Script for White Man Said Walk

 
Teressa Raiford Trial Recreation

Voices:   
Narrator
Juror:  An activist herself.
Defense Attorney: patient, logical, right
Prosecutor: sharp guy, wants to win, frustrated by lack of evidence
Officer Sue: Trying to fit into the tough guy environment, admires Jake.
Officer Jake: Tough guy smiling for the $%#% jury, want to help Sue fit in.
Officer Kris: Veteran officer, weary of this, tilting testimony out of duty not conviction.
Officer Randi:    Simple ‘yes sir’ attitude, conflates clumsily  

Notation Notes:
  ‘…’ means to take a full breath on mic
  Extra,commas,mean,separate,each,word…
  
 
Monday

Narrator:: Monday morning Judge Michael Greenlick held a pretrial hearing to see if the police even had probable cause to arrest Ms Raiford. The prosecutor started by calling Portland Police Sergeant Jacob Clark to the Stand.

Prosecutor:: Were you the officer in charge on Aug 9, 2015,

JacobClark:: I was.

Prosecutor:: What were your goals on that day?

JacobClark:: Our goals were to allow people to protest, to ensure the public safety, and to keep traffic moving.

Prosecutor:: What happened?

JacobClark::  I got a call shortly after three from Officer Billard. About 100 protesters took over the intersection at 82nd and Division.

Prosecutor:: Then what happened?

JacobClark::  I put out a call for all available units and headed over. By the time I got there the intersection was clear. Almost all of the other protesters moved to the sidewalk on the South side of the street. When she remained in the street, I assembled a team of volunteers on the North side. I went over with my volunteers and gave her several warnings to get on the sidewalk…

I told her to get out of the street or else she would be arrested.
She just walked away from me.
THAT’s when I gave the order to arrested her.

Prosecutor:: No further questions.

Narrator:: Before we continue with the cross examination of Sergeant Clark, let’s hear from Kelly Simon from ACLU-Oregon on what defines disorderly conduct.

Narrator:: Back in court, Mr Matthew McHenry cross examined Sargent Jacob Clark for the defense (..that is for Teressa Raiford)

McHenry:: Did you see Ms Raiford block any cars?

JacobClark:: No

McHenry:: Did you see any cars have to alter in any way?

JacobClark:: No

McHenry:: Why did you arrest Teressa Raiford?

JacobClark:: She was standing in the street, that is disorderly conduct. I told her several times to get out of the street. When she disobeyed, I had her arrested.

McHenry:: No more questions.

Narrator:: Then Portland Police Officer Susan Billard took the stand and the Prosecutor asked:

Prosecutor:: What happened on August 9, 2015?

Billard: I was driving North on 82nd at about 3 PM. There was a crowd of protesters blocking the intersection at Division. I called it in.

Prosecutor:: What happened next?

Billard:: Sergeant Clark was the officer in charge and he had us observing from the North side of the street. Then he called for volunteers to go across the street.  I volunteered.

Prosecutor:: Then what happened?

Billard:: We went across and she was still standing in the street yelling and screaming and blocking traffic. We gave her several warnings. When she disobeyed Sergeant Clark gave the order and I arrested her. I arrested her with Officer Miller.  We thought it would be nice if two female officers arrested her.

Prosecutor:: No more questions

Narrator:: Defense Attorney Matthew McHenry cross-examined Officer Billard

McHenry:: Why did you arrest Teressa Raiford?

Billard: Sergeant Clark ordered me to.

McHenry::  …Before you arrested her, you observed her from the North side of the street?

Billard: Yes

McHenry: and you could see that she was in the street?

Billard::  Yes, everyone else obeyed, she only one left in the street.

McHenry:: and did you see her obstruct traffic?

Billard::  Yes, several cars had to stop; they were honking and couldn’t get through.

McHenry: … OK, About how long did they have to stop?

Billard:: Probably 5 minutes. In was at rush hour on Monday and there was a lot of traffic. 82nd is officially designated a highway, it’s Oregon Highway 213.

McHenry:  uhhhh, can you check your notes, was August 9th a Monday?

Billard::   …ummm,well, it was a very busy hour on Sunday and it is highway 213..that is true.

