Part 14, pages 391-420, 1982

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Tanchak ~- Recross by Mr, Kunstler 1a

o) All right. Now, you say you put it in the

*] I'm asking you where you got the information other

an

THE COURT: Whatever it says, it
says.

MR. KUNSTLER: It's in the application
which he put into evidence.

THE COURT: I understand it is in
evidence. It speaks for itself.

BY MR. KUNSTLER: (cont'd)

Q You admit that is in the application, that
statement I just gave you?

A That's correct, it is.

application because you took it out of the Penal
Law of the State of New York?
A The wording; yes, sir.

Q But you were putting it in there to give Judge
Keegan -- to indicate to Judge Keegan that you had
reasonable cause to believe that some or all of
those weapons were in that vehicle, isn't that
correct?

MR. KATZER: Objection.
A That's correct.

TE COURT: He's already answered it.

AS nee pina it Be +

Tanchak - Recross by Mr. Kunstier 125

Q

than taking it out of the Penal Law that those
items might be in that vehicle.

MR. KATZER: Objection.

THE COURT: Overruled.
A T assumed it, It was a list of weapons.

You assumed it from what?

A From what was recovered earlier in the car,
The pistol?
A That's correct.

You assumed from the finding of the pistol that all
of these other weapons might be in the car?
A That they could have been,
Did you find any of them in the car?
A The two clubs,
Are those clubs in violation of any law of the
State of New York?

MR. KATZER: Objection.

THE COURT: Overruled. If you know.
A I have no idea.
You know they are not, don't you?

MR. KATZER: Objection.
Do you kmow of any provision in the Penal Law that

says that sticks wrapped with electrical tape are

“weve -“— _ t

Tanchak - Recross by Mr. Kunstler 126

in violation of the Penal Law?

A It could be if the intent is there.
If the intent to do what?

A To use them against another.

Did you know of any intent or any reason to believe

intent in this case?

A Not at that time, Nobody was there to use them,

Now, other than the sticks which are People's 18,
did you find anything else that you seized in that
car?

A No, sir.

whats cever?

A No, sir, I did not. |

Now, when you went to Judge Keegan, isn't it a

fact that in your application you gaid to him that

on the front seat of the vehicle which Mr. Spearman |

was driving it tumed out to be Mr. Young's

vehicle -- there was numerous literature concerning
the South Africa rugby team's stay in Albany?

A That's correct, I did.

Did you see that literature?

A Very briefly.

Is it your testimony it was found on the front seat

“?r

fanchak ~- Recross by Mr. Kunstler 127

Q

of the vehicle?

A That's what I was told; yes, sir.

Who told you that?

A I believe it was Lieutenant Murphy who told me.
All right. Then you told him also that over the
past several weeks ~~ this is in your application --
over the past several wooks numerous threats were
made against the South African rugby team concerning
the playing of rugby in th City of Albany. Threats
did concern bodily harm being done to the members of
said team in an effort to stop a scheduled game to
be held in Albany on September 22, 1981. Did you
put that in the application? |
A Correct. I did.

where did that come from?

A All you had to do was read the newspapers and
you knew that.

You got it from the newspapers? Would it be fair
to state that you knew from the newspapers in
Albany that there was some sort of a threat of
violence hanging over these games -- at least
reported in the newspapers?

A Among other things, yes.

RUMI einSS rbot one sai us 4

Tanchak ~ Recross by Mr. Kunstler 128

Q

Did the newspapers say who was giving out this
information about the threat of violence?
A I don't recall.

Did the newspapers, to your recollection, say

anything about the possibility of the Ku Klux Klan
coming here from Connecticut?

A I don't remember ever seeing that.

I take it from the newspapers you put that
paragraph in that I have just read to you in your
application?

A As I said, among other things; yes, sir.
Were other things from police officers?

A Just general talk, Yes, sir.

General talk among police officers?

A That's correct.

General talk among F.B.I. agen ts ?

A I don't think the F.B.I. was 4nvolved in that.
What about the state police?

A I don't think they were either.

Would you say from general talk among police
officere -~ I assume you mean Albany City police --
the City of Albany police officers?

A That's correct.

Tanchak - Recross by Mr. Kunstler 129

Q -=- that there was some apprehension or concern

about violence occurring around these games?

