PROSECUTION’S CASE DAY 2

Summary

Today in court we saw the examinations of five witnesses: Sergeant Dan Langford, Sergeant Eric Egide, Golden Gate Bridge District General Manager Dennis Mulligan, Officer Custodio Lopez and Officer Casey Russell.

Sergeant Dan Langford (SDL)

Sergeant Dan Langford works for California Highway Patrol and on the day of the protest, April 15, 2024, he was the day shift supervisor assigned to assist officers with roadway problems. The prosecution focused on the inability of cars to get off the bridge on the day of the protest, noting safety risks of driving the wrong way on the highway. The defense highlighted that there were options for traffic to get off the bridge that were denied by SDL, including the removal of a movable barrier and the opening of lane 4 on the bridge. We learned that protestor Sara Cantor said it was okay for cars to drive out of the protest through lane 4 but was told it was not possible by SDL. 

Sergeant Eric Egide (SEE)

Sergeant Eric Egide works for the California Highway Patrol Marin field office and on the day of the protest was involved with dispatch, setting up traffic control, coordinating arrest teams and disentanglement of protestors from the devices they were using to lock themselves together (sleeping dragon devices). The prosecution focused on how sleeping dragon devices work and the specialized skills needed to cut/remove them. The jury asked additional questions about the removal of the devices and why the decision was made to stop cutting them. SEE responded that protestors were cooperative in removing the tubes and voluntarily came out of the devices.  

Golden Gate Bridge District General Manager Dennis Mulligan (DM)

Dennis Mulligan is the general manager and CEO of the Golden Gate Bridge District (GGBD) which built, owns and operates the bridge. He commented that roughly $170 million of the bridge’s fund comes from tolls. Prosecution focused on the movable barrier on the bridge and the safety concerns of moving it on the day of the protest. Additionally, prosecution highlighted that there are areas of the bridge where protests are allowed with a permit and that protests are not denied a permit based on particular messaging, such as Palestine. Defense focused on the process of using zipper trucks to move the movable barrier and confirmed with DM that it was possible to open the fourth lane of the bridge on the day of the protest. Defense highlighted that zipper trucks have been used in the past during accident scenarios and questioned why that is different from protest scenarios. Defense surfaced that even though DM communicated with District Attorney (DA) Rose prior to testifying today that the movable barrier could not be used in traffic, he now states that he agrees that the movable barrier can be used in traffic and he had a misstatement in his letter to DA Rose. Defense also noted the additional funding sources for the GGBD including state funds and federal grant money, as well as the availability of bridge bathrooms and porta-potties brought by the bridge district during the protest. The jury questions focused on safety protocol of using the zipper trucks and the frequency of permitted protests. We learned through jury questions that DM believes zipper trucks are not allowed to operate with pedestrians in the roadway, but that DM’s staff on the ground made the decisions on the day of the protest. 

Officer Custodio Lopez (OCL)

Officer Custodio Lopez works for California Highway Patrol based out of Marin. On the day of the protest OCL was tasked with forming a squad line between the protestors and the southern half of the bridge, as well as arresting protestors Anandpura and Allen. OCL confirmed the protestors were compliant and polite the whole time and he did not feel threatened. 

Officer Casey Russell (OCR)

Officer Casey Russell works for California Highway Patrol based out of Marin. On the day of the protest OCR was tasked with blocking northbound traffic to allow first responders to access the bridge, and arresting protestor Conrad de Jesus. OCR stated that they transported Conrad de Jesus in the front seat of their car and the ride was peaceful. 

DETAILED NOTES OF IN-COURT PROCEEDINGS:

Witness: Sergeant Dan Langford (SDL)

Prosecutor Roze (PR) Direct Examination

  • Background

    • SDL worked at California Highway Patrol (CHP) for 5 years; worked at Marin CHP off and on for 13 years as an officer, 2.5 years as a sergeant. 

    • Job duties:

      • Assigned to SF CHP office for 5 years, transferred to Marin CHP office, promoted to Central LA CHP office,and spent 2 years at Oakland CHP office

      • SDL's main duty is supervising officers assigned to road patrol and state buildings/properties

      • CHP investigates anything that any officer in CA comes across (domestic violence, speeding tickets, DUIs, etc.)

      • SDL is currently working 10 hour shifts, Tuesday through Friday

  • April 15, 2024 Work Day 

    • SDL day shift supervisor on April 15, 2024. Job duties were to assist officers w/ problems that occur on the roadway, working out of the Marin office. He drove a CHP motorcycle that day.

