Day 2 of The Trial In The Rodney King Saga ...
Thursday, March 30th, 2002
Justice Griffiths entered the Court and the session began at 10:45 AM. Assistant Crown Attorney John O’Halloran – while holding a file folder in his hand - assured the Court that any additional Disclosure information retrieved from Detective James Hambelton had been compiled and copied and all materials had been indexed and in this new file folder. John O’Halloran told the Court that if Rodney King wanted disclosure on any additional items he would have to make an Application to the Court.
John O’Halloran explained that he would provide the Court copies of any additional information and ask that it be reviewed to determine if Rodney King should have copies. The he added that he was recommending that Rodney King does not need this information.
Rodney King questioned the Court further complaining that there is much Disclosure that he still does not have. He referred to a relevant letter from Nancy King and he again referred to the audio tapes which had been referred to in Court on Monday, March 25th, 2002. He added that he had been in communication with a lawyer who advised him that transcripts of all those audio tapes are indeed made before they are re-cycled.
Then Rodney King asked about disclosing new documents to the Court. Justice Griffiths asked: ‘This is material that for whatever reason you wish to share with the Crown? The defense has no obligation to disclose anything.’
Justice Griffiths went on to explain that he does not receive Disclosure from anyone in Court. He counselled Rodney King that he could call witnesses after the Crown is finished and bring out any relevant information to the Court. Then he asked for the file folder of new Disclosure items from Assistant Crown Attorney, John O’Halloran.
At 10:45 AM Justice Griffiths departed to Court to resume the study of these new Disclosure notes in his chambers. At 11:50 AM Assistant Crown Attorney John O’Halloran and Detective James Hambleton were summoned to the Judge’s chambers. They returned to the Courtroom within 5 minutes. Then they were called to the Judge’s chambers a second time at approximately 12:00 Noon. They returned to the Courtroom a second time at 12:08 PM. Each of them picked up file folders from their respective desks and returned to the Judge’s chambers for the third time.
At 12:30 PM John O’Halloran entered the Courtroom from the rear door and abruptly walked to his table to set down his file folders. His body language indicated that all was not well within their ‘Just-us’ system. At 12:35 PM Detective James Hambleton entered the Courtroom and walked over to Rodney King who was sitting and talking with myself, Vic Beck and Brian Logozar. He passed a bunch of papers to Rodney King saying: ‘These are the additional Disclosure notes that the judge says you can have.’
At 12:40 PM Justice Griffiths entered and court resumed. He looked towards Rodney King and said: ‘It has been advised to me that you may have recording devices. Is that correct?’ He then referred to #136 … (not audible) … then Rodney King responded but again his response was (not audible). But though the beginning of Justice Griffith’s response was not audible the ending of his response certainly was audible for as he read from the Rules of Court he raised his voice to a very loud tone as he said: “ ….. IN THE MANNER THAT HAS BEEN APPROVED BY THE JUDGE.’
Brian Logozar responded by reading from The Ontario Annual Practice Book wherein it states that recording devices can be used for the sole purpose of replacing hand written notes. Then Justice Griffiths changed his tone. Now that he was aware that Brian Logozar and Rodney King were aware of the rule that permitted them to use recoding devices he more politely stated: ‘Why don’t you tell me what you are doing. Tell me what you are doing and I’ll be a reasonable person. You may record the proceedings for supplementary notes.’
John O’Halloran requested Justice Griffiths to permit Rodney King to record only what is communicated in open court. Brian Logozar quickly responded: ‘We have no objection.’
Then Justice Griffiths said: ‘Let me finish with this Disclosure issue.’ He went on to explain that before the break John O’Halloran had provided him with additional notes and that indeed he had reviewed those documents. He indicated that there were a number of documents in question and that he needed to hear from John O’Halloran why certain documents were being withheld.
He explained that was the reason that he had summoned the Assistant Crown Attorney and Detective James Hambleton to his chambers. He assured the Court that their discussions had been recorded. Justice Griffiths further explained that indeed he had directed the Crown to make some additional documents available to Rodney King. Then he added that the remaining documents were privileged as identified as not disclosable and are therefore sealed in an envelope and not to be opened without a warrant.
Then Justice Griffiths assured Rodney King all relevant documents had now been disclosed to him. Rodney King then made reference to the still missing letter from Nancy King and the transcripts of the audio tapes. Justice Griffiths responded by saying that he would neither confirm nor deny what Rodney King had just said. The bottom line was that Rodney King had gotten all of the Disclosure documents that Justice Griffiths was going to permit and that’s it – done deal.
At 12:50 PM Detective James Hambleton again took the witness stand for cross-examination by Brian Logozar. Brian asked him if he was aware that transcripts of those audio recordings had been made. James Hambleton responded by saying that he was not aware of any transcripts and added again that the tapes were re-cycled every 30 days.
