JR: Judge Rossen
SB: Sgt Bell
JL: John Lee
OG: Officer Graham
JL: Yes, your Honor.
JR: That you were in violation of parking in a fire lane.
JL: Yes, that's what I have here.
SB: …That's what I had originally wrote to my recollection was
and after revealing
it and driving thru there it is definitely a fire lane.
JR: Ah, so the city is maintaining that it is a fire lane violation.
SB: That's correct.
JR: Unintelligible
JL: Ok, I wasn't aware of that but ok.
JR: Is that ok with you?
JL: No, but I object to that.
JR: (Laughter) I'm not asking if you agree whether you're
guilty or not I'm asking if
you think the charge being brought before this court?
JL: I'm not aware that Sgt Bell actually drove thru there with
his own video tape?
JR: That's obviously a matter of fact…(unintelligible)
JL: Is there a video tape of that?
SB: There is.
JL: Of a recent drive thru?
SB: There is.
JL: Ok.
JR: We're here on trial on appeal of a parking violation of a
fire lane. Is that what we're
Here on? (unintelligible)
JL: Yes , your honor.
SB/JR: (Discussion about watching the video of alley)
JL: First, I request exclusion of all witnesses from the courtroom
until called to testify.
JR: Somebody has got to be here for the prosecution for the city
( Judge asks witnesses
To leave)
JL: Thank you.
SB: (Unintelligible)
JR: How many witnesses do you have?
JL: I've subpoenaed 5 witnesses.
JR: Are they here?
JL: I do not know?
JL: We have Officer Graham, Sgt Bell, …
JR: Is Officer Graham here?
SB: Yes, sir.
JL: And Officer …
JR: And Officer flores.
JL: And Officer Flores was asked to bring a video tape from a
…
JR: (Unintelligible – Judge Rossen is having a discussion with
Sgt Bell)
JL: And Michael Martin. Yes.
JR: Are these your subpoenas?
JL: Yes, I issued those.
JR: Do you want to proceed without Officer and Lt. Bob Wooldridge?
JL: If I can not waive my right to a continuance later at the
conclusion of presentation of
Evidence.
JR: Well, at the completion of the case I'm going to make a ruling.
JL: So that's going to be today you're not going to listen to
part of the evidence then rule?
JR: Well, Is that what you're asking me to do here?
JL: I need Bob…
JR: to give partial testimony here today and then not make a
ruling and then continue
until Mr. Wooldridge can come in?
JL: I can agree to that.
JR: I mean if you want me to do it that way, I can do it that
way?
JL: He's an…Yes, Sir.
JR: You don't think these officers can testify to what he would
testify too?
JL: Absolutely, absolutely not.
JR: He's got something different to say?
JL: Yes.
JR: I don't mind to do that. I'll hear testimony today
and not make a ruling and then continue it until Officer, Lt. Wooldridge
can come in…(Unintelligible)
JL: Al right.
JR: Who does his schedule?
SB: (Unintelligible)
JL: And I need to know if Officer Flores has brought his video
tape as subpoenaed ?
His tape from that exact same alley the exact similar situation where
he choose not to write a fire lane ticket and is quoted on a public record
as saying that is not a violation of any traffic law. I want to know
if he brought that video tape as subpoenaed from 12th of from Jan 15th,
2000?
SF: No.
JL: You did not bring it? Any particular reason why you
did not bring it?
SF: (Unintelligible)
JL: Subpoena was issued prior to 7 days before the …
JR: It was issued on Jan the 12th. That's 5 days …
JL: I might need to question the administrator about that.
JR: Well, let me ask you this question. Is that going to
be something that you're going
to want to have before I make a ruling?
JL: Possibly not.
JR: Let me tell you what I don't want to do.
JL: O.k.
JR: I don't wanna hear all the proof I'm suppose to hear and
then make a ruling and then you say "Oh, wait a minute I want you to hear
something else."
JL: What I have is a …
JR: I want to hear the whole thing. I want to make one
ruling at the end.
JL: Perhaps, I can get Officer Flores to stipulate to the transcript
of what was on the tape?
JR: Well, why don't you ask him about that and I'm going to take
about a 5 minute recess.
JL: I was just wondering if you would stipulate to that transcript
of the 911 audio tape it's not the exact same one as the video but some
of the words are the same.
(Sgt Bell and other officers are having a conversation during this
time)
JL: I've shown this to you before. How are you doing by
the way?
OF: Pretty good, How about you?
JL: Crazy world. This is what I've showed you I believe
before when I was talking about my stolen CD player. I was asking
you what damages you saw on the vehicle…
I assume you recall that conversation.
OF: Yes, Sir.
JL: What I've got here is a , and I asked you about this too
and then talked to your commander, I believe, Bob Wooldridge, you said
"Dispatch says tells you at 3:07am
"Check a 10-24 traffic problem, State and Union Promenade alley,
maroon Honda in the alleyway. Service Department can't get through"
you go "10-4 Dispatch. Did you speak with service department at State
and Union? 10-4 Dispatch. "He said he didn't call. This is what he
responded." Dispatch: "Well could you go back there and
talk to him?"
GOLF FOXTROT then change frequency. I think you talked to your
supervisor in car 30 Is that Sgt? Who would that be?
OF: On that night I don't know. I don't know who was in
car 30?
JL: Female.
OF: It might've been , I'm not sure, excuse me, Sgt Williams.
JL: Sgt Williams, I don't think I've meet her. I
talked to Sgt Gass I didn't know if she'd ever been out there. Then
you go "Dispatch, Dispatch go ahead" you say "Yeah, There's a car in the
alley but it's not blocking anything. You can pass all the way through
there."
OF: Yeah.
JL: So you had seen that and you had chosen not to write a ticket
or tow it and you left. And then I believe this is Dispatch or could
it be Sgt Williams? I'm not sure? I mean should we say dispatch
or Sgt Williams on this?
OF: That I couldn't tell you.
