Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 1 of 111 PageID 5204 131 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE WESTERN DISTRICT OF TENNESSEE 3 WESTERN DIVISION 4 __________________________________________________________ 5 ACLU of Tennessee, Inc., 6 Plaintiff, 7 vs. 8 City of Memphis, Tennessee, 9 Defendant. 10 NO. 2:17-cv-02120 _____________________________________________________________ 11 12 13 TRANSCRIPT OF PROCEEDINGS 14 NON-JURY TRIAL 15 VOLUME II 16 17 BEFORE THE HONORABLE JON P. MCCALLA, JUDGE 18 19 MONDAY 20 20TH OF AUGUST, 2018 21 22 23 24 25 LISA J. MAYO, CRR, RMR OFFICIAL REPORTER FOURTH FLOOR FEDERAL BUILDING MEMPHIS, TENNESSEE 38103 Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 2 of 111 PageID 5205 132 1 A P P E A R A N C E S 2 3 4 5 6 7 8 9 Appearing on behalf of the Plaintiff: THOMAS HAUSER CASTELLI AMANDA STRICKLAND FLOYD American Civil Liberties Union Foundation of Tennessee 210 25th Avenue N. Suite 1000 Nashville, TN 37212 (615) 320-7142 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appearing on behalf of the Defendant: BUCKNER WELLFORD JENNIE VEE SILK LAWRENCE LAURENZI R. MARK GLOVER Baker Donelson Bearman Caldwell & Berkowitz 165 Madison Avenue, Suite 2000 Memphis, TN 38103 (901) 526-6000 Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 3 of 111 PageID 5206 133 WITNESS INDEX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WITNESS TIMOTHY REYNOLDS Direct Examination By Ms. Floyd PAGE 150 LINE 08 Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 4 of 111 PageID 5207 134 E X H I B I T 1 2 I N D E X EXHIBIT PAGE LINE 3 23 4 24 5 6 25 26 27 7 28 8 29 9 30 10 11 31 32 12 33 13 14 34 15 16 35 17 36 18 19 37 20 21 38 39 22 23 40 24 25 41 Compilations from Facebook using undercover account Bob Smith Facebook Posts and Apps and Websites Bob Smith Facebook Comments Bob Smith Facebook Follow List Bob Smith Facebook Event Invitations and Responses Bob Smith Facebook Your Group Membership Activity Bob Smith Facebook Your Posts and Comments Bob Smith Facebook Posts and Comments Bob Smith Facebook Posts E-mail: Jerry Blum to Timothy Reynolds (10/4/2016, 12:26:47 PM) E-mail:Timothy Reynolds Sgt. Edwin Cornwell, et al. (3/3/2017, 7:30:12 AM) E-mail: Major Eddie Bass to Interim Director Michael Rallings (7/6/2016, 7:39:06 PM) E-mail: Major Eddie Bass to Caralee Barrett, et al. (7/6/2016, 8:16:29 PM) E-mail: Major Eddie Bass to Timothy Reynolds; Lt. Stephen Chandler (7/6/2016, 9:33:PM) E-mail: Major Eddie Bass to Colonel Russell Houston; Major Keith Watson, et al. (7/28/2016, 8:40 AM) Database List E-mail:Timothy Reynolds to Colonel Gloria Bullock, Major Doreen Shelton (7/8/2016, 10:55:53 PM) E-mail: Lt. Stephen Chandler to Bill Oldham (7/9/2016, 12:13:24 AM) Microsoft Exchange on behalf of Colonel Gloria Bullock 149 15 152 24 154 158 160 19 24 14 163 1 165 12 166 6 168 171 23 17 175 8 178 15 180 2 181 24 183 11 187 188 9 5 188 25 189 7 Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 5 of 111 PageID 5208 135 1 42 2 43 3 4 44 5 45 6 7 46 8 47 9 10 48 11 12 48a 13 49 14 50 15 16 51 17 52 18 19 53 20 54 21 22 55 23 56 24 25 57 E-mail: Major Eddie Bass to Timothy Reynolds, et al. (7/10/2016, 3:18:59 PM) E-mail: Timothy Reynolds to Jerry Blum, et al. (7/10/2016, 5:07:59 PM) E-mail:Timothy Reynolds to MEM MPD Executive Staff ,et al. (7/12/2016, 11:50:54 PM) E-mail from Timothy Reynolds to Major Eddie Bass, et al. (7/14/2016,12:07:09 PM) E-mail from Timothy Reynolds to Major Eddie Bass, et al. (7/14/2016,12:00:10 PM) E-mail from Stephen Chandler to Timothy Reynolds (7/12/2016, 3:46:18 PM) E-mail from Timothy Reynolds to Kevin Bebout (7/7/2016,12:47:21 PM) (REDACTED) Shelby County Sheriff Record (REDACTED) E-mail from Timothy Reynolds to Phillip Penny (7/14/2016, 3:37:06 PM) E-mail from Colonel Paul Wright to MEM MPD OCU, et al. (4/12/2016, 12:13:36 PM) E-mail from Major Eddie Bass to Timothy Reynolds, et al. (7/15/2016, 12:41:32 PM) E-mail: Jessica Grafenreed to MEM MPD Executive Staff, et al. (7/15/2016, 5:27:03 PM) E-mail:Timothy Reynolds to Stephen Chandler, Phillip Penny (7/15/2018, 9:42:03 AM) E-mail: Jessica Grafenreed to Major Eddie Bass, et al. (8/13/2016, 10:54:31 AM) E-mail: Major Dana Sampietro to Timothy Reynolds (8/13/2016, 12:12:39 PM) E-mail: Mr. Victor Torres to Aaron Anderson, et al. (7/27/2016, 3:50:53 PM) E-mail: Major Eddie Bass to Colonel Russell Houston, et 191 1 192 7 193 9 194 1 194 25 197 20 198 24 200 10 206 3 207 3 207 20 208 9 209 16 210 7 211 16 213 15 218 10 Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 6 of 111 PageID 5209 136 1 58 2 3 59 4 60 5 6 61 7 62 8 9 63 10 64 11 12 65 13 66 14 15 16 17 18 19 20 21 22 23 24 25 67 al. (7/23/2016, 4:09:16 PM) E-mail: Major William Freed to Timothy Reynolds, et al. (SEALED) E-mail: Timothy Reynolds to Sgr. Edwin Cornwell, et al. (2/4/2017, 7:46:59 AM) E-mail: Timothy Reynolds to Colonel Gloria Bullock (1/21/2017, 9:30:44 AM) E-mail: Jessica Grafenreed to Timothy Reynolds, et al. (7/16/2016, 1:56:38 PM) E-mail: Timothy Reynolds to Timothy Reynolds (9/30/2016, 8:12:06 PM) E-mail: Timothy Reynolds to MEM MPD Executive Staff, et al. (10/4/2016, 7:40:13 AM) E-mail: Timothy Reynolds to Lt. Colonel Dana Sampietro (10/11/2016, 3:47:21 PM) E-mail: Timothy Reynolds to MEM MPD Executive Staff, et al. (10/12/2016, 7:30:41 AM) E-mail: Officer Bradley Wilburn to Timothy Reynolds, et al. (7/21/2016, 9:14:22 PM) E-mail: Timothy Reynolds to MEM MPD Executive Staff, et al. (7/22/2016, 11:50:23 PM) 223 6 228 17 229 5 230 8 231 3 231 25 232 16 233 25 234 16 235 11 Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 7 of 111 PageID 5210 137 MONDAY 1 August 20, 2018 2 3 The trial of this case began on this date, 4 Monday, the 20th day of August, 2018, at 9:00 a.m., when 5 and where evidence was introduced and proceedings were had 6 as follows: 7 ---------------------- 8 THE COURT: 9 There has been an inquiry about the 10 policy of Judicial Conference regarding broadcast of the 11 court proceedings, so we've got a copy of that for each of 12 you and anybody else who wants it. 13 read a very brief part of it. 14 Conference policy does not allow proceedings in civil and 15 criminal proceedings of the District Court to be broadcast, 16 televised, recorded or photographed for the purpose of 17 public dissemination." Basically, I'm going to It says, "Judicial 18 It goes on, but basically that's what it says. 19 And it's basically -- as I understand it, the conference 20 policy does not authorize the contemporaneous transmission 21 of photographs, recordings or broadcast. 22 a question that was asked, and I don't think that I've 23 heard that anybody was engaged in the contemporaneous 24 transmission of anything so far. 25 a copy. I think that was So I think that gives you If you want to get a copy of it, of course they'll Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 8 of 111 PageID 5211 138 1 give you one. 2 3 All right. I think we're ready with our witness. Hopefully, they let you each lunch. 4 THE WITNESS: 5 THE COURT: 6 MR. CASTELLI: 7 Absolutely. We're ready to proceed. Your Honor, did you want to take up the issue of standing witnesses? THE COURT: 8 9 Yes, sir. Yes. I did want to check and see where you were on that, and so where are we on that? MR. CASTELLI: 10 Well, we've conferred and I've 11 confirmed -- we think it might be helpful for the Court to 12 hear from Mr. Kramer, who was the original counsel on the 13 Kendrick case and could maybe clear some of this up. 14 THE COURT: 15 MR. CASTELLI: 16 It's your choice. list. 17 THE COURT: 18 MR. CASTELLI: 19 THE COURT: 20 21 But he was not on our witness He was not on your witness list. So I mean, I'm sure that the -- Any objection to Mr. Kramer testifying in this matter? MR. WELLFORD: Yes, there is, because it's not -- 22 he's not only not on the witness list, but he's been 23 sitting in the courtroom all morning and it would violate 24 the Rule of Exclusion under Federal Rule of Evidence 615. 25 Plus, he's still an attorney for a dismissed party but Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 9 of 111 PageID 5212 139 1 nonetheless parties in this litigation. 2 there are multiple reasons we would object to that. THE COURT: 3 And so, I mean, I think that I understand that. 4 about that? 5 are going to call Mr. Cody, right, tomorrow? What Now, anybody else besides -- obviously, you 6 MR. CASTELLI: 7 THE COURT: 8 I think what would have to happen if we're going 9 Yes, sir, tomorrow morning. Okay. Mr. Cody. to have Mr. Kramer testify, if you anticipate that that's 10 what you want to do, is that since you did not know that he 11 was a witness until this time and it's a little awkward, 12 but we could excuse him to the witness room. 13 a different reason for being present. 14 be present because he represented a dismissed party, and he 15 was here because there could be an appeal in connection 16 with the dismissal of the party. 17 MR. KRAMER: Yes. I know he had He had a reason to Is that correct? And another reason is that the 18 City and the ACLU have subpoenaed those people and I 19 represent them. 20 the witness stand, I'd want to be here. And so if they were going to be called to THE COURT: 21 Sure. They're entitled to have 22 counsel. So you're here in the capacity as an attorney for 23 witnesses who are to be presenting testimony in the case. 24 MR. KRAMER: 25 THE COURT: Who may be. May be, as well as an attorney who Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 10 of 111 PageID 5213 140 1 may be pursuing an appeal in connection with their 2 dismissal. MR. KRAMER: 3 I did not know I was going to be 4 called or even suggest I be called, and that's why I sat 5 here. 6 frankly, I can clear up a lot of the stuff that took place 7 in the '70s and -- But if Your Honor allows me to testify because, THE COURT: 8 9 The issue is whether or not -- one, it would have to amend the pretrial order, which we 10 certainly can do. 11 always to have a merits determination. 12 That's -- you know, our interest is And the second thing is whether or not 13 Mr. Wellford or the defense team would have needed to 14 obtain any information from you or deposition-type 15 information if they contemplated that you were going to be 16 a witness. 17 done that. 18 I don't know if they would or would not have I suppose the third thing is, is there any issue 19 regarding attorney/client privilege, which is a different 20 issue, which is usually somewhat more complicated and not 21 been asserted. 22 So what I would prefer to do, because we do this 23 whenever we can in any case, is if we can deal with the 24 issue of the surprise, then -- and I know that you've been 25 sitting here, but you were not contemplated to be a Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 11 of 111 PageID 5214 141 1 witness, we would allow you to be called if they're going 2 to give notice right now. 3 And if you're doing that, then you need to say 4 so, and then I would need to let the defense have an 5 opportunity -- if they want to take a brief deposition this 6 evening, they would be able to do that. 7 eliminates any surprise. 8 they might want to. 9 point in the proceeding if that's what ACLU Tennessee wants 10 to do. That's -- that They may not want to do that, but And then you would appear at some So you have to make a decision. MR. CASTELLI: 11 I think given the testimony that 12 we've had today, I think that would be our decision to call 13 Mr. Kramer, so we would give that notice. THE COURT: 14 Well, it's an element of unfairness 15 to Mr. Wellford and the defense team. 16 how do we remedy that? 17 which is -- we've done this before. 18 depositions given in the evening. 19 everybody. 20 fair -- 21 22 23 So the question is, I've already suggested one way, We've had brief I hate to do that to But I don't hate to that much. MR. KRAMER: I mean, if it's We did that in the case I was in with Your Honor. THE COURT: Right. We've actually done that. 24 have actually done that, and that's a way to be fair. 25 always critical that we not have a trial by ambush or We It's Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 12 of 111 PageID 5215 142 1 surprise, and that would mean that we would try to stop 2 pretty close to 5:00 or 5:15 as opposed to going perhaps a 3 little later so that you would have the opportunity -- 4 defense team would have an opportunity to make a decision 5 and then set that up. 6 Mr. Kramer, would you object to being deposed 7 briefly? That also means if we're going to call you, we 8 may have to exclude you to the witness -- excuse you to -MR. KRAMER: 9 I'll be excused, certainly. And if 10 I'm not going to be called back, I'd rather go back to my 11 office. 12 13 THE COURT: is your office? Oh, you can go back to your -- where It's like way out there in the -- 14 MR. KRAMER: 15 THE COURT: West Nashville. West Nashville, that's right. That's 16 West Nashville. They would just need to be able to make 17 sure that they could -- Mr. Wellford's office is downtown. 18 And I would require that if they want to take your 19 deposition, they could do it at their office. 20 require them to take it out of your office. 21 MR. KRAMER: 22 THE COURT: I wouldn't No, I don't mind coming back. Okay. Mr. Wellford, under the facts 23 presented, I think that's what we ought to do. It is an 24 important issue and we shouldn't have it be decided with an 25 incomplete record. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 13 of 111 PageID 5216 143 1 At the same time, you can arrange this any way 2 you want. 3 Ms. Silk wants to take that deposition -- is she the one in 4 charge here on that part of the case? 5 If you want to take that deposition or if MR. WELLFORD: I was going to depose -- I 6 would -- I will be cross-examining Mr. Cody and was 7 preparing to do that. 8 handle Mr. Kramer. 9 circumstances, we would want to depose him if he's going to 10 We'll have to consult on how to And actually, I assume, under the be allowed to testify. 11 THE COURT: 12 MR. WELLFORD: 13 Sure. Although I don't think it's a curable problem, but -- but we would like to -- 14 THE COURT: 15 MR. WELLFORD: Absolutely. -- depose him, and I would ask 16 that we would both be entitled to examine him because we 17 haven't made a decision over who would handle him tomorrow. 18 THE COURT: Sure. I think it's really any -- any 19 way that we need to proceed to level the playing field is 20 absolutely appropriate. 21 I'm not -- you're saying that Ms. Silk and you would both 22 cross-examine him? 23 MR. WELLFORD: 24 THE COURT: 25 MR. WELLFORD: I can't -- it's a little awkward. Not necessarily -- It'd be kind of odd. I don't want to be precluded. I Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 14 of 111 PageID 5217 144 1 guess I'd probably whisper in her ear or she'd whisper in 2 my ear. 3 4 THE COURT: I suggest you and Ms. Silk talk about that and decide how you want to do that. 5 MR. WELLFORD: 6 THE COURT: Right. Is that okay? And if it's necessary 7 because of a lack of preparation time, which I understand, 8 it's not easy to do, then we'll make an unusual -- that 9 would be an unusual accommodation, but we would make an 10 unusual accommodation. 11 I'm not urging that. 12 That's what we'll do. MR. WELLFORD: I'm not -- Respectfully, I don't believe it's 13 an -- from our point of view, the whole situation is 14 unusual and we do not believe that taking the deposition 15 cures the problem, but we would like to take the deposition 16 if the Court affords us an opportunity to do that, lacking 17 other options. 18 THE COURT: We would typically allow an attorney 19 who is representing a dismissed party whose -- individuals 20 have been called as witnesses in the case to be present. 21 So that wasn't anything unusual. 