city court transcript 17 jan 2001

IN THE CITY OF KNOXVILLE MUNICIPAL CORPORATION COURT FOR KNOXVILLE, TENNESSEE

JOHN D. LEE II,

       Defendant, Appellant.                                               No.
                                                                                       "Appeal" Hearing
versus                                                                              re "Parking Citation"

RICHARD GRAHAM, and
CITY OF KNOXVILLE MUNICIPAL
CORPORATION

      Complainants, Appellees,

EX PARTE PRETRIAL HEARING TRANSCRIPT CHANGE OF CAUSE OF ACTION RE "PARKING CITATION" FROM "PARKING IN ALLEY" TO "PARKING IN FIRE LANE"

PROCEEDINGS
BY JUDGE JOHN ROSSEN
AND HOSTILE WITNESS, BAILIFF WAYNE BELL
WITNESS NOT UNDER OATH RE HEARSAY TESTIMONY

THE JUDGE: [unintelligible]
THE WITNESS: [unintelligible]

BENCH TRIAL TRANSCRIPT CAUSE OF ACTION CHANGED RE "PARKING CITATION" FROM "PARKING IN ALLEY" TO "PARKING IN FIRE LANE"

PROCEEDINGS
BY JUDGE JOHN ROSSEN
AND HOSTILE WITNESS, BAILIFF WAYNE BELL
WITNESS NOT UNDER OATH RE HEARSAY TESTIMONY

THE JUDGE: [unintelligible]
MR. LEE: Yes, your Honor.
THE JUDGE: That you were in violation of "parking in a fire lane".
MR. LEE: Yes, that's what I have here.
THE WITNESS: …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".
THE JUDGE: Ah, so the city is maintaining that it is a "fire lane" violation.
THE WITNESS: That's correct.
THE JUDGE: [Unintelligible]
MR. LEE: Okay, I wasn't aware of that, but okay.
THE JUDGE: Is that okay with you?
MR. LEE: No, but I object to that.
THE JUDGE: [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?
MR. LEE: I'm not aware that Sgt. Bell actually drove through there with his own video tape?
THE JUDGE: That's obviously a matter of fact…[unintelligible]
MR. LEE: Is there a video tape of that?
THE WITNESS: There is.
MR. LEE: Of a recent drive through?
THE WITNESS: There is.
MR. LEE: Okay.
THE JUDGE: We're here on trial on appeal of a parking violation of a "fire lane". Is that what we're here on? [unintelligible]
MR. LEE: Yes, Your Honor.
SB/JR: [unintelligible--discussion about watching the video of alley]
MR. LEE: First, I request exclusion of all witnesses from the courtroom until called to testify.
THE JUDGE: Somebody has got to be here for the prosecution for the city [unintelligible-- Judge asks witnesses to leave]
MR. LEE: Thank you.
THE WITNESS: [Unintelligible]
THE JUDGE: How many witnesses do you have?
MR. LEE: I've subpoenaed 5 witnesses.
THE JUDGE: Are they here?
MR. LEE: I do not know? We have Officer Graham, Sgt Bell, …
THE JUDGE: Is Officer Graham here?
THE WITNESS: Yes, sir.
MR. LEE: And Officer …
THE JUDGE: And Officer Flores.
MR. LEE: And Officer Flores was asked to bring a video tape from a …
THE JUDGE: [Unintelligible – Judge Rossen is having a discussion with Sgt Bell]
MR. LEE: And Michael Martin. Yes.
THE JUDGE: Are these your subpoenas?
MR. LEE: Yes, I issued those.
THE JUDGE: Do you want to proceed without Officer Flores' [video tape] and Lt. Bob Wooldridge?
MR. LEE: If I can not waive my right to a continuance later at the conclusion of presentation of Evidence.
THE JUDGE: Well, at the completion of the case I'm going to make a ruling.
MR. LEE: So that's going to be today--you're not going to listen to part of the evidence then rule?
THE JUDGE: Well, Is that what you're asking me to do here?
MR. LEE: I need Bob Wooldridge…
THE JUDGE: To give partial testimony here today and then not make a ruling and then continue until Mr. Wooldridge can come in?
MR. LEE: I can agree to that.
THE JUDGE: I mean if you want me to do it that way, I can do it that way?
MR. LEE: He's an [important witness]…Yes, Sir.
THE JUDGE: You don't think these officers can testify to what he would testify to?
MR. LEE: Absolutely not.
THE JUDGE: He's got something different to say?
MR. LEE: Yes.
THE JUDGE: 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]
MR. LEE: All right.
THE JUDGE: Who does his schedule?
THE WITNESS: [Unintelligible]
MR. LEE: 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?
MR. FLORES: No.
MR. LEE: You did not bring it? Any particular reason why you did not bring it?
MR. FLORES: [Unintelligible]
MR. LEE: Subpoena was issued prior to 7 days before the …
THE JUDGE: It was issued on Jan the 12th. That's 5 days …
MR. LEE: I might need to question the [City Court] administrator [Michael Martin] about that.
THE JUDGE: 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?
MR. LEE: Possibly not.
THE JUDGE: Let me tell you what I don't want to do.
MR. LEE: Okay.
THE JUDGE: I don't wanna hear all the proof I'm supposed to hear and then make a ruling and then you say "Oh, wait a minute I want you to hear something else."
MR. LEE: What I have is a …
THE JUDGE: I want to hear the whole thing. I want to make one ruling at the end.
MR. LEE: Perhaps I can get Officer Flores to stipulate to the transcript of what was on the tape?
THE JUDGE: Well, why don't you ask him about that and I'm going to take about a 5 minute recess.

