siobhan mcdonough
@siobhan-m.bsky.social
3.3K followers 842 following 1.5K posts
@uaw.org 2320 NOLSW national trustee chair. @cambridgedsa.bsky.social. civil rights lawyer🏳️🌈🏳️⚧️. wife girl. opinions my own, not legal advice. join dsa: bdsa.us/joinus
![14. Thereafter, respondent announced that he had some clarification
questions and proceeded to question the witness at length about his encounter with
the defendant, including the witness's observations of an L-shaped object in the
defendant's crossbody bag.
15. During his questioning, respondent said that he wanted to conduct "a
little experiment" to help him "understand" the officer's "point of view" and that what he had "asked [his] security" to do was "kind of unprecedented" and that he
had "security check it out."
16. Respondent then said he had a personally licensed firearm that he was
going to place in a "Five Below" bag.' Respondent explained that he wanted the witness to describe how he could tell that there was a firearm in the bag by providing testimony about "what it is about the bag and [the] firearm in the bag
that gives off a distinction of it being a firearm."](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:f4kb6g3gvmmvnei5o3dausmf/bafkreidws2bbyuzen5inpgvxyve24bnumg32ggpbm5wvhrjrbb5kji7pqa)
![19. Throughout the colloquy between respondent and the witness, respondent repeatedly and untruthfully represented that there was a gun in the bag, inter alia, by saying he had put one in there, which he knew to be untrue, or
specifically making references to the gun being in the bag, which he also knew to be untrue. The witness repeatedly declined to say he could see a gun in the bag. At one point, in response to one of respondent's references to the bag containing a gun, the witness testified that he saw an L-shaped object in the bag, and that he could tell that the L-shaped object had "a predicament [sic] of a firearm," but he
would have to conduct a frisk to confirm that. The witness also stated that both the object and the contours of the bag as displayed by respondent in court were different than the ones during the street encounter at issue.
20. At the conclusion of his questioning, respondent revealed that he had put a stapler, not his gun, in the bag, and he told the witness, "I guess you what you identified is an L-shaped object, which is a Swingline Stapler."](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:f4kb6g3gvmmvnei5o3dausmf/bafkreibewv6zeyh2la5ixw5xmdmo4t37cffyio4p3w2ifjdubjyraahjgu)
