The opinion of the court was delivered by: COOPER
Proceedings other than trial
A. Pleadings and restraining orders
In the fall of 1970, plaintiff a professional free-lance photographer, instituted an action
against defendant Onassis and three agents of the United States Secret Service (Agents) -- Walsh, Kalafatis and Connelly. The verified complaint
seeks damages for alleged false arrest and malicious prosecution and damages for, and an injunction against, the interference with his business by the alleged acts
of defendant Onassis in resisting his efforts to photograph her, and by the alleged acts of defendant Agents in obstructing these efforts at the contended behest and inducement of defendant Onassis. The damage claims aggregated $1.3 million.
The answer of defendant Onassis was filed March 8, 1971 with a counterclaim seeking compensatory and punitive damages
of $1.5 million and injunctive relief, based on claimed violations of her common law, statutory and constitutional rights of privacy and intentional infliction of emotional distress, assault, harassment and malicious prosecution. Reply papers were filed March 25, 1971.
On July 6, 1971 Judge McLean of this Court granted a motion by the United States Government (Government) to intervene. The complaint in intervention, filed October 20, 1971 sought injunctive relief (pursuant to 18 U.S.C. § 3056) against the plaintiff for alleged interference with the protective duties of the United States Secret Service (Secret Service) toward the minor children of defendant Onassis and her late husband, John F. Kennedy, a former President of the United States; on the same day, summary judgment was granted dismissing the case against the Agents on the ground that no triable issue of fact existed as to whether the Agents were acting within the scope of their employment as Government agents and so were immune from suit as a matter of law. The dismissal is presently on appeal with extended time afforded at plaintiff's request. On July 7, 1971 the motions of defendant Onassis for summary judgment on both the complaint and her counterclaim were denied.
Assigned to the motion part, we were presented on October 8, 1971 with an application for an order to show cause coupled with a request for a temporary restraining order prepared by McHugh, Heckman, Smith and Leonard, the attorneys for defendant Onassis. The application was based largely upon the tennis incident of October 4, 1971 and the residence episode of October 5, 1971, described infra, alleging continued harassment, surveillance and fear. On that day we signed an order providing protection for defendant Onassis and her children.
Following a hearing the order was extended upon good cause shown
and by consent in an order filed October 28, 1971.
On November 3, 1971 we signed an order to show cause why the plaintiff should not be held in contempt of our October 8, 1971 order. This contempt motion (but not the underlying October 8, 1971 order) was ultimately withdrawn at trial. (766)
On December 2, 1971 the firm of Paul, Weiss, Rifkind, Wharton & Garrison, substituted as counsel for defendant, brought on an order to show cause, coupled with a temporary retraining order, to punish the plaintiff for contempt of the October 8, 1971 order. This order
based upon the alleged surveillance of defendant and her children, was signed on December 2, 1971 and provided in essence that plaintiff and his agents cease surveillance and following, remain at least 100 yards from the home and 50 yards from the person of Mrs. Onassis and her children
(200 yards and 100 yards respectively were requested), and that plaintiff be enjoined from communicating or attempting to communicate with them.
On December 10, 1971 the firm of Julien, Glazer, Blitz & Schlesinger entered the action as plaintiff's trial counsel in addition to Bennett Brown, Esq., attorney of record.
A second motion to punish plaintiff for civil contempt was brought on by order to show cause signed March 23, 1972.
Plaintiff's sworn answer of March 31, 1972 consists merely of a general denial stating no facts whatever.
During the trial, defendant sought additional injunctive relief for alleged violation of New York Civil Rights Law §§ 50-51, McKinney's Consol. Laws, c. 6, dealing with use of defendant's photograph for advertising purposes.
B. Jury demand, consolidation and removal
Despite the very simple legal procedure therefor, no demand for a jury trial was made before the mandatory date, approximately April 4, 1971. On January 25, 1972, over nine (9) months late, plaintiff filed a jury demand. By law we had no alternative but to strike it as worthless. Noonan v. Cunard Steamship Co., 375 F.2d 69 (2d Cir. 1967).
