Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 1 of 120 PageID #:449 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION 2 3 4 ANGEL MOORE and ASIA MOORE, Plaintiffs, 5 6 7 -vs- 13 CITY OF CHICAGO, a municipal corporation, JENNIFER HARRIS, a City of Chicago Police Officer, Star No. 14060, ADRIAN VIVANCO, a City of Chicago Police Officer, Star No. 17269, RICHARD RODRIGUEZ, a City of Chicago Police Officer, Star No. 18290, and SAMUEL RAWLS, a City of Chicago Police Officer, Star No. 10205, 14 Defendants. 8 9 10 11 12 15 16 17 18 19 20 21 22 23 24 25 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10 C 5371 Chicago, Illinois June 11, 2012 1:00 o'clock p.m. VOLUME 1 TRANSCRIPT OF PROCEEDINGS - TRIAL BEFORE THE HONORABLE JOHN W. DARRAH, AND A JURY APPEARANCES: For the Plaintiffs: LAW OFFICES OF NEIL L. TOPPEL BY: MR. NEIL L. TOPPEL 200 South Michigan Avenue Suite 1240 Chicago, Illinois 60604 ALLEGRETTI & ASSOCIATES BY: MR. JAMES LEONARD ALLEGRETTI 617 West Devon Avenue Park Ridge, Illinois 60068 LAW OFFICES OF RICHARD DVORAK BY: MR. RICHARD J. DVORAK 100 South Wacker Drive, Suite 3148 Chicago, Illinois 60606 Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 2 of 120 PageID #:450 2 1 APPEARANCES: (Continued) 2 For the Defendants: 3 4 5 GREENE & LETTS BY: MR. KEVIN T. LEE MR. MARTIN PETER GREENE 111 West Washington Street Suite 1650 Chicago, Illinois 60602 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mary M. Hacker Official Court Reporter United States District Court 219 South Dearborn Street, Suite 1212 Chicago, Illinois 60604 Telephone: (312) 435-5564 Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 3 of 120 PageID #:451 3 1 2 (Jury entered the courtroom.) THE COURT: Mr. Shyamani, if you have trouble 3 hearing anything, just raise your hand and I will have it 4 repeated, okay? 5 6 7 JUROR SHYAMANI: It shouldn't be, your Honor. Everyone who is talking is going to be on my left. THE COURT: The lawyers are all wearing body 8 microphones now. And if you need some water or something, 9 just nod as well. 10 Are both sides ready to proceed? 11 MR. TOPPEL: We're missing one of the parties. The 12 13 14 defendants went to get water. THE COURT: Okay. (Brief pause.) 15 MR. TOPPEL: Ready, Judge. 16 THE COURT: Does the plaintiff wish to make an 17 opening statement? 18 MR. TOPPEL: Yes, your Honor. 19 THE COURT: You may proceed. 20 MR. TOPPEL: Thank you, Judge. 21 22 23 24 25 OPENING STATEMENT ON BEHALF OF THE PLAINTIFFS MR. TOPPEL: May it please the Court, ladies and gentlemen of the jury. April 19th, 2008, should have been a quick trip to the corner store for Angel and Asia Moore. Angel Moore, Case: 1:10-cv-05371 Document #: 102 Filed:-07/31/12 Page 4 of 120 PageID #:452 4 Toppel opening 1 20 years of age, and her twin sister, Asia Moore, 20 years of 2 age, living in the same house together. 3 It was about 11:30 at night, 11:25 at night, and 4 they just wanted to go to the Citgo gas station, half a block 5 from their home, buy some chips, some pops and candy and some 6 cigars for their dad. They went to that corner store, they 7 made their purchases and they started to cross the street to 8 go back home. 9 I have to pause. Before I take you over to the 10 other side of the street where the action in this case takes 11 place, I need to tell you a few important facts. 12 One, the City of Chicago had recently enacted a new 13 curfew ordinance saying that after 11:00 o'clock on the 14 weekends, people under 17 years of age could not be out 15 without a parent or guardian. 16 Angel and Asia Moore were 20 at the time. They 17 were about five-foot-two, five-foot-one, both under 120 18 pounds. They had their hair in a ponytail, they were wearing 19 long-sleeved jackets. It was a little bit cool out. 20 The other thing that you need to know is before 21 they crossed the street and hear what happened across the 22 street, you need to know a lot about Angel Moore's visual 23 impairment history. 24 25 From an early age she had a condition called inflammatory uveitis, or uveitis, that affected both eyes. Case: 1:10-cv-05371 Document #: 102 Filed:-07/31/12 Page 5 of 120 PageID #:453 5 Toppel opening 1 And that swelling, that inflammation in the eyes, resulted in 2 quite a bit of medical treatment and surgeries to both eyes, 3 well before the date on April 19th, 2008. 4 In fact, on April 19th, 2008, before she crossed 5 that street, she was really completely blind in that left 6 eye. She really had no vision whatsoever in the left eye. 7 But that right eye, ladies and gentlemen, the 8 evidence will show in this trial, was her good eye. And 9 although it wasn't great in that eye, she got around 10 independently. 11 She didn't have a walking stick. She didn't have a 12 seeing eye dog. She didn't need a person to guide her during 13 the daytime. She got along prior to April 19th, 2008, on her 14 own. Her night vision was not good, though. 15 Now, Angel and Asia were about to cross that street 16 to go back home, and the defendant, Chicago Police Officer 17 Samuel Rawls, sitting here, and his partner, defendant 18 Richard Rodriguez, sitting here, were on patrol within the 19 Sixth District of the Chicago Police Department. That's on 20 the South Side of Chicago. And they were on a curfew 21 mission, and they were looking for youthful curfew violators. 22 And as their marked squad car headed north, they 23 saw the plaintiffs crossing the street. And without 24 activating their mars lights, the emergency equipment on 25 their car, or their kind of bullhorn in their car, they just Case: 1:10-cv-05371 Document #: 102 Filed:-07/31/12 Page 6 of 120 PageID #:454 6 Toppel opening 1 kind of casually said something to the girls, the young 2 ladies. Where are you guys going, they said. It seemed more 3 like a pickup line and a flirtation than an official request 4 for information from the girls. They politely and quietly 5 said home, and they crossed the street to the other side. 6 Now, what I didn't tell you is when the girls went 7 to that store, they didn't bring their purses, they didn't 8 bring their IDs. It was a two-minute there, two-minute back 9 situation. They had done this trip dozens of times in the 10 11 past without any problems. Officer Rawls and Rodriguez pulled into a parking 12 lot on the opposite side of that street on Halsted, what they 13 had crossed to, and officially stopped and detained them. 14 How old are you guys? Where are your IDs? The girls told 15 them, we're grown, we're not kids. We don't have our IDs. 16 We just live right up the street. We didn't bring our IDs. 17 Officer Rawls and Rodriguez said, you have to have 18 your IDs on you. We're taking you all in. And one of those 19 two police officers went around and took a pair of handcuffs 20 and cuffed the right wrist of Angel Moore to the left wrist 21 of Asia Moore using one set of metallic handcuffs, and 22 they're standing side-by-side cuffed on the street. 23 Now, this was very upsetting to Asia Moore, that 24 they had been handcuffed for a curfew violation that they 25 weren't guilty of. Officers, this is some bullshit, she told Case: 1:10-cv-05371 Document #: 102 Filed:-07/31/12 Page 7 of 120 PageID #:455 7 Toppel opening 1 them. Quite frankly, she did not use pretty language. This 2 is some bullshit. We're grown, we're not kids. Let me call 3 my mom. We live right down the street. She'll bring our 4 IDs. 5 No response from Rawls or Rodriguez to that very 6 reasonable request. Officer, I know my driver's license 7 number by heart. Run my driver's license number. You'll see 8 we're not kids, we're not 17. They didn't take them up on 9 that invitation. 10 Asia Moore then did something. Maybe it was 11 foolish but a lot of people would have done it. While she 12 was handcuffed to her sister, she reached inside her coat 13 pocket to retrieve her cell phone. She was going to call her 14 mom to bring the IDs down. And that must have alarmed 15 Officer Rawls because he forcibly grabbed her arm. It was a 16 cell phone, and he took that cell phone and he threw it down 17 forcibly on the hood of that police car. 18 Now, Asia Moore reacted to that. You're on some 19 bullshit. This is some bullshit, Officer. He said, you got 20 a smart mouth. And she said, fuck you. They were just 21 words. Sticks and stones may break your bones but names will 22 never hurt you. And these are trained Chicago law 23 enforcement officers that have to deal with that kind of 24 language. 25 Now, Officers Rawls and Rodriguez got out their Case: 1:10-cv-05371 Document #: 102 Filed:-07/31/12 Page 8 of 120 PageID #:456 8 Toppel opening 1 police equipment, their radio, and summoned for a female 2 officer to come to the scene and conduct a pat-down search of 3 these two young ladies that were standing in the street 4 cuffed arm and arm to one another. 5 And that's where the defendant, Jennifer Harris, 6 sitting at the end there, comes in. She was on duty, a 7 uniformed officer in the Sixth District. And her partner, 8 Adrian Vivanco, this gentleman sitting right here, they were 9 partners, police officers, and they arrived on the scene to 10 do the pat-down search. Officer Harris was going to do the 11 pat-down search. 12 Now, Officer Harris, ladies and gentlemen of the 13 jury, the evidence will establish, is about six-foot-three 14 and weighs about 210 pounds. And Officer Vivanco was a grown 15 man himself. 16 And when they arrived Asia Moore was having words, 17 just words, with Officer Rawls. And Officer Harris said, 18 shut up, bitches, get on the car, and approached closer to 19 where they were standing. Asia had some words for her: Who 20 you calling a bitch? And there were some words exchanged 21 back and forth. But they were just words. There was no 22 punching or kicking or fighting. Just words. 23 Angel Moore sat there quietly when this was going 24 on, handcuffed to her sister. There was nowhere she could 25 go. Case: 1:10-cv-05371 Document #: 102 Filed:-07/31/12 Page 9 of 120 PageID #:457 9 Toppel opening 1 Officer Harris got up behind the two girls. They 2 were right up on Officer Rawls' and Rodriguez's squad car; 3 they were up on the hood. And she slammed their heads into 4 the hood of that car and Angel Moore was disoriented. She 5 said, hold up, what's going on? And she raised up her head 6 and Officer Rawls punched her in the back of her head several 7 times, her head making contact with the hood of that car. 8 Ladies and gentlemen, prior to April 19th, 2008, 9 Angel Moore's right eye had been stable. She hadn't had a 10 surgery on that eye for years. 11 You're going to hear from an expert ophthalmologist 12 in this case; he's going to appear by way of video. Either 13 it's going to come down from over here or you're going to see 14 his testimony over here. And he's going to tell you, that 15 right eye that Angel Moore had, it was -- it was fragile from 16 the condition and from surgery, but it had been stable for 17 years. 18 And as a result of those punches -- and, by the 19 way, Officer Harris, she's not going to dispute that Angel 20 Moore was struck in the head. She's going to tell you she 21 delivered open hand head stuns to Angel Moore. Not punches, 22 she's going to tell you, but open hand head stuns, multiple 23 open hand head stuns, to Angel Moore. 24 25 Dr. Walter Jay, that's the expert ophthalmologist. You're going to hear about his credentials on the video. Case: 1:10-cv-05371 Document #:Toppel 102 Filed:-07/31/12 Page 10 of 120 PageID #:45810 opening 1 He's been practicing ophthalmology for 35 years. He's the 2 guy that teaches other doctors how to become 3 ophthalmologists. He's the guy that writes the questions for 4 the Board for Ophthalmology. He's the guy that gives the 5 oral examination for the doctors to become ophthalmologists. 6 He's at the top, the pinnacle, of his game. He's in 7 Singapore right now at a medical conference as an editor 8 related to ophthalmology. 9 And he's going to tell you as a result of that head 10 trauma -- whoever's version you believe, whether it was the 11 punching and the head hitting the squad car or the open hand 12 head stuns, as a result of that trauma to her head, her eye, 13 the vitreous fluid in that right eye started to hemorrhage. 14 And the pressure of the vitreous fluid leaking ultimately 15 caused her to have a detached retina to that right eye. 16 I'm going to stop you right there. At no time on 17 April 19th, 2008, did Angel Moore ever kick a police officer, 18 punch a police officer, gouge a police officer's hands. 19 At no point on April 19th, 2008, did Asia Moore 20 ever punch a police officer or fight or slap a police 21 officer. 22 What we expect the defendants, these police 23 officers, to say in this case is that Asia Moore -- strike 24 that. 25 What we expect Officer Rawls to say in this trial Case: 1:10-cv-05371 Document #:Toppel 102 Filed:-07/31/12 Page 11 of 120 PageID #:45911 opening 1 is that during that initial detention Angel Moore slapped him 2 in the right side of his face. That's what we expect him to 3 say. And that, if it happened, would be an aggravated 4 battery to a police officer, a felony, where you go to prison 5 for up to five years. 6 Now, let me tell you, that same day or the very 7 next day Officer Rawls went to fill out a felony complaint 8 for what's called -- for a case, for a criminal case. And 9 who did he say slapped him in that complaint? He said it was 10 Asia Moore that slapped him, not Angel. In his felony 11 complaint that he signed, his own handwriting and wrote out, 12 he said Asia Moore slapped him, not Angel. 13 Now, fast-forward ahead. About two years after 14 this encounter there was a criminal trial in the Circuit 15 Court of Cook County and Officer Rawls testified. And he was 16 asked to identify the individual that slapped him in the face 17 that night. And he got on the stand and he said, you know, 18 Judge, I need to take a better look. I need to go and see 19 what their eyes look like, because the way I could 20 distinguish one of these sisters from the other is how their 21 eyes looked. One of the girls had normal brown eyes, but the 22 other girl, there was something wrong with her eyes. She had 23 a glassy looking eye. 24 25 And all of the officers will tell you that on this night, they could all distinguish one sister from the other Case: 1:10-cv-05371 Document #:Toppel 102 Filed:-07/31/12 Page 12 of 120 PageID #:46012 opening 1 2 by the differences from their -- how their eyes appeared. Now, Officer Rawls, he got on that witness stand in 3 that criminal trial and he said, Asia Moore is the one that 4 slapped me in the face that night, without any qualification 5 or hesitation. But today, ladies and gentlemen of the jury, 6 he's going to reverse that testimony. And we expect him to 7 say it was Angel that slapped him, even though he testified 8 under oath in a criminal proceeding otherwise. 9 Now, Officer Harris is going to tell you -- we 10 expect Officer Harris is going to tell you that when she got 11 on the scene, that she was kicked in the kneecaps by Angel 12 Moore, that Asia Moore punched her in the head, and that 13 Angel Moore scratched her hand in the process of when she 14 approached to do the pat-down search. 15 And we expect Officer Harris to tell you, all that 16 fighting, all that kicking and punching and scratching, all 17 that took place when the girls were still handcuffed to one 18 another. That's what we expect her to tell you today. 19 But she gave a statement to a Chicago police 20 detective on the 20th, April 20th, 2010 (sic), a few hours 21 within this incident. And she told that detective, it was 22 after the girls were unhandcuffed, one from the other, that 23 the girls started to fight. 24 25 And Officer Harris filled out a few other reports. She filled out an Injured on Duty report. She didn't say Case: 1:10-cv-05371 Document #:Toppel 102 Filed:-07/31/12 Page 13 of 120 PageID #:46113 opening 1 anything about being punched in the head by Asia Moore during 2 the incident. Not a word about that. 3 And there were arrest reports filled out for both 4 of these girls by these officers. And the arrest report 5 indicates -- one of these arrest reports says it was Angel -- 6 Asia that scratched her, not Angel. 7 Ladies and gentlemen, the Judge told you you could 8 use your notes. Please keep track of the inconsistencies. 9 There are a lot of them. The officers will switch their 10 testimony about who did what to whom. 11 12 And there's an old saying, if you always tell the truth -- 13 14 THE COURT: Confine your comments to the evidence, Counsel. 15 MR. TOPPEL: Thank you, Judge. 16 At that criminal trial where these two young ladies 17 were on trial for felonies, aggravated battery to a police 18 officer, Officer Rawls testified, Officer Harris testified, 19 other Chicago police officers testified, the girls were 20 acquitted of everything. 21 They were in the Cook County Jail for about a week 22 fighting before they could bond out, before their families 23 could come up with the bond. And I'm not going to tell you 24 about what happened to them. They will tell you themselves 25 about being in the Cook County Jail for a week and how that Case: 1:10-cv-05371 Document #:Toppel 102 Filed:-07/31/12 Page 14 of 120 PageID #:46214 opening 1 affected them, being away from their families and their kids, 2 how it affected Angel being blind. 