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candy 
Member 
Member # 311 

Member Rated:
   posted 05-27-2003 04:37 AM                          
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*When the ST depo was forced open by the court, I mentioned the testimony of Sargeant Larry Mason in the Arndt trial on this subject. I was very surprised that no one seemed to have heard about what he said. This was not in the paper; I heard about his testimony by people who attended the trial. 

Sargeant Larry Mason was falsely accused of leaks and subject to an internal affairs Investigation by the Boulder Police Department, after which he was cleared. He was taken off the JonBenet Ramsey case after he was falsely accused of leaking, and never allowed back on the case. This is his sworn testimony from the Linda Arndt trial. It is very relevant what he has to say, as you will see:


LARRY MASON - DIRECT (JONES) 

8

1 THE CLERK: Please state your full name for the
2 record, spelling your last name.
3 THE WITNESS: Larry Mason, M-A-S-O-N.
4 MR. JONES: May I proceed, Your Honor?
5 THE COURT: You may.
6 MR. HALABY: Your Honor, for the record, based on
7 the plaintiff’s prior proffer of the proposed testimony of
8 this witness, we’d reiterate our -- our objections
9 previously voiced.
10 THE COURT: Well, let’s get started and at the
11 appropriate time lodge an objection, and I’ll see you at
12 side-bar at that time.
13 MR. HALABY: Thank you.
14 DIRECT EXAMINATION
15 BY MR. JONES:
16 Q Sergeant Mason, would you please tell the jury your
17 current position in the Boulder Police Department.
18 A I’m a sergeant with the Boulder Police Department,
19 currently assigned to patrol division, one of the
20 supervisors on Watch I or day watch.
21 Q And Watch I is -- that’s day watch?
22 A Correct.
23 Q Sergeant Mason, how long have you been in law
24 enforcement?
25 A I’ve been a police officer for 28 years now.

LARRY MASON - DIRECT (JONES) 

9

1 Q And how long have you been with the City of Boulder?
2 A I’ve been with the City of Boulder 21 years, and I was
3 with the Boulder County Sheriff’s Department for six years.
4 Q Are you approaching retirement stage of your career
5 with the City of Boulder?
6 A Yes, I am.
7 Q About how -- how long off is that?
8 A Three years, three to four years.
9 Q What was your position with the City of Boulder in
10 December of 1996?
11 A I was a detective sergeant responsible for crimes
12 against property and crimes against persons.
13 Q What was your position in December of 1996 with respect
14 to plaintiff, Linda Arndt?
15 A I was her immediate supervisor.
16 Q Now, you referred to your role in 1996. I think it
17 might be helpful if we talked about the structure of the
18 Boulder Police Department. Who was the chief in December of
19 1996?
20 A The chief at that time was Tom Koby.
21 Q And between you and Chief Koby and the hierarchy, could
22 you tell us who -- who fills that gap -- who filled that gap
23 in December of 1996?
24 A There was a commander for each of the watches and a
25 commander for the detective division.

LARRY MASON - DIRECT (JONES) 

10

1 Q And who---
2 A And then there was sergeants.
3 Q And who would have been immediately above you?
4 A My immediate supervisor was Commander John Eller.
5 Q And did he report directly to Chief Koby?
6 A Yes, he did.
7 Q What was current-Chief Beckner’s position in December
8 of 1996?
9 A I believe Chief Beckner’s position at that time was a
10 commander on swing shift -- or second watch which is the
11 afternoon watch.
12 Q And what was current-Commander Wickman’s position at
13 that point? Do you recall?
14 A He was a sergeant and he had just come back into the
15 bureau after being promoted and doing a year on patrol.
16 Q And “the bureau” refers to the detective bureau?
17 A Detective bureau, yes.
18 Q And to identify a few other of the players here,
19 Detectives Trujillo, Harmer and Thomas, were they all in the
20 bureau at that time?
21 A Yes, they were.
22 Q And eventually became part of the Ramsey investigative
23 team?
24 A Yes, they were.
25 Q Okay. What was Sergeant Whitson’s position at that

LARRY MASON - DIRECT (JONES) 

11 

1 point?
2 A Sergeant Whitson was a narcotics -- he was in charge of
3 the narcotics division within the detective division.
4 Q And how about -- is -- was it Sergeant Reichenbach?
5 Was he a sergeant at the time or a detective?
6 A He was a sergeant but I believe Sergeant Reichenbach
7 was a third watch sergeant which is a graveyard sergeant at
8 the -- at the time.
9 Q Are sergeants higher ranking than detectives?
10 A Yes.
11 Q And there was a reference -- for the jury, sort of a
12 reference to the Boulder Police Department being a
13 paramilitary organization. Do you understand what
14 “paramilitary” is?
15 A Yes, I do.
16 Q Was it a - - was it a paramilitary organization in 1996?
17 A We were moving away from that paramilitary organization
18 or structure to more of a civilian-type structure.
19 Q And what does that mean?
20 A Instead of having the normal rank and file of “police
21 officer, detective, sergeant, lieutenant, captain, chief,”
22 Tom Koby at that time downsized the department, eliminating
23 the captains’ positions and the lieutenants’ positions; and
24 he made most of his executive staff upper management, I
25 guess is how they were referred to; and then, through their

LARRY MASON - DIRECT (JONES) 

12

1 decision, the rank of “commander” gets reestablished back
2 into the department.
3 Q Was it nonetheless important to follow a chain of
4 command within this department?
5 A Yes, it was.
6 Q What was your initial role in the JonBenet
7 investigation? And let’s start before it was known to be a
8 murder.
9 A My initial role at that time -- Commander John Eller
10 had taken vacation for two weeks; and in that two-week
11 vacation time, John had placed me in charge of the detective
12 division as an acting commander, and I was also responsible
13 for crimes against persons.
14 Q And that was as of December 26th of ‘96?
15 A Correct.
16 Q What was your direct involvement initially in the -- in
17 the case, if you could describe that for the jury?
18 A The 26th I had taken a vacation day immediately after
19 Christmas, of course; and about nine o’clock in the morning,
20 nine, nine-thirty, something like that, I got a page that
21 said the FBI agent is trying to contact you but can’t reach
22 you through the number, and I didn’t know what that meant
23 ‘cause I was sitting at home. So I called communications,
24 Boulder communications dispatch center, and asked what this
25 page was about; and at that time I was told that we had a

LARRY MASON - DIRECT (JONES) 

13

1 reported kidnapping within the City of Boulder.
2 Q You recall about what time this was?
3 A I’m -- I’m thinking nine, nine-thirty I got the page.
4 Q And do you recall when you got to the department?
5 A I got into the police department around ten,
6 ten-thirty, something like that.
7 Q And was the case still thought to be a kidnapping at
8 that point?
9 A Yes, it was.
10 Q I’m going to skip a little bit on you, Sergeant Mason,
11 before we talk more about the investigation; and I want you
12 to tell the jury a little bit about your training as a law
13 enforcement officer and particularly as it relates to
14 homicides.
15 A I haven’t completed my formal education, but I’ve
16 attended several nationally recognized and - - and one
17 internationally recognized school or schools. I’ve attended
18 a 12-week course for police staffing command which deals
19 with supervising people, building departments from the
20 ground up, just pretty much anything that a command staff
21 officer would have to do.
22 I’ve also attended the Southwestern University
23 two-week course on homicide investigations. I attended a
24 class down in Jacksonville, Florida, for two weeks for major
25 case review and management. And then in June of ‘96, I

LARRY MASON - DIRECT (JONES) 

14

1 attended the FBI Academy, the national FBI Academy, which is
2 a 12-week course. Through that course, I took -- one of the
3 courses there was homicide investigations or suspicious
4 death investigations, however you want to refer to it.
5 Q And that was prior to the events of December of 1996?
6 Did you say that was in June?
7 A Yes.
8 Q Had you also investigated homicides prior to December
9 of 1996?
10 A Yes.
11 Q Can you give us - - give the jury a flavor of how much
12 experience you had as a homicide investigator?
13 A When I was moving through the ranks, we had a -- we had
14 a homicide in Boulder about 1986 that I worked extensively
15 on as a backup detective or as a secondary detective. We
16 worked that for probably five or six months.
17 And then when I went back into the bureau, working
18 initially as a property -- a crimes-against-property
19 sergeant, I would also respond to any of the homicides that
20 were there, and I would work as a backup supervisor with
21 then-Sergeant Joe Pelle. And then when Sergeant Pelle was
22 promoted to commander, I took over his position; and there
23 we investigated, I think, four separate homicides where we
24 were able to arrest and convict three of the four.
25 Q As a result of your role as Ms. Arndt’s supervisor,

LARRY MASON - DIRECT (JONES) 

15

1 were you familiar with her experience as a homicide
2 investigator?
3 A Yes, I was.
4 Q Would you please tell the jury about that experience.
5 A I always found Linda to be very competent, very
6 dedicated, very focused, someone that -- that you could
7 trust on -- trust and someone that was willing to -- to get
8 the job done and put in the extra long hours and -- and stay
9 with it.
10 Q As compared to some of the other officers in the
11 detective bureau, how would you and Ms. Arndt compare as far
12 as experience in investigating homicides as of December of
13 1996?
14 A I would say that -- that Linda and I probably had some
15 of the most experience within the bureau at that time.
16 Q Now, when it became known that the JonBenet case was
17 indeed a homicide rather than a kidnapping, did you have a
18 role, then, in the investigation?
19 A Yes, I did.
20 Q Did that role take you to Georgia as part of the
21 investigation?
22 A Yes, it did.
23 Q I want to talk to you about that trip to Georgia and
24 the events that resulted from that.
25 MR. HALABY: At this time, Your Honor, I’d