22 possibly or appears likely now call Mr. Kramer appears, 23 honestly, not to have been made until -- 24 25 MR. WELLFORD: The decision, though, to And I in no way -- look, Mr. Castelli and Ms. Floyd, there's no blame placed there Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 15 of 111 PageID 5218 145 1 at all. 2 situation as it presents right now. THE COURT: 3 4 Not at all. We're just trying to deal with the Absolutely. We're going to do as much as we can to make this work properly. 5 Mr. Kramer, it looks like that you are excused 6 now. 7 interesting scenario there and you have -- you have someone 8 who can pitch in on that? 9 If your clients are called, it's sort of an MR. KRAMER: I heard Mr. Castelli's witness list. 10 And if we get through all of them by 4:00 or 5:00, you're 11 really moving fast. 12 13 14 THE COURT: Oh, I don't -- I'm not worried about getting through everybody in that time. MR. WELLFORD: Absolutely. I do -- I would like to, if Your 15 Honor would permit, if Mr. Kramer has any documents that 16 are relevant -- 17 THE COURT: 18 MR. WELLFORD: Sure, absolutely. -- we are assuming that he will 19 bring them or try to make them available. 20 really want to be hearing about, well, I'm sure I've got 21 some documents back in my office somewhere tomorrow. 22 THE COURT: 23 MR. WELLFORD: And we don't Absolutely, absolutely. If there are documents that are 24 pertinent to the inquiries that have been made, we expect 25 that they will be brought with them tonight. And we would Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 16 of 111 PageID 5219 146 1 be prepared to start the deposition at 6:00. THE COURT: 2 3 Absolutely. Do you believe you have any documents that might be relevant in the case? 4 MR. KRAMER: 5 THE COURT: I believe I do. Then we'll have -- we're going to 6 have to have essentially a rule. Everything has to be a 7 little flexible in the system since we have to respond to 8 every situation. 9 defense counsel, hopefully this evening, all this evening, But if the documents are not produced to 10 but certainly in advance of your testimony and hopefully 11 all this evening, then production at the trial would not be 12 permitted, and that would -- that would be unfair. MR. KRAMER: 13 I understand. I will also make 14 copies for the ACLU because they haven't seen these, 15 either. THE COURT: 16 Okay. Okay. Well then, you'll 17 produce those to Mr. Wellford and his team and to 18 Mr. Castelli and his -- Castelli and his team at 6:00 this 19 evening at the offices of Baker Donelson. 20 thought? 21 MR. WELLFORD: Is that the If we're able to get them by 6:00, 22 maybe it might be easier to take the deposition at 7:00, 23 you know, we have some time to delve through them. 24 25 THE COURT: 6:00 anyway. He's going to have to be there at Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 17 of 111 PageID 5220 147 MR. WELLFORD: 1 2 And that's fine. That's fine. MR. KRAMER: 3 4 Okay. It's your downtown office and not the one out east? 5 MR. WELLFORD: 6 THE COURT: Right, downtown. I think we've got all that covered. 7 I appreciate everybody's really cooperation and trying to 8 get the issue properly addressed. 9 All right. 10 though. 11 come back up here. 12 I think we're ready to proceed, And, Ms. Floyd, I think we're ready for you to I will remind everybody, because we have some 13 people coming in and out and, of course, the court security 14 officer knows and Mr. Freeman knows that no recording, no 15 photographs. 16 certainly don't want to have an adverse effect on anybody 17 in terms of their testimony or anything else. 18 that's the way to handle that. 19 There's lots of good reasons for that, and we So we know And, Mr. Freeman, if there's an issue and you 20 want to bring somebody -- if you're concerned about 21 something, you'll just tap them on the shoulder and ask 22 them. 23 All right. And we've got Ms. Oliver back there. 24 Ms. Oliver is the deputy court clerk. She's the one who 25 runs everything, and she will -- well, that's the truth. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 18 of 111 PageID 5221 148 1 And we appreciate -- if we haven't -- if somebody's got a 2 question about it, we've disseminated the Judicial 3 Conference policy and that's the one we're going to follow. 4 Thanks so much. Appreciate it. 5 Yes, ma'am. 6 MS. FLOYD: All right. 7 THE COURT: Okay. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I think we're all set to go. I'm ready. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 19 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5222 149 TIMOTHY REYNOLDS, 1 2 was called as a witness and having first been duly sworn 3 testified as follows: 4 DIRECT EXAMINATION (CONTINUED) 5 6 BY MS. FLOYD: 7 Q. All right. 8 A. Thank you. Welcome back. MS. FLOYD: 9 All right. 10 mark the next exhibit. 11 relationships from Facebook. THE COURT: 12 13 18 MS. FLOYD: That will be 23, marked That's pretrial Number 161. BY MS. FLOYD: Q. All right. I'm going to -- MS. FLOYD: May I approach the witness, Your THE COURT: You may. Honor? 21 22 All right. marked as Exhibit Number 23.) 19 20 It is a compilation of friendship (WHEREUPON, the above-mentioned document was 16 17 I am going to and received. 14 15 Let's see. BY MS. FLOYD: 23 Q. All right. 24 Sergeant Reynolds, your title is now? 25 A. Yes, ma'am. And do you recognize, Sergeant -- is it Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 20 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 Q. 2 PageID 5223 150 Wonderful. Sergeant Reynolds, do you recognize the document that 3 I have handed you? 4 recognize what it is generally? 5 A. Yes, ma'am. 6 Q. Okay. 7 A. It's a list of associations of my undercover account 8 with other people. 9 Q. 10 If you have not seen it before, do you I recognize generally what it is. And can you explain for us what it is? Okay. Wonderful. And I'll take that back from you and put it on the projector. 11 All right. Thank you. And turning to the second page, does this 12 document indicate -- what does this page indicate? 13 A. 14 Garner. 15 Q. All right. 16 A. May I see that one again? 17 it? 18 Q. 19 became friends with Paul Garner? 20 A. August 2015. 21 Q. All right. 22 see -- 569, what does this page indicate? 23 A. 24 May of 2016. 25 Q. That my undercover account was friends with Paul Yes. 2015 was the year, wasn't When does it indicate that the Bob Smith account And turning to Bates Number 5 -- let's My undercover account was friends with Spencer Kaaz in Okay. And does it indicate that there were Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 21 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5224 151 1 interactions between the Bob Smith account and Spencer Kaaz 2 that were public? 3 A. 4 birthday. 5 Q. 6 Yes. It's been redacted, but I wished Spencer a happy And I'll move on. All right. Bates Number 571, what does this page 7 indicate? 8 A. 9 I believe his proper name is Aaron Lewis. That my undercover account is friends with Al Lewis. And that was 10 July of 2016. 11 Q. 12 with Al Lewis, the Bob Smith account? 13 A. We had 14 friends in common. 14 Q. What does this page indicate, Bates Number 577? 15 A. That my undercover account was friends with Tami 16 Sawyer, and we had 18 mutual friends in common in July of 17 2015. 18 Q. 19 Sawyer? 20 A. Yes, ma'am. 21 Q. All right. 22 this page indicate? 23 A. 24 Watkins. 25 friends since November of 2015. Okay. And how many friends did you have in common So July 2015 was when you became friends with Tami This is Bates Number 579, and what does My undercover account was friends with Bradley We had 19 mutual friends in common and we were Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 22 of 111 DIRECT EXAMINATION OF T. REYNOLDS All right. PageID 5225 152 1 Q. And that's -- the pages that I have 2 referenced, that's just a sampling of the friends -- friend 3 associations the Bob Smith account had? 4 A. Yeah. 5 Q. All right. 6 being made public, how many friends did the Bob Smith 7 account have? 8 A. When was it made public? 9 Q. July -- around July 20th of this year. 10 A. I don't know really how many friends. 11 hundreds. 12 Q. In the hundreds. 13 A. Possibly. 14 Q. Was it more than 300? 15 A. I don't know. 16 Q. Okay. Yes, ma'am. Yes, ma'am. In all, prior to the Bob Smith account MS. FLOYD: 17 It's just a sampling. It was in the Was it more than 200? All right. The next exhibit I'll 18 mark is the posts from apps and website section of the Bob 19 Smith data file. 20 just designated portions. THE COURT: 21 22 23 24 25 The next few will be from 139. All right. It was That's 24, marked and received. (WHEREUPON, the above-mentioned document was marked as Exhibit Number 24.) BY MS. FLOYD: Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 23 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5226 153 1 Q. Do you recognize what this document is? 2 A. Not really. 3 this is like an ART file, basically? 4 Q. It's the data file produced by the City. 5 A. Once my account was closed, I didn't see the data -- 6 this document. 7 Q. 8 tell you the day it was prepared. 9 A. July 26th of 2018. 10 Q. Okay. 11 look at the front page? 12 A. Posts from apps and websites. 13 Q. Okay. And I'll put it up so everyone can see. Okay. And looking just at this first page, what are 14 Is this after the account was closed and If you look on the last page of the document, it will And what section of the data file is it, if you 15 the -- what is the first entry? 16 A. 17 permission to post on your behalf. 18 Memphis Coalition of Concerned Citizens March 5th of 2018 19 at 11:55 a.m." 20 It says, "Posts from the apps that you've given Bob Smith reviewed Is that all you wanted? 21 Q. Then turning back to the time period at issue, and 22 that's still on the first page, what is the next entry 23 after the Coalition of Concerned Citizens? 24 A. 25 Meetings Over Jobs, Incarceration." "Bob Smith likes an article, Protesters Arrested at Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 24 of 111 DIRECT EXAMINATION OF T. REYNOLDS Okay. PageID 5227 154 1 Q. And this data file doesn't capture -- does this 2 data file capture whether your friends -- Bob Smith's 3 friends interacted with these posts? 4 A. I don't know, ma'am. 5 Q. Do you see here where that information is indicated? 6 A. There's -- are you talking about the computer link 7 there? 8 Q. 9 liked the post or commented on it? Is there any indication on this page whether someone 10 A. No, ma'am. 11 article," is that what you're -- that's the only like I see 12 on the page. 13 Q. MS. FLOYD: THE COURT: 20 Right. Marked as the next-numbered exhibit, 25. 18 19 The next exhibit will be the comments section from the Bob Smith data file. 16 17 "Bob Smith likes an Okay. 14 15 I don't see one. (WHEREUPON, the above-mentioned document was marked as Exhibit Number 25.) BY MS. FLOYD: 21 Q. All right. Sergeant Reynolds, this is the same as 22 before. 23 A. Yes, ma'am. 24 Q. What section is it? 25 A. It's the comments section of the ART file. Do you recognize this document? Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 25 of 111 DIRECT EXAMINATION OF T. REYNOLDS Okay. All right. PageID 5228 155 1 Q. And when was the most recent 2 comment that's captured through this section? 3 A. January 24th of 2018. 4 Q. Okay. 5 exhibit, looking at the comment on the Southern Poverty Law 6 Center's link, what is the -- what is the nature of that 7 comment? 8 A. 9 programs like welfare, food stamps and free cell phones has Looking at the -- on the second page of this I'll read the comments. It says, "Entitlement 10 crippled America. Rather than be forced to find work, 11 people are staying and refusing to work. 12 color, I choose to live in the area where I can give back. 13 Where crime is still rampant, I am trying to reach out -- 14 to reach young people and young mothers. 15 Democrat party, has turned its back on us helping us get 16 out. 17 brainwashed many to believe that the handouts are hand-ups. 18 They aren't when you never get up. 19 down, how is this handout helping?" 20 Q. Okay. 21 A. Where was it? 22 Q. On what date? 23 A. August 7th, 2016. 24 Q. All right. 25 of color? As a man of My party, the Instead they have enabled us to stay down and have When you're always When was that comment from? Southern Poverty Law Center. And just for the record, you are not a man Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 26 of 111 DIRECT EXAMINATION OF T. REYNOLDS 156 1 A. No. 2 Q. Okay. 3 of color online? 4 A. Okay. 5 Q. I'm asking for your testimony. 6 A. I was never asked what color I was. 7 Q. Okay. 8 color," you are not identifying as a man of color? 9 A. But the Bob Smith account identified as a man So in this comment where you say "a man of I don't -- I might have cut and paste that from some 10 other place. 11 while. 12 Q. I don't know where I got that. It's been a Okay. THE COURT: 13 If you ask a little different 14 question, to whom was that comment attributed as an 15 individual, just so we'll be clear? 16 PageID 5229 BY MS. FLOYD: 17 Q. To whom was that comment attributed? 18 A. I don't recall. 19 Q. As -- was it attributed to Bob Smith? 20 A. I -- Bob Smith posted it, but I don't know. 21 no one in particular that was attributed to. 22 Q. 23 to post from the Bob Smith account? 24 A. At the time, I thought that needed to be posted. 25 Q. For what reason? There was So what was the purpose of -- why was that important Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 27 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 A. I don't -- I don't know. 2 Q. Okay. 3 THE COURT: 4 THE WITNESS: 5 PageID 5230 157 Just needed to be posted. I'm sorry, who posted it? I did. BY MS. FLOYD: 6 Q. So explaining the Bob Smith account, maybe let's zoom 7 out a little bit and explain what the Bob Smith account 8 was. 9 A. It was my undercover account. And part of the process 10 of having an undercover account is you have to -- you have 11 to post stuff in order to look like an active account. 12 that's just probably a post I wanted to make, to make it 13 look like it was still an active account. 14 Q. 15 when -- I guess maybe I'll ask this before we go to this 16 page: 17 account -- when -- when did you start posting to the Bob 18 Smith account? 19 A. 20 2010 or '09? 21 Q. 22 account change over time? 23 A. It has. 24 Q. Okay. 25 A. When I first opened the account, it was strictly -- Okay. And And turning to Bates Number 23882, does -- When did you begin posting to the Bob Smith Probably back when I first opened it. Okay. When was it, And did the -- did your use of the Bob Smith And can you explain that change? Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 28 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5231 158 1 well, it's always been a police account. 2 Q. Okay. 3 A. During the course of my duties as a police officer and 4 an investigator at a precinct and on the task force, we are 5 from time to time required to try to identify suspects, 6 gang members, and a few complaints that are made on social 7 media, and I wasn't going to use my account. 8 developed this account for just about everything else other 9 than what I wanted to do personally. So I So there's games on 10 it. There's basic investigations being done on it, too. 11 Q. Okay. 12 account to investigate protest activity. 13 begin to use the account in that capacity? 14 A. 15 earnest. 16 Q. And you testified earlier that you used the When did you Right around the time that the zoo protest started in That was probably in May of 2016. Okay. 17 MS. FLOYD: Okay. 18 THE COURT: Marked and received as 26. 19 MS. FLOYD: The next exhibit will be the people I'll go to the next exhibit. 20 that the Bob Smith account was following, so the 21 "following" -- the "following" section from the Bob Smith 22 account, if that makes sense. 23 24 25 (WHEREUPON, the above-mentioned document was marked as Exhibit Number 26.) BY MS. FLOYD: Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 29 of 111 DIRECT EXAMINATION OF T. REYNOLDS All right. PageID 5232 159 1 Q. 2 Facebook section? 3 A. 4 Facebook, and it's just a compilation of people I was 5 following. 6 Q. Okay. 7 A. My undercover account, I was following through my 8 undercover account. 