3 Now, I told you that Angel Moore had a detached 4 retina and the vitreous fluid hemorrhage in her right eye. 5 And when she got out of that Cook County Jail she called the 6 doctors and they got her in, and they scheduled an emergency 7 surgery. She had that surgery, and it was an invasive and 8 complicated, intense surgery on that right eye. And you'll 9 hear about that more from our doctor, Dr. Jay. 10 It turned out as a result of the trauma to her head 11 and the -- the trauma of the surgery itself was pretty 12 extensive. It was necessary but it was a pretty invasive 13 surgery. 14 The cornea on that right eye didn't do so well and 15 it decompensated, and a few months later Angel Moore had to 16 have retina surgery. Another human retina had to be grafted 17 to her eye. And you know what? Unfortunately that retina 18 did not work; it rejected it. And because that was her only 19 eye, her only good eye, they tried again. 20 And she had a third surgery on the right eye. 21 Another human tissue retina -- cornea, I'm sorry, human 22 cornea -- both of those second surgeries were cornea 23 surgeries to her right eye and, unfortunately, that one 24 rejected, too. 25 And then the doctors resorted to an artificial Case: 1:10-cv-05371 Document #:Toppel 102 Filed:-07/31/12 Page 15 of 120 PageID #:46315 opening 1 cornea, and it's called a KPro surgery, and that -- they 2 don't use human tissue. And when they use the artificial 3 cornea, it has the effect of severely constricting her 4 peripheral vision in that right eye. 5 And the best way -- Angel Moore is going to 6 describe how she can see today out of that right eye versus 7 how she could see before the incident. And what she's going 8 to tell you is now when she sees things, it's like looking 9 out of a McDonald's straw. That's the field of vision she 10 has, looking through that straw. And before it was more like 11 looking out of a cup, if you took the McDonald's cup and you 12 cut out the bottom of it. And that is how restricted her 13 vision is today. And she's going to tell you all the 14 independence that she had before she doesn't have now. 15 And they are their best witnesses for how this 16 incident has affected their lives. This never should have 17 happened. This was handled the wrong way. 18 We are suing these officers for falsely arresting 19 them, for subjecting them to excessive force during the 20 encounter, for failing to intervene, to stop each other from 21 using excessive force on these girls, for falsely imprisoning 22 them, for maliciously prosecuting them and battery. 23 And the City of Chicago, as it relates to our 24 malicious prosecution, false imprisonment and battery claims, 25 is a defendant. You can't see them, but the City of Chicago Case: 1:10-cv-05371 Document #:Toppel 102 Filed:-07/31/12 Page 16 of 120 PageID #:46416 opening 1 is in this case as a party defendant with respect to some of 2 our claims. 3 4 At the end of this case we are going to ask that you award these girls damages for this incident. 5 There are a lot of facts. I couldn't cover them 6 all here today. I ask you to pay close attention to the 7 evidence, rely on your notes. 8 9 And thank you for this opportunity. It's been a long time waiting to get to tell this story. 10 Thank you, Judge. 11 THE COURT: Thank you, Counsel. 12 Mr. Greene? Mr. Lee? 13 MR. GREENE: Mr. Lee. 14 MR. LEE: Thank you, your Honor. 15 THE COURT: Mr. Lee? 16 OPENING STATEMENT ON BEHALF OF THE DEFENDANTS 17 MR. LEE: May it please the Court, ladies and 18 gentlemen of the jury, Counsel -- 19 20 THE COURT: You're wearing a body mike, are you, Mr. Lee? 21 22 MR. LEE: Yes, sir, your Honor. I switched it to "on." 23 THE COURT: Okay. 24 MR. LEE: Why doesn't someone do something about 25 kids getting hurt and injured when there's senseless violence Case: 1:10-cv-05371 Document #: 102 Filed: Page 17 of 120 PageID #:46517 Lee - 07/31/12 opening 1 on the streets of Chicago? Why doesn't someone do something 2 about kids getting hurt on the streets of Chicago from 3 senseless violence? This question has been asked over and 4 over and over again in the City of Chicago. 5 Now, as Mr. Toppel told you, back in 2008 there was 6 a curfew ordinance in place in the City of Chicago that 7 required minors under the age of 17 or less to be off the 8 street by 10:00 o'clock during the week and 11:00 o'clock on 9 the weekends. 10 But just having an ordinance did not establish -- 11 did not get those minors off the street. In order for those 12 minors to be taken off the street so they would be safe and 13 wouldn't get harmed, someone had to do something to cause 14 that to come about. And so the police department had a 15 mission team, and that mission team was designed to do just 16 that. 17 Officers on the mission team were assigned to 18 identify minors who were on the street after curfew and get 19 them off the street. The thinking was, they would be safer 20 at home than on the street at night. 21 We know all too well how many situations there have 22 been where kids have gotten hurt or injured on the street 23 late at night. 24 25 Now, Officer Samuel Rawls and Officer Richard Rodriguez volunteered to be on the curfew mission team Case: 1:10-cv-05371 Document #: 102 Filed: Page 18 of 120 PageID #:46618 Lee - 07/31/12 opening 1 because they wanted to be the ones doing something about the 2 bad things that were happening to kids on the streets of the 3 City of Chicago. 4 Now, there are two sides to every story and 5 plaintiffs' attorney only told you the side that he wanted 6 you to focus on. 7 He didn't focus on the fact that Asia Moore slapped 8 Officer Rawls. He didn't focus on the fact that Officer 9 Rawls was kicked in the hand by the plaintiffs. He didn't 10 focus on fact that Angel Moore swung at Officer Rawls. He 11 didn't focus on the fact that Angel Moore repeatedly kicked 12 Officer Harris in her lower legs. He didn't focus on the 13 fact that Angel Moore scratched Officer Harris on her hand. 14 And he didn't focus on the fact that Asia Moore struck 15 Officer Harris in the head. 16 Ladies and gentlemen of the jury, I ask that you 17 keep an open mind and give these officers a fair trial and 18 not make up your minds until you have heard the whole story. 19 Now, I started out by asking, why doesn't someone 20 want to do something about getting kids off the street. And 21 the answer to that question is that Officer Rawls and Officer 22 Rodriguez were doing something about it. 23 They were on the streets every night getting kids 24 off the street if they were underage and out after curfew. 25 This is the job that they signed up for, this is the job that Case: 1:10-cv-05371 Document #: 102 Filed: Page 19 of 120 PageID #:46719 Lee - 07/31/12 opening 1 2 they did. Back at that time they were working first watch, 3 that time from 10:00 p.m. to 6:00 a.m. So they were giving 4 up their nights. They were working all night to keep minors 5 safe while others slept. 6 Now, it's important to know that if a minor gets 7 stopped for a curfew violation, these officers didn't arrest 8 that minor; they didn't take them to jail. If a minor 9 provided the necessary information, they would just take them 10 home. They would fill out a comment card and some paperwork 11 and they would take the minor home. 12 If they couldn't identify the minor's appropriate 13 address, then they would take them to the station so that 14 they could contact the parents and the parents could pick 15 them up from a safe location. 16 Now, why is all this relevant to this incident that 17 we're here for today? It's relevant because that's the 18 assignment that Officers Rawls and Rodriguez had on the 19 evening of April 19th of 2008. 20 Officers Rawls and Rodriguez weren't just hassling 21 these two young ladies. Officers Rawls and Rodriguez were 22 not speaking to them because they were trying to give them a 23 pickup line. 24 25 Officers Rawls and Rodriguez were doing their job. They were doing the same job that they had done many times Case: 1:10-cv-05371 Document #: 102 Filed: Page 20 of 120 PageID #:46820 Lee - 07/31/12 opening 1 before. 2 They had no intention of arresting these two young 3 ladies when they encountered them. All they wanted to do, as 4 they do many, many times before that and since that, was ask 5 these young ladies, because they appeared to be young to 6 them, what were their ages and whether or not they had 7 identification. And police officers who were doing a mission 8 team for curfew had a right to ask them those questions. 9 Now, the police have terminology for all the things 10 that they do. And to stop someone and ask them questions in 11 this fashion, the police refer to it as a field interview. 12 And they had a right to conduct a field interview with these 13 two young ladies to determine whether or not they were 14 underage. 15 Now, they stopped these two young ladies and they 16 indicated to them what they're doing, and they asked them for 17 their ages and their IDs. And what response do they get from 18 the young ladies? 19 Now, Mr. Toppel has already said that they used 20 profanity. And this is what they said to the officers: Fuck 21 you. I don't have to tell you anything. 22 The officers didn't hear them say, we've got -- we 23 don't have an ID on them. The officers didn't hear them say, 24 oh, we just live right down the street. The officers didn't 25 hear them say, let me call my mom and let her bring my ID. Case: 1:10-cv-05371 Document #: 102 Filed: Page 21 of 120 PageID #:46921 Lee - 07/31/12 opening 1 And after they tell the officers, fuck you, I don't 2 have to tell you anything, they just keep right on walking. 3 Now, at this point Officer Rawls and Officer Rodriguez, they 4 could have drove off. They could have just dropped the 5 situation right there. But if they had done that -- there's 6 no telling whether or not these were minors. They didn't 7 know whether these are minors that would get home safely that 8 night or not get home safely that night. 9 So they didn't ignore these two young ladies that 10 they thought were minors at the time. So instead, they 11 pulled their car around so that they can ask them some more 12 questions. Because when they're doing their job -- their job 13 isn't just to get minors off the street that are nice to 14 them. Their job isn't just to get minors off the street that 15 are polite to them. Their job is to do their best to get 16 minors off the street if they are underage so that nothing 17 bad will happen to them. 18 So they pull around and they get out of the squad 19 car and they approach Angel Moore and Asia Moore. They pull 20 up on the northeast corner of 76th and Halsted in the City of 21 Chicago and they asked them again for ID and their ages. And 22 what response do they get the second time? Fuck you. I 23 don't have to tell you anything. 24 25 The officers never hear plaintiffs say, we don't have our IDs on us. The officers never hear the plaintiffs Case: 1:10-cv-05371 Document #: 102 Filed: Page 22 of 120 PageID #:47022 Lee - 07/31/12 opening 1 say, we live right down the street. The officers never hear 2 from these plaintiffs, um, let me call my mom so she can 3 bring our information down. 4 Now, Mr. Toppel pointed out that Angel Moore has 5 visual problems. And on the night of April 19th, 2008, she 6 also had visual problems at that time. 7 Well, that's something that it might have been good 8 for those officers to know, but Angel Moore didn't tell 9 Officers Rawls or Rodriguez that she had vision problems that 10 evening. Asia Moore didn't tell Officers Rawls or Rodriguez 11 that Angel Moore had visual problems that evening. 12 All the officers got from these two young ladies 13 were profanities and no cooperation. Remember their 14 comments: Fuck you. We don't have to tell you anything. 15 So after they get out of the car and they are 16 engaging in this field interview with the two young ladies, 17 as they are speaking to them Asia Moore reaches over and 18 reaches into a pocket on her sister. 19 Now, Officer Rawls sees this. And as a police 20 officer, they are trained to be cautious when they see 21 someone reaching into a pocket or closed compartment, because 22 they don't know what's going to come out of that pocket. 23 They don't know if there's going to be a knife, they don't 24 know if there's going to be a gun, they don't know if there's 25 going to be a cell phone. They don't know what's coming out, Case: 1:10-cv-05371 Document #: 102 Filed: Page 23 of 120 PageID #:47123 Lee - 07/31/12 opening 1 but it's best not to wait and see. 2 So what does Officer Rawls do, like any good 3 officer? He tries to stop her from reaching into that pocket 4 because he doesn't know what's going to come out of the 5 pocket. 6 So he grabs for her hand. And as he grabs for her 7 hand, she gets shocked and she backhands him and smacks him 8 across the face, on the right side of his face. 9 (Indicating.) 10 11 12 Now, this started out as just a normal curfew stop, but now this has escalated to a battery on a police officer. Now, it's important to know that before Officer 13 Rawls was struck in the face, he had not struck Asia Moore. 14 He had no reason to believe this was anything other than a 15 normal curfew stop that he had done time after time after 16 time. He wasn't looking for a confrontation. He wasn't 17 looking for an altercation. They were just doing their jobs. 18 And Officer Rodriguez had not done anything to Asia 19 Moore or Angel Moore. They hadn't even raised their voice. 20 They weren't the ones that were angry. They weren't the ones 21 who were using profanity. 22 Now, once Officer Rawls gets slapped, then Officer 23 Rodriguez sees that this situation is starting to escalate. 24 And once he sees that it's starting to escalate, he feels 25 like he's got to move in so the situation won't get out of Case: 1:10-cv-05371 Document #: 102 Filed: Page 24 of 120 PageID #:47224 Lee - 07/31/12 opening 1 2 control. Now, when you're a police officer there are times 3 where you have to act quickly. And you or I, having the 4 benefit of looking at it in 20/20 hindsight, might have done 5 it differently. But the appropriate perspective to analyze 6 the situation is what was going through the officer's mind at 7 the time that these events were unfolding in real-time. 8 9 And it's also important to note that police officers, when they are doing their job, they have the right 10 to use reasonable force. They don't have to stand by while 11 they are slapped and punched and kicked, even if it's by a 12 female, even if it's by someone who is smaller in stature 13 than them. 14 The law allows them to use reasonable force to 15 execute and enforce the law. If they are arresting a person, 16 they can use reasonable force to protect themselves or to 17 protect others. 18 So we're at the point where Rawls has just gotten 19 slapped by Asia Moore. And what does Officer Rodriguez do? 20 He wants to stop this situation from escalating, so he 21 quickly pulls out his handcuffs and he handcuffs Asia Moore 22 to Angel Moore, side-by-side. He didn't do it behind the 23 back. He did it in a split second because all he wanted to 24 do was to gain control of the situation. 25 And once he does that, we now have a situation Case: 1:10-cv-05371 Document #: 102 Filed: Page 25 of 120 PageID #:47325 Lee - 07/31/12 opening 1 where we have these two young ladies, they are handcuffed 2 together, they have committed a battery on a police officer, 3 so Officer Rodriguez knows that they are going to have to 4 arrest them. He calls for a female officer to come out and 5 do a pat-down search of these two young ladies since they are 6 females. 7 Now, all the time that this is going on, Asia Moore 8 and Angel Moore are continuing to yell and scream obscenities 9 at these officers, constantly yelling and screaming 10 11 obscenities at them. So Officer Rawls and Officer Rodriguez step back. 12 They don't escalate the situation any more. They've got them 13 under control, they don't appear to be a threat, and they 14 just wait for the female search to come. 15 Officer Harris and Officer Vivanco get a radio 16 transmission. The radio transmission says we need a female 17 to do a search at 76th and Halsted. They grab the radio, 18 accept the call, and they say, we're on our way. 19 They get to the scene, get out of their car. They 20 go over, they see the two women, Angel and Asia Moore, and 21 their backs are to Harris and Vivanco. They are still 22 yelling and screaming obscenities, they are upset. 23 Officer Harris goes over because she knows she's 24 there to do a pat-down of these two women. And she goes 25 behind Angel Moore and she says, I'm going to do a protective Case: 1:10-cv-05371 Document #: 102 Filed: Page 26 of 120 PageID #:47426 Lee - 07/31/12 opening 1 pat-down, and before she can finish the sentence Angel Moore, 2 who was facing away from her and toward the squad car, pushes 3 her foot out and kicks Officer Harris in the knee. 4 Now, before Officer Harris got kicked in the knee, 5 she had not struck Angel Moore, she had not kicked Angel 6 Moore. She had not done anything to provoke being kicked in 7 the knee by Angel Moore. 