LARRY MASON - DIRECT (JONES) 

16

1 interject an objection as to the relevance of the claim
2 being at issue here.
3 THE COURT: And what is the relevance, counsel?
4 MR. JONES: This leads directly to his internal
5 affairs investigation with respect to alleged leaks to the
6 media.
7 THE COURT: Any other comment?
8 MR. HALABY: Yes, and that’s -- that’s the grounds
9 I indicated before. Any personnel matters dealing with him,
10 we submit, are irrelevant to the issue --
11 THE COURT: Overruled.
12 MR. HALABY: -- as to Ms. Arndt’s First Amendment
13 rights.
14 THE COURT: As concerning? I can’t hear you.
15 MR. HALABY: -- as concerning Ms. Arndt’s First
16 Amendment rights. The internal investigation had nothing to
17 do with that.
18 THE COURT: I’m going to give counsel some
19 latitude at this time, counsel. Overruled.
20 A JuROR: Excuse me. We also can’t hear.
21 THE COURT: All right. And keep close to that
22 microphone, counsel.
23 If we need to turn up the volume, ladies and
24 gentlemen, let us know.
25 A JUROR: We can hear him; we can’t hear the

LARRY MASON - DIRECT (JONES) 

17

1 defense.
2 THE COURT: Okay.
3 MR. HALABY: Well, perhaps I should speak in the
4 microphone from now on if that’s right.
5 THE COURT: Or you can just --
6 MR. HALABY: I don’t -- I don’t know if I have the
7 voice but I’ll try.
8 THE COURT: All right.
9 MR. JONES: May I proceed, Your Honor?
10 THE COURT: You may.
11 BY MR. JONES:
12 Q Sergeant Mason, generally speaking, what were you doing
13 in Georgia -- and let me back up. When was it that you went
14 to Georgia?
15 A I believe we went down to -- I believe we flew out to
16 Georgia on the 2nd of January of ‘97.
17 Q So just a few days after JonBenet’s body was found?
18 A Correct.
19 Q And generally speaking, what were you doing in Georgia?
20 A We went to Georgia to basically just do background
21 investigations. We got some information that there had been
22 a major fight in the house between Mr. Ramsey and one of the
23 other people that were there. I don’t remember --
24 Q Does “Mr. White” ring a bell?
25 A “White,” that’s who it was, Mr. White, and we had heard

LARRY MASON - DIRECT (JONES) 

18

1 that there was problems there in the house, and we wanted to
2 find out what was going on. So we flew down to -- to
3 Georgia to -- to check with the neighbors, ask the
4 neighbors, try to talk with the family one on one, you know,
5 just do basic follow-up and background investigations on
6 everyone that we could.
7 Q All right, Sergeant. I don’t want to delve into the
8 specifics of -- of that investigation. I do want to ask you
9 who accompanied you to Georgia.
10 A It was Detective Steve Thomas, Detective Tom Trujillo,
11 Detective Jane Harmer and Detective Ron Gosage and myself.
12 Q All of those folks were members of the investigative
13 team at that point?
14 A Yes, they were.
15 Q And while you were in Georgia, did you have any
16 contacts with the news media?
17 A I’m sorry. I didn’t hear your question.
18 Q Okay. That’s fine. I’ll -- I’ll restate it. And do
19 you need some water?
20 A I’ve got some. Thank you.
21 Q Okay. While you were in Georgia, did you have any
22 contacts with the news media?
23 A Yes, we did.
24 Q Again, without going into great detail, can you give
25 the jury a flavor of -- of those contacts?

LARRY MASON - DIRECT (JONES) 

19

1 A Much of the contacts that we had with the jury (sic)
2 were structured press releases. However --
3 Q Sergeant, I think you said “the jury.” Did you mean
4 “the media?”
5 A Yes.
6 Q All right.
7 A Excuse me.
8 Q That’s -- that’s fine. That’s fine.
9 A -- were structured. However, there were two reporters
10 that were there that were from the Boulder area that I had
11 worked with previously that I had a good working
12 relationship with. One was Phil Lebeau who was with the
13 Channel 4 News station and then Ali Krupski who was with the
14 Boulder Daily Camera.
15 Q At any point in your contacts with those two reporters,
16 did you talk about details of the investigation?
17 A No.
18 Q What was your understanding about -- well, let me --
19 let me back up. Had you had any conversations with
20 Commander Eller before going to Georgia about dealings with
21 the media?
22 A John had reminded me that all releases should be
23 conducted through him, then-Chief Tom Koby and Leslie Aaholm
24 and to be very cautious with the media and not to get
25 trapped.

LARRY MASON - DIRECT (JONES) 

20

1 Q Not to get trapped? Sergeant Mason, in your prior
2 experience, had you had any dealings with the media?
3 A Quite a bit.
4 Q Were you aware of what the policy was of the department
5 concerning media contacts prior to Ramsey?
6 A Yes, I did.
7 Q Let me show you a blowup, but I would first ask that
8 the witness look at Exhibit 38.
9 (The plaintiff’s exhibit notebook was placed
10 before the witness by the clerk.)
11 THE COURT: Do we have exhibit notebooks for the
12 jury?
13 MR. JONES: Your Honor, we don’t have any
14 stipulations. So nothing has been admitted. We do have the
15 notebooks that will allow us to give the jury the exhibits
16 as the exhibits are admitted.
17 THE COURT: Did the parties attempt to get a
18 stipulation on the exhibits?
19 MR. JONES: Your Honor, each and every one of our
20 exhibits were objected to.
21 MR. HALABY: I -- I think that’s -- that has been
22 stipulated to.
23 THE COURT: Well, how many exhibits have been
24 stipulated to?
25 MR. JONES: None.


LARRY MASON - DIRECT (JONES) 

21 

1 MR. HALABY: That one clearly has been stipulated
2 to.
3 THE COURT: How many do you have that you propose
4 to offer?
5 MR. JONES: Your Honor, we have, I think, 98
6 exhibits; and I’m sorry but they objected to each and every
7 one of them.
8 THE COURT: Well, let me make it abundantly clear
9 to both sides I will lose my patience quickly if I have to
10 listen to foundation being laid for 98 exhibits and probably
11 a like number from opposing counsel.
12 Now, this matter, gentlemen, needs to be resolved
13 at the noon hour. And if you have some legitimate concerns
14 about some of those exhibits, all well and good; of course
15 I’ll hear you on the foundation. But in other respects, I
16 expect you to take care of this matter without further
17 involvement of me except to accept a number of stipulated
18 exhibits.
19 All right, counsel.
20 BY MR. JONES:
21 Q What is Exhibit 38, Mr. -- or Sergeant Mason?
22 A It’s part of the Boulder Police Department’s rules --
23 Q And--24 A -- that we had in place.
25 Q And which rule in particular?

LARRY MASON - DIRECT (JONES) 

22

1 A Well, I just have the entire face sheet of all rules, 1
2 toll.
3 Q And does Rule 11 address security of police
4 information?
5 A Yes, it does.
6 MR. JONES: May I approach, Your Honor?
7 THE COURT: You may.
8 BY MR. JONES:
9 Q Can you identify this as a blowup of Exhibit 38 and
10 particularly a portion of Rule 11?
11 A Yes, it is.
12 Q All right.
13 MR. JONES: Might I display this to the jury, Your
14 Honor? And we will get those jury notebooks straightened
15 out.
16 THE COURT: In fact, has this been stipulated?
17 MR. JONES: Counsel just indicated, yes, it has.
18 THE COURT: And you’re now offering this one page
19 or the entire exhibit?
20 MR. JONES: I would like to offer the entire
21 exhibit, particularly if it’s now been stipulated to.
22 THE COURT: Exhibit number again is?
23 MR. JONES: Thirty-eight.
24 MR. HALABY: We have no objection to Exhibit 38,
25 Your Honor.

LARRY MASON - DIRECT (JONES) 

23 

1 THE COURT: Thirty-eight is received and may be
2 published.
3 (Plaintiff’s Exhibit 38 was received in evidence.
4 MR. JONES: Your Honor, we have the -- the
5 notebooks and we can provide 38. I think the most efficient
6 way, though, would be for me to continue with my examination
7 while we get that organized.
8 THE COURT: What we’re going to try to do, ladies
9 and gentlemen, is get each of you a notebook. I have been
10 provided, for example, with these notebooks up here, one set
11 for the plaintiff and one set from the defendant; and why I
12 want the stipulated exhibits is that means a lot of them can
13 be put in the notebooks and you don’t have to put them in
14 yourselves. So we’re going to work on this during the lunch
15 hour, and I trust that the lawyers will make some progress
16 during that period of time.
17 All right, counsel. Go ahead.
18 MR. HALABY: Your Honor, I think there’s some
19 confusion. In looking at the exhibits provided to us by the
20 plaintiffs, we look at Exhibit 38 and -- and I don’t see in
21 there this Rule 11 he’s now discussing. Exhibit 38 is the
22 “Boulder Police Department General Order 54-1, Public
23 Information & Media Relations” with regards to - -
24 THE COURT: Keep your voice up now, counsel.
25 MR. HALABY: We have two different exhibits here,

LARRY MASON - DIRECT (JONES) 

