IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO DEPARTMENT 37 BEFORE HON. JEFFREY F. FRASER, JUDGE THE PEOPLE OF THE STATE OF ‘TRIAL CALIFORNIA, PLAINTIFF, vs. NO. SCD225579 FLORENCIO JOSE DOMINGUEZ, PAGES 1-202 DEFENDANT. REPORTER'S TRANSCRIPT OCTOBER 12, 2010 APPEARANCES: FOR THE PEOPLE: BONNIE M. DUMANIS DISTRICT ATTORNEY BY: KRISTIAN TROCHA DEPUTY DISTRICT ATTORNEY 330 WEST BROADWAY SAN DIEGO, CA 92101 FOR THE DEFENDANT: HULLINGER & SPEREDELOZZI BY: MATTHEW J. SPEREDELOZZI RETAINED COUNSEL 5752 OBERLIN DRIVE, SUITE 106 SAN DIEGO, CALIFORNIA 92121 MONIQUE MINAHAN, CSR NO. 10818 OFFICIAL REPORTER SAN DIEGO SUPERIOR COURTCHRONOLOGICAL INDEX OF WITNESSES OCTOBER 12, 2010 PEOPLE V. DOMINGUEZ CASE NO. SCD225579 WITNESSES KELVIN LUJAN - PEOPLE'S WITNESS AMINATION BY MR. TROCHA CROSS-EXAMINATION BY MR. SPEREDELOZZI SAMUEL EULER - PEOPLE'S WITNESS DIRECT EXAMINATION BY MR. TROCHA CROSS-EXAMINATION BY MR. SPEREDELOZZI JOSEPH HOWIE - PEOPLE'S WITNESS “DIRECT EXAMINATION BY MR. TROCHA JOHN GONZALEZ - PEOPLE'S WITNESS AMINATION BY MR. TROCHA CHAD CRENSHAW - PEOPLE'S WITNESS "DIRECT EXAMINATION BY MR. TROCHA CROSS-EXAMINATION BY MR. SPEREDELOZZI MARK LUCCHESI - PEOPLE'S WITNESS IXAMINATION BY MR. TROCHA CROSS-EXAMINATION BY MR. SPEREDELOZZI REDIRECT EXAMINATION BY MR. TROCHA MARLA QUINTANILLA - PEOPLE'S WITNESS “~~ DIRECT EXAMINATION BY MR. TROCHA CROSS-EXAMINATION BY MR. SPEREDELOZZI IRECT EXAMINATION BY MR. TROCHA RECROSS-EXAMINATION BY MR. SPEREDELOZZI FURTHER REDIRECT EXAMINATION BY MR. TROCHA OTHON MENA, M.D. - PEOPLE'S WITNESS “DIRECT EXAMINATION BY MR. TROCHA CROSS-EXAMINATION BY MR. SPEREDELOZZI REDIRECT EXAMINATION BY MR. TROCHA PAGE 15 34 39 51 73 81 82 94 97 120 135 143 144 145 191 196MARKED FOR IDENTIFICATION. PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S. PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE’ PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE! PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S PEOPLE'S CHRONOLOGICAL INDEX OF EXHIBITS OCTOBER 12, 2010 PEOPLE V. DOMINGUEZ CASE NO. SCD225579 EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. NO. 4 6 7 11 15 16 17 151 154 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 18 19 20 21 22 23 738 79 80 155 156 157 163 164 PAGE PHOTO 29 PHOTO 30 PHOTO 31 PHOTO 32 PHOTO 32 PHOTO 32 PHOTO 33 GRAY SHIRT 46 PAPER BAG 48 PHOTO 57 PHOTO 58 PHOTO 58 PHOTO 59 PHOTO 59 PHOTO 60 PHOTO 60 PHOTO 60 PHOTO 60 PHOTO 62 PHOTO 62 PHOTO 62 PHOTO 62 PHOTO 64 PHOTO 64 PHOTO 64 PHOTO 64 PHOTO 65 PHOTO 65 PHOTO 65 PHOTO 65 PHOTO 77 PHOTO 78 PHOTO 78 PHOTO 19 PHOTO 80 PHOTO 80 PHOTO 89 PHOTO 89 PHOTO 90 WHITE T-SHIRT 95 PAPER BAG 96 TRANSCRIPT OF 111 INTERVIEW PHOTO 164 PHOTO 166CHRONOLOGICAL INDEX OF EXHIBITS (CONT.) OCTOBER 12, 2010 PEOPLE V. DOMINGUEZ CASE NO. SCD225579 MARKED FOR_IDENTIFICATIOI PAGE PEOPLE'S EXHIBIT NO. 165 PHOTO 168 PEOPLE'S EXHIBIT NO. 166 PHOTO 169 PEOPLE'S EXHIBIT NO. 167 PHOTO 169 PEOPLE'S EXHIBIT NO. 168 PHOTO 170 PEOPLE'S EXHIBIT NO. 169 PHOTO 170 PEOPLE'S EXHIBIT NO. 170 PHOTO 171 PEOPLE'S EXHIBIT NO. 171 PHOTO 171 PEOPLE'S EXHIBIT NO. 172 PHOTO a7. PEOPLE'S EXHIBIT NO. 173 PHOTO 172 PEOPLE'S EXHIBIT NO. 174 PHOTO 173 PEOPLE'S EXHIBIT NO. 175 PHOTO 173 PEOPLE'S EXHIBIT NO. 176 PHOTO 174 PEOPLE'S EXHIBIT NO. 177 PHOTO 175 PEOPLE'S EXHIBIT NO. 178 PHOTO 175 PEOPLE'S EXHIBIT NO. 179 PHOTO 176 PEOPLE'S EXHIBIT NO. 180 PHOTO 177 PEOPLE'S EXHIBIT NO. 181 PHOTO 177 PEOPLE'S EXHIBIT NO. 182 PHOTO 178 PEOPLE'S EXHIBIT NO. 183 PHOTO 179 PEOPLE'S EXHIBIT NO. 184 PHOTO 179 PEOPLE'S EXHIBIT NO. 185 PHOTO 180 PEOPLE'S EXHIBIT NO. 186 PHOTO 180 PEOPLE'S EXHIBIT NO. 187 PHOTO 180 PEOPLE'S EXHIBIT NO. 188 PHOTO 181 PEOPLE'S EXHIBIT NO. 189 PHOTO 182 PEOPLE'S EXHIBIT NO. 190 PHOTO 182 PEOPLE'S EXHIBIT NO. 191 PHOTO 183 PEOPLE'S EXHIBIT NO. 192 PHOTO 183 PEOPLE'S EXHIBIT NO. 193 PHOTO 184 PEOPLE'S EXHIBIT NO. 194 PHOTO 184 PEOPLE'S EXHIBIT NO. 195 PHOTO 184 PEOPLE'S EXHIBIT NO. 196 PHOTO 184 PEOPLE'S EXHIBIT NO. 197 PHOTO 185 PEOPLE'S EXHIBIT NO. 198 PHOTO 185 PEOPLE'S EXHIBIT NO. 199 PHOTO 186 PEOPLE'S EXHIBIT NO. 202 PHOTO 187 PEOPLE'S EXHIBIT NO. 200 PHOTO 188 PEOPLE'S EXHIBIT NO. 201 PHOTO 188 PEOPLE'S EXHIBIT NO. 203 PHOTO 188 PEOPLE'S EXHIBIT NO. 204 PHOTO 189 PEOPLE'S EXHIBIT NO. 205 X-RAY 18910 a 12 13 14 15 16 17 18 a9 20 21 22 23 24 25 26 27 28 SAN DIEGO, CALIFORNIA, OCTOBER 12, 2010, --000-- (THE FOLLOWING PROCEEDINGS WERE HELD OUTSIDE THE PRESENCE OF THE JURY.) THE COURT: RECORD WILL REFLECT WE ARE OUTSIDE THE PRESENCE OF THE JURY. I'VE GOT BOTH COUNSEL, MR. DOMINGUEZ. WHAT'S UP? MR. SPEREDELOZZI: YOUR HONOR, I BELIEVE YOU ORDERED BACK TWO OF MY WITNESSES FOR TOMORROW; CHRISTIAN AVITIA AND GREGORY ROMAN MENDOZA. TALKING TO THE PROSECUTOR, SCHEDULING-WISE, HIS CASE-IN-CHIEF IS GOING TO RUN THROUGH THE REST OF THIS WEEK. IF I COULD GET THEM ORDERED BACK FOR -- WOULD MONDAY BE ALL RIGHT? MR. TROCHA: I THINK sO. THE COURT: THAT'S FINE. AND I WAS JOKING WITH COUNSEL EARLIER, THE CASE WE HAD SET FOR MONDAY HAS BEEN MOVED OUT ABOUT A MONTH, SO WE'RE -- THERE ARE NO TIME RESTRAINTS. IF YOU GO THROUGH THE REST OF THE WEEK, HOW LONG DO YOU THINK YOUR CASE WILL TAKE? MR. SPEREDELOZZI: I'M ESTIMATING IT WILL TAKE ABOUT A WEEK, BUT IT MIGHT GO A LITTLE LONGER. BUT ABOUT A WEEK. THE COURT: OKAY. WE HAVE THEM PRESCREENED FOR THREE WEEKS; RIGHT, CHARLIE? MR. SPEREDELOZZI: CORRECT. THE COURT: SO ON THE SECOND WEEK. WE'LL SEE. SO, CHARLIE, STILL WAITING?ANYTHING ELSE? MR. TROCHA: JUST SOMETHING I HAVE -- SCHEDULING THINGS FOR THURSDAY WE CAN BRING UP LATER. THE COURT: WHAT DO WE HAVE COMING UP? WE HAVE A WIRETAP 1538. WHAT ELSE, CHARLIE? aaweune I DON'T KNOW HOW MUCH TIME THAT'S GOING TO TAKE, BUT I NEVER -- WE DON'T SEE A LOT OF WIRETAP 1538'S. © © MR. SPEREDELOZZI: FOR TODAY? 10 THE COURT: NO. COMING UP THIS WEEK. 1 THE CLERK: TWO SENTENCINGS ON FRIDAY, PLUS TWO 12| SMALL CLAIMS TRIAL DE Novos. 13 THE COUR’ THAT'S NOT BAD. 14 (THE FOLLOWING PROCEEDINGS WERE HELD IN THE PRESENCE OF THE JURY.) ‘THE COUR’ 15 16 : ALL RIGHT. GOOD MORNING, LADIES AND 17| GENTLEMEN. THANK YOU ALL FOR BEING ON TIME. 18 MR. PROSECUTOR, NEXT WITNESS. 19 MR. TROCHA: THANK YOU, YOUR HONOR. THE PEOPLE 20) CALL OFFICER KELVIN LUJAN. 21 KELVIN LUJAN, 22| THE PEOPLE'S WITNESS, HAVING BEEN SWORN, TESTIFIED AS 23] FOLLOWS: 24 THE CLERK: PLEASE STATE YOUR NAME. 25 THE WITNESS: MY NAME IS KELVIN LUJAN. 26 THE CLERK: PLEASE SPELL BOTH YOUR FIRST AND LAST 27| NAME. 28 THE WITNESS: SURE. IT'S K-E-L-V-I-N. LUJAN,10 a 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 L-U-J-A-N. DIRECT EXAMINATION BY MR. TROCHA: Q. GOOD MORNING, OFFICER LUJAN. A. GOOD MORNING, SIR. Q. YOU'RE AN OFFICER WITH THE SAN DIEGO POLICE DEPARTMENT? A. YES, I AM. Q. HOW LONG HAVE YOU BEEN So? A. ‘TWELVE YEARS. Q. WHAT IS YOUR CURRENT ASSIGNMENT? A. MY CURRENT ASSIGNMENT IS WITH THE GANG SUPPRESSION TAKE YOU BACK TO SEPTEMBER OF 2008. WAS THAT YOUR ASSIGNMENT BACK THEN? A. I DON'T BELIEVE so. HOW LONG HAVE YOU BEEN ON GST? A. APPROXIMATELY TWO YEARS. Q. WHAT WERE YOU DOING PRIOR TO GANG SUPPRESSION TEAM? A. I BELIEVE I WAS ON A SPECIALIZI UNIT CALLED THE C-SQUAD. Q. WHAT Is THAT? A. IT BASICALLY TARGETS NARCOTICS, GANG VIOLENCE, AND ANY OTHER ISSUES THAT ARISE IN THE DIVISION, WHICH WOULD HAVE BEEN THE SOUTHEASTERN DIVISION. Q. THAT'S WHERE YOU WERE STATIONED OUT OF? A. YES. Q. WHAT DOES SOUTHEASTERN DIVISION ENCOMPASS?10 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. A VARIETY OF SMALL COMMUNITIES. OCEAN VIEW, LINCOLN PARK, SKYLINE. EXCUSE ME, ENCANTO, SHELLTOWN, MARKET STREET AREA. Q. AT THE TIME OF SHELLTOWN, DID YOU RESPOND TO CALLS IN THAT AREA? A. YES. Q. ARE YOU FAMILIAR WITH A STREET GANG WITHIN SHELLTOWN? A, YES. Q. WHAT IS THEIR NAME? A. IN SHELLTOWN THERE'S TWO SUBSETS. THERE'S THE 38TH STREET AND THERE'S ALSO GAMMA. Q. WOULD THAT BE GAMMA, AFTER GAMMA STREET? A. CORRECT. Q. I'M GOING TO TAKE YOU BACK TO SEPTEMBER 13TH OF 2008. WERE YOU ON DUTY THAT EVENING? A. YES, I WAS. Q. DID YOU RECEIVE A CALL, APPROXIMATELY AT 9:30 IN THE EVENING, INVOLVING AN INCIDENT AROUND 4000 OCEAN VIEW BOULEVARD? A. YES. Q. WHAT WAS THE NATURE OF THAT CALL? A. IT WAS A REPORT OF GUNSHOTS. Q. WHERE WERE YOU WHEN YOU RECEIVED THE CALL? A. I WAS IN THE -- WHICH THEY CALL BEAT 441, WHICH IS THAT GENERAL VICINITY. Q. APPROXIMATELY HOW LONG DID IT TAKE YOU TO RESPOND TO THE SCENE OF THAT CALL?