By letter of January 25, 1972 we notified the parties that the trial would begin February 14, 1972 (later extended to February 16, 1972 following a request by plaintiff) and suggested consolidation of the proceedings including the preliminary injunction and trial of the main action (which was implemented by order February 3, 1972) consistent with the requests of each party in pretrial memoranda and in the affidavit of plaintiff in support thereof. See Galella affidavit, October 20, 1971, p. 6.
On February 2, 1972 we denied a motion to remand for want of jurisdiction in view of the already considerable expenditure of federal judicial time in an action which was properly removed at the time of removal.
C. The failure to file an affidavit or certificate to disqualify the trial judge
On January 19, 1972 almost a full month before the trial date, Mr. Julien, plaintiff's trial attorney, requested an off-the-record discussion in the robing room. All counsel for the litigants were present (our law clerks as well). Mr. Julien then and there made it perfectly plain that he was contemplating an application to have another judge preside at trial on the ground that having been nominated by President Kennedy, we could not render an unbiased judgment. At the close of that meeting (no other matter was mentioned), we suggested that if such an application were sought, it would be well to bring it on promptly in light of the trial date. Mr. Julien thereupon stated he would confer with his client and if plaintiff decided to move for such relief, an appropriate written application pursuant to law would be made therefor. No such application was ever made.
The statute (28 U.S.C. § 144) provides that such an application can be made only by the filing of "a timely and sufficient affidavit" by the party litigant who seeks to replace the judge. "The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith." Not only did plaintiff fail to meet the deadline for filing, but neither he nor his counsel have ever filed the affidavits which the law makes imperative. Plaintiff deliberately waived any claim of bias.
It ill-behooved Mr. Julien to go around the back way to accomplish what he failed to attempt directly. Nevertheless, several times throughout the trial, he screamed "mistrial, you are biased" at the judge presiding.
Trial was conducted from February 16 to March 23, 1972. The trial record consists of 4,714 pages, the testimony of 25 witnesses and hundreds of exhibits.11a
A. The credibility of the witnesses
Plaintiff's perjury. Certain testimony was so utterly corrupt that its particular value is to demonstrate plaintiff's willingness to lie. The record is studded with instance after instance where plaintiff's testimony was clearly perjurious. Often his own testimony exposed the perjury and at other times his very testimony compelled its rejection; on occasion he was forced to acknowledge the falsity of his testimony. He sought to subborn perjury by witnesses who had been subpoenaed or have them conceal material matters called for by subpoena.
Exhibit G. The importance of the total testimony relating to this exhibit cannot be overrated. It served to demonstrate the quality of plaintiff's trial testimony as well as establish with finality whether he violated the terms of a subpoena which called for the production, inter alia, of the following at deposition:
1. All films, photographs, negatives, prints, slides, enlargements and all other photographic products in the possession, custody or control of plaintiff which depict defendant Jacqueline Onassis, Aristotle Onassis, Caroline B. Kennedy, John F. Kennedy, Jr., John Walsh, James Kalafatis, John Connelly and Brian Keller, or any of them, which were taken or made by plaintiff;
2. All films, photographs, negatives, prints, slides, enlargements and all other photographic products in the possession, custody or control of plaintiff which depict plaintiff and any of the persons listed in paragraph 1 hereof, irrespective of by whom they were taken or made.