8 9 Now Officer Harris feels, okay, we've got some people we can't control, they are both handcuffed 10 side-by-side. I need to get a key in those handcuffs and get 11 those two women separated. So that's what she's going to try 12 to do, so she re-approaches. 13 Angel Moore falls to the ground. And once Angel 14 Moore is on the ground, she doesn't stop resisting Officer 15 Harris. She starts to kick -- turn her legs as though she's 16 peddling a bicycle, but with each kick she's -- with each 17 turn she's kicking the knees of Officer Harris. She's 18 bicycle-kicking Officer Harris while she's on the ground, and 19 Officer Harris is trying to get the cuff off of her so she 20 can separate the two young ladies. 21 Now, while this is going on, she's still cuffed to 22 her sister Asia, and Asia gets in on the altercation and 23 starts to swing her right hand at Officer Harris. She swings 24 a few times and she connects and hits Officer Harris in the 25 head. Case: 1:10-cv-05371 Document #: 102 Filed: Page 27 of 120 PageID #:47527 Lee - 07/31/12 opening 1 Officer Vivanco, who was with her, sees this and 2 sees that she needs help because both of these young ladies 3 are not cooperative and they are committing violent acts of 4 battery on these two police officers. 5 So Officer Vivanco steps in and he grabs Asia 6 Moore's arm so she will stop beating up his partner, and he's 7 -- he tries to put her arm -- Asia Moore's arm behind her 8 back so he can get her cuffed separately from Angel Moore. 9 Meanwhile, Officer Harris is still trying to get 10 Angel Moore under control and get her handcuffed, and so she 11 gives her commands. She says, stop resisting. Angel Moore 12 continues to kick at her. She continues with the 13 obscenities. She continues not to comply with her verbal 14 commands. 15 Now, when police officers are on the street they 16 have all sorts of training and background in terms of use of 17 force, of things that they can do to try to get compliance 18 out of suspects when they don't comply with their lawful 19 request. So there were any number of things that Officer 20 Harris could have done to try to get Angel Moore under 21 control and stop getting kicked and scratched by Angel Moore. 22 Well, what did she choose to do? She chooses to 23 use an open hand head stun. Now, this is a technique that 24 they were trained on at the police academy. It's not 25 designed to harm this young lady. It's only designed to Case: 1:10-cv-05371 Document #: 102 Filed: Page 28 of 120 PageID #:47628 Lee - 07/31/12 opening 1 disorient the suspect temporarily so that you can get them 2 under control and get the cuffs on them or whatever you need 3 to do with the suspect. 4 So she says, stop resisting. Doesn't get any 5 compliance. She gives her a head stun. She gives her a 6 couple of them, and she gets her under control and she gets 7 the cuffs on her. She used the minimum amount of force that 8 she could to get that situation under control, the minimum. 9 Now, she's struggling to get those cuffs on Angel 10 Moore. Meanwhile, Officer Vivanco is trying to get Asia 11 Moore under control and she is not cooperating with his 12 attempts to handcuff her. 13 What does he do? Same thing. He says to her in a 14 loud voice, stop resisting, put your hands behind your back. 15 Stop resisting, put your hands behind your back. Does he get 16 compliance? No. She still is resisting, she's still 17 struggling with him, still not cooperating and putting her 18 hands behind her back. 19 So what does he do? He gives her -- he also gives 20 a head stun to get her to cooperate. Same thing. Not 21 designed to hurt but to get compliance. He gets that arm, he 22 gives her a wrist lock and an arm bar, where he pushes down 23 on the arm just so he can move it behind her back. 24 25 And then Officer Rodriguez, who had been looking out toward the crowd and he had an interaction with the Case: 1:10-cv-05371 Document #: 102 Filed: Page 29 of 120 PageID #:47729 Lee - 07/31/12 opening 1 father of the two young ladies who had come to the scene, he 2 sees that Officer Vivanco is struggling to get these cuffs on 3 Asia and he comes by and helps, and they get Asia handcuffed 4 and put her in the squad car. 5 Meanwhile, Officer Rawls sees that Officer Harris 6 needs help and he comes over and helps her finish handcuffing 7 Angel Moore, and she's put into a separate car. 8 Now, this was a chaotic scene. It was 11:30 in the 9 evening, it was on the street, it was dark. During this 10 entire episode the plaintiffs were screaming at Officers 11 Rawls, Rodriguez, Harris and Vivanco, and their attention at 12 various points in time was focused on either one of these two 13 women as they struggled to get them under control. 14 And so all of these officers saw various, different 15 parts of this entire transaction. Not one officer saw 16 everything that happened with every person for that entire 17 transaction. And mind you, this all happened very, very 18 quickly. 19 So each officer will testify of their own 20 recollection and from their own point of view. So there are 21 going to be differences in how they recall the events. 22 Now, they had to prepare police reports as a result 23 of this incident. And, quite frankly, some errors were made 24 in those reports. Some of those errors centered around the 25 difficulty that they had identifying Asia and Angel Moore, Case: 1:10-cv-05371 Document #: 102 Filed: Page 30 of 120 PageID #:47830 Lee - 07/31/12 opening 1 and you can certainly understand. They both look alike, they 2 both have names that start with A. Even Mr. Toppel, I think, 3 said Asia when he meant Angel and Angel when he meant Asia. 4 So that happened to seep into the police reports. 5 But, ladies and gentlemen, these officers were not 6 charged with having bad police reports. They were charged 7 with excessive force. 8 9 And although there are some mistakes in those police reports, there are certain things that will be 10 constants throughout this lawsuit. And those constants are 11 that the plaintiffs, not the police officers, were angry, 12 they were profane, and they were hostile to all of these 13 officers who were just doing their jobs on April 19th, when 14 these events occurred. 15 16 17 No officer touched either of the plaintiffs until they engaged in violence against the officer. Officer Rawls was slapped, Officer Harris was 18 kicked, punched in the head and scratched on the hand. Both 19 plaintiffs resisted the officers' attempts to handcuff them. 20 These actions by the plaintiffs formed the basis 21 for the charges that were legitimately brought against Angel 22 and Asia Moore. 23 Now, I said earlier that officers have a right to 24 use reasonable force to protect themselves. They do not have 25 to be slapped, punched and kicked by the plaintiffs. In this Case: 1:10-cv-05371 Document #: 102 Filed: Page 31 of 120 PageID #:47931 Lee - 07/31/12 opening 1 case, these officers managed to handcuff Angel and Asia Moore 2 and take them from the scene without any injuries. 3 You will see no pictures of bumps, bruises or cuts 4 on the plaintiffs as a result of this incident. Asia Moore 5 did not complain of injury, nor did she seek any medical 6 treatment. Angel Moore went to the emergency room and was 7 treated and released. 8 9 Now, Angel Moore had eye problems, but those eye problems were not caused by this incident with these 10 officers. And everything, everything that happened to the 11 plaintiffs that evening, happened as a result of their 12 behavior toward these officers. 13 The evidence will show that the only excessive 14 force that was used in this case was used by the plaintiffs, 15 Angel and Asia Moore, against these officers in slapping, 16 punching and kicking these officers. That is why at the 17 close of all the evidence we will ask that you return a 18 verdict of not guilty for Officers Rawls, Rodriguez, Harris 19 and Vivanco. 20 Thank you. 21 THE COURT: Thank you, Mr. Lee. 22 Would you call your first witness, please. 23 MR. ALLEGRETTI: Thank you, Judge. May I call our 24 25 first witness? THE COURT: Certainly. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 32 of 120 PageID #:48032 Angel Moore - direct 1 MR. ALLEGRETTI: Thank you. Calling Angel Moore. 2 MR. TOPPEL: Judge, with the Court's permission, 3 can Asia assist her to the stand? 4 THE COURT: Sure. 5 MR. TOPPEL: Thank you. 6 ANGEL MOORE, CALLED IN HER OWN BEHALF, DULY SWORN 7 DIRECT EXAMINATION 8 BY MR. ALLEGRETTI: 9 Q. 10 Angel, can you see me all right from here? Can you see me at all? 11 I'll walk up, all right? 12 A. Okay. 13 Q. Can you see me now? You see me? 14 A. Come closer. 15 16 17 18 Okay. Q. Okay. MR. ALLEGRETTI: Judge, may I conduct my examination from here? 19 THE COURT: Certainly. 20 A JUROR: I can't hear her. 21 THE COURT: Okay. Just count to ten if you would, 22 23 24 25 Ms. Moore? (Witness complies.) MR. ALLEGRETTI: Look at me when you do it instead of into that, then we'll get a true sound. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 33 of 120 PageID #:48133 Angel Moore - direct 1 Try it one more time looking at me. 2 (Witness complies.) 3 THE COURT: Try it again. 4 (Witness complies.) 5 THE COURT: Okay. 6 MR. ALLEGRETTI: Thank you, Angel. 7 BY MR. ALLEGRETTI: 8 Q. 9 jury your name, please. Angel, would you tell the ladies and gentlemen of the 10 A. Angel Moore. 11 Q. How old are you, Angel? 12 A. I'm 25. 13 Q. And where do you live? 14 A. 7241 South Emerald. 15 Q. And what's your date of birth? 16 A. 5-29-87. 17 Q. Now, how tall are you? 18 A. Five-two, five-two-and-a-half. 19 Q. And is that about the same height? You haven't grown 20 any since 2008, have you? 21 A. I don't believe so. 22 Q. Okay. How old were you on April 19th, 2008? 23 A. 20, going on 21. 24 Q. And how much did you weigh then? 25 A. About 108. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 34 of 120 PageID #:48234 Angel Moore - direct 1 Q. And how far did you go in school? 2 A. To eleventh grade. 3 Q. Eleventh grade? 4 A. Yes. 5 Q. Now, on April 19th, 2008, when you woke up that day 6 could you see? 7 A. Yes. 8 Q. Describe your vision for me that day, what it was? 9 A. It was fine. I was able to see what was around me, 10 people that was around me, lights, figures, objects, colors. 11 I was able to see good enough to make it on my own. 12 Q. All right. Was your vision clear or blurry? 13 A. It was blurry. 14 Q. Could you clear it up if you used special tools or 15 special assistance? 16 A. Yes. 17 Q. What kind of things did you need? 18 A. I would use contacts. I -- contacts -- I have contacts. 19 Other than that, you know, like as far as school stuff, I 20 have accommodations, large print books, large print papers, 21 stuff like that. 22 Q. 23 incident? 24 A. I'm sorry, I don't understand. 25 Q. Could you read print? Okay. Now, could you read then in 2008, before this Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 35 of 120 PageID #:48335 Angel Moore - direct 1 A. Yes. 2 Q. Okay. Was that with the large print books? 3 A. Yes. 4 Q. When you went to school, was it a special school? 5 A. Yes. 6 Q. What kind of accommodations did they make to help you 7 read or work at school? 8 A. 9 would sit me in front of the classroom. I would sit in the The teacher was aware of my vision problems, so they 10 front to see the board, get large print books, large print 11 papers. I have resources where if I needed like any other 12 assistance, I'll go to another classroom and they will help 13 me. They have CCTVs; that's a video monitor that you put a 14 paper on it and it blows it up. 15 Q. Any of that work today for you? 16 A. Not really. I don't have a CCTV now, so I can't tell 17 you if it would work for me now. 18 Q. All right. We'll get back to your vision in a bit. 19 A. Okay. 20 Q. Now, on that day -- did you have any plans on that day, 21 meaning April 19th, 2008? 22 A. 23 brother but I had missed the bus. 24 Q. Pardon me? 25 A. I missed the bus. I had made arrangements to go to Minnesota to see my Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 36 of 120 PageID #:48436 Angel Moore - direct 1 Q. All right. What bus was that? 2 A. It was the Megabus. 3 Q. Is that like a private bus line? 4 A. Yes. It's something like the Greyhound. We just call 5 it the Megabus. 6 Q. How were you going to take that Megabus? 7 A. I was going to take it that night. I had got a ride to 8 the bus, actually, and I was going to take it to Minnesota. 9 It was an eight-hour ride. 10 Q. Who was going to be on that bus with you? 11 A. No one. 12 Q. Just other passengers? 13 A. Yes. 14 Q. You were able to do that -- 15 A. Yes. 16 Q. -- with your vision as it was then? 17 A. Yes. 18 Q. What time was that bus leaving, do you remember? 19 A. I think that bus was scheduled to leave at about 10:30. 20 Q. Did you make the bus? 21 A. No. I was like five minutes late. 22 Q. How were you getting over there? 23 A. My Uncle Rafael. 24 Q. After you missed the bus, what happened? 25 A. I went home. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 37 of 120 PageID #:48537 Angel Moore - direct 1 Q. Rafael drive you? 2 A. Yes, Rafael drive me back to my house. 3 Q. Was Asia with you? 4 A. Yes, Asia was with me at the time. 5 Q. Was she going to take that bus with you? 6 A. No. She was going to help me find the bus because we 7 never been there before and we wasn't exactly sure where it 8 was. And it's downtown so my uncle couldn't park, so she had 9 to go with me. 10 Q. 11 back inside? 12 A. 13 suitcase and my dad asked me and Asia to go to the store for 14 him. 15 Q. Where was the store located? 16 A. About a block away from my house on 76th and Halsted. Now, when you missed the bus and went home, did you go Yeah, I went home. I went in the house, dropped off my 17 THE COURT: Mr. Allegretti, that podium is on 18 wheels. If you would be more comfortable, you can pull it up 19 there. 20 MR. ALLEGRETTI: Judge, I'm just -- I'm a little 21 uncomfortable not being able to be at the end of the jury box 22 and I'm trying to do both. But -- I think I'm comfortable 23 without this. 24 THE COURT: All right. It's up to you. 25 MR. ALLEGRETTI: Thank you for your consideration, Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 38 of 120 PageID #:48638 Angel Moore - direct 1 Judge. 2 BY MR. ALLEGRETTI: 3 Q. Now, you were going to the store? 4 A. Yes. 5 Q. Where was that located? 6 A. On 76th and Halsted. 7 Q. And is that the -- what kind of store is it? 8 A. It's a Citgo gas station. 9 Q. So they've got a Quick Mart in there? 10 A. Yes. 11 Q. Who went? 12 A. Me and Asia. 13 Q. At about what time was it? 14 A. It was like 11-something. I'm not exactly sure. I know 15 it was past 11, though. 16 Q. Was your vision stable on April 19th, 2008? 17 A. Yes, it was. 18 MR. GREENE: Objection. 19 THE COURT: I will let the answer stand. 20 BY MR. ALLEGRETTI: 21 Q. Your answer was yes? 22 A. Yes, sir. 23 Q. When did you last have any surgeries on your eyes prior 24 to April 19th, 2008? 25 A. The last surgery I had, it was in November, 2002. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 39 of 120 PageID #:48739 Angel Moore - direct 1 Q. 2 between then and 2008? 3 A. No. I was doing fine. 4 Q. How often were you seeing your eye doctors coming up to 5 2008, April? 6 A. I was seeing them once a year. 7 Q. What's wrong with your eyes, Angel, before this incident 8 on April 19th? 9 A. I have glaucoma. 10 Q. And which eye was good, if either one of them were good, 11 on April 19th? 12 A. My right eye. 13 Q. That was the good eye? 14 A. Yes. 15 Q. How about the left eye? That's the one that looks 16 better. 17 A. No, I wasn't able to see anything out of the left eye. 18 Q. So you were completely blind in your left eye then? 19 A. Yes. 20 Q. And you're still blind in your left eye, correct? 21 A. Correct. 22 Q. So who went with you to the Citgo? 23 A. My sister Asia. 24 Q. Now, when you're walking to the Citgo, it's nighttime? 25 A. Yes. Since then had you had any problems with your eyes Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 40 of 120 PageID #:48840 Angel Moore - direct 1 Q. Back then how was your vision at night? 2 A. It was -- I certainly need assistance. 3 Q. You needed assistance at night? 4 A. Yes. 5 Q. When you went to the Citgo, which way did you go? 6 A. We walked east. We came out of the building and went 7 east -- no, west -- I'm sorry, west. 8 Q. At that time you lived at 708 West 76th? 9 A. Correct. 10 Q. So you were about how far from Halsted? 11 A. A block. 12 Q. So you walked west on 76th? 13 A. Correct. 14 Q. When you got to Halsted did you have to cross it? 15 A. Yes. We have to cross Halsted and 76th. 16 Q. So when you crossed Halsted, then you had to turn left 17 and cross 76th? 18 A. Correct. 19 Q. And the Citgo, what corner is that on of 76th and 20 Halsted? 21 A. It is on the southwest corner. 22 Q. All right. I take it you went in? 23 A. Yes. 24 Q. Made some purchases? 25 A. Correct. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 41 of 120 PageID #:48941 Angel Moore - direct 1 Q. Left? 2 A. Yes. 3 Q. What were you carrying, if anything, when you left? 4 A. Some cigars. 5 Q. And do you know if Asia had anything in her hands when 6 she left? 7 A. Yes. She had some candy and a pop, if I'm not mistaken. 