9 Q. Yes, ma'am. Okay. And do you recognize this section, this This is from the archive file from And when you say "I was following," do you -- This is the final page of the data file section 10 Bates Number 23917, and what does this entry indicate? 11 A. I was following Thaddeus Matthews. 12 Q. And when did you begin following Thaddeus Matthews? 13 A. Mr. Matthews was assaulted at a club by Jeffries, and 14 that's when I started following Thaddeus Matthews. 15 Q. And the question is when? 16 A. Oh, September 13th, 2015. 17 Q. Okay. 18 Okay. And this is Bates Number 23916, and what does 19 this entry indicate? 20 A. 21 July 24th, 2016. 22 Q. And who is Wendi Thomas? 23 A. She used to be with the Commercial Appeal. 24 Q. All right. 25 A. I was following Devante Hill, August 15th of 2016. I was following Wendi Thomas, Wendi C. Thomas, And what does this entry indicate? Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 30 of 111 DIRECT EXAMINATION OF T. REYNOLDS Okay. PageID 5233 160 1 Q. And how did you decide on behalf of the Bob 2 Smith account to follow individuals through the Bob Smith 3 account? 4 A. 5 also, from time to time, complaints as a part of our normal 6 workload that required follow-up research on social media; 7 to be specific, Facebook. 8 Q. Usually we're following current events in Memphis, and Okay. MS. FLOYD: 9 All right. The next exhibit will be 10 the event invitation page data file section of the Bob 11 Smith Facebook account. 12 THE COURT: 13 (WHEREUPON, the above-mentioned document was 14 15 Marked and received as 27. marked as Exhibit Number 27.) BY MS. FLOYD: 16 Q. All right. And what does this section indicate? 17 A. This is an archive file of Facebook invitations to 18 events -- 19 Q. Okay. 20 A. -- that my undercover -- I, through my undercover 21 account, had received. 22 Q. 23 muffled. 24 A. 25 received. What was the final word you said? I'm sorry, it was I said, I, through my undercover account, had Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 31 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 Q. 2 PageID 5234 161 Okay. There it is. Okay. Turning to Bates Number 23909, this section 3 also includes this page, and is this page different than 4 the first page you talked about? 5 A. 6 Invitations, these are the ones I responded to? 7 what it was? 8 Q. I'll show you the first page again. 9 A. Thank you, ma'am. 10 Just my responses. All right. What did the first one say? Is that The first page is my invitations, and then 11 the last one is my responses. 12 Q. 13 receive an event invitation as a Facebook account. 14 A. 15 go out all the time. 16 you're interested in going to. 17 Q. 18 you, on behalf of Bob Smith, indicate you were going to go 19 to? 20 A. 21 September 30th, 2016, 5:00 p.m. to September 30th, 2016 to 22 7:30 p.m. 23 p.m. 24 Rebuilding the Black Families, hashtag Justice for Darrius 25 Stewart, August 22nd, 2015, 3:00 p.m. Okay. So explain how that works in Facebook when you Invitations go out. Okay. I'm not quite sure how, but they And then you pick the ones that And so what events did Bob Smith indicate -- Black Lives Matter in the Media with Shaun King from Fight for 15 rally, September 10th of 2015, 5:00 The War on Blacks in the City of Memphis, Combined by Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 32 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 5235 162 Do you want me to do the maybes and interested? 2 Q. I'll just point out a few in particular. 3 here? 4 A. 5 5:00 p.m. to October 3rd, 2016, 6:00 p.m. 6 Q. 7 interested in attending that event? 8 A. 9 like a real person. This event North Memphis voter registration, October 3rd, 2016, Why did the Bob Smith account indicate it was Like I was telling you, you have to make this look So a real person would be interested 10 in something, you know, from time to time, and these I 11 marked that I was interested in. 12 Q. 13 was that important for the Bob Smith account to like 14 that -- 15 A. To show that I'm active. 16 Q. But why that particular event? 17 A. It was nothing in particular about it. 18 it was something I just at random decided that I wanted to 19 act like I was attending. 20 Q. What does that -- what purpose does that serve? It's just -- Okay. MS. FLOYD: 21 Why All right. The next exhibit will be 22 the group membership activity section of the Bob Smith data 23 file. 24 THE COURT: 25 (WHEREUPON, the above-mentioned document was Marked and received as 28. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 33 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 5236 163 marked as Exhibit Number 28.) THE COURT: 2 To the degree that dates can be 3 associated with a particular document, too, it's good. 4 Sure. MS. FLOYD: 5 6 Yes, Your Honor. BY MS. FLOYD: 7 Q. 8 you recognize it? 9 A. Yes, ma'am. 10 Q. So what are Facebook groups? 11 A. Facebook groups are -- there's the public side, like I 12 said, and that -- on Facebook, that is indicated by a 13 globe. 14 And this data file was pulled on July 26th, 2018. Do So anybody in the public can read those posts. More private groups are groups that are -- you know, 15 the distribution of posts have been limited. 16 what these groups are indicating, usually friends. 17 Q. 18 private; is that your testimony? 19 A. Or you have to ask to join and are accepted. 20 Q. Okay. 21 determine which groups to join? 22 A. 23 just random requests to join, to make the account look 24 active, like I mentioned before. 25 are in there specifically. Okay. Those are So the groups on that list are groups that are And how did you, on behalf of Bob Smith, I'd have to see a specific example. Some of them were There may be some that Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 34 of 111 DIRECT EXAMINATION OF T. REYNOLDS Okay. PageID 5237 164 1 Q. And what specific reasons were there for 2 joining groups? 3 A. Be part of an investigation. 4 Q. Okay. 5 mean criminal investigation? 6 A. Could be unlawful. 7 Q. What's the difference there unlawful and criminal? 8 A. Making a post that is detrimental to someone, threats 9 of violence or something like that, that's First Amendment And when you say an investigation, does that It can be criminal. 10 protected. 11 into something that might be unlawful. 12 You can do that, but you're starting to get Events that are unpermitted or groups that meet in 13 places that should require a permit and don't get permit or 14 exceed the permit notices, those would be kind of unlawful. 15 Q. 16 group is indicated -- am I indicating here? 17 A. 18 request to join this group, November 11th, 2015. 19 Q. 20 When did you begin acting on -- as -- when did you begin 21 using the Bob Smith to investigate protest activity? 22 A. 23 of Darrius Stewart was probably -- is probably the first, 24 because there was a lot of officer safety concerns. 25 were receiving a lot of general threats to officers and Okay. And turning to page Bates Number 24016, what Darrius Stewart's Right for Justice has approved your Okay. And so you were acting on behalf of Bob Smith. I didn't -- let's see. The Connor Schilling shooting We Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 35 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5238 165 1 officers specifically. So -- and a lot of them had to do 2 with threats around the Darrius Stewart shooting, so that's 3 probably what prompted that -- my request to join that 4 group. 5 Q. Okay. MS. FLOYD: 6 All right. The next exhibit will be 7 the data file section entitled Your Posts and Comments in 8 Groups that was prepared on July 26, 2018. THE COURT: 9 10 13 Marked and received as 29. 11 12 All right. (WHEREUPON, the above-mentioned document was marked as Exhibit Number 29.) BY MS. FLOYD: 14 Q. Do you recognize what this section of the data file 15 indicates? 16 A. 17 comments and groups, and it's from the ART file of my 18 undercover account from Facebook. 19 Q. 20 that section? 21 A. 22 would make. 23 Q. In groups? 24 A. In private groups. 25 Q. Okay. Yes, ma'am. Okay. Your posts in groups and comments -- And what type of comments is that capturing in The comments I, as an undercover -- as Bob Smith, No questions on that exhibit. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 36 of 111 DIRECT EXAMINATION OF T. REYNOLDS MS. FLOYD: 1 Okay. PageID 5239 166 The next exhibit is the posts 2 and comments section of the Bob Smith data file from -- 3 prepared on July 26, 2018. 4 THE COURT: 5 (WHEREUPON, the above-mentioned document was 6 marked as Exhibit Number 30.) MR. WELLFORD: 7 8 Marked and received as 30. Excuse me, Your Honor. May I just consult briefly with Ms. Floyd on that? 9 THE COURT: Absolutely, sure. 10 MS. FLOYD: Counsel have consulted and have Go right ahead. 11 agreed to limit the data file back to 2015 to avoid some of 12 the older or more sensitive posts. THE COURT: 13 That's certainly fine. 14 agreed upon, that's perfectly fine. 15 will not go before 2015. MR. WELLFORD: 16 Will be limited and Ms. Floyd will probably just 17 announce the start date on '15. 18 THE COURT: Right. 20 MS. FLOYD: Yes, Your Honor. 21 THE COURT: Okay. 19 22 If it's Just make sure that it's not submitted. Thank you. BY MS. FLOYD: 23 Q. The beginning Bates range will be 24029, and the 24 ending will be -- oh, and actually, it's already limited in 25 time. All right. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 37 of 111 DIRECT EXAMINATION OF T. REYNOLDS THE COURT: 1 2 PageID 5240 167 What's our last -- what's our last Bates number? 3 MS. FLOYD: And the last page number is 24269. 4 THE COURT: Okay. 5 MR. WELLFORD: Your Honor, would you permit me to 6 ask Ms. Floyd if she could just give the start date? 7 know we got the Bates number, but maybe the date. 8 THE COURT: Absolutely the date. 9 MS. FLOYD: The stop date or the start? 10 MR. WELLFORD: 11 MS. FLOYD: 12 a few posts to 2012. 13 date. The start. The start date is -- it does contain August 3rd, 2012 is the last full 14 THE COURT: 15 MR. WELLFORD: 16 THE COURT: 17 Do you want us to delete those? If I could look at it real quick. Take a look at those. Absolutely. BY MS. FLOYD: 18 Q. 19 indicate? 20 A. 21 It's the ART file version from Facebook. 22 Q. 23 you and put it up on the screen so everyone can see. 24 25 I All right. Sergeant Reynolds, what does this section Posts and comments from me in my undercover account. Okay. And what is the -- well, I'll take it back from What is the date of the last post in the section? A. July 17, 2018 at 2:06 a.m. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 38 of 111 DIRECT EXAMINATION OF T. REYNOLDS Okay. PageID 5241 168 1 Q. What is the -- on this last page, I -- you can 2 see there are spaces between the posts, and what does that 3 indicate? 4 A. Spaces between the posts? 5 Q. Well, time differences between the posts -- between 6 this post and this post. 7 A. Okay. 8 Q. Did the purpose of the account change between 9 June 3rd, 2014 and June 27th, 2015? 10 A. No, ma'am. 11 2014 to July 27th, 2015. 12 Q. 13 investigating protest activity around the incident with 14 Darrius Stewart. 15 this post here, the July 27th, 2015? 16 A. That's previous to that. 17 Q. Okay. Okay. I just didn't like anything from June 3rd, You testified earlier that the account began Does this correspond to that time frame, We can come back to this. MS. FLOYD: 18 Okay. The next exhibit will be the 19 Your Post data file section from the Bob Smith data file 20 prepared on July 26th, 2018. 21 THE COURT: 22 (WHEREUPON, the above-mentioned document was 23 24 25 Marked and received as 31. marked as Exhibit Number 31.) BY MS. FLOYD: Q. All right. And what is this part of the data file Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 39 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5242 169 1 capturing? 2 A. 3 shared -- my undercover account has shared on Facebook. 4 Q. 5 on your own time -- on your own page as Bob Smith? 6 A. Yes. 7 Q. Okay. 8 you would share? 9 A. My photos, videos, texts, status updates that I Okay. So where were those shared on Facebook? Yes, ma'am. And how did you determine what types of posts I'd have to look more in those links, but there was 10 probably something that was timely or in the news or 11 topical. 12 Q. Any particular subjects? 13 A. No, ma'am. 14 Q. No other questions on that one. 15 Was it All right. We'll come back to some of those 16 conversations, but I wanted to ask you about the different 17 records that were kept by the Office of Homeland Security. 18 What type of reports or records did the Office of Homeland 19 Security produce? 20 A. 21 contained in our record management system, the Memphis 22 Police Department's RMS system. 23 Records and reports? The reports are going to be From time to time, as far as my job is concerned, I'm 24 required to produce information or give advice. 25 e-mails. Those are And then from time to time, my bosses require Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 40 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5243 170 1 updates, and I produce those, as well. 2 Q. Okay. 3 A. That was a recommendation from my boss, and I produced 4 those. 5 Q. 6 begin circulating the Joint Intelligence Briefings? 7 A. 8 were worried about a copycat shooting here in Memphis. 9 lot of the stuff that was coming out in the news that -- Okay. And how about the Joint Intelligence Briefings? And when did the Office of Homeland Security It was right after the Pulse nightclub shooting. We A 10 people were following it and we had to try to get a handle 11 on whether we're going to have a problem here in Memphis, 12 because at the time, it was Gay Pride Month in Memphis and 13 there were a lot of events scheduled. 14 Q. 15 Briefing? 16 A. 17 first. 18 before, so we were kind of -- you know, it was kind of 19 crude at first. 20 together. 21 enforcement and some area -- areas of concern downtown 22 and -- that some of these events may have been occurring. 23 Q. 24 added to the circulation list? 25 A. Okay. And who received the Joint Intelligence The distribution list was given a pretty wide berth at This -- I wanted to add, this had never been done Okay. We just kind of started putting things But the distribution list was mainly law And how did nonlaw enforcement agencies get From time to time, there was -- people would make Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 41 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5244 171 1 request, and the request would be forwarded and approved. 2 But from time to time, we had some suspicious activity and 3 some unlawful activity going on. 4 added to keep them apprised of the problem and to see if 5 they can contribute and help us with the solution. 6 Q. 7 receiving the JIB? 8 A. 9 the list. Okay. And when did nonlaw enforcement agencies stop I don't recall the day. Chief Hardy told me to cull I'd have to see something a little more on the 10 timeline on that. 11 Q. I can't remember. Okay. MS. FLOYD: 12 And those people were All right. The next exhibit will be 13 an e-mail from Jerry Blum to Tim Reynolds on October 4th, 14 2016. 15 THE COURT: 16 (WHEREUPON, the above-mentioned document was 17 marked as Exhibit Number 32.) MS. FLOYD: 18 19 Marked as 32 and received. And this is Pretrial 97. BY MS. FLOYD: 20 Q. Do you recognize this e-mail? 21 A. Yes, ma'am. 22 Q. And what is it? 23 A. It's an e-mail from Jerry Blum to me. 24 October 4, 2016. 25 Q. It's dated "Hello, Tim, can I be included" -- I'll ask you some questions about it. Thank you so Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 42 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 5245 172 much. 2 All right. So where -- who is Jerry Blum? 3 A. 4 He was -- he is a retired chief. 5 Q. Okay. 6 A. No. 7 Q. Okay. 8 A. "Can I be included in this daily JIB?" 9 Q. Okay. 10 A. I'm not sure. 11 Q. Okay. 12 Jerry Blum received the e-mail JIB? 13 A. Frank McGowan. 14 Q. Okay. 15 A. Frank McGowan is also a retired police officer with -- 16 who now works for FedEx. 