24 

1 Your Honor.
2 MR. JONES: No. It just continues. Apparently
3 the first page is --
4 MR. HALABY: Well, Your Honor, we have -- we have
S an exhibit marked Exhibit 38 that starts with “General Order
6 54-1.” I’m now being shown the one the court clerk has that
7 has the same exhibit number, 38, but it’s on a page that we
8 don’t have in our compilation provided to us by plaintiff.
9 MR. JONES: Here, counsel. That’s it. Sorry for
10 the mistake.
11 MR. HALABY: That’s the reason for the confusion,
12 Your Honor.
13 THE COURT: All right. Now, any objection to the
14 correct Exhibit 38?
15 (There was an off-the-record discussion by
16 Mr. Halaby and Chief Koby.)
17 MR. HALABY: Now having the complete exhibit, we
18 have no objection, Your Honor.
19 THE COURT: All right. It’s received.
20 (Plaintiff’s Exhibit 38 was again received in
21 evidence.)
22 THE COURT: Go ahead, counsel.
23 BY MR. JONES:
24 Q Does Exhibit 38, and particularly Rule 11, reflect what
25 was generally in place with respect to security of police

LARRY MASON - DIRECT (JONES) 

25

1 information as of December 1996?
2 A Yes, it is.
3 Q And with respect to ongoing investigations and Rule
4 11(b), what was the policy at that point of the department
5 about communications with the media? If you could just
6 refer to the language of Rule 11(b), Sergeant Mason.
7 A Rule 11(b) states: “Communicate any information which
8 may jeopardize an investigation, arrest, police action or
9 prosecution or which may aid a person to escape, destroy or
10 remove evidence; or”...
11 Q And is this the rule that you had functioned under
12 prior to the JonBenet Ramsey murder investigation?
13 A This rule, yes.
14 Q Now, once the JonBenet Ramsey murder investigation
15 began, I think you said that Sergeant -- or Commander Eller
16 had told you what the policy was going to be for that case,
17 correct?
18 A Correct.
19 Q Was it broader than this rule?
20 A No. It was stricter.
21 Q Okay. Excuse me. What do you mean by “stricter?”
22 A What I recall John telling me was that the only people
23 that were authorized to release any information would be
24 himself, then-Chief Tom Koby and Leslie Aaholm, and all
25 communications from the police department would be cleared

LARRY MASON - DIRECT (JONES) 

26

1 first through him.
2 Q And in light of that, did you -- did you release any
3 information to the reporters that you talked to in Georgia?
4 A No.
5 Q Upon your return from Georgia -- well, tell us, when --
6 when did you come back from Georgia?
7 A We returned to Denver, to the DIA, on January the 5th
8 of 1997.
9 Q Who met you at DIA?
10 A There at DIA to meet us was the Denver Police
11 Department. They took us off the -- the airport, along with
12 John Eller and Sergeant Tom Wickman.
13 Q And tell us about your -- your interrelations with
14 Commander Eller at DIA.
15 MR. HALABY: I’m going to object again on the
16 basis of relevancy.
17 THE COURT: Overruled. You may answer the
18 question, sir.
19 THE WITNESS: Thank you, sir.
20 A Prior to flying into DIA, I had talked - - I had spoken
21 to John on the phone several times during the day. He had
22 told me that he wanted to debrief everything that had been
23 going on down in Roswell and that we were going to do that
24 as soon as we got back. We were due back in about eleven
25 o’clock if I recall.

LARRY MASON - DIRECT (JONES) 

27

1 Q Did he follow up on that when you arrived at DIA?
2 A Yes. He said that we would be going from there to the
3 police department to where we would debrief the
4 investigation and - - and everything that had been done down
5 there.
6 Q And what time did you arrive back at the department?
7 A I’m guessing it was probably 11:30 at night, quarter to
8 twelve, something like that. It seemed like -- I don’t
9 remember the specific time when we got back into the police
10 department, but it was very late at night.
11 Q What happened when you arrived at the department?
12 A I went into - - into my office at the time, and I
13 started checking my voice mail to see how many messages were
14 there, and there were too numerous to even try to get
15 through that night. While I was there going through the --
16 through my voice mail, John Eller came into the office and
17 said, “Come with me.”
18 And I asked him, I said, “Are we going to -- are
19 we going to debrief this now?”
20 And he goes, “No, we’re going somewhere else.”
21 And I said, “Where are we going?”
22 And he said, “We’re going up to the chief’s
23 office.”
24 And I asked him, “What’s going on?”
25 And he said, “You’ll see when we get there.”

LARRY MASON - DIRECT (JONES) 

28

1 Q Did you go to the chief’s office?
2 A Yes, we did.
3 Q Who -- who else was present?
4 A When I first walked in, John escorted me or I followed
5 him pretty much. Sergeant Tom Wickman was in there.
6 Sergeant Robert Thomas who was then the internal affairs
7 investigator was there. Then Tom Koby -- Chief Tom Koby was
8 in his office which is adjacent to the conference room where
9 we -- where we met, and I was told that a union rep. from
10 the BBPA was coming, and then just a few minutes later Greg
11 Perry showed up who was our -- our union president at the
12 time.
13 Q Were you told why a union rep. was showing up?
14 A I asked several times what was going on, and I was told
15 by Eller that as soon as Greg got there he would let me know
16 what’s going on or he would tell me what was going on.
17 Q Did there come a time where it was revealed to you what
18 was going on?
19 A Yes. As soon as the union president, Greg Perry,
20 arrived, John Eller sat down and he made the accusations
21 that I had released unauthorized information to the news
22 media; that I had, in fact, released unauthorized
23 information to the news media which jeopardized not only the
24 investigation but also hurt the relationships between the
25 other agencies that had been working with us.

LARRY MASON - DIRECT (JONES) 

29

1 Q Were you ever told how this information that you had
2 supposedly released jeopardized the investigation?
3 A No.
4 MR. HALABY: Your Honor, just so my - - the record
5 is clear, can my continuing objection as to this line of
6 questioning --
7 THE COURT: Yes, sir.
8 MR. HALABY: -- be noted? Thank you.
9 BY MR. JONES:
10 Q And what were you told was going to be done, Sergeant
11 Mason, in light of what Commander Eller told you?
12 A Because of the -- the accusations that John Eller made
13 against me that evening, Chief Koby came out, advised me
14 that I was then being suspended, being placed on
15 administrative leave until further notice. Then I was -- I
16 had to surrender my - - my weapon, my commission card and my
17 badge.
18 Q Did they take your car keys, too?
19 A They -- yes. I had to call my son to come and get me
20 that night.
21 Q Did you ever return to the Ramsey case?
22 A No. I was told that night to stay away from the case;
23 that I was not to have anything to do with the case; that I
24 was not to talk to any of the investigators; that I was to
25 have nothing to do with it; that I was to stay totally away

LARRY MASON - DIRECT (JONES) 

30

1 from it.
2 Q Did you believe your job to be at risk?
3 A Absolutely. I knew it was.
4 Q Were you subjected to an internal affairs
5 investigation?
6 A Yes, I was.
7 Q I’d ask you to look at Exhibit 40.
8 A (The witness complied.) Yes.
9 Q Please tell the jury what Exhibit 40 is.
10 A This was a press release which was put out on January
11 the 7th, 19- -- it says ‘96.
12 Q You believe that to be a typo?
13 A I believe it is, yes. It should be ‘97.
14 Q Your recollection is the announcement about the - - your
15 situation was January 7 of 1997?
16 A January the 5th. This -- this press release is dated
17 January the 7th, ‘90 -- it should be 1997.
18 Q Two days afterwards?
19 A Two days after.
20 Q And what was the City of Boulder saying about your
21 situation and particularly in Paragraph 1, Sergeant Mason?
22 A It says: “Boulder Police Chief” --
23 MR. HALABY: Excuse me. Excuse me, Your Honor.
24 I’d object to any reading from the document unless and until
25 it’s admitted.

LARRY MASON - DIRECT (JONES) 

31 

1 MR. JONES: We’ll offer it, Your Honor.
2 MR. HALABY: And we’d object as to -- on the
3 grounds of relevancy.
4 THE COURT: Overruled.
5 (Plaintiff’s Exhibit 40 was received in evidence.)
6 BY MR. JONES:
7 Q Would you please read the jury Exhib- -- Paragraph 1.
8 A “Statement from the City of Boulder Media Relations
9 Office: Boulder Police Chief Tom Koby has removed Detective
10 Sergeant Larry Mason from the Ramsey homicide investigation
11 effective Sunday, January the 5th. In doing so, the police
12 chief explained that when this investigation began the
13 mission would be -- would be a very focused one: Finding
14 out who is responsible and securing a conviction.”
15 Q And does it go on to say that -- well, what does it say
16 about being distracted?
17 A It says: “All other issues, including intense media
18 scrutiny, will not be allowed to deter the Boulder Police
19 Department from its singular focus. The chief has made it
20 clear that anyone distracted from this focus will be
21 reassigned.”
22 Q Were you distracted from the focus on the
23 investigation?
24 A No, I was not.
25 Q Who conducted the internal affairs investigation of

LARRY MASON - DIRECT (JONES) 

32

1 you?
2 A Then it was Commander Mark Beckner, but now it’s Chief
3 Beckner and Sergeant Robert Thomas, I should say.
4 Q And, Sergeant Mason, was the fact that you were under
5 an internal affairs investigation reported in the media?
6 A Yes, it was.
7 Q I’d ask you to look at Exhibit 68.
8 A (The witness complied.)
9 Q Can you describe Exhibit 68 as a -- as an article from
10 the Longmont Daily Times-Call?
11 A Yes. That’s what it is.
12 Q Janu- - - dated January 10 of 1997?
13 A Yes.
14 Q I want to refer you down to about the seventh paragraph
15 that starts “Though the forum.” Do you see that?
16 A Yes.
17 Q Is there a reference to you having been removed from
18 the case?
19 MR. HALABY: I object again, Your Honor.
20 THE COURT: Are you going to offer this exhibit,
21 counsel?
22 MR. JONES: Yes, Your Honor.
23 MR. HALABY: We’d -- we’d object on no proper
24 foundation and relevancy.
25 THE COURT: Well, what is this thing?