    • SDL responded to messages about a protest on the Golden Gate Bridge (GGB or "the bridge"), got there on his motorcycle, traffic on 101 South was backed up through the Robin Williams Tunnel and had to use the shoulder to get closer to the bridge.

    • SDL requested the Santa Rosa CHP office to cover the Marin area, told all Marin officers to come to the bridge, requested SFPD to respond, and air support (helicopter?)

    • At the Alexander off ramp (last exit on 101 Southbound): SDL laid cones out directing cars to Alexander off ramp, traffic started flowing and SDL directed a tow truck to block lanes heading toward the bridge and direct cars to the Alexander off ramp instead.

    • SDL noted that drivers could use the Richmond bridge to get to the east bay, then take the Bay Bridge to get to San Francisco.

    • SDL utilized the pedestrian walkway on the west side of GGB to get to the protest. He saw 3 vehicles blocking the southbound lanes (black Honda CRV, green Toyota Prius, blue Toyota Corolla) and there was heavy stopped traffic in all lanes. There were vehicles parked behind the 3 front vehicles that SDL thought were part of the protest. SDL recognized the vehicles in the picture shared by PR (evidence 1D-4, admitted by Judge Caffese). SDL did not remember the cars' license plate numbers and referred to his report to refresh his memory.

    • Exhibit 2A-3 at 9:44am: video depicting parts of the protest, SDL identified himself at 50 mins 50 seconds in the bottom right corner wearing a blue jacket.

    • After SDL got to midspan, he was approached by a "lady in a wheelchair wearing a vest that said Police Liaison." She identified herself and her role, and SDL told her that people needed to get through, if anyone was hurt from the incident the protestors would be held responsible. SDL tried to deescalate but the protestors wouldn't leave. SDL identified Sara Cantor as the police liaison. SDL said he and Cantor discussed opening up the #4 lane, which SDL said wasn't an option at the time. SDL talked with two command staff who decided they couldn't open the #4 lane (no real explanation given).

    • SDL described a man in the Honda CRV was attached to the second car through a long tube ("Sleeping Dragon") attached to his arm. Two people in the Prius were attached to the other cars through "sleeping dragons," as were two people in the Corolla.

    • SDL said that none of the people in the cars indicated that they would move out of the lanes of traffic.

    • SDL explained that Cantor said it was ok for cars (especially any emergencies) to drive out of the protest through lane #4, but SDL told her it wasn't possible to open lane #4.

    • When SDL initially got on scene, his goal was to open the roadway up, get traffic moving, and to deescalate the situation so that drivers could get to the city.

    • SDL identified Peoples 1E-1, 1E-2, and 1E-3 (photos, admitted by J) as the cars blocking traffic.

    • SDL remained on scene until Captain Carlton (CC) arrived on scene and explained the situation to CC when he arrived. SDL assisted with the arrest of the protestors, the vehicles being moved off, and the roadway being "restored to normal."

Defense attorney (D) John Viola (JV) Cross Examination

  • JV: Cones at Alexander exit were there to divert traffic to that off ramp. If someone on the north end of the bridge wanted to turn around, they could do that? Were people prohibited from leaving the bridge, going north?

  • SDL: Cars couldn't back up and turn around, but cars traveling south.

  • JV: Did you stop people from leaving the bridge traveling north bound? If they wanted to, would you have stopped them? Were cars allowed to go north off the bridge?

  • SDL: At the time, you could not get cars to back up. When SDL first got there, it wasn't possible for cars to exit the bridge from the north bound lanes. SDL didn't recall responding to any calls about cars going the wrong way.

  • JV: Are you trained to write thorough, complete and accurate reports?

  • SDL: Yes, that is correct.

  • JV: At the time of writing your report, do you recall mentioning the charge of false imprisonment to anyone that day (4/15/24)?

  • SDL: No, I don't recall.

Redirect by Prosecutor Roze (PR) 

  • PR: When you were asked if cars could turn around and go the wrong way on the highway to get off, are you saying that it wouldn't have been possible because of the traffic jam?

  • SDL: that is correct.

  • PR: You arrive around 8am?

  • SDL: Around 8:12am.

  • PR: When you left the area at Alexander exit and went to midspan, was your goal to respond to the action at midspan?

  • SDL: Yes.

  • PR: Are there any safety risks of people driving the wrong way on the highway?