McHenry:: You testified that several cars were stopped for ‘up to 5 minutes’

Billard:: yes, about 5 minutes.

McHenry:: So, if there were a video it would show cars (stopped because of..)

Prosecutor:: Object! Speculation, he said `if`

McHenry:: …I have no further questions

Narrator::After the police witnesses leave, Defense attorney Matthew McHenry argued that officer Billard’s testimony was unreliable: she got the day wrong and her testimony of stopped cars contradicted the youtube video of the events that occurred on August 9, 2015. Here is what Judge Michael Greenlick said, audio courtesy of the Oregonian.

Narrator::Since Sergeant Clark didn’t see Ms Raiford block traffic and Officer Billard was found not truthful, Judge Greenlick ruled that there was no probable cause for the arrest. Yet the trial moved ahead. Again, here’s Kelly Simon from the ACLU to explain why:

Tuesday

Narrator:: With Judge Greenlick determining the trial should continue, jury selection was held on   Tuesday morning. The pool of twenty-one potential jurors included three minorities, none of whom were African-American. A panel of six jurors and one alternate was finally selected. Shortly before 2pm, the prosecution began with its opening arguments.

Prosecution::  Black lives do matter. Black lives, definitely, do, matter. And on August 9, 2015 Teressa Raiford went to 82nd and Division with the intent of making that story heard. And she has every right to tell her story; to honor Mike Brown, to wave her signs, and to chant her chants. Sadly, Ms Raiford’s story that day was more than just speech.  She intentionally led hundreds of protesters into a busy Portland intersection and she shut, traffic, down.  You will see a video with a full bus trapped, and cars honking, all while protesters are shouting ‘whose streets? Our streets!’ – That is all the evidence you need to know that she intended to obstruct traffic and that she did in fact obstruct traffic on a public highway.

You will hear testimony showing that the police gave the defendant several warnings and when she refused to get out of the street she was arrested. Your job as a jury is to separate Ms Raiford’s passionate message that Black lives really do matter with her actions on August 9th. Her plan that day was to take over that intersection, to obstruct the public way, to force people to listen to her story – even if they had someplace else to go.

When you consider all of the evidence it is clear that Teressa Raiford had the intent to, and did in fact, intentionally obstruct traffic on a public way. According to Oregon Law, that is disorderly conduct. This is not about free speech, this it is about taking responsibility for your actions, it is about following the law. I am confident you will dispassionately consider the evidence, do your duty, and see, justice, done.

Narrator::Defense attorney McHenry started with a brief biography

McHenry:: My client, Teressa Raiford is a native Portlander. She graduated from Jefferson High school and eventually  moved to Texas where she was a successful business women. In 2010 she came back to Portland for a visit and while she was here, tragically, her nephew was killed. Ms Raiford never returned to Texas and has been an activist ever since. She started leading demonstrations, advocating for change, and she made a lot of people very uncomfortable. Her work as an activist often draws a police presence and they know exactly who, she, is.  ‘

On August 9, 2015 Ms Raiford organized a community art project to honor the life of Mike Brown. It was a family event with many children present. There was an open mic session in which many people spoke, then there was a group decision to take it outside. As you will see on a video, there is art, drumming, chanting as a large group took over the intersection for 4 and a half minutes to collectively honor the 4 and a half hours Mike Brown spent dying in the street. Then the vast majority of demonstrators moved out of the intersection and back on to the sidewalk.  Some people, including Ms Raiford and several other individuals, continued to lead chants, to keep the energy up and the sign waving going.

Suddenly, a large police presence appeared across the street and THAT changed the mood of the crowd. Ms Raiford continues to lead chants and keep other activists on the sidewalk.  She sees other people in the street and they are not arrested. Then, 4 heavily armed officers march over and arrest Teressa Raiford and charge her with disorderly conduct.  

The evidence will show that she was raising her voice that day, the same as dozens of others. The evidence will show that the police had a plan to arrest Teressa Raiford before the event even started. The evidence will show that Teressa Raiford was arrested because she is Teressa Raiford not because she committed any crime that day. Thank you.

Narrator: The first witness in front of the jury was Sergeant Jacob Clark.  The prosecutor asked:

Prosecutor:: Sergeant Clark, how long have you been with the force?

