Barry Joe Stull Archive: 67135 - Transcript
Barry Joe Stull Archive: 67135 - Transcript
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9 Complete Transcript
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Missing Recordings
Audio recordings of some or all of the proceedings listed in the Designation of Record are
missing. Specifically, there are no recordings of the following proceedings:
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9 Inaudible Portions
Portions of the audio recordings are inaudible for at least 15 seconds and could not be
transcribed. The inaudible portions are noted on the following transcript pages:
x 9/19/16: Jury selection from pages 446, line 5 through 485, line 9 -- difficult to hear
attorneys and jurors throughout the entirety of jury selection.
x 9:19:16: Opening statements by both attorneys were different to hear as they appeared to
not be standing by a microphone.
x Mr. McMahon, Plaintiff attorney, was oftentimes not appearing to stand by microphone,
so he was difficult to hear.
Other:
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 1 of 29
) Pages 1 - 9
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
7 indiscernible.)
13 spoke with Noah -- I'm going to say Garrett, but I'm a little
2 emergency room.
3 THE COURT: Mr. Stull, can you just step back from
16 again (indiscernible)?
19 representation? Is he --
9 of glass.
12 Your Honor.
16 enlargement.
25 right.
2 else talk.
9 is I'd like these gentlemen to let Mr. Carson know what room
10 I'm in. I believe it's the fourth floor, and these gentlemen
13 you say I'm getting loud, and what are you going to do? What
21 talk.
24 back to my cell.
13 THE COURT: I --
6 glad you feel like he did some good work for you, but he's
9 attorney --
21 just to make sure your rights are protected, and I know you
22 feel --
7 now.
20 be arraigned.
5 (indiscernible).
13 Thank you.
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 2 of 29
) Pages 10 - 11
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
8 to have to be used.
11 Court about.
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 3 of 29
) Pages 12 - 15
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
9 correct?
16 courtroom?
25 indictment would be --
2 (indiscernible) tomorrow.
4 next day?
11 all that.
20 docket.
19 will be that.
21 (indiscernible).
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 4 of 29
) Pages 16 - 25
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
12 cases.
17 the Friday -- the same week, the day after Thanksgiving, and
3 have you?
10 right.
18 January 24th --
21 4D03.
3 bogus.
7 something --
16 specialist --
22 even vocalize.
25 can't even vocalize, and I'm getting signs that says touch
1 your nose, no, touch your ear, and like I'll hear two
7 his phone number -- and I'll repeat it, but I'll say it now
21 District Attorney all the case law that shows that none of
1 constitutional perspective --
9 25th of November.
17 lawyer.
24 said. We work with Ms. Rutledge and Ms. Fox, and we will be
13 January 24th.
22 UNIDENTIFIED SPEAKER: So --
24 Mr. Rubal?
2 took it down.
5 right there?
14 and then --
16 read that paper and I'll tell you what my problem is.
21 up, please.
1 we're --
4 whole time.
9 749.
11 is spelled correctly. I'm not sure what his date of birth is.
22 JC-3.
5 too.
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 5 of 29
) Pages 26 - 36
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
4 Stull.
11 things going.
1 an hour.
3 but here's the story. Let's get you set up, and if he
4 wants to jump into the case, happy to have him in the case,
6 meantime.
14 name?
2 out. The Federal Court said that that can actually be taken
3 care of.
6 that works.
14 matter (indiscernible).
2 with the money that I have, but I can't get access to.
6 Mr. Rose, if he takes the case are going to figure that out.
12 attorneys. One was Ms. Fox and the other was Rutledge.
19 home.
9 to Ms. Rutledge.
25 condition.
7 do that.
11 (indiscernible).
13 interview here.
1 me in a touch situation.
3 Your Honor.
7 2015.
10 recog interview.
21 out?
2 mean?
11 Honor.
17 year.
19 Mr. Stull.
3 Your Honor.
6 remember.
16 bogus.
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 6 of 29
) Pages 37 - 44
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
6 name's Barry Joe Stull, and I'm moving that I don't appear
24 15CR52961.
1 I don't think there is any basis for -- you know, there isn't
7 recusing myself from Mr. Stull's cases. You know, it's not
11 somewhere else.
16 the problem is with the lawyers and, you know, I'm happy to
17 talk about that too if you want to get into that, Mr. Stull.
25 motion.
10 landlord-tenant case.
15 did not accept that because accepting that check would have
16 been satisfaction.
18 Tenant Act. You found that although they did and I was
22 case.
25 conversation with you, and you said that the Oregon State
13 record.
17 two months, because I know I'm not guilty, and that's why
18 the plea offer on this case was two years bench probation.
20 have integrity.
1 And so no problem.
3 Honor. It's no secret that for years and years and years,
5 misconduct.
8 instead.
22 we can get that heard this morning, that would make a lot
24 that happen.
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 7 of 29
) Pages 45 - 52
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
20 The first one that Mr. Jackson mentioned, and there's also
24 case.
1 new counsel.
4 November 25th, and at that time, I still had our case from
23 the question.
14 any way what I'm doing today. I didn't even remember that
1 THE DEFENDANT: I --
6 that.
12 different judge.
14 that.
17 January 28th.
2 another question.
20 understand.
2 in that regard?
9 Judge.
11 want to say?
6 believe that.
15 morning call.
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 8 of 29
) Pages 53 - 91
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
18 of order.
5 misdemeanor information.
8 attorney.
14 a different firm.
24 Center.
7 some --
19 release --
10 So I'm just -- I'm just letting you know that none of these
18 THE DEFENDANT: -- so --
17 would be pending?
20 to represent yourself?
10 facts of the case, which Ms. Rutledge doesn't even know that
16 firm.
22 pain syndrome.
10 said, "Boy, you're hard to get a hold of. You have court
4 custody.
8 Francesconi.
16 don't break the law and knows that I'm going to prevail at
17 court on these --
5 defense.
10 State vs. Marbet, which says that you can't arrest somebody
22 or number two?
25 discovery on my behalf --
8 And --
19 lawyers. Okay.
21 them too.
5 THE COURT: How'd that go? Was that okay? Did you
11 THE COURT: How did that go? Did you get along
15 and --
23 "I've been waiting with baited breath for you to raise the
25 is, personal friend of mine I would hope, did not raise the
14 whatever.
18 it?
24 want to subpoena.
3 mentioned.
15 have evidence --
19 set.
1 legal advisor then. Okay? And we'll move the case forward
2 and you can have your day in court and -- so we need to set,
4 docket.
7 misdemeanor information.
16 there.
18 need to -- what do we --
21 you've got to strike the aka Barry Joe Stully and that
25 Officer --
3 He put a --
7 1958.
8 THE COURT: Oh --
10 that's my rare name, Barry Joe, with my rare name Stull with
18 case all the way to the Supreme Court where you represented
19 yourself.
5 how that all works. And then you are wanting someone
12 smart, right?
20 that.
23 can.
1 it.
13 representing myself.
8 that.
18 later.
25 that.
12 discovery. Okay?
18 before?
1 case numbers.
9 to go over that with you, have you sign that waiver form.
12 misdemeanor docket.
19 job, but --
22 readiness for --
1 enough time.
23 And you know how that works, Mr. Stull, right, for
25 case resolved.
10 out of custody?
13 County?
21 anything, right?
23 14, 17th, 17th -- twice on the 17th, twice on the 19th, and
24 I missed court on the 18th, and was arrested on the 19th for
22 what you're --
19 said 106-C.
21 select --
2 briefly.
12 property warehouse.
24 having a fare.
4 you've gone over this form. Ms. Rutledge has been there as
7 right, and you filled with your age and 17 and a half years
9 part about that you lack legal training and you might not
12 And you know that the rules for a trial will be the
6 either now or at the trial, can't give you legal any advice,
7 right? You might not want their legal advice anyway, but
17 right?
24 counsel.
13 right?
25 MR. JACKSON: So --
8 arrest.
23 what?
7 misdemeanor?
14 in jail.
17 all about that, the elements of the crimes and the maximum
23 of that already.
3 there.
7 behalf of Mr. Stull, the case numbers on the old felony case
8 and the new felony -- and the new misdemeanor case were the
10 -- he gets credit for all the time he's served on this case.
11 I think that's one of the reasons the State did it this way
16 that.
10 And what we have going through the system is the fact that I
12 notice.
6 status.
9 know --
18 house.
21 mailbox, okay.
25 somebody --
20 good day.
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 9 of 29
) Pages 92 - 93
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
Unknown
2 -O0O-
5 Stull.
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 10 of 29
) Pages 94 - 106
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
Unknown
2 -O0O-
1 basically --
7 Honor.
11 date?
15 Honor.
21 trial today.
2 the case, Your Honor. And the dates that we are requesting
25 Pain Syndrome.
12 day in jail.
14 date?
10 because I'm not even prepared. They just got the facts. I
15 not believe that the State can prosecute this case without
16 Honor --
17 THE COURT: You can say whatever you want; we're not
18 doing that.
22 concerned.
8 helping.
13 personal property --
15 last chance.
21 chance --
25 dismiss.
4 that matter.
12 going to go ahead and give the State's date. You can then go
24 number, please?
11 schedule it as best they can, and they'll tell you when you
3 even set my alarm this morning to show up? I did that, Your
9 do.
16 motion granted, that will cancel the trial date. That's what
17 we'll see.
22 it?
1 Disabilities Act.
5 have some --
23 You'll give that to Mr. Stull, who can then go over there?
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 11 of 29
) Pages 107 - 119
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
12 told Mr. Stull that if nothing had been filed by April 11th,
13 the motion would not be heard and the trial dates would
15 filed.
7 jail for 76 days. None of this has been easy for me.
15 set a date, and then I got a letter which said, whoops, our
17 Honor.
14 now, right?
19 question.
25 cases. They're both set for trial for April 26th and --
6 anything, but we can send you out with your oral motion.
8 tomorrow morning, okay, and then you can argue the merits of
16 cases --
20 on appeal --
2 a pass, unlike Judge Hodson and Judge Jones, who I had off
11 constitution --
2 and --
8 of my civil rights.
11 up this morning to come down here. They should have had the
13 have no case.
21 case.
24 Bushong.
7 and they could see that these -- these things date back to
11 1993, I had a hearing and it's still open. I can't even get
14 THE DEFENDANT: So --
22 tomorrow, right?
6 think 15 witnesses.
9 Your Honor.
13 with a disability.
16 tomorrow morning --
24 order.
4 standards.
22 tomorrow morning --
4 lady?
2 Now I'm getting quite upset, and you can tell that
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 12 of 29
) Pages 120 - 208
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
(None.)
(None.)
EXHIBIT INDEX
Offered Received
(None offered.)
2 -O0O-
25 proceed.
5 this morning.
5 hearing, but really, I'm hoping that the State sees some
15 Motion to Dismiss --
19 charges --
1 pointing that --
7 facts.
9 interrupted you.
11 Portland City Hall, and my friend, Moses Rosen (ph), you may
12 recall his trial with the structure with Michael Rose (ph)
24 wall, pants pulled down a little bit, and he said call 911.
7 man over there who's drunk and peed his pants. And he
10 hauled the guy off. They knew who he was and put him in the
17 leave, my one friend Michael said, no, come back. And then
19 we're serving pizza, and help me get it, and all that kind
23 going with my bicycle. And the police came out. And that
9 can take over good things and wreck them. And I had such
22 fatal.
2 Bridge less than five minutes before I got into the Emanuel
10 paramedic, said no, I'm calling the police. And then I end
13 police officers.
14 THE COURT: So it --
18 Emanuel?
20 you how --
1 event.
9 his GPS's key (ph) number, you know, like, Your Honor --
18 the police give you a business card. That fellow was out.
21 the facts.
4 around.
7 what was going on, and I don't know that I have the
15 did you hear me saying to the police that I could die from
4 room in the treatment room next to the one I'd been in a few
7 the building.
12 and ask when the next bus was so I didn't have to spend, on
14 make it. They arrested me. One of them says, oh, he had a
18 you just let me get up and sit in the car, I'll ride this
19 one out. And I did. And I sat in the Justice Center Jail
2 the jail.
14 burritos, and I know the trick when you get forced out into
15 the cold, you've got to endure it. So then the MAX started
17 house.
25 can't see in or out. I don't know; I've never been in. You
2 off. And I've seen him maybe five times, four times, three
6 night that was pretty traumatic for me, and it got a lot of
9 for him. I don't know what his issues are. I just want you
10 to know that right here there was this big, you know, police
16 cell -- the number of the guy who was talking on his cell
21 there's no crosswalk.
10 was the homeless guy out in traffic or somebody that fit the
17 got on the bus, the same stop as me, kicked me. She just
25 that said my name is Barry Joe Stull, please call 911 for
3 outside what we call big pink, U.S. Bank tower there between
6 incident on the bus, there's already been the 911 calls out
7 in, you know, 108 th and Stark, or 109 th and Stark, and I need
8 you to just, on my behalf, call 911. Let them know that I'm
19 through it. And I said the hell with it; you keep it.
23 off the end of the roller belt; the second guy who met me at
24 the top of the steps tries to push me out the door. I've
2 almost got run over by a car from a guy talking on his cell
3 phone.
12 and that was that. That was the Tuesday I'm talking about,
13 relating to my (inaudible).
17 Justice about the use of force and all that kind of stuff.
20 hardly a hands-free.
11 me, very close, I mean right next to me. And I told him
20 she's known me for years, Your Honor. And I said, oh, and
23 know now, and that's important, and then I'll flush out the
4 that I'm safe with, that I just get a ride, 15 minutes later
5 I'm in my house once they pick me up. No big deal for me,
7 healthcare.
11 easy, and I have all these things. And so I now know that
23 medical transport or didn't know what was going on, and she
17 adopted that 1994 agreement, we'll call it, it has that free
22 it.
24 city archives after the auditor said that they couldn't find
5 So had the City, on the sign out here a block or two away in
8 agreement.
12 that or not. I'm just saying that when I was going in, I
24 out loud.
16 bit.
14 and I don't give them any room to go, there's just nowhere
17 before, I'm coming in, I'm on the agenda, and on the way in
18 cell phones started ringing. You know, I'm giving them far
20 They didn't do the decent thing and find out I was right.
2 get the forms and fill them out. And then I shared the
5 and I knew that. And I'd also used the Koenig case when I
25 I'm a musician, I play the piano and the mandolin, and other
21 internally.
23 me, and it's pretty outrageous when they do, Your Honor,
9 accommodation.
13 reports. It's incredible the font size they send that in.
14 But I've read the police reports, and it says that the
16 Portland Police were called that day. And then it says the
20 leave.
7 on the shoulder and said, “Are you Charley?” And I said no,
10 me. And I told that story to one guy, and he said that's a
13 assigned counsel.
20 have to get off the train. I said I'm getting off this
6 him, which I didn't do. And what I was found guilty of was
8 because the same transit deputy pushed me off the train into
19 court and find out that I had charges that were totally
23 the bus or the MAX today, and I didn't have anybody punch me
3 Todd Engstrom saying, and when you get out of jail, this was
19 police came, the police told me, and it's in the police
4 knew the police were lying to me, and once again, just like
6 the math, certainly not much more than 48 hours earlier, the
17 You can't just say to me, less than 24 hours, you can't be
21 right or, Mr. Stull, you're wrong, but we're going to give
9 in this courthouse.
15 room to come out and call the police because, "He's here
16 again" they say, and there's never anything wrong with him.
18 issues here are the City of Portland, through its agent, the
23 transport ride.
4 Your Honor. And the Oregon Revised Statute Chapter 659A has
9 because they didn't get any paperwork in. But I went to get
12 ID. And I did that, and I did that, and they wouldn't give
14 up.
15 And lucky for me, these guys with guns have been
18 yell, and I get upset, and I yell because I got the email;
19 if I could log onto the internet right now, and I could show
3 why I feel that I can show you here in five minutes why I
5 destruction of my property.
14 while I was in the police car. When I got out I had to ask
19 back door, and I don't either. Just those were taken from
8 never should have been locked out. The landlord took a week
10 $15,000 worth of stuff I could add up, and the research for
11 the book they knew I was writing. I proved all that. They
12 did it again. October 2006, threw out $4,700 and $75 worth
20 term, but anyhow, I did have that check, and I knew that
7 pot bust. It's a legal gray area, what's the filing date
13 not bring or file the 30-day no cause when the rent is paid.
25 felony, and they knew that as of the day that they filled
5 get that I got subsequently, but it says the same thing and
6 more.
20 Engstrom.
1 attorney.
5 And my first call, where she answered the phone, she said
6 you're hard to get ahold of. And I learned that the sheriff
8 she said you have court tomorrow, and I said yes, I do. And
14 was the 10 th , and they had the grand jury. For the 11 th I
18 of January. And she said that the plea offer was that if I
1 she was going on vacation, see ya. And you have every right
12 the elbows out because then the handcuffs simply ride until
13 they get to a wide point, and once you're pulling the elbows
21 fight with me. These fellows have come to me, they put
12 shin, that the bicycle kicked me. He was doing a wrist lock
16 wrist lock. And they did that all the way to the police
17 car. And you know and I know that passive resistance is not
2 the time and might have been a little angry with any kind of
3 person with a uniform at that point, but anyhow, the EMS did
5 not of me. They put me in the police car that was parked in
13 their own mind, the guy that they arrested, as the transient
20 I've got the chapter and verse case numbers dating back to
21 1989.
8 had never even known that I was found not guilty. I walked
10 trial, was found not guilty, and the fellow that went to
15 we are.
17 person who got shot at, and we don't know whether Sergeant
22 mine as this has been playing out over the years, and it's
1 my home, gym shorts and tee shirt with the exit papers,
23 eyes. I'm not that confident that they're out to kill me.
8 the other thing. But no, I'm not going to plead guilty to
16 kill him.
23 could use the phone. The cards don't work on the computer.
7 convict me for my alum and his alum attacking me. And the
11 trial, which the State said they weren't credible, how they
14 I had from 2010, right here my neck still hurts. And I can
5 person knows that the person has the disability. And that
13 remember everything.
21 she did call me on January 5 th , and the call from her was
22 right before she went on vacation. She said take the plea
8 was the one that sat in on -- the case was before him on the
10 that said it was okay for the landlord to not pay me for
20 of my goods. No, I'm the one that got arrested, and I'm
25 that might have been, says he can't take his call. They
1 have a hundred other clients that will have their call, and
12 like the other person that had to wait for me, and I don't
3 charter.
23 destroyed.
9 the 17th. The fellow that got in the ambulance and later --
1 Center Jail.
25 dismissal.
6 of you.
13 this case --
4 justice for any reason, is that, and I can say this best by
21 and I can, you know, remember case law and the kind of
22 things that I've done here this morning, remember the dates
5 acted.
23 down the stairs, and that was 14 steps counting the landing,
2 flight. And once the pain relay has been rewired and it's
5 sent to the State, it's from 2004, and Dr. Grimm became
16 Dr. Grimm, and Dr. Grimm did the analysis, the myelogram,
19 away.
5 reasonable.
12 this office.
21 January 25 th I went and saw the doctor there. And they said
22 that we don't prescribe even the FDA approved THC which you
3 contact.
9 analysis.
13 have been given the exclusion, that some inquiry should have
3 college.
10 Moraro (ph) from 2012 said that when I referred her out to
21 let any of this stuff happen, and it all does, and it all
22 did to me.
25 to court as I'm having now with Mr. Behre, I said why did I
5 course, I've got her name written down. And I said do you
6 have mail records, and how does that happen at your firm.
18 your vacation.
21 fast one. They said look, we'll give Barry Joe a get out of
1 Auditor Mia Rent (ph) to say that she couldn't find that.
3 say that they can't find that 1994 document that's, like I
7 Mr. Behre can't find that 1994 agreement because the City
11 here for the original 1994 document, and no it's not. It's
12 the 2006 document that doesn't mention the free music zone.
17 dismiss because I'm too sick, and when I got this stuff in
24 and it's easy enough to go down the line and say you're one
25 and you're one and you're one and you're one and you're one,
15 and to the extent that that was the basis to exclude him on
4 read the -- I want to say Olson (ph) case. It's about the
10 that I recall. And people could have got hurt real bad,
11 Your Honor, in that room with those folks responding the way
24 And then I was mobbed, and there were maybe six or eight
25 people came and just kind of, you know. And in the process
3 and this was after this 175 beat a minute episode. And I
11 the issue was, and after an hour I called, and they told me
13 can I talk to the supervisor, and they said yes. And they
14 said yeah, we'll send somebody out. And then I saw Sergeant
15 Nea through the glass, and I said what's going on. And he
19 shock of that, it's absurd. I'm sitting out there for over
3 came back into the doctor and said you're clear to go. Your
17 know what's wrong with me, and I need a second opinion which
18 was the security guards and the over-tight handcuffs and the
25 wasn't there. The whole time it was in OHSU in the lost and
7 out of jail.
9 hospital here in the city was going to accept me. Got out
12 order. I called 911. The cops came out, arrested me, and
13 let him go, and he had a warrant for his arrest. That was
19 the birth date, right? And that was my first arrest on the
20 19 th .
22 was Sergeant Holbrook, we've got your ride here, Mr. Stull.
5 That was my jeans and one sock, my tee shirt and another
6 sock, the door is bent in the frame, and the inside of the
14 shut the water off as soon as I flood the tier, and I will
15 flood the tier, and that means I just flush the toilet.
21 just flushed that handle until somebody gave that gal next
7 the top of the ramp to the bottom of the ramp and got me out
8 of jail, the headliner was torn down, Your Honor, and I was
1 that fact.
4 the State know that we're either having this hearing, and
12 to get in here so he can say what we all know, the cops lie,
13 the cops hurt people, and the cops kill people. I'm willing
14 to say that. I've been saying that for decades. We're all
24 sure your staff here works for the State, Your Honor, but
25 the county is the district attorney and the jail who didn't
8 got it. But I had that in my file which we can see as part
14 Honor --
17 come from -- the Lamb River (ph) is not very close to 122 nd
21 subpoenas. And he did and they did, and that's actually the
6 this was my first and best attempt to get this before the
21 the record.
25 ///
4 into evidence.)
7 read it, and then we'll all come back, and if I have any
14 expenses later --
24 aren't numbered.
2 last page.
16 Mr. Stull --
25 his letter and his oral presentation this morning, and the
7 was the point of his motion. So maybe you can address those
8 issues.
10 the fact that Judge Wittmayer had told Mr. Stull that if he
15 everything that Mr. Stull said was not under oath, and so I
16 would submit that was just simply argument and it's not
17 evidence.
19 101; the State did not object to that. Everything Mr. Stull
20 has said was not under oath. With regard to the dismissal
1 print the case, but the printer is not working right now.
22 well.
25 address with his own counsel. It's not something the State
4 has ways --
12 felonies.
24 done and happy to work with him and make sure that he has
2 justice either.
4 don't you?
8 stays alive.
18 work with Mr. Behre as the legal advisor to make sure that
7 interest of justice.
24 anything else that you think I've missed that you want to
16 how to use -- all this stuff is free box or maybe from the
20 because I had to replace what I'd worked with for years that
23 say that.
4 well, when I sent out the power of attorney and got the
13 phone number you need to know if you want to know how to put
23 Hillsboro. I think the other one was from Wes Limb (ph).
24 The third one was one of the Portland Police Bureau Officer
8 but when I got the police reports when they did respond, I
12 jury come in this month and they're going to sit here and
15 was a crime victim, and I just want to call off one of these
2 perfectly, and they may only cover some edges. But I don't
3 want to --
5 I understand that.
9 I'll just tell you what I lost. I lost the things I need to
17 the lists of things that people want to do. Some people are
18 weird and they like to do weird things, but what I'm saying
20 nightmare, you say, oh, remember the time I went to the DMV
21 and I had to wait for this, that, and the other thing.
25 they're a bar, and the OLCC has been really hard on them.
2 friend when I went to go eat, and they said do you have your
3 ID, and I said no, the police threw it out. They said well,
5 even eat.
8 again. And this is what I'm doing to not even get to where
10 said, I'm still -- the cops have more keys to my house than
17 position.
20 with that.
16 have to address.
23 101.
8 justice.
17 pre-trial.
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1 CERTIFICATE OF TRANSCRIBER
8 _________________________
9 Cindy Weiper
12 Salem, OR 97302
13 970.405.3643
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 13 of 29
) Pages 209 - 211
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
10 five witnesses, one and a half days. And the second case,
3 Immergut.
10
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1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53479
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 14 of 29
) Pages 211 - 224
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
Lois Rosenblum
2 -O0O-
8 table?
19 this matter.
17 Mr. Stull.
2 I certainly will.
7 the purpose of this hearing, I'm telling you I'm quite ill.
11 have a disability.
17 five days. It's still out there. But I walk to the MAX.
7 And the very specific point that I raised on February 9th was
13 the briefs have been in front of the Court now for well over
6 the library last night and I got an email which was from
7 several days ago from Mr. Francesconi saying that this issue
17 plea offer.
22 impression that nobody was going to come down, but why don't
25 confusion.
2 And just --
5 this.
7 housekeeping.
9 this.
11 (indiscernible).
13 being late.
16 representation.
3 just get to ruin my life coming in here and having all these
12 basis.
16 to pay the good doctor for his appearance. And I'm smart
24 can say to reinforce that when I'm being passed around like
8 informed as I am, and as any attorney would have been who had
11 this.
24 diagnosed me. How can he not look at his chart notes and
25 say --
2 are --
5 THE COURT: I'm not argue with you about it. I'm
6 just telling you that that's the subject matter here. And
11 was generated --
15 talk.
24 ill.
2 disability.
4 at me.
8 THE COURT: I --
12 making a finding.
16 disability --
23 represent yourself?
2 me.
15 case. You --
24 subpoena people.
2 court.
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1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53479
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 15 of 29
) Pages 225 - 246
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
17 here.
12 so --
2 witnesses.
5 need me.
7 my plan because Mr. Stull has been set over I think in the
8 past, but he's not the priority case because he's out of
19 we get the first one done rather than -- I just felt bad
2 that --
9 (indiscernible).
17 happen (indiscernible).
21 misdemeanor?
5 locate him?
11 him?
14 UNIDENTIFIED SPEAKER: I do
21 we were here.
4 is here.
6 witness.
10 reach him a few minutes ago. I mean, I'm happy if you want
19 date.
25 presume?
3 did issue a bench warrant because you were not here for
10 when they were saying that the bridges were up for half
11 hour. And before I got off, I rode my bike from the Rose
12 Garden over there. They said the bridge had been up for an
17 announce that --
24 start your case right after this case this afternoon, but
16 clear.
18 it.
22 anything and --
23 THE COURT: So --
25 when you came out here, and if you want to proceed with
1 this matter.
3 going to take --
13 have -- well, let's move the mic. We'll just call the case
14 and then I'm not -- I think I can reset it here if you have
15 dates.
17 witnesses --
20 we'll set -- a date check about a week out, and I can work
21 and get my dates fixed and send Mr. Stull an email letting
24 Mr. McMahon call the case. We'll note on the record just
9 15CR53749. Today was the time and place set for trial in
10 this matter. Mr. McMahon is here for the State. Mr. Stull
17 was at 9:25, but I held it till noon just in the event that
18 you were going to come, and so it has not entered into the
9 (indiscernible).
12 That's my mistake.
21 these cases --
7 get the memo that the reason that the firm was appointed as
7 don't have trials on Fridays, but when this was set for
13 subpoenaed.
19 the --
9 really to --
22 right.
