STATE OF ILLINOIS
COUNTY OF COOK

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT - FIRST MUNICIPAL DIVISION



THE PEOPLE OF THE )
STATE OF ILLINOIS )
vs. ) Case No. 00-217168
MARK BUNKER 1
REPORT OF PROCEEDINGS of the hearing
before the Hon. WILLIAM O'MALLEY, on the 6th day of
January, A.D., 2001.


APPEARANCES:
HON. RICHARD DEVINE, State's Attorney,
BY: MS. BRAND1 KING SC
MS. CHERYL WRONKIEWICZ,
Assistant State's Attorney,
on behalf of the People;



BY: MS. JULIE AIMEN &
MR. DENNIS DE VLAMING,
on behalf of the Defendant.


REGINA A. CLEMMER, CSR,
OFFICIAL COURT REPORTER
CIRCUIT COURT OF COOK COUNTY
LIC. NO. 084-004002

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INDEX

People vs. MARK BUNKER

Jury Trial

Witnesses: Direct Cross Redirect Recross


For the State:

Mary Anne Ahmad 4 9 15 18

Blase Floria 20 44 65 67

Ralph Bonifazi 69 88 102



For the Defense:

David Jackson 109 127

Dr. Wm. Zizic 128 147 160 163
165


Reporter's Certificate- P. 167


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(Jury enters.)
THE COURT: Good morning, state. We are ready to proceed.

MS. KING: Yes.

THE COURT: State, call your first witness.

MS. KING: State Calls Mary Anne Ahmad.
(Witness sworn.)

THE COURT: Proceed.

MS. KING: Good morning, Mary Anne.

THE WITNESS: Good morning.

MS. KING: Will you please state and spell your name for the court reporter and the jury.

THE WITNESS: Yes.

MS. KING: And I ask you to keep your voice up.

THE WITNESS: My name is Mary Anne Ahmad, M-a-r-y, second one, A-n-n-e, last name is
A-h-m-a-d.
MARY ANN AHMAD,
called as a witness on behalf of the People of the State of Illinois, having been first duly
sworn, was examined and testified as follows:

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DIRECT EXAMINATION
BY MS. KING:
Q Mary Anne, are you currently employed?

A. Yes, I am.

Q. Where are you employed?

A. With the Church of Scientology in Illinois.

Q. Is that church located here in Chicago, Illinois?

A. Yes.

Q. Where is it located?

A. 3011 North Lincoln Avenue.

Q. Is that in Cook County?

A. Yes.

Q. Did your church occupy the property of 3011 North Lincoln?

A. Yes, we do.

Q. Is that a public or private property? A. It is private property.

Q. Your church is not open to the public?

A. The public can come in but it is not a public building.


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MS. AIMEN: Objection.

THE COURT: Overruled.

MS. AIMEN: It is a legal determination, Judge.

THE COURT: Overruled.

BY MS. KING:
Q. Your church is the one that occupies the property?

A. Yes.

Q. Can you please describe your property for the jury?

A. Okay. You mean the front part of the church?

Q. What the property looks like from the outside?

A. Okay. There is on the north side, there is a display window that
goes like this and it goes from the sidewalk into the door. And then,
there is a door; and then, there is another big window that goes into a
U-shape like this and there is a second door; and then, a third display window.

Q. Are you talking about the display window and the door, are the doors even up
on the street with the display windows?

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A. No.

Q. Where are they?

A. The doors are set back from the street -- from the walk.

Q. What is in front of the door?

A. Tiles on the ground.

Q. And where does your property end?

A. At the sidewalk.

Q. Okay. I am going to be showing you which we previously showed defense counsel.
Would you like to see it again?

MS. AIMEN: That's okay.

MS. KING: People's Exhibit No. 1, Your Honor, which is marked.

THE COURT: Okay.

BY MS. KING:

Q. Mary Anne, can you please describe what this is?

A. This is the north front entrance of our church.

Q. When you say there is a north entrance, there are two entrances?

A. Yes.

Q. A south and a north entrance?


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A. Correct.

Q. And this is the north entrance?

A. Yes.

Q. Can you please describe in detail what this picture depicts?

A. Well, there are the windows. The first display windows which is on the north
side and then, the door is set back from the sidewalk. And then, this is part
of the large display window which is like a U-shape.

Q. Okay.

A. And these are the tiles in front of the door. And then, they end -- there is
like a hump that goes down to the sidewalk; and then, there is the sidewalk.

Q. These tiles, what color are they?

A. Gray.

Q. And are they part of your property?

A. Yes.

MS. KING: Your Honor, we will be asking to present this photograph to the jury
just so they can see what the witness has been describing.

THE COURT: Any objection?

MR. DE VLAMING: That's been admitted into

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evidence?

THE COURT: Not yet.

MR. DE VLAMING: I have no problem. No objection.

BY MS. KING:

Q. Mary Anne, were you working for the Church of Scientology on January 25, 2000?

A. Yes.

Q. Did you have occasion to hire anyone on that date to work for you?

A. Yes, I did.

Q. Who did you hire on that?

A. I hired two off-duty police officers.

Q. For what purpose did you hire them?

A. For security.

Q. Have you ever heard of man by the name of Mark Bunker?

A. Yes.

Q. Is he welcome to your church located at 3011 North Lincoln?

MR. DE VLAMING: Objection, irrelevant.

THE COURT: Sustained to the term welcome.


BY MS. KING:

Q. Has he ever been given permission to come

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into your church?

MR. DE VLAMING: Objection, Judge, calls for a hearsay response.

THE COURT: If she knows.

BY MS. KING:

Q. Do you have any personal knowledge if he had been given permission to come into
your church located at 3011 North Lincoln?

A. Yes, I do.

Q. Has he been given permission?

MR. DE VLAMING: Objection. If the source is a hearsay source, I think, it is
inadmissible whether she has personal knowledge of hearsay.

THE COURT: Your objection is overruled. You may answer.

BY MS. KING:

Q. Was he given permission?

A. No.

MS. KING: No further questions, Your Honor.

THE COURT: Okay. Cross.

CROSS EXAMINATION

BY MR. DE VLAMING:

Q. Ms. Ahmad, you said that you are employed by the Church of Scientology?

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A. Yes, sir.

Q. In what capacity are you employed?

A. I am the secretary of the board of directors.

Q. Are you a member of the office of special affairs?

A. I am the director of special affairs.

Q. Is that as the enforcement aspect of the Church of Scientology?

MS. KING: Your Honor, objection to the relevance.

THE COURT: She may ask that question.

BY MR. DE VLAMING:

Q. Do you investigate critics of the Church of Scientology?

MS. KING: Objection. We ask to approach.

MR. DE VLAMING: Judge, she said that she is employed.

THE COURT: She may answer that question. Overruled.

BY MR. DE VLAMING:

Q. Are those part of your duties to investigate critics of the Church of ScientologY?

A. Sometimes.


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Q. Are You the complainant in this case?

A. Yes, I am.

Q. And did YOU sign a complaint in this matter?

A. Yes, I did.

Q. I would like to show you what's been marked as Defendant's Exhibit No. l?

MS. KING: Your Honor --

BY MR. DE VLAMING:

Q. Let me show you this complaint and ask you whether your signature appears
on that complaint?

A. Yes, it does.

Q. And did you sign that on the date in which it indicates on that particular
complaint form?

A. Yes, I did.

Q. What date is that?

A. 25th, February. It says 1900.

Q. you certainly didn't sign it on 1900?

A. No.

Q. The year 2000?

A. Yes, I did.

Q. 1s everything contained on this document correct and accurate at the time that you
had it notarized?

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A. Yes.

Q. Ms. Ahmad, you indicated before that this church is not open to the public. Did I
hear you indicate that?

A. No.

Q. Is it open to the public?

A. Yes, it is.

Q. SO a person walking down the street can walk into the Church of Scientology without
having to ask permission?

A. Yes.

Q. There is nothing on the outside of the Church of Scientology that indicates that it
is an invitation only or you have to ask permission to go into the church, is there?

A. No.

Q. Did you ever see Mark Bunker on the 25th of January in the year 2000?

A. No, I did not.

Q. YOU never saw him that day?

A. No.

Q. Did you personally ever tell him not to
come onto that property?

A. No.


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Q. Ms. Ahmad, let me show you what's been marked as Defendant's Exhibit No. 2 for
identification, which appears to be a Xerox copy of a letter.

MS. WRONKIEWICZ: We are going to object, Judge.

MR. DE VLAMING: Judge, I haven't offered it into evidence yet in this point in
time.

THE COURT: You may ask that question.