JacobClark:: I’ve been with the force for about 12 years

Prosecutor: Is 82nd a busy street?

JacobClark:: – Yes, 82nd is busy. It’s officially designated Oregon highway 213.
 
Prosecutor:: What happened on August 9th?

JacobClark:: A group of about a 100 protesters took over the intersection of 82nd and Division.  We got everyone back on the sidewalk except one women would not get out of the street.

Prosecutor:: And is that was women in this courtroom?

JacobClark:: – yes

Prosecutor::  Can you point her out?

JacobClark:: – Yeah, She is right over there

Narrator:: And he points right at Teressa Raiford.

Prosecutor:: Did you give her a warning before you arrested her?  

JacobClark:: Yes, we gave her several warnings.

Prosecutor:: Why did you arrest her?

JacobClark:: She was the only one that wouldn’t get out of the street, standing in the street is disorderly conduct, so I had her arrested.

Prosecutor: No more questions.

Narrator:: Defense attorney Mr. Matthew McHenry cross examined Portland Police Sergeant Clark

McHenry: Did you receive training in how to testify?

JacobClark:: Yeah, a long time ago.

McHenry:: To look the jury in the eye?

JacobClark:: Sure

McHenry:: You got the call from Officer Billard just after 3?

JacobClark:: yeah, about that.

McHenry:: And got back at what, 3:10, 315?

JacobClark:: yeah, about that.

McHenry:: That wasn’t the first time you were at 82nd and Division that day?

JacobClark:: True

McHenry:: You had been staking them out since noon?

JacobClark:: I was parked nearby since about noon.

McHenry: You were parked where they couldn’t see you?

JacobClark:: I’d hope so.

McHenry:: And what time did you leave the scene?

JacobClark:: I left about 3 minutes before I got the call from Officer Billard.

McHenry:: When you got back to 82nd and Division, did you see any cars blocked?

JacobClark:: No

McHenry:: Did you see any car have to alter in any way?

JacobClark:: No

McHenry:: Did anyone from the public complain to the police?

JacobClark:: No

McHenry:: Why did you focus on Teressa Raiford?

JacobClark:: – She was the one most blatantly disobeying.

McHenry:: Your assembled about a dozen Police officers on the north side of the street?

JacobClark:: Yes

McHenry:: While still on the north side of the street, did you give the order to ‘arrest that women’?

JacobClark:: –  No, I went over with 3-4 volunteers to give her a warning.  She walked away and we arrested her.

McHenry:: No further questions.

Narrator:: Then the state called officer Susan Billard.

Prosecutor:: What happened on August 9, 2015?

Billard: I was driving North on 82nd at about 3 PM. My beat is East of 205, I just happen to be driving up 82nd. There was a crowd of protesters blocking the intersection at Division and traffic was heavy. I called it in.

Prosecutor:: What happened next?

Billard:: Sergeant Clark was the officer in charge.  He had us assemble on the North side of the street where we observed. When he called for volunteers to go across the street,  I volunteered.

Prosecutor:: What happened next?

Billard:: We went across and she was still standing in the street yelling and screaming and blocking a lane of traffic. We gave her several warnings. When she just walked away Sergeant Clark gave the order and I arrested her. I arrested her with Officer Miller.  We thought it would be nice if two female officers arrested her.

Prosecutor:: Did officer Clark give her one final warning before arresting her?

Billard:: Yes, if she moved onto the sidewalk she would not have been arrested.

Prosecutor:: No more questions.

Narrator:: And Mr Matthew McHenry cross examined Officer Billard

McHenry: You were the first officer on the scene that day?

Billard:: I was.

McHenry:: At that time about 100 protester were in the intersection?

Billard: Yes, about 100.

McHenry:: Did you speak with a police liaison from the group?  

Billard:: I did

McHenry:: And this was a white male about 5’6”

Billard:: About.

Billard:: And he told you they would be finished soon?

Billard:: Yes

McHenry: And he stayed in the street?

Billard::: Yes

McHenry: And you didn’t arrest him?

Billard::  I didn’t

McHenry:: And the protesters DID soon move out of the intersection?

Billard:: Yes

McHenry:: You told protesters that they were not allowed to block traffic again?

