Excerpts from the Transcript, a simple read narrated and comprehensive

Gary Narates -- Now lets look through the transcript, the transcript was very hard to read through. This might be a little better and yet it is still quite long. I'm sure the reader will enjoy and with the other documentation that I've provided can corroborate the truth that I'm trying to share.

CAROL ALLSOP, having been dulysworn, was examined and testified as follows:

DIRECT EXAMINATION
BY MR. SWAINSTON:

CAROL ALLSOP - DIRECT
Q. What kind of automobile were you driving?
A. A 2001 Impala.

Q. Okay. And did there come an occasion at that intersection on that date at approximately than time that you came in contact with somebody that you see here in the courtroom today?
A. Yes.

Q. Can you identify that person?
A. Mr. Landis.

Q. Ma’am, what happened on that day that brings you to court today?
A. It was late in the afternoon; and with the rush hour traffic, Mr. Landis was driving a concrete truck with the concrete blocks on it, not the mixer type. He was in front of me at the light.

Q. Was he directly in front of you?
A. Yes, he was directly in front of me.
Q. -- behind him?
A. At the red light.
A. There was a red light and we were stopped at the red light.I was directly behind him.
Q. All right.
A. When the light turned green, he proceeded to make a right-hand turn onto County Line Roadand because of the traffic he could not make his right-hand turn. He stopped and I stopped.

Q. You said it was rush hour traffic?
A. It was busy.
Q. So there was a lot of traffic at that time?
A. Yes, it was busy.

[Narrative by me, let's point this out as a lie, a single car pulls up in front of me and a little while later another car pulls up to the intersection after the car blocking my progress backs up behind the cross line and allows me room to complete my turn. Due to the accident that would result from Mrs. Alsop and her tailgating and abrupt stop I would first check on the people involved and tell the offending motorist to stay put to give his credentials to the police, his actions resulted in the crash behind my truck.]

Q. What happened then when he was trying to make that right-hand turn?
A. Well, the gentleman behind me completely not attached to what happened here at all bumped into my bumper - -

[Narrative again, bumped bumpers? That's all? The car that collided into her car nearly has her left rear tire lifted off of the ground... I'd like to see the estimates for repairs from the insurance companies of both damaged vehicles. Mrs. Allsop couldn't pull forward either because of her surprised stop she was only 6 inches from striking the back of the truck I was driving I couldn't tell if I was involved in the accident or not, I had to go to the back of the vehicle I was driving to make certain.]

Q. Who - -
A. - - which was completely separate.
Q. Who was that?
A. Mr. Dram.

[According to the accident report his name is Tran.]

Q. Okay. Is he here today?
A. Yes, he is here today.

Q. He is the other gentleman?
A. The other gentleman, yes.
Q. Okay.
A. And that was completely - - I got out of my car. I went back to Mr. Dran’s car to make sure was okay. He had a small child with him. Again, separate to what happened.

[She got out of her car to note that Mr. Tran had his daughter with him after I pointed that out to her.]

Q. So just so we are clear - -
A. Yes.
Q. - - what happened between you and Mr. Dram, you are saying that was separate - -
A. Right.
Q. - - from why you are here today?
A. To why I am here today.

[And when you read what the lying detective testified to you'll see that we are there because of the detectives conduct and I was getting railroaded.]

Q. Okay.
A. Mr. Landis, when I had turned back to do that it was just a few seconds was in the intersection.
Q. You were out in your car at this point?
A. Yes, I was out of my car. He was using obscene language with the car that was on the other side of the road to him.

[I was not using obscene language and was offended by the language that was being used by a man that used or made obscene and derogatory comments at me on another occasion, his issue was that the light was green and the man I told to stay at the scene was not moving his car waiting for me to help him park safely as I told him I would do.]

Q. Let’s paint a picture for the Court.
A. Yes.

[I wouldn't mind if the District Attorney was painting a true picture and not creating a work of fantasy!]

Q. Sorry to interrupt you.
A. That’s okay.
Q. Let’s paint a picture for the Court for aminute. Where was the defendant? Was he still in the truck?
A. He was out of his truck standing in the middle of the road.
Q. Okay.
A. Was the light green or red at that point?

MR. HOFFMAN: Objection. Which light?

THE WITNESS: Well, the light at

[I'm sure that the witness said more in the court room, nearly a complete answer to my lawyers objection which I thought quite odd because we all know that an objection called by a lawyer is like calling for a time out...]

THE COURT: Wait a minute.What’s the objection?

[Why doesn't the judge know what the objection is about? What book was the judge reading during the testimony? Reading for pleasure while sitting at the bench should be against the law, you'll especially see why later...]

MR. HOFFMAN: I don’t know which light we are talking about?

THE WITNESS: The trafficlight.

MR. SWAINSTON: The trafficlight - -

THE COURT: At theintersection.

MR. SWAINSTON: - - at theintersection.

THE COURT: Overruled.

[I think the judge just got caught in a compromising situation, and I'm going to pay for it later.]

THE WITNESS: I couldn’t tell you if it was green or red when I turned, because by that time it probably changed several times. The traffic was stopped because his truck was there and he was standing in the middle of the road.

BY MR. SWAINSTON:
Q. Well, let’s establish a time frame then. How much time passed between the time that the defendant went in to the intersection and you observed him out of the truck after you bumped by Mr. Dran?
A. Less than a minute.
Q. Okay. Now, you described the defendant in the intersection. Tell His Honor what you saw the defendant doing?
A. He was speaking obscenely, gesturing obscenely. Road rage was what came to my mind when I was observing this in the middle of the intersection. Traffic was being held up. He was clearly out of control and then - -

Q. Did you talk to him? Did you address him?
A. No, did not talk to him at all.
Q. Why not?
A. He - - actually, I take that back. He did comeup to me and at one point just to make sure thateverybody was okay. Then I backed right off because he was out of control. It was unsafe.