8 Q. A pop? 9 A. Yes. 10 Q. Did you have any IDs with you at that time? 11 A. No. 12 Q. Where were they? 13 A. My ID was in my suitcase. 14 Q. Your suitcase? 15 A. Uh-huh. 16 Q. That you had for the trip to Minnesota on the Megabus? 17 A. Correct. 18 Q. When you came out, what was the first street you 19 crossed? Did you cross Halsted or did you cross 76th? 20 A. We crossed 76th Street first. 21 Q. So you crossed, and now you're on the northwest corner 22 of 76th and Halsted, right? 23 A. Correct. 24 Q. Did you start to cross to the other side of Halsted? 25 A. Yeah, we was attempting to. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 42 of 120 PageID #:49042 Angel Moore - direct 1 Q. What happened as you got ready to cross Halsted? 2 A. A police car had pulled in front of us. 3 Q. Now, Halsted is one way or two ways? 4 A. Two. 5 Q. So when they pulled in front of you, where did they come 6 from and which way were they facing? 7 A. 8 crossed into the traffic because they was kind of blocking 9 traffic going south. They came from the east, south side, because they 10 Q. 11 north on Halsted or were they facing south on Halsted? 12 A. They was facing north when they pulled up on us. 13 Q. So then they would be in the southbound lanes but facing 14 the wrong way, right? 15 A. Correct. 16 Q. Okay. Did they say anything -- did you hear anybody say 17 anything at that point from the police car? 18 A. Yes. They asked us where was we going. 19 Q. What kind of tone of voice did they have? 20 A. Just like I'm talking, saying, where you all going? 21 Q. What did you think they meant? 22 A. Honestly, I thought they was trying to like talk to us 23 because they didn't say nothing like, excuse me, ma'am, where 24 you all going, or it's curfew time, or anything that would 25 say that they trying to pull us over. So when they pulled up in front of you, were they facing Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 43 of 120 PageID #:49143 Angel Moore - direct 1 Q. 2 Does that mean -- 3 A. I would say flirted with us or pick us up. 4 Q. Okay. What did you and Asia do? 5 A. We was going home, and we proceeded to walk behind their 6 car to cross the street because we was already kind of like 7 in the street. 8 Q. 9 it? When you say trying to talk to us, what does that mean? Were they blocking the whole crosswalk or just part of 10 A. 11 car. 12 Q. 13 side of Halsted? 14 A. Yes. 15 Q. Now you're on the east side of Halsted, right? 16 A. Yes. 17 Q. When you get to the east side of Halsted, is that police 18 car still behind you or is it moving? 19 A. 20 across the street and on the curb, they came from where they 21 was and ended up on the side in front of us. 22 Q. 23 northeast corner of Halsted and 76th, kitty-corner opposite 24 the Citgo? 25 A. The whole crosswalk, because we had to walk behind their When you walked across Halsted, did you reach the other They moved by this time -- by the time we got almost Now, at that corner -- now we're talking about the Correct. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 44 of 120 PageID #:49244 Angel Moore - direct 1 Q. Is there a parking lot there? 2 A. Yes. It's a tire shop. They had their own parking lot. 3 Q. And when these police -- when this police car pulled up 4 there, did it pull into the parking lot? 5 A. 6 but the rest of their car was in the parking lot. 7 Q. What happened when that car pulled up? 8 A. The officers got out of the car. 9 Q. Both of them or just one? 10 A. Both of them. 11 Q. How could you tell that? 12 A. Because I heard the doors close and I heard two people 13 talk to me and Asia. 14 Q. 15 they say or do, that you know? 16 A. 17 that we was going home. And they said, don't you all know 18 what time it is? It's curfew time. And we said that we was 19 grown, so -- 20 Q. You told them you were grown? 21 A. Yes, we told them that we was grown. 22 Q. Does that mean grown up? 23 A. Yes, grown up, grown. So we thought they -- 24 Q. What did they say about that? 25 A. One of the officers had said that, you all should have Yes, but they -- their wheels was like on the sidewalk What, if anything, happened when they got out? What did They asked us again where we was going and we told them Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 45 of 120 PageID #:49345 Angel Moore - direct 1 your IDs on you. We gonna have to take you all in because 2 you all forgot your IDs on you all. And then another one of 3 the officers had handcuffed me and Asia together. 4 Q. When did this handcuffing take place? 5 A. While the other officer was saying, we gonna take you 6 all in for not having your IDs because you all supposed to 7 have them. 8 Q. At this point had you or Asia sworn at these officers? 9 A. No, not at that point. 10 Q. Did some swearing take place? 11 A. Yes, it did. 12 Q. By who? 13 A. Asia. 14 Q. Was this before or after the handcuffs went on? 15 A. After the handcuffs. 16 Q. What was said that you heard? 17 A. I'm not exactly sure, but I know that she was telling 18 him, this some bull -- this some bullshit. 19 Q. All right. What happened after that? 20 A. The man -- Asia and one of the officers started having a 21 verbal conversation that I'm really not sure what they was 22 saying. 23 Q. 24 this point? 25 A. Where are you and Asia in relation to the squad car at We still on the side of -- the side and the front of Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 46 of 120 PageID #:49446 Angel Moore - direct 1 they squad car. 2 Q. Had you moved to the front of the hood? 3 A. No, not at this time. 4 Q. Now, at this point did Asia reach for a phone that you 5 know of? 6 A. Not at that time. 7 Q. When did that happen? 8 A. That happened a little bit after her and the man was 9 having the words, because she -- he said she -- he said, you 10 all should have your IDs on you all. And then Asia said, we 11 all stay up the street. We can run down there and get them 12 or you can run our names, I know my ID number. And then one 13 of the officers said, no, you all should have been already 14 had that. You all shouldn't come outside without your IDs. 15 And Asia offered to go home and said, this some 16 bullshit. And I guess she had went for her phone and one of 17 the officers had snatched her hand because when he snatched 18 her arm he kind of pulled me, too, because, mind you, we 19 already handcuffed together. 20 Q. 21 grabbed the phone? 22 A. Correct. 23 Q. All right. And what happened to you relative to the 24 handcuffs when that happened? 25 A. So one of the officers snatched at her hand when she I just moved a little bit with Asia because he had Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 47 of 120 PageID #:49547 Angel Moore - direct 1 snatched her, so I kind of jerked with her. 2 Q. Now, what happened after that? 3 A. After that he had told her like, don't you ever reach in 4 your pocket again in front of a police officer. We could -- 5 I'm not exactly sure what he said. I know he said something 6 in regards to, we could apply the force to you for doing that 7 because he don't know what she was doing. 8 Q. 9 of the car? Are you still beside the car or are you moved in front 10 A. 11 his hood. It went on top his head and fell onto the ground 12 when he threw it. 13 Q. 14 coming? 15 A. 16 Now we in front of the car because the phone went over At this point did you hear anything about another squad Yeah. I'm sorry. He called the squad car -- one of the officers 17 called the squad car when they was -- after they had 18 handcuffed us and Asia and the other officer was having their 19 words. That's why I hear what they saying because I heard 20 him getting on the walkie-talkie and saying, we need female 21 officers on 76th and Halsted. 22 Q. 23 female officer arrived? 24 A. Not long. About three, four minutes. 25 Q. And that was Officer Harris? How long after that call was made was it before the Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 48 of 120 PageID #:49648 Angel Moore - direct 1 A. Yes. 2 Q. You were still in front of the squad car? 3 A. Yes. 4 Q. When Officer Harris -- 5 MR. GREENE: Objection for one second, Judge. 6 THE COURT: I beg your pardon? 7 MR. GREENE: Since this is so crucial, can we just 8 not lead so much? 9 10 THE COURT: I will ask to you avoid leading the witness. 11 MR. ALLEGRETTI: Thank you. 12 BY MR. ALLEGRETTI: 13 Q. 14 you in relation to the squad car? 15 A. 16 because I was on the left side, she was on the right. We was 17 looking into the squad car, so we was facing the squad car 18 now. 19 Q. Were you facing the windshield then, do I understand? 20 A. Yes, you got it correct. 21 Q. All right. 22 At the time that the second officer arrived, where were Me and Asia was in front of the squad car at this time What happened next relative to the officer who 23 came, meaning Officer Harris? 24 A. 25 saying, bitches, shut up. And after that I heard some doors I remember hearing the car pull up and I heard a lady Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 49 of 120 PageID #:49749 Angel Moore - direct 1 slam, and then I heard the lady come up behind us and she 2 said, bitches, didn't I tell you to shut up? I said, who the 3 fuck you talkin' to? And she said, shut the fuck up. She 4 said, fuck you. And then -- 5 Q. Asia said, fuck you? 6 A. I'm sorry, yes. Asia told her, fuck her. 7 Q. All right. And then what happened? 8 A. The lady -- the police lady? 9 Q. Uh-huh. 10 A. -- was standing in between me and Asia. And when Asia 11 told her fuck up -- when Asia told her, fuck her, she had 12 slammed my head on the hood of the car. 13 Q. Who did that? 14 A. The officer police lady. 15 Q. Harris? 16 A. Yes. 17 MR. GREENE: Objection to leading. 18 THE COURT: Yes. Avoid leading the witness. 19 BY MR. ALLEGRETTI: 20 Q. 21 what part of your face hit the hood? 22 A. My forehead -- my forehead had hit the car. 23 Q. What did you do when your -- when she slammed your head 24 into the hood of the car? 25 A. When she slammed your face into the hood of the car, I put my head up, like (unintelligible). Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 50 of 120 PageID #:49850 Angel Moore - direct 1 THE COURT REPORTER: Would you please repeat that? 2 THE COURT: I can't understand her. 3 BY MR. ALLEGRETTI: 4 Q. Go slowly and do your best. 5 A. I had told her -- told her -- I told her to wait a 6 minute, to wait a minute, let me explain what's going on. 7 And I think that kind of just like kicked it off because she 8 started punching me in the back of my head, and my head was 9 slamming -- slamming the hood of the car. And then she 10 snatched me by my neck and threw me on the ground, and she 11 started kicking me and kicking me, and I was being dragged by 12 Asia because I was in handcuffs. And she dragged me and she 13 was kicking me -- 14 15 MR. GREENE: Objection to the narrative answer, Judge. 16 THE COURT: Overruled. 17 BY THE WITNESS: 18 A. 19 ground, another lady started kicking me, too. So by the time 20 they kicking me, I was almost up under their car. The lady -- then she was -- as she was kicking me on the 21 Next thing I know, someone -- somebody helped me to 22 my feet, somebody pulled me to my feet. And she was about to 23 handcuff us and she said, I was -- they already fucking 24 handcuffed. Who handcuffed them? And that's when the man 25 was like, I fucking handcuffed them already. And he threw Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 51 of 120 PageID #:49951 Angel Moore - direct 1 his keys to her because the keys went over my head. 2 MR. GREENE: Judge, I'm having difficulty 3 understanding the witness. 4 THE COURT: I am, too. 5 Can you speak a little -- 6 BY MR. ALLEGRETTI: 7 Q. Let me take you through a little of that. 8 THE COURT: Why don't we take a break? 9 MR. ALLEGRETTI: All right. 10 THE COURT: It's difficult to understand her. 11 MR. ALLEGRETTI: I know. I know. 12 THE COURT: Ladies and gentlemen, we're going to 13 14 take a recess. I ask you not to discuss your testimony during the 15 break with anyone. Do you understand? 16 THE WITNESS: Yes. 17 THE COURT: Very well. 18 (Brief recess was taken.) 19 THE COURT: Please be seated and come to order. 20 MR. GREENE: Judge, can anything be done with that 21 monitor, otherwise we won't be able to see any of the 22 witnesses? 23 24 25 THE COURT: Let me try this. (Brief pause.) THE COURT: You may inquire. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 52 of 120 PageID #:50052 Angel Moore - direct 1 MR. ALLEGRETTI: Thank you, Judge. 2 BY MR. ALLEGRETTI: 3 Q. How are you, Angel? 4 A. Fine. 5 Q. Okay. Keep your voice up, okay? 6 A. All right. 7 Q. And if you find yourself at a point where you think you 8 need a break, you let us know, okay? 9 A. All right. 10 Q. I don't know how much was understandable before because 11 you were choked up and crying, so I'm going to have to walk 12 you through a little bit of it because nobody could 13 understand -- 14 15 THE COURT: Why don't you just ask a question and -- 16 MR. ALLEGRETTI: May I, Judge? Thank you. 17 BY MR. ALL 18 EGRETTI: 19 Q. 20 to the car and you told us your face was pushed down. What 21 happened next? 22 A. 23 tried to raise it up and explain to her what was going on, 24 and then she just started punching me in the back of my head. 25 And then the next thing I know, she snatched me by my neck I'm going to take you back to when Officer Harris came After she pushed my head into the hood of the car, I Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 53 of 120 PageID #:50153 Angel Moore - direct 1 and threw me on the ground and started kicking me. 2 Q. 3 times were you kicked? 4 A. I'm not sure. A lot of times. 5 Q. Was there only one person kicking you or was there more? 6 All right. Now, you're down on the ground. How many MR. GREENE: Objection -- 7 BY THE WITNESS: 8 A. 9 At that time -THE COURT: Sustained. 10 BY MR. ALLEGRETTI: 11 Q. 12 person kicking you? Was there -- could you tell if there was more than one 13 MR. GREENE: Same objection. 14 THE COURT: I think this has been covered. 15 MR. ALLEGRETTI: Oh, all right. I'm sorry, Judge. 16 I thought that it hadn't been understood and I was going back 17 through it. 18 BY MR. ALLEGRETTI: 19 Q. 20 happened next? 21 A. 22 my feet and attempted to put me into handcuffs, but she had 23 noticed that I was already handcuffed to Asia and she had 24 said, oh, she -- they already handcuffed. Who handcuffed 25 them? And one of the officers said, I did. One of the male After you were laying on the ground and kicked, what After they stopped kicking me, somebody had pulled me to Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 54 of 120 PageID #:50254 Angel Moore - direct 1 officers said, I did, and he threw her his keys because I 2 heard them go over my head. 3 Q. What happened next? 4 A. She had unhandcuffed us and handcuffed us to ourselves. 5 Q. Who did that? 6 A. One of the female officers. 7 Q. All right. So she unhandcuffed you and Asia? 8 A. Yes. 9 Q. All right. And then what happened relative to you in 10 handcuffs? 11 A. 12 both was on my side. One was on my right and one was on my 13 left, and they had carried me to the car. 14 Q. 15 on the other? 16 A. Correct. 17 Q. Where are you handcuffed, in front or in back? 18 A. In the back. 19 Q. When you get to the car, what happens? 20 A. They put me into the police car and they take me to the 21 police station. 22 Q. 23 of 76th and Halsted to the police station? 24 A. I say about a minute. 25 Q. It was close? She handcuffed me by my myself and Officer Harris had -- You mean one person was on one side and one person was All right. How long did it take to get from the corner Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 55 of 120 PageID #:50355 Angel Moore - direct 1 A. 2 Halsted. 3 Q. So the police station was at 78th and Halsted? 4 A. Correct. 5 Q. When you get to the police station, what happens next? 6 A. We walk in -- we was walking in and I was telling her 7 how I thought that she was wrong, her and her partner was 8 wrong for treating me like that. Like I didn't do anything 9 -- 10 11 Yes. We was on 76th, the police station was on 78th and MR. GREENE: Objection to foundation, Judge. Identification as to who she saw -- 12 THE COURT: Hold on one second. 13 (Brief pause.) 14 THE WITNESS: Keep talking? 15 THE COURT: I think the foundation is implicit. I 16 think she's referring to Officer Harris. 17 Why don't you lay a foundation. 18 MR. ALLEGRETTI: All right. 19 BY MR. ALLEGRETTI: 20 Q. 21 removed from the vehicle? 22 A. Correct. 23 Q. When you were removed from the vehicle, was that by one 24 of the officers who had driven the vehicle or somebody else, 25 if you know? When you got to the station, at some point were you Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 56 of 120 PageID #:50456 Angel Moore - direct 1 A. 2 was on the passenger side because she had got out the front 3 door and closed it and opened up my door and let me out. 4 Q. So it was a she? It was a woman? 5 A. Yes. 6 Q. Was it Officer Harris or a different voice? 