  • SDL: Yes, head on collisions or other traffic collisions. Pedestrians were also walking on the bridge at that time.

  • PR: Could there be confrontations from angry drivers as well?

  • SDL: Yes. Unless we had several officers in the area to help us deter traffic, there would have been safety concerns for drivers to turn their cars around and drive the wrong way off the bridge.

Jury Questions (collected by judge)

  • What were the factors that determined it was not possible to open a 4th lane?

    • SDL: There are a few factors, this wasn't discussed at the time but to have that machine come down it may have been difficult.

    • SDL's answer was objected by Defense attorneys Katy Isa and EmilyRose Johns, but J overruled. 

  • Why weren't more officers working to deter traffic?

    • SDL: It was difficult for them to get there that day.

  • Is it typical for a CHP officer to ride a motorcycle on pedestrian walkways?

    • SDL: Yes, if needed to get to emergencies.

  • How can cars turn around with the movable barrier in the way?

Redirect by Prosecutor Roze (PR) 

  • PR: Is the Alexander exit under Marin CHP jurisdiction? 

  • SDL: Yes.

  • PR: Is Marin CHP therefore the first to respond to the southbound lanes of GGB near the exit and tunnel? 

  • SDL: Yes.

  • PR: At some point later in the morning, northbound traffic was stopped as well? 

  • SDL: Yes.

  • PR: At some point was CHP able to get more personnel to that area of the Alexander offramp? 

  • SDL: Yes.

  • PR: Was that person then able to assist with getting cars off the roadway? 

  • SDL: Yes.

  • Photo evidence 2A-1: PR: If people are stuck past Alexander Ave on 101 South, there is one option they can turn around and drive north bound to get to the Alexander Exit. Was it possible for cars stuck in south bound lanes to turn around and take the north bound Alexander off ramp? 

  • SDL: No, because the barrier is in the way.

  • PR: As you drive further north on 101 is there a divider in the way? 

  • SDL: Yes, there is a movable barrier that then turns into a 3 foot concrete barrier.

Defense Attorney Shaffy Moeel (SM) Follow-up Cross Examination Based on Jury Questions

  • SM: On April 15th were you involved in the decision of if the movable barrier to get moved or not?

  • SDL: I was advised that it was not going to be moved.

  • SM: Your answer to the juror question #1, is that just an assumption of what the factors might be?

  • SDL: Based on my experience as CHP officer.

  • SM: Were you the first CHP officer to arrive? 

  • SDL: Yes.

  • SM: As soon as you arrived, you began to speak with Ms Cantor? 

  • SDL: Yes.

  • SM: In the period of time you were there, you saw Cantor speak to other law enforcement officers? 

  • SDL: Yes.

  • SM: You understood that there was the request for emergency vehicles or individuals to be allowed to leave through the fourth lane, this was the request? You had a conversation?

  • SDL: I advised Cantor that we needed to open up one of the lanes that was blocked.

  • SM: In the period of time you were there, you could have talked to her as much as you wanted right?

  • SDL: I was on the walkway, she was moving around. I could have waved her over yes. One of the things you're trained on is being able to discern an.

Defense Attorney Katy Isa (KI) Follow-up Cross Examination Based on Jury Questions

  • KI: You indicated that opening the 4th lane of traffic "would give the possibility for the protestors to block the other lane," which leads to an assumption of the protestors' intent. However, Cantor specifically suggested to open the 4th lane.

  • SDL: "Opening up any lane would have helped traffic to flow."

  • KI: But you had no reason to believe that because the protestors were suggesting to open that lane. 

  • SDL: That is correct, but those are the same protestors who are blocking lanes.

  • KI: They were blocking those lanes, but they had given no indication that they wouldn't block the 4th lane.

  • SDL: There was protest happening, I didn't.

  • KI: Did Sara Cantor suggest to you that you?

  • KI: Was the barrier machine located north of/near the tunnel that day? 

  • SDL: Yes.

  • KI: Did you know that the south bound barrier machine would move north bound?

  • SDL: From the best of my recollection, it's from a barrier machine that moves north to south.

  • KI: Is it fair to say that you're not aware how those barrier machines work?

  • SDL: All I know is that the barrier machine typically moves from north to south.

Discussion 

  • The defense received exhibits relating to tolls and amounts of loss, there are errors in regard to how these amounts were calculated. D KI doesn't believe the witness has the expertise to arrive at these numbers. A confidential settlement was reached to settle the restitution amount. We shouldn't discuss this in court due to the confidentiality agreement.