[RECESS]

COURT-ORDERED CONFERENCE

WITNESS RYAN FLORES
RE STIPULATION OF FACTS

EXAMINATION
BY JOHN LEE

MR. LEE: 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]
MR. LEE: I've shown this to you before. How are you doing by the way?
THE WITNESS: Pretty good, How about you?
MR. LEE: 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.
THE WITNESS: Yes, Sir.
MR. LEE: What I've got here is a transcript, and I asked you about this, too. and then talked to your commander, I believe, Bob Wooldridge.

[John Lee reading from transcript]

MR. LEE: [E-911] Dispatch 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?"
You said,
"10-4 Dispatch. He said he didn't call."
Dispatch:
"Well, could you go back there and talk to him? GOLF FOXTROT."
Then change of frequency, Car-To-Car. I think you talked to your supervisor in car 30. Is that Sgt?.. Who would that be?
THE WITNESS: On that night I don't know. I don't know who was in car 30?
MR. LEE: Female.
THE WITNESS: It might've been , I'm not sure, excuse me, Sgt Williams.
MR. LEE: Sgt. Williams, I don't think I've met 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."
THE WITNESS: Yeah.
MR. LEE: 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?
THE WITNESS: That I couldn't tell you.
MR. LEE: 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?
THE WITNESS: No, Sir. I towed it.
MR. LEE: Right. So that's just basically what I'm going to ask you about 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?
THE WITNESS: We'll wait.
MR. LEE: This is from the 911 (audio) tape. I actually have that tape with me.
THE WITNESS: Okay.
MR. LEE: So are you willing to stipulate this as it is on the 911 tape that I have with me?
THE WITNESS: I'd have to get my own copy of the tape or listen to a tape, I …
MR. LEE: Okay, so you do need to listen to the tape?
THE WITNESS: Yeah.
MR. LEE: Do you want to do that now?
THE WITNESS: No, wait until the judge gets back.
MR. LEE: Okay.

[RECESS END]
SWEARING OF ALL WITNESSES
JOHN LEE, RICHARD GRAHAM, RYAN FLORES, WAYNE BELL, MIKE MARTIN

ROBERT WOOLDRIDGE: NOT PRESENT

WAYNE BELL REFUSES TO SPEAK OATH

BY JUDGE ROSSEN

MR. LEE: I'm ready for Officer Graham right now. We don't [unintelligible]. If you want someone to work it [VCR] while I talk to Officer Graham that's okay.
THE JUDGE: [Unintelligible- Judge wants to see the video]
MR. LEE: We can wait and watch it when Sgt. Bell comes up to speak.
[Unintelligible-Sgt. Bell has a conversation with Judge Rossen]
THE JUDGE: [Swears in all witnesses]
OF: Yes, Sir.

SEQUESTRATION OF WITNESSES

THE JUDGE: The rule would ask for everybody except the prosecuting officer leave the courtroom now.
MR. LEE: I guess it's Officer Graham.

RECALL AND RE-SWEARING
OF HOSTILE WITNESS WAYNE BELL

MR. LEE: Also is it a problem that Sgt. Bell did not swear an oath verbally that I did not hear?
THE JUDGE: I'm sorry?
MR. LEE: I did not hear Sgt Bell swear the oath for affirmation that he would tell the truth.
THE JUDGE: I thought he…
MR. LEE: I did not hear him.
THE JUDGE: Well, bring him back out.
MR. LEE: I don't know that you know him that well that that doesn't matter.
THE JUDGE: Have him come back out.
MR. LEE: I'm sure he would have told the truth.
THE JUDGE: Well, do you want me to re-swear or not?
MR. LEE: I would like you to re-swear, yes.
THE JUDGE: I need to re-swear you.
THE WITNESS: Yes, sir.
THE JUDGE: [Re-swearing of Sgt Bell, All other witnesses also voluntarily retake oath.]
THE WITNESS: Your Honor, I Do! [Answers very loudly, then exits courtroom.]
MR. LEE: I do, too.

RICHARD GRAHAM

Having been first duly sworn by the judge, called on behalf of the plaintiff, was examined and testified as follows:

COMPLAINANT FOR PLAINTIFF
CLOSING ARGUMENT

MR. GRAHAM: Okay, Uh, 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, uh, and there was, I'm not sure how many vehicles were back there but I do remember ticketing probably 2 vehicles, uh, I'd made several passes through the alley, uh, 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, uh, but I do remember ticketing this one.
THE JUDGE: [You may] Cross-examine.
MR. LEE: Yes, Your Honor.