[I immediately checked on the people involved in the accident. I had gone to take care of moving my truck and making sure the cause of the accident the man that crossed the stop line stayed at the scene. She is so mixed up... she felt threatened, after hearing the man in the pickup truck that she couldn't identify because; she had a visual block preventing her from seeing that vehicle, at the time profanities were heard from the pickup truck driver she had already moved her car into a parking lot along side of my truck. She would need to look through the truck I was driving. I was standing where a view of my upper body could be seen over the bed of the truck. The vehicle of the profane individual was blocked by the cab or other components of the truck. About the gestures that she and detective Floyd describe I would love to demonstrate, I pointed at the profane individual, and using the left hand I pointed with my thumb over the left shoulder and then pointing my index finger at the car that crossed the stop line. I made no obscene gestures!]

Officer Floyd, who I did notknow was Officer Floyd at the time, was comingthrough the intersection going straight through,

[Okay, she has by now moved her car into the parking lot and is out of her car and she is seeing detective Floyd arive upon the scene.]

also asked Mr. Landis to please be quiet and to getout of the middle of the intersection

[Uhmmm? I was asked what I was doing in the intersection, later after detective Floyd identifies himself I would be prevented from disclosing my information to him, especially about the fact that the man in the pickup truck that was yelling comments and yelling obscenities had done this on another occasion.]

which he would not do. And then he pulled - - Officer Floyd pulled in front of the truck and got out of his car, showed his badge at which point I was very relieved to see there was actually a police officer in the right place at the right time. I had mycell phone. I was about to call the police and Officer Floyd took care of that and called for other officers.

Q. Now, you mentioned that the defendant was engaging in some conduct you said was obscene. Do you remember specifically anything about that conduct?
A. He was using obscene language. He was waving his arms around.He was just obviously - -

Q. Do you know who if anyone - -
A. Ranting and raving are the words that come to my mind.
Q. Do you know who, if anyone, that was directed towards?
A. Everybody and anybody who was in the intersection at the time.
Q. Was there any traffic coming the other direction?
A. Not while he was standing in the middle of the road. There was traffic to come, but it couldn’t get by until - - because;
A. his truck was trying to get around the corner this way. It was stuck; and if anybody had tried to go through the intersection, they would have risked hitting him.

[Her testimony is flip flopping back and forth from the first event when the accident happened and to later when we had the cars parked in the parking lot. I was specific to tell her to park in the parking lot once I moved the truck so eveybody knew what we were doing.]

Q. Okay. Was any traffic able to get through the intersection while he was in the middle of the intersection?
A. Not until Officer Floyd had him pull his truck clear of the intersection and park it on the side of the road.

[Nope, officer Floyd was not on the scene at that time when I pulled the truck over to the side of the road.]

Q. Okay. Did anything else occur after the officer showed up regarding the defendant, that you recall?
A. Yes, Officer Floyd asked him to be quiet and it took him three times and he finally did say, sir, if you are not quiet, that he would have him arrested; and he finally stopped.

[If I or you had very important information regarding our previous exchange in the street, wouldn't you try to be heard and to give that information to the detective?]

Q. At any time did you see Officer Floyd use any kind of language
A. No.
Q. - - that you described - -
A. None whatsoever.
Q. - - that the defendant used?
A. None whatsoever.
Q. Would you describe the demeanor of Officer Floyd?
A. Very professional, very courteous, very much in command on what was going on. He did what he had to do.
Q. Okay.

MR. SWAINSTON: I have nothing
further.

THE COURT: Cross-examine.

MR. HOFFMAN: Thank you, Sir.

CROSS -EXAMINATION
BY MR. HOFFMAN:
Q. Good afternoon, ma’am?
A. Good afternoon.

Q. As I understand it, there was a fairly large truck trying to make a right-hand turn that was in front of you; is that correct?
A. That’s correct.

Q. And he could not navigate the turn for what reason. Do you know?
A. Because of the size of his vehicle and the traffic that was on the road at the time. It was busy time in the afternoon.

Q. Well, was there something that was preventing his truck - - I mean, why did he not complete the turn? Was there something that prevented it that you were aware of?
A. I did not have a clear view of what prevented him because I was behind him.

Q. All right.
A. The traffic in general - - prevented him from making his right-hand turn.

Q. So as a consequence, you came to a stop and the vehicle behind you did not and it struck you, struck the rear of your vehicle?
A. Correct.

Q. All right. At that point, is that when Mr. Landis got out of his vehicle?
A. I got out of my vehicle and he got out when I turned back he was out of his vehicle, yes.

[She was sitting in her car, I jumped out immediately to make sure no one was hurt, 10 years of firefighting experience, I wasn't just sitting in the cab of the truck, I couldn't.]

Q. Okay. So you don’t know exactly when he got out of the vehicle?
A. The same time I got out would be fair to say.

Q. Okay. And was he walking toward you or away from you? Where was he going when he got out of his vehicle?
A. He was in the intersection. The fact that I got bumped had nothing to do with what we are here for.

[It seems the witness was very well coached... You should read the testimony of Mr. Tran and how he couldn't answer any questions on cross examination becuase he didn't speak english very well. He memorized the right words to say pretty good for the prosecutor.]