  • J: Why/how is this witness relevant?

  • PR: One calculation is how many cars passed through the tolls, if there's no objection to those spreadsheets. I don't need to go into how they got to the money amount.

  • KI: There's a speculative nature to it, we can probably reach an agreement.

  • PR: The spreadsheets have been in the discovery throughout the entire case.

  • JV: You didn't disclose Denis Mulligan on your witness list until April 2026.

Witness: Sergeant Eric Egide (SEE)

  • Background

    • Prior job covered territory over all of sonoma county

Prosecutor Roze (PR) Direct Examination

  • SEE: promoted to commander of Quince area. In charge of all CHP up there for 3 years, then went to Truckee CHP, then over to the Marin Field office.

  • SEE: Lieutenant works under a Captain.

  • PR: asking about roles, promotions and where he was working. 

  • PR: what agencies were you communicating with when you found out about the protest?

  • SEE: Dispatch, fire department, in SF. Was trying to get access to bridge as fast as possible.

  • PR: You were coming down from Corte Madera, traveling southbound on 101 (yes)? 

  • SEE: traffic conditions, stopped traffic north of robin williams tunnel.

  • PR and SEE confirming on map on tv screen how far the backup was.

  • PR: left corte madera around 8am (approximately).

  • PR: eventually made it through that traffic through robin williams tunnel (yes).

  • SEE: had lights and sirens on and was weaving through traffic as cars got out of their way.

  • SEE: set up traffic control at alexander avenue. This means officers blocking roadway and using traffic hand signals to direct them which way to go. Arrived there 9:35 ish.

  • PR: how long was CHP on scene?

  • SEE: since 8:20.

  • SEE: officers used tactic to back ppl up to exit freeway on alexander offramp.

  • SEE: had requested marin fire to meet them at offramp so CHP units to make One Response - this means they was going to go wrong way on bridge.

  • PR: why was other way traffic stopped?

  • SEE: for access to the scene.

  • PR: Could SF CHP have handled this by themselves?

  • SEE: no not enough personnel.

  • PR: Would marin or SF CHP alone could have handled cutting sleeping dragons?

  • SEE: no, we don’t have those personalized tools or personnel. A specialized disentanglement team is trained to “defeat” these devices. Each division has their own disentanglement team.

  • SEE: other team was at the 880 protest so could not have come to this scene.

  • SEE: have been training with fire dept for past 2 years to train them on disentanglement but at the time of protest they did not have this training. (is this correct, ask)

  • PR: identified himself in a photo.

  • SEE: was present when captain ? was talking to Cantor.

  • SEE: my role at scene was helping coordinate arrest teams and what was going on in roadway.

  • PR: where are arrest teams?

  • SEE: line formation helps secure scene during arrest. The two columns of officers behind the line (a group of tightly packed officers) are the ones that will be talking protestors into custody. Line of SF officers behind arresting officers to help with transport.

  • SEE: everyday there are tow trucks on both sides of bridge in case incident on either side.

  • SEE: drove south in northbound lane, did u turn through toll booths and then drove north in southbound lanes to get to protest.

  • SEE: this is considered a mass arrest situation. Need to arrest, deal with property, and then transport them.

  • PR: what was your goal?

  • SEE: to handle incident as quickly and safely as possible and reopen roadway.

  • PR: how?

  • SEE: utilized a lot of teams. No injuries to protestors or motorists behind them.

  • SEE: got disentanglement-led team (called the valley division in Sacramento). They also drove up wrong way of traffic to bring equipment etc.

  • PR: is this type of response common for this kind of demonstration?

  • SEE: it’s always a different situation and resources came quickly. Other agencies were able to get there quick from SF and we were able to get a bus there quickly otherwise it takes a lot more personnel and time to take 1-2 ppl per cop car.

  • PR: any unique concerns because over body of water?

  • SEE: yes, you have nowhere to go because of drop to water. “You can’t move ppl in vehicles”.

  • SEE: was not in decision making process for zipper lane.

  • PR: Photo entered in evidence, 3 metal tubes encompassed in white tape. Are the metal tubes that have been marked as evidence, do you recognize these tubes?

  • SEE: Yes, they are from the 4/15/24 protest on GGB.

  • PR: Moving to admit Peoples 3A, 3B, and 3C → J admitted.

  • PR: Have you had an opportunity to look inside the tubes?