RICHARD GRAHAM

CROSS EXAMINATION
BY JOHN LEE

MR. LEE: Officer Graham, How long have you been employed with KPD?
THE WITNESS: Since August of '98.
MR. LEE: And you are a patrol officer with a patrol car?
THE WITNESS: Uh, yes.
MR. LEE: You don't drive a little electrical truck?
THE WITNESS: No, no.
MR. LEE: So you do write tickets besides parking tickets?
THE WITNESS: Yes.
MR. LEE: What training did you get specifically in writing parking tickets?
THE WITNESS: As far as?
MR. LEE: Presumably [there are] dozens of different violations involved with parking tickets for various things. I think the ticket itself has 8 different codes?
THE WITNESS: Correct.
MR. LEE: So you did receive specific training at KPD?
THE WITNESS: 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.
MR. LEE: Have you read the Knoxville Code? The City Ordinances regarding parking violations? Have you gone into a law library to…
THE WITNESS: No, I have not. Not that I know of.
MR. LEE: Has KPD ever provided you with a copy of the City Parking Ordinances?
THE WITNESS: Yes, they provide us with all the ordinances.
MR. LEE: And you keep that with you at all times now or did you have to give that back?
THE WITNESS: Uh, I have it at home. I do not keep it with me at all times.
MR. LEE: So, if you need to refer to it you can't refer to it because it's back at home?
THE WITNESS: I could refer to it at home.
MR. LEE: 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…
THE WITNESS: Wrong. No, we have laptops, computer laptops, and you are able to access the codes through the computer laptop.
MR. LEE: Is that a distraction when you're driving down the road?
THE WITNESS: [No response]
MR. LEE: Were you issued a copy of all KPD general orders?
THE WITNESS: Yes.
MR. LEE: Are you aware of the KPD general order 3.3 that says regarding towing of vehicles, perhaps if they are blocking a fire lane?
THE WITNESS: Uh, I've probably read over it but I don't recall it right off hand.
THE JUDGE: Are you about through with this ….[Unintelligible]
MR. LEE: 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?
THE WITNESS: Actually, I was on foot. I was walking.
MR. LEE: Okay. Where were you parked?
THE WITNESS: Uh, I was not driving a car.
MR. LEE: You were not driving. You walked from the [KPD] Safety Building downtown?
THE WITNESS: No, I was walking from Market Square Mall.
MR. LEE: So you parked your cruiser at Market Square or you were driven there by another officer?
THE WITNESS: Correct.
MR. LEE: Who was the other officer?
THE WITNESS: I believe it would've been Joe Maze.
MR. LEE: Is he a Sergeant or an…
THE WITNESS: He's an officer.
MR. LEE: So, you're a team that works together downtown ?
THE WITNESS: No.
MR. LEE: Why were you assigned that day?
THE WITNESS: Why was I assigned to what?
MR. LEE:    Ah, with Joe Maze? Or do you just team up?
THE WITNESS: I was just, I was just with him.
MR. LEE:   After roll call or whatever?
THE WITNESS: Yeah.
MR. LEE: So, you do have your own cruiser or you don't have your own cruiser?
THE WITNESS: Yes, I do.
MR. LEE: Okay, so he was…
THE WITNESS: I wasn't in it that day.
MR. LEE:   Okay. That's good you carpool a little 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.
THE WITNESS: On Promenade Alley? Back there?
MR. LEE: That's not the name of it. That's just a nickname.
THE WITNESS: Okay.
MR. LEE: The real name is Fire Street.
THE WITNESS: Have I ever written tickets back there before? Before that date? I'm not real sure?
MR. LEE:   Okay. Any reason why not? Is that a new beat to you or is that…
THE WITNESS: Yes.
MR. LEE: Okay. Were you given any orders that particular day to write tickets in that particular location?
THE WITNESS: No, but we've had several complaints, uh, of parking in downtown in general, so that's what I was assigned to was "parking control".
MR. LEE: Okay. Is there any reason why you were in "parking control" instead of driving your cruiser that day?
THE WITNESS: Um, meaning?
MR. LEE: Does that rotate among all the people in Central Sector or is that…
THE WITNESS: No.
MR. LEE: So, is that a punishment or? Walking a beat is typically a punishment from what I hear?
THE WITNESS: No. [Unintelligible]
MR. LEE: I mean I wish more officers would walk beats. It's good exercise I guess.
THE WITNESS: It is.
MR. LEE: Okay. So you wrote the ticket for "parking in a fire lane". Why did you not write a parking ticket for "no parking in an alley"?
THE WITNESS: Because there is signs posted [sic] for the "fire lane".
MR. LEE: How wide is that street?
THE WITNESS: I don't know right off hand. I didn't measure it.
MR. LEE: You did not measure it?
THE WITNESS: No.
MR. LEE: 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"?
THE WITNESS: No, not right off hand.
MR. LEE: 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?
THE WITNESS: I've read it but I'm not going to be able to recall every city code there is.
MR. LEE: Okay, Okay, 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?
THE WITNESS: Nope. I saw the parking, the "fire lane" sign so …
MR. LEE: Did you see the sign saying "Do not block alley?".
THE WITNESS: Uh, I believe that there are signs there that say "do not block alley".
MR. LEE: Then why would those signs be there if the "fire lane" signs are already there?
THE WITNESS: 'Cause those signs are there in case fire trucks have to come through that alley or any emergency vehicle for that fact.
MR. LEE: And my car, you stated was not blocking that alley?
THE WITNESS: 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!
MR. LEE: 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?
THE WITNESS: I think I do recall that?
MR. LEE: Why did you not write a ticket for that?
THE WITNESS: Uh, 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.
MR. LEE: What's the name of the permit?
THE WITNESS: I have no idea?
MR. LEE: Why would anyone issue a parking permit for parking in a "fire lane"?
THE WITNESS: I have no idea?
MR. LEE: Is there any particular number of tickets you are required to write in one day?
THE WITNESS: No.
MR. LEE:   I believe that's all the questions I have for you Officer Graham.
MR. LEE: Officer Flores, I need Officer Flores to come in please.
THE WITNESS: Am I needed at all, anymore, Your Honor?
THE JUDGE: No.
THE WITNESS: Thank you, Sir.
MR. LEE: I need to speak with Officer Flores next, please.