17 Q. 18 He's currently the director of security at AutoZone. But he's not currently in law enforcement? And what is he asking for in this e-mail? How did he receive the JIB? I'm not sure how he received it. This section right here, does this indicate how Okay. He got it from Frank McGowan. Who is Frank McGowan? And he now works for FedEx, okay. And did you add Jerry Blum to the JIB recipient list? 19 A. I asked my supervisor and he was added. 20 Q. Okay. 21 events were included in this Joint Intelligence Briefing? 22 A. 23 a large public attendance, Wednesday, October 5th, 2016 24 from 1800 to 2345. 25 will be performing in concert at The Hi Tone Cafe, 412 Turning to the last page of the JIB, what Upcoming events with high law enforcement presence and The rock/rap group Insane Clown Posse Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 43 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5246 173 1 North Cleveland Street for their Riddle Box concert tour. 2 Friday, October 7, 2016, North Memphis Think Tank is 3 holding a neighborhood meeting at the Hollywood Community 4 Center, 1560 North Hollywood Street from 5:30 to 8:30 -- 5 sorry, 7:30. 6 Q. 7 the Pretrial 138. 8 9 And hold on one second, Sergeant Reynolds. This is It's in the designated JIBs. Continue, and you can read it to yourself and then just tell us what the events are. 10 A. 11 Halloween of 2016. 12 Q. Okay. 13 A. It was North Memphis Think Tank is holding a 14 neighborhood meeting. 15 There's several upcoming events just prior to And what was the second event? MR. WELLFORD: Excuse me, Judge, I'm sorry to 16 interrupt, but this is a 230-page collective exhibit. 17 if we get the Bates stamp number, we can -- 18 THE COURT: Sure, absolutely. 19 MS. FLOYD: Sure, absolutely. 20 Okay. 21 Let's do that. The starting Bates number is 15667. The ending Bates number is 15672. 22 MR. WELLFORD: 23 MS. FLOYD: 24 MR. WELLFORD: 25 So BY MS. FLOYD: And this is Exhibit 33? Exhibit 32. 32, okay. It's attached. I see. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 44 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5247 174 1 Q. Okay. 2 A. The third event is October 8, 2016, 1300 at a local 3 chapter of Black Lives Matter is holding a community 4 cookout at Pilgrim Rest Baptist Church. 5 Q. 6 what is the original e-mail right here, if you could 7 describe that for us? 8 A. The original e-mail? 9 Q. Yeah. 10 A. It's -- the subject is JIB Sunday, October 4, 2016 at 11 8:00 in the morning. 12 Q. Okay. 13 A. Yes. 14 Q. And did it have the JIB attached? 15 A. It did. 16 Q. And was Frank McGowan a recipient of that e-mail? 17 A. He was. 18 Q. Okay. 19 A. Looks like it. 20 Q. Who asked you to be added to the daily e-mail? 21 A. Yes. 22 Q. Okay. 23 we just described with the events, the three events, that 24 was attached to the original e-mail to Frank McGowan? 25 A. Okay. Yes. And the third event? And so looking to the first page, this was -- It's -- now you can see the subject. And is this original e-mail from you? And then he forwarded that to Jerry Blum? Oh, and just to close the loop on that, the JIB Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 45 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 Q. PageID 5248 175 Okay. MS. FLOYD: 2 All right. And the next exhibit is a 3 Joint Intelligence Briefing from March 3rd, 2017, 4 0800 hours. 5 ending Bates range is 18003. The beginning Bates range is 17998, and the 6 THE COURT: 7 (WHEREUPON, the above-mentioned document was 8 9 Marked and received as 33. marked as Exhibit Number 33.) BY MS. FLOYD: 10 Q. All right. Do you recognize this document? 11 A. Yes, ma'am. 12 The JIB for the Day, which is March 3rd, 2017 at 8:00 in 13 the morning. 14 Q. 15 yourself, but without reading it, what document is attached 16 to that e-mail? 17 A. The JIB for the day. 18 Q. Okay. 19 And you don't have to read all of them by name but just by 20 general category. 21 JIB? 22 A. 23 is there anyone in particular you want me to point out? 24 Q. 25 JIB? It's an e-mail from me. The subject is And without -- you can look through it to familiarize So as of 3-3-2017, who was receiving this JIB? What types of people were receiving the I would -- that's the JIB distribution list. I mean, Was Shelby County Sheriff's Department receiving the Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 46 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5249 176 1 A. They were. 2 Q. Okay. 3 A. The Tennessee Fusion Center. 4 Q. Who is J. Whitfield? 5 A. A police officer with the Germantown Police 6 Department. 7 Q. Okay. 8 A. A retired Memphis police colonel. 9 MLGW. Who does Stephanie Juno work for? Who is A. Rosser? He now works for 10 Q. And David Martello? 11 A. Retired Memphis police officer, now works for FedEx. 12 Q. Okay. 13 A. Retired Memphis police officer, now works for FedEx. 14 Q. And I'm asking where they currently work, not where 15 they worked before. 16 A. I'm not sure who that is, ma'am. 17 Q. Do you know what organization that e-mail ending is 18 for? 19 A. Shelby County Schools. 20 Q. Okay. 21 A. I don't know who that is, but he's with the Department 22 of Justice. 23 Q. Okay. 24 A. At St. Jude. 25 Q. Stuart Frisch? And Frank McGowan? So Cole SR? George Mavromatis? Tony Armstrong? Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 47 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 A. St. Jude. 2 Q. St. Jude? 3 PageID 5250 177 Jerry Blum? 4 A. AutoZone. 5 Q. Okay. 6 until 3-3-2017, which was the last JIB produced in 7 discovery in this case, Jerry Blum still was on the 8 distribution list? 9 A. Yes, ma'am. 10 Q. Okay. 11 the distribution list? 12 A. He was. 13 Q. When? 14 A. I don't remember the date. 15 his office and gave us limitations on who the list can go 16 out to, and it was culled. 17 Q. Okay. 18 A. No. 19 Q. Was it in the last month? 20 A. It's been longer than that. 21 Q. Was it in the last six months? 22 A. It's probably a little longer than that. 23 Q. Was it in the last year? 24 A. It's sometime between six months and a year. 25 Q. Okay. So from October 4th, 2016 of the last exhibit Do you know if Jerry Blum was ever removed from Chief Hardy called us to And was that in the past two weeks? It was before that. How did OHS collect the information that it put Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 48 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5251 178 1 in the Joint Intelligence Briefing? 2 A. 3 day. 4 far as events that are coming in from the collator, and 5 then things that we could find that looked like real events 6 on Facebook. 7 Q. 8 account to collect information for the Joint Intelligence 9 Briefing? 10 A. Open sources. Things that we got from the Real Time Crime Center as Okay. And did you -- did you use the Bob Smith Yes. MS. FLOYD: 11 12 A lot of it's from the news for the Pretrial 2. All right. The next exhibit will be It is an e-mail from Major Bass from 7-6-16. 13 THE COURT: 14 (WHEREUPON, the above-mentioned document was 15 16 Marked and received as 34. marked as Exhibit Number 34.) BY MS. FLOYD: 17 Q. All right. Was this an e-mail that you received? 18 A. Yes, ma'am, from Major Eddie Bass. 19 Q. Okay. 20 A. There was a complaint from the precinct that there was 21 a lot of people gathering at 1701 Jackson, and we didn't 22 know that that was -- how that happened. 23 didn't anticipate any -- any large gathering there. I 24 think it's called the Kings Grocery there at 1701. So I 25 went over there to see if there was really a large And what was happening in this e-mail? We didn't -- we Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 49 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5252 179 1 gathering there. 2 Q. 3 did you keep track of who attended or led the protest? 4 A. 5 before or anything. 6 blue. 7 and this was just kind of impromptu. 8 Q. 9 this event? Okay. And so in collecting intel about this event, This one in particular, afterwards I did, but not Like I said, this came out of the Alton Sterling had just been killed in Louisiana, Okay. And why did you keep track of who organized 10 A. Because that was a name I was not familiar with. 11 Q. Okay. 12 A. It's usually a mental note. 13 verify it with going to the actual social media platform 14 and confirming what your recollection is. 15 Q. 16 remember? 17 you remember? 18 A. The JIBs. 19 Q. So the JIBs helped you to remember? 20 A. Yes. 21 Q. Okay. 22 A. Categories, chronological. How did you keep track of who led the protest? I mean, you can just And did you -- did you keep something to help you I mean, there were a lot of events, so how did 23 MS. FLOYD: 24 from Bass on 7-6-16. 25 THE COURT: The next exhibit will be an e-mail It's Pretrial 3. Marked and received as 35. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 50 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 2 3 PageID 5253 180 (WHEREUPON, the above-mentioned document was marked as Exhibit Number 35.) BY MS. FLOYD: 4 Q. All right. Is this an e-mail that you received? 5 A. Yes. 6 The date is 7-6 of 2016. 7 Q. 8 to? 9 A. Subject is A Vigil in Progress. 10 Q. Okay. 11 talking about? 12 A. Yes, ma'am. 13 Q. Okay. 14 happening here? 15 A. 16 Police Department and also works for the Shelby County 17 Sheriff's Department as an analyst. 18 Q. Okay. 19 A. I don't -- I need to see the -- "please see the 20 attached document for the information regarding the vigil 21 in progress. 22 Detective Reynolds on the scene. 23 the Real Time Crime Center. 24 anything." 25 Q. Yes, ma'am. All right. It's from my major, Colonel Bass. And do you know what this is in regards Is this the same event that we were just And so this is the e-mail earlier. And what's Who is Caralee Barrett? She's an analyst, part time works for the Memphis And what information is she sending out? This information has been provided to I'm still monitoring from Let me know if you need But I don't see what the attachment is. What I'd like to focus on is just the role of Caralee Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 51 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5254 181 1 Barrett in communicating information to you. So when she 2 says she was monitoring from the RTCC, what does that mean 3 generally when they monitor? 4 A. 5 cameras up all over the city and most of them have feeds to 6 the Real Time Crime Center. 7 find out what's going on. 8 Q. 9 protest from the Real Time Crime Center in real time? The RTCC is Real Time Crime Center, and they have Okay. So you can pull those up and So in this case, Ms. Barrett was monitoring the 10 A. Apparently. 11 Q. Okay. 12 A. He said, "Thank you very much. 13 cars en route." 14 Q. And what does that mean? 15 A. There was uniform officers heading that way. 16 Q. Okay. 17 plain clothes? 18 A. Plain clothes. 19 Q. Okay. 20 21 And what was Major Bass's followup? We have Crump station And at that event, were you uniformed or in MS. FLOYD: All right. The next exhibit will be an e-mail from Major Bass dated 7-6-2016. It's Pretrial 4. 22 THE COURT: 23 (WHEREUPON, the above-mentioned document was 24 25 Marked and received as 36. marked as Exhibit Number 36.) BY MS. FLOYD: Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 52 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5255 182 1 Q. Okay. 2 A. Yes, ma'am. 3 Bass, to me and he said good job. 4 Q. Okay. 5 A. I was out and reported that there was a very large 6 event there and everything was going well and good job. 7 Q. Okay. 8 A. I'm not sure. 9 Q. Here where it says attachments, what was attached? 10 A. Alton Sterling rally 7-6-2016, 1701 Jackson. 11 Q. Okay. 12 discussing? 13 A. Yes, ma'am. 14 Q. All right. 15 little difficult to get the whole thing on, but here is the 16 language. 17 A. 18 event. So I -- that was my -- that was my summary of the 19 event. Would you like me to read that? 20 Q. 21 Is this an e-mail you received? Excuse me. It's from my colonel, Eddie What is that in reference to? And was there anything attached to that e-mail? And this is the same event we were just Do you recognize this document? It's a What is this document? My -- Major Bass asked me to send an e-mail about this No. No. Thank you. So this rally was -- how did you characterize that 22 rally after having attended it, in the last paragraph? 23 A. 24 and moved to the southwest corner of Jackson Avenue and 25 Evergreen. "The crowd totaled somewhere between a hundred and 150 Crump station dispatched several task force Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 53 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5256 183 1 cars and a supervisor on the scene. 2 Mapco lot, observed a peaceful protest. 3 department had short notice about the rally, MPD provided 4 enough police presence to ensure a safe and peaceful 5 rally." 6 Q. MS. FLOYD: 8. THE COURT: 10 12 Okay. The next exhibit is Pretrial It is an e-mail from Bass on 7-8-16. 9 11 Although the Okay. 7 8 Officers posted on the Exhibit 37, marked and receive. (WHEREUPON, the above-mentioned document was marked as Exhibit Number 37.) BY MS. FLOYD: 13 Q. All right. 14 A. Yes, ma'am, from my major. 15 Q. Okay. 16 A. Yes. 17 Q. Okay. 18 that was included. 19 here? 20 A. It's computer language from Facebook. 21 Q. Okay. 22 first. 23 Okay. 24 A. 25 attachment. Is this an e-mail that you received? Was it in response to an e-mail that you sent? I want to draw your attention to a screen shot And do you recognize this language I think it might help if you look at the e-mail So what is this e-mail discussing? This is a post from Allison Truly on Facebook, see If you remember, Truly was the organizer of Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 54 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5257 184 1 the event two days ago at 1701 Jackson at Kings Grocery. 2 In this post, this location is chosen because it's private 3 property. 4 circumvent the permit process. 5 potential to attract a crowd similar to the crowd assembled 6 on Jackson. 7 Q. 8 the language of the post say? 9 part right here is the text. It would appear that Truly is attempting to Okay. This event has the And do you see the post is attached? Okay. What did And not this part here, this 10 A. 11 The address is 656 Marshall Avenue. 12 private -- it is black-owned and private, which means if 13 you need to cry, then" -- 14 Q. You don't need to read the expletive. 15 A. "If you need comfort, I got you. 16 some solid plans, let's do that. 17 around good energy, it's there. 18 Q. 19 without reading it, what was his response, just generally? Okay. So see you at 5:00." And Your Honor, the response speaks for itself, so I -MS. FLOYD: Okay. 23 THE COURT: That's fine. 25 If you want to make If you just need to be 22 24 It was a black-owned And then Major Bass responded to you. MR. WELLFORD: 20 21 "So let's do this community meet-up at the den. anyway. BY MS. FLOYD: It's on the screen Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 55 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5258 185 1 Q. So the event -- so when you wrote to Major Chandler 2 and Major Bass, you talked about Allison Truly and that she 3 was the organizer of the event at Kings Grocery? 4 A. I did. 5 Q. And Bass's response was that it was an adverse 6 gathering -- it had the potential for another adverse 7 gathering. 8 adverse gathering? 9 A. What made the Kings Grocery gathering an Those are colonel -- Major Bass's words, not mine. I 10 don't know what he meant by that, but I do know the context 11 that we're talking about. 12 man die on Facebook Live from an officer shooting. 13 Sterling had just been killed down in Louisiana, so there 14 were starting to be protests around. 15 been confused because we had a lot of talk about 16 protesting. 17 that Ms. Truly had put together. 18 Q. 19 to circumvent the permit process, what does that mean? 20 A. 21 either government property like the library or private 22 property to hold a protest or a gathering, and we weren't 23 sure that this wasn't done with the knowledge of the 24 property owner. 