JL: Well just Jane Doe. I do believe it's dispatch though,
according to the log. Dispatch goes " He said it was right there
behind the promenade building that burned down. It's blocking something
they need to get through." And you say "I was down there the service
guy there in his little orange truck and he advised there was no problem.
I'll be back around." So at that point is when everything switched
and you still didn't write a ticket for parking in a fire lane?
OF: No, Sir. I towed it.
JL: Right, So that's just basically what I'm going to ask you
about Is in front of the Judge is this accurate. I'll just read this
and if you'll say yes if you want to stipulate to that or otherwise we
can wait for the video tape?
OF: We'll wait .
JL: This is from the 911 tape. I actually have that tape.
OF: O.K.
JL: With me.
JL: So are you willing to stipulate this as it is on the 911
tape that I have with me?
OF: I'd have to get my own copy of the tape or listen to a tape,
I …
JL: Ok, So you do need to listen to the tape?
OF: Yeah.
JL: Do you want to do that now?
OF: No, wait until the judge gets back.
JL: O.K.
(Judge returns)
JL: I'm ready for Officer Graham right now. We don't..(unintelligible)
If you want someone to work it while I talk to Officer Graham that's o.k.
JR: (Unintelligible- Judge wants to see the video)
JL: We can wait and watch it when Sgt Bell comes up to speak.
SB: (Unintelligible-Sgt Bell has a conversation with Judge Rossen)
JR: Swears in Officer Flores.
OF: Yes, Sir.
JR: The rule would ask for everybody except the prosecuting officer
leave the courtroom now.
JL: I guess it's Officer Graham. Also is it a problem that
Sgt Bell did not swear an oath verbally that I did not hear?
JR: I'm sorry?
JL: I did not hear Sgt Bell swear the oath for affirmation that
he would tell the truth.
JR: I thought he…
JL: I did not hear him.
JR: Well, bring him back out.
JL: I don't know that you know him that well that that doesn't
matter.
JR: Have him come back out.
JL: I'm sure he would have told the truth.
JR: Well do you want me to re-swear or not?
JL: I would like you to re-swear, yes.
JR: I need to re-swear you.
SB: Yes, sir.
JR: (Re-swearing of Sgt Bell)
SB: Your honor, I Do! (Very loudly)
JL: I do too.
JR: Whenever you're ready Officer.
OG: Ok, Ah, I don't have a copy of the ticket with me, but, Yes
Sir. I believe this was on the 27th of Dec, at about 2:12pm.
I was riding through Promenade alley, which is between state and gay, ah,
and there was, I'm not sure how many vehicles were back there but I do
remember ticketing probably 2 vehicles, ah, I'd made several passes through
the alley, ah, and this (unintelligible) was back there and I wrote it
a parking ticket there were signs posted, it is a fire lane and you couldn't
park in the alley and so I wrote him a parking ticket. But like I
said I can't swear how many vehicles were in the alley, ah, but I do remember
ticketing this one.
JR: (Unintelligible) Cross-examine.
JL: Yes, your Honor. Officer Graham, How long have you
been employed with KPD?
OG: Since Aug of 98.
JL: And you are a patrol officer with a patrol car?
OG: Ah, yes.
JL: You don't drive a little electrical truck?
OG: No, no.
JL: So you do write tickets besides parking tickets?
OG: Yes.
JL: What training did you get specifically in writing parking
tickets?
OG: As far as?
JL: Presumably dozens of different violations involved with parking
tickets for various things. I think the ticket itself has 8 different
codes?
OG: Correct.
JL: So you did receive specific training at KPD?
OG: Yeah, they showed us in the academy. They basically
went over what, what they were. They're pretty much self-explanatory.
As far as what the violations are.
JL: Have you read the Knoxville Code? The City Ordidances
regarding parking violations? Have you gone into a law library to…
OG: No, I have not. Not that I know of.
JL: Has KPD ever provided you with a copy of the City Parking
Ordinances?
OG: Yes, they provide us with all the ordinances.
JL: And you keep that with you at all times now or did you have
to give that back?
OG: Ah, I have it at home. I do not keep it with me at
all times.
JL: So, if you need to refer to it you can't refer to it because
it's back at home?
OG: I could refer to it at home.
JL: So if you need to write a parking ticket and you're not sure
you would have to go back home and get it before…
OG: Wrong. No, we have lap tops computer lap tops and you
are able to access the codes through the computer laptop.
JL: Is that a distraction when you're driving down the road?
OG: (No response)
JL: Were you issued a copy of all KPD general orders?
OG: Yes.
JL: Are you aware of the KPD general order 3.3 that says regarding
towing of vehicles, perhaps if they are blocking a fire lane?
OG: Ah, I've probably read over it but I don't recall it right
off hand.
JR: Are you about through with this ….(Unintelligible)
JL: No, Sir. No, your Honor. And I'd like to know
why if it was blocking a fire lane, why was it not towed? And you
were able to drive, you were able to drive all the way through the street,
right?
OG: Actually, I was on foot. I was walking.
JL: O.K. Where were you parked?
OG: Ah, I was not driving a car.
JL: You were not driving. You walked from the safety building
downtown?
OG: No, I was walking from Market Square Mall.
JL: So you parked your cruiser at Market Square or you were driven
there by another officer?
OG: Correct.
JL: Who was the other officer?
OG: I believe it would've been Joe Maze.
JL: Is he a Sgt or an…
OG: He's an officer.
JL: So, you're a team that works together downtown ?
OG: No.
JL: Why were you assigned that day?
OG: Why was I assigned to what?
JL: Ah, with Joe Maze? Or do you just team
up?
OG: I was just, I was just with him.
JL: After rollcall or whatever?
OG: Yeah.
JL: So, you do have your own cruiser or you don't have your own
cruiser?
OG: Yes, I do.
JL: O.K., so he was…
OG: I wasn't in it that day.
JL: O.K.
JL: That's good you carpool alittle bit. Have you ever
written tickets on fire street, that's the name of the street. Have
you ever written tickets there before? That afternoon, that's the name
of the road.