MS. KING: Your Honor, the letter was not written by the witness.

MR. DE VLAMING: I understand.

THE COURT: Let's find out what it is.

BY MR. DE VLAMING:

Q. Ms. Ahmad, let me just take a minute and ask you to look at Defendant's Exhibit 2 and
the only question I have is, do you recall receiving that exhibit?

A. Yes, I do.

Q. And did you receive it on Or about then -- well, is there a date on this letter?

A. No, there is not.

Q. Do YOU see a fax date on the top of that letter?


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A. Yes.

Q. Can you tell me whether or not it would have been on or about that date or are you
unable to tell us that?

A. Well, the date that's on here is l/24/00.

Q. So that your receipt of that letter predated that day obviously?

A. Yes, I believe so.

Q. May I. Were you at the Church of Scientology on January 25, 2000?

A. Yes, I was.

Q. Did you ever go to the front of the building?

A. Could you clarify?

Q. Do you enter and exit the front of the building?

A. Yes, I do.

Q. Were there any signs or any postings of any kind that instructed Mark Bunker to stay
out or anything like that?

A. No.

Q. Was there anything in writing presented by you that day that he was not to come onto
the property or inside of the building?

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A. No.

MR. DE VLAMING: Your Honor, may I approach the witness?

MS. KING: We ask to approach the bench.

MR. DE VLAMING: I am not going to offer it.

THE COURT: Side bar.

(The following proceedings were had in open court out of the hearing of the jury:)

BY MR. DE VLAMING:

Q. Ms. Ahmad, let me show you what has been marked as Defendant's Exhibit No. 3 at this time.
Could you tell me whether or not does that show the front of the Church of Scientology?

A. Yes.

Q. And are you in that photograph?

A. Yes, I am.

MR. DE VLAMING: I have no further questions of the witness.

MS. KING: Your Honor, I just have a few.

THE COURT: Okay.

REDIRECT EXAMINATION
BY MS. KING:

Q. Ma'am, showing you what the defense

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counsel has already shown you as Defense Exhibit No. 1, which is the complaint in this case?

A. Yes, it is.

Q. And you signed this complaint?

A. Yes, I did.

Q. When you signed this complaint, did you read the complaint?

A. Yes, I did.

Q. What portion of the complaint did you read?

A. This part where it says committed the offense of criminal trespass to land.

MS. AIMEN: Objection.

THE COURT: Overruled.

THE WITNESS: Knowingly remained upon the property of the Church of Scientology with a video recorder, after receiving notice several times from complainant to leave the premises.

BY MS. KING:

Q. Did you read any other portion of this complaint?

A. No.

Q. You only read the facts that were stated on the complaint?

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A. Yes.

Q. Did You read where the date was on this complaint?

A. No.

Q. Did you sign this complaint on February 25th?

A. Yes.

Q. You signed this complaint on February 25th?

A. That's what it says.

Q. That's what it say right there. Is that the date that you signed it? Can you recall that?

Let me bring you back. On what date, when did you sign this complaint. When did an officer
come to you and have you sign this complaint?

A. On January 25th.

Q. IS that the date that this event occurred?

A. Yes.

Q. When he came to you on January 25th to sign the complaint, did you sign it that day?

A. Yes, I did.

Q. Did he come back on February 25th?

A. Not that I can recall, no.

Q. Did you sign this complaint on


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January 25th?

A. Yes.

Q. Did You check that date when you were signing it?

A. No.

MS. KING: No further questions, Your Honor.

THE COURT: Anything based on that?

MR. DE VLAMING: Just a couple.

RECROSS EXAMINATION
BY MR. DE VLAMING:

Q. Ms. Ahmad, there is a notarization on this document, right, a notary placed the
date on this document, correct?

A. Yes.

Q. So a notary public, not yourself, had dated that February 25th. Are you telling
this jury that the notary made a mistake as to the date and you are correct?

A. Well, actually, the complaint that I signed, it was a police form, right and it
had -- the writing was a little difficult to read. But that's what I signed on January 25th.

Q. So it was not that document you signed on January 25th. This is the document before you


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signed on February 25th, the date it was notarized, correct?

MS. WRONKIEWICZ: Objection. That wasn't her testimony.

THE COURT: Overruled. She can answer the question.

THE WITNESS: I am not sure.

MR. DE VLAMING: That's all. That's all, Your Honor.

MS. KING: NO further questions, Judge.

THE COURT: Thank you, ma'am. Call your next witness.

MS. WRONKIEWICZ: State calls Blase Floria. He is in the jury room down the hall.
(Witness sworn.)

MS. WRONKIEWICZ: Officer, in a loud and clear voice, please state your name for the benefit
of the court reporter and the jury.

THE WITNESS: My name is Blase Floria, B-l-a-s-e, last name F-l-o-r-i-a.

OFFICER BLASE FLORIA,
called as a witness on behalf of the People of the State of Illinois, having been first duly
sworn, was examined and testified as follows:

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DIRECT EXAMINATION
BY MS. WRONKIEWICZ:

Q. Officer, Please state your star number and unit of assignment?

A. Star No. 18458.

Q. And your unit of assignment?

A. 19th District, Gang.

Q. Officer, how long have you been employed by the Chicago Police Department?

A. Roughly, six and a half years.

Q. Officer, I am going to turn your attention to January 25th and ask you if you were
working on that date?

A. Yes.

Q. And after working at the Chicago Police Department, did you have any off-duty assignments?

A. Yes, I did.

Q. And where was that off-duty assignment.

A. It was at the Church of Scientology.

Q. Now, did you go to the Church of Scientology on January 25th, of the year 2000, at
approximately 5:30 in the evening?


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A. Yes, I did.

Q. Were YOU working alone or with a partner?

A. With a partner.

Q. What was the name of your partner?

A. His name is Ralph Bonifazi.

Q. Can You spell that for the court reporter?

A. Ralph, common spelling, R-a-l-p-h, last name, B like in boy, o-n-i-f-a-z-i.

Q. What was your assignment, your off-duty assignment on January 25th?

A. We were working security for the Church of Scientology.

Q. Okay. And did you have any specific instructions with regards to your security detail?

A. Yes, we did.

Q. What was your instructions?

A. Not to allow an individual within the confines of the church.

Q. Did YOU know the name of that individual?

A. Yes.

Q. What was his name?

A. Mark Bunker.

Q. Now, when you arrived on January 25th at about -- let me stop there for a second. At


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approximately 7:30 in the evening, did something unusual occur?

A. Yes.

Q. Where were you at approximately 7:30 in the evening?

A. Inside of the church.

Q. And who were you with?

A. With Officer Bonifazi.

Q. What happened about 7:30?

A. Mark Bunker came to the -- and two other individuals came to the door of the church.

Q. And do you see that individual here in court?

A. Yes, I do.

Q. Can you please point to him and identify something that he is wearing for the record?

A. The individual sitting to my right with the beard and a green shirt and tie.

MS. WRONKIEWICZ: Judge, may the record reflect an in-court identification of the defendant?

THE COURT: It will.

BY MS. WRONKIEWICZ:

Q. Now, where did you first see Mr. Bunker at?


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A. Right at the threshold of the doorway.

Q. And you say that he was not alone. Did you see anyone else with him?

A. Yes.

Q. How many people did you see with him?

A. Two other individuals.

Q. And can you describe for the jury what these two individuals looked like?

A. One was a female, female white and one was a male white.

Q. Where were they standing in relation to the defendant?

A. I believe to either side of him.

Q. When Mr. Bunker arrived, did you have a conversation with him?

A. Yes, we did.

Q. Where did that conversation take place?

A. Right at the doorway of the Church of Scientology.

Q. Who was present for that conversation?

A. Officer Bonifazi and the other two individuals.

Q. Did you ever find out the names of those other two individuals?


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A. Yes, I did.

Q. What are the names?

A. It's Zizic. Barbara and I can't recall his first name but they were a
married couple.

Q. Okay. And did you have any instructions regarding the Zizic's?

A. No.

Q. Now, when you had this conversation with the defendant, what did you say to him?

A. I asked him if he was Mark Bunker.

Q. And did he respond?

A. Yes, he did.

Q. What did he say?

A. He said, yes, I am Mark Bunker.

Q. After he told you that his name was indeed Mark Bunker, did you say anything else to him?

A. Yes. I told him that he wouldn't be allowed --MS. AIMEN: Judge, I object at this time and
asking for a side bar.

THE COURT: Sure.

(The following proceedings were had in open court out of the hearing of the jury:)


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THE COURT: What's the objection?