25 on social media because they didn't want to get a permit Okay. We had several -- we had a young Alton The major might have He might have been confused about which one And when you said that Allison Truly was trying Well, there's a group of people that like to pick And they were trying do that, it appeared, Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 56 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 5259 186 for that. 2 But even though it's on private property, there's 3 still roads and things that have -- that can be affected if 4 the -- if these rallies and protests or gatherings get 5 outside of the private property and onto public streets and 6 public thoroughfares. 7 Q. 8 permit? 9 A. But an event on private property doesn't require a Not necessarily. But if some people have a tendency 10 to take that private property event and go mobile, then it 11 would need a permit. 12 Q. Okay. THE COURT: 13 Why don't we take a short break and 14 maybe we can move a little faster. 15 until 25 'til and everything -- how far do we have to go 16 for the witness? MS. FLOYD: 17 18 We'll just take a break We have quite a bit more to go through, but we can -THE COURT: 19 We'll just try to move a little 20 faster and let me give you a little time to put your papers 21 together. 22 Thanks very much. No problem. Come back at 25 'til the hour. 23 (Brief Recess) 24 THE COURT: 25 proceed. All right. And we're ready to We will need to pick the pace up as much as we Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 57 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 5260 187 can. 2 MS. FLOYD: Yes, Your Honor. 3 THE COURT: Sure. 4 MS. FLOYD: The next exhibit is a Memphis protest 5 demonstrations and flash mobs database from 2016 to 2017. 6 THE COURT: Marked and received as 38. 7 MS. FLOYD: And that's Pretrial 31. 8 (WHEREUPON, the above-mentioned document was 9 10 marked as Exhibit Number 38.) BY MS. FLOYD: 11 Q. All right. And on this database -- did you prepare 12 this database along with the Office of Homeland Security 13 team? 14 A. 15 my partner, Sergeant Cornwell. 16 Q. 17 at 1701 Jackson? 18 A. I do. 19 Q. Is that the Kings Grocery event? 20 A. It is. 21 Q. And what does it list under -- 22 A. Allison Trully and Paul Garner. 23 Q. And they're designated as the key personnel for that 24 event? 25 A. I participated in it. Okay. Yes. This was actually prepared by And do you see on here an event that occurred Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 58 of 111 DIRECT EXAMINATION OF T. REYNOLDS MS. FLOYD: 1 2 All right. PageID 5261 188 The next exhibit is an e-mail from Tim Reynolds on 7-8-16. Pretrial 10. 3 THE COURT: 4 (WHEREUPON, the above-mentioned document was 5 6 Marked and received as 39. marked as Exhibit Number 39.) BY MS. FLOYD: 7 Q. Is this an e-mail you sent? 8 A. Yes, ma'am. 9 Q. Okay. And without reading it, who are you 10 communicating with and why? 11 A. 12 tonight, an event there. 13 Q. 14 the crowd? 15 A. 16 having problems getting photos of that vigil. 17 Q. 18 the JIB after the event? 19 A. Correct. 20 Q. Okay. The precinct commanders about a Civil Rights Museum Okay. And were you asking them to get photographs of I was tasked to follow up on the vigil, and we were Okay. And you wanted to add photos of the vigil to 21 MS. FLOYD: 22 e-mail from Chandler on 7-9-16. 23 THE COURT: 24 (WHEREUPON, the above-mentioned document was 25 All right. The next exhibit is an That's 40, marked and received. marked as Exhibit Number 40.) Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 59 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 MS. FLOYD: 2 I'm sorry, Your Honor. 3 5 THE COURT: It's Pretrial 15. The next exhibit is an That's okay. I apologize. Marked and received as (WHEREUPON, the above-mentioned document was marked as Exhibit Number 41.) 8 MS. FLOYD: 9 MR. WELLFORD: This is Pretrial 15. 10 MS. FLOYD: 11 MR. WELLFORD: This is 15? Yes. Thank you. Excuse me, Your Honor. 12 the exhibit numbers, Your Honor. 13 marked, correct? 14 THE COURT: 15 MR. WELLFORD: 16 THE COURT: 17 printout at the end of the day. 18 Hold on. 41. 6 7 189 e-mail from Gloria Bullock on 7-11-16. 4 PageID 5262 I'm off on That's 42 that just got That's 41 that just got marked. 41 just got marked, all right. Right. You'll get a complete BY MS. FLOYD: 19 Q. All right. This is an e-mail from Gloria Bullock. 20 Did you receive it? 21 A. Apparently, yes, ma'am. 22 Q. All right. 23 an After Action Review sent by Gloria Bullock? 24 A. It is. 25 Q. And what is the event, without reading? And do you recognize this document? Is it Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 60 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5263 190 1 A. The birthday celebration that's held annually at the 2 Health Sciences Park for General Forrest. 3 Q. Okay. 4 A. It has some investigators, about ten, show up 5 trying to -- 6 Q. Does that say instigators? 7 A. Instigators, about ten show up, trying to agitate. 8 monitored them closely and moved them out of the area. 9 They came in a gray Nissan, had Minnesota tags, that's been And what does this last section discuss? 10 redacted. 11 money, and tell them thanks for coming down. 12 instigators from out of town, possibly. 13 instigators from out of town, possibly. 14 Q. 15 their license plate? 16 A. It appears to be two photos. 17 Q. Okay. 18 were not present in the original document, that's been -- 19 those redactions are for the lawsuit? 20 A. Okay. 21 Q. Okay. 22 23 Okay. We Was witnessed a male and another male, a sum of We paid They were paid And this is a photo of them and a photo of Yes, ma'am. And just so the record is clear, the redactions Yes, ma'am. MS. FLOYD: All right. The next exhibit is an e-mail from Major Bass on 7-10-2016. 24 THE COURT: 25 (WHEREUPON, the above-mentioned document was Should be 42, marked and received. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 61 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 2 191 marked as Exhibit Number 42.) BY MS. FLOYD: 3 Q. All right. 4 A. It looks like it. 5 Q. Okay. 6 A. I'll have to see the address line. 7 that is offhand. 8 9 PageID 5264 Is this an e-mail that you sent? And who is Mr. Howard? Aubrey Howard. Q. Okay. Yes, ma'am. I'm not sure who He runs the permits department. And is this the post -- what is this post that 10 was attached? 11 A. 12 Fisher and Paul Garner and 80 others discussing an upcoming 13 event. 14 Q. Do you know what that event was? 15 A. I do not. 16 Q. Okay. 17 that you gave to Mr. Howard? 18 A. 19 in front of the Commercial Appeal, has given the BLM 20 movement. 21 on Wednesday, July 13, 2016 at 495 Union Avenue. 22 Q. 23 response? 24 A. 25 too." It is -- looks like a Facebook post from Paul -- Earle I do not remember. And so what is the description of the event Oh, it's a -- it was a protest that had been planned Okay. Garner is planning to protest at the CA at noon And then Major Bass, what does he say in the "Thank you. Please include in our 4:00 p.m. brief, Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 62 of 111 DIRECT EXAMINATION OF T. REYNOLDS 192 1 Q. And is the brief the Joint Intelligence Brief? 2 A. Yes. MS. FLOYD: 3 4 PageID 5265 The next exhibit is an e-mail from Tim Reynolds on 7-10-2016. 5 THE COURT: 6 (WHEREUPON, the above-mentioned document was 7 8 9 Marked and received as 43. marked as Exhibit Number 43.) BY MS. FLOYD: Q. And this is a JIB Bates range 5096 through 5106. What 10 is this document? 11 A. 12 it was a post-intelligence -- it was a post-intelligence 13 summary or -- that's -- might have been what the JIB was 14 called before it was called the Joint Intelligence 15 Briefing. 16 Q. 17 that you sent to Aubrey Howard? 18 A. It is. 19 Q. Okay. 20 21 22 23 It's an e-mail from me to Jerry Blum at AutoZone, and Okay. And on Page 5099, is this the same information MS. FLOYD: I think I failed to mark this. All right. The next exhibit is an e-mail from Thank you. Tim Reynolds on 7-11 -- actually, I'll skip forward. 24 THE COURT: Are you ready on that one? 25 MS. FLOYD: I'm going to discard that. I Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 63 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 THE COURT: MS. FLOYD: THE COURT: 12 All right. The next exhibit will be All right. Marked and received as (WHEREUPON, the above-mentioned document was marked as Exhibit Number 44.) MS. FLOYD: 10 11 We'll just go to 44. 8 9 That's fine. an e-mail from Tim Reynolds on 7-12-2016. 6 7 Okay. the next item. 4 5 193 apologize, Your Honor. 2 3 PageID 5266 And the Bates range is 5593 through 5614. BY MS. FLOYD: 13 Q. And so this is two days later. Is this an e-mail that 14 you sent? 15 A. Yes, ma'am. 16 Q. And is this, again, the information that you sent to 17 Aubrey Howard? 18 A. It is. 19 Q. And just so the record's clear, the screen grab of the 20 Facebook post is also included? 21 A. It is. 22 MS. FLOYD: 23 from Tim Reynolds on 7-14-2016. 24 THE COURT: 25 (WHEREUPON, the above-mentioned document was Okay. The next exhibit is an e-mail Marked and received as 45. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 64 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 194 marked as Exhibit Number 45.) MS. FLOYD: 2 3 PageID 5267 And it is Pretrial 22. BY MS. FLOYD: 4 Q. Is this an e-mail that you sent? 5 A. Yes, ma'am. 6 and Jimmy Johnson with Tennessee.gov and to my lieutenant, 7 Stephen Chandler. THE COURT: 8 9 10 little more. You're going to need to speak up a I can hear you okay, but I know you can speak up more than that. THE WITNESS: 11 12 It's from me to my boss, Colonel Bass, Yes, sir. BY MS. FLOYD: 13 Q. All right. 14 A. It's a Black Lives Matter event that was posted on -- 15 looks like it was Twitter. 16 Crime Center off the collator, and the Social Construction 17 of Violence in Black Communities on Saturday July 16, 2016, 18 from 2:00 to 4:00 on Millbranch. 19 Q. Okay. 20 A. It appears to be so. 23. So this came from the Real Time And that was a town hall style meeting? MS. FLOYD: 21 22 And what is the event that you shared? Okay. The next exhibit is Pretrial It is an e-mail from Reynolds to -- on 7-14-2016. 23 THE COURT: 24 (WHEREUPON, the above-mentioned document was 25 Marked and received as 46. marked as Exhibit Number 46.) Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 65 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 5268 195 BY MS. FLOYD: 2 Q. All right. 3 just to describe what -- is this an e-mail that you sent? 4 A. 5 the previous slide. 6 Q. 7 this -- in this e-mail, in the circulation? 8 A. 9 and there's two on Friday and -- well, three on Friday; one Yes, ma'am. Okay. So was this the earlier e-mail? I guess It's from me to the same three people on And what types of events are included in There's a column of Black Lives Matter demonstrations, 10 at Wolfchase, one at Health Sciences Park, no permit, and 11 then there's one on the Kroger lot. 12 column is boycotts. 13 Q. 14 individuals that are being targeted on social media. 15 is your recollection of why individuals were being 16 targeted, why that was something that Office of Homeland 17 Security was looking into? 18 A. 19 attached photos? 20 Q. Yes. 21 A. Okay. 22 but we were asked to assist. 23 there's a lot of protests going on. 24 couple days after the bridge, two days after the bridge, 25 and everybody is talking about protest. Okay. And then the second And this section here, you talk about What It's in the JIB, but is there any way I can see the This all came from the Real Time Crime Center, We were worried about -This is two -- a And there's Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 66 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5269 196 1 protest and counter-protests, you know, not paying 2 attention to what the actual subject of the protests are. 3 We were worried about the two groups coming into contact, 4 and we're looking for officer safety, public safety and 5 threats to each individual group from one protest group to 6 another. 7 That's -- that was my contribution, trying to figure 8 out if we're going to have a -- it was a threat assessment, 9 basically. 10 Q. So do you recall who Wanda Dobbs is? 11 A. I don't know who that is. 12 Q. Does this refresh your recollection? 13 A. Yes, ma'am. 14 police post, and everybody else is targeting her and looks 15 like they're trying to -- it -- there looks like it could 16 be something getting started there. 17 Q. 18 Wanda Dobbs? 19 A. 20 the business doxing. 21 Chiozza Law Firm and they're trying to out her and get her 22 fired. 23 Q. 24 Security would investigate? 25 A. Okay. She made a -- apparently looks like a pro So the concern was social media posts about Yes, ma'am. Somebody apparently is -- it's called in They're saying that she works for the And that was something that the Office of Homeland I'm worried about groups. One group is to trying to Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 67 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5270 197 1 get another group fired, is that going to spill over into a 2 protest. 3 Q. But this was attached to an e-mail that you sent? 4 A. It was. 5 Q. And who received that e-mail? 6 A. My boss and Lieutenant Chandler and Jimmy Johnson with 7 Tennessee.gov. 8 Q. Who is Jimmy Johnson? 9 A. I don't know. 10 Q. Does he work for the Tennessee Highway Patrol? 11 A. You know as good as I. 12 is. 13 Q. Okay. 14 A. MPD BLM event list. And what is the subject? MS. FLOYD: 15 I don't know who that person The next exhibit is an e-mail sent by 16 Stephen Chandler on 7-12-2016, and the Bates number is 17 5549. 18 THE COURT: 19 (WHEREUPON, the above-mentioned document was 20 marked as Exhibit Number 47.) MS. FLOYD: 21 22 Marked and received as 47. Through 5569. BY MS. FLOYD: 23 Q. All right. 24 received? 25 A. It is. So this was an intelligence brief that you Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 68 of 111 DIRECT EXAMINATION OF T. REYNOLDS Okay. PageID 5271 198 1 Q. Is this the town hall style meeting you 2 attached to the previous e-mail? 3 A. It is. 4 Q. Okay. 5 the bottom, you include information about Devante Hill, who 6 is one of the BLM spokesmen, having active warrants. 7 did you discover that Devante Hill had active warrants? 8 A. 9 warrants, and I reported back that he had active warrants. All right. Going back to Exhibit 46. Q. Do you recall when that was? 11 A. I would have to see the date on the e-mail. 12 probably that day, whatever day that was. 13 Q. Was it before or after the bridge? 14 A. I'm not sure, ma'am. 15 e-mail? 16 Q. I'm just asking what you remember. 17 A. I don't remember. 18 Q. Oh, the date on this e-mail? 19 A. Yes. 21 When Someone must have asked me to check Devante Hill for 10 20 Here at It was May I see the date on the It was after the bridge. MS. FLOYD: The next exhibit will be an e-mail from Tim Reynolds on 7-7-16. 22 THE COURT: 23 (WHEREUPON, the above-mentioned document was 24 25 Marked and received as 48. marked as Exhibit Number 48.) MS. FLOYD: Your Honor, I have some -- there's Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 69 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5272 199 1 some information on this exhibit that's potentially 2 sensitive, but it is also important that it was circulated. 3 How would the Court like us to treat -THE COURT: 4 5 Let me take a look at it. it to up to me. 6 MS. FLOYD: 7 MR. WELLFORD: 8 9 Just hand Yeah. All right. We need to know what that is. (Bench conference between the attorneys and the Court.) MS. FLOYD: 10 Yeah. The bottom line of Devante 11 Hill's jail history has information about when he was the 12 victim of a crime, when he was not, this one, but the next 13 one, Your Honor. 14 that he was -- oh, this one is redacted. THE COURT: 15 16 It's one more page. It has information Hold on. This has been taken out. Sure. No problem. 17 (Bench conference between the attorneys and the 18 Court concluded and the proceedings continued as follows:) 19 20 21 THE COURT: Exhibit 48 marked and received. already been redacted. MS. FLOYD: Oh, Your Honor, this is the -- the 22 unredacted version is the one that I'd like to ask 23 questions about. 