OG: On promenade alley? Back there?
JL: That's not the name of it. That's just a nickname.
OG: O.K.
JL: The real name is Fire Street.
OG: Have I ever written tickets back there before? Before that
date? I'm not real sure?
JL: O.K. Any reason why not? Is that a new beat to
you or is that…
OG: Yes.
JL: O.K. Were you given any orders that particular day
to write tickets in that particular location?
OG: No, but we've had several complaints, ah, of parking in downtown
in general, so that's what I was assigned to was parking control.
JL: O.K. Is there any reason why you were in parking control
instead of driving your cruiser that day?
OG: Um, meaning?
JL: Doeas that rotate amoung all the people in central sector
or is that…
OG: No.
JL: So, Is that a punishment or? Walking a beat is typically
a punishment from what I hear?
OG: No. (Unintelligible)
JL: I mean I wish more officers would walk beats. It's
good exercise I guess.
OG: It is.
JL: O.K. So you wrote the ticket for parking in a fire
lane. Why did you not write a parking ticket ticket for no parking
in an alley?
OG: Because there is signs posted for the fire lane.
JL: How wide is that street?
OG: I don't know right off hand. I didn't measure it.
JL: You did not measure it?
OG: No.
JL: Are you aware of any particular width that the street needs
to be before a vehicle is blocking a lane, such as a fire lane?
OG: No, not right off hand.
JL: Are you aware that the city code requires a 10ft clearance
before a vehicle is blocking a lane? And if there is more than 10ft clearance
it is not blocking a lane?
You're not aware of that?
OG: I've read it but I'm not going to be able to recall every
city code there is.
JL: O.k., O.k., and when you walked through the road there named fire street did you look for all the signs that were posted before you made your decision to issue a parking ticket? I mean did you take an inventory from one end of the street to the other of all the various signs to determine what would apply in that one unique situation on that street?
OG: Nope. I saw the parking, the fire lane sign so …
JL: Did you see the sign saying "Do not block alley?".
OG: Ah, I believe that there are signs there that say do not
block alley.
JL: Then why would those signs be there if the fire lane sign
are already there?
OG: Cause those signs are there in case fire trucks have to come
through that alley or any emergency vehicle for that fact.
JL: And my car, you stated was not blocking that alley?
OG: I'm not real sure, I don't recall at that time. I don't
recall that date? I don't even remember that your car was in the
alley or obviously I wouldn't have written you a ticket!
JL: Do you recall a large truck that was parked beside my vehicle?
There was a loading dock in between my vehicle and the truck and the truck
was like a big 2 ton truck or something?
OG: I think I do recall that?
JL: Why did you not write a ticket for that?
OG: Ah, cause I was told that that those vehicles, or that vehicle
had permission to park back there because it had something to do with the
construction.
JL: What's the name of the permit?
OG: I have no idea?
JL: Why would anyone issue a parking permit for parking in a
fire lane?
OG: I have no idea?
JL: Is there any particular number of tickets you are required
to write in one day?
OG: No.
JL: I believe that's all the questions I have for you Officer
Graham.
Transcript: Officers Flores, Graham & Sgt Bell
JR: Judge Rossen
JL: John Lee
OF: Officer Flores
OG: Officer Graham
SB: Sgt Bell
JL: Officer Flores, I need Officer Flores to come in please.
OG: Am I needed at all, anymore your Honor?
JR: No.
OG: Thank you, Sir.
JL: I need to speak with Officer flores next please.
JR: Ask Officer Flores to come in.
JL: O.K.
OF: Go ahead. Which part are we…
JR: (Unintell.)
JL: Officer Graham is prosecuting the case and he did not call
you as a witness so now I'm calling you as a witness.
JR: (Unintell.)
JL: Are you…
SB: (Unintell. Conversation with Judge Rossen)
JL: Defense, defense witnesses.
(There was a brief discussion between Judge Rossen, Officer Graham,
Officer Flores, and Sgt Bell)
JL: So do you rest your case?
OG: Yes.
JR: (Unintell.)
JL: O.K., so I'm on direct examination. Are you off-duty
right now or on-duty?
OF: On-duty.
JL: O.K. and you're an Officer in central sector which is the
downtown area we're discussing.
OF: Ah, central sector?
JL: O.K.
OF: Yeah.
JL: So you're no longer. O.K. Do you recall writing, are you
familiar with Fire street which is where the case involves today?
OF: Promenade Alley?
JL: Do you recall writing a parking ticket to a Honda Accord
in that alley or street on Jan 15th of 2000?
OF: (Unintell.) No.
JL: Why did you not write a citation if the car was committing
a violation?
OF: Officers discretion.
JL: You realize that by not writing that citation you're
denying a due process hearing regarding towing of that vehicle. Violation
of the U.S. Constitution, the TN Constitution, the City Ordinance, KPD
regulation…
OF: AH?
JL: Do you believe it's officer discretion to disobey the law?
OF: Disobey the law?
JL: Yes.
OF: AH…
JL: So your discretion was in error is what you're saying?
OF: Yes, Sir.
JL: O.K.
JR: O.K., What are you saying he did now?
JL: He says he used officer discretion to not write a parking
citation but to tow a vehicle that was parked exactly where my car was
parked now and by not writing the parking citation that eliminates all
notice to the vehicle owner that the vehicle was towed and in this particular
case the car was reported stolen.
JR: (Unintell.) That's another story…
JL: Yes, Sir. Yes, Sir.
JR: In the Promenade alley? (Unintell.)
JL: In this particular instance , no. In that instance
you will soon see Officer Flores has something very interesting things
to say about the same exact parking space on the emergency 911 audio tape
which I have a copy of. Now, Officer flores has agreed that this
is him on the tape and that the transcript is accurate …
OF: Your Honor, I haven't agreed that it was me on the tape I
have yet to hear the tape.
JL: I have a printout of E911 that shows the names of the individuals
and car numbers and I do…
JR: This is your car we're talking about…
JL: And a second car. That car is still in limbo.