MR, KATZER: Same objection.
A Not to the officers I spoke with.
Q Are you stating that the officers that you spoke
to mentioned to you that there might be physical
violence accompanying in some way or form about the
Playing of that rugby game or the scheduled playing
of the rugby game here in Albany and none of those
officers had any concern about it at all? Is that
what you're telling us?
A In general; yos, sir.
toy No officers in any shape or form said to you we
ought to protect against that, we ought to do
something about that?
MR. KATZER: Objection.
THE COURT: Sustained,
BY MR. KUNSTLER: (cont'd)
Q Well, when it was said in conversation among police
officers, was it said in jest as a joke?
MR. KATZER: Objection.
THE COURT: Sustained,

Q Was it discussed among police officers on numerous

meres rey afran

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Tanchak ~ Recross by Mr. Kunstler 130

occasions in your presence before you executed
the search warrant or the application?

MR. KATZER: Objection.

THE COURT: Sustained.

BY MR. KUNSTLER: (cont'd)

Q Is it not a fact also that the reason you asked for
the search warrant was that there were no keys in
Mr. Spearman's possession that would open that
trunk?

A That's correct.

THE COURT: How did you get the
trunk open?

THE WITNESS: It was forced open.

MR. KUNSTLER: That's all I have,
Judge. Thank you.

THE COURT: Mr. Katzer, anything
further?

MR. KATZER: No. Thank you,

TE COURT: Mr. Oliver, anything
further?

MR. OLIVER: No, sir.

TE COURT: Very well. That's all.

(Witness excused, )

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131

STATE OF NEW YORK

ALBANY COUNTY COURT

<ceseecseeeneeshttmamsatamaanisasieancasatasnainantptltst TCO

THE PEOPLE OF THE STATE OF NEW YORK,

- against - CERTIFI CATE
MICHAEL R. YOUNG and JOHN H. SPEARMAN, JRe,»

Defendants ®

canseusparcnsiapenssectcenstnsamamaniatteaiat tne ee

I, CAROLE M. RYAN, CoS eRe»
and Official County Court Reporter, do
hereby certify that the foregoing is a true
and accurate transcript of the proceedings
reported stenographically by me in the above
matter held before Hon. John J. Clyne,
Albany County Court Judge, at Albany, New

York, on March 3, 1982.

THE AFRICAN AMERICAN COMMITTEE ON THE UNITED NATIONS

Invites you To

The Fourth, Annual DAY AT THE UNITED NATIONS FOR AFRICAN
AMERICANS

Date: November 10-11, 1983
Location: United Nations, N.Y.

Theme: RACISM: CHALLENGE OF THE EIGHTIES

A Look At UN Efforts in the Struggle Against Racism
and a Plan of Action for the Coming Decade

For Additional Information:

Write; African American Committee on the United
Nations

13639 Kingsman Road

‘Dale City, Virginia, 22193
or call; (703)590-3462

STATE OF NEW YORK |
COUNTY COURT COUNTY OF ALBANY

THE PEOPLE OF THE STATE OF NEW YORE
~against~-

MICHAEL R. YOUNG,
JOHN H, SPEARMAN, JR.,

Defendants.

EXCERPT OF PROCEEDINGS
BEFORE : HON, JOHN J, CLYNE,

Albany County Court Judge.
APPEARANCES : For the People:

HON, SOL GREENBERG,

Albany County District Attorney,
BY: MICHABL KATZER,

Assistant District Attorney.

For the Defendant YOUNG;

LEWIS OLIVER, ESQ.,
21 Barclay Street,
Albany, New York,

Ketained Counsel. .

Defendant YOUNG in Person.
For the Defendant SPRARMAN:
WILLIAM M. KUNSTLER, ESQ.,
853 Broadway,

Hew York, New York 10003,
Retained Counsel.

Defendant SPEARMAN in Person.

{HANAN ea mre ess nar RARER he Lila WANA lei

| PRESENT: FRANCES DI BIASE,
Clerk of the Court.

DENISE STANGLE, C.S.R. and
Official Albany County
Court Reporter.

Excerpt of proceedings held at a
Trial Term of the Albany County Court, at the Albany

County Courthouse, Albany, New York, on March 4, 1982.