Q. Okay. I am not asking about that.
A. Okay.
Q. All I asked you was was he walking away from you or toward - - or back toward where your vehicle was when he got out of his vehicle?
A. He was in the intersection. He was standing in the intersection.
Q. He was standing there?
A. He was in the intersection.
Q. And you said that he was obscene?
A. Yes.
Q. What was he saying? I am - - this Mr. Landis?
A. The exact terminology at this time I could not relate exactly word for word. He was using obscene language. He was - -

[She was so confused this is so sad...]

Q. Well, what language was he using, is what I at trying to get at?
A. Fuck you, God dam, et cetera, et cetera.
Q. And who was he saying that to?
A. There was a car parked - - there was a car in the intersection that he was - - as I said to the District Attorney representative, anybody and everybody who happened to be standing there.

Q. Were there other people standing there?
A. Well, the crowd that draws attention, what have you.
Q. He was yelling
A. He was out of control. He was ranting and raving and just anybody who is in a fit of temper is just going to rant and rave.
Q. And this all happened within less than a minute, is that what you said on direct examination?A. The attorney had asked me how quickly it started happening, yes, within less than a minute.
Q. And there was a crowd that gathered within less than a minute?
A. You know, people standing around, people going home, it is a very busy intersection.
Q. Okay. But I mean, was he angry at you?
A. He was just angry at the situation.

Q. Okay. He didn’t come up to you and ask you if you were okay?
A. Very briefly, yes.
Q. Okay. And he was concerned about the driver of the other car, whether that driver was okay?
A. I would not say so.
Q. Didn’t he ask if everybody was okay, that’s what he was asking you?
A. Yes, I think he said everybody okay.
Q. So he was concerned about that?
A. Yeah.

[See in the beginning and as always I am concerned and I care, I care about the truth and this was so out of context, why would I be obscene and hang around to be a witness to an accident, why would I want to scare this woman? Do you think this woman had something to gain to have me prosecuted?]

Q. And he was ranting and raving and cursing at whom? I seriously don’t understand.
A. To the situation. To everybody else that he was angry because he could not get his truck around. He was angry at the whole situation.
Q. Okay.
A. What had happened with my car and the other gentleman’s car.

Q. I understand, that’s clear. Do you know if he thought perhaps that another vehicle hit his vehicle, also?

MR. SWAINSTON: Objection.

MR. HOFFMAN: Does she know,that’s all I am asking.

THE COURT: All right. Overruled.

THE WITNESS: I don’t know if he did but I certainly - - he was not hit.

Q. Well, so he was not directing any anger or obscenity toward you?
A. Yes, by being there and making you feel afraid to be in a situation.

[Is she telling us that because I exist, I am guilty?]

Q. Officer Floyd came upon the scene. Were ther any other officers on the scene before Officer Floyd came upon the scene?
A. No.

Q. How did Officer - - is it Detective Floyd, I’m sorry?
A. Yes.

Q. I’m sorry. How did Detective Floyd come upon the scene?I mean, in what manner, did he drive upon the scene?
A. Yes.
Q. Okay. Was he in a marked vehicle or unmarked vehicle?
A. An unmarked vehicle.
Q. Was he in uniform or not in uniform?
A. He was dressed the way he is now.

[He was wearing a suit.]

Q. Okay. When he came upon the scene, where did he come from? I mean, what direction, on what road?
A. He was on County Line Road proceeding south.
Q. Okay.
A. I think that goes north, south.
Q. Okay. And is that where Mr. Landis was standing?
A. Yes.

Q. Where did his vehicle come to a stop with reference to where Mr. Landis was standing?
A. In the middle he proceeded into the intersection and then Mr. Landis came up to his car.

Q. When his car came to a stop, that is Detective Floyd’s car came to a stop, how far was it from Mr. Landis?
A. Mr. Landis walked up to his car when Detective Floyd

Q. I appreciate that that’s what you are trying to tell me. I am asking you, though, when Detective Floyd’s car stopped moving, where was Mr. Landis? How far away from it was Mr. Landis?
A. A foot, a couple of feet, maybe more.

Q. All right. That’s what I am asking. When Detective Floyd came up to within a foot or two of Mr. Landis, did he arrive quickly or did he come up very slowly in his vehicle?
A. Cautiously.

Q. Okay. I understand cautiously, meaning he was being careful. But his speed, did he just coast or did he come upon the scene quickly because there was a scene?
A. He had been stopped at the red light and he had proceeded into the intersection.

Q. He proceeded into the intersection?
A. Just up to him. He could not go anywhere else.

Q. Okay. And he came within a foot or two of him?
A. He came up to ask Mr. Landis to please - -
Q. Well, you did not know that until he - - you did not know he was even a police officer, did you, when he came upon the scene?
A. No, not at that time.

Q. Okay. And do you know if Mr. Landis knew he was a police officer when he came upon the scene within a foot or two from him in the vehicle?
A. No, I do not know if he knew that.

MR. HOFFMAN: Thank you, maam. I have nothing further.

[Now let's move to the lying detective's testimony.]

RANDOLPH SCOTT FLOYDDIRECT EXAMINATION
BY MR. SWAINSTON:
Q. Detective Floyd, good afternoon.
A. Good afternoon.

Q. Sir, I am going to ask you a few questions regarding this matter involving this defendant. Were you on duty as a police officer in Telford on the date of April 19, 2001?
A. Yes, I was.

Q. And you were actually a detective; is that correct?
A. Yes, I was. In fact, at that time, I was on my way home from work, but I take my borough car home with me and I am technically on duty until I arrive at home.
Q. Well, in any event, you are a sworn police officer in Telford?
A. Yes, I am.

Q. Did you have your badge with you?
A. I had it with me, yes.
Q. Were you in civilian clothes?
A. I was dressed very similar to what I am today.