Billard::   I said they couldn’t be in street.

McHenry:: um, Can you check you report on that.

Billard:: umm…OK, I said they couldn’t block traffic

McHenry:: Did you see Ms Raiford blocking traffic?

Billard:: She was in the street

McHenry:: Was she stopping cars?

Billlard::  I don’t remember

McHenry:: Do you remember testifying yesterday that she was stopping cars?

Billard:: You tricked me. Defense attorneys like you alway try to get me in trouble.
.
McHenry:: Do you remember Teressa Raiford blocking cars?

Billard:: I wasn’t monitoring traffic

McHenry:: What did Clark tell you when you were still on the North side of the street?

Billard: He gave the order to follow him. Later on he said to arrest her.

McHenry:: When you cross the street you are focused on Teressa Raiford?

B::  I was

McHenry:: And the order was to ‘arrest women in black with bandanna’, not ‘arrest people in street’?

B:: It was

McHenry:: What happened after the arrest?

B:: She was resisting me and screaming at me, she was loud and angry.

McHenry:: You said she was fortunate to live in PDX where the police are professional?

B:: Yes

McHenry:: Then you told her that 90% of black people are killed by other black people?

B:: Yes

McHenry:: And that was professional?

B::  I was trying to start a conversation, build a relationship.

McHenry:: You reported that Teressa Raiford resisted you? –

B:: Yes, she lowered her shoulder and shoved me as she was getting into the car.

McHenry:: Did you see Teressa Raiford with the crowd in the middle of the intersection?

B:: No

McHenry:: So, the only time you saw traffic blocked was when there were 100 people in the intersection. Why didn’t arrest anyone then?

B::  There were too many of them.

McHenry: I have no more questions.

Narrator:: The prosecution’s redirect of Billard was brief.

Prosecutor:: Did you or Clark give Ms Raiford a final warning?

Billard: Yes, she walked away and we arrested her.

Wednesday

Narrator:: And with that the judge called the court adjourned.  

The next morning a juror reported that  she witnessed an altercation between police and an audience member. The judge called her into the courtroom to describe this interaction. .

Carson – On my way out of court yesterday I heard an audience member say ‘can a police officer be arrested for lying’. I was surprised that the officer answered. I had seen that Billard was part of the group of police and I assume it was her. I thought she should have been more professional.

Narrator:: Judge Greenlick asked if she could still be fair, to which she replied:

Carson::  Oh sure, I didn’t learn anything new. I saw all of that yesterday

Narrator: And the judge and lawyers all agreed to leave her on the jury.

Carson:: Then I’m still a juror on this case?

Narrator:: Next the prosecution called Kris Barber to the stand.  He is important because of his role in the only other arrest that day: that of activist Diane Chavez.

Prosecutor:: How long have you been with the force?

KrisBarber:: I’ve been with the force for,,18 years now,

Prosecutor:: What happened on August 9th?

KrisBarber::  On April 9, 2015 I heard Officer Billard’s call that there was a crowd blocking the intersection at 82nd and Division. I was in Lents and headed up.  Sergeant Clark was the officer in charge and had us meet in the PCC parking lot.

Prosecutor:: Then what happened?

KrisBarber:: We moved to the North side of the street and monitored for about 15 minutes. Most of the protester were off the street. Later on I approached Ms Chavez because she got back into the street.

Prosecutor:: What did you tell her to do?

KrisBarber:: I told her to get back on the sidewalk. When she didn’t get back she was arrested.

Prosecutor:: No more questions

Narrator:: Matthew McHenry cross examined Sergeant Kris Barber.

McHenry:: You have received training in how to testify?

KrisBarber:: Some

McHenry:: And you studied Psychology?

KrisBarber: Sure, back in school.

McHenry:: By the time you got to division and 82nd the intersection was clear?

KrisBarber:: True

McHenry::  You were observing from the North side and the activists were on the South side?

KB:: yes

McHenry: In your report it says that you saw a Black women step off the sidewalk?

KrisBarber:: Yes, I did.

McHenry:: At this time other people were in the street?

KrisBarber:: I  don’t know

McHenry:: Did you see Ms Raiford obstruct traffic?

KrisBarber:: yeah, I saw her stop a car.

