A "Tuzzo" person leaps from the bushes as I pull into the parking lot with my mother at a local motel and attacks; as I veer away, he pretends to get hit by my car, and later tells police that I tried to assault him with it.
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| The Voices Demons temporarily stopped their 24-hours-a-day assaults during her one-week visit from Indiana to San Jose last September; however, they didn't stop altogether—it just wasn't all day long |
Police Report in Hit-and-Run/Assault with a Deadly Weapon
My mother is the same person who was ordered to pay $7,000 by the Superior Court of California for stealing computer equipment containing evidence to be used against her in a federal court:
Judgment Against Defendant Kathy Bickel
In this series of phone calls to her, I get her to inadvertently confess to lying to the police, specifically, by getting her to admit that the man attacked me, and wasn't just an innocent bystander as he claimed:
Operator: The number you are calling has privacy manager, a caller ID service and your number is not identified. At the tone, say your name or the company you represent and your call will be completed:
James: Santa Clara County Public Defender's Office
Operator: Please hold while your call is completed. Still trying...still trying...
Kathy: Hello?
James: Hello! How are you?
Kathy: Fine.
James: Good. Good. Um, we got cut off the other day so I thought I'd call you back and try to finish up where we were...where we left off.
Kathy: Well, you've got a much clearer voice this time. I could still hear my echo; but, the last time...um...you were real, real faded out.
James: Yeah. Well, anyway, um...we were trying to establish, um...I think I kind of got off track; but, is was something that concerned me. I got the feeling that, for some odd reason—maybe I just misread you—I don't think I did, though...do you think I am, in some way, a danger to, to Tyler?! Uh, I don't really put...
Kathy: It does conc—...
James: Go ahead...
Kathy: It does concern me that, if you were here doing drugs, you could be.
James: Well, I agree. Anybody doing drugs around a child is, you know, not a responsible person. Um, I just couldn't, uh, quite understand why...how that came into play with this whole court case thing; because, it was a comment you made as police entered the restaurant. I, I just thought to myself, "My goodness! Why in the world—first of all, you know I'm never going to live to get there, anyway. Second of all, I would never be that irresponsible. And, two...three, you know, I just kind of got the feeling that, you know, there might been a little bit more to it; so, if you're being, um...if you're holding back anything, now is the time to go ahead and let it...let it looose and just let me know what your concerns are specifically. Do you...you've made a couple of "babies" related comments in the past, uh, that kind of been...I don't know—the innuendo was...was along the lines of what you just said now and I'm just wondering if maybe there's a little bit more to this story than I'm hearing. If there is, please just...don't let pry it out of you. Just tell me what it is. Just: BOOM! [snaps] What is it?
Kathy: I'm not...Well, I don't think there's anything, hon.
James: Okay. Well, I was just...
Kathy: I do resent the fact that you drove me around, uh, California there going pretty fast. I didn't like that.
James: Um, what?!
Kathy: You know that...right before you, um, acted like you were going to run over that guy, um, you were driving me around, you know, at pretty high speeds and were screaming at me and beating on the steering wheel.
James: Uh-huh.
Kathy: And, I didn't like that at all.
James: Oh, okay. Well, anyway...
Kathy: Pretty scary behavior.
James: Uh-huh.
Kathy: And, then, you didn't, you know, just acting like you were going to run over that man...
James: Uh-huh.
Kathy: ...and that really scared me. And, I thought, "Boy, he's Angus in the car."
James: Wow! Okay, well, that's pretty creative. Um...
Kathy: What, honey?
James: I said, "That's pretty creative." Okay, um, yesterday, I went to the public defender's office and I picked up a copy of the police report. I thought maybe I'd go over that with you. Um, but, first, before I do that: I got the feeling that, um, you've been in contact with the...my side of the, uh, table...the public defender. Have you been calling them?
Kathy: Who?!
James: The public defender.
Kathy: No!
James: Well, they, they, um...I don't know. I, I asked, you know, for the, for the police report and they said something about, uh, "that lady," or something, uh, calling; but, it sounds like they were, um...
Kathy: Um-um. Wasn't me.
James: Okay. Let's see here. So, here's what they said in the police report. You tell me where this differs from what you, uh, what you've, um...what you recollect:
On 12/13, 17:28 hours I was dispatched to the Howard Johnson Motel, located at yada-yada, regarding a hit-and-run and an assault with a deadly weapon.Kathy: Hotel?! We were at the Sizzler Restaurant.
James: We were at the hotel when I "tried to run over the guy"...
Kathy: Oh! Okay.
James: ...as you put it.
Kathy: Well, somebody else tried to call, too, honey. Well, [unintelligible] tried to call to. Other people saw it.
James: Yeah, right, right. Okay, so the victim stated [that] he collided with the suspect while he was on his bicycle. Now, none of us say that, right?
Kathy: Nope.
James: Okay. The victim...
Kathy: He wasn't on the bicycle. He was off the bicycle, pulling it around the car.
James: Alright. The victim approached the suspect to inform him of the accident. The suspect reversed the vehicle away from the victim...
Kathy: Oh! Now, just a minute! Let me back up. I though you meant after that. The whole incident, that he was on his bicycle and you did not hit him and he ran into the side of us.
James: Okay. And, um, so, the suspect reversed the vehicle away from the victim (approximately 25 feet away). The suspect then drove his vehicle forward at the victim...
Kathy: Well, it was not 25 feet away.
James: Yeah. I, uh...
The vic—the suspect then drove his vehicle forward at the victim as though he was going to hit the victim. The victim feared for his safety and pulled out of the way of the vehicle. Before the suspect reversed again, his license plate fell off at the scene. The suspect was last seen by the victim fleeing west on El Camino Real. The victim retrieved...
Kathy: You only did it one time. You didn't back up and then do it again.