RYAN FLORES

Having been first duly sworn by the judge, called on behalf of the defendant, was examined and testified as follows:

DIRECT EXAMINATION
BY JOHN LEE

THE JUDGE: Ask Officer Flores to come in.
MR. LEE: Okay.
THE WITNESS: Go ahead. Which part are we…
THE JUDGE: [Unintelligible]
MR. LEE: Officer Graham is prosecuting the case and he did not call you as a witness so now I'm calling you as a witness.
THE JUDGE: [Unintelligible]
MR. LEE: Are you…
MR. BELL: [Unintelligible, conversation with Judge Rossen]
MR. LEE: Defense, defense witnesses.
[There was a brief discussion between Judge Rossen, Officer Graham, Officer Flores, and Sgt Bell]
MR. LEE: So do you rest your case?
MR. GRAHAM: Yes.
THE JUDGE: [Unintelligible]
MR. LEE: Okay, so I'm on direct examination. Are you "off-duty" right now or "on-duty"?
THE WITNESS: "On-duty".
MR. LEE: Okay, and you're an Officer in Central Sector which is the downtown area we're discussing?
THE WITNESS: Uh, Central Sector?
MR. LEE: Okay.
THE WITNESS: Yeah.
MR. LEE: So you're no longer [Unintelligible]. Okay. Do you recall writing, are you familiar with Fire Street, which is where the case involves today?
THE WITNESS: "Promenade Alley"?
MR. LEE: Do you recall writing a "parking ticket" to a Honda Accord in that alley or street on Jan 15th of 2000?
THE WITNESS: [Unintelligible] No.
MR. LEE: Why did you not write a citation if the car was committing a violation?
THE WITNESS: "Officer's discretion".
MR. LEE: 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 Tennessee Constitution, the City Ordinance, KPD regulation…
THE WITNESS: Uh?
MR. LEE: Do you believe it's "officer discretion" to disobey the law?
THE WITNESS: Disobey the law?
MR. LEE: Yes.
THE WITNESS: Uh…
MR. LEE: So your "discretion" was in error, is what you're saying?
THE WITNESS: Yes, Sir.
MR. LEE: Okay.
THE JUDGE: Okay. What are you saying he did now?
MR. LEE: 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.
THE JUDGE: [Unintelligible] That's another story…
MR. LEE: Yes, Sir. Yes, Sir.
THE JUDGE: In the "Promenade Alley"? [Unintelligible]
MR. LEE: 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…
THE WITNESS: Your Honor, I haven't agreed that it was me on the tape I have yet to hear the tape.
MR. LEE: I have a printout of E911 that shows the names of the individuals and car numbers and I do…
THE JUDGE: This is your car we're talking about…
MR. LEE: And a second car. That car is still in limbo. It's been 12 months [impounded] and the reason it's important to write a parking citation, if there is, in fact, 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. So I was asking is that the "discretion" of the officer to deny any citizen due process in the court, or notice of, [my] vehicle was listed as stolen for 4 months without a due process hearing. There was no notice, no way to appeal...
THE JUDGE: Actually that's not why …
MR. LEE: No, it's not. I'm just giving a little history to keep it from being boring.
THE JUDGE: What is the point you want this officer to make?
MR. LEE: What we can do, Your Honor, is play this Emergency 911 tape just to let you listen. If you'd like the E911 printout…
THE JUDGE: [Unintelligible]
MR. LEE: Yes, by Jack Price.
THE JUDGE: [Unintelligible]
MR. LEE: 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…
THE JUDGE: How long is it?
MR. LEE: 30 seconds.
THE JUDGE: Judge agree's to listen to listen to the E911 tape.

[The tape is played.]

THE WITNESS: 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.
THE JUDGE: [Unintelligible]
THE WITNESS: Sweeper truck, complaint was a service call [Unintelligible].
THE JUDGE: You were there, right?
THE WITNESS: Sir.
THE JUDGE: Was it blocking something? Could you see if the truck was blocking something?
THE WITNESS: The car was parked on the side of the alley. The service department had to get in there and sweep.
THE JUDGE: You're telling me that the truck was being blocked?
THE WITNESS: Service department from doing their duties.
THE JUDGE: This does not apply to this situation. [Unintelligible]
THE WITNESS: No, he's referring to Jan 2000 when I towed his vehicle from the alley…
[Judge Rossen and Officer Flores have a private discussion]
MR. LEE: Okay. 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 word "blocking" be important? In your first judgement on that?
THE WITNESS: I don't understand what you're asking?
MR. LEE: Okay. You went there first according to the transcript and the vehicle was there, and you responded to a call there. In your judgment, 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?
THE WITNESS: No. The deal was, for one. I didn't have a "complaint". The person that called was not 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…
MR. LEE: 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.
THE JUDGE: Let me say this. The issue here today is about this parking ticket…[Unintelligible]
MR. LEE: The relevance I was trying to make, Officer Flores would not answer that particular question, but the relevance to "blocking" is there's a city ordinance that responds to this particular situation.
THE JUDGE: [Unintelligible] This case does not involve towing of a vehicle. The issue before me is whether this ticket was properly issued.
MR. LEE: There are signs in the alley that you'll see on video that show, "Do not block alley". The reason I wanted Bob Wooldridge to speak is I believe he is the individual who had those signs installed [by] traffic engineering. The street is wide enough for 2 lanes in the area where I was parked.
THE JUDGE: [Unintelligible]
MR. LEE: Yes, Sir. And I…
THE JUDGE: [Unintelligible]

