Tuesday, May 1, 2012

JUSTICE | Kaye Scholer skirts federal court rules to withdrawal from cop brutality case

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.
Bush
Not a problem.
Saunders
Okay…
Bush
It's only going to get me in trouble, anyway… [laughs]
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? 
Bush
Sure.
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…
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…
Saunders
Yeah, yeah. You don't have to…you don't have to do it now.
Bush
Okay.
Saunders
You can, if you'd like to; it's up to you.
Bush
Maybe, uh—"out of pocket costs of an unusual nature"—I'm sure that won't come up.
Williams
Mm-hm.
Bush
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?
Williams
I mean, I don't think anything [that] we anticipate in this kind of case…
Bush
Mm-hm…
Williams
…but, if something did come up, we would have to clear it with you first…
Bush
Oh, okay.
Williams
…um…
Bush
Oh, okay; so, I wouldn't be surprised.
Williams
Yeah, no; we wouldn't hand you a bill later and…
Bush 
What about medical fees? I'm sure you're gonna want, like, medical examinations and things like that, right or no?
Saunders
Uh, you…you mean, the fees that it would cost to get those records?
Bush
Yeah, well, not that; but, um, also, like, an examination…
Saunders
Oh, the exam…
Bush
Yeah…
Saunders
…have you examined.
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...
Bush
Okay.
Williams
…so, that's something that we'll probably, you know, cross that bridge when we come to it.
Bush
I'm sorry: where do I sign? Not there…
Saunders
Uh, no, no. You sign right there.
Bush
Yeah.
Saunders
By the way, do you want any coffee or water or anything?
Bush
I'm good, thanks.
Saunders
Okay.
Bush
Happy Halloween, by the way.
Saunders
Yeah, same to you.
Bush
Okay. There you go.
Williams
Alright.
Saunders
Thank you.
Williams
And, we'll scan that and send you a copy, as well.
Bush
Okay.
Saunders
[to Williams] Is this your pen?
Williams
[to Saunders] Uh, yeah.
Saunders
[to Williams] Okay, is there any…any other preliminary matters you want to go over? 
Williams
[to Saunders] Yeah, I think that's pretty much it.
Saunders
Okay, I…so, I think we'd like to just jump in and have you give us a narrative of what happened.
Bush
[sighs] Okay.
Saunders
Let's start with, um…I guess there was this phone call—someone called the police for some reason, right?
Bush
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.
Saunders
Right.
Bush
Um, I contend that I was at the law library at the time.
Saunders
Mm-hm….
Bush
And, um…
Saunders
Which law library?
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…
Saunders
No, we're…I'm not actually sure about…
Williams
Yeah…
Saunders
…that, to be perfectly honest. I…it…it's a non-violent offense, even if it was an offense.
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…
Williams
Mm-hm.
Bush
…(you know what I mean?) when they got there.
Saunders
Right.
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.
Saunders
Okay, so, you think the police spoke to your roommate?
Bush
I know they did.
Saunders
Okay. And, that he let them in?
Bush
Yeah, yeah. That…
Williams
And, he left at that point, right?
Bush
He walked right out, yeah.
Williams
Okay.
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.
Saunders
Okay.
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.
Williams
Okay.
Saunders
Do you know when, uh, where he was?
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.
Saunders
Mm-hm.
Williams
Mm-hm.
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."
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?
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."
Saunders
So, at this point, they're not inside your apartment...
Bush
No...
Saunders
…they're outside your front door?
Bush
…they're outside my front door, but in the building.
Williams
Okay, so, like, the communal hallway.
Bush
Right.
Saunders
Okay.
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.
Saunders
Their guns were drawn?
Bush
Right, right. They're screaming like something had happened really bad.
Williams
Mm-hm.
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.
Saunders
He was that close to you?
Bush
He was that close.
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…
Williams
Okay.
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."
Saunders
Interesting. So, you were face-down, on the ground…
Bush
I was already on the floor, with my hands…
Saunders
…with your hands behind your back…
Bush
…with my hands behind my back…
Saunders
Okay.
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.
Saunders
Okay.
Bush
And, that…that caused the break in my rib.
Saunders
And, that's what the, uh, doctor said?
Bush
That's what the doctor said.
Williams
Mm-hm.
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…
Williams
Mm-hm.
Bush
That could be any one of those days, I don't know.
Saunders
Okay.
