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.