MOTION FOR CONTINUANCE
ABSENCE OF HOSTILE WITNESS
ROBERT WOOLDRIDGE SUBPOENAED BY DEFENDANT

MR. LEE: 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 [bring]. I'm willing to stipulate to the 911 tape but if you would like to see the video tape which would far more reveal this thought process as to why that was not a violation of a parking [statute].
THE JUDGE: Why don't you make an offer of proof…[Unintelligible]
MR. LEE: I don't know what that means, Your Honor?
THE JUDGE: Why don't you state what you hope to show by…[Unintelligible]
MR. LEE: I'm just curious why Officer Flores originally felt there was no parking violation but Officer Graham did, and Sgt Bell did, too.
THE JUDGE: [It's okay if one officer] felt somebody violated the law and another officer felt they did not violate the law.
MR. LEE: I understand.
THE JUDGE: [Unintelligible]
MR. LEE: Yes, Your Honor. I believe I'm finished with Officer Flores.

WAYNE BELL

Having been first duly sworn by the judge, called on behalf of the defendant, was examined and testified as follows:

DIRECT EXAMINATION
BY JOHN LEE

MR. LEE: I'd like to call Sgt Bell.
THE JUDGE: [wants to see video tape]
MR. LEE: I do not know when he took the video tape?
THE JUDGE: [Unintelligible]
MR. LEE: Not that I could see, Your Honor.
THE JUDGE: The video represents?
MR. LEE: I won't say that until I've seen it but unless they've put something up and taken it down…
THE JUDGE: Sgt Bell, step up.
MR. LEE: First, would you like to show us your video tape?
THE WITNESS: I don't have a video tape.
MR. LEE: I mean who has the video tape? Who took the video tape that we were…
THE WITNESS: The officer, who, one of the officers who, that made it through there, would be glad to show it to you.
MR. LEE: Yeah.
THE WITNESS: Um.
THE JUDGE: [Unintelligible]
MR. LEE: Do you know the date of this tape?
THE WITNESS: Yes.
MR. LEE: What was the date this tape was made?
THE WITNESS: Today.
MR. LEE: Oh.
THE JUDGE: Jan 17th [2001]. It looks like… [Conversation with Sgt Bell. Officer Flores operates VCR and identifies videotape and enters videotape into evidence]
THE WITNESS: You can turn right but you can't turn left.
MR. LEE: It's 2 lane if you go past State…
THE JUDGE: [Unintelligible]
MR. LEE: Before you get to State Street, you turn left, then there's Fire Street.
THE JUDGE: [Unintelligible]
MR. LEE: 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…
THE WITNESS: That truck has special authority. Your Honor, to park there. They're doing some remodeling work up there.
MR. LEE: As you can see where I would've been parked…
THE JUDGE: Would you back that up a minute.
THE WITNESS: It'll show it again here, Your Honor.
THE JUDGE: On the left side?
MR. LEE: 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.
THE JUDGE: Permit?
MR. LEE: Parking permit.
THE JUDGE: [Unintelligible]
MR. LEE: Yes.
THE JUDGE: Is that the 2nd sign?
THE WITNESS: 3rd sign, 4th sign coming up.
MR. LEE: Did you make another pass down there Officer Flores?
MR. FLORES: No.
MR. LEE: Okay. Your Honor, He's going the "wrong way", so he does not see the 2 signs which say, "Do not block alley". But I have photographs of those. [photographs shown to Judge] There's a big parking lot at the end. It's a major thoroughfare 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.
THE JUDGE: Parking permit?
MR. LEE: And we can extend that [time] as needed.
THE JUDGE: [Unintelligible]
THE WITNESS: Does that say what he can park there, Your Honor?
THE JUDGE: I'm sorry?
THE WITNESS: Does it indicate what he can park there?
THE JUDGE: [Unintelligible]
MR. LEE: It would be multiple vehicles actually. And we have one for Gay Street, as well, if you need it.
THE WITNESS: 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 building or what have you, and they do issue those quite often, but not just for general parking. It is for doing the …
MR. LEE: Right.
THE JUDGE: I've never seen one of these? [Mr. Lee identifies and enters exhibit of parking permit]
MR. LEE: 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.
THE JUDGE: Is there an ordinance that you may have that covers this particular…
MR. LEE: I believe I have it here.
THE JUDGE: Was it in the windshield, or?
MR. LEE: No. It was not in the windshield of that truck.
THE WITNESS: No, the officers are generally informed that are on the beat that they have permission to park there, uh.
THE JUDGE: Have you been issued a parking ticket since this date right here?
MR. LEE: No, Your Honor.
THE JUDGE: Jan 2nd?
MR. LEE: I've parked there for 2 years without a ticket.
THE JUDGE: The question is, since Jan 2nd?
MR. LEE: No, Sir, not yet.
THE JUDGE: Have you been towed since Jan the 2nd?
MR. LEE: No, Sir.
THE JUDGE: [unintelligible]
MR. LEE: "Permit, loading", that might be it? No, that's … close enough.
THE JUDGE: [unintelligible]
MR. LEE: 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…
THE JUDGE: [unintelligible]
MR. LEE: Let's see. Sgt. Bell, did you observe my vehicle violating any law on the date of the offense?
THE WITNESS: No, Sir. I didn't.
MR. LEE: And you did walk through that alley?
THE WITNESS: I did not walk through that alley. I drove through the alley and found out that it was not as you had informed me.
MR. LEE: And did you drive through the alley in the correct flow of traffic, or against the flow of traffic?
THE WITNESS: I went the correct flow of traffic.
MR. LEE: So you came from the parking lot…
THE WITNESS: I traveled north to south which is the proper [direction] in any alley in the City of Knoxville.
MR. LEE: Okay. So you did observe the, "Do not block alley " signs there?
THE WITNESS: Yes, Sir.
MR. LEE: Do you have any opinion on the validity of such a sign or whether that sign is immaterial and of no purpose?
THE WITNESS: Uh, the sign is immaterial and of no purpose because it is a city ordinance that you can not park in an alley, period! Secondly, 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". Uh, 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.
MR. LEE: And is "fire lane" a "plural" or "singular" word?
THE WITNESS: "Fire lane" is the entire area through there. The same as it is in front of most all of your shopping centers.
MR. LEE: So if a shopping center has a 6 lanes wide of traffic, it applies to all 6 lanes and not the one lane?
THE WITNESS: I think that's being ridiculous. I don't think you have 6 lanes, that's true.
MR. LEE: That's carrying…
THE WITNESS: There's not but one lane through that alley.
MR. LEE: So if 2 cars meet they can't pass each other--one has to back-up?
THE WITNESS: 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.
MR. LEE: What is the definition of an alley?
THE WITNESS: An alley is a secondary road that is for access to businesses to the rear of the business. For loading and unloading purposes only, generally.
MR. LEE: So how does that apply…
THE WITNESS: And also for garbage pick-up and of that type.
MR. LEE: 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?
THE WITNESS: Nothing says you can't drive through an alley. I don't follow you?
MR. LEE: You said…
THE WITNESS: There is only one access to that, there is only one access to that parking lot you're speaking of, and that is from the other end.
MR. LEE: Summitt Hill?
THE WITNESS: Right.
MR. LEE: But the only way to exit legally is to go down to Union?
THE WITNESS: That's correct.
MR. LEE: 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?
THE WITNESS: It's not a, general, uh, usage area. It's only for, it's a service route, is what it is.
MR. LEE: So the people that are parking there, paying money to park there, are not considered "general public" customers?
THE WITNESS: 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 sitting there.
MR. LEE: Okay, 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.
THE WITNESS: He's prosecuting!
THE JUDGE: By the rules as I understand it is that he is allowed to stay.
MR. LEE: Okay.
THE JUDGE: After he's testified. Rebuttal witnesses.
MR. LEE: Okay. Yes, Your Honor, I am. So in your opinion, Sgt. Bell, you do not agree that a traffic engineer should put up signs, "Do not block alley"? Are you saying he was incorrect in that?
THE WITNESS: No. I'm not saying he's incorrect in that. He has the authority to put up any signs that he wishes.
MR. LEE: Right. He bases that on an "engineering survey"?
THE WITNESS: That's correct.
MR. LEE: I believe that's all the questions I have for you, Sir.