1 him know what happened here today as the issue, and also
2 pass along what you just said. But I would urge you to be
6 and talk to him about the subpoena issue, and so you have a
22 happening.
16 I don't have to --
20 do the work.
22 about that, so --
1 replacement of counsel.
1 with him. He gets very good results for his clients. And I
7 But Thursday --
8 (Crash)
25 8:36.
3 train was -- that the bridge was up for a half hour. And by
7 next --
11 through.
15 happened, but --
21
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1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 16 of 29
) Pages 247 - 251
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
6 but --
10 your turn?
12 come before the bar because I'm not a member of the bar.
15 that again.
18 experience.
17 you've met --
8 have the bad dates, but I know the bad dates do go through
16 readiness for Friday, July 15th, 9:00. You know how that
17 works, right?
24 You know how to find out where to be, right? All right.
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1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
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25
STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 17 of 29
) Pages 252 - 254
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
17 them.
25 older --
11 (Pause)
14 15th, yeah.
21 on 9/6 one would be 8/17. And the one ending in 749 would
22 be 9/6.
1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 18 of 29
) Pages 255 - 310
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
8 Those are for Barry Joe stull and David Keith Davis. Motion
6 it's appropriate.
15 proceedings.
8 That case is set for trial this month. And the State has
14 motion.
23 case numbers.
25 for not the case that this gentleman's talking to you about
1 today.
4 doing this.
9 September.
1 Mr. Davis were both present. Mr. Stull was there speaking.
5 actually shut down the council meeting and had been asking
10 were both ordered to leave and told that if they did not
1 the same witnesses, the same video, the same exhibits, all
13 although you have your legal advisor here, Mr. Kelley. And
24 even though I'm pro se, I still have that. In 2006 or so,
16 the one to inform all you all about the language of our
21 So --
15 the State to dismiss, the time for that was before now.
17 today --
8 long-ago events.
23 you want to really, you know, delve into the fact, that
1 means you're paralyzed and you can't move. No, it's really
2 -- it's really more like the car alarm going off, having
3 things.
17 I'm not sure, is -- was the date the 22nd at the hospital?
20 November 22nd.
7 Supreme Court case, Stull vs. Hoke, and how this filtered
9 this calendar year, the Oregon Supreme Court cited Stull vs.
8 enjoyment.
25 right.
4 comes down through, State vs. Gaines would cite Stull vs.
6 But what I'm saying is, I don't believe the State through
8 say that the fellow who got out of the emergency room on
9 the way to the bus stop really had the opportunity to both
11 Emanuel Hospital.
18 certainly not the way that normal people, other people, any
22 trespassing --
23 THE COURT: So --
25 side of the door than the other. I was just a person that
5 you're saying.
6 offense, and then they apply the law that I give them, but --
10 Honor.
15 chase of the trial, and I guess what I hear you saying is you
15 one. I already --
5 motion to dismiss.
11 Mr. Kelley?
14 MR. KELLEY: I am --
19 I've seen the result of the hearing, but I haven't seen the
21 that time.
3 the case law dating from -- when's State vs. Marbet? When
4 was that --
1 State vs. Marbet, I'm sure Mr. Kelley could give you the
2 case cite -- but the point I'm trying to make is, they use -
25 it's like the rows in a theater where they get into row AA
9 arrest being one of the outcomes that I'm saying that process
11 about what took place, where was this, what happened here,
14 means.
24 have a factfinder --
10 grounds.
15 they're inadmissible.
1 admit them?
17 exception rule.
1 doctor's office --
4 those in later.
20 the main hospital any number of times, but, you know, that's
23 were there.
2 to admit?
4 was the 15th of October 2011, where my pulse was 175 beats a
13 MR. STULL: So --
21 that. And that event was for my Central Pain Syndrome, the
2 Syndrome.
14 for trespassing.
23 the records?
25 '93, I think.
12 admissible.
19 under Marbet.
1 this. I'm the guy that -- I'm going to be frank with you.
8 hearing before Judge Bushong, and I'm the only person in the
9 room that endured that, and that was me, going to the
22 medical condition --
6 medical records.
8 stack of proof that I'm a sick guy, and I'm saying right now
9 that you are making me sick not because I don't believe you
20 protected for the purpose of this hearing, and also for the
4 dragged me into it, and they will not let go under any
5 accord.
8 the map. Here's the door. Why couldn't I go out the door?
12 And they --
16 to tell you what that reason is. That reason is they know
17 that if they lie and they prosecute me, and they send me to
20 able to get a MAX home until 5:00 in the morning, then I'll
25 today.
4 his statement.
8 neurologist's subpoena?
14 that subpoena.
20 I would note that he's got some records from a Dr. Grimm,
13 that --
19 emergency room visit where he says this is why I'm here and
23 you'll have the records to prove that you were there for an
7 bring that up --
9 Honor.
18 critical care.
1 memo. So they're acting like I'm still the same guy and
2 they've been doing this for years, and it's a roulette for
11 coffee. They arrested me. Went back the next day with this
18 doing.
21 from 2011, the reason being because that was the trespass
5 Honor.
6 MR. McMAHON: I --
9 either.
11 original card.
13 record.
16 Went back that next day. My pulse was 175 beats a minute,
20 Honor.
22 arrested me --
23 MR. McMAHON: I --
25 arrest --
5 for?
21 that are here. And I think that if the jury hears that,
4 to --
14 THE COURT: Go --
21 again.
1 record.
22 perhaps when his more serious cases resolve, the State may
11 respond to them.
6 think about.
12 going to take some thought. I just saw the way that this
9 testimony.
16 took place.
3 relevant facts.
6 I'm sure Your Honor could parse the facts out as, you know,
12 thing.
19 jury trial. So --
22 other, and the jury says, yeah, you're right, and I'm out of
5 because --
19 raised the exact same defenses that I'm talking about here
15 case that's far more serious than this, and the fact that
17 to grant a set over for this to follow the other case. And
18 that -- that other case was set for call on what day?
1 while.
17 proceeding --
9 trial?
16 disability --
2 week.
7 THE COURT: And then you can look into what the
3 that's the --
11 them --
20 disability, so --
2 paperwork?
11 in right now.
14 records.
18 purview.
23 proceedings?
2 there.
4 it?
7 your other case and that will give a good idea, you know,
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1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 19 of 29
) Pages 311 - 312
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
No appearance
2 -O0O-
13 that.
25 ///
1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 20 of 29
) Pages 313 - 314
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
No appearance
2 -O0O-
7 Mr. McMahon and Mr. Kelly have dealt with that at AM call.
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1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 22 of 29
) Pages 315 - 324
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
9 you don't like, that's fine. I'm leaving. You sicken me.
24 Honor.
2 trial.
10 Mr. McMahon saying that his witnesses are not available the
16 Wednesday.
3 know.
7 to CPC --
6 Honor.
12 Mr. Stull's email address. I'll put what I was going to put
14 I'll put that in the email just so that the Court is fully
14 thing on Wednesday.
23 a priority case.
12 follow the one that we've got next week, because the other
16 THE COURT: I --
18 together.
20 know anything about the case. Has there ever been an aid
11 have --
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1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 22 of 29
) Pages 325 - 517
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
Opening Statements
Mr. McMahon........................................... 494
Mr. Stull............................................. 498
(None called.)
EXHIBIT INDEX
Offered Received
2 -O0O-
11 time and place set for trial and the State is ready to
12 proceed.
23 about the facts, as they may or may not be sure, and it's
6 law, and the jury will retire for their deliberations and a
16 jury, but the basis for the objection will be stated in the
4 have the noon break until 1:30; starts at 1:30 again and
7 court day.
12 indicate to the Court that need and then we'll -- the Court
18 about procedure?
13 and sicker and then, you know, I just can't endure. I'm
15 room treatment I don't know how many times, and I'd just
17 environments.
2 include City Hall where the arrest took place and that kind
4 so --
7 what to anticipate.
14 court.
17 change.
6 destroyed.
15 4th.
24 the status.
2 right?
3 those references.
15 now?
20 points.
16 haul --
4 conviction.
11 warn the jury that there's been some evidence and it should
21 through 4.
8 footage?
24 records.
3 to address.
12 from the previous day relating to the fact that Mr. Stull
7 you're --
9 could give you the case number. I have it here on me, the
19 believe that Mr. Walsh had already had that pending, had
23 have two things. We have the fact that the policy was
4 for me because I'm the fellow that was on the agenda and
11 show that what they said I was doing that merited their
16 So --
7 their point of view. You can then say whatever you say
18 I was in custody.
20 MR. STULL: The one from the city, and I have it.
5 document.
20 is a public record.
21 THE COURT: So --
24 a second.
4 subsection?
25 does fall under the -- you know that little section where
14 particular question.
17 and exclusion and I think that that goes well beyond the
24 admissible.
5 It is a three-page document.
6 (Document referred to as
8 identification.)
10 want to clarify for the sake of the record. Mr. Stull does
23 ask that Mr. Stull put on the record, you know, I accept
9 I'm wrong.
3 different things.
5 just agree that when he has said something that does not
10 I know how --
14 of one mind here and one agreeance at this table that when
17 following through.
23 (Document referred to as
19 courses.
2 the --
14 the way they're kept and that they're accurate and that
17 that they reflect, and without them they can't come in.
6 Security.
11 I have the documents I got for that case from the health
21 quashed the subpoena here in, I'm going to say maybe May.
22 What were we talking the other day, June, June 8th was that
3 your condition.
6 testify to.
13 summarized.
16 submit his chart notes, which I have, and that was kind of
12 neurological condition.
14 and --
17 the extent that it's relevant and I'm not ruling on that
20 pain, your condition and so forth. You just can't say this
17 his own counsel, I'm not sure how far that is going to go.
20 for the record what I did about that and that includes
1 obtained stipulations.
4 went over that list and I didn't believe that they could
13 case.
18 Mr. Stull how he could get the remainder into court because
5 record.
16 records.
2 either as a witness --
4 sorry.
7 someone else.
21 condition.
22 into my file.
2 that's --
9 would qualify.
16 should be redacted.
3 think, I mean even seeing Mr. Stull here today so far this
12 and is irrelevant.
12 destroyed.
13 expressly said before the police were even brought into the
2 rights.
7 stops them. And the way that we're going to stop them is
10 659A.142.
22 on every level and they just picked the wrong guy. I've
24 about it. And they beat me physically for too many times
2 to sit down and let you digest what I've just processed.
11 And for that reason, Your Honor, I'd ask that the
6 you know, what they were thinking, what they were saying.
8 was a mental health case at City Hall and that they know
18 facts.
4 arrest and that gets into the legality of the trespass and
20 belief.
12 dispute that.
2 they are well acquainted with Mr. Stull and his medical
3 condition.
22 knowledge of it?
3 because I don't want to have the case, you know, the same
11 prior particular?
16 degree.
23 three.
5 resisting arrest.
7 in the statute.
9 THE COURT: But the fact that you were kicked the
11 arrest or not.
12 MR. STULL: Oh, no, no, no. The fact that I was
13 kicked the day before was just one of the three distinct,
2 those things are civil rights that I have and none of these
7 direction.
12 dismissed.
17 I'm not too sure where that figures in, because what's
21 that statute.
22 But the fact that you had been kicked the day
3 argument and --
8 condition.
21 would have been there and I would have been gone with the
9 fairy tale about what I was doing and what my state was and
12 morning.
23 me, I say I'm not resisting you and they use a pain
25 in the police car, lock the door and walk away, I am not
23 boot they tell the jail staff-- in 2012 they told the jail
2 person and then they want you to, they talked to me about
3 my medical condition.
6 this incident, in the arrest, and how you were feeling and
8 the reasons that you did whatever you did, whatever it was
10 all that.
25 doesn't exist.
7 end.
14 over the call data dispatch that it's Barry Stull and he's
24 relevant. They got him there before and that he's got a
5 are not --
8 not.
9 into the legal weeds about, I think it was like ORS 650 or
21 thing if --
25 the trespass.
6 the point of law that I'm trying to point out. I'm saying
7 that in order for the police to act legally with the person
14 The trespass is the fact that the person in charge, not the
23 arrest.
9 Disabilities Act.
12 after some Supreme Court case law the Congress in 2008 said
14 then they rewrote via what we call the ADAA of 2008, which
16 and the other one is Duvall versus -- oh, the Puget Sound
18 to be an accommodation.
20 say, the civil rights of the ADA, they don't -- you can't
1 after everything all the steps have been taken that can
10 get out of here but I don't want to die. So you don't want
20 unconstitutional --
17 Are you asserting here a defense of that sort that you were
19 an issue?
10 The question is --
12 that.
24 officer --
11 any authority --
8 expressly --
15 with writing out the way it's cited so I can look at it and
16 see if it's --
18 Duvall?
7 number 99- --
9 case?
10 MR. STULL: Is it --
23 Honor, and I'll -- if this is how and when you want that
2 have it --
6 Honor, what I did is I sent them the case cite and then I
14 Portland.
17 But I'll just give you the quote that kind of like
18 bolsters my --
15 possible. And --
2 abatement ordinance?
4 but that's not the part of the case that counts here. This
17 paragraph number?
1 quickly.
10 discriminatory arrests.
5 with disabilities.
8 claim there that didn't deal with the police but it does
25 say it's 11 o'clock and I'm not doing as well as I was when
8 and once again I've shared this with counsel, both of these
14 interpreting the ADA, which I'd say would apply not only in
2 here.
4 were going to like just break until 1:30 and give them time
5 to brief or just --
9 back to --
21 ruling.
3 if that's acceptable?
5 a role for the jury then we're not going to hear of that.
8 any of it.
13 question.
22 argue it to a point.
13 then that would come later in the case. I'm just saying if
7 the law library and start printing stuff out and copying
9 status.
23 after the ADA which -- I'll give you all that stuff and
9 acceptable.
25 get too far along or too far afield, on November 25th, 2015
8 for two Wednesdays, the one we're talking about when I was
12 addressing.
3 access that.
5 Honor, and you went out there and stood in front of a sign
6 you wouldn't know that you have rules to follow that allow
11 that.
16 the policy that they signed and said that they would, you
20 auditor Maya Rinta, who did that research that found that
4 these people even to have you decide that it's not relevant
16 document.
20 point.
4 the city was funding PCRI and partnering with PCRI and knew
8 landlord, they were not only doing that, the housing was
17 they were out to get me. They were out to get me.
1 arrest.
4 agenda and it's not the kind of thing that you sign up that
5 day which you can do across the river at the County Board
19 that the jury doesn't get to hear the State saying and
20 here's this bad guy; look at him and look at what he's
8 is about.
22 advance and unless I'm able to say why I was signed up and
25 all things. But the trouble is, Your Honor, you can
5 there.
7 the ambulance they don't call the ambulance, they call the
12 me, when they're calling for the ambulance you can hear me
4 agenda and that I knew how to do that and I'm just not the
7 saying that you were there because you were signed up. I
13 hear that.
16 today has been just excellent and I'm hoping that that
9 that was on the agenda for November 25th and the following
11 the time that I was arrested I was on for not only that but
15 the agenda for that day, but not the agenda for the
18 here.
21 City Council was when I was under arrest. I've never been
1 24 hours.
4 I've gone in and found out after I've planned for weeks on
5 less than a day's notice this most recent time that no, I
7 issue for me. So I'll show you those forms and you can
8 decide whether --
20 goofy things and the goofy way that I said them, they're
2 down.
8 defenses as well as --
10 you think --
21 is not a back door way of saying that you can resist what
5 statute.
22 point rather than call for a jury and then they wouldn't
4 briefing.
9 further.
12 that couldn't get into housing while this housing, the way
18 housing.
22 this as evidence.
16 these things they stack up, the more of these things that I
21 going to reiterate that the jury has this video that shows
9 condition for a long time and I know when I could die from
10 it.
12 things.
20 Your Honor.
9 be --
21 action.
8 statute.
17 that statute.
23 can do that.
6 simple. I'm not trying to waste any time here, I'm just
10 it takes some doing and takes some time and I've done all
11 that.
16 case law on that that says that those were interpreted the
12 enforcement.
3 attempted assault.
9 issue.
12 calm down.
6 relevant.
11 criminal charges.
8 in our society.
12 the federal court say that Oregon should follow the federal
15 Your Honor.
25 argument.
3 I'm not saying that. But I believe that should this Court
19 do that.
22 laws first and we don't offer the person whose civil rights
3 have been drawn into this process. And I'm going to take a
4 break.
6 Okay.
11 amounts to.
15 called diminished --
2 defect.
16 Your Honor?
22 outside of the --
7 Your Honor.
14 are required.
24 right?
2 out.
10 overhear.
10 stand.
13 further let's make sure that all cell phones are powered
22 Eamon McMahon.
24 afternoon.
21 and provided and against the peace and dignity of the State
22 of Oregon.
16 the truth of all the matters alleged. And under our system
20 reasonable doubt.
7 trier that it's more likely that a given fact is true than
20 have you one of the six, or seven who will stay with us for
21 the trial.
3 I can ask you that same question. So we'll start with the
7 John Chandler, Mike Cohen, Jim Wood, and Jason King. Next
17 (indiscernible)?
21 (indiscernible)?
23 department.
25 might call.
3 (phonetic); anybody?
9 E-R.
11 much about the case, I just read to you the charges. The
18 them to judge this case on the facts and on the merits and
25 And also Mr. Stull will do the same. I'm sorry, I said
12 estimated length.
24 jury. Now with that said we will go around the room and --
9 going to start front row then and just go down -- I'm going
11 if there's anybody that can't see it. And when we get over
14 starting --
23 hardship.
11 (indiscernible). (Indiscernible).
3 (indiscernible).
7 morning, yeah.
13 (indiscernible) if I miss.
2 the prison system. I've never been a juror in the past and
4 through the night and I sleep during the day. But by the
6 (Indiscernible).
17 (indiscernible).
4 rescheduled or not?
8 (indiscernible).
20 the city next Tuesday and Wednesday, but prior to that I'm
21 available.
7 over into next week, but we don't have the case on Friday,
19 hardship (indiscernible).
19 (Indiscernible).
11 traveling?
14 going to travel?
8 Stull. Well, just let us take this down and Mr. Stull can
14 and we'll just start over here. Was that a criminal jury
15 or a civil?
25 is.
18 going long, do you think you won't be able to take the time
22 thing?
25 how long it may take you all when you're on the jury to
3 your question.
13 be (indiscernible) schedule.
19 (indiscernible).
8 with (indiscernible).
12 sharing. (Indiscernible).
13 appreciated.
5 leave it raised.
13 experience (indiscernible)?
19 (indiscernible).
4 bad experience?
7 (indiscernible).
17 (indiscernible).
23 didn't raise your hand for it, but you kind of indicated
8 so I think I also saw Mr. Rice you had your hand raised.
16 (indiscernible)?
20 Okay, now over here, Ms. Walsh, you raised your hand. What
21 was your --
9 (Indiscernible).
23 the house. And at the same time that the sheriff was
11 with police that you think might impact or shape how you
16 that --
20 loved one or perhaps even yourself that has had some mental
6 (indiscernible).
11 your --
14 (indiscernible).
18 mentally ill?
25 (indiscernible).
4 health issues?
10 (indiscernible)?
19 (indiscernible).
4 (indiscernible).
12 of an objection.
20 deals with any issue in the case, it's just asking people
25 not --
6 process go.
12 (indiscernible)?
25 issues (indiscernible).
4 (indiscernible).
15 (indiscernible)?
20 is --
1 (indiscernible).
6 about?
15 to what the law is. And she may give you some
4 instructions. (Indiscernible)?
12 statutes? (Indiscernible).
15 statutes?
18 a little trouble.
2 think (indiscernible).
4 (indiscernible).
9 (indiscernible).
3 asked. Does anyone have anything like that that you wish
4 you'd asked?
16 (indiscernible) decision.
21 they would view the evidence and how they would make a
1 decisions.
3 (indiscernible)?
14 back of my mind.
21 could.
1 impact how you view the evidence or how you might hear
2 testimony?
7 considering.
13 jury and then we'll get started with the jury after the
20 but I'll give you a few minutes to think about it out here
22 (indiscernible).
4 everybody stay with us. Okay, thanks. Oh, and if you need
11 second.
12 VOICE: Sorry, I --
18 witness and started talking about how this is the first one
22 (indiscernible).
24 improper.
4 VOICE: (Indiscernible).
16 (Indiscernible).
21 absentminded. (Indiscernible).
6 keep doing it. Now you are not a party, you are not an
16 if hear --
20 (indiscernible) --
24 VOICE: (Indiscernible).
7 concluded that.
10 issue.
19 instruction be given.
21 don't have words from the gallery that the jury hears that.
25 tell her not -- I'm going to tell them not to pay any
6 unhappy with you. I'm not unhappy with you. I'm kind of
8 anymore and I couldn't stop it; did not indicate that she
21 proceeding?
3 are sticking with us and when I do, when I call your name
12 was a pleasure to you meet you all, and to send you back
15 you.
18 (Jury sworn.)
12 each side will argue to you why you should resolve the case
22 back into the court and your verdict will be read. This is
1 you decide what the facts were, what occurred. Your second
3 that the law is. When you do this, you must follow the law
2 evidence as received.
22 You'll have the exhibits with you when you deliberate. You
25 guesswork.
3 evidence and I've already told you this, it's not evidence,
13 asks you did you see so-and-so's new car, maybe you didn't
14 but you might draw the inference from that very question
17 of the sides asks a witness did you see, and let's say it's
18 a car case, did you see the car driving down the street and
19 the witness says no, you have now heard no evidence at all
25 witness says yes, then what in effect the witness has just
7 about what the answer might have been and don't speculate
10 deliberations.
23 to you now.
5 evidence is.
17 are the judges of the facts and who have the responsibility
20 this case with anyone in the course of the case. Once the
11 somebody who's very close to you and that might have some
15 did you get on a jury, and you can say yes, you did. You
19 what's the case about, you're going to have to say that you
21 order you can't talk about it until the case is all over,
23 system and that's the only way that we can preserve it.
3 with this, not about the people, not about the witnesses,
4 not about the law, not about the facts. Don't visit
5 locations.
21 time for you to see it. I don't have the capacity to play
2 each side in which they lay out the evidence that they
3 expect to come out, and then we'll have the evidence in the
12 the State has the burden of proof and the burden of going
21 for 24 hours.
19 (indiscernible).
23 placed his hand on Mr. Stull's chest and gave him some
5 (indiscernible).
11 took him by one hand and asked Mr. Stull, I need you to
18 things (indiscernible).
4 to wrest away, pulled his arms out, get away from the
7 the ambulance was requested for; two, was not ordered. And
9 and video tape, the Defendant saying this could kill me.
2 duckling.
11 not guilty.
15 (Witness summoned.)
22 and last name and spell your name for the record.
24 Wood, W-o-o-d.
25 ///
1 WHEREUPON,
2 JAMES WOOD
4 testified as follows:
5 DIRECT EXAMINATION
6 BY MR. MCMAHON:
8 occupation?
11 Q Okay, and when you say the city what do you mean?
20 A 29 years.
22 A Retirement, just --
5 A Yes, we are.
8 A Yes, we do.
12 A Yes, we have.
13 Q (Indiscernible)?
18 2015?
22 A Yes.
8 Involvement?
12 information.
13 Q And --
18 A Um-hum.
21 Hall.
3 for that.
12 A Yes.
19 time, came out and at that time we were again, the police
21 He spoke with Mr. Stull for just a minute and Mr. Stull
25 A Yes.
1 Q What did you tell him, did you give a time limit
2 on the trespass?
3 A 24 hours.
8 trespassing (indiscernible)?
9 A Yes.
10 Q How so?
12 me. I'm not going to leave. I'm going to wait for the
16 A Yes.
18 A Yes.
21 A Yes.
23 A Yes, I was.
25 day, correct?
1 A Correct.
3 on November 25th?
17 told him that you know you're excluded for 24 hours and
22 A Sure.
24 Building, correct?
25 A Yes.
3 A Correct.
14 A The -- oh.
16 technical terms.
18 Q Yes, correct.
19 A Second floor.
20 Q Second floor.
21 A Yes.
22 Q And you say it was on, and those are within the
24 A Correct.
6 Council chambers?
9 to testify.
22 the objection.
23 BY MR. MCMAHON:
25 leave?
9 know or remember just how many, but it was not full by any
17 overrule that.
18 BY MR. MCMAHON:
20 said a sergeant just arrived, and who was that sergeant and
21 what happened?
1 basically just put his head in, observed, and after that
4 basically from when Mr. Stull first entered all the way
6 A Yes.
8 (indiscernible)?
10 Fritz came in. She approached Mr. Stull in the first row
14 hungry and yelled directly into her face that he'd killed
17 passed on?
19 crash on I-5.
22 Q But you didn't, but did you relay that to him when
24 A Oh, yes.
3 tomorrow morning.
11 jury room. You'll leave your notes there, and then you'll
17 morning.
5 confusing to me.
12 for was to get my evidence before the jury and that extends
14 front of the jury. And I did just now give Mr. Kelley
16 he'll simply tell me and I'll object and then I can go from
17 there.
25 trial so --
3 clear it up.
5 those points.
9 preference?
15 that we'll have to excuse the jury and then have a full
16 discussion.
18 the objection?
24 and there was a lot of times when the counsel came up and
17 it on the record.
19 want them to feel like we're jerking them around and they
22 good exercise.
9 our trial time at all because it's not custody it's just a
10 status check.
12 So it should --
14 tomorrow.
17 consider.
14
15
16
17
18
19
20
21
22
23
24
25 ///
1 CERTIFICATE OF TRANSCRIBER
9 _______
11 PE Transcripts
14 (208) 610-4686
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 23 of 29
) Pages 518 - 786
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
Testimony................................................. 518
None called.
EXHIBIT INDEX
Offered Received
2 -O0O-
12 proceed.
17 (Pause.)
23 DIRECT EXAMINATION
24 BY MR. MCMAHON:
1 A Good morning.
3 after you entered the state law chambers and contacted Mr.
7 A Yes, I do.
12 bit of this clip and then I just would like to ask -- would
23 (Recording ends.)
6 A Correct.
11 A Yes.
16 video.
25 -- is that Colleen?
4 9-1-1.
5 (Recording ends.)
11 excluded.
13 A No.
21 paperwork.
23 9-1-1 right now. I could die from this. Are you going to
10 pain syndrome.
11 (Recording ends.)
13 non-emergency line?
16 9-1-1?
22 emergency?
23 A Correct.
24 Q All right.
6 drug.
7 (Recording ends.)
11 THE COURT: Can the jury see it? I can -- you can
18 restart it or whatever.
21 I just want to --
13 -- is that Colleen?
21 paperwork.
23 9-1-1 right now. I could die from this. Are you going to
10 syndrome. And how long did it take for me to get into the
17 they work. Oh, wait, what's this say? Oh, wait, I got the
24 Well, this -- they had broke two police cars. One of them
7 Barry Joe Stully turns into Barry Joe, J-o-e, middle name,
12 here. You -- can you help find this? And we're on the
14 Portland.
15 (Recording ends.)
16 BY MR. MCMAHON:
18 point?
19 A I don't know.
20 Q Okay.
25 Q Okay.
1 A -- was filming.
3 city hall?
6 A No.
8 A No.
10 A Correct.
16 Portland. Let's see what this one says, see if this rings
17 any bells.