It's been 12 months in and the reason it's important to write a parking
citation if there's in fact , there is a parking violation which Officer
Flores originally said there was no parking violation on tape, that by
not writing the ticket there's then the, this is a due process hearing
. Now I guess, probable cause hearing by not writing a ticket that's
denial of this court and so I was asking is that the discretion of the
officer too deny any citizen due process in the court or notice of vehicle
was listed as stolen for 4 months without a due process hearing.
There was no notice, no way to appeal...
JR: Actually that's not why …
JL: No, it's not. I'm just giving alittle heatwave to keep
it from being boring.
JR: What is the point you want this officer to make?
JL: What we can do your Honor, is play this emergency 911 tape
just to let you listen. If you'd like the E911 printout…
JR: (Unintell.)
JL: Yes, by Jack Price.
JR: (Unintell.)
JL: Well, that particular thing is just a printout. It's
not the transcript of the words that were spoken. It just says what
cars and what times and what channels…
JR: How long is it?
JL: 30 seconds.
JR: Judge agree's to listen to listen to the E911 tape.
The tape is played.
OF: I don't know what it is blocking at the time but the sweeper
truck, I thought it was a pick-up had to pick-up trash.
JR: (Unintell.)
OF: Sweeper truck, complaint was a service call (Unintell.)
JR: You were there, right?
OF: Sir.
JR: Was it blocking something? Could you see if the truck was
blocking something?
OF: The car was parked on the side of the alley. The service
department had to get in there and sweep.
JR: You're telling me that the truck was being blocked?
OF: Service department from doing their duties.
JR: This does not apply to this situation. (Unintell)
OF: No, he's referring to Jan 2000 when I towed his vehicle from
the alley… (Judge Rossen and Officer Flores have a private discussion)
JL: O.K. Why, Officer Flores, Why would it matter to you that
the vehicle was not blocking and you did not write a parking ticket and
then you left the area without towing it or writing a parking ticket?
Why would the work blocking be important? In your first judgement
on that?
OF: I don't understand what you're asking?
JL: O.K. You went there first according to the transcript and
the vehicle was there and you responded to a call there. In your
judgement, and you looked at the vehicle and it was not illegally parked.
You left without writing a parking ticket or towing the vehicle and that
was based apparently by you saying it was not blocking. My question
is "Why is the word "blocking" so important? Is that written
in a law or regulation somewhere that says it must be blocking before it
is a violation?
OF: No. The deal was, for one. I didn't have a complaint.
The person that called wasnot down there and I wasn't sure what he
needed. It wasn't blocking as far as going straight down the alley.
But apparently, the sweeper truck, it was…
JL: Did it strike you as odd that the loading dock, the metal
loading docks in that area extend further into the street than my car was
parked? By about 2 or 3 feet and if the sweeper could not get in
there down to the alley, then the loading dock would be in more of a violation
than a small car.
JR: Let me say this. The issue here today is about this
parking ticket…(Unintell)
JL: The revealence I was trying to make , Officer flores would
not answer that particular question, but the revalence to blocking is there's
a city ordinance that responds to this particular situation.
JR: (Unintell) This case does not involve towing of a vehicle.
The issue before me is whether this ticket was properly issued.
JL: There are signs in the alley that you'll see on video that
show "Do not block alley" . The reason I wanted Bob Wooldridge too
speak is I believe he is the individual who had those signs installed and
the traffic engineering. The street is wide enough for 2 lanes in
the area where I was parked.
JR: (Unintell)
JL: Yes, Sir. And I…
JR: (Unintell)
JL: Your Honor, I request a motion for continuance at the end
of our hearing today. I guess we're not finished but just regarding
this subpoena and video tape that Officer Flores did not. I'm willing
to stipulate to the 911 tape but if you would like to see the video tape
which would far more reveal that this thought process as to why that was
not a violation of a parking stature.
JR: Why don't you make an offer of proof…(Unintell)
JL: I don't know what that means your Honor?
JR: Why don't you state what you hope to show by…(Unintell)
JL: I'm just curious why Officer Flores originally felt there
was no parking violation but Officer Graham did and Sgt Bell did too.
JR: …felt somebody violated the law and another officer felt
they did not violate the law.
JL: I understand.
JR: (Unintell)
JL: Yes, Your Honor. I believe I'm finished with Officer
Flores.
JL: I'd like to call Sgt Bell.
JR: (wants to see video tape)
JL: I do not know when he took the video tape?
JR: (Unintell)
JL: Not that I could see Your Honor.
JR: The video represents?
JL: I won't say that until I've seen it but unless they've put
something up and taken it down…
JR: Sgt Bell step up.
JL: First would you like to show us your video tape?
SB: I don't have a video tape?
JL: I mean who has the video tape? Who took the video tape
that we were…
SB: The officer, who, one of the officers who that made it through
there, would be glad to show it to you.
JL: Yeah.
SB: Um.
JR: (Unintell)
JL: Do you know the date of the this tape?
SB: Yes.
JL: What was the date this tape was made?
SB: Today.
JL: Oh.
JR: Jan 17th, . It looks like…(Conversation with Sgt Bell
)
SB: You can turn right but you can't turn left.
JL: It's 2 lane if you go past State…
JR: (Unintell)
JL: Before you get to state st. You turn left, then there's
Fire Street.
JR: (Unintell)
JL: No, it's actually backwards, but there's no signs saying
it's a one way , so technically it's not. You can see the truck there
on the left. Just 10 feet there…
SB: That truck has special authority. Your Honor, to park
there. They're doing some remodeling work up there.
JL: As you can see where I would've been parked…
JR: Would you back that up a minute.
SB: It'll show it again here Your Honor.
JR: On the left side?
JL: Between the metal stairway and…We have a loading dock there
as well that we'e trying to renovate the building. We have a permit
for.
JR: Permit?
JL: Parking permit.
JR: (Unintell)
JL: Yes.
JR: Is that the 2nd sign?
SB: 3rd sign, 4th sign coming up.
