NOTE | This is a raw collection of notes and media regarding the denegration of justice at the hands of demons, and is not ready for publication (i.e., it is in draft form); however, updates are planned in the future.Judge Richard Seeborg granted a motion to withdrawal as counsel brought by Kaye Scholer, who he had previously assigned as my attorneys in my cop brutality case, without a hearing on the motion, which I specifically demanded in a phone call with Kaye Scholer.
This move was forecasted by the Voices Demons before my intake interview with Attorney David Saunders, a known collaborator with these demons, and Marissa Armanino Williams, who is a distant relative of Karen Williams, an infamous gang-stalker from the 2006 debacle that led to the events now described in the lawsuit.
Breaking rules is not the only offense committed by Kaye Scholer; not doing any work at all on a case, while billing the court for their time, is another one. Listen to my phone call with Ms. Williams, in which I note that Kaye Scholer, over seven months after taking the case, has yet to do any substantial work on the case:
http://www.mediafire.com/file/06jdy1d1a5rvhji/02-24-2012_at_4.47_PM_with_Marisa_Armanino.mp3
This violation of Federal Rules of Civil Procedure will not go unchallenged, and updates on my efforts will be posted here; however, in the meantime, you can get up-to-speed on the case by reading the facts of the case and the legal basis for the lawsuit on Scribd.com or by reading the document below:
Opposition to Defendant Flores' Motion for Summary Judgment
You can also watch my first interaction with Kaye Scholar in a video of my intake interview on Vimeo at:
You can also read the transcripts, below:
Saunders
|
We're gonna have an attorney-client privilege between us; so, everything you say here in this room is privileged—no one else can find out about it. So, uh, because it's privileged, we ask that you don't talk to anyone else outside this room.
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Bush
|
Not a problem.
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Saunders
|
Okay…
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Bush
|
It's only going to get me in trouble, anyway… [laughs]
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Saunders
|
Yeah. [chuckles]
|
Bush
|
…considering the nature of the case.
|
Saunders
|
Sure, sure. Um, and everything's obviously completely confidential; so, you should feel free to tell us anything, everything because the more information we get, the better we'll be able to assist you. The last thing that we would want—you would want—is for something to come up at trial that we didn't know about and surprise us, right?
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Bush
|
Sure.
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Saunders
|
Okay. Um, let's see: so, we have, uh, an engagement letter here [that] basically sets out the terms of our representation of you. Um…
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Williams
|
Let us know if you have questions; it's pretty standard and our firm does requires [sic] it, you know, as a matter of procedure. So, you know, feel free to look it over…
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Saunders
|
Yeah, yeah. You don't have to…you don't have to do it now.
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Bush
|
Okay.
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Saunders
|
You can, if you'd like to; it's up to you.
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Bush
|
Maybe, uh—"out of pocket costs of an unusual nature"—I'm sure that won't come up.
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Williams
|
Mm-hm.
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Bush
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What kind of things usually come up (so I can be prepared)? "Out of cost pocket?" Uh… "Out of pocket costs of an unusual nature…" What would that be?
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Williams
|
I mean, I don't think anything [that] we anticipate in this kind of case…
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Bush
|
Mm-hm…
|
Williams
|
…but, if something did come up, we would have to clear it with you first…
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Bush
|
Oh, okay.
|
Williams
|
…um…
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Bush
|
Oh, okay; so, I wouldn't be surprised.
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Williams
|
Yeah, no; we wouldn't hand you a bill later and…
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Bush
|
What about medical fees? I'm sure you're gonna want, like, medical examinations and things like that, right or no?
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Saunders
|
Uh, you…you mean, the fees that it would cost to get those records?
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Bush
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Yeah, well, not that; but, um, also, like, an examination…
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Saunders
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Oh, the exam…
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Bush
|
Yeah…
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Saunders
|
…have you examined.
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Williams
|
Yeah, I mean, that's something to be determined. We kind of have to wait until the stay is lifted and meet with the judge to determine what other discovery we're going to be able to do. Um...
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Bush
|
Okay.
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Williams
|
…so, that's something that we'll probably, you know, cross that bridge when we come to it.
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Bush
|
I'm sorry: where do I sign? Not there…
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Saunders
|
Uh, no, no. You sign right there.
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Bush
|
Yeah.
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Saunders
|
By the way, do you want any coffee or water or anything?
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Bush
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I'm good, thanks.
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Saunders
|
Okay.
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Bush
|
Happy Halloween, by the way.
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Saunders
|
Yeah, same to you.
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Bush
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Okay. There you go.
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Williams
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Alright.
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Saunders
|
Thank you.
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Williams
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And, we'll scan that and send you a copy, as well.
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Bush
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Okay.
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Saunders
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[to Williams] Is this your pen?
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Williams
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[to Saunders] Uh, yeah.
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Saunders
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[to Williams] Okay, is there any…any other preliminary matters you want to go over?
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Williams
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[to Saunders] Yeah, I think that's pretty much it.
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Saunders
|
Okay, I…so, I think we'd like to just jump in and have you give us a narrative of what happened.
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Bush
|
[sighs] Okay.
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Saunders
|
Let's start with, um…I guess there was this phone call—someone called the police for some reason, right?
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Bush
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Well, I guess—I mean, that's what the report said; I wouldn't know anything about it. What was said, um, in the police report—you already have a copy of that, I think; but, I'll just reiterate it—it was said that, uh, someone called on me, and said that I had, um, turned off some lights in the building I live in.
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Saunders
|
Right.
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Bush
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Um, I contend that I was at the law library at the time.
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Saunders
|
Mm-hm….
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Bush
|
And, um…
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Saunders
|
Which law library?
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Bush
|
Uh, the Santa Clara County Law Library. It's on, uh, 360 North First Street. But, regardless, that didn't warrant the response that they had, so…'cuz, I mean, that's not a penal code [violation] of any kind, right? I mean, if I live in a building and I turn off lights in the hallway or whatever, that's…
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Saunders
|
No, we're…I'm not actually sure about…
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Williams
|
Yeah…
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Saunders
|
…that, to be perfectly honest. I…it…it's a non-violent offense, even if it was an offense.
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Bush
|
Yeah, it isn't an offense; but, even still, even if you went with, like, disturbing the peace—which would be a big stretch, I think, that's not, uh…I wasn't there…
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Williams
|
Mm-hm.
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Bush
|
…(you know what I mean?) when they got there.
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Saunders
|
Right.
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Bush
|
So, um, anyway, that was the only complaint that came in; and, then, um…so, I got home [and] my roommate told that the police had been there, and [then] told me why; and, I didn't worry about it because, you know, there's always problems in that…in and around that area—and, certainly with them ever since, you know, the first lawsuit. And, um…so, I didn't really worry about it; but, then, they, um, they called him on his cellphone, and I guess they had arranged something because he opened the front door to our apartment—left it wide open—like, pushed it all the way open, which was really weird, walked out of the apartment, pushed the locked apartment hallway building door open…building hallway door open…and, um, left that wide open, and then they came storming in and did their thing. So, um, he was aware of…of what was gonna happen, I think, prior to it happening.
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Saunders
|
Okay, so, you think the police spoke to your roommate?
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Bush
|
I know they did.
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Saunders
|
Okay. And, that he let them in?
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Bush
|
Yeah, yeah. That…
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Williams
|
And, he left at that point, right?
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Bush
|
He walked right out, yeah.
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Williams
|
Okay.
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Bush
|
Now, he apparently was close enough to hear what didn't happen, which was me yelling at cops. They said that what instigated the incident of, or, the use of force was my, um…you know, they said, "yelling," in the report; they didn't give a fancy word to it or anything.
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Saunders
|
Okay.
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Bush
|
Um, he said…he said in criminal court that that did not happen; that the only time he heard me yell was when they hurt me—not when I walked out of the apartment.
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Williams
|
Okay.
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Saunders
|
Do you know when, uh, where he was?
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Bush
|
He was on the balcony just outside the, uh, building hallway door, which is a screened door; it wouldn't have been obstructed by anything. He would have heard that.
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Saunders
|
Mm-hm.
|
Williams
|
Mm-hm.
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Bush
|
He would have heard everything, if not see everything; but, he didn't testify as to whether or not he saw anything, he just mentioned—he was asked by my attorney, "Did…was there any yelling?" And, he said, "There was no yelling except when they hurt him."
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Williams
|
Okay.
|
Saunders
|
Okay, so, let's start, um, uh, when the police come in your door. Why don't you give me a step-by-step of what happened?
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Bush
|
So, they came in—I didn't know it was them—they came in and, um, they didn't come in the apartment, they, uh…they walked in the, um, the hallway and stopped, and [then] said, "James, come out."
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Saunders
|
So, at this point, they're not inside your apartment...
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Bush
|
No...
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Saunders
|
…they're outside your front door?
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Bush
|
…they're outside my front door, but in the building.
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Williams
|
Okay, so, like, the communal hallway.
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Bush
|
Right.
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Saunders
|
Okay.
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Bush
|
I come out and there's four flashlights, approximately, shining in my face—maybe five; I…I…I seem to only recall four—with guns in the beams of the light.
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Saunders
|
Their guns were drawn?
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Bush
|
Right, right. They're screaming like something had happened really bad.
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Williams
|
Mm-hm.
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Bush
|
I mean, they're screaming… I can't even… They're, like, almost inaudible to me because they're just…they're yelling and trying to scare me—and they did. And, I'm just, like, "Calm down. What happened?" And, that's when he pulled out his Taser gun and shoots me. He was as close to me as I am to you.
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Saunders
|
He was that close to you?
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Bush
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He was that close.
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Saunders
|
Okay. And, it…the doctor said the prong actually shattered a rib and embedded itself in a rib. Er, when they pulled it out, there was a piece of rib stuck to the actual prong…
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Williams
|
Okay.
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Bush
|
…of the…the Taser. Um, this is what I didn't know happened until Dr. Lukrich told me, or asked me, "Did this happen?" He said, "Did they pounce on you over the point where the prong was embedded in your rib?" I said, "Well, yeah, it did, when they handcuffed me." And, he said, "Okay, well, that caused your rib to break."
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Saunders
|
Interesting. So, you were face-down, on the ground…
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Bush
|
I was already on the floor, with my hands…
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Saunders
|
…with your hands behind your back…
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Bush
|
…with my hands behind my back…
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Saunders
|
Okay.
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Bush
|
…and he, um, he didn't leap on me; he just put his knee on me while he was putting the handcuffs on, and was pressing down real hard.
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Saunders
|
Okay.
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Bush
|
And, that…that caused the break in my rib.
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Saunders
|
And, that's what the, uh, doctor said?
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Bush
|
That's what the doctor said.
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Williams
|
Mm-hm.
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Bush
|
How much of this he wrote down, I don't know; they won't give me copies of my medical records until—they said—November. Er…
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Williams
|
Mm-hm.
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Bush
|
That could be any one of those days, I don't know.
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Saunders
|
Okay.
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Bush
|
But, I made the request and…for the Independent Police Auditor's Office, and, um… Yeah, I want to talk to about all of that; but, anyway, um, yeah, so… I don't know what he wrote down; I just know what he said in the exam. I…I…I was, like, I didn't know I had fractures and shatters and all that and stuff.
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Saunders
|
Okay. Um, so…
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Bush
|
And, then he pulled up the…the arm, with handcuffs on…
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Williams
|
Mm-hm.