21 MR. STULL: No, no, no, no, no, no, no. It says,
8 the guy's foot who is our guard. And I'm going, see, I
9 just stabbed him again and all those people I just killed
10 them, bang, bang, bang, bang. Oh, they're all black. Oh,
18 people for this? I did and I posted this past week that I
3 across from him for two years. I'm a homeless guy? He's
9 shorty from now on because he's never going to get into any
15 it.
21 Guess who didn't show up? None of them. I'm on the agenda
22 at 9:30 and I'm here and they're not. You know why?
24 all --
25 (Recording ends.)
1 BY MR. MCMAHON:
7 to be. We had called the police and they were outside, you
9 their strategy.
15 A Yeah.
4 unquote. Did you hear any of this? Hey, did you hear
6 attacked by three men? Were they all white? Were they the
10 Oh, it's just like a park, the same week I hear on the
12 park over there. They say Louis and Clark College is just
21 my life, it's not and I'm going to tell who you're talking
22 to, folks. Barry Joe Stull, 326 OR 72. I filed that from
2 light guy who was the last speaker. And the one that was
3 after the last speaker was the guy who said, following my
10 for when they were against marijuana because that was the
12 money. And I'm the guy that Dave -- oh, wait, who is Dave?
20 need the police. We're better off without them and I've
21 been saying that for years and that's why I have one person
5 wait, weren't you over there? Didn't you tell me you and
16 bending the jail door. They can't tell you about that.
21 says, "9-1-1 says I'm the third one." Well, I have to wait
4 the owner's daughters are two sisters. They know me, the
6 says, "You're the wrong guy, get out of here." It's just
9 Mike says, you know, they told to keep an eye on you three
11 took over the God damn Justice Center and they let me in
22 except for there was a hearing; and, two, Charlie Hales was
23 there; and, three, they passed the agenda item which had
2 That's why they can't even show up at the God damn hearing
3 because these people are criminal and who knows it? The
13 the first Thanksgiving that she hasn't been alive and for
5 killed all you, pointing to them. And I said, "And see all
7 Black people.
16 Well, the law for one thing. And why are they there?
19 profiling.
22 third time that I've been on the agenda. The other two
4 Mr. Johnson --
7 has been talking about this vacant property for quite some
10 Mr. Johnson?
14 and he left the building and called in his vote, yeah, it's
16 archives, Barry Joe Stull says. Here's the time code and
20 You know, he was a big star. Hamilton Fish was not only a
22 to get the right Hamilton Fish because I've got to get the
4 doing that little bit of, you know, hey, next door
10 Well, how long has that been vacant? Oh, well, what's it
13 remember her. She's from PCRI because she's the gal that
16 she didn't -- oh, what are they doing? Oh, they're getting
23 wielding menace of occupied and you can read that all over
24 the internet.
8 when I was on the agenda at City Hall, one was this one.
9 You never heard about any of this, folks. You never heard
10 about any of this, folks, and that's why I'm here and
17 you left broke, sick, and homeless. You looked out there.
20 (Recording paused.)
21 BY MR. MCMAHON:
23 screen?
11 there at 17 feet.
20 You know why? Because they -- they can't handle the truth.
1 would be me. What was his name? Lee Johnson. Oh, what
4 (Recording ends.)
5 BY MR. MCMAHON:
10 occurred in chambers?
14 leave and head out because the situation was going to take
17 doors?
18 A Yes.
21 A Yeah.
22 Q -- (indiscernible)?
9 O'Dea?
13 I've never been -- oh, wait. I got this from my friend, Thomas.
14 MR. DAVIS: All the way over here for this bucket.
15 MR. STULL: You know what this says? "One less bucket
16 drummer."
18 you need to go. You can -- you're more than -- you need to go.
2 the public --
12 record.
15 Mr. Stull.
10 (Recording paused.)
12 a --
13 BY MR. MCMAHON:
22 public --
9 record.
12 Mr. Stull.
25 (Recording paused.)
1 BY MR. MCMAHON:
12 him?
18 that way. Every phone can be powered off, you can take the
2 the phone.
6 need the --
8 about that.
10 BY MR. MCMAHON:
14 happened?
16 Cohen. He had been pushing him and trying to push him out
18 with Mr. Stall. And anyway, Sergeant Cohen got him down on
25 saw?
4 (indiscernible).
6 personally.
9 BY MR. MCMAHON:
15 A Yes, he was.
18 A No.
22 can remember?
25 holds on him and put leverage on him until they get his
4 A Correct.
6 that?
7 A Yes, I did.
9 A Correct.
13 CROSS-EXAMINATION
14 BY MR. STULL:
22 BY MR. STULL:
24 Involvement?
5 personally.
16 A Yes, I do.
18 A Yeah, 503-823-4000.
20 A Where?
21 Q Yeah.
7 A Correct.
10 A Yes.
14 when --
23 doesn't pertain to --
5 VOIR DIRE
6 BY MR. MCMAHON:
9 A No.
12 answer it.
14 BY MR. STULL:
24 the counter where there was you, myself, and then another
1 and that the transport would not come to pick you up.
3 A That's my recollection.
4 Q That I --
7 County --
9 though.
11 them, you just said that they wouldn't come to pick me up.
14 contact with them, so how could you rectify what you just
16 A You were --
19 Q Yes.
4 BY MR. STULL:
8 had not been met and that you were getting more and more
9 upset and they could not help you. They didn't know how to
13 this morning was that you came in there because there was
15 that you were called to respond to. So which was it, did
20 there and it was with you. I was not there regarding any
2 A I was.
6 there was no help for you and you were causing them
10 said that the -- you were at the counter and they were
11 concerned and that's why you came there. But then you also
14 were there. You had been around City Hall through that
18 a chuckle along with you. You had been around City Hall
23 been increasingly upset and the fact that they didn't seem
12 recollection.
14 BY MR. STULL:
20 be improper hearsay.
25 to him, but --
3 BY MR. STULL:
8 A No.
10 medication?
11 A No.
15 BY MR. STULL:
18 document says James Wood and the date that we're talking
19 about?
20 A Yes, it does.
25 document.
5 this document.
24 this admissible?
4 there's a consensus that I'm part of, that means that I'm
10 he said that, but don't ask him whether he said that other
1 the jury.
15 consensus.
17 MR. STULL: So --
19 done --
6 about objections.
10 that the witness just testified that his opinion was that
17 other --
22 other questions.
10 BY MR. STULL:
14 November 24th.
19 A Okay.
23 place?
25 be the time.
3 memory.
7 A Earlier, yes.
9 A Right.
14 testimony?
16 Q Yes.
24 had gone upstairs and Sergeant King was with you up there.
25 And then at that time, give or take, you know, however much
6 A 4th Avenue.
8 they have?
12 A Correct.
18 A Correct.
19 Q And how long was you -- that short while that you
23 A Correct.
1 jury decide what they heard about those affairs. But what
4 A Minutes, yeah.
6 A Correct.
15 people.
17 A No.
19 down --
23 A Right.
25 A Correct.
3 A Right.
4 Q Okay.
7 102.
9 DA.
11 Honor.
5 charges today?
21 to be in evidence.
24 4000 is the place where they answer the phone with city and
24 ride and where I was, again, told that there are no city
20 trespass order --
2 evidence --
6 because it is --
8 evidence.
11 of the record --
22 and we'll --
24 Honor. It's your call. I'm not telling you what to do,
4 BY MR. STULL:
8 A Right.
12 character evidence.
17 like.
24 BY MR. STULL:
2 that --
4 BY MR. STULL:
5 Q -- needed to be addressed?
10 factor.
17 will proceed.
19 BY MR. STULL:
23 same question.
5 BY MR. STULL:
11 A Correct.
12 Q Generally, I mean.
13 A Yes.
16 A Yes, it is.
18 clock accurate?
20 by that.
23 A oh, yeah.
25 see that clock and the time on that clock, that's pretty
6 show -- any --
10 the time.
15 BY MR. STULL:
17 tell us what time that is? If you need to, you can get up
18 and go over there. Can you see what that clock says as the
19 time?
21 or 2 --
22 Q Okay.
3 A Correct.
6 A Right.
9 A Right.
15 A Right.
19 A Yeah.
23 A I don't know.
2 A Correct.
4 3333; is that --
5 A Right.
13 up".
23 attention?
25 than that, I stand by. It's their scene from that time on.
2 non-emergency?
3 A A few minutes.
5 A No.
7 you're saying?
8 A Correct.
11 A Yes, I did.
14 A Yes, I did.
17 A Right.
20 REDIRECT EXAMINATION
21 BY MR. MCMAHON:
24 how long were you speaking with Mr. Stull when he was at
4 A Yes.
25 was (indiscernible)?
4 they designated.
16 I dismissed?
17 THE COURT: I --
18 (Witness excused.)
21 and continue.
1 (Witness summonsed.)
11 spelled C-o-h-e-n.
12 WHEREUPON,
13 MICHAEL COHEN,
15 testified as follows:
16 DIRECT EXAMINATION
17 BY MR. MCMAHON:
19 occupation?
23 Portland.
7 Q And (indiscernible)?
11 her.
21 A Yes.
5 A Yes, I did.
9 Jim and I'm not sure if the other officer there, Jason
16 (indiscernible)?
23 (indiscernible)?
6 occasions and --
8 (indiscernible).
11 occasions.
13 BY MR. MCMAHON:
18 A Yes, he did.
20 A Yes, I did.
22 A Council Chambers.
2 A Yes, I did.
5 individual?
6 A Yes, I do.
11 of the video.
19 -- is that Colleen?
22 (Recording ends.)
23 BY MR. MCMAHON:
25 you were saying. What were you talking to Mr. Stull about?
2 remind him that he had been excluded the day prior and he
8 upset.
1 paperwork.
3 9-1-1 right now. I could die from this. Are you going to
14 (Recording ends.)
15 BY MR. MCMAHON:
18 after that?
22 A It was 9-1-1.
24 response?
3 call?
5 making the call and just stood by and waited for the
6 police.
7 Q Okay. (indiscernible).
13 (Recording ends.)
14 BY MR. MCMAHON:
22 sure.
25 A Yes, I was.
8 there at 17 feet.
17 You know why? Because they -- they can't handle the truth.
23 would be me.
24 (Recording ends.)
25 BY MR. MCMAHON:
4 see myself.
10 the --
11 (Recording ends.)
12 BY MR. MCMAHON:
14 A Yes.
20 Hall?
21 A Yes.
24 A Yes.
1 A With --
4 of --
14 was just telling the sergeant and the other officer that we
21 Uh, that would be me. What was his name? Lee Johnson.
23 they couldn't seat him. And you couldn't seat them. Come
7 O'Dea?
11 I've never been -- oh, wait. I got this from my friend, Thomas.
12 MR. DAVIS: All the way over here for this bucket.
13 MR. STULL: You know what this says? "One less bucket
14 drummer."
16 you need to go. You can -- you're more than -- you need to go.
25 (Recording ends.)
1 BY MR. MCMAHON:
2 Q No, Mr. Cohen, you just made some hand gestures there.
6 his video, that the order was given from the Chamber that he
9 Mr. Davis and Mr. Stull. What was the indication of that?
11 just trying to get Mr. Davis to exit the -- you know, exit
12 Chambers.
19 SGT. COHEN: Two now. We're going to get the press out
20 now, too.
21 MR. DAVIS: No --
22 (Recording ends.)
23 BY MR. MCMAHON:
3 turned around and looked at the officer and I go, "I will
7 A Yes.
15 record.
18 Stull.
6 (Recoding ends.)
7 BY MR. MCMAHON:
10 A Yes.
11 Q And did you see what happened to Mr. Davis after he was
14 don't know.
16 with --
17 A Yes.
20 CROSS-EXAMINATION
21 BY MR. STULL:
4 City Hall.
5 BY MR. STULL:
8 A Yes.
10 BY MR. STULL:
13 A Yes.
17 MR. STULL: I --
19 going to talk about any other incidents or any other -- we're not
21 just not.
22 BY MR. STULL:
3 courtroom?
4 BY MR. STULL:
5 Q Yeah, yeah.
10 BY MR. STULL:
15 If it's on the videotape, then yes, I may have hear you say it.
18 A No.
20 A No.
25 BY MR. STULL:
3 A Yes, I do.
5 --
6 A Yes, I did.
7 Q -- of 2015?
8 A Yes, I did.
10 medical attention?
11 A No.
13 A No.
19 personnel?
21 Police Bureau.
23 time?
25 Q And what did you think, since you heard the parties
1 say, on the video, I need an ambulance, what made you think that
3 A The only thing I could see was you were arguing and
8 here?
11 don't remember.
15 BY MR. STULL:
1 A Yes, that much I did know, that you had exited the
2 building.
3 Q Okay.
5 Q And did you know that the police had been called on
9 A No.
14 Q Correct.
16 day.
21 report.
24 A Yes, I do.
1 your coworker or --
2 A Yes.
4 at work too?
5 A Yes.
8 A Yes, I did.
10 Portland Police were called on the 24th, and on the 25th you
13 one?
14 A I don't know.
15 Q Okay.
18 Q That's fine.
24 excused.
1 you.
3 (Witness excused.)
12 WHEREUPON,
13 TODD ENGSTROM,
15 testified as follows:
16 DIRECT EXAMINATION
17 BY MR. MCMAHON:
19 A Good morning.
22 A Yes.
8 area.
10 police officer?
15 through the state academy. You come back. You're out on the
16 street for a little while with a training officer and then you
19 the state is the basic academy and then we put our folks through
21 was 16 weeks and then you go back to the street, again, with a
22 training officer until they feel that you can do the job by
24 working patrol. And so I did that and then I've had various
1 Q I'm sorry, I may have missed it. How long have you
2 been (indiscernible)?
3 A Twenty-two.
4 Q Twenty-two?
5 A Twenty-two years.
21 instructor?
3 those classes. And then in the down time, between academies and
4 in-service, you're just doing research on, you know, what the
5 best practices are throughout the country and, you know, how we
13 it our levels of control. But people still had this idea that
22 out and I have to start talking to people, say, "You stand over
24 verbal control.
3 violently and kicking and fighting with us. The taser. Bean
7 law that happened, you know, 20 years ago and now we use a
11 thought process, what are your options, what option best fits
12 this scenario, and then, you know, use it, and then later
14 need to show up and first tell you not to do it, and then try my
15 pepper spray, and then try my baton, and then get my taser out,
16 and work up this later because that's just not reality. That's
19 are you looking for when you're making that evaluation of the
25 name that you recognize as someone that you've dealt with, okay,
1 now I know who I'm going to talk to. As I get out of my police
6 starts from the beginning of the call and lasts throughout the
17 A I was.
23 that call?
1 information that it was the same guy that had done it the day
2 before.
6 Q Okay.
8 worked my all the way down Third and then looped up on, what is
9 it, Columbia, and then came around and parked in front of City
13 officer. I was the one that was dispatched to the call and then
15 first one there. And at that point, when I was getting out of
16 my car, the security folks from City Hall, they met me at the
22 Q Okay.
24 was him that met me at the curb line of it was one of the other
2 happened next?
4 that I thought it was. They said yes and they kind of said he's
8 the yelling coming from city council chambers and I just kind of
17 at that point. And then I just stepped back out of city council
20 snapshot of what was going on, backed out so that I could talk
25 Q And just very general, why did you think you had to
1 call a sergeant?
14 So, first, Sergeant Axthelm arrived and then just maybe a couple
17 (indiscernible)?
20 folks from City Hall were kind of out in that atrium. They're
21 asking me, hey, when is this going to get resolved. I'm like I
2 the same spot, just inside the doors where I had stood before.
4 next to each other and I think, at that point, Mr. Stull saw us,
6 back and forth between Mr. Stull and Sergeant Axthelm at that
7 point.
13 was his name? Lee Johnson. Oh, what was his history as an
16 (Recording paused.)
17 BY MR. MCMAHON:
21 me.
24 chambers?
1 A Time or distance?
2 Q Time, yes.
14 Chief O'Dea?
18 I've never been -- oh, wait. I got this from my friend, Thomas.
19 MR. DAVIS: All the way over here for this bucket.
20 MR. STULL: You know what this says? "One less bucket
21 drummer."
1 you need to go. You can -- you're more than -- you need to go.
10 the public --
16 MR. DAVIS: No --
17 (Recording paused.)
20 coming over. And I think right here you may hear Sergeant
21 Axthelm say, you know, he's under arrest, referring to Mr. Davis
22 who's the one that's filming this -- the scene here. This is
1 his footage.
2 BY MR. MCMAHON:
3 Q All right. And did you hear anyone call Mr. Stull or
4 say Mr. Stull you're under arrest or did you say that to
5 Mr. Stull?
6 A I don't recall.
11 A Yes.
13 at this point?
17 that. I think I get caught with one glove on and then that's
21 stuff, germs.
22 Q Okay.
3 record.
6 Mr. Stull.
22 (Recording paused.)
1 BY MR. MCMAHON:
9 into custody just yet because the other two are walking away. I
10 just want him to keep his distance. I want him to calm down. I
11 keep telling him, please calm down. Please calm down. But he's
18 (Recording paused.)
19 BY MR. MCMAHON:
21 you saying something to him, but you can't really hear. Do you
2 (indiscernible)?
4 finally got outside, when I got outside with Mr. Stull, the
7 ambulance?
17 (Recording paused.)
18 BY MR. MCMAHON:
21 step-by-step.
22 A Okay.
23 Q After you had told him that the ambulance was coming,
4 grasp. And as I, you know, tried to keep him from pulling his
7 area, upper -- just above the bicep kind of where it ties into
9 like, no, I'm not going to get hit. So I go and I kind of put
11 trap that arm that he was swinging with to grab ahold of him. I
12 thought briefly about taking him down to the ground, but I got
13 this big wooden table there. That's not a good place to try to
17 changed gears and pushed him back toward the council desk there.
18 And we just kind of held him against the council desk until we
21 of (indiscernible)?
23 my mind.
24 Q Okay.
3 (Recording paused.)
4 BY MR. MCMAHON:
6 how you were handling him. What were you doing at that point?
8 hand and I'm trying to get ahold of his left hand. So I still
9 have him kind of wrapped up with that left hand, so I'm kind of
10 holding him around his upper arm area and the side of the neck,
11 kind of pinning that hand up, and he's bent over a little bit so
12 that he can't swing with that hand because I see that Officer
13 Singh has got the right and then we just work toward getting
17 A Uh-huh.
5 good example of one is right here at the base of your ear. This
15 BY MR. MCMAHON:
17 what is (indiscernible).
24 think about, hey, that hurts. I'm not thinking about punching
1 Q All right. And you also were kind of using what you
3 A Correct.
11 Q So after Mr. Stull had punched you, did you use any
15 trapped the one arm up near his head. So I was kind of going
16 around his neck and around his shoulder. I was just holding it
18 leverage to keep him from going anywhere else. And then we took
23 legal conclusion.
25 BY MR. MCMAHON:
2 bear hug, you had pushed him up against the table. What
5 and then you can see Sergeant Axthelm walking up to help control
6 the left arm. So Officer Singh had right arm, Sergeant Axthelm
7 helped control the left arm. I got the handcuffs out and I
9 Axthelm, and I don't know if you can hear it in the video, said,
13 If someone is not very flexible and can't get their arms behind
14 their back and close enough together for one set of handcuffs,
16 really pulling those arms as far behind their back and as close
18 for less pain and less discomfort during this whole process.
21 and show you what's been marked as State's Exhibit 2. Can you
23 A Yeah.
24 Q -- what's (indiscernible)?
25 A Uh-huh.
2 in this video?
4 open court.)
9 Stull?
12 in the video.
16 A Yes. Yes.
17 Q (indiscernible).
18 (Recording ends.)
24 takes a little while longer because I'm going to put two sets of
1 there. And it's my practice that, you know, we check and double
2 lock them for tightness and so that they don't get tight on them
3 and they move around or when they sit down in the car.
6 that you use, the back end of a handcuff key, the little skinny
7 knob on the handcuff key to push in that button, once you set
8 them to the proper tightness and then -- and then they won't get
10 Singh see that security is now dealing with Mr. Davis. Sergeant
11 Axthelm tells me, go ahead and take him out of here. So I start
12 to escort Mr. Stull out and he's like, no, I'm not going to help
13 you. You can't take me. I'm not going. And he just becomes
14 dead weight and flops down onto that table. So at that point, I
15 just kind of hold him there and we're waiting for more officers
17 takes them a little while to get there and, you know, downtown
18 traffic in the middle of the day or, you know, late morning.
21 saw a little bit up on the screen, but can you just describe his
2 Singh has his right hand. We hold him up against that desk.
3 Sergeant Axthelm works the left hand back behind his back. And
4 at that point, where he's bent over, he's still flexing, he's
5 still tense, he's still pulling away, but it's -- at this point,
6 it's three against one and he doesn't have a lot of choice and
7 we have the leverage of having him bent over the desk to keep
16 handcuffs on him.
21 laying on the desk. I'm not putting any pressure on him. I'm
22 just kind of holding him, you know, there on the desk so that he
1 chambers, take him out to a car." And he says okay. And so the
2 two of us get him in what we call our escort hold, so we're just
3 each kind of holding an arm that are already behind his back
5 council chambers.
14 hurts. I tell him knock that off and we continue moving forward
17 compliance or strikes?
19 kick; stop kicking. But, no, we just kept doing what we were
22 any further?
25 waiting for the elevator door to open and, again, he kicked back
5 to 10, 1 being a, you know, papercut and 10 being the worst pain
8 probably a 5 or a 6. It hurt.
9 Q Okay.
16 Number 5?
24 yes.
2 BY MR. MCMAHON:
11 showing -- you know, so they just got a back shot of how I was
13 the report writing room at Central Precinct after Mr. Stull had
17 --
23 A Yes.
24 Q All right.
7 BY MR. MCMAHON:
12 A I was, yes.
15 and (indiscernible).
19 take him down to the main floor, out toward the 4th Avenue side
21 patrol car that we put him in. So open the car door, place him
22 in, and seatbelt him, close the door. That all happened pretty
23 quickly.
6 A Okay.
10 workers and mental health workers that their job is to come help
12 have them on speed dial basically where they'll send out a pair
13 to our location and they get there sometimes pretty darn fast,
15 But they are people with special mental health training that can
16 help people in crisis. So that was, you know, one of the first
17 things that Sergeant Axthelm asked for over the radio was to
18 have Project Respond come to City Hall to see if they could help
19 us deal with Mr. Stull, with his, you know, agitation level,
20 maybe bring him down and maybe not go the route of going to
3 there?
4 A Yes.
8 injured, he's not bleeding, that he seems fine, and we had him
12 face.
15 Q Okay.
17 9.
23 BY MR. MCMAHON:
2 in the police car fairly quickly, closed the door, and then AMR
3 was parked back behind our car. And I think at that point, we
5 that he's going to go to jail based on, you know, the things
14 suspended in air that way we know where it is, and it's easy to
15 gran when we put someone in the back of the police car. So it's
17 car, you'd sit him down. The seatbelt is anchored here and then
19 attached to the cage bar. And so I would sit him in and then I
20 could reach up, take that seatbelt and then go right straight
21 down, down, toward his hip where another seatbelt clasp is, and
24 Q So just --
25 A Okay.
3 that just sort of there to hold the seatbelt so you know where
4 it is?
8 attached up and forward, it's not across their chest, it's not
14 just quickly grab it, clip it down, cinch it up, close the door.
23 around onto his back. He's kicking and he kicks off both of
25 one on his side he breaks off with his feet, but the one on the
1 other side, on the passenger's side he breaks off with his feet
4 got him down to jail, both -- both seatbelt assemblies were down
5 on the floor of the car where he had kicked them off. And I
6 could hear him kicking them and I could hear metal being struck
7 and I could hear metal hitting the floor when he was in the back
8 of the car.
10 transported Mr. Stull, were you able to see inside the back of
11 the car?
12 A After?
16 the car?
18 were broken?
1 evidence.)
2 BY MR. MCMAHON:
4 you State's Exhibit 10. Can you describe for the jury what that
5 depicts?
10 Q Okay.
12 Honor?
14 And just pass that around. When you get to the end, Mr. Gibson
17 BY MR. MCMAHON:
22 this would be the female end of the seatbelt, up onto the upper
24 Q Okay.
4 A Okay.
8 that is?
10 it's going to see the other side of the car because you can see
11 the same bolt and then that flange, but now half of the seatbelt
13 Q Okay.
15 side.
19 Exhibit 11?
20 A Correct.
21 Q Okay.
23 Honor?
25 BY MR. MCMAHON:
6 still attached to the male end and the strap and is all now
7 laying down on the floor of the police car, but you can see the
8 jagged edge where it broke off from that flange that was bolted
13 that snapped off now and then 10 and 13 are also the opposite
15 A Yes.
18 BY MR. MCMAHON:
24 the same time, he's yelling and screaming in the back of the
25 car. He's telling me that he's going to kill me. I didn't real
2 down to jail.
6 staff know and I did let them know so that the jailers can come
7 out and help me so it's not just the one-on-one thing where I'm
8 trying to get him out of the police car and get him through the
9 two secured doors that lead into the intake area of jail. So at
10 that point, the jailers from Multnomah County came down. He did
11 not resist at all when they came out to the car to take him in
20 the car, once we placed him in the car, we wanted to keep him in
21 the car. We did not feel that he had any injuries from what we,
2 A Yes.
4 jail?
10 you know, swallowed drugs and the jail staff refuses them, and
20 A No.
22 A No.
1 VOPIR DIRE
2 BY MR. STULL:
4 when the jail medical staff were making this evaluation he just
8 jail, there's these two secured glass doors, and then you walk
9 them into this main lobby area, and there's a table with four
11 into jail are on the other side, and the jailers are on that
14 then the jailers will ask for one of the nurses to come out and
15 talk to them.
25 medical staff --
5 further?
19 when he took the prisoner into custody, the medical people are
3 didn't see --
6 do.
17 ask that they strike -- that we strike his testimony saying that
2 process.
8 MR. STULL: So we'll bring the jury in. And I'm just
9 going to say --
21 MR. STULL: Until the jury comes in, I'll stand up for
22 them.
4 BY MR. MCMAHON:
8 Stull.
10 of Mr. Stull?
11 A Yes.
13 A Yes.
16 A No.
19 A No.
21 A Yes.
22 Q Did anyone at any point say that you need to take him
23 to (indiscernible)?
24 A No.
6 discuss the case. Oh, also, while you're at lunch, to keep your
7 tags on, your jury tags, so that no one says anything to you
9 folks, they will not speak to them -- to you. They're not being
10 rude. They're under Court orders not to have any contact with
11 jurors. So Mr. Gibson can help you out. Take your notes with
18 into with him. I would just ask the Court's permission that I
24 object to (indiscernible).
4 submitted to me and to -- in as --
9 discovery, I got what we've seen here as some of the stuff and
10 there's some other things that the State didn't use in its case,
11 but they were provided to me. And I didn't know that they
13 part of the record for the Defense. And then there's the whole
10 behind and we rise for the jury where I come from, so I'm still
11 going to stand.
17 BY MR. MCMAHON:
19 ahead and show you what's been marked as State's Exhibit 14. Do
21 A I do.
1 incident.
7 A Okay.
20 BY MR. MCMAHON:
1 that I had seen it over the weekend, took the picture when I got
4 A Yes. Correct.
7 A Yes, I do.
8 Q Okay.
22 admission or no?
1 THE COURT: Okay. Well, then I'll take the jury out.
5 file. This is the first time I'm hearing of it, so bear with me
7 (Pause.)
