Judge Robert S. Lasnik

 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON AT SEATTLE

 

ROGER W. KNIGHT,                                    )

                                                                        )

                                    plaintiff,                        )           No.  C02-879L

            v.                                                         )

                                                                        )           DECLARATION BY

CITY OF MERCER ISLAND, ALAN            )           ROGER W. KNIGHT

MERKLE, Mayor of Mercer Island, RON       )           RE TRANSCRIPT OF STATE

ELSOE, Chief of Mercer Island Police,             )           COURT MOTION HEARING OF

LONDI K. LINDELL, Mercer Island City       )           APRIL 19, 2002

Attorney, WAYNE STEWART, Assistant        )

Mercer Island City Attorney, FRED                  )           Plaintiff’s Cross Motion for Summary

STEPHENS, Director of Department of            )           Judgment Noted for August 2, 2002

Licensing, DENNIS BRADDOCK, Secretary)

of Department of Social and Health Services,)

GARY LOCKE, Governor of Washington,       )

and SUPERIOR TOWING, a corporation        )

doing business in the State of Washington,         )

                                                                        )

                                    defendants.                   )

____________________________________)

 

            I ROGER W. KNIGHT, declare that:

            On July 29, 2002, I finally was able to obtain the 12 centimeter diameter compact disk from King County District Court, Bellevue Division upon which was recorded the motion hearing on April 19, 2002 in City of Mercer Island v. Knight, Nos. MIC 84199 and MIC 84268.

            At my office at Action Employment Law and King’s Collections at 501 South Jackson Street, No. B101, Seattle, Washington 98104, my computer has broadband access to the Internet.  When I first placed this compact disk into the CD drive, the Autorun function immediately connected to the website www.ftr.org.  FTR Player, Ltd. of Bentley, Australia offered for free download and license, the use of the FTR Player Plus software to read the sound recording files on the compact disk.  I downloaded the file FTRPLAYERPLUS20SP1SETUP.EXE on to an Iomega Zip disk.  I copied this file on to my computer’s hard drive.  Using Windows Start Run, I installed the program.  After restarting the computer, I discovered that I can listen to the sound recording of the court hearing.  The fidelity is good, I can hear footsteps and the shuffling of papers.  Later, after taking the Zip disk home, I installed the program on my home computer.  My home computer is not attached to the Internet because I like my privacy.  Using both computers, on the evenings of July 30 and 31, 2002, I transcribed most of this hearing, from when defendant WAYNE STEWART asked the Bellevue District Court to bring up the “Knight matter” until Judge Janet Garrow made the ruling that gives rise to my claim for Younger abstention exception.  I was able to simultaneously run the FTR Player program and Microsoft Word XP.

            Attached as an Exhibit is a true and correct copy of this Transcript.  I have faithfully transcribed the proceedings with reasonable accuracy, though I did not necessarily record every breath made by the persons speaking.  “Court” is Judge Janet Garrow.  “Prosecutor” is defendant WAYNE STEWART.  “Knight” is me.  References by myself and by Judge Garrow to “State v. Dolson” are to State v. Dolson, (1999) 138 Wash. 2d. 773, 982 P. 2d. 100.  Where I tell Judge Garrow:

Well, they, they have their own ordinance and I’m challenging that in federal court under section 1983, but that’s another matter.

 

Transcript page 8 lines 1-2, I am referring to Knight v. City of Seattle et al, W.D. Wash. No. C02-201R.

            On Transcript page 9 lines 23-27, is the finding by Judge Garrow that gives rise to my claim in this federal court action for Younger abstention exception: lack of opportunity in the on going state court action to be heard regarding the federal law issues as to the validity of the state statute in question and to have such issues timely decided.

            I certify under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Dated this 1st day of August, 2002, in Seattle, Washington, respectfully submitted and certified,

 

                                                            ____________________________________

                                                                        Roger W. Knight, pro se

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