© ea aw oe 10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. WITHIN A MINUTE. Q. WHILE YOU WERE RESPONDING, DID YOU HEAR ANY GUNFIRE? A, I DID NOT HEAR ANY GUNFIRE. Q. WERE YOU ALONE OR WERE YOU WITH A PARTNER? A. I BELIEVE I WAS WITH A PARTNER AT THAT TIME. I CAN'T RECALL THE NAME, THOUGH. Q. | WHEN YOU RESPONDED TO 4000 OCEAN VIEW BOULEVARD, WHAT DID YOU SEE UPON ARRIVAL? A. THERE WAS A PARK. AND AT THE TOP OF A PARK -- AT ‘THE TOP OF A PARK I SAW ANOTHER OFFICER, AND HE WAS STANDING OVER A SUBJECT. Q. I'M GOING TO SHOW YOU WHAT'S NOW BEEN MARKED AS PEOPLE'S EXHIBIT 1. START WITH THIS ONE, IT'S AN OVERHEAD PHOTO. IS THIS THE AREA YOU RECOGNIZE AS THE PARK? A. YES. Q. CAN WE SEE THE 4000 BLOCK OF OCEAN VIEW BOULEVARD, OR IS IT JUST THE ENTIRE BLOCK OF THAT PARK? A. YOU CAN SEE IT FROM THE PHOTO. YES. Q. WHERE DID YOU RESPOND, OR WHAT ROUTE DID YOU TAKE TO THE CALL, THAT YOU CAN RECALL? A. CAN I POINT? Q. SURE. A. I CAN'T BELIEVE (SIC) WHICH DIRECTION I CAME FROM, BUT I KNOW I CAME UP THE PARK HERE IN THE PARKING LOT, DROVE NORTH ON THE SIDEWALK UP TO THE GRASSY TOP AREA OF THE PARK. AND YOU INDICATED, FOR THE RECORD, ENTERING FROMa wo 4s 10 1 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 27 28 WHAT WOULD BE THE SOUTH -- A, CORRECT. Q. -- INTO THE PARK, THROUGH WHAT'S SEEN AS A PARKING AND DRIVING UP, ACTUALLY, ONTO THE GRASS? A. YES, SIR. Q. HOW FAR UP THE GRASS DID YOU DRIVE? A, I WANT TO SAY IT'S MAYBE 40 YARDS. Q. ARE YOU FAMILIAR WITH THE LAYOUT OF THE PARK? A. YES, I AM. Q. DO YOU KNOW WHERE THE BATHROOMS ARE AND SOME OF THE PICNIC TABLES? A. YES. Q. DID YOU DRIVE UP TO THE BATHROOMS, OR DID YOU STOP BEFORE YOU GOT TO THE BATHROOMS? A, I DROVE DIRECTLY WHERE I SAW OFFICER EULER. Q. AND IF YOU COULD POINT OUT WHERE YOU SAW OFFICER EULER. A. ACTUALLY, THERE'S AN X RIGHT BY WHERE I SAW HIM, WHICH IS GREEN. GREEN X? YES. DID YOU DRIVE ALL THE WAY TO HIM? MAYBE A FEW FEET UP TO HIM. ONCE PARKING YOUR VEHICLE, WHAT DID YOU DO NEXT? ae ee . I EXITED MY VEHICLE, WENT UP TO OFFICER EULER. HE -- OBVIOUSLY, THERE WAS A KID ON THE GROUND WEARING A BLACK SHIRT AND TAN PANTS. HE WAS ROLLING AROUND IN PAIN. TO ME IT APPEARED HE WAS A VICTIM OF A GUNSHOT.10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q. HAVE YOU SEEN PEOPLE BEEN SHOT BY GUNS BEFORE? A. MANY TIMES. Q. WHAT DID YOU SEE UPON THIS PERSON THAT INDICAT! HAD BEEN SHOT? A. WELL, HE HAD TAN PANTS, AND THERE WAS BLOOD COMING OUT OF THE CROTCH AREA. Q. COULD YOU SEE ANY ENTRANCE WOUNDS OR EXIT WOUNDS? A. YOU KNOW WHAT? I DIDN'T REALLY EXAMINE IT AT THAT TIME. Q. WHAT OTHER PHYSICAL SIGNS OF INJURY DID YOU SEE UPON THIS PERSON? A. A GUNSHOT WOUND TO THE RIGHT SIDE OF HIS CHEST. I'M NOT SURE EXACTLY WHAT PART, BUT -- Q. WAS THIS IMMEDIATELY, OR WAS THIS UPON FURTHER INSPECTION? A. FURTHER INSPECTION. Q. WHAT WAS OFFICER EULER DOING, OR WHAT DID HE APPEAR TO BE DOING WITH THIS VICTIM? A. WELL, HE WAS JUST STANDING OVER HIM. I THINK HE JUST ARRIVED ON SCENE AND FOUND HIM. SO I BELIEVE HE WAS PUTTING IT OUT OVER THE AIR THAT HE HAD ALREADY LOCATED A SUBJECT. Q. WHAT DID YOU DO, INVOLVING THIS PERSON, WHEN YOU ARRIVED? A. WELL, HE WAS IN PAIN. I STARTED ASKING HIM QUESTIONS. Q. DID HE RESPOND TO ANY OF YOUR QUESTIONS? A. YES, HE DID.. © © 10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 Q. WHEN YOU WALKED THROUGH THIS, WHAT WAS THE FIRST THING YOU ASKED HIM, THAT YOU CAN RECALL? A. FIRST OF ALL, I ASKED HIM IF HE WAS OKAY. AND IT WAS OBVIOUS THAT HE WASN'T. Q. A. Q. A. Q. A. DID HE RESPOND VERBALLY AT ALL TO THAT QUESTION? HE KIND OF MOANED. DID HE APPEAR TO HAVE HIS WITS ABOUT HIM? NOT REALLY. WHAT WOULD MAKE YOU SAY THAT? WELL, ONCE AGAIN, HE WAS IN EXTREME PAIN. AND JUST ASKING HIM IF HE'S OKAY, YOU KNOW, OBVIOUSLY, WE'RE ALREADY CALLING POINT I Q. A. FOR PARAMEDICS BASED ON HIS INJURIES. AND AT THAT ASKED HIM WHAT HIS NAME WAS. WAS HE ABLE TO GIVE YOU HIS NAME? YES, HE WAS. WHAT WAS IT? CAN I REFER TO MY -- IF IT WOULD HELP YOU REFRESH YOUR RECOLLECTION. YES, IT WOULD. PLEASE DO SO AND LOOK UP WHEN YOU'RE DONE. WHAT IS HIS NAME? MOISES LOPEZ. DID YOU ASK ANY FURTHER QUESTIONS? I ASKED HIM WHAT HIS BIRTHDAY WAS. WAS HE ABLE TO GIVE YOU A RESPONSE? YES, HE WAS. WHAT WAS THAT RESPONSE? CAN I LOOK AT MY REPORT TO REFRESH MY --ese ne er H4 Hw cee 12 13 14 a5 16 a7 18 19 20 21 22 23 24 25 26 27 28 Q. FOR THE DETAILS, PLEASE. A. HE SAID OCTOBER 29TH OF 1992. Q. DID YOU CEASE QUESTIONING HIM AT THAT TIME, OR DID YOU CONTINUE ASKING HIM QUESTIONS? A. I CONTINUED TO ASK HIM QUESTIONS. Q. WHAT WAS THE NEXT THING YOU ASKED HIM? A. I ASKED HIM, "DO YOU KNOW WHO SHOT YoU?" Q. WHAT WAS HIS RESPONSE? A. HE SAID NO, HE DOESN'T. Q. DO YOU RECALL HIS EXACT WORDS? A. BASICALLY, LIKE, NO, I DON'T. Q. THE RESPONSES THAT HE WAS GIVING, COULD YOU DESCRIBE THE -- THE NATURE OF THEM? WHEN I SAY THAT, THE TONE, ANY EMOTION, IF HE HAD ANY DIFFICULTY OR WAS STRAINED, THINGS OF THAT NATURE. A. YEAH. IT WAS -- IT WAS STRAINED. IT WAS DIFFICULT, I -- I'M TELLING YOU THAT I ASKED HIM THE QUESTION. HE GAVE ME HIS NAME AND HIS BIRTH DATE, BUT IT TOOK ME SEVERAL TIMES TO ASK HIM, “HEY, WHAT'S YOUR NAME?" HE WOULD PAUSE. AND THEN I FINALLY WAS ABLE TO GET IT OUT, YOU KNOW, THROUGH THE MOANING AND THE GRUNTING, HIS NAME. Q. WAS THIS THE SAME FOR ASKING HIS BIRTH DATE? A. SAME THING. Q. AND, FINALLY, WAS THIS THE SAME FOR ASKING IF HE KNOW -- IF HE KNEW WHO DID THIS? A. YES. Q. DID YOU REMAIN WITH HIM UNTIL THE PARAMEDICS CAME? A. YES, I DID.ene aw 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q. BETWEEN THE TIME YOU ARRIVED AND CONTACTED MOISES AND THE TIME THE PARAMEDICS CAME, DID YOU ATTEMPT TO GIVE HIM ANY FIRST AID? A. AS FAR AS FOR ME, MYSELF, IT WAS BASICALLY JUST REASSURING HIM THAT EVERYTHING WAS GOING TO BE OKAY. THERE WASN'T A LOT OF BLOOD COMING OUT FROM HIS CROTCH AREA. I THINK -- I'M NOT SURE IF ONE OF US REMOVED HIS PANTS OR CUT HIS PANTS, BUT THE BLOOD WASN'T COMING OUT AS PROFUSELY, WHERE WE NEEDED TO APPLY PRESSURE. Q. ASIDE FROM YOURSELF AND OFFICER EULER, WERE THERE OTHER OFFICERS THAT JOINED YOU AT SOME PERIOD? A. YES. Q. APPROXIMATELY HOW MANY? A. ON A SHOOTING SCENE LIKE THAT, IT'S GOT TO BE WELL OVER TEN. I'M NOT SURE THE NUMBERS. Q. DO YOU REMEMBER HOW MANY CAME AND ASSISTED YOU WITH MOISES LOPEZ? A. IF I CAN -- MAYBE THREE OR FOUR THAT WERE ACTUALLY STANDING BY HIM. Q. DO YOU RECALL IF ANYBODY WAS TRYING TO GIVE HIM FIRST AID? A. YOU KNOW WHAT? I'M NOT SURE. THE PARAMEDICS GOT THERE, YOU KNOW, PRETTY QUICK. Q. WAS THERE ANYTHING YOU COULD DO TO RENDER FIRST AID TO HIM? A. AS FAR AS -- I'M NOT A DOCTOR. SO WHAT WE'RE BASICALLY TAUGHT, IF THERE'S, OBVIOUSLY, BLOOD COMING OUT OF A PARTICULAR AREA OF A BODY PART, APPLY PRESSURE.10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a Q. NOW, YOU'VE MENTIONED YOU SAW BLOOD IN THE CROTCH AREA OF MOISES'S PANTS AND A GUNSHOT WOUND. WHERE EXACTLY WAS THIS GUNSHOT WOUND THAT YOU SAW? A. AFTER THE PARAMEDICS GOT THERE OR PRIOR TO? Q. PRIOR TO. A. THERE WAS ALSO -- YOU KNOW WHAT? I -- WHEN I SAW HIM, BECAUSE HE WAS ROLLING AROUND, IT LOOKED LIKE THERE WAS BLOOD COMING FROM THE BACK OF HIS HEAD AND ALSO OUT OF HIS -- I COULDN'T REMEMBER WHICH EAR. Q. ONE OF HIS EARS? A. ONE OF HIS EARS. Q. THE CONDITION YOU SAW MOISES IN WHEN YOU CAME TO THE PARK, DID HE HAVE ANY OTHER INJURIES TO HIS CHEST, NECK, HEAD, OR FACE? A. I BELIEVE HIS FACE. Q. WHAT DO YOU RECALL OF HIS FACE? A. ABRASIONS. Q. ANY BLOOD? A. YOU KNOW, I DON'T RECALL IF THERE WAS ANY BLOOD. Q. AND YOU SAID YOU STAYED WITH HIM UNTIL THE PARAMEDICS ARRIVED? A. YES. Q. DID YOU RIDE WITH HIM TO THE HOSPITAL WITH THE PARAMEDICS? A. I DID NOT RIDE WITH HIM. Q. ONCE MOISES LOPEZ WAS TAKEN FROM THE SCENE, WHAT DID YOUR DUTIES CONSIST OF AT THAT POINT? A. BASICALLY, MADE -- PRESERVING THE AREA AS A CRIME» au ew 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 SCENE. Q. I'M GOING TO TAKE YOU BACK TO THE BEGINNING OF WHEN YOU RECEIVED THE CALL AND IN ROUTE TO THE PARK ITSELF. WHEN YOU GOT CLOSE ENOUGH TO THE PARK, DID YOU SEE ANYBODY LEAVING THE PARK? A. AS FAR AS CIVILIANS? Q. CORRECT. A, NO. I DID Nor. Q. ASIDE FROM OFFICER EULER, DID YOU SEE ANY OTHER POLICE OFFICERS -- A. YES. Q. + PRIOR TO YOUR ARRIVAL? A. I BELIEVE OFFICER EULER HAD A PARTNER. Q. WERE THOSE THE ONLY TWO OFFICERS YOU RECALL SEEING? A. AT THAT TIME, ARRIVING. YES. Q. DID YOU SEE ANY VEHICLES LEAVING THE PARK? A. NOT THAT I CAN RECALL. Q. WHEN YOU ARRIVED AT THE PARK, WAS THERE ANY FURTHER GUNFIRE? A, NO FURTHER GUNFIRE. Q. AND COULD YOU TELL THE JURY, FROM BEGINNING TO END -- FROM YOUR TIME OF DRIVING YOUR CAR INTO THE PARK TO SEEING MOISES LOPEZ TAKEN AWAY BY THE PARAMEDICS -- HOW LONG WOULD YOU SAY YOU WERE THERE? ‘A. AT THE WHOLE SCENE -- OH, I'M SORRY. CAN YOU REPHRASE THE QUESTION? Q. SURE. FROM THE TIME OF YOUR ARRIVAL OF DRIVING UP ONTO THE GRASS TO THE TIME THAT MOISES LOPEZ WAS TAKEN AWAY” 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 13 BY THE PARAMEDICS, HOW LONG WOULD YOU SAY YOU WERE THERE? A. LESS THAN TEN MINUTES. Q. ‘THANK You. I HAVE NOTHING FURTHER, YOUR HONOR. THE COURT: CROSS-EXAMINE? ANY QUESTIONS? MR. SPEREDELOZZI: YES, YOUR HONOR. CROSS-EXAMINATION BY MR. SPEREDELOZZI: Q. OFFICER LUJAN, I WANT TO TALK ABOUT THIS CONVERSATION YOU HAD WITH THE VICTIM WHEN YOU ARRIVED. YOU SAID THAT, WHEN YOU FIRST ARRIVED, YOU ASKED HIM IF HE WAS OKAY? A, NOT WHEN I FIRST ARRIVED. BUT, YEAH. I EVENTUALLY DID END UP ASKING HIM IF HE'S OKAY. Q. AND YOU DIDN'T GET A RESPONSE TO THAT QUESTION? A. MOANING AND GROANING. Q. JUST MOANING. AND THEN YOU ASKED HIM WHAT HIS NAME, was? AD ves" Q. AND YOU SAID ON DIRECT THAT IT TOOK YOU A FEW TIMES ‘TO GET THAT FROM HIM? A. CORRECT. Q. HOW MANY TIMES? A. I CAN'T RECALL. Q. WAS IT LESS THAN THREE? A. THREE OR FOUR, MAYBE. Q. THREE OR FOUR. BUT EVENTUALLY HE TOLD YOU HISew ne 10 a. