erratic."


17

Q.

Whose behavior?

18

A.

Mr. Caterbone.

19

Q.

Okay.

20

A.

The officer basically -- first his -- the first

"21 thing he said to the officer was -- the officer said, "
22 Can I speak to you? Let's go out here; we'll talk. And
23 we all walked out the door.
"24

And Mr. Caterbone said to the officer, all "

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

35
1 pointing to me.
2

So at that point I just kind of stopped back by

" 3 the doorway and left them walk up the driveway, at which "
" 4 point the officer asked Mr. Caterbone, you know, what "
" 5 his side of the story was, basically. And his behavior "
6 was a little erratic.
"7

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

" 8 what the problem is. And he said, well, okay, let's "
9 just figure this out.
10

I think he might have made some kind of

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


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

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


14 we were -- it was about intoxication. And I think he
15 wanted the officer to test him to prove that he wasn't.
"16

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

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


"18 know, looked at his eyes or whatever and said, I don't "
"19 feel that's the issue or whatever. He said, I think "
20 it's just a matter of you need to pay your tab. Okay.
"21 Well, I'll pay my tab. "
"22

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

"23 in and you can pay your tab and go on your way. No, I "
24 don't want to pay my tab. It would go back and forth
25 repeatedly like that.

36
"1

And the officer was, I felt, extremely patient "

" 2 with him, to the point that when he finally -- every "
" 3 time he would say, I'll pay my tab and the officer would "
" 4 say, let's go back in -- this happened a couple of "
" 5 times. Mr. Caterbone then would say, no, I don't want "
6 to pay my tab.
"7

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

" 8 like, where I was standing, the officer's back was to "
" 9 me, and Mr. Caterbone would have been in front of him. "
"10

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

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


12 poking at him or touching him or something. And he
"13 said, well -- I don't know what Mr. Caterbone's response "
14 was; at that point he had his back to me.
"15

But then I heard the officer say again, please "

"16 don't. Sir, please don't put your hands on me. And he "
"17 said, well, I'm just trying to pay my tab. And the "
"18 officer said, well, great, let's just pay your tab. He "
"19 said, fine, I'll use my credit card. Took his credit "
"20 cards out, and the officer wanted to take him. "
"21

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

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


23

Q.

And that you saw?

24

A.

Yes. I saw him throw the cards at the

25 officer.

37
"1

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

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


3 wanted the officer to bend down and pick them up.
" 4 And the officer said, sir, I'm not picking up your "
5 credit cards.
"6

At that point, again, he just would keep "

" 7 walking away from the officer, coming back to the "
8 officer. It was really erratic behavior.
"9

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

"10 touch the officer again, like I said, which I could not "
"11 see but the officer said, please don't put your hands on "
"12 me, that's when he said, sir, would you please put your "
13 hands behind your back?
14

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

"15 he cuffed him or not, because then his response was, "
"16 well, am I under arrest? And he said, well, I'm still "
"17 basically more or less trying to determine that, but for "
18 now I feel more comfortable.

"19

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

"20 just in the police car then, and then several other "
21 officers had arrived.
22

Q.

Okay. When you were standing outside observing

"23 this, did you see any patrons coming to or from the bar, "
24 the restaurant?
"25

A.

Yes. Throughout that -- that period, people "

38
" 1 were passing, you know, coming in, coming out and "
2 stuff.
3

Most people's reactions were quite not

4 understanding what was happening; just would keep on


" 5 their way, stay out of the way kind of thing. "
"6

At one point then, once other police cars "

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


" 8 commotion. Because there's three cars, the driveways "
9 are blocked off. Traffic that comes in off the street
10 and stuff was having to back out because there's a
11 police car blocking and stuff like this.
12

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

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


14 this point.
15

Q.

And when you were outside making the

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


17 that point? Was he loud? Quiet?
"18

A.

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

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


"20 moment, especially when he was in the back of the police "
"21 car, he would be -- he would sit quietly for a while, "

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


23 the officers. And there were several officers there.
24

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

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

39
1 sitting kind of off to that. And you would hear
2 periodically him kicking and screaming and yelling at
3 the officers. And then one might open the door and be
" 4 like, look, you need to calm down. And he would, until "
" 5 they basically shut the door, and then he would start "
6 again.
"7

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

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


9 he kind of laughed. He was taking -- he was taking a
"10 lady's statement at that point, and he kind of just "
11 laughed.
"12

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

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


"14 turned down his radio, he said, but he just called 9-1-1 "
15 from the back of the police car.
"16

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

17 is really bizarre.
18

So he just kept shouting things back and forth

19 at the officers.
20

The entire time he insisted on being arrested.

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


22 arrested. Take me down to the station. You don't know
23 who I am. When you get me there and you take my
"24 picture, you'll find out. "

25

Just really erratic stuff like that.

40
1

Q.

And you stated that you were standing by the

" 2 door at one point, and at another point you were at the "
3 deck?
4

A.

Yeah. That was when we had first went out and

" 5 he had made the comment to the officer about, I'll talk "
" 6 to you, but not in front of him. I just stayed back, "
" 7 because I thought, I'm not going to agitate the "
8 situation.
9

So I just stayed back as they walked up the

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


11 that point.
12

After they had put him into the back of the

"13 police car, then the officers had asked if we would "
14 write out statements. And it was actually kind of a
"15 nice night out, and to keep the commotion from inside "
"16 the restaurant, basically myself, the bartender, and I "
17 think there may have been one or two other patrons
18 basically just sat out on the back deck and wrote out
19 our statements for the police officers.
20

Q.

And what was your distance at that point when

21 you were on the deck and STAN CATERBONE was in the back
22 seat of the cruiser?
"23

A.

I would say -- again, it was just -- because "

"24 it's side by side, like, they are at the top of the "
"25 driveway, and the deck's here. So I would say, again, "

41
1 probably 25 or 30 feet.

Q.

And you could clearly hear STAN CATERBONE

3 yelling and screaming?


"4
"5

A.

Oh, yeah. "


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

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


7 officers tried to give him every way out to leave
8 peaceably.
"9

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

"10 be okay if Mr. Caterbone left his car there, they said, "
"11 we don't believe it's a matter of intoxication, they "
"12 said, he's just obviously upset. And with his demeanor, "
13 they didn't feel comfortable that he should drive.
"14

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

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


"16 of hours before he left. And I said, yeah, I'll even "
"17 give him, you know, anything non-alcoholic he wants "
"18 while he sits there. I said, as long as he's not "
"19 bothering my patrons or anything else, you know, just "
"20 basically minds his own business, I said, I don't have a "
21 problem with that.
"22

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

"23 remember which one, opened the door and basically -- he "
24 opened the door to the car and basically made that offer
"25 to him. And he basically said at that point, no, you "

42
1 take me down to jail. I want to be arrested. You're
2 going to take my picture. You don't know who I am and
3 who I know. You don't know what I know. Do you know
4 what I mean?

So I guess my frustration is that all the

" 6 way through, everybody tried to give him a way out, and "
7 he insisted all along the way on being arrested. And
8 that's eventually what happened.
"9

Q.

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

10 eventually pay his tab?


"11

A.

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

"12 went upstairs to close up the office, and the bartender "
"13 called me. Lori called me upstairs and said, you're "
"14 never going to guess what happened. And I said, oh, "
15 what now? Because it had already been kind of an
16 eventful night.
"17

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

"18 And I said, who? And she said, Stanley. I said, okay. "
"19 I said, what -- I didn't know -- at this point, I didn't "
"20 understand, because the last I had seen him they had "
21 taken him to jail. So I was kind of surprised.
22

And she said he basically just walked in and

"23 said, as plain as day and calmly, just said, I'm here to "
24 pay my tab.
"25

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

43
" 1 okay, gave him his tab. He gave her a credit card, he "
" 2 paid it, and on his way he went."
3

MS. MUZUREUS: Thank you.

"4

I have no further questions at this point, Your "

5 Honor.
6

JUDGE FARINA: Do you have any questions you would

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

"8

STAN CATERBONE: Certainly, Your Honor. "

CROSS EXAMINATION

10 BY STAN CATERBONE:
"11

Q.

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

12 day?
"13

A.

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

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


"15

Sometimes earlier in the day, but no later than "

16 three I would have probably been there.


17
"18
19
"20
21

Q.
A.
Q.
A.
Q.

And what time does the shift change?


Well, my shift --"
The bar shift?
Sure. That would be at four, 4:30."
Did you have any discussion with the bartender

22 that was on the first shift -23

A.

You --

24

Q.

-- as far as my conduct at the bar?

25

A.

No. No.

Q.

And do you remember her name?

A.

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

44

" 3 pretty sure it would have been Tonya, but I'm not 100 "
4 percent sure.
5
"6

Q.
A.

Do you have a copy of this bar tab?


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

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


8

Q.

Was a copy of that bar tab ever submitted to

9 the police?
"10

A.

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

"11 if there was anything, it would have been the original "
"12 tab that I gave before, like, when you didn't pay. "
"13

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

14 that point. But then once you returned to pay the tab
"15 and it was closed out, it would just be closed out."
16

Q.

Did you ever provide a copy of the tab in

17 dispute to the police -18

A.

No --

19

Q.

-- or me or anyone?

"20

A.

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

21

Q.

When?

22

A.

When you were sitting at the bar and you

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


"24 said, well, it's sitting right in front of you."
25

Q.

You gave me the bar tab?

45
1

A.

No. The bartender laid the bar tab in front of

" 2 you, and when you told me basically you wanted to pay "
" 3 your F-ing tab, I said, it's right there in front of "
4 you.
5
6

So you had possession of the tab at one point.


Q.

Who first -- who first informed you that there

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


"8

A.

To my knowledge, it was never a dispute about "

9 the number of drinks on the bar tab.


10

Q.

The bar manager on the second shift?

11

A.

I would be -- I was the bar manager.

"12
13

Q.
A.

Well, who presented me with the bar tab?"


That would be the bartender.

14

Q.

And who was that?

15

A.

That was Lori.

16

Q.

And that was not Tonya?

"17

A.

No. They had switched shifts, so Tonya would "

"18 have already been gone at that point, and Lori would "
19 have been the bartender on shift.
20

They switch -- I believe they typically switch

"21 at 4:30, so I would assume that would be like any other "
22 day.
23

Q.

And the reason for me not wanting to pay the

24 bar tab was not -- your testimony is that the reason for
25 me not to pay the bar tab was not because of the

46
1 discrepancy in the drinks? Is that your testimony?
"2

A.

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

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


4 didn't actually really give me a reason that you didn't
5 want to pay your tab -6

Q.

Why didn't I?

A.

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

"8

Q.

And neither of those bar managers, none of them "

9 disclosed a problem with the discrepancy in the number


10 of drinks on that bar tab?
"11

A.

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

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


13 bartenders.
"14
15

Q.
A.

16 gone.

Correct, the bartenders. "


And one bartender would have already been

17

The other bartender was Lori. She never

18 mentioned to me that there was a dispute about the


19 drinks; only that you got -- you kind of got rude and -20

Q.

What --

21

A.

-- stuff with her.

22

Q.

What -- what bartender testified at the

23 preliminary hearing?
24

A.

The only bartender that I saw at a previous

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

47
"1

Q.

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

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


3 wasn't.
"4

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

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


6

JUDGE FARINA: Was a bar tab used at the

7 preliminary hearing? Do you know?


8

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

9 ever saw the bar tab -"10

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

11 all.
12

THE WITNESS: I don't know.

13

JUDGE FARINA: Okay. He doesn't know.

14 BY STAN CATERBONE:
15

Q.

When Tonya left her shift --

16

A.

Uh-huh.

17

Q.

-- did she close out the register?

"18

A.

19 out.

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

"20

When a bartender leaves a shift, they close "

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


22 basically can run multiple employees at one time.
"23

So when Tonya would leave her shift, she would "

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


25 continue.

48
"1

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

2 would transfer them to Lori before she left and close


3 herself out.
4

Q.

Okay. How does a bartender keep track of a

5 number of drinks in your establishment?


6
"7

A.

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

8 to the relevance.
"9

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

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


11 may hear more evidence on it -- that there was a dispute
12 over the number of drinks. So he's trying to lay a
13 foundation for that.
14

I'll permit it.

15

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

16 walked into the -- if you walked into the bar and you
"17 ordered a Captain and Coke, they would get you your "
18 Captain and coke.
"19

They would go to the register, ring up Captain "

"20 and Coke, hit a button that says new tab, open up a tab, "
"21 and that would be your tab. If they know your name, "
22 they can put your name on the tab.

23

And then each time subsequently that you would

"24 order anything, they would just add it to your tab, and "
25 the computer keeps track of everything.

49
1

Q.

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

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


3 drink?
4

A.

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


Basically everything is computerized now.

Q.

Do you remember how many drinks I had that day?

A.

I recall that I saw probably at least four on

" 8 your check, but I could honestly not say for 100 percent "
" 9 sure. You had food, as well."
10

Q.

And it's also your testimony that I did not

"11 seem intoxicated, correct?"


12

A.

13

That's correct.
JUDGE FARINA: Did you say he also had food?

"14

THE WITNESS: Yes, he did, sir."

15 BY STAN CATERBONE:
16
"17

Q.
A.

Do you remember the amount of the bar tab?


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

"18 was probably in, like, the mid-30s. Probably about, "
"19 like, 30, 35, in that ballpark."
20

Q.

Isn't it true that I requested that the police

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


22 amount of drinks I was being charged for?
"23

A.