7 A. No. It was a different lady. 8 Q. What happened when that officer took you out of the 9 vehicle? It was one of the officers who was in the vehicle. She 10 A. 11 explaining to her how I felt like that they was wrong for 12 treating me like that, and I don't feel like that this is 13 your all job. You supposed to be here to help us, not hurt 14 us. 15 Q. What happened next? 16 A. She threw me up on the wall and told me if I don't shut 17 up, she was going to take me in one of these rooms and nobody 18 gonna be able to help me. 19 Q. What happened next? 20 A. Asia had walked in behind us and told her to take me off 21 that wall. 22 Q. Asia walked in? 23 A. Yes. 24 Q. And said what to who? 25 A. She told the lady, take my sister off the wall like We was walking to the police station and I was Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 57 of 120 PageID #:50557 Angel Moore - direct 1 that. 2 Q. What happened next? 3 A. She started laughing and then took me off the wall. And 4 she took me into another room by myself. 5 Q. Not with Asia? 6 A. No. I don't know where Asia went. 7 Q. Was Asia in the same car with you coming to the station? 8 A. No, she wasn't. 9 Q. So she arrived at the station after you, at least as far 10 as you know, is that correct? 11 A. Right. She came in right behind me. 12 Q. When you get into that room in the station, what happens 13 to you? What do you do, or what did they do to you? 14 A. 15 my arms and handcuffed it to the table that was in front of 16 me, and my foot -- my ankle, she handcuffed that to the 17 chair. 18 Q. So your hand is handcuffed where, to the table? 19 A. To the table. 20 Q. And ankle -- do you remember which ankle? 21 A. No. I think it was my right. 22 Q. Handcuffed to -- 23 A. -- the chair. 24 Q. The one you're sitting in? 25 A. Yes. The lady had unhandcuffed me from behind and took one of Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 58 of 120 PageID #:50658 Angel Moore - direct 1 Q. What happened next? 2 A. She left. And I was screaming, I need a doctor. My 3 eyes was burning and somebody had -- 4 MR. GREENE: Objection. 5 THE COURT: Overruled. 6 BY MR. ALLEGRETTI: 7 Q. I'm sorry. Say that again? 8 A. She had left and I was screaming and telling her, I need 9 a doctor, I need some help. My eyes was burning. And the 10 officer -- I'm not sure what officer, he asked me, you all 11 take your contacts out your eyes then. And I told him I 12 didn't have no contacts in my eyes. And then like a minute 13 or two later a man in a white shirt came in. 14 Q. Then what happened? 15 A. He had asked me what was wrong. And I told him, your 16 officers just beat me up. I need to go to the emergency 17 room, I need to see a doctor. 18 Q. And then what happened? 19 A. He said, what's your injuries? I told him my eyes was 20 burning, my eyes was hurting, my head was hurting, my stomach 21 was hurting, I think that my wrist was broke. And he said -- 22 he walked in and said, you need to go to the emergency room? 23 And I told him yes. And he left out, and then I had got sick 24 and I started throwing up on the floor -- 25 Q. All right. Hang on a second and take a breath. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 59 of 120 PageID #:50759 Angel Moore - direct 1 He left and is that when you got sick? 2 A. Yes. 3 Q. Okay. When you got sick, do you mean sick to your 4 stomach? 5 A. 6 up. 7 Q. What happened when you started to throw up? 8 A. Another officer came in and said, don't be throwing up 9 on the floor. And I said, I don't have to if you all would Yes. I started getting nauseous and I started to throw 10 just help me. I need a doctor. 11 Q. What happened next? 12 A. He gave me a garbage can and he left out. 13 Q. To throw up in? 14 A. Yes. 15 Q. How long were you there before you saw anybody else? 16 A. About 30 minutes before the ambulance came. 17 Q. So the next people you saw, as you remember then, was 18 the ambulance people? 19 A. Yes. 20 Q. When the ambulance came, what happened? 21 A. They asked me, um, why -- why do I need to go to the 22 emergency room. And I told them that I didn't feel good, my 23 stomach was hurt and my eyes was burning and my -- and I 24 think that my wrist was broke and my head was hurting. And 25 he said that -- he said, do I feel as though I need to go to Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 60 of 120 PageID #:50860 Angel Moore - direct 1 the emergency room for that, and I said yes. And they took 2 me to the emergency room in the ambulance. 3 Q. What hospital was that that they took you to? 4 A. They took me to St. Bernard's. 5 Q. When you went to St. Bernard's in the ambulance, did 6 anyone besides the ambulance people ride with you? 7 A. Yes. A police lady was in the vehicle with me. 8 Q. All right. When you get to St. Bernard's what happens? 9 A. They gave me in a wheelchair and the police lady cuff me 10 to the chair, and she took me in and signed me in. And then 11 I saw a nurse and she asked me why was I there, and I told 12 her. And she started to take my blood pressure and asked me 13 my weight, have I ever been in before, and I told her, I just 14 want to see a doctor, I really need to see a doctor right 15 now. And she said okay and left out, and I sat there for 16 hours. 17 Q. Okay. Eventually did you see a doctor? 18 A. Eventually I saw a doctor. 19 Q. All right. When the doctor came in, did he examine you? 20 A. Yes. He looked at my wrist first and said -- he saw 21 that it was swollen. He said, I want to get some X-rays 22 before I go any farther, and then he left out. A couple 23 hours passed and a lady came in and gave me for some X-rays. 24 And she took me in, did the X-rays and took me back to the 25 room. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 61 of 120 PageID #:50961 Angel Moore - direct 1 Q. What parts of your body were X-rayed? 2 A. Just my wrist. 3 Q. All right. While you were there did you have any other 4 scans or tests performed on you? 5 A. 6 X-rays show that I just had a sprain and that's why it's so 7 swollen up. And he asked -- he was touching my stomach 8 asking me where did it hurt, and I was telling him where it 9 was hurting. No. The doctor who came in, he had -- he told me the 10 Q. So he was touching your stomach? 11 A. Yes. 12 Q. Did he touch any other part of your body as part of the 13 examination? 14 A. Yes. 15 Q. Where is the policeman at this time? 16 A. She was sitting right outside the bed. 17 Q. All right. You're in the bed and the policeman is next 18 to the bed? 19 A. Correct. 20 Q. And the doctor is there with you as well? 21 A. Yes. 22 Q. Besides touching your abdomen and your face, what other 23 tests, if any, or examination, do you remember him 24 conducting? 25 A. I was -- Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 62 of 120 PageID #:51062 Angel Moore - direct 1 MR. GREENE: Objection, Judge. I don't believe 2 there's been testimony that the doctor touched her face. 3 MR. ALLEGRETTI: I'm sorry. I thought I heard 4 that. 5 6 THE COURT: Disregard that question, ladies and gentlemen. 7 Rephrase the question, Counsel. 8 MR. ALLEGRETTI: Sure. 9 BY MR. ALLEGRETTI: 10 Q. 11 doctor touched you? 12 A. 13 anywhere. And I was telling him no, my head was just 14 throbbing and my eyes was hurting. So then he pulled out a 15 light and flashed it into my eyes and he asked me, do I have 16 eye problems? And I told him, yes. And he said, do you have 17 your own doctor for that? And I told him, yes. And he said, 18 I'm not an eye doctor but -- and he turned around and asked 19 the police lady, do you know where they taking her? And she 20 said, they taking her to the county. And he said, well, when 21 you get to the county, you make sure you tell them that you 22 want to see an eye doctor about your eye problems because I'm 23 not sure -- Can you tell me, besides your abdomen, where else the Yes. He touched my face and he said, does it hurt 24 MR. GREENE: Objection, hearsay. 25 THE COURT: Sustained. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 63 of 120 PageID #:51163 Angel Moore - direct 1 Ladies and gentlemen of the jury, disregard that 2 last statement attributed to the doctor. Do you all 3 understand? 4 (Jurors indicating.) 5 BY MR. ALLEGRETTI: 6 Q. 7 eyes? 8 A. Yes. 9 Q. All right. Now, you have had your eyes examined in the Now, when he -- you said he shined something in your 10 past, haven't you? 11 A. Correct. 12 Q. And you're familiar with the types of equipment that is 13 used to examine your eyes? 14 A. Yes. 15 Q. Did he use any sort of equipment that is usually used to 16 examine your eyes? 17 A. No. 18 Q. What did he use? 19 A. A little flashlight -- 20 21 MR. GREENE: Objection to foundation, your Honor. Several places. 22 23 THE COURT: Well, she can testify as to what she saw. 24 MR. GREENE: That's part of the foundation. 25 THE COURT: That's true. Lay a foundation. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 64 of 120 PageID #:51264 Angel Moore - direct 1 MR. ALLEGRETTI: All right. 2 BY MR. ALLEGRETTI: 3 Q. 4 over the years, right? 5 A. Correct. 6 Q. And when you go, what kind of doctors do you go see? 7 A. Ophthalmologists. 8 Q. Do those ophthalmologists use specialized equipment, as 9 far as you know? You've had doctors examine your eyes a number of times 10 A. Yes. 11 Q. And do you recognize that equipment when you walk in 12 their offices as being the type of equipment that they used 13 to examine your eyes in the past? 14 A. Yes, I do. 15 Q. Did you see any of that -- 16 THE COURT: Hold on a second. 17 MR. GREENE: Same objection, your Honor. 18 Apparently there's a question of what the witness was able to 19 see and counsel is asking her if she saw it. 20 THE COURT: I will deem that to go to weight. You 21 can raise that issue as you see fit, Mr. Greene. But the 22 answer will stand. 23 BY MR. ALLEGRETTI: 24 Q. 25 Bernard's was examining you? Did you see any of that equipment when the doctor at St. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 65 of 120 PageID #:51365 Angel Moore - direct 1 A. No. 2 Q. Did anyone at St. Bernard's use any equipment that 3 you're familiar with in eye exams to examine your eyes? 4 A. No, they did not. 5 Q. Now, at some point were you released from the hospital? 6 A. Yes. 7 Q. Had they done anything to you besides the exams before 8 you left? 9 A. Only thing that they did was put like a little sling on 10 my wrist. That was all. 11 Q. 12 say a sling, was your arm then in the sling? What do you 13 mean? 14 A. 15 go around your thumb. It comes up to about right there. 16 (Indicating.) 17 Q. All right. And besides the sling, was your -- when you It was one of those glove casts that go on your hand and All right. 18 Indicating, for the record, a type of garment or 19 glove that covers you from your fingertips to the middle of 20 your forearm; is that about right? 21 A. Correct. 22 Q. All right. When you left the hospital how did you 23 leave? 24 A. 25 county. The police officer and her partner escorted me to the Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 66 of 120 PageID #:51466 Angel Moore - direct 1 Q. Do you know about what time you left the hospital? 2 A. No. I went in at night and came out in the morning. 3 Q. All right. Would that have been April 20th? 4 A. Yes. 5 Q. Now, when you left the hospital how was your wrist? 6 A. It was hurting really bad. 7 Q. How was your head? 8 A. It was still hurting. 9 Q. What do you mean by hurting? Tell me -- 10 A. It was like a throbbing pain. It wasn't no boom-boom 11 like it was at first. It was calmed down. 12 Q. How about your eyes? Were they still stinging? 13 A. No. They stopped stinging but they still throbbing. 14 They was going like swoosh-swoosh, like -- if you got a major 15 migraine, that's how it was in my eyes. 16 Q. When you got to the county, what happened? 17 A. When I got to the county they searched me, they 18 fingerprinted me and they put me into a cell -- I was by 19 myself but Asia was there. 20 Q. 21 you ever -- Before you got beaten up by the police on the 19th, did 22 MR. GREENE: (Indicating.) 23 THE COURT: Sustained. You'll avoid that, won't 24 you, Mr. Allegretti? 25 BY MR. ALLEGRETTI: Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 67 of 120 PageID #:51567 Angel Moore - direct 1 Q. Before the incident on the 19th, had you -- 2 THE COURT: Disregard that, ladies and gentlemen. 3 BY MR. ALLEGRETTI: 4 Q. 5 experiencing that night before? 6 A. No. 7 Q. Relative to your eyes, the burning that you testified 8 about, prior to that night had you ever experienced that kind 9 of pain in your eyes before? -- had you ever had any pains in your head like you were 10 A. No. 11 Q. Now, when you talk about the burning, was it both eyes 12 or just the one? 13 A. It was both of them. 14 Q. So both the -- the one that was blind and the other? 15 A. Right. That was even stinging. 16 Q. Prior to that night had you ever experienced any sort of 17 pain in your wrist like that before? 18 A. No. 19 Q. Now, you get to the jail. And did you say you saw Asia 20 there? 21 A. Yes. 22 Q. What happened after you got to the jail and saw Asia? 23 A. We was in two different cells but like we stayed in 24 those cells for some hours, and then at one point they took 25 all of the inmates that was in the cells -- different cells, Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 68 of 120 PageID #:51668 Angel Moore - direct 1 they took them all to this one big, huge room and they locked 2 us up in there. And then we -- we went to march down a 3 hallway, something like that; I'm not sure. We went to a 4 cell in the county. 5 Q. 6 going in the county? 7 A. 8 then after they fingerprinted us, we went to another part of 9 the county and they had separated me and Asia. What happened when you got to wherever it was you were They just fingerprinted us and stuff like that. And 10 Q. 11 you taken? 12 A. 13 what they call it, where all the people that got -- get sick 14 and stuff like that. 15 Q. That got what and stuff like that? 16 A. They took me to where the people that sick, that got 17 like medical issues. 18 Q. The medical wing? 19 A. Yes. 20 Q. And when you got to the medical wing, what happened? 21 A. They took -- first, when we got in there, they -- they 22 made everybody -- it was like -- only like two guards, so one 23 guard was in the front of the line, the other guard was at 24 the end of the line, so everybody was like together. 25 When you were separated with -- from Asia, where were They took me to the medical leave from -- I think that's They had me with everybody together as we march Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 69 of 120 PageID #:51769 Angel Moore - direct 1 down this hallway. And we marched down a hallway and we got 2 to this one room where they made everybody take off all their 3 clothes and squat and raise up their hands and cough and 4 stuff like that to see if we had anything in us. 5 Q. So they made you do that naked? 6 A. Yes. 7 Q. Amongst everybody else? 8 A. Yes. 9 Q. How did that make you feel? 10 A. Embarrassed. 11 Q. Did you spend that night in jail? 12 A. Yes. 13 Q. How long were you in there? 14 A. A week. 15 Q. Was your bond ever set? 16 A. Yes. 17 Q. What was it set at? 18 A. It was set at 25,000. 19 Q. How much did you have to have to get out? 20 A. 2,500. 21 Q. Did you have that? 22 A. They came up with it, my family and friends. 23 Q. How long did it take them to come up with it? 24 A. A week. 25 Q. While you were in county jail, did you have any problems Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 70 of 120 PageID #:51870 Angel Moore - direct 1 with any other inmates when you were in there? 2 MR. GREENE: Objection, relevance. 3 THE COURT: Sustained -- well -- 4 MR. TOPPEL: Judge, may we be heard at sidebar? 5 THE COURT: One of you is going to respond to 6 objections, and typically that's the person that is 7 conducting the examination. 8 9 I'm going to overrule that. Let me see you at sidebar. 10 MR. ALLEGRETTI: Thank you. 11 (Sidebar proceedings outside the hearing of the jury:) 12 THE COURT: What's she going to say to this, Jim? 13 MR. ALLEGRETTI: All she's going to say is while 14 she was there, because she's blind, she's walking and an 15 inmate puts a chair in front of her, which she falls over, 16 and the other inmate laughs and she said, I just wanted to 17 see how blind you were. 18 19 20 21 And it goes to damages. I mean, her humiliation and -MR. GREENE: We have been told absolutely nothing about this that goes to damages. This is a brand new issue. 22 THE COURT: Was this developed in the deposition -- 23 MR. GREENE: I don't know exactly what the 24 25 questions were in the deposition but -THE COURT: -- this information? Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 71 of 120 PageID #:51971 Angel Moore - direct 1 MR. GREENE: No, this information was not. 2 THE COURT: Well, then, you can impeach her. 3 No, I think it's fair. I'll let you go into that. 4 MR. ALLEGRETTI: Thank you, Judge. 5 THE COURT: Okay. 6 (Further proceedings in the presence of the jury:) 7 THE COURT: You may inquire, Counsel. 8 MR. ALLEGRETTI: Thank you, Judge. 9 THE COURT: The objection is overruled. 10 BY MR. ALLEGRETTI: 11 Q. 12 the one you had the problem with? 13 A. 14 everybody had to sit when they come out the room, and as I 15 was coming into that room she got up and put a chair in front 16 of me. And I walked into the chair and I had told her that 17 wasn't funny, and she said -- she started laughing and she 18 said, I was just trying to see how much could you see. 19 Q. What did you say? 20 A. I said it wasn't funny and I walked off. 21 Q. You finally got released from jail on the 26th? 22 A. Yes. 23 Q. All right. That bond money, did you ever get that back? 24 A. No. It went to my attorneys for attorneys' fees. 25 Q. All right. You still owe your friends and family that Will you tell the jury what happened with that inmate, I was coming out of my room, going into the area where Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 72 of 120 PageID #:52072 Angel Moore - direct 1 money? 