The exhibit consists of two identical contact sheets which include photographs taken November 30, 1971 at the Metropolitan Museum of Art. In his affidavit opposing an application to hold him in contempt of our order of October 8, 1971, plaintiff swore: "I had nothing to do with that incident." (600-606)
Initially, plaintiff testified that he had produced all photographs under his control. (558) He then qualified his testimony by asserting he had produced everything except "work that [he] had out at editors for engraving." (567) Shown certain photographs taken by him on November 30, 1971, he admitted that he had not produced all the photographs. (585, 661)
For his failure to produce he offered the explanation under oath that a magazine called "Photoplay" had custody of the photographs. (586) Yet, he testified a little later that he had made one of the two contact sheets constituting exhibit G and had given it to Miss Bernadette Carrozza of the magazine within a day or two after November 30, 1971, that she returned it to him within a week and that he had had custody of it since then. (587-590)
He next reversed his testimony to assert that on February 2, 1972, the magazine had the photographs. (1078-1082) This testimony he promptly re-reversed by admitting that he had exhibit G on that date. (1084-1085)
The two contact sheets brought further revelations. Both had the initials "PP" in red crayon. Plaintiff first testified that the initials were put on each by Miss Carrozza. Feeble though it was, this testimony did give small support to his claim (later abandoned) that he was unable to produce the contact sheets at deposition because they were in Miss Carrozza's hands. He first swore that it was she who put "PP" on DX G, one of the two contact sheets. (672-674) When his attention was called to the fact that the second contact sheet also had "PP" he then swore he had given both to her. (1095) This, of course, contradicted his prior testimony that he had given her only one. (1081) He was then confronted with an obvious fact -- there was no need to give her two identical contact sheets, and he admitted he had given her but one. (1098)
Galella was next shown the remarkable similarity of the "PP" on each of the contact sheets. He was forced to state that he had placed the "PP" on one sheet of the exhibit, intending to imitate Miss Carrozza's "PP", so as to trick the Court into believing that Miss Carrozza had had custody of the photograph. (1099-1102, 1105)
After a recess, plaintiff switched his testimony to confess that neither "PP" had been made by Miss Carrozza. (1112-1113) Confronted with his earlier testimony, plaintiff blurted out a word which, in our estimate, sums up his entire recital under oath of this episode -- "That's false." (1118)
There is even more. Plaintiff at first denied telling Miss Carrozza to hide exhibit G from the Court. (576) However, after learning that counsel for defense had the facts, he admitted that on February 18, 1972, he had telephoned Miss Carrozza and asked her to hide the photographs. (1087-1088)
It developed that plaintiff had telephoned Miss Carrozza on February 22 (the day he denied under oath telling her to hide the photographs) in his effort to find out whether she had produced copies of the photographs of contact sheet DX G. During that telephone conversation, according to the sworn testimony of Miss Carrozza, plaintiff said to her:
'On the QT the injunction was against me * * * I could get in trouble if they know that I had taken these pictures. I wasn't supposed to be photographing her then . . . I could go to jail.' (1582)
Galella finally produced exhibit G at trial on February 23, 1972. (664) This was not in the interests of justice. He had been caught.
Among the other irreconcilable inconsistencies between the testimony of plaintiff and Miss Carrozza, we call attention only to the following: She stated he came to her office on February 10, 1972 and asked her to suppress such photographs taken by him as were then in the files of her company. She quoted him as saying:
If you are asked by the Court at any time tell them that you have always assigned me to art of Mrs. Onassis; tell them that every time you have assigned me to the art that you have used. (1556)
The evidence makes it abundantly clear that plaintiff sold "Photoplay" only pictures that "Photoplay" chose to select; that when acting in its behalf, Miss Carrozza never assigned plaintiff to do photographic work. (1568; cf. 572, 3593)
The record of this trial clearly indicates that Galella on at least two other occasions has destroyed photographs made the subjects of contempt applications by Mrs. Onassis.
On October 29, 1971, Mrs. Onassis moved to hold Galella in contempt of the October 8th order, citing events occurring on October 28th. On October 30th, Galella destroyed all of the photographs he had taken on October 28th. (3646-3648) Surely, the most adverse inference possible must be drawn from this conduct.
At his deposition Galella testified that he destroyed or discarded about one-half of the photographs he had taken on December 1, 1971 immediately upon receiving them from the film processor (3242-3243), which was just after Mrs. Onassis had again moved to hold him in contempt, this time relying on the events of December 1st. Again, this destruction of potential evidence gives rise to the most negative sort of inference.