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 A. YES. Q. AND DID YOU LATER CHECK TO SEE IF THE INFORMATION YOU GOT WAS ACCURATE? ‘A. WE WERE DOING A RECORDS CHECK ON THAT NAME. Q. AND WAS THAT NAME -- DID THAT COME UP IN YOUR RECORDS CHECK? A. I CAN'T RECALL IF IT DID OR DID NOT. Q. OKAY. AND, THEN, THE NEXT QUESTION YOU ASKED HIM WAS WHEN WAS HIS BIRTHDAY? A. CORRECT. Q. AND THAT WAS SO THAT YOU COULD CONTINUE TO DO YOUR RECORDS CHECK? A. CORRECT. Q. AND HOW MANY TIMES DID YOU ASK HIM THAT? A. PROBABLY THE SAME AMOUNT OF TIMES, THREE TO FOUR ‘TIMES. AND HE EVENTUALLY TOLD YOU OCTOBER 29TH, 1992? no yee. Q. AND DID THAT -- WAS THAT ACCURATE INFORMATION? A. YOU KNOW WHAT? I CAN'T RECALL IF IT WAS OR WAS NoT. Q. OKAY. AND, THEN, YOU ASKED HIM WHAT HAPPENED, AND HE DIDN'T ANSWER; RIGHT? A. CORRECT. Q. AND EVENTUALLY YOU ASKED HIM IF HE KNEW WHO SHOT HIM? A. CORRECT. Q. NOW, ON DIRECT YOU SAID IT TOOK YOU A FEW TIMES TO1 12 3 14 15 16 17 18 19 20 22 22 23 24 25 26 27 28 15 GET A LOT OF THESE QUESTIONS OUT. WAS THIS ONE OF THOSE QUESTIONS? A. YES. Q. AND HOW MANY TIMES? A. MAYBE TWO OR THREE TIMES ON THAT POINT, FOR THAT QUESTION. Q. OKAY. BUT HE EVENTUALLY DID ANSWER YOUR QUESTION? A ves) Q. AND HIS EXACT WORDS WERE, "I DON'T KNOW WHO SHOT ME"? A, THAT'S WHAT HE SAID. Q. OKAY. NOTHING FURTHER. ‘THE COURT: ANY OTHER QUESTIONS? MR. TROCHA: NO. THE COURT: ‘THANK YOU, OFFICER. NEXT WITNESS. MR. TROCHA: PEOPLE CALL OFFICER -- HIS FULL NAME, FOR THE RECORD, SAMUEL EULER. SAMUEL EULER, THE PEOPLE'S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS: ‘THE CLERK: PLEASE STATE YOUR NAME. THE WITNESS: SAMUEL EULER. LAST NAME, E-U-L-E-R. DIRECT EXAMINATION BY MR. TROCHA: Q. GOOD MORNING, OFFICER EULER. A. GOOD MORNING. Q. YOU'RE A POLICE OFFICER WITH THE SAN DIEGO POLICE16 DEPARTMENT? A. YES, I AM. Q. HOW LONG HAVE YOU BEEN SO? A. BEEN SO EMPLOYED FOR APPROXIMATELY THREE-AND-A-HALF Q. WHAT IS YOUR CURRENT ASSIGNMENT? A. I'M CURRENTLY ASSIGNED TO SOUTHEASTERN PATROL. Q. IS THAT THE SAME ASSIGNMENT YOU HAD IN SEPTEMBER OF A, YES, IT Is. Q. COULD YOU TELL US WHAT YOUR DUTIES CONSIST OF AS A PATROL OFFICER IN SOUTHEAST? A. AS A PATROL OFFICER, I RESPOND TO RADIO CALLS, INITIATE TRAFFIC STOPS, PEDESTRIAN CONTACTS. Q. AND WHAT AREA DO YOU SPECIFICALLY PATROL? A. THE WEST SIDE OF THE SOUTHEASTERN DIVISION, WHICH CONSISTS OF EVERYTHING WEST OF EUCLID, EAST OF THE 15 FREEWAY. Q. WHAT ARE SOME OF THE COMMUNITIES THAT YOU WOULD PATROL? A. MOUNTAIN VIEW IS ONE. LINCOLN PARK, SHELLTOWN, AND MOUNT HOPE. Q. ARE YOU FAMILIAR WITH AN AREA WITHIN SHELLTOWN KNOWN AS MOUNTAIN VIEW OR OCEAN VIEW PARK? A. YES. Q. HAVE YOU RESPONDED TO CALLS THERE IN THE PAST? A. YES, I HAVE. Q. IS THIS A FREQUENT PLACE OF YOUR PATROL?wero 10 nn 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 YES. WHY IS THAT? THERE'S A LOT OF CRIME IN THE AREA. TO A CALL IN THAT AREA? A. YES, I DID. Q. APPROXIMATELY WHAT TIME OF DAY WAS THAT CALL? A. IT WAS ABOUT 9:20 IN THE EVENING. Q. AND WHAT WAS THE NATURE OF THE CALL THAT YOU RECEIVED? A. IT WAS A CALL OF ABOUT 20 PEOPLE FIGHTING. You IN? A. I WAS IN THE LINCOLN PARK AREA AT THE TIME. Q. HOW LONG DID IT TAKE YOU TO RESPOND TO THE -- THE AREA OF THE CALL? A, IT WAS ABOUT FIVE MINUTES. Q. AS YOU WERE IN ROUTE TO THE CALL, DID YOU RECEIVE ANY UPDATES? A. NO. Q. WHILE YOU WERE GETTING CLOSER TO THE PARK ITSELF, DID ANYTHING UNUSUAL HAPPEN? A. YES. WHEN WE WERE AT 40TH AND OCEAN VIEW, WHICH SPLITS THE PARK ABOUT IN HALF, HEARD ABOUT FOUR TO FIVE GUNSHOTS TO THE NORTHEAST OF OUR LOCATION. Q. WHEN YOU SAY, "WE," WHO WERE YOU WITH? A. OFFICER WEAVER WAS IN A PATROL VEHICLE IN FRONT OF IN TERMS OF SEPTEMBER 13TH OF 2008, DID YOU RESPOND Q. WHEN YOU RECEIVED THAT CALL, WHAT PART OF TOWN WEREane wne x 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 18 Q. WERE YOU GUYS IN SINGLE CARS, JUST TWO OF THEM? A. YBS. Q. IF I COULD FOCUS YOUR ATTENTION TO THE DIAGRAM BEHIND YOU, PEOPLE'S EXHIBIT 1. CAN WE SEE THE INTERSECTION OF OCEAN VIEW AND 40TH? A. YES. Q. CAN YOU JUST POINT IT OUT FOR US? AND YOU HAVE DONE SO AT THE INTERSECTION OF OCEAN VIEW AND SOUTH 40TH STREET, FOR THE RECORD. WHEN YOU WERE IN THAT AREA, I'M ASSUMING -- WELL, YOU'RE COMING FROM LINCOLN PARK. SO YOU WOULD HAVE HAD TO COME FROM THE EAST? A. YES. Q. SO IT WOULD BE FROM THE TOP OF THAT DIAGRAM? A. CORRECT. FROM -- ON OCEAN VIEW HERE. Q. AND YOU'D HAVE TO DRIVE THROUGH BOTH SECTIONS OF THE PARK, WHERE THE ROAD FOLLOWS; CORRECT? A. YES, THAT'S CORRECT. Q. AS YOU WERE DOING THIS, PRIOR TO THE GUNFIRE, DID YOU SEE ANYBODY IN OR AROUND THE PARK? A. NO. I DID Nor. Q. ONCE YOU HEARD THE GUNFIRE, WHAT DID YOU DO? A. AT THAT POINT -- BECAUSE WE'D HEARD IT COMING FROM ABOUT THE NORTHEAST -- DROVE NORTH ON SOUTH 40TH, TOWARD FRANKLIN. Q. AS YOU DROVE UP SOUTH 40TH, DID YOU SEE ANYBODY ON THE STREET SURFACE? A. NO. I DID NOT.DID YOU SEE ANYBODY ON THE SIDEWALK? 10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DID YOU SEE ANYBODY IN THE PARK? Q A. NO. Q A. . I COULDN'T SEE ANYONE IN THE PARK. NO. Q. AS YOU DROVE TO THE CORNER OF FRANKLIN, DID YOU ‘TURN ON FRANKLIN? A. YES, I DID. Q. | WHEN YOU TURNED ON FRANKLIN, DID YOU SEE ANYBODY ON THE STREETS OF FRANKLIN? A. I DID NoT. Q. ANYBODY ON THE SIDEWALKS? A. NO. Q. ANYBODY IN THE PARK? A. NOT IMMEDIATELY. NO. Q. WHEN YOU SAY, "NOT IMMEDIATELY," COULD YOU EXPLAIN THAT FURTHER? A. AS WE PULLED UP, THERE'S A VEHICLE THAT WAS PARKED IN THIS DIRT ALLEY, THE EAST ALLEY OF THE PARK THERE. THE HEADLIGHTS WERE FACING NORTH, WHICH WERE RIGHT AT US AS WE TURNED ONTO FRANKLIN, WHICH OBSTRUCTED THE VIEW OF -- COMPLETE VIEW OF THE PARK. Q. HOW FAR DID YOU GO DOWN FRANKLIN BEFORE YOU STOPPED YOUR CAR? A, IT WAS LESS THAN -- I WOULD SAY ABOUT A HUNDRED FEET. Q. CAN YOU INDICATE -- LET'S MOVE ON TO A DIFFERENT DIAGRAM. MAYBE IT WILL BE EASIER. SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 2.DIFFERENT VIEW OF THE PARK. WOULD YOU AGREE? A. YES. Q. CAN YOU POINT OUT TO WHERE YOU BELIEVE YOU STOPPED YOUR CAR? A. I WOULD SAY ABOUT HERE. Q. AND YOU'VE DONE THAT IN AN AREA THAT'S GOT A BLACK BOX. SOMEBODY WROTE SOMETHING BELOW IT, SOUTH OF THE TREE -- OR, I'M SORRY, NORTH OF THE TREE. YES. CORRECT. DO YOU KNOW WHERE OFFICER WEAVER PARKED HIS CAR? YES. HE WAS RIGHT NEXT TO MINE. DID YOU SEE VEHICLES ON THE ROAD THAT YOU CAN THERE WERE VEHICLES PARKED ON THE SIDEWALKS. WERE THERE ANY VEHICLES DRIVING? NO VEHICLES DRIVING. AND ASIDE FROM THE ONE CAR YOU SAW IN THE ALLEY WITH THE LIGHTS ON, DID ANY OF THESE OTHER CARS HAVE THEIR LIGHTS ON? A. NO, Q. WHAT DID YOU SEE UPON LEAVING YOUR VEHICLE? A. AS I EXITED MY VEHICLE, I SAW A HISPANIC MALE RUNNING SOUTHBOUND THROUGH THE PARK. HE WAS WEARING A DARK BLUE, OVERSIZED SHIRT AND HAD DARK HAIR. Q. WHEN YOU SAY, "SOUTHBOUND THROUGH THE PARK," WAS IT THROUGH THE PARK OR DOWN THE DIRT ALLEY? A. I WAS RIGHT ON THE EDGE OF THE ALLEY ON THE PARK THERE.wera 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 Q. WERE YOU USING THE TREE AS COVER? A. YES. Q. DID YOU HAVE ANY WEAPONS DRAWN? A, DID. Q. WHAT WEAPON DID YOU HAVE? A, I HAD MY HANDGUN. Q. DID YOU SEE ANYBODY ELSE COMING OUT OF THE PARK, OTHER THAN THIS MALE RUNNING SOUTHBOUND? A, NO, I DID Nor. Q. WHAT DID YOU DO AFTER THAT? A. WE -- OFFICER WEAVER AND I MADE OUR WAY SOUTHBOUND THROUGH THE PARK, LOOKING FOR ANY VICTIMS OR POSSIBLE SHOOTERS. Q. DID YOU FIND ANYTHING OR ANYONE? A. LOCATED A MALE LAYING IN THE GRASS AT THE CREST OF THE HILL ON THE PARK. Q. HOW OLD WAS THIS -- DID THIS PERSON APPEAR TO BE? A. HE APPEARED TO BE ABOUT 20 YEARS OLD. Q. COULD YOU DESCRIBE THE CONDITION HE WAS IN WHEN YOU FIRST SAW HIM? A. YES. HE WAS LAYING ON HIS BACK. HE WAS GROANING AND ROLLING BACK AND FORTH. HE WAS BREATHING. I NOTICED HE HAD BLOOD SOAKING HIS JEANS FROM HIS -- OR HIS PANTS, RATHER, FROM ABOUT HIS WAIST TO HIS KNEES. Q. DID YOU SEE ANY OTHER PHYSICAL SIGNS OF INJURY UPON HIM? ‘A. HE HAD BLOOD COMING FROM HIS NOSE AND EARS, AS WELL AS BLOOD