HEARING
RE HOSTILE WITNESS ROBERT WOOLDRIDGE
DISOBEYING DEFENDANT'S SUBPOENA

MR. LEE: 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…
THE JUDGE: What would he say if he was here right now?
MR. LEE: 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.
THE JUDGE: Which is what?
MR. LEE: 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…
THE JUDGE: [unintelligible]
MR. LEE: 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 ["Goldmeir"] 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 Goldmeir said, "no".
THE JUDGE: So, you're complaining about the "Do Not Block Alley" signs…
MR. LEE: No. I agree with the "Do Not Block Alley" signs. I disagree with that the "fire lane" means fire "lanes", and that it takes [up] 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…
THE JUDGE:   [unintelligible]
MR. LEE: 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 stripe" down there. In this case there's no "yellow stripe", so we don't know. All we have is a city ordinance. If there's 10ft clearance, it's okay.
THE JUDGE: All the signs are on the far side?
MR. BELL: All on the far side, but there is only one lane there.
THE JUDGE: How wide is the road?
MR. BELL: It's probably 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. Uh, where they stick out or where some of the piers 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 regularly, and it's not at all unusual for tickets to be issued down there.
THE JUDGE: How does that help you in this case?
MR. LEE: 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?
THE COMPLAINANT: Your Honor.
THE JUDGE: [unintelligible]
MR. LEE: Yes. I'm asking since this is a "misdemeanor" [in municipal code] that it is not, I presume, that this is a "criminal case" and not a "civil" case?
THE JUDGE: "Civil" case.
MR. LEE: It is a "civil" case, not a "criminal" case?
THE JUDGE: "Quasi-criminal".
MR. LEE: Only if it's not paid.
THE JUDGE:   [unintelligible]
MR. LEE: Okay. 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 ["committing the crime"] 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 [to "parking in a fire lane"].
THE JUDGE:   [unintelligible]
MR. LEE: 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?
THE JUDGE: Well… [unintelligible]
MR. LEE: The only reason I ask is…
THE JUDGE: [Discussing arrest procedures]
MR. LEE: 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.
THE JUDGE:   [unintelligible]
MR. LEE: Right, that's my question.
THE JUDGE:   [unintelligible]
MR. LEE: 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.
THE JUDGE: [unintelligible]
MR. LEE: I've got some photographs I'd like you to see before you make that call…
THE JUDGE:   [unintelligible]
MR. LEE: Okay. I do, would like to, before I present my personal..., can I wait until I've finished questioning the witnesses to present these photographs?
THE JUDGE: Yes, yes.
MR. LEE: I'm finished with Sgt. Bell. I'd like to call Mike Martin.
THE JUDGE: 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?
MR. LEE: Okay.
THE JUDGE: As if he was standing here?
MR. LEE: That he would say that it was. He agreed with the, "Do not block alley" [determination] and that it did not apply to the fire, that it was not a "fire lane", it was a "blocking alley" situation?
THE JUDGE: That's exactly true.
MR. LEE: Okay.
MR. BELL: Your Honor. For the Court's 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 where a building had been torn down. It's not a parking garage. It's a parking lot there, is what it is. The, uh, area up there is a part of the old Greyhound bus station area and, uh, vehicles travel the upper part of it's 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 two-way up there. The, actually the alley part starts there where it goes underneath the Promenade.
__________________________________________________________________________
EX PARTE HEARING
RE MR. BELL AND VIDEO TAPE OF MR. FLORES
DURING DIRECT EXAM. OF MR. MARTIN BY MR. LEE