After referring us to a passage in McCormick on Evidence, counsel for defendant summed up the essentials of the trial record pertaining to exhibit G. Both are apt, proper and fully supported by the record. McCormick's observation:
By resorting to wrongful devices [a party] gives ground for believing that he thinks his case is weak and not to be won by fair means. Accordingly, a party's false statement about the matter in litigation . . ., his fabrication of false documents, his undue pressure by bribery or intimidation or other means to influence a witness to testify for him, or to avoid testifying, his destruction of relevant documents, his attempt to corrupt the jury, his transferring or hiding property in anticipation of judgment, all of these are instances of this type of admission by conduct. C. McCormick, Evidence 537 (1954).
And now counsel's summation:
The remarkable thing is that Galella in just this one case, managed to accomplish virtually every kind of underhanded conduct that McCormick gleaned from the entire history of the common law. Galella made false statements about this litigation--indeed, he admitted perjuring himself. He admitted the fabrication of false documents, viz., the forged initials "PP" on Exhibits G and G-2. He tried to persuade Bernadette Carrozza to testify falsely on his behalf and to hide photographs. . . . Indeed, out of McCormick's entire list of types of misbehavior, Galella failed only to tamper with the jury and to hide property in anticipation of judgment -- in this non-jury case in which no damages are sought.
Other instances. In our supplemental findings of fact we have collated other instances of Galella's perjury in his testimony concerning Henry Fenton, Joyce Smith, other assistants, the chase in Central Park, plaintiff's log and the waiter at Capri. Other manifest perjuries appear throughout this opinion and the supplemented findings. Not only was Galella's testimony contradicted by credible witnesses, but time and again he confessed that he had lied and that he had attempted to induce others to corroborate his lies. We still find ourselves amazed at the non-stop character of plaintiff's false testimony.
Blatant perjury for publicity. Plaintiff condemned his complaint and earned its dismissal out of his own mouth. His sworn trial testimony has enormous patches saturated with deliberate falsehood; substantial parts of it demonstrated disdain for the basic concept that without truth there can be no justice. Not a single event, episode or incident, out of scores with which the total trial record deals, was established in his favor. Evidence so bereft of truth cannot uphold any claim for relief whatever. The factual episodes involved on trial were approximately fifty in number; each is considered herein or in our Supplemental Findings; as to none did plaintiff prevail.
Plaintiff was a litigant before us and as such entitled to be heard in full. He stretched it to the breaking point. His trial attorney continually promised more proof in the offing (it never developed) and insisted on being allowed to try his case his way. We allowed that. Plaintiff continued at enormous length to toss around without restraint his baseless "facts." We closely scrutinized his conduct and demeanor on the stand and applied such other criteria as are endorsed by law to spot the emergence of truth. His failure to impress us favorably was complete.
What plaintiff accomplished was infinitely worse than "much ado about nothing." We are convinced his suit had a combined purpose: to induce by harassment the payment of money to him by defendant and/or her husband, and to obtain an advantage that his action would promote--publicity and its resultant financial rewards.
We were simply aghast at trial, and continue to be, at the unlimited effrontery with which plaintiff initiated, attempted to sustain and failed miserably to establish, his spurious assertions. Indeed, brazen is the word for Galella.
Defendant's testimony. Qualitatively and quantitatively the total proof adduced on behalf of defendant fully meets the burden of credible testimony by a preponderance of the proof. Applying the tests the law imposes on the fact finder in his constant search to detect truth, we find credible the testimony offered by each witness called by the defense.
The defendant's testimony was of considerable length, it frequently was addressed to minute details and covered many facets of a variety of events. The fact finder had not alone extensive testimony from her (the adverse examination was bitter, repetitious, prolonged and rasping), but full opportunity to observe her conduct on the witness stand as she testified on subjects which were sensitive to a large extent and would naturally evoke a considerable amount of spontaneous reaction. She was candid and careful, frequently searching for the proper word in order to be precise; she was not given to exaggeration.