IN HIS MOUTH.10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q. DID YOU SEE ANY STAB WOUNDS, PUNCTURE WOUNDS, OR ANYTHING ELSE AT THAT TIME? A. NO, I DID Nor. Q. WHAT DID YOU DO UPON FINDING THIS PERSON? A. I MADE SURE HE WAS BREATHING AND HAD A PULSE, WHICH HE DID. LIKE I SAID, HE WAS GROANING, AND HE WAS BREATHING. HE WAS ROLLING BACK AND FORTH, SO I ATTEMPTED TO ASK HIM WHAT HAD HAPPENED OR WHO HAD DONE THIS TO HIM. HE -- HE DIDN'T RESPOND TO ME AT ALL. HE JUST CONTINUED GROANING AND ROLLING SIDE TO SIDE. Q. IS THIS -- AS THIS IS GOING ON, IS IT JUST YOU AND OFFICER WEAVER AT THE TIME? A. YES. Q. WAS OFFICER WEAVER RIGHT NEXT TO YOU AT THE TIME, OR WAS HE AT ANOTHER PLACE IN THE PARK? A, HE WAS ACTUALLY MAKING SURE THERE WAS NO ONE INSIDE THAT VEHICLE THAT WAS PARKED IN THE ALLEY, AND HE WAS CLEARING OTHER SECTIONS OF THE PARK NEAR US FOR SAFETY. Q. I WANT TO TALK ABOUT -- LET'S BREAK IT DOWN TO THE ‘TIME WHERE YOU'RE NOW WITH THE VICTIM. YOU HAVE MADE CONTACT WITH HIM. WAS THERE A TIME WHEN OTHER OFFICERS, OTHER THAN OFFICER WEAVER, JOINED YOU WITH THE VICTIM? A. YES. Q. HOW LONG DID THIS TAKE TO HAPPEN? A. I WOULD SAY AROUND A MINUTE OR LESS. Q. IN THE TIME FRAME BETWEEN -- WHO JOINED YOU? A. I REMEMBER OFFICER LUJAN AND OFFICER BLAZOK.Q. BLAZOK, IS THAT B-L-A-Z-0-K? A. YES, IT Is. Q. IN THE TIME FRAME FROM WHEN YOU CONTACTED THE VICTIM TO THE TIME THAT OFFICER LUJAN JOINED YOU, WHAT OCCURRED IN THAT PERIOD? A. I OBTAINED THE VICTIM'S NAME, BIRTH DATE, AND HE TOLD ME HE LIVED ON 38TH STREET. NOW, WHAT DID HE TELL YOU HIS NAME WAS? HE TOLD ME HIS NAME WAS LOPEZ. MOISES LOPEZ. WHAT WAS HIS BIRTH DATE? COULD I REFER TO MY REPORT? IF IT WOULD HELP YOU REFRESH YOUR RECOLLECTION. IT WOULD. HE TOLD ME HIS BIRTH DATE WAS OCTOBER 29TH, 1992. I GUESS YOU ALSO ASKED HIM WHERE HE LIVED? YES, I DID. WHAT DID HE TELL YOU? ALL HE TOLD ME WAS 38TH STREET. Q. DID YOU ASK HIM ANY QUESTIONS BEYOND THAT, PRIOR TO OFFICER LUJAN JOINING YOU? A. I ASKED HIM WHO HAD ASSAULTED HIM OR WHO HAD DONE IT TO HIM OR WHO IT WAS AND WHAT HAD HAPPENED. Q. DID HE PROVIDE AN ANSWER? A. HE DID NoT. Q. LET'S TAKE YOU THROUGH THESE QUESTIONS ONE AT A WHEN YOU ASKED HIM HIS NAME, WAS HE ABLE TO GIVE YOU AN IMMEDIATE RESPONSE?raw S wo 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24 ——————_—_— IT WAS SLOW, AND HE INITIALLY GAVE ME JUST HIS FIRST NAME. Q. DID YOU ASK MORE THAN ONE TIME? A. ID: Q. HOW MANY TIMES DO YOU RECALL ASKING? A, I RECALL ASKING AT LEAST FOUR TIMES. Q. AND NOW MOVING ON TO HIS BIRTH DATE. DID YOU -- HOW DID THAT RESPONSE COME FROM MOISES? A, SIMILAR TO HIS NAME. I HAD TO ASK MULTIPLE TIMES BEFORE I WAS ABLE TO GET HIS FULL BIRTH DATE. Q. WOULD THIS BE THE SAME FOR WHERE HE LIVED? A. YES. Q. AND, FINALLY, FOR -- HOW MANY TIMES DID YOU ASK HIM, "WHO ASSAULTED YoU?" A. BETWEEN THE OTHER QUESTIONS, I ASKED HIM FIRST WHO ASSAULTED HIM, WHAT HAD HAPPENED. NO RESPONSE. ASKED FOR HIS NAME. THEN I WANT BACK TO WHO HAD ASSAULTED HIM, THEN SAME WITH THE BIRTH DATE, THEN BACK TO WHO ASSAULTED HIM. Q. | WHAT WOULD YOU DESCRIBE HIS OVERALL DEMEANOR OR RESPONSES TO YOUR QUESTIONS? A. I WOULD SAY SOMEWHAT EVASIVE. HE WAS MORE FOCUSED ON -- SEEMED BREATHING AND GROANING AT THE TIME. Q. DID HE APPEAR TO BE IN PAIN? A. HE DID. Q. WHAT KIND OF PAIN? A. SEVERE PAIN. Q. DID YOU FURTHER INSPECT FOR ANY INJURIES DURING THIS TIME PERIOD?wrne aauwe 10 a2 12 13 14 1s 16 17 18 19 20 22 22 23 24 25 26 27 28 25 A. YES, I DID. Q. WHAT DID YOU FIND, IF ANY? A. I LOCATED TWO -- WHAT APPEARED TO BE SMALL-CALIBER GUNSHOT WOUNDS, ONE ON HIS LEFT SIDE AND ONE ON HIS RIGHT SIDE. AND I ALSO LOCATED A FEW -- COUPLE MARKS ON THE BACK OF HIS HEAD THAT APPEARED TO BE FROM BLUNT FORCE. Q. WHEN YOU SAY, "BLUNT FORCE," WHAT DO YOU MEAN BY THAT? A. BEING HIT WITH SOMETHING HEAVY. HEAVY OBJECT. Q. WHAT KIND OF MARKS DID THESE LEAVE, TO YOUR RECOLLECTION? A. FROM WHAT I REMEMBER, IT WAS ENOUGH TO PEEL THE SKIN BACK AND CAUSE SOMEWHAT OF A LIKE A CONTUSION, SCRAPE. Q. DO YOU HAVE ANY MEDICAL TRAINING, EMT OR OTHERWISE? A. I DO NOT. Q. BOY scours? A. NO. Q. HAVE YOU BEEN INJURED BEFORE? A. YES, I HAVE. Q. HAVE YOU HAD WHAT YOU WOULD DESCRIBE AS A CONTUSION? A. YES. Q. WHAT IS A CONTUSION, IN YOUR MIND? A. IT'S A COMBINATION BRUISE AND SCRAPE, WHERE YOU GET BLOOD, BUT YOU GET THE BRUISING OR YOU GET SWELLING. Q. YOU USE THE TERM, "SMALL-CALIBER GUNSHOT WOUNDS," AS WELL. HAVE YOU SEEN PEOPLE WHO HAVE BEEN SHOT BEFORE?earaue 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26 A. YES. Q. APPROXIMATELY HOW MANY TIMES? A. I WOULD SAY PROBABLY TWO DOZEN. Q. DO YOU HAVE ANY EXPERTISE IN BALLISTICS OR DETERMINING CALIBER OR THINGS OF THAT NATURE? A. I DO NOT, Q. DO YOU USE A GUN? A. YES, I DO. Q. WHEN YOU SAY, "SMALL CALIBER," WHAT WOULD BE A SMALL CALIBER? A. SMALL CALIBER BEING A .38 CALIBER OR A .22 CALIBER, 9-MILLIMETER PERHAPS. Q. WHAT KIND OF GUN DO YOU USE? A, I CARRY A 1911 .45 CALIBER. Q. A LARGER CALIBER, THEN? ves: Q. DID YOU STAY WITH MOISES LOPEZ UNTIL THE PARAMEDICS A. YES, I DID. Q. DID YOU STAY WITH HIM AFTER THE OTHER OFFICERS JOINED YOU? A. YES, I DID. Q. WHEN THE OTHER OFFICERS JOINED YOU, WHAT ACTIVITIES WERE TAKING PLACE REGARDING MOISES LOPEZ? A. AGAIN, WE WERE TRYING TO FIND OUT WHAT HAD HAPPENED, WHO HAD ASSAULTED HIM. AND ABOUT THAT TIME PARAMEDICS WERE ARRIVING, SO WE WERE MAKING WAY -- MAKING ROOM FOR THE PARAMEDICS.sown wee xau 10 ce 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 27 28 27 Q. WAS THERE A TIME -- YOU DESCRIBED MOISES LOPEZ WAS ALIVE? A. YES. Q. AND HE WAS CONSCIOUS? A ves) Q. WHEN YOU SAY HE WAS CONSCIOUS, WAS IT JUST THAT HE WAS AWAKE? A. YES. Q. DID HE APPEAR TO BE ALERT TO HIS SURROUNDINGS? A. JUST THAT PEOPLE WERE AROUND HIM. Q. WAS THERE A TIME THAT CHANGED? a vas: Q. | WHEN DID THAT CHANGE? A. AS THE PARAMEDICS WERE STARTING TO CUT HIS CLOTHES OFF TO GET BETTER ACCESS TO HIS INJURIES, I NOTED THAT HE ROLLED TO HIS STOMACH AND THEN TOOK ONE LAST DEEP BREATH, EXHALED, AND THEN I NOTICED HIS TORSO STOPPED MOVING, AS IF HE HAD STOPPED BREATHING. NO MORE CONTRACTION IN HIS TORSO. HIS MOUTH OPENED AND HUNG OPEN, AND HIS EYELIDS OPENED UP AND STAYED OPEN. Q. DID THAT CHANGE AT ANY TIME IN YOUR PRESENCE? A. NO. Q. WAS HE THEN TRANSPORTED TO THE HOSPITAL -- TRANSPORTED BY THE PARAMEDICS? A, YES, HE WAS. Q. DID YOU SEE ANY BLOOD IN THE PARK, OR WAS YOUR ATTENTION FOCUSED MORE ON MOISES LOPEZ? A, I WAS FOCUSED ON MOISES LOPEZ.JIN TERMS OF YOUR ARRIVAL WITH OFFICER WEAVER, YOU SAW A PERSON RUN FROM THE PARK; CORRECT? A. YES, I DID. Q. WHY DIDN'T YOU CHASE AFTER THAT PERSON INSTEAD OF TENDING TO MOISES LOPEZ? A. BECAUSE OF THE WAY THAT THE VEHICLE WAS PARKED, LIKE I HAD SAID BEFORE, THE HEADLIGHTS WERE SHINING AT US. I WAS NOT ABLE TO SEE VERY WELL PAST THAT VEHICLE. I SAW HIM RUNNING PAST, AND I DIDN'T KNOW IF THERE WERE OTHER PEOPLE BACK THERE, BEHIND THE VEHICLE. SO OFFICER WEAVER AND I WERE SLOW APPROACHING THROUGH THE PARK FOR SAFETY REASONS. Q. ONCE YOU FOUND MOISES LOPEZ ALIVE, DID YOUR PRIORITIES CHANGE? A. YES, Q. TO WHAT? A. TO STAYING WITH HIM TO MAKE SURE HE WAS ALIVE AND TO ASSIST IN KEEPING HIM THAT WAY UNTIL PARAMEDICS COULD ARRIVE. Q. UNDERSTANDING YOU FOUND HIM ALIVE, WOULD YOU HAVE LEFT HIM ALONE TO GO SEARCH FOR EVIDENCE OR PEOPLE? A. NO, NOT WITH -- NOT WITH THE INJURIES THAT HE HAD. Q. ONCE MOISES LOPEZ WAS TAKEN FROM THE PARK, DID YOUR DUTIES CHANGE? A. YES. Q. TO WHAT? A. AT THAT POINT I WAS MAINTAINING THE SCENE UNTIL RELEASED BY SUPERVISOR. Q. WHAT DOES THAT MEAN?10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A. JUST MAKING SURE NO ONE COMES INTO THE SCENE, MAKING SURE THERE'S NOTHING THAT NEEDS TO BE DONE OTHERWISE. COLLECTION OF EVIDENCE OR ANYTHING OF THAT NATURE. Q. OFFICER EULER, I HAVE SOME PHOTOGRAPHS THAT I'D LIKE TO SHOW YOU. BEAR WITH ME. AND, FOR THE RECORD, DID YOU TAKE ANY PHOTOGRAPHS THAT EVENING? A. I DID Nor. Q. I HAVE A STACK OF PHOTOGRAPHS I WILL BE HANDING YOU ONE AT A TIME. THE PHOTOGRAPH I'LL BE GIVING YOU IS WHAT I'LL ALSO BE SHOWING UP ON THE SCREEN. SO IF YOU REFER TO IT, I'LL BE REFERRING TO YOUR OWN PHOTO. IF I ASK YOU TO REFER TO SOMETHING FOR THE JURY, REFER TO THE PHOTO ITSELF. YOU UNDERSTAND? A. YES. (PEOPLE'S EXHIBIT NO. 4, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. SHOW YOU FIRST WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 4. DO YOU RECOGNIZE THAT AS BEING PART OF THE PARK? A. YES, I DO. Q. CAN WE SEE -- CAN WE SEE THE AREA YOU SAW MOISES LOPEZ? A. YES. Q. WHERE IS THAT? A. IT'S RIGHT NEAR WHERE THE NO. 2 INDICATOR IS. Q. I'M GOING TO ALSO SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 5.10 12 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 30 NOW, DO YOU RECOGNIZE THIS