9 report in my file, Your Honor. I'm not sure what the issue is.
7 an issue of this case. The other one was the fact that an
8 officer said that they went with an exclusion order to the jail
12 indicate and talk about, you know, that he did have those -- he
13 saw the injury two days after the incident, noticed a scrape
14 and bruise, and then had the photographs taken. The State
18 -- I think this report was filed December 3rd, and I think the
19 other two reports were filed, one was on December 11th, one was
2 don't -- I believe Mr. Stull and Mr. Kelley are going to move
4 given the contents of the report and the fact that it refers
19 injury to the upper arm. And here I'm finding out now, without
25 violation.
4 about bruising.
15 that they could see what that photograph portrayed because I'm
16 a lot closer than the jury and I couldn't see it. I saw it was
18 it --
3 time.
5 centered --
6 THE COURT: So --
12 it --
22 moving for a mistrial. If that's not what the Court feels, and
24 testimony about this upper arm bruising just stricken from the
25 record.
1 back then.
9 that subpoena.
12 subpoena.
6 And I think I'd just also add in there, I'm not sure
10 then it's not valid. So, yeah, there's no question about that.
11 MR. GARCIA: So --
25 you how this happened, and I just didn't walk over to City Hall
4 about, November 25th, that was on November 16th. And that was
15 did that on February 10th, the first day I got out of custody
9 different thing.
3 people I'm trying to subpoena. And that could not be the best
6 at --
18 fact that you can't contact them doesn't mean you couldn't
19 serve.
25 fact witness, then we'll put him under oath and he can testify.
3 blocks away, for Mr. Kelley to simply walk over there with a
11 Mr. Johnson could walk over there with a subpoena right now and
12 find Carla.
18 subpoena. But --
1 this case.
7 issue.
10 November 16th and signed up for these two items, right -- this
21 that I was on the agenda, and the only evidence that we have is
24 says I'm signed up for this. We don't have the agenda from
1 specific agenda item on this specific day from the person whose
3 say, so that I don't look like a person who came in off of the
5 space, and I knew that that's what my plan was. And all this
7 through all that. And we're going to find out that there are
10 But --
23 and affording --
6 a resolution.
5 relevance.
17 can hear as part of this -- this video, and you can have me --
23 relevant to whether you did or did not resist arrest. And it's
1 ruling.
11 choice of evils. Those are all -- those are all based on what
22 for?
24 the topic. I'm still of the opinion that the topic that you
2 jury has certain things to determine here, and the -- the topic
18 so --
24 the stipulation.
11 step down because we've not had any new testimony then that
21 noon break.
9 CROSS-EXAMINATION
10 BY MR. STULL:
12 contacts?
13 A No.
15 A Yep.
17 A Yes.
19 A Yes.
21 A Yes.
24 that today.
25 A Yes.
2 A Yes.
6 A Yes.
10 experience.
11 BY MR. STULL:
13 blow at a person?
14 A Not necessarily.
18 BY MR. STULL:
23 punch --
24 Q No, I'm not saying what you were taught. I'm just
9 -- to be struck?
10 A Yes.
15 A Sure.
17 A Sure.
22 A Potentially, yes.
25 A I don't know.
1 Q Could it?
4 seen it happen.
6 have you ever trained any of the people that you've trained --
9 A Yes.
18 Yes.
23 got outside, so I'm assuming, yes, one was requested for you.
24 Q For me?
25 A Yes.
2 noticed?
3 A No.
6 requested one for you. But after that, you started fighting
7 with us and you were arrested, and then you were going to be
9 Q And why -- when you were there with Officer Singh and
10 Sergeant Price --
11 A Yes.
13 there?
15 -
21 toward us, as I was walking you toward the police car, and we
22 decided at that point to put you straight in the police car and
3 (Pause.)
9 A Uh-huh.
11 A You -- I think we --
12 Q Well, then --
15 allowed to answer.
19 BY MR. STULL:
23 deal with Mr. Davis. You came towards me as I was stepping up.
1 towards you?
2 A Correct.
8 A Yes.
10 A Yes.
16 that, right?
17 A We did.
19 A Yes.
24 he is the supervisor on the scene, but we can all make our own
1 was stepping up to talk to you, and you engaged me. You didn't
3 forward to me.
11 A -- we stepped --
13 A -- we stepped together.
19 improper.
5 BY MR. STULL:
7 A Yes.
12 now.
13 BY MR. STULL:
16 A No.
18 A Yes.
20 people?
3 MR. MCMAHON: Your Honor, I'm not sure that sure that
8 the end.
10 BY MR. STULL:
12 Sergeant Axthelm, who went to address not me, had I turned and
16 A Correct.
19 and as you grabbed my hand, why did you tell me that after I
22 BY MR. STULL:
13 BY MR. STULL:
15 A What's --
17 question about what was said, not assuming that and then asking
18 him why.
19 BY MR. STULL:
23 had your arm on my arm and were putting on your gloves and have
25 A No.
3 Q Just --
5 is it okay if Mr. Kelley operates that for me, cue up the point
6 or --
16 Mr. Stull?
21 video from up here. Are you referring to this video, the first
22 video?
25 the one with the audio and the video at the same time. And,
1 Mr. McMahon, it's fine for Mr. Kelley to operate this, if you
2 two can --
4 it for him?
8 I was just trying to get to the part that I want to ask this
17 that, rather.
22 MR. STULL: You know what this says? "One less bucket
23 drummer."
25 you need to go. You can -- you're more than -- you need to go.
9 the public --
17 (Recording paused.)
18 BY MR. STULL:
21 A Yes.
23 Sergeant Axthelm?
24 A Yes.
1 A Yes.
4 A Yes.
14 record.
20 (Recording paused.)
21 BY MR. STULL:
23 myself, and that's his hand, and that's the distance we have
24 there.
1 this is the one view. And we'll see this on the other view.
2 But this -- within, I think, a few seconds we'll see his hand
3 on my chest.
12 (Recording paused.)
13 BY MR. STULL:
25 MR. DAVIS: -- as a --
8 record.
11 Mr. Stull.
21 (Recording paused.)
22 BY MR. STULL:
24 could hear form Sergeant Axthelm was, "Sit down, Mr. Stull." And
2 quickly to me.
3 Q This is -- this is --
6 fast.
7 Q I --
12 BY MR. STULL:
20 continued.)
25 continued.)
1 BY MR. STULL:
8 BY MR. STULL:
9 Q Am I arrest --
10 (Recording paused.)
11 BY MR. STULL:
14 mind, we were just trying to have you leave and leave the council
18 was --
19 A I think it --
2 own protection.
5 A Yes.
7 de-escalation?
11 ambulance?"
14 A I don't know.
17 City of Portland.
20 A Uh-huh.
22 A A little bit.
24 A No.
2 Q Never?
3 A No.
6 the 10:00 hour, between 9:25 and leaving the building and going
7 into your police car, you never heard central pain syndrome?
9 register.
12 answered.
17 BY MR. STULL:
22 for damaging the patrol car, for dis -- well, disorderly conduct
23 and for the criminal mischief for damaging the police car. Those
25 BY MR. STULL:
5 arrest booking --
6 A Uh-huh.
7 Q And about two-thirds of the way down the page, can you
16 officer?
17 A Yes.
19 A Me.
21 correct?
22 A Correct.
6 BY MR. STULL:
9 injury?
13 expert witness, so --
16 him about --
19 BY MR. STULL:
21 A Yes.
23 witness.
3 to --
10 (Defendant/clerk discussions.)
15 103.
22 but I'm --
4 I knew I had to --
7 BY MR. STULL:
9 first. All right. There you are, sir. Can you identify that?
13 A Yes.
15 A Yes.
16 Q Okay.
19 THE COURT: Okay. Very well. The jury will step out.
7 your cross, that opens the door and it will all come in. You
14 about?
22 injured --
25 not --
3 discovery.
5 injured.
13 you're --
5 THE COURT: You can -- you can bring that out. But do
6 know that by doing so, you then allowed the State on redirect to
7 ask him why he now says yes and to develop why he now says yes.
25 Oregon --
12 that says the opposite thing then what he just testified in front
22 CROSS-EXAMINATION (CONTINUED)
23 BY MR. STULL:
25 25th, 2015?
1 A Yes.
3 injuries to yourself?
8 Q That's --
17 typographical error?
24 had that form for a long time. We've had that form for probably
25 15 years.
5 admissible.
11 jury.
16 record.
18 record.
1 BY MR. STULL:
3 A The --
10 But --
18 BY MR. STULL:
19 Q Officer Engstrom --
20 A Yes, sir.
24 Justice?
1 that this form has been around for 15 years because I created
2 this form.
8 Q Recently?
14 yes.
15 Q All right.
19 BY MR. STULL:
5 commentary.
7 appropriate remark and it's not -- and I will order that the jury
1 BY MR. STULL:
5 BY MR. STULL:
7 also testified about the use of pain compliance holds. And the
8 first one you mentioned was a wrist lock. And you demonstrated
9 how that involves bending the person's wrist. How long are you
13 toward?
24 what are you allowed to use a pain compliance hold to get the
8 Q Sergeant Axthelm?
12 A To the car?
14 that room to the elevator, which we heard, from the elevator out
18 A Okay.
25 could you have used a pain compliance hold through that whole way
4 "Mr. Stull, sit down," and you stepping up, were you the
10 you're saying now that you were bruised. Were you wearing a
11 ballistic vest?
12 A Yes.
14 A Yes.
22 A Correct.
24 A No.
5 BY MR. STULL:
7 A Yes.
9 A Yes.
11 wear it?
14 Just the general part of you in front of your body between your
17 Q Yes, but I'm saying -- well, you don't turn your back,
18 you said, because you wouldn't turn your back to me, you didn't.
20 was, most apparently, the bullet proof vest, and the less
23 nose and your mouth; that was not protected by any sort of shield
4 A No.
7 A No.
11 don't mind, sir, what word would you use to describe the event of
13 and you on my right side, what would you call that getting us all
15 A An escort.
19 taking?
20 A Prisoner.
21 Q Prisoner.
22 A Custody.
24 prisoner?
25 A Yes.
2 this case, this Defendant, and we're talking about November 25th,
4 City Hall now, you were on the right side; isn't that correct?
9 Q Well --
14 A Uh-huh.
16 A Correct.
18 A No.
20 A No. You were yelling, but you were not crying out in
21 pain.
1 Q We settled that.
2 A Yes.
4 said you didn't hear that. And you didn't hear anything that was
5 heading -- were -- is there any point where you felt that I was
7 A No.
9 A No.
11 A No.
15 BY MR. STULL:
17 didn't --
22 BY MR. STULL:
5 more and put it more into our lesson plans and our teaching and
7 Police Bureau.
10 question.
14 BY MR. STULL:
16 Graham standard?
19 can pull it off the top of my head very well without refreshing
20 my memory. But a lot of it has to deal with the time and tactics
24 You have to take everything into consideration before you opt for
1 mechanical device like we had before, where you had this stair
4 Well, that's -- that's not the case anymore. We're not being
10 A Correct.
18 A Yes.
22 consideration. Yes.
25 you have prior knowledge that the suspect or the person that
7 conditions that don't involve the blood and other things you
13 A I've never -- I've never read about it, I've never been
15 Q So --
22 have?
23 A Yes.
5 A So --
8 that's one.
14 been an incident the day before at City Hall in which you were
15 involved, and I think you were asked to leave and left. So I had
16 some knowledge about that. I did not respond to that call the
17 day before, but I work downtown. I work around the other officer
20 this one, and -- and I think I even said over the radio that I
21 thought it was going to be you because you had been there the day
22 before, and had been trespassed from City Hall the day before.
2 Q Okay.
10 to what he heard --
14 question.
19 BY MR. STULL:
21 with dispatch?
22 A Yes.
23 Q Could you tell us what number you use and what that all
24 means, please?
5 because I was coming from 3rd and Burnside, and 822 is the Old
6 Town car and 821 is the Pearl district car. 831 is around Voodoo
9 -- digit numbers, and the 8 means that you are west of the river.
11 the district, and then the last digit refers to what shift you
14 and 5s. Nightshifts are 6s and 7s. So it's just how you know.
15 Like when you hear somebody say their number, you know what
16 precinct they are, what district they work, and what shift they
19 communications --
22 to refresh.
2 THE COURT: You let the witness identify it. You don't
7 BY MR. STULL:
10 to him --
17 BY MR. STULL:
19 please?
20 A This --
24 the call came in, where it was, information in the call, and then
25 all the officers assigned to the call, the call taker, the
7 inside city council holding up the meeting, asking for one more
12 9:38 in the morning. 850, so that's me. And then I -- and she's
16 Asking for one more car and a supervisor. Barry Stull, and is
17 fired up today." And I did say that. I said it was Barry Stull
24 precinct for a long time, and all your interactions with City
25 Hall and around City Hall, you're known around central precinct.
6 we've already talked about, we're not going to do. We're not
9 BY MR. STULL:
12 health matter?
14 dispatched to the call. I did not code the call. I did not
15 create the call. Dispatch, the call taker, created this call.
17 Q Okay.
18 A They get a call taker. They set the call up. They
19 create the type of call. They put the information in. It goes
20 from the call taker over to the dispatcher, who then calls us.
21 Q Okay.
23 Q All right.
1 yours?
6 A No.
8 A No.
10 A No.
18 Q Did the car you chose out of your options that day have
19 recording?
20 A No.
23 A I do not recall.
1 Q Did you --
2 A We --
4 A No.
5 Q Why not?
7 recording devices on me, and we don't carry body cams. It's not
11 at central precinct.
13 A Yes, I have.
15 A Not that day, because now we have the SUVs and they're
16 much more comfortable. And I take an SUV every day because I'm a
17 bigger guy.
25 commentary.
3 BY MR. STULL:
5 that I --
7 BY MR. STULL:
17 BY MR. STULL:
20 A No.
1 A Correct.
3 it today.
4 A We did.
12 Nissan Versas, and when we call for them they come as fast as
13 they can, because they -- they want to help, and we want them
14 there. Because they are better equipped to deal with folks, you
22 up. And at that point I said, I told them, I was the one that
23 talked to them and said, "No, you know, he's gone beyond, you
1 So --
2 Q If I --
5 A I did.
7 your testimony today so the jury can have the accurate depiction
9 ride from City Hall was three blocks to 3rd Avenue. I believe
18 turned east on Madison, went two blocks, and then went another
21 BY MR. STULL:
23 A It is on 2nd Avenue.
25 Avenue.
1 A Oh.
5 A Oh, I stand corrected, yes. No, they did not meet you
6 at the jail.
9 misspoke. When I read it, I read it too quickly, I saw the jail
10 part. Now, they were there at City Hall, but we told them that
11 they didn't -- that you didn't need their services today and you
16 Southwest 4th Avenue, City Hall, by the time they arrived there,
18 A Correct.
20 A Uh-huh.
24 Your call would say. You have the call in front of you. It says
1 Q Okay. I'm --
2 (Pause.)
5 that form?
7 Q Okay.
12 produces their own call too. They're not all combined police
16 morning?
19 (Pause.)
21 let me go?
24 to put that second glove on, and you still had your bucket in
25 your right hand. So I reached down and grabbed your left hand.
1 And you can't see it very well in the video, but I took the
2 bucket out of your hand and set it up on the table and then
3 security from the -- from city council took the bucket and sat
9 at all.
13 the environment in the hallways and down to the elevator and out
14 to the car, how many people there might have been, we went
20 A Yes.
22 did you say, "And now we're going to turn left," to the prisoner
3 building?
6 You just simply needed to follow our lead and we were going to
11 don't know.
17 the building.
20 another, do not run, do not skip, any commands you can remember
21 at all.
3 to go out that door and to the elevator, and down the elevator
6 plural?
9 Q And did you tell me how you were going to get me down?
11 commands or not.
13 A Possibly, yes.
17 scene was Sergeant Axthelm, but he was not with us at that time.
25 tight?
1 A No.
3 being twisted?
4 A No.
7 A Correct.
9 A Yes.
13 A Yes.
14 Q Was I in handcuffs?
15 A Yes.
18 seat and kicked your feet up and were kicking the windows, and
19 the bars, and the divider between the front and the back of the
20 police car, and then you found a weak spot of the seatbelt
21 buckles and you continued to kick them until you broke both of
22 them.
23 Q A lot of kicking?
24 A Yes.
25 Q Hard kicking?
1 A Yes.
3 A Yes.
5 hard?
6 A Yes.
7 Q When you said earlier a mule kick, did that break your
8 skin?
11 A Nope.
22 BY MR. STULL:
24 We've established that. And then Sergeant Price and you -- and
25 I'm just making sure, was Sergeant Price -- because you said
6 jobs that need to be done. They'll divide up the work and share
7 that work. Sergeant Price was one of the first ones to arrive
9 from me?" And I said we need to get you out of the courtroom
18 Q Okay.
20 Q Okay.
23 the door. I didn't see who they were or how and what order they
24 came in. I was holding you on the table that you flopped down
25 on and just waiting for somebody to come help. And then all of
5 call.
7 up there?
9 Q I'm sorry. Thank you. Would this help you, the BOAC?
10 A Uh-huh.
12 A Sure.
20 on my computer.
22 Officer Singh?
1 after you punched me, but realized the table was there and chose
2 not to do it. I thought about it, but I did not attempt it,
4 Q Did you --
5 A I chose not to --
6 Q Did you --
8 Taking you down to the ground could have hurt you, could have
9 hurt me. The table was in the way, a big solid wood table. I
15 arm.
20 Q No, before --
23 A I'm confused.
1 A That's --
3 A Correct.
5 point where I'm bent over there, but I'm saying before that,
15 desk, and that's when Officer Singh joined in, as we were moving
19 A Probably, yeah.
21 A 240 pounds.
23 A Uh-huh.
1 A I'm not sure what Officer Singh was doing, but I did
5 A Prior?
8 your feet.
13 that day?
14 A Yes.
15 Q How strong?
24 right?
25 A Yes.
3 A Yes.
5 A Yes.
6 Q -- in a situation?
7 A Uh-huh.
10 BY MR. STULL:
16 break.
1 jury, that we were going to get this done in maybe three or four
3 something that's a concern that I hope that you folks will all
9 here.
12 this case.
2 now.
6 this if we're both saying the same thing and we're both in
15 adrenaline junkie, and they go, oh, what do they do? They
16 bungee cord off a bridge. They go, oh, that's because they're
3 can identify it --
9 the --
11 You just test -- you go over the subject matter of the direct --
15 issues.
19 case.
1 it's not about what resistance or any of that. It's just the
5 surges.
18 question.
5 wanted to make sure that that was basically the end of the line
6 of questioning --
17 MR. MCMAHON: Yes, Your Honor. And the State just has
18 one quick matter. The State has one quick matter. Since Mr.
19 Stull has opened the door, I just ask that the jury be
24 give --
5 redirect.
12 BY MR. STULL:
14 any kind, you have to have probable cause that the victim was
15 injured, right?
17 question.
25 REDIRECT EXAMINATION
1 BY MR. MCMAHON:
8 of Mr. Stull?
9 A Yes.
17 lightweight jacket that we wear, and I had my vest on, and just
22 many. I know that picture was taken exactly one week after the
23 injury.
25 A Yes, it is faded.
2 arrest?
5 you know, and take my coat and vest off to see it, so --
7 (indiscernible) on --
14 A Correct.
15 Q And the next thing I want to talk about was the pain
17 transporting him from the City Hall down to the car, correct?
18 A Correct.
24 it's in that position where you can apply pressure if you need
25 to, but not necessarily. You only do it when you need it. When
5 applied it again, stop kicking me, and then released it. But I
6 did not hold it the entire time, escorting him from the council
13 was showing against the three of you, was he trying to get out
14 of your custody?
17 Q Thank you.
20 (Witness excused.)
8 into evidence.)
10 he'll --
13 (Witness summoned.)
22 WHEREUPON,
23 ROGER AXTHELM,
25 testified as follows:
1 DIRECT EXAMINATION
2 BY MR. MCMAHON:
4 A Good afternoon.
8 A Twenty-two years.
10 police?
11 A Eleven or 12 I think.
13 A Eleven or 12 I think.
16 type training, also videos that come out, state academy, our
20 training that you go through. And then you also have advanced
14 or off medication?
22 his meds. Have Project Respond come to location. And that was
2 name Barry Stull, but I didn't know him, but probably briefed by
7 somebody on scene.
24 A Uh-huh.
4 to that incident?
8 the community who get services from them. So they can look in
10 with these people and their -- and have a little bit better
13 Q Okay. And I guess that was the next question I'd ask.
14 Like are you wearing the same uniform that you've got on today?
15 A Yes.
19 first come in. I parked on what would be 3rd and got a little
20 brief from security down there, and then walked -- or took the
24 Engstrom?
1 he knew that -- knew Mr. Stull and had contact with him
5 And they said we just want him to leave. They didn't want him
7 other issues. But they said we just really want him to leave.
14 Q Yes.
16 I came in on the south side and just kind of worked my way where
18 just to see what he was doing, to get a lay of what was going on
20 were for a little bit, just watching and seeing what was going
21 on.
23 ambulance?
24 A Yes.
3 video.
6 follows:)
10 (Recording paused.)
11 BY MR. MCMAHON:
17 here.
25 Uh, that would be me. What was his name? Lee Johnson.
2 they couldn't seat him. And you couldn't seat them. Come
8 (Recording paused.)
9 BY MR. MCMAHON:
11 custody?
12 A No.
15 escort him out, walk him out, get him out there. We had an
21 O'Dea?
23 (Recording paused.)
24 BY MR. MCMAHON:
2 saying?
6 building too.
10 I've never been -- oh, wait. I got this from my friend, Thomas.
11 MR. DAVIS: All the way over here for this bucket.
12 MR. STULL: You know what this says? "One less bucket
13 drummer."
15 you need to go. You can -- you're more than -- you need to go.
24 the public --
9 record.
12 Mr. Stull.
15 (Recording paused.)
16 BY MR. MCMAHON:
20 mean, with the ambulance. And then I stepped out from where I
21 was. The main reason was there was still people that were
22 lingering. And then he went back for that bucket and stuff. I
23 didn't know what was in the bucket. People were leaving either.
3 him too, and has known him from previous -- and she had
5 security guard, Mr. Cohen, who you had in here previously, was
24 (Recording paused.)
25 BY MR. MCMAHON:
3 point?
6 was filming it. And my hope, at this point, was possibly if Mr.
7 Davis could leave, that that would get his audience to leave
8 too, i.e. one, the camera; and secondly, the other people who
9 were there.
17 to --
21 (Recording paused.)
22 BY MR. MCMAHON:
11 (Recording paused.)
12 BY MR. MCMAHON:
14 we see you talking into your mic at that point. What are you
15 doing?
17 with me. But I visually saw him peel off, which, at that point,
22 was --
2 Q All right. And I guess were you the person that sort
4 A Yes. Yes.
11 BY MR. MCMAHON:
16 Q When you say that's Mr. Davis, can you identify what
17 he's wearing?
20 other video?
21 A Right. Right.
23 screen?
1 you placed your hand on Mr. Stull. Why did you do that?
12 then I went and grabbed onto his left arm, to hold his left arm,
18 very tight space in here with very hard sharp objects around
20 And this is Mr. Davis over here that was taken to the ground by
21 security.
1 Gives you more room. For people who are tight shouldered or big
3 (indiscernible).
7 struggle going on with Mr. Davis. And I was watching that the
9 could take him for trespass II. He was struggling a little bit
13 up on the table. And then we rolled him over and placed him in
14 handcuffs.
17 resistance were you getting when you were trying to put gloves
18 on?
1 would have if he could have, but that's why we boxed him in.
3 you.
6 Exhibit 2.
11 (Recording paused.)
12 BY MR. MCMAHON:
14 recording.
19 ability as follows.)
22 You know what my job is? My job is to be the way that I get my
1 (Recording paused.)
2 BY MR. MCMAHON:
4 that audio?
14 there at 17 feet.
23 You know why? Because they -- they can't handle the truth.
4 would be me. What was his name? Lee Johnson. Oh, what
7 (Recording paused.)
8 BY MR. MCMAHON:
21 A Okay.
25 ambulance.
7 O'Dea?
10 (Recording paused.)
12 BY MR. MCMAHON:
19 MR.
20 STULL: Oh, wait. Oh, there's Thomas' guitar. I've never been -
22 MR. DAVIS: All the way over here for this bucket.
23 MR. STULL: You know what this says? "One less bucket
24 drummer."
25 (Recording paused.)
2 think I'd seen this, but what's in the bucket, you know. And he
5 MR.
16 the public --
1 record.
4 Mr. Stull.
5 (Recording paused.)
6 BY MR. MCMAHON:
7 Q The voice saying sit down to Mr. Stull, was that you?
8 A That was me. Yeah. Yeah. I think what you got there
12 pushed him back. I said sit down. And then the other voice you
13 hear is Mr. Davis still, who was kind of still going, trying to
10 (Recording paused.)
11 BY MR. MCMAHON:
13 A Yeah.
14 Q -- at that point?
17 right in that same one, Mr. Stull was saying hey, just leave,
19 wasn't going.
21
5 (Recording paused.)
6 BY MR. MCMAHON:
25 (Recording ends.)
1 BY MR. MCMAHON:
4 (indiscernible)?
10 (Recording ends.)
11 BY MR. MCMAHON:
18 (Recording paused.)
19 BY MR. MCMAHON:
3 (indiscernible)
8 guard.
12 shit.
14 (Recording paused.)
15 BY MR. MCMAHON:
20 it clear enough.
25 guard.
4 shit.
5 (Recording paused.)
6 BY MR. MCMAHON:
16 (indiscernible).
21 (Recording paused.)
22 BY MR. MCMAHON:
25 A No. Again, I've only heard Mr. Stull the short time
2 (indiscernible).
15 (Recording paused.)
16 BY MR. MCMAHON:
17 Q Okay. Pardon?
4 syndrome.
6 should (indiscernible).
10 (Recording paused.)
11 BY MR. MCMAHON:
12 Q Okay.
13 A -- when we're --
15 Davis?
20 self-protection.
22 not --
4 (Recording paused.)
6 BY MR. MCMAHON:
9 why you don't hear the Davis as clear is because we move the
12 with the camera is, which is getting the mic where Mr. Stull is
13 too.
16 your pocket.
18 (indiscernible).
22 you.
25 (Recording paused.)
1 BY MR. MCMAHON:
3 resisting, that's --
5 Q -- Mr. Stull?
13 (Recording paused.)
14 BY MR. MCMAHON:
16 in handcuffs?
22 where the footage was, you know, where you watch. And they move
25 right beside the big will call it the witness table at City
1 Council City.
10 is.
13 there.
15 -
24 it.
2 you.
9 (indiscernible).
13 (Recording paused.)
22 And then we were going to deal with Mr. Davis and get him taken
1 BY MR. MCMAHON:
6 ground, both Officer Singh and I. And then we took him out the
7 north side of the chambers into an elevator and down and out.
12 to (indiscernible).
15 (indiscernible).
17 (indiscernible).
23 there.
1 (indiscernible).
7 (Recording paused.)
9 to play, but I think we're getting too close to the end of the
10 day.
12 video?
14 the disc. I have to run up and grab it and bring it back down.
25 see to the jury room, and you'll leave your notebooks there.
1 Remember not to discuss the case either with your other jurors
7 Mr. Gibson.
15 put the wrong disc in the sleeve marked State's Exhibit Number
17 put the correct disc in, and bring it back down in the morning
18 if that's okay.