  • SEE: There are metal bolts drilled in, some carabiner clips, socks attached to those with chains.

  • PR: Mark as exhibit 3D an envelope below encompassed in a white sleeve, the evidence envelope is item #25 (contents are marked as exhibits 3D-1 and 3D-2). What was inside?

  • SEE: Two carabiner clipped chain set ups with a sock wrapped around the chain.

  • PR: Move to admit 3D, 3D-1 and 3D-2 → no objections, J admitted all.

  • PR: How did 3D-1 and 3D-2 carabiners attach to the sleeping dragons?

  • SE: You put your hand inside the sock and lock the carabiner inside the tube.

  • PR: It’s fair to say that law enforcement cannot force them to unlock themselves?

  • SEE: Not without voluntary compliance.

  • PR: I see markings on 3A covered with black tape and triangle marking, do you know what that is?

  • SEE: Yes, they’re the start of cuts using a saw to get inside the tube.

  • PR: Did the valley division disentanglement team attempt to cut into one of these tubes? 

  • SEE: Yes.

  • PR: Were they successful?

  • SEE: They didn’t finish the cut, no.

  • PR: Are these cuts consistent with your training?

  • SEE: Yes. You need to cut out a window to access the carabiners, and this is the start of a triangular cut to make room for the bolt cutters. The triangle marking is the quickest way to access the carabiners.

  • PR: How do you make sure you’re not cutting anyone’s arms inside?

  • SEE: We take our time and go layer by layer on the metal, use different saws and blades.

  • PR: Sgt langford got to the scene before you and capt. Carlton?

  • SEE: Yes.

  • PR: Did you meet with him when you got on scene and did he brief you on the scene?

  • SEE: Yes, but I had also been talking with him ahead of time.

  • PR: No further questions.

No Cross Examination 

Jury Questions

  • Does the individual release themselves from the tube?

    • SEE: It’d have to be voluntarily. With the carabiner, you can potentially unclip it and come out of the bar.

  • Why did the disentanglement team stop sawing?

    • SEE: Because the 6 individuals, 2 people on each tube, said they would voluntarily come out.

  • How long does it take to cut through?

    • SEE: Tough to give an exact time based on the tools and personnel, anywhere between 15-45+ minutes based on the material you're cutting through.

  • Were you involved with the decision to stop cutting?

    • SEE: No.

  • Why was a decision made to stop cutting, if you know?

    • SEE: The people in them said they would come out.

  • How many could be cut at a time?

    • SEE: Tough to say, usually you work one device at a time; dependant on personnel.

  • Were the protesters in the sleeping dragon cooperative in removing the tubes?

    • SEE: Yes.

  • Did you have interactions with any of the protestors beyond the liaison?

    • SEE: No.

  • At what point was the decision to make arrests made?

    • SEE: Immediately upon arriving at the scene. 

  • What led to that decision?

    • SEE: The protestors’ refusal to move or leave.

Prosecutor Roze (PR) Follow-up Cross Examination Based on Jury Questions

  • PR: Can you demonstrate how a carabiner works?

  • SEE: yes.

  • PR: Were you aware of what led to the protesters getting out of their cars? 

  • SEE: No, but I think it was due to the cutting of the tubes. I am an investigator and first reviewer of reports so I know pretty much everything that’s going on with an active case.

Witness: Golden Gate Bridge District General Manager Dennis Mulligan (DM) 

Prosecutor Roze (PR) Cross Examination

  • DM: I’ve been the GM for almost 16 years, and was the chief engineer (?) for 9.5 years prior. I serve as the CEO for the GGB District (GGBD) and implement policies of the bridge and its maintenance, ferry lines, and supervise administrative staff. The GGBD built, owns, and operates the bridge. 

  • PR: Are there any other bridges like this in CA?

  • DM: No, we are a unique entity in CA.

  • PR: You talked about the GGB having public transit. Are there any BART trains or underground trains?

  • DM: No, transit to Marin is just buses or ferries. Our ferry service is based out of the SF Ferry Building to Marin county. 

  • PR: Does the bus that goes over the GGB operate more or less frequently than the ferry?

  • DM: It takes much longer to take the bus than our ferries do.

  • PR: What are some of the responsibilities of the GGB to the motorists?

  • DM: Our duty is to keep them safe, it is also our goal to provide free flow of traffic because a significant number of people use our buses and ferries. We coordinate with other transit operators across the Bay.

  • PR: How much of the bridge’s fund is from tolls?

