The alleged victim in a police battery trial, who went missing when it was his turn to be cross-examined, was back in a Broward County courtroom Wednesday.
Raymond Schachner Jr. admitted to having difficulties remembering details of the Aug. 6, 2019, arrest by Hollywood Police Officer Matthew Barbieri.
It was recorded on security camera video in Schachner’s home at the time and it was played in court to help him remember.
Defense attorney David Bogenschutz asked Schachner if it refreshed his memory.
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"I can't answer," said Schachner. "My memory is quite messed up at this point."
Police were called to the Cleveland Street home by Schachner’s father who said Schachner was high on heroin and acting erratically.
The video showed Schachner loudly rambling almost incoherently as he was preparing to take a shower before police arrived.
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Bogenschutz played the video shot-for-shot asking Schachner if he remembered any part of the incident shown on monitors in the courtroom.
Schachner explained what he was seeing in the video but did not recall much of the incident itself. He did remember being surprised when police showed up.
"[Barbieri] caught me off guard," Schachner testified. "The guy scared me. I was nervous, I was scared."
The video showed officer Barbieri entering the bathroom to search for drugs and Schachner can be heard yelling off-camera.
“Wait a minute, wait a minute,” he yelled. “We didn’t give you permission to search the house.”
Schachner was sitting on the floor with his hands cuffed behind his back when Barbieri pulled Schachner to his feet by his left arm then slapped him twice across the face.
Schachner testified he was uncertain if Barbieri slapped or punched him two or three times.
"I don't know if it was an open or closed fist,” he said. “All I saw was a hand coming and I braced myself for it.”
The hits could be seen and heard in the video. Barbieri’s left hand is at Schachner’s throat as Schachner slides down the wall to the floor.
As Schachner protested the warrantless search, Barbieri is heard saying, “How about now? How about now? Do I have permission now?” as he is seen slapping Schachner in the video.
Schachner declined to be questioned after his arrest.
"I was mentally drained and exhausted,” he testified. “I couldn't answer questions."
He was questioned 20 days later and some of his answers then were inconsistent with his answers in court.
For a second time during the trial, Bogenschutz motioned for a mistrial and for a second time Broward Judge Kenneth Gottlieb denied the motion.
By day's end, the state had rested its case.
The defense called two fellow officers who were on the scene that day. Barbieri is expected to testify in his own defense when the trial resumes Aug. 24.
Barbieri is facing up to a year in jail if convicted of the misdemeanor battery charge. He remains on administrative leave from the police department, his lawyer said.