LARRY MASON - DIRECT (JONES) 

33 

1 MR. JONES: Oh, I’m sorry, Your Honor. This is a
2 newspaper article from the Longmont Daily Times-Call. It’s
3 printed off the Internet so that it is in this form.
4 THE COURT: What do we care about what the
5 Longmont Daily Times has to say about anything?
6 MR. JONES: It goes to the fact that his IA
7 investigation was widely publicized, Your Honor.
8 THE COURT: Objection sustained.
9 BY MR. JONES:
10 Q Were - - were there accusati- - - or were there
11 descriptions of your IA investigation publicized, Sergeant
12 Mason?
13 A Yes, they were.
14 Q And what were -- what were you accused of having done?
15 A I had been accused of leaking information to the media
16 which was critical to the homicide investigation of the --
17 the Ramsey - -
18 Q Were the reports at that time leaking information about
19 the IA?
20 A I don’t understand your question. I’m sorry.
21 Q Were there reports, media reports, that leaked
22 information about the ongoing IA investigation?
23 A Yes, there was.
24 Q And does this article refer to some of those leaks?
25 MR. HALABY: Objection, Your Honor. The Court has

LARRY MASON - DIRECT (JONES) 

34

1 already ruled.
2 THE COURT: Sustained.
3 BY MR. JONES:
4 Q Can you identify for us whether there were such leaks
5 in the media?
6 A There were widespread leaks throughout reference the
7 homicide investigation, reference my - - my in- - - my IA
8 investigation; and I was getting calls from friends in
9 London, Ontario, to family members in California and Oregon.
10 Q What was the ultimate result of your internal affairs
11 investigation, Sergeant Mason?
12 A I was cleared of all wrongdoing.
13 Q And during the course of the IA investigation, were you
14 able to determine why it was that you had been accused in
15 the first place? In other words, who had reported that you
16 might have leaked information to the media?
17 A It came out through the investigation that
18 then-Detective Steve Thomas was calling - -
19 MR. HALABY: Excuse me, Your Honor. This is all
20 hearsay.
21 THE COURT: Sustained.
22 BY MR. JONES:
23 Q Was this part of the results of the formal
24 investigation?
25 A Yes, it was.

LARRY MASON - DIRECT (JONES) 

35

1 Q Is it contained in the official IA file?
2 A Yes, it is.
3 Q Let me refer you to Exhibit 96.
4 (The same was handed to the witness.)
5 MR. HALABY: Your Honor, we have not been provided
6 a copy of that exhibit.
7 THE COURT: Was it identified?
8 MR. JONES: Yes, Your Honor.
9 MR. HALABY: It was identified but we never
10 received a copy of it.
11 THE COURT: Well, if it was identified, it’s
12 within -- the original of this document is within your
13 client’s direct control. So what?
14 MR. JONES: They produced it to us.
15 MR. HALABY: Your Honor, it -- it’s identified
16 in -- in whole but not as to the particular documents they
17 were going to seek as an exhibit here. That was never
18 specified.
19 THE COURT: What particular page are you going to
20 reference now, counsel, in this very, very lengthy report,
21 and why should I receive it at all?
22 MR. JONES: I’m sorry?
23 THE COURT: Why should I receive this whole
24 report? How does this aid the jury as fact-finders?
25 MR. JONES: Your Honor, I was trying to lay the

LARRY MASON - DIRECT (JONES) 

36

1 foundation so he could testify about the accusations against
2 him. It was objected to as hearsay, but it comes right out
3 of their business record. So I wasn’t planning to admit it
4 all. I had it Ear this exact purpose.
5 THE COURT: Can you paint to a particular page?
6 MR. JONES: I could if I could look at his -- his
7 copy.
8 THE COURT: Yes, sir.
9 THE CLERK: It’s right here.
10 THE WITNESS: It’s right here.
11 MR. JONES: I’m sorry.
12 (The exhibit was examined by Mr. Jones.)
13 THE COURT: Once again, counsel, and really for
14 the last time, I’m going to remind both sets of lawyers that
15 it is your sole and exclusive responsibility to police the
16 courtroom and to make sure that your witnesses do not
17 inadvertently enter the courtroom.
18 If they’re here, the sanction may be that they’re
19 not going to be permitted to testify. So please avoid that
20 problem by being scrupulous about observing this
21 requirement.
22 Well, what did you find out? Is there a page
23 you’re referencing, counsel?
24 MR. JONES: It’s not -- the -- the internal
25 affairs investigation is not paginated, Your Honor. I

LARRY MASON - DIRECT (JONES) 

37

1 referred counsel to the particular page that I was referring
2 to and I was going to refer the witness to.
3 MR. HALABY: Well, Your Honor, if this is - - I
4 think this page -- if -- as the Court is aware, the --
5 Exhibit 96, as identified, is about a couple inches thick.
6 We’re now referring to just one page that’s unnumbered. So
7 that we have a clear record, it should be separately marked,
8 I suggest, and --
9 THE COURT: Mark it as 96-A, please.
10 (The clerk complied.)
11 THE COURT: Any objection to 96-A?
12 MR. HALABY: Yes. We would -- we would object as
13 being clearly irrelevant; and since the Court has no
14 reference, perhaps -- may I approach the bench with that
15 page?
16 THE COURT: Will the clerk please bring it to me?
17 (The clerk complied.)
18 THE COURT: I’ll see counsel at side-bar.
19 Would you step down, please, sir, for a moment.
20 THE WITNESS: Yes, sir.
21 (The witness left the stand.)
22 (SIDE-BAR CONFERENCE)
23 THE COURT: All right. Where are you going with
24 this? Exactly where on this is - -
25 MR. JONES: It’s -- it’s --

LARRY MASON - DIRECT (JONES) 

38 

1 THE COURT: -- the comment?
2 MR. JONES: Yes. So that basically where I’m
3 going with this is that one of the other detectives down
4 there is -- is reporting to Sergeant Eller -- or Commander
5 Eller behind Mason’s back, accusing him of leaking
6 information to -- to the press, and that resulted in -- in
7 him being charged in this way without any direct discussion
8 with him beforehand about whether he’d done it.
9 Again, all of this leads to -- to tie into her --
10 the plaintiff’s situation about the climate that existed
11 right from the start concerning the gag order, any
12 communications with the press, and we will tie it up by
13 showing that when you do this, you drive things underground.
14 MR. HALABY: Well, first of all, the obvious
15 attempt is just to put in a lot of evidence and smear the
16 department. That is wholly irrelevant to the specific claim
17 of her First Amendment right which is very clear and set
18 forth clearly in the complaint.
19 These are so collateral. They have no relevance
20 to this issue. The side show has taken over the circus when
21 we get this far afield in terms of a matter wholly unrelated
22 to Linda Arndt, you know, with a separate officer. The only
23 similarity is that it’s part of the same investigation.
24 THE COURT: The situation with this officer is
25 different. He was formally charged with speaking to agents

LARRY MASON - DIRECT (JONES) 

39

1 of the news media. Subsequently he was exonerated. How do
2 those facts mirror anything that happened to your client?
3 MR. JONES: Your Honor, in three -- three separate
4 ways: First, there is the fact that the gag order is
5 broader than what the rule was, and he gets charged right
6 off the bat for talking to the media; therefore sending the
7 message, “You better not say anything to the -- to the
8 media, better make no statements to the media or your job is
9 at risk.”
10 THE COURT: Have you got this - - have you got this
11 detective listed as a witness?
12 MR. JONES: Which detective?
13 THE COURT: I’m sorry. What’s the fellow’s name
14 that is making the statements?
15 MR. HALABY: Steve Thomas. He is not listed as a
16 witness.
17 MR. JONES: No.
18 THE COURT: Why isn’t he listed as a witness?
19 MR. JONES: Why isn’t he listed as a witness?
20 THE COURT: Sure.
21 MR. JONES: We just didn’t list him as a witness.
22 He’s never been --
23 THE COURT: He’s the best evidence, isn’t he, of
24 this stuff?
25 MR. JONES: Frankly, no. I don’t think he’s a

LARRY MASON - DIRECT (JONES) 

40

1 better witness that what went into the official internal
2 affairs file of the department.
3 THE COURT: Who authored this?
4 MR. JONES: I don’t know whether this is Doyle
5 Thomas or Commander Beckner. There’s some -- some of each
6 of them within the file.
7 THE COURT: Do you know who authored this?
8 MR. HALABY: No.
9 THE COURT: Why didn’t you determine who the
10 author was and call him or her?
11 MR. JONES: Because it’s -- it’s an official
12 business record. I don’t need to do that.
13 THE COURT: It’s -- it can meet, in general terms,
14 the business record exception; but don’t we have hearsay
15 within hearsay here? We have a lot of problems with this
16 document. How does this document aid the trier of the facts
17 in understanding something that’s relevant and pertinent to
18 the issues before them?
19 MR. JONES: It shows what the department’s own
20 investigation was revealing about an accusation right off
21 the bat that “you’re leaking information; you’re subject to
22 an IA; your job is put at risk.” And when the message goes
23 out that -- and we’ll tie all this together, Your Honor.
24 When the message goes out that “if you leak information or
25 if -- that if you are seen talking to the press, it drives

LARRY MASON - DIRECT (JONES)

41

1 the information underground and causes leaks.” That’s --
2 THE COURT: That’s argument. That’s not going to
3 come from this witness’ mouth or any witness.
4 MR. JONES: I -- it -- it comes right out of the
5 International Chief of Police procedure that says this is
6 exactly what will happen.
7 THE COURT: Hold on. We’ll hear from your expert
8 witness on that point.
9 MR. JONES: I wasn’t going to ask him that.
10 THE COURT: No other witness can draw that
11 inference. That is an inference to be drawn by the jury
12 based on the evidence here.
13 MR. JONES: I wasn’t going to ask him that.
14 THE COURT: Now, I am deeply suspect of that, and
15 you better tie him in. You can question him. I’m not
16 receiving this document. You can talk about it. The
17 hearsay objection went by the wayside; you have to admit
18 that. But your objection on relevance still has some --
19 still is of some concern to me.
20 I’m going to give you an abundance of room to move
21 here, but you better quickly demonstrate the relevance of
22 this document and the findings obtained in this report
23 against this officer with your client. I’m not going to let
24 this go on ad nauseam. The issues are separate and distinct
25 on the issues that bring us here.