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

"24 Because you did insist on the police coming, but I do "
25 not recall it ever being over the discrepancy in the bar

50
1 tab. You never really told me why you didn't want to
2 pay your tab or you didn't want to leave.
3
"4

Q.

How long did our conversation take place?

A.

It spanned over a couple minutes, and then Lori "

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


6 things. And then you kind of said some more things to
7 me.
8
9

So I would say it spanned a couple of minutes.


Q.

Isn't it true that you were summoned by Lori

10 because I had a problem with my bar tab?


"11

A.

Not that I recall, because I was already -- I "

"12 was behind the bar, like, just helping her. "
"13

Like, periodically through the night, I would "

"14 just go out and see if they're okay, if they need "
"15 anything, and clean up glasses and whatever to help them "
16 out.
"17

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

18 was doing when she came to me.


19

And we would have been behind the bar

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


21 was a dispute about the drinks on the tab.
22
"23
24
"25

Q.
A.
Q.
A.

So you were behind the bar?


At that point, yes."
And what time of day was this?
I honestly don't remember, other than it would "

51
1 have had to have been in the evening. I remember when

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


3 dark.
"4

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

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


6 evening.
"7

Q.

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

8 back in your office?


9

A.

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

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


11
"12

We also host in the dining rooms and bar area.


Q.

When you first had this encounter with me, how "

13 many patrons were at the bar?


"14

A.

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

15 been a while.
16

I can say that I remember around you probably

17 at least maybe 10 or 12 people.


18
"19

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.

Do you remember where I was sitting?


Yes, I do."

Q.

Where was that?

A.

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

52
"1

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


3 runs in an L-shape. And you would have been sitting
4 right about here.

"5

Q.

In other words, if you walked into your "

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


7 corner? Is that the L you mean?
"8

A.

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

9 it's not that way now. But at the time -10

Q.

Okay. Let's --

11

A.

At your time.

12

Q.

Let's -- at the time I was at the

13 establishment?
14

A.

Sure.

15

Q.

Go back to that time. Where was I seated?

"16

A.

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

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


18 seat in from the end.
"19

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

"20 like, if you would come in our bar, you come through --"
21

Q.

Right.

22

A.

-- behind you to your left would have been a

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


24 the left would have been a small screen TV.
25

Q.

Okay.

A.

And then to your right, like -- well, to your "

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.

All right. And the cash register would have

7 been six -- five or six --

"8
9

A.
Q.

"10

TV, TV, TV, cash register."


How many barstools are at that bar?

A.

At that particular point of that bar, about "

11 14.
12

Q.

How many are on the front side of the L?

13

A.

I would say at least 10.

14

Q.

And there were 10 or 12 people around me?

"15

A.

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

"16

Q.

Well, I thought this -- what time was this?"

"17

A.

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

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


"19 the 9-1-1 call, it would give you a better time of what "
20 time it was.
21
"22

Q.

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

A.

Again, Mr. Caterbone, I honestly cannot tell "

23 you.
24

Q.

It was not nighttime.

25

A.

I know that when you and the officer walked

54
1 outside it was dark. I do know that. And everything
" 2 that took place outside, I do know that it was dark."
"3

Q.

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

4 arrived at your establishment?


"5

A.

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

6 tell you.
"7

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

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


" 9 exactly when you came in, other than the fact that I do "
10 recall seeing you sit there for a couple hours before.

"11

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

"12 just noticing you, because you were talking to the two "
13 women that later told me they were uncomfortable.
"14

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

"15 earlier in the evening. I would say it was still, like, "
16 daylight out.
17

So my guesstimate would be around 4:00 or so

18 when this occurred. I honestly am not sure.


19

Q.

Isn't it true I got there somewhere between

20 1:30 and 2:00?


"21

MS. MUZUREUS: Objection, Your Honor. The "

22 witness already answered.


23

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

24 BY STAN CATERBONE:
25

Q.

Okay. Would it be safe to say that it was

55
1 somewhere around -- between 5:30 and 6:30 that we had
2 this conversation?
"3

MS. MUZUREUS: Objection, Your Honor. I "

4 mean -5

JUDGE FARINA: The last time. If you know.

THE WITNESS: I honestly could not tell you.

JUDGE FARINA: All you know is that it relates to

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


9

How long after you had the conversation was it

"10 before the police arrived, roughly?"


11

THE WITNESS: I would say probably -- it really

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


13

Where we're located --

"14

JUDGE FARINA: I think once the officer testifies, "

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


16 times.
17

STAN CATERBONE: Okay. Okay.

18

JUDGE FARINA: So you can relate that to this.

"19

STAN CATERBONE: All right. Thank you, Your "

20 Honor.
21 BY STAN CATERBONE:
22

Q.

Up until the time that I had a dispute about

"23 the tab, how many complaints -- did you receive any "
24 complaints from any patrons?
"25

A.

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

56
" 1 that, because I don't recall -- you're saying about the "
2 dispute about your tab. I don't know about there being
" 3 a dispute about your tab, because I don't recall that "
4 being the conversation.
5

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

6 and you were out there at the bar. And once it came out
7 that you were -- that there was -- you and I had a
8 discussion.
9

And once I came out to go around to call the

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


11 things.
12
"13
14
"15

Q.
A.
Q.
A.

This was outside of the bar?


No, this was right in the bar. That's when --"
So --- the complaints came to my attention, as I "

16 was going out to call the police.

17

Q.

And then I --

18

A.

That's when people stopped me.

19

Q.

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

"20

A.

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

21 to. Yes.
22

Q.

Didn't I request the bartender to call the

"23 police, not you?"


"24

A.

No, not that I ever heard."

"25

Q.

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

57
1
"2
3

A.

I'm not exactly sure.

Q.

Well, why did you call the police?"

A.

Because you basically caused a disturbance.

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


5 much told me to.
6

You pulled your cell phone out and said if I

" 7 didn't, you were going to. So at that particular point, "
8 I had no other way to end the disturbance.
"9

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

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


11 disturbance.
12

Q.

Did I ask you -- who did you call?

13

A.

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

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


15 officer.
16

Q.

Can you recite that conversation or that

17 request?
"18

A.

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

19 honestly couldn't tell you what my entire conversation

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


21
"22

Q.

Can you --

A.

I know I basically would have called them, and "

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


"24 instead of dialing directly, because sometimes later at "
"25 night or whatever, you don't necessarily call directly "

58
1 to the police.
"2

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

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


4 probably just gave them a synopsis of the situation;
" 5 that I had a patron that was causing a disturbance, "
" 6 didn't want to leave, and I just needed a police officer "
7 to resolve the matter.
8
9

So I -Q.

"10

All right. I understand.


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

11 ex-Marine standing behind me?


"12

A.

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

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


"14
15

Q.
A.

Well, who was not an ex-Marine?"


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

"16 ex-Marine, Mr. Caterbone."


"17

Q.

I said, did you hear me complain about the "

18 ex-Marine behind me?


"19

A.

No, I did not, sir."

"20

Q.

Well, how do you -- the gentleman that you said "

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

23

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

24 confused here.
25

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

59
1 there was a father of a Marine who was in Iraq who
2 complained.
3

Is that what you're talking about?

"4

STAN CATERBONE: Yes, Your Honor."

JUDGE FARINA: All right. Well --

STAN CATERBONE: That's not what the person told

7 me that day.
8

JUDGE FARINA: All right.

STAN CATERBONE: Okay. I understand.

10

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

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


12 your cross examination.
13

STAN CATERBONE: Okay.

14 BY STAN CATERBONE:
15

Q.

Could you describe to me the complaint from the

16 individual about Iraq?


17

A.

I heard you make the comment -- I heard -- I

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


19 This commotion is going on as I'm trying to talk to
20 you.
21

You're turning over your shoulder and

"22 continuing to kind of, like, argue with people around "
23 you.
"24

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

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

60
1 then looked back over your shoulder and said to a group
" 2 of people, well, I think George Bush and all the Marines "
3 should die over there.
"4

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

" 5 gentleman whose son is over there, got very upset. And "
" 6 that's when he said to me, Mike, you better do something "
7 because he's really ticking me off.
"8

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

" 9 at this point, it's -- do you know what I mean, I just "
"10 need somebody to get you to go on your way, because now "
11 it's just another problem.
12

That's when I walked around the bar and the

13 gentleman said something to me then.


14

STAN CATERBONE: May I enter an exhibit into

"15 evidence, Your Honor?"


16

JUDGE FARINA:

What are you offering?

17

STAN CATERBONE: This is the first page of my

"18 website, and it relates to Iraq."


19

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

20 relevance.
"21

STAN CATERBONE: Yes, it most certainly will, "

22 Your Honor.
"23

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

24 you.
25

STAN CATERBONE: It has on there that I support

61
" 1 Iraq, the troops and everything on my website."
2

JUDGE FARINA: That may well be true.

STAN CATERBONE: And I did work for the CIA.

4 That's on my website.
5

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

JUDGE FARINA: Have you ever looked at his

7 website?
"8

THE WITNESS: Not to my knowledge, no."

9 BY STAN CATERBONE:
10

Q.

Did you know that I did work for the Central

11 Intelligence Agency?
"12
13

A.

No, sir."

Q.

You did not?

"14

A.

No, sir."

"15

Q.

Did you ever hear of a company, Advanced Media "

16 Group?
17

A.

Not that I'm aware of.

18

Q.

Did I ever discuss an association with the

19 Central Intelligence Agency in your establishment?


"20

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

21 object to relevance.
"22

STAN CATERBONE: Well, he --"

"23

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

24 relevance -- just a minute.


25

STAN CATERBONE: They're trying to --

62
1
"2

JUDGE FARINA: Just a minute.


Relevance means, what does it have to do with "

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


4 of services?
"5

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

" 6 Your Honor, that there was an ex-Marine there and we had "
7 a discussion. I -- I want to establish what that
8 discussion was.
9
"10

JUDGE FARINA: He just told you.


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

11 testified that I said I wanted George Bush and the


12 Marines to die.
13

I have evidence that my whole -- I spent years

14 and years supporting the efforts over there and I


15 supported -16

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

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


18 your website and doesn't know you're in the CIA and
19 doesn't know -"20

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

21 sir.
22

JUDGE FARINA: Or whatever.

23

So those are the things that you're going to

24 have to establish yourself -"25

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

63
1 admit this into evidence.
2

JUDGE FARINA: -- through your own testimony --

STAN CATERBONE: All right. Thank you.

JUDGE FARINA: -- or some other testimony.

You can't admit it through cross examination

6 where the witness knows nothing about it.


7

STAN CATERBONE: No. I wondered why he was

" 8 biased, sir."

JUDGE FARINA: Proceed.

10 BY STAN CATERBONE:
11

Q.

Do you remember a discussion about an ex-Marine

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


13 day before that?
"14

MS. MUZUREUS: Objection, relevance."

15

JUDGE FARINA: Do you remember?

16

THE WITNESS: No.

17 BY STAN CATERBONE:
18

Q.

When a discussion took place outside of the

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


20 officer my credit card to pay for my tab?
21

A.

It's hard to say because you would say you

"22 wanted to pay, then you didn't want to pay. And then "
"23 you would -- you would flip-flop back and forth, "
"24 resulting, in the end, when you threw the credit cards "
25 at the police officer.

64
1

Q.

How many -- how many -- you said I threw the

2 credit cards. How many credit cards did I throw at the


3 officer?
4

A.

I honestly don't remember. I just remember

5 seeing two or three things fall to the ground.


"6

Q.

Did they fall onto the ground, or did I throw "

7 them at the officer?


"8

A.

Well, you threw them at the officer, and then "

9 they fell to the ground.


10

Q.

I didn't try to hand him my credit card to pay

11 for that bar tab?

12

A.

Not that I recall seeing.

13

Q.

What was the purpose of me trying to give him

14 my credit cards?
15

JUDGE FARINA: Now that's a question that he can't

16 answer.
17

STAN CATERBONE: Okay.

18

JUDGE FARINA: The purpose is in your mind. All

"19 he can testify to is what he saw, and then whatever "


20 inferences that can be drawn from that.
21

STAN CATERBONE: I'm trying to --

22

JUDGE FARINA: I really think --

23

STAN CATERBONE: I understand.

24

JUDGE FARINA: I'm going to give you a little more

"25 time, but I think we're now starting to re-cover a lot "

65
1 of ground. Some of the points you're trying to make to
" 2 me, you can't make them through him."
3

STAN CATERBONE: I'm trying to establish the

" 4 accuracy of his testimony, Your Honor."


"5

JUDGE FARINA: All right. Well, at this point he "

6 says you threw the cards and they dropped.


7 BY STAN CATERBONE:
8
"9

Q.
A.

What happened after the credit cards dropped?


At that point, I think that if I recall, I "

"10 think you basically said to the officer, well, there. I "
11 want to pay my tab. And he said -- and more or less you
12 wanted the officer to pick up the credit cards and use
13 them to pay your tab.
"14

The officer said, well, sir, you'll need to "

"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

And then that was just kind of in that whole

19 period of your erratic behavior. And you -- not that I


"20 saw, but apparently you touched the officer or "
"21 whatever. And at that point, the officer just said, "
"22 look, do me a favor, you know, basically put your hands "
23 behind your back.
24

Q.

Why didn't you process the credit card?

25

A.

You didn't give anybody the opportunity to

66
1 really -2

Q.

I gave it to the officer.


JUDGE FARINA: You're not -- that's not cross

4 examination. You're getting into testimony now.