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Bush
|
…and that…you can still…you can see, actually, there's two things right here… [points to left shoulder]
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Saunders
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Is that right?
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Bush
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…and only one over here. [points to right shoulder] Yeah.
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Saunders
|
Okay.
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Bush
|
You can't see it through the shirt; but, anyway, yeah.
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Saunders
|
Okay, yeah. Well, we'll definitely come back to that.
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Bush
|
Alright.
|
Saunders
|
Let's take a couple [of] steps back here…
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Bush
|
Alright.
|
Saunders
|
Um, so, when they're standing at the door to your apartment, and you came out of…your bedroom, I guess?
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Bush
|
I was…[sighs]…it's the living room-slash-bedroom because it's—it's not a studio; it has a bedroom—but, we had that room designated for other uses; so, our room—our bedroom-slash-living room was a, like, a small bed…
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Williams
|
Mm-hm.
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Bush
|
…with the TV over there, da-da-da-da-da-da.
|
Williams
|
Mm-hm.
|
Saunders
|
Yeah.
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Williams
|
Clearly. If you want, can you just draw…?
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Bush
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Yeah.
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Saunders
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Just sketch your apartment; I'm…I'm not able to visualize it.
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Bush
|
Sure. [sketches] This…this is a parking lot…
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Saunders
|
Okay.
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Bush
|
…downstairs. We are on the…we were on the second floor; but, it's the same as like a third floor because, underneath, are businesses that are two-stories high.
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Saunders
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Oh, I see. Okay.
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Bush
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This is the balcony; it's huge.
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Saunders
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Okay.
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Bush
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Um, here's the doorway. You know, so you climb up the stairs. You know, the door here. Here's the hallway.
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Williams
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Mm-hm.
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Saunders
|
And, that's the inside of your apartment, there?
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Bush
|
No. The, uh...
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Saunders
|
Okay, that's the, uh…
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Bush
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There's another apartment here.
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Saunders
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Oh, I see, I see…okay.
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Bush
|
And, then, um, there's like a landing right here. Then, there's another apartment here; and, then, there's a another apartment here. These are stairs toward…down towards the front door…
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Saunders
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Okay.
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Bush
|
…of the…of the building—down to the first floor. We're in here—number four—right? And, um, I'm in bed right here—I was sick at the time.
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Saunders
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Okay.
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Bush
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Um, they come in…come up here, apparently. Long, my roommate at the time, opens this door, opens this door, [and] they come in about this far…
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Williams
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Mm-hm.
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Bush
|
…alright? Uh, they screamed… I don't know they are police. Obviously, they came with the flashlights and the guns—that was my automatic assumption; but, that was not my highest priority. They were screaming, one over the other…
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Saunders
|
Mm-hm.
|
Williams
|
Mm-hm.
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Bush
|
…I didn't what know the fuck.
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Saunders
|
Mm-hm.
|
Bush
|
…I mean, honestly. There was no incident that would have expect…expect me… I mean, I should…I guess maybe I should have expected them to come, in a way, now that I think about it, because they called, or they came by…
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Williams
|
Mm-hm.
|
Bush
|
…but it…when I heard what it was about, I'm, like...
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Williams
|
Mm-hm.
|
Saunders
|
Mm-hm.
|
Williams
|
And, you had been sleeping, as well, at that time?
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Bush
|
Well, I got back from the law library… Oh, okay. So, the…the incident happened at 4:30; I got back from the law library at probably, like, 7, 7:15, [and] was in bed by 7:30 when they came.
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Saunders
|
Okay.
|
Williams
|
Mm-hm.
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Bush
|
Approximate times. Yeah, yeah, yeah. So sorry; didn't mean to confuse you there. Alright, so anywho, I come out the door here and…
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Saunders
|
Okay, so, you came to the front door?
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Bush
|
I came outside; stood right there.
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Saunders
|
Okay.
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Bush
|
And, Officer Flores is right here. And, you know about Officer Stephen Payne, Jr., right?
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Williams
|
Mm-hm.
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Bush
|
Who is also present.
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Williams
|
Mm-hm.
|
Bush
|
Okay, you know about his…?
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Williams
|
Yeah.
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Bush
|
Okay. Alright. He was there. It was just a little posse; that's what they were, you know. The fact that he's the only one who got in trouble—it blows my mind. But, anyway, um, seems like a bunch of people should have come out of the woodwork on…on those guys. But, anywho, um, that's where everything happened from there. Uh, this is the landing where he injured me after I was handcuffed.
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Williams
|
Mm-hm.
|
Bush
|
Uh, so, I was, like, right in front of this apartment right here.
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Saunders
|
Okay.
|
Bush
|
I don't know if there was any other witnesses.
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Saunders
|
Okay.
|
Bush
|
Um, I do know that some officers talked about doing this to me at some point—oh, as far back as a year and a half ago—with people they knew…
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Williams
|
Mm-hm.
|
Saunders
|
Mm-hm.
|
Bush
|
…who also knew me.
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Saunders
|
Mm-hm.
|
Bush
|
Those people mentioned it to me eventually; but, that's only after they accidentally recorded themselves talking about it. So…don't even ask how that happened, unless you need to know. But, I sent you a copy of that recording with an explanation. Did you get the explanation, or just the…I think it said, "The actual attachment?" Because I'm looking in my Drafts folder, and it just says that I…that the explanation to the whole recording didn't go through. So...
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Saunders
|
That's right; we did not get the explanation.
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Williams
|
Yeah.
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Bush
|
[sighs] Okay, I'm so sorry. Let me…let me just follow-up with that. And, so, that's…that's about everything I can tell you that you would need to know, unless there's something else you can think of.
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Saunders
|
Um, so, let me ask you this: when you…so you came out of your apartment, and as soon as you came out… So, when he shot…I…guess I'm trying to figure out how he got as close to you as he was when he shot you. When you came out, were…were they just, like, right there, right in front of you?
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Bush
|
They were right there.
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Saunders
|
I see.
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Williams
|
Mm-hm.
|
Saunders
|
Okay.
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Bush
|
Yeah, just waiting.
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Williams
|
Mm-hm.
|
Saunders
|
Okay.
|
Bush
|
Yeah.
|
Williams
|
Okay.
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Saunders
|
And, uh, how big were these guys?
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Bush
|
Good question. Um, Officer Flores is not all that big; but, he's with four men. You're…you're actually going over the, uh, excessive force checklist or what-not…
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Saunders
|
Right.
|
Bush
|
…size…size comparison, and that kind of thing. They were all four male, there were four of them…
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Williams
|
Mm-hm.
|
Bush
|
…the other three are largish, especially Officer Payne, Jr.—he's a giant. And, um…
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Saunders
|
You didn't know how tall?
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Bush
|
I would say…
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Saunders
|
Would you say over six feet?
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Bush
|
Over six feet, and then some, yeah. Six feet and some change, for sure.
|
Williams
|
Heavy set?
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Bush
|
Not fat; but…
|
Williams
|
Mm-hm.
|
Bush
|
…ready to rock-and-roll.
|
Williams
|
Mm-hm.
|
Saunders
|
[inaudible]
|
Bush
|
Yeah, yeah. Very well-suited for his job.
|
Williams
|
Mm-hm.
|
Saunders
|
What was his name again?
|
Bush
|
Officer, uh, Stephen Payne, Jr., uh, two...
|
Saunders
|
…Stephen Payne, Jr….
|
Bush
|
three-three-one, I think, is his badge number. I can look that up for sure…ugh! I'm sorry, I just did volunteer work all day long; I'm exhausted. [laughs]
|
Saunders
|
What, what…
|
Bush
|
So…
|
Saunders
|
What kind…?
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Bush
|
I was just cleaning their baseboards and their refrigerators and things like that…
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Saunders
|
Wow, that's a lot of work.
|
Bush
|
…over at Grace [Baptist] Community Center. It…you know, getting down on your hands and knees and scrubbing…yeah...
|
Williams
|
Yeah.
|
Saunders
|
[chuckles]
|
Bush
|
…all day long, for four-and-a-half hours. I'm exhausted, you know? Um, I can't find my Drafts folder in here. It's on my phone, but not here; so, I don't know what to tell you. But, the explanation is pretty simple.
|
Williams
|
Okay.
|
Bush
|
It's where two people inadvertently recorded themselves discussing something that, uh, police had told them, which went along the lines of, "When James gets to jail, they're gonna beat him like a motherfucking dog." Now, you read the letter, right? So, that gave you…
|
Saunders
|
Right, yeah, we saw that.
|
Williams
|
We saw that, yeah.
|
Bush
|
Alright.
|
Saunders
|
Um, do you…who…who were the people in the tape?
|
Bush
|
Uh, um, that would be, um, Robert Malnburg, Jr.—and, of course, that's all in the letter—and, then, um...
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Saunders
|
That's in the letter.
|
Bush
|
…Daniel Anthony Napolitan.
|
Saunders
|
And, how are they…how do you…
|
Bush
|
[sighs]
|
Saunders
|
Do you know who they are?
|
Bush
|
Yeah…
|
Saunders
|
[inaudible]
|
Bush
|
Yeah, well, I mean, they were just…are connected to the problem. Um, they are certainly not innocent of anything that happened, but, uh…prior to all of this—It kind of led up to, uh, I think, the animosity between me and certain police officers. But, um, they seemed to know what was gonna happen, what was going on. So, I mean, they would be able to explain that better than I would. You know, I have…I have learned the hard way not to do too much of my own investigative work, especially with people like this because it just does not pay…
|
Williams
|
Mm-hm.
|
Bush
|
…it will get you into trouble. So, I…what I'm happy with is that I have the fact that they knew of it prior; we have something to refresh their memory, you know?
|
Williams
|
Mm-hm.
|
Bush
|
Obviously, we can't just play it and say, "What did you say here?" You know, it's not that kind of a court case, right? But, uh…plus, I don't think it can be admitted into evidence in that way, right? I mean, it has to be their, like, a consensual recording.
|
Williams
|
Yeah.
|
Bush
|
But, I do think that there're…certain things can be used to refresh a witnesses memory, right?
|
Saunders
|
That's right, yes.
|
Williams
|
Yeah.
|
Bush
|
Right. So, anyway, they can't go back on what they said; they can't say, "I don't know what the hell he's talking about; he's a tweaker, " or whatever, you know?
|
Williams
|
Mm-hm.
|
Bush
|
I…whatever they would say. But, uh, uh, I'm happy that we have that much, and I think that's more than enough. Anything else, um, that we might need from them, I mean, we would have to get…
|
Saunders
|
Well, if we need to talk to them, we can do it through a deposition or something.
|
Bush
|
Right, right. That's…that's…that's the best way to go…
|
Saunders
|
Yeah, uh…
|
Bush
|
…because I'm not going to get involved anymore; that got me hurt. So…
|
Saunders
|
Okay. So, uh, are these guys cops? What do they do for a living?
|
Bush
|
[chuckles] Well, um, good question; I don't know, for sure. I don't know...I don't think they're cops.
|
Saunders
|
Okay.
|
Williams
|
Mm-hm.
|
Bush
|
Um, I think they're just common thugs, who might have cop friends.
|
Williams
|
Mm-hm.
|
Saunders
|
How did you get the recording?
