Coast Guard petty officer testifies

By David Kibbe, Ottaway News Service

BOSTON -- A Coast Guard petty officer who was allegedly pushed off a tug boat and into the Acushnet River fought back tears yesterday as he told a jury how he struggled to the surface after swallowing mouthfuls of oily water.

Petty Officer Lee J. Harrison said the owner of the boat, Sigurd "Ziggy" Johannesen, shoved him overboard from behind. He said he felt two hands, one on his upper right shoulder and another on the small of his back.

"I heard Mr. Johannesen state 'take that' as I was flying forward into the water," he told the jury.

Petty Officer Harrison was overcome with emotion as he described plunging into the 47-degree water until his head was 5 or 6 feet below the surface. He said he swallowed as many as four mouthfuls of oily water before scissor-kicking his way back to the surface.

He said his clipboard and regulation manual were tucked under his left arm the whole time. When he surfaced, he said he saw Mr. Johannesen on the deck of his boat, the Fuel Man, which was moored to his fuel barge, the Morgan VI, and three other boats at Pier 3.

"Mr. Johannesen was laughing," Petty Officer Harrison said. "As I was treading water, trying to keep myself afloat, I was shouting for help."

Mr. Johannesen has insisted that Petty Officer Harrison fell on his own April 17 after attempting to leave the boat. Mr. Johannesen's lawyer, William Kettlewell, questioned whether Petty Officer Harrison was overweight for the job.

Mr. Johannesen, 50, of Fairhaven, is charged with forcibly assaulting a federal officer. If convicted, he faces up to three years in prison and a $250,000 fine.

Petty Officer Harrison said he drove out to the State Pier and Pier 3 with Petty Officer Robert Birdwell to investigate a report of a fuel spill.

Mr. Kettlewell said the Morgan VI was transferring waste oil on the barge from the crank case of a fishing boat.

The cause of the fuel spill wasn't determined.

Petty Officer Harrison said he informed Mr. Johannesen that he was violating several federal regulations during a conversation in the Fuel Man's pilot house. Petty Officer Harrison said the barge's scuppers weren't plugged, and the barge didn't have several pieces of paperwork, including a person-in-charge list and a declaration of inspection.

Petty Officer Harrison said Mr. Johannesen became increasingly agitated until he was shouting answers to his questions. He said Mr. Johannesen demanded to speak to his commanding officer.

He said Mr. Johannesen reached past him to open the door to the pilot house and told him: "We're not going to decide this here. Let's step out on deck."

Petty Officer Harrison said he left the pilot house without citing Mr. Johannesen or threatening to cite him.

Petty Officer Harrison said he was pushed overboard moments later. He said he tried to call for help on a cell phone while treading water, but the phone wasn't working. Several men pulled him out of the water, but Petty Officer Harrison said Mr. Johannesen was not one of them.

Assistant U.S. Attorney John Capin asked whether he was a strong swimmer.

"I'm a good swimmer, yes sir. I was choking and gagging on the oily water. I was afraid because Mr. Johannesen, who had pushed me in the water, was still standing there. The water was very cold. ... I knew I needed to get out of the water very quickly."

Petty Officer Harrison, 42, said he was vomiting and beginning to go into shock when he got out of the water. He was taken to St. Luke's Hospital, where he was treated for brief cold water immersion and abrasions on his legs and released.

Mr. Kettlewell's cross-examination of Petty Officer Harrison was marked by several testy exchanges. In response to Mr. Kettlewell's questions, Petty Officer Harrison said he is 5-feet, 5-inches tall, and weighs 209 pounds. He said the Coast Guard had placed him on probation in 1996 for weighing 201 pounds. Mr. Kettlewell noted that Petty Officer Harrison has held the same rank for 18 years.

Petty Officer Harrison said he has served 21 years in the Coast Guard, including stints in Rockaway, N.J., and Portland, Maine. He has been stationed in New Bedford since 1995.

He said he has participated in drug interdiction, search and rescue efforts and harbor patrols, and has boarded thousands of vessels. He said he has never had to go into the water to rescue someone and hasn't received training in falling overboard since boot camp.

Mr. Kettlewell noted that Petty Officer Harrison never mentioned Mr. Johannesen laughing or shouting at him in an affidavit he wrote the day of the incident. Mr. Kettlewell asked him twice if he fell "flat on his face" on the fishing boat next to the fuel barge earlier that day. Petty Officer Harrison said he did not "to the best of my knowledge."

New Bedford police said an unnamed witness said Petty Officer Harrison fell off the Fuel Man. The case was turned over to federal authorities.

In his opening argument, Assistant U.S. Attorney Capin said the Fuel Man was stable because it was moored to the fuel barge. Mr. Kettlewell decided to delay his opening argument until the prosecution completes its case.

Petty Officer Harrison's testimony will continue when court resumes at 9 a.m. today before U.S. District Court Judge Reginald C. Lindsay.

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