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Beginning of testimony of Joe Anderson, defendant .
Presiding is Judge Albert Fimognari
Lawyer for the defendants (Abigail Storm, Daniel Eggink, Cynthis Jewel Eggink, Joe Anderson, Jay and Joy Debberman) is Richard Newberg
Lawyer representing the plaintiffs (Alan Gerry and Gelish Realty) is Joey Drillings, Assistant District Attorney of Sullivan County.
Newberg- All right, I call Joe Anderson.
Judge- Raise your right hand please. Do you swear the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?
Joe- Yes sir .
Judge- State your full name.
Joe- Joseph Anderson, Joseph Barton, I have two names.
Judge- You have two names? What's your other name?
Joe- Joseph Barton.
Judge- Barton?
Joe B-A-R-T-O-N, yes.
Judge- What is your legal name?
Joe- Both. I was adopted. So I use both.
Judge- You prefer to live under the name Anderson.
Joe- I usually live under the name Anderson .
Judge- Okay, that's all, I have your records, proceed.
Newberg- Where do you reside, Mr. Anderson?
Joe- 274 Rock Hill Rd., Highfalls, New York.
Newberg- Are you familiar with the... what we're calling the Woodstock site?
Joe- Yes.
Newberg- And when was the first time you ever went to the Woodstock site?
Joe- 1969.
Newberg- And was that during the original festival?
Joe- Yes, I worked with the stage crew, and I worked....
Judge- Okay, just answer the question. We don't have to elaborate unless Mr. Newberg asks you more questions.
Joe- Okay, yes.
Newberg- Okay, and what did you do at the site, during that year?
Joe- Well, I worked with the stage crew, cause they were short handed .
Newberg- Are you a plaintiff, in an action to establish that easement pending in Supreme Court Sullivan County?
Joe- Yes I am .
Newberg- And did you swear and verify a complaint that was filed at that action?
Joe- Yes I did .
Newberg- And did that action... is that an action for a prescriptive easement, such as you've just described?
Joe- Yeah.
Newberg- And also is it an action to set aside the conveyance from June Gelish to Gelish Realty, LLC, because it's in violation of a temporary restraining order?
Joe- Right.
Newberg- And is it also an action to set aside the deed from Louis Nicky to June Gelish as a forgery?
Joe- Yes.
Newberg- So were you on the property at all to protest?
Joe- No, I was there to exercise my rights to freedom of assembly.
Newberg- And did you cause any damage to the property?
Joe- No, I've cleaned the site numerous times.
Newberg- Now, did there come a time when you were arrested ?
Joe- Yes.
Newberg- And, prior to that arrest, had anybody told you to leave the site?
Joe -No, well, just the night before the arrest, a police officer gave me one of those papers that wasn't signed, with... and said that if I stayed, then in the morning, they would be back to arrest me.
Newberg- When you say a police officer, was he wearing a uniform?
Joe- State Police.
Newberg- State Police officer's uniform?
Joe- Yes.
Newberg- Were you given any other, any notice by anyone else, any other written notice by anyone else?
Joe- No. When they came to arrest me they gave me a written... a signed copy of the same document that the police officer had given me that wasn't signed.
Newberg- But that's at the time you were arrested?
Joe- Right.
Newberg- Prior to your arrest, is it your testimony that the only notice you got was from a State Police officer?
Joe- Right.
Newberg- Did you get any notice from anybody who said that they were an authorized representative of the owner, or that they were the owner?
Joe- Not prior to the arrest.
Newberg- Were there any signs on the property prior to your arrest?
Joe- No, when I went on there were no signs.
Newberg- And when did you go onto the property....how soon before your arrest?
Joe- I forget the exact... oh, before my arrest? The night before.
Newberg- And did anybody tell you when you went onto the property that you couldn't go on?
Joe- No.
Newberg- And the next day you were arrested?
Joe- Right.
Newberg- I have no further questions.
Judge- Can I ask him one question?
Newberg- Sure.
Judge- If you don't want him to answer, you can tell him not to answer....When they came to arrest you, did they tell you you have two hours to vacate?
Joe- (to Newberg) Do you want me to answer that? (to Judge) Yes, and I told them...
Judge- They gave you two hours, that's all, the answer's yes, is that correct?
Joe- Yes.
Judge- Okay.
Drillings- Thanks, Judge, That was.......You've stated that they've tried to stop you from entering the property from 1969. Who's they?
Joe- No, I didn't say that.
Drillings- You've been on the property since 1969?
Joe- Right.
Drillings- Okay, never an incidence? Nobody's ever tried to stop you from going..
Joe- Stop me? No. They have... there have been times that they've tried to stop people from going there. I was doing a show there for Gelish.
Drillings- I asked a question, and I just need an answer, did they try to stop you?
Joe- No. They never tried to stop me. They have tried to stop other people.
Drillings- Okay. Do you know those people...that they tried to stop?
Joe- Just the crowd that comes... people that I see every year.
Drillings- And why did they try to stop you...do you know?
Joe- Because Allan Scott was pressing Gelish to sign warrants, complaint warrants to try to stop our free assembly.
Drillings- Now you stated that you also worked in the trip tent in 1969?
Joe- That I worked in the trip tent, right .
Drilling- Have you ever been convicted of drug possession yourself?
Joe- Sure, a number of times.
Drillings- Okay, in fact once in Bethel itself .
Joe- Yeah, sure.
Drillings- Now, you stated there is something going on in County Court, something about a prescriptive easement that you're fighting for.. ?
Joe- Right.
Drillings- Was that decided by the county court, has a decision been made by the county court that you're aware of?
Joe- My lawyer's handling it, I don't know all the latest.
Drillings- Isn't it in fact true that Judge Sarici denied that application? In fact, in a nine page decision in August 14th, 1997 are you aware of that .
Joe- Let my lawyer answer that.
Drillings- Just yes, are you aware of it?
Joe- I don't know the facts. My lawyer knows the facts.
Drillings- Okay,....And you stated, the person that gave you notice, two hours notice to leave, was that William Ruth, the person that was on the stand before?
Joe- Yes.
Drillings- Judge, I have no further questions.
Judge- You may step down, thank you.
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