5

He's repeatedly told the same thing. You

6 can't -"7

STAN CATERBONE: Sir, Your Honor, I don't -- "

JUDGE FARINA: You can't go on and on and on like

9 that.
"10

STAN CATERBONE: I know, Your Honor. But I "

11 don't recollect these events occurring like this.


12

JUDGE FARINA: But you will get the opportunity to

13 testify.
14 BY STAN CATERBONE:
15

Q.

What was the reason that -- how long -- how

16 long did the officer keep me in custody outside of your


17 establishment?

"18

A.

Again, I really -- I mean, I really can't "

"19 answer that. I mean, at one point they had you in the "
20 back of the police car.
"21

How long in the back there, I -- I can't "

22 determine.
23

JUDGE FARINA: We're going to let you question the

24 officer about that. You can get all that information


25 out through the right person.

67
"1

STAN CATERBONE: Well, he testified to that, "

" 2 sir, Your Honor."


3

JUDGE FARINA: Okay. But that's not really

4 bearing on the charges. We can go over and over -5

STAN CATERBONE: I'm trying to establish that I

6 tried to pay for the bar tab.


7

JUDGE FARINA: But this witness isn't backing off

" 8 on that, so you're going to have to do that some other "


9 way.
"10

STAN CATERBONE: He's inconsistent, sir."

11

JUDGE FARINA: We can't keep going over and over

12 and over.
13

STAN CATERBONE: I'm trying to establish why I'm

14 being held outside.


15

JUDGE FARINA: I've heard --

16

STAN CATERBONE: He testified that I wasn't

17 intoxicated. Why can't I drive home?


18 BY STAN CATERBONE:
19

Q.

20 know?

Why wasn't I allowed to drive home? Do you

"21

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

22

JUDGE FARINA: You didn't drive home.

23

STAN CATERBONE: Why wasn't I allowed to?

24

JUDGE FARINA: Because you were arrested.

"25

STAN CATERBONE: No, that's not true, Your "

68
1 Honor. I was not arrested.
2

JUDGE FARINA: You were -- whatever. You were

3 taken.
"4

Now, let's just stick to the relevant issues or "

5 move on to another witness.


6

I'll give you all the time to develop your

" 7 case, but we're just covering things that don't matter "
8 right now.
"9

STAN CATERBONE: Well, that's to you, Your "

10 Honor. It's my defense.


11

JUDGE FARINA: But I rule on what's relevant and

12 what isn't relevant.


13

STAN CATERBONE: All right.

14 BY STAN CATERBONE:
15

Q.

How is it your testimony that I was allowed to

16 drive my vehicle home after I left your establishment?


17

A.

The only thing -- like I -- the officer said to

"18 you at one point, Mr. Caterbone, if you -- if -- they "


"19 said to you at one point, if you were willing to sit for "
20 a couple hours on the back deck.
"21

And at that point you said, well, I'm not "

"22 intoxicated. Whatever they said to you, basically, it's "


"23 not a matter of intoxication, it's just you're obviously "

24 clearly upset. You need time to -- you've got to


"25 remember, you're in the back of the car kicking and "

69
1 screaming. Do you know what I mean? Your behavior is
2 very erratic.
"3

Q.

No, I don't know what you mean, sir. "

"4

A.

Well, what I saw was that, and the officers "

5 basically saw you needed time to just calm down -6

Q.

But it was also your testimony to not -JUDGE FARINA: Do not talk at the same time.

"8

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

9 apologize to JUDGE FARINA.


"10

THE WITNESS: So at that point, they asked us "

11 if it would be okay; offered to you to sit out there.


12

You basically refused.

13

JUDGE FARINA: And then what happened? Was he

14 taken away?
15

THE WITNESS: At some point after that. Not

16 immediately. He remained in the back -- they basically


"17 shut the car door, and he just basically got erratic "
18 again in the back of the car.
19 BY STAN CATERBONE:
20

Q.

It was your testimony earlier that I did not

"21 appear intoxicated, correct?"


22

JUDGE FARINA: That -- he has said yes.

23

STAN CATERBONE: All right. No further

24 questions.
25

JUDGE FARINA: All right. Thank you.

70
1

Do you have any redirect?

"2

MS. MUZUREUS: No, Your Honor, I don't. "

May he be excused?

JUDGE FARINA: You may stay or you're excused.

5 It's up to you.
6

THE WITNESS: Okay. Thanks.

"7

MS. MUZUREUS: Thank you, Mr. Ream. "

The Commonwealth calls Mr. Deck.

"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.

Good morning. Can you please tell us who you

14 are?
15
"16
17
"18

A.
Q.
A.
Q.

My name is Roy Deck.


And how do you spell your last name, Mr. Deck?"
D-e-c-k.
And where are you employed, Mr. Deck?"

19

A.

By the County of Lancaster at the 9-1-1 center.

20

Q.

And what do you do there?

21

A.

I'm the quality assurance supervisor.

22

Q.

And what exactly is that?

"23

A.

Mainly, it's to review audio tapes of "

24 performance by the dispatchers and calltakers to make


"25 sure they're following the proper protocols, policies, "

71
1 and procedures.
2

Q.

And do you have other miscellaneous duties?

A.

Yes. I also basically make all of the audio

4 duplications at the request of either the District


" 5 Attorney's Office, law enforcement, Public Defender, or "
6 private attorneys.
7

Q.

Okay. And do you know how the recording system

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 "

12 made by Audiolog. And


"13

All audio in the room, in the radio room, "

"14 whether it be 9-1-1 calls, telephone calls, radio "


"15 transmissions, they are all logged onto the recorder."
16

Q.

Is this something that's automatic? What

17 triggers the recording?


"18

A.

Well, basically sound itself triggers the "

19 recording.
"20

Q.

Okay. So any time there's sound, there's "

21 recording?
22
"23

A.
Q.

Yes.
And this recording is digital, you stated?"

24

A.

Yes.

25

Q.

Is there any way to tamper with a recording?

72
1

A.

No.

Q.

Any way to add voices or delete voices?

A.

No.

Q.

No way to tamper with that?

A.

No way.

"6

Q.

And for this particular case, did you make "

7 copies of the 9-1-1 phone calls?


"8

A.

Yes, I did."

Q.

And you made that for law enforcement?

10

A.

Yes.

11

Q.

Did you give the 9-1-1 CD to Officer Bezzard?

12

A.

I believe it was mailed to him.

"13

Q.

Okay. And is -- I'm sorry, is it a CD? How "

14 are these -"15

A.

Yes, it's recorded -- I record it in my office "

"16 straight from the recorder, which is PC based. "


"17

So I bring up the recorder on my computer, and "

18 then I record it directly on to my PC through a CD


19 burner.
20

Q.

Okay. So you burn it onto a CD?

21

A.

Yes.

22

Q.

And then you gave the CD to law enforcement?

23

A.

Yes.

24

Q.

And this is something that's normally done for

25 9-1-1 in the regular course of business?

73
1

A.

Yes. I make probably one duplication a day.

MS. MUZUREUS: I have no further questions.

JUDGE FARINA: Do you have any questions?

"4

STAN CATERBONE: Yes, Your Honor."

JUDGE FARINA: Well --

STAN CATERBONE: What's the relevance?

"7

JUDGE FARINA: Well, is that all you're going to "

8 do with him?

"9

MS. MUZUREUS: With Mr. Deck, yes, Your Honor."

10

JUDGE FARINA: Are you going to play a tape?

"11

MS. MUZUREUS: With Jennifer Miller, Your "

12 Honor. Yes.
13

JUDGE FARINA: Who's going to authenticate the

14 tape?
15

MS. MUZUREUS: Jennifer Miller.

16

JUDGE FARINA: So his testimony is just --

17

MS. MUZUREUS: Laying --

18

JUDGE FARINA: Do you have anything to do with

19 this case?
20

THE WITNESS: I made the CD of the 9-1-1

21 calls. Yes.
22

JUDGE FARINA: Talk about that so we know what his

23 connection is.
24

MS. MUZUREUS: Okay.

25

(Commonwealth's Exhibit No. 1 marked.)

74
"1

MS. MUZUREUS: Your Honor, I actually have the "

2 original marked as Commonwealth's Exhibit Number 1.


3 BY MS. MUZUREUS:
"4

Q.

Mr. Deck, if you could please look at "

5 Commonwealth's Exhibit number 1 and identify that for


6 JUDGE FARINA.
7

A.

Yes. This is a CD with our logo emblazoned on

8 it. I made this recording on October 23rd of this


9 year.
10

And it's four 9-1-1 calls from October the 6th

11 of '05.

12

JUDGE FARINA: All right. So you personally

13 burned the disk from the recording system?


14

THE WITNESS: From our master recorder.

15

JUDGE FARINA: Okay. And you're the one who is in

16 charge of all of that?


17

THE WITNESS: Yes.

18

JUDGE FARINA: Okay. All right. Anything else?

"19

MS. MUZUREUS: Not of Mr. Deck, Your Honor. "

"20

JUDGE FARINA: Not of Mr. Deck. Now, go ahead. "

21

CROSS EXAMINATION

22 BY STAN CATERBONE:
23

Q.

Do you have a recording of all 9-1-1 calls?

24

A.

Yes.

25

Q.

How long do you keep those?

75
1

A.

At least a year.

Q.

At least one year?

A.

Uh-huh.

"4

Q.

On average, what would you say -- what -- if -- "

5 if the phone call that I made was on October 5th of


" 6 2005, normally when would they be deleted?"
7

A.

It depends on the capacity of the system. We

8 haven't reached capacity with the system yet.


9

We put in a new recording archive unit about

"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

We haven't hit the deletion point yet.


Q.

Is this an internal archive of hard drive or

"14 tape, or what type of system do you use for archiving?"

15

A.

It's stored on the hard drive.

16

Q.

On the hard drive. Do you know what size hard

17 drive that is?


18

A.

No.

19

Q.

Capacity?

20

A.

No.

21

Q.

So you haven't dumped any off since you went

22 over to the new system?


"23

A.

Oh, a lot. Yes."

"24

Q.

No. I mean, you haven't erased any since you "

25 had the new system installed?

76
1

A.

That's correct.

Q.

And the new system was installed when?

A.

It's not a new system. It's a new --

Q.

I mean the new archiving system.

A.

-- archiver.

6
7

It was November of '04.


Q.

And there were how many calls that you -- did

8 you burn? How many calls did you -9

A.

On that particular CD?

10

Q.

Right.

11

A.

In reference to the incident?

12

Q.

Correct.

13

A.

Four.

14

Q.

Four.

15

Do you normally testify to the authenticity of

16 tapes?
"17

A.

Yes, about twice a month."

18

STAN CATERBONE: No further questions.

"19

MS. MUZUREUS: No redirect, Your Honor. "

20

May he be excused?

"21

JUDGE FARINA: Thank you, Mr. Deck. You may step "

22 down. You're excused.


23

THE WITNESS: Okay. Thank you.

24

MS. MUZUREUS: The Commonwealth calls Jennifer

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.

Good morning. Can you please tell us who you

7 are?
8

A.

Jennifer Miller.

Q.

And how do you spell your last name?

10

A.

M-i-l-l-e-r.

"11

Q.

And Miss Miller, I'm going to take you back to "

"12 the date of October 6th of last year, 2005. "


13
"14

Do you recall that date?


A.

Yes, I do."

15

Q.

And where were you employed on that date?

16

A.

Lancaster County-Wide Communications.

17

Q.

And what do you do there?

"18

A.

We dispatch police, fire and ambulance."

19

Q.

And what do you specifically do?

20

A.

Dispatch police and answer 9-1-1.

21

Q.

And did you have an opportunity to listen to

22 the CD that is at issue today?


"23

A.

Yes, I did."

"24

MS. MUZUREUS: Your Honor, if I may play "

25 Commonwealth's Exhibit Number 1?

78
1

JUDGE FARINA: Let her first tell us what it is.

"2

Before you play it, tell -- let's make sure she "

3 knows what you're talking about.


4 BY MS. MUZUREUS:
"5

Q.

Miss Miller, the CD that you listened to, what "

6 did that reference?


7

A.

When Mr. Caterbone called 9-1-1 saying that he

8 needed assistance at the Brasserie because he was being


9 held by the police department and he requested State
10 Police.
11

Q.

And did you actually talk to Mr. Caterbone on

12 that date?
"13
14

A.
Q.

Yes, I did, one time."


Okay.

15

JUDGE FARINA: So you listened to the CD?

16

THE WITNESS: Yes.

17

JUDGE FARINA: And did it accurately reflect the

18 conversations that you had with Mr. Caterbone that day?


"19

THE WITNESS: Yes, it does."

20

JUDGE FARINA: All right. Now you can play it.

21 BY MS. MUZUREUS:
22

Q.

23 CD?

And you were able to identify the voices on the

24

A.

Yes.

25

Q.

And whose voices were on the CD?

A.

The 9-1-1 call taker, myself, Mr. Caterbone."

79
"1
2
"3

MS. MUZUREUS: Okay.


May I approach, Your Honor? "

JUDGE FARINA: Yes.

MS. MUZUREUS: Did you want to see the CD?

JUDGE FARINA: No.

Is it marked?

MS. MUZUREUS: It was previously marked as

" 9 Commonwealth's Exhibit Number 1, Your Honor."


10
"11

JUDGE FARINA: All right.


MS. MUZUREUS: And, Your Honor, I don't believe "

12 this needs to be transcribed.


13
"14

(CD played.)
STAN CATERBONE: Your Honor, that's not my "

15 voice. That's -16

JUDGE FARINA: Stop it.