4 what happened.
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25 ///
1 CERTIFICATE OF TRANSCRIBER
9 _____________________
13 Salem, OR 97302
14 970.405.3643
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25
STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 24 of 29
) Pages 787 - 1077
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
401 Hearing:
(None.)
EXHIBIT INDEX
Offered Received
(None offered.)
(None offered.)
JOINT:
2 -O0O-
7 McMahon for the State. Again, we are here on day three of the
9 proceed.
14 speaking with Mr. Stull, Mr. Stull wants his testimony because
17 excluded. And so, I'd just like to have the 104 hearing, so we
19 that's necessary.
24 relevant. Okay.
10 matters, I believe, when Mr. Stull was kicked on the bus and
19 matters, let's just call it that, the prior hearings and all
22 that's what the -- that's what our role is here, is to not come
15 excuse me. And then on Wednesday, this day we're talking about
22 trial.
3 The other was a gal on the number 20 bus, after I got on it,
11 excuse me. I'm just looking for the words here. My legal
18 people and a number of guns could have gone off. And they
23 that matter.
3 deputies coming out all at once, not knowing the full picture
4 of the story. And I was able to say first thing is I'm going
6 woman. And we negotiated the thing. And I went out the door,
8 And she's --
12 the number 20 bus at 5th and Burnside as I was about to get off
13 prior --
24 is going to say that will have any impact on whether you were
8 car.
11 really focused on --
18 put something in --
1 different.
4 anything to contribute.
7 a previous occasion --
11 THE COURT: -- as to --
9 that.
15 of conditions that got worse and worse and worse to the point
24 sickened me even worse and worse and worse and worse and worse.
25 And then I was physical -- they used pain compliance holds and
795
4 more --
10 you on is --
16 present --
21 another act. And under our rules of evidence, other acts are
3 the testimony.
11 I'm sorry to take up so much time with this. I've been working
22
23
24
25 ///
797
1 WHEREUPON,
2 WEST HELFRICH,
4 testified as follows:
5 THE CLERK: Would you state your name and spell it?
7 spelled H-e-l-f-r-i-c-h.
8 DIRECT EXAMINATION
9 BY MR. MCMAHON:
11 A Portland.
16 was.
18 before Thanksgiving?
6 A I don't, no.
10 was --
23 need a break. And this was one that I just needed that much
24 space.
2 interrupt.
7 we'd be talking about City Hall, and that's not the -- has
11 questions --
17 all.
19 MR. MCMAHON: Do --
1 BY MR. MCMAHON:
4 A No.
7 A I'm sorry?
11 Q Thank you.
14 questions?
17 the --
20 CROSS-EXAMINATION
21 BY MR. STULL:
3 A I would --
5 that correct?
11 TriMet itself about that date. And I will be happy to use that
13 could just hand these to counsel here. And I believe it's that
14 one there.
16 memory.
18 welcome to.
21 refresh.
23 to him and that kind of stuff. I just got here, and I've been
1 wasn't.
9 (Counsel confer.)
12 for another two minutes, I'll be doing well. I'll drink this
20 (Pause)
23 questions.
25 ///
803
1 BY MR. STULL:
3 A Yes.
6 A Yes.
8 assigned to transit?
10 transit, is no longer.
17 He's testifying.
19 BY MR. STULL:
21 identity where we've just got the wrong -- got you two or three
22 mixed up? Because I know there's more than one Stull, sir. So
23 are you sure that you would have been -- the November 24, 2015
3 that time.
5 BY MR. STULL:
6 Q In November 2015?
7 A Correct.
9 said that it's -- are you -- almost a year ago and you have a
14 all the Portland officers that were assigned. I was the only
19 officers. You were one of them. The incident was at 5th and
24 A Of course, not.
4 I was not told any information. I have no idea why I was here.
5 So --
9 mind my asking?
10 A Probably at my office.
14 A Yes.
16 1st, get your notebook, and then come back here sometime today?
23 why I wanted to know that this officer was the officer on that
19 any bearing?
22 ended up with the three events. And I think I've told them
24 the bus. I had this event at the Justice Center. And then --
25 and they're all part of the video. We know that from Mr. Davis
807
4 want to know why, I'll tell you that, too. There has -- I'm
7 my arrest.
13 for the response to the three 9-1-1 calls that I was told was
17 Street. And I got off that bus at 5th and West Burnside. And
18 as the moments -- I believe the bus was even stopped at 5th and
21 She kicked me. She tried to pull a bulletin board I had. "I'm
22 taking this from you." And she took it for me, and she kicked
24 the audio if they'd had the audio. But it was on the bus. It
3 It was not me walking out my door and going down to the MAX
5 the event that the Justice Center that Mr. Wood testified we
19 why I was there and that's what I was doing. And then I was
21 come back.
2 was more like 2:30 that 38 degree night. I got home at 5 a.m.
8 call and said he was the third. Who knows who else drove by
9 and called. And because the guy was pressing his car bump up
11 the bus. The bus driver wouldn't quell the behavior of this
12 woman. When I got to get off the bus, she attacked me. And
21 got the jury. Nothing has sickened me. What sickened me, Your
23 City Hall that day, which could do nothing but confuse him. So
7 didn't know. I don't know if he's even the right guy. TriMet
9 involved.
16 Hall.
21 deputy was part of. And I know what time it is. I've got that
22 paperwork here.
24 5th and Burnside, me at the Justice Center, and after all that,
3 confusing. It's in the City Hall building, but it's the source
23 kind of like having a hall pass to go down to the hall that you
17 actually been the officer that was on that bus, and had that
21 still be excluded?
1 these agencies.
20 can discuss that I think at a little bit later date, so we're not
23 to give the Court and Mr. Stull notice. I'm going to have --
15 for what should have been State's Exhibit 2. I can play that
16 for Mr. Stull in the court and just confirm that that is the
21 provided the disc as discovery. And there are two of them. And
24 are on the same two discs I have. And what I did is I made cards
1 number and letter sequence. There's nothing that says that this
2 file is the audio version of the -- Mr. Davis' video, this file
3 is the City Council security video that doesn't have sound, this
13 Like this one, I know what that is. For me, that's the short
15 another one that has a time code that cuts off and then this
4 MR. MCMAHON: I can tell you that right now, Mr. Stull,
17 both of those, and that won't delay me in any way, Your Honor,
20 written on what's -- was the file as the City Council Hall desk
2 timestamp on it.
5 it down.
10 down.
16 testimony.
21 that are basically the same period of time. It's the same --
25 Exhibit 4.
819
6 photographs and --
8 all photographs.
10 proceed with the jury out if everybody else is. I don't want
11 to delay further.
24 permission.
3 Honor.
8 WHEREUPON,
9 ROGER AXTHELM,
11 testified as follows:
15 is in my pocket.
20 corner.
2 (Jury enters.)
4 us. We had some things we had to talk about first. And we're
6 DIRECT EXAMINATION
7 BY MR. MCMAHON:
9 A Good morning.
19 now.
21 BY MR. MCMAHON:
23 you want to describe or -- you know, please speak up, and I'll
1 one side, and he's starting to work to get a wrist lock on the
3 (Video continues.)
12 (indiscernible)
15 (Video ends.)
21 (Video continues.)
2 shit.
4 (Audio ends.)
6 yet. But Mr. Davis is right down here. This is where he was
8 (Video continues.)
15 (Video ends.)
16 BY MR. MCMAHON:
18 taking both Mr. Davis and Mr. Stull to the Multnomah County
19 Detention Center?
21 car. And then they were escorted over to the jail. And I
7 there.
9 those witnesses?
12 Davis, and also statements they had prior to that about what
13 took place.
14 Q And when you were finished with this, did you write a
19 A Yes.
23 whole plan was just to get him to leave the courtroom and leave
3 to a different level.
4 Q Thank you.
22 (Pause)
1 CROSS-EXAMINATION
2 BY MR. STULL:
4 A Good morning.
6 A Yes.
8 A No.
10 photograph?
19 A Yes.
21 photograph?
24 sleeves. No.
25 Q How many letters of his name can you read from that
827
9 BY MR. STULL:
12 Engstrom?
13 Q Yes.
18 A Okay.
1 A I am, yes.
5 Q (Indiscernible).
7 And, Mr. Gibson, thank you for that. And that was
8 Exhibit 5?
14 BY MR. STULL:
22 no.
7 BY MR. STUFF:
10 And so --
17 (Jury exits.)
18 (Counsel confer.)
2 policy here?
7 that.
14 credibility.
2 it could be read --
17 was testifying and the fellow in the videos and the fellow in
18 the photograph are the same fellow. And he was out of uniform.
8 tasers, the repeated cycles on the same person with tasers, and
9 two people using a taser at that same time. And so, for
13 are, part of what I want is to use this taser. And I'm going
15 Barry Joe Stull has a beard I can grab, when I get to tussle
16 with him, he's not going to win, because, look at me, I've been
21 wearing glasses.
20 because you can't have the nametag and then put your jacket
22 display. You can't display your license plate in your car and
23 have it all covered up with pens. You can't put a toy gun on
25 We have all our traffic laws. You must display no white lights
834
9 So --
12 that photograph --
18 we're --
2 because we have --
12 were walking out off the record, Mr. West is sitting in the
2 (Jury enters.)
4 BY MR. STULL:
7 chambers?
9 Q But --
11 Q And did you escort me, at any point, from the council
12 chambers?
15 officer took over for me. But I was predominantly with Mr.
19 believe you went out -- they escorted you out the -- it would
22 room has the big clock called Time Matters. It's an art piece.
25 went out the north with Mr. Davis. In order for you to get
837
1 back to the north, you would have had to have been escorted
5 the --
6 A Sure. Go ahead.
11 BY MR. STULL:
13 A Okay.
14 Q So --
16 (Video ends.)
17 BY MR. STULL:
18 Q So from there --
21 know which --
23 Q Okay.
25 Q Okay.
838
2 Q Okay.
7 door, because in order for you to come back north, you would
8 have had to come between the confines right here, where I was
9 with Officer Singh, or they would have to take you around the
11 (indiscernible).
15 over to where the flags are, if you can look at the picture
16 there, because --
21 heading to begin with. And I did not see you coming behind me
25 Were --
839
1 A Yes.
3 A Yes.
5 A Yes.
14 coded. And even though one might be a video like we're looking
15 at, and one might be something else, I think that -- and the
20 the middle is Officer Engstrom. And you, sir, are on the far
21 side. And I'm that fellow in the middle. And I would like to
22 see when it gets to the point where it's only Officer Engstrom
23 and the other two are Officer Singh and Officer -- excuse me --
3 tape.
4 (Video end.)
8 enough that --
22 shit.
25 (Video ends.)
841
2 BY MR. STULL:
5 around, but, you know, the far side from where you're sitting.
7 A Right here?
8 Q Yes.
10 ground. He's being held there by security. And he's being held
11 there.
12 Q And you just left, obviously, from where you were over
13 there. Can you tell us why you walked from the -- where we're
17 Q Right there.
18 A Right there?
22 A You --
23 Q -- move?
8 with another matter, over to the left of the screen, was it your
11 A Yes.
13 A Yes.
14 Q Okay.
15 MR. STULL: Can you roll that forward until I'm on the
16 table there?
19 (indiscernible).
22 (Video ends.)
24 BY MR. STULL:
13 since Mr. Davis' video was stopped prior to that, it would have
19 so --
24 (Pause)
4 MR. STULL: You could stop that. Thank you. That was
8 BY MR. STULL:
10 described, that I was lying down? Or did that look like Officer
18 been to keep escorting you unless he felt there was some need to
21 true?
1 that.
3 A A wrist lock?
1 we're not going to go into discussing what that may or may not
2 mean.
8 BY MR. STULL:
17 BY MR. STULL:
19 you?
1 simply ask.
7 questions.
10 as that.
12 best.
14 Thank you.
15 BY MR. STULL:
20 on Southwest 3rd.
22 his supervisor?
3 sergeant.
6 done, who was going to go where? How did you and another
9 You're both the same authority. You said you were in control of
14 charge?
16 Q That's --
21 the present time for a 940. So his role is in that part of the
23 sergeant.
25 the person that was deciding this event should happen over here
849
1 and these people should go over there, you're still saying that
6 question.
9 bureau?
15 position, the ability to simply say I'm the police officer here,
20 Q Okay.
22 their house. And they advised us, initially, what they wanted
23 to do. And that was to ask you to leave and have you leave
25 Q Okay.
850
5 officers. That was my position with the plan, was to get you to
7 evacuated. And we probably would have stayed there with you for
9 time/distance on my side.
11 place when we were going to arrest Mr. Davis, and the conflict
23 you're pointing. I'm just telling you what I'm talking about.
3 trespass.
8 up, right?
11 this.
12 A Yes.
16 Mr. Davis in custody. But then the issue happened between you
18 Q When you came into council chambers and saw me, was --
22 A Uh-huh.
2 hand?
4 hey, I'm leaving, he probably would have let you just walk out.
7 witnesses. And --
9 what he --
14 address me.
15 BY MR. STULL:
16 Q Did Officer --
18 Honor.
19 BY MR. STULL:
1 to the first floor, out the front of the building, across the
2 plaza, into the police car? Do you know who accompanied Officer
8 A No.
13 investigation.
21 might have seen the use of force. And then one sergeant writes
1 A Report to who?
3 of Justice.
10 what we discussed?
12 recollection.
23 BY MR. STULL:
4 will --
14 (Counsel confer.)
19 page. It's not been admitted into evidence, but you did turn it
20 over to the --
3 it's --
7 had --
21 him?
25 by --
857
13 that document.
16 question.
18 Honor.
3 BY MR. STULL:
15 THE WITNESS: I did not make it. I did not assist him
16 with it.
19 BY MR. STULL:
23 It's --
4 objection.
7 of --
15 BY MR. STULL:
17 before --
19 BY MR. STULL:
21 what was I arrested for and -- because you said there was -- to
23 simply ask me to leave and go. And I'm asking that once Officer
5 statement.
7 this event?
8 A Officer Engstrom?
10 regarding --
15 A Yes.
17 or excuse me. Let me rephrase that. How did you learn that
24 You and Sergeant Price were both at City Hall Council Chambers
2 event. And then some days later, Officer Engstrom and Sergeant
4 been injured -- Officer Engstrom had been injured. Are you with
5 me?
9 Q Okay.
13 later. And then you and Sergeant Price and Officer Engstrom
14 were all aware of the arrest being for assault of Todd Engstrom?
18 Q So the day --
23 Q When?
25 Q That's fine. My --
862
3 anymore.
8 was injured?
9 A Again, I was --
10 Q Describe it.
12 Q Right.
15 corner of my eye.
19 BY MR. STULL:
23 to that.
25 MR. MCMAHON: It is --
863
4 just to make sure that he's the photographer. We don't need the
7 BY MR. STULL:
13 photos.
15 later?
17 Sergeant Price.
18 Q So it --
22 referenced --
24 BY MR. STULL:
25 Q -- through the --
864
9 questioning.
10 BY MR. STULL:
12 think it's been offered into evidence. But did you call
17 BY MR. STULL:
21 while I'll call the dispatcher. I'll call -- they have them
22 bring stuff for other calls. I'll call them on certain cases.
1 A My call sign?
5 A Yeah.
9 might be you. And if you tell us what that is, we'll be able to
10 find it.
13 that number?
17 Maybe you use the radio. I'm sorry. I'm not familiar with your
19 A Yes.
23 radio.
1 Q Bureau of Emergency --
2 A Communication.
5 Q -- B-O-E-C.
14 A 3806. Yes.
18 the (indiscernible).
20 too, for Barry Sull, S-U-L-L, off his meds. Have Project
22 BY MR. STULL:
6 could have been somebody related to me, you know, that told me
7 hey, Mr. Stull is off his medications, and I simply related that
9 medication.
11 here we have two things that agree, the number 3804. Did I get
12 that right? 3806. And you're saying that that is you, 3806?
18 statement, 3806, for Barry Sull off his meds. Have Project
21 audio?
24 willing to say that that's you based on the fact that your
3 saying that Mr. Stull is off his medication. And then I would
6 Q Right.
8 Q Right.
14 BY MR. STULL:
17 BY MR. STULL:
20 BY MR. STULL:
24 THE COURT: You can ask him questions. You can repeat
1 argument, okay?
4 BY MR. STULL:
6 A Restate, please.
9 A No.
10 Q Thank you.
13 seeking.
22 BY MR. STULL:
3 central pain?
13 call?
15 for some reason, I might ask what's your condition. BOEC will
16 come back and give me, if it's threatening, i.e., are you
17 breathing, are you having chest pain, because that would change
18 the response.
21 A No.
22 Q Not knowing what central pain syndrome is, did you try
1 come to stand by. It appeared that you were not in pain, if you
9 code 3 response.
10 Q Why not?
14 familiar with?
15 A No.
17 you personally don't know what they're saying they need the
20 what that something is, does that mean you won't call the
21 ambulance?
25 ambulance staged.
872
2 for an ambulance?
4 Q By who?
5 A Me.
6 Q Why?
7 A Because that was the safe zone for them to be, number
8 one.
10 be another number.
16 Q At what point?
20 knows that, if we've heard that, I would like to know that. I'm
21 sorry if I'm asking again. What time did you arrive at City
22 Hall?
7 25, 2015?
8 A I'm not the best at it, because the way they print it
9 out has come out a number of different ways lately with the
10 change in software.
11 Q Okay.
16 got a better copy here in the room. We're not going to use it
17 for anything except for your telling us what time you arrived.
1 was at 15:04:37.
5 And you would be a third one behind them? Or two people were
6 arrested, I assume.
7 A Right.
10 A No.
12 A No.
18 A Correct.
19 Q Okay. Did both those cars leave City Hall at the same
20 time, the ones you were following? Or did one car go and then
22 A I can't recall.
23 Q All right.
24 A I believe --
25 Q That's fine.
875
4 Q Whatever the --
6 record --
13 BY MR. STULL:
15 A Yeah.
19 to the police cars? Did both those police cars leave City
20 Council at the same time? And you followed -- you said you
23 Q So --
1 A Uh-huh.
2 Q One of them had -- was more boxy and the other was not
3 as boxy. One was maybe a Crown Victoria and the other one was
16 involved the two arrests that were -- we've already found -- the
17 cars are on their way to the jail. People are prisoners inside
21 A Yes.
1 they have a team of corrections officers that will come out and
2 assist with getting the people out of the car and into the
7 We would close the door. And then the jail staff on the other
8 side would take the people out and start processing them on the
10 officer takes the person in. The handcuffs are taken. There
11 are -- a couple jail staff there in the open booking area. And
14 that we've been fighting with, or that there's just, you know,
16 taken place previously, we'll call and let the jail know and ask
25 Q When?
878
4 Price was with you. The ambulance was pulled behind the two
5 cars.
9 A 4th, correct.
10 Q Okay.
11 A Sorry. 4th.
14 A Northbound.
17 A Probably.
19 cars --
20 A At least two.
21 Q -- with prisoners.
22 A Correct.
2 A I did, yeah.
4 not call an ambulance once the Portland police have been called?
12 MR. STULL: No, no, no. Your Honor, I'm just talking
13 about --
15 Because we will --
18 MR. STULL: No, no, no. It's simply that the audio --
6 various video. I think the jury has already heard some audio
10 audio that hasn't been played yet, that I believe has this
11 witness on it --
17 objection from the State. And if you wish to offer it, then you
19 First --
5 (Jury exits.)
18 come in.
3 because it's all computerized. And then you open that up. I
4 opened it up. And there's folders. And they each have various
5 audio. We have video like -- these things are all on it. That
11 including the 9-1-1 and all those kind of things. And if the
17 9-1-1 calls --
12 (Counsel confer.)
14 clean copy, where it's just the 9-1-1 calls, so it's not a disc
20 So I want --
24 introduce.
2 document.
6 said that I have, from discovery, the video, the audio, the
7 exhibits that the State entered. And we had Mr. Gibson identify
10 is -- identifies it --
13 those --
21 things that have already come in. They've already come in.
3 THE COURT: If you don't know what they are, I'm not
11 discovery. I have the ability, and I did that -- and that's how
13 with the disc that I got from the State as discovery. Each of
19 example, we have the numbered silent City Hall one we've seen
20 this morning. We have the over the front desk City all we've
2 that, those types of things that I have. I don't know what they
3 are other than I've listened to them. I know what I call them.
8 audio, I have the witness, I have the audio. But since they've
10 someone --
13 offer.
19 record. And I want -- I'm asking you to put on the record that
21 MR. KELLEY: Is there more than the 9-1-1 call that you
22 want in?
8 one, the white one, or the yellow one, and I can't because the
11 type the computer, click on the file on the little yellow thing
12 that looks like these old-time file folders that I have, you
16 MR. STULL: -- other one, you see and hear. You click
17 on the third one, you don't -- you don't see, but you do hear.
18 You go to another folder within that same disc, you then get this
21 do with my case, but it's on that disc, and I don't have the
22 simple labels on the jars so I can say that this one's peanut
23 butter and this one's jelly because there's no way to see the
24 contents --
5 know what is in the contents of the file. I'm just asking you
9 simply --
17 I have the DVD with everything in the file. What we can -- with
19 can open it on the computer. I can go through and tell him what
5 something, and he's talking about the files, and I am not going
7 (Counsel confer.)
15 (indiscernible).
12 in again.
1 code.
3 Exhibit 3.
9 would play. I didn't alter the video in any other way except for
10 that.
12 ahead.
16 MR. STULL: And that was the one that's up at the front
21 file folder.
9 sliced together --
23 State's Exhibit 5.
25 of his leg?
893
11 what's the number for that one, because I'm not looking at my
19 could, simply give me the first one because the other ones, the
20 last three numbers are the same, and actually the last number, it
22 the far right end of the number, being the one's column if you're
1 MR. MCMAHON: -- 36 --
8 Engstrom --
21 which --
23 here and I'm not finding it, but I want to make sure we're on the
2 3,600 --
6 MR. STULL: Okay. And then there would be 196 and 197.
16 ones --
18 yet?
17 car --
23 MR. STULL: Excuse me. The first one was the mount on
2 201?
11 them and I'll take this up with Mr. Gibson. But I do need to
12 have some kind of way to keep track of all these other than a
14 Okay. So --
22 file folders.
25 been offered as State's Exhibit 14. They are just images of the
898
15 Engstrom's arm.
20 that.
24 those up with -- I'll take those up with the clerk here when we
4 BOEC.
10 (indiscernible).
21 MR. STULL: No, I've seen them all. I know what it is,
22 but they --
23 are now.
25 disc. What I will do, is I will put those on two separate discs
901
2 which exhibit they are marked as, and I can bring those back down
5 when these agreeance discs go to the jury, that the jury can
14 not --
21 disc is irrelevant.
1 for one file and a disc for the other file. Each will be -- have
6 the (indiscernible).
19 library, you get a book off the shelf, you know what it is before
20 you open up the book because it has a label that corresponds with
23 and say that FBR36282 is Exhibit 5. I'd rather have the jury
3 entered in evidence. They are not going to have that first disc
4 at all.
13 tell you what I'm talking about. It will take us ten seconds.
15 offering an exhibit --
18 THE COURT: No, they are already before the jury. They
9 MR. STULL: No, no, no. Your Honor, here's what I'm
10 saying. Right here, this says 9-1-1 call. That makes sense.
14 call so that if the jury wants to look at a file, they don't have
16 right below it that says the exact same numbers except somewhere
17 over here --
21 them will just have the 9-1-1 call, and it will be labeled. And
22 the other one will just have the dispatch call, and it will be
23 labeled. The jury will not have to worry about any of the
25 Let's get the jury back and get started again. We've
905
3 that's Keith Davis, will they be able to look on it and say that
18 State's --
20 this point.
23 discs. I got them on one disc that had all of them on there with
24 all these many files I went through. If the State could have
1 have --
5 times.
14 belaboring it.
17 to go on.
20 the same thing after it's already been decided two or three
21 different times.
23 Your Honor.
4 are.
5 MR. STULL: Your Honor, I only have one disc with all
19 clean discs. Did you want to have him play what he's got on that
20 disc now? That's a yes or no. Do you want to have him play the
21 9-1-1 call now and then he'll come back with a clean disc that
4 was him, and then we can ask a question about that, that's all.
12 like nine-minute files, and we only need the first one minute and
23 State's exhibit?
6 problem with hearing this stuff right now, is what I'm trying to
15 jury.
18 MR. STULL: Thank you, Your Honor. I'm sorry it's been
20 (Jury enters.)
25 Defense exhibits.
910
6 identification.)
11 and then --
18 DISPATCHER: 9-1-1.
20 City Hall security detail. We need to get one of our units down
22 facility. He's back and he's causing a huge scene in our council
9 Spanish?
12 DISPATCHER: Okay.
16 DISPATCHER: Okay.
18 and a jacket.
19 DISPATCHER: Okay.
21 most noise.
22 DISPATCHER: Okay.
12 CROSS-EXAMINATION (Continued)
13 BY MR. STULL:
16 A No.
17 Q None of those calls were the ones that you made from --
19 A Correct.
1 labeled accordingly.
4 identification.)
9 DISPATCHER: (Indiscernible).
11 location in traffic.
16 DISPATCHER: (Indiscernible).
12 DISPATCHER: (Indiscernible).
15 ambulance.
17 DISPATCHER: 841.
25 kind of supervisor?
915
17 custody?
20 (indiscernible)?
23 resume.
7 now, is there. White male, gray hair, blue eyes, baseball cap,
8 information 954.
10 last call?
23 finding that flier, know who they're talking about. A guy who
25 green jacket. He's heading back over to 4th and Glisan now, but
917
1 (indiscernible).
5 correct?
10 SUV on the corner of 4th and Glisan right now for (indiscernible)
14 through there.
16 another car.
18 wants an ambulance.
21 you more.
2 security?
7 like security called about the drunk guy. He asked for medical.
16 call. Are you talking about the car prowl 18 and Everett?
10 we're going to have at least one coming down, possibly two that
11 are uncooperative?
16 BY MR. STULL:
19 City Hall?
20 A Yes.
23 A That was.
1 BY MR. STULL:
3 your voice?
10 timeframes from communication are not how they would have been in
15 precinct.
20 this --
21 A Correct.
23 A Correct.
2 the other end of the event saying the undesirables are -- what
5 A Correct.
7 thing or that other subsequent thing, that that was the actual
12 that.
18 Q -- I mean, or on radio?
20 ambulance.
21 Q Okay.
4 characterize it as --
7 ambulance code 3.
10 Q To City Hall?
11 A Correct.
15 one, the confusion that I'm experiencing, excuse me, is that it's
16 not real time. And the other is, it's not just this event.
17 A Correct.
19 get. That's the way our system's working. But my point is, what
21 marijuana tattoo on the arm is not the City Hall event. And I'm
2 Q Right.
4 Q Right.
6 needed a supervisor.
7 Q So that's --
13 A Correct.
17 A -- chronologically, yes.
24 A Sure.
25 Q Okay. Now, the call, as soon as you get here, was that
925
4 call as soon as you get here or get there -- no, it's there, I'm
6 that. And I'm just wondering if that was the confirmation of the
8 want to know when they get there. Did that have to do with City
17 all by radio.
20 Q And what does that mean? Priority one means the lowest
21 or the highest --
22 A Highest.
25 the highest.