|
Bush
|
Well, one of them actually stole my recorder from my house, and, um…he…it set, like… If you hear the whole recording—I just gave you the excerpt that's audible; there's a much larger part of that conversation, I have a feeling—and, the rest of it is, like, jostling around. So, I think [that] when he stole it, he had it in his shirt or in his pants or in his backpack, and it clicked on.
|
Williams
|
Mm-hm.
|
Bush
|
Um, I made it known that it had been stolen from me; somebody returned it to me—somebody that had contact with him and saw it, and, lo and behold, there's something on it. I'm listening to it, and, of course, I shit myself because it's pretty bad stuff.
|
Saunders
|
Mm-hm.
|
Bush
|
So, um, that's…that's the story on the recorder.
|
Saunders
|
Okay.
|
Williams
|
Okay.
|
Bush
|
I don't think he meant to record himself or he would have done it, maybe, better, I mean, you know?
|
Williams
|
Mm-hm.
|
Bush
|
Because, I mean, it's like two-and-a-half hours of [imitates crackling noise], and then, right in the middle, like, two minutes and thirty seconds of it is…
|
Williams
|
Mm-hm.
|
Bush
|
…somewhat audible. I mean, you guys would have a hell of a time understanding what's being said, unless somebody told you…
|
Saunders
|
Yeah, we've, uh…
|
Williams
|
Yeah.
|
Saunders
|
Actually, we're not able to understand…
|
Williams
|
It's really hard.
|
Bush
|
Yeah, I'll have to go over it with you…
|
Saunders
|
Yeah.
|
Bush
|
…if you find it of interest.
|
Saunders
|
Okay, okay. That sounds fine.
|
Bush
|
Otherwise, let's just… It…it isn't key to the case. I mean, there are so many other things that… I mean, if you want to make him really, really look bad—like he came in with the intent of doing it—and you wanted to clean up on some money that way: okay, go that route.
|
Williams
|
Right.
|
Bush
|
But, just to prove the case, I think that…that checklist you've started to go through with the size of the officers and so [forth]…
|
Williams
|
Mm-hm.
|
Bush
|
…is more than sufficient.
|
Williams
|
Yeah. We'll…
|
Bush
|
But...
|
Williams
|
…we'll definitely evaluate it; but, it's good to know that it's out there, and…
|
Bush
|
Right. I'm just glad that I put it out there
|
Saunders
|
Yeah
|
Williams
|
Yeah.
|
Saunders
|
Okay, very good. Um, so, you…I…we have two…two of the offset…officers at the scene: Flores, obviously…
|
Bush
|
Right.
|
Saunders
|
…Payne. Do you know the other two guys?
|
Bush
|
Uh, yes. Um, I started to put something together with their names on there; I just don't know what it is. Let me take a look in the Flores folder here.
|
Saunders
|
Take your time.
|
Bush
|
Yeah, it must have been in jail that I was doing that. Let's just go ahead and look at the police report; I know I have… I have none of the defendants' stuff to me. I don't have that in my [inaudible]…
|
Williams
|
You can always, you know, send us things later on.
|
Saunders
|
Yeah, you can always…
|
Bush
|
Should I just make a list of that for you?
|
Saunders
|
Yeah. Why don't you just put it on a checklist? That'd be perfect.
|
Bush
|
[inaudible]
|
Williams
|
Have you ever encountered any of these police officers before or…
|
Bush
|
Probably.
|
Williams
|
…was this the first time? Mm-hm.
|
Bush
|
I mean, not as a…as a, um…because they stopped me or anything; but, um, they're…because of the first round…the first lawsuit, I mean, I had a lot of problems with everybody. So, you know, I am…so, there were different things going on. I wouldn't recognize them because I didn't get a good look at everybody; but…
|
Saunders
|
Mm-hm.
|
Bush
|
…I've run into so many people, I doubt that I would [inaudible].
|
Williams
|
Mm-hm.
|
Saunders
|
What was the, uh…what was the first lawsuit?
|
Bush
|
The first lawsuit was, basically, some cops got caught red-handed participating in some robberies and things like that. That's still pending in federal court; but, I don't think that's going to go anywhere—it's too large for me. Even though I have actual audible recordings of them doing things they shouldn't do, I don't have any representation on it…
|
Saunders
|
Mm-hm.
|
Bush
|
…and I can only do so much and so…with everything going on, and having been in jail, losing everything I have, trying, you know…living hand-to-mouth, having to do da-da-da-da-da—for the court requirements [and] things like that—I'm so busy surviving…
|
Williams
|
Mm-hm.
|
Saunders
|
Sure, sure.
|
Bush
|
…I just don't see myself making a go of it.
|
Saunders
|
But…but you were…how were you involved in that first lawsuit?
|
Bush
|
Well, I was the plaintiff.
|
Saunders
|
You were a plaintiff?
|
Bush
|
Yeah.
|
Saunders
|
With a bunch of other people?
|
Bush
|
Just myself.
|
Saunders
|
Just you?
|
Bush
|
Yeah.
|
Saunders
|
Okay.
|
Bush
|
And, there were so many things that they did to me bad. It just…if…if you look through it, it's almost unbelievable. But then when you hear the recordings—people talking about what happened, what they saw, what they did, da-da-da-da-da, how the...there's witnesses who observed my interaction with police…
|
Williams
|
Mm-hm.
|
Bush
|
…and were blown away by the way I was being treated—or not treated…
|
Saunders
|
Mm-hm.
|
Bush
|
…and things like that, that talk about it on tape, da-da-da-da-da—that it's…it's…no wonder they were angry.
|
Williams
|
Mm-hm.
|
Saunders
|
Mm-hm. Interesting. Do you…do you have the case number…
|
Williams
|
Yeah.
|
Saunders
|
…for that first case?
|
Bush
|
Uh, C-zero-eight-dash-zero-one-three-five-four.
|
Williams
|
And, that's also in the Northern District of California?
|
Bush
|
That's down in the San Jose Division.
|
Williams
|
Okay.
|
Saunders
|
That's interesting.
|
Bush
|
Let's see here: list of police officers…
|
Williams
|
Alright. And, how long ago was that? So, that was filed, I guess, in 2008?
|
Bush
|
Yeah.
|
Williams
|
So, when…was the incident shortly before that?
|
Bush
|
It began in 2006, and…and…
|
Williams
|
Okay.
|
Bush
|
…and, even occurred after. So, stuff even occurred after the filing of the suit.
|
Williams
|
Okay. We'll take a look at that…this docket.
|
Bush
|
I can write a complaint—a mean complaint. I mean, I can fiddle my way through a motion for summary judgment; but, anything beyond that, it's gonna be bad, you know.
|
Saunders
|
Sure, sure.
|
Bush
|
You know you're in the right; you think you're going to do well, and then you get in front of a judge and are, like, "Ugh!"
|
Saunders
|
Sure. [chuckles]
|
Williams
|
[chuckles]
|
Bush
|
You know? So...
|
Williams
|
Yeah.
|
Bush
|
I won a couple of state law suits for…for silly things, and only by default—nothing where I actually had to do anything more than, like, a prove-up hearing, you know what I mean?
|
Williams
|
Mm-hm.
|
Bush
|
So, yeah, it's a…
|
Williams
|
Okay. Um, okay, going back to the setting: you said that, uh, uh…about what time had you been in the law library?
|
Bush
|
Uh, I think around 4… Well, I don't know what time I got there; but, I know, from the police report… Do you need like a timeline? Can I give you that?
|
Williams
|
That would really be helpful…
|
Saunders
|
A timeline would be great, yeah.
|
Williams
|
…yeah.
|
Bush
|
A timeline of, er, whatever… [types] Alright, so, on the timeline, you will be looking for, um, "departure from home to library..."
|
Williams
|
Mm-hm…
|
Bush
|
You will be looking for the, "Time of call to police," I'm assuming.
|
Saunders
|
Sure. Yeah.
|
Williams
|
Mm-hm.
|
Bush
|
Um, "Time of arrival of police at apartment."
|
Saunders
|
Time you got back to your apartment.
|
Bush
|
And, then, "Time I," uh, "Time of arrival at apartment." Alright, and…
|
Williams
|
About when you went to bed, as well, if you remember.
|
Bush
|
"Time of," uh… [pause] ..."Sleepy time." Alright? And, then, let's see…and, then, "Time of arrival."
|
Williams
|
[inaudible]
|
Bush
|
I don't know if that will help you or not; but, maybe you'll have some questions for the officer…
|
Williams
|
Mm-hm. It helps paint a picture for us.
|
Bush
|
The case number his testimony, um, related to that event, uh, is, uh, E-E-six-oh-five-oh-seven-three; and, that's in the Superior Court of California, County of Santa Clara, Criminal Division.
|
Saunders
|
So, that was the criminal case?
|
Bush
|
Uh, yeah.
|
Saunders
|
Six-zero-five-seven-three?
|
Bush
|
Uh, six-zero-five-zero-seven-three.
|
Saunders
|
Five-zero-seven-three.
|
Bush
|
Six-oh-five-oh-seven-three.
|
Saunders
|
[stutters] And, you said there was trial testimony there?
|
Bush
|
Yeah, and, uh, you know, there's gems all over the place; and, the nice thing is, uh, he…he basically locked himself into a story that will not work for this case.
|
Williams
|
Okay.
|
Bush
|
It actually contradicts [itself] in several key areas. Uh, his testimony, uh, in his declaration in the, um, opposition…
|
Saunders
|
Okay…
|
Bush
|
Uh, I'm sorry: M-S-J—motion for summary judgment. I wrote the opposition; they wrote the motion for summary judgment.
|
Saunders
|
Right, right, right.
|
Bush
|
Uh, the story he provides in there differs significantly from, um, the one he provided.
|
Williams
|
Mm-hm.
|
Bush
|
And, that's common; they do that all the time.
|
Williams
|
Mm-hm.
|
Bush
|
I mean, that's how that county works; but, um, I don't know how to make that work for you.
|
Williams
|
Okay. Yeah.
|
Saunders
|
Okay. Definitely [inaudible]…
|
Bush
|
Sometimes that's code to judges, "We're not going to let him win, so don't even go there with it." You know, that's, I mean, that's the way I take it. I mean, I have had, uh, County Counsel pull a whopper on me related to, um, medical care for a life-threatening condition. They…to get out of one thing coming their way, they said I did receive care; and, to get out of another thing coming there way, they said I didn't receive care. And, then, comparing the two, that's, like, perjury, right? Anyway...
|
Saunders
|
Mm. Mm-hm.
|
Bush
|
…it's all bad. Anyway…
|
Williams
|
Okay.
|
Bush
|
…so, it's…it's…and the judges let them get away with it.
|
Williams
|
Mm-hm. Alright.
|
Saunders
|
Yeah, well, we'll take a look at...
|
Bush
|
Okay, enough of that.
|
Saunders
|
…that could definitely be…be useful.
|
Bush
|
I'm glad this is up in San Francisco and not down here; the problem is, is Judge Seeborg is, um, Judge Fogel's former underling. So, that…that means Judge Seeborg used to be down here, and then he moved up there, I think, right? Because he just recently…
|
Saunders
|
I think there's…
|
Bush
|
…became…from magistrate to…
|
Saunders
|
Yes, that's correct, yes.
|
Bush
|
If I'm not mistaken, he was the one who did all the pretrial stuff for Judge Fogel (or C-zero-eight-one-three-five-four)—[or] was until Judge Fogel got…
|
Saunders
|
So, he knows all about that…about?