JL: Did you make another pass down there Officer Flores?
OF: No.
JL: O.K. Your Honor, He's going the wrong way so he doesnot
see the 2 signs which say " Do not block alley". But I have photographs
of those. (Shown to Judge) There's a big parking lot at the
end. It's a major throughfare for the only route that people have
to get to the public parking lot that's he's coming up to on the left.
I don't know if he'll show it but there's a huge parking lot right there.
Fire street is the only way you can leave it. That was actually,
if you turn right, there's a whole alley that is a private alley so people
park there 24 hours and block it all the time because I guess they've got
it coded or whatever. Here you go your honor.
JR: Parking permit?
JL: And we can extend that as needed.
JR: (Unintell)
SB: Does that say what he can park there your honor?
JR: I'm sorry?
SB: Does it indicate what he can park there?
JR: (Unintell)
JL: It would be multiple vehicles actually. And we have
one for Gay St. as well if you need it.
SB: The only thing that I know that they issue those for is that
you have a vehicle that has to be there for the purpose of the renovation
of a bldg or what have you and they do issue those quite often but not
just for general parking. It is for doing the …
JL: Right.
JR: I've never seen one of these? (Looking at the parking permit)
JL: I didn't see one before this either? This is what taught
me about that. And that actually, your honor, is what that white
truck has.
JR: Is there an ordinance that you may have that covers this
particular…
JL: I believe I have it here.
JR: Was it in the windshield or?
JL: No. It was not in the windshield of that truck.
SB: No, the officers are generally informed that are on the beat
that they have permission to park there, um.
JR: Have you been issued a parking ticket since this date right
here?
JL: No, your honor.
JR: Jan 2nd?
JL: I've parked there for 2 years without a ticket.
JR: The question is since Jan 2nd?
JL: No, Sir not yet.
JR: Have you been towed since Jan the 2nd?
JL: No, Sir.
JR: (Unintell)
JL: Permit loading that might be it? No, that's … close
enough.
JR: (Unintell)
JL: We've got to do ½ million dollars worth of renovation
to that building we'll have all kinds of vehicles, crews and everything
that need to park down there so…
JR: (Unintell)
JL: Let's see. Sgt Bell did you observe my vehicle violating
any law on the date of the offense?
SB: No, Sir. I didn't.
JL: And you did walk through that alley?
SB: I did not walk through that alley. I drove through
the alley and found out that it was not as you had informed me.
JL: And did you drive through the alley in the correct flow of
traffic or againist the flow of traffic?
SB: I went the correct flow of traffic.
JL: So you came from the parking lot…
SB: I traveled north to south which is the proper in any alley
in the city of knoxville.
JL: O.K., So you did observe the "Do not block alley " signs
there?
SB: Yes, Sir.
JL: Do you have any opinion on the validity of such a sign or
whether that sign is inmaterial and of no purpose?
SB: Ah, the sign is inmaterial and of no purpose because it is
a city ordinance that you can not park in an alley period! Secondily, that
alley is, as you informed me was not, and my recollection said that I did
not recall fire lanes. You told me it was not a fire lane.
Ah, I did not go back and look at it that time. I took your word
for it at the time but after you challenged that I went back and took a
look and that's why I had a video made of that today. So that those
signs that say fire lane are very clear.
JL: And Is fire lane a plural or singular word?
SB: Fire lane is the entire area through there. The same
as it is in front of most all of your shopping centers.
JL: So if a shopping center has a 6 lane wide of traffic it applies
to all 6 lanes and not the one lane?
SB: I think that's being ridiculous. I don't think you
have 6 lanes that's true.
JL: That's carrying…
SB: There's not but one lane through that alley.
JL: So if 2 cars meet they can't pass each other one has to back-up?
SB: It would have to move over into an area that you could get
by that's true. 2 cars should not meet in that alley. One of
them would be illegal.
JL: What is the definition of an alley?
SB: An alley is a secondary road that is for access to businesses
to the rear of the business. For loadinf and unloading purposes only,
generally.
JL: So how does that apply…
SB: And also for garbage pick-up and of that type.
JL: How does that fit in with that being the only access, to
fire street being the only access to 2 parking lots and there is no other
way to access or exit those parking lots, except through that so-called
alley?
SB: Nothing says you can't drive through an alley. I don't
follow you?
JL: You said…
SB: There is only one access to that there is only one access
to that oarking lot you're speaking of and that is from the other end.
JL: Summitt Hill?
SB: Right.
JL: But the only way to exit legally is to go down to Union?
SB: That's correct.
JL: So, that is not a secondary lane of traffic if that is the
only lane of traffic that the public can use to do business at the parking
lot?
SB: It's not a , general ah, usage area. It's only for,
it's a service route is what it is.
JL: So the people that are parking there paying money to park
there are not considered general public customers?
SB: I don't know anything about the parking lots.
Those parking lots have been added since that was originally set-up.
Those were not even there before there was a building sittin there.
JL: O.K. your honor, I request that Officer Flores, since we've
finished the video, that he be asked to leave the courtroom since he's
no longer needed as a witness.
SB: He's prosecuting!
JR: By the rules as I understand it is that he is allowed to
stay.
JL: O.K.
JR: After he's testified. Rebuttal witnesses.
JL: O.K. Yes your , I am. So in your opinion Sgt
Bell you do not agree that traffic engineer should put up signs "Do not
block alley"? Are you saying he was incorrect in that?
SB: No. I'm not saying he's incorrect in that. He
has the authority to put up any signs that he wishes.
JL: Right. He bases that on an engineering survey?
SB: That's correct.
JL: I believe that's all the questions I have for you sir.
Transcript Conversation after Sgt Bell testimony with Judge Rossen
JL: Capt Bob Wooldridge is off so I request that on a future date
that I be allowed to speak to him. I believe that he has evidence
that would be interesting to the court regarding this…
JR: What would he say if he was here right now?
JL: I'm totally guessing. I don't know exactly what he's
going to say. I know what he's told me in the past.