926
2 number three --
18 Singh?
20 look at the BOEC printout sheet for each officer assigned to the
24 notes it, or they can hit their on-scene button on the computer
3 Q Right.
5 (Counsel confer.)
10 that time.
14 by.
18 noon recess. Be back at 1:30 in the jury room back there, and
19 we'll get started then. Remember what I've told you not to have
21 discuss with others. Keep your tags on. These folks are not
22 allowed to have any contact with you. You shouldn't have any
6 say?
9 number of things like music, and I know that there are different
18 that the tree in Milwaukie is part of this case, or the call for
19 the ambulance over in Northwest and it was the drug guy somebody
20 referred to, and that he's going to work it out with somebody. I
21 want to make sure that they know that that's not about the City
22 Hall case, because as you said, this is about this day and this
23 place.
1 For example, this gentleman has a number, I think it's 3604, into
6 about whether those files came in or not and whether you had
13 not going to tell the jury what's relevant and what's not
15 jury.
18 questions --
23 THE COURT: So --
25 end, is this a statement about the people in the jail that are
930
1 uncooperative.
16 to, except you can't say by listening to one and the other that
24 know why you're making a speech now, and I'd like to go to lunch.
1 together walk through the door, just like I think these jurors
4 about a stack of 15 discs, and I'm talking about one disc with 15
5 files on it. And it's a lot easier to reach to a disc and figure
6 out what it is than have them all together in a big stack you
7 can't even see their names, because if you do, that doesn't mean
19 Thank you.
21 food.
23 record.
4 the same audit as before the break. That 9-1-1 has been on
11 you.
21 (Jury enters.)
9 transcribed as follows:)
12 (Video interrupted.)
18 the --
22 (Video interrupted.)
3 But maybe it's the last -- very -- are you at the very,
13 fuck --
14 (Video interrupted.)
16 could -- there --
17 CROSS-EXAMINATION (Continued)
18 BY MR. STULL:
1 question for you. And I'm going to make sure that the
3 taking those -- and I'll show you what I've got if it's --
17 BY MR. STULL:
20 individual, then?
23 you said you weren't going to clear the room. And I said,
8 Q What makes you say that the person that was with
9 me?
12 about the -- being in making sure the camera was there with
13 you.
17 A I --
18 Q You remember?
7 never --
13 would de-escalate.
22 handcuffs?
10 time?
13 Q Yeah.
16 assist them. They were giving you commands, you know, quit
2 "and they'd put their hands behind their back and they'd
6 one suspect.
11 A Correct.
13 A Correct.
19 Q Did you hear me say that the cuffs were too tight?
1 think Sergeant Price was down there at that time, too, and
4 Because we --
6 Mr. Davis.
10 the prisoner?
21 doing it, of course, where you can see me. But what I'm
3 that would --
5 that.
11 Q Right.
13 have happened.
14 Q No.
15 A Two is the most I've ever done, and you're not the
17 Q No. I --
22 wrist.
1 going further from the center with the elbow each in hand,
6 brings your shoulders up, and your arms come up. And to
9 handcuff.
11 the chain completing one link, the cuff, the center link
12 being the handcuffs, and the other link being the other
22 handcuffs as they're --
23 A Twist --
12 arrest.
20 wasn't --
3 BY MR. STULL:
20 get more officers, pick them up, and carry them out, which
25 the point where the -- the wrist lock and that would be
946
9 going to not move from that position, then I've got to move
1 stating, if the wrist lock does not work, and they aren't
23 lock --
24 A No.
25 Q -- to comply?
948
3 Q Sure.
5 the ground, and you can sit there and wait on the ground
13 A Testify from.
20 them. And that's the table I'm talking to. That's what
22 A Yes.
5 Q Right.
7 Q Right.
9 Q Right.
12 control you there is good for two reasons. One is you can
14 Q Sure.
24 passive resistance?
1 was two people and they both tried wrist locks and the
12 Q Sure.
14 the stretch, that's when you know that you're getting pain
16 judges the amount that the wrist lock might be put on.
20 reference point.
22 your you.
8 So when you say "you" it's not us over here. It's Portland
9 Police Bureau.
10 A Is that a question?
17 "you" --
18 A Okay.
5 (Jury exits.)
2 relevant?
4 scene and this was his event, and he was supervising it.
13 responsible --
17 policy --
7 those. If he does, then you can ask him if one was filed.
11 Anything further?
19 required for any of the charges, but I'll let him ask --
2 point.
6 in that.
9 a report.
14 (Jury enters.)
15 CROSS-EXAMINATION (Continued)
16 BY MR. STULL:
1 control of the report writing, the injury law and stuff and
3 that -- and they, you know, get that sent up the chain. So
4 they would be the one that would have the lead on that part
5 of it.
12 go with the After Action that can -- that compiles the, you
16 log, correct?
12 same time.
16 provide.
19 there?
24 BY MR. STULL:
7 in --
15 issue.
22 Officer Andrew --
2 BY MR. STULL:
10 those two?
17 that's offered.
19 objection.
21 prior witness.
24 out. And --
2 BY MR. STULL:
9 though.
13 REDIRECT EXAMINATION
14 BY MR. McMAHON:
16 A Sure.
24 A Over --
3 happened.
8 outside?
9 A Correct.
11 Engstrom, would you have let him walk out and go to that
12 ambulance?
18 (Witness excused.)
20 witness be excused.
1 (Witness summoned.)
6 will be the truth, the whole truth and nothing but the
7 truth?
12 WHEREUPON,
15 testified as follows:
16 DIRECT EXAMINATION
17 BY MR. McMAHON:
19 A Good afternoon.
25 officer?
963
1 A I was a student.
11 A I was.
15 A I did.
17 regards to?
3 A We did.
5 situation?
6 A Sergeant Axthelm.
9 A Yes.
16 sitting here.
19 A Yes.
23 follows:)
1 separate voices.)
4 journalist.
7 (Video interrupted.)
8 BY MR. McMAHON:
12 video?
15 transcribed as follows:)
19 this.
25 ambulance.
966
1 (Video interrupted.)
2 BY MR. McMAHON:
12 transcribed as follows:)
19 (Video interrupted.)
20 BY MR. MCMAHON:
23 you remember what you were told? Do you remember what was
2 Q Okay. And Mr. Davis was, in fact, the one who was
3 filming?
4 A Yes.
6 transcribed as follows:)
8 (indiscernible).
12 indiscernible).
13 (Video interrupted.)
14 BY MR. McMAHON:
16 going through your head and why you reacted like you did in
17 that video?
21 trapped with Mr. Stull, and he couldn't get around him and
23 turned around and saw that he was struggling with him and
3 point?
8 into custody. But there are just so many desks in the area
14 transcribed as follows:)
18 (Video interrupted.)
19 BY MR. McMAHON:
4 MR. McMAHON:
7 A Uh-huh (affirmative).
16 Davis?
17 A Yes.
21 Fuck --
22 (Video interrupted.)
23 BY MR. McMAHON:
5 bad it was going to get with the other guy behind us, so.
12 (Video interrupted.)
13 BY MR. McMAHON:
15 like you were using some leverage with his arm. What were
18 control.
21 Q Okay.
25 A Yeah.
971
7 difficult to do anything.
1 piece of shit.
2 (Video concludes.)
3 BY MR. McMAHON:
7 Mr. Davis, and I think he'd pushed him to the -- they were
9 in handcuffs.
21 A I'm sorry?
23 your custody?
24 A Yes.
1 A Yes, he was.
3 Mr. Stull, did you escort Mr. Stull, or did you escort Mr.
5 A Davis.
7 ever -- did you go again that day or was that pretty much
12 time.
14 CROSS-EXAMINATION
15 BY MR. STULL:
18 Q Yes.
19 A I have no idea.
3 not sure. I know people can calm down. It's a choice that
7 A I don't remember.
18 eyes, yes.
23 another way?
25 object.
975
13 BY MR. STULL:
16 A Yes.
25 We were going after Mr. Davis. I don't know why you even
976
1 stepped in.
2 Q What?
14 part of the building. Once you came into this room, what
16 officer?
21 an ambulance?
24 provided --
25 A We didn't --
977
1 Q -- at that request?
6 Q It takes a second --
7 A And I --
9 A -- I think --
10 Q -- for an ambulance?
18 A Yes.
22 A Yes.
25 summons an ambulance?
978
1 A No.
3 an ambulance?
4 A Anyone, yes.
12 A Yes.
15 your radio?
19 Syndrome?
2 that?
11 body?
15 A I don't.
7 custody.
8 Q How --
14 policies --
15 A Sure.
17 A Sure.
22 A Sure.
2 A Yes.
8 medical staff, make the scene secure, and then call for
9 medical.
12 that correct?
13 A Yes.
1 Mr. Davis was asked to leave; did you hear before this --
3 Davis?
8 A Officer Engstrom.
17 Q Excuse me.
22 trying to get you to calm down -- even held your hand. And
5 Q So it was unintentional?
6 A Right.
9 A Right.
13 A Right.
19 A Yes.
22 to me at the time, so --
23 A Right.
5 A Yes. I do.
7 with the -- the big man with the blue shirt almost over to
8 the windows --
9 A Uh-huh (affirmative).
16 the -- the large blue shirt man over there by the -- the
3 favor? We'll approach this two ways and maybe save some
4 time if --
18 board?
4 board.
10 what you want him to do. He'll draw it on there, when it's
12 exhibit.
17 audio.)
18 BY MR. STULL:
25 out in the middle there. Okay. And that little black line
987
4 something or --
5 Q We can -- we can --
7 Q All right.
9 Q Sure. And --
15 as State's Exhibit 1.
2 (Video is paused.)
4 that.
5 BY MR. STULL:
18 without audio.)
20 (Video is paused.)
21 BY MR. STULL:
25 A Yes. It is.
989
3 Officer Engstrom?
4 A Yes.
6 our view?
7 A Yes.
9 A Yes.
14 Q Okay.
18 audio.)
19 BY MR. STULL:
21 (Video is paused.)
22 BY MR. STULL:
9 BY MR. STULL:
11 on --
20 effectiveness.
22 he can find the one that will, I think unless we're out of
25 ///
991
1 BY MR. STULL:
3 one of these?
7 Q Yeah.
13 BY MR. STULL:
16 the black circle, and then there's the -- I'm seeing brown.
17 A Should I put --
21 those here.
22 A Okay.
24 And you can point with your finger and then -- and then
1 A Waiting --
19 BY MR. STULL:
21 A Yes.
23 A Uh-huh (affirmative).
25 A Okay.
993
2 is that?
3 A It's red.
6 A Red also.
12 A Yes.
15 that page?
16 A Yes.
19 of?
20 A Well --
3 A We -- we --
6 A Okay.
9 what you started before we got you over here with the pens.
18 little alley or little space right there, and you can see
21 for Engstrom to come help. But then you trapped him and
18 ambulance.
22 was trying to calm you down saying, "Hey, we'll get you and
3 Q Okay.
10 him.
16 A No.
20 we'll get you one, was that before or after you were
1 The ambulance words popping up, but the ambulance stuff has
3 Q But -- okay.
9 of control.
19 A Yes.
21 A No.
22 Q Why?
24 to clear out the whole City Hall just to get people out of
10 times a day. You can do it, and it takes very little time
12 there's a disturbance?
17 but we will call anytime you need it. But we have to make
8 A And we did --
12 initially.
16 his pocket?
17 A I have no idea.
23 A It's kind of --
8 this point.
9 Q Okay.
19 Q Sure.
25 point was Mr. Davis, not you. We just wanted to get around
1001
1 you.
3 Engstrom sustained?
16 correct?
18 because there --
25 A Right.
1003
2 together?
3 A Yes.
7 A I did.
10 some people do, but not -- it's very rare. Everybody comes
14 A We respond to calls --
15 Q Right.
19 then --
20 A No.
22 could be --
23 A It could be anybody.
15 A Yes.
17 A Yes.
21 A Yes.
4 A Yes.
5 Q By the point?
6 A Yes.
7 Q The pointing --
9 Q Okay.
11 minute or so of video?
16 volume?
20 him.
23 also.
4 this.
6 (Video interrupted.)
7 BY MR. STULL:
9 (Video paused.)
10 BY MR. STULL:
11 Q We agree?
12 A Right.
14 A He told him --
18 about --
19 A Right.
20 Q -- and --
22 go arrest him.
24 A To go arrest -- yes.
3 officers do.
7 smaller elements?
10 to it is?
16 hey, go arrest this guy, and if you have to use force, he's
18 he'll observe.
25 the DOJ.
1008
5 A 9.40.
12 Mr. Davis?
13 A Yes.
21 ambulance.
23 indiscernible.)
25 going to --
1009
5 here?
8 indiscernible).
9 (Video paused.)
11 BY MR. STULL:
18 interaction you had. You had to pull his hand away, and
1 right hand.
4 A Yes.
11 indiscernible).
13 (Video paused.)
14 BY MR. STULL:
18 just saw; the very last thing. I noticed, and I think you
21 that people were moving around the room faster than they
22 were.
25 A Yeah.
1011
1 Q Okay. I'm --
3 quickly.
11 rear so to speak.
12 A Right.
20 indiscernible).
22 (Video concludes.)
24 BY MR. STULL:
3 A Absolutely not.
4 Q So your --
7 Q Right.
12 A Right.
15 A Yes. He was.
18 A Right.
22 A No.
24 A Yes.
1 solely --
4 A Yes.
20 actually sit.
21 A Right.
24 direction?
4 Q So --
8 get them down on the ground where it's easier. Nobody gets
18 you can't -- our end result is to calm you down to get you
22 end up.
23 Q Okay.
3 Engstrom leading?
4 A Yes.
5 Q Okay.
8 be excused.
13 (Witness excused.)
15 this point.
1 that?
17 excused?
20 evidence. And --
24 the --
6 here today.
6 witnesses --
8 (Jury enters.)
12 (sic).
13 (Witness summoned.)
23 Jeremy, so I apologize.
25 ///
1019
1 WHEREUPON,
4 testified as follows:
5 DIRECT EXAMINATION
6 BY MR. McMAHON:
9 Central Precinct.
11 A 16 years.
13 A Four years.
16 sergeant?
1 Center?
2 A Yes, sir.
5 of have to be removed?
13 A Yes.
16 A Yes. I was.
19 A Yes. I did.
7 A Correct.
9 at City Hall?
11 had Mr. Stull kind of bent over one of the tables in front
18 A Mr. Davis.
4 his right arm, but was walking, you know, we were kind of
7 chambers?
16 A Yes. I did.
18 A Yes.
2 Q Okay. And then once you got him outside were you
13 not roll down the back window. He had rolled onto his back
2 Q But you did see that they had been broken off?
3 A Yes.
5 one who actually took him from City Hall and drove him down
6 to the jail?
8 in the back of the police car that rather then hold him
11 medical staff there that can help him, you know, once he's
12 lodged.
3 A Yes. I did.
9 several of them.
5 that's an electronic --
6 Q Do you know --
8 office.
11 things?
14 and you know, the punches that occurred from Mr. Stull
5 A Correct.
6 Q Thank you.
9 CROSS-EXAMINATION
10 BY MR. STULL:
11 Q Sergeant Price.
12 A Yes, sir.
14 tell with you, sir, the placement into the police car, was
3 seconds.
7 the -- the police car with the door open. Do we know what
14 BY MR. STULL:
15 Q I want to --
20 BY MR. STULL:
23 A Yes, it is.
1 A I supervise people.
4 A Yes.
6 there?
12 cross -- cross-examination.
14 BY MR. STULL:
17 Thank you.
18 BY MR. STULL:
22 A Yes, sir.
25 inadmissible.
1031
7 we're going to have to have the jury out of the room and
8 discuss --
14 what's -- where he --
16 what's in the report. That's not what he's here for. You
17 can ask him about his background, what he did and saw. I
18 don't know what the report is, but if it's somebody else's
19 report --
23 Your Honor.
2 BY MR. STULL:
4 A Yes.
5 Q -- as your report?
7 prepared.
11 questions?
14 BY MR. STULL:
18 A November 25th.
20 A Correct.
5 gets to. So --
8 BY MR. STULL:
20 that time for that -- for an injury that, you know, would
24 A No.
1 Pain Syndrome?
3 Q So I might have?
6 force.
7 Q You escorted?
8 A Yes.
10 A Yes.
13 actually did other than that, you didn't just take data
17 Q Is it --
21 car, and you had made a determination that the use of force
24 aware of?
5 Calm? Sleeping?
7 Q Yes.
9 assaultive.
12 Q Okay.
14 Q Not relaxed?
15 A Okay.
18 acting the way you were that you were not relaxed as if you
21 let's --
22 A Okay.
1 you were interacting with then. That was somebody that was
2 quite active?
3 A Correct.
4 Q Very active?
5 A Active.
7 Syndrome?
8 A No.
25 A Yes.
1037
2 report?
6 A There is.
10 for an injury.
15 A Right.
17 those required?
23 marked.
24 Q You --
4 A Correct.
5 Q -- 2015?
6 A Yes.
12 A Right.
15 A Yes.
20 A Right.
10 observe it.
13 A Yes.
18 responsible to do that.
22 A Right.
2 that to DOJ it does not get sent back to me for, hey, did
5 A Department of Justice.
6 Q Of -- which one?
20 Q Yours, as DOJ --
22 Q Yeah.
17 under this?
18 A No.
21 A No.
1 report?
10 A Correct.
12 force --
13 A Yes.
22 type of report?
24 then yes.
2 A Shingles.
4 A Sure.
8 in this report?
14 like if I shoot you with a Taser and the probes enter your
2 A Right.
17 For instance, the day this happened with you, had I been
23 was able to interview you and find out that you had that
7 here diagonally?
8 A Right.
11 A Right.
12 Q But had you not done it that day, could you have
16 A Yes.
18 information??
19 A Yes.
21 A No.
22 Q Why not?
12 A No.
15 can call --
20 BY MR. STULL:
5 BY MR. STULL:
11 Q Excuse me?
12 A Yes, sir.
16 A Yes.
18 A Yes.
1 A No.
12 was it?
5 all?
6 A Correct.
14 because the --
15 Q Okay.
24 A Yes.
3 A Correct.
7 you -- you did say something on it, but I'm asking you
20 and whether that comes from Project Respond or, you know,
15 A No.
22 reasons. So --
2 facility.
6 A Right.
8 A Correct.
10 A Right.
13 A Yes.
17 handle it different?
18 A In this situation?
19 Q In any situation?
23 your job --
4 A Yes.
22 BY MR. STULL:
23 Q If those --
25 speeches --
1054
3 BY MR. STULL:
13 you spent on it, how much -- how many phone calls you made,
15 this?
20 A Yep.
23 A Right.
2 BY MR. STULL:
5 document.
10 MR. STULL: I --
13 MR. STULL: I --
6 BY MR. STULL:
8 particular report?
10 report.
11 Q What --
17 BY MR. STULL:
25 ///
1057
1 BY MR. STULL:
4 A Yes.
6 right?
7 A Correct.
8 Q Is that right?
9 A Yes, it is.
13 here?
18 BY MR. STULL:
20 case?
21 A When?
23 A No.
5 must be an injury --
7 commenting on the --
12 BY MR. STULL:
14 accounts --
16 about --
19 objection is?
21 it's irrelevant.
23 BY MR. STULL:
2 72 hours?
7 So I'm going to --
11 we're going to have argument on it, then I'll ask the jury
12 to step out.
13 BY MR. STULL:
15 A No.
24 out in front of the City Hall, to the police car, was there
4 A Or an escort hold.
6 A Yes.
12 car?
15 A Yes.
23 A Yes.
6 MR. McMAHON:
16 editorialize --
17 BY MR. STULL:
18 Q Was, in fact --
20 BY MR. STULL:
23 A No.
25 assessment?
1062
9 A No.
11 can't kick?
16 Q Pretty hard?
17 A Uh-huh (affirmative).
21 it did.
22 Q Was it intentional?
3 different appearance.
8 -
22 demonstration.
23 MR. STULL: I -- I --
25 BY MR. STULL:
1064
2 A Yes, sir.
5 legislature was --
8 object you intend to strike. And that could be, you know,
11 his kneecap?
14 shins?
18 somebody?
21 you're --
25 A Yes.
1065
10 question.
11 BY MR. STULL:
12 Q Didn't you --
15 correct?
16 A Correct.
18 anybody.
19 A Okay.
21 A Correct.
14 A Correct.
20 Q Sure.
3 A I did.
18 A Officer Engstrom.
20 A Correct.
22 direction to go?
23 A Officer Engstrom.
7 Q If and maybe --
13 up there.
14 A Okay.
16 A Yeah.
19 A Correct.
21 A Uh-huh (affirmative).
1 Q I’m --
4 help you by --
5 A Okay.
8 A This side.
10 A Yes, sir.
12 A Yes.
15 A Correct.
24 of directions?
25 A No.
1070
5 based on, you know, the direction they're either moving the
8 A Possibly.
11 A Possibly.
16 That is a speech.
17 MR. STULL: He --
3 BY MR. STULL:
5 somebody by yourself?
6 A Yes.
10 A Yes.
12 A No.
20 (Witness excused.)
3 way out. I just want to thank you. It's not a -- it's not
4 entered into --
11 your notebooks will stay in the jury room back there. And
16 (Jury exits.)
20 she's got enough time to deal with the -- the ARM folks? I
10 Tuesday. So --
4 copy it --
17 like.
20 about that.
6 Do you if they're --
12 morning.
17 9:00 tomorrow --
23 Mr. Stull and I both have, and that is regarding the form
14
15
16
17
18
19
20
21
22
23
24
25 ///
26
1077
1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
14 970.405.3643
15
16
18
19
20
21
22
23
24
25
IN THE CIRCUIT COURT OF THE STATE OF OREGON
STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 25 of 29
) Pages 1078 - 1306
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
(None called.)
(None called.)
EXHIBIT INDEX
Offered Received
(None offered.)
2 -O0O-
10 this point this morning Your Honor was taking a motion for
15 it.
18 MR. STULL: Oh, yes, Your Honor. Does the State need
21 also ask --
25 THE COURT: Well, rather than bring the jury out for
1 you resting and then sending them back, I'm going to allow the
2 motions now.
13 public safety officer, there's court video that shows Mr. Skull
17 injury.
20 and read it straight from the jury instruction, are that Mister
13 custody.
17 it's just --
4 MR. STULL: Oh, I would just say that the jury knows
6 The jury has heard that the person with the disability was
9 that correct?
14 but, anyhow, but Mr. Kif Davis' video shows two things; a
5 statements on the video that, "This could kill me. This could
8 hasn't seen the evidence, but the -- it's clear that the City
22 said he had medical records on him. The video shows that the
5 the --
2 their --
21 now. But who would be the first witness, and we'll have -- if
8 And they are here to, one, validate this is their medical
12 unconscious. And when the pulse went not only with an abnormal
15 hearing.
17 THE COURT: And you can -- and you can even ask --
19 report.
21 them in here.
24 going to ask.
2 be relevant --
7 THE COURT: Well, have the first one in and we'll put
14 (Witness summoned.)
17 testimony you are about to give will be the truth, the whole
21 name and last name and spell your name for the record.
23 B-e-u-t-l-e-r.
24
25 ///
1 WHEREUPON,
2 JAKE BEUTLER,
4 testified as follows:
5 DIRECT EXAMINATION
6 BY MR. SKULL:
23 A Three --
24 Q And --
25 A -- personally.
1 Q And how many years have you currently been using that
5 (sic) --
6 A A year --
7 Q -- 2015.
11 operate within the -- your unit? Could you describe how you --
18 it's not inside and the patient meets us at the backdoor, then
21 basically.
23 State would -- you know, would waive any arguments about his
3 go forward.
5 Your Honor?
6 BY MR. STULL:
10 the two?
11 A I have 3 of 16.
12 Q Yeah, you don't have this. This is the one I'm going
15 A Sure.
18 A Yes, sir.
20 A Sure.
21 Q Okay.
11 A Yes.
14 A Yes.
17 okay.
18 A Sure.
20 A Yeah.
22 what those lines on the graphs, how they were produced, when
25 that you can identify that because it's your report and you're
1 the -- you know what those things mean, I hope. And so if you
3 start and say what that process of how that was produced, those
4 particular --
7 A Okay.
14 here -- sorry --
18 could tell. This EKG was put on you, sir, at 8:24 p.m., and
19 I'm not sure what else you would like me to say about it.
21 the EKG --
22 A Uh-huh.
25 A Okay.
2 A Well --
8 2, one is lead 3.
11 time?
13 Q Okay.
15 Q Okay.
17 time.
18 Q Okay.
20 Q All right.
23 milliseconds --
24 Q Okay.
1 running.
13 the first clear beat is like the fourth beat. And it shows a
6 THE COURT: No, just tell him what you want him to
13 BY MR. STULL:
17 --
4 page you were staying relatively still. And then the first
11 BY MR. STULL:
15 Q Is that --
16 A This is --
17 Q -- me right there?
19 up and --
20 Q Okay.
22 Q Okay.
23 A So --
25 some --
1 A Yes.
5 Q -- page --
9 Q Yeah. Right.
12 A So then --
15 Q Page -- what --
1 there's a timestamp --
9 I believe, to --
10 THE WITNESS: So --
13 this is --
21 page 15.
25 document.
4 your --
6 yeah.
10 specific page, just by the time on the vital signs, that would
11 be good.
17 says vital signs, and that was at 8:28:36. And this particular
25 BY MR. STULL:
1 Q Okay.
4 Q Okay.
6 and then you can see as you move there's more and more smaller,
11 better. The reason why, on that page, 8:33:36, the first line
18 output, essentially.
25 A Okay. Yeah.
3 A Yeah.
4 Q -- the bottom?
6 Q They're going --
10 line across the heart on page 10, the top line across the heart
11 on page 11, and the bottom line, similarly, on page 10 and page
13 pages?
16 Q Okay. And --
20 first four seconds. But then you stopped moving, and you can
22 Q Okay. Yet --
4 moving.
5 Q Okay. And if you can continue from page 11, 12, and
12 Q Right.
17 Q Certainly.
18 A And 12, lead 2 or the first line, for the first four
20 is at 68.
3 on the page.
4 BY MR. STULL:
5 Q Should I --
11 when you say the -- and it's your word. When you say the
12 aberrations, these --
18 BY MR. STULL:
22 A No, artifact --
23 Q -- or --
1 Q Right.
3 Q Right.
6 Q Right.
10 other parts of the EKG, that's why there's multiple lines here.
11 So in case one is fuzzy, you can look at the second one, you
12 can see the same information that would be in the first one
21 Q And --
22 A -- of your body.
25 A Okay.
2 without looking at the artifact part, could you just see the
4 A Yeah. A computer --
5 Q -- episodes?
9 -
10 A Yeah, it says --
12 A It says 68.
13 Q Okay.
16 Q Okay. So go ahead --
20 pages, and tell us what page number you are on, please, too.
22 61, and then that's the last documented one I -- when you take
23 the wires off or any one of the leads off, it stops recording.
3 Q Could --
5 Q Sure.
10 first page that you have the recorded number of the pulse at
12 A Okay.
15 A I'll identify --
16 Q -- of each page --
19 it.
25 BY MR. STULL:
1 Q Thank you.
7 -- the same printout, Mr. Stull. That's why I'm asking him to
8 verify.
12 BY MR. STULL:
14 A Okay. And so --
15 Q -- intended to be offered, so --
19 Q Okay. And the next page and the same, pulse, and
23 Q Could --
9 8:43:36, your page 13, your heartrate is 61, and that is the
10 last one I have vital signs on. You page 14 and 15 are -- have
12 connected.