17

STAN CATERBONE: That's not my voice.

18

JUDGE FARINA: Just a minute. Just a minute.

"19

All right. Miss Miller, was that your voice?"

20

THE WITNESS: No. That's the 9-1-1 call taker.

21

JUDGE FARINA: This is not his voice. This is --

22 this would be relating to the phone call from the other


23 gentleman?
24

MS. MUZUREUS: It's actually Michael Ream. He

"25 identifies himself on the CD, Your Honor."

80

"1

STAN CATERBONE: Well, she just changed. I "

2 thought she was going to play the tapes of me calling


3 9-1-1.
4

JUDGE FARINA: So did I.

"5

MS. MUZUREUS: It's all one CD, Your Honor."

"6

JUDGE FARINA: Yes, but you have to authenticate "

7 Mr. Ream. You really need him to do that.


8

MS. MUZUREUS: I can --

JUDGE FARINA: She has no connection to Mr. Ream.

10

STAN CATERBONE: I object to this being played.

11

JUDGE FARINA: I hear you.

"12

Now, you fast forward it to his calls. "

13

(CD played.)

14

STAN CATERBONE: Can I have that last part

"15 replayed, Your Honor?"


16

JUDGE FARINA: All right. You'll get a chance on

17 cross examination.
"18

STAN CATERBONE: All right. Thank you, Your "

19 Honor.
"20

MS. MUZUREUS: I have no further questions, "

21 Your Honor.
22

JUDGE FARINA: All right. Cross examine.

23

CROSS EXAMINATION

24 BY STAN CATERBONE:
25

Q.

I just have -- you were the woman on the

81
1 opposite end of my call to 9-1-1; is that correct?
2

A.

I had talked to you one time. The first time

" 3 that you called, it was transferred to me. That was the "

4 only time I actually talked to you.


"5

Q.

During those calls, when the 9-1-1 operator was "

" 6 putting me on hold, do you recall that?"


7

A.

She transferred you. She didn't put you on

8 hold.
9

Q.

Who was she transferring me to?

10

A.

Me.

"11

Q.

Well, how many times did I speak to you?"

12

A.

Once.

13

Q.

Wasn't it several times?

14

A.

You were transferred three times. You talked

15 to me once.
16

Q.

Where did the other two transfers go?

17

A.

To me. But you didn't talk to me. You were

18 talking to the officer.


19
"20

JUDGE FARINA: So you were on the other line.


You were on the line, though, with each "

21 transfer?
22

THE WITNESS: Right. Right.

23

STAN CATERBONE: Okay. No questions.

24

JUDGE FARINA: All right. Thank you. You may

25 step down. You're excused.

82
1

THE WITNESS: Thank you.

MS. MUZUREUS: Call Officer Bezzard.

"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.

Could you please state your name?

A.

Officer Ronald Bezzard.

Q.

And how do you spell your last name?

10

A.

B-e-z-z-a-r-d.

11

Q.

Where are you employed?

12

A.

East Lampeter Township Police.

13

Q.

And in what capacity?

"14

A.

I'm a police officer, patrol officer."

15

Q.

And how long have you been a police officer?

16

A.

Since May of 1991.

17

Q.

And taking you back to October 6th of last

"18 year, 2005, do you recall that date?"


"19
20
"21

A.
Q.
A.

Yes, I do."
Were you on duty that date?
Yes, I was."

22

Q.

Do you recall what shift you were working?

23

A.

I was on midnight shift. We work two 12-hour

24 days and nights. My shift started at 7 p.m.


25

Q.

Okay. So you started at 7 p.m. on October 6th?

83
1
"2

A.
Q.

Yes.
And on that date, were you in uniform "

3 displaying a badge of authority?


"4
5

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

" 9 Lincoln Highway East, and that's in East Lampeter "

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

16 were dispatched to the Brasserie?


17

A.

I believe the dispatch call came at 7:42 p.m.

18

Q.

And did you actually go to the Brasserie?

"19

A.

Yes, I did."

20

Q.

What happened once you got there?

21

A.

I got there -- the original dispatch was for a

22 customer creating problems and then refusing to pay his


23 tab and leave.
"24

I arrived. I met the manager, Mike Ream, by "

"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

So I walked in. He pointed the customer out, "

" 5 and it was Mr. Caterbone, who is seated at defense "


6 table.
"7

MS. MUZUREUS: Your Honor, may the record "

8 reflect that he identified STAN CATERBONE?


9
10
"11

JUDGE FARINA: It may.


MS. MUZUREUS: Thank you.
THE WITNESS: At that point, I asked him to "

12 exit the bar for several reasons; there was a decent

"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

Outside -- Mr. Caterbone followed me outside

"17 without a problem, but once outside became "


"18 argumentative, stating that, you know, he didn't feel "
"19 that he was drunk, he shouldn't have been flagged, and "
20 he disputed the amount of drinks that were indicated on
21 his tab.
22 BY MS. MUZUREUS:
23

Q.

24
25

Let me interrupt you.


When you went outside where did you go outside?

A.

We went back out that side door. It's the

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.

So you're standing in the driveway?

A.

Up the driveway a bit where it started to flare

6 into the parking lot.


7

Q.

Okay. And what occurred between yourself and

8 STAN CATERBONE?
9

A.

He initially stated -- felt he shouldn't have

"10 been flagged, he wasn't intoxicated. And he was arguing "


11 whether it was six or seven drinks on the tab.
"12

I said, at that point it doesn't really matter, "

"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

He refused initially to identify himself. He

"17 became loud, boisterous, yelling that I and the "


18 situation was chicken shit.
"19

During this time, people are coming and going. "

"20 Obviously, they're looking to see what's going on. "


"21 There's a disturbance going on. He was storming around, "
22 refused to tell me who he was.
"23

When I asked if he would pay his tab, he would "

24 refuse to pay his tab. He eventually pulled two credit


25 cards out of his wallet and threw them at me. They went

86
" 1 to the ground. I was, for safety reasons, not going to "
2 immediately bend over and get them.
"3

He then, as the argument proceeded, poked me a "

4 couple of times. I asked him not to touch me.


"5

On the second time, because of the loudness, "

" 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

At that time, my intention was to try get him a "

"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

So at that point, if he's not telling me he'd "

"18 sign it, I'm not going to have them do an unauthorized "

19 charge. So he was also going to be cited for theft of


"20 services for the tab, which I believe was $36."
"21

Q.

Did you, in fact, write citations for the "

22 disorderly conduct and for the theft of services?


23

A.

Yeah. I was writing his citations as he was in

24 the back of the car. And as we were -- other officers


25 were helping me get written statements.

87
1

We were also trying to figure out if we could

" 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

A PBT isn't a certified device, it just gives "

7 us an idea. It was borderline; he had just left the


8 bar. I didn't know if his blood alcohol was going up or
" 9 down, but since he had just left the bar, my feeling was "
10 it could very well have been going up. And I'm not
11 going to let somebody that is borderline drive. It's a
12 liability issue; it's a safety issue.
"13

As I was writing the tickets, we were getting "

14 the statements. I was notified by Lancaster County


15 communications that Mr. Caterbone had called numerous
16 times from the back. I tried to have him not call
17 county and tried to get the phone from him. He had
18 accessed that -- he was handcuffed behind his back. He
19 had accessed it from -- I don't know if it was on his
"20 belt or his coat pocket. In my mind, it wasn't worth "
21 that much of a struggle to refuse to turn it over.

22

After the fourth call -- or excuse me -- the

"23 third call to county communications, I said, well, this "


24 is enough. We're going back to my station. This is
25 obviously not going to be able to be handled here.

88
"1

He was initially glad that we were going, "

2 because he felt he was in danger in the parking lot.


" 3 When I asked why, he offered numerous alternatives; one "
" 4 was cause of his work with the CIA, one was because he "
" 5 had just filed a lawsuit in California, and one was "
6 because of his prior involvement in the Lauri Show
7 case. None of them seemed to make any sense to me.
8

But because of the repeated calls to

" 9 communications and tying up those lines, we went back to "


10 station where he was processed.
11

He also had refused at that point to provide

12 any kind of ride information. He was eventually


13 transported to his residence in Conestoga.
14

Q.

And you also brought the charge of the M-3

"15 harassment, which we have reduced to a summary "


16 harassment?
17

A.

Yes.

18

MS. MUZUREUS: I have no further questions.

19

JUDGE FARINA: Cross examine.

"20

STAN CATERBONE: Yes, Your Honor. "

21

CROSS EXAMINATION

22 BY STAN CATERBONE:
"23

Q.

Officer Bezzard, do you remember the first time "

24 we had a preliminary hearing on these -- on this case?

25

A.

There was one originally scheduled at DJ

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

Turned out it wasn't. Those charges were

6 withdrawn to be refiled.
7
"8
9

Q.
A.
Q.

Did we actually conduct a hearing that day?


No, we did not. "
Do you remember the date?

"10

A.

No, I do not."

"11

Q.

Wasn't it December 5th, 2005?"

12
"13

A.
Q.

It may have been.


During our hearing, meeting, whatever, did you "

14 make a phone call to the District Attorney's Office?


"15

A.

Yes, I did."

16

Q.

Could you describe the conversation?

17

A.

It was a question of whether it would have been

"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.

That was my error.

24

Q.

Not the DA's?

25

A.

The original one when I brought two separate

90

" 1 charges, my error. I found out about that error and we "
2 fixed it.
3

Q.

Did I have a -- did I raise an objection with

4 Judge Reuter as to the timeliness of the filing of the


5 charges?
"6

A.

We weren't in a hearing, so you wouldn't have "

7 an objection.
"8

Whether you brought that up or not, I don't "

9 recall.
"10

Q.

Pardon? I'm sorry, I didn't understand what "

11 your answer was.


"12

A.

We weren't in a hearing, so there would not "

13 have been an objection.


"14

Whether you brought that subject up or not, I "

15 don't recall.
16

Q.

Did I raise --

"17

JUDGE FARINA: Again, don't speak at the same "

18 time.
"19

STAN CATERBONE: I'm sorry. I'm sorry, Your "

20 Honor.
21

JUDGE FARINA: Let him finish his answer.

22

THE WITNESS: I don't recall if you brought it

23 up while we were there.


24 BY STAN CATERBONE:
25

Q.

Did Judge Reuter?

91
1

JUDGE FARINA: Was it Reuter?

THE WITNESS: Reuter.

"3

STAN CATERBONE: I'm sorry, Judge Reuter."

4 BY STAN CATERBONE:
5

Q.

Did Judge Reuter impose -- did Judge Reuter

6 reflect upon you that he wanted these charges filed in a


7 timely manner?
"8

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

" 9 going to object. I don't see the relevance, and it's "
10 beyond the scope.
11

JUDGE FARINA: I'll let it proceed for a little

12 bit to see if he develops relevance.


13

THE WITNESS: Judge Reuter initially wanted

14 them refiled through his office. It had been changed


15 from Judge Savage's office to Judge Reuter's office.
16

I proceeded to get the okay from the ADA --

"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.

Didn't Judge Reuter instruct you to communicate

24 with me whether the charges were going to be refiled at


25 all or not?

92
"1
2
"3
4

A.
Q.

Yes, and I did tell you they would be refiled."


And did you make any communication with me?

A.
Q.

I e-mailed you, I believe."


And do you remember the contents of that

5 e-mail?
"6

A.

I believe I said they will be refiled, it "

" 7 should be in a couple days; however, the ADA -- excuse "


" 8 me, the DA's office then --"
9

Q.

Was this in the -- is the context of the

10 e-mail?
"11

A.

No. The content of the e-mail was, it should "

12 be done in a few days.


13

Q.

Okay.

"14

STAN CATERBONE: Could I enter an exhibit, Your "

15 Honor? The e-mail.


"16

JUDGE FARINA: Well, he's admitted to the e-mail. "

17 Is there anything else in it?


18 BY STAN CATERBONE:
19

Q.

Didn't you state in that e-mail that the

20 charges should be refiled in a week?


"21

A.

Yes, sir. I don't remember the exact wording, "

22 but that would probably be about it.


23

Q.

Okay. Can you explain why they were not

24 refiled within a week?


25

A.

The DA's Office would not approve filing in DJ

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

It got placed on the bottom of my to do pile

5 and was overlooked.


6

Q.

The original preliminary hearing was scheduled

" 7 for Judge Reuter, correct?"


"8

A.

Actually, the original one would have been "

9 scheduled through Justice Savage's office.

10

Q.

Correct. And I --

11

A.

And it was changed at your request.

12

Q.

Okay. So the second hearing was scheduled for

13 Judge Reuter's?
14

A.

Correct.

15

Q.

And we did not have that hearing because you

"16 erred in your paperwork, correct?"


17

A.

Correct.

18

Q.

Why was there a problem with rescheduling the

19 charges in Judge Reuter's office after your error in the


20 paperwork?
21

A.

I can't just file anything through a district

22 justice other than my own. I have to have approval for


23 that.
24
"25

Q.

Okay.

A.

The DA's Office would not give approval, "

94
1 because of your conflict with Savage was no longer
2 applicable as he was no longer a DJ.
3

Q.

So the District Attorney would not give you

4 approval to refile the charges; is that your testimony?


5

JUDGE FARINA: With Reuter. With Judge Reuter.

6 BY STAN CATERBONE:
7

Q.

With Judge Reuter?

A.

That's correct.

JUDGE FARINA: That's what he's saying.