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.
Saunders
Okay. Um, so…
Bush
And, then he pulled up the…the arm, with handcuffs on…
Williams
Mm-hm.
Bush
…and that…you can still…you can see, actually, there's two things right here… [points to left shoulder]
Saunders
Is that right?
Bush
…and only one over here. [points to right shoulder] Yeah.
Saunders
Okay.
Bush
You can't see it through the shirt; but, anyway, yeah.
Saunders
Okay, yeah. Well, we'll definitely come back to that.
Bush
Alright.
Saunders
Let's take a couple [of] steps back here…
Bush
Alright.
Saunders
Um, so, when they're standing at the door to your apartment, and you came out of…your bedroom, I guess?
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…
Williams
Mm-hm.
Bush
…with the TV over there, da-da-da-da-da-da.
Williams
Mm-hm.
Saunders
Yeah.
Williams
Clearly. If you want, can you just draw…?
Bush
Yeah.
Saunders
Just sketch your apartment; I'm…I'm not able to visualize it.
Bush
Sure. [sketches] This…this is a parking lot…
Saunders 
Okay.
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.
Saunders
Oh, I see. Okay.
Bush
This is the balcony; it's huge.
Saunders
Okay.
Bush
Um, here's the doorway. You know, so you climb up the stairs. You know, the door here. Here's the hallway.
Williams
Mm-hm.
Saunders
And, that's the inside of your apartment, there?
Bush
No. The, uh...
Saunders
Okay, that's the, uh…
Bush
There's another apartment here.
Saunders
Oh, I see, I see…okay.
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…
Saunders
Okay.
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.
Saunders
Okay.
Bush
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…
Williams
Mm-hm.
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…
Saunders
Mm-hm.
Williams
Mm-hm.
Bush
…I didn't what know the fuck.
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…
Williams
Mm-hm.
Bush
…but it…when I heard what it was about, I'm, like...
Williams
Mm-hm.
Saunders
Mm-hm.
Williams
And, you had been sleeping, as well, at that time?
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.
Saunders
Okay.
Williams
Mm-hm.
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…
Saunders
Okay, so, you came to the front door?
Bush
I came outside; stood right there.
Saunders
Okay.
Bush
And, Officer Flores is right here. And, you know about Officer Stephen Payne, Jr., right?
Williams
Mm-hm.
Bush
Who is also present.
Williams
Mm-hm.
Bush
Okay, you know about his…?
Williams
Yeah.
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.
Williams
Mm-hm.
Bush
Uh, so, I was, like, right in front of this apartment right here.
Saunders
Okay.
Bush
I don't know if there was any other witnesses.
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…
Williams
Mm-hm.
Saunders
Mm-hm.
Bush
…who also knew me.
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...
Saunders
That's right; we did not get the explanation.
Williams
Yeah.
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.
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?
Bush
They were right there.
Saunders
I see.
Williams
Mm-hm.
Saunders
Okay.
Bush
Yeah, just waiting.
Williams
Mm-hm.
Saunders
Okay.
Bush
Yeah.
Williams
Okay.
Saunders
And, uh, how big were these guys?
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…
Saunders
Right.
Bush
…size…size comparison, and that kind of thing. They were all four male, there were four of them…
Williams
Mm-hm.
Bush
…the other three are largish, especially Officer Payne, Jr.—he's a giant. And, um…
Saunders
You didn't know how tall?
Bush
I would say…
Saunders
Would you say over six feet?
Bush
Over six feet, and then some, yeah. Six feet and some change, for sure.
Williams
Heavy set? 
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…?
Bush
I was just cleaning their baseboards and their refrigerators and things like that…
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...
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.
Bush
Okay, you know, there was the…there was the letter to the F.B.I., uh…
Saunders
I saw that; we have that, yeah. I've seen that.
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.
Saunders
Yeah
Bush
The one that went to the F.B.I. was a little bit more descript at the end…
Williams
Mm-hm.
Bush
…where it said you are required to investigate these allegations by your own…
Williams
Mm-hm.
Bush
…guidelines; and, I quoted, like, the exact section of their manual, and…and…everything, um…
Saunders
Right. I think our…I think I might have attached that to one of your motions…
Williams
Yeah.
Saunders
[inaudible] I think I recall…
Bush
You saw it, then?
Saunders
Yeah.
Bush
Excellent. That makes me happy.
Saunders
Yeah.
Bush
Alright.
Williams
Mm, great. Is there anything else that you wanted to know or…?
Bush
[shakes head] Nope.
Williams
Okay.
Saunders
Okay, we'll get you on your way…
Williams
Yeah.
Saunders
…so you can make your appointment.
Bush
Thank you. Thank you.

Rerun