|
Bush
|
I don't think Judge Seeborg is the right judge for us. I don't know how easy it is for you to take that out of his hands; I know that there has to be prejudice, evidence, and things like that.
|
Saunders
|
Yeah, for this, it's probably not gonna happen unless we can show that he was severely prejudiced…
|
Williams
|
Mm-hm.
|
Saunders
|
…to the extent that he couldn't make fair judgments in this case. Uh…
|
Bush
|
Alright.
|
Williams
|
Yeah. We're most likely…
|
Bush
|
Keep an eye out, then.
|
Saunders
|
Yeah.
|
Williams
|
Yeah.
|
Bush
|
Alright.
|
Williams
|
Mm-hm.
|
Bush
|
Okay.
|
Williams
|
Okay. Mm…
|
Bush
|
Anything else besides the list of police officers and timeline of events…
|
Saunders
|
I think that's it for your checklist for the moment. Uh…
|
Bush
|
You have a list of injuries, uh, you have the doctor's name that did, uh, the examination for me while I was at Elmwood.
|
Williams
|
Mm-hm.
|
Saunders
|
Right. What was his name again?
|
Bush
|
[inaudible] Dr. Cazmo J. Lukrich.
|
Saunders
|
Yeah, we do have that. Okay…
|
Bush
|
Okay?
|
Williams
|
Yeah, okay.
|
Saunders
|
And, what…what…where is he?
|
Bush
|
He works at the jail, so…
|
Saunders
|
So, he's the doctor at the jail?
|
Bush
|
Basically; one of them, yeah. He is an employee of, I am sure, Santa Clara Valley Health and Hospital Systems Adult Custody Services; but, um…
|
Williams
|
Mm-hm.
|
Saunders
|
Okay. The Santa Clara County Jail?
|
Bush
|
The Santa Clara County Department of Correction.
|
Williams
|
Okay. You were taken to him…was it immediately after…
|
Bush
|
Well, I had X-rays taken immediately through a TB screening.
|
Williams
|
Okay.
|
Bush
|
And, that's when the, uh, the X-ray technician said, "Do you have a broken shoulder?"
|
Williams
|
Mm-hm.
|
Bush
|
[And] I said, "Yeah, it hurts."
|
Williams
|
Okay.
|
Bush
|
And, um, the rib, he didn't mention. Um, I didn't complaint about the rib; I had an ultrasound that was…they were doing tests on my liver while I was in jail to see if there was any…
|
Williams
|
Mm-hm.
|
Bush
|
…any problems with my liver. And, um, when they did the ultrasound of the chest cavity…
|
Williams
|
Mm…
|
Bush
|
…he came across, uh, those injuries to my rib.
|
Saunders
|
Okay.
|
Bush
|
So, I was not complaining about those things to him. I know I hurt there—and I still do—when I lay on my stomach, which is pretty rare that I do that; but, if I do, uh, the pressure causes pain in the rib.
|
Williams
|
Mm-hm.
|
Bush
|
Other than that, um, the shoulder is a problem, still—clicking and popping…
|
Williams
|
Mm-hm.
|
Bush
|
Um, doing certain exercises, uh, causes me severe pain; it scares me a little bit. I'm just worried that it's gonna lead to something…
|
Williams
|
Mm-hm.
|
Bush
|
…down the line.
|
Saunders
|
Sure. And, the…these tests were all done on all the same day you were…immediately following the…
|
Bush
|
The ultrasound happened probably, like, six months after I had already been incarcerated.
|
Saunders
|
Oh, wow!
|
Bush
|
I was in there for almost three years.
|
Saunders
|
Okay.
|
Bush
|
Yeah. [sighs] I think that examination happened, like, in June of 2009—well, that visit with Dr. Lukrich. Now, the actual ultrasound happened probably three months prior to that.
|
Williams
|
Okay.
|
Saunders
|
So [inaudible]
|
Bush
|
There's just real slow getting around to it.
|
Williams
|
Yeah.
|
Bush
|
You know what I mean?
|
Williams
|
Yeah.
|
Bush
|
So…
|
Saunders
|
Okay.
|
Bush
|
Because one doctor did the evaluation of the ultrascreen…ultrasound results, and made notes; and, then those results were relayed to me by Dr. Lukrich at a later date.
|
Williams
|
Okay.
|
Bush
|
They just get you in whenever.
|
Williams
|
Okay. And…and, in that time period, had anything else happen to you physically? Uh, or, I mean, was this the only thing?
|
Bush
|
No, this was it.
|
Williams
|
Yeah. Okay.
|
Bush
|
Yeah, that was it. I mean, I'm in an environment where that would have been reported; you would have documentation of…
|
Williams
|
Yeah.
|
Bush
|
You know what I'm saying?
|
Saunders
|
Mm-hm.
|
Williams
|
Okay. Alright. And, were there any other doctors or is that the only…
|
Bush
|
That was the only one who specifically spoke of those injuries.
|
Williams
|
Okay.
|
Bush
|
And, I haven't been seen by anyone else since in regards to those injuries.
|
Saunders
|
Okay. And, that same doctor knows both injuries, right?
|
Bush
|
Yeah. Well, actually, he didn't address the shoulder injury.
|
Saunders
|
Oh, so that was someone else?
|
Bush
|
That was someone else, yeah. It was the X-ray technician who did the T.B. screening. Uh, for…oh, and my attorney brought 'em up in court and showed 'em to the judge; but, I don't think that had anything to do with anything. I can't find the explanation; but, I think I gave you some…enough information, uh…about the recording that you should be alright. That e-mail is not showing up on my computer. Um, where's that X-ray at? I'll show you which one I have. [shows X-rays] So, there's the separation of the bones.
|
Williams
|
Okay.
|
Bush
|
And, that's evident through the skin.
|
Williams
|
Mm.
|
Saunders
|
Yeah, okay.
|
Williams
|
Alright.
|
Saunders
|
And, the X-ray technician is the one who saw that. And, after the X-ray technician noticed it, you see, uh, another doctor to address the problem or…
|
Bush
|
Well, yeah, I mean I…I brought it up; but, they basically…Dr. Lukrich basically said, "Okay, do you arm like this; do your arm like that; do your arm like that," [and], then wrote in [his report] "full mobility." [demonstrates arm movements intended to detect loss of range of motion by physicians]
|
Saunders
|
Okay, so the accurate…I'm sorry: so the X-ray technician noticed it, and [unintelligible]…
|
Bush
|
Lukrich...
|
Saunders
|
…looked at it.
|
Bush
|
…looked at it later…
|
Saunders
|
Okay.
|
Bush
|
…later, yeah.
|
Williams
|
Okay, well, hopefully, when we get your medical records, you know, we'll be able to kind of {point things out: dates}
|
Bush
|
The nice thing about excessive force cases is you don't even have to have an injury, it can just the inappropriate use of force...
|
Saunders
|
That's right.
|
Bush
|
…and, I think that the fact that there's any slight indication of a scratch on me is more than enough...
|
Williams
|
Yeah.
|
Bush
|
…considering the circumstances.
|
Saunders
|
Sure.
|
Williams
|
Yeah.
|
Bush
|
There's no reason to behave that way, uh, for a suspected light-turning-off in the building you live in.
|
Saunders
|
Right, right.
|
Williams
|
Yeah.
|
Bush
|
They didn't report that, uh, I exhibited any dangerous behavior or had threatened anyone; they simply said I switched off some lights and ran off.
|
Williams
|
Mm-hm.
|
Saunders
|
Right.
|
Williams
|
So, had anything like that happened in your building before? Any incidents with lights? Or…?
|
Bush
|
No…
|
Williams
|
Yeah.
|
Bush
|
…not that I know of.
|
Williams
|
Okay.
|
Bush
|
I…I mean, I knew that because of the lawsuits… I mean, I was told this in plain english that this is the reason that they have been looking for anything and everything to kind of build a case to kind of, uh, make me out to be a…a problem.
|
Williams
|
Mm… It's a pretext, basically.
|
Bush
|
Everything was, yeah. So, um...
|
Williams
|
Mm-hm. Okay.
|
Bush
|
I mean, that was…that was…I mean, I went from having absolutely no contact with police or any issues—I mean, I even had a perfect driving record, perfect credit, blah blah blah… I owned a home, etc.; I had a great job, yada yada. I was not having problems with police until I caught them actually involved in crime with other people, and, then, after that, it was, like, constant—and has been ever since. I haven't had any contact with police since I have been out, other than me calling them a couple of times for prowlers outside…
|
Williams
|
Mm-hm.
|
Bush
|
…of [my] new apartment building. Um, but, uh, they haven't harassed me in uniform yet…
|
Saunders
|
Mm-hm.
|
Bush
|
…since I've been out of jail.
|
Williams
|
Yeah.
|
Saunders
|
Have they harassed you without a uniform?
|
Bush
|
Well, [laughs] maybe. Um…
|
Williams
|
Mm-hm.
|
Bush
|
…I didn't get a good look at everybody [in] everything that's happened, but, yeah, I would assume they're involved to some degree; but, I…I don't even like to throw that out there because it's…I don't know for sure—who cares! I mean, it's minor stuff.
|
Williams
|
Mm-hm.
|
Saunders
|
Okay. [to Williams] Uh, it's kinda…do…do you have anything else about this right now? I was gonna take a few steps back.
|
Williams
|
Yeah, go for it.
|
Saunders
|
[to Bush] Okay, I wanna step back to the 2006 lawsuit and the events that caused you to file the suit.
|
Bush
|
Right.
|
Saunders
|
Can you…can you talk about what happened and what officers were involved?
|
Bush
|
[sighs] I can. Um, this is done really well in someone else's words. I…I mention that I have a lot of recordings of people talking about what happened and talking to each other about what they did and da-da-da-da-da. Um, a terrific summary of that is made, um, by and through, uh, a little clip, I put, uh…eh, a little movie I put together of clips that kind of sum up everything that has happened. So, what we'll do is play that—it's only like a minute long; maybe not even that—and, if there's any one thing that's in there that kind of interests you—you wanna talk more about that—let me know 'cuz It pretty much sums up some of the things…
|
Williams
|
Mm-hm.
|
Bush
|
…that…most of the things that happened. At the very end, um, okay…let me…let me, uh…let me preface it a little bit: the main guy at the time was this Jonathan Harrington guy. He's a very, uh, uh…he's the second guy pictured in this movie, alright? His…he commits his crimes with his gang while his—I was told his uncle; but, I don't know if there's a familial connection (but, I do know there is a, uh, nepotic connection)…
|
Williams
|
Mm-hm.
|
Bush
|
…alright—and, um, this Officer Klein guy. And, I didn't know this whole time. All I know is that every time he would commit a crime and I would call the police, him and his buddies were let go, and this particular dude was always there. I mentioned that to someone else who knows a little bit more about the problem, she said, "Oh, that's his uncle," or something.
|
Williams
|
Mm-hm.
|
Saunders
|
Mm-hm.
|
Bush
|
And, then I had caught, like…when he calls me up on the phone, I, uh…to brag about da-da-da-da-da, I ask him just [out of] the blue—like it was just [a] regular question like, "Have you seen the latest movie?" [or] what-not—I asked him, "Do you know this Officer Klein guy?" [And], he starts to, you know, say he does, and then he backs off, realizing that I possibly made the connection.