10 BY STAN CATERBONE:
11
12

Q.

So on December 5th -- okay.


The District Attorney would not give you

13 approval to refile the charges?


14

A.

The District Attorney Office. I don't know if

"15 it was the District Attorney himself, but his office."


16

Q.

Do you remember receiving a letter on December

17 5th from the District Attorney giving you approval to


18 refile the charges?
"19

A.

Yes, but I could not do it through District "

20 Justice Reuter's office.


"21

Q.

Well, why didn't the District Attorney "

"22 speculate that, or why wasn't that on the letter? "


23

STAN CATERBONE: May I enter that exhibit?

24

JUDGE FARINA: That's a question he can't answer.

"25

STAN CATERBONE: He's lying, Your Honor. There "

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

He's lying, and they're lying."

JUDGE FARINA: It's Judge Reuter --

STAN CATERBONE: Judge Reuter.

JUDGE FARINA: -- and --

"8

STAN CATERBONE: Well, can I enter this as an "

9 exhibit?
10

JUDGE FARINA: I'll look at it.

11

But let me explain something to you. Charges

12 are filed in the DJ's office that has jurisdiction over


13 the transaction or occurrence.
14

The testimony that I have heard is that this

15 occurred in Judge Savage's district; that because of

16 apparently an objection by -17

STAN CATERBONE: I raised -- I -- I -- I

18 motioned for a change of venue.


19

JUDGE FARINA: And it was changed --

20

STAN CATERBONE: To Judge Reuter.

21

JUDGE FARINA: -- to Judge Reuter.

"22

Then, when it was to be refiled, Judge Savage "

"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

STAN CATERBONE: Well, why --"

JUDGE FARINA: -- so it went back to the district

3 under whoever was sitting there at the time.


4

THE WITNESS: Cummins.

STAN CATERBONE: And it took five months for

" 6 that to happen, Your Honor. "


7

JUDGE FARINA: Okay.

STAN CATERBONE: Thank you.

JUDGE FARINA: But that's what happened.

10 BY STAN CATERBONE:
"11

Q.

And why did it take five months, Officer, to "

12 refile the charges?


13

A.

The charges were on the bottom -- it got to the

14 bottom of my pile of things to do and was overlooked.


"15

Q.

Were you aware that the day before that, I was "

16 in the office -- the field office of the FBI in


"17 Harrisburg, Pennsylvania?"
18

A.

No.

19

Q.

Were you aware that I had filed a Federal civil

20 action against the Lancaster County Prison in May of


21 2005?
22

A.

No.

23

Q.

Were you aware that I filed an affidavit in the

24 Lauri Show case in 1998?


25

A.

No.

Q.

You were not aware of that?

A.

No.

Q.

When did you become aware of that?

97

"4

A.

If you said you did, I don't doubt you. But I "

5 have no reason to be aware of that.


"6

Q.

Well, you just testified -- you brought that "

" 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

You said the Lauri Show murder trial -A.

Yes, I said your involvement."

12

Q.

Right.

13

A.

You said you filed an affidavit.

"14
15

Q.
A.

No, I just said I did. You just --"


Right. I did not testify that you filed an

16 affidavit. Originally I said your involvement. I


17 first -"18

Q.

You questioned my involvement, did you or did "

"19 you not, the night of December -- or October 5th?"


"20
"21

A.

Did I not question it, no. You brought it up. "


STAN CATERBONE: Your Honor, I didn't testify. "

22 He did. He just testified I wrote it down.


23

JUDGE FARINA: Just a minute. He's testifying.

24 You examine. That's all that goes on here. We don't


25 argue right now what the ultimate facts are.

98
1

I'm listening to the testimony. I'm the finder

2 of fact. Just conduct yourself like any lawyer would -3

STAN CATERBONE: I'm sorry.

JUDGE FARINA: -- and question the man.

"5

STAN CATERBONE: I apologize, Your Honor. "

6 BY STAN CATERBONE:
7

Q.

Were you aware that I had an association -- did

8 I make it -- did I make you aware on October 5th that I


9 had an association with the Central Intelligence Agency?
10

A.

You felt you were in danger because of your

"11 work with the CIA, was one of the several things you "
"12 stated, yes."
13

Q.

Could it have been I said that because of my

14 association -"15

A.

Involvement, association. I don't remember "

"16 your exact verbiage, but along those lines."


17

Q.

Okay. But I didn't -- I didn't -- I didn't

18 tell you that I worked for the CIA?


19

A.

You gave the impression you worked with them or

20 did work for them. I didn't commit it to memory.


"21

Q.

So, in other words, if I did work for them in "

"22 1989 with regards to technology, that would fall in the "
"23 scope of working for the CIA, correct?"
24

A.

It's --

25

JUDGE FARINA: He can't answer that question.

99
1

THE WITNESS: It's semantics.

JUDGE FARINA: His testimony was an impression.

STAN CATERBONE: Okay.

4 BY STAN CATERBONE:
5

Q.

If you knew -- if you knew that I did work for

" 6 the CIA with regards to technologies, information "


7 technologies -8

JUDGE FARINA: Did you know that?

THE WITNESS: No.

10

JUDGE FARINA: Okay. Then that question has no

11 bearing.
12

STAN CATERBONE: Okay. All right.

13 BY STAN CATERBONE:
14

Q.

Did you know that I did -- did you know that I

15 did file an affidavit pertaining to prosecutorial


16 misconduct to Judge Dalzall in 1998?
17

A.

No.

18

Q.

What was my conversation about the Lauri Show

19 murder trial with you on October 5th that you just


20 testified about?
"21

A.

In your rants, you felt you were in danger "

"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.

Were you aware that there is a Federal civil

100
1 action regarding my brother's death in California?

A.

I have no idea if there is or not.

Q.

Did you ever give me a chance to explain these

4 things to you?
"5

A.

At the time, no. It was irrelevant."

"6

Q.

Well, irrelevant to you. "

Could they have been relevant to me and the

8 fear for my safety?


9

JUDGE FARINA: Mr. Caterbone --

10

STAN CATERBONE: Your Honor.

11

JUDGE FARINA: -- he said --

12

STAN CATERBONE: Okay.

13

JUDGE FARINA: -- the only relevance of that is to

"14 explain why you wanted to do something, and that's all "
15 he's testified to.
"16

STAN CATERBONE: Yeah, wanted someone to protect "

17 my safety.
"18

JUDGE FARINA: But as to any details about that, "

19 there's no relevance here now.


20

STAN CATERBONE: Okay.

21 BY STAN CATERBONE:
22

Q.

Were you aware that I was physically assaulted

"23 on August in Pismo Beach, California and there is a "


24 police record of the assault?
"25

JUDGE FARINA: Mr. Caterbone, we're going much far "

101
" 1 afield of what is going on here, so please move on --"
2

STAN CATERBONE: Your Honor --

JUDGE FARINA: -- to other subjects.

STAN CATERBONE: -- I was threatened in that

5 bar. I was threatened.


"6

JUDGE FARINA: Well, then you'll have to testify "

7 to that.
8

STAN CATERBONE: Okay. But if I find his

" 9 testimony inconsistent with the facts of that day, can't "
10 I -11

JUDGE FARINA: He doesn't know anything about an

12 assault in California -"13

STAN CATERBONE: No, but -- Your Honor --"

14

JUDGE FARINA: -- or an assault --

15

STAN CATERBONE: He's --

16

JUDGE FARINA: You can ask him if he knows

17 anything about an assault in the bar.


18 BY STAN CATERBONE:
19

Q.

Isn't it true that it is your job to protect

20 citizens if they fear that their safety is at risk?


21

A.

Yes.

22

Q.

Did you feel on that day that I -- did you feel

23 on that day that I -- that I told you that I was in


24 fear?
25

A.

You told me you were in fear. I did not think

102
1 you were in any danger whatsoever.
2

Q.

What did you --

A.

You were in the rear of a marked police car

4 with three other police units there. I felt your safety


5 was just fine.
6

Q.

How long -- what did you do to determine that I

" 7 was not at risk in that establishment, up until the "

8 point you put me in your cruiser?


9
10

A.

I don't understand what you're asking.

Q.

You just testified that I relayed upon you that

"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

I'm asking you what did you investigate to

15 determine that I was not at risk at that -- in that


16 establishment or outside of it?
17

A.

At the time you expressed your concern about

"18 being in danger in the rear of my car, I used common "


19 sense.
20

Q.

In the rear of the car?

21

A.

There were three police officers. You were

22 secured in the back of a car. I didn't think anything


23 was going to happen to you.
24

Q.

Okay. I'm secured in the back of your police

"25 vehicle, correct?"

103
1

A.

Correct.

Q.

Didn't you just testify that you wanted me to

3 go and sit on the back of that deck for two hours -"4

A.

I don't know if that was part of my testimony, "

5 but -6

Q.

-- to settle down? To settle down?

A.

I believe that was part of Mike Ream's

8 testimony.
9

My concern was your immediate driving because

10 of your blood alcohol content. That was one of the

11 options; if you would sit there and relax.


12

Because you gave no other options. You refused

13 to provide any information of someone who could pick you


14 up. You refused to take a cab. You were limiting my
15 options on finding a way to let your blood alcohol come
16 down.
17

Q.

Michael -- you just heard Michael Ream testify

"18 that he didn't believe that I was intoxicated, correct?"


19

A.

That was his opinion. My opinion was

20 different.
21

Q.

When did you determine -- or when did you feel

22 that you observed me being intoxicated?


23

A.

Your actions in the parking lot were not

24 rational. You were given a BAC which was borderline


"25 failure. At that point, I had no intention of letting "

104
1 you drive.
2

Q.

Didn't you testify that I walked out of that

3 establishment peacefully?
4

A.

Yes.

Q.

Was I intoxicated when I walked out of that

6 establishment?
7

JUDGE FARINA: Intoxication is not -- what the law

8 prohibits is driving under the influence with a blood


9 alcohol content of .08 or higher. He has testified you
"10 were borderline .08, .07."
11

STAN CATERBONE: That's not --

12

JUDGE FARINA: Someone at that level may well look

13 and act fine --

14

STAN CATERBONE: Okay.

15

JUDGE FARINA: -- but the law says they're

16 impaired.
17

And he's telling you he didn't -- wasn't going

18 to give you the chance to -- he was -- he protected you


19 there.
20

STAN CATERBONE: Okay.

"21

JUDGE FARINA: Please, let's move on."

22 BY STAN CATERBONE:
23

Q.

Why did you not give me a sobriety test?

24

JUDGE FARINA: He wasn't charging you with DUI.

25 You weren't operating a car. There was no --

105
1

STAN CATERBONE: I know. He wouldn't let me

" 2 drive home, Your Honor. That was the problem. "
3

And I had files in that vehicle that I was in

4 fear of them being stolen. They were stole a month


5 before that in California.
"6

JUDGE FARINA: Well, then you can testify about "

" 7 all that. Now, please move on."


8 BY STAN CATERBONE:
9

Q.

What was your intention -- why did you put me

10 in the back of your police car?


"11

A.

At the time, you were creating a disturbance. "

"12 And it was for my safety, your safety, and the general "
13 public.
14

Q.

How long did you want me to sit in the back of

15 that police car?


16

A.

Until I finished writing the citations and

17 arranged for a ride.


18

Q.

Isn't it true you gave me those citations back

19 at the police station?


20

A.

After your third call to Lancaster County

21 Communications when it was apparent that wasn't going to


"22 work, yes, we went back to the police station."
23

Q.

Did you ever tell me that -- did you ever

24 notify me that I was under arrest?


"25

A.

I believe the second time you poked me, as I "

106
1 grabbed you.
2

Q.

Poked you?

"3

A.

Yes, sir."

"4

Q.

When did I poke you, sir?"

"5

A.

In the parking lot, twice, in the chest. That "

6 was after you threw the credit cards at me.


7
"8

Q.
A.

Is that -And I placed you in cuffs and said, you're now "

9 under arrest.
"10

Q.

Is that in your affidavit of probable cause, "

"11 the one that -- I mean, you have two of them. I'm not "
12 sure which one -13

A.

As it was not directly relevant to the DC or

"14 theft of services or misdemeanor charge, no. "


15

That actually would have -- on a police officer

16 would have been a simple or aggravated assault.


"17

Q.

So that's not on any paperwork, is it, that I "

18 poked you?
"19

A.

No, but it was in my recollection, as well as "

20 Mike Ream's as he testified to it.


"21

Q.

Now, you're a police officer and you're -- "

22 you're testifying that I poked you and you didn't file


23 assault charges?
"24

A.

No. It was minimal, and it was not worth it."

"25

Q.

Isn't it true that I told you, distinctly told "

107
" 1 you, why I did not want to leave my van there?"
2

A.

Yes.

Q.

What reason did I give you?

"4

A.

You had numerous files in there, and you were "

5 afraid for their safety.


"6

While we were at station, I gave you the "

" 7 option, we would go by there and pick them up as I drive "


8 you home.
"9

You initially agreed to that, and then stated, "

"10 no, just take me home, which we did."


11

Q.

And what happened after I got home?

12

A.

I left. What you did at that point -- I safely

13 got you home. What you did at that point is up to your


14 decision.
15

Q.

What did I tell you I was going to do?

16

A.

You said you were going to go back and pay for

17 the bill.
18

Q.

And what else?

19

A.

I imagine get your files.

20

Q.

So I was concerned about the files?

21

A.

I have no doubt of your concern for those

22 files.

23

Q.