EXAMINATION
BY JUDGE

THE JUDGE: [unintelligible]
MR. BELL: Where is the video tape?
[The Judge and Mr. Bell review Mr. Flores' new video tape of the alley and the Judge asks Mr. Bell questions pertaining to signs in the alley.]
___________________________________________________________________________

MICHAEL MARTIN
MUNICIPAL COURT ADMINISTRATOR

Having been first duly sworn by the judge, called on behalf of the defendant, was examined and testified as follows:

DIRECT EXAMINATION
BY JOHN LEE

MR. LEE: I'm just curious why you originally refused to change Officer Graham's ["citation" to "no parking in alley", per Judge Rossen's original court order]. I presume you recall the case we're discussing or do I need to show you the "parking citation"?
THE WITNESS: Uh, I've seen the "citation".
MR. LEE:    Do you remember why you originally refused to change Officer Graham's alleged "fire lane" citation to Officer Bell's alleged "no parking in alley" citation?
THE WITNESS: We have no authority to change those violations.
MR. LEE:   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?
THE WITNESS: That's right.
MR. LEE:   Is there any particular reason why you originally refused to allow me to get to set          a court date after Sgt. Bell [testified regarding changing the cause of action] or is that just a miscommunication?
THE WITNESS: 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.
MR. LEE:   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?
THE WITNESS: I was unaware of that, that was going on.
MR. LEE:   So that was just a miscommunication? I think they asked someone to go back and straighten it out, to clear it up, and apparently that person got, maybe, diverted?
THE WITNESS: Yeah, I was unaware of it. That the court had set the case for trial.
MR. LEE:   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?
THE WITNESS: Clerks have no authority to do that.
MR. LEE: So if the clerk told me that and if I had a recording of that statement that would not matter to you at all?
THE WITNESS: To the contrary, no.
MR. LEE: In issuing subpoenas, how does that work, as far as, to subpoena a police officer            before this court? Is that an actual subpoena, like in General Sessions Court, or is it a different.... Is it just a letter?
THE WITNESS: The format, as I understand it, is exactly the same.
MR. LEE:   And does it carry weight in law as far as penalty if it is not obeyed?
THE WITNESS: I think that would be up to the judge?
MR. LEE:   Have you all ever prosecuted any civilians for not obeying a subpoena before
this court?
THE WITNESS: Not that I am aware of.
MR. LEE: So if somebody doesn't pay a parking citation, would you then issue a summons or warrant for arrest or…
THE WITNESS: 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.
MR. LEE:   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?
THE WITNESS: No, I don't recall.
MR. LEE:   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?
THE WITNESS: We have methods to try to collect on traffic fines and such.
MR. LEE:   And presumably you do a lot of "traffic citation" processing, therefore, you're
well familiar with this process?
THE WITNESS: Yes.
MR. LEE: I mean you do like 1,000 a day, 1,000 per week, 1,000 per day or…
THE WITNESS: I don't have a number.
MR. LEE:   Don't have any number? That's all the questions I have.

JOHN LEE
CLOSING ARGUMENT

Having been first duly sworn by the judge, was examined and testified as follows:

DIRECT TESTIMONY
BY JOHN LEE

THE JUDGE: [unintelligible, discussing ordinance for "fire lane"]
MR. LEE: That it says, "do not park in alley" or "no parking" zone, "tow away" zone, all the time. I would just like to make that point, and reinforce, that in 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.
THE JUDGE:   [unintelligible]
MR. LEE: 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 does not go all the way to the end of the Summit Hill, unfortunately.
THE JUDGE: Show me. [looking at survey map of downtown]
MR. LEE: It shows the general location. Here's Fire Street and it's 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 [private parking], 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.
THE JUDGE:   [unintelligible]
MR. LEE: I'm going to show you here. This is…
THE JUDGE:   [unintelligible]
MR. LEE: 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…
THE JUDGE: Just show me where you were parked.
MR. LEE: I'm the car right here. The Lee Building. This is our building right here.
THE JUDGE:   [unintelligible]
MR. LEE: 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 against 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 used 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 [parking] 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" [zone]. 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.
THE JUDGE: Show me some pictures.
MR. LEE: It's a little dark but that is the exact spot Denark-Smith parks, that is our building, that is where I was parked.
THE JUDGE: I've seen the video. Is that where …
MR. LEE: These are coming with the correct flow of traffic and the reason there really should be traffic both ways. I know the city ordinance says north and south, but it's a little ambiguous about that.