  • DM: This current fiscal year we expect to bring in $170 million in tolls. These tolls fund maintenance, security, and operations of the bridge. State transit assistance TDA also contributes to the bridge’s funding sources.  

  • PR: Do you recognize the location in this map? Where is it?

  • DM: This is a google maps image of the GG bridge.

  • PR: Circle on the map where the toll plaza is in red pen, and write your initials next to it in blue pen. Moving to admit this as Peoples 1B-4 → no objections, J admitted.

  • PR: I want to talk about the moveable barrier on the bridge. Prior to testifying you said you were an engineer on the bridge. Were you aware how the barrier was constructed?

  • DM: Yes, I am familiar with operations of the barrier and my staff operates the zipper trucks that move the barrier.

  • PR: How does the zipper truck move the barrier?

  • DM: As the truck drives, one operator picks up the barrier and the other operator puts the barrier down manually.

  • PR: Do you have those trucks on both ends of the bridge?

  • DM: Generally yes, we have two on the bridge.

  • PR: Is the truck driving in the northbound lane as it drives up?

  • DM: The barrier always protects the truck as it moves.

  • PR: I’m going to mark for identification Peoples 1B-5 which appears to depict a google earth view of the GGB. Mulligan do you recognize the bridge in this photo?

  • DM: Yes → Peoples 1B-5 admitted.

  • PR: If you are moving the barrier from the south and the truck is driving northbound, is the truck driving in the northbound lane?

  • DM: The truck occupies a lane when it’s driving, and it could be putting the new lane down on either the left or right side.

  • PR: Does any part of the truck have to be on the other side of the barrier to pick it up?

  • DM: It depends on the operator because they can get close to things (e.g. the curb) and how close you can get depends on the operator who is manually placing the barrier down

  • PR: In the front of the truck, is there a part of the truck that’s on the far side of the item?

  • DM: It cheats a little bit into the adjoining space.

  • PR: Is it safe or feasible to move the barrier one piece at a time without the zipper truck?

  • DM: It is feasible to manually open the barrier up and take it apart, but it’s more difficult to put it back together without the truck which resets the tension in the spring.

  • PR: On April 15, 2024, as GM of the bridge would you have had any concerns about moving the movable barrier with the zipper truck?

  • DM: I would have significant safety concerns, people and vehicles do not mix on a roadway. 

  • PR: What safety concerns in particular do you have in moving the barrier while there are people and cars on the bridge?

  • DM: When you have traffic backed up, people get anxious and can get angry. If you have one lane open, people can drive erratically to get out of traffic.

  • PR: What are your permitting regulations for demonstrations?

  • DM: We have a regulation in place to allow people to protest at the bridge and express their first amendment rights. We do not grant permits to demonstrate in the roadways because that is not safe → note from PT (notetaker): There were permitted demonstrations on the roadway of the bridge in the past (scroll down to June 6, 2020 on this webpage)

  • PR: Moving to admit pictures (Peoples 1B-6 and 1B-7) of the approved GGB areas where people can host expressive activities.

  • DM: As shown here, you can protest on the east sidewalk, the one facing SF. 

  • PR: Why do you have a limitation on these locations?

  • DM: For public safety reasons and also operational reasons. We use the west sidewalk for maintenance activities. We don’t feel it would be safe to have protestors and bicyclists on the west sidewalk. 

  • PR: Would you deny a permit based on a particular message?

  • DM: We are not content cops, any group can protest on the GGB. 

  • PR: Does this include pro-Palestinan groups?

  • DM: Certainly. 

Defense Attorney Katy Isa (KI) Cross Examination

  • KI: Median transferring machine moves throughout the day multiple times, right?

  • DM: That is correct.

  • KI: It moves in the morning to open a 4th lane of traffic because of AM commute traffic.

  • DM: That was before the pandemic, but now when the 4th lane is open southbound it’s due to the workers from the evening before opening the 4th lane.

  • KI: the zipper functions with regular oncoming traffic in the southbound?

  • DM: Correct.

  • KI: It doesn't interfere with number one lane coming south?

  • DM: Correct. They try not to come into the oncoming lane but it’s manual.

  • KI: when going in northbound lane and it’s opening up a fourth lane for the southbound, it starts to open up from where the truck begins correct? It would be opening the fourth lane as it goes along?

  • DM: Correct. The truck stops at the NOrth end where it would park .