AREA OF THE PARK? A. YES. Q. IN TERMS OF THIS AREA, DID ANYTHING OCCUR AT THIS THIS IS WHERE THE PARAMEDICS WERE TENDING TO MOISES LOPEZ. Q. WAS MOISES LOPEZ MOVED FROM ONE AREA OF THE PARK TO ANOTHER WHILE YOU WERE THERE? A. NO. Q. AND THIS IS THE FIRST TIME YOU'VE SEEN THESE PHOTOGRAPHS? A. YES. CORRECT. Q. SO IN TERMS OF THE OBJECTS, WERE THEY SPREAD OUT THROUGHOUT THE PARK, TO THE BEST OF YOUR KNOWLEDGE, OR DID YOU HAVE ANY ROLE IN EVIDENCE COLLECTION? A. I DID NoT. (PEOPLE'S EXHIBIT NO. 6, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. I'LL SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 6. WOULD THIS BE ANOTHER VIEW OF PEOPLE'S 5? A. YES, IT Is. Q. FROM THIS VANTAGE POINT, CAN WE SEE 40TH AND FRANKLIN? A. YES. Q. IS THAT THE STREET INTERSECTION IN THE BACKGROUND? A. YES, IT Is.10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 Q. IF I WERE TO TAKE YOU BACK TO PEOPLE'S 5, CAN WE -- FROM THIS VANTAGE POINT, WHAT ARE WE LOOKING AT? A, FROM THIS POINT YOU CAN SEE THE VEHICLE THAT WAS IN THE ALLEY -- PARKED IN THE ALLEY THERE THAT HAD ITS HEADLIGHTS ON, WHICH NO LONGER ARE ON. Q. WE CAN SEE -- I GUESS IT WOULD BE THE DIRT ALLEY BEHIND IT? A. CORRECT. (PEOPLE'S EXHIBIT NO. 7, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. NOW, GOING BACK TO PEOPLE'S 6, I'M GOING TO TAKE YOU TO PEOPLE'S 7. DOES THIS APPEAR TO BE AN AREA, THEN, DOWN THE HILL, CLOSER TO THE INTERSECTION OF FRANKLIN AND 40TH? A. YES, IT DOES. Q. AND IT WOULD BE PEOPLE'S 4 FROM ANOTHER ANGLE; CORRECT? A. CORRECT. THE COURT: IS THERE A BETTER PLACE TO PUT THAT SO THEY DON'T HAVE TO STAND? COULD YOU PUT IT OVER HERE -- MR. TROCHA: WE CAN PUT IT ANYWHERE YOU WANT, YOUR HONOR. IF YOU WANT, I CAN MOVE IT RIGHT TO THE MIDDLE. THE COURT: BUT I WANT THESE GUYS TO BE ABLE TO SEE. WHY DON'T WE KEEP GOING AND THEN -- MR. TROCHA: OKAY. MAYBE PUSH IT CLOSER TO THE OFFICER. THE COURT: IF YOU HAVE NECK PAIN, YOU KNOW WHO TO22 23 24 25 26 27 28 32 BLAME. MR. TROCHA: I'M NOT LEGALLY RESPONSIBLE. Q. YOU WERE ALSO PRESENT WHEN THE -- THE PARAMEDICS CUT OFF HIS CLOTHING? A. YES. (PEOPLE'S EXHIBIT NO. 11, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 11. DOES THIS APPEAR TO BE THE CLOTHING YOU WERE REFERRING TO? A. YES. (PEOPLE'S EXHIBIT NO. 15, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. NOW SHOWING YOU WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 15. AGAIN, IS THIS MORE OF THE CLOTHING THAT THE PARAMEDICS HAD TO REMOVE? A. YES, IT Is. (PEOPLE'S EXHIBIT NO. 16, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. MOVING ON TO PEOPLE'S EXHIBIT 16, DO YOU RECOGNIZE ‘THE AREA DEPICTED IN THIS PHOTOGRAPH, OFFICER EULER? A. YES, I DO. Q. COULD YOU TELL THE JURY WHAT PART OF THE SCENE THIS WOULD BE?10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 33 A. THAT'S FRANKLIN AVENUE, THERE ON THE LEFT SIDE OF THE PHOTO. AND THOSE WITH TWO VEHICLES PARKED ON THE CURB THERE IS WHERE WE STOPPED OUR PATROL CARS. Q. DID YOU MOVE YOUR PATROL CARS, I GUESS, PRIOR TO THIS PHOTOGRAPH BEING TAKEN? no Yes) Q. DID YOU STAY AT THE SCENE THE ENTIRE TIME OR DID YOU LEAVE? A, NOT THE ENTIRE TIME. NO. I DID LEAVE. Q. WE CAN SEE THE TREE IN THE -- THE RIGHT SIDE OF THE PHOTOGRAPH? A. YES. Q. IS THAT THE TREE YOU USED AS COVER? A. YES. Q. I GUESS WE CAN ALSO SEE THE ALLEY IN THE BACKGROUND? A. YES. RIGHT ON -- YOU COULD SAY THE PHOTOGRAPHER'S SIDE OF THIS FENCE HERE IS THE ALLEY. (PEOPLE'S EXHIBIT NO. 17, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. NOW I'M GOING TO SHOW YOU PEOPLE'S 17. DO YOU RECOGNIZE THAT VEHICLE? A. YES, WHERE DO YOU RECOGNIZE THAT VEHICLE FROM? A. ‘THAT'S THE VEHICLE THAT WAS PARKED IN THE EAST ALLEY THERE, THE DIRT ALLEY, THAT HAD ITS HEADLIGHTS ON WHEN WE ARRIVED.10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34 Q. WAS -- DID YOU GO ANY FURTHER TO THE VEHICLE, OTHER THAN SEEING THAT THE HEADLIGHTS WERE ON? A. NO. Q. AT SOME POINT WAS YOUR ATTENTION CALLED TO AN INDIVIDUAL THAT HAD BEEN APPREHENDED IN THE PARK? A. YES. OFFICER REESE, R-E-E-S-E, HAD STOPPED A MALE THAT MATCHED THE DESCRIPTION I HAD PUT OUT OF A HISPANIC MALE WITH DARK HAIR, WEARING AN OVERSIZED BLUE SHIRT, THAT I HAD SEEN RUNNING THROUGH THE PARK. HE HAD DETAINED HIM, AND I WENT TO HIS LOCATION TO SEE IF I COULD TELL IF IT WAS THE PERSON I HAD SEEN. Q. WAS IT THE PERSON YOU HAD SEEN? A, I COULDN'T TELL FOR SURE, BECAUSE ALL I KNEW IS HE HAD THE DARK BLUE SHIRT ON, WHICH, THIS PERSON DID HAVE A DARK BLUE SHIRT. BUT THAT WAS THE LIMIT OF WHAT I COULD TELL. Q. WAS THAT ALSO THE LIMIT OF YOUR INVOLVEMENT WITH THAT PERSON? A. YES, IT WAS. MR. TROCHA: MAY I HAVE ONE MOMENT, YOUR HONOR? THE COURT: UH-HUH. MR. TROCHA: I HAVE NOTHING FURTHER OF THIS WITNESS, YOUR HONOR. THE COURT: ANY QUESTIONS? MR. SPEREDELOZZI: YES, YOUR HONOR. (CROSS-EXAMINATION BY MR, SPEREDELOZZI: Q. GOOD MORNING, OFFICER.10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 35 = A. GOOD MORNING. Q. WHEN YOU ARRIVED AT THE PARK, WAS THE PARK DARK? A. YES. MR. SPEREDELOZZI: MR. TROCHA, CAN I SEE YOUR EXHIBITS? MR. TROCHA: YES. MR. SPEREDELOZZI: ARE THOSE THE ONES YOU SHOWED HIM? MR. TROCHA: YES. ALL OF THESE. MR. SPEREDELOZZI: THANK YOU. CAN I SEE FIVE? MR. TROCHA: SURE. BY MR. SPEREDELOZZI: Q. OFFICER, SHOWING YOU EXHIBIT 5 -- PROSECUTION'S EXHIBIT 5 -- THERE APPEARS TO BE A LIGHT? A. YES. Q. THAT LIGHT'S A YELLOW LIGHT; RIGHT? CORRECT. WAS THAT LIGHT ON -- IT was. -- OR OFF? oo A. IT WAS ON. IT'S A STREETLIGHT FROM THE NEIGHBORHOOD NEXT TO THE PARK. Q. OKAY. YOU SEE EXHIBIT 5 HERE; RIGHT? A. YES. Q. THE -- IT LOOKS PRETTY CLEAR, AS THOUGH THE PHOTOGRAPHER OR SOME OTHER PERSON WAS FLOODING THE PARK WITH LIGHT. IS THAT ACCURATE? THAT WOULD BE MY GUESS. YES.10 a. 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 27 28 SO WHEN YOU ARRIVED THE PARK DIDN'T LOOK LIKE IT LOOKS IN EXHIBIT 5? A. THAT TREE SHIRT? A. Q. Q. No. IT WAS MUCH, MUCH DARKER? IT WAS DARKER. YES. AND THAT YELLOW LIGHT DIDN'T LIGHT THE PARK? NOT LIKE THIS. NO. NO. BUT IT WAS -- IT'S NOT A WHITE LIGHT? CORRECT. I CAN TAKE THIS BACK, THANK YOU, OFFICER. SO WHEN YOU FIRST GOT TO THE PARK, YOU HID BEHIND IN THE PARK; RIGHT? I WOULDN'T SAY HID, BUT, YES. I TOOK COVER BEHIND AND THAT'S WHEN YOU SAW THE MAN IN THE DARK BLUE YES. BUT YOU DIDN'T SEE HIS FACE THAT WELL? CORRECT. BECAUSE IT WAS TOO DARK? AND THE DISTANCE. YES. WHICH WAY WAS HE RUNNING? SOUTHBOUND. SOUTHBOUND WOULD BE AWAY -- IT WOULD BE AWAY FROM ME AND AWAY FROM FRANKLIN OKAY. SO YOU SAW THE BACK OF HIS HEAD? CORRECT.10 a 12 a3 14 as 16 17 18 19 20 21 22 23 24 25 26 27 28 37 Q. ALL RIGHT. AND WHAT WAS HIS BUILD? A. I COULDN'T TELL, I SAID HE HAD AN OVERSIZED SHIRT ON, SO I COULDN'T TELL IF HE WAS THIN OR NORMAL BUILD. Q. WAS HE RUNNING SOUTHBOUND, DOWN THE ALLEY? A. HE WAS RUNNING ALONG THE ALLEY. YES. Q. ALONG THE ALLEY. OKAY. SO WHEN YOU GOT TO THE YOUNG GENTLEMAN LAYING DOWN IN THE PARK -- WHICH WOULD BE AT EXHIBIT 5; RIGHT? A. CORRECT. Q. -- YOU ASKED HIM A SERIES OF QUESTIONS? A. YES. Q. YOU ASKED HIM HIS NAME? A. YES. Q. AND HE WAS ABLE TO TELL YOU HIS NAME? A. YES, HE WAS. Q. AND HE TOLD YOU HIS NAME WAS MOISES LOPEZ? A. CORRECT. Q. YOU ASKED HIM WHERE HE LIVED? A. YES, Q. AND HE TOLD YOU WHERE HE LIVED? A. HE TOLD ME A STREET. Q. HE TOLD YOU A STREET NAME? A. YES. Q. OKAY. AND THEN YOU ASKED HIM FOR HIS DATE OF A. YES. Q. AND HE WAS ABLE TO TELL YOU HIS DATE OF BIRTH? A. YES, HE WAS.era 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38 Q. WHAT HAPPEI A. Q. A. Q. NOTICE AN A. Q. A. Q. QUESTIONS? A. Q. A. Q. LUJAN ASKEI A. Q. A. Q. QUESTIONS? A. Q. WERE? AND ALL THE TIME YOU WERE TRYING TO ALSO FIND OUT NED? YES. BUT HE DIDN'T SAY? CORRECT. WHEN -- AFTER THAT HAPPENED, DID YOU -- DID YOU OFFICER NAMED OFFICER LUJAN ARRIVE AT THE SCENE? YES, I DID. YOU KNOW OFFICER LUJAN? I Do. YOU -- HE CAME AFTER YOU HAD ASKED HIM THESE AFTER AND WHILE I WAS ASKING HIM. OKAY. DID OFFICER LUJAN ASK HIM SOME QUESTIONS? I DON'T RECALL. OKAY. WOULD IT SURPRISE YOU TO HEAR THAT OFFICER 3D HIM SOME OF THE SAME QUESTIONS THAT YOU DID? No. IT WOULDN'T? NO, IT WOULDN'T. SO IT'S POSSIBLE THAT OFFICER LUJAN ASKED HIM SOME YES. IT IS POSSIBLE. OKAY. BUT YOU DON'T REMEMBER WHAT THOSE RESPONSES NO. I DON'T RECALL. ALL RIGHT. NOTHING FURTHER. THE COURT: ANY OTHER QUESTIONS?10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 39 MR. TROCHA: NO. THE COURT: NEXT WITNESS. MR. TROCHA: PEOPLE CALL DETECTIVE JOE HOWIE. JOSEPH HOWIE, THE PEOPLE'S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS: THE CLERK: PLEASE STATE YOUR NAME. THE WITNESS: IT'S JOSEPH HOWIE. H-O-W-I-E. DIRECT EXAMINATION BY MR. TROCHA: Q. GOOD MORNING, DETECTIVE HOWIE. A. GOOD MORNING. Q. YOU'RE A DETECTIVE WITH THE SAN DIEGO POLICE