|
Williams
|
Mm-hm.
|
Bush
|
That is how he was getting away with all this stuff. So, that's the significance of this movie at the end…
|
Saunders
|
Okay.
|
Bush
|
Um, if I can even find it.
|
Saunders
|
Yeah, if you don't know where it is immediately, we can always…
|
Bush
|
I do; I found it right now.
|
Saunders
|
Okay.
|
Bush
|
Alright, here we go. Well, anyway, go ahead and ask me questions while I pull it out of this folder here, if you will, uh, whatever it is you have for me.
|
Saunders
|
Why don't…we'll, uh, why don't we watch the movie first; we'll probably have questions about that.
|
Bush
|
Sure. [searches for movie file on laptop] I should have had that…here it is. Alright. It's the small web site version; you'll have to pardon me.
|
Saunders
|
Oh, that's all right.
|
Bush
|
[plays movie] [voice of Jonathan Paul Harrington] We were told that's, like…that's three different affiliations—three different races—that have come to, uh, not protect you, but to [exploit you]. [stops movie] [resumes speaking] If there's any part of this you can't understand, just tell me to stop and I'll tell you what they say.
|
Williams
|
Okay.
|
Saunders
|
Okay.
|
Bush
|
[resumes movie] [voice of Jonathan Paul Harrington] They're actively making it so you cannot sell your home, and are driving you into the ground even…even further. [voice of J.R.] Maybe, yeah, I ignored some shit, but, like, I did not want to know, I did not need to know, and I did not ask to know. [resumes speaking] That is a witness, who I'm calling up, saying, "Tell me what happened." You know? Because I knew I'd having problems explaining this—you know, [like] why all my shit's gone—da-da-da-da-da. And, um, he just kinda said, "I'm not getting involved."
|
Williams
|
Mm-hm.
|
Saunders
|
Okay.
|
Bush
|
That's kind of the way he was saying it. [resumes movie] [voice of Paul Roger Casey] I'm gonna fuck…I'm gonna fuck…where the fuck are you, man? Tell me where the fuck you are!" [stops movie]
|
Saunders
|
Who was that?
|
Bush
|
That's…that's Paul Casey making a threat over the phone. [restarts movie] [voice of James Alan Bush] Did they take out a policy on me somewhere? [voice of Joshua Koppenhaver/Williams] Mm-hm. [stops recording] [resumes speaking] That's someone reluctantly telling me the extent of their plans for me before I took an active stance in my defense. [restarts movie] [voice of Jonathan Paul Harrington] You know, sorry: we prolong peoples' inevitable demise, including our own. [stops recording] [resumes speaking] That's Jon saying to someone else on the phone, uh, 'cuz he's saying, "What are you doing to this guy?"—da-da-da-da-da—and, he's saying that, you know, this is what we do; and, I don't know exactly what he meant by that—that must have meant something between the two of them. It's sounds ominous, so I threw it in there. Alright. [resumes movie] [voice of Joshua Koppenhaver/Williams] He wanted to take your car, your money, take your fucking…your pride and joy. [stops movie]
|
Williams
|
That's your roommate…?
|
Bush
|
That is not my roommate; that's someone whose [sic ]…
|
Williams
|
[inaudible]
|
Bush
|
…who doesn't know they're being recorded; but, is talking to me about the problem, and he's saying [that] they wanna take your money, your car, your pride and joy, da-da-da-da-da, meaning they were out for more than just your things; they really wanted to put the hurt on you.
|
Williams
|
And, they did.
|
Bush
|
Yeah. [restarts movie] [voice of Jonathan Paul Harrington] Hey, this is you-know-who. I had the weirdest fucking dream last night that you were having trouble eradicating the problem in your home, and… [stops movie] [resumes speaking] My home was invaded—not just once for [a] robbery; but, people squatted in it. [restarts movie] [voice of Jonathan Paul Harrington] …it was almost worse than—shit—me. [voice of James Alan Bush] Hey, um, do you know, uh, Officer Klein? [voice of Jonathan Paul Harrington] Officer Klein? [voice of James Alan Bush] Mm-hm. [voice of Jonathan Paul Harrington] I…I've known Officer Klein for…I…I guess; I don't know. [stops movie] [unintelligible]
|
Williams
|
Mm-hm.
|
Bush
|
So, that's how I made the cop connection. When I put that on…on a big ol' web site with all the other recording—the full length recordings—plus all the other ones I have with, you know, officers' names and them doing stupid stuff, that…that made the problem real big…
|
Williams
|
Mm-hm.
|
Bush
|
…for me. And, nothing stopped for years until I got arrested and spent three years of my life in jail...
|
Saunders
|
Okay.
|
Williams
|
Mm-hm.
|
Bush
|
…for stupid stuff. So, anyway, um…yeah.
|
Saunders
|
Uh, where…where did you get the recordings?
|
Bush
|
Well, here and there. Um, sometimes they would use my phone; they were squatting in my home, they used my phone—I had a recorder on that. So…
|
Saunders
|
Who…who…who was squatting in your home?
|
Bush
|
Uh, there…Daniel, uh…Bobby, or, Robert Malnburg, was one of them for awhile; Bobby, or, Daniel Napolitan, was as well. Um, that Josh character stayed there a couple of nights. Um… [sighs] Who else? Long saw a lot—my…my…my…not my current roommate; but, the one that, uh, I described in the cop incident.
|
Saunders
|
RIght.
|
Bush
|
He saw a lot of things.
|
Saunders
|
Okay.
|
Bush
|
Will not talk about it unless you torture him. I mean, he's just does not have any interest in helping me out in that regard.
|
Saunders
|
You're right…your ex-roommate does not have any interest…
|
Bush
|
…in helping me out in that regard whatsoever.
|
Saunders
|
So, he will not be cooperative if we do a…
|
Bush
|
None of these people will be cooperative.
|
Williams
|
Mm-hm.
|
Bush
|
They would be hostile witnesses.
|
Williams
|
Okay.
|
Bush
|
That's why, uh, they will deny any knowledge of it until you play them actually talking about it on tape, and say, "Well, you seemed to know something about it then…"
|
Williams
|
Mm-hm.
|
Bush
|
"…here's what you said [unintelligible]." But, I don't think any of that really comes into play here; but, it might. I don't know, I mean...
|
Saunders
|
Yeah.
|
Bush
|
…like I said, you said, "Let you know everything there is to know…"
|
Williams
|
Yeah.
|
Bush
|
…and I'm just kinda giving you a high-level…
|
Saunders
|
Yeah, it's helpful.
|
Bush
|
I don't know how helpful it will be in this case; but, if it gives you anything you can use...
|
Williams
|
Mm-hm.
|
Bush
|
…then there you go. They may pull a punch on you; and, you may want to pull a punch on them—I don't know. This…this would be definitely something that would throw…
|
Williams
|
Mm-hm.
|
Bush
|
…them for a loop because I know there's an Officer Flores connection for sure.
|
Saunders
|
Okay.
|
Williams
|
And, that you're…so Kevin Cao, who is your roommate…
|
Bush
|
Mm-hm.
|
Williams
|
…at the time of this incident, uh, how is your relationship now? Is he…
|
Bush
|
He's the one who brought me here.
|
Williams
|
Oh, okay.
|
Bush
|
Yeah.
|
Williams
|
Okay. So, you're on good terms?
|
Bush
|
He doesn't like to talk about it; he doesn't…he says I'm making problems for people and myself and, um… He says just forget about that, you know, all that stuff, and, um…
|
Williams
|
Mm-hm.
|
Bush
|
That's what I'd like to do; but, we've been left destitute and careers are ruined, da-da-da-da-da.
|
Saunders
|
Yeah.
|
Bush
|
How else are you going to survive? And…and, it's still going on…
|
Williams
|
Mm-hm.
|
Bush
|
…you know? I mean, I'd stop if they'd stop; but, this is…this is ineffective anyway. Well, so what if I get paid? That's not going to do anything to anybody. The damage has been done; I'm not going to be able to get anything out of this…
|
Williams
|
Mm-hm.
|
Bush
|
…that I can use, really.
|
Saunders
|
Well, I guess that…that brings me to something I should have asked to start with: what is your goal in this case? In an ideal world, what would happen?
|
Bush
|
Well, because these people are career criminals, in addition to whatever else…or what other day jobs they may have, um, getting a declaration of fact from the, you know, a statement of what happened would really tie a whole lot of people to a bigger problem. I mean, I know you don't see it that way; but, I do.
|
Saunders
|
Mm-hm.
|
Bush
|
And, um, just…just winning on the facts…
|
Williams
|
Mm-hm.
|
Bush
|
…would have made me happy a long time ago; but, I'll take what I can get.
|
Williams
|
Mm-hm.
|
Bush
|
I mean, that is…that is essential.
|
Williams
|
Mm-hm.
|
Bush
|
If I don't, um, I might as well give up the whole thing, to be honest with you.
|
Williams
|
Mm-hm. And...and, so, you didn't have…
|
Bush
|
Because this is the most blatant thing they've ever done that cannot be escaped. If they get…if they weedle out of it somehow, I mean, all the other stuff is absolutely hopeless.
|
Williams
|
Mm-hm.
|
Saunders
|
Right.
|
Williams
|
And, so there was a mediation in…in this case?
|
Bush
|
[sighs]
|
Williams
|
Uh, so what can you tell us about that?
|
Bush
|
Not really. Okay, so, um, I was shackled and brought to the courthouse in San Jose, where I sat down with Judge Vadas…
|
Williams
|
Okay.
|
Saunders
|
Vadas.
|
Bush
|
…who basically layed it out flat: "Settle, because you're not gonna get nothing." Um…
|
Saunders
|
That's what he told…said to you?
|
Bush
|
In so many words. I conveyed the proper attitude in the…and the emotion, you know, behind his words. Um, I was offered not any money, but rather what he called, "canteen credits," which would be money in your commissary account for the purchase of food items off the menu list. That would be food in addition to what you get…
|
Williams
|
Mm-hm.
|
Saunders
|
Right.
|
Bush
|
…for free at the jail. [stutters] The amount was not specified; but, basically, he told me there's…"How are you going to pay for this?" And, I said, "Well, I'm, you know, proceeding In Forma Pauperis." And, he says, "Well, you're still gonna have to pay for medical expert testimony; that's going to be at least $30,000.00." He goes, "Where you gonna come up with that?"
|
Saunders
|
Right, right.
|
Bush
|
I don't know.
|
Williams
|
Okay.
|
Bush
|
I said, "Well, I can use the medical records I already have? They seem to be sufficient." And, he says, "No, you can't do it that way. You have to do it…" I mean, maybe he's right; I don't know.
|
Williams
|
Mm-hm.
|
Saunders
|
Right. We'll have to think about exactly how we're going to do that. Okay, um, okay, was there anything else…did anything else happen in mediation?
|
Bush
|
Nope. I just said, "Okay, well, I decline to settle," and, then that was the end of that.
|
Saunders
|
Okay. And, Vadas: this guy is a U.S. District Court judge or a mediator? Do you know who…what he is?
|
Bush
|
He's in the Eureka Division, I know that.
|
Williams
|
Mm-hm. Okay.
|
Bush
|
His first name is Nandor or Nanda.
|
Williams
|
Yeah, I remember seeing his name in some of the other documents.
|
Bush
|
Yeah.
|
Williams
|
So, I can go back and look.