MS. AIMEN: Judge, even though this is a misdemeanor trial, there were absolutely no
statements of the defendant tendered. Police reports were tendered but no reduction of
statements made by the defendant that has ever been tendered to us.

MS. WRONKIEWICZ: Judge, both the case report and the police report were tendered to
counsel stating that the defendant refused to leave after several requests to leave.
In addition, I did do an amended answer to discovery where I said in my answer to
discovery that defendant refused to leave after being told to leave.

MS. AIMEN: But the statements as to defendant as they are coming in here right now were
never tendered.

THE COURT: These statements occurred during the course of the alleged incident?

MS. WRONKIEWICZ: That's correct.

THE COURT: They are admissible.

MS. AIMEN: They were required to be tendered and that is basis. They were not.


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THE COURT: Overruled.

BY MS. WRONKIEWICZ:

Q. Officer, after you told Mr. Bunker or after Mr. Bunker identified himself to you,
what did you say to him?

A. I told him that they were not allowed into the building.

Q. Did he respond to you?

A. Yes, he did.

Q. What did the defendant say?

A. He said, yes, I can come in here.

Q. After the defendant said that he could come in here, did you say anything else to him?

A. As I said again, I reiterated, you can't. You would be trespassing.

Q. When the defendant arrived, did he have anything in his hands?

A. Yes, he did.

Q. What did he have?

A. He had a camera.

Q. And did you see where that camera was at?

A. It was at his side.

Q. Now, after you told the defendant that he


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was not allowed in, could you see what the defendant did?

A. Yes.

Q. What did the defendant do?

A. He began to raise the camera.

Q. Okay. Now, after he raised the camera, what happened?

A. Again, then we walked towards him and said, you can't come in here.

Q. As you walked towards the defendant, could you see what he did?

A. Yes. He backed pedaled about two or three feet from the original spot from
where we had the initial conversation.

Q. When he stepped back, what did you do?

A. Again, I said, I go, you have to leave the premises.

Q. And where were you standing when you again told him that he had to leave?

A. On the tile that's right in front of the door.

Q. Now, at this time, you had another conversation with him, correct?

A. Yes.

Q. So this is your second conversation with the defendant, correct?

A. Yes.


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Q. Who was present for this conversation?

A. Officer Bonifazi and the Zizic's.

Q. Could you see where the Zizic's were at this time?

A. They were behind him.

Q. When you say him, who are you referring to?

A. Mark Bunker.

Q. Now, what did you say to him at this second location?

A. I said, that you are going to have to leave.

Q. Okay. Did he respond when you said that he had to leave?

A. He said, no, I don't. This is a free country.

Q. After the defendant said it was a free country, did you do something?

A. Yes. I walked towards him again with Officer Bonifazi.

Q. Did you see what the defendant did?


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A. He backed up.

Q. When you say he backed up?

A. Walked.

Q. Walked. About how far did he walk?

A. Two to three feet.

Q. Okay.

A. Still on the tile.

Q. And was he walking backwards or forward?

A. Backwards.

Q. As he walked backwards, what did you do?

A. I told him one more time, you have to leave the premises.

Q. After telling him this third time that he had to leave, did you do
anything?

A. Yes, I did.

Q. What did you do?

A. I took out my handcuffs and said, I go, if you don't leave, I have to
place you under arrest.

Q. Where did you have these handcuffs at?

A. On my belt.

Q. And when you pulled out your handcuffs, what did you do with them?

A. I displayed and showed him so he could see that they are handcuffs.


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MS. WRONKIEWICZ: Judge, could the record reflect that he is picking up his right
hand and holding it to his side?

THE COURT: It will.

BY MS. WRONKIEWICZ:

Q. After you showed Mark Bunker your handcuffs, could you see what he did?

A. Yes. He became very visibly shaken and surprised.

MS. AIMEN: Objection, Judge.

THE COURT: Sustained.

BY MS. WRONKIEWICZ:

Q. After you showed him these handcuffs, what did you do?

A. I walked towards him.

Q. Did the defendant do anything as you walked towards him?

A. Yes.

Q. What did he do?

A. He hurriedly back pedaled towards the curb, trying to avoid my handcuffing him.

Q. And did you notice anything else in the defendant's hand as he was walking backwards?

A. Yes. As he was going backwards, he

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produced a cell phone out in his left hand.

Q. And what hand did he have the video camera in?

A. The right hand.

Q. When you took your cuffs out, which hand did you attempt to cuff?

A. The right hand.

Q. And you are speaking, you attempted to cuff Mark Bunker's right hand?

A. Yes.

Q. As you attempted to handcuff his right hand, what happened?

A. He began to withdraw his arm into his belt and shield it and take the
camera and cuff it towards him like you would be carrying a football.

MS. WRONKIEWICZ: Judge, may the record reflect that the officer is showing with
his hand, he is holding it close to his body and to his side?

THE COURT: It will.

BY MS. WRONKIEWICZ:

Q. you say that the defendant had a video camera up by his side. What did you do?

A. I grabbed his right wrist and placed the cuffs on his right hand.


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Q. Okay.

A. Right wrist, sorry.

Q. Could you see where your partner was at this time?

A. Yes. He was on Mr. Bunker's right.

Q. What did you -- did you get the cuff on his right hand?

A. Yes.

Q. And what -- did anything occur while you were trying to put the cuff on his right hand?

A. Yes, it did.

Q. What happened?

A. The camera that he did have in that hand fell and tumbled to the ground into the street
between two parked cars.

Q. And after the camera fell to the ground, what did you do?

A. I struggled with Mr. Bunker to get his left hand cuffed.

Q. Okay. And what was your partner doing at this time?

A. He was assisting me in doing this.

Q. Were you able to get the defendant's hands cuffed?

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A. Yes.

Q. Where were his hands cuffed at?

A. Behind him.

Q. Okay. Now, after you placed the defendant under arrest, was he saying anything?

A. Yes.

Q. What was he saying?

A. He said, where's my camera, where's my camera.

Q. After you placed the defendant under arrest, did you, at any time, call for backup?

A. Yes.

Q. How did you call for backup?

A. I told the receptionist from the Church of Scientology to call 911 and ask for an
officer needs assistance.

Q. Did any police arrive?

A. Yes.

Q. How quickly did these police arrive?

A. Within a minute.

Q. Now, when the police arrived -- actually, let me back you up for a second and go back
to when you are placing the handcuffs on the defendant. Could you see what these two other

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individuals with the defendant were doing?

A. Yes.

Q. Okay. And what about the female, could you see what she was doing?

A. Yes, I could.

Q. What was the female doing?

A. Well, she was, at the time, she was trying to stop us, personally me, from handcuffing
Mr. Bunker by pulling on my hair and right arm.

Q. What about the male that was with the defendant, could you see what he was doing?

A. Yes:

Q. What was he doing?

A. Well, he walked with us. He didn't really interfere at all.

Q. Was the female that was with the defendant saying anything?

A. Yes.

Q. Can you describe her voice for the jury?

A. High pitched scream. She was yelling, let him go, let him go.

Q. What about the male that was with the defendant, could YOU hear if he was doing anything?

A. He didn't say anything.

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Q. Now, after the police arrived, about how many police arrived on the scene?

A. At least five squad cars, two man squad cars.

Q. When the police arrived, what did you do?

A. I stayed with Mr. Bunker.

Q. Was he saying anything at this time as you were standing there with him?

A. Yes. He reiterated, where's my camera, where's my camera.

Q. After the defendant was stating that he wanted his camera, did you do anything?

A. Yes.

Q. What did you do?

A. Well, I looked at the last place that I saw the camera fall within the two parked cars.

Q. And did you find the camera there?

A. No.

Q. Could you see what your partner was doing?

A. Yes.

Q. What was your partner doing?

A. He was beginning to canvass the area. There were about 40 or 50 people out
asking where is his camera.

35
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Q. Was anyone responding?

A. No.

Q. Did You see the defendant's camera again?

A. Yes.

Q. Where did you see the defendant's camera?

A. I Saw it eventually in Mr. Zizic's hand.

Q. And Mr. Zizic is the individual that arrived on the scene with the defendant, correct?

A. Yes.

Q. When you saw Mr. Zizic with the camera, where was your partner at?

A. He was with Mr. Zizic..

Q. Could you see what occurred between your partner and Mr. Zizic?

A. Yes. There was a --

Q. How far away were they from you?

A. From me, maybe about 15 to 20 feet.

Q. And was there anything obstructing your view of Mr. Zizic and your partner?

A. No.

Q. Describe for the jury what you saw occur between Mr. Zizic and your partner?

A. I saw my partner ask for the camera and said that it belonged to the prisoner
and Mr. Zizic

36
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said, no, I want to hold it. Then they began like a tug-of-war on the camera itself.
Eventually, my partner, Ralph Bonifazi, retrieved the camera.