Q. As a detective, so you were not in police uniform?
A. No.
Q. Did you have occasion to come in contact with the defendant on that day?
A. Yes.
Q. That was late in the afternoon sometime after 4:30?
A. About twenty of 4:00 or twenty of 5:00.

Q. That was at what intersection?
A. The intersection of Main Street and Reliance Road. Main Street just for some clarification in this case is often referred to as County Line Road because it is the divider between Bucks and Montgomery County. This was in the Montgomery County side.
Q. So it was in Montgomery County?
A. Yes.
Q. Did you have occasion to issue a citation to the defendant?
A. Yes, I did, I filed it.
Q. And what was that citation for, specifically the charge?
A. Disorderly conduct for all four subsections of the violation.
Q. All right. Do you have that citation with you in your case folder?
A. Yes. I believe you have my copy.
Q. All right.
Q. Sir, I will hand you what purports to be the citation for disorderly conduct. I have marked that as Commonwealth’s Exhibit-1. Do you recognize that?
A. Yes. That’s this copy, Xerox copy of my citation I issued to Gary Landis.
Q. All right. And would you describe to the Court, you can read from the citation if there’s no objection, what it is that you cited the defendant for?
A. Okay. In that the defendant did with intent to cause public inconvenience and annoyance and alarm, yell and scream, block traffic and cause a disturbance in a public place, and additionally, a the bottom block traffic Main and Reliance during rush hour, yelled and scream belligerently and continued after warning, children and others in the area, alarmed a number of persons.

Q. Now, you issued that citation as a summary; not a misdemeanor disorderly conduct, correct?A. Yes, that’s correct.
Q. But you said you had warned the defendant. Can you describe to the Court what you did to warn the defendant from this behavior?
A. Yes. I was traveling southbound on Main Street approaching Reliance Road. Our police station is approximately three blocks from that location. I left the police station; and as soon as I left the police station, I observed up in that intersection a very good line of sight that traffic was all backed up and there appeared to be some type of problem at that intersection.

Q. How far away were you?
A. About two or three blocks. As I got closer, it appeared that there may have been a traffic accident. And as I got closer yet, I saw that there was a large orange truck, nice clean truck **[He said Nyce Crete truck]** which I am familiar with the company. It’s a company affiliated with Landis Block Company which is right outside of our town.

[And he was so familiar that he called the owners company Nyce Crete in Lansdale to find out that I drive out of the Souderton yard the detective complain about me with his lies and told my dispatcher in Souderton that I was getting cited. I'll bet the look on my face was priceless, when my dispatcher confronted me with this information.]

Q. Describe that truck and where it was.
A. Initially, when I was further back soon after I pulled cut of the police station that truck was heading east into the intersection from Reliance Road; and then as I approached and arrived on the scene, the truck had pulled right around

[(the corner and was on south Main Street, right on the -- the riqht hand shoulder of the intersection. edited)]

Q. You say right on the intersection -- in the intersection between the two?
A. Just off the intersection, along the street there, but it is a no parking zone and the traffic is very tight there. It was and it worsened the traffic problem. Fortunately, all the traffic in front of me made either right or left-hand turns which enabled me to get up into the intersection. As I was probably a half a block away, I saw Mr. Landis get out of the truck and go down to

Q. You actually saw him exit the vehicle?
A. I saw him get out of the truck. Immediately saw him enter into an argument or a shouting match with a motorist that was parked in the line of traffic at the traffic light.

Q. Heading what direction in relationship to the truck?
A. That would have been opposite heading north on Main Street. The traffic was blocked up. I believe Mr. Dran was pretty accurate when he said there was about ten cars there. I believe the cars were backed up, ten to twelve in length. There was a man

Q. What was blocking those ten cars?
A. At that - - on that side of the road, only the red light. However, there was traffic that was blocked up all around due to the truck being parked where it was. It slowed everything down. The southbound traffic did not get through. Northbound traffic was blocked up. Everybody was slowing down to look at what was going on, and the other traffic was also blocked up.

Q. When you came on the scene then, did you feel the need to ask the defendant to move his truck?
A. Actually, I had to ask the defendant to move himself. He had stepped out into the traffic.

Q. But did you -- did you feel that the truck also needed to be moved?
A. Initially, yes.
Q. Did you express that to the defendant?
A. At some point I believe I did.
Q. But - -A. I am not positive at which point in the incident it was.
Q. But it was done?
A. It was done, yes.

[What a lie, how could I move the truck with the detective's car parked in front of the truck?]

Q. So prior to getting to that point, though, you just stated that you asked the defendant himself to move. Why did you do that?
A. Well, as I mentioned everything, was all blocked up. The traffic was all tied up at the intersection. Mr. Landis was himself blocking traffic standing in the road. Nobody could get through him.

Q. Could you describe what you mean by that? There were vehicles actually getting through intersection?
A. Yes. There is -- going northbound on Main Street it is a straight ahead lane and a left turn lane. He was walking in the left turn lane which kept traffic from being able to pass through if they wanted to make a left-hand turn.
The truck was parked in the southbound side, which is a no parking zone, which only enabled - - well, the northbound traffic would have to move over a little bit in order to let the southbound traffic get passed the truck. He is standing in the intersection - - standing in the roadway, not directly in the intersection, but up further and he is yelling and screaming at a man that was parked in the northbound traffic. They are having a verbal argument. The man was in his car. I was never able to identify that person.
But Mr. Landis is standing in the road at this point facing south, his back towards me, yelling. His arms are in the air, shouting and screaming at this man. He is walking backwards towards where I am coming approaching him.

[Never walk backwards into the unknown! - Firefighter 1]

As I get close to Mr. Landis, he turns around. I am creeping. I am moving very slow. I am getting up as close as I can.