[Loud beeping coming from the judge's bench. Judge Rossen asks if the audiotape recorder belongs to John Lee, who replied in the negative. John Lee replied it must have belonged to one of the officers who left, since it was a nice one.]

I kind of wish Sgt. Graham was here. Is he still here? Has he gone now? There's a KPD car that's been parked here for 8 hours 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 contractors 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' 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 [to block the entire street]--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 [restaurant] 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 mirrors are folded back. We're the next building this side. I parked 3 feet inside that metal loading dock. 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, with "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 audio tape. That it was not "blocking" the alley and therefore was not a violation.
That shows a [garbage] dumpster [of city contractor BFI] as well as pretty much blocking it. There's been everything parked in that alley from toilets, porta-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 another street with signs that are not there, which would mean, "PARKING ALLOWED IN 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 were illegally parked there. I would have been cited because they would not have to pay the $175.00.
THE JUDGE:   [unintelligible]
MR. LEE: What I have here is a subpoena issued by Michael Martin's department for Officer Flores regarding the decus tecum, 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.
THE JUDGE:   [unintelligible]
MR. LEE:   There will be more to it than what was on E911 because that records every conversation in and out of the car.
THE JUDGE:   [unintelligible]
MR. LEE: It would show that somebody put a lot of pressure on him for him to change his mind and …
THE JUDGE:   [unintelligible]
MR. LEE: Possibly, since he…
THE JUDGE: Assuming all that's true…
MR. LEE: I thought it was for parking?
THE JUDGE:   [unintelligible]
MR. LEE: I've got a copy of the subpoena for Bob Wooldridge that he did not honor today.
THE JUDGE:   [unintelligible]
MR. LEE: And you don't feel the Officer Flores tape would offer anything in this case?
THE JUDGE: No.
MR. LEE: I tried to get that. He was on foot so I did ask if there was any E911 communication…
THE JUDGE:   [unintelligible]
MR. LEE: I did check and he allegedly did not make any E911 calls on tape.
THE JUDGE: Is that it?
MR. LEE:   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 accustomed to following the rules. I rest my case at this point.

MOTION TO DISMISS
FAILURE TO PROSECUTE

MR. LEE: I would like to file a Motion to Dismiss based on "failure to prosecute," under Rules of Civil Procedure.
THE JUDGE:   [unintelligible]
MR. LEE: For failure to state and comply with rules for showing up with the subpoenas. I don't waiver the fact that I issued the subpoenas and Officer Flores did not bring the video tape.
THE JUDGE:   [unintelligible]
MR. LEE: Okay.
THE JUDGE: 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… [unintelligible].
MR. LEE: That depends on how you're going to rule, Your Honor?
THE JUDGE:   [unintelligible]
MR. LEE: Okay.
THE JUDGE:   [unintelligible]
MR. LEE: The only reason I was…
THE JUDGE:   [unintelligible]
MR. LEE: The only reason I was concerned was I was afraid that somebody was giving an unlawful order against what he believed his judgment required.
THE JUDGE: Even if that's true, what does that say about the parking ticket on … [unintelligible]
MR. LEE: It might imply that somebody did the same with Officer Graham.
THE JUDGE:   [unintelligible]
MR. LEE: Yes.
THE JUDGE:   [unintelligible]
MR. LEE: Okay. I understand.
THE JUDGE:   [unintelligible]
MR. LEE: I rest my case.
THE JUDGE: Thank you for your time. You presented your case very well and did very well actually.

ORDER OF JUDGMENT

THE JUDGE: "Guilty" of "Parking in Alley." $25.00 fine. Waiver of court costs as indigent defendant.
[Civil Tort Judgment against Defendant, John Lee, for debt owed to Plaintiff, City of Knoxville Municipal Corporation]

AFFIDAVIT OF JOHN D. LEE II

STATE OF TENNESSEE
COUNTY OF KNOX

Comes the affiant, after being duly sworn, and does depose and say the following: I, John Davis Lee II, am over 18 years of age and make this affidavit in support of the transcript of court hearing in the above listed case based upon my own personal knowledge, upon review of audio tape recordings.

Further affiant sayeth not.

    __________________________
    John D. Lee II
    P. O. Box 683
    Knoxville, TN 37901
    C/o 865-544-0101

STATE OF TENNESSEE

COUNTY OF KNOX

Sworn to and subscribed before me on this ________ day of ________, 2001.

___________________________
Notary Public

My commission expires: ____________________

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and exact copy of this pleading has been served upon counsel for all parties at interest in this case by delivering a true and exact copy of said pleading to the offices of said counsel, or by placing a true and exact copy of said pleading in the United States Mail, addressed to said counsel at her office, with sufficient postage thereon to carry it to its destination.

City of Knoxville Municipal Corporation
Hillary Browning
Department of Law
City County Building
Knoxville, TN

This ______ day of _____________, 2001.

      _________________________
      John D. Lee II
      P. O. Box 683
      Knoxville, TN 37901
      C/o 865-544-0101