James: That's not quite what he's saying. Um, he's saying, I backed up, I pulled forward, as if I were going to hit the victim. He supposedly moves out of the way and, uh, then I reverse and I leave. And, as I reverse, my license plate fell off, is what they're saying. The suspect is...
Kathy: Well, I don't know about that...
James: Yeah, well...
Kathy: [unintelligible]
James: Right. So, the suspect was last seen by the victim fleeing west on El Camino Real. The victim retrieved the license plate and the manager of the hotel called the police.
But, now, the first time, when he was looking at us, when, when we were pulling into the hotel, he saw us. And, he did not stop. And, he ran into the side of the us. We did not hit him. He ran into the side of us.
Kathy: Okay.
James: And, then, he started screaming and yelling and he came around to your side of the car to take it up with you and was yelling and screaming and then that's when you did that and that was it. I...I pretty much concur with that, so far. Um, that's what I told police, also. You'll hear that in the recorded statement. Anyway, within approximately 20 minutes of the initial call, dispatched...dispatch was called by a manager at the Sizzler[s], located 2855 Augustine Avenue—well, I'll be darned—regarding a patron asking one of the workers to call the police.
Kathy: Yep.
James: Officers responded and through an investigation, it revealed the patron who requested that the police be called was the mother of the suspect and passenger of the vehicle. The victim was taken to...
Kathy: Right.
James: ...the location of the suspect, where he positively identified, Bush, as being the suspect. The suspect was taken to the SCPD (Santa Clara County Police Department), where he gave an...a recorded statement. It was a 44 minute long recorded statement, where I constantly repeated my story verbatim, as I pretty much recorded...recounted with you; because, I wasn't trying to hit the guy; because I could have if I wanted to. Um, but, uh, still, pretty much everything we said so far is dead-on. Um, especially the screaming part and with me kind of being afraid for my life, after everything that was going on. And, I want to bring up something with you that the police said that you said that I said, uh, during that time. But, anyway, except at the very end, where they filed...kept repeating what they wanted me to say and then I told them, "Okay, yeah. This is the story. Whatever." Anyway: the suspect admitted to driving the vehicle at the victim to scare the victim. Okay, now, now, they kept saying—the police—uh, "James, your mother told us that you were saying you're going to"...that ;"I'm going to teach these people a lesson." That I kept repeating that over and over. Do you recall me saying that?
Kathy: Not now. No. If...I don't remember, I don't remember that.
James: I almost do. But, they...they were adamant about it. I don't...I didn't recall saying it; I still don't; but, boy! They repeated it so many times in my head that I almost feel like I did and, um...
Kathy: You could have.
James: Yeah, yeah.
Kathy: I remember.
James: Yeah, you know, I didn't think of it at the time; but, I should have said, "Well, what people do you think I'm talking about?" What people...now, let's just say I said that. Let me ask you something: what people do you think I'm talking about? If I...if I said that, what people do you think I'd be talking about, do you think?
Kathy: Honey, I don't know!
James: I know. It's not a trick question, I just wondered. Okay. Alright. Well, anyway. Um, let's move on. Let's move on. Alright. So, then we got a list of the Officers, uh, and the...the witnesses and, uh...let's see here...um...the victim is Joey Rositas. Rositas had complained...
Kathy: Roy who?
James: Rositas. He had a complaint of pain, soreness in his left elbow. He said [that] when the suspect drove at him with his vehicle, Rositas jumped out of the way, landing on his left elbow and back. He declined...
Kathy: He what?
James: ...lefting on his...landing on his left elbow and back. He declined medical attention.
Kathy: Did he say you actually made contact with him?
James: No, he said he actually jumped out of the way and fell down.
Kathy: And, he did.
James: Okay.
Kathy: I did see that.
James: Okay. Good. Well, um, great. Now, let's see here. Um...he declined medical attention. He said he was riding his bicycle west on the sidewalk, when he got involved in a non-injury collision with the suspect. He said the suspect had pulled into the parking lot after the impact and did not initially stop. He yelled, "Hey!" and approached the driver's side of the suspect's vehicle. Rositas said he was approximately five feet away from the suspect's window. The suspect rolled down his window; however, did not say anything. Rositas said the suspect then reversed the vehicle approximately 25 feet away.
Kathy: Rositas...ooh!
[call disconnects] [redialing]
James: Somebody's listening [in] and it ain't Tuzzo, neither.The second phone call
Operator: ...ID service and your number is not identified. At that tone, say your name or the company you represent and your call will be completed.
James: James Bush
Operator: Please hold while your call is completed.
James: Hm...
Operator: Still trying...still trying...
Kathy: What happened?
James: I don't know. Just got disconnected. So, let's...let me resume where I was. Not much...too much further to go here. Um...where was I? The suspect rolled down his window; however, did not say anything. The suspect then reversed the vehicle approximately 25 feet away...
Kathy: Well, because the guy was screaming!
James: Yeah, I agree. Uh, Rositas thought the suspect was going to back out of the parking lot driveway onto El Camino Real. Rositas said he walked toward the vehicle (approximately 20 feet away). Meaning: he chased our car, right?
Kathy: Yes.
James: Okay. And, said, "You're just going to leave?" He said [that] the traffic on El Camino Real was clear behind the suspect's vehicle so, he's almost certain the suspect was going to reverse out and leave. Now, I've told police—and I maintain this—that there [were] cars coming.
Kathy: Oh yeah, there were a lot of cars coming.
James: Exactly! That's why I couldn't and this guy was chasing my car, right?
Kathy: Yes. Right.
James: So, naturally, I pull forward. Now, how's he 5 feet away from the passenger side, or my side of the window, right? And, still in front of my car for me to pull 25 feet up and hit him? Does the math not work out there or am I just an idiot?
Kathy: Well, I'm not much on math; but, I just know what happened.