[With in 6 inches, close enough to cause a woman alarm to warn me about his approach from behind!]

At this point, he turns around and he sees my car there, starts yelling and screaming at me saying, you know, what the fuck, are you trying hit me. And he comes up to my driver’s window. As soon as he approached, he is yelling and screaming.
I said to him, you better knock it - - I believe my almost exact words were, if you don’t knock it off right now, you will be arrested.

[And this is supposed to be believable?]

At that point he says, well, you call the fucking cops, because I want the fucking cops here.

[Nope, not my words and not me... Yes, I wanted the police called and I answered yes to his question if I would like him to call the police as he waved his cell phone from his car before he ever identified himself.]

I simply replied, you got one;and I pulled off to the side of the road.

[We have a detective with a bad memory and he is reporting the sequence of events out of order.]

At that point, Mr. Landis - - I pulled up in front of the truck, up on to the sidewalk as close or up to the sidewalk to not block traffic any worse; and as I am walking up, he approaches me a second time. This is about the time that I meet Mr. Dran and Miss Allsop.

[So he testified that he saw me get out of the truck he had me move the truck and he just parked in front of the truck, at what point did I have a chance to move the truck?]

Q. Were you in or out of your vehicle?
A. At this point, I am out.
Q. All right.
A. And Miss Allsop says to me something to the effect - -

MR. HOFFMAN: Objection, YourHonor, hearsay. She was here to testify.

THE COURT: Is that - - I didnot know it is hearsay.

MR. HOFFMAN: I understand.would argue it’s just in any event he is on the scene of an accident.

MR. SWAINSTON: It is not

THE COURT: It is not offeredfor the truth.

[Uhmmm? Hello everybody? If you don't tell the truth in the court of law you are committing the crime of perjury, or so I was taught!]

MR. SWAINSTON: - - offered - -

MR. HOFFMAN: All right.

THE COURT: Of course not. Go ahead.

THE WITNESS: She made a statement something to the effect, boy, I’m glad you’re here. I could see in her face and I could see in Mr. Dran’s they were alarmed. They were upset with what was going on.I could see this is a main intersection, people were stopped, they were looking out of their cars. There’s several residents - - people came out of the residence. It drew - - it was a major disturbance.

BY MR. SWAINSTON:
Q. How did they know that you were a police officer?
A. At that time, around that same time I approached and Mr. Landis approached me again and he said, if you are a cop, I want to see some I.D. There’s profanity mixed in with that at which time I was already pulling my wallet - - my badge wallet out from my pocket and pinning my badge on to my coat which displayed - -

[Remember how I was not permitted to talk? But I was asked as everyone else present was offered to look at the badge the detective was offering to show us.]

Q. Detective, you are an officer you testified before, right?
A. Yes.

[And this detective was reprimanded in another court room in another case for lying to the judge in that case and a written reprimand was put into that case file, I would love to pull that case file and corroborate that fact with the fact that I'm providing because the truth does matter. If it was my child being charged with a crime, I would want to be able to trust the police to tell the truth!]

Q. You said there’s profanity involved in that conversation. Describe for the Court exactly what he said, if you remember?
A. The exact words I cannot tell you, but the word “fuck” was used many times. Dam, fuck, of course, stood out. There was children in the area. I got very firm with him. I told him, I am telling you right now, knock it off, or you are going to be arrested. When I meant being arrested, I meant being taken in to actual physical custody because of his conduct around everybody.
After he realized that I was a police officer, then he did finally settle down and began to vent about the way the traffic patterns are and how difficult it is for him to maneuver truck around the intersection. I simply told him - - I said I lived in that community all of my life. I know how bad the traffic can be, but this is not a time to stand out in the middle of a public place with children and other people using profanity to express your views and that was stated to him.
I told him at the time he was going to be receiving a citation because of his disorderly conduct.

[If that was true, then you should have seen the expression of surprise on my face when my dispatcher told me I was being cited the next day... I started writing, and keeping track of everything that I was doing. I had just become familiar with the internet and was starting to use the computer for a journal, I even created a program for keeping a journal when I first started using a computer. I like writing about my life. If I'm so profane, I'm sure it would be reflected in my writing, when I'm really tired or excited. Nope, not me, it is a fantasy of other people to portray me in this light, a negative and dark light at that.]

Q. So did you not arrest him on the scene then?
A. No. I could have and I believe his conduct certainly went beyond the summary level. I believe it was definitely misdemeanor level, and I could have taken him into custody and removed his truck. We chose not to do that simply to get the intersection cleared and get him moved on.

MR. HOFFMAN: I am going to object to the legal conclusion that the witness isdrawing.

THE COURT: All right.

BY MR. SWAINSTON:
Q. What happened then?
A. All right. At that time, I had my cell phone with me. I contacted our patrol officers who were on duty. I had them respond. I simply told them was at the scene of an accident. There was a disorderly subject and I needed their assistance right away. They came.
They - - at this time, theofficers arrived almost simultaneously. I learned at that time - - that at the same time the officers - - the patrol officers did that Mr. Landis was not even involved in the accident, that it was solely Mr. Dran and Mrs. Allsop and he had no reason to be there. He was in front of the accident. Simply got out of - - his conduct had nothing to do with the accident. He was just upset about other things.

