CHIEF CHARLES
HOLTGRAVER
a witness herein, having been first
duly sworn in
by the court reporter.
DIRECT
EXAMINATION
BY MR. BAXTER
Q. Would you state your
name, please?
A. Charles Holtgraver
Q. And you're the Chief of Police
for the
Borough?
A. Yes, I am.
Q. How long have you been
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MR. WATSON: We're going to have to
move this chair. I think both sides are going to want us to
see their witnesses. So,
Chief Holtgraver -- if you wish
-
Q. Well, look at them
when you answer. I won't be
insulted.
A. Sure.
Q. How long have you been the
Chief of Police?
A. Three years.
Q. And how long have you been
employed by the
Borough?
A. Since
1972.
Q. And you started in 1972 as a
police officer?
A. That's correct.
Q. And when you started as a
police officer,where
was the police headquarters
located?
A. Across the street from
where it is now.
Q. And that would be on Perry
Highway?
A. Yes. That's right.
Q. Were you familiar with the
property at
479 Perry Highway?
A. Yes.
Q. Okay.
During the course of time from 1972
until the present time, what were
your observations
of that property as far as parking is
concerned?
A. I've never seen any
vehicles parked in
front of the building.
Q. Right. Now, when we
talk "in front of the
building," can you be a little more
descriptive to
the Board what you're talking
about?
A. What
I'm talking about is what I described
as being the sidewalk. It would be
directly in
front of the building.
Q. I want to show you
photographs here.
MR.
BAXTER: I think you've seen these
before.
(Mr.
Baxter handing photographs to the
witness for his review.)
MR. WATSON:
Chief, why don't you move
your chair back; and, Fred, why don't
you sit up
here?
(Attorney
Clement reviewing
photographs.)
BY MR. BAXTER:
Q. I want to show you,
Chief, what are a
series of photographs --
MR.
WATSON: Do you want us to mark
those, first?
MR.
BAXTER: Yes. I want to mark
this.
Q. I've marked this first
set Borough 1, 2, 3,
and 4; and I ask if you'd take a look
at those and
identify what those pictures depict
if you would.
A. To me, this is what I
always believed to be
a sidewalk in front of a business.
This is a
decorative stone portion along the
highway here.
This is = -- I believe it would be an
asphalt or
asphalt slab behind it.
Q. Okay. So when you talk
about the front of
the building and not -- well, strike
that. Let's
look at Borough No. 2 and explain to
the Board what
that picture depicts.
A. The same. The
decorative portion along
there, the slab along the front of
the storefront.
Q. Okay. And Borough No.
3?
A. It would be the
same.
Q. And likewise, with Borough No.
4.
A. That also would be the
same.
Q. Now,
have you ever made an observation within the last couple of
years of anyone parking in that particular area?
A. Mr. Ballon. That's all.
Q. On how many occasions did you
observe
that?
A. Recently, it's been
numerous.
Q. Okay. But when you
first issued him the
citations, was he parking pretty much
in that
particular area that that picture
depicts?
A. The
first citation that he was issued, he
was parked in the center, partway on
the stone,
partway on the asphalt. That was what
originated
the original complaint.
Q. When he parked there
on other occasions -
did he park there on other
occasions?
MR. CLEMENT: I have an objection, and
I move to strike the prior answer. There's no foundation
that he made a personal observation of the parking that he
saw.
MR.
BAXTER: Yes. I'm going to ask
that.
Q. Did you make this
observation personally?
A. Yes, I did.
Q. And were you doing that in the
course of
your duties as Chief of
Police?
A. Yes. Actually, I was
on my way to work,
seen the vehicle there.
Q. Then when you made
those observations, you
issued a citation. Is that
correct?
A. After
I seen the car there, I went to the
station. I then received a complaint
about the car
being parked there, and it was
obstructing the view
of the fire hall parking lot next to
that. A lady
was walking down. She complained
about it. I sent
an officer up, and he put a tag on
it.
Q. Now, on how many
occasions prior to that
occasion did you notice parking in
that particular area?
A. I've noticed parking
there.
Q. Are you telling me you've never
seen a car
parking there?
A. I
have never seen a car parked there.
Q. Well, where does Mr. Ballon
park, if you know?
MR.
BAXTER: I would like to show these to the Board
now.
MR. WATSON: Do you want
to offer these?
MR. BAXTER: I would offer
these.
MR. WATSON: Any
objection?
MR. CLEMENT: No
objection.
MR. WATSON: Borough
Exhibits 1
through 4 are admitted.
A. In a parcel of land
that's shared by the
Borough and him. Mr. Ballon's always
parked in a
section of land.
Q. So
during the course of you being employed
by the Borough, have you ever seen
him park in that
particular slot?
A. I've never seen him
park there.
MR.
BAXTER: You may cross-examine.
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