* * *

THE COURT: Bring the jury down,

please,
MR. KUNSTLER: Judge, we have --
THE COURT: Just a moment. Let the
record indicate the presence of the defendants, their
respective counsel. The People are represented by Mr.
Katzer. We are in open Court without the presence of

the jury. Yes, Mr. Kunstler.

MR. KUNSTLER: Yes, Judge. Last

night, Mr. Oliver and Mr. Katzer listened to the tapes

of the Albany Police Department and we want to subpoena

a small portion of that from approximately 7:05 on, for
about five or six minutes only. It's a portion of the |

tape in which the police announcer says the license

ee | - $s
|

|

saveiagumpyibied 73 whine

number of the car and then Sergeant Epting says to

unit 14 and 15, "The driver should have a beard," and

that's all. And then we also want the mug shots af

both defendants which were taken at night, which I
think will show one with a beard and one without a
beard, It's part of our case. I think you understand
the implication of saying, "The driver should have a
beard,"

THE COURT: Well, what have you
done about subpoenaing? Have you taken care of it?

MR. KUNSTLER: Yes. We have them
here.

THE COURT: Oh.

MR. KUNSTLER: It's a so-ordered
subpoena,

THE COURT: What are you going to do,
put in the transcript of it or did you record it?

MR. KUNSTLER: We didn't record it.
it's a very short portion. It may be that Mr. Katzer
will stipulate what's on it because he heard it, too,

THE COURT: Have you got a transcript

of it?
MR, KATZER: No,

_Peo, v. Young aod Spearman iii +3

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. a Peo. v. Young and Spearman
THE COURT: Nothing.

MR. KUNSTLER: Well, we wrote one
down. All we have to do is type it up. |
THE COURT: Can you agree upon what's |

said?

|
MK. KATZER; Judge, I believe you |

have to call Sergeant Epting.

MR. OLIVER: We subpoenaed Sergeant
Epting.

MR. KUNSTLER: We have a subpoena for
him now. Does that have to be so ordered? |

MR. OLIVER: That doesn't have to be |

so ordered,

MR. KUNSTLER: It's only the tape 1
that has -- |

THE COURT: I will tell you, very
frankly, it's probably easier to do it on the telephone.
I'll give it to you. There is no problem. You don't

have to run down and serve it. |

MR, KUNSTLER: I would think it could

be done by subpoena.

THE COURT: Cail him up and tell hia |

that's what they want.

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MR. KATZER: No problem.

THE COURT: I don't care how you
work it out. Either agree upon the transcript or go
down and record it yourself during the lunch hour. I
don't care how you do it. Work it out.

MR, KUNSTLER: Or we can record it
at the lunch hour. That's good. All right. We'll do
it and the mug shots you can get for us.

THE COURT: Off the record,

(Discussion held off the record.)

THE COURT: Bring the jury down,

(The jury was brought down.)

THE COURT: Let the record indicate
the presence of the defendants, their respective
counsel. The People are represented by Mr. Katzer,
Let the record further indicate the presence of the
14 sworn jurors.

Call your next witness, please, Mr. |
Oliver.

MK, OLIVER: Defense calls Deputy |

Chief John Reid.

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~ | Reid - for Defendant Young ~ Direct salience
DEPUTY CHIEF JOHN REID,

having first been duly sworn, was examined and testified
as follows: |
VIRECT E P10.
BY MK, OLIVER: |
Q Sir, would you state your name for the jury? |
A John F, eld, |
: \ O.K, And would you indicate to the jury the |
nature of your position with the Albany Police |
Department? |
A Deputy Police Chief with the Albany Police Depart- |
| ment. . |
q And do you have any particular area of responsibil-
ity with the Lbeparctment? |
A I'm whac's known as a night boss. I work 5 at
night till L in the morning.
X And would it ve fair co say Chat during that time, |
you are in charge of the Department?
A Yes. 1 am responsinie to the Chiet of Police.
. \ l would like to tocus your attention on the |
period of July, Auguset and September, 1981, prior
to the Springboks game here in Albany. Would you |
indicate to the jury the nature of your duties with |

ine eens

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HL Reid - Fox Defendant Young - Direct aa inci —
regard to the planned Springboks tour?
A In the latter part of August, I was assigned by
the Chiet of Police to work days. |
MK, KATZER: Objection.
THE WITNESS: In preparation for the |
Springbok game, to gather intelligence, so on and
so forth.
BY MR, OLIVER: t
q And was that more or less your primary ~- did you
have other duties during that period?
A No, not during that period,
\ And during that period, did you receive informa-
tion from the FBI concerning Michael Young and
John Spearman?
a Yes, we did.
, And Deputy Chief keid, have you recently had any
opportunity to review your files with regard to |

that period?