Brian Logozar asked again: ‘Are they transcribed before they are re-cycled?’ and James Hambleton answered: ‘No, not to my knowledge.’ Then Brian Logozar questioned James Hambleton about the original application to search Rodney King’s house. James Hambleton revealed again that there was no warrant for the original entry to Rodney King’s private property on September 2nd, 2001. Part of his response was not audible but I did hear these words: ‘ …. I did not get much of a warrant started prior to carrying on the investigation.’
Brian Logozar then talked about a possible breach of the Criminal Code and Justice Griffiths responded with some words about ‘regulations’ but much of what he said was not audible. I did hear the following exchange wherein Brian Logozar said: ‘Mr King has NOT entered a plea’ and Justice Griffiths responded with: ‘He has entered a plea.’ Brian Logozar declined to ask James Hambleton any further questions.
Assistant Crown Attorney John O’Halloran then asked Detective James Hambleton some questions about their Disclosure meeting. Basically he sought assurance that copies of all documents were now disclosed and that all originals were safely stored in the possession of James Hambleton.
Then Justice Griffiths invited Rodney King to make any
further submissions. Rodney King again brought up the point that another lawyer
had confirmed that indeed transcripts of regular transmission tapes are made
before the tapes are re-cycled. Justice Griffiths responded: ‘The evidence that
I have says that they are re-cycled after 30 days.’ Rodney King kept pressing
for more information about these audio tapes until Justice Griffiths said: ‘What
is it that you want?’
Rodney King responded that he wanted to be fully informed of the communications
of the police and their actions before and as they entered his private property.
Rodney King expressed that he wanted full disclosure on why the police acted in
the manner that they did. Then Justice Griffiths commented; ‘That’s down the
road. With respect to the tapes, they are taped over every 30 days. They are not
routinely transcribed if no request is made prior to them being re-cycled.
There is nothing to disclose. Full disclosure has been made.’ Then Justice
Griffiths adjourned for lunch at 1:10 PM.
At 2:20 PM court resumed and the cross examination of Nancy
King continued. Rodney King read the second last paragraph from the article by
Megan Gillis in the Brockville Recorder Times on Tuesday, March 26th,
2002 wherein she was quoted as saying:
‘It’s sad – he’s not living in the real world,’ Nancy King said of her husband,
with her 19 year-old daughter, Crystal by her side. ‘He’s caught up with this
and he’s got other people supporting him in his delusions. To think, he’s the
ambassador of God.’
Rodney King also read the final paragraph of Megan Gillis’
story into the record: ‘Mrs. King has left the region but she doesn’t want her
husband to know where she lives.’ Then he asked Nancy King: ‘Did you say this?’
Nancy King responded: ‘Yes.’ Rodney King followed with a statement about
possible reconciliation but what he said was not audible.
Then John O’Halloran intervened and stated that chances of reconciliation were completely irrelevant to this court proceedings. At this point Rodney King asked Justice Griffiths to grant him a few private moments for further consultation with Brian Logozar. Justice Griffiths complied and recessed the court at 2:35 PM.
At 3:05 PM court resumed. Brian Logozar asked to address the possibility of raising a Charter issue and explained that he had to return to Edmonton and would not be available on the next suggested dates of April 8th, 11th and 12th, 2002. Brian Logozar then mentioned that Rodney King had been talking to a lawyer but he would not be available until July 2002. Justice Griffiths explained that this court case needs to move ahead and he agreed that Counsel would expedite the process.
Justice Griffiths commented that he would be on holidays during July 2002 and that he would be in Cornwall Court in August 2002. He would only be back in Brockville in September 2002. He then suggested that in order to give Mr. King an opportunity to further consult with a lawyer he would put over the proceedings until April 5th, 2002. On that day he expects to know if indeed Mr. King will engage a lawyer to represent him. If this is the case then he will consider adjourning until September. If Mr. King is not going to engage a lawyer, then the trial will go ahead on April 8th, 11th and 12th as discussed.
After this discussion Rodney King asked if he could pass some information to Nancy King. This initiated a lengthy discussion about his conditions which forbid any communication with her except through a lawyer. The he asked if Brian Logozar, his Agent could pass the pages to Nancy King. This too was denied by Justice Griffiths. But Justice Griffiths reminded Rodney King that he could appeal the Order the forbid any communication with his wife.
At 3:30 PM Justice Griffiths adjourned the trial until Friday, April 5th, 2002 at 10:00 AM.
Note: Megan Gillis quoted me in her article in the Brockville Recorder Times on Tuesday, March 26th, 2002.
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Supporters gathered around King. One said they were part of the ‘freedom
movement’ of one per cent of enlightened Canadians.
- ‘The New World Order wants to take our guns so society is defenseless,’ said one supporter, a retired Ottawa elementary school teacher, who said his name is Tom-Joseph: Kennedy. ‘These police are out there, they think they are doing a good job. They don’t know they’re working for the New World Order.’
Read The Rodney King Saga Day One of the Trail at this URL: www.cyberclass.net/kingmar2502.htm