JR: Which is what?
JL: I went and spoke to him about another matter, not before
the court right now, and asked him to resolve it and he agreed to look
into it . And that weekend the "Do Not Block Alley" signs were installed.
Two of them in that alley facing north going south. I'm just…
JR: (Unintell)
JL: No. I did not ask him that. I asked him to look into
having my car returned that Officer Flores towed without a ticket which
denied me due process before this court. I didn't know where my car
was for 4 months. So I spoke to him about that and instead of helping
me with that the next weekend these "Do Not Block Alley" signs came up
and I spoke with Mark at traffic engineering. He said that he speaks
to Bob Wooldridge all the time about putting up signs and things and that
he wasn't sure if he was the one who asked him to put those up. I
asked him if he did a traffic survey and he said no. Mark Goldmyer
said NO.
JR: So you're complaining about the Do Not Block Alley signs…
JL: No. I agree with the Do Not Block Alley signs.
I disagree with that the fire lane means fire lanes and that it takes 2
lanes down there where there is no fire lane. Our building almost
burned down previous to this. I would never consciously park in a
fire lane. If we did have a fire, the fire trucks couldn't even get
in there because the overhead, there's a roof over the street…
JR: (Unintell)
JL: Yes, your honor. Just the same as if you were at a
shopping mall at west town and it says here's the fire lane but we've got
another 100 parking spaces over here that are not the fire lane.
It says fire lane, one lane and in that case it's wider. There might
be a yellow strip down there. In this case there's no yellow strip
so we don't know. All we have is a city ordinance. If there's
10ft clearance it's o.k.
JR: All the signs are on the far side?
SB: All on the far side, but there is only one lane there.
JR: How wide is the road?
SB: It's probally a little wider than normal. It's if you
moved over you could pass somebody if those vehicles parked down through
there get over next to the building you can go down through there.
Ah, where they stick out or where some of the peers stick out from the
building. It'd be very difficult and very crowded for 2 vehicles
to pass in that location. That location has been a problem for many
years. In fact, I can remember patrolling that many years ago and
having orders to go down there and check it out regularily and it's not
at all unusual for tickets to be issued down there.
JR: How does that help you in this case?
JL: Well, combined with Officer Flores testimony on the 911 tape
that there was no violation. I would like the commander's opinion
of central sector. I presume Officer Graham's commander. Is
that correct?
OG: Your honor.
JR: (Unintell)
JL: Yes. I'm asking since this is a misdemeanor that it
is not, I presume that this is a criminal case and not a civil case?
JR: Civil case.
JL: It is a civil case not a criminal case.
JR: (Unintell)
JL: Only if it's not paid.
JR: (Unintell)
JL: O.K. The reason I ask is I did not know if it was a
citation in lieu of arrest in which case it would need to be observed since
it's not a felony. It's a misdemeanor and it would need to be observed
only by the officer. Sgt Bell came in and changed it to parking in
to just a general no parking area and then changed it back.
JR: (Unintell)
JL: No, your honor. No. I'm saying I'm just asking
is it a citation in lieu of arrest? Is that a criminal offense or
civil offense? Are they the same thing?
JR: Well…(Unintell)
JL: The only reason I ask is…
JR: (Discussing arrest procedures)
JL: The only reason I would ask is because I was curious how
the criminal law treats felonies and misdemeanors. Where in the case of
a misdemeanor, it has to be Officer Graham's opinion only.
JR: (Unintell)
JL: Right, that's my question.
JR: (Unintell)
JL: Yes, your honor. That's why I pointed out the parking
garage. It's so important because it's the only access that maybe
100 people a day have to get through there. They have to use that
street. I present the fact that that is not a , I mean, the name
of that street is Fire street. It's just a regular street that
just coincidentally has a few buildings beside of it.
JR: (Unintell)
JL: I've got some photographs I'd like you to see before you
make that call…
JR: (Unintell)
JL: O.K. I do, would like to , before I present my personal,
can I wait until I've finished questioning the witnesses to present these
photographs?
JR: Yes, yes.
JL: I'm finished with Sgt Bell. I'd like to call Mike Martin.
JR: Before we get to that can we then say that Sgt, um, Lt Wooldridge.
That I'm going to assume that everything that you just said that's everything
he's willing to say is true?
JL: O.K.
JR: As if he was standing here?
JL: That he would say that it was. He agreed with the "Do
not block alley" and that it did not apply to the fire, that it was not
a fire lane it was a blocking alley situation?
JR: That's exactly true.
JL: O.K.
SB: Your honor. For the courts information, to the best
of my recollection, the first part of that alley is actually a two way
street. It is not wide, but it is much wider than where we're talking
about where he was parking. That parking lot was added there was
were a building had been torn down. It's not a parking garage.
It's a parking lot there is what it is. The, AH, area up there is a part
of the old greyhound bus station area and AH, vehicles travel the upper
part of it direction it went out onto State street. Whenever they
exited where the bus station was at. A mall like that came from Gay
street clear out over where the mall is now. That alley when they
built that promenade, underneath the promenade, is strictly an alley, but
the are which the promenade does not run over, I believe, is still a street.
If I'm not mistaken and is a 2 way up there. The , actually the alley
part starts there where it goes underneath the promenade.
JR: (Unintell)
SB: Where is the video tape?
JL: (At this time John call Mike Martin to testify. Judge
Rossen and Sgt Bell review the video tape of the alley togeather and Judge
Rossen asks Sgt Bell questions pertaining to signs in the alley during
John's questioning of Mike Martin) .
TRANSCRIPT OF MICHAEL MARTIN,
MUNICIPAL COURT ADMINISTRATOR
JL: I'm just curious why you originally refused to change
Officer Graham's , I presume
you recall the case
we're discussing or do I need to show you the parking citation?
MM: Ah, I've seen the citation.
JL: Do you remember why you originally refused
to change Officer Graham's
alleged
fire lane citation to Officer Bell's alleged no parking in the alley citation?
MM: We have no authority to change those violations.