Add to all this the total exhibits received from both sides, the confessions of plaintiff together with his falsehoods exposed, which in the last analysis unintentionally buttressed defendant's position, (Dyer v. MacDougall, 201 F.2d 265, 269 (2d Cir. 1952)) as well as the corroborative testimony of high order presented by the Government, and the result leaves us with solid segments of proof supportive of her claims.
Government's evidence. We found it substantial. The Government witnesses testified convincingly. Agent Keller's straightforward testimony, especially his convincing demonstration of plaintiff's manner of jumping made him one of the most important witnesses called. The Government was corroborated by much proof presented by defendant as well as by the admissions by plaintiff and his demonstrated falsehoods which only served to support the Government's position.
B. Encounters between the parties occurring before our restraining orders
Half a dozen episodes suffice to show plaintiff's typical callous behavior prior to our restraining orders.
Szechuan Restaurant. Defendant attended a private dinner party at this restaurant in February, 1969. Plaintiff testified he had learned of her presence and secreted himself behind a coat rack in the restaurant. (3754) He had arranged with restaurant personnel to turn up the music loud enough to deaden the sound of his clicking camera. (1897) While stationed at that spot he took at least five or six dozen photographs.
So proud was plaintiff of this accomplishment that he referred to it as his "Mission Impossible"
and reenacted it in detail for "Jasmin," a magazine.
. . . towards the end of the dinner suddenly out from behind something in the front of the room, something dark, Mr. Galella came, and he was moving from side to side, and he was taking pictures to get different parts of our table from different angles, so--
Q What happened to the dinner party?
A Well, I was mortified for Mr. Pei. (2004)
As to how the event ended, Mrs. Onassis testified:
The dinner party then broke up and everyone tried to get out of the restaurant as quickly as possible. Once we got outside, Galella was . . . leaping around flashing off flashbulbs. We had all been planning to go home together. Everybody separated in the night . . . everyone went home . . . with different people . . . It was a most unsatisfactory ending for an evening, and our host was upset . . . I always try to keep smiling when Galella is there. I know he wants to catch me looking terrified. (2006-2007)
The bicycle incident. On September 24, 1969 accompanied by Agent Connelly, defendant and her son went bicycle riding in Central Park. They rode out of the park at about 5:30 p.m. by way of a path with John Kennedy in the lead, his mother next, then Mr. Connelly. Galella jumped out from an area of bushes right onto the middle of the path approximately 10 to 15 feet in front of John, who was compelled to swerve violently to the right to avoid hitting plaintiff; this sudden movement almost caused him to fall off his bicycle. This episode was testified to in detail by defendant (2059-2063), Agents Connelly, Walsh and Kalafatis (4118-4125, 4131-4132, 4044-4049, 4225-4227) and supported by a report of Agent Kalafatis dated September 25, 1969. (4497)
Plaintiff vigorously denied jumping onto the bicycle path. He insisted he had taken his photographs standing approximately 10 feet south of the southern railing along the Central Park bicycle path.
(358, 370-371, 885 and the first six frames on contact sheet PX 27) His testimony wavered as to just where he actually stood. (855, 858-859)
Kuhn, an expert witness called by defendant, testified in unequivocal fashion that it was impossible for plaintiff to have been stationed at the spot he claimed when he took the photographs in question. Kuhn had visited the scene and with appropriate equipment tried it out.
The results of his experiment and the reasons he assigned for his conclusions were impressive. (4306-4309, 4313, 4315-4318 and exhibits there referred to) Plaintiff agrees with Mr. Kuhn's premises but not his conclusions. (889)
The event took on serious proportions. Special Agent Walsh testified he said to Galella: "Look what you almost did, you almost killed John." (4231) and Mrs. Onassis testified: "He terrorized me that day, and doubly so for the safety of my son." (243)
Camera strap flicking. Mrs. Onassis testified to an incident that occurred in September 1970.