James: Yeah, well, that's what I'm saying. Okay, you know, they say he followed me. He was 25 feet away, then I back up. He follows me. He goes 20 feet. He's 5 feet away from my car. Now, supposedly I drive—and, if you go back to the beginning of the report—25 feet up to him, well, then, you know, obviously, he's behind me at this point by that logic. So, this is why I'm fighting this case. It's crap like this. So, anyway, it says that, "traffic was clear." It was not. You just said that it was not, either.
Kathy: Yeah.
James: Uh, Rositas said that suspect mumbled something to the effect of, "unlucky day." It was unclear exactly what was said. I think it's pretty clear, um, that police actually slipped during their interrogation. Um, they made some comments about what you and I had been talking about in the car, meaning that the conversation had been monitored. That's not unusual. They monitor most everything I do. Um, that's not paranoia, neither; that...they clearly do this. But, anyway, "Rositas said when he was standing approximately 20 feet away from the suspect he saw the tires of the suspect's vehicle turn towards his direction. The tires made a screeching noise and the suspect drove towards the victim at approximately 5 to 10 miles per hour. The suspect said he heard the passenger of the vehicle yell, 'No!'" Uh, letting off the gas drives you at 5 miles an hour. Um, the victim said that when the suspect's vehicle was approximately 2 feet in front of him, he dropped his bike and jumped backwards. Rositas said he feared the suspect was going to hit him if he had not jumped out of the way. Rositas said that it happened so fast that he was unable to push his bicycle out of the way." Now, do you remember me hitting his bike?
Kathy: No.
James: No. Me, neither. And, you know, there was no damage to my car whatsoever until two nights ago, when somebody came over here and damaged the front of my car. That's okay; because, I've got pictures from after the accident. So, do the police. Alright, so, anyway: uh, "Rositas said he landed on his back, while in the bushes. He had soreness in his left elbow from the fall. The suspect drove up on the curb and into the painter box. Approximately two feet away from the victim. Uh, you should hear...
Kathy: Now, that's not true; because, your tire mark...you could see it—it was about, maybe, 12 or 18 inches.
James: Mm-hm. So, "the suspect reversed"...did you go back to the scene and look?
Kathy: Honey, I was staying at the motel there, yeah!
James: You mean after I went to jail?
Kathy: Yes, I was staying in the hotel!
James: So...right. Okay. "So, the suspect reversed the vehicle again and immediately got up because he was scared the suspect was going to try and run him over." That guy didn't look very scared to me. Did he you?
Kathy: Well, he looked more mad than anything.
James: Mm-hm. Uh, "once the vehicle"...""once the victim saw the suspect reverse onto El Camino Real and [drive] west, he ran to the sidewalk and threw his handheld reflector light at the suspect's vehicle" and he hit our car.
Kathy: Yes, he did.
James: Okay, um...
Kathy: I remember it hitting the car. That's how I knew he wasn't hurt too bad because he was having a fit over there and threw that.
James: Hm! "Rositas he tried to wave cars on El Camino Real down in hopes they would chase the suspect; but, he had no luck. Rositas said he then returned to..."
Kathy: Well...
James: "...the area by the bushes where his bicycle was laying and found a license plate." Police statements are very interesting on the recording. They're talking about, uh, "Yeah, it got ripped off." Uh, anyway... Oh, by the way! That never got returned to me.
[call disconnects]
James: Is this malicious prosecution? Is that what we're concerned with here? Wrongful prosecution, wrongful arrest. Unlawful/detainment imprisonment. I don't...what are we concerned with here? Why isn't this going through?
The third call
Operator: Please hold while your call is completed.
James: What's happening?
Kathy: I have no idea. I really have no idea. [cough]
James: It seems to cut out all the time. Every time I start...get going on something, it just cuts right out. Well, anywho, where was I? Let's see...uh...he threw the reflector—we talked about that. It said—they said that "the suspect tried"...or, not the suspect, "the victim (Rositas) tried to wave cars"...uh..."on El Camino Real down in hopes that they would chase the suspect; but, he had no luck.
Kathy: I'll bet not. He looked like an itinerant.
James: Well, um, that, and, anyway. There's a couple of different versions as to what he did afterwards; but, anyway, "Rositas said he then returned to the area by the bushes where his bicycle was laying and found a license plate which fell off the suspect's vehicle." How convenient. "Rositas said the manager of the hotel was looking out the window at this point so the victim told the manager to call the police. Rositas said the suspect was a WMA." Have no idea what that means.
Kathy: White male...
James: Asshole, probably.
Kathy: [unintelligible]
James: "Light brown hair—almost bald. Thin (approximately 160 pounds) and had no facial hair. Rositas said he would be able to identify him again. Description of the suspect's vehicle: Rositas said the vehicle appeared to be dark green and a newer model. Rositas provided the California license plate 5DLG298, which he recovered at the scene after the suspect left. Rositas said he would be able to identify the vehicle if he saw it again. A records check revealed the registered owner as James Bush. Rositas said the passenger was a WFA..."
Kathy: Yeah. (not in mother's voice—sounds like my aunt, Kim Fisher)
James: "...approximately 20 to 25 years old. It was hard for him to say how old, only that she looked young."
Kathy: How old?!
James: 20 to 25. Well! Sounds like you and Rositas ought to...[laughs]...he might be the man for you!
Kathy: [unintelligible] I'll pass.
James: Hm. "It was hard for him to say how old, only that she looked younger. The bicycle Rositas was riding was a Motiv Versato, serial number GS60414260. The bicycle was purchased at...by Rositas approximately 2 to 3 months ago and is valued at $250. The back gears on the bicycle had been broken off and were connected by the chain." I didn't see him riding the bike at all. He was just pushing it.
Kathy: Well, I did. He was heading right towards us.
James: "The right handle and the right pedal were covered with mud from being pushed into the planter box." Seems like that would have scratched my car or something, you know?
Kathy: Well, I don't think you ever made contact, honey.