Q. And after your partner ended up with the camera, what did you do?

A. Uhm --

Q. Well, let me back you up for a second. What did you do with Mr. Bunker?

A. I gave him to Officer Cuddy, a female officer.

Q. Officer, I am going to show you which I have already showed to counsel?

MS. AIMEN: We object at this time. We ask to be heard at side bar.

THE COURT: Side bar.
(The following proceedings were had in open court out of the hearing of the jury:)

THE COURT: What's the objection?

MS. AIMEN: The objection is that this is used for demonstrative purposes. It is
completely out of scale and it shows things grossly out of proportion.

MS. WRONKIEWICZ: Judge, it is demonstrative so

37
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it doesn't have been to be completely out of scale. He is going to testify that he is
familiar with the area and fairly and accurately depicts and he sees things. If you look at
the pictures, it does.

MS. AIMEN: Judge, it make the entrance way larger and wider than it actually is. And the
sidewalk is smaller than it actually is. I have the dimensions here and this is grossly out of
proportion.

MR. DE VLAMING: Since we have the photographs blown up, those are the actual evidence.

THE COURT: This is not the scale?

MS. WRONKIEWICZ: No, Judge. We are not trying to argue.

THE COURT: It will only confuse the jury.

MS. WRONKIEWICZ: Okay.

BY MS. WRONKIEWICZ:

Q. Officer, I am going to show you what we have previous marked as People's Exhibit NO. 1 and
ask you if you can identify what's in this photograph?

A. That's the window opening at the threshold of the Church of Scientology's front door.

38
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Q. Officer, are YOU familiar with this photo, this area?

A. Yes.

Q. And does this photo fairly and accurately depict the way the church looked on January 25th?

A. Yes.

MS. WRONKIEWICZ: Judge, I am going to ask -- I am going to ask if the officer could step down and mark on this photo for the jury.

THE COURT: I asked earlier if there is another easel in the back. We can go with this one.

BY MS. WRONKIEWICZ:

Q. Officer, I would ask you to take this marker and can you show in this photo where you and
your partner were standing when you began working on January 25th?

A. Yes. We were right inside of this doorway right here.

MS. WRONKIEWICZ: Judge, may the record reflect that he has placed an "X" on the doorway in
People's Exhibit NO. l?

THE COURT: It will. Can all of the jurors see that?

THE JURORS: No.

39
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THE COURT: It's more important for them to see it than me.

BY MS. WRONKIEWICZ:

Q. Now, officer, after meeting Mark Bunker and having a conversation with him, you stated he
backed up, correct?

A. Uh-huh.

Q. Please take that red marker and place it to where the defendant backed up.

MS. WRONKIEWICZ: Judge, may the record reflect that he taken the marker and placed a No. 2 on People's Exhibit No. 2?

THE COURT: What did he put there, where he and his partner were?

MS. WRONKIEWICZ: He put an Xl.

BY MS. WRONKIEWICZ:

Q. Now, after your second conversation with the defendant when he backed up again, can you please take that red marker and put a No. 3 to where the defendant was standing.

MS. WRONKIEWICZ: Judge, may the record reflect that he has taken the red marker and
placed a 3 on People's Exhibit No. 1 at the end of the tiled area?

40
-----------------------------------------------

THE COURT: Yes.

BY MS. WRONKIEWICZ:

Q. Now, after YOU told the defendant that he was under arrest, YOU said that he backed up again, correct?

A. Yes.

Q. Can you please place a No. 4 at where the defendant backed up to after you told him that he was under arrest?

A. Roughly right back here. The photo doesn't show the curb in the street but you can
visualize there is a curb right at the curb.

MS. WRONKIEWICZ: Judge, he has placed a 4 at the very bottom of People's Exhibit No. 1
with a red marker.

BY MS. WRONKIEWICZ:

Q. Officer, can you please sit down for a second. Now, officer, are you member of the Church
of Scientology?

A. No, I am not.

Q. Do YOU have any friends that are members of the Church of Scientology?

A. No.


41
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Q. Prior to January 25th of the year 2000, have you ever worked for the Church of Scientology?

A. No.

Q . Officer, have you ever met Mary Anne Ahmad before January 25th?

A. No.

Q . Have you ever met Mark Bunker before?

A. No.

Q . What about Mr. And Mrs. Zizic, did you ever meet them before January 25th?

A. No.

Q . Was anyone else arrested on January 25th?

A. No.

Q . Now, in People's -- in the photos that you have, the photo that you have marked, you placed four numbers on them, correct?

A. Right.


Q. Where was the defendant standing when you told him that he was under arrest, which of those numbers?

A. Number 4.

Q . And which of those places was the defendant standing when you told him that he had to
leave?

42
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A. At each, at 1, 2 and 3, I told him .

MS. WRONKIEWICZ: Thank you. Judge, may I have a moment, please.

THE COURT: Okay.

BY MS. WRONKIEWICZ:

Q. Officer, you stated that as you placed the defendant under arrest, he had a videotape in one hand, correct?

A. No.

Q. A --

A. A video camera.

Q. A camera. And he had something in the other hand, correct?

A. Yes.

Q. And what was that?

A. It was a cell phone.

Q. As you placed the defendant under arrest, what -- did anything happen to the cell phone?

A. Yes.

Q. What happened to it?

A. It fell to the ground at his feet.

Q. Officer, at any time, did you identify yourself as a police officer?

MS. AIMEN: Objection, leading.


43
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THE COURT: Overruled.

THE WITNESS: Yes.

BY MS. WRONKIEWICZ:

Q. When was it that you identified yourself as a police officer?

A. As soon as he was cuffed.

Q. And did -- what -- did the defendant say anything when you identified yourself as a police
officer?

A. No.

MS. WRONKIEWICZ: Judge, may I have a moment? Judge, I have nothing further. I would tender the witness.

THE COURT: You may cross.

CROSS EXAMINATION
BY MS. AIMEN:

Q. Good morning, officer. How are you?

A. How you doing.

Q. Officer, you were with the Chicago Police Department for six and a half years prior to
January 25, 2000?

A. Not prior to that. To this point today.

Q. So it was about five and a half years back then, is it fair to say?


44
-----------------------------------------------

A. Yes.

Q. And as a Chicago pplice officer, there are rules and regulations that govern your behavior, is
that correct?

A. That's correct.

Q. Those rules and regulations cover your behavior not only as an on-duty police officer but as an off-duty police officer?

A. Right.

Q. For instance, as a Chicago police officer, even when you are off-duty, you are suppose to respond to emergencies, is that correct?

A. Yes.

Q. But on January 25th at 5:30 in the evening, you were working what's called secondary employment?

A. Right.

Q. As you testified earlier, that was with the Church of Scientology?

A. Correct.

Q. You weren't assigned as a Chicago police detailed to the Church of Scientology, were you?

A. No.

Q. You were paid for your work with the

45
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church?

A. Yes.

Q. And you knew that you were going to be paid that evening, is that correct?

A. Yes.

Q. For your work there?

A. Yes.

MS. AIMEN: Judge, may I approached?

THE COURT: Sure.

BY MS. AIMEN:

Q. Officer, I am going to show you what's been marked as Defendant's Group No. 4 for
identification. It is a two page document. Could you tell me what's contained on those pages?

A. There are four checks.

Q. And are any of those checks made out to you?

A. Yes. Two of them.

Q. The other two checks are made out to your partner?

A. Yes.

Q. So essentially, you were a hired gun that night, is that correct, officer?

MS. WRONKIEWICZ: Objection, Judge.

46
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THE COURT: Sustained. Rephrase the question.

BY MS. AIMEN:

Q. Well, officer, let me ask you this. When you went to work at the Church of Scientology, YOU weren't wearing a uniform, a police uniform, is that right?

A. That's right.

Q. You were in plain clothes?

A. That's right.

Q. And you didn't have a jacket on that said Church of Scientology on it, did you?

A. No.

Q. You didn't have a jacket that said security on it anywhere, did you?

A. No.

Q. SO if someone was looking at you, they wouldn't know you from anybody who was on the
street, is that correct?

MS. WRONKIEWICZ: Objection, Judge.

THE COURT: Overruled.

MS. WRONKIEWICZ: Call for --THE COURT: Overruled.

THE WITNESS: On the street, yes.

47
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BY MS. AIMEN:

Q. When you were walking down the street, there was nothing that indicated that you were
working for the Church of Scientology, is that right?