|
Bush
|
[sighs] And, um, it was kind of interesting; he had to actually issue the demand for production for my, uh…the demand for production of my person several times. The district attorney tried to interfere with, uh, the settlement proceedings; they…once they found out that I was scheduled to be in a settlement proceeding, um , on such-and-such—I think it was January 31st at 10 a.m. or something—um, they immediately rearranged their calendar to have the…make sure that a, uh, hearing on my criminal case was held exactly at that date, exactly at that time…
|
Williams
|
Mm-hm.
|
Bush
|
..even though one wasn't scheduled prior.
|
Saunders
|
Mm.
|
Williams
|
[inaudible]
|
Bush
|
Uh, so, that got missed. So, they issued another order—I had to write a letter and wait—another order was issued to produce me and, um, the jail, this time, got involved and said, "No, it has to be to the Sheriff from the President of the United States." It can't be to the jail; it must be to the Sheriff. So, I had to write another letter; and, then, the third one got sent, and, uh, this one actually had "From the President of the United States" on it "to the, uh, Sheriff Laurie Smith," da-da-da-da-da-da.
|
Williams
|
Mm-hm.
|
Bush
|
And, then, I was produced.
|
Williams
|
Okay.
|
Bush
|
I don't know if that will have any relevance.
|
Williams
|
And, this is the effort at settlement?
|
Bush
|
That was it.
|
Saunders
|
Mm-hm.
|
Williams
|
Okay.
|
Saunders
|
Okay.
|
Williams
|
Um...
|
Bush
|
Yeah, I, uh…at the time, I didn't have an attorney; I'm…I'm sure they knew that my chances were less than average. Um, I have not heard anything since I actually got an attorney; either they don't know or they're not saying anything.
|
Saunders
|
Well, uh, as you may know, the case is stayed right now.
|
Bush
|
Oh, okay.
|
Saunders
|
Yeah, in two…for another two weeks or so…
|
Williams
|
Yeah, until about November 14th.
|
Bush
|
I mean, like, on the street or anything…
|
Williams
|
Oh.
|
Saunders
|
Oh, on the streets.
|
Bush
|
Yeah, I haven't heard anybody say a peep about it; it's weird.
|
Saunders
|
Yeah, yeah.
|
Williams
|
Yeah.
|
Saunders
|
Well, they might start taking the case more seriously now that, uh, you have counsel.
|
Bush
|
[inaudible] Okay.
|
Saunders
|
So, we'll see.
|
Bush
|
Alright.
|
Williams
|
Yeah. Mm, so, going back to the incident, one of Officer Flores' allegations were that you were under-the-influence. Can you just tell us about…?
|
Bush
|
I beat that that case. Yeah, I beat that case (because I was not under-the-influence). So, I beat that case.
|
Williams
|
Okay, so that's already…?
|
Bush
|
That case is done; there's no…I have no drug convictions on my record whatsoever.
|
Williams
|
Mm-hm.
|
Bush
|
None. No drug history via convictions. They have arrested me three times for it; I've beat it all three times.
|
Williams
|
Okay.
|
Bush
|
They were really wanting that to be the issue.
|
Williams
|
Mm. Okay. And, that, um…
|
Bush
|
Usually people get arrested for being under-the-influence when it is precipitated by some type of incident…
|
Saunders
|
Mm-hm.
|
Bush
|
…domestic, or disturbing the peace, or indecent exposure, or something like that, you know. All my arrests occurred in my home.
|
Williams
|
Yeah.
|
Saunders
|
Right, right.
|
Bush
|
One time, you know, I called on myself; the first time, I called on myself. It was, uh, somebody that, uh, had tried to break into my home; I could hear them pushing on the windows. I called the police.
|
Williams
|
Mm-hm.
|
Bush
|
And police got there; it was that Officer Klein guy.
|
Williams
|
Mm-hm.
|
Bush
|
And, um, he immediately started testing me for being under-the-influence.
|
Williams
|
Mm-hm.
|
Bush
|
He had his little flashlight in my eyes or what-not.
|
Saunders
|
Mm-hm.
|
Bush
|
I said, "What are you doing? The problem's out there." He said, "No, no, no; that was us testing your windows." So, they were…that's the weirdest thing.
|
Saunders
|
Mm.
|
Bush
|
That was the first one. So, you can kind of see where that…
|
Williams
|
Mm-hm.
|
Bush
|
Anyway…alright.
|
Williams
|
Okay.
|
Bush
|
So…
|
Williams
|
Mm. Um, so, why don't you tell us a little bit more about what happened immediately before Officer Flores shot the TASER, uh… So, after he announced…or they saw you yelling and they…they came in was there any…
|
Bush
|
All I did was hold my hands up like this and say, "Hold on; what's going on?"
|
Williams
|
Mm-hm.
|
Bush
|
And, that's when he pulled out his TASER.
|
Williams
|
Okay. There was hardly any dialogue between you and…
|
Bush
|
There was none.
|
Williams
|
Okay, so there was not...
|
Bush
|
There was none. There was not a discussion.
|
Saunders
|
And…and, he said you made a sudden move towards him?
|
Bush
|
He said, like, that…
|
Saunders
|
That you squared…
|
Bush
|
…I squared my shoulders.
|
Saunders
|
…your shoulders and took half a step, I think.
|
Bush
|
Which, okay, so, you know, when I hear people screaming outside my door, I didn't come all the way out of my apartment; but, when he said, "Come out," that's when I took the half step out of the door, and squared my shoulders to talk to him. But, there was no confrontation. There are four dudes with guns in my face; what kind of confrontation would…could that have possibly been?
|
Williams
|
Mm-hm.
|
Bush
|
And, again, he said I started yelling and da-da-da-da-da. My roommate said, "No, he did not." So, I don't know how much…I mean, how much they can make of that or whatever. I'm sure they're going to really, really [make something of it].
|
Saunders
|
And, their guns were drawn?
|
Bush
|
Their guns were drawn.
|
Williams
|
Okay. Um, and any of the officers…did any of the officers there said anything at any point?
|
Bush
|
Not that I recall. I mean, you know, it's not that it's blurry, it's just that it was so quick, and…
|
Williams
|
Mm-hm, yeah.
|
Bush
|
…you know, it just was a non-issue; I wasn't thinking at the time, "Let's really think about whether they're following procedure."
|
Williams
|
Yeah, yeah.
|
Bush
|
I was just scared to death…
|
Williams
|
Yeah.
|
Bush
|
…because, I mean, there had been so many things happening prior to the act that were just scary for me, that…I mean, I was just terrified of anything that was going on.
|
Williams
|
Mm-hm.
|
Bush
|
They could have been there calm and friendly, and I would have been terrified, quite frankly.
|
Saunders
|
Sure, sure. Okay.
|
Bush
|
So…and, I was half…no, I wasn't half asleep at that point; but, I mean, seeing my roommate jump up—and, that was just real suspicious because he was, you know, the way he's opening the doors and just disappeared after he did that.
|
Williams
|
Mm-hm.
|
Bush
|
In the phone call, he goes…it just rang, he didn't even say, "Hello," someone started talking, he goes, "Okay," puts down his phone, doesn't take it with him, like, he normally does, but just layed it down on the desk, starts opening doors and runs off.
|
Williams
|
Yeah.
|
Saunders
|
Right.
|
Bush
|
Especially based on what he told me before. I'm like, "What are they gonna do now?"
|
Williams
|
Yeah.
|
Saunders
|
And, I was just… [sighs] So…
|
Williams
|
Okay.
|
Saunders
|
Yeah.
|
Williams
|
Hm. Um, yeah, let's see… So, after he shot you with the TASER, what kind of physical effect did you feel?
|
Saunders
|
Like, what did..what did it feel like?
|
Bush
|
Well, you know, I remember thinking, actually, um…it kind of happened so much…when he fired the TASER, it sounded like a gun to me.
|
Saunders
|
Right, I bet it did.
|
Williams
|
Oh, okay.
|
Bush
|
And, there was smoke, and I don't know if this is just my crazy head remembering it wrong or funny, but, I…I…it…everything happened in slow motion; I almost felt like I could see the bullet—I thought it was a gun; I did not know it was a TASER—I thought I was…I thought, "Oh my God, they've finally came [sic] to kill me." I honestly thought that; I thought, "My God, I'm finally gonna die." And, I remember thinking to myself, "This is scary, but I am glad it's over." I mean, that's how bad things were. I actually…remember…and I remember seeing something kind of coming towards my abdomen that was where the second prong was headed…
|
Williams
|
Mm-hm.
|
Bush
|
…there was one here [points to abdomen], one here [points to area directly above heart]…
|
Saunders
|
Okay.
|
Bush
|
…and I remember my hands…[makes sweeping motion with hands]…kinda like that, and I did knock it out of the way, or knock it off of me before it actually penetrated. There was a, uh, place where the skin had been seared away; but, I did manage to knock it off. I did that instinctively; I did not mean to do that. I just did. And, um, after that, um, I just remember seeing, you know, the area lit up by, um, you know, the TASER…the electricity or what-not.
|
Williams
|
Mm-hm.
|
Bush
|
Um, I remember saying, um…him telling me after that to get on the floor—on the ground—put my hands up, which I did. Um, remember him walking to the hallway and turning on the lights. You would not know where that switch [is]—that switch looks like some sort of, um, utility panel.
|
Saunders
|
Mm-hm.
|
Bush
|
And, it's a switch that's like…like this [demonstrates lever-type hand- switch with hands], you know?
|
Saunders
|
Mm-hm.
|
Bush
|
And, um, he knew exactly where that was, went right to it, opened that com…or that, you know, panel, went [make switch-on noise].
|
Williams
|
Mm-hm.
|
Bush
|
I remember thinking, "Ah, he knows the place," you know?
|
Saunders
|
Mm-hm.
|
Bush
|
Uh, and that…that's…and, the rest, you know.
|
Williams
|
Yeah.
|
Bush
|
I remember asking him, I said, you know, "I have an existing shoulder injury; could you pick me up by my right arm—not my left one." He puts his knee on my back, said, "I don't give a fuck about your busted-ass shoulder," or what-not. I heard, "Snap!" [I] felt it. Not like a snap; but, like a crunch.
|
Saunders
|
Right.
|
Williams
|
Yeah, and, you knew that was Flores as opposed to the other officers?
|
Bush
|
Absolutely.
|
Williams
|
Yeah.
|
Saunders
|
How…how did you know it was Flores?
|
Bush
|
Well, I mean, he says… Well, actually he changes his story in the report, and, um, in his testimony. It was only him I dealt with the whole time; it was only his voice from the beginning to the end.
|
Saunders
|
So, you knew his voice throughout…?
|
Bush
|
Yeah, because no one else had spoke[n] at that point; and, he was the one who spoke to me at the hospital…
|
Williams
|
Mm-hm.
|
Bush
|
So, it was him who was screaming at the beginning, it was him who was giving me instructions, you know, to lay down and put my hands behind my back, it was him who said, "I don't give a fuck about your busted-ass shoulder."
|
Williams
|
Hm.
|
Bush
|
So, that would be how I got it in my head that it was him.
|
Williams
|
Okay.
|
Bush
|
Just voice-recognition.
|
Saunders
|
Okay. So, when you were…
|
Bush
|
And, you know, I saw who it was who was, you know, from the time I had the handcuffs...