And didn't I tell you that those files -- that

24 I had a report that that van was broken into in Las


25 Vegas a month previous to that?

108
"1

Didn't I tell you that, at the MGM Grand, and "

2 that was the reason I didn't want to leave that van


3 there alone?
4

A.

That I don't recall.


I know your concern for the files. The

6 specifics of where it may have been broken into I have


7 no idea.
8

Q.

If you have someone with a blood alcohol of

" 9 .07, do you usually give a sobriety test? "


"10

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

11

JUDGE FARINA: If they're arrested for DUI. You

12 weren't arrested.
"13

Move on, please. You're going very far afield "

14 here of the charges themselves. Your concern for your


15 van is not relevant to these charges. Your concern for
"16 your files is not relevant to the theft, disorderly "
"17 conduct, and harassment charge."
"18

STAN CATERBONE: It's relevant, Your Honor, "

19 because I called for State Police because I was fearful


"20 for my safety and the safety of my files, and he was not "
21 protecting me.
22

JUDGE FARINA: We'll have to hear you testify

23 about that.
24

STAN CATERBONE: All right.

25 BY STAN CATERBONE:

109
1

Q.

I originally signed -- I originally changed

2 venue from District Justice Savage's because of the


" 3 facility to Reuter's, correct? "
4

A.

I have no idea why you changed it.

Q.

But I did change venue.

JUDGE FARINA: And what's the relevance of this?

"7

STAN CATERBONE: Well, they went and had the "

8 preliminary hearing five months later in the same -- in


9 the same office that was changed the first time.
10

JUDGE FARINA: With a new district justice. So

11 move on.
12

STAN CATERBONE: It wasn't because of the

"13 district justice, Your Honor. It was because I was "


14 arraigned there in 1987.
15

JUDGE FARINA: Move on. Move on.

16 BY STAN CATERBONE:
17

Q.

How many -- how many affidavits of probable

18 cause did you fill out?


19

A.

In this case?

20

Q.

Yes.

21

A.

It would have been the original one that was

"22 withdrawn, and then a second one. So, two."


23
"24
25

Q.
A.
Q.

Was there a difference between the two?


Yes, there would have been."
When did you -- when did you write the second

110
1 affidavit of probable cause?

A.

I don't recall.

Q.

Was it in May or was it in December or October?

A.

It would have been --

Q.

Was it in October of 2005 or May of 2006?

A.

It would have been immediately before they were

7 filed.
8

Q.

So it would have been in May of 2006?

A.

Along that time frame. The exact time I don't

10 know.
11

Q.

But the discrepancies -- not discrepancies --

12 the differences between the two -- in the affidavits of


"13 probable -- the differences, did they come from notes or "
14 your memory?
15

A.

The differences would have been the addition of

16 the facts and circumstances for the theft of service and


17 for the disorderly conduct which I had initially written
18 as citations.
19

Q.

But where did the -- did they come from?

20 Notes?
"21
22
"23
24

A.
Q.

They came from the reports, yes."


From the reports? From your internal reports?

A.
Q.

From the general report, yes."


Was it -- was it -- who wanted to refile these

"25 charges? Was it you or the District Attorney's Office, "

111
1 in May?
2

How did that process work? How did it -- how

" 3 did it go five months and then all of a sudden, come May "
" 4 18th, you decide to refile these charges?"

MS. MUZUREUS: Your Honor --

JUDGE FARINA: Irrelevant. Proceed.

STAN CATERBONE: I have no further questions.

JUDGE FARINA: All right. Do you have any

9 redirect?
"10

MS. MUZUREUS: No redirect, Your Honor. Thank "

11 you.
"12

JUDGE FARINA: All right. Thank you, Officer. "

13 You may step down.


14

All right. We're going to take a 10-minute

15 recess.
"16

STAN CATERBONE: Your Honor, I apologize for not "

17 being -18

JUDGE FARINA: 10-minute recess.

19

MS. MUZUREUS: Thank you.

20

(Recess taken.)

"21

JUDGE FARINA: Mrs. Muzureus, anything further for "

22 the Commonwealth?
"23

MS. MUZUREUS: No further testimony, Your "

24 Honor.
25

I would just ask for the admission of

112
1 Commonwealth's Exhibit Number 1 as evidence.
2
"3
4

JUDGE FARINA: The disk?


MS. MUZUREUS: Yes, Your Honor, the CD."
JUDGE FARINA: All right. And that would be less

5 the first call?


6

MS. MUZUREUS: Correct.

JUDGE FARINA: All right. That's admitted.

8
"9

STAN CATERBONE: No objection.


JUDGE FARINA: Mr. Caterbone, are you ready to "

10 proceed?
11

STAN CATERBONE: Could I have a few minutes?

12 They took me -- shuffled me back to the room as I was


13 preparing to make notes. Could I have -- just outline.
14

JUDGE FARINA: Do you have any witnesses you're

"15 going to call, other than yourself?"


"16

STAN CATERBONE: Your Honor, I haven't had time "

"17 to do a witness, subpoena witnesses."


18

JUDGE FARINA: Do you plan to testify yourself?

19

STAN CATERBONE: That's the only defense I'm

"20 allowed, correct? "


21

JUDGE FARINA: Are you going -- do you plan to

22 testify?
23

STAN CATERBONE: Yes.

"24

JUDGE FARINA: If so, I'll give you a few minutes."

"25

STAN CATERBONE: Yes. Yes, Your Honor."

113
1
"2
3

Can I testify from here?


JUDGE FARINA: No, you'll go up there."
STAN CATERBONE: Can I take notes with me? I

" 4 have a lot of ground to cover, Your Honor."


"5
6

JUDGE FARINA: Well, yes, you may take notes. "


To what -- and we'll just -- there are

7 certain -8

STAN CATERBONE: I'll try to limit it.

JUDGE FARINA: -- rules as to how you do it. But

10 we'll start with you take your notes up there and we'll

11 see how it goes.


12

STAN CATERBONE: I'm going to try to limit it.

13

JUDGE FARINA: To the relevant issues.

"14
15

STAN CATERBONE: Relevant issues, correct."


May I make a motion to dismiss under the

16 365-day rule?
"17

JUDGE FARINA: You may make it, but it's denied."

18

STAN CATERBONE: Then I can put these away.

19

And I can bring exhibits up? I can introduce

20 exhibits?
"21

JUDGE FARINA: Oh, yes. Yes. You may offer "

22 exhibits.
23

STAN CATERBONE: Offer into evidence.

24

JUDGE FARINA: And then I'll decide whether

25 they're admissible.

114
1

STAN CATERBONE: I understand.

2
"3
STANLEY CATERBONE, "
" called as a witness, being duly sworn or affirmed, was "
4
examined and testified as follows:
5

JUDGE FARINA: He'll give you water up there. In

" 6 fact, he's already put it out. "


7

STAN CATERBONE: Thank you.

JUDGE FARINA: Be seated.

"9

All right. Now, we're talking about the charge "

"10 of harassment; charges of harassment, disorderly "


"11 conduct, theft of services. "
"12

You may tell me your side. First, for the "

"13 record, identify yourself."

14

STAN CATERBONE: Stanley J. Caterbone.

15

JUDGE FARINA: And the microphone isn't on.

"16

STAN CATERBONE: 220 Stone Hill Road, Conestoga, "

"17 PA, 17516. "


18

JUDGE FARINA: All right.

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

JUDGE FARINA: August 6th?

25

STAN CATERBONE: October 5th. The day in

115
1 question.
2

JUDGE FARINA: I think you did say August. That's

3 what threw me. October.


4

STAN CATERBONE: October 5th. Thursday. The

5 day of the incident.


6

JUDGE FARINA: Okay.

STAN CATERBONE: The day the charges were

8 filed.
"9

Before I went to the Brasserie, I left my house "

10 at 220 Stone Hill Road and I went to the U.S. Post


11 Office in Willow Street and I filed with the Superior
12 Court of California several petitions regarding my
"13 brother's death in 1984 that occurred in Santa Barbara, "
14 California.
15

There was an investigation about the cause of

"16 death. The cause of death was ruled a suicide; however, "

17 there was evidence that it was not a suicide.


"18

And the reason I filed the papers in October, "

"19 that day, was because two months before that, in August, "
20 I visited with the Santa Barbara County -"21

JUDGE FARINA: I'm going to have to say, I'm "

"22 having a little problem understanding, what's the "


23 relevance of that -24

STAN CATERBONE: The relevance is --

25

JUDGE FARINA: -- to the Brasserie incidents?

116
1

STAN CATERBONE: The reason is that the Officer

2 testified -3

JUDGE FARINA: Let's talk about -- let's first

4 talk about the incidents themselves -5

STAN CATERBONE: Okay. Before --

JUDGE FARINA: -- because the charge is that you

7 used your cell phone to harass 9-1-1; that you were


8 disorderly at the Brasserie and in the parking area; and
9 that you are guilty of theft of services for not paying
10 your bill.
11

Let's talk about those three things. So you

12 tell me about those three things.


"13

To the extent, as you tell me about those three "

"14 things, something becomes relevant, I'll know better. "


"15

But just listening to you start out that way, "

16 I'm lost as to the relevance. So -17

STAN CATERBONE: I'm just giving you my -- what

18 happened that day.


19

JUDGE FARINA: I don't care what happened the

20 whole day.
21

STAN CATERBONE: Okay. Okay. Okay.

22

JUDGE FARINA: I don't care if you got up at 6:00

"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

STAN CATERBONE: I understand. But he brought

117
1 up California and my brother's death.
2

JUDGE FARINA: That matters to you. And I'm very

" 3 sorry about that, but --"


4
"5

STAN CATERBONE: Okay.


JUDGE FARINA: -- as to the charges of harassment, "

" 6 disorderly conduct, and theft, all arising at the "


" 7 Brasserie, at this point in time I see no relevance to "
8 it.
9

You're not making any offer of why it's

"10 relevant, so let's go to the meat of this case."


11

STAN CATERBONE: Okay. I got at the Brasserie

12 at 2 p.m.
13

JUDGE FARINA: Okay.

14

STAN CATERBONE: There were two women sitting

15 beside me. We were having discussions.


16

I was discussing our role in Iraq. There was a

17 Marine behind me that was making agitating and harassing


18 remarks to me about the Central Intelligence Agency. I
19 disclosed to them that I had an association.
"20

In 1990, I did work for the Central "

21 Intelligence Agency. I met them at a CD-ROM expo in San


"22 Francisco, California, when I was in a joint venture "

"23 partnership with Dale High, High Industries. They "


24 wanted me to replicate a CD-ROM disk. I had an
25 association in that way.

118
"1

In 1987, I blew the whistle on International "

2 Signal and Control. The CIA was allegedly in -- in


3 partners with ISC shipping arms to Iraq. I have since
4 filed a Federal False Claims Act. That is all in the
5 record.
6

I didn't -- never said that I worked for the

" 7 CIA. I said I had an association with them, which I "


8 did. It's on the record.
9

There was an ex-Marine standing behind me

10 starting to harass me. I informed him that the day


"11 before that, a Marine in Dick Cheney's staff was cited "
12 for treason.
"13

I support the war, Your Honor. I have a "

14 website which I want to introduce into evidence. I have


15 had this website since -- I have had it up since March
16 of 2005.
17

JUDGE FARINA: It has no relevance. That has no

18 relevance. You can just move on with your telling me


19 about the incident.
20

STAN CATERBONE: I am telling you -- I'm telling

21 you -22

JUDGE FARINA: I don't care about what your

23 website says. It doesn't really matter yet.


24

I understand that you support the war. That's

25 all I need to hear.

119
1

STAN CATERBONE: No. But they testified -- they

2 had someone testify that I said I wanted George Bush and


" 3 the Marines to die. I did not say that, Your Honor."
"4

JUDGE FARINA: Well, that's fine. So say it. Say "

" 5 it, that's just not true."


6

STAN CATERBONE: I want to back it up --

JUDGE FARINA: And it's not true because I am a

8 firm supporter of the war and I wouldn't say a thing


9 like that.
10

That's what you want to say --

11

STAN CATERBONE: Thank you.

12

JUDGE FARINA: -- right? Is that what you want to

13 say?
14

STAN CATERBONE: Exactly.

15

JUDGE FARINA: Yeah.

16

STAN CATERBONE: I am a firm supporter of the

17 war in Iraq.
18

JUDGE FARINA: All right.

19

STAN CATERBONE: That's why I have a website

20 that posts -- I have the Wound War Project on my


21 website. I have the CIA Commission Report for 9-1-1 on
"22 my website, to educate people about the war. "
23

I would never say such a thing like that. That

24 witness was lying.


25

JUDGE FARINA: And you're not charged with being

120
1 disorderly for saying anything like that. It's all just
2 part of the background of what happened there.

STAN CATERBONE: And that's what I'm providing

4 you.
5

JUDGE FARINA: The trouble was with the tab.

STAN CATERBONE: Okay. I'm providing you with

7 background.
"8

But, sir, Your Honor, I felt unsafe from that "

9 person.
10

JUDGE FARINA: Just go on. Go ahead.

11

STAN CATERBONE: I felt unsafe from that person

12 harassing me about the CIA.


13

JUDGE FARINA: Okay.