McHenry:: How long did they have to to stop?

KrisBarber:: I didn’t monitor the time.

McHenry:: About how long?

KrisBarber:: I dont ‘ know

McHenry:: Was the car prevented from turning?

KrisBarber::  They sure weren’t going to turn with all that.

McHenry:: All that? All what?

KrisBarber:: …uh, well, HER.

McHenry:: Clark and 4 others arrested Chavez?  

KB:: Yes

McHenry:: Because everyone else was back on the sidewalk?

KB:: well, on MY side they were.

McHenry:: Ms Chavez is a white women?

KB:: um,  I guess.

McHenry:: She put a camera in your face, was warned no less than 4 times, she stays in your face and you do not arrest her?

KB:  True

McHenry:: She walks away from your and still there is no arrest?

KB::  True

McHenry:: Clark warns her again and STILL no arrest

KB:: True

McHenry:: No more questions.

Narrator:: And the prosecutor’s redirect:

Prosecutor::  How long was it before the first warning to Ms Chavez and her arrest? –

KrisBarber::  3, maybe 5 minutes.

Prosecutor:: No further questions.

Narrator:: and the State calls Officer Randy Miller. Officer Miller arrested Teressa Raiford along with officer Billard.

Prosecutor:: You got a call around 3pm on August 9th?

Miller:: Yes, Officer Billard called in that protesters were blocking an intersection.

Prosecutor:: When you arrived at 82nd and Division, was there a staging area?

Miller::  Yes, Sergeant Clark was in charge and he gave order to wait and observe from the North side of the street.

Prosecutor:: Then what happened:

Miller:: I volunteered to go across. Sergeant Clark told her to get back on the sidewalk. When she stayed in the street Officer Billard and I arrested her. Then she started screaming and yelling, other people were screaming and yelling. Officer Billard was trying to explain to her what was happening.

Prosecutor::  No more questions.

Narrator:: Mr McHenry cross examined Officer Miller

McHenry:: By the time you got there, people were out of the street?  

Miller:: Yes

McHenry: And you were observing the protesters, along with a dozen other officers, from the North side of the street?

Miller::  Yes

McHenry:: When Sergeant Clark called for volunteers, you stepped up?

Miller:: yes, sir.

McHenry:: And you volunteered to conduct the arrest?

Miller:: yes

McHenry:: You were instructed by Sergeant Clark before you cross the street to arrest the `women with the black shirt and bandanna`?

Miller:: Yes

McHenry:: And Officer Billard told you,  ‘that’s Teressa Raiford’?

Miller::  Yes

McHenry:: Most other protesters were white?  

Miller:: I don’t know

McHenry: You were not instructed to give Ms Raiford one more chance

Miller:: True

McHenry:: So, you are testifying that officer Clark ordered you to arrest Teressa Raiford while you were still on the North side of the street?

Miller:: well, if she didn’t move

McHenry:: Can your please check your report on that?

Miller::   ok, my orders were to, ‘arrest the women in the black shirt and bandana’

McHenry:: And you got this order from Sergeant Clark while still on the North side of the street?

Miller:: true

McHenry:: No more questions

Narrator:: and the redirect from the prosecutor.

Prosecutor:: Did YOU make the decision to arrest?

Miller:: No

Prosecutor:: If Sergeant Clark told you to stop would you still have made the arrested?  

Miller:: No, if she stepped on the sidewalk, she would not have been arrested.

Prosecutor: No more questions.

Narrator: And with that the state rested.  The defense called several witnesses who were present during the events of August 9, 2015 to establish that Ms Raiford was not doing anything different from several other protesters.

On the final day of the trial, Ms Raiford wore that Black shirt and headband as she she took the stand in her own defense.

Take stand; background; texas; back to pdx;  nephew shot
BLM, first protest
Don’t shoot PDX, anti police,
Previous interactions with police
Aug 9 Mike Brown
Aug 9 civil disobedience planned? Impromptu panel, move outside  
Everyone went into intersection (waited for white man)
Lead chant Shut shit down?
After 4 1/2 mintues?
See the officers coming
Arrest?
Why were you arrested

The jury took three hour to reach their decision.  White Man Said Walk concludes with court audio of the verdict.

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