A 1 glanced over them briefly yesterday.

\ Do you happen to have them with you? |
A No, I don't.
y Could you indicate to us when was the firet time

that you received information from the FBI concerni

Reid - For Defendant Young ~ Dixect ‘ or La

Michael Young or John Spearman? |

A Il believe it was the early part of September,

q And was it before September 10?

A I think so, but I would have to read the report to
be sure.

& Now, well, you mentioned a report, did you prepare

j

a report with regard to the Springbok demonstration?!

A what kind of report?

q Well, could you indicate what kinds of reports you |
did prepare?

A Well, we received information from the FBI, State
Police, Connecticut, New York City PD, that there
were various militant groups coming to the City of
Albany and that they might cause trouble and
attempt to stop the rugby game. Then we did a
Synopsis on that report, yes.

q all righc. Could you indicate what the nature of
the information that you received from New York
City Police bepartment was?

A That the Communist Workers Party was going to come
to Albany and attempt to stop the game and probably
use violence against the police and spectators.

}

y And in the New York City Police Department reports, |

ei heals eee ties sini bios a sata nina RUA AAU URE OS ENCES ERNIE

Reid - For Defendant Young - Direct Pacem ar soicaus Los
they mentioned Michael Young?

A They mentioned Michael Young and John Spearman.

| 7) And you received those reports before September 10,

& I believe so, aud aiter that, too. It was an
ongoing thing.

& And you received those reports from the New York

City Police Depariment Intelligence Unit.

a Yes.
Q And is that Lieutenant Gauglitz?
A we spoke cto different officers, I remember

Detective rinnegau, Letective Cortez.

\ Aad did you receive from the New York City Police
Lepartment any other information about Michael
Young?

4 Just chat he was the leader of the Communist
Workers Party.

y Did you aiso ceceive any information about Michael

Young with regard to SART?

A he was involved in oAKT,
\ Anu could you explain to the jury what SART was? |
A Il believe it was Stop the Apartheid -- Apartheid

Rugby Tour. ic's a coalition of groups formed to

step che tour of the south African rugby game.

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: 4. Keid - For vefendant Young - Direct iS 419 8
\ And these reports indicated that Mr. Young had
been under your surveillance in New York City,
did they not?
A No, L don't -- they said he was involved in SART.
they said he was going to take or play a part in
stopping the tour, but as surveillance? I couldn't =
I don't know.
& well, aid the reports indicate observation of Mr,
Young made by wembers of the New York City Police
Department at various demonstrations and various
other Cimesi
| A Yes,
) They aid, So that they were watching him, is that
i correct ¢
A Well, they were watching demonstrations. whether
| they were watching him or not, you would have to
ask the New York City Police,
| \ were there any otner names that came up in the
Wew York City rolice reports?
A No; the two i've mentioned,
| & And did the New York City volice Department provide
you with information abouc the motor vehicle that
- wr, Young drove‘ 2

3
Fi
iinet ie iat a ane : asinine Aceh Dialed nein
etd = Nox Dateodsnt Young - Direct 0 8

| THE COUKT: Sustained.
{
|
| tik, ULAVik: Can IL finish my question, |
| Juc pe: |
| ahi GULaT: oustained,

j he A bubs e WLiLViK : |
| “ Well, dic the wew York City reporcs state the
| reason why the wew rors City Vvolice Department |
I |
\ saicd thac Me. Louny was going to employ any form
|
i Or viuvieuce:
7
1 dui CUURGA ouStained,
i
| ba ws. JLIVew:
| “s | |
Me wnat Gid the New York City Puiice report say about |
| tk, fauag anu plaus for violence?
ha. KatebK: Objection,

: {HE CUuUKi: Yes. sustained,

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A

be!

No.

and cid the New Yorw City Folice reports indicate
the source of the reports, without indicating what
that source was, the source of the reports, of
theis seports:

Mis. MadauR: Ubjection.