MS. WRONKIEWICZ: Objection, Judge. He didn't testify to walking down the street.

THE COURT: Sustained.

BY MS. AIMEN:

Q. When you were standing at the door, there was nothing on your person to identify that you were working for the Church of Scientology?

A. Correct.

Q. Now, it's your testimony that you were standing behind that door on the evening of
January 25th, 2000, is that right?

A. Yes. Inside.

Q. And how long had you been standing behind that door?

A. Well, within the confines of the building, a couple of hours.

Q. How long had you been standing at that door?

A. I don't recall that.

48
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Q. When you were asked to come to the church that night, you knew that there were going to be two other people coming to the church, is that right?

A. Yes.

Q. You were told that Dr. and Dr. Zizic were going to come?

A. Yes.

Q. And you were told that they might have somebody else with them, correct?

A. Yes.

Q. You were told that Mark Bunker might have a camera with him, isn't that right?

A. That, I don't recall.

Q. Now, was that front door locked that night, officer?

A. I don't remember that. You want me to respond?

Q. No.

A. Okay.

Q. Thank you. Your instructions that evening were not to keep the two other individuals out
of the building, isn't that right?

A. Yes. They could enter.


49
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Q. When you first saw Mr. Bunker approaching the facility here, he was approaching from the
south, isn't that correct?

A. I don't remember which way he came from because I was inside.

Q. There were a lot of people outside that evening, weren't there?

MS. WRONKIEWICZ: Objection. Which time?

THE COURT: Sustained.

BY MS. AIMEN:

Q. Prior to 7:30 in the evening, there were people from the Church of Scientology on the
street, isn't that right?

A. No.

Q. There were no individuals from the Church of Scientology out on the street, to the
best of your knowledge?

A. To the best of my knowledge --

MS. WRONKIEWICZ: Objection, when?

MS. KING: And foundation.

THE COURT: Sustained.

BY MS. AIMEN:

Q. TO the best of your knowledge, prior to 7:30 that evening, there were no other people out


50
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on the street from the Church of Scientology, is that what you are telling this court?

A. To the best of my knowledge, I don't know if they were passersby. I don't know if they were church related or just regular people walking down the street.

Q. Were you aware that the Church of Scientology sometimes has its own security guards
posted around the perimeters of the building?

MS. WRONKIEWICZ: Objection.

THE COURT: Overruled. He can answer.

THE WITNESS: No.

BY MS. AIMEN:

Q. I am going to show you what's been marked as Defendant's Exhibit No. 5 for identification
and ask you if this fairly and accurately represents the two entrances to what's been called
the Church of Scientology?

A. Yes, it does.

Q. And there are two separate addresses for this location, isn't that correct?

A. I don't recall that.

Q. Okay. Well, officer, let me ask you if YOU know what is over this -- there are two


51
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separate gray tiled vestibule type structures there, right?

A. Right.

Q. And there are a series of windows that jut out, is that right?

A. That's right.

Q. These tiles that are separated by this glass window, they look the same, do they not?

A. Yes.

Q. Over one door it says Hubbard Dyanetic (phonetic)?

A. Yes.

Q. And over the door, it says Scientology?

A. I don't know. I can't really see that.

Q. Officer, I would like you to step down, if you could for a moment. And since you were using the red marker, maybe you can be consistent and take my red marker and if you know, put an "X1' over the doorway as to which doorway you believe that Mr. Bunker was coming into that day?

A. I believe, it is this door right here.

Q. Put it over by the doorway, like over by the sign up an above. The address of that location
would be 3011 Lincoln, isn't that correct?


52
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A. I believe that's to be true.

Q. That's what you wrote on your report that night?

A. I didn't write -- 1 wrote a report later in the evening, yes.

Q. You may sit down. Now, when you first saw Mr. Bunker, he was holding a large video
camera, correct?

A. Yes.

Q. And when you first saw that video camera, there was a red light on, wasn't there, officer?

A. No.

Q. Does this video camera look like the video camera that you saw Mr. Bunker holding that night?

A. To be honest, I can't identify the camera.

Q. So never had your hands on the camera that night, officer?

A. No.

Q. But this is -- this might be like the kind of camera that you say he was hugging to his chest
like a football?

MS. WRONKIEWICZ: Objection.

THE COURT: Overruled. He can answer it.

THE WITNESS: It might be. It's a video


53
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camera.

BY MS. AIMEN:

Q. Can you tell me the brand name of this video camera?

A. Sony.

Q. Officer, when you first saw Mr. Bunker, you say he was standing in that doorway, is that
correct?

A. Yes.

Q. There were two other individuals that are there with him, isn't that correct?

A. That's correct.

Q. I am going to show you what I am marking as Defendant's No. 6 for identification and ask you if that shows the address of 3011?

A. Yes, it does.

Q. And it has the same kind of Hubbard Dianetic Foundation sign over the door?

A. Yes.

Q. And you recognize this to be the entrance that you say Mr. Bunker was standing at?

A. Yes.

Q. Now, this front door that is in the

54
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photograph, it swings out, is that correct?

A. Out towards the street.

Q. Towards the street. And, officer, when that -- when you were at that front door, it
was -- you claimed that the door swung open and Mr. Bunker was standing there?

A. Yes.

Q. I would like you to step down for a moment, officer. I am going to show you what's
been marked as Defendant's Exhibit No. 6. Is it fair to say that the plastic coding is flushed to
the left-hand corner?

A. Yes.

Q. It's flushed to the top of the page?

A. Yes.

Q. And so, I would like you to take the red pen again and I would like you to put an vM1' for
where you saw Mark Bunker and a liBU and a IIW1l for Barbara and William Zizic, as to where you first saw them?

A. Well, we saw Mr. Bunker right here at the doorway. The Zizic's, I don't know which one was which. They were both behind them. What's their names again?


55
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Q. Barbara and William?

A. Possibly this way, these two.

Q. Since you used the eZ11 for Bunker, would you be put a MB or BZ at the bottom?

A. Okay.

Q. The door was open, however, is that correct?

A. Yes.

Q. And so, actually those markings would be set back a little bit because they had to get out
of the way of the door?

A. Right.

Q. Now, officer, at that point when you first saw Mr. Bunker, you didn't -- you told him that he
was not welcome, is that correct, officer. Were those the words that you used?

A. After he identified himself, yes.

Q. You didn't give him a direct order, get off the land, did you?

A. Not initially, no.

Q. And it's fair to say at that point, you and your partner walked through that door towards
Mr. Bunker, is that correct?

A. Yes.

56
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Q. So in order -- as you walked through that door, everybody that was standing at that door
stepped backwards?

A. Yes.

Q. The last time that -- well, the time in which you placed Mr. Bunker under arrest, are you
saying that you placed Mr. Bunker under arrest, I'd like you to come down here and take the red pen and put a big ltA1l where you say you placed Mr. Bunker was under arrest?

A. It was somewhere around here. Because of the angle, you couldn't tell. It was right near a
meter.

THE COURT: We are still talking about?

MS. AIMEN: Exhibit No. 6. No, Defendant 5 for identification.

BY MS. AIMEN:

Q. And that place where you placed the cuffs on him was on the public sidewalk, right?

A. Yes.

Q. That's the place you claimed that he dropped a video camera to the ground?

A. Yes.

Q. Isn't it true, officer, that your partner,


57
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Bonifazi was bending his thumb back, trying to get him to drop that camera to the ground so
you could use that hand to cuff him?

MS. WRONKIEWICZ: Objection.

THE COURT: Overruled.

THE WITNESS: That was not the reason that he was bending his finger back.

BY MS. AIMEN:

Q. He had the hand that contained the camera, is that correct?

A. Yes.

Q. And that was the hand that Bonifazi was pressing his thumb back on, isn't that correct?

A. I don't know what Bonifazi was doing with his hands. All I can say is that he was assisting
me.

Q. Isn't it true, officer, that while he was on that public sidewalk, you were yelling at him to
turn off the camera, turn off the camera?

A. No, I wasn't.

Q. And your partner was yelling at him, turn off the camera, turn off the camera?

A. No. I never heard that.

Q. Well, you had agree with me, officer, if

58
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that camera was rolling, it would record the sound, the things that you told Mr. Bunker,
right, if it was rolling?

A. Well --

Q. Hypothetically?

A. Hypothetically --

MS. WRONKIEWICZ: Objection, Judge.

THE COURT: Sustained.

THE WITNESS: Hypothetically.

BY MS. AIMEN:

Q. You would agree with me that if it had an audio component, we could have heard what you
said?

MS. WRONKIEWICZ: Judge, I am going to object.