|
Saunders
|
[inaudible]
|
Bush
|
…yeah, when they picked me up, and then took me down the stairs, that was the same guy. I wasn't passed off to anybody else; so, when he, yeah, he, uh, took me downstairs and outside.
|
Williams
|
Mm-hm.
|
Saunders
|
Right, and, it's undigested that he was the one who shot you with the TASER. I think…
|
Bush
|
It's undisputed.
|
Williams
|
Yeah.
|
Bush
|
Yeah.
|
Saunders
|
Yeah, okay.
|
Williams
|
Um, and, I mean, have you had any persistent physical effects from the TASER, like, any kind of heart condition that, you know…?
|
Bush
|
That…the, uh, the EMT…
|
Williams
|
Mm-hm.
|
Bush
|
…said you're having…what did he say? Palpitations?
|
Williams
|
Mm-hm.
|
Bush
|
And, uh, since that time, my heart has… Or, he said, "arrhythmia," actually. I can't make it do it; but, every now and then…
|
Williams
|
Yeah.
|
Bush
|
…it feels like it's gonna stop.
|
Williams
|
Okay.
|
Bush
|
So, like…
|
Saunders
|
Kinda flutters or…?
|
Bush
|
Right.
|
Saunders
|
Yeah, yeah.
|
Bush
|
Instead of, like, a persistent beat, it'll just stop for a couple of seconds. It doesn't hurt, it just scares me.
|
Williams
|
Yeah.
|
Bush
|
But, it doesn't hurt. And, um, it'll get going again, and I'll feel funny after that.
|
Williams
|
Mm-hm.
|
Bush
|
But…
|
Williams
|
Have you ever had anything like that before?
|
Bush
|
No.
|
Williams
|
Okay. Um, alright.
|
Saunders
|
And, so, there is pain when that happens in your chest?
|
Bush
|
No, no; it just scary…
|
Saunders
|
It just feels funny.
|
Bush
|
It feels like I'm damaged…
|
Saunders
|
Right, right.
|
Bush
|
…like, maybe I should stop what I'm doing, maybe I should sit down, lay down, whatever—I don't know what to do. I went, uh…well, okay, that's the other think that kind of cropped up over time. I just wanted to put all of this in the back of my mind; it just brings about bad memories. But, uh, sometimes when I lay down, it does that.
|
Williams
|
Okay.
|
Bush
|
Yeah, and, uh, it scares me a lot, actually.
|
Williams
|
Okay. Any other, um…does anything else physically that [inaudible]?
|
Bush
|
I developed high blood pressure.
|
Williams
|
Alright.
|
Bush
|
I was able to bring that down once I got out of jail by walking ten miles a day [or] what-not.
|
Williams
|
Oh, okay.
|
Bush
|
But, I, uh…I developed high blood pressure. Uh, Dr. Dondershine diagnosed me with Post-Traumatic Stress Disorder; I think you read that in the Motion for Appointment of Counsel.
|
Williams
|
Yeah.
|
Bush
|
Okay.
|
Williams
|
Mm-hm.
|
Bush
|
That's all of that interview I would like to disclose; the rest of it has nothing to do with that incident.
|
Williams
|
Okay.
|
Saunders
|
Sure.
|
Bush
|
That's why I redacted that letter real heavily; I just don't want anything else coming out that doesn't need to.
|
Saunders
|
Sure.
|
Bush
|
The case is arson case, and that's just creepy; I don't want that talked about.
|
Saunders
|
Okay.
|
Williams
|
And, he's the only other doctor that you've seen since besides…
|
Bush
|
Mm-mm. I've also see Dr., um…oh, please tell me I did not erase that [looks on laptop for name of doctor]. I know I did. It [was] in Gmail… Um, find, uh…Eschindea.
|
Saunders
|
Do you know how to spell that?
|
Bush
|
Let's try, E-S-H-E-A-N-D-E-A.
|
Williams
|
Is he a general physician or…?
|
Bush
|
He's a doctor of psychology. So, they were trying to get it to where I was…didn't go to prison by bringing things up, like, post-traumatic stress disorder…trying to find a reason for the crime that would be less than onerous, and to…to move me into a different court room where the judge would just let me go, suspend my sentence, which is, in fact, what happened, so…
|
Williams
|
Mm-hm.
|
Saunders
|
And, so, your defense attorney set you up to see the doctor?
|
Bush
|
Yeah.
|
Williams
|
Okay.
|
Bush
|
It wasn't like a counseling session or anything like that; it was for the purpose of proving to the court that…that with, you know, time and attention, I could be rehabilitated and…
|
Saunders
|
Mm-hm.
|
Bush
|
…and prison time would not be the…would be an exacerbation of the issue—not a…not a…a remedy.
|
Williams
|
Okay. Um, by the way, what is the name of your defense attorney?
|
Bush
|
Ruben Espinosa…
|
Williams
|
Okay.
|
Bush
|
…was the attorney. Now, it's some butt-head; I can't remember his name. His last name is Morales—M-O-R-A-L-E-S; and, it's not a public defender; it's an alternate defender. The guy's a real jerk; he's not familiar with anything other than just post-proceedings. I have to go to Department 64, um, every couple of months, just to check in; make sure I'm complying with the terms of my probation, and, uh, other court requirements that are given me. I have to go—in spite of no drug convictions—I still have to go to three, uh, A.A. or N.A. meetings a month.
|
Williams
|
Mm-hm.
|
Bush
|
Or, a week; and, I do. Um, I have to attend, uh, education group at a, um, drug treatment-slash-counseling center at Valley M ed; and, I go to that every Monday. Ugh! That's next… And, then, um… Ugh! Thank God I mentioned that; I would have…
|
Saunders
|
Well, if you have to be out of here…
|
Bush
|
No, no! I'm cool! I'm cool! It's at five o'clock, I think. Yeah…
|
Saunders
|
Okay.
|
Bush
|
…five or five-thirty—I can't remember. Yeah, so I'm...I've got another hour to get there.
|
Saunders
|
Okay.
|
Bush
|
And, it's not that far; so, we…we probably should wrap it up, like, in the next couple of minutes.
|
Saunders
|
Yeah, we should, because you're gonna wanna escape traffic.
|
Bush
|
Yeah, exactly. Don't wanna miss that, because if you can't miss 'em…
|
Saunders
|
Yeah.
|
Williams
|
Yeah.
|
Bush
|
…or they'll put you in jail.
|
Williams
|
Okay.
|
Bush
|
So, things like that…community service…
|
Saunders
|
Yeah, we need to wrap this up.
|
Bush
|
Alright, great.
|
Saunders
|
And, if, uh…yeah, okay, let's see: is there…is there anything else that we need right away?
|
Williams
|
Um…
|
Saunders
|
[To Williams] Why don't you take a quick look to make certain?
|
Williams
|
…let's see…
|
Bush
|
Everything we've discussed is actually somewhere in my documents or theirs.
|
Williams
|
Mm-hm.
|
Saunders
|
Yep.
|
Bush
|
And, you're definitely going to want to acquire transcripts of the proceeding in which, uh, the excessive force incident was…was discussed.
|
Williams
|
Mm-hm.
|
Bush
|
And, that's in case EE605073. That locks people in to a version of events, uh, that helps us in every way. So…
|
Williams
|
Mm-hm.
|
Saunders
|
Right.
|
Bush
|
Alright.
|
Williams
|
Um, let's see…hm…
|
Bush
|
That's so…
|
Williams
|
Are you currently working right now that your injuries would…?
|
Bush
|
[shakes head] [brains rattle]
|
Williams
|
Okay, um…
|
Saunders
|
Oh, by the way, uh, why did you spend three years in jail?
|
Bush
|
Fighting the case.
|
Saunders
|
Okay. Oh, oh! So…so, that was while they were still trying to convict you, you spent that time in jail?
|
Bush
|
Yes.
|
Saunders
|
I see.
|
Bush
|
Yes.
|
Williams
|
Alright.
|
Bush
|
Yeah.
|
Williams
|
Okay. Was there any kind of bond arrangement or…?
|
Bush
|
I could have bailed out if I could have afforded it.
|
Williams
|
Sure, okay. Alright. Mm…
|
Saunders
|
And, you said that those criminal proceedings resulted in…in acquittal, I guess?
|
Bush
|
[stutters] All the…all the, uh, charges that, um, I was…that I were [sic]…I was arrested for—arson was not one of them; that came while I was in jail…
|
Williams
|
Hm…
|
Saunders
|
Okay.
|
Bush
|
…completely separate. Um, Officer Flores arrested me for a violation of probation—that did not occur.
|
Saunders
|
Alright.
|
Bush
|
That has been thrown out. Um, the, uh, resisting arrest charge, the D.A. did not bring to court; they dropped that immediately. The under-the-influence, I fought and beat.
|
Saunders
|
Okay, so, that was what you were in jail for that you were fighting for three years?
|
Bush
|
So, all three…right. All three charges he brought have been knocked out.
|
Saunders
|
Okay.
|
Bush
|
Alright.
|
Saunders
|
Okay.
|
Williams
|
Okay, um…
|
Bush
|
And, none of those are felonies. The violation of probation is a felony.
|
Saunders
|
Okay.
|
Bush
|
And, I'm sure he came there with the intent of violating me, because that's what people kept saying to me, something about being "remanded…"
|
Williams
|
Mm-hm.
|
Bush
|
…over and over and over—walking down the street. You know, they were really pissed off, uh, about some things I put on the Internet, and things like that. And, um, so they were talking about remanding me the whole time. They kept talking about Officer Salas, my probation officer; they weren't mentioning Officer Flores or anybody. So, I expected the crap to come from Officer Salas. But, I mean, I'm not saying that he didn't have a role; but, um…
|
Williams
|
Mm-hm…
|
Bush
|
…I…I do know that the violation of probation, I mean, that wasn't even cleared with probation. He just threw that in there because he expected to get that quite easily—and, he did, so…
|
Williams
|
Okay.
|
Saunders
|
Right.
|
Bush
|
Well, they got the charge; but, they didn't actually win.
|
Williams
|
Okay. Um, so, what can you tell us about his allegation that, when he got the call, that he was told by other officers that you had—in the past—carried needles or…
|
Bush
|
[shakes head]
|
Williams
|
…held a knife.
|
Bush
|
Not one officer has ever caught me carrying a needle. There are no police reports…
|
Williams
|
Mm-hm.
|
Bush
|
…I have never, ever had a police officer even not document it, but catch me with a needle. I don't carry needles.
|
Williams
|
Mm-hm.
|
Bush
|
There is none of that.
|
Williams
|
Okay.
|
Bush
|
How that got in there, why that was said, must've been in his own defense; maybe he thought it would work.
|
Saunders
|
Oh, I'm sure he was just trying to find something to justify…
|
Bush
|
I have never carried a knife.
|
Williams
|
Mm-hm.
|
Bush
|
I own kitchen knives. If I ever had a… What happened was, is he came…a cop came into my apartment one time—I was in the kitchen cooking…
|
Saunders
|
That's what I thought when I read that.
|
Williams
|
Yeah.
|
Bush
|
I dropped it when he told me to, and that was the end of that incident.
|
Saunders
|
Yeah, even that police report's helpful…
|
Williams
|
Yeah, he's saying that...
|
Saunders
|
…because the officer says, "I never thought he was going to use it against me." [laughs]
|
Williams
|
Yeah, he says that at the end.