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4 Reid - For Defendant Young ~ Direct
| BY MR. OLIVER:
Q What were you told by New York City Police about
Mr. Young's plans for violence?
MR. KATZER: Objection,
THE COURT: Sustained.
BY MR. OLIVER:
7) What did the New York City Police reports say about
Mr, Young? |
MR. KATZER:; Objection.
| THE COURT: Yes, Sustained, It's |
| rather remote. Now, the witness has indicated he
had information concerning both defendants and
nothing concerning an automobile. That's it. |
BY MR, OLIVER: |
a Did you know that Mr. Young had never been arrested |
before?
| A Did we know Mr. Young had never been arrested before}
ie” Yes.
A Probably. I can't say offhand.
THE COURT: Did you run a N.Y,.S.1.1.5.
check on the name?
THE WITNESS: Yes.
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Keid - For Defendant Young - Direct

ee

BY MR, OLIVER;
6) bid you run a motor vehicle check on him, too?
MR, KATZER: Objection to time,
THE COURT: Overruled,
THE WITNESS: No,
BY MR. OLIVER;
q You indicated that you also received information
from Connecticut State Police,
A Yes.
vi Would you indicate the nature of that information?
THE COURT: Let me ask you, did you
receive any information from the Connecticut State
Police concerning either the defendant Spearman or
the defendant Young?
THE WITNESS: No, No, your Honor.
BY MR. OLIVER:
Q Could you indicate what information you did receive
from the Connecticut State Police?
MR. KATZER: Objection.
TRE COUKT: Sustained,
BY MR. OLIVER:
y bid you receive information concerning the Ku Klux

Klan from Connecticut?

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| _ Reid - For Defendant Young - Direct 14.
MR. KATZER: Objection,
THE COURT: Sustained,
BY MR, OLIVER:
Q Did you receive information concerning violence
at the demonstration from Connecticut State
Police?
MR. KATZER; Objection.
THE COURT: Sustained.
BY MR, OLIVER:
| Q Well, was the information from the Connecticut
} State Police incorporated in your reports with
| information about Mr. Young?
A I don't understand your question. You mean was
it tied in with Mx. Young and Mr. Spearman?
Q Was it tied into your reports which were also
concerning Mr. Young?
ry It was a synopsis of a report. They were separate
paragraphs or separate areas and they weren't --
no,
Q Were they in the same report?
A Were they in the same report, yes.
Q They were.
A Probably a different page.
MORE OUR ea! & eee ie

i Reid - For Defendant Young - Direct

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Q
A

&

“

And to whom was that report made?
To the Chief of Police.

MR. OLIVER: May we, Judge, know
what was in that report that also concerned Mr,
Young from the Connecticut State Police?

THE COURT: He's already testified

that he received no information from the Connecticut

State Police concerning either of the defendants.

That's it.

BY MR, OLIVER:

You also indicated, beputy Chief, that you re-
ceived information from the FBI. Would you indi-
cate from whom you received that information in
the FBI?

ik. KaTZeR; Ubjection,

THE COUKT: Sustained.

BY MR, OLIVER;

bid you receive information about Michael Young
and John Spearman from the FBIi

Yes.

And from whow did you receive information about

Michael Young and John Spearman?

MK, KATZEK; Objection,

Akos

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| Reid - For Defendant Young - Direct

eentitisninrennheeeemmemannstiineneneryysipsipeninitec tnt th MANN ee Nae

Mk. OLIVER: In the FBI.
TH: COURT; Sustained.

BY MR. OLIVER:

& Well, was it from the Albany Office of the FBI?

A Yes,

7) Was it from Agent Rose?

A Yes,

y Was it also from Special Agent George Daley? |

A Yes. .

Q And when did you first receive information about
Mr. Young and Mr. Spearman from the Albany Office
of the FB1L%

A That would be about the middle of, second week of
September, third week of September.