JL: So that was not an opinion of the court ruling
that was just a technicality as to why
you would not.
That has to be changed in the courtroom itself, Is that what you're
saying?
MM: That's right.
JL: Is there any particular reason why you originally
refused to allow me to get to set
a court
date after Sgt Bell or is that just a miscommunication?
MM: Section 1772, Code of Ordinance of the City of Knoxville
states that you have
3 days from
the date of the violation to appeal a parking ticket. You were 1
day
late.
JL: And it didn't matter that Judge Rossen and Sgt
Bell had 5 minutes before that made
a decision,
an official decision, too wavier that.
MM: I was unaware of that, that was going on.
JL: So that was just a miscomm…., I think they asked
someone to go back and
straighten it
out, to clear it up and apparently that person got maybe diverted.
MM: Yeah, I was unaware of it. That the court had set the
case for trial.
JL: And you were not aware that one of your clerks
had already wavered that 3 day
time limit because
it was a holiday and because she told me to come in and see Sgt.
Bell specifically
so that he could go down to the alley and look at the signs?
MM: Clerks have no authority to do that.
JL: So if the clerk told me that and if I
had a recording of that statement that would not
matter
to you at all?
MM: To the contrary, no.
JL: In issuing subpoenas, how does that work,
as far as, subpoena a police officer
before
this court? Is that an actual subpoena, like General Sessions court
or is
it a different.
Is it just a letter?
MM: The format, as I understand it, is exactly the same.
JL: And does it carry weight in law as far
as penalty if it is not obeyed?
MM: I think that would be up to the judge?
JL: Have you all ever prosecuted any civilians
for not obeying a subpoena before
this court?
MM: Not that I am aware of.
JL: So if somebody doesn't pay a parking citation,
would you then issue a summons
or warrant
for arrest or……..
MM: I think the standard practice is and what the law allows
us to do procedurally
Is if, if you
don't pay a ticket and after 10 days we access a $9.00 late charge
and then after
that the law enforcement agency can either , I think, put a sticker
on your car
saying you have so many days to remove it or they can send you a
certified letter
and then you have so many days to I guess, right the wrong, and
then you're
subject to impoundment. I think that's the way it goes.
JL: Do you recall that when I had this previous
conversation with you regarding the 3
day time
limit that you told me that there was nothing I could do? I could
not
come before
this court. I could not appeal to Circuit Court and that a warrant
would
be issued for my arrest and my vehicle would be towed.
MM: No, I don't recall.
JL: I do have a tape recording of that.
In that case your court, this court does carry
some weight
as far as penalty allegedly if someone does not abide by the
particular
requirements of this court regarding showing up?
MM: We have methods to try to collect on traffic fines and such.
JL: And presumably you do a lot of traffice
citation processing therefore, you're
well familiar
with this process?
MM: Yes.
JL: I mean you do like 1000 a day, 1000 per
week, 1000 per day or…
MM: I don't have a number.
JL: Don't have any number? That's all
the questions I have.
Transcript: Side 3
Closing Argument by John Lee
17 Jan 2001
JL: John Lee
JR: Judge John Rossen
JL: That it says do no park in alley or no parking zone, tow away
zone all the time. I would just like to make that point and reinforcement
Officer flores professional opinion that it was the main check as far as
the alley. The only similarity would be like requiring a driver to
obey a speed limit without posting any speed limit signs. And expecting
the driver to go read the city ordinance on every street before he drives
it. It's just common sense that you've got to have a sign that warns
somebody that something unusual is in place.
JR: (Unintell)
JL: Your honor, I'd like to show you a couple of maps of the
parking of fire street. It doesn't show the parking garage I'm telling
you about but it gives, it's and actual scale drawing by the engineering
department. It doesnot go all the way to the end of the Summit Hill,
unfornately.
JR: Show me.
JL: It shows the general location. Here's Fire street and
Mainly street. It's showing a 2 lane area there if you look.
The part that is where it says the words "Fire street" . There's
a line going through the middle of that. I believe that is the extension
for the maximum allowed for the loading docks. It looks thinner up
to the right. And the number 39 plot is the public parking lot there
in number 40. That's marked off with a chain link fence with an electric
gate. And that fire street is the only access these people have legally
to exit those 2 parking areas.
JR: (Unintell)
JL: I'm going to show you here. This is…
JR: (Unintell)
JL: This is a drawing that I've made and it's not to scale as
far as this. But it is to scale as far as exactly the width of the
street and the vehicles. This is the white truck that was on the
video tape and I've measured exactly how wide it is and it cannot park…
JR: Just show me where you were parked.
JL: I'm the car right here. The Lee building. This
is our building right here.
JR: (Unintell)
JL: Yes, Sir. It shows how the metal loading docks, at
the Regas Brew Pub, stick out further than my vehicle and the truck actually
extends out about another foot, even with the mirrors pulled back.
The Promenade, there's a concrete pillar from the promenade above that
keeps it from parking up againist the wall and yet he's still legal.
He has a permit and there's still 10 feet. That truck is a little
bit inaccurate there. The truck is about 9 feet wide plus the little
pillar and there's still 10 feet. The alley is a little over 19 feet
wide and the city code allows it as long as there is a 10 foot lane.
That is considered plenty enough room for any vehicle. Street sweepers
can get through there no problem. This truck is parked here 24 hours
a day, 7 days a week, month after month. This truck back here for
Denark Smith has been parked here for 6 months and comes and goes as they
do more work on their burned out building.
And I would like to say that this is a very popular parking spot and
when I don't, I use to live in this building before we got burned out and
we had to move because of all the fire damage, but we're rebuilding the
building and we need access to this back door. I would park there
because that was access to, to keep people from blocking it. I use
to have to tow peoples car's myself with a little hand tow. You can
see the "Do Not Block Alley" sign which is not visible in the video tape,
but it is on the wall and in other photographs it's on the wall.