  • KI: it would be able to move northbound when traffic is stopped in southbound lanes? 

  • DM: Correct. 

  • KI approaches the witness with a video of the zipper truck and asks if this is how the zipper truck functions. Marks video as defense A. 

  • PR: I have not seen the exhibit. 

  • Judge: We are just marking it. Exhibit will be a flashdrive with video of the zipper. Do you agree to admit? 

  • PR: I have not reviewed it.

  • Judge: can you show the exhibit to PR?

  • PR reviews video 

  • D plays video on the television

  • D: there are cars moving next to the zipper but they don’t interfere with each other?

  • DM: that is correct but vehicles tend to slow down. 

  • D: calling your attention back to April 15th, 3 lanes were closed in SB direction and zipper was available at south plaza?

  • DM: We had zipper on both ends. 

  • D: A decision was made not to use the zipper correct?

  • DM: Yes.

  • D: Were you present on the bridge that day? 

  • DM: No, but I was in contact with my staff. 

  • D: You were aware that it was possible to open the 4th lane of traffic?

  • DM: I was aware of variety of steps we could take to improve the situation. 

  • D: You agree it was possible to open the fourth lane by using the zipper truck? 

  • DM: It could have been done. 

  • D: Prior to testifying today you met with DA Rose?

  • DM: Yes, on Zoom. 

  • D: Do you recall meeting in Feb 2026? Did you meet more than one time to discuss your testimony?

  • DM: Yes.

  • D: Did you meet with the DA investigator?

  • DM: I don’t recall.

  • D: Was it more than two times?

  • DM: I’m not certain. 

  • D: Do you recall writing a letter to the DA after A15th on A19th?

  • DM: Yes.

  • D: Do you recall writing to them that the bridge district staff could not use the movable median barrier because of traffic?

  • DM: Yes.

  • D: But you do agree that the movable barrier can be used in traffic?

  • DM: Yes. 

  • D: You indicated the three sources of funding, so you don’t receive taxes?

  • DM: We receive state funds but not sales taxes in SF, marin, contra costa or sonoma. 

  • D: But you did receive 400 million grant from the federal government? 

  • DM: Yes, capital costs are generally covered spending other peoples money and is primarily grant funded as opposed to operational costs. 

  • D: No further questions. 

Prosecutor Roze (PR) Redirect

  • PR: In Feb 2026 did you meet with myself and the inspector regarding the way that the bridge calculates traffic estimations? 

  • DM: Correct.

  • PR: Yesterday did we meet and I told you the areas of testimony that I would ask you?

  • DM: Correct.

  • PR: No further questions. 

Defense Attorney Cross Examination

  • D: you’re aware that on April 15th that there were porta-potties brought by the bridge district?

  • DM: Yes I was involved in that decision.

  • D: So at some point you were informed that there were people outside of their cars urinating?

  • DM: Yes.

  • D: So you brought porta-potties to the west side?

  • DM: Correct.

  • D: In effect, a lot of people were using those? 

  • DM: Correct, there were lines outside.

  • D: There are also bathrooms on both ends of the bridge correct?

  • DM: It is true that on either end of the 1.7 mile long bridge there are bathrooms. But it wasn’t reasonable for people to abandon their cars to use the bathrooms. People were relieving themselves on the sidewalk (last sentence struck for not addressing a question).

  • D: No further questions. 

Jury Questions

  • What is the safety protocol for operating the zipper truck with pedestrians walking in the roadway?

    • DM: We do not allow it. Do not operate it with pedestrians. 

  • Why did you say in the letter that zipper couldn't run during protest?

    • DM: We did not want to open a lane of traffic for safety reasons. To manage the event law enforcement had closed northbound lanes so traffic was stopped in both directions which would also be a challenge. 

  • Can a zipper only move the median? Or can people do it?

    • DM: A truck with special tools could open it but could not move it without damaging it.

  • Per year what is the number of permitted events?

    • DM: Don’t know. Events with under 50 people don’t need a permit. 

  • What is the number of unpermitted events?

    • DM: They are rare. 1 or 2 a year.

  • Is it common for barriers to be moved in bumper to bumper traffic?

    • DM: We can do that. 

  • How much does an individual barrier way

    • DM: Over 3000 pounds, 3200 each so.

  • Is it possible that stopped traffic next to the zipper truck would prevent timely moving of the barrier? 

    • DM: You could move it in stopped traffic. 

  • Who decides when the zipper is used in situations like this?