24 25 It's I'm sorry to be unclear. THE COURT: redacted one -- What you do -- well, we marked the Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 70 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5273 200 1 MS. FLOYD: Excellent. 2 THE COURT: -- but it's the public exhibit. 3 MS. FLOYD: Yes, Your Honor. 4 THE COURT: And then you seal the unredacted one 5 and it becomes 48 -- it can be 48A or B, and it will be 6 marked as sealed so that personal information that's not 7 appropriate and allowed to be disclosed is not disclosed. 8 So we'll have 48 and then usually it's 48A, just a new one. 9 (WHEREUPON, the above-mentioned document was 10 marked as Exhibit Number 48a.) 11 THE COURT: So it's sealed, and 48 is the public MS. FLOYD: Collective Exhibit -- or, I'm sorry, 12 13 14 15 16 version. Pretrial 5. THE COURT: You will need to hand it to me and make sure it's proper for sealing. 17 MS. FLOYD: Yes, Your Honor. 18 THE COURT: Just hand it to me. 19 MS. FLOYD: I apologize. 20 THE COURT: Show me the other one. 21 I can't really do much without the right one. 22 MS. FLOYD: I believe the other has been marked. 23 THE COURT: Oh no. 24 THE WITNESS: 25 THE COURT: How are you doing? Good. All right. That's -- this is the Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 71 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 unsealed one. 2 the sealed version? MS. FLOYD: 3 4 Wait a minute. PageID 5274 201 Which one is supposed to be These two both look alike. The bottom line of the color photo, there is a line that is redacted. THE COURT: 5 Okay. Sure. And just so I -- it's 6 not a mystery, this is another individual as to whom the 7 information should not be disclosed. 8 question, and certainly that's fine. 9 It would be a privacy So this is actually 48 right here. This is 48A. Let me make 10 sure. 11 And this is 48 because it's redacted. 12 pages there and it's a little confusing, but that will be 13 okay. 14 15 Okay. Some pages -- extra Well, we're going to have to speed up or we'll be here the same time next month. MS. FLOYD: 16 17 I'll let you make sure and check them. I'm sorry, Your Honor. I was just waiting for the exhibits to be ready. THE COURT: 18 No, no, no, no, I understand that. 19 I'm talking generally about increasing the pace. 20 just taking a little too long. 21 How are you doing? 22 MS. FLOYD: We're about halfway done. 23 THE COURT: Halfway? 24 MS. FLOYD: Yes, Your Honor. 25 direct. We're How close are we? This is our longest Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 72 of 111 DIRECT EXAMINATION OF T. REYNOLDS THE COURT: 1 2 3 4 I understand. 202 Okay. We're okay. BY MS. FLOYD: Q. All right. You testified that -- THE COURT: 6 everybody. 7 BY MS. FLOYD: Okay. You can put 48 up, and that will help Sure. 8 Q. 9 information was collected after the bridge. You testified that Devante Hill's warrant What is the 10 date on this e-mail? 11 A. 7-7-16. 12 Q. Was that before the bridge? 13 A. Yes. 14 Q. And what information is attached? 15 A. It is from WASP, and it has the open for and the 16 section where someone would expect to see warrants. 17 Q. 18 history on this unredacted version? 19 A. 20 juvenile arrests? 22 I know the witness is glad to hear that. 5 21 PageID 5275 Okay. And is there information about juvenile crime Are you asking like juvenile court warrants or MS. FLOYD: Your Honor, I'd like to ask about this, but I want to respect Mr. Hill's privacy. 23 THE COURT: No, I understand. 24 MS. FLOYD: What is the best -- 25 THE COURT: You can actually hand the sealed Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 73 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 5276 203 document up so he can look at it. 2 MS. FLOYD: Thank you, Your Honor. 3 THE COURT: Ladies and gentlemen, this is 4 something we -- it is not typically public information. 5 think we're all aware of that. 6 MS. FLOYD: Thank you, Your Honor. 7 THE COURT: Sure. 8 MS. FLOYD: Yep. 9 We just won't read the line. BY MS. FLOYD: 10 Q. 11 does that include information about Mr. Hill's juvenile 12 history with the criminal justice system, without saying 13 what it is? 14 A. 15 arrests or police reports? 16 I On the showing -- the front page in the bottom line, I'm not sure what your question is, ma'am. THE COURT: Okay. His I think you're going to have 17 to remember that if you don't back up, I'm not going to 18 ever let you get that close again. 19 MS. FLOYD: Yes, Your Honor. 20 THE COURT: The reason is to keep the voices up 21 because it becomes a private conversation and -- 22 MS. FLOYD: Yes, Your Honor. 23 THE COURT: -- you don't want private 24 25 conversation. MS. FLOYD: Yes, Your Honor. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 74 of 111 DIRECT EXAMINATION OF T. REYNOLDS THE COURT: 1 Okay. PageID 5277 204 I think that -- go ahead and 2 rephrase the question. There's a -- if you compared the 3 two -- does he have both exhibits? 4 THE WITNESS: 5 THE COURT: No. Why don't we give you both exhibits, 6 and you can see the one that's been redacted and then she's 7 going to ask about that line and would that contain a 8 typically nonpublic information. 9 BY MS. FLOYD: 10 Q. Without saying what it is, does the last line contain 11 nonpublic information? 12 A. The last line of this? THE COURT: 13 14 blacked-out line. You'll be able to see one's got a That's redacted public version. 15 THE WITNESS: 16 THE COURT: 17 actually see. 19 20 And then one has one that you can It's very small print, though. THE WITNESS: 18 I see. Okay. So it's a police report. And your question was, ma'am? BY MS. FLOYD: 21 Q. Does the last line contain nonpublic information about 22 Devante Hill? 23 A. 24 You can ask -- you know, anyone can ask for a police 25 report. No, ma'am. You can ask for your own police reports. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 75 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 Q. PageID 5278 205 Does that -THE COURT: 2 3 rephrase. 4 BY MS. FLOYD: Would it -- go ahead and let's 5 Q. Does the last line include information about when 6 Mr. Hill was a minor, when he was under 18 years old? 7 A. He was a victim of a -- 8 THE COURT: Doesn't want you to read that. 9 MS. FLOYD: Yeah. THE COURT: I tell you what, I've seen it. I'm sorry, Your Honor. 10 11 12 know what it is. Don't worry about it. 13 And counsel has seen it, too. 14 MR. WELLFORD: 15 16 17 Yes, sir. We Go ahead. Is that okay? I think that may be the point. THE COURT: handle it that way. That's fine. Okay. We certainly want to That's fine. 18 MS. FLOYD: Here we are. 19 THE COURT: Are you relieved to hear you're going 20 to be the longest witness we have? 21 THE WITNESS: 22 THE COURT: Okay. 23 MS. FLOYD: All right. 24 25 I am relieved. e-mail from Reynolds on 7-14-2016. THE COURT: All right. The next exhibit is an It is Pretrial 24. And that's going to be Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 76 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 4 206 49, marked and received. 2 3 PageID 5279 (WHEREUPON, the above-mentioned document was marked as Exhibit Number 49.) BY MS. FLOYD: 5 Q. All right. Is this an e-mail that you sent? 6 A. It is, from me to my partner at the time, Phillip 7 Penny. 8 Q. All right. 9 A. Yes, ma'am. And do you recall this incident? We discussed this at the deposition. 10 It's about a complaint from Appling Farms station and the 11 Colonel Sheffield wanted us to see what we can do about 12 locating this individual. 13 Q. Okay. 14 A. He did. 15 Q. And you found information to identify? 16 A. Jon Jizzle. 17 Q. Jon Jizzle. 18 Penny? 19 A. It is. 20 Q. And this is -- what is this document? 21 A. It's a photo and his driver's license information. 22 23 So Colonel Sheffield sent you this post? And it's attached to this e-mail to MS. FLOYD: All right. The next exhibit is an e-mail from Colonel Wright on 7-12-2016. 24 THE COURT: Marked as 50 and received. 25 MS. FLOYD: And the Bates number is -- begins Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 77 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 4 207 5530. 2 3 PageID 5280 (WHEREUPON, the above-mentioned document was marked as Exhibit Number 50.) BY MS. FLOYD: 5 Q. All right. So Colonel Wright has forwarded a Joint 6 Intelligence Briefing sent by Major Chandler? 7 A. Yes, ma'am. 8 Q. Does this contain the information about the real 9 identity of Jon Jizzle? 10 A. It does. 11 Q. Jonathan Jones? 12 A. It does. 13 Q. Okay. 14 Facebook posts? 15 A. And is this a summary of it, along with the Yes, ma'am. 16 MS. FLOYD: 17 e-mail from Bass on 7-15-2016. 18 THE COURT: 19 (WHEREUPON, the above-mentioned document was 20 The next exhibit is an Marked as 51 and received. marked as Exhibit Number 51.) MS. FLOYD: 21 22 All right. And it is Pretrial 29. BY MS. FLOYD: 23 Q. Okay. And this is an e-mail from Major Bass in 24 response to an e-mail that you sent. 25 you're discussing contacting Jonathan Jones? And in this e-mail, Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 78 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5281 208 1 A. Yes, ma'am. 2 Q. And Jonathan Jones was no longer holding the boycott 3 after he spoke with you on the phone? 4 A. Correct. MS. FLOYD: 5 6 All right. The next exhibit is an e-mail from Jessica Grafenreed on 7-15. 7 THE COURT: 8 (WHEREUPON, the above-mentioned document was 9 marked as Exhibit Number 52.) MS. FLOYD: 10 11 Marked as 52. And it's Pretrial 30. BY MS. FLOYD: 12 Q. Who is Jessica Grafenreed? 13 A. She's a police officer, but she's assigned to the Real 14 Time Crime Center. 15 Q. 16 attached? 17 A. Yes, ma'am. 18 Q. And this is a memorial for Darrius Stewart? 19 A. It is. 20 Q. Did you request that Ms. Grafenreed send this 21 information to you? 22 A. 23 because -- am I the only recipient? 24 people that are getting this. 25 inadvertently in the e-mail stream. Okay. And what was it that -- and this is what she No, I don't -- I don't remember, but I don't think so There's a whole lot of I think I was just Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 79 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5282 209 1 Q. 2 event? 3 A. 4 of notice of the event. 5 Q. 6 this event for surveillance? 7 A. I didn't send anyone to that event. 8 Q. Are you aware of whether anyone went to this event for 9 surveillance? 10 A. Did the Office of Homeland Security investigate this No, we didn't investigate the event. Did the Office of Homeland Security send anyone to I don't know. MS. FLOYD: 11 12 It was kind like The next exhibit is an e-mail from Tim Reynolds on 7-15-2016. 13 THE COURT: Marked as 53. 14 MS. FLOYD: Pretrial 27. 15 (WHEREUPON, the above-mentioned document was 16 17 marked as Exhibit Number 53.) BY MS. FLOYD: 18 Q. Okay. Is this an e-mail that you sent to Chandler, 19 your lieutenant? 20 A. 21 expecting something for Darrius Stewart's anniversary, but 22 we'll see if we can -- what we can find on this. 23 Q. 24 Time Crime Center? 25 A. Uh-huh. This is from the Alpha shift. We've been And when it says Alpha shift, does that mean the Real The midnight shift at the Alpha -- midnight shift at Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 80 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 the Real Time Crime Center. MS. FLOYD: 2 PageID 5283 210 Yes, ma'am. The next exhibit -- going to -- yeah. 3 The next exhibit is an e-mail from Jessica Grafenreed on 4 8-13-2016. 5 THE COURT: 6 (WHEREUPON, the above-mentioned document was 7 8 9 Marked and received as 54. marked as Exhibit Number 54.) BY MS. FLOYD: Q. This is an e-mail -- is this an e-mail from Jessica 10 Grafenreed to the Office of Homeland Security team and to 11 Real Time Crime Center? 12 A. Yes, ma'am. 13 Q. Okay. 14 was this where Frank Gotti was -- the person known as Frank 15 Gotti was arrested in a protest that was happening outside 16 of the jail? 17 A. Looks like it. 18 Q. Okay. 19 says, "Attached are people who are in the video who are 20 currently at 201 Poplar outside." 21 A. Okay. 22 Q. And then it has photos of the people who were there. 23 A. Okay. 24 Q. Is that right? 25 A. It looks -- it appears to be photos of people and it What is -- without reading it out loud, what -- His real name is Frank Gibson. And then attached are these photographs. It Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 81 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5284 211 1 doesn't look like they're at the protest, yes. 2 photos of people. 3 Q. 4 Center analyst to the rest of the team to investigate? 5 A. 6 and she sent that out to everybody, including me. So this is an e-mail sent from a Real Time Crime She's a police officer with the Real Time Crime Center MS. FLOYD: 7 8 They're All right. So these next e-mails can be a collective exhibit if the Court allows. THE COURT: 9 Certainly. Collective Exhibit 55, 10 set of e-mails marked and received, and give us the date of 11 the first e-mail. MS. FLOYD: 12 13 The first e-mail is 8-13. They are all e-mails from 8-13. 14 THE COURT: 15 (WHEREUPON, the above-mentioned document was 16 marked as Exhibit Number 55.) MS. FLOYD: 17 18 All right. And they are 299, 303, 71, 72, 304 and 305 from Plaintiff's pretrial exhibits. MR. WELLFORD: 19 Your Honor, do you mind if I -- 20 may I come look at those since they're several exhibits now 21 collective? 22 my head around it. THE COURT: 23 24 25 I think I know what they are. a look. Absolutely. It's no problem at all. BY MS. FLOYD: I wanted to get Please free to come take Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 82 of 111 DIRECT EXAMINATION OF T. REYNOLDS 212 1 Q. 2 Dana Sampietro, Chandler and others about the demonstration 3 that was described in the last e-mail? 4 A. Yes, ma'am. 5 Q. And at the same time, the second e-mail is from the 6 Real Time Crime Center, sharing a post from Melmane McVay, 7 who is posting on Gotti's page while he's in jail. 8 the post? 9 A. It appears to be. 10 Q. So he's just saying that he's trying to collect bond 11 for Frank Gibson and ask everyone to come down for support. 12 A. Okay. 13 Q. All right. 14 apart. 15 identified the person that's filling in for Gotti. 16 Gotti another name for Frank Gibson? 17 A. It is. 18 Q. And then you've attached driver's license information 19 for Melmane McVay? 20 A. Yes, ma'am, to my partner, Phillip Penny. 21 Q. Okay. 22 All right. PageID 5285 Is this -- this is an e-mail from you to Okay. Yes, ma'am. Is this That's what it says. And here is -- I'll have to take these Here is a post from you saying that you've Is There's actually an extra. And this is another update provided by Dana Sampietro 23 with pictures of individuals that were at the protest? 24 A. 25 in front of 201 Poplar. Yes, ma'am. They appear to be pictures of the people Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 83 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5286 213 1 Q. And then this is the final e-mail, an update from 2 Keith Watson saying that Frank Gibson has been released and 3 that D. Golden -- who is D. Golden? 4 A. That's going to be Detrick Golden. 5 Q. Okay. 6 201 Poplar; is that correct? 7 A. And that he loaded Gotti up and that they left Yes, ma'am. Yes, ma'am. MS. FLOYD: 8 The next exhibit will be another 9 collective exhibit of two e-mails; one from victor Tores on 10 7-27-16 and one from Sergeant Reynolds to -- excuse me, one 11 from Eddrick Williams on 9-19-2016. 12 and 93. Those are Pretrial 57 13 THE COURT: 14 (WHEREUPON, the above-mentioned document was 15 16 Marked and received as 56. marked as Exhibit Number 56.) BY MS. FLOYD: 17 Q. Is this an e-mail about the i2 Analyst Notebook? 18 A. It is. 19 Q. And what was the i2 Analyst Notebook? 20 A. That e-mail is to me, but I never really used -- I 21 know of -- what it is. 22 into a visual format, but I've never used it. 23 Torres is trying to get us some training on that. 24 Q. And Victor Torres is from the Real Time Crime Center? 