14 A We can't.
18 60, again --
19 A Uh-huh.
24 A By my -- by my chart, yes.
2 the EKG --
3 A Sure.
5 might -- there was some blank ones at the end, perhaps 15. Is
7 there?
8 A Page 15?
9 Q Yes.
10 A It's a blank.
14 the first page, and page 15, and we know the last page, there
15 are several pages that are in there as blank EKG pages because
16 that was a product of you starting your report and ending your
22 off.
24 A Is --
2 Q -- be --
3 A -- being recorded.
5 A Yes.
8 your report, that -- that shows the arrival on the scene and
10 A Sure.
15 A Yes.
7 Yeah.
9 mental illness?
10 A Yes.
12 A Well, so that --
14 document, sir.
15 A Yeah. But --
19 explain it.
23 questions.
7 the chart --
8 BY MR. STULL:
9 Q Sure.
11 Q Right.
13 Q Yes.
16 Q Right.
18 Q Right.
22 charting system --
23 Q Right.
25 dropdown box.
1 Q Okay.
9 renal failure --
10 Q Thank you.
11 A -- stroke --
12 Q Thank --
13 A -- seizure.
16 is that correct?
17 A Oh, yeah.
22 The point --
3 THE COURT: And if you would get to that and not just
4 wander around --
6 didn't want to bring in any new people that you don't know
11 them.
16 Your Honor --
17 BY MR. STULL:
21 A Yeah.
22 Q Okay.
24 sedation protocol.
25 Q Okay.
1 A Which I had --
5 BY MR. STULL:
13 THE COURT: It is -- it is --
17 witness.
19 Another --
1 simply showing, Your Honor, that the EKG shows a lower pulse,
25 why we have other people that are doctors that do know about
11 90 right now.
22 50.
11 been doing when I've asked you that, is you give me a long --
5 normal.
9 drop box.
11 shouldn't --
14 are not --
23 lucid. I have no idea. We never got those for the fact that I
5 are some points that show that I clearly skipped. But I want
14 didn't get there Wednesday. And when they sicken me -- I'm ill
15 right now. If they sicken me, it could kill me. And we know
16 that from the event that took place at the same hospital four
4 the incident involved here. So, now, I'm ruling. And when
5 I've ruled, it's not the time that begins the argument. It's
13 on the --
16 so --
18 charges I'm here -- I'm only here, Your Honor, and everything
24 to be who I am while I'm here. I know why I'm here. I'm here
1 -- I can't even remember his name I'm so sick. Mr. Kelley has
11 discovery.
22 up the police car. All those things are under the relevancy
8 104 motion with Mister -- and I'm sorry, I'm forgetting your
9 name.
12 Mr. Beutler's was called. A.J. Johnson was also with AMR.
15 thing over again. But unless Mr. Stull can make a showing of
22 BY MR. STULL:
8 A My partner did --
9 Q Okay.
13 because he called --
20 MR. STULL: I --
6 did not receive that transport upon arrival for some number of
7 25 minutes, and the police were called. They were there. The
12 said, "Hey, was this guy there just for central pain syndrome,
21 BY MR. STULL:
22 Q Time --
23 A So --
1 Q Yes.
3 your house hot and heavy trying to get in the back of the
7 didn't want you to get into the ambulance. And you became very
10 when the police were called and the fire department showed up.
13 is because we were trying to keep you alive, and make sure that
17 understood?
1 Q Let's --
4 Q To you?
7 A Yes.
9 clearly --
14 case?
16 different --
17 MR. STULL: He --
22 the ambulance. They called the police. The police were on the
12 heard my testimony. And that's why I'm here. Your Honor, the
13 scope, if --
19 of -- through -- 1 of 15 --
23 clerk.
2 information through --
8 MR. STULL: I -- I --
12 me.
19 the State --
22 that I --
9 everything and I'm not being heard by this Court. I'll make
12 (Court/bailiff confer.)
20 by the attorney.
24 Honor.
6 MR. STULL: The only thing -- the only thing I'd like
7 to do, sir, did you hand anybody here what I gave you?
11 MR. STULL: And make sure it's the one I gave him.
12 Because I --
14 also like to ask to excuse the other AMR personnel if Mr. Stull
21 days before?
1 issue here.
6 record, that's Mr. Johnson. I'll have him step inside and have
7 him released, and then I'll -- I'll just have one moment with
11 with the emergency room doctor there at Emanuel. I'd just like
19 enter that into the record. But my -- that was destroyed when
23 What is this witness going to say that has any bearing on what
2 sick. And when I said that I was sick, it was the product of
7 National Institute of --
22 things right now, and I'm only going to do one. So if you let
24 one of the --
1 to release him --
5 excused.
15 first time --
20 MR. STULL: I can tell you what was going on. What -
21 -
22 THE COURT: I'm not asking what was done. I'm asking
25 that exhibit number. Can you please tell me the exhibit number
6 relevant.
18 was provided?
24 vs. Matthews.
6 witnesses --
9 except that you had an event a few days before in which you
10 asserted that you had central pain syndrome, and they are not
12 MR. STULL: I --
21 white, orange, lemon, apple. And if you want to say every time
24 seeing only what you can see by using orange as a color. And
25 I'm trying to say it's not that orange. It's orange that's a
1 round ball that's a fruit you can eat. And every time I go
5 that when I called 9-1-1? You think I'm safe in the City of
11 didn't know it at the time, all the other people were there
19 -- spinal cord pain message relay system. And when it's phased
21 how we just say it, that causes a reverberation, and that fires
6 get in his ambulance. But, oh, no, no, they can't do that,
12 that on Sunday when I was at the City Hall where they also
20 Your Honor.
18 MR. STULL: I --
20 If you do not, and you simply want to testify, we will get the
11 THE COURT: You are -- this isn't the time for you to
12 make an argument.
24 appeal.
2 MR. STULL: -- I --
13 EKG.
16 THE COURT: And his testimony was that the EKG was
17 normal.
23 measuring simply reflected the fact that you were moving around
24 on the table.
5 then --
9 of evils --
18 that --
21 me a chance to even say that you won't let me say it. I'm
22 saying to --
1 of it. That's when -- that's what I'm saying. You never gave
3 familiar with State vs. Matthews? If you don't, you don't have
10 this --
17 consists of, and the relevance of the things that tend to show
1 THE COURT: And we've had the jury back there for
2 over an hour.
7 I'm citing into the record. I'm also going to say, these are
10 later. And I will also say that their testimony shows that
12 through AMR, which the other witnesses have testified, it's the
14 robber, they can get medical treatment. But Barry Joe Stull
17 gallery. That's --
22 Court of Appeals?
1 employee, who knows the difference between me when I'm ill and
8 that it was the Justice Center Jail, and it was actually the
11 with Mr. Regehr and a lot of her colleagues, all armed. And I
20 the scene that I said, "I'm going to talk to one person." And
22 a conflict of orders such as, "Don't move. Put your hands up."
3 she knows the difference between me when I'm well and when I'm
4 sick. And when I'm sick, people think I'm a danger. And every
10 calling that witness, Your Honor, to show that I have the skill
22 that testimony.
25 let's see --
2 anything else?
4 and --
17 could do," because she did know what I could do. And one of
23 Honor.
1 for reputation.
12 who was the -- who struck the first blow in a mutual combat.
15 the prosecution to rebut evidence that the victim was the first
16 aggressor.
4 definitions --
3 this is a particular act, and that act does not show your
11 opinion. In other words, you can ask the witness, "Do you have
8 read that.
15 THE COURT: So --
17 one --
21 people think I'm the bad guy, and it shows out there I'm really
18 about my -- the point is, Your Honor, that less than 24 hours
23 treated with the same thing that the guy wrote two days
25 was long gone by I ever got to the state where I could actually
11 rights. And I have the ability to back off of that line. And
12 I don't think I had that at the time of the arrest the next
18 whether she's afraid of me, and how -- just her opinion about
19 me as an aggressor.
22 I can.
25 the State would object to any -- to him going into, at all, any
2 or, "Isn't it true I did X, Y, and Z?" You can just ask her
17 are --
1 Honor.
3 not here now, we're going to get the jury in and we're going to
11 three pages.
14 the --
2 deceased.
4 (Counsel/clerk discussions.)
22 documents.
1 witness and because it's a medical record the Court was going
4 about authenticity --
23 chart was --
2 What --
7 contemporaneous.
11 objection.
14 This is a letter --
23 then he goes, "I re-examined his lower back," and that would be
25 the picture, the sketch, and that's all on there. And he says
2 pain," and his proposal, that was all on this date when he
8 blah, blah, blah. This is his writing at the time. And those
11 authenticity.
25 I'm wrong, Your Honor. I'm just want to make sure we're
2 (Pause.)
4 objection.
1 MR. STULL: No, Your Honor. You can make -- you can
2 excise any part of that that you wish. What I'm seeking to
13 just speaking, to say that there -- I know the law on this, and
25 Honor, I've been kind this morning and given you the
18 that, of course.
25 admitted, the State would renew that objection and would object
6 the document.
22 under two of them. There are two in the evidence code. One is
24 regardless. But the -- but the point of it is, that I'm trying
1 get right to the point that's on point, is that these are the
4 that's what we want to get into the record. I want the fact
11 the -- I won't get into the discussion of what central pain is,
17 don't know what it is. And it's just not fair. I'm talking
21 me.
10 Kirkpatrick.
16 sorry.
18 Mr. McMahon?
12 think I was right the first time. Yeah. The follow are not
19 play. Now --
2 the Oregon Evidence Code and the interest of justice will best
5 of --
22 Mr. Gibson.
25 stamp --
1 (Defendant/clerk discussions.)
3 purposes of the --
12 second page, it does say exhibit, can we just put another exhibit
1 MR. STULL: I'm not even going to read it, Your Honor.
13 (Court/clerk discussions.)
14 (Witness summoned.)
25 are about to give will the truth, the whole truth, and nothing
7 WHEREUPON,
8 MELISSA REGEHR,
10 testified as follows:
11 DIRECT EXAMINATION
12 BY MR. STULL:
3 corrections deputy --
4 A Of course.
9 BY MR. STULL:
16 They're more with the public that you see roaming around in their
20 called Inverness Jail. We have two. And so you work inside that
3 when people walk in. We also take inmates to and from court. If
7 we're going to talk about me. That was you, thank you. And do
9 A Yes.
14 BY MR. STULL:
15 Q What's my character?
17 THE COURT: I --
20 BY MR. STULL:
22 A For aggression.
23 Q Right.
25 Q Yeah.
2 you can get him focused and calmed down, he will focus on one
5 dealings with Mr. Stull, I've noticed that if one individual kind
10 focus on them and answer all their questions and abide by their
11 orders, typically.
12 Q Engage in a dialogue?
15 A And --
23 situation down, but once -- a few minutes, maybe, will pass when
24 you get that in that situation, and somebody will typically try
2 understand them and it's not coming from all different directions
4 Q Seen me well?
8 BY MR. STULL:
14 BY MR. STULL:
18 same ruling.
19 BY MR. STULL:
21 A Yes.
23 interactions --
25 ///
1 BY MR. STULL:
6 testimony.
15 BY MR. STULL:
18 A Correct.
20 A Correct.
2 Q Maybe 2012?
13 questions, which is --
15 BY MR. STULL:
3 there's change in --
7 episodic or --
11 instances. He's --
16 BY MR. STULL:
18 THE COURT: So --
19 BY MR. STULL:
24 BY MR. STULL:
2 So, yes. So there's not -- not necessarily over time, but it's
3 just at different times when I've dealt with you you've been in
5 you're feeling bad or feeling good, that I don't know. From your
7 Q Yeah. Yeah.
14 aggressive.
17 BY MR. STULL:
20 A Yeah.
24 asking. Your -- could you restate the question for me, just --
5 A Okay.
6 Q -- of --
8 asking --
9 BY MR. STULL:
10 Q -- if I'm allowed.
12 in different instances.
16 changes.
18 limit her testimony to that, Your Honor. I'm just trying -- I'm
19 not --
25 the witness needs to understand what I'm trying to do, also. And
3 comment on my ruling.
4 BY MR. STULL:
8 A Very good.
14 BY MR. STULL:
17 BY MR. STULL:
22 BY MR. STULL:
1 Q As far as I am --
2 A -- behavior?
4 A Okay.
7 character.
8 A Okay.
10 A Aggression. Okay.
14 aggression.
15 A Okay.
18 A Okay.
24 not responsive to our orders and our directions. I've never seen
25 him get physical with any of us. It's more just verbal than
3 A Yes.
7 BY MR. STULL:
10 commenting --
22 I --
24
25 ///
1 CROSS-EXAMINATION
2 BY MR. MCMAHON:
6 A Yes.
8 A To be cautious --
9 Q Just what --
11 that sometimes his temper can be very quick. We're just very
24 that someone doesn't know how to deal with Mr. Stull might not be
3 saying?
4 A At times, yes.
11 lobby where they were having a -- dealing with Mr. Stull, the
13 people at the front that like go into the jail, that run property
16 there, and Mr. Stull was angry, defiant, not following orders,
17 but not really able to talk very well. And I noticed that Mr.
19 point. So I kind of took the lead on the situation, and him and
20 I engaged with each other for probably five minutes, maybe not
23 realized that I was more there to help him and to listen to him.
25 let him get up and walk out, and his -- he's got some other
2 that, Mr. Stull, just get up" -- because he was sitting -- "get
3 up and just walk out of the building?" And he said yes. And
4 so --
6 calmed down, how aggressive or how mad was he being before that?
10 was just nonverbal cues that we get training for to watch, like
13 I believe his jaw was clinched at the time. It's just images of
14 that.
15 Q Okay.
17 main issues were happening before I was able to get down there.
19 point?
22 A You're welcome.
24
25 ///
1 REDIRECT EXAMINATION
2 BY MR. STULL:
4 A No.
7 so.
12 BY MR. STULL:
14 that.
16 THE COURT: I -- I --
20 I'm sorry.
24 a rule.
1 (Pause.)
3 BY MR. STULL:
6 uniform?
7 A Correct.
8 Q And --
11 matter?
13 jury --
20 particular episode.
7 go to what an FSO was doing, what an FSO was saying, what he said
10 the FSO, with the suggestion of a threat, was probably also part
18 for the sake of the jury, it's easy to understand they come in
19 here unlike we do, and there's the khaki uniforms, which are at
20 the site, and then she was part of a different color uniform with
22 other --
5 and that nobody got hurt. And then I explored that by saying
6 could somebody have been hurt. And then it was, what if I would
7 have pushed him over while I was sitting on his foot. And I did
8 say that, if she remembers, and I didn't do it. And then I left.
9 So I could have hurt the guy really badly, is all I was saying.
12 uniforms or --
20 be at the library and whatnot. And then you'll have this lady,
22 gun because she's allowed to have one in here. The FSOs don't
23 have those.
2 on the door that says do not enter, and you might lock the door,
15 didn't, and I left the building. That's all I want to say and we
1 were. Okay.
3 THE COURT: So we'll get the jury and we'll get back on
8 MR. KELLEY: Yeah, but they don't know what an FSO is.
17 BY MR. STULL:
19 hurt?
23 on?
24 A Yes, if you would have pushed him over like you said,
1 Q All right.
3 THE COURT: Okay. You may step down, and you are
5 (Witness excused.)
7 introduced --
11 You can argue about it in your closing argument. But do you have
16 THE COURT: It is in --
23 about it.
25 MR. STULL: All right. No, I'm not talking now. It's
5 perjury that the testimony you are about to give will be the
12 name is spelled J-o-e. But that's how I was named, Barry Joe,
13 before I was born, and that's the way it fits in our little
15 TESTIMONY
24 don't want to talk too much about other than what the jury and we
25 all have access to, the video of the day, expect to express some
12 condition is --
22 I'm enduring right now, although it's not November 25th, 2015,
23 it's a condition I've had for a long number of years, and I have
2 throw some mayonnaise in with the eggs as I'm cooking them, then
3 I put in a lot of hot sauce. A lot. And the hot sauce and the
6 the hottest possible food you can. That's just not the way that
9 that I can pretty much say that my condition -- and I've said
11 aura. And I'm not saying like, you know, anything other than we
12 have a zone. That even when we're close enough, we can feel each
14 all the way to that. And the way it -- my day can be molested by
16 back surgery in 1980. I have a little spot that I can touch, and
19 that when people are poking around, that their -- for mapping is
20 -- they do, that that's one of the ways that they can plumb and
22 trying to stick me with a pin and see that I can't feel it there,
8 might see you bite the bullet or, here, give somebody this when
11 product of that, and it's a product that tends to the point where
15 because I don't know who I might interface with who may worsen my
19 was fine. My bills were paid. I dropped off the bill in the
21 There's a couple ladies out for a walk, and they're crossing the
24 sidewalk, she trips. And when her knees hit the sidewalk, as
2 skin their knees, but when other people cringe, and I can see
4 I'll get that sensation. And I can tell by that sensation and
8 finger, I'm really aware of what -- putting that under hot water,
13 can make my face hurt, that allows me to get this out, to get the
14 tension of the fact that I'm under pain and my bodies being
15 attacked.
18 severe it felt like I got stabbed at this spot. And that was
20 would say, whoa, what happened? And I got -- and then there's a
22 me feeling like I got stabbed where it's beyond that. And I can
23 tell when I'm physically able to do things that I'm not otherwise
24 able to do, positions I can get in. Whether I can squat all the
1 that, I know that these other things are going on. And I know
6 people. They'll say, "Why were you -- you know, are you bipolar,
8 and the other thing. And that's not it. And sometimes, although
15 experience right now is I'm trying to get into the heart of the
25 the same thing, where we were so excited about what the other
3 people tell me and the things I'm able to do. But I can also be
5 pushed the wrong floor button. And I've done that. And why are
9 thing over and over again, maybe, if it's something that I'm able
10 to say. Central pain syndrome is one of the big ones. And it's
20 morning across the river, being at 9:30, you could have signed up
2 whatsoever.
6 Marcus Stull, and they said, "We changed the rules. You can't
12 that.
15 the video that I said at the time. But what I was really
19 possessions, and had made sure that the police had gathered up
24 is what I said. But it's -- and his response was to say, "Okay.
2 you know. And the thing that really shocked me, not so much as
4 threat because we've known each other for so long that we could
5 say things even worse to each other. I was just surprised that
7 I've been able to drop F bombs, but I don't drop -- I didn't drop
8 F bombs there. That's not one of the places that I would. Any
9 cursing -- I think I used God damn, and that was only after any
14 Hall coming from the east. And on the west side, I was pointing
19 the 19th floor. I watched on the video, "17 feet". I'd much
20 rather be the fellow that you are interfacing with right now than
21 the fellow that -- as you saw had the interactions with the
25 completely different.
7 you're right."
13 conversation --
3 the airport and have -- they have signs that says, "Make sure
4 it's your luggage," because all of the luggage comes from the
8 apologize and go back and, you know, rectify it. People have
11 having a condition that gets worsened, and the evidence that it's
18 an elevator and then I'm dealing with people saying, "Who are you
19 and why are you here?" That's not always the best of things to
23 shave and doesn't cut their hair. You don't even have to think
24 about why I would have that. I'm just a guy that doesn't shave
25 and cut my hair. I'm clean. I don't shave and cut my hair. So
1 what's that mean to people who shave and cut their hair if I
3 shave and cut my hair. So why do I care? Why do I care why you
10 able to do what they do. So I always say, "Hey, can I give you a
18 sir --
4 for what I felt was exclusion that I felt was completely wrong.
6 event. What was the purpose of being in City Hall the day
11 that could happen in City Hall? Well, I'm familiar with the
2 would happen when I went to the place and asked after how I could
6 clearly --
19 So --
3 do. What were -- Mr. Stull, what were you going to do at City
12 the common good. We get to hang out and make things better.
25 another song.
3 "I can't make any money. I can't make any tips playing this
7 and I was -- November 25th, 2016, and it said on the front of it,
13 it. But I knew that that song was right up to the edge, because
16 going to raise the issues of the fact that Charlie Hales was the
21 rules. They can't get the rules to be within because I did that
22 diligent search. And Charlie Hales had signed that, and one of
9 three minutes, was to tie the fact that Charlie Hales had signed
10 that street musician agreement. He was now the major. That was
11 1994 he signed it, and we have that. It's the document that is
14 ordinance, and it says, "Portland City Code 14A dot," and it goes
17 THE WITNESS: I --
21 THE COURT: That does not call for you to repeat all of
1 that --
5 day.
9 when they changed office. I had done it when Charlie Hales had
10 changed office and came into office. But back in the previous
12 was going to raise that issue. And one of the cosigners was
19 THE COURT: Well, and I'm not going to argue with you
20 about it.
3 Kafoury? Well, at the time, she had passed away, but she was on
4 that document that Charlie Hales signed when they were both on
13 question was what -- that you asked yourself, I think, was what
17 irrelevant.
25 MR. MCMAHON: We -- he --
6 step into the jury room. We're going to have a discussion about
7 relevance.
9 MR. MCMAHON: He -- it --
12 are guilty or less likely that you are guilty of the crimes
13 charged.
16 about -- that you were about to give to the City Council, so far
17 as I can see --
7 to either whether you did or did not commit the acts that you are
8 charged with.
19 THE COURT: -- and that that was -- that that was a bad
15 that because, at the time, in October, they had -- the City had
17 crisis. The City had funded PCRI. PCRI was keeping the fire
1 do that or not --
8 a police officer.
10 to --
17 asserted.
20 about the subject matter that you're going to speak on and more
21 about your --
9 predictable, and the fact that they would say I wouldn't come in
21 not get arrested. In the condition that I was in, I was going to
25 arrested. Because --
3 to get me. They came in. Nobody interfaced with me. Nobody --
6 meant that I was under arrest or, as that moment happened, Your
8 hand on his gloved hand to -- and I'm pushing it off, and I'm
11 a police officer," and I just took his hand off of mine, and I'm
12 sliding it off, and I say, "Do you want your thumb back?" And
17 afield.
22 communicating.
18 try.
20 THE COURT: Those are the only things that we're here
4 was correct.
11 you tell the jury that you had an intent to go damage other
17 civil disobedience.
19 but --
22 member of a --
24 going to clear the courthouse. We've had this again, and again,
1 I'm going to clear the gallery. I'm doing that now. So you can
2 leave now.
4 one juror looked over and, again, like seemed to react to the
8 it.
10 anything from the gallery, and I will tell them that I have
18 jury to disregard and not consider for any purpose any comments,
20 gallery. I've asked them to step out because they have done
22 TESTIMONY (CONTINUED)
9 the circumstances that was going on, the landlord and the
12 I got. And I did ask for an ambulance. And I was really shocked
13 that they didn't even call for one. I call people's ambulances,
14 and, you know, you see somebody in trouble and you call an
16 my friend say, "Hey, that guys a drunk." And, no, he was having
18 So I'm really good about calling the ambulance for people. And
6 vent. Trying to keep from getting sicker, and one of the coping
15 that could happen. But just put the DNA out there. We don't
17 I'm not exactly paranoid, but, yeah, I know that you got to watch
18 it.
20 know is Sergeant Axthelm, "When are you going to clear the room?"
24 charge, and I know now. But I didn't know who was in charge.
4 sergeant, "Sit down." And then the next thing you know, there's
5 Todd Engstrom, and he's got his hand on my hand. And I saw this
12 Didn't have any hair. Has a taser right here. Taser's go on one
13 hip, from my experience, gun goes on the other hip. But he's got
14 his taser right here covering up his name tag. That's the guy.
15 Do you see that guy? Do you see that guy with a bunch of
16 Sharpies over his name tag? You watch -- you see that woman with
17 a -- with her -- with her microphone over her name tag? That's
18 the ones I watch out for, because those are the ones that don't
19 want anybody --
6 did you feel was the role of who we now know as Officer Engstrom?
8 bald head, his clean head, his taser obstructing the name tag
10 haste that he didn't even put on his second glove. He was going
12 the man with the strips who told me to sit down. I end up with
14 such haste, he doesn't have his other hand gloved, he says to me,
24 And I say to him, as I take my other hand and slide his hand off
25 of mine, "Do you want your thumb back?" We're apes. We're
1 primates.
9 move on.
12 25th, with Todd Engstrom, gloved hand, on your hand, and his
13 other hand yet ungloved, why did you say, "Do you want your thumb
16 used to hurt people. That thumb, that hand, was on me. His hand
16 Honor, for --
19 (Pause.)
3 say anything you want, pretty much. Done it, right at the line.
5 listen to anybody say anything at any time, and they can do the
6 same thing when I do it. But, no, we don't get to touch people.
7 That's the line. Say anything you want verbally. Don't touch
16 was a room full of people. And people were going to get hurt. I
18 Engstrom, and he was going to try to pull some moves on me, and
19 that was going to be very short lived because his other officers
22 am.
2 feeling it. I'm saying it. State vs. Gaines, it's a Supreme
12 Gaines is something I --
24 state --
11 law --
14 pertinent --
20 were -- at that day, it's part of the rant, and which continues
22 think three minutes playing the guitar, get out of there would
23 have been okay with me. But, no, we instead we had what was
24 going because I was waiting for the ambulance to come. And so,
1 couple of things. And one of the things I said was, "Why would
2 this make any sense? It's April fool." Because, the other
3 thing, Stull vs. Hoke, April 1st, 1998, that's when my case on
4 the -- back -- coming back down from the Supreme Court. And
6 regard, that's --
7 THE COURT: Are you talking about what you said on that
8 day?
10 Gaines."
17 THE WITNESS: No, no, no, no, no. It's just a -- it's
18 just a fact that I mentioned Stull vs. Hoke and the -- who it
21 you know about my -- my case, Stull vs. Hoke? And the April
22 fools was that I did that. I'm mad. Who -- them, people in the
23 room, people not in the room, people are mad I did that.
25 something --
12 that.
15 hurt me bad," what am I going to do? I'm going to push him away
16 from me. That's not going to work. He's going to say that's
18 going in. I'm diving in. I'm going into the warm hands of many,
21 the Amanda Fritz clearing the room, I said, "When are you going
22 to carry me -- when you going to clear the from? When are you
1 where I'm kind of like okay to over to the table, all done by a
3 to kick him, yeah. I didn't. I could have kicked him bad in the
6 compliance holds simply do not work. They make me feel pain, but
9 things were different. But now, if you don't do, go where they
20 going to hurt me, and he did, all the way to the police car.
21 Never said, "Go this way." Never said, "Go that way." Going
22 through the doorway, feet are being -- I'm being dragged and my
1 out in pain, I hear from behind me, "And he kicked me." Get
2 taken down, placed in the police car, see the paramedics standing
3 next to the ambulance parked behind the police car, get placed in
6 was there. And they go from the curb over to the decorative
8 triggers have all been triggered. And I know that this is beyond
19 car for the rest of the day. When I was done, no other officer -
21 that calendar day, because I was the last person in there they
2 statement.
5 key to get in the car and take me the two blocks into the jail.
7 moment, "Look what we just did with Barry Joe Stull. He had to
16 and break the seatbelt mechanism off the roof of the car.
20 car and putting it out of business for the day. Not do, take
23 stress out. I don't use that. I'm not that. I have the
3 I'll talk it out with them to find out where they are at, find
6 over here. I grew up where we had guns all over the place. We
7 took guns to school to learn how to shoot them. Where I grew up,
9 got half school that day, because people went out and shot guns
10 and stuff.