James: I didn't, is the thing. Anyway, that's a whole other issue. " But: "The photos were taken of the bicycle and it was released to Rositas at the scene. While I conducted the investigation at the scene, dispatch received a call by the manager..." Okay, so now we're going over a, uh...okay, now we're at the restaurant, I guess, regarding a patron asking one of the workers to call the police. Officers arrived and it was revealed that the patron was the mother of the suspect and was at the restaurant with the suspect." And, there's a supplemental report: Officer Serna's Supplemental Report, which I don't have. That must be something else that I need to pick up. "At approximately 1815 hours, I drove, uh, to the Sizzler's, where Bush was being detained. Prior to arrival, I read" something "our department-issued infield line-up admonishment." Somebody "said he understood," I guess. Somebody said, "Rositas. The victim and I were inside the patrol vehicle, approximately 30 feet from the suspect, who was outside in front of the Sizzler's with Officer Serna and Officer Knight. The suspect was in a well-lit area and fully visible. The victim looked at Bush and said, "Yes, I am positive that is him. I told the victim to take his time and look again. The victim then positively identified Bush as being the suspect and mentioned the blackness under Bush's eyes. The victim also mentioned that he recognized the female susp—subject standing nearby, as a passenger in the vehicle (the suspect's mother). Suspect Bush was arrested and transported by Officer Haverty to the SCPD. Certified phlebotomy technician, Maura Esquera, arrived at SCPD and drew blood from Bush. The vials of blood were collected and deposited in the refrigerator of the evidence room at SCPD." Now, this, to me, insinuates they might have thought, "Maybe Mr. Bush has a, you know, drugs in his body." Funny, they didn't give me a breathalyzer. It's almost as though they didn't know I drank...uh, they know I don't drink; but, that could be just my paranoia.
Kathy: [unintelligible] A blood test will cover everything.
James: So anyway, they...they put the vials in the refrigerator, apparently—in the evidence room. I don't know why. Uh, seems like every time I get, uh...run in to the police, they draw my blood and put it in the refrigerator. Anyway...
Kathy: That's normal.
James: Yeah, okay. "The suspect's vehicle was towed by Lima Tow (refer to Officer Serna's Supplemental Report for the damage to the suspect's vehicle), which was none and remains none, uh, except for what somebody did a couple of nights ago. Uh, after completing my investigation at the scene, I arrived at the SCPD and met with suspect Bush. Due to a medical condition, Bush was held in the SCPD waiting area." What do you think they meant by that? Can I read that again to you? "Due to a medical condition, Bush was held in the SCPD waiting area."
Kathy: Well, it sounds like they knew you had a medical condition.
James: Which one do you think they would think I had that would cause them not to take me to somewhere they might take people without this medical condition? Which one do you think that might have been?
Kathy: Well, you [said you] had AIDS. You sat there on the curb and told them you had AIDS.
James: Oh, okay. I don't think I told them that; but, okay. "I informed Bush I would be recording his statement and read him his Miranda rights from our department-issued Miranda Admonishment. Bush stated he understood his rights and was willing to tell his side of how the incident occured." Okay, supposedly, this is my statement: "The entire statement and Miranda warning were 44 minutes and 11 seconds. The statement was digitally recorded and two copies were burned onto two CDs, which were booked into the evidence room at SCPD. The following is not verbatim; but, the general principles of Bush's statement: Bush admitted to heading west on El Camino Real and making a righthand turn into the parking lot of the Howard Johnson Hotel. He said he was not aware he had hit the bicyclist. Bush said the bicycle hit his vehicle in the trunk area." Now, I meant he hit it with his fist; but, they kind of implying that I might have driven it into the bike/trunk...whatever! You know, driving into my trunk doesn't make sense if I'm going forward. That means he ran into me; but, anyway. You know, maybe I just think differently. Oh, here we go!
[call disconnects]The fourth call
Transcripts of the fourth call
Kathy Bickel 04-17-07 10-06 AM from James Bush on Vimeo.
Operator: ...caller ID service and your number is not identified. At the tone, say your name or the company you represent and your call will be completed. [tone]
James: James Bush
Operator: Please hold while your call is being completed. Still trying...
Kathy: Okay!
James: Goodness gracious! Well, I'm about...about to run out of battery power, so I'm gonna have to hurry this along and I'll have to go about...we'll have to, to pick it up later today. Um, let me see what I can get out here. Let's see...[sighs]. Okay, so: "...made a right turn. The man then approached the driver's side of his vehicle. The man was very aggressive and he felt threatened." I don't know if you concur or not.
Kathy: Yeah, I do.
James: You do?
Kathy: Hm-mm.
James: "Bush rolled down his window; however, did not say anything to the bicyclist. Bush said he reversed to leave the parking lot because he feared for his safety. Bush said he looked back and thought he saw cars driving on El Camino Real, so he stopped on reversing the vehicle. Bush said the man was in front of the vehicle, starting to walk toward[s] him. Bush described the man as approximately three feet to the left of his the vehicle and at least 12 feet in front of the vehicle. Bush said he then pulled forward and started to drive toward the man. Bush said initially said he felt as though he was trapped and was threatened by the man, so he wanted to scare the man away." That is, actually, in part, true. Uh, that's actually, really, honestly, how I felt. I felt like I was trapped and I did feel threatened. You know all the things that have been happening, right? I mean...
Kathy: Right.
James: I mean, all...with the...stalkers and all the, you know...blah blah blah...you know about all of that.
Kathy: Right.
James: So, um...let's see, where was I? Hmmm...sorry, it's early in the morning. Did I tell you about that job interview I went to where that guy, uh, said he placed a technical writer at a funeral home?
Kathy: Yeah.
James: [laughs] I don't remember telling you about that or not. Isn't that nuts?
Kathy: Yeah, pretty crazy.
