ONE DAY IN THE TRIAL OF KAHLIL JACOBS-FANTAUZZIby Gary Evans
After nearly one year of brief procedural hearing after hearing, each requiring Kahlil Jacobs Fantauzzi's presence in the courtroom and absence from the middle school classroom where he teaches, the trial got underway Monday May 8, 2000. The first several days laid the groundwork for the trial, including rulings on evidence and other procedural matters, followed by Jury selection.
On Friday, May 12, the case began in earnest. The assistant district attorney presented his case, consisting of testimony from the arresting officers.The most important aspects of the police version of events related to the moments immediately preceding the arrest.
Two Berkeley Police Department Officers, Sergeant Files and Officer Schofield, both testified under oath to essentially the same version of events, as follows: They were approaching a "Camp KPFA" demonstrator who was completing the placement of a tent on the sidewalk in front of KPFA when Kahlil rapidly approached. He was calling out via a low-powered bullhorn something to the effect of, "No, No, No." (It will be recalled that it was Kahlil's responsibility to maintain a peaceful presence as the police liaison.) According to the two officers' version of what happened next, Kahlil stood within arms’ reach of the lead officer, Sergeant Files, and with bullhorn in hand, he shouted demands that they stop. The officers testified that they attempted to step to Kahlil's side and that Kahlil stepped in front of them repeatedly, ignoring their warnings that he would be arrested if he would not allow them to pass. Both officers agreed that this discussion and confrontation occurred over a one-half to full one-minute period.
Assistant District Attorney Lim rested the prosecution's case on Friday (very loosely referred to as the "people's case"). Kahlil and his attorney, Richard Kresh, then called a series of witnesses. The first was Jim Bennett, then Operations Director, and current Interim General Manager (and Operations Director) of KPFA. Bennett testified that Kahlil had operated as a peacekeeper during the demonstrations, and further, that he functioned in the role of police liaison. Although much of Bennett's testimony regarding the KPFA Steering Committee's selection of Kahlil for that task was not allowed into the record, the important words "peacekeeper" and "police liaison" were heard by the jury and remain on record for the later closing narrative summation.
Next to testify was Berkeley resident and UCB Professor Emeritus, Frances Rachel. For the most part, her testimony as a character witness was not allowed into the record, although it was clear she respected Kahlil highly.
Kresh’s third witness was very strong. Leo Stegman is a soft spoken and very clear thinking young African American man, an Oakland resident with two academic degrees (Social Services and Paralegal studies) who currently works in community outreach and with a job training program for the City of Oakland. Stegman's testimony was compelling as a very credible eyewitness to the events. Stegman's version of the arrest differed strikingly from that of the officers' testimony earlier in the day. Stegman clearly laid out the simple events of that early morning: The campers saw a police contingent (approximately four uniformed officers) begin to cross the street toward the KPFA building and "Camp KPFA" where a tent was being erected on the sidewalk the demonstrators had occupied for the past several days. Kahlil, seeing a developing confrontation, trotted over to the tent while calling out for the police to stop and listen. The moment Kahlil arrived near the police group, he was forcibly taken to the ground, a pain hold was applied, he was handcuffed, and then he was quite brutally dragged to a waiting police van, thrown in, and driven off. In Stegman’s words, "They were piling on him like some kind of animal." The assistant district attorney briefly cross-examined Mr. Stegman, but to no avail. His testimony was vivid, dramatic and well received by the jury.
Kresh next called two character witnesses. UC Berkeley Professor Dr. Pedro Noguera stated that he had known and worked with Kahlil for several years and that he regards Kahlil as an outstanding person who is well known for his veracity and upright community leadership. This was solid testimony, and again the jury reacted quite positively. Kriss Worthington, current member of the Berkeley City Council, further corroborated Kahlil's community standing and his role as a peacemaker.
The afternoon was topped off by the showing of a videotape taken by one of the "Camp KPFA" demonstrators. It consisted of two clips, the first showing an event that had occurred the day before when an officer threatened Kahlil that if he tried to help protestors in his role as peacemaker, he would essentially pay a price. The second clip documented events leading up to and including the arrest itself. This was extremely powerful as it verified the truthful earlier testimony of Leo Stegman and clearly exposed the untruthful version given by the arresting officers. The moment Kahlil arrived, he was brutally assaulted, handcuffed, dragged and thrown into a police van as Kahlil and dozens of demonstrators called out, "Why am I (is he) being arrested?" There was no discussion or negotiation as Officers File and Schofield had claimed. The videotape clearly corroborated the testimony of Stegman and just as clearly damned police testimony as false and police behavior as inappropriate and brutal.
The trial will resume Monday morning, May 15, in Oakland. By the time you read this it is expected an acquittal will have been rendered and that Kahlil will be busy working on his lawsuit against the City of Berkeley in answer to the events of this case.
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Funds are urgently needed to pay the costs of Kahlil's defense (witnesses flown here, Xeroxing, etc., etc., etc.). Please send whatever donations you can to:
Kahlil Defense Fund c/o Friends of Free Speech Radio 905 Parker St., Berkeley, CA 94710