THE COURT: Sustained.

BY MS. AIMEN:

Q. You would agree with me, officer, that if that camera was rolling, it might have captured
on its tape where Mr. Bunker was when you first told him you are not welcome here?

MS. WRONKIEWICZ: Objection.

THE COURT: Sustained. Ms. Aimen, you were the one that said hypothetically.

MS. AIMEN: Judge, I have withdrawn the term

59
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hypothetically since the first question.

THE COURT: I know. It is hypothetical. Ask him another question.

BY MS. AIMEN:

Q. If that camera were rolling, officer, it would have preserved what was happening on the
scene, isn't that right?

MS. WRONKIEWICZ: Objection.

THE COURT: Sustained.

BY MS. AIMEN:

Q. You testified on direct examine that Mr. Bunker had that camera huddled against his
chest like a football, right?

A. To his side.

Q. And he was doing that to protect that camera, correct?

MS. WRONKIEWICZ: Objection.

THE COURT: Sustained.

BY MS. AIMEN:

Q. Well, he didn't just hand you the camera, did he, officer?

A. No.

Q. And after that camera was no longer -- and he was twisting to get away from you, correct?

60
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A. Correct.

Q. And all the while that he was twisting, he had that camera huddled close to his body?

A. Yes.

Q. All in an effort to avoid you taking that camera, correct?

A. No. I don't know what his intentions were. Our intentions were to handcuff him.

Q. Well, after he was handcuffed, Mr. Bunker said to you a number of times, where's my camera,
where's my camera?

A. Yes.

Q. And would you agree with me that this reflected his desire to know the whereabouts of the
camera, correct?

MS. WRONKIEWICZ: Objection.

THE COURT: Overruled.

THE WITNESS: Yes.

BY MS. AIMEN:

Q. Now, it's fair to say that in your five and a half years of police experience, at that
time, there are incidents where you allow a family member or a friend to take valuable items
of an arrestee so that they won't get lost when you are

61
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processing someone?

MS. WRONKIEWICZ: Objection.

THE COURT: Overruled. He can answer it.

THE WITNESS: If the arrestee agrees to that, yes.

BY MS. AIMEN:

Q. At no point while Mr. Bunker was on the street, did you say, Mr. Mark Bunker, would you
like Dr. Zizic to take your camera and keep it from YOU -- for you?

A. It's not up to me to say what to do with the camera.

Q. You never asked him, would you like to give your camera to Dr. Zizic?

A. No.

Q. You never asked him if there was anyone on the street that day would you like to give that
camera to them?

A. It is not up to me to do that.

Q. Well, officer, you have already said that a defendant has the right to hand valuable items
over to someone, isn't that correct?

A. Yes.

MS. WRONKIEWICZ: Objection. That wasn't his


62
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testimony.

THE COURT: Overruled.

BY MS. AIMEN:

Q. When Dr. Zizic had the camera, you never went over to Mr. Bunker and said, would you like
the doctor to keep your camera?

A. No.

Q. There is nothing about a camera, a video camera, that goes to the elements of criminal
trespass to land, is there?

MS. WRONKIEWICZ: Objection, Judge.

THE COURT: Sustained.

BY MS. AIMEN:

Q. You and your partner got a hold of the camera?

MS. WRONKIEWICZ: Objection.

BY MS. AIMEN:

Q. Your partner had the camera?

MS. WRONKIEWICZ: That wasn't the testimony.

THE COURT: Rephrase the question.

BY MS. AIMEN:

Q. Your partner, Officer Bonifazi, took the camera, correct?

A. Yes.

63
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Q. And from that point on, that camera was in police custody?

A. Yes.

Q. And whatever was in that camera was in police custody?

MS. WRONKIEWICZ: Objection.

THE COURT: Overruled.

THE WITNESS: If there was something within the camera, whatever the contents of the
camera would be in police custody, yes.

BY MS. AIMEN:

Q. Those rules and regulations that we talked about earlier, Rule 40 prohibits certain acts,
isn't that correct, officer?

A. You have to refresh my memory with that.

Q. Rule 40 says the failure to inventory and process recovered property in performance with
the department rules is prohibited, isn't that correct?

A. Right.

Q. You didn't do an inventory form on this camera?

A. No, not personally.

Q. And you didn't identify yourself as you said on direct examine as a police officer until


64
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after you placed those cuffs on Mark Bunker over by the curb on the street, correct?

MS. WRONKIEWICZ: Objection. That wasn't his testimony.

THE COURT: Overruled. He may answer.

THE WITNESS: Yes.

MS. AIMEN: May I have just a second, Judge?

THE COURT: Sure.

MS. AIMEN: Judge, I have no other questions of this witness.

THE COURT: Anything on redirect?

MS. WRONKIEWICZ: Yes, Judge. I just have a couple of questions. One moment.

REDIRECT EXAMINATION
BY MS. WRONKIEWICZ:

Q. Counsel asked you about your duties when you are off-duty, correct?

A. Yes.

Q. What are your duties when you are working off-duty and you see a crime?

A. To take police action.

Q. And when you say take police action, what does that mean?

A. Well, it could be a number of things from


65
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calling the police to actually arresting someone.

Q. Now, counsel asked you if you knew that the Zizic's were coming, correct?

A. Yes.

Q. And did you tell Mr. Zizic that he could not enter the church?

A. No.

Q. Did you ever tell Mrs. Zizic that she couldn't enter the church?

A. No.

Q. Do you know if that video camera was inventoried?

A. Yes, I do.

Q. Who inventoried that video camera?

A. An Officer Cuddy and Arnold.

Q. And those are the officers that arrived on the scene?

A. Two of them, yes.

Q. After you placed the defendant under arrest, who processed them?

A. Cuddy and Arnold.

Q. When these officers arrived on the scene, what did you do with Mr. Bunker?

A. I gave them to Officer Cuddy.

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Q. And in addition to giving the defendant to Officer Cuddy and Arnold, where would his
property go?

A. With the arresting officer.

Q. Did you arrest the defendant for resisting arrest?

A. No.

MS. WRONKIEWICZ: Judge, can I have a moment?

THE COURT: Sure.

MS. WRONKIEWICZ: Judge, I have nothing further.

THE COURT: Anything else?

RECROSS EXAMINATION
BY MS. AIMEN:

Q. Officer, counsel asked you when you were an off-duty officer and what your duties were and you indicated that sometimes it was to call 911 and sometimes it was to make an arrest?

A. Right.

Q. When Barbara Zizic, according to you, was pulling your hair and yanking on your arm, you didn't charge her with battery to a police officer, did you?

A. No.


67
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MS. AIMEN: No other questions.

RECROSS EXAMINATION
BY MS. WRONKIEWICZ:

Q. Why not?

A. It is a police officer's discretion under circumstances. All we were trying to do was keep
Mr. Bunker out of there and my understanding is that she got a little overreacted and then she calmed down.

Q. You didn't place her under arrest?

A. No, I didn't.

MS. WRONKIEWICZ: Nothing further.

THE COURT: We will take a five or ten minute break. Thank you, officer.
(A short break was taken.)
(Whereupon, the jury returns.)

THE COURT: Okay. Call a witness.

MS. KING: State calls Officer Ralph Bonifazi.
(Witness sworn.)

MS. KING: Good afternoon, Officer Bonifazi. Will you please state and spell your last
name for the court reporter and the jury.

THE WITNESS: Sure. Officer Ralph Bonifazi,


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B-o-n-i-f-a-z-i.

OFFICER RALPH BONIFAZI,
called as a witness on behalf of the People of the State of Illinois, having been first duly
sworn, was examined and testified as follows:

DIRECT EXAMINATION
BY MS. KING:

Q. Officer, will you state your star number?

A. 19459. 19th District Gang Team.

Q. How long have you been employed with the Chicago Police Department?

A. Six years.

Q. And on January 25th of the year 2000 at about 5:00 or 5:30 in the evening, were you working
that day?

A. Yes.

Q. Were you working on duty or off duty about that time?

A. Off duty.

Q. Where were you working?

A. At the Church of Scientology.

Q. In what capacity were you working there?

A. Security.

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Q. Were you given instructions as to your duties of security that day for the church?

A. Yes.

Q. What were the instructions?

A. Not to allow Mark Bunker in the Church of Scientology.

Q. At about 7:30 that evening, can you please describe the weather and the conditions outside?

A. It was dark and cold.

Q. And this was on January 25th?

A. Yes.

Q. Okay. About 7:30 that evening, were You working with anyone else at the church that day?


A. Yes.

Q. Who were you working with?

A. Officer Floria.

Q. Where were you and Officer Floria at 7:30?

A. Inside of the Church of Scientology.

Q. Where exactly inside of the church were you?

A. By the door, the entrance.

Q. Did anything unusual happen at about approximately 7:30 that evening?

A. Yes.


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Q. What happened?