LARRY MASON - DIRECT (JONES) 

42 

1 MR. HALABY: It - - I had the additional objection
2 under Rule 403. It’s so highly prejudicial. It’s a totally
3 separate thing. It’s just an attempt to smear the
4 department and to prejudice the jury as it relates to
5 Arndt’s claim which is separate and distinct from any
6 allegation in his claims.
7 THE COURT: The 403 analysis I make right now tips
8 the scales in favor of the plaintiff ever so slightly, and I
9 will allow him to do just what I said he can do. I cannot
10 receive this exhibit, but you can address this page with
11 this witness; and if you don’t quickly satisfy me as to
12 relevance, you know, there’s going to be some problems here.
13 All right.
14 MR. JONES: Thank you, Your Honor.
15 (The witness returned to the stand.)
16 (OPEN COURT)
17 THE COURT: All right, counsel. Objection is
18 overruled in part and sustained in part. You can address
19 that page with this witness. It will not be received.
20 BY MR. JONES:
21 Q Sergeant Mason, I place before you a reference from
22 your IA file. Is this what you were relying on with respect
23 to your testimony about how Detective - - or Commander Eller
24 was informed about your alleged leaks?
25 A Yes, it is.

LARRY MASON - DIRECT (JONES) 

43

1 Q And returning to my question, could you tell the jury
2 how the commander was informed about your alleged leaks, not
3 the specifics of what he was told but who --
4 A Right.
5 Q -- told him?
6 A Detective Steve Thomas was calling then-Commander John
7 Eller several times a day, making progress reports, I guess
8 you -- would be a polite way of saying it, to Commander
9 Eller for what we were doing in Atlanta, what we were
10 accomplishing; and then also he was reporting to Commander
11 Eller my activities or my behavior or what he saw me doing
12 and who he saw me talking to.
13 Q Now, with respect to the internal affairs
14 investigation, you were ultimately cleared of that?
15 A Yes, I was.
16 Q Did - - did the department publicly clear you of the
17 charges?
18 A No. I don’t ever recall anything coming out.
19 Q Did - - did there come a time where you threatened the
20 department with a lawsuit?
21 A Yes.
22 Q And--
23 MR. HALABY: Your Honor, you know, I fail to see
24 the relevance of all this. I fail to see the relevance of
25 this. It might be very interesting from a curiosity

LARRY MASON - DIRECT (JONES) 

44

1 standpoint, but I don’t see how it relates to Ms. Arndt’s
2 claims. It’s a totally separate matter.
3 THE COURT: Counsel?
4 MR. JONES: Your Honor, after that lawsuit was
5 threatened, he was finally formally cleared. That was how I
6 was going to relate it.
7 THE COURT: So what?
8 MR. JONES: As part of what he alleged, it was
9 identical to Ms. Arndt that he was not being publicly
10 defended by the department, and finally the department
11 stepped forward and did public defend him -- publicly defend
12 him.
13 THE COURT: I’ll give you some latitude, counsel,
14 but I’m going to advise the jury at this time that this
15 evidence does not go directly toward proving the plaintiff’s
16 claim against the defendants. This officer’s investigation
17 which led to his being exonerated and any public statement
18 by the department after he was exonerated may or may not
19 have any tie-in to the matters relating to Ms. Arndt.
20 But this, in and of itself, does nothing to prove
21 the plaintiff’s cause of action. I’m giving counsel some
22 latitude to tie this in with his client’s claims.
23 All right, counsel.
24 BY MR. JONES:
25 Q Sergeant Mason, did you feel that you were publicly

LARRY MASON - DIRECT (JONES) 

45

1 defended in the press by the department once you were
2 exonerated in your internal affairs investigation?
3 A I personally don’t recall anything coming out in the
4 papers saying that I was cleared of any wrongdoing until
5 after we had reached a settlement through my lawsuit, and
6 then I believe there was a short article in the paper; but I
7 don’t recall anything very specific, if there was anything.
8 Q And at that point, did the department finally clear you
9 of the charges publicly?
10 A I believe they did.
11 Q Sergeant Mason, what was the lesson you learned from
12 this IA investigation as it related to speaking to the
13 press?
14 MR. HALABY: Objection. What his view of that is,
15 his lesson, is irrelevant.
16 THE COURT: Sustained.
17 BY MR. JONES:
18 Q Sergeant Mason, had you had dealings with the press
19 before this investigation?
20 A Oh, yes, several times.
21 Q Did you--
22 A Numerous times.
23 Q -- have dealings with the press after the
24 investigation?
25 A No, absolutely none.

LARRY MASON - DIRECT (JONES) 

46

1 Q Did you have opportunity to speak to the press?
2 A From shortly after I returned to work till this
3 morning, and I just -- I don’t talk to the media.
4 Q And is that because of the IA investigation?
5 A Yes, it is.
6 Q Let me refer you to Exhibit 69.
7 (The clerk assisted the witness.)
8 A Okay.
9 Q Is Exhibit 69 another article from the Longmont Daily
10 Times, this time dated February 6th, 1997?
11 A Yes.
12 Q Does it make reference as to leaks from the department?
13 MR. HALABY: Excuse me, Your Honor. I’m going to
14 object to any reference to this document unless and until
15 it’s admitted; and we would certainly object to what appears
16 to be an Internet copy of -- of something that’s not
17 authored by this witness.
18 MR. JONES: Your Honor, that was a foundational
19 question. I’ll -- I’ll tie it in as to admissibility.
20 THE COURT: Tie it in to what? I mean, it’s --
21 he’s not the author of it. How does he lay a foundation for
22 the introduction of this exhibit that appears to be, on its
23 face, hearsay?
24 MR. JONES: Your Honor, the document in particular
25 refers again to leaks being made to the - -

LARRY MASON - DIRECT (JONES) 

47 

1 MR. HALABY: Well, I object.
2 MR. JONES: -- to the press.
3 MR. HALABY: I object to a speaking objection,
4 Your Honor.
5 THE COURT: It is a speaking objection.
6 I don’t care what reporter got information from
7 what source. This is not only not relevant; it’s not
8 competent. Objection sustained.
9 BY MR. JONES:
10 Q Sergeant Mason, was there concern about -- in the
11 department were there - - was there concern about officers
12 losing their jobs if they talked to the media?
13 MR. HALABY: Objection. There’s no -- first of
14 all, that subject matter is irrelevant to what Ms. Arndt is
15 claiming; and - - and, second, what his personal opinion is
16 in that regard is irrelevant.
17 THE COURT: Sustained on both grounds.
18 MR. JONES: Your Honor, I would like to make an
19 offer of proof on that issue.
20 THE COURT: I’ll give you an opportunity to do
21 that at a time that doesn’t intrude upon the jury’s time,
22 counsel.
23 MR. JONES: Thank you, Your Honor. I just wanted
24 to note it.
25 BY MR. JONES:

LARRY MASON - DIRECT (JONES) 

48 

1 Q Serg- - -- Sergeant Mason, let’s talk about your role
2 as the supervisor of Linda Arndt. What was her standing as
3 an officer, in your view, prior to the Ramsey investigation?
4 A Linda was a very good -- she is a very good patrol
5 officer and a very good detective, very competent, very
6 knowledgeable, just a very outstanding person or detective.
7 Q Did you -- did you watch what happened to her in the
8 department as the Ramsey investigation unfolded?
9 A Yes, I did.
10 Q Before we talk about that, can you give us some
11 examples of the types of awards and commendations that she
12 had received as a detective before she was involved in the
13 Ramsey investigation?
14 MR. HALABY: Objection as to hearsay.
15 THE COURT: Overruled.
16 A Well, without having her personnel file directly in
17 front of me, you know, she was given -- I know she was
18 “Detective of the Year,” I believe, one year. She had
19 several “Detective of the Month.” She was awarded -- she
20 was awarded a certificate or -- for her work in domestic
21 violence cases, I believe. I know she had several letters
22 of commendation in her working file at the time.
23 Q How did you rate her as her supervisor?
24 A I always rated Linda as -- as an outstanding or
25 above-standard employee.