DEPARTMENT? _ ves. Q. I UNDERSTAND YOU'RE ALSO A SERGEANT? A vase Q. HOW LONG HAVE YOU BEEN A SERGEANT WITH THE SAN DIEGO POLICE DEPARTMENT? A. ABOUT BIGHT YEARS. Q. HOW LONG HAVE YOU BEEN A DETECTIVE? A. BEEN ON THE DEPARTMENT FOR 28 YEARS. ABOUT 18 OF THOSE AS A DETECTIVE. Q. WHAT IS YOUR CURRENT ASSIGNMENT AS A DETECTIVE, SERGEANT? A. I'M A SERGEANT OF ONE OF OUR HOMICIDE TEAMS. IT'S HOMICIDE TEAM FIVE. Q. WHAT ARE YOUR DUTIES AS A SERGEANT OF HOMICIDE TEAMFIVE? A. I SUPERVISE INDIVIDUALS, IN THIS CASE, FOUR DETECTIVES AND I COORDINATE INVESTIGATIONS OF HOMICIDES AND OTHER -- OTHER CASES, SUCH AS SUSPICIOUS DEATHS THAT COULD POSSIBLY BE HOMICIDES AND OFFICER-INVOLVED SHOOTINGS AND IN-CUSTODY DEATHS. Q. HOW MANY OTHER DETECTIVES ARE ON TEAM FIVE? A. ‘THERE ARE FOUR. Q. IS THAT INCLUDING YOURSELF OR IS THAT IN ADDITION TO YOURSELF? A, IN ADDITION. Q. ARE YOU FAMILIAR WITH A SHOOTING IN MOUNTAIN VIEW PARK INVOLVING THE DEATH OF MOISES LOPEZ? A. YES, SIR. Q. WAS THAT A -- AN INVESTIGATION ASSIGNED TO TEAM FIVE? A ves Q. CAN YOU TELL US THE DIFFERENCE BETWEEN BEING A DETECTIVE SERGEANT OF TEAM FIVE AND WHAT A CASE AGENT WOULD BE? A. WELL, A SERGEANT, HE OVERSEES THE CASE IN ITS ‘TOTALITY, AND THEN HE ASSIGNS SOMEONE TO BE A CASE AGENT. THAT CASE AGENT, GENERALLY, IS GOING TO BE THE DETECTIVE THAT IS ASSIGNED TO PROCESS THE CRIME SCENE. SO THEY'RE ACTUALLY IN A CRIME SCENE, COLLECTING EVIDENCE OR LOOKING FOR POTENTIAL ITEMS OF EVIDENCE. THEY DO OTHER THINGS, SUCH AS, THEY'RE ALWAYS THE ONES THAT GO TO THE AUTOPSY TO VIEW THE AUTOPSY OF THE -- THE DECEDENT, AND IF THAT CASE GOES10 1 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 27 28 41 UNSOLVED, THEN ULTIMATELY THEY'RE THE ONES WHO WILL WORK IT A LITTLE BIT AT A TIME. BUT INITIALLY THE OTHER MEMBERS -- THE OTHER THREE -- WILL DO MOST OF THE OTHER WORK, AS FAR AS CONTACTING WITNESSES. AND THE SERGEANT KIND OF OVERSEES THAT. Q. WERE YOU THE CASE AGENT IN THIS CASE? A. NO. Q. WHO Is? A. MICHAEL LAMBERT. Q. DID YOU MAKE THAT DETERMINATION, OR IS IT JUST KIND OF -- A, IT'S A ROTATION. Q. OKAY. IN TERMS OF THE INVESTIGATION OF THIS CASE, DID YOU RESPOND TO THE SCENE ON THE NIGHT OF THE MURDER? A. YES. Q. WAS THIS ON SEPTEMBER 13TH OF 2008? A YES” Q. APPROXIMATELY WHAT TIME DID YOU ARRIVE AT THE SCENE? A. ABOUT A QUARTER TO MIDNIGHT. Q. WERE THERE -- OTHER OFFICERS WERE ALREADY THERE? A. YES. Q. WHAT WERE YOU DOING AT THE SCENE? A. WELL, INITIALLY WHEN I GOT THERE, WE WAITED TO BE BRIEFED BY THE -- BY THE OFFICERS AND SUPERVISORS THAT INITIALLY RESPONDED, AND THEN I GAVE ASSIGNMENTS TO MY DETECTIVES. Q. DID YOU NOTIFY THE FAMILY OF MOISES LOPEZ?10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 42 A. IDID. YES. Q. DID YOU DO THIS PERSONALLY? A. YES, SIMON AND MAGDALENA -- I BELIEVE IT IS LOPEZ -- ACTUALLY CAME TO THE SCENE, LOOKING FOR THEIR SON, MOISES. Q. ARE YOU FAMILIAR WITH SEVERAL OF THE WITNESSES IN THIS CASE? A. YES, Q. ARE YOU FAMILIAR WITH THE FACT THAT THERE ARE TWO MAGDALENA LOPEZES IN THIS CASE? A, YES, THERE IS. Q. ONE IS A WITNESS AND THE OTHER IS MOISES'S MOTHER? A. RIGHT. ONE LIVES ON FRANKLIN AVENUE. RIGHT. THE WITNESS. Q. THE ONE YOU INTERVIEWED, THE ONE YOU INFORMED OF MOISES'S DEATH, THAT WAS NOT THE WITNESS? A. NO. Q. WHEN YOU INFORMED MOISES'S PARENTS, DID THEY GIVE YOU AN OPPORTUNITY TO LOOK AROUND OR TO SEARCH HIS BEDROOM? A. YES. ABOUT TWO HOURS LATER I WENT TO THEIR HOME. AND, ACTUALLY, WHEN I FIRST CONTACTED THEM, IT WAS JUST A LITTLE BIT PAST MIDNIGHT. AND I TOLD THEM THAT I DID NOT KNOW FOR CERTAIN IT WAS THEIR SON, BUT IT LIKELY WAS. AND, THEN, ABOUT 2:00 IN THE MORNING I WENT THERE. AND, ACTUALLY, THE MEDICAL EXAMINER INVESTIGATOR HAD JUST LEFT AND TOLD THEM IT WAS, IN FACT, THEIR SON. BUT -- SO THAT WAS ABOUT 2:00 IN THE MORNING, WHEN I WENT BACK AND SEARCHED THEIR SON'S ROOM. Q. DO YOU RECALL THE HOUSE OR THE ADDRESS THEY WERE10 a. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LIVING AT THE TIME? A. I BELIEVE IT WAS ON T STREET, LIKE THE 3800 BLOCK. BUT I'M NOT -- I'D HAVE TO REFER TO MY REPORT. Q. WAS HE LIVING ON 38TH STREET? A. NO, I DON'T KNOW. IT WASN'T 38TH STREET. IT WAS AN EAST-WEST STREET. 38TH IS NORTH-SOUTH. IT WAS PROBABLY -- IT MAY HAVE BEEN THE 3800 BLOCK OF -- I WAS THINKING T, BUT I'D HAVE TO REFER TO MY NOTES OR MY REPORT. Q. WOULD IT HELP YOU REFRESH YOUR RECOLLECTION TO LOOK AT A COPY OF YOUR REPORT? A. YBS. Q. DO YOU HAVE IT WITH YOU? BECAUSE I CAN SHOW YOU MINE. A D0. ft po Q. CAN YOU DO SO AND THEN JUST LOOK UP WHEN YOU'RE DONE? A. OKAY. AND WHAT IS THE ADDRESS THEY WERE LIVING AT AT THE ‘TIME? A. 3885 T -- T AS IN TOM -- STREET. Q. JUST THE LETTER? NOT, LIKE, TEA, AS THE DRINK? A. CORRECT. Q. WHEN YOU LOOKED THROUGH MOISES LOPEZ'S ROOM, DID YOU FIND ANYTHING OF INTEREST? A. YES. Q. WHAT DID YOU FIND? A. I FOUND SOME PAPERS THAT, IN MY -- IN MY OPINION INDICATED SOME GANG AFFILIATION -- STREET GANG AFFILIATION.ene eax ane 10 nn 12 13 14 as 16 a7 18 19 20 21 22 23 24 25 26 27 28 Q. WHAT SORT OF WRITINGS OR PAPERS DID YOU SEE? A. ‘THERE WAS ONE PIECE OF PAPER THAT HAD THE NUMBER 3-8 ON IT. THERE WAS ANOTHER PIECE OF PAPER THAT HAD THE NAME " sHITTOWN THAT HAD " " AND THERE WAS ANOTHER PIECE OF PAPER HAD SOME OTHER NUMBERS, LIKE AN X. AND I ACTUALLY DID NOT UNDERSTAND WHAT THAT WAS. IT JUST LOOKED VERY ODD. C," WHICH TO ME WOULD MEAN SOUTHEAST. AND THEN IT Q. DID YOU PASS THESE PAPERS ON TO -- WERE THESE ITEMS ‘TAKEN INTO EVIDENCE? A. YES. Q. DID YOU RECALL -- RECOVER ANYTHING THAT WOULD INDICATE MOISES LOPEZ, IN FACT, LIVED IN THE ROOM, OTHER THAN HIS PARENTS TELLING YOU HE DID? A. YES. THERE WAS SCHOOL -- SCHOOLWORK IN THEIR ROOM. AND, IN FACT, THE PAPER THAT HAD THE NUMBER 38 ON IT, IT WAS -- AS I RECALL, IT WAS A -- SOME SCHOOLWORK THAT HE WAS DOING. AND IT HAD THE NAME " (OISES L." WRITTEN ON IT. Q. WAS THIS THE ONLY TIME YOU RECOVERED ITEMS OF AN EVIDENTIARY VALUE FROM MOISES LOPEZ'S HOUSE, PARENTS, OR ROOM? A, I KNOW I WENT BACK AGAIN, BUT THIS IS -- I ONLY RECALL COLLECTING ITEMS THIS ONE TIME. Q. GOING BACK TO, ALSO, THE NIGHT OF SEPTEMBER 13TH AND THE NEXT DAY, SEPTEMBER 14TH, WERE YOU INVOLVED IN THE PROCESSING OR HANDLING OF VEHICLES FROM THE SCENE? A. I WASN'T INVOLVED IN HANDLING THEM, BUT I WAS WAS AWARE AND -- OF SOME VEHICLES AT THE SCENE. Q. WERE THESE VEHICLES LATER IMPOUNDED, TO YOUR i10 a 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 45 KNOWLEDGE? A. YES. WELL, I KNOW TWO -- THERE WERE FOUR VEHICLES OF INTEREST, AND, ACTUALLY, ALL FOUR WERE IMPOUNDED. Q. WERE YOU CALLED TO THE IMPOUND YARD AT SOME POINT ON THE 14TH? A. I WASN'T CALLED THERE, BUT I WAS CALLED BY AN OFFICER, PAUL GALANTE CALLED ME. AND -- WELL, ACTUALLY, HE CALLED OUR WATCH COMMANDER'S OFFICE, AND THEN THEY REFERRED HIM TO ME. AND ABOUT 6:00 IN THE MORNING ON THE -- OF THE 13TH. AND HE INFORMED ME THAT THERE WAS SOMEBODY IN THE ‘TRUNK OF ONE OF THE VEHICLES IMPOUNDED. Q. DID YOU GO CONTACT THIS PERSON THAT WAS IN THE ‘TRUNK OF ONE OF THE VEHICLES? A. I -- I ASKED IF THAT INDIVIDUAL WOULD BE WILLING TO COME TO THE POLICE DEPARTMENT. HE WAS, HIS NAME WAS VICTOR RAMOS. AND SO I CONTACTED HIM AT THE POLICE DEPARTMENT. Q. DID YOU INTERVIEW VICTOR RAMOS? a vee) Q. MORE THAN ONCE? A. YES. Q. IN TERMS OF VICTOR RAMOS'S CLOTHING, WAS HE WEARING CLOTHES -- A. YES. Q. | -- WHEN HE WAS BROUGHT TO THE POLICE DEPARTMENT? A. YES, SIR. Q. WERE ANY OF HIS ITEMS OF CLOTHING SEIZED OR TAKEN INTO EVIDENCE? A. YES,46 1 Q. DO YOU RECALL THE CLOTHING VICTOR RAMOS WAS 2] WEARING? 3 A. I REFERRED TO MY REPORT EARLIER TODAY, WHICH 4 | REFRESHED MY MEMORY. SO, YES. 5 Q. WHAT WAS HE WEARING OVER HIS WHOLE BODY? 6 A. HE HAD A LONG-SLEEVE -- I THINK IT WAS GRAY SHIRT, 7| HEAVIER -- NOT LIKE A T-SHIRT. A LITTLE HEAVIER THAN A 8| T-SHIRT. UNDERNEATH THAT, HE HAD A SLEEVELESS UNDERSHIRT. 9| HE HAD BLUE -- I KNOW HE HAD BLUE PANTS ON. I THINK THEY 10| WERE JEANS. HE HAD TENNIS SHOES. a Q. DID YOU DIRECT THAT ANY OF THESE ITEMS BE SEIZED? 12 ‘Ao vos 13 Q. WHICH ITEMS? 14 A. ALL OF THEM. 15 (PEOPLE'S EXHIBIT NO. 151, GRAY SHIRT, WAS MARKED 16 | FOR IDENTIFICATION.) 17] BY MR. TROCHA: 1s Q. I'M GOING TO SHOW YOU WHAT'S BEEN MARKED AS 19| PEOPLE'S EXHIBIT 151. 20 DO YOU RECOGNIZE PEOPLE'S 151? 21 A. YES. 22 Q. WHERE DO YOU RECOGNIZE IT FROM? 23 A. THAT'S THE OUTER SHIRT THAT MR. RAMOS WAS WEARING. 