14

STAN CATERBONE: That came up as she gave me the

15 tab.
"16

She wanted to charge me for eight drinks, and I "

"17 questioned her. I said, there is no way I had eight "


"18 drinks. I said, can I see the bar tab? "
19

She would not show me a bar tab. All I wanted

20 to see was how she counted the drinks. I questioned


"21 that. We had a dispute, and I asked her if she could "
"22 produce some piece of paper, anything. She would not "
23 produce anything.
"24

I said, all right, I said, I'm going to call "

"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

I waited until the police arrived. Officer

4 Bezzard arrived at the establishment. He asked me to


" 5 walk outside. I said, fine. "

We walked outside. And his cruiser was parked

7 all but in front of the door to the side of the


" 8 Brasserie, the road perpendicular to Lincoln Highway "
9 East. My recollection is that it was within 20 feet of
10 that doorway.
"11

The subject came up of the tab. I wanted him, "

"12 I guess, to get me a copy of the tab so that we could "


"13 resolve the issue as far as how many drinks. I said, "
14 here's my credit card. He wouldn't accept the credit
"15 card. I threw it to the ground. I said, here, I want "
16 to pay for the drinks. He would not let me pay for the
17 drinks.
18

Then he said he would not let me drive home. I

"19 said, why not? He said, because you're intoxicated. I "


"20 said, sir, I am not intoxicated. I said, I want a "
21 Breathalyzer.
"22

He said, I want you to get a taxi. I tried to "

23 explain to him I did not feel safe with leaving my


24 vehicle there with the files inside unattended to and
25 not secured.

122
"1

And I also explained to him, five weeks before "

" 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

I also explained to him that I made numerous

7 complaints to the FBI about people hacking into my


" 8 computer for the safety of my files, especially since I "

" 9 was in Federal litigation, which I am, and which I was."


10

He would not let me drive home. He gave me a

"11 Breathalyzer. It was .07. He wanted me to stay there, "


12 which I didn't feel safe because of the -- the -- the
"13 harassing remarks from that Marine. I said, take me to "
14 the station. He took me to the station.
"15

Now, before he took me to the station, I called "

16 9-1-1. I wanted the State Police there. I wanted


"17 someone else that was objective, that would look out for "
"18 my safety, which no one was doing. "
19

I was actually physically assaulted five weeks

20 before that in Pismo Beach. I have a police report.


21 Physically assaulted. Someone took me by the neck and
"22 shoved me against a glass mirror for no reason at all, "
23 which is all in a police report.
24

I did not want that occurring again. I was

25 trying to be as cooperative as possible. I got the

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

He took me to the police station and made me

" 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

And I kept explaining. I was in Federal

9 litigation. I said I didn't know why they were


10 harassing me. And they were mentally harassing me.
"11

In 1987, I had charges. I have four felonies "

"12 filed against me, four or five felonies, three "


"13 misdemeanors, all of which were dismissed, thrown out of "
"14 courts, because of my whistle blowing activities in "
15 1987.
"16

And as soon as I went into Federal courts, I "

17 have problems with the police again. I have a clear


18 record up until I filed in Federal courts.
19

And I have tried to get into Federal courts on

20 two other occasions and have had problems. I finally


"21 get into court, and I start having problems with the "
22 police -- the police department.
23

And I filed a -- I don't know if you're aware

"24 of -- of people obstructing justice, trying to interrupt "


25 my Federal lawsuits and using tactics like this.

124
1

He took me to the police station. They left me

2 sit there. They booked me and processed me. I told


3 him -- he told me he was going to take -- I asked him to
" 4 take me home to my van. He said they couldn't do that, "
" 5 I understood, because of liability reasons. "
6

He took me back to my house. I went and told

7 him I was just going to drive my pickup back out there.


" 8 There was a garage across the street from the Brasserie, "
" 9 and I needed my steering checked on my pickup, so I just "
"10 left my pickup at the garage, walked across the street "
11 and got my van and paid the bar tab and went home.
"12

As far as the charges, I felt that I was "

"13 overcharged for the drinks, and all I wanted was some "
14 evidence as far as how many drinks she tallied up that

15 day. That's all I asked the bartender.


"16

They had a problem, A, -- I mean, I was just "

17 trying to educate them with Iraq. I'm a supporter of


18 the war and the President. I had objections as far as
"19 them going into Iraq, but I am a staunch supporter of "
20 the war and them being there. I had a problem with
"21 that, with them harassing me about that. "
22

I had a problem with the number of drinks that

23 the bartender wanted to charge me. I had a problem with


24 people questioning me about -- Sheryl Crow is a
25 shareholder of mine. People in the bar were questioning

125
1 me about her and Lance. They were harassing me. I was
2 trying to be polite.
3

And that's essentially what happened.

JUDGE FARINA: All right. Anything else? Are you

5 ready for cross examination?


6

STAN CATERBONE: Can I review my notes?

JUDGE FARINA: Quickly.

"8

STAN CATERBONE: No, I'm ready for cross."

"9

MS. MUZUREUS: I have no questions, Your "

10 Honor. Thank you.


11

JUDGE FARINA: You have no questions?

12

MS. MUZUREUS: I have no questions.

13

JUDGE FARINA: Thank you. You may step down.

14

Do you have any further evidence you wish to

"15 present, Mr. Caterbone?"


16

STAN CATERBONE: Did you want to see the

"17 exhibits, Your Honor? That's up to you. I mean -- "

18

JUDGE FARINA: You made your point about your

19 support of the war. That's really what you're talking


"20 about as far as exhibits are concerned, correct?"
21
"22

STAN CATERBONE: About the tab being paid.


JUDGE FARINA: Well, you said that -- well, you "

23 didn't testify about that.


24

Consider yourself still under oath. Tell me

25 about the tab.

126
1

STAN CATERBONE: The tab was paid that evening

2 after I went back and got my van as soon as I left the


3 police station. I have evidence of the transaction on
4 my bank receipts.
5

JUDGE FARINA: And what was the tab?

STAN CATERBONE: $36.50. I never got a receipt

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

JUDGE FARINA: So after you were home, after the "

10 police took you home you went back?


"11

STAN CATERBONE: Yeah. I mean, I don't even "

12 think I went in my house. I just went in my pickup and


"13 drove back. I followed -- in fact, I followed Officer "
14 Bezzard back through town.
"15

I dropped my pickup off across the street, "

"16 walked back across to the Brasserie, paid and drove my "
17 van home so my files were secured.
18

JUDGE FARINA: Okay. All right. Anything else?

"19

STAN CATERBONE: No, Your Honor."

20

JUDGE FARINA: All right. Any rebuttal?

"21

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

22

JUDGE FARINA: All right. Testimony is closed.

23

Now the final part is closing arguments. Since

"24 the Commonwealth has the burden of proof, you argue "
25 first and then she argues.

127
"1

Now, you may make closing argument to me on the "

2 issue of why you believe I should find you not guilty of


3 the three charges.
4
"5

STAN CATERBONE: Can I have a few minutes?


JUDGE FARINA: Very few. I mean, we've gone "

" 6 through this. You know the charges: Harassment, "


7 disorderly and theft. Deal with them one by one. Tell
8 me why.
"9

Harassment, you're charged with harassing --"

10

STAN CATERBONE: Can I see a sheet?

11

JUDGE FARINA: Do you have a copy of the charges?

12

STAN CATERBONE: No.

"13

JUDGE FARINA: Give him a copy -- here, he can use "

14 mine.
15

STAN CATERBONE: I would have to dig through

"16 papers, Your Honor."


"17

JUDGE FARINA: Actually, what he really needs is a "

18 copy of the police complaint to see the actual words.


19

Just give him a copy of the complaint to work

20 off of since the information doesn't put words as to


21 summaries.
"22

STAN CATERBONE: Thank you, ma'am. "

"23

As far as harassment, Your Honor, I was not "

24 intending to harass anyone. I was trying to defend -- I


25 was trying to defend my record when my record was -- was

128
1 questioned without reason.
"2

I mean, I was just --"

"3

JUDGE FARINA: Remember, the harassment here, it "

4 says you used your cell phone and called Lancaster


5 County Communications on the 9-1-1 -"6

STAN CATERBONE: Oh, yeah."

"7

JUDGE FARINA: -- on three occasions, stating you "

8 need the State Police.


"9

STAN CATERBONE: Oh, okay. I understand. I'm "

10 sorry.
11

I did not call -- I did not call to harass

"12 anyone. I called for an objective person to arrive, "


"13 because apparently me and Officer Bezzard, we were not "
14 seeing eye to eye.
"15

And I felt uncomfortable, and I felt -- I felt "

16 at risk. I felt my files were at risk. I felt that I


17 was being treated unfairly. And I just wanted an
18 unbiased respondent to intervene in our altercation.
"19

As far as the disorderly conduct, I was not "

20 disorderly. I was not flailing my arms. I was not


21 shouting obscenities. The reason why people noticed is
22 because the altercation occurred right in front of the
23 door of the Brasserie.
24

When you have a police car and two individuals

"25 in a conversation, discussion or altercation, everyone "

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

I tried to pay the bill. I could not pay the

" 5 bill inside the establishment, because as soon as "


" 6 Officer Bezzard arrived, he asked me to walk outside to "
7 discuss it. So I never had the opportunity to pay for
8 it inside after I disputed the bill.
9

If the bartender would have showed me a piece

"10 of paper, a tab, anything that I could have determined "


"11 whether I had eight drinks or five drinks, I would have "
12 paid for the bill. She never did.
"13

And as far as the theft of service, Your Honor, "

14 I did not intend to go into that establishment and steal


15 a meal and drinks. That was not my intention. It was
16 all over a discrepancy as far as the bar tab.
17

And that's my argument.

18

JUDGE FARINA: Thank you. Miss Muzureus.

"19

MS. MUZUREUS: Briefly, Your Honor. "

"20

For the harassment, he's charged under (a)(3). "

"21 (A)(3) reads, engages in a course of conduct or "


22 repeatedly commits an act which serves no legitimate
23 purpose.
24

STAN CATERBONE was in custody by the police when

25 he called 9-1-1 and asked for police assistance. There

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

As for the disorderly conduct and theft of

" 5 services, I believe they're just as clear as the "


6 harassment.
7

The DC is for STAN CATERBONE's conduct primarily

8 outside of the bar when he was ranting and raving and


9 being loud and kicking the police cruiser door. There
"10 was testimony by Mr. Ream, who testified that he was "
11 approximately 20 to 25 feet away from STAN CATERBONE when
12 STAN CATERBONE was in the car and could clearly hear the
13 defendant ranting and raving and kicking the door.
"14

And as for the theft of services, the Statute "

15 clearly says that the payment is -- compensation for


16 services is ordinarily paid immediately upon the
"17 rendering of such service, as in the case of hotel or "
18 such restaurants. Refusing pay -- absconding without
19 paying or refusing to pay gives rise to the presumption
20 that they didn't intend to pay.
21

Here we heard testimony from Mr. Ream that the

22 defendant was given the opportunity to pay while still


"23 in the Brasserie, and STAN CATERBONE refused to pay while "
24 still in the Brasserie.
25

We heard testimony from both Mr. Ream and the

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.

The fact that he went back later to pay the

" 7 bill is really immaterial to the charge itself, because "


8 you're supposed to pay when you eat.
9

I would ask that you find him guilty on all

10 three summaries.
11

JUDGE FARINA: All right. Upon hearing all the

"12 evidence, I find that the credibility of the "


13 Commonwealth's witnesses is sufficient for me to
14 conclude beyond a reasonable doubt that STAN CATERBONE is
"15 guilty of harassment, is guilty of disorderly conduct."
"16

But theft for services is a little tougher, "

17 because it has to be his intent at the time he orders.


"18

There is a presumption that when you don't pay, "

19 that that is presumptive of your intent. I think that


20 presumption is rebutted here. It's the circumstances
"21 and all the other things that occurred, for whatever "
"22 reason, in his mind, he decided not to pay it. "
23

All of those circumstances lead me to believe

24 that it was not his intent at the time he ordered it to


"25 deceive, so I believe that presumption has been rebutted "

132
1 and I will find him not guilty of the theft.
"2

And this being a summary, I'm prepared to "

3 sentence him now. So bring him up to the railing.


"4

All right. Mr. Caterbone, I found you guilty "

" 5 of summary harassment and summary disorderly conduct, "


6 each carrying a maximum penalty of a $300 fine and three
7 months in prison.
"8

I intend to sentence you now, conduct the "

9 sentencing hearing.
10

Does the Commonwealth have anything it wishes

11 to say on sentencing?
"12

MS. MUZUREUS: No, Your Honor. There is no "

13 restitution due.
14

JUDGE FARINA: There is no restitution due?

15

MS. MUZUREUS: There is none.

"16

JUDGE FARINA: Yes, because you did pay the tab."

17

MS. MUZUREUS: Correct.

"18

JUDGE FARINA: Now, Mr. Caterbone, how long have "

19 you been in Lancaster County Prison?


20

STAN CATERBONE: Going on six weeks.

21

JUDGE FARINA: All right.

"22

STAN CATERBONE: Over five weeks, towards six "

23 weeks.
"24

JUDGE FARINA: Well, that's long enough. "

25

All right. What do you have to say on

133
1 sentencing? You've been -2

STAN CATERBONE: Time served. I -- I don't --

3 well -"4

JUDGE FARINA: Tell me about yourself. I mean, "

5 sentencing is sentencing the man. I've got the


6 conviction.
"7

STAN CATERBONE: Your Honor, I have never had "

8 any convictions with the law. The only problems I


9 have -"10
11

JUDGE FARINA: Well, how old are you?"


STAN CATERBONE: I'm 48 years old.

12

JUDGE FARINA: Are you employed?

