Officer Aaron Wilcox Questioned on the Arrest of Warren Barnes

Indymedia Uncut: Warren Barnes arrested for filming police:

On Friday, October 21, Warren Barnes was back in judge Melchor E. Castro's court. His case was scheduled for 10:30 AM, yet he wasn't called until 11:37 AM—the very last person in the courtroom; he was not allowed in the courtroom until his name was called.

Barnes was arrested on June 27 for refusing to give his name to an officer attempting to write him a ticket for jaywalking. He was charged with obstruction of governmental administration for not identifying himself.

Barnes crossed a less-than-busy Monroe Ave. after videotaping Rochester Police Department officers stopping and frisking a group of people of color. Ironically, this was the same day that Emily Good had her charges withdrawn by the DA's office for lack of evidence regarding her legal right and activity of videotaping police officers conducting a racially-based traffic stop in front of her home.

The assistant district attorney—whose name I was unable to get—had arranged to question three officers involved with the arrest. Barnes, who had just met public defender Virginia Myers, asked for an adjournment so that he could talk with his public defender in depth about his case. This was Barnes third public defender. The judge disagreed and said that examination of the officers would commence.

While Barnes was waiting to be called, three officers who abused him were waiting outside of court as well, no more than 20 feet from where Barnes was standing. According to the assistant DA, the officers arrived at 9:30 AM. Gabriel Person, Aaron Wilcox, and Thomas Luciano were to be questioned and then cross-examined.

The officers seemed to be in good spirits, looking rather smug, with one dressed up in a dark suit, shining shoes, and sunglasses oddly dangling from his ears. The court would have time to interview only one of the officers before the judge had to adjourn for lunch.

At approximately 11:37 AM, more than an hour after being told to arrive at court, Barnes was called. The judge immediately asked the assistant DA to bring in the first officer for questioning. Myers, dressed in a dark business suit contrasted sharply by her almost platinum-blonde hair, requested an adjournment so that she could speak with Barnes and better prepare for the cross-examinations of the officers. The judge denied the request and officer Wilcox was called to the stand. Officer Wilcox was wearing his uniform—he may have taken the time to shine his badge and insignia that morning because he was practically gleaming.

Wilcox, a 31-year-old white man who has been on the force for the last 13 years, is a patrol officer. He described how at around 9:15 PM on June 27 he responded to an assist call from other officers on the scene at Monroe Ave. between Oxford St. and Sumner Park where it was relayed that there was an individual who was crossing the street outside of the cross-walk area and that officers were concerned for his safety. Wilcox testified that the crossing took place in the middle of the block where no cross-walk was; he stopped Barnes and started writing him a traffic ticket. Barnes refused to give his name when the officer refused to identify himself. Wilcox called Barnes “uncooperative” and wrote the ticket. He testified that his name was discovered at the station sometime later after Barnes was arrested. He also said that Barnes “called him names.” Barnes was then arrested by officer Person for disorderly conduct. Obstruction of governmental administration was also added as Barnes had refused to give his name.

Officers Person and Luciano searched Barnes after he was arrested and found marijuana and a knife. In total, five charges were slapped on him: obstruction of governmental administration, failure to cross at a cross-walk, possession of a weapon, possession of marijuana, and disorderly conduct.

After the assistant DA had finished questioning the officer, Myers got up to cross-examine. Before she could, Barnes asked if the court would enter into evidence the officer's oath that he took when he became an officer and the Constitution of the United States, citing that if the officer's job is to protect and serve the people—which means individual rights, and by extension, Warren Barnes—then the officer was in violation of his obligations and oath by violating Barnes rights through his arrest and subsequent abuse when he was in police custody. The judge denied the request saying it was irrelevant to the proceeding.

On cross-examination, Myers asked what the original radio call to Monroe Ave. was and how Wilcox found out about it. He said he didn't recall the nature of the original call but he got it on the radio. She asked him how long it took him to get to the scene once he did get the call and at what time he arrived. Wilcox responded by saying it took him about five minutes to get to the scene, but that he could not recall the time.

Upon arrival, he assisted the other officers and wrote up the jaywalking ticket—but did not put anyone in custody. He was asked who placed Barnes under arrest and what the charges were that the officers had written down. He said Luciano and Person arrested Barnes and then he listed the charges I've listed above. She then asked what the original call for the officers was. Wilcox, some how getting his memory back, testified that the original call was a complaint from someone on Monroe Ave. stating they saw “suspicious males” walking down the street. Myers then asked for his job card, which the officer said he didn't keep, and other documentation on the event.

The job card gives information like who was on scene, when they arrived and left, what car numbers were there, and any actions that were taken. The officer had testified earlier that he and the other officers were concerned for Barnes safety because Monroe Ave. was a busy place with lots of vehicular and pedestrian traffic.

Part of Barnes charges stemmed from the fact that he was endangering himself and others by jaywalking. Yet, the officer testified that there were police cruisers blocking the street frustrating vehicular traffic. Myers asked Wilcox if he secured any video from the scene. He said no. She asked if it would be important to secure such video? He emphatically said yes. Wilcox testified that he did no investigation of local businesses to see if they had any footage of Barnes crossing the street. She asked if he has secured video from the police cameras. He said no. At about this time there was an objection and Myers continued with a different line of questioning.

The proud and confident statements made by Wilcox seemed to be losing steam as the examination began to wind down; Wilcox himself seemed slightly flustered and was squirming a bit in his seat. She asked if the officer had identified himself when he approached Barnes. He said that he had said, “Police! Stop! I need to talk to you!” She asked if he identified himself in any other way; he said he was in uniform. She asked what else he said to Barnes. He testified that he said, “Be a gentleman while dealing with us.” He went on to tell the court that Barnes “has to be careful, public safety, you know.” After Barnes was arrested, Wilcox said that he “tried to calm him down and get a record filled out.”

Toward the end of the examination, Myers asked if the officer had arrested anyone else for crossing roads—to which the assistant DA objected. The judge sustained the objection. She then asked the officer if he had ever lied in court—again, to which the assistant DA objected. The objection was sustained. Myers requested to retain her right to cross-examine Wilcox relating to the job card which the judge granted. The public defender stated that she would bring in potentially 3-4 witnesses. The assistant DA had two more officers to examine.

After some finagling on the above points, the judge adjourned for the day and set the next date to Friday, October 28, 9:30 AM. Warren certainly appreciates any support that the community can give. Please come out!