24 Q. WHEN MR. RAMOS WAS WEARING THIS SHIRT, WAS IT 25 | INSIDE-OUT, LIKE IT IS DEPICTED IN THE PEOPLE'S EXHIBIT, OR 26] WAS IT RIGHT-SIDE-oUT? 27 A, I BELIEVE IT BEING RIGHT-SIDE-OUT. 28 Q. WHAT, IN PARTICULAR -- WHY DID YOU SEIZE THESE10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47 ITEMS OF CLOTHING? A. I NOTED THAT ON THE BOTTOM OF THE SHIRT -- IT'S ACTUALLY ON THE -- AS I RECALL, ON THE INSIDE, THOUGH. BUT YOU COULD SEE A RED STAIN THAT I THOUGHT MIGHT BE BLOOD. Q. WE CAN SEE ON THIS SHIRT, AS IT SITS HERE TODAY, THERE ARE A BUNCH OF BLACK CIRCLES ALL OVER THE SHIRT; WOULD YOU AGREE? A. YES. Q. I'LL FLIP IT AROUND TO THE FRONT SIDE. I GUESS IT WOULD BE THE BACK SIDE. DO YOU SEE ADDITIONAL CIRCLES ON THIS END AS WELL? CORRECT? A ves. Q. DID YOU PUT THOSE CIRCLES THERE? A. NO. Q. WERE THEY THERE WHEN YOU SEIZED THE SHIRT? NO. Q. FLIP IT BACK TO THE FRONT. AS WE SIT HERE TODAY, CAN YOU NOTE THE AREA THAT YOU SAW THE STAIN? A. YES, Q. CAN YOU POINT IT OUT TO THE JURY? A. IT WAS THE BOTTOM, BOTTOM AREA HERE. Q. YOU'VE INDICATED THE BOTTOM PORTION OF THE SHIRT. IS THIS ALONG THE HEM OR ABOVE THE HEMLINE? A. ‘THE ONES THAT INITIALLY CAUGHT MY INTEREST WERE THE ONES DOWN ON THE HEMLINE, BUT I NOTED THAT THERE WERE OTHERS ON THE SHIRT.10 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 48 Q. AND YOU'VE INDICATED, FOR THE RECORD, THE INITIAL AREA WAS BY THE HEMLINE, WHERE WE CAN SEE BOTH A RED TAG AND A WHITE TAG? A. YES. Q. DID YOU SEIZE THESE ITEMS YOURSELF, OR DID YOU HAVE AN EVIDENCE PERSON COME AND COLLECT THEM? A. I COLLECTED THEM MYSELF AND THEN GAVE THEM TO THE EVIDENCE TECHNICIAN FOR IMPOUND. Q. HOW DID YOU GO ABOUT COLLECTING THEM? A, I HAD HIM REMOVE THEM, PUT THEM IN A BROWN PAPER -- IN A CLEAN, BROWN PAPER BAG AND SEALED THEM AND SECURED THEM UNTIL THE CRIME-SCENE SPECIALIST COULD TAKE THEM AND IMPOUND ‘THEM. Q. DETECTIVE HOWIE, I'M GOING TO SHOW YOU WHAT'S BEEN MARKED PEOPLE'S 153. WHAT IS IT? I'M SORRY. I THINK I GAVE YOU THE WRONG ONE. SORRY, DETECTIVE. I GOT AHEAD OF MYSELF. (PEOPLE'S EXHIBIT NO, 154, PAPER BAG, WAS MARKED FOR IDENTIFICATION.) BY MR. TROCHA: Q. SHOWING YOU WHAT'S BEEN MARKED AS PEOPLE'S 154. WHAT IS PEOPLE'S 154? A, THIS IS THE -- THE PAPER BAG THAT THE ITEM WAS PLACED IN INITIALLY. Q. AND ARE THERE NOTATIONS ON THE OUTSIDE INDICATING AS SUCH? A. YES, IT'S -- AND THIS IS MY WRITING. IT STATES THAT THERE'S A GRAY SHIRT AND A WHITE T-SHIRT COLLECTED BY ME10 1 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 ON SEPTEMBER 14TH, FROM VICTOR RAMOS. Q. AND WE CAN LOOK AT THE BAG'S CONDITION AS IT SITS HERE TODAY. IT LOOKED LIKE IT'S BEEN OPENED SEVERAL TIMES? A. YES, Q. THERE'S RED TAPE ON IT AS WELL; CORRECT? A. YES, Q. EXPLAIN TO THE JURY THE PROCESS OF WHAT HAPPENS WHEN AN ITEM OF EVIDENCE IS BOOKED IN AND THEN OPENED FOR LATER PURPOSES. A, WHEN AN ITEM IS -- IS COLLECTED AS EVIDENCE, IT'S SEALED. AND, SO, THIS -- HERE'S A SEAL AT THE TOP OF THE BAG THAT WOULD HAVE BEEN OPENED. AND THAT'S ACTUALLY THE SEAL THAT I PLACED ON IT WHEN I COLLECTED THIS ITEM. SO, SUBSEQUENT TO THAT, RATHER THAN BREAKING MY SEAL, OTHERS MIGHT LOOK AT THE EVIDENCE. FOR EXAMPLE, OUR CRIMINAL -- OUR CRIMINALISTS, WHEN THEY ANALYZE IT, THEY MAY LOOK INTO IT. SOMETIMES THE ATTORNEYS MIGHT COME AND REVIEW THE EVIDENCE, AND WE'RE GOING TO HAVE TO OPEN UP THE BAG. AND, SO, IT'S GOING TO BE -- NORMALLY, BUT NOT ALWAYS, BUT A NEW CUT. AND, THEN, WHEN THAT IS CLOSED BACK UP, A NEW SEAL WOULD BE PLACED ON THERE, SO THIS HAS TWO -- ACTUALLY -- THIS ACTUALLY HAS ONE, TWO -- AT LEAST THREE MORE TIMES IT WAS OPENED AND RESEALED. Q. AND THE PERSON THAT OPENS AND RESEALS IT, DO THEY THEN MAKE A NOTATION ALONG THE CUT LINE OR THE TAPE LINE ABOUT WHEN THAT OCCURRED AND WHO DID IT? A. YES, FOR EXAMPLE, HERE'S ONE. IT SAYS ON SEPTEMBER 16TH, 2008, IT WAS OPENED SO THAT IT COULD BEwer 9 10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 50 PHOTOGRAPHED. THE ITEM COULD BE PHOTOGRAPHED. Q. AND, DETECTIVE, WHY A BROWN PAPER BAG? A. WELL, YOU NEED AN ITEM THAT ALLOWS THE ITEM TO BREATHE. IF IT'S -- IF IT'S A SOILED ITEM, AND YOU PUT IT IN A PLASTIC BAG, IT'S GOING TO GET MILDEW, AND IT COULD DESTROY SOME OF THE EVIDENCE. SO PUT IT IN AN ITEM THAT WILL ALLOW IT TO BREATHE, DRY OUT. THANK YOU, DETECTIVE. ONE MOMENT, YOUR HONOR. IF I COULD JUST MAKE SURE. DETECTIVE, DID YOU PROCESS ANYTHING FROM THE CARS THEMSELF? A. I'M SORRY. REPEAT YOUR QUESTION. Q. SURE. DID YOU HAVE ANYTHING TO DO WITH THE CARS THEMSELVES, OR YOU WERE JUST CALLED IN BECAUSE OF THIS PERSON FOUND IN THE CAR? A. NOT -- I DID NOT PROCESS THE CARS. Q. OKAY. I HAVE NOTHING FURTHER, YOUR HONOR. THE COURT: ANY QUESTIONS? MR. SPEREDELOZZ: NO QUESTIONS AT THIS TIME. I'D ASK THE WITNESS BE SUBJECT TO RECALL. THE COURT: OKAY. SERGEANT, THANK YOU. NEXT WITNESS. MR. TROCHA: YOUR HONOR, THE PEOPLE CALL OFFICER GONZALEZ. THAT WOULD BE JOHN GONZALEZ. JOHN GONZALEZ, THE PEOPLE'S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS:10 1. 12 13 14 1s 16 17 18 a9 20 21 22 23 24 25 26 27 28 51 THE CLERK: PLEASE STATE YOUR NAME. THE WITNESS: JOHN GONZALEZ. THE CLERK: PLEASE SPELL BOTH YOUR FIRST AND LAST NAME. THE WITNESS: FIRST NAME, J-O-H-N. SECOND NAME IS G-O-N-Z-A-L-E-Z. DIRECT EXAMINATION BY MR. TROCHA: Q. GOOD MORNING, OFFICER GONZALEZ. A. GOOD MORNING, SIR. Q. YOU'RE AN OFFICER WITH THE SAN DIEGO POLICE DEPARTMENT? A. YES, SIR. I AM. Q. HOW LONG HAVE YOU BEEN SO? A. IT WILL BE THREE YEARS THIS MONTH. Q. WHAT IS YOUR CURRENT ASSIGNMENT? A. SOUTHEASTERN PATROL. Q. AND IS THAT -- HAS THAT BEEN YOUR ASSIGNMENT SINCE YOUR HIRE DATE? A. YES, SIR. Q. COULD YOU TELL US APPROXIMATELY WHAT ARE YOUR -- WHAT ARE YOUR DUTIES AS A SOUTHEASTERN PATROL OFFICER? A. I PATROL THE SOUTHEASTERN DIVISION, DO TRAFFIC CONTROL, ANSWER CALLS, INITIATE CONTACTS. JUST THE GENERAL PATROL STUFF. Q. ARE YOU FAMILIAR WITH A PART OF SOUTHEAST WHICH IS A PART CALLED MOUNTAIN VIEW PARK OR OCEAN VIEW PARK? A. YES, SIR. I AM.aw ® 10 ce 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 52 Q. HAVE YOU RESPONDED TO CALLS IN THAT AREA BEFORE? A. YES, SIR. Q. APPROXIMATELY HOW MANY? A. APPROXIMATELY, PERSONALLY, TEN. Q. GOING BACK TO SEPTEMBER 13TH OF 2008, WERE YOU CALLED OUT TO THAT AREA? A. YES, I WAS. Q. WHAT WAS THE PURPOSE OF YOU BEING CALLED TO THAT AREA? A. I WAS RIDING WITH A PARTNER AT THE TIME. WE RECEIVED A RADIO CALL OF SOMEONE HAD BEEN SHOT AT THE PARK. SO WE WENT OUT TO ASSIST THE PRIMARY UNITS WHO WERE ALREADY ON SCENE. Q. | WHEN YOU ARRIVED ON SCENE, APPROXIMATELY HOW MANY OTHER UNITS WERE THERE? A. THAT I DON’T RECALL. I KNOW WE TOOK A TRAFFIC CONTROL POSITION, AND WE BLOCKED OFF TRAFFIC TO ONE OF THE STREETS THERE. Q. DO YOU RECALL THE STREETS YOU WERE IN CHARGE OF? A. I BELIEVE IT WAS FRANKLIN. Q. FRANKLIN AND 40TH? A. 40TH AND FRANKLIN. YES, SIR. Q. I'LL SHOW YOU PEOPLE'S 2 BEHIND YOU, AN OVERHEAD PHOTO OF THE AREA. DO WE SEE THE CORNER OF FRANKLIN AND 40TH? A. YES. I KNOW WHERE IT'S AT. CAN YOU POINT IT OUT? A. IT WOULD BE RIGHT HERE.wear 9 10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 53 THAT AREA, THAT WOULD BE 40TH STREET, GOING NORTH-SOUTH? SO 40TH STREET'S HERE, SO I BLOCKED OFF THIS STREET AND WE -- WE CAN SEE A STREET UP HERE ON THE RIGHT SIDE, WE CAN ALSO SEE FRANKLIN AVENUE HERE ON THE BOTTOM; CORRECT? A, CORRECT. Q. THE STREET THAT YOU'VE INDICATED, THAT INTERSECTION, IS THAT A CONTINUATION OF FRANKLIN? A. CORRECT. Q. SO IT GOES UP AND OVER? A, YES, SIR. Q. DID YOUR DUTIES CHANGE AT SOME POINT ON SCENE? A. YES, SIR. THEY DID. Q. TO WHAT? A. I BECAME A ONE-MAN UNIT, AND I ALSO BECAME THE SCENE SCRIBE. Q. WHAT DOES IT MEAN TO BE THE SCRIBE? A. BASICALLY, I WAS IN CHARGE OF FINDING OUT WHAT OFFICERS WERE THERE, THEIR NAMES, THEIR ID'S, UNIT DESIGNATORS, AND WHAT THEIR POSITION WAS AS -- OR DUTIES WERE AT THE SCENE. Q. IS IT ALSO TO, I GUESS, TAKE ROLE OF WHEN A PERSON ENTERS THE SCENE AND WHEN THEY EXIT? A. CORRECT. Q. DO THEY HAVE TO CHECK IN AND OUT WITH YOU? A. YES, SIR.10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 54 Q. DID YOU DO ANYTHING ELSE WHILE AT THE SCENE? A, TOWARDS THE END OF THE CALL I WAS -- I ALSO STOOD BY WHILE THE DETECTIVES DID THEIR INVESTIGATION AND CONDUCTED EVIDENCE COLLECTION AND SO FORTH. I WAS ALSO ASKED BY THE DETECTIVES TO IMPOUND FOUR VEHICLES THAT WERE IN THE SCENE. Q. DO YOU RECALL WHERE THESE VEHICLES WERE ON THE SCENE? A. I DO RECALL. Q. APPROXIMATELY WHERE WERE THEY? A. TWO OF THEM WERE IN AN ALLEY, WHICH WOULD BE EAST OF THE PARK, IN AN ALLEYWAY. THERE WERE TWO OTHER ONES ON THE STREET, ON FRANKLIN, WHICH WOULD BE NORTH OF THE PARK. Q. DO YOU RECALL THE VEHICLE -- THE MAKES AND MODELS OF THE VEHICLES YOU IMPOUNDED? A. I DON’T RECALL OFF THE TOP OF MY HEAD. Q. WOULD IT HELP YOU REFRESH YOUR RECOLLECTION IF YOU WERE TO LOOK AT A COPY OF YOUR REPORT? A. YES, IT WOULD. Q. CAN YOU DO SO NOW, AND WHEN YOUR MEMORY IS REFRESHED, LOOK UP. A. OKAY. Q. WHAT ARE THE MAKES AND MODELS OF THE VEHICLES THAT WERE IMPOUNDED? ‘A. THERE WAS FOUR OF THEM. WE HAD TWO NISSANS, ONE MAXIMA, ONE GXE. THERE WAS ALSO A -- AN EL CAMINO, CHEVROLET EL CAMINO, AND A TOYOTA CAMRY. Q. OFFICER, LET'S