15 again, and it's bent. Looks like it got run over by a truck.
20 people more than I need to in custody, and I had that happen that
23 want to, while I'm still here, talk about the exhibit.
25 THE WITNESS: If I --
6 argument.
10 Yeah.
17 what it is?
22 with my testimony.
4 THE COURT: And Mr. Gibson will see the jury to the
21 THE COURT: You can -- you can step out and come back.
24 or is that --
3 instructions.
10 instructions?
12 (Pause.)
13 (Parties confer.)
2 from the parties' recollection, you must rely on your own memory
3 of the evidence."
8 I'll use the uniform instead. And then I can take out 5 and 6 of
13 course, he did.
21 use this evidence for the purpose of drawing the inference that
4 understanding as well.
10 indication that evidence existed, the State had and they didn't
16 part.
3 THE COURT: They could also, you know, find that it was
4 -- they can find either person was lying. And so if you want it
12 preference?
20 Jury Instructions --
21 (Pause.)
14 they saw a jet plane, and somebody can testify they saw a white
16 evidence.
23 the that long ago was still having an impact the -- you know, the
4 circumstantial evidence in --
16 in that instruction?
20 or omission.
24 advise you --
3 forte, and it's not mine at all. That's why I have the legal
4 advisor.
3 all.
10 But they are not useful for the jury or defining words that the
15 there is not evidence in the record that the conduct actually was
16 necessary.
22 evils is expressed in its name, that there are two things that
23 you are choosing amongst. And the choice here was whether I
11 it's the State vs. Matthews, the incident was that the fellow had
13 get home because he thought his mother -- his sick mother was
15 the scene or whatever it was, was the choice -- was the choice,
17 But, Your Honor, just so you know what I'm not saying,
18 I'm not saying -- and we already have this in the case law --
19 that you can break a police car because you were wrongfully
20 arrested. That is not the kind of theory that I'm going on. I'm
24 and I didn't seem like I was getting any closer to the jail where
11 out --
15 asserting that it --
21 talking about.
25 THE COURT: You have a blank that you have to fill in.
7 coercion.
15 resisting arrest. The first two aren't -- well, the second one
17 that's totally --
19 discuss deadly force. And there was no evidence here that any
20 police officer knew that the arrest was not lawful, nor, indeed,
22 the only part that could be relevant is, "That a police officer
2 that's appropriate.
14 Now --
15 MR. STULL: I --
20 So what I will give is the instruction in State vs. Yen Lin Wan,
1 that force. And the burden of proof is on the State to prove the
6 believed.
11 instructions, correct?
12 (Court/clerk discussions.)
17 with instructions?
8 (Lunch break was taken from 12:39 p.m. until 1:39 p.m.)
15 there.
18 been laid.
20 Go ahead.
13 MR. STULL: Oh, yes. I didn't know you didn't have it.
14 (Pause.)
20 exclusion from City Hall based on the city's report. And it's
1 Wood, said about it. And it's a public record, and it's a
14 jury.
1 rested?
7 (Parties/clerk discussions.)
10 of how long closings are going to be, just for the sake --
23 think I'm going to be showing the video or the audio. I'm just
24 going to be talking.
1 MR. STULL: Which you know I talk a lot, and I'm just
2 going to do that.
6 so.
10 (Jury summoned.)
13 in the case. Both sides have rested their cases. We're now
19 testimony under oath from the stand, then you disregard it. So
23 gentlemen.
25 You deserve a (indiscernible), and the theme was Barry Stull lost
10 from Mr. Stull's own words that you heard this morning, that he
11 knew he was excluded from City Hall and he went down there
12 looking for a fight. You heard him say, "I knew I was going to
15 was doing. Despite him telling you about this amazing, "Oh, I
17 "I was stressed out that day. I didn't want to aggravate it."
18 But then at the same time, he said, "No, I went down there with
21 to make sure I wasn't breaking the law because I was singing it."
1 Mr. Stull doing, on November 25th, what he did here today, create
3 attention from the audience, and the fact that he got to be the
6 up, and worked up, and worked up. And despite the statements of,
9 Did he walk out? Did he follow that exclude order that he knew
21 the point where the Judge had to order him back. He got worked
23 how everyone's out to get Barry Joe. "They're all out after me.
1 I create weapons."
4 invite you to pay careful attention -- and I'm going to play the
6 look at and to see what happens, to see the guy who has Sergeant
7 Axthelm, here, walking around Mr. Stull, telling him, "You don't
8 want -- we've got an ambulance outside. You can just walk out
9 and we'll get you in that ambulance, and you will go home, and
10 you will deal with that pain syndrome." But Barry Stull wanted
22 Chief O'Dea?
1 I've never been -- oh, wait. I got this from my friend, Thomas.
2 MR. DAVIS: All the way over here for this bucket.
3 MR. STULL: You know what this says? "One less bucket
4 drummer."
6 you need to go. You can -- you're more than -- you need to go.
15 the public --
21 MR. COHEN: Two now. We're going to get the press out
22 now, too.
23 (Pause in recording.)
5 of Portland, the crazy things that are happening there. But what
8 down. You heard testimony from Officer Engstrom that they were
12 they only used that force after Mr. Stull punched a police
13 officer. Right up until that point, they were going to walk him
14 out, get him contact with that (indiscernible) respond, get him
20 refused the clear offers for help, the 20 minutes to try and get
21 him out of that room. He's pulling, and Barry Stull, and Barry
24 a cop.
5 record.
8 Mr. Stull.
3 (Recording pause.)
8 the hand, "Barry, we're going to take you outside. We're going
9 to take you to the ambulance. We're going to get that help you
10 want." But watch what Mr. Stull does, riled up, the center of
12 it violent.
7 (Recording ends.)
9 throw him to the ground because they're worried about the pain.
10 The officers don't pull out their taser because they don't think
12 because they don't feel that's appropriate. They don't pull out
13 their guns. They don't pull out their pepper spray. They grab
14 him, try to prevent him from hitting them, take him to a safe
15 place in the area that they've got, and they cuff him. They
16 don't cuff him with just one set of handcuffs. They put two
18 arms behind his back. They make every attempt to deescalate that
19 situation.
21 you the ambulance. We're going to get it," in a calm, low voice.
22 You can see it on the video. Mr. Stull, somehow, in his mind,
23 converted that calm, reassuring tone into, "I'm going to take you
24 to jail, and then I'm going to put you in jail for assaulting a
25 peace officer." Watch that video as many times as you need to.
9 Mr. Stull's face. And you can see the look of anger and rage.
10 And you can see the fact that this wasn't him blacking out. This
11 wasn't him simply losing control. This was him lashing out in
12 anger, that he meant to try and hit that police officer, and that
14 can you -- what else can you infer? From a man taking a closed
21 council chambers.
25 walked him out to that patrol car and he kicks, what they
1 describe as a mule kick, twice to the shin. Now, you've seen all
10 didn't expect that. It's just a second act in this play he has,
13 our voices heard. Even if we may not agree with them. Even if
14 they may seem silly or absurd. But what we don't have the right
16 people step in and tell us what the rules are. And Mr. Stull
18 fact that someone wants to tell him what to do. And that even
21 to do, and he's just looking for an opportunity to lash out, and
24 kicked them again as they were taking him into the patrol car.
25 And once he was in the patrol car, in his own words, mind you,
1 and I wrote them down because I thought they were important, "I
2 tore the hell out of it, and did as much damage as I could. I
17 has opinions. But it's also clear that he knew exactly what he
19 attention, and he got his wish. And when his time in the
20 spotlight was over, he got angry, he lashed out, and he broke the
1 is, I would ask that you apply those facts to that law, and
6 all understand that the Defendant in this case does, indeed, have
9 one point, and then I'll go around. And I'm not going to be
10 showing the video, but we may -- might very well leave that one
11 up there for the -- what I'm about to tell you. Officer Engstrom
18 the things he knows about is this little spot where you can push.
19 And you might try that when you get to the jury room, if somebody
20 wants to volunteer to see how much that hurt. But he does that -
2 need. I'm not going to show you what we've already watched so
3 many times. That's not why I'm here. I'm here to make closing
4 arguments. I'm here to say, this angry face right there, the
7 glove is not on him. You can probably see it laying on the table
10 Michael Cohen, and this is James Wood. Every one of these people
19 am not under arrest. In fact, what I'm saying, "Where is the God
21 that. You can see that yourself. But that's the moment that the
25 the very beginning of the video, about 9:20, 9:25. So this man,
3 ambulance, "We will call you one." Because Officer Singh says he
13 to see one thing. You're going to see that leg of mine, with my
14 lethal force feet, not kicking him. But instead, having that
20 affecting the mule kick, his words, mule kick, losing that
22 snap off the metal fixtures on the roof while I'm still
25 argument. It's not testimony. But I heard some things that I'm
3 getting arrested. You can go across the street right out here,
5 that quote is named after, right beside the river, Martin Luther
12 (indiscernible). They say her feet were sore. Oh, her feet were
13 so sore she didn't want to stand up to give her seat away. No,
15 organization. That was a planned action. She knew she was going
17 She didn't know she was going to get a street named after her in
18 Portland, Oregon, but she knew she was going to get arrested.
23 (inaudible.)
1 How do you know that? Well, not going to be arrested, not going
7 orange. You saw what it was. Or what color is it? It's orange,
8 too. The only likening we have here, is you all have to agree.
9 That's the way it works. The Judge will tell you all that. The
13 of proof. The Judge will tell you what that all means.
16 not unanimous. Judge will tell you what that means. But it
25 make this photograph. You can't read his name because it's
1 blocked by a taser. Oh, who is this guy? He's the guy that
3 taser. He decided not to use a taser, he'll just keep his hand
9 other people and fights, right? What else does he do? He uses
15 That didn't work out. That testimony, that couldn't even serve
17 have their 72 hours. What is the 72 hours? Well, since the day
21 came in after lunch and said so. Something about a bruise on his
23 here, correct, and he let us all know because that was the issue
25 his arm was caused by me, you can believe that the
2 same foundation for that belief. It's all comes from the guy,
3 the day that happened, he filled out the form saying no injuries.
5 got this angry, angry, angry, saying, "Where's the God damned
6 ambulance?" "Oh, we'll get you one." Isn't that teasing? Isn't
7 that how you tease somebody, a dog? "Here. Here. Oh, come on.
8 Come on. Come on. Come on. Come on. Come on." Sergeant
9 Axthelm, "When are you going to clear the room?" "We're not
10 going to clear," and as you see the room is being cleared. Plain
11 and simple. Plain and simple you're about to see. Then I say to
12 him he's not in charge. But what did I say, "Where's the
16 Mr. Cohen, telephone in. What did he say? "Barry Joe Stull is
17 here and he's really worried up, fired up." Something to that
19 the evidence if you even want to consider it. I don't think you
20 even need to consider it. I just need to come down with a non --
21 not guilty verdict and then you can get out of here.
2 matter, the time. You have to rely on, what I said, right there.
4 That orange right now -- right now, this orange has nothing to do
5 with this case on November 25th. Nothing. It does not even come
6 into your mind because it's not entered into evidence in any way.
9 People (indiscernible).
14 evidence.
19 "Oh, we were just going to talk and try to get you to respond,
22 oh, no, we're going to have the paramedics check him out." They
1 reason. There was no reason. You thought this out. Here's what
4 chance. See this is all they want, "We're not going to arrest
5 you." That could have been, "We're going to let you testify.
6 You got your bucket. You got your guitar. We're going to let
7 you testify." They could have made that decision, too, and they
8 didn't.
12 few seconds actually, and I'm going to say to the gal sitting
21 (Inaudible.) And what was right behind there? What was right
23 maybe I was confused. Because right behind that was the actual
1 Once Mr. Cohen makes a call to the police, Mr. Cohen can't call
4 (indiscernible).
6 knows all about that in his chart, and you're going to have it.
9 Don't even bother with that. Don't bother with it. Don't even
10 bother with that. Just look on there for three words. Three
11 words, and that is central pain syndrome. You heard that. You
13 pain syndrome.
17 central pain syndrome. Who didn't hear it? Who didn't hear it?
23 planned, but the plan was that I would be transported out this
5 my left side when I was escorted and when I was kicking. And
6 nobody was on my right side through the main glass door, all the
11 fine notes. When did Sergeant Axthelm get here? When did he
17 so. This moment right here is a product of, and this gentleman
23 the fellow said that I was in the way of him arresting Mr. Davis.
24 Right before that, you can hear this clearly, Sergeant Axthelm
25 says to me, that angry fellow right there, said, yeah, the person
2 Todd Engstrom is pulling my hand. How can I sit down? I'm not
3 under arrest. He says so. Todd Engstrom says I'm not under
4 arrest. How can I sit down? Like this man, his supervisor said,
5 "Sit down," to me, and I can't because he's holding -- now, I'm
6 not under arrest, he's holding me. And the witness testimony was
7 that this man said to this man, according this man, "When you get
9 officer."
20 law.
23 attempting to --
6 the ways that people can legally touch each other and unlawfully
8 when they say it's assault, the Judge will give you the jury
10 here, the charges, we have the jury forms, they'll tell you what
11 crimes you can consider. If it's not on the list, you don't get
17 over here, and who objected? The same man who tells you that I
18 don't mind being arrested. This man wasn't going to arrest me.
19 This man wasn't going to arrest me. Nobody wanted to arrest me.
22 don't know. Does it mean when this man says, "Sit down," and
23 when this man starts up and saying, "We'll call you an ambulance.
24 Just calm down"? Would you say to a starving person, "Do you
1 the bag? That's not -- that's not a problem. We're going to get
16 pain. That was just yelling. I hope the fellow who's training
17 people to use force in the City of Portland doesn't say, "You can
18 use force on them up until the point you hear crying in pain."
24 What was the call for? Mr. Wood, James Wood, this
25 fellow here, he's got the video with -- not this one. This one
1 has the time code. It starts, the video, with him sitting on the
4 Well, that doesn't work out too well, so he calls Mr. Cohen. He
5 called Mr. Cohen, then he calls 9-1-1, said that, "Barry Joe
10 Until the place is secured, even though the ambulance was there,
21 they're sitting around doing their thing. The only people who
25 is what is dangerous.
3 (indiscernible) here. What you all hear isn't the case. This is
10 that one extra time. He doesn't have a case. He's got Todd
16 said that, "Oh, they change it about three years ago," he said.
18 what did they get from the other officers? 940, 940, 940.
22 Guess who was here this week? This guy and this guy.
24 have a very serious condition, and that document from the doctor,
1 don't want to repeat myself too much, but nobody knew what
7 to disregard.
18 You'll see Moses Wrosen touch me. He's my friend. And I said,
19 "I'm going to punch you in the face." And then a cop touched me
20 right there. I'm not under arrest. He's got his supervisor
24 And the Defense witness says, this person with a disability can
8 get to decide who the defendant is. And it's not me.
11 of line.
15 being a defendant is --
20 Your Honor, if you'll bear with me. I'm getting close, within
1 "I'm not going to clear the room." The room is cleared because
3 They built a case that says State vs. Stull. It should be State
4 vs. Engstrom.
7 arguments.
11 Mr. McMahon.
14 stand up before you in the same manner, make the same disjointed
5 and the law. Now, the law is straightforward and clear. With
7 safety officer, you must find that Barry Joe Stull -- and I'm
8 reading from the instruction that the Judge will provide, that
16 are now under arrest." It's simply someone -- and, again, I'm
23 that three officers had to restrain him. When you strip away Mr.
24 Stull's fantasies, and you look only at his action, you'll end up
25 with a clear record of what happened that day. And what happened
1 that day is this. You can see the anger in his eye as he strikes
3 get away from them after they had placed him under arrest.
15 City Hall chamber, knew he was going to make a scene, knew he was
16 going to be arrested, knew that one way or the other he was going
17 to make those cops take him into custody. And when he did, he
22 Mr. Stull. What he did, though hard to understand and seeing him
2 mistake, Barry Joe Stull knew what he was doing that day,
6 and look only at the facts and the law. And I would ask, after
7 you look at those facts and that law, that you find Mr. Stull
10 Thank you.
11 (Court/clerk discussions.)
13 minutes, brief break, and then when we come back I will instruct
20 the decisions about the facts in this case. You must evaluate
22 believable that evidence is. When you make your decisions about
23 the facts, you must then apply the legal rules to those facts and
17 that you find worthy of belief. It's your duty to weigh the
23 guilty.
1 simply to count the witnesses, but you are to weigh the evidence.
6 written jury instructions for your use. When you use these
18 statutes in such cases made and provided, and against the peace
25 and provided, and against the peace and dignity of the State of
1 Oregon.
8 cases made and provided, and against the peace and dignity of the
9 State of Oregon.
20 Defendant is guilty.
8 officer, and;
10 duty.
14 custody.
21 second degree, the State must prove beyond a reasonable doubt the
25 another, and;
9 even though the Defendant may also have had such an interest in
10 the property.
11 however, you may take -- you may consider such things as, 1) the
18 and conclusions are reasonable and are based on your common sense
24 case.
10 weighing such factors you conclude that the Defendant said what
20 evidence or on both.
24 some part of his or her testimony, then you may distrust the rest
4 the use or imminent use of force against him exceeded the force
8 not apply.
18 how many of you are voting not guilty or guilty until you have a
20 criminal case, each and every juror must agree on the verdict.
21 When you have arrived at a verdict, the presiding juror will sign
23 verdict, signal the bailiff. The Court will then receive your
24 verdict.
2 this jury and keep them together until they have arrived at their
3 verdict, and that you will not allow any communications to be had
5 verdict, and that you will not communicate to anyone the state of
8 accordance with the Rules of Court and the statutes of the State
9 of Oregon?
15 will ask you, however, to provide Mr. Gibson with your contact
18 juror so that they can reach a verdict, we may need to call you.
21 But thank you very much for serving as our alternate. It was our
23 mistry the case and try it again. So thank you very much.
2 exhibits with you to examine and reexamine as you wish while you
3 deliberate. So Mr. Gibson will see you to the jury room, and
2 instructions?
4 the correction has been made to the other page, too, page -- an
7 on page --
8 MR. STULL: The one that -- the one that you just said.
12 the substitute --
20
21
22
23
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1 CERTIFICATE OF TRANSCRIBER
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 26 of 29
) Pages 1307 - 1315
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
Verdict.................................................. 1307
2 -O0O-
5 reached a verdict.
12 officer, guilty.
18 requests --
22 verdict which I read was the one for which you voted in its
23 entirety.
9 you all for the attention and for the integrity that you
23 your letters.
8 he's back.
10 Honor.
11 (Pause.)
16 sentencing.
20 I'm sorry.
4 pretrial --
7 And I would also like to get before the Court the materials
13 (Court/Clerk discussion.)
5 jury verdict.
19 The things that you have frequently offered are not in fact
23 assume anything.
6 the order.
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1 CERTIFICATE OF TRANSCRIBER
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 27 of 29
) Pages 1316 - 1325
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
11 for. Now is the time and place set for sentencing. I'll let
19 documents.
25 documents.
5 November 25th. I'm not sure how Mr. Kelley and Mr. Stull want
7 that they have a chance to review those documents and make any
9 packet of documents.
11 Mr. Kelley.
19 is and --
6 it over.
11 MR. MCMAHON: Would two weeks work for you, Mr. Kelley
14 point.
17 of course.
1 (Court/Clerk discussion.)
4 it.
12 by any chance? Mr. Stull will be here for call that day, that
13 morning.
1 (Court/Clerk discussion.)
2 (Counsel confer.)
5 case, yes.
16 8:30 --
1 and then again on the 7th through the 10th and potentially the
7 can't do that.
12 And I know that may not be before Your Honor, but it might make
17 everyone is --
4 (Indiscernible).
10 Thursday.
12 29th.
15 (Court/Clerk discussion.)
17 remind me.
2 another case.
21 you're --
20 (indiscernible).
1 CERTIFICATE OF TRANSCRIBER
13 Salem, OR 97302
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 28 of 29
) Pages 1326 - 1349
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
Sentencing............................................... 1326
2 -O0O-
5 computer --
6 (Pause)
25 bar number 033539. I believe Mr. Stull would like to make his
14 disability.
21 July 17, 2012. I was arrested then twice on July 19, 2012.
5 Yeah.
7 THE COURT: If it is --
17 opinion.
4 my --
6 second.
1 (Pause)
6 (Pause)
10 printed out on --
13 a page cite, Your Honor. But I don't think you need to read
16 today for these events that happened in 2015. Because I'm going
17 to say that I'm still the same person enduring the same
20 conduct by the police that began long before the arrests at issue
3 condition caused him to act in ways that led to his arrests for
16 to find that the Court of Appeals was wrong. You were properly
23 what central pain syndrome was and they also testified that
1 prosecute and the Court continues to rule that the fact that I
2 have this disability plays no role and the fact that this --
7 services, Your Honor, and your court clerk here, that would be
15 going to happen.
17 medical attention that they need and allow them to get sicker
18 and sicker and sicker -- when I know that in 2011 my pulse was
13 to policies. And that -- and I gave the Court the case cites on
17 the tracks. And that train on the tracks is headed for a cliff.
25 Police and the Multnomah County District Attorney and the State
4 where somebody left the middle "E" off of my middle name, which
5 was assigned as yet another aka. The same people that gave
6 this opinion that you say shows I was rightfully convicted are
10 intended.
13 and they don't all ask that. So I will give you the decorum
18 for --
4 That's the point I'm making. I'm the person with the
5 disability. I --
24 once again.
2 now.
4 me all the way out the building into the police car. It's an
9 somebody.
14 And I would have had two years bench probation. Now, I was in
18 I refused --
6 THE COURT: So --
18 was -- the jury came down with a verdict, and through the
21 research for the book, that apartment has been vacant. It's
4 the verdict coming back, I could hear the Black Lives Matter
10 parole officer and they see the kind of charges that I'm facing
11 and they see the kind of bad guys that they interact with all
16 And I think we all know that this stuff that's going on here is
17 pretty bogus.
23 please --
4 name --
6 sentencing --
8 THE COURT: -- please sit down and I'll hear from the
9 State.
11 to gain.
16 to gain.
17 (Counsel confer)
21 turn over a packet -- and I put that on the record last time --
24 turned that over to Mr. Stull. I also emailed him with some
3 And I just want to make that clear for the record that we
4 provided him with that and we gave him time to review it. It
5 doesn't sound like that's the basis for any of his motions for
10 think clearly here there are some ongoing issues and I think it
15 some issues here that have been ongoing both with his medical
20 are the terms, as well as obey any police commands if they are
15 charges?
6 (indiscernible).
13 straighten out the record here. I would point out that the
14 2012 harassment case was done at the time when we had what we
24 that case.
2 laws on that. And I would also point out that even in the case
6 firings of my physiology.
8 don't want to be painted with the same brush that gave me all
25 (Pause)
6 paperwork right --
15 is -- let's see.
20 it to the State.
22 1990.
4 distribution.
2 Statutory fees.
4 restitution order.
16 custody or not.
19 (Indiscernible).
1 CERTIFICATE OF TRANSCRIBER
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STATE OF OREGON, )
) Multnomah County
Plaintiff-Respondent, ) Circuit Court
) No. 15CR53749
vs. )
) Appellate No. A164154
BARRY JOE STULL, )
aka Barry Joe Stully, ) Volume 29 of 29
) Pages 1350 - 1367
Defendant-Appellant. )
______________________________________________________________
APPEARANCES
2 -O0O-
11 time and place set to address Defense's motion for a new trial.
13 Mr. Kelley --
18 cannot appear for him and you could not file this motion for
19 him.
1 THE COURT: I --
7 look at that.
12 well, I'll hear the arguments, but I still think that this is
15 the motion.
21 qualifies for one and whether or not it will be paid for by the
24 to have his cake and eat it, too. Have a lawyer when he wants
1 get to do that.
8 Your Honor. Today I'm chewing gum in the court because I have
25 with procedurally.
9 civil rights and the execution of that law through any branch
12 procedure.
24 So really I'm two phone calls away from living my life, having my
25 two years' probation age out after one year, having this all be
16 and as I said, two phone calls away from being free of this
8 the arms -- the loving arms of people that have guns and kill
11 Justice. (Indiscernible) --
23 you don't even accept that Mr. Kelley has the authority to file
25 here that what was going to happen was Mr. McMahon was going to
1 produce whatever he could and you were going to agree with him.
2 And I was going to have that before the Oregon Court of Appeals
4 entered.
14 drunkard Lee Johnson who didn't even have a record. And I had
24 Mr. McMahon, I'm too sick to even meet that ten-day deadline.
15 Good morning.
19 motion very briefly. First and foremost, Mr. Kelly is not his
21 line. He's his legal advisor. And Mr. Stull gets to make all
23 again, Mr. Stull and Mr. Kelley were repeatedly informed by the
24 Court during trial that only Mr. Stull could make those legal
6 represent yourself and you take all the perils with that -- and
9 result of that risk where he did not properly file it and the
13 Mr. Kelley's motion and say that it was filed by Mr. Stull,
14 it's clear here that it doesn't meet the standard for a new
19 representing himself.
10 diligence would not have uncovered the records, the Court must
13 new trial. Mr. Stull has in his argument really only pointed
14 to one thing, and that's stating that he was going through PTSD
16 Mr. Stull has not made any showing that that would have in any
20 denied. And I would ask the motion for a new trial be denied.
18 fact that it's evident that if this was discovery that wasn't
6 material rights.
9 note for the record that we had -- that nothing in these things
11 it carefully. For one thing, what you gave me, it was largely
23 always at issue.
3 THE COURT: But what did they say that could have
9 State of Oregon -- this was all -- this case was at city hall.
10 There's no doubt that the City of Portland was involved and the
11 G4R security guards who were witnesses here were involved. And
2 right here in this courtroom where Mr. McMahon said, oh, Mr.
9 me, the prior public defenders that I had. This case should
10 have been over long, long ago because it should have been
12 case and this prosecution against me any more than I could get
14 down. You know, you have to hit them on the head with a
15 hammer. And I'm not going to hit this Court on the head with a
16 hammer. The Court's the one with the hammer and I'm the one
17 with a pen. And I'm just going to take this all with a paper
19 record.
21 dead horse. I have not been given justice since the day I
5 intends to appeal.
22 it was filed it was filed more than ten days after the judgment
25 So --
4 motion.
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1 CERTIFICATE OF TRANSCRIBER
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Record designated in its entirety
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Record designated in its entirety
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Record designated in its entirety
Verdict? Yes No N/A
Comments: p 1295
Please check one or more of the boxes below to indicate whether the transcript you have prepared is
complete or whether there were any designated proceedings, or portions thereof, that you were not able
to transcribe. Please return the completed form to the Office of Public Defense Services with the
transcript and Provider Fee Statement.
9 Complete Transcript
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Missing Recordings
Audio recordings of some or all of the proceedings listed in the Designation of Record are
missing. Specifically, there are no recordings of the following proceedings:
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9 Inaudible Portions
Portions of the audio recordings are inaudible for at least 15 seconds and could not be
transcribed. The inaudible portions are noted on the following transcript pages:
x 9/19/16: Jury selection from pages 446, line 5 through 485, line 9 -- difficult to hear
attorneys and jurors throughout the entirety of jury selection.
x 9:19:16: Opening statements by both attorneys were different to hear as they appeared to
not be standing by a microphone.
x Mr. McMahon, Plaintiff attorney, was oftentimes not appearing to stand by microphone,
so he was difficult to hear.
Other:
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