As I came out of 1040, Mr. Galella jumped out at me under the awning. He then--he shouted--not shouted, but he was grunting, and he said, "Glad to see me back, aren't you, Jackie?" And then he took his camera strap and he flicked me on both sides of my shoulders as I was walking to the car. He came so close. Then I got into the car and--and--he was jumping around from side to side all the time in one of the most aggressive ways he has ever come at me. (2022)
" 21" Club -- 1970. Accompanied by Mr. Andre Meyer on December 17, 1970 defendant went first to the "21" Club and then to the theatre. As soon as they left her apartment building, they saw plaintiff and some one in a Santa Claus costume whom plaintiff had paid to pose with Mrs. Onassis. (Galella 1869) She testified:
Santa Claus lunges up at me, pushing, trying to get next to me, pushing Mr. Meyer, scuffling, the doorman is there, too. This strange Santa Claus is running up at us. (2401)
At the same time, she testified, while Galella leaped around her photographing her, he said: ". . . come on, Jackie, be nice to Santa, won't you? Come on, Jackie, snuggle up to Santa." (2401)
Plaintiff and his Santa followed them to "21." Dinner over, they exited the restaurant accompanied by the witness Snyder (a "21" executive) who tried to keep Santa away from defendant, but Santa kept pushing and shoving in his efforts to get next to her and finally succeeded in getting within a few inches.
When she reached her car, plaintiff pressed against it with his flash. (Snyder 4026-4027) From "21" they drove to the theatre. Plaintiff followed. He leaped around them in the lobby while they tried to take their seats (2404-2405); he rushed down the aisle twice (she believes) to take photographs of her. (2406, 2410) His behavior compelled her to remain in her seat during intermission. She testified:
We stayed in our seats 15 minutes. Then everyone in the theatre starts to laugh and point and some, the ones around us and the ones at seats far away are standing up to look over what's happening. Even some of the performers come back on the stage . . . and start looking to see what's happening, and the whole time we're there, this long, long period, where you try--(2411)
After theatre, she returned home. For her the evening was "a wreck."
" Oliver ". John Kennedy attended Collegiate School and in May, 1971 he appeared in the school's production of "Oliver." Mr. and Mrs. Onassis, Caroline and some friends attended the performance. The public was not invited. Plaintiff had obtained advance information of the event. (1869-1870) He was on the sidewalk outside the school when defendant and her party arrived. As they proceeded into the building, plaintiff flash photographed them, jumped and leaped about them.
During intermission when the parents went upstairs to a hall above the school theatre, plaintiff went inside.
School personnel ejected him from the building. He then gave his camera to one of the boys attending that school and told him to go in and take photographs of the Onassis party. (2233-2234)
The play over, defendant and her party exited to go to the car. Plaintiff, she testified,
. . . rushed us as we were getting into the car, bumped members of the party, leaped around taking pictures all the time, flashing in the night. . . . (2236)
When they arrived at her apartment building they found plaintiff there.
Plaintiff conceded he made spot checks at the Collegiate School (1839) including reading the bulletin board notice about "Oliver." (3637) Although he insisted the bulletin board is visible from the lobby, (1849) testimony of witnesses (Andrews 3976, Keller 4542-4543) developed that the bulletin board was at least 15-20 feet inside the 77th Street entrance in a corridor at right angles from it and not visible from that entrance.
Mr. Andrews (formerly head master there) also testified to an occasion when he found plaintiff wandering about the school corridor. Plaintiff objected when Andrews asked him to leave; he left after being informed that the police would be called. (3974-3975)
The tennis courts. On October 4, 1971, defendant accompanied her daughter Caroline to the Central Park tennis courts to watch her take a tennis lesson.
Mrs. Onassis testified:
He rushed up the stairs of the tennis house. He was leaping around inside and he knocked over a trash can.