|
Saunders
|
So, that's…that's good; that's good.
|
Williams
|
Yeah.
|
Saunders
|
That's helpful for us, the, uh…
|
Bush
|
You know…
|
Saunders
|
[unintelligible]
|
Bush
|
…you guys don't know me—you read these police reports, and I imagine…I can only imagine what you think; but, really, you would be real surprised at how different…
|
Saunders
|
Well, that's why we wanted to talk to you…
|
Bush
|
Yeah.
|
Saunders
|
…because we can only get so much from a police report, you know...
|
Williams
|
Yeah.
|
Bush
|
Yeah.
|
Saunders
|
…you only get one of…one person's side of a story. [chuckles]
|
Bush
|
Yeah.
|
Williams
|
Yeah, we just wanna kinda talk it out because, you know, we know that they'll say these things before the jury; so, we just, you know, one thing less on their side to attack.
|
Saunders
|
Yeah.
|
Bush
|
And…and, that's…that really works against me. I don't…I don't…I mean…I…I know how I made, um, you know, so many enemies so quickly...
|
Williams
|
Mm-hm.
|
Bush
|
[unintelligible]
|
Saunders
|
Well, there's are lots of things we can do [unintelligible]…
|
Williams
|
Yeah, you know, I mean, if we even do go to trial, we'll, of course, try and exclude anything that we deem prejudicial…
|
Bush
|
Alright.
|
Williams
|
…and, you know, so…
|
Saunders
|
Yeah.
|
Williams
|
…we'll…we'll get back to that, of course; but, these are just things out there that, you know, we know that they're gonna try to get it, so…
|
Saunders
|
Yeah, we need to see all the angles…
|
Bush
|
Fine.
|
Saunders
|
...so we can figure out how to beat them.
|
Bush
|
Fine.
|
Saunders
|
Yeah.
|
Bush
|
So, you know, the Officer Stephen…Officer Stephen Payne, Jr., was, um, put on leave four months after my incident; he was videotaped by a grad…a San Jose State University student's…
|
Saunders
|
Oh, I saw that.
|
Williams
|
Mm-hm.
|
Bush
|
…loss…or, uh, roommate. Um, his attorney… What's his attorney's name? Vo Trang, or something like that? [sighs] I'm butchering it. Anyway…
|
Williams
|
Okay.
|
Bush
|
…uh, got him $250,000, I think…
|
Saunders
|
Right.
|
Bush
|
…over the incident; but, then again, they had video. What they really had working against them is nobody, uh…they actually took it to the D.A. to see if there were, you know, criminal charges in that. I guess two out of three of the reviewers decided there wasn't a criminal case against Stephen Payne, Jr.. So, I always thought that that would work against that guy; but, apparently, he made it work for himself, so…
|
Saunders
|
Mm-hm.
|
Bush
|
…that's still $100,000 under the average hush-money settlement amount...
|
Saunders
|
Mm-hm.
|
Bush
|
…of $350,000; but, he's a student from Vietnam; I'm sure he can find plenty of things to do with a quarter of a million dollars…
|
Saunders
|
Mm-hm, I'm sure.
|
Williams
|
Okay.
|
Saunders
|
Um, quickly, so, did you incur any medical expenses from all this?
|
Bush
|
Well, since I was in jail, no.
|
Saunders
|
Yeah, uh-huh.
|
Bush
|
Yeah. I'm sure if I had this looked at, something would be recommended for the, uh, shoulder. It's…it's not supposed to pop and creak and…and hurt and can't lay on it and stuff like that; but…
|
Wlliams
|
Mm-hm.
|
Bush
|
…I'm not in a position to demand any medical services of any consequence right now because I'm on a poor-person's insurance plan…
|
Saunders
|
Sure, sure.
|
Bush
|
…and, uh, county services…yikes!
|
Saunders
|
Sure, sure.
|
Williams
|
Mm-hm.
|
Saunders
|
That makes sense.
|
Bush
|
Yeah.
|
Saunders
|
Um, well, are there any other…
|
Bush
|
[shakes head]
|
Saunders
|
…any other [unintelligible]… I think you already talked about this [unintelligible]… [stutters] I think you already described all the pain and everything else that this has caused. Is there anything else that you haven't told us; any other pain or lasting results?
|
Bush
|
Well, no. People were eluding to this incident a lot prior. I mean, I actually feared it for a year and a half before it happened—not on a consistent basis; but, people were eluding to it—you know, kind of making fun of me or what-not. And, so, I know that they must have had some kind of contact with this guy or with police, in general, you know what I'm saying?
|
Williams
|
Mm-hm.
|
Bush
|
So, there was, I mean…that wasn't the only thing that bothered me; but, that had to be one of the big ones, you know what I mean? So, when it finally happened, it was just, like, "Wow," you know? I would say that there's some psychological damage there; but, how you qualify that or quantify that…
|
Williams
|
Mm-hm.
|
Bush
|
…I don't know how that works on your end. I mean, I could sit here and shed a tear over it, for sure, but, um—and I'm not being sarcastic—I mean, I really could; but, uh, you know, why?
|
Williams
|
Mm-hm.
|
Bush
|
I don't where that fits in to anything; that's, what: the punitive…
|
Saunders
|
It might be.
|
Bush
|
…damages phase or something.
|
Saunders
|
Or, it might…it…it could come in to compensatory damages.
|
Bush
|
Okay.
|
Saunders
|
I could look into it—punitive—for you (you have a lot to do), uh, investigate that a bit further.
|
Williams
|
Yeah.
|
Saunders
|
Um, okay. I have one more quick question for you; then, I'll turn it over to you to Marissa to see if she has anything.
|
Bush
|
Alright.
|
Saunders
|
Um, really quickly, when you filed your, uh, state law[suit]… So, you started with, uh, a Section 1983 federal claim, right?
|
Bush
|
Yeah, the C 08… one?
|
Saunders
|
And, then…then later, you amended your complaint and added a state law battery claim, right?
|
Bush
|
No. No, where did you get that?
|
Saunders
|
So, you…
|
Bush
|
Oh, I'm sorry, I filed this suit against Officer Flores…
|
Saunders
|
Right.
|
Bush
|
…attempted to, um, uh, amend the complaint with a third cause of action because there were two causes of action in the original complaint.
|
Saunders
|
Right.
|
Bush
|
The judge did not allow that, which is really weird because, if anything, the cause of action of battery is more apt than the excessive force.
|
Saunders
|
Mm-hm.
|
Williams
|
Mm-hm.
|
Saunders
|
Okay, so you added that state law battery claim?
|
Bush
|
I tried to do it with [stutters]. It was on my web site, and it's probably in the file somewhere; but, [unintelligible].
|
Williams
|
Mm-hm.
|
Saunders
|
Well, so, I think there were actually three attempts to amend…
|
Bush
|
There might have been. I might have tried.
|
Saunders
|
The third one was definitely denied; the second one, I think is still there because they filed an answer, right?
|
Williams
|
Mm-hm.
|
Saunders
|
To the second complaint.
|
Williams
|
Mm-hm.
|
Saunders
|
Okay, so, I, uh…we'll have to...
|
Williams
|
We'll go back and check.
|
Saunders
|
…we'll dig; but…but, my question is when filed that state law claim, did you send anything to the Government Claims Board before filing a claim, uh, state law claim against the police?
|
Bush
|
The procedure for that is to first…you're saying I need to exhaust my administrative remedies procedures, right?
|
Saunders
|
Right.
|
Bush
|
Right. There's no claims board; I don't… Well, uh, I think I did two things: there was the, um, claim that went to the County of Santa Clara—I don't even think that's the right one. But, I remember filling out something.
|
Williams
|
Mm-hm.
|
Bush
|
Whatever you're supposed to do, I did—I know that because I've done it before for someone else, um, afterwards. Whatever it is you're supposed to do, I definitely did. So, look wherever you're supposed to look for the exhaustion of available administrative remedies, you will find me in there. I know that I filed the, um…the…the claim with the police department itself, the, um, not the Independent Police Auditor, but the, um, Internal Affairs…
|
Williams
|
Mm-hm.
|
Saunders
|
Right, right, right.
|
Bush
|
…okay? Because they came out to visit me in the jail. Uh, you would definitely want to get a recording of that, if they'll allow it.
|
Saunders
|
Sure.
|
Bush
|
Please do. That would…
|
Saunders
|
That…that was your interview with who?
|
Bush
|
With the, uh, Internal Affairs. Um, if you put that on your to-do list, it'll, um…
|
Williams
|
Okay.
|
Saunders
|
It was…
|
Bush
|
I don't know if you'll get anything out of it for the case; but, I mean, some of the things I'm saying, you really need to hear for yourself..
|
Saunders
|
Yeah, it sounds [inaudible], too.
|
Bush
|
…you know?
|
Williams
|
Mm-hm.
|
Bush
|
You really need to hear it for yourself, some of the things I've been telling you. So..and, you will in that recording; they were just unbelievable. And, then, um [sighs], a document went out describing the incident to the Independent Police Office…Auditor's Office, which isn't a requirement, but I did it. They are actually waiting for medical records; they…they, um, based on the facts they have so far, they feel like the case should not have been closed by Internal Affairs; so, they want to [review] it before they actually make the demand to reopen the case…
|
Williams
|
Mm-hm.
|
Bush
|
…they want to show proof of injury.
|
Williams
|
Okay.
|
Saunders
|
Okay. And, uh...
|
Bush
|
Shivaun Nuve, uh…Shivaun Nurre; I hope I'm getting her name right; she is my contact at the Independent Police Auditor's Office.
|
Saunders
|
Do you know how to spell her name?
|
Bush
|
I will look it up right now. It's S-H-I-V-A-U-N…N-U-R-R-E.
|
Saunders
|
Okay
|
Williams
|
Mm-hm.
|
Saunders
|
And, if you still have a copy of whatever you filed, uh, whatever paperwork you filed to me, if…if…if it's not on P.A.C.E.R., if you can get a hold of that and send that to us, that'd be great. If you don't have it, that's okay, too.
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Bush
|
Okay, you know, there was the…there was the letter to the F.B.I., uh…
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Saunders
|
I saw that; we have that, yeah. I've seen that.
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Bush
|
That went to the, uh… Well, that's the one…the one you have, I think, is the one that went to the district attorney.
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Saunders
|
Yeah
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Bush
|
The one that went to the F.B.I. was a little bit more descript at the end…
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Williams
|
Mm-hm.
|
Bush
|
…where it said you are required to investigate these allegations by your own…
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Williams
|
Mm-hm.
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Bush
|
…guidelines; and, I quoted, like, the exact section of their manual, and…and…everything, um…
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Saunders
|
Right. I think our…I think I might have attached that to one of your motions…
|
Williams
|
Yeah.
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Saunders
|
[inaudible] I think I recall…
|
Bush
|
You saw it, then?
|
Saunders
|
Yeah.
|
Bush
|
Excellent. That makes me happy.
|
Saunders
|
Yeah.
|
Bush
|
Alright.
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Williams
|
Mm, great. Is there anything else that you wanted to know or…?
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Bush
|
[shakes head] Nope.
|
Williams
|
Okay.
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Saunders
|
Okay, we'll get you on your way…
|
Williams
|
Yeah.
|
Saunders
|
…so you can make your appointment.
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Bush
|
Thank you. Thank you.
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