James: I got...I got that on tape. It's depressing. All my interviews are like that. Well, let's see. Here's a good one. Here's a good one:
[Jon Harrington's voice in a recording] We were told that, like, that's three different affiliations—three different races—that have not come to not so much protect you so much; but, to exploit you.
That's a lot of races to come exploit me, huh? Okay. Um, where was I? "Bush said he was acting in self-defense because he was scared. I agreed. Although he was not able to explain why he was scared—because I was—other than the man had an aggressive tone. Bush said he had a cellphone and could have called the police. He also said the man was not reaching through the vehicle window, which he had down. Bush denied driving up on the curb or hitting the bicycle. Bush later admitted he drove his vehicle straight towards the victim to scare him (refer to recorded statement as approxiimately 43 minutes)." So, the last minute, I just agreed with the guy. "For additional information, refer to the recorded statement. One copy was intended for the detective's bureau and the second copy is intended for the detective's stenographe's ease of transcribing his statement verbatim. Evidence..." Okay, so we got the photos, the license plate, we got the digital recorder, we got blood, uh, taken from me. And, uh, so I got...I got actually charged at the time with two felonies. Very serious ones. Uh, then they dropped it down to two misdemeanors. They, they upped it back to two felonies. Two different felonies. Then, they dropped it down to, uh, two misdemeanors again. And, now, I think it's...well, I'm not sure where it's at now. I think it might have stayed there. It might have went up and back down again. I don't know. The charges have changed four, uh, four or five times. Okay, well, let's see. There's a whole other section to it. I don't know if you want to get into it or not; but, it's basically, a version...another version of events by another police officer. It has a little bit more, uh, of what you said in there. Uh, let's see: let's start with where they talk about going into the Sizzler here. And, you just interject anywhere you feel appropraite. "Upon our arrival, Officer Knight and I entered the restauran. There were two subjects matching the descriptions provided by [unintelligible] sitting near the salad bar. Immediately upon seeing us approach, Bickel started to visibly cry. Bush started to stand up and I told him to sit back down." I don't remember trying to stand up; but, whatever. "After confirming Bush was cooperative, I accompanied Bickel outside. Bickel then provided the following statement:" Now, this is what he said you said: "Bickel was obviously upset, shaking and audibly crying." Was that true?
Kathy: Yes.
James: Um, okay. "Once I got her to calm down, Bickel advised that Bush was her son and that he had just struck a cyclist in the area of El Camino Real and San Tomas Expressway." Uh, you agree?
Kathy: Well, no, I don't believe that you did, after thinking about it.
James: But, I mean, did you say that at the time?
Kathy: I probably did.
James: Okay... "After receiving this information, I advised Officer Knight and SCPD dispatch that Bush was likely the suspect in an...in the earlier hit-and-run assault case at the Howard Johnson's. Officer Knight had also come to this conclusion. Bush provided me with his name, which matched that of the registered owner of the suspect vehicle. Bush said," uh, "Bickel said that Bush was driving his vehicle from westbound El Camino Real turning north into the driveway of the Howard Johnson. As he entered the driveway, they were struck on the passenger side by a cyclist riding on the westbound on the sidewalk. Rositas got off his bike and yelled something at Bush. Bickel advised that Bush was already angry and had been angry for quite some time."
Kathy: Right.
James: "Rositas walked around the front of Bush's vehicle and approached the driver's side. Bush reversed the vehicle approximately 20 feet and then accelerated towards Rositas. Bickel screamed repeatedly for Bush to stop. Bush continued..."
Kathy: Yeah, I did do that.
James: Okay. "Bush continued toward Rositas causing Rositas to jump out of the way to avoid being struck. Bush then continued north through the lot, exit...exited the north driveway and fled." Now, they're saying here that what I did was: you know how, when I first turned into Howard Johnson? They're saying that when I exited, I drove...I kept going that way. I didn't back out again. Is that true or no?" I think I backed out...
Kathy: No, you backed up.
James: That's what I thought. Alright, I'm not sure what relevance that has; but, yeah. Anyway, um, they're saying the opposite. "I asked Bickel if she believed that Bush was intent on striking Rositas with the vehicle. Bickel responded: 'I can only imagine so.' Bickel..."
Kathy: Well, it would have appeared...it would appear that way.
James: Um. "Bickel went on to say that Bush suffers from anger control problems and she fears not only for his safety; but, hers and others, as well."
Kathy: Hm-mm.
James: [James' voice in a recording] Who do I need protection from? [Jon Harrington's voice in a recording] That's not...that's not even what I asked. [James in the phone conversation] I'm sorry. Go ahead.
Kathy:Huh?
James: What were you saying?
Kathy: Uh, you got to remember, too, we had just come off a pretty long ride where you wouldn't let me out of the car and I was scared to death.
James: Hm. Well, advised you not to get out of the car in that neighborhood that we were in; but, uh, you know...don't you think that was probably smart? You didn't know where you were.
Kathy: Well... You were kind of being bad...
[arguing]
James: Let's not...let's not air our personal stuff, okay? Let's not air that on...
Kathy: Okay.
James: Oh, here's another one: [Danny Napolitan's voice in a recording] Okay, check it out. I listen to their phone conversations. I listen to everything. I seen it go down, about James." That's one of the people who was [sic] occupying my home, spying on my phone calls and everything. [sighs] It was so stressful. I just came across this the other day. Here's...here's one describing me trying to give a police report:
[recording]
That's a clip. I'm just trying to go through these. Oh, here we go:
[Jon Harrington] They're actively making it so cannot sell your home and driving you into the ground even, even further."
Here's a witness to some of the events in my home:
[J.R.] Yeah, maybe 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.
He was, uh, scared to death.
Kathy: To know what?
James: Well, what was going on. What people were doing to me.
[James Bush] What was the real reason why they were driving realtors from my house? Because, it wasn't [so they'd have] a place to stay because they knew I wouldn't have a place to stay if they weren't helping to pay for the place.