Q. Would you describe any of the conversations that you had with the defendant? Did the subject ever relate to the welfare of the two individuals in the accident?
A. Not to me, no. I know from talking to Mrs. Allsop that he asked about them, but there was nothing indicated in my presence.
Q. How many warnings did you give the defendant to cease this behavior?
A. I warned him at the car initially my first contact with him. I warned him a second time and then I warned him at least a third time to settle down and stop being disruptive.
Q. How many other people on the scene whether it be in the vehicles or outside of the vehicles were there?
A. I would guess there’s 15, conservatively stating that there was 15 to 20 vehicles in the intersection from all directions. It was a warm day. The windows were down. There were people who came out of their houses nearby. The parking lot, which is right at that intersection where we stood, the business -- people were in and out of that business. I did note that there were several young teenagers or even younger children who appeared at the intersection drawn to the yelling and screaming that was going on.In addition to, of course, Mr. Dran and Mrs. Allsop who were already there and Mr. Dran’s young daughter who were present during the whole incident.

Q. Did the defendant eventually cease that behavior that you described?
A. He quieted down. He did not cease the swearing. I would say he was still agitated, but it was more refined and that he slowed down and then I - - after he was calmed down, I actually left and the other officers appeared at the scene. Mr. Landis left with his truck.

Q. So he was sent on his way - -
A. Yes.
Q. - - and received a summons.
A. Yes. And the summons was sent to him by mail.
Q. You brought pictures, I see?

MR. SWAINSTON: May I approach,Your Honor.

THE WITNESS: I had prepared exhibits. We had a leak in our evidence vault which made them unusable.

BY MR. SWAINSTON:
Q. And what do these pictures purport to be?
A. Those Polaroid photographs are simply taken of the intersection where this incident occurred. This is the intersection of Main Street andReliance Road, basically, from all the directions.
Q. Can you pick one of these pictures and pull one out for the Court to get an idea of what the intersection looks like?
A. Probably will depict the best.

MR. SWAINSTON: Can I have thi.smarked as C—2.
(Polaroid Photograph marked asCommonwealth’s Exhibit C-2, for identification.)

MR. SWAINSTON: Your Honor, I don’t believe there’s an objection. I would ask to publish this photo just as a demonstrative aid to the Court. Thank you, Your Honor.

BY MR. SWAINSTON:
Q. Officer, can you describe that photo that the Judge is looking at right now?
A. Yes, that’s this intersection of Main Street and Reliance Road looking from the north to the south down Main Street. To the right, Your Honor, on that photo where the businesses are located is primarily where the incidents took place.
Q. And that photograph depicts a fair and accurate representation - -
A. Yes.
Q. - - of that intersection as it existed on the date in April?
A. Yes, it does.

MR. SWAINSTON: Your Honor, Iwould ask for admission of C-1 and C-2.
I have no further questions ofthis detective.

MR. HOFFMAN: No objection.

THE COURT: They are admitted.(Exhibits C-1 and C-2, received into evidence.)

CROSS - - EXAMINATION

BY MR. HOFFMAN:

Q. Officer, do you know what the defendant was upset about?
A. He was upset about he cannot make the turn for truck.
Q. Why could he not make the turn?
A. I don’t know. I believe he told me that somebody was pulled up beyond the turn mark. I didn’t witness that and I certainly believe what he said. It is a problem that happens at most intersections.
Q. Okay. And he drives a large truck?
A. I would say it’s a large truck. It is not a fifty foot trailer.

[Note the sarcasm?]

Q. I don’t mean eighteen wheeler?
A. Yes.
Q. He drives a significant vehicle?
A. Yes.

[Wow in district court the man called the truck insignificant in size.]

Q. And did he tell you he has this problem and you say you are aware of this problem?
A. Yes.

[So why can't the state of Pennsylvania Department of Transportation mark the intersection so that large trucks which use the intersection often can get through the intersection with out being stopped to wait for people to make enough room for the truck to get through? Why don't the local police enforce the laws that require people to obey posted signs?]

Q. Okay. So who -- and there was an accident caused as a result. Is that your understanding as well?
A. There’s an accident at the same time, whether it had, you know, again, I didn’t witness the accident; but from what I learned from Mrs. Allsop and Mr. Dran, yes, he was making - - trying to make the turn and Mr. Dran drove into the car.

[But he saw the truck move when I moved the truck not that I was asked to move the truck. He observed this from the police station three blocks away with a great field of vision? He didn't see the two cars crashed into each other right behind the truck?]

Q. Okay.
A. Because she had to stop.
Q. Did you observe him at any time angry with Mrs. Alisop or Mr. Dran?
A. No, not at all.
Q. And who he was waving his arms at or whatever, his activity was related to was the vehicle who was up above that strip?
A. No, that’s not what I observed.
Q. All right. What did you observe?
A. I observed him having an argument with a guy who was about seven, eight, ten cars in the back line of traffic.

[Actually three, there was the man that crossed the stop line, the woman that would warn me about the approach of the detective and the man in the pickup truck that was actually yelling obsenities.]

Q. Okay.
A. That had nothing to do with him not being able to get around the turn.
Q. All right. So you don’t know what happened - - you don’t know what that was about?
A. With the argument that I witnessed?
Q. Yes.
A. It was just shouting. The man said to him something - - I heard the man in traffic yell something about moving the truck, you are blocking traffic up. At which time he responded by yelling, shouting back to him.

[I wrote all about this in the outline, and also about the pickup drive yelling as the detective walked by my truck, "That's what you get for doing 50 miles per hour through an intersection!"]

Q. Now, do you know why he stopped his truck and left it there? I am talking about before you arrived on the scene.
A. Not particularly, no.

[I love this part... LOL What is a witness? Go back and read my outline this detective had a problem understanding that fact on the day of his crime. When his eventual cohort the officer that shot the homeowner told the detective at the scene that I was at the accident scene as a witness. How true was my vision in District Court a man and his family climbing a mountain and the man is pulled down a side trail by two sinister creatures. I pray lord give me a sign and the path becomes marked by the light of GOD.]