25 A. He is. It's a tool to collate information Victor Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 84 of 111 DIRECT EXAMINATION OF T. REYNOLDS Okay. PageID 5287 214 1 Q. 2 from Eddrick Williams to you, correct? 3 A. Yes, ma'am. 4 Q. And he says -- and what does he say in this e-mail, 5 without reading it, just generally? THE COURT: 6 7 He can read it if you want him, too. It doesn't matter. THE WITNESS: 8 9 Turning to the second e-mail, this is an e-mail "We've all been playing around with i2 Analyst Notebook, just trying to see how to make it real 10 time effect. 11 policing, social media investigations in Nashville, 12 Tennessee, and I've learned new ways to use Accurint LE 13 Plus and i2 Analyst Notebook. 14 president of the company to make social media research 15 better. 16 i2. 17 to the fact that everything must be entered manually, but I 18 will update you when we get this monster off the ground." 19 Attended data analysis including predictive Working with the rep and the So you might like this PDF that was created with It's a painstaking -- it's painstaking right now due BY MS. FLOYD: 20 Q. Okay. And do you recall receiving this e-mail? 21 A. No. 22 licenses for the Memphis Police Department for me to use i2 23 Notebook. 24 Q. Okay. 25 A. They were trying to get that for me, but it didn't I received the e-mail, but there wasn't enough Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 85 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 work. 2 Q. 3 Analyst Notebook? 4 A. Yes. 5 Q. Okay. 6 Office of Homeland Security? 7 A. If requested, yes, ma'am. 8 Q. Okay. 9 the i2 Analyst Notebook? 10 A. Okay. So the Real Time Crime Center used the i2 And they provided their work product to the Do you recognize this map that was produced by Was this in the e-mail? MR. WELLFORD: on that? Excuse me, can we approach briefly Pull it off for a minute? THE COURT: 13 14 15 215 Yes, ma'am. 11 12 PageID 5288 Sure. Sure. (Bench conference between the attorneys and the Court.) MR. WELLFORD: 16 I thought that we had redacted the 17 personal information in there after we had a conference 18 with the Court and that that was redacted. 19 MS. FLOYD: 20 MR. WELLFORD: 21 22 23 We did redact it. Everything except the photographs, I thought. MS. FLOYD: We have redacted the birth dates and the home addresses and the Court's orders. 24 THE COURT: 25 MR. WELLFORD: I think that's correct. Is this correct? Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 86 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 THE COURT: 2 MS. SILK: 3 THE COURT: 4 MS. SILK: 5 THE COURT: 6 MS. SILK: PageID 5289 216 I think so. I think in the -Speak up. Sorry. Don't be shy. When we were speaking on the phone, I 7 thought you indicated that you wanted us to redact the 8 names of the people to protect their identities. THE COURT: 9 No. I really -- the main thing was 10 to get rid of the personal identifiers, which would be 11 Social Security number, birth date or other such numbers, 12 because those can be misappropriated; whereas, the name is 13 not in the same category. 14 we said we were going to do. MS. FLOYD: 15 I don't -- I think it meets what Okay. Thank you. 16 (Bench conference between the attorneys and the 17 Court concluded and the proceedings continued as follows:) THE COURT: 18 And this document shows -- typically, 19 we redact Social Security numbers, birthdays and so forth, 20 personal identifiers because typically those can be 21 misused, but that's the only things that had to be 22 redacted. 23 BY MS. FLOYD: 24 Q. Do you recognize this work product? 25 A. Was this attached to the e-mail, ma'am? Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 87 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5290 217 1 Q. Yes, it was. 2 A. I don't recognize it, but if it was attached to the 3 e-mail, then okay. 4 Q. 5 would like? 6 A. 7 potential -- this is a specimen, what a work product would 8 look like. 9 Q. So this is the map that William said he thought you Just how it looks, he's just showing me what And he said it was very painstaking to put the 10 information into -- 11 A. Manually. 12 Q. What is the subject of -- excuse me. 13 subject of this e-mail? 14 A. Black Lives Matter PDF. 15 Q. Okay. 16 discussed in the prior exhibit? 17 A. Yes. 18 Q. Devante Hill, who we've discussed? 19 A. Yes. 20 Q. Detric Golden, who is in the prior exhibit? 21 A. Yes. 22 Q. Memale McVay? 23 A. Yes. 24 Q. And what other -- what events are on this map? 25 A. Bridge protest, town hall meeting, BLM protest at What is the And so this includes Frank Gibson, who we just Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 88 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5291 218 1 Graceland, back to school community carnival, and I think 2 that's it. 3 Q. Okay. MS. FLOYD: My next exhibit is another collective 6 THE COURT: We'll mark that as 57. 7 MS. FLOYD: It's e-mails from 7-23 and 7-24, and 4 5 8 exhibit. it's Pretrial 48, 49 and 50. 9 10 (WHEREUPON, the above-mentioned document was marked as Exhibit Number 57.) THE COURT: 11 12 All right. BY MS. FLOYD: 13 Q. 14 Bass. 15 A. 16 ma'am, I see where I am. 17 Q. 18 thread. 19 Houston, talking about -- actually, let's start a little 20 earlier. 21 All right. Okay. And this is an e-mail sent by Major Is it an e-mail you received? Yes, ma'am. Okay. I'm in there somewhere, I think. Yes, We're going to start a little earlier in the And this is an earlier e-mail from Colonel So Colonel Houston said that there were six to eight 22 men without shirts on and went inside a Lenny's restaurant. 23 Then Director Rallings responded, thank you. 24 went and spoke to the men and -- they went and spoke to the 25 men and said they were leaving, and the officers would try And then they Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 89 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5292 219 1 to get better intel on their vehicles? 2 A. Yes, ma'am. 3 Q. And then Major Bass sends this out and said that he 4 would have OHS monitor this development. 5 why you were monitoring that development? 6 A. 7 was -- they were not allowed there, and if we could see if 8 they were going to disrupt further. 9 I could think of my boss wanting me to do. And do you recall Well, apparently they entered the restaurant and it Okay. That's the only thing 10 Q. And then so the next e-mail is from Major 11 Shelton. 12 A. Yes, ma'am. 13 Q. Okay. 14 the protesters disassociating themselves from Black Lives 15 Matter. 16 just wanted their voices to be heard. 17 update? 18 A. No, but now that you show me, I see I was updated. 19 Q. And did OHS take any other action after this update 20 e-mail? 21 A. I don't recall. 22 Q. Does this refresh your recollection? 23 A. That is from me to Colonel Houston. 24 Chief Landrum said, "See below, unsuccessful attempts to 25 obtain video from last night 'I am a man' protesters at And did you receive this e-mail, as well? I see my name. Yes, ma'am. And Major Shelton spoke with the lieutenant and They had "I am a man" painted on their bodies and Do you recall that I don't think so. I said thank you. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 90 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5293 220 1 Madison and Cooper." 2 I didn't -- that doesn't help me at all. 3 Q. 4 the protesters who had their shirts off and their bodies 5 painted that we discussed in the prior e-mail? Okay. That's -- that was Colonel Houston. So was Colonel Houston trying to get video of MR. WELLFORD: 6 No, ma'am. Your Honor, I object. This is a 7 collective exhibit involving strings of e-mails, some of 8 which Sergeant Reynolds is on and some of which he's not, 9 and she's not examining him on all the e-mail strings that 10 he's on. 11 that he may not be, so -THE COURT: 12 13 MR. WELLFORD: THE COURT: Do you know why Colonel Houston was doing what he was doing? THE WITNESS: 18 19 Not the authenticity, but his knowledge base of what Colonel Houston was doing and why. 16 17 Is there any question about the authenticity of any of these e-mails? 14 15 And so, if she is examining on -- him on some like me. They don't -- they're not They don't tell me everything. THE COURT: 20 No, sir. Okay. What we're going to do, 21 though, is, I don't think there's any problem admitting 22 them. 23 information about it, then it won't be very helpful, but 24 that's a different question. 25 received -- I agree that if it doesn't have meaningful You know, they're going to be Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 91 of 111 DIRECT EXAMINATION OF T. REYNOLDS MR. WELLFORD: 1 PageID 5294 221 I suppose I have an objection akin 2 to the completeness objection like when you're 3 cross-examining a witness with a deposition -- 4 THE COURT: 5 we're going to be here a while. 6 you want to -- what do you want her to do, take them apart? I'll set aside another week. MR. WELLFORD: 7 I think that's okay. the start of the e-mail chain in this exhibit which 9 references these individuals blocking traffic in the 11 If There's a -- she hadn't referenced 8 10 I think street. THE COURT: Well, that's part of cross-examine. 12 We can do it that way if you want to, but I think what 13 we're trying to do is get material admitted in the record 14 as to which the witness has some knowledge, asking about 15 his knowledge of the information. 16 information -- others will put in additional information. 17 Is that right? And I assume that other 18 MS. FLOYD: Yes, Your Honor. 19 THE COURT: If that's not done, then we can move 20 to strike those portions of the record which are incomplete 21 and we'll handle it that way. 22 efficient way, but I do get Mr. Wellford's point that 23 it's -- we can -- I know we have to get a lot of 24 preparatory material in. 25 some degree? I think that may be the most Is that what's going on here to Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 92 of 111 DIRECT EXAMINATION OF T. REYNOLDS MR. WELLFORD: 1 PageID 5295 222 My concern is it actually takes 2 longer when we're not getting -- instead of me having to 3 wait under the doctrine of completeness, if she would 4 examine him with a collective exhibit on all of his 5 communications that are in the collective exhibit, I may 6 not need to cross-examine. THE COURT: 7 Well, we're not required to -- 8 counsel is allowed to conduct her case in the way in which 9 she would like to within the rules, and that's how she 10 would like to proceed. I don't think it's anything 11 improper about it, and so I'm going to let you go ahead. 12 I'm not going to require you to conduct their examination, 13 also. 14 MS. FLOYD: Thank you, Your Honor. 15 THE COURT: Okay. 16 BY MS. FLOYD: 17 Q. One follow-up question on this e-mail: Does this 18 e-mail indicate that you had -- or did you request from 19 Colonel Houston that he obtain video of the "I am a man" 20 protesters? 21 A. No, ma'am. 22 Q. Why did you reply "thank you" to him? 23 A. The e-mail was sent to me and it's from my -- I 24 just -- a thank you is an acknowledgment that I received 25 this e-mail. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 93 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 Q. 223 Okay. MS. FLOYD: 2 3 PageID 5296 The next exhibit is an e-mail from Major Freed on 2-6-17, Pretrial 132. 4 THE COURT: 5 (WHEREUPON, the above-mentioned document was 6 7 Marked as 58. marked as Exhibit Number 58.) BY MS. FLOYD: 8 Q. 9 before I begin to ask you questions about it. 10 A. 11 12 I'm going to allow you to look through this e-mail Thank you, ma'am. Okay. Q. All right. Is this -- 13 MR. WELLFORD: 14 approach with this one? THE COURT: 15 16 17 18 Excuse me. I'm sorry. May we Sure. (Bench conference between the attorneys and the Court.) MR. WELLFORD: This one, Your Honor, is 19 attorney's eyes only and we -- we were going to address -- 20 they would have to bring that up so we would have to have 21 an opportunity, and there's some that's fine but there's 22 some operational details that relate to some of the first 23 few pages that we had concerns over, and I'm not sure 24 which -- what the key part is that she wants to be using. 25 MS. FLOYD: My examination will cover only the Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 94 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 224 situation description and this final image. 2 THE COURT: Okay. 3 MS. FLOYD: I wanted to admit the complete 5 THE COURT: What's the problem? 6 MR. WELLFORD: 4 PageID 5297 Then I'll -- document. If we're going to get the 7 situation -- the second page in, then on the execution 8 section, which is our concern, the execution section of the 9 actual details, and then we took it out up until -- are you 10 talking about the last couple of pages? 11 MS. FLOYD: 12 MR. WELLFORD: Yes. Or where? It is -- for the 13 record, it is Pages 23136 through 23144 that has 14 operational details that relate to this event that was our 15 concern in designating the attorney's eyes only. 16 MR. LAURENZI: 17 THE COURT: Right. 18 MS. FLOYD: I would like the Court to have access Under law enforcement privilege. 19 to it because it goes to the response -- level of response 20 to the event in question. THE COURT: 21 I understand. Obviously, this can be 22 marked under seal. 23 the proceeding, but I can see that you've got some issues 24 there. 25 It's not such a great thing to do in MR. LAURENZI: Very detailed. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 95 of 111 DIRECT EXAMINATION OF T. REYNOLDS THE COURT: 1 PageID 5298 225 So we can mark that under seal and 2 that will be under court's eyes only, as long as we're not 3 doing that very much. MR. WELLFORD: 4 5 from displaying those pages. MS. FLOYD: 6 7 In displaying it, if we stay away Sure. If I ask about those pages, I'll just hand it. 8 THE COURT: Just hand it. 9 MS. FLOYD: Wonderful. 10 (Bench conference between the attorneys and the 11 Court concluded and the proceedings continued as follows:) THE COURT: 12 This next document has some 13 confidential information in it; and therefore, it will have 14 to be marked as a document under seal. 15 everybody that if you put it in the general record and it's 16 not marked under seal, it's available to everybody, and 17 sometimes there's a problem in that regard. 18 one of those -- we had a couple of documents under seal. 19 Most of them will not be. 20 I might explain to And so this is We may ask later on that a public version be 21 prepared. So I'm going to put -- I'm going to set aside 22 58A, it's going to be kind of odd, as a public version, but 23 that will just -- reserving the number for a public version 24 of a sealed document. 25 will be a 58A. Okay. 58 is under seal and there It may take a little while to get that, but Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 96 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 it won't take that long. 2 PageID 5299 226 Okay. You may proceed, and then she may hand you up 3 something to look at. That means that that has something 4 on it that we're not going to disclose to everybody at this 5 time. 6 THE WITNESS: 7 THE COURT: 8 9 Thank you, sir. Sure. BY MS. FLOYD: Q. Okay. This is an e-mail to you from Major Freed. And 10 who is Major Freed? 11 A. 12 was no longer my lieutenant and I answered to Major Freed. 13 Q. Okay. 14 A. Yes, ma'am. 15 Q. Okay. 16 Right here. 17 A. 18 me. 19 Q. Okay. 20 A. Yes, ma'am. 21 Q. And a protest handouts with the directors' intent and 22 tactical recommendations? 23 A. Yes, ma'am. 24 Q. Okay. 25 A. I wasn't privy to that, ma'am, but it looks -- that's That was when we had promotions, Lieutenant Chandler And he's asking you for anything new on this? And what are the attachments to this e-mail? They're screen shots sent from -- to Major Freed to Is there also an ops plan? Is this the Fight for 15 ops plan? Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 97 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5300 227 1 what it -- that's what the specimen says. 2 Q. 3 it? 4 A. 5 my boss is asking me, are there similar protests about to 6 show up? 7 officer threats that we need to be worried about or public 8 safety threats? 