2 A. Yes. 3 Q. How were your eyes when you were in jail, Angel? 4 A. They was -- 5 6 MR. GREENE: Objection; calls for a medical opinion. 7 THE COURT: Yes. Narrow the question, please. 8 MR. ALLEGRETTI: I'm sorry, your Honor? 9 THE COURT: Do you want to narrow that question? 10 MR. ALLEGRETTI: Sure. 11 BY MR. ALLEGRETTI: 12 Q. 13 from what it was on that evening of the 19th of April? 14 A. Yes. 15 Q. How did it change? 16 A. Every day it got worser. It got more blurry than it did 17 before. 18 Q. When you got out of jail, what did you do? 19 A. I went home and I called my doctor. 20 Q. Were you able to get in to see him? 21 A. Not that day. I -- I had to wait until the doctor was 22 available because my doctor wasn't. So they had to wait to 23 get in touch with the doctor that was on emergency calls. 24 Q. So did you eventually see your doctor? 25 A. Not my doctor, but I eventually saw a doctor. While you were in jail did your vision change at all Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 73 of 120 PageID #:52173 Angel Moore - direct 1 Q. What date? 2 A. I think it was like two days after, the 28th or the 3 29th. 4 Q. 5 29th, what did he do? 6 A. First doctor, she had asked me why I was here. 7 Q. What did you tell her? 8 A. I told her that I had got into an altercation with the 9 police and I -- my vision was getting blurry. She looked at 10 me, she said that it looked like you -- your retina detached 11 but I'm not sure, I'm going to get a regular doctor. She 12 went and got a doctor named Dr. Jenker (phonetic), and he 13 came in and looked at me and he said that it was blood in my 14 eyes and he saw that the retina was detached. All right. When you went to that doctor on the 28th or 15 MR. GREENE: Objection; hearsay, Judge. 16 THE COURT: Sustained. 17 Well, is there going to be a dispute as to this? 18 MR. GREENE: Yes. 19 THE COURT: The objection is sustained. 20 Ladies and gentlemen, I instruct you to disregard 21 that. 22 BY MR. ALLEGRETTI: 23 Q. 24 the diagnosis that the doctor made? 25 A. What kind of treatment did you receive as a result of That same day I went to emergency surgery in another Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 74 of 120 PageID #:52274 Angel Moore - direct 1 hospital. I think it was Little Company of Mary. I never 2 been there. I'm not sure. 3 Q. Did they perform surgery? 4 A. Yes. 5 Q. On what part of your body? 6 A. My right eye. 7 Q. After that surgery were you able to see? 8 A. No. I wasn't able to see anything. It was like -- it 9 was like -- 10 MR. GREENE: No question pending. 11 THE COURT: Overruled. 12 BY THE WITNESS: 13 A. 14 or something, you have to pull over because you can't see? 15 That's how it was for me. 16 BY MR. ALLEGRETTI: 17 Q. Kind of a fog? 18 A. It was very foggy. 19 Q. Tell the jury what it was you could see in that fog, if 20 anything. 21 A. Just lights. I was able to see lights. 22 Q. Could you see shadows? 23 A. No, not exactly. 24 Q. Could you see faces? 25 A. No. It was like -- do you know how when you drive in a fog Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 75 of 120 PageID #:52375 Angel Moore - direct 1 Q. Could you see anything besides the fog? 2 A. No. 3 Q. At some point did your doctors schedule future surgery? 4 A. Yes. They scheduled a surgery for a cornea transplant. 5 Q. When was that done, if you know? 6 A. It was done in -- let me see -- 'O9, I want to say it 7 was on the 13th. 8 Q. 9 '09, would that sound right to you? If the records said that that took place January 13th, 10 A. Yes. 11 Q. Do you remember what hospital that was at? 12 A. Weiss. 13 Q. And what did they do? 14 A. They gave me a cornea transplant. 15 Q. Was that another one? 16 A. That was the first one, yep. That was -- after the 17 retina detachment I had the cornea transplant. 18 Q. 19 was foggy? 20 A. All right. And it was after that one that your vision Yes. 21 MR. GREENE: Objection. That's not what -- 22 MR. ALLEGRETTI: Let me just -- 23 THE COURT: Why don't you let her testify? 24 Let me see you at sidebar for a minute. 25 MR. ALLEGRETTI: Sure. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 76 of 120 PageID #:52476 Angel Moore - direct 1 (Sidebar discussion had off the record.) 2 THE COURT: You may inquire. 3 MR. ALLEGRETTI: Thank you. 4 BY MR. ALLEGRETTI: 5 Q. 6 surgery on August 4th, 2009? 7 A. 8 didn't take. 9 And after the January 13th surgery, was there another Yes. I had another cornea transplant because that one MR. GREENE: Objection to the "because." 10 THE COURT: I will sustain the objection to the 11 latter part of that question and ask you to disregard it, 12 ladies and gentlemen -- the latter part of the answer and ask 13 you to disregard it. 14 BY MR. ALLEGRETTI: 15 Q. And after that surgery -- 16 MR. ALLEGRETTI: I'm sorry, Judge. May I proceed? 17 THE COURT: Certainly. 18 BY MR. ALLEGRETTI: 19 Q. And after that surgery how was your vision? 20 A. It was still foggy. I couldn't really see anything. 21 Q. Can you speak up, please? 22 A. It was still foggy. I wasn't able to see anything. 23 Q. And did you have another surgery on March 16th, 2010? 24 A. Yes, I did. I had an artificial cornea transplant; it's 25 called a KPro. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 77 of 120 PageID #:52577 Angel Moore - direct 1 Q. And after that surgery did your vision improve? 2 A. Yes. It wasn't so foggy as it was before, but they say 3 it get better every day. 4 Q. 5 well, let me ask a different question. 6 And is that the last cornea surgery you've had for -- How is your vision today? 7 A. 8 of me but I can't see anything around -- around me; it looks 9 like it's black, like the lights is off. I can see about -- 10 It's not great. I can't see -- I can see straight ahead how can I say? 11 I can see -- it's blurry; it's very dim. I can't 12 see that much in front of me. I definitely can't see 13 anything that's around me. So if you walk past me, I 14 wouldn't be able to see you unless you standing directly in 15 front of me. 16 Q. 17 about me can you see? 18 A. 19 color you got on, I can't tell you what you look like, none 20 of the details. I can't tell you any of that, but I can tell 21 you I see you. 22 Q. 23 As I stand here some six feet, seven feet from you, what Just you. I can't tell you -- I can't tell you what So you see a body here. Before the 18th -- or, rather, the 19th of April, 24 2008, standing seven feet away from somebody, would you have 25 been able to -- tell the jury what you would have been able Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 78 of 120 PageID #:52678 Angel Moore - direct 1 to see? 2 A. 3 on, what color they was. I was able to see enough to see 4 that person. 5 Q. 6 vision? I would have been able to see them, what color they had So was this surgery then successful in restoring some 7 8 MR. GREENE: Objection. Calls for a medical opinion. 9 THE COURT: Overruled. 10 BY THE WITNESS: 11 A. 12 BY MR. ALLEGRETTI: 13 Q. Do you still have the fogginess or has that been gone? 14 A. I still have it. If I go outside -- if I go outside I 15 can't see anything; it's so bright. Even if it's not sunny 16 outside, I still can't see that good. 17 Q. Yes, it restored some of my vision. How has that changed your ability to get around? 18 MR. GREENE: Objection, leading. 19 THE COURT: Overruled. Avoid leading the witness. 20 You may answer. 21 BY THE WITNESS: 22 A. 23 BY MR. ALLEGRETTI: 24 Q. Tell us how, please. 25 A. I can't go anywhere by myself any more. I have to wait. It changed a lot. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 79 of 120 PageID #:52779 Angel Moore - direct 1 Q. Why? 2 A. Because I can't see to walk out there by myself. It's 3 hard. 4 Q. Have you tried? 5 A. Yeah, I tried. I tried to go to school by myself. I 6 walked into traffic and I didn't even know. I didn't know I 7 was in the street. I walked into a building, I went to the 8 wrong school. 9 MR. GREENE: Objection, Judge, foundation. 10 THE COURT: Overruled. 11 MR. GREENE: Narrative. 12 THE COURT: Overruled. 13 BY THE WITNESS: 14 A. 15 BY MR. ALLEGRETTI: 16 Q. Can you take the Megabus any more? 17 A. No. 18 Q. Why not? 19 A. It's too much. It's too much traffic. It's too many 20 people. My eyes can't keep up. 21 Q. 22 about your eyes not being able to keep up? 23 A. 24 something too long or they'll move too fast. Everything 25 looking like it's everywhere when it's really not. It's hard It is hard for me. What do you mean by -- what happens now that's different I get tired quick. My eyes start to hurt if I stare at Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 80 of 120 PageID #:52880 Angel Moore - direct 1 for me. 2 Q. Was it like that before April 19th, 2008? 3 A. No. I was able to get on that Megabus and go to where I 4 needed to go with nobody help. I didn't need to stop nobody 5 from doing what they had to do to help me. 6 Q. 7 officers? 8 A. No. 9 Q. Did you ever resist or obstruct any of these officers? 10 A. No. 11 Q. Did you ever give them any reason to arrest you that 12 night? Now, Angel, did you ever kick or scratch any of these 13 MR. GREENE: Objection. 14 THE COURT: Overruled. 15 BY THE WITNESS: 16 A. 17 BY MR. ALLEGRETTI: 18 Q. 19 county jail that night? 20 A. No, I did not. 21 Q. Did you give them any reason to charge you with 22 aggravated battery and resisting or obstructing arrest? 23 A. No. 24 Q. Did you give any of them any reason to hit you -- 25 No, I did not. Did you give them any reason to lock you up in the THE COURT: Avoid leading now, please. Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 81 of 120 PageID #:52981 Angel Moore - direct 1 MR. ALLEGRETTI: I'm sorry, Judge? 2 THE COURT: Why don't you avoid leading now. I 3 have extended you some latitude to leading questions. 4 MR. ALLEGRETTI: All right. 5 BY MR. ALLEGRETTI: 6 Q. Angel, what are you doing now? Are you going to school? 7 A. Yes. 8 Q. What are you doing? 9 A. I'm majoring to be a clinical massage therapist. 10 Q. All right. How are you getting to school every day? 11 A. I get a ride. 12 Q. How much longer before you're finished? 13 A. I graduate in February of next year. 14 Q. What do you hope to do with that? 15 A. I hope to take my license and go somewhere where I can 16 open my own spa or something. 17 MR. ALLEGRETTI: May I have a second, Judge? 18 THE COURT: Certainly. 19 MR. ALLEGRETTI: Thank you. 20 (Brief pause.) 21 BY MR. ALLEGRETTI: 22 Q. 23 filed against you, did you have to go to court on those? 24 A. Yes. 25 Q. Where was court? Angel, relative to those criminal charges that were Case: 1:10-cv-05371 Document #: 102 Filed: 07/31/12 Page 82 of 120 PageID #:53082 Angel Moore - direct 1 A. Somewhere in Bridgeview -- Bridgeview? Yes. 2 Q. How many times did you have to go to court, if you know? 3 A. A lot. At one point in time it was every other month, 4 then every Monday, then every week for the past two years. 5 Q. Eventually was there a trial? 6 A. It was a bench trial with the judge and me and my 7 lawyers. 8 Q. And at the end of that trial was there a finding? 9 A. We were found not guilty. 10 Q. Did you know what would happen if you were found guilty? 11 A. Yes. 12 Q. What? 13 A. They was gonna take us to jail. 14 Q. For how long? Did they tell you? 15 A. We could have went to jail for five years if we was 16 found guilty. 17 Q. How did you feel when you were found not guilty? 18 A. I was so happy. I was so glad. I was so relieved that 19 I didn't have to go back. I was where -- I didn't want to go 20 to jail no more. 21 22 MR. ALLEGRETTI: One second, Judge. (Brief pause.) 23 24 25 MR. ALLEGRETTI: Thank you, Judge. I have nothing further. THE COURT: Cross? Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 83 of 120 PageID #:53183 - direct 1 MR. GREENE: May I have just a moment, Judge? 2 THE COURT: Certainly. 3 (Brief pause.) 4 MR. ALLEGRETTI: May I approach, Judge? 5 THE COURT: Sure. 6 MR. ALLEGRETTI: Angel, do you realize the tissue 7 is still here? 8 9 THE COURT: That's fine. She can see the tissue, I'm sure. 10 MR. ALLEGRETTI: Okay. Thank you. 11 THE WITNESS: Thank you. 12 MR. GREENE: Judge, we'll save our questions when 13 we call the plaintiff in our case in chief. 14 THE COURT: All right. You may step down. 15 (Witness excused.) 16 17 MR. DVORAK: Your Honor, can we call our next witness? 18 THE COURT: Please. 19 MR. DVORAK: We call Asia Moore. 20 ASIA MOORE, CALLED IN HER OWN BEHALF, DULY SWORN 21 DIRECT EXAMINATION 22 BY MR. DVORAK: 23 Q. 24 and gentlemen of the jury by spelling your full name. 25 A. Asia, could you please introduce yourself to the ladies My name is Asia Moore. It's spelled A-S-I-A, last name Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 84 of 120 PageID #:53284 - direct 1 Moore, M-O-O-R-E. 2 Q. How old are you? 3 A. I'm 25. 4 Q. Okay. What is your date of birth? 5 A. 5-29, 1987. 6 Q. Is that the same as your sister Angel? 7 A. Yes. 8 Q. And you're twins, correct? 9 A. Yes. 10 Q. Now, the date of this incident, April 19th, 2008, how 11 old were you? 12 A. 20. 13 Q. Okay. And where do you live at now? 14 A. Right now we staying at 7241 South Emerald, 15 E-M-E-R-A-L-D. 16 Q. In Chicago? 17 A. Yes, Chicago, Illinois. 18 Q. And who do you live there with? 19 A. I stay there with my parents, my sister and my two kids. 20 Q. Okay. At the time of the incident where did you live? 21 A. I stayed at 708 West 76th Street. 22 Q. Okay. Also in Chicago? 23 A. Also in Chicago. 24 Q. Okay. And did you live there with the same people you 25 do now? Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 85 of 120 PageID #:53385 - direct 1 A. Yes. 2 Q. All right. Do you have any children? 3 A. Yes, I have two. Anthony is seven, Alasia is five. 4 Q. Alasia, could you spell that? 5 A. A-L-A-S-I-A. 6 Q. Okay. And what grade are your kids in now? 7 A. Anthony is in first and Alasia is in kindergarten. 8 Q. When does she graduate from kindergarten? 9 A. Actually, today. 10 Q. All right. Now, where are the kids during this trial? 11 A. Right now they at home, my mother's. 12 Q. Are your parents taking care of the kids? 13 A. Yes. 14 Q. Okay. Now, at the time of the incident you said you 15 were 20 years old, correct? 16 A. Yes. 17 Q. How old were your kids at the time of the incident? 18 A. Two and three. 19 Q. Okay. Now, let me talk about the date of this incident, 20 okay? I'm going to jump ahead to when you actually left the 21 house, okay? 22 A. Okay. 23 Q. All right. At some point around 11:00 or 11:30 on 24 April 19th, 2008, did you leave the home? 25 A. Yes, I did. Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 86 of 120 PageID #:53486 - direct 1 Q. Okay. Where were you going to? 2 A. We was going to a gas station called Citgo. 3 Q. Where was that located? 4 A. It was located on 76th and Halsted, which is a block 5 away from my house. 6 Q. All right. And how often did you go there? 7 A. It was -- we went there regularly. 8 Q. Okay. And about how far in distance? 9 A. Just a block. 10 Q. Okay. Now, why did you go there? 11 A. That day? 12 Q. Yes. 13 A. That day we went there because my mother -- I mean my 14 father, he wanted some cigars, and my sister, she had to go 15 get some candy. 16 Q. Okay. And did you buy those items? 17 A. Yes, we did. 18 Q. What did you do after you bought those items? 19 A. Well, when we left the store, we was going back to the 20 house. 21 Q. Okay. All right. Let me talk about that. 22 When you're walking back to the house, what 23 happens? 24 A. 25 car on 76th and Halsted, they was going northbound, and then As we was walking back to the house I noticed a police Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 87 of 120 PageID #:53587 - direct 1 they had stopped us. 2 Q. What happened next? 3 A. After they stopped us, they had asked us where are we 4 going. And my sister said that we was going home. And then 5 I had grabbed my sister by the arm, which I already had, so I 6 pulled her a little bit and we just kept walking. 7 Q. 8 initial two officers? 9 A. Yes, I do. 10 Q. Who would that be? 11 A. Officer Rawls and Officer Rodriguez. 12 Q. Could you point to something they are wearing? 13 A. Yes. It's the two black gentlemen. 14 Q. Okay. Can you point to something they are wearing? I'm 15 sorry. 16 A. Okay. Do you see two officers in court that were the Oh. Rawls has on brown and Rodriguez has on blue. 17 18 MR. DVORAK: I ask that the in-court identification be noted. 19 THE COURT: The record will so reflect. 20 Hold on one second. 21 (Brief pause.) 22 THE COURT: You may inquire, Mr. Dvorak. 23 MR. DVORAK: Thank you, your Honor. 