    • DM: Staff on the ground made decisions, I was informed and didn’t overrule. 

  • Were you aware that Ds asked for a zipper truck?

    • DM: Don’t recall.

Defense Attorney Katy Isa (KI) Follow-up Cross Examination Based on Jury Questions

  • KI: What is the difference between the accident scenario vs protest scenario that made it impossible to use the zipper?

  • DM: People on the roadway. 

  • KI: In an accident scenario don’t people get out of cars and move into the roadway?

  • DM: Yes but we encourage people not to. We clear accidents quickly. As a general proposition we do not allow people in the roadway.

  • KI: can a zipper truck be used in accident scenarios in which people are in the roadway? 

  • DM: We wouldn't. We don’t often have accidents that block all lanes.

  • KI: You've had accidents that have blocked all the lanes and it is safe to move the zipper when accidents happen?

  • DM: Not if there are people on the roadway. 

  • KI: there were no pedestrians in the northbound lane of traffic? 

  • DM: Attempting to assert that having traffic flowing in one lane would be dangerous.

  • KI: But that is a different concern. First responders could have directed them to use the lane? 

  • DM: Not correct. When you open up a lane of traffic people drive unsafely and that’s when our employees get injured.

  • KI: You are speculating about what the motorists would do but you have no knowledge that that would happen in this instance?

  • DM: This is based on past experiences of employees getting hurt.

  • KI: But there were a ton of first responders on the scene, correct?

  • DM: It would still be unsafe. 

  • KI: In your letter to the DA you said the reason you couldn't use the movable median was because cars blocked the zipper which is not correct?

  • DM: You are correct I had a misstatement in my letter.

Witness: Officer Custodio Lopez (OCL)

Prosecutor Watson (PW) Direct Examination

  • PW: Can you describe your role?

  • OCL: CHP for the last 14 years assigned to the commercial unit of the Golden Gate division. On 4/15/24 I was working out of the Marin County CHP. 

  • OCL had to drive the wrong way down the freeway from Sausalito to get to the midspan of the bridge.

  • OCL was taking orders from Captain Carlton, who assigned OCL to form a squad line between the protestors and the southern half of the GGB. The next duty from Sgt. Langford was to take custody of two people inside a vehicle, Anandpura and Allen. OCL and Officer Tayes (sp?) transported them to the GGB maintenance yard. The two protestors disengaged from the sleeping dragon by removing her hand from the device.

  • Looking at evidence 1C-7, identified defendants Anandpura and Allen.

Defense Attorney Shaffy Moeel (SM) Cross Examination

  • OCL confirmed that he put defendants Anandpura and Allen in his car while they were still in the sleeping dragon.

  • After Anandpura unclicked herself from the device, OCL confirmed that she was compliant and polite the whole time. OCL put her in the front passenger seat of his car because he was not threatened by her. OCL confirmed that Anandpura fell asleep in his car on her way to jail. 

Defense Attorney (D) John Viola (JV) Cross Examination

  • JV: Do you remember Sarah Fredericks singing a song while being directed?

  • OCL: I remember the defendants were singing songs, I don’t remember exactly what songs they were.

No Questions From the Jury

Witness: Officer Casey Russell (OCR)

Prosecutor Watson (PW) Direct Examination

  • Background: 

    • OCR is a police officer with CHP over 26 years, on duty and stationed at the Marin office on 4/15/24. OCR responded to the GGB around 8am from Nicasio in West Marin county. OCR used a detour from Sausalito to access the bridge. OCR was tasked with blocking northbound traffic from the southernmost, northbound lanes of the bridge so that first responders could access the midspan of the bridge by driving the wrong way down the freeway in the northbound lanes from Marin

    • OCR arrested Conrad de Jesus on 4/15/24 and identified de Jesus in the courtroom.

  • PW: Did you see what was happening in the southbound lanes? What was happening at Alexander Ave?

  • OCR: No, all I saw was the traffic stopped in the southbound lanes of traffic

Defense Attorney Katy Isa (KI) Cross Examination

  • KI: You called de Jesus “the prisoner” but transported him in the front seat of your vehicle? 

  • OCR: That is correct. 

  • KI: He sat in the front seat with you and the ride was peaceful?

  • OCR: That is correct.

  • KI: No other individuals were in your car, is that correct? Normally you transport people to jail using the back seat of your car? 

  • OCR: That is correct, if it’s a caged vehicle.

  • KI: No further questions.

No Questions From the Jury