Q All right. And what was the nature of that infor-

mation?
MR. KATZER: Objection. Withdrawn.
THE WITNESS: What was the nature of
the information?
BY MK, OLIVER:
Y Yes, sir.
“ Basically, that Michael Young was a leader of the

Communist workers Party. He was in Albany to stop

aon a drenomeenain vil enone 8 om mene ronrsenhvon rites eran peste ann t

Reid - For Defendant Young - Direct

17

-—fp

the rugby game. John Spearman was a leader of
the Kevolutionary Youth League which allegedly
is the militant faction of the Communist Workers
Party; that he had vowed to stop the game at all
costs and promised violence.
\ And did the FBI reports indicate the source of
their information?
MR. KATZER: Objection,
THE COUKT: Sustained,
BY MK, OLIVER:
\ Did the FBI reports indicate that the source of
their information was an informant?
Mk, KATZER; Objection,
THE COURT: Sustained.
BY MR, OLIVER;
\ Well, did you know on what basis you were acting
on, what basis you were believing things?
MR. KATZER; Objection,
THE COURT: Sustained,
BY MR, OLIVER:
\ Did you try to independently verify any of the
FBI information?

MK. KATZEK: Objection,

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|| Keid - For Defendant Young - Direct

ili Aa aliasing

aR a eT NAST PO PT I ASSENT ASO SRS SI SSIS SS

THE COUKT: Sustained,
BY MR, OLIVER;
& Now, with regard to SART, was it your information
that that was a Communist organization?
MR, KATZER: Objection,
THE COURT: No. Overruled,
THE WITNESS: No, It was a coalition
of groups.
BY MK, OLIVER;
\ And would it be fair to say that all the groups

that were involved in SART want to stop the rugby

game ?
A That's what their purpose was,
Q That was the name of the group, was it not, Stop

the Apartheid Rugby Tour,
A Yes,
Q And in your opinion, did you believe that SART,
as a group, was committed to violence?
MR. KATZER: Objection.
THE COURT: Sustained,
BY MR. OLIVER:
Y Well, let me ask you this, as part of your duties,

being in charge of the Albany Police planning for

—

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keid - For befendant Young - Direct

c |

BY MR.

BY MR,

y

the demonstration, did you form opinions --
MK. KATZER: Objection.
OLIVER ;
-- concerning the nature and purpose of the
dewonstration that was planned in Albany?
MR, KATZER: Objection.
THE COURT: Sustained.
ULIVER:
You indicated that you made a report to Chief
Burke, *

Yes,

Could you mention what, if any, other reports that

you made?
The reports to the Chief,

There were other reports to the Chief?

There was one basic report and then any information

we yet, we keep the Chief of Police informed,

Was that report called a preliminary intelligence
report regarding anti-Apartheid demonstration
compiled as of September 10, 1981?

Probably. I don't have it in front of me, but
probably.

And was this report provided to anyone else

oo pene RN ry wena Ae MN

wi CEO Pm aN SOAS ATR OA NO

Paks ach tea eesti haliaicesnaiesnvdnean
a

scat sie intrudes BAM LUA URS A EURO AREAS RD EU RM I TN RRa

keid - For Defendant Young - Direct

sin nonamantentesnememsneanneienaminn tin ni 4b

A

BY Mk,

%

A

other than Chief Burke, to your knowledge?
There is Detective-Lieutenant Murray, myself and
Chief Burke.
Mayor Corning!
I don't know.
Superintendent Connelie?
Superintendent Connelie, State Police?
Yes, sir.
This was our report. I don't know. I don't
believe it was, —
Now, during the period in which you were assigned
to supervise the planning for the games, what
other Albany Police personnel worked under you
in that planning?
MR, KATZEK: Objection.
THE WITNESS: For planning --
THE COURT: Overruled.
THE WITNESS: For the planning stage?
ULIVER:

Yes, sir.

betective-Lieutenant Murray, myself and Detective

Paul Hulslander.

Did members of the Albany Police Department, as part

nian pins erie open gene hr smpeonen win ae tome oe a oo

+

Keid - For Defendant Young - Direct _
of the planning process, attend various meetings
of the Albany coalition against Apartheid and
various demonstrations by that group?

MK, KATZER: Objection,

THE COURT: Yes. Sustained,

BY MR, OLIVER:

\ Let me ask you this, as part of the planning for
the demonstration, did members of the Albany Police
Department attend meetings or demonstrations of the
Albany coalition against Apartheid in order to
observe Mr. Spearman and Mr. Young?

MR. KATZER: Objection,

THE COURT: Sustained. Did you or
anybody, under your direction, attend such meet~-
ings?

THE WITNESS: No, that I recall,

BY MR, OLIVER:

y Or demonstrations.

A No. 1 don't remember any demonstration before
the game itself.

q Did you or any member of the Department, under
your direction, attend press conferences by the

coalition?

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