24 BY MR. DVORAK: 25 Q. Okay. At the time of this incident did you know these Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 88 of 120 PageID #:53688 - direct 1 officers by name? 2 A. No, I didn't. 3 Q. Do you now know their names after reviewing the 4 discovery in this case? 5 A. Yes, I do. 6 Q. Okay. You can refer to these officers by name if you 7 know them now. 8 A. Okay. 9 Q. Okay. So what happens after Rawls and Rodriguez 10 initially try to stop you? What happens next? 11 A. 12 sister said we was going home, and I just kept on walking 13 with Angel because we was in the middle of the street. So as 14 we was crossing the street, they had pulled in front of us. 15 We had made it across the street and they pulled into like 16 this parking lot; it was owned by a tire shop. 17 Q. Okay. And then what happened next? 18 A. They got out the car and they started to walk towards 19 us, and they asked us again, they said, where you all going? 20 And we both was like, we going home. And they was like, 21 where are your IDs at? And I told them that I didn't have it 22 on me. And they asked me why and I said, I left it in the 23 house. 24 Q. 25 They asked us where were we going and I said that -- my I'm going to stop you for a second, okay? And if you know their names, you can identify them Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 89 of 120 PageID #:53789 - direct 1 by name so it's clear for the record, okay? 2 A. Okay. 3 Q. All right. Who was the officer who asked for your 4 identification? 5 A. I believe it was Officer Rawls. 6 Q. Okay. And how did you respond when Rawls asked for 7 identification? 8 A. I told him that I didn't have it on me. 9 Q. Okay. Why didn't you have it on you? 10 A. I was just going to -- running up to the street to the 11 store. I was coming right back, I didn't think I needed it. 12 Q. Okay. Then what happened next? 13 A. I told him that I didn't have my ID. And then he asked 14 me why, and I said -- I told him that I -- I told Officer 15 Rawls that I left my ID in the house. 16 And then when I told Officer Rawls that, then he 17 started to walk towards us. And then as he walked towards 18 us, he started to put the handcuffs on us. And then he was 19 like -- 20 Q. 21 put the handcuffs on you? 22 A. 23 handcuffs on us, Officer Rawls said that -- he was like, I 24 got to take you all to the station. And then -- 25 Q. Hold on one second. What happened after he started to Officer Rawls started to walk towards us. As he put the I don't want you to give a narrative responses, Asia, so Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 90 of 120 PageID #:53890 - direct 1 -- 2 A. Okay. 3 Q. So what happened after he said, I got to take you all to 4 the station? 5 A. I told him, this some bullshit. 6 Q. Okay. And why did you say that? 7 A. Because I told him like we -- I told him that I had an 8 ID. Like if you a minor, most minors know to have IDs. 9 Q. Okay. And then did you offer any ways of him verifying 10 your identification? 11 A. Yes, I did. 12 Q. What ways did you offer? 13 A. I told him that he could just run my ID number. 14 Q. Do you know your ID number by heart? 15 A. Yes, I do. 16 Q. What is it? 17 A. L600OOO87753. 18 Q. Did you know it by heart on the day of the incident? 19 A. Yes, I did. 20 Q. How did Rawls respond to that offer? 21 A. He didn't respond. 22 Q. What happened next? 23 A. After I told him to run my ID number, he didn't even say 24 nothing. Then I told him that he was on some bullshit, this 25 some bitch ass shit. And then he was like, you got a smart Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 91 of 120 PageID #:53991 - direct 1 ass mouth -- Officer Rawls. So I was like -- 2 Q. Okay. So what happened next? 3 A. I told Officer Rawls, fuck him. 4 Q. You cussed at him, correct? 5 A. Yes, I did. 6 Q. What happened next? 7 A. When I told Officer Rawls fuck him, next thing I know -- 8 no. I told him, let me just call my momma so she can bring 9 our IDs. And he didn't say you can do that. I just went on 10 and went in my coat pocket and got the phone. 11 Q. 12 did you do specifically to get your phone? 13 A. I reached into my coat pocket. 14 Q. Okay. And what happened when you reached into your coat 15 pocket? 16 A. 17 snatched my hand out of my pocket. 18 Q. Okay. By the way, what were you wearing that night? 19 A. That day I was wearing a jacket, a long-sleeved jacket. 20 Q. And what was Angel wearing? 21 A. I believe she was wearing a long-sleeved coat. 22 Q. All right. When handcuffs were put on you, who was 23 cuffed to whom? 24 A. 25 left. Okay. When you said you went and got your phone, what He grabbed me by the hand -- he grabbed me by my arm and I was cuffed to Angel's right hand, she was cuffed to my Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 92 of 120 PageID #:54092 - direct 1 Q. 2 covering the handcuffs? 3 A. Yes, it was. 4 Q. Okay. All right. Now, what happened next? 5 A. I reached into my coat pocket to grab my cell phone and 6 then Officer Rawls grabbed me by the hand -- I mean, the arm 7 and then pulled my hand out my pocket. And when he did that 8 he snatched my cell phone and then he threw it on the hood of 9 the car. Okay. And were these long-sleeved clothing -- was it 10 Q. Okay. Then what happened after that? 11 A. Next thing I know, another car -- another police car was 12 pulling up. 13 Q. Okay. Just so the jury is clear, for the record -- 14 MR. DVORAK: Judge, may I ask the witness to step 15 down to demonstrate where they were located in relation to 16 the car? 17 THE COURT: Sure. 18 MR. DVORAK: Asia, you can step off -- should she 19 keep that on her? 20 21 THE COURT: No, she can't, because it has about a four-inch cord. 22 (Brief pause.) 23 (Witness left the stand.) 24 BY MR. DVORAK: 25 Q. Okay. Asia, this table, we're going to say this is the Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 93 of 120 PageID #:54193 - direct 1 police car, okay? 2 A. Okay. 3 Q. And this is the hood -- or the front of the police car, 4 okay? 5 A. Okay. 6 Q. Can you please show me where you were and where Angel 7 was when you were first placed in handcuffs? 8 A. 9 here on my left side and our arms was cuffed like this We was against the car like this, and Angel is right 10 together. (Indicating.) 11 Q. 12 arm, correct? 13 A. Yes. 14 Q. Okay. And you're both facing the front of the squad car 15 right in front of the hood, correct? 16 A. Yes. 17 Q. Okay. Where was Rawls and where was Rodriguez? 18 A. Officer Rawls, he was in front of me, and Officer 19 Rodriguez was on the side of Angel. 20 Q. 21 Rawls was on the driver's side, correct? 22 A. 23 Okay. So Angel's right arm was connected to your left In other words, Rodriguez was on the passenger side and Yes. (Witness resumed the stand. ) 24 BY MR. DVORAK: 25 Q. You said a second set of officers showed up, correct? Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 94 of 120 PageID #:54294 - direct 1 A. Yes. 2 Q. Which two officers were they? 3 A. It was Officer Harris and Officer Vivanco -- 4 Q. Vivanco? 5 A. Vivanco. 6 Q. Okay. Could you please identify Officer Harris and 7 Officer Vivanco by naming an article of clothing they are 8 wearing? 9 A. 10 Officer Harris has on a black jacket with a blue blouse. Officer Vivanco has on a white shirt with a tie. 11 MR. DVORAK: Okay. Please let the record reflect 12 the in-court identification of Officers Harris and Vivanco. 13 THE COURT: The record will so reflect. 14 BY MR. DVORAK: 15 Q. 16 incident, did you? 17 A. No, I didn't. 18 Q. And you now know their names? 19 A. Yes, I do. 20 Q. I'm going to ask you, when you describe the events, to 21 try to identify a particular person, if you can, okay? 22 A. Okay. 23 Q. All right. When Harris and Vivanco arrive on the scene, 24 from which direction do they come, meaning in front of you, 25 in back of you, side of you? And again, you didn't know their names before this Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 95 of 120 PageID #:54395 - direct 1 A. 2 right on the side of Officer Rawls' car. 3 Q. 4 side -- 5 A. 6 walking straight towards me. 7 Q. 8 you? 9 A. They ended up in back of me. 10 Q. Now, when Harris and Vivanco arrived on the scene, were 11 you still having words with Officer Rawls? 12 A. I'm pretty sure I was. 13 Q. And do those words include swear words? 14 A. Absolutely. 15 Q. Okay. What happens when Harris arrived on the scene? 16 What does Harris do? 17 A. 18 she said, she was like, bitches, get against the car. And 19 I'm looking at her and the first thing I said, I'm like, 20 bitch, who you talking to, because I can't figure out who she 21 was talking to. 22 Q. 23 respond when you said, bitch, who you talking to? 24 A. 25 didn't I say get against the car? And I'm like, fuck you. Well, when they came on the scene they had pulled like Okay. But did they approach you from the back or the No. They approached me from the front. They was And where did they end up, in back of you or in front of When Harris -- she exited her vehicle. The first thing All right. And what did she respond -- how did she She just walked up behind us and then she was like, Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 96 of 120 PageID #:54496 - direct 1 And then she just slammed our heads on the car. 2 Q. 3 she slam both of your heads against the car? 4 A. Yes, she did. 5 Q. Okay. And then what happened after Harris slammed both 6 your heads against the car? 7 A. 8 the car, and when -- I just looked over and I seen Angel -- I 9 seen her hit Angel in the back of the head. Now, when Harris slammed your heads against the car, did She slammed our heads on the car. My forehead had hit 10 Q. 11 Angel doing anything with her body? 12 A. No. 13 Q. All right. What happened next? 14 A. She just started punching Angel -- Officer Harris 15 started punching Angel in the back of the head. And then I 16 looked at Officer Rawls and I asked Officer Rawls, I was 17 like, you just gonna stand there? You ain't gonna do 18 nothing? 19 Q. 20 to do anything about this, correct? 21 A. Yes. 22 Q. Okay. Now, where was Rawls in relation to you and Angel 23 when Harris was doing this? 24 A. 25 front of me. Okay. Before she hit Angel in the back of the head, was Hold on. So you asked Rawls whether or not he was going Officer Rawls was still standing at the same place in Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 97 of 120 PageID #:54597 - direct 1 Q. Okay. Within how many feet? 2 A. I'm not sure. Not that far. 3 Q. Okay. Could he have intervened to prevent this from 4 happening if he wanted to? 5 A. Absolutely. 6 MR. GREENE: Objection. 7 THE COURT: It calls for a conclusion. I will let 8 it stand. 9 MR. DVORAK: Okay. That's fine, your Honor. 10 BY MR. DVORAK: 11 Q. 12 and Angel? 13 A. 14 -- on the side of Angel. 15 Q. Okay. And how about Vivanco? 16 A. Vivanco, he was -- he was right on the side of Officer 17 Rawls. 18 Q. Okay. Were they all within feet of the both of you? 19 A. Yes. 20 Q. Then you said you asked Rawls whether he was going to do 21 anything about this. What was his response to that? 22 A. He didn't say anything. 23 Q. Okay. Did he do anything? 24 A. No, he didn't do anything. 25 Q. Did he stop it? Where was Rodriguez when you say Harris is hitting you The whole time Rodriguez was standing right in front of Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 98 of 120 PageID #:54698 - direct 1 A. No. 2 Q. Okay. Did Rodriguez stop it? 3 A. No. 4 Q. Did you say anything to Vivanco about this? 5 A. Yes, I did. 6 Q. What did you say -- 7 A. When Officer Rawls didn't respond to what I was asking 8 him, I just turned towards Officer Vivanco and I was like, 9 can you stop her from doing that? And then Officer Vivanco 10 said, calm down. 11 Q. 12 happens next? 13 A. 14 all just gonna stand there? You all see her beating her up. 15 You all ain't gonna do nothing? And then while I was 16 standing another police car came up -- 17 Q. 18 a third police officer? 19 A. Yes. 20 Q. I'm sorry. Third police car? 21 A. Car. 22 Q. Okay. Who got out of that car, male, female? 23 A. It was a male and female. 24 Q. Okay. Did you say anything to this female or did this 25 female say anything to you? Okay. Now, after Vivanco said, calm down, okay, what I started cussing. I'm like, this some bullshit. You Hold on. Okay. So you say another police car. This is Case: 1:10-cv-05371 DocumentAsia #: 102 Moore Filed: 07/31/12 Page 99 of 120 PageID #:54799 - direct 1 A. 2 female, can she stop Officer Harris from hitting Angel. 3 Q. Okay. And what was her response? 4 A. She was like, bitch, shut up. 5 Q. Okay. Now, what happened next? 6 A. I just started cussing again. I was like -- I just 7 started telling -- I talked to everybody in general, all the 8 police that was there, you all some bullshit, you all just 9 gonna stand there? 10 Yes, I said something to the female. I asked the And then Officer Vivanco grabbed me from behind, 11 put his arm under my neck like this and applied pressure on 12 it, and then I don't know what happened after that. 13 (Indicating.) 14 Q. 15 record, can you do that position again? 16 A. (Indicating.) 17 Q. The witness is putting her right hand around her neck. 18 For the record, just so I can describe it for the Is that correct, Angel -- or Asia? 19 A. I'm placing my right arm under my neck. 20 Q. Okay. All right. 21 22 Now, you said when Vivanco did this -- how did you react to -- strike that. 23 24 25 Was this choking you, this maneuver? A. Yes, it was. MR. GREENE: Objection. Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 100 of 120 PageID #:548 Moore - direct 100 1 THE COURT: Sustained. Don't lead the witness. 2 BY MR. DVORAK: 3 Q. 4 his hand around your neck? 5 A. I didn't do anything. 6 Q. What happened to you, put it that way? 7 A. I don't know. I just blacked out for a second. I don't 8 know what happened. 9 Q. What did you do in response to Officer Vivanco putting Okay. All right. Now, when you blacked out, were you 10 still in cuffs with Angel? 11 A. Yes, I was. 12 Q. Okay. What's the next thing you remember after blacking 13 out? 14 A. 15 the next thing I know he was putting handcuffs on me by 16 myself and walking me to the car. 17 Q. Who is he? 18 A. Officer -- I believe it was Officer Vivanco. 19 Q. Okay. And when you said you were being put in 20 handcuffs, were these your own set of handcuffs? 21 A. Yes. 22 Q. So now you're separated? 23 A. Yes. 24 Q. Okay. So I take it from your testimony -- was there a 25 period of time that you did not remember what happened Next thing I remember, I just came back into it while -- Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 101 of 120 PageID #:549 Moore - direct 101 1 between being in cuffs and being choked to being separated? 2 A. Yes. 3 Q. Okay. What happened when Vivanco escorted you to the 4 police vehicle? 5 A. 6 and then it was like this little gap in between all these 7 police people, and I had seen my mother coming from down the 8 street. And I just got out the car and started yelling to my 9 momma like, help Angel, momma. They beating up Angel. As he was walking me to the car, he had sat me in there 10 Q. Now, did you get fully out of the car? 11 A. Yes. 12 Q. And then how did he respond to that? 13 A. He pushed me back -- 14 MR. GREENE: Objection. 15 THE COURT: Hold it a second. 16 What's the basis? 17 MR. GREENE: Foundation. The question is, how did 18 he respond. 19 THE COURT: Sustained. Lay a foundation. 20 MR. DVORAK: I will clear that up. 21 BY MR. DVORAK: 22 Q. 23 correct? 24 A. Yes. 25 Q. When you tried to get out of the police vehicle, did any You said Vivanco led you into the police vehicle, Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 102 of 120 PageID #:550 Moore - direct 102 1 officer respond to that action? 2 A. 3 car, and then he reached in and then he just punched me a 4 little bit. It wasn't hard, it was like just a little bit. 5 Q. Okay. Do you know what a rabbit punch is? 6 A. Yes. 7 Q. Okay. Would you describe it as a rabbit punch? 8 A. Yes. 9 Q. All right. What happened after that punch? 10 A. He closed the door and then we drove to the station. 11 Q. Okay. All right. What happened next, when you got to 12 the station? 13 A. They took us into these rooms and they left us there. 14 Q. Okay. All right. When you get to the police station -- 15 where was the police station? 16 A. It was located on 78th and Halsted. 17 Q. Okay. And what happened when you -- were you eventually 18 put into an interview room? 19 A. 20 placed in this room and I was just there. I didn't go to no 21 other rooms. 22 Q. Yes. Officer Vivanco, he had pushed me back inside the I'm not sure if that's what they call it, but I was just Let me talk about that room. All right. 23 From the time that you arrived to -- strike that. 24 In this interview room -- were there any windows in 25 this interview room? Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 103 of 120 PageID #:551 Moore - direct 103 1 A. No, there wasn't. 2 Q. Where exactly were you placed in the interview room? 3 A. I was -- I don't understand the question. 4 Q. Were you cuffed in that interview room? 5 A. Oh, yes. I was cuffed to like a pole that was located 6 on the wall. 7 Q. And was there any kind of seating in that room? 8 A. Yes. It was like a desk and it had chairs -- a chair 9 connected to it like a picnic table. 10 Q. And how were you handcuffed? 11 A. I was handcuffed to -- behind -- I mean, on the side of 12 me it was like a pole located on the wall; they cuffed me to 13 that pole. 14 Q. Were you able to lay down? 15 A. No, I wasn't. 16 Q. Able to rest? 17 A. No, I wasn't. 18 Q. Okay. About how long were you in that room before 19 someone came and talked to you? 20 A. About two hours. 