witness herein, having been first duly sworn, was
examined and testified as follows:
Would you state your name please?
25 Q. And
you're the Chief of Police for the
2 A. Yes,
3 Q. How
long have you been
WATSON: We're going to have to
this chair. I think both sides are going to
6 want us
to see their witnesses. So,
Holtgraver -- if you wish --
8 Q. Well,
look at them when you answer. I
9 won't be
11 Q. How
long have you been the Chief of Police?
13 Q. And
how long have you been employed by the
16 Q. And
you started in 1972 as a police
19 Q. And
when you started as a police officer,
was the police headquarters located?
Across the street from where it is now.
22 Q. And
that would be on Perry Highway?
23 A. Yes.
24 Q. Were
you familiar with the property at
2 Q. Okay.
During the course of time from 1972
the present time, what were your observations
4 of that
property as far as parking is concerned?
5 A. I've
never seen any vehicles parked in
6 front of
Right. Now, when we talk "in front of the
building," can you be a little more descriptive to
Board what you're talking about?
10 A. What
I'm talking about is what I described
being the sidewalk. It would be directly in frnnt
12 of the
13 Q. I
want to show you photographs here.
BAXTER: I think you've seen these
Baxter handing photographs to the
for his review.)
WATSON: Chief, why don't you move
chair back; and, Fred, why don't you sit up
(Attorney Clement reviewing
24 Q. I
want to show you, Chief, what are a
of photographs --
WATSON: Do you want us to mark
BAXTER: Yes. I want to mark
4 t h i s
5 Q. I've
marked this first set Borough 1, 2, 3,
6 and 4;
and I ask if you'd take a look at those and
what those pictures depict if you would.
8 A. To
me, this is what I always believed to be
sidewalk in front of a business. This is a
decorative stone portion along the highway here.
11 This is
-- -- I believe it would be an asphalt or
slab behind it.
Okay. So when you talk about the front of
building and not -- well, strike that. Let's
15 look at
Borough No. 2 and explain to the Board what
17 A. The
same. The decorative portion along
the slab along the front of the storefront.
Okay. And Borough No. 3?
20 A. It
would be the same.
21 Q. And
likewise, with Borough No. 4.
22 A. That
also would be the same.
23 Q. Now,
have you ever made an observation
the last couple of years of anyone parking in
1 A. Mr.
Ballon. That's all.
2 Q. On
how many occasions did you observe
Recently, it's been numerous.
5 Q. Okay.
But when you first issued him the
citations, was he parking pretty much in that
particular area that that picture depicts?
8 A. The
first citation that he was issued, he
parked in the center, partway on the stone,
on the asphalt. That was what originated the
12 Q. When
he parked there on other occasions --
13 did he
park there on other occasions?
CLEMENT: I have an objection, and
15 1 move
to strike the prior answer. There's no
foundation that he made a personal observation of the
that he saw.
BAXTER: Yes. I'm going to ask
20 Q. Did
you make this observation personally?
21 A. Yes,
22 Q. And
were you doing that in the course of
duties as Chief of Police?
24 A. Yes.
Actually, I was on my way to work,
the vehicle there.
1 Q. Then
when you made those observations, you
2 issued a
citation. Is that correct?
3 A. After
I seen the car there, I went to the
I then received a complaint about the car
parked there, and it was obstructing the view
6 of the
fire hall parking lot next to that. A lady
walking down. She complained about it. I sent
officer up, and he put a tag on it.
9 Q. Now,
on how many occasions prior to that
occasion did you notice parking in that particular
12 A. I've
noticed parking there.
13 Q. Are
you telling me you've never seen a car
15 A. I
have never seen a car parked there.
Well, where does Mr. Ballon park, if you
BAXTER: I would like to show
to the Board now.
WATSON: Do you want to offer
BAXTER: I would offer these.
WATSON: Any objection?
CLEMENT: No objection.
WATSON: Borough Exhibits 1
4 are admitted.
2 A. In a
parcel of land that's shared by the
and him. Mr. Ballon's always parked in a
5 Q. So
during the course of you being employed
6 by the
Borough, have you ever seen him park in that
8 A. I've
never seen him park there.
BAXTER: You may cross-examine.