A. The door had opened and Mr. Bunker, as well as two other individuals, were standing in
front of the door.

Q. When you say the door opened, do you know which way the door opens?

A. It opens out towards the street.

Q. When that door opened, you said that you saw Mr. Bunker at that time?

A. Yes.

Q. Who else did you see with him, how many people?

A. Mr. And Mrs. William Zizic.

Q. Do you know who any of these three individuals are at this time at 7:3O?

A. No.

Q. How did you derive who they were?

A. We had asked if you were Mr. Bunker.

Q. And did a man by the name of Mr. Bunker identify himself?

A. Yes, he did.

Q. Do you see the person who identified himself as Mark Bunker in court today?

A. Yes.


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Q. Can You Please point to him and identify an article of clothing that he is wearing?

A. The person at the end of the table with the green suit.

MS. KING: Your Honor, I ask that the record reflect the in-court identification of
the defendant?

THE COURT: He has identified him.

BY MS. KING:

Q. Backing up, you said that you were at the door and you saw Mr. Bunker along with two
other individuals?

A. Yes.

Q. And do you know who those two individuals are now?

A. Yes.

Q. Who are they?

A. Mr. William -- yeah, William Zizic and Barbara Zizic.

Q. And when they came to the door and he identified himself as Mark Bunker, did you have a
conversation with him?

A. Yes.

Q. And what did --


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MS. AIMEN: Objection as to whom. Foundation.

THE COURT: I thought she had a conversation with Mark Bunker but I will sustained the
objection.

MS. KING: I will rephrase the question.

BY MS. KING:

Q. When you were standing and a man identified himself as Mark Bunker, who else was
present?

A. My partner, Officer Floria.

Q. And --

A. William Zizic and Barbara Zizic.

Q. And did you have a conversation with the man who identified himself as Mark Bunker?

A. Yes,

Q. And what did that conversation entail?

A. We asked him if he was Mark Bunker and he replied, yes. And shortly after, I explained
to him that he was not welcome here at the Church of Scientology.

Q. Did he respond when you told him that he was not welcome?

A. Yes.

Q. The first time that you told him that he


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was not welcome, where were you standing?

A. At that time, we had exited the Church of Scientology So we are standing on the outside
of it.

Q. Where was the defendant, Mark Bunker, standing?

A. Directly in front of us.

Q. When you say it was right out front, can you describe the Church of Scientology?

A. It's a glass opening with tile on the floor. Fairly open.

Q. When you stepped out, where exactly was he? Were you on the tiles?

A. I was on the tiles also.

Q. And where in relation to the door were you?

A. On the opposite side, on the outside of the door.

Q. Was the door still open or closed at the time?

A. It was closed at that time.

Q. When YOU stepped out, what did Mr. Bunker do?

A. He lifted up a camera and tried to start


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video, I guess, inside of the Church of Scientology.

Q. You did see that Mr. Bunker had a camera?

A. Yes.

Q. What hand was he holding the camera?

A. His right.

Q. After he lifted up the camera, did you have a conversation with him at this time?

A. Yes.

Q. Where exactly were you at this time?

A. A couple of steps just south of the door, still on the tile area of the Church of
Scientology.

Q. Where was the defendant?

A. Just directly in front of me.

Q. Was he still on the tile area?

A. Yes, he was.

Q. What did this conversation entail?

A. That we warned him again that he was trespassing.

Q. And did he respond?

A. Yes.

Q. What did he say?

A. He said, it was a free country and that he

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didn't have to leave.

Q. After his response to that, what did you and your partner do next?

A. We warned him a third and final time.

MS. AIMEN: I am going to object to the pronoun we .

THE COURT: Sustained.

BY MS. KING:

Q. If you could describe what you did?

A. I had warned him that if he did not leave, he would be placed into custody.

Q. What did he say to that warning?

A. He just kind of stared. He didn't really say anything.

Q. Did he leave at that time?

A. No, he did not.

Q. After the third warning and the defendant did not leave, what did you do or say?

A. I said, okay. That's enough of your -- you are now in custody. YOU are under
arrest for criminal trespass.

Q. When you said that, Officer Bonifazi, where exactly was the defendant standing?

A. He was standing still on the tile of the


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Church of Scientology.

Q. Where about on the tile to where the sidewalk is at this time?

A. I want to say maybe one or two steps just north of the sidewalk.

Q. But on the --

A. On the tile.

Q. When you told him that he was under arrest, did you see what your partner did?

A. Yes.

Q. What did your partner do?

A. He had removed his handcuffs from his waistband.

Q. As he removed the handcuffs, did you see what the defendant did?

A. Yes.

Q. What did the defendant do?

A. He began trying to back up.

Q. Okay. He backed up?

A. Yes.

Q. At this time, how far did he back up after he saw the handcuffs?

A. To the sidewalk.

Q. On the sidewalk, what happened on the


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sidewalk?

A. We began attempting to place him under arrest and a struggle ensued.

Q . While you are attempting to place him under arrest, did you see anything
in the defendant's hand at that time?

A. Yes.

Q . And this arrest, the actual arrest was taking place on the sidewalk?

A. Yes.

Q . What did the defendant have in his right hand?

A. In his right hand, he still had the video camera.

Q . Were you able to handcuff his right hand?

A. After a short struggle, yes.

Q . While attempting to place his hand into cuffs, what happened?

A. The camera that he was holding had fallen to the ground.

Q . And when it fell to the ground, where exactly was the defendant standing?

A. He was standing now by the curbside.

Q . Okay.


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A. Next to a parking meter.

Q. When you saw -- did you see where the -- what happened to the camera after it fell to
the ground?

A. Yes.

Q. What happened to it?

A. It fell into the street by the curb.

Q. After you and your partner were able to put his right hand into the handcuffs, did you
ever -- were you able to put his left hand into the handcuffs?

A. Yes.

Q. Did you see if he had anything in left hand?

A. Yes.

Q. What did he have in left hand?

A. A cellular phone.

Q. Did you see him doing anything with the cellular phone?

A. He was attempting to dial a number.

Q. This was after his right hand was placed into handcuffs?

A. Yes.

Q. Were you able to put both hands in


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handcuffs?

A. Yes.

Q. What happened to the cell phone?

A. It fell to the ground also.

Q. And during the course on the sidewalk when you are actually placing him under arrest,
did you see where the other two individuals, the Zizic's were?

A. I saw where one of the Zizic's were, yes.

Q. Which one did you see?

A. Barbara Zizic.

Q. Did you see what she was doing?

A. Yes.

Q. What was she doing?

A. She was pulling Officer Floria's arm and hair.

Q. Did you know -- did you hear if she was saying anything?

A. Let him go. YOU are not the police.

MS. AIMEN: Objection, Judge.

THE COURT: Overruled.

BY MS. KING:

Q. Yes or no, did YOU hear if she was saying anything?

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A. Yes.

Q. Can YOU describe in what manner she was talking?

A. A high toned, very angry.

Q. Once the defendant was arrested, did he say anything?

A. No.

Q. Did the defendant ever refer -- after you had him in handcuffs, what's the next
thing that you did?

A. I began searching for the camera.

Q. What made you search for the camera?

A. He was implying that he wanted his camera.

Q. Where was the first place that your looked for the camera?

A. Right on the street by the curbside.

Q. Did you find it there?

A. No.

Q. Did you ever find the camera?

A. Yes.

Q. Where did you locate the camera?

A. Mr. Zizic had it in his hands.

Q. Can you describe how Mr. Zizic was holding the camera?

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A. He was holding the camera clinched to him on the right side of his body.

Q. How far was Mr. Zizic from you when YOU first saw him with the camera?

A. Oh, 20 feet maybe.

Q. Can you indicate somewhere in the courtroom about how far away?

A. From where I am sitting to maybe the third or fourth pew.

MS. KING: Your Honor, indicating for the record about 20 feet.

THE COURT: Fine.

BY MS. KING:

Q. After you saw that Mr. Zizic was holding the camera, did you approach him?

A. Yes, I did.

Q. What did you do when you approached Mr. Zizic for the camera?

A. I explained to him that that was prisoner's property and that the prisoner wanted
his property with him.

Q. Did he give you the camera?

A. No.

Q. Did YOU ever receive the camera?

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A. Yes.