21 Q. Okay. And who first came to talk to you? 22 A. An officer and a white shirt. 23 Q. White shirt meaning a supervisor? 24 A. I'm pretty sure. 25 Q. About how long did that conversation last? Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 104 of 120 PageID #:552 Moore - direct 104 1 A. Five minutes. 2 Q. Okay. And then what happened -- did you see anyone else 3 in that interview room? 4 A. Yes. Like 20 minutes later a detective came in. 5 Q. Okay. And about how long -- did he have a conversation 6 with you? 7 A. Yes. 8 Q. About how long did that last? 9 A. Five minutes. 10 Q. Okay. And then how long were you in that interview room 11 -- strike that. 12 Did anyone come to interview you or talk to you 13 again while you were in the interview room? 14 A. Not after the detective and the white shirt. 15 Q. How long of a period of time was it from the detectives 16 interviewing you to when you got out of that room? 17 A. I got to say it was like nine hours. 18 Q. Okay. Able to lay down? 19 A. No. 20 Q. Able to sleep? 21 A. Nope. 22 Q. Okay. Did they give you anything to eat? 23 A. No, they didn't. 24 Q. Were you cuffed the whole time? 25 A. Yes, I was. Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 105 of 120 PageID #:553 Moore - direct 105 1 Q. 2 room, Asia, what are you thinking about? What's going 3 through your mind? 4 A. All right. Now, when you're sitting in that interview I'm wondering like what's gonna happen -- 5 MR. GREENE: Objection. 6 THE COURT: Sustained. 7 BY MR. DVORAK: 8 Q. 9 you get out of the police station, taken anywhere? All right. What happened after you -- did eventually 10 A. Yes, I was. 11 Q. Where were you taken to? 12 A. I was taken to 26th and California, which is the county. 13 Q. Okay. Now, what happened initially when you went to 14 26th and California? Where did you go at 26th and 15 California? 16 A. They took us to like a holding spot, a holding area. 17 Q. Okay. And did you see anyone in that holding area? 18 A. As we was going into the building I had some type of way 19 to -- got up and seen Angel. As soon as I seen her I grabbed 20 her and kept her right by me. 21 Q. Okay. And how many -- you said this was in the cell? 22 A. Yes. We was in like a cell. 23 Q. How big was the cell? 24 A. It wasn't a big cell. It was able to hold like 50 25 people because it was like 50 of us in there. Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 106 of 120 PageID #:554 Moore - direct 106 1 Q. Okay. Was it crowded? 2 A. Yes, it was. 3 Q. Was there a bathroom inside there? 4 A. Yes. It was an open bathroom. 5 Q. How did it smell? 6 A. It was horrible. 7 MR. GREENE: Objection, relevance. 8 THE COURT: Overruled. The answer will stand. 9 BY MR. DVORAK: 10 Q. What was the volume level in there? 11 A. It was loud. Everybody was loud. 12 Q. Okay. Now, when you're in that lockup area with Angel, 13 what happened after that? 14 A. 15 these people, Angel just started crying and she was saying -- 16 telling me like she -- her head was hurting, her eyes was 17 hurting. When we get to -- when they put us in this room with all 18 MR. GREENE: Objection. 19 THE COURT: Sustained. 20 Disregard that, ladies and gentlemen. 21 BY MR. DVORAK: 22 Q. 23 in the lockup with Angel? Did you go anywhere? 24 A. 25 of a TV to see a judge. All right. Okay. What happened after the -- you were Yes. They had to let us out, and then we went in front Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 107 of 120 PageID #:555 Moore - direct 107 1 Q. 2 hearing? 3 A. Yes. 4 Q. Now, did you have a private lawyer? 5 A. No, I didn't. 6 Q. Did any public defender attempt to talk to you? 7 A. No, they didn't. 8 Q. Did you actually go into a courtroom for this bond 9 hearing? Okay. Did you have an understanding that was your bond 10 A. No, I didn't. 11 Q. How did you appear? 12 A. We appeared before the TV. 13 Q. Okay. And about how long did this bond hearing last? 14 A. About three to five minutes. 15 Q. Okay. Would that be for the both of you? 16 A. Yes. 17 Q. Now, did any attorney or judge explain to you at that 18 time anything about these charges? 19 A. No. 20 Q. And you understood you had a bond now, correct? 21 A. Yes. 22 Q. And you had -- did you have any idea whether you would 23 be able to make the bond? 24 A. No, I didn't. 25 Q. Okay. So what happened after a bond was placed against Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 108 of 120 PageID #:556 Moore - direct 108 1 you? 2 A. 3 same room that we was in. 4 Q. And then what happened? 5 A. They took us to another room -- I mean, they took us to 6 another area where we went to get fingerprinted. 7 Q. Okay. And at some point did you lose sight of Angel? 8 A. Yes. When it was time for everyone to go to their 9 areas, they took Angel from me. After they gave us our bond, they took us back to the 10 Q. All right. And do you know where she was going? 11 A. No, I didn't know where she was going. They just took 12 her. 13 Q. Were you worried? 14 A. Yes. 15 MR. GREENE: Objection. 16 THE COURT: Sustained. 17 Disregard that, ladies and gentlemen. 18 BY MR. DVORAK: 19 Q. 20 searched? 21 A. Yes, there was. 22 Q. Okay. Where -- can you describe what that process is 23 about? 24 A. 25 us to a general room and there was a whole lot of women Now, was there any point in time where you were strip Yes. After me and Angel had gotten separated, they took Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 109 of 120 PageID #:557 Moore - direct 109 1 there. And they had told us to take off all our clothes and 2 they told us, do some demonstrations, and we did. 3 Q. When you say demonstrations -- 4 A. They told us to lift our arms, squat, cough, bend over, 5 stuff like that. 6 Q. Did you have to do this naked? 7 A. Yes, we did. 8 Q. How did that make you feel? 9 A. I was embarrassed. 10 Q. Had you ever been strip searched before? 11 A. No, I haven't. 12 Q. Okay. Had you ever been to Cook County Jail before? 13 A. No, I haven't. 14 Q. Now, after your strip search where did they take you? 15 Where were you initially housed? 16 A. 17 there. They call it the cabbage patch. 18 Q. 19 are kids over 17 years old, correct? 20 A. Yes. I'm assuming, yes. 21 Q. All right. These young people, did they affiliate 22 themselves publicly with any gangs? 23 A. They took me to an area where it's like young people Okay. Now, when you say young people, I take it these Yes. There was -- 24 MR. GREENE: Objection. 25 THE COURT: I'm sorry? Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 110 of 120 PageID #:558 Moore - direct 110 1 MR. GREENE: Objection, leading. 2 THE COURT: Sustained. 3 MR. DVORAK: I will rephrase that. 4 MR. GREENE: And relevance. 5 THE COURT: And what is the relevance of this? 6 MR. DVORAK: It goes to her damages, your Honor, 7 and her mental state and being scared. 8 9 THE COURT: Could I see you at sidebar? (Sidebar proceedings outside the hearing of the jury:) 10 11 THE COURT: Is the city responsible for gang activity? 12 MR. DVORAK: What they are responsible for, your 13 Honor, is -- on a false arrest and malicious prosecution 14 claim, you're responsible for all the damages associated with 15 being incarcerated. 16 17 THE COURT: I understand that, but what does gangs have to do with that? 18 MR. DVORAK: Because what she's going to testify to 19 is the initial place that she was in was filled with people 20 who were identifying themselves by gangs. And basically what 21 happened was they were all separated by gangs, and she was 22 the only one who wasn't in a gang and she was afraid for her 23 life. 24 25 THE COURT: You can stay away -- she was afraid for her life? Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 111 of 120 PageID #:559 Moore - direct 111 1 2 3 4 5 6 7 8 9 MR. DVORAK: Well, she was afraid of these people who were all gangbangers and she wasn't a gangbanger. THE COURT: Haven't we established that nobody was harmed by this point? MR. DVORAK: Yes. But certainly people who are inmates can certainly threaten you and -THE COURT: Yes, but -- I understand that the gangs were squaring off, but she wasn't a member of a gang. MR. DVORAK: They identified themselves in the jail 10 that way, okay? And based -- it was very clear to her that 11 she had to stay away from everyone. So she was staying away 12 from all these people. And she eventually felt so threatened 13 she got transferred. 14 15 16 MR. LEE: What is relevant is what actually happened to her. Nobody harmed her, nobody did anything. THE COURT: I suppose anxiety, though -- some 17 emotional distress might be compensable. Stay away from the 18 word "gangs." 19 MR. DVORAK: I don't know how I can describe it -- 20 THE COURT: Good. Then stay away from it 21 altogether. 22 (Laughter.) 23 (Further proceedings in the presence of the jury:) 24 THE COURT: Your choice, Mr. Dvorak. 25 MR. DVORAK: Okay. I will phrase it -- Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 112 of 120 PageID #:560 Moore - direct 112 1 THE COURT: You don't have to. 2 BY MR. DVORAK: 3 Q. 4 these girls identify them by certain groups? 5 A. Yes. 6 Q. Were you in any of those groups? 7 A. No, I wasn't. 8 Q. So did you associate yourself with any of these people? 9 A. No, I didn't. 10 Q. Okay. What happened -- strike that. 11 Asia, when you were in the cabbage patch, okay, did Now, when you were first in the cabbage patch, were 12 you able to make any phone calls? 13 A. No, I wasn't. 14 Q. The first night in jail, okay, did you -- you said you 15 had two children at the time? 16 A. Yes, I did. 17 Q. How old were they? 18 A. Two and three. 19 Q. Prior to this incident had you ever spent the night away 20 from your kids? 21 A. No, I hadn't. 22 Q. How did that make you feel when you were away from your 23 kids while you were in jail? 24 A. I was depressed. 25 Q. And being depressed, what did you do when you were in Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 113 of 120 PageID #:561 Moore - direct 113 1 that jail the first couple nights? 2 A. I just cried. I cried the whole night. 3 MR. GREENE: I'm sorry? 4 THE COURT: "Cried the whole night." 5 MR. GREENE: Thank you. 6 BY MR. DVORAK: 7 Q. And did you eventually transfer yourself out of that -- 8 A. Yes, I did. 9 Q. How did you do that? 10 A. I asked the guard could they transfer me. 11 Q. Okay. And did they? 12 A. Yes, they did. 13 Q. What was the next place that you were -- first of all, 14 how long were you in the cabbage patch? 15 A. Two days. 16 Q. Okay. And what happened next? 17 A. They transferred me to an area where there was nothing 18 but adults. 19 Q. Okay. And were those those same groups any more? 20 A. No, there wasn't. 21 Q. All right. Okay. Now, were you able to use the phone 22 when you were in this second division of the jail? 23 A. Yes, I was. 24 Q. So eventually you were able to call your family? 25 A. Yes, I was. Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 114 of 120 PageID #:562 Moore - direct 114 1 Q. Did you talk to your kids at all when you were in jail? 2 A. No, I didn't. 3 Q. Why not? 4 A. Because I didn't want to speak to them because I was 5 going to be even more depressed if I would have spoke to them 6 on the phone. 7 Q. Did they know that you were in jail? 8 A. No. I told my mom to tell them I was out of town. 9 Q. Okay. All right. 10 Now, when you were in jail for -- how long were you 11 in the Cook County Jail? 12 A. A week. 13 Q. Okay. When you were in the Cook County Jail, did you 14 ever go outside? 15 A. No, I didn't. 16 Q. Were you ever allowed outside? 17 A. I guess they had certain days, but when I was in there 18 we didn't go. 19 Q. Okay. Did you ever see any family while you were there? 20 A. No. 21 Q. Okay. Do you have an understanding of the jail's policy 22 as far as when they allow family to visit? 23 A. No. 24 Q. Put it this way: Did you have any visiting days before 25 you bonded out? Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 115 of 120 PageID #:563 Moore - direct 115 1 A. No. 2 Q. Before you bonded out -- the day before you bonded out 3 did you have court? 4 A. Yes, I did. 5 Q. Okay. And where was that located? 6 A. It wasn't at the county because I think we had to take a 7 bus somewhere. 8 Q. It wasn't in Bridgeview, was it? 9 A. No. 10 Q. Put it this way: That court date, there was just one -- 11 the first court date? 12 A. 13 we left the jail is when we went to see actually you. 14 Q. Okay. Was that the first time you met me? 15 A. Yes. It was the first -- it was the first -- the first time 16 THE COURT: Wait a minute. I'm not sure of the 17 foundation of this. 18 (Brief pause.) 19 20 THE COURT: Were you still in custody at that time, when you met Mr. Dvorak? 21 THE WITNESS: Yes. 22 THE COURT: Okay. 23 BY MR. DVORAK: 24 Q. 25 case? All right. And did I represent you in the criminal Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 116 of 120 PageID #:564 Moore - direct 116 1 A. Yes. 2 Q. Along with Mr. Toppel? 3 A. Yes. 4 Q. Okay. When was the first time you learned that this was 5 a felony? 6 A. When you told me. 7 Q. Okay. And when was the first time you learned what this 8 felony carries? 9 A. When you told me. 10 Q. How did that make you feel? 11 A. I was scared. 12 MR. GREENE: Objection to relevancy. And is 13 counsel waiving the attorney/client privilege? 14 THE COURT: Is that right? 15 MR. DVORAK: I will withdraw the question. 16 THE COURT: All right. 17 BY MR. DVORAK: 18 Q. 19 you were in the preliminary hearing? 20 A. Yes, I did. 21 Q. Okay. And what was her condition like? 22 All right. Did you see Angel when you were in -- when Put it this way: How did she appear to you? 23 A. 24 She didn't even know that I was in the same room with her. 25 Q. When I first seen Angel she was looking scared and lost. Okay. Was that different than when you saw her before Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 117 of 120 PageID #:565 Moore - direct 117 1 the incident? 2 A. Yes. 3 Q. Okay. Now, you bonded out the next day, correct? 4 A. Yes. 5 Q. All right. Now, you were charged with aggravated 6 battery to a police officer, correct? 7 A. Yes. 8 Q. And about how many times did you go to court before this 9 was resolved? 10 A. About 20. 11 Q. Now, first of all, did you batter any officer? 12 A. No. 13 14 MR. GREENE: Objection. Calls for a legal conclusion. 15 MR. DVORAK: I can be more specific, Judge. 16 THE COURT: All right. 17 BY MR. DVORAK: 18 Q. Did you slap any officer? 19 A. No. 20 Q. Did you hit any officer? 21 A. No. 22 Q. Did you punch any officer? 23 A. No. 24 Q. Did you kick any officer? 25 A. No. Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 118 of 120 PageID #:566 Moore - direct 118 1 Q. Did you resist arrest in any way? 2 A. No. 3 4 MR. GREENE: Objection. Calls for a legal conclusion. 5 THE COURT: Yes -- no, I'll let that stand. 6 BY MR. DVORAK: 7 Q. 8 just set for trial once? 9 A. No. I think it was like two or three times. 10 Q. Okay. And each time that was set for trial, how were 11 you feeling? What was your emotional state? 12 A. 13 the house and went to court, I was thinking like maybe I 14 won't come home today and see my kids or see my sister Asia 15 no more. 16 Q. 17 what the possible sentence was? 18 A. Yeah. 19 Q. What was that? 20 A. If they found us guilty we was going to jail to up to 21 five years. 22 Q. 23 what would happen upon a finding of guilty that day in court? 24 A. Yes. They would have took us right to jail. 25 Q. All right. So let me talk about that bench trial. How All right. Now, the -- was it just -- was your case I was scared. I was worried. Like every time I left Did you have an understanding if you were found guilty Okay. Did you have an understanding of when that -- Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 119 of 120 PageID #:567 Moore - direct 119 1 long did that last? 2 A. I believe the bench trial lasts two days. 3 Q. Okay. And at some point did the judge start to give his 4 sentence? 5 A. Yes. 6 Q. Or -- I shouldn't say sentence. 7 At some point did the judge start to give his 8 ruling? 9 A. Yes. 10 Q. Okay. Asia, what was going through your mind as he's 11 about to give that ruling? 12 A. 13 hoping that he just found us not guilty. 14 Q. Okay. Were you anxious? 15 A. Sort of. The whole time I had my hands folded, crossed, scared, 16 MR. GREENE: Objection. 17 THE COURT: Would you avoid leading the witness, 18 please? 19 MR. DVORAK: Thank you. 20 BY MR. DVORAK: 21 Q. 22 guilty? 23 A. He said not guilty. 24 Q. Okay. How did that make you feel? 25 A. I was relieved. I started smiling, Angel started Now, what happened -- did the judge say guilty or not Case: 1:10-cv-05371 DocumentAsia #: 102 Filed: 07/31/12 Page 120 of 120 PageID #:568 Moore - direct 120 1 crying. 2 Q. Okay. All right. 3 MR. DVORAK: If I may have a moment, Judge? 4 THE COURT: Certainly. 5 (Brief pause.) 6 MR. DVORAK: Nothing further, your Honor. 7 THE COURT: Mr. Greene, Mr. Lee? 8 MR. GREENE: Same as before, Judge. We'll wait. 9 THE COURT: Reserve your right to call her during 10 11 12 13 14 15 your case? Very well. Ms. Moore, you may step down. (Witness excused.) THE COURT: Okay. Ladies and gentlemen, we'll break for tonight. Off the record. 16 (Discussion had off the record.) 17 (Trial adjourned until June 12, 2012, 10:30 a.m.) 18 19 20 21 22 23 24 25