LARRY MASON - DIRECT (JONES) 

49 

1 Q You say “above standard.” What does that mean?
2 A In the ratings, in our evaluation ratings, we have
3 “below standard, standard and above standard” on the scale;
4 and Linda was always rated as “above standard” for her
5 investigative skills, her interview interrogation skills,
6 collection of evidence, relations with the public, just --
7 there’s several categories there that -- that we have to go
8 through.
9 Q And Sergeant Mason, what did you observe happened to
10 her reputation as a result of the Ramsey case?
11 MR. HALABY: Objection as to relevance and as to
12 foundation.
13 THE COURT: Sustained on foundation.
14 BY MR. JONES:
15 Q Sergeant Mason, let me ask a couple of questions before
16 we talk about that issue. Did you observe criticisms of the
17 plaintiff, Linda Arndt, in the media after you were no
18 longer part of the Ramsey investigation?
19 A Yes.
20 Q And did you try to keep account of that in light of
21 your role as her supervisor or having been her supervisor, I
22 should say?
23 A Having been her supervisor? To be honest with you, I
24 knew that there was a lot of bashing going on or a lot of
25 bad press going on for Linda. However, at that time we were

LARRY MASON - DIRECT (JONES) 

50

1 still going through my IA. We were going through a lot of
2 things right then and there. So I -- I really wasn’t that
3 focused with what -- what was being said in the media, but I
4 would see Linda in the building or in the parking lots or
5 elsewhere.
6 Q And what did you observe of the effect on her?
7 MR. HALABY: Objection as to relevancy and
8 foundation as it relates to the specific claim in this case
9 and as to timing since the events to which she complains
10 arose in September/October of 1997.
11 MR. JONES: That’s -- may I respond, Your Honor?
12 THE COURT: Yes, sir.
13 MR. JONES: That’s -- that’s not an accurate
14 statement, but I will ask a clarifying question as to when
15 he observed her.
16 THE COURT: You need a lot more specificity here.
17 MR. JONES: All right.
18 BY MR. JONES:
19 Q And would you please tell the jury what time frame you
20 were observing Ms. Arndt that you just described?
21 A Well, I would always - - when I returned to work, I
22 would always see Linda coming and going a lot of times. I
23 would see her walking out to her car, walking out to go get
24 in the car, and I’d say that was from probably February on,
25 up until she resigned.

LARRY MASON - DIRECT (JONES) 

51

1 Q February of what year?
2 A ‘97.
3 Q And what did you observe of her during that time frame?
4 A Linda was -- appeared to be under a lot of pressure.
5 MR. HALABY: Excuse me, Your Honor. I’m going to
6 object on the basis of what the witness just said. He said
7 he only saw her coming and going to her car, and now he’s
8 being asked --
9 THE COURT: I understand what your objection is.
10 What is your response to that?
11 BY MR. JONES:
12 Q Is that all that you saw her, was just coming and going
13 to her car?
14 A I would see her within the building at times, going to
15 the -- to make copies. I mean, I would have some contact
16 with Linda. I mean, it wasn’t just a matter of always being
17 visual. I would speak to her every now and again.
18 Q And in light of that, what did you observe of her?
19 A I just kind of noticed that Linda was under a lot of
20 pressure; that she was really suffering a lot, a lot of
21 stress. She kind of had lost that spark.
22 MR. HALABY: Your Honor, again, there’s been no
23 foundation as - - as relates to this claim. I mean, there
24 are going to be many -- evidence of many others that were
25 suffering the same way, but it’s not relevant to the claims

LARRY MASON - DIRECT (JONES) 

52

1 she’s asserting in this case.
2 THE COURT: Your objection is late, counsel. I’ll
3 let the answer stand. Let’s move on to another subject
4 matter, counsel, because I don’t want to hear any more on
5 it.
6 MR. JONES: Thank you, Your Honor.
7 BY MR. JONES:
8 Q Sergeant Mason, was Detective Arndt also ultimately
9 taken off the Jon Ramsey Benet (sic) murder case?
10 A Yes, she was.
11 Q And do you know when that occurred?
12 A No, I don’t.
13 Q Was it within the year 1997?
14 A I believe it was.
15 Q And did you ever return to the JonBenet Ramsey murder
16 case?
17 A Never.
18 MR. JONES: Thank you.
19 THE COURT: We’re going to take a very quick
20 recess until half past the hour just for your comfort,
21 ladies and gentlemen. We’re going to come back and work
22 until 12:30. We’re going to try to make up for lost time
23 this afternoon. We’ll be in recess.
24 THE CLERK: All rise. Court is in recess. And if
25 the jury will please come with me.

LARRY MASON - CROSS (HALABY) 

53

1 (A recess was taken.)
2 THE CLERK: All rise.
3 (The Court entered the courtroom.)
4 THE CLERK: Court is in session.
5 THE COURT: Please be seated.
6 Cross-examination, Mr. Halaby.
7 MR. HALABY: Thank you, Your Honor.
8 THE COURT: Let me remind both counsel of your
9 twelve o’clock appointment for one of your colleagues,
10 somebody from each table.
11 All right. Go ahead.
12 MR. HALABY: Thank you, Your Honor.
13 CROSS - EXAMINATION
14 BY MR. HALABY:
15 Q Sergeant Mason, to be -- to be candid, there’s still
16 somewhat of a bitter taste in your mouth in terms of what
17 occurred to you. Is that right?
18 A Absolutely.
19 Q Okay. And you’re just being honest about that, right?
20 A Absolutely.
21 Q Now -- and you’re with the department 21 years. Is
22 that right?
23 A Correct.
24 Q And there is always a concern, is there not, in terms
25 of premature disclosure of facts emanating out of a criminal

LARRY MASON - CROSS (HALABY) 

54

1 investigation? In other words, criminal investigations are
2 supposed to be confidential, correct?
3 A Correct.
4 Q All right. And -- and you understand fully the reason
5 for that, don’t you --
6 A Yes.
7 Q -- based on your wide experience? And anything you’ve
8 testified today should not be taken to reflect that - - that
9 you feel evidence in an ongoing criminal investigation
10 should be disclosed to the media unless there’s a specific
11 purpose for doing that that furthers the investigation?
12 A I guess I’m not following your -- what you’re trying to
13 get at.
14 Q In other words, if - - because of the nature of that --
15 (Ms. Haskell’s beeper commenced playing “Take Me
16 Out to the Ball Game.”)
17 THE COURT: I’m a baseball fan, too, counsel,
18 but --
19 (Laughter)
20 MS. HASKELL: Your Honor, I apologize.
21 THE COURT: It’s not a home stand for the Rockies.
22 (Laughter)
23 THE COURT: All right, counsel.
24 MR. HALABY: I apologize, Your Honor.
25 BY MR. HALABY:

LARRY MASON - CROSS (HALABY) 

55

1 Q Criminal investigations are to be kept confidential;
2 that’s the bottom line?
3 A Absolutely.
4 Q In terms of the allegations that were made against you,
5 there was a formal procedure within the department to deal
6 with those allegations. Is that correct?
7 A Are you in reference to the IA investigation?
8 Q Yes.
9 A Yes.
10 Q All right. And that procedure was part of the
11 procedures of the Boulder Police Department before the
12 allegations were made against you, correct?
13 A Correct.
14 Q So there was always a process that if any officer of
15 the Boulder Police Department was accused of wrongdoing, you
16 had an internal affairs investigative process to determine
17 whether those allegations could be sustained, correct?
18 A Generally, yes.
19 Q And these allegations not only could come from within
20 the department, but they could come from outside the
21 department --
22 A That’s correct.
23 Q -- by citizens of Boulder saying, “This officer acted
24 improperly toward me?”
25 A Right.

LARRY MASON - CROSS (HALABY) 

56

1 Q And once a citizen made that kind of complaint, they
2 opened up an internal affairs investigation of it to
3 determine whether there was any validity to the complaint,
4 correct?
5 A It would depend on the seriousness of the complaint.
6 Q Right. But every complaint still had to be
7 investigated, correct, to some degree?
8 A To some degree, yes.
9 Q All right. And some complaints were found to be
10 groundless, correct?
11 A Correct.
12 Q Others were found at the other extreme to be
13 sustainable, correct?
14 A Correct.
15 Q And if they were sustainable, then there would be
16 sanctions for that officer, correct?
17 A Absolutely.
18 Q And if they were not sustained, then there would not be
19 sanctions, correct?
20 A Yes.
21 Q But any time an allegation of police misconduct was
22 made, they would have to be investigated through this
23 internal affairs process?
24 A Most of the time, yes; and it would also depend on the
25 seriousness of the complaint and the allegation.