Q. Did he tell you that he thought that his vehicle was struck, too, or that he was involved in an accident?
A. He may have said that, I don’t know. I initially thought he was involved in an accident. I didn’t know until later that he wasn’t, so he may have said that, yes.

[Yep, at the same time I was told not to say anything, or I would be arrested, just for trying to speak about the conduct of these people involved in this situation, I wanted to say that the guy crossed the stop line and the guy in the pickup truck was profane on another occassion and on that day, and that I thought that I was rear-ended. Gee, I wish he could hear me now... I want him to know!]

Q. So it was reasonable to assume that he was involved in an accident on his part and your part?A. Yes.
Q. And it would be correct not to move your vehicle if you were involved in an accident, would it not, especially a commercial vehicle?
A. He did move the vehicle, though. He did. He moved it around the turn and he parked it where it obstructed the traffic even more.
Q. I mean, removed your vehicle from the scene?
A. (No response.)
Q. In other words, to leave the scene of an accident?
A. Yes. No, that would be improper, certainly.
Q. So if he were involved in an accident or if he thought he was involved in an accident, his behavior was not only legal but required, that is to leave the truck there?
A. Yes. But that had nothing to do with the disorderly conduct citation that he was cited for.

[That's because the wrong person got cited and accused and prosecuted. And look at what happened to me as a result! I'm glad I'm not a complete basket case, I'm just a person trying to get the truth told.]

Q. I am not - - I’m just asking you this one question now. Would you agree with me that it would be appropriate for him to leave the truck there?
A. If he was in an accident, to stop and move his truck and get out and exchange information, certainly.
Q. All right. So now, you come upon to the scene. He is not even out of his vehicle yet; is that correct?
A. Yes.
Q. You see him get out of the vehicle?
A. I see him get out of the vehicle.
Q. How long of a time elapsed between the time when you saw him get out of his vehicle until you arrived at the scene?
A. I would say it was within a block or two. I was driving probably 30 seconds.
Q. Okay. About 30 seconds?
A. Yes.
Q. So that’s when you saw this behavior going on; is that right?
A. It continued. As I got closer to the intersection, it was going on. So I observed him for probably a minute acting disorderly.
Q. Okay. His back was towards you, as I understand?
A. Yes, it was.
Q. And you drove your car how close to him?
A. I would say I creeped up. I was moving up until about maybe five, eight feet. Then I stopped and he was moving back towards me. In fact, I thought he was going to walk into me. We were close but I saw him walking. I got up as close as I could to the incident without striking him.

[I set one foot back behind me to pivot around, firefighters are trained do not walk backwards into the unknown! Had I walked one step backwards I would have been involved in a pedestrian accident to which was my question upon my surprise to find a car that I could kneel on it's bumper the car was so close to my person, even I was shocked! How could he do that to me? Why?]

Q. Let’s think about this. For whatever reason - - from his point of view, for whatever reason, either he is walking backwards or you are coming forward, there’s that feeling that he is going to be struck by a vehicle, both by him and by you. You were afraid you were going to hit him or he was going to walk into you.A. No, I was not afraid I was going to hit him.

Q. You were afraid he was going to back up into the vehicle?
A. Exactly.
Q. You were that close?
A. He was not paying attention to what he was doing. He was walking towards me. I stopped.

[Uhmmm? Convicted by his own memory, I wonder what the judge is doing at this time, back to reading his book again?]

Q. I understand that.
A. And I did not - -
Q. I understand your testimony. I am not trying to say that one way or the other. All I’m trying to say it would be reasonable from his point of view as he turns around and finds out he is within inches of a vehicle to think he was just going to be struck by a vehicle?
A. That’s possible, yes.
Q. Okay. Now, the vehicle is not marked. You have not identified yourself as police officer and there’s no way to identify yourself as a police officer; is that accurate?
A. That’s correct.

[What is police entrapment?]

Q. He is upset. And you tell him two or three times to quiet down?
A. That’s correct.
Q. Then he quiets down?
A. Right.

[Yep, I'm real disorderly, I need to be punished.]

Q. All right. Any further difficulty from him or anything like that?
A. He was agitated the whole entire time. After I finally laid it out for him that if you don’t knock it off right now, I am going to take you into custody. Then he finally settled down. I actually had one of the other officers talk to him while I talked to Mrs. Allsop and Mr. Dran.

[Indeed - Who was this other officer and what did we talk about? Stop line violations and rubbing tires on curbs as we watched the very incident happen?]

Q. Okay. How long would you say - - how long a period of time elapsed from the time you identified yourself as a police officer until the time when, you know, he quieted down, so to speak?
A. A minute.
Q. Okay. So this all took place within a minute’s time?
A. No. That’s not right.
Q. After you identified yourself as a police officer, I mean?
A. Yes.
Q. What was his purpose in being there? I mean, was he - - he is a truck driver, he is on the road all of the time?
A. Right.
Q. And there was a motor vehicle accident which may or may not involved him. But in his mind we don’t know that yet. But is he - - there were no other police on the scene?
A. No, not at that time.
Q. And he was not wrong for not moving his vehicle from the scene if he was involved in an accident?
A. Right.

MR. HOFFMAN: Nothing further. Thank you.

MR. SWAINSTON: Thank you.
(Witness excused.)

MR. SWAINSTON: Your Honor, theCommonwealth has no further evidence. The Commonwealth rests for the purpose of this hearing.

THE COURT: Any redirect?

MR. HOFFMAN: Yes, sir.