[Joshua Williams] Becuase of what they were looking to...plan on doing and haven't done and..."
[James Bush] What are they planning on doing?
[Joshua Williams] They were trying to get you to just fucking kill yourself. They were...
[James Bush] Ah...
[another recording]
[Jon Harrington] I'll do it wih someone's hand attached to the fucking keys. I'll remove the keys and leave the keys with the hand in the fucking, un, in the car for you.
[call disconnects]
The fifth call
Transcripts of the fifth call
Operator: The person you are calling has Privacy Manager, a caller ID service...
[touch tone] [beep]
James: James Bush
Operator: Please hold while your call is being connected. Still trying... Still trying... Still trying... Still trying... Still trying...
[hung up call] [redialed]
Kathy: Hello?
James: Hi, how are you?
Kathy: Fine, honey.
James: Sorry about that. My battery died right in the middle of my clip-playing; but, let me finish this up. I've taken so much of your time today. Um [sighs]. I think we were actually done. I'm just going ove...that's, that's it. We were done. Did you have anything to add? Oh! Here we go. Here we go. So, do you feel that I suffer from anger control problems that are personality related or situation related or a combination of both? Or? Just between you and me. This isn't...
Kathy: Drug-related.
James: I'm sorry, drug-related? Okay. Even though I wasn't high at the time.
Kathy: Well, it may be situational. I don't know.
James: Even though I wasn't high at the time.
Kathy: You know, the other piece of that is is that we hadn't talked...huh?
James: Even though I wasn't high at the time.
Kathy: Well, no; but, I mean: you know, the other things is that, you have been pretty scary that morning, when you were at, uh...uh...Greg's house with the baseball bat. Went after everybody. Breaking the door and stuff.
James: I know. Could you believe that?
Kathy: Then, when you drove me around...
James: He was nuts!
Kathy: Huh?
James: Oh, do you hear the, um...
Kathy: Hold on a minute. Let me answer my other phone. Hold on. I'll call her back.
James: Okay. Who is it? Hello?!
Kathy: Hello?
James: Hi. Who was it?
Kathy: Louanna; but, I'll call her back.
James: Oh, okay. How's she doing?
Kathy: Well, she's doing good.
James: Good, good.
Kathy: But, you know, like, you had...you had really exhibited some bizarre behavior, Jimmy.
James: Yeah.
Kathy: And, it was very scary.
James: Mm-hm.
Kathy: You know, really, really scary.
James: Wow.
Kathy: And, um, I was pretty worried about you.
James: I'll bet. I'll bet.
Kathy: Hold on. Hold on just a minute, honey. Just let me tell her I'll call her back. Hold on.
James: Okay.
Kathy: Hey, [unintelligible], Jimmy's on the other phone. Can I call you back? Bye-bye.
James: Okay. No, you mean, I was really scared of you and for you.
Kathy: Yeah, yeah.
James: You know, it was kind of interesting: when I was in jail, um, this last time, um, you...you...I don't know if you remember saying this or not; but, you said something like, uh, you felt like that was, that was the best place for me to just be until I die.
Kathy: No, that's not what I said, "Until you died." Not at all. I said [that] I think that this is the best place for you.
James: Um, okay. So, I...I also remember you saying something to the effect of, um, to...to, um...what is it...to protect me from myself. Something like that. What did you mean by that? I don't...I don't want to get into a fight or anything. This...if this is going to make you upset, I don't want to get into it.
Kathy: I know, honey.
James: But, I just...I did want to know ...
Kathy: I'm fine with letting you know. I think you need to answers to some of your questions and the way that I feel—and felt—was that, at that time, for you to be able to withdrawal from your drugs and stop and not have access to them—at least I'd hoped—but, that was the best place for you.
James: Now, now, I do want to point out that I was not on drugs when I was arrested for...
Kathy: Well, I think the problem was, though, is that you were withdrawing and you...
James: Do...do you know that? Is that just what you...
Kathy: ...agitated because of that...I just think it; No, I don't know it all.
James: Okay. Well, that...that's interesting because, I mean, you...you and Grandma like to really hound that and, um, I mean, unless you know different, you're going to have to take my word for it. I wasn't on drugs when you came out here...
Kathy: Well, Jimmy, we can always tell when you are and when you're not.
James: No, you can't.
Kathy: We can tell. It's real obvious.
James: Okay. Well, anyway. That's unfortunate that you believe that. I'm not gonna...I'm not gonna press that point. You're certainly entitled to your, uh, opinion. Um, but, basically, I just wanted to kind of figure out what it is you thought I need to protect myself from, since I was not on drugs at the time or anywhere near...
Kathy: Like, that minute, I don't think you were; but, I think you were...
James: I certainly wasn't.
Kathy: ...coming down.
James: Yeah, I actually stopped those; but, you know what? You know, this is the thing...
Kathy: Now, see, today, you sound fairly normal.
James: Oh, really? (I'm as high as a kite on a breezy day.)
Kathy: Yeah, pretty much so.
James: Okay. Well, there you go. Uh, let's see: you can tell!
Kathy: But, now, you did at that time.
James: Yeah, well, hey! You know what? There might be some truth to that. Unfortunately, you were wrong about those other two occassions; but, that's okay. You're right about this time. So, anyway. I, um, yeah...I just wanted to see if there was...you know, I wanted to bring that up; because, that really was a thorn in my side. And, let me tell you what I was angry about that day. I asked you if you loved me and you said, "No." Or, actually, you didn't answer and I was pretty upset about that.
Kathy: Now... Excuse me?!
James: Yeah, in the car. And, I was also really, really sick and I felt like you weren't kind of paying attention to that; but, I'm not blaming you. I'm just saying that this is what was going on in my head at the time. Now, plus, you called the police...
Kathy: I have never said that I didn't love you...