He bumped into Caroline, bumping her against the wall. He caused a great commotion and we were upset. (2253)
While in the tennis house, he yelled, ". . . aren't you glad to see me back, Jackie?" and, "How are you, Caroline?" (2255)
Caroline then went onto the court and while her mother walked to an outside bench from which she could watch, Galella followed her taking photographs of her from 2 or 3 feet away. Then he went outside the fence,
running around, taking pictures of me watching her [and] of her . . . Once he was really close because I could hear him grunting . . . once he was really close behind me. (2253, 2255-2256)
A few minutes later, plaintiff ran to the side of the court and continued taking photographs of Caroline from a position to the side and in front of her, his camera right up against the fence. (Agent Keller 4567-4569, Defendant 2253-2254) A crowd began to gather. Agent Walsh moved close to Galella, and according to defendant,
Agent Walsh said to Galella, 'Can't you see you're making her nervous?' Galella then yelled to Caroline, 'I'm not making you nervous, am I, honey?' And she said, 'Yes, you are.'
(Onassis 2223-2224, DX AE 423, 4226 and 4228) She turned towards me and there were tears in her eyes. (Onassis 2254-2255)
Nonetheless, plaintiff continued taking photographs of Caroline while she took her tennis lesson, stopping only when Mrs. Onassis, attempting to divert his attention from Caroline, (3182) ran from the bench. Galella took off after her.
After the chase, plaintiff testified he "went back to get Caroline -- to get Caroline playing tennis." (4503) To accomplish this he went through the tennis house and onto the court. A Parks Department employee ran out on the court toward plaintiff yelling, "Get off. You are -- you are like a Papparrazo." (Plaintiff 4504, Agent Keller 4579-4580)
Plaintiff ignored the instruction and according to Agent Keller continued photographing Caroline, jumping around in front and to the side of her. Agent Keller ran to the court. Caroline then walked off the court with her instructor, and while doing so Galella backed away taking pictures approximately 3 feet in front of her as she walked in his direction.
(4582-4583, 4588, 4590)
When Caroline and Keller got to the tennis house, plaintiff continued taking photographs of her from within two or three feet. Agent Keller requested plaintiff to move away; this instruction Galella also ignored. (Keller 4584) Leaving the tennis house,
Caroline and Keller walked in the general direction of her home. As they walked, plaintiff and another photographer assisting him at the time, jumped around them taking photographs within two or three feet of Caroline. For ten minutes both photographers followed Caroline and Keller, taking photographs the entire time. In the course of the walk, Agent Keller testified, Galella addressed: "How do you like the great Papparazzi being back again?" and "Don't be nervous, honey." (4603-4604)
Plaintiff himself took at least 60 photographs of their walk after they left the tennis house. Mr. Keller further testified that as they walked, Caroline turned to him and said, "Why does he always follow us? Why doesn't he leave us alone?" (4625-4627)
Other episodes. In addition to these episodes, twenty further episodes are summarized in our supplemental findings of fact. These include instances where the children were caused to bang into glass doors, school parents were bumped, passage was blocked, flashbulbs affected vision, telephoto lenses were used to spy, the children were imperilled in the water, a funeral was disturbed, plaintiff pursued defendant into the lobby of a friend's apartment building, plaintiff trailed defendant through the City hour after hour, plaintiff chased defendant by automobile, plaintiff and his assistants surrounded defendant and orbited while shouting, plaintiff snooped into purchases of stockings and shoes, flashbulbs were suddenly fired on lonely black nights -- all accompanied by Galella jumping, shouting and acting wildly. Many of these instances were repeated time after time; all preceded our restraining orders.
He was like a shadow: everywhere she went he followed her and engaged in offensive conduct; nothing was sacred to him whether defendant went to church, funeral services, theatre, school, restaurant, or board a yacht in a foreign land. While plaintiff denied so deporting himself, his admissions clearly spell out his harassment of her and her children.
C. Episodes occurring after the restraining orders
Our order dated October 8, 1971 prohibited plaintiff "from harassing, alarming, startling . . . [defendant] or her children . . ., and from blocking their movements . . . invading their immediate zone of privacy . . . ." This order was in effect during each of the following five episodes.
Arriving home after dark. On November 28, 1971, Mrs. Onassis and her children arrived home after dark following a brief holiday. Plaintiff was waiting at the side of the building, hiding from the doorman. Two other photographers (one was his photographer friend, Tom Wargacki) were waiting in a van on the corner of 85th Street and Fifth Avenue.