REDIRECT EXAMINATION
BY MR. HOFFMAN:
Q. Mr. Landis, you are saying they are intentionally telling an untruth or you use the word misconstrued before or mistake?
A. I believe they are making an honest mistake. Mr. Dran never said that I used profanity here. Mrs. Allsop did, but Mr. Floyd, that’s a different story.

[My mistake, I thought Mr. Tran didn't accuse me in this hearing, my focus was more on what Mrs. Allsop had said and Mr. Tran with his accent was hard to understand. I had just listened to the testimony of the detective and he was the one that I was focussed on because he was the one to lie and to charge me and I was trying to be compassionate to the other witnesses... I felt sorry for them because the state and the local police set me up and the cause of the accident could have been avoided if society cared just a little more.]

Q. All right.

MR. HOFFMAN: I have nothingfurther, sir.

THE COURT: What’s a different story?

THE WITNESS: The way he talks about my profanity. I think he is deliberately telling a lie.

THE COURT: All right. Step down.
(Witness excused.)

MR. SWAINSTON: Your Honor, Ihave one question of Detective Floyd on redirect.

THE COURT: All right. This is in the nature of rebuttal?

MR. SWAINSTON: Yes, YourHonor, on rebuttal.

COMMONWEALTH’S REBUTTAL EVIDENCE

RANDOLPH SCOTT FLOYD, havingbeen duly sworn previously, recalled for further testimony, was examined and testified as follows:

RANDOLPH SCOTT FLOYD - - DIRECT/REBUTTAL

DIRECT EXAMINATION
BY MR. SWAINSTON:

Q. Detective Floyd, after all of this conduct took place after you instructed the defendant to calm down, after you identified yourself as a detective, did the defendant ever express any concern whatsoever with the other driver that he talked about on his direct testimony with his attorney?
A. He said there was a problem with the guy crossing the stop line, never indicated that the guy had stopped there at the scene. I had never seen anybody. He never pointed anybody out to me, no, whatsoever.
Q. Did he have an opportunity to do so?
A. Certainly. I was standing there talking to him. And, you know, he had more than plenty of opportunity to tell me that there’s never anybody pointed out or indicated to me at all.

[Uhmmm... Excuse me? If I tried to tell him anything I was going to be arrested, and the person that crossed the stop line was released and sent on his way when the detective did finally speak with me, what was the point in saying anything about that, he couldn't do anything about that, I would have to figure that out, later and expected to find that information on the accident report. Again I was surprised to find that this information was excluded. The man that crossed the stop line his information was never collected!]

MR. SWAINSTON: Thank you.
Nothing further.

CROSS -EXAMINATION
BY MR. HOFFMAN:

Q. Well, Detective, how did you become aware he was concerned about this fellow who crossed the stop sign?
A. After he calmed down a little bit, he started to tell me about the problems with the stop line and all of this and the problems that he has all of the time driving, people crossing the stop line.
Q. All right.
A. That’s when I told him -- as I testified earlier, I told him that’s fine. I have problems with the traffic, too. But you can’t stand out in the middle of Main Street at rush hour and make a spectacle of yourself over it.
Q. But you said he had an opportunity to talk to you about this guy that had done this or in his mind caused this accident?
A. Yes, yes. In fact, he talked to two other officers as well.
Q. So he was talking to everybody about it.
A. No, no, no. I am saying he had the opportunity to tell them more. There was nobody -he did not say to me the guy in that Lincoln Town Car there is the guy who caused this accident. There was nobody ever identified.

[Had anyone run the registration to the car that crossed the stop line you would find that the owner would love if his Ford was actually a Linclon Town Car. I thought the car was a Lincoln but I wasn't sure, it was a Crown Victoria I do believe, I finally found the man and his car and the information that I sought long after this court case and remember 10 days after court I was involuntarily committed. Read the last part of My Story to see all about the case denied to move forward into Federal District Court. Pennsylvania has a strange court system, they are all geared to Federal Court, We have district then county and if the case is large or problematic enough then you file Federal District in the nearest location, for me it would be in Philadelphia.]

Q. Was that car still there? Do you know?
A. I didn’t see a car, and he didn’t say anything. This is the first I learned that it was even a Lincoln.

Q. All right. But he did discuss it with you at the scene; and to your knowledge, he did discuss it with other officers at the scene?
A. Not specifically. Only that somebody had crossed the line and that’s what he was upset about.

MR. HOFFMAN: Nothing further,sir.

THE COURT: All right.
(Witness excused.)

THE COURT: Do you want to say anything in closing?
(Closing argument byMr. Hoffman.)(Closing argument byMr. Swainston.)

THE COURT:

**{[Major ommision of text-- "So Mr. Landis, You think you're a Christian? Well, you're a liar!"

Mr. Landis: "Excuse me?"

THE COURT: "You're a Liar!"]}**

THE COURT: What’s the maximum fine here?

MR. SWAINSTON: Three hundred dollars.

THE COURT: The Court finds the Commonwealth has established beyond a reasonable doubt that the defendant, Gary James Landis, committed the crime of summary offense rather disorderly conduct by engaging in tumultuous behavior making unreasonable noise, using obscene language and he created a hazardous or offensive condition by his acts on that occasion. He is sentenced to pay a fine of three hundred dollars and costs.

(At 3:25 p.m., the proceedings were concluded.)

[Then the detective apologized for his appearence in court, and the court said, "You look like a conehead." The detective responded with information that his head was all taped like he used little pieces of tape himself covering every piece of hair includeing his sideburns he even had wires sticking out the top because he suffers from tremmors.]

[As I walk out of the courtroom with my Lawyer he tells me he wants nothing more to do with this case, he quit!]

Now if you read all of this, I ask you one question, of the testimony you just read, who was and is telling the truth?

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