James:...and told them I ran over a guy.
Kathy: ...or refuse to say that I did.
James: That's okay.
Kathy: Never, Jimmy.
James: That's okay. That's what I thought I heard; but, that's okay. It doesn't matter; but, basically, um, you know, you called the cops and told them I hit a guy and that was really sucky; but, you know: it caused...it caused me a lot of grief; but, I'm not gonna...I'm not gonna...I'm not gonna push all of that, because I don't want to get in to it; but, uh...you'll never believe what, uh, Greg's neighbors had to say the other day.
Kathy: What?
James: Oh, they had a lot to say; but, um...
Kathy: Like what?
James: Oh, man! Well, I don't know. I don't want to get up in his business; but, let me do...let me tell you something about Greg: I think his brother is a judge.
Kathy: You think what?
James: His brother is a judge.
Kathy: Is a...is a jest?
James: Is a judge.
Kathy: Oh. Oh. Well, that must be why he gets by with doing the stuff he does.
James: That's kind of what his neighbors were saying. Not about the judge thing; but, they were saying, "We know what he does." And, there we go. They left it kind of at that.
Kathy: Hm.
James: Mm-hm. Interesting stuff.
Kathy: Mm-hm.
James: Interesting stuff. But, uh, anyway. It's been an interesting week. I've had, um, some interesting, uh, I would say, incidences with Long. He, uh, was really, really upset with the notion that, um... Well, okay, he and...he and Augustine, uh, concocted some little plan to get me, um, arrested, er, by the police for, uh, saying I was going to kill myself, which wasn't true and, um, he...they, they were obviously conspiring together. And, all I did was ask them...I just said, "You know, Long, why would you do this? Why would you..."
 |
| Augustine NewMoon, possessed (no, that's not red eye or a bad complexion) |
Kathy: When was this?
James: This was, um, I don't know. Way back...way back when. A couple of weeks ago. You know, I just...I just asked him calmly and normally; but, whenever I bring up, you know, Augustine or...or anybody or anything he's up to or doing, um, he...he gets pretty heify and, um, I don't know, Mom. I just...what can I say? He just...there's something about him. Let me see if this is it: [Long Cao] "I know about it. You know, Vietnamese guy? And, having sex with Greg."
[James] I don't care about sex. I don't want to know people's sex lives. I don't care about Augustine's sex."
[Long] "...not Augustine! When Vietnamese guy come, I talk to them—not Augustine!"
[Kathy] I can't hear a thing I can't understand him.
[Long] "...for Vietnamese to English!"
[James] "Well, I'm trying to just ask you a question, I didn't mean for you to get all crazy!"
[Long] "I talk with my friend! Not Augustine! Augustine?! I never talk with Augustine!"
[James] I'm not saying you're talking with Augustine, except where I've got you doing it on tape.
[Long] "But, see, I work fo...maybe I talk with Tim! Greg['s] boyfriend!"
[James] "Why were you working..."
[Long] "I don't know Augustine!"
[James] I don't care about Augustine. I don't care about that. I'm not trying to push that point. I said, "Why are you working against me?" I have it on tape. I had someone translate the Vietnamese and it's very evil. It's very mean. Why are you doing that to me?
[Long] "Who transfer for you?"
So, that was part of my week. Hello?
Kathy: Mm. Hello! I'm here.
James: Yeah. It turns out, um...I don't know if this is true or not; but, I mean, he was talking with somebody on the phone. Supposedly—the translator could have been pulling my leg; but...about owning some restaurants and so forth and, you know, he...Long might have been being smart aleck when he answered and said, "Yes, I do." But, I mean, I don't need these games, you know what I mean? I've told you before I'm not safe there and it's just, uh! It's such an awful situation.
Kathy: It is. It's a horrible situation. [unintelligible]
James: Hm?
Kathy: I told "Maybie" to come get in her crate. Trying to put the dogs up. Get in there! Go! [dogs growl] Oh, stop it, you two! They would argue when there's nothing good to argue about. Oh, goodness. Well, Jimmy, I don't like the situation that you're in at all; but, you know, it's just...there's nothing that can be done for it. We can't afford to put you in an apartment and pay your rent and all that.
James: Hm.
Kathy: And, Grandpa being as sick as he is. It looks like he's going to have to have radiation.
James: Hm.
Kathy: So, that's not great. It's been kind of rough around here, too.
James: Well, anyway, um...okay, well, anyway, like I said, that, um...if you can think of anything else on the police reports or if there's anything you want to add on the case, let me know. Let me see if I can, uh, see anything in my notes. If I do, I'll call you back. I think I've got pretty much everything. Um...
Kathy: Okay.
James: I know that there were...there was some other things not related to the case that I wanted to bring up with you; but, that's a little bit much for all in one day, you know?
Kathy: What's that? Where are you at?
James: At the library.
Kathy: Oh, okay. Um, [sighs]. You know, Jimmy, it's been a hard thing for everybody.
James: Yeah, especially me. I hate it...I hate it when the cops show up and ask me, you know, "Are you trying to kill yourself?" And, I'm like, "No." And, they're like, "Are you sure?" And, I'm like, "Yeah." And, then they leave, and, you know, you think, man, you know, you just get one of 'em that doesn't like ya, which could be a lot of them, I don't know. Um, you know, they could say, just like the one did back in, uh, August or July or whenever that was: "Oh! Yeah, uh, he said he was going to kill himself. Let's go to the crazy house!" And, then I come back without a home. So, anyway, you know, I just don't want anything like that and, if they, you know...[sighs] I'm trying to, you know, get my life together, right? After the devastation these people, you know, left behind. I'm trying to pick up the pieces and how can I do that when I got people in the house who are intercepting emails between me and potential employers and they're doing the phone calls, as well. Um...by the way, I actually got, uh, court-admissible proof of that, for the first time ever...yay! Um...
Kathy: Well, that's good.