As defendant and her children were getting out of the car, plaintiff lunged from under the canopy and discharged his flash as the children were alighting. John Kennedy was startled, he fell to his knees, his books scattered in the street. As defendant and her children were walking to the entrance, plaintiff and the other two photographers continued rushing back and forth in front of Mrs. Onassis while taking flash photographs from both the north and south sides of the canopy.27a (2460-2469)
Central Park -- December 1, 1971. On December 1, 1971, plaintiff, with two other photographers, including his friend and helper, Tom Wargacki, planned to badger Mrs. Onassis on her return home from walking her dog in Central Park.
The other two photographers jumped at defendant out of the bushes around the reservoir. Defendant thereupon hurried home, the two in close orbit about her. As she neared home, Galella suddenly came
lunging out from under canopy . . . in a long black leather coat, camera slung around him, . . . within inches of me, . . . taking pictures, leaping, surging around me between there and my entrance to where I live.27b (2471-2473)
In the park that day, the two photographers placed themselves so that the maximum number of photographic "shots" would flow from their collective efforts. Galella testified that he found this approach very helpful because it resulted in getting photographs no matter which way defendant turned. (3587)
Two Gentlemen of Verona. On the evening of December 1, 1971, defendant and her escort, Michael Forrestal, drove to the Bonwit Teller store where they were to meet Mr. and Mrs. Peter Duchin, their guests for the evening. Defendant remained in the car while Forrestal went into the store to get the Duchins. Galella and his companions appeared and pressed up against the car and took flash photographs of defendant. (2480, 3862, 3917-3918, 4261)
Plaintiff denied he was any where near that store at any time during the day or evening.
After leaving the store, defendant and her party went to the theatre. Arriving early, the defendant and the guests went to the Playbill Bar across the street. From the car to the bar they were subjected to pushing by plaintiff and his three companions as they crossed. (Mrs. Duchin 3920-3921, Mr. Duchin 3864-3866, Forrestal 4262)
When they got to the theatre lobby, plaintiff and his associates were actively engaged taking flash photographs and were "right on top" of the Onassis party, photographing her from a foot or two away, pushing the Duchins on a number of occasions. (3865-3866, 3920)
It was plaintiff's sworn testimony that he was not in the theatre at that time. (3736-3737)
When the Onassis party took their seats just before the start of the show, plaintiff ran down the aisle to photograph defendant. (2481, 3866, 3922, 4262-4263) Here again we have a sworn denial by plaintiff.
During intermission, plaintiff again came down the aisle pushing people out of his way in order to reach and photograph defendant. (3867-3868, 3923, 4263-4264) As the Onassis party proceeded up the aisle, plaintiff photographed them (Mrs. Duchin 3923-3925). This plaintiff admitted. (3839-3842) He pressed so close to Mrs. Duchin and Forrestal as to come within eighteen inches of Mrs. Onassis (3922-3925, 4264) In the lobby they were surrounded by him and his associates. Galella leapt from side to side and knocked people about. (2485)
In an attempt to avoid him, defendant and her friends returned to the bar across the street (2485), and in doing so they were virtually herded by those photographers. Mrs. Duchin testified she was pushed into the path of an oncoming taxicab at a time when defendant was right next to her. (Duchin 3868-3870, Mrs. Duchin 3925-3927, Onassis 2485) Galella pursued the party into the bar. (2485-2486, 3870, 3927-3928, 4265)
Although plaintiff was removed from the bar, he and his co-workers were waiting outside when the Onassis party left there and again they herded them across the street to the theatre, pushing and flashing all the way.
The performance over, Galella, bumping and flashing, confronted them again as they proceeded to the car to drive to a restaurant for dinner. (2486, 4265) Plaintiff got into his own car and followed. He was on the sidewalk, running and flashing and getting in front of defendant as she walked from her car into the restaurant. (2486-2487) This was repeated when defendant left the restaurant and entered her car. (2487, 3875, 3930) He again followed them in his car until, at a red light, ...