13

STAN CATERBONE: I have Advanced Media Group. I

"14 have my own company. I have always been self-employed, "


15 all but four years of my life.
16

JUDGE FARINA: Okay.

17

STAN CATERBONE: Productive member of society.

18

JUDGE FARINA: You have a steady --

19

STAN CATERBONE: I'm an ardent opponent -- or

20 proponent for the Lancaster City Convention Center. I


21 attend the commissioners' meetings on a regular basis.
22

JUDGE FARINA: You own your own home?

"23

STAN CATERBONE: I do, Your Honor."

24

JUDGE FARINA: Pay your taxes?

"25

STAN CATERBONE: Yes, I do."

134
1

JUDGE FARINA: And you have the money to pay the

2 fine?
"3

STAN CATERBONE: No, I don't. I'm in Chapter 11 "

4 Bankruptcy Court.
5

JUDGE FARINA: That's why I asked you if you were

6 employed.
7

STAN CATERBONE: Yes.

JUDGE FARINA: You're not gainfully employed.

"9

STAN CATERBONE: We are in litigation, Your "

10 Honor.
11

JUDGE FARINA: How do you pay your bills? What's

12 your -13
"14

STAN CATERBONE: I'm in Chapter 11.


JUDGE FARINA: Well, how do you pay your bills? "

"15

STAN CATERBONE: I don't have bills, Your "

16 Honor. They are protected in bankruptcy court.


"17

JUDGE FARINA: Well, you have to eat. You have to "

18 buy clothing.
19

STAN CATERBONE: I'm on food stamps.

20

JUDGE FARINA: What about gasoline?

"21
22

STAN CATERBONE: Your Honor, I'm on food stamps."


JUDGE FARINA: You can't get gasoline with food

23 stamps.
24

STAN CATERBONE: I don't drive.

25

JUDGE FARINA: You have two vehicles.

135
"1

STAN CATERBONE: Your Honor, I have been taking "

2 the bus for two months. I have a bus pass given to me


3 by the Department of Public Welfare.
4

JUDGE FARINA: Are you on assistance?

STAN CATERBONE: Food stamps.

"6

JUDGE FARINA: Oh, so you are on public "

7 assistance?
8

STAN CATERBONE: Yes.

JUDGE FARINA: Do you get any cash?

10

STAN CATERBONE: No.

11

JUDGE FARINA: Just food stamps.

"12

STAN CATERBONE: I'm getting -- no, just food "

13 stamps at the present time.


14

I am owed moneys in courts.

15

JUDGE FARINA: Do you have an attorney in your

16 bankruptcy proceeding?
17

STAN CATERBONE: I'm pro se.

18

JUDGE FARINA: Pro se. And you say you're in

19 Chapter 11?
"20

STAN CATERBONE: Yes, Your Honor. I have been "

21 in there since May 23rd of 2005.


"22

I have had -- I have two federal judges, Judge "

23 Anita Brody. I have several appeals in front of her.


24

JUDGE FARINA: In connection with your bankruptcy

25 proceedings?

136
1

STAN CATERBONE: Correct.

My civil litigation is in front of Judge

3 McLaughlin. She has two or three civil actions.


4

I have two people in default in JUDGE FARINA of

5 Common Pleas. I have an insurance company that owes me


" 6 $10,000, or roughly $7,000, Judge Madenspacher is moving "
7 to arbitration on my behalf. So I'm trying to collect
8 funds.
9

I have people that have stolen money from me.

10

JUDGE FARINA: Well --

11

STAN CATERBONE: I have no funds. I haven't had

12 funds. I mean -13

JUDGE FARINA: It's just hard for me to understand

14 how you manage to survive without -"15

STAN CATERBONE: Well, I had to run up my credit "

"16 cards, Your Honor, for my litigation. I had to finance "


"17 my litigation, and that money has run out."
18

JUDGE FARINA: So when you leave here today -- and

"19 as I said, five weeks in jail is long enough. I do not "


20 intend to incarcerate you any further.

21

But I'm just trying to understand how you're

22 going to manage.
23

STAN CATERBONE: I struggle with that on a daily

24 basis. That's why I'm in Federal court. That's why I'm


"25 in court, Your Honor. I'm trying to recover assets "

137
1 stolen from me.
2

JUDGE FARINA: Court doesn't put food on the

" 3 table, doesn't pay the electric bill, doesn't pay the "
" 4 gas bill, doesn't pay the oil bill."
5

STAN CATERBONE: I get assistance from LIHEAP

6 for my electricity.
7
"8

JUDGE FARINA: Who?


STAN CATERBONE: LIHEAP, Lancaster County -- "

9 the -10

MS. MUZUREUS: Public assistance.

11

STAN CATERBONE: Public assistance.

12

JUDGE FARINA: But you don't get a cash stipend

13 out of Public Assistance?


"14

STAN CATERBONE: Your Honor, I have submitted "

15 resumes to do part-time consulting all over this county.


"16

JUDGE FARINA: No. No. You do not get money, "

"17 cash, from public assistance? "


18

STAN CATERBONE: I was denied.

19

JUDGE FARINA: You were denied.

20

STAN CATERBONE: And that's under appeal.

"21

JUDGE FARINA: Well, you are going to have some "

22 financial responsibilities as a result of these


"23 convictions. There are at least costs to pay, court "

24 costs.
25

Do you understand that?

138
1
"2

STAN CATERBONE: No.


JUDGE FARINA: Well, you do. I mean maybe I don't "

" 3 fine you, but I've got to impose costs."


"4

STAN CATERBONE: Well, I don't have any money."

JUDGE FARINA: Well --

STAN CATERBONE: My -- my -- my.

JUDGE FARINA: That will be something that will

8 have to be dealt with.


"9

STAN CATERBONE: Well, how would I deal with "

"10 that, Your Honor?"


11

JUDGE FARINA: Well --

12

STAN CATERBONE: My -- my -- home is already in

13 foreclosure. I don't know what you can take from me. I


14 try to do what I can -15

JUDGE FARINA: At such time as you become in

"16 default of your costs, there will be a hearing to "


17 determine whether you have the financial ability to pay.
18

STAN CATERBONE: And how long --

19

JUDGE FARINA: And it will continue to proceed

20 from there.
"21

But beyond -- look, you've paid a price --"

22

STAN CATERBONE: Would you like to put a lien --

23

JUDGE FARINA: -- with five weeks in jail.

24

STAN CATERBONE: Would you like to put a lien

25 against my house? I have equity in my house.

139

"1

JUDGE FARINA: No, that's not how it works. I "

2 can't do that if I wanted to. All right? So that's not


3 an option.
4

STAN CATERBONE: Do you want to give me some

5 work?
6

JUDGE FARINA: I have no work to give you.

STAN CATERBONE: Okay.

JUDGE FARINA: All right. I'm going to --

9 anything else you want to say?


10

STAN CATERBONE: No. I don't know what you're

"11 asking me about me providing financial considerations, "


12 and I -- as of -13

JUDGE FARINA: You're telling me you don't have

14 any?
15

STAN CATERBONE: Not at the moment. I'm

"16 trying -- trust me, Your Honor, I try."


17

JUDGE FARINA: All right. Considering your five

18 weeks in prison:
"19

On Count 1, harassment, I sentence you to time "

20 served and to pay costs.


"21

On disorderly conduct, the time in prison, I'll "

22 consider that even though that's not -- you weren't in


"23 on -- well, you were in on everything."
"24

MS. MUZUREUS: Actually, Your Honor, the time "

25 would be going towards other charges. He's in on other

140
1 charges.
"2

JUDGE FARINA: Oh, he is? "

"3

MS. MUZUREUS: Yeah, DUI and prohibited "

4 offensive weapons.
5

MR. GONZALEZ: The bail hearing on those

" 6 charges, it's a DUI and prohibited offensive weapons "


" 7 charge. Judge Allison did $5,000 straight bail."
"8

JUDGE FARINA: So whatever I do today, he's not "

9 being released today?


"10
11

MR. GONZALEZ: No. That's correct, Your Honor."


JUDGE FARINA: We have detainers of other charges.

"12

STAN CATERBONE: We discussed that, Your Honor."

13

JUDGE FARINA: If we did --

14

STAN CATERBONE: I didn't know I had to rehash

15 that.
"16
17

JUDGE FARINA: If we did, it did not --"


STAN CATERBONE: You asked me why I was in

"18 Lancaster County Prison yesterday, and I discussed that "


19 it's under appeal and the bail administration raised -"20 raised the fact that I did not attend a hearing, but I "
21 did attend it.
22

And that's why it moved from unsecured to

"23 secured, and it is under appeal of trying to move it "


24 back to unsecured. I'm not -"25

JUDGE FARINA: Well, frankly, I was under the "

141
1 impression that you were on bail on these charges.
2

STAN CATERBONE: I don't know.

JUDGE FARINA: But it doesn't matter. It doesn't

4 matter.
"5

On Count 1, harassment, I'll sentence you to "

6 three months of unsupervised probation and to pay

7 costs.
"8

On Count 2, disorderly conduct, I sentence you "

9 to three months of unsupervised probation and to pay


10 costs.
"11

Now, what that means is you're on probation, "

12 but you don't have to report to anybody. But if you get


"13 into any problems, they can violate you for probation. "
14

Do you understand?

15

STAN CATERBONE: I understand.

"16

JUDGE FARINA: Now, you also have a right to "

17 appeal.
18

You have a right to file a motion to modify the

19 sentence or to appeal to the Superior Court. If you


"20 want to modify it, file that within 10 days. If you "
"21 want to appeal, you have to do that within 30 days. "
"22

As these are summary cases, you do not have, "

"23 necessarily, the right to counsel, to free counsel to "


24 assist you. You have to do it on your own.
25

STAN CATERBONE: Can I have the paperwork

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

JUDGE FARINA: Well, you'll be getting -- if you "

4 wish -- you'll be getting -- does that -- will anything


" 5 go out with him, Tom?"
6

THE CLERK: Pardon?

JUDGE FARINA: The record of these convictions --

THE CLERK: Yes.

JUDGE FARINA: -- will a piece of paper go out to

10 the prison for him?


"11

THE CLERK: Oh, yes, it will go out."

12

JUDGE FARINA: You'll get it.

13

STAN CATERBONE: What are the fines and costs?

"14

JUDGE FARINA: I didn't impose a fine, I just "

15 imposed costs.
16

STAN CATERBONE: And what are they?

17

JUDGE FARINA: I don't know what they are. I'll

18 let you know.


19

STAN CATERBONE: And how long do I have to pay

20 those?
21

JUDGE FARINA: If they're not paid in three

"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

STAN CATERBONE: Well, if I put this on -- I "

" 2 mean, I'm going to put this in my Chapter 11. Does that "
3 protect me?
4

JUDGE FARINA: I'm not a bankruptcy lawyer or

5 judge -6

STAN CATERBONE: See --

JUDGE FARINA: -But there are certain --

STAN CATERBONE: So they have to be paid in

9 three months. I just need a definitive -10

JUDGE FARINA: Yes. Yes. They should be paid at

"11 least in three months, if not sooner."


"12

STAN CATERBONE: Well, what is the sooner? "

13

JUDGE FARINA: I recognize while you're in jail

14 you've got a little bit of a problem.


15
"16

STAN CATERBONE: I understand that.


JUDGE FARINA: So while you're in jail, we'll take "

17 no action to collect them.


"18

Good luck to you, Mr. Caterbone."

"19

STAN CATERBONE: Thank you, Your Honor. "

20

Did you get my motion for recusal?

21

JUDGE FARINA: No.

"22

STAN CATERBONE: Well, that was mailed out last "

23 Friday to the Clerk of Courts.


24

JUDGE FARINA: To recuse me?

25

STAN CATERBONE: You're -- what is your --

144
1

JUDGE FARINA: Farina.

STAN CATERBONE: You were served.

"3

JUDGE FARINA, I don't recall a motion to recuse. "

"4

In fact, this case wasn't assigned to me on "

5 Friday. This case wasn't assigned to me until


6 yesterday.
7

MS. MUZUREUS: That is correct.

JUDGE FARINA: And I think it first went to

9 somebody else.
10

STAN CATERBONE: We were scheduled for November

"11 trial, Judge."


12

JUDGE FARINA: Mr. Caterbone --

13

STAN CATERBONE: You scheduled this. We had a

14 pre-trial meeting in October for November courts.


15

JUDGE FARINA: I'm the judge who holds the

16 pre-trial conferences and says the case is trial ready.


17 It doesn't mean I try them all.
18

STAN CATERBONE: Oh.

19

JUDGE FARINA: How many cases were on this list?

20

MS. MUZUREUS: 200.

21

STAN CATERBONE: I did file a motion last week.

22

JUDGE FARINA: Okay.

23

STAN CATERBONE: I just didn't know if you got

24 it or not.
25

(Trial ended at 11:37 a.m.)

145
1

REPORTER'S CERTIFICATE

2
3

I HEREBY CERTIFY that I was present upon the

4 hearing of the above-entitled matter and there reported


5 stenographically the proceedings had and the testimony
6 produced; and that I further certify that the foregoing
7 is a true and correct transcript of my said stenographic
8 notes.
"9

In testimony whereof, I have hereunto "

"10 subscribed my hand this 23rd day of January, 2007."


11
12
13
"
14

____________________________
Kelly C. Snyder, RPR, CRR"
Official Court Reporter

15
16
17
"18

AND NOW, __________________, ______, this "

19 transcript is approved and ordered to be filed.


20
21
"
22
23
24
25

________________________________
Louis J. Farina, President Judge"