LARRY MASON - CROSS (HALABY) 

57

1 Q And the allegation against you obviously was quite
2 serious, was it not?
3 A It was classified as serious.
4 Q All right. And you’d agree with that, wouldn’t you?
5 A Yes, yes.
6 Q All right. And -- and so understanding that a serious
7 allegation was made against you, you understood that because
8 of the existing process it had to be investigated because it
9 was a serious allegation?
10 A I understood the investigation had to be completed
11 until other information came out, and then I didn’t
12 understand why it continued.
13 Q All right. But you understood that once an
14 investigation is initiated, it has to be concluded and
15 findings rendered just as they were in your case which
16 ultimately exonerated you?
17 A Right.
18 Q All right. Because if you don’t complete the process,
19 then the integrity of the department might - - could be
20 attacked by those saying, “You’re whitewashing an internal
21 affairs investigation,” correct?
22 A People could say that if they -- if they didn’t know.
23 Q So - - so from the integrity of the department if a
24 serious allegation is made, it was important, you agree,
25 from that standpoint that the investigation be completed and

LARRY MASON - CROSS (HALABY) 

58

1 the results disclosed not only for particularly in your case
2 where you’re totally exonerated but from the standpoint of
3 the public’s perception of the integrity of the department
4 that they aren’t going to whitewash something but complete
5 the investigation and then disclose the results?
6 A If I understand your -- if I understand your question
7 correctly, what you’re asking is after the -- after the
8 allegations are - - are founded or unfounded, then that has
9 to be released or that should be released? Is that what
10 you’re asking?
11 Q If the allegations particularly against you - - if - - if
12 they become public, you wanted to be exonerated publicly,
13 correct?
14 A Correct.
15 Q And -- and going to that point, do you recall that on
16 December 9th of ‘97 there was a published apology from
17 Chief Koby, saying that -- well, let me ask you, now
18 obviously you have some lingering bitterness towards
19 Chief Koby because of the allegation that was made against
20 you. Is that -- would that be a fair statement? I don’t
21 want to put words in your mouth but...
22 A Bitterness, no; disappointment, yes.
23 Q Okay. But -- but it’s a fact, given that, that Chief
24 Koby publicly acknowledged that he had made a wrong decision
25 and that it had terrible consequences for you, and he was

LARRY MASON - CROSS (HALABY) 

59

1 making a public apology for that?
2 A And that was a year later.
3 Q Yeah, but he did do that publicly, didn’t he, in
4 December of ‘97?
5 A From the date that the IA was initiated to this apology
6 was a year later.
7 Q Right. But he --
8 A Right.
9 Q He did do it, though, didn’t he?
10 A Yeah.
11 Q Okay. You would have liked it sooner obviously, right?
12 A I think it should have been done immediately.
13 Q Okay. But, nonetheless, it was done and it was done by
14 the chief of the police --
15 A A year later but, yes, it was done.
16 Q If you’d let me complete my question. Okay? I
17 understand you wish it had been done sooner. Given that,
18 you do obviously agree the chief of police publicly
19 apologized and declared publicly that it was a mistake?
20 A Yes.
21 Q And this was in December of ‘97 when the Ramsey
22 investigation was still going very strong, correct?
23 A Yes.
24 Q Now, in your experience, did you ever see such a media
25 frenzy covering a matter that -- that you had been involved

LARRY MASON - CROSS (HALABY) 

60 

1 in?
2 A No, never.
3 Q It was unbelievable, wasn’t it?
4 A Yes.
5 Q And it was unprecedented in your long career with the
6 Boulder Police Department, was it not?
7 A I’ve never seen anything like it before or since.
8 Q And you would agree that because of this incredible
9 media frenzy that had occurred that was unprecedented in
10 Boulder’s experience, there was a concern about protecting
11 the integrity of the investigation from this onslaught of
12 140-plus competing media?
13 A Right.
14 Q And that’s -- that was a reasonable concern on your
15 part, correct?
16 A Absolutely.
17 Q And so when it was - - when it was first recognized very
18 early on in this Ramsey investigation that this media frenzy
19 had been created over this case and was not going to abate
20 any time soon, special directives were made as it related to
21 the Ramsey investigation. Isn’t that right?
22 A I believe so.
23 Q And in that regard, it was clearly understood,
24 therefore, that any information concerning this criminal
25 investigation could only be released through certain

LARRY MASON - CROSS (HALABY) 

61

1 authorized individuals: Commander Eller, Chief Koby or
2 Leslie Aaholm, the public information officer?
3 A Correct.
4 Q And that to you, considering this incredible media
5 frenzy, didn’t seem to be unreasonable, did it?
6 A I think by December -- is that when you’re talking,
7 December?
8 Q No. I’m talking about when you were first told of
9 this, before you went to Atlanta, what the guidelines
10 were - -
11 A Oh.
12 Q -- right after the murder.
13 A No. I thought that was very reasonable.
14 Q So when you were told that before you went to Atlanta,
15 that seemed to you to be reasonable. Isn’t that right?
16 A Correct.
17 Q Now, Boulder does have a command structure. Is that
18 right?
19 A Yes, we do.
20 Q And you have a level of command where you have to --
21 you have a clear and distinct chain of command, correct?
22 A Correct.
23 Q And to that degree, it is -- have you ever been in the
24 military?
25 A Yes, sir.

LARRY MASON - CROSS (HALABY) 

62

1 Q All right. So in terms of a paramilitary organization,
2 it has very strong similarities to a military organization
3 in terms of that chain of command?
4 A Yes, it does.
5 Q And Linda Arndt, prior to her involvement in the Ramsey
6 investigation, had a very good reputation as a detective,
7 correct?
8 A Yes.
9 Q And particularly in the area of sexual assaults. Isn’t
10 that right?
11 A Yes.
12 Q And as a result, she was assigned to that area and --
13 and her performance was publicly lauded, correct?
14 A Publicly --
15 Q -- lauded.
16 A Yes, yes.
17 Q Was -- she got awards, “Detective of the Year,” other
18 citations; and she was a very experienced and well-trained
19 detective at the time of the Ramsey investigation. Is that
20 what you’ve been saying?
21 A Yes.
22 Q In fact, as a homicide detective, you considered her to
23 be experienced?
24 A Yes.
25 Q And prior to the Ramsey investigation, I mean, she had

LARRY MASON - CROSS (HALABY) 

63

1 even qualified and served as part of the SWAT team. Isn’t
2 that right?
3 A I don’t know.
4 Q You -- you didn’t realize that she had been part of the
5 SWAT team?
6 A (The witness gave no response.)
7 Q Well, that’s okay. If you don’t recall that’s fine.
8 A I just don’t recall.
9 Q Were you ever part of the SWAT team?
10 A Yes.
11 Q And tell us about that. That -- that took special
12 training, did it not?
13 A Yes, it did.
14 Q And what kind of duties would a SWAT officer have to be
15 prepared to perform?
16 A You - - you would prepare for hostage nego- - - or for
17 hostage situations; for rescue operations; for dealing with
18 armed suspects that -- that had become barricaded.
19 Q Some of the most critical and dangerous incidents that
20 would come to the attention of the Boulder Police
21 Department, they would send in the SWAT team, correct?
22 A Yes.
23 Q And therefore you had to be specially qualified in
24 order to be a member of the SWAT team. Is that right?
25 A You were trained, yes, specially trained and qualified.

LARRY MASON - CROSS (HALABY) 

64

1 Q Specially qualified. You had to take special tests in
2 order to be qualified, correct?
3 A I’m trying to remember if -- I don’t think we had any
4 tests when I was on the team. I think it was just agility
5 and--
6 Q Do you know --
7 A -- work performance.
8 Q Do you know that it evolved where you even had to pass
9 certain psychological tests to qualify for the team?
10 A Now it is, yes.
11 Q All right. And you definitely had to be somewhat of a
12 cut above the normal police officer in order to be a member
13 of SWAT?
14 A I would say so. Most of those people are.
15 Q And you would have to, as a member of SWAT, deal with
16 very high-stress situations?
17 A I would say yes.
18 Q Almost by definition, if SWAT was going to be involved,
19 it was going to be a high-stress situation?
20 A Correct.
21 Q And Linda Arndt was also a firearms instructor, wasn’t
22 she?
23 A I believe she was.
24 Q Now, they don’t just make any officer in the Denver --
25 in the Boulder Police Department a firearms instructor, do

LARRY MASON - CROSS (HALABY) 

65

1 they?
2 A No.
3 Q What’s it take -- were you ever a firearms instructor?
4 A No.
S Q Do you know what it took to become a firearms
6 instructor in the Boulder Police Department?
7 A Now I know they have to -- to test for it, be
8 appointed, and then they have to complete a -- a course, a
9 two or -- a two-week course, I believe.
10 Q Again, you have to be specially qualified to be a
11 firearms instructor, correct?
12 A Right.
13 Q And firearms training is taken extremely seriously by
14 the Boulder Police Department, isn’t it?
15 A Yes, it is.
16 Q And the Boulder Police Department takes very seriously
17 who they select to train their officers in the use of deadly
18 force, don’t they?
19 A Yes, they do.
20 Q And Linda Arndt was one of those so selected, wasn’t
21 she?
22 A I believe so.
23 Q Now, I believe that you testified -- it’s common
24 knowledge leaks were a problem from the very beginning of
2S this Ramsey investigation. Isn’t that right?

LARRY MASON - CROSS (HALABY) 

66

1 A Yes, it was.
2 Q And they were more of a problem than normal because of
3 this incredible media frenzy. Isn’t that also right?
4 A Correct.
5 Q All these national and worldwide media organizations
6 competing with each other to get information for the next
7 day’s story, right?
8 A Right.
9 Q But there were a lot of sources for this information,
10 weren’t there, in addition to members of the Boulder Police
11 Department, such as the district attorney’s office, correct?
12 A Absolutely.
13 Q Such as information given to the Ramsey investigative
14 team?
15 A Right.
16 Q And leaks not only in the Ramsey case but in any other
17 case relating to a criminal investigation would always be
18 taken seriously by the Boulder Police Department, wouldn’t
19 they?
20 A Yes, they would.
21 Q For good reason. Isn’t that right?
22 A I would think so.
23 Q And perhaps the unfortunate incident that involved you
24 in terms of the false allegation made against you, at least
25 on -- in one side, reflected the seriousness that the

LARRY MASON - CROSS (HALABY) 

67

1 Boulder Police Department had as it related to leaks of
2 information, particularly in this serious criminal
3 investigation?
4 A LTh-huh.
5 Q Isn’t that correct?
6 A I would say so, yes.
7 Q Would you -- at the time of the Ramsey investigation,
8 would you consider Linda Arndt one of the most experienced
9 detectives on the Boulder police force as a detective?
10 A I was trying to remember who all was in the bureau at
11 that time.
12 Q On a relative basis.
13 A I think - - just trying to recall who all was in there,
14 and I think Linda was - - was one of our most experienced or
15 at least very close to our most experienced.
16 Q And you believed that -- and the department believed
17 that she was one of the most competent detectives?
18 A Absolutely.
19 Q Someone you could clearly rely on in a criminal
20 investigation?
21 A Absolutely.
22 Q In your experience as a police officer, had you ever
23 been subject to criticism by the press in terms of your
24 duties?
25 A I don’t believe so.