Q. How did you get the camera?

A. I grabbed the camera by the handle and started struggling with him and finally just
pulled it away from him.

Q. Now, I am going to back up to when you first saw these individuals and when you first saw the defendant, Mark Bunker, with the camera. Can you describe that camera for the jury?

A. As far as I can remember, it was a larger size camera with a big lens in front of it.

Q. Did you notice in particular any lights or anything on the camera?

A. No.

Q. Did the camera have any big spotlight in order to record things?

A. To be honest with you, I don't recall.

Q. When you saw Mr. Zizic with the camera for the first time, did you notice any lights or
anything on the camera?

A. No.

Q. When you took the camera from Mr. Zizic, approximately how long did you have the camera in your possession?


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A. 30 to 40 seconds, if tops.

Q. And what did you -- at that time, did you notice anything about the camera as far as lights
or anything about the camera?

A. No.

Q. What did you do with the camera after you retrieved it?

A. I handed it to my sergeant that was on the scene.

Q. What's your sergeant's name?

A. Sergeant Schloss.

Q. Can you state her full name?

A. Allison Schloss.

Q. And after you handed it to Allison Schloss, you said that you had it for about
30 seconds?

A. Yes.

Q. Did you see what she did with the camera?

A. Yes.

Q. What did she do with the camera?

A. She went to the squad car to where Mr. Bunker was in custody and she placed it in the
trunk of the car.

Q. Do you know whose squad car that was?

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A. Yes.

Q. Whose squad car was that?

A. Officer Katie Cuddy.

Q. Officer, are you a member of the Church of
Scientology?

A. No.

Q. Do you have any family members or close friends that are members of the Church of
Scientology?

A. No.

Q. Have you ever worked for the Church of Scientology before the date of January 25th, the
year 2000?

A. No.

Q. Have you ever worked for them after that date?

A. Yes.

Q. When did you work for them?

A. The day after.

Q. About how long did you work for them on January 26th?

A. Yes.

Q. About how long did you work for them then?

A. Approximately, an hour and a half to two


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hours tops.

Q. How many checks have you received from the Church of Scientology?

A. Two.

Q. Have you worked for them since January 26th, the year 2000?

A. Absolutely not.

Q. Have they asked to you work for them since January 26th, the year 2000?

A. On many occasions.

Q. Have you agreed to work for them?

A. Absolutely not.

MS. KING: Just a second, Your Honor.

THE COURT: Okay.

BY MS. KING.

Q. We are going to go back to where you were searching for the camera?

A. Okay.

Q. Can you describe the scene at that time about how many people were there?

A. I would say there were 40 to 50 people there.

Q. How long did it take you to locate the
camera?


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A. About six or seven minutes.

Q. And these 40 or 50 people there at the scene, can you describe where they were located
in relation to where you were and Mr. Zizic or Dr. Zizic was?

A. I am sorry, could you repeat the question.

Q. Can you describe where the 40 or 50 people were standing and how the scene looked for the jury?

A. Yeah. They were pretty much standing all around us in like a semicircle.

Q. Okay. And did -- was there any people in between you and where Mr. Zizic was standing?

A. No.

Q. Where exactly were you in relation to where the church is when you first saw Mr. Zizic?

A. I was directly in front of the church by the curbside when we just apprehended Mr. Bunker.

Q. Okay. And then, where exactly was Mr. Zizic standing?

A. He was north of -- no. He was south of me in the second entrance of the Church of
Scientology.

Q. So you are describing two entrances to the

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Church of Scientology?

A. Right.

Q. At what entrance would you say that you saw Mark Bunker in?

A. The north entrance.

Q. Where did you see Mr. Zizic standing with the camera?

A. By the south entrance.

Q. And again, you related that's about 20 feet?

A. Yes.

MS. KING: Just a second, Your Honor.

THE COURT: Okay.

MS. KING: Nothing further, Your Honor, at this time.

THE COURT: Any questions?

CROSS EXAMINATION
BY MS. AIMEN:

Q. Good afternoon, officer.

A. How are you?

Q. Okay. Yourself?

A. Good.

Q. Officer, you have been a Chicago police officer for about five and a half years
when this


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event took place?

A. Correct.

Q. And have you and Officer Floria been partners all of those years?

A. No. We work on the same gang team together.

Q. This wasn't a gang incident at the Church of Scientology, was it, officer?

A. No.

Q. You are not saying that Mr. Bunker is a member of any gang, are you?

MS. WRONKIEWICZ: Objection.

THE COURT: You may answer.

THE WITNESS: Whether he is or not, I have no idea.

BY MS. AIMEN:

Q. Did you run a background check on him after you arrested him?

A. No.

Q. You were hired by the Church of Scientology on the night of January 25th, is that
correct?

A. That's correct.

Q. And you were hired to work security for

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them, is that right?

A. That's correct.

Q. You were paid for your work there?

A. Yes.

Q. You were paid after the evening was over?

A. Yes.

Q. You were paid with two pay checks for that night, is that correct?

A. No. That's not correct.

Q. I am going to show you what's been marked as Defendant's Group Exhibit No. 4 and ask
you to look at the two page document and tell me how many checks are made out to you?

A. Two.

Q. And both of those were for the evening of your work at the Church of Scientology on the
25th, is that correct?

A. No.

Q. Which check was for your work the night of January 25th?

A. The one that's dated the 25th of January, 2000.

Q. How much were you paid for that night?

A. $125.


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Q . Is that the same amount that your partner was paid?

A. Yes.

Q. When you went to work there that night, you weren't in uniform, correct?

A. That's correct.

Q. You were in plain clothes?

A. Correct.

Q . And dressed the way you are now?

A. No.

Q. You didn't have a tie on, did you?

A. No.

Q . Didn't have a white shirt on either, did you?

A. No.

Q . You weren't wearing any piece of clothing that identified you as a member of the
Church of Scientology?

A. Was I wearing?

Q . You were not wearing anything that said Church of Scientology on it?

A. No.

Q. You didn't have any article of clothing on you that said security, Church of Scientology?

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A. No.

Q. When you got to the door -- when you say Mr. Bunker arrived at the door -- well, let me
first ask you, I am going to show you what's been marked as Defendant's No. 6 for identification
and ask you if you recognize this entrance?

A. Yes.

Q. Is this the entrance way behind the door where you were standing?

A. Yes.

Q. And this address is 3011 Lincoln, is that correct?

A. Yes.

Q. You and your partner were standing behind this door initially?

A. Correct.

Q. And how long, officer, had you been standing behind that door that night?

A. From the time we got there, to the time that Mr. Bunker and the Zizic's arrived.

Q. How long would that be?

A. Anywhere between 5:30 and 7:30, about two hours approximately.

Q. You stood behind that door for two and a


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half hours?

A. Yes.

Q. You had been told that there were going to be two people arriving that you were going to
let through the door, isn't that correct?

A. That's correct.

Q. You were told that they were Dr. William Zizic, is that correct?

A. Yes.

Q. And Dr. Barbara Zizic?

A. Correct.

Q. Were you also told that a third person might be with them, correct?

A. Correct.

Q. And that third person was usually known to carry a camera, isn't that right?

A. That's right.

Q. He was known as a cameraman, correct?

A. If you want to refer to him as that, yes.

Q. I am going to show you a camera?

A. Okay.

Q. Can you tell me what the brand of this camera is?

A. Sony.

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Q. Does this look like the camera that Mr. Bunker had in his hand that night?

A. Something similar to that, yeah.

Q. You were the person who recovered this camera ultimately, is that correct?

A. Right.

Q. And it's a fairly heavy camera, correct. I would like you to pick it up and tell me
if it weighs about the same?

A. I can't tell you if it was the same amount that same night.

Q. Is it generally the same size of the camera?

A. Yes.

Q. That you recovered that night?

A. Yes.

Q. At one point, you testified on direct that Mr. Bunker had this up as if he were filming
through it at the door?

MS. KING: Objection, Your Honor. That wasn't his testimony.

THE COURT: Sustained.

BY MS. AIMEN:

Q. Mr. Bunker had this camera raised when you


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came into contact with him the first time?

A. No.

Q. At some point during your contact with him, is it fair to say that he had the camera in
the filming position?

A. Yes.

Q. And the people at Scientology told you that they didn't want any pictures of their church,
didn't they?

A. I don't recall that conversation. They just stated that they didn't want Mark Bunker
inside of the Church of Scientology.

Q. When you got to the Church of Scientology, were there any signs in the windows that said, Mark Bunker stay out?

A. No.

Q. Were there my signs that said, notice, some people not wanted?

A. No.

Q. Were there any signs that indicated to Mark Bunker not to come into that facility, signs,
officer?