It's like 2 feet before our building. The photographs will show you
exactly what it says. There are no signs there in the alley that
says no parking anytime, tow away zone, which if I saw that sign I would
not park there. There's also no signs for commercial no loading zone
which gives a time limit during the day, free parking at night or on weekends.
There's none of those signs. By law, by the ordinance, which I have,
you are required to have an off street loading and unloading. That's
by city code. You can't own that building without that. So
that's why that space is there for us to use. And I am, I guess you'd
call me a building supervisor for that building while we're trying to rebuild
it. We've got problems with the fire alarm constantly. We've got
problems with people breaking in, problems with just all the general maintenance
things. We're getting ready to start a major renovation, put in a
new elevator, gut the floors.
JR: Show me some pictures.
JL: It's a little dark but that is the exact spot Denark Smith
parks, that is our building, that is where I was parked.
JR: I've seen the video. Is that where …
JL: These are coming the correct flow of traffic and the reason
there really should be going both ways. I know the city ordinance
says north and south, but it's a little ambigious about that.
***(Loud beeping coming from the bench. Judge Rossen asks if the recorder belongs to us. It does not . One of the officers secretly planted the recorder behind Judge Rossen's bench without permission!)
I kind of wish Sgt Graham was here. Is he still here? Has he gone now? There's a KPD car that's been here for 8 hrs a day , just leaving it here for weeks at a time. I thought maybe it was someone downtown walking a beat or maybe they were doing some off-duty security, parked their car there while the contractor's for Regas or Denark were working, but there was no officer with this car and generally there's cars parked all the way up and down through there. You can see a few of them going backwards. You can see there's still plenty of room in the alley. I kind of wish I'd made a video tape, That's why I was hoping to get Officer Flores's tape because I believe that would have been an excellent tape to have to show. Here is the loading dock by Regas Brew Pub and this is the white truck that was on the video. It's there 24-7. Parking permit, street sweepers can get through there no problem. Giant UPS trucks can get through and they are much bigger than a street sweeper. They go to Arby's all the time, apparently. And I guess there's delivery trucks for Arby's as well who get through there no problem and there's still 10 feet there and the truck sticks out 9 feet and the ramp sticks out. The ramp sticks out 9 feet and the truck sticks out 10 feet but there's still, I measured there's still 10 feet even when the mirros are folded back.
We're the next building this side. I parked 3 feet inside that
. And here's a photograph of exactly where my car would have been
parked and that's actually a car blocking our dock. If we needed
to unload something we couldn't get to it. Here's some more pictures
of trucks in the alley . Here's photographs of going the correct
direction. "Do not block alley" signs which were installed
by Bob Wooldridge and traffic engineering and that's what Officer
Flores, I believe, was referring to in his tape. That it was not
blocking alley and therefore was not a violation. That shows a dumpster
as well as pretty much blocking it. There's been everything parked
in that alley from toilets, porti-potty toilets, everything. They
were all legal to park, to be there. That's another picture of the
dumpster in the "Do Not Block Fire Lane". All I've got here now is,
There's a picture without the truck. I've got pictures of other street
signs that are not there which would mean an all parking alley. Here's
a copy of our requirement to have a loading area. If you want to
see the ordinance on that. I think that's in the building code, that's
not an actual criminal or civil ordinance. That's just part of the
building code. Here I have a copy of where my vehicle was damaged
by a city vehicle parked in the exact same area and the city, Risk Management
Department, paid me $175.00 to fix the damage. I was not at fault,
they were at fault and I was not given a parking citation for any reason
for being there. Presumably, that would have been the first thing
they would have done if it was illegally parked there. I would have
been cited because they would not have to pay the $175.00.
JR: (Unintell)
JL: What I have here is a subpoena issued by Michael Martin's
department for Officer Flores regarding the , that he bring his video tape
of that for his decision not to ticket that car in the alley that was a
very interesting report. Just to hear his train of thought.
JR: (Unintell)
JL: They're be more to it than what was on E911 because
that records every conversation in and out of the car.
JR: (Unintell)
JL: It would show that somebody put a lot of pressure on him
for him to change his mind and …
JR: (Unintell)
JL: Possibly, since he…
JR: Assuming all that's true…
JL: I thought it was for parking?
JR: (Unintell)
JL: I've got a copy of the subpoena for Bob Wooldridge that he
did not honor today.
JR: (Unintell)
JL: And you don't feel the Officer Flores tape would offer anything
in this case?
JR: No.
JL: I tried to get that. He was on foot so I did ask if
there was any E911 communication…
JR: (Unintell)
JL: I did check and he allegedly did not make any E911 calls
on tape.
JR: Is that it?
JL: Your honor, I would like to say that I had no intention
of violating any law. I believe I was legally parked. That's
a busy street. I do not want to block that street or cause a fire
lane hazard after our building almost burned down. I did not believe
that I was … I'm a military veteran accustom to following the rules.
I rest my case at this point. I would like to file a Motion to Dismiss
based on failure to prosecute under rules and civil procedures.
JR: (Unintell)
JL: For failure to state and comply with rules for showing up
with the subpoena's. I don't waiver the fact that I issued the subpoena's
and Officer Flores did not bring the tape.
JR: (Unintell)
JL: O.K.
JR: I'm trying to get this thing resolved today. If you
want me to watch the tape I'd be glad to at another time…(Unintell).
JL: That depends on how you're going to rule your honor?
JR: (Unintell)
JL: O.K.
JR: (Unintell)
JL: The only reason I was…
JR: (Unintell)
JL: The only reason I was concerned was I was afraid that somebody
was giving an unlawful order againist what he believed his judgement required.
JR: Even if that's true, what does that say about the parking
ticket on …(Unintell)
JL: It might imply that somebody did the same with Officer Graham?
JR: (Unintell)
JL: Yes.
JR: (Unintell)
JL: O.K. I understand.
JR: (Unintell)
JL: I rest my case.
JR: Thank you for your time. You presented your case very
well and did very well actually.
(Judge Rossen rules.
"Guilty"of "Parking in Alley"
Judgement for plaintiff City of Knoxville)