Staff Writer

ONEONTA - Witnesses described lawyer Andrew Van Buren as "angry," "upset" and "out of control" in testimony during the second day of his city court trial Tuesday.

Van Buren, who successfully defended Colin Davidson in the garage-brawl trial, is charged with trespassing, littering, resisting arrest and disorderly conduct stemming from a March 28 incident.

Van Buren allegedly parked his car on the property of 244 Chestnut St. in what he said was an attempt to protect his client after a rock had been thrown through the window of the apartment in which Davidson was staying next door. After his presence was reported to Oneonta city police, Van Buren supposedly used profanities toward the officers and threw a coffee cup into the street. He was taken into custody for littering.

Prosecuting attorney Michael Breen questioned witnesses as to Van Buren's demeanor that morning.

Officer A.J. Taylor, one of those who responded to the scene, testified as to statements Van Buren made while walking to the street after police asked Van Buren to move his car, which at that time was illegally parked on Chestnut Street.

"He said that I shouldn't be a cop, that the Oneonta police department was basically inept, that I should get another job," Taylor said, adding that Van Buren also used vulgar language.

He described Van Buren as standing "pretty close" to him. "I felt like I was back in the military," he said. Taylor said he responded by either ignoring Van Buren or saying "Yes, sir."

Breen also asked about Van Buren's movements as he threw a cup of coffee. James Christiance, who co-owns the property at 244 Chestnut with his wife and had called the police, said Van Buren "threw it right handed, almost like a baseball player."

Taylor would only say that Van Buren used an overhand motion. "He threw it, and there was force behind it."

Officers then arrested Van Buren for littering. The prosecution asked about Van Buren's movements during the arrest.

"He was still tensed up and struggling, to the point that we had to physically remove him from the street," said Officer Dennis R. Nayor, who added that Van Buren was not putting his hands behind his back.

"He was wiggling around there pretty good," Christiance said.

Witnesses said that Van Buren did say, "you're hurting me" while police were trying to cuff him. Nayor responded each time with "stop resisting," and said he did not relax his hold on Van Buren.

"I was afraid that if he got up, there would be some swinging involved," he said. "We cannot reduce the technique and let up because they could spring up and assault us."

The defense asked witnesses several questions regarding the positions of vehicles and people during various points of the morning of March 28. Lawyer Terence O'Leary also asked several witnesses whether the thrown cup of coffee went over, or near, Nayor's head.

While cross examining Taylor, O'Leary asked about the methods used to handcuff Van Buren, requesting that Taylor demonstrate the techniques he used.