James: Yeah! It is real good. Adds another, well...never mind. Anyway, um...so, you know, I'm...I'm being prevented from really just kind of moving forward and I'm running out the clock. Thank goodness a very generous judge decided to, um, stay the beginning of my sentence another two months, last month. So, I've got another two months to watch my life go down the tubes and my cat, you know, just kind of like looking at me like, "What is wrong here? Why are we not somewhere else?" And, you know...of course, I'm sure you can see why. Um, I find places to sleep because I've been cut with a scalpel while I've been sleeping. Um...
Kathy: Huh?!
James: Yeah. They cut my lips with a scalpel.
Kathy: [unintelligible]
James: I'm sorry?
Kathy: Well, that's pretty weird.
James: Yeah, it is pretty weird, huh? Um, they do other stuff. They broke my iPod. That sucked. Oh, well, anyway. I don't want to bring you down. Um, well, anyway, tell Jarrod I said, "Hi," and, I hope that, when Tyler wakes up, he can give me a call...
Kathy: Oh, Tyler's not here this weekend, Jimmy.
James: ...so I can talk to him.
Kathy: Huh? Tyler...Tyler's not here this weekend.
James: Oh, well, good! Maybe he can find time to, um, give me a ring. I have a new number.
Kathy: Okay, well, do you want me to give you a call?
James: Well, if you want, yeah. And, then, have Jarrod give me a call, too. I'd like to talk to him.
Kathy: Okay. You haven't seemed like you wanted to talk to me, which is why I don't call; but, I'd love to call you. You said you had a new number?
James: Yeah, it's 317...
Kathy: 317?
James: 489.
Kathy: 317. Like our area code?
James: Correct.
Kathy: Oh, okay. 489?
James: Hm-mm. 9262.
Kathy: 62...
James: No. The last four digits are 9262.
Kathy: Okay. 9262. It's so...317-489-9262.
James: Hm-mm.
Kathy: Well, I'll just put that in my phone then.
Okay.
Alright. Well, honey, I do love you and I...I miss you and everything.
Okay, well, thanks, and, uh, I'll talk to you soon.
Okay, honey, I love you. Bye.
Love you, too. Bye.
Bye.
Transcripts of the sixth call
James: Fine. Fine.
Kathy: Well, good. I tried to call you on that new number that you gave me and, um, some Asian-sounding person said that you weren't available or something.
James: Was it a live person or a recording.
Kathy: A recording.
James: Hm. That's odd. I can't explain it. Uh, maybe it sound like, uh, let's see. Did it sound like this?
Operator: [woman's voice] The person, who you're trying to reach, is currently not available. Please leave a message after the beep.
James: Is that it?
Kathy: I couldn't hear it.
James: Oh, okay.
Kathy: It's cutting in and out. I couldn't hear it.
James: Okay.
Kathy: I hear myself echoing back to me. Everything I'm saying is coming back.
James: Yeah, I don't know why it does that.
Kathy: I don't know; but, it's driving me nuts.
James: If I had a cellphone, I'd just use it; but, I don't. You know, they...they stole it, so...
Kathy: What are you using?
James: My computer.
Kathy: Oh!
James: Yeah.
Kathy: Okay. So, how are you doing?
James: Well, I'm not doing so good; but, you know, that's...that's, uh, par for the course, for me—ne'er-do-well, I suppose.
Kathy: Well, you used to.
James: I used to before I was, you know, in this situation.
Kathy: Yeah. Is your health alright?
James: No, huh-uh. It isn't.
Kathy: What's going on there?
James: Well, um, they've been putting things either in my food or my drink or whatever else that have been kind of like poisoning me a little bit and, um, I'm careful...I'm more careful now about what I...what I...you know, what I eat and where I eat it; so, that's kind of helped out a lot. Um, you've seen my most recent picture, right?
 |
| December 2006, before poisoning... |
 |
| April 2007, after poisoning |
Kathy: Yeah.
James: Okay.
Kathy: Yeah, I saw it.
James: The one where there's a bathroom door in the back behind me?
Kathy: Yeah, I think so. I think that's [unintelligible]
James: Okay. So, you see what I look like now.
Kathy: Well, you don't look really different from when I saw you in December.
James: Well, I have a December picture and a current picture and they look vastly different; so, I don't think you received the right picture. I don't think you're, uh, looking at the right one. So, are you at your computer now or no?
Kathy: No, I'm actually at Bob Evan's with Louanna, Susie and Courtney eating dinner.
James: Oh, okay.
Kathy: I just got off from work.
James: Yeah, you, um...must not be looking at the correct picture. What's your correct email address?
Kathy: Let me, uh, send you the correct one: kathy1256@hotmail.com
James: Okay. Yeah, there's a...there's a vast difference, uh, 1—2—5, uh, the people in the picture don't look the same at all. Uh...
Kathy:Uh, well, um...how's everything going with your case and everything.
James: Well, I had a couple more questions for you, actually—only like one or two on that and, um...[sighs]...I'll have to look them up and see what they were; but...oh, oh! I guess the main one was this: we were driving away from the hotel after the incident happened.
Kathy: Mm-hm.
James: I asked if you wanted, you know, if you thought we should call police and you said, "No." Um, was that your recollection, as well? Me, asking you that, and you saying, "No?"
Kathy: I don't remember.
James: But, could it have happened or no?
Kathy: I don't...Jimmy, I was so shaken. I don't know.
James: Okay. Well, if you happen to remember one way or the other just let me know.
Kathy: Okay.
James: Alright. Well, I'll let you eat your dinner and, uh, look for those pictures.
Kathy: Okay.
James: There's two of them. They're four months apart and there's a December one and, uh, an April one.
Kathy: Okay.
James: Alright. Bye-bye now.
Kathy: Bye, honey. I love you.
James: I love you, too.
Kathy: Bye-bye.
James: Bye.