9 by phone or e-mail that there -- you know, if there was or Okay. No. Yes, ma'am. So this was sent to you, but you did not review The question was anything new on this. Are there officer safety concerns? And what Are there any And I probably replied back to him either 10 wasn't. 11 Q. Okay. 12 A. Yes, ma'am. 13 have been in one of the JIBs, yes, but just overall concept 14 that there was going to be a demonstration. 15 Q. 16 demonstration? 17 A. 18 secretary. 19 Q. And where was it located? 20 A. First Congressional Church on 1000 South Cooper. 21 Q. Okay. 22 starting with social media? 23 A. 24 state of the movement. 25 Q. Okay. And were you aware of this event? Well, we discussed it. I mean, it might And looking here at the outline, was it a It looks like it was. It was protesting the labor And -- all right. And what does it say here, What does that sentence say? Social media calls this a teach-in to discuss the Okay. And is this -- this is the attached screen shot Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 98 of 111 DIRECT EXAMINATION OF T. REYNOLDS PageID 5301 228 1 you were discussing? 2 A. Yes. 3 Q. And how many people were going to this event? 4 A. Well, eight expressed on Facebook that they were going 5 and 11 expressed interest. 6 Q. 7 a demonstration, outside of a private property? 8 A. I don't see anything that's says it's a demonstration. 9 Q. Okay. Okay. And where does it say that this was going to be And I'm going approach to give you -- okay. 10 I'm going to actually skip that because you did not have 11 knowledge of this. MS. FLOYD: 12 Okay. And my next exhibit will be an 13 e-mail from Tim Reynolds on 2-4-2017, and it's a JIB Bates 14 Number 17689. 15 THE COURT: 16 (WHEREUPON, the above-mentioned document was 17 18 Marked and received as 59. marked as Exhibit Number 59.) BY MS. FLOYD: 19 Q. 20 that's circulated on February 4th at 0800 hours? 21 A. Yes, ma'am. 22 Q. And is this entry for the event that we just 23 discussed? 24 A. 25 Is this a JIB -- or a Joint Intelligence Briefing 2017. Yes, ma'am. It is. MS. FLOYD: My next exhibit will be an e-mail Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 99 of 111 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 5302 229 from Tim Reynolds on 1-21-17. 2 THE COURT: 60, marked and received. 3 MS. FLOYD: It is Pretrial 127 -- 129. 4 (WHEREUPON, the above-mentioned document was 5 6 marked as Exhibit Number 60.) BY MS. FLOYD: 7 Q. Is this an e-mail that you received from Gloria 8 Bullock? 9 A. I sent that to Colonel Bullock, the North Main station 10 commander. 11 Q. Were you responding to an e-mail she had sent to you? 12 A. I don't -- 13 Q. Does this -- 14 A. Yes, I responded -- I just told her thank you, you 15 know, as in I received this. 16 Q. 17 send you photos of a march that had occurred the day 18 before? 19 A. Yes, ma'am, it looks like it. 20 Q. Did she identify two individuals that were there? 21 A. Paul Garner and TNT, which is Keedran Franklin. 22 ma'am. 23 Q. Are these the photos that were attached? 24 A. Yes, ma'am. 25 Q. Is this the photo of someone's license plate? Okay. And what did Colonel Bullock send you? Did she Yes, Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 100 of 111 5303 DIRECT EXAMINATION OF T. REYNOLDS 1 A. It appears to be. 2 Q. Do you know who this is? 3 A. Paul Garner. MS. FLOYD: 4 5 230 My next exhibit is an e-mail sent by Grafenreed on 7-16-2016. It's Pretrial 249. 6 THE COURT: 7 (WHEREUPON, the above-mentioned document was 8 9 PageID Marked as 61 and received. marked as Exhibit Number 61.) BY MS. FLOYD: 10 Q. 11 from the Real Time Crime Center about a flyer that was 12 posted on Frank Gotti's page? 13 A. Yes, ma'am, dated July 16th, 2016. 14 Q. And why does she state she sent it to you? 15 A. She said someone posted this on Frank Gotti's page due 16 to the Black Lives Matter on the flyer, wanted to pass it 17 along, scheduled for July 23rd, 2016. 18 Peres. 19 on the 23rd. 20 Q. 21 attached? 22 A. It appears to be. 23 Q. Okay. 24 25 Is this an e-mail from you -- from Officer Grafenreed No time listed. Okay. Standridge and It's an upcoming possible protest Was this -- is this the flyer that was MS. FLOYD: My next exhibit, Pretrial 316, is an e-mail from Reynolds dated 9-30-2016. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 101 of 111 5304 DIRECT EXAMINATION OF T. REYNOLDS 231 1 THE COURT: 2 (WHEREUPON, the above-mentioned document was 3 4 PageID Marked and received as 62. marked as Exhibit Number 62.) BY MS. FLOYD: 5 Q. Is this an e-mail that you sent to yourself? 6 A. Yes, ma'am. 7 Q. Is this the attachment? 8 A. Yes, ma'am. 9 Q. Why did you send this to yourself? 10 A. I must have been doing a followup to see if I could 11 what Grafenreed had sent so I can remind myself to follow 12 this to see if there's any threats, counter-protests or 13 other similar protests scheduled for that day, as a 14 reminder, a reminder e-mail. 15 Q. 16 account? 17 A. 18 can't remember what she sent me, but yes, it's quite 19 possible. 20 Did you access this information through the Bob Smith It -- it's quite possible. MS. FLOYD: I don't know what she -- I The next exhibit is an e-mail from 21 Tim Reynolds on 10-4-2016. 22 the Bates range 15661. It is a JIB that begins with 23 THE COURT: 24 (WHEREUPON, the above-mentioned document was 25 Marked and received as 63. marked as Exhibit Number 63.) Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 102 of 111 5305 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 232 BY MS. FLOYD: 2 Q. Is this the JIB you prepared on 10-4-2016? 3 A. It is. 4 Q. Is this the event that you sent yourself in the last 5 exhibit? 6 A. Yes, ma'am. 7 Q. Would you -- when you prepared the JIBs, did events 8 remain on the JIB for multiple days until the event 9 occurred? 10 A. They did. MS. FLOYD: 11 Okay. Next exhibit is Plaintiff's 12 Pretrial 98, and it is an e-mail from Tim Reynolds on 13 10-11-2016. 14 THE COURT: 15 (WHEREUPON, the above-mentioned document was 16 17 Marked and received as 64. marked as Exhibit Number 64.) BY MS. FLOYD: 18 Q. Is this an e-mail you sent to Colonel Sampietro in 19 response to an e-mail she sent to you? 20 A. Yes. 21 Q. And is this an e-mail about Memphis Voices for 22 Palestine? 23 A. 24 was also here locally and that Kroger had just opened, so 25 Colonel Sampietro was kind of concerned about traffic and It is. That was part of a national protest, but it Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 103 of 111 5306 DIRECT EXAMINATION OF T. REYNOLDS 233 1 new customers to the Kroger and how big this crowd was 2 going to be and if there's going to be any, you know, 3 impeding traffic or officer safety threats. 4 Q. 5 Memphis Voices for Palestine? 6 A. She did. 7 Q. And this was what you responded? 8 A. Yes, ma'am. 9 Q. And in the second sentence, you're talking about Okay. PageID So Colonel Sampietro asked OHS to look into 10 community organizers? 11 A. Uh-huh. 12 Q. And you indicate that Keedran Franklin, Al Louis, Paul 13 Garner and Tami Sawyer support MVP on their pages? 14 A. They do. 15 Q. How do you -- how did you know that? 16 A. Through my undercover account, Bob Smith. 17 the association. 18 Q. You can see Okay. 19 MS. FLOYD: My next exhibit -- 20 THE COURT: We'll mark as 65. 21 MS. FLOYD: My next exhibit is an e-mail from Tim 22 Let's get the -- Reynolds on 10-12-2016. 23 THE COURT: 24 (WHEREUPON, the above-mentioned document was 25 Okay. marked as Exhibit Number 65.) Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 104 of 111 5307 DIRECT EXAMINATION OF T. REYNOLDS 1 MS. FLOYD: 2 MR. WELLFORD: 3 MS. FLOYD: 4 PageID 234 It starts 15920 for the Bates range. 15 what? 15920. BY MS. FLOYD: 5 Q. Is this the JIB for October 12, 2016? 6 A. It is. 7 Q. And does the final page include the Memphis Voices for 8 Palestine event we just discussed? 9 A. It does. 10 Q. And this was a permitted event? 11 A. It was. MS. FLOYD: 12 13 My next exhibit is an e-mail from Officer Wilburn on 7-21-16. It is Plaintiff's Pretrial 46. 14 THE COURT: 15 (WHEREUPON, the above-mentioned document was 16 17 Marked as 66 and received. marked as Exhibit Number 66.) BY MS. FLOYD: 18 Q. This is an e-mail that Officer Wilburn sent to you, is 19 it not? 20 A. It is. 21 Q. And what is it? 22 A. The subject line is, Do you have this one yet? 23 we're back in July, and -- 24 Q. What is the event? 25 A. It is a Black Lives Matter event, and Officer Wilburn And Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 105 of 111 5308 DIRECT EXAMINATION OF T. REYNOLDS PageID 235 1 is wanting me to make sure that I'm aware of this possible 2 event because it's on social media. 3 Q. 4 to you? 5 A. Why was it important for Officer Wilburn to send this I don't know. You'll have to ask him. MS. FLOYD: 6 And the next exhibit is an e-mail 7 from Tim Reynolds on 7-22-16. 8 the Bates range beginning 18586. THE COURT: 9 10 11 It's a JIB beginning with Marked and received as 67. (WHEREUPON, the above-mentioned document was marked as Exhibit Number 67.) THE COURT: 12 We're not going to stay much longer 13 because you have a 6:00 turnover data and you have a 7:00 14 potential deposition, but we will come in tomorrow and ask 15 everybody to be here -- frankly, be here about a quarter 16 'til 9:00. 17 ahead. 18 As soon as everybody's together, then we'll go The only question is whether or not we need to 19 interrupt witness's testimony, which I hope not but we 20 might, if Mike Cody is available. 21 something we would consider doing if we need to. 22 see you at a quarter 'til 9:00 and you can all discuss 23 about the best way to handle that so we can inconvenience 24 the least number of people possible. 25 be inconvenienced no matter what. So that would be So we'll Somebody's going to I'll let you talk about Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 106 of 111 5309 DIRECT EXAMINATION OF T. REYNOLDS 1 PageID 236 that. 2 Now, I'm going to check -- I'm going to -- we'll 3 see tomorrow. 4 before quarter 'til, if that's okay, so that we're all set 5 to go. 6 you tomorrow. 7 said we would do that every day. 8 sure where we are with our witnesses. 9 witness list, but we want to make sure because it's changed 10 Probably want to get here a little bit I'm going to let you step down and then we'll see I'm going to just check on our schedule. We And we do want to make Of course, we have a a little bit, and so let's go through that. 11 Our witnesses for tomorrow will be -- we'll be 12 concluding the testimony that we have now from Sergeant 13 Reynolds tomorrow, so you can rest. 14 about the case. 15 pleasant evening. They can't talk to you It's wonderful, you know. 16 THE WITNESS: 17 THE COURT: Just have a Thanks. We'll finish that testimony. Do you 18 think we'll finish that, because the cross is going to take 19 a while? 20 21 Let me ask about that. MR. WELLFORD: I was hoping that I have overnight because can I cut down on a number. 22 THE COURT: 23 MR. WELLFORD: 24 THE COURT: 25 Now, you're going to wrap this up within Sure. So it -- but an hour, you know. I would think so. I understand. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 107 of 111 5310 DIRECT EXAMINATION OF T. REYNOLDS 1 45 minutes tomorrow? 2 MS. FLOYD: 3 PageID 237 Make the train move faster. Yes. I can go through the exhibits tonight and mark them. THE COURT: 4 Just try to get us -- and move on. 5 know the first day, always a little more working out some 6 details, so that's not a problem. 7 finishing -- you -- and you're going to talk -- who is 8 going to tell me whether or not we're going to take 9 Mr. Cody as the next witness or whether we're going to 10 MR. WELLFORD: I don't have an objection. We will accommodate Mr. Cody's schedule. 13 THE COURT: 14 MR. CASTELLI: 15 So we'll plan on interrupt or not? 11 12 I That would be my thought, too. And I'll ask him what's best for him, if he -- 9:00 we can put him on, that's -- 16 THE COURT: 17 MR. CASTELLI: 18 THE COURT: We'll start at a quarter 'til. Or a quarter 'til, yes, sir. Quarter 'til. I'm just thinking that 19 we don't know his schedule. We're going to be interrupting 20 that, but you will need to tell each other that before the 21 end of the evening. 22 anyway. 23 either out of the box or we'll have -- Mr. Reynolds will 24 finish, then we'll have Mr. Cody can come over probably 25 after the break, about 10:30. I know you're going to be together So we will assume that we will have Mr. Cody That might work. But you'll Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 108 of 111 5311 DIRECT EXAMINATION OF T. REYNOLDS 1 tell me the first thing in the morning. 2 other tonight. 3 238 You'll tell each Now, after Mr. Cody's testimony, let's go quickly 4 back through that again to make sure we're still -- how 5 we're doing on the schedule. 6 part? 7 8 So are you in charge of this MS. FLOYD: Of how long is left on Sergeant THE COURT: No. Reynolds? 9 10 I already know that. It's 45 minutes. 11 MS. FLOYD: Okay. 12 THE COURT: I'm going to actually time that a Okay. 13 little bit. 14 everybody gets a little bit of a break. 15 pick up the pace a little bit. 16 MS. FLOYD: Okay. 17 THE COURT: I'm sure you can do that. 18 PageID We have to be a little stricter. First day, Second day, we'll Is that okay? I'm sure it will be fine. 19 And so after the first two witnesses tomorrow, we 20 finish Sergeant Reynolds and we have Mr. Cody, who is going 21 to now be our next witness? MR. CASTELLI: 22 23 Mr. Kramer. THE COURT: 24 25 I think then we would go with know. Okay. Well, that's what I needed to Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 109 of 111 5312 DIRECT EXAMINATION OF T. REYNOLDS 1 MR. CASTELLI: 2 THE COURT: 239 We've got the standing issue. Okay. That's what I needed to know, 3 because that's -- and that's what Mr. Wellford needs to 4 know. 5 MR. WELLFORD: 6 THE COURT: PageID That makes sense. Okay. Then we'll do Mr. Kramer. And 7 then after Mr. Kramer, assuming there's an after, what will 8 be next? MR. CASTELLI: 9 THE COURT: 10 Next would then be Major Chandler. Okay. Major Chandler. We're just 11 going to rehearse again who we had before and after 12 Chandler. MR. CASTELLI: 13 14 would like to get the director on, Director Rallings. THE COURT: 15 16 Then after Chandler, I think we Okay. That's probably enough for us to get through tomorrow. 17 MR. WELLFORD: I think so. 18 MR. CASTELLI: I would imagine. 19 THE COURT: Okay. So -- but tomorrow, we'll -- I 20 think everybody understands, we'll move as fast as we can. 21 Mr. Laurenzi, you need to have a discussion with 22 everybody. He knows how to move a case quickly, so -- 23 MR. LAURENZI: 24 THE COURT: 25 I will do my best, Your Honor. If you'll do the best you can on that, we'll work on it. Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 110 of 111 5313 PageID 240 1 2 Okay. time? Well, we'll see everybody tomorrow at what What time will you be here tomorrow? 3 MR. CASTELLI: 4 THE COURT: Probably about 8:00, Your Honor. Okay. You're good. You're good. 5 That sounds -- want to get here early so you're all set and 6 ready to go. 7 MR. CASTELLI: 8 THE COURT: 9 10 That's the plan. Thank you all very much. you've got work to do this evening. excused. 11 MR. CASTELLI: 12 (Adjournment.) 13 (End of Volume 2.) 14 15 16 17 18 19 20 21 22 23 24 25 Thank you. I know We'll let y'all be Case 2:17-cv-02120-JPM-jay Document 135 Filed 08/28/18 Page 111 of 111 5314 PageID 241 C E R T I F I C A T E 1 2 3 4 I, LISA J. MAYO, do hereby certify that the 5 foregoing 110 pages are, to the best of my knowledge, skill 6 and abilities, a true and accurate transcript from my 7 stenotype notes of the trial, on 20th day of August, 2018, in 8 the matter of: 9 10 11 ACLU of Tennessee 12 vs. 13 City of Memphis, Tennessee 14 15 Dated this August 28, 2018 16 17 18 19 20 21 22 23 24 25 S/Lisa J. Mayo LISA J. MAYO, LCR, RMR, CRR Official Court Reporter United States District Court Western District of Tennessee