LARRY MASON - REDIRECT (JONES) 

68

1 Q But it was never your feeling that you go to the press
2 to defend your personal actions, correct?
3 A No.
4 Q You never had -- you never thought that was proper, did
5 you?
6 A No.
7 Q And in statements from the police department that you
8 saw in the Ramsey investigation and other investigations, if
9 conduct of the department had to be defended, it was
10 defended on the basis of the department and not as it
11 related to any one individual, as it related to a particular
12 individual’s performance in the investigation?
13 A I believe so, yes.
14 MS. BIGGS: Your Honor, excuse me.
15 THE COURT: Ms. Biggs and Ms. Haskell, you’re both
16 excused to take care of that other matter.
17 MR. HALABY: I have no further questions, Your
18 Honor.
19 THE COURT: Redirect.
20 (Ms. Biggs and Ms Haskell exited the courtroom.)
21 REDIRECT EXAMINATION
22 BY MR. JONES:
23 Q Sergeant Mason, had you ever seen public criticism of
24 an individual officer in the media like Ms. Arndt was
25 subjected to?

LARRY MASON - REDIRECT (JONES) 

69
1 A No, not to my recollection.
2 Q And in your entire career?
3 A No.
4 Q Did you ever see any defense of her conduct by the
5 department in the media?
6 A Not that I recall, no.
7 Q Counsel asked you about the reasonableness of Sergeant
8 (sic) Eller’s restrictions on talking to the media when you
9 went to Atlanta, and you said something about “as of
10 December.” What did you mean by “as of December?”
11 A I’m not sure. I don’t know what I was thinking of at
12 the time.
13 Q All right. Well, let -- let me ask it this way: Did
14 you think that it was reasonable to continue that
15 restriction as of December?
16 A December of ‘97? Is that what you’re thinking --
17 Q Right.
18 A - - or asking?
19 Q Right.
20 A I’m just trying to think back. I believe those strict
21 restrictions or those -- those absolute guidelines had been
22 backed away from or - - or had lessened; and I think it was
23 back to the PlO, Leslie Aaholm, and Chief Beckner doing
24 press releases along with John Eller if I recall right the
25 sequences in there.

LARRY MASON - REDIRECT (JONES) 

70

1 Q But they -- they were the limits on who could speak?
2 A Yes.
3 Q And did they ever speak out for Linda Arndt?
4 A I don’t ever recall anything ever coming out on Linda’s
5 behalf.
6 Q And do you recall anyone else in the department being
7 criticized at the same level as her?
8 A No.
9 Q Being accused of bungling the investigation, like that?
10 A No.
11 Q You responded to counsel’s question about the IA
12 investigation and -- and a need to continue it and see it
13 through; but you said something about “until other
14 information came out?”
15 A Right.
16 Q What were you referring to?
17 A The allegation was made against me on January the 5th,
18 and at that time the initial complaint or the IA was - - was
19 started. January the 6th, the next morning, the department
20 had information in place or at least one individual had
21 information in place that I was not responsible for leaking
22 the information to the media; that it had come from another
23 source. And yet instead of stopping the investigation right
24 then and there, they continued with it.
25 Q And how long did it take?

LARRY MASON - RECROSS (HALABY) 

71

1 A I think we went into about the middle of April, if I
2 recall right, before this was settled, the latter part of
3 March, first part of April, if I recall right. I haven’t
4 looked at it in a long time.
5 Q And the reference to Chief Koby finally speaking out on
6 your behalf was when?
7 A I believe Mr. Halaby said in December of ‘97.
8 MR. JONES: Thank you.
9 MR. HALABY: Just briefly, Your Honor?
10 THE COURT: Yes, sir.
11 RECROSS - EXAMINATION
12 BY MR. HALABY:
13 Q Now, you haven’t done research on media criticism of
14 the Boulder Police Department or individuals, have you?
15 A No, I have not.
16 Q And the source of your news has mainly been local. Is
17 that right?
18 A The local papers and the radio stations, yes.
19 Q All right. But even with that limited knowledge in
20 terms of the 140 national and worldwide media outlets that
21 were reporting on this story, whose name did you see
22 criticized more between Linda Arndt, John Eller and Tom
23 Koby?
24 A I’d say Linda was taking a majority of the hits for --
25 for a lot of things that she was being accused of -- of

LARRY MASON - RECROSS (HALABY) 

72

1 doing wrong where Eller and Koby were taking hits for just
2 an array of things.
3 Q Almost daily, though, wasn’t it, with Eller and Koby?
4 A I don’t -- I don’t know if I could say “daily,” but it
5 was -- they were out there.
6 Q How about “constant?” Constant criticism of Koby and
7 Eller and - - with the way they were conducting the Ramsey
8 investigation, prime topic in the media, was it not?
9 A I would said so.
10 Q Just to clarify your responses you just gave to
11 counsel, was it your personal opinion that the investigation
12 should not have been completed once they had some
13 information that the allegation was unsupported or is it
14 your feeling that a proper investigation had to be thorough
15 and it had to be completely investigated?
16 A It was my feeling at the time -- and I even expressed
17 this to Tom - - that we - -
18 THE COURT: Tom?
19 THE WITNESS: I’m sorry, sir. Mr. Koby.
20 A -- that with the information that they had received,
21 there was no reason for the investigation to continue and to
22 subject me to that kind of - - of humiliation and - - and
23 turmoil and - - and embarrassment to -- not only to myself
24 but to my family.
25 Q And -- and we recognize that -- the personal effects

LARRY MASON - FURTHER REDIRECT (JONES) 

73

1 that those “ultimately found to be false” allegations had on
2 you; but you, in good conscience, also understand that if it
3 was ever found that the Boulder Police Department did not do
4 a thorough investigation as opposed to a one-day
5 investigation of such serious allegations, the integrity of
6 the department would be at risk?
7 A It would have been fair and consistent across the
8 board; yes, I would agree with that wholeheartedly.
9 MR. HALABY: Thank you.
10 THE COURT: Anything else?
12. FURTHER REDIRECT EXAMINATION
12 BY MR. JONES:
13 Q Well, I -- what do you mean by that last response “fair
14 and consistent across the board?”
15 A I believe that there was information that had come out
16 through my internal affairs investigation that information
17 had been presented as to who was leaking information to the
18 media, and yet I was the only person ever subjected to that
19 scrutiny.
20 MR. JONES: Thank you.
21 THE COURT: Is this witness under subpoena?
22 MR. HALABY: Just briefly --
23 MR. JONES: He is, Your Honor.
24 MR. HALABY: Just as to that last response?
25 THE COURT: We’ve got to keep an end --

LARRY MASON - FURTHER RECROSS (HALABY) 

74

1 MR. HALABY: I understand.
2 THE COURT: We’ve got to end this up once in
3 awhile.
4 MR. HALABY: We don’t want to play Ping-Pong; I
5 understand.
6 THE COURT: One more question, sir.
7 MR. HALABY: I’m sorry.
8 FURTHER RECROSS-EXAMINATION
9 BY MR. HALABY:
10 Q Were -- were you a party to all the investigations?
11 A No, sir, I was not. I was --
12 Q So you don’t know what was going on in terms of what
13 actual investigations were taking place because you weren’t
14 part of internal affairs. Is that right?
15 A Other than through the rumor mills, no, I didn’t know.
16 Q So you’re relying on the rumor mills?
17 A Pretty much.
18 THE COURT: Anything else?
19 MR. JONES: No, Your Honor.
20 THE COURT: This witness is or is not under
21 subpoena?
22 MR. JONES: He is under subpoena.
23 THE COURT: Is. Can he be excused from his
24 subpoena now?
25 MR. JONES: Yes, sir.

LARRY MASON - FURTHER RECROSS (HALABY) 

75 

1 MR. HALABY: No objection.
2 THE COURT: You’re excused from your subpoena,
3 sir. You may return to your duties.
4 THE WITNESS: Thank you, sir.
5 (The witness left the stand.)
6 THE COURT: Call your next witness, please.
7 MR. JONES: CeAnn Mason.
8 THE COURT: Sergeant, let me remind you what I
9 hope you’ve already been told. You’re not to discuss your
10 testimony with any other witness yet to be called, sir.
11 THE WITNESS: Yes, sir.
12 THE COURT: Thank you.
13 THE WITNESS: Absolutely.
14 (The witness exited the courtroom.)
15 THE COURT: Mr. Khizhnyak?
16 (There was an off-the-record by the Court and
17 Russian Intern Denis S. Khizhnyak, an observer.)
18 THE CLERK: Please raise your right hand.
19 (The witness complied.)
20 CECILIA ANN (CEANN) MASON,
21 called as a witness herein on behalf of the plaintiff,
22 having been first duly affirmed by the deputy clerk,
23 testified as follows:
24 THE CLERK: Please be seated.
25 (The witness complied.)

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