START WITH THE TOYOTA CAMRY. I HAVE SOME PHOTOGRAPHS. AND LET'S MAKE SURE WE GET IT RIGHT. I'MGOING TO BE HANDING YOU THE PAPER COPIES OF THE PHOTOGRAPHS. A. OKAY. Q. | SHOWING YOU NOW WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 39. WHAT VEHICLE IS THAT ONE? A. OKAY. THAT LOOKS LIKE THE TOYOTA CAMRY. Q. IS THIS THE LOCATION YOU RECALL SEEING THE CAMRY, PRIOR TO IMPOUNDING IT? A. CORRECT. Q. | WHEN YOU IMPOUND THE CARS, DO YOU DO ANYTHING TO ‘THEM AT THE SCENE? A. IN A SITUATION LIKE THIS, IT'S AN EVIDENCE IMPOUND. SO WE DON'T TOUCH THEM, BECAUSE WE DON'T WANT TO CONTAMINATE ANY POSSIBLE EVIDENCE IN THE VEHICLE OR ON THE VEHICLE. sO WE TAKE A QUICK LOOK INSIDE WITHOUT -- MINIMIZING THE TOUCHING OF THE VEHICLE OR REMOVING ANYTHING -- AND THEN WE JUST IMPOUND IT. Q. IN TERMS OF THE VEHICLE'S CONDITION, LET'S SAY YOU GET A CAR WITH WINDOWS ROLLED DOWN. WOULD YOU ROLL THE WINDOWS BACK UP? ‘A MO. Q. WHY NOT? A. BECAUSE, AGAIN, WE DON'T WANT TO TOUCH THAT, BECAUSE THAT WOULD MEAN THAT I WOULD HAVE TO MAYBE TURN THE IGNITION ON. SO NOW I'M CONTAMINATING THE IGNITION AND THE BUTTONS ON THE WINDOW. Q. AS WE MOVE UP THE STREET ITSELF, I'M GOING TO SHOW YOU NOW WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 40. CAN WE SEE THE BACK OF THE CAMRY IN THATene 10 a. 12 13 14 15 16 a7 18 a9 20 21 22 23 24 25 26 27 28 56 PHOTOGRAPH? A. YES. Q. SO THIS WOULD INDICATE WE'RE MOVING FROM LEFT TO RIGHT AS WE WALK UP TOWARDS 40TH STREET? A. CORRECT. Q. WE CAN SEE A DIRT ALLEY IN THIS PHOTOGRAPH AS WELL? A. ‘THAT IS CORRECT. Q. | YOU MENTIONED AT LEAST ONE OF THE CARS WAS FOUND IN THAT DIRT ALLEY? A. CORRECT. Q. SKIP OVER THAT FOR NOW, BECAUSE I'M GOING TO SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S 41. AGAIN, WE'RE MOVING TO OUR RIGHT. CAN WE SEE ANY OTHER CARS IN THIS PHOTOGRAPH THAT WERE IMPOUNDED? A. YES, SIR. THAT WOULD BE THE EL CAMINO. Q. PEOPLE'S 42 WOULD BE A FULL VIEW OF THE EL CAMINO; CORRECT? A. CORRECT. Q. AND, AGAIN, THIS CAR WAS A -- AS WE SEE IT AT THE SCENE, IT WAS THE SAME WAY IT WAS WHEN YOU IMPOUNDED IT AT THE LOT? A. ‘THAT IS CORRECT. Q. AND MOVE ON TO PEOPLE'S 43. WHICH CAR IS THIS ONE, IF YOU KNOW? A. THIS LOOKS LIKE THE GXE, THE NISSAN. SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S 44. IT WOULD BE ANOTHER VIEW OF FRANKLIN. WOULD YOU AGREE?A. THAT IS CORRECT. THAT IS A VIEW OF FRANKLIN, LOOKING EASTBOUND. Q. WHAT CARS CAN WE SEE? WHEN WE'RE TALKING ABOUT CARS, I'M JUST GOING TO REFER TO THE ONES YOU IMPOUNDED. A, RIGHT. Q. CAN WE SEE ANY OF THE CARS IMPOUNDED IN THIS PICTURE? A. YES. I SEE THE EL CAMINO AND THE ORIGINAL TOYOTA THAT WE WERE TALKING ABOUT. Q. MOVING ON TO PEOPLE'S 45. IT WOULD BE ANOTHER VIEW OF THE SCENE; CORRECT? A. THAT IS CORRECT. Q. CAN WE SEE, AGAIN, THE CARS THAT WERE IMPOUNDED IN THIS PHOTOGRAPH? A. YES, SIR. Q. WHICH ONES? A. I CAN SEE THE BACK ENDS OF THE -- THE NISSAN, THE EL CAMINO, AND THE TOYOTA IN FRONT OF THE EL CAMINO. Q. IF I COULD GET YOU TO FOCUS ON THE TV FOR A SEC AND JUST POINT THEM OUT FOR THE JURY. A. SO YOU HAVE THE NISSAN HERE, THE EL CAMINO RIGHT HERE, AND THAT ONE UP FRONT IS THE TOYOTA. Q. AND YOU'VE INDICATED THOSE THREE CARS IN ORDER, FOR THE RECORD. (PEOPLE'S EXHIBIT NO. 46, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S 46. LET'Soe 2a & 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 58 GO BACK TO THE ALLEY. WOULD THIS BE THE ORIGINAL ALLEY WE WERE TALKING ABOUT? A. YES, Q. CAN WE SEE ANYTHING IN THAT ALLEY OF INTEREST, IN ‘TERMS OF YOUR DUTIES? A. YES. THE VEHICLE THAT'S RIGHT UP ON TOP OF THE HORIZON THERE, THE LITTLE ALLEYWAY, WITH THE DOORS OPEN, THAT'S ANOTHER VEHICLE I IMPOUNDED. Q. WHEN YOU WERE AT THE SCENE, WERE THE LIGHTS ON OR OFF ON THE VEHICLE? A. MY UNDERSTANDING IS THEY WERE ON. HOWEVER, I WAS ON THE OTHER SIDE. I WAS ON 40TH AND FRANKLIN, SO I NEVER REALLY SAW THE VEHICLE UNTIL I WAS ASKED TO IMPOUND IT. Q. AGAIN, WHEN WE'RE TALKING ABOUT THIS VEHICLE, DID YOU GO AND TURN THE LIGHTS OFF OR MAKE SURE THEY WERE ON OR OFF? A. NO, I DID NOT TOUCH IT. (PEOPLE'S EXHIBIT NO. 47, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. MOVE UP THE ALLEY. PEOPLE'S 47. THIS WOULD BE A CLOSER VIEW? A. YES, SIR. THAT'S THE VEHICLE. (PEOPLE'S EXHIBIT NO. 48, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR, TROCHA: Q. AND WE MOVE UP TO 48. THIS WOULD BE A CLOSER VIEWaaw 10 1. 12 13 14 15 16 17 18 219 20 21 22 23 24 25 26 27 28 59 STILL? A. YES, SIR. Q. NOW, WE CAN SEE THE VEHICLE'S DOORS ARE OPEN; IS ‘THAT CORRECT, OFFICER? A. YES, SIR. Q. AGAIN, WHEN WE GO BACK TO HOW THE CAR IS FOUND, DID YOU OPEN THESE DOORS? A. NO, SIR. Q. DID YOU CLOSE THESE DOORS? A. NO, SIR. Q. DID THEY CLOSE AT SOME POINT -- THE DOORS HAVE TO BE CLOSED AT SOME POINT? A. CORRECT. Q. WHEN THEY WERE TRANSPORTED? A. CORRECT. Q. THAT'S JUST NATURALLY GOING TO HAPPEN? A. YES, SIR. (PEOPLE'S EXHIBIT NO. 49, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: SHOW YOU WHAT'S BEEN MARK) AS PEOPLE'S 49. WOULD THIS BE THE SAME CAR WE'RE LOOKING AT? A. THAT'S CORRECT, SIR. THIS IS FROM THE -- THE BACK VIEW OF THE VEHICLE. Q. AND WHAT IS THE MAKE AND MODEL OF THIS CAR, FOR THE RECORD? A. THAT'S THE NISSAN MAXIMA. (PEOPLE'S EXHIBIT NO. 50, PHOTO, WAS MARKED FOR10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 60 IDENTIFICATION. ) BY MR. TROCHA: SHOW YOU NOW WHAT'S BEEN MARKED AS PEOPLE'S 50. IT'S A FRONTAL VIEW OF THE VEHICLE, LOOKING DOWN. AGREED? A. AGREED. Q. NOW, OFFICER, YOU DIDN'T TAKE ANY OF THESE PHOTOS, DID YoU? A. NO, SIR. I DID NOT. (PEOPLE'S EXHIBIT NO. 51, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 52, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 53, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 54, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. | SHOW YOU NOW -- WE'RE GOING TO MOVE BACK TO THE CAMRY. SHOW YOU PEOPLE'S 51, 52, 53, AND 54. I'M GOING TO HAND THEM ALL TO YOU AT THE SAME TIME. WE WILL GO THROUGH THEM ONE AT A TIME, THOUGH. A. OKAY. Q. DID THIS APPEAR TO BE THE CONDITION OF THE VEHICLE AS YOU FOUND IT AT THE SCENE? A. YES, SIR. Q. GO BACK To 51 IN THIS STACK, OR YOU CAN JUST USE THE -- THE TV BEHIND YOU, WHICHEVER IS EASIEST.won * 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 61 IT APPEARS FROM THE PHOTOGRAPH THAT AT LEAST THE FRONT PASSENGER WINDOW WAS ROLLED DOWN; IS THAT CORRECT, OFFICER? A. ‘THAT IS CORRECT. Q. AND GOING BACK TO WHAT YOU'VE TOLD US, YOU WOULD NOT HAVE ROLLED THAT WINDOW DOWN? A. CORRECT. Q. AND, AGAIN, YOU WOULD NOT HAVE ROLLED IT UP, EITHER? A. CORRECT. Q. I'M GOING TO GIVE YOU A HYPOTHETICAL, IF IT WAS RAINING OUTSIDE, WOULD YOU HAVE ROLLED IT UP? A, NOT IF -- IF THERE WAS SOME EVIDENCE INSIDE THAT WE WANTED TO PROTECT, MAYBE. BUT, NO. Q. WOULD THIS BE A CALL A DETECTIVE WOULD MAKE AND TELL YOU TO DO? YOU WOULDN'T DO IT ON YOUR OWN? A. CORRECT. I WOULD ACTUALLY ASK FIRST. Q. AS WE GO THROUGH THE PHOTOGRAPHS, WE CAN SEE ANOTHER PHOTOGRAPH OF THE PASSENGER'S SIDE OF THE CAMRY. ITEM -- PEOPLE'S 50, NO. 32. EXCUSE ME. PEOPLE'S 52. CORRECT, OFFICER? CORRECT. PEOPLE'S 53 IS ANOTHER VIEW OF THE VEHICLE? 2 oF YES, SIR. Q. AND PEOPLE'S 54 IS ANOTHER VIEW OF THE VEHICLE; CORRECT? A. YES, SIR. Q. BEST OF YOUR KNOWLEDGE, WERE THESE PHOTOGRAPHS, Iwera 10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 62 GUESS, TAKEN BEFORE YOU IMPOUNDED THE CAR? A. YES, SIR. Q. YOU DIDN'T IMPOUND IT, THEN TAKE IT BACK TO THE SCENE AND TAKE PICTURES? A. NO, SIR. NO. Q. I'M GOING TO HAND YOU ANOTHER STACK OF PHOTOGRAPHS. FOUR PHOTOGRAPHS, GOING FROM PEOPLE'S 55 TO 58. IF I COULD GET YOU TO REVIEW THESE. A. OKAY. (PEOPLE'S EXHIBIT NO. 55, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 56, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 57, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 58, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. YOU'VE DONE SO, OFFICER? A. YES, SIR. Q. START WITH PEOPLE'S 55. THIS WOULD BE A REAR VIEW OF THE EL CAMINO? A. YES, SIR. Q. WAS THERE STUFF IN THE BACK OF THE EL CAMINO THAT NEEDED TO BE SECURED OR ANYTHING LIKE THAT? A. I DON'T RECALL THAT, SIR. Q. IF THERE WAS, WOULD YOU HAVE DONE SO? A. AGAIN, DEPENDING ON WHAT IT WAS AND IF I WAS10 nn 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 63 INSTRUCTED TO BY THE DETECTIVES. Q. DO YOU RECALL BEING DIRECTED TO BY ANYBODY? A. NO, SIR. Q. MOVING TO PEOPLE'S 56. THIS WOULD BE A FRONT VIEW OF THE EL CAMINO? A. YES, SIR. Q. AGAIN, THIS IS THE PARK JOB THAT YOU SAW PRIOR TO IMPOUNDING? A. YES, SIR. Q. PEOPLE'S 57 IS A DRIVER'S-SIDE VIEW OF THE EL CAMINO? A. CORRECT. Q. AND PEOPLE'S 58 IS ANOTHER DRIVER'S-SIDE VIEW OF THE EL CAMINO; CORRECT? A. YES, SIR. Q. IN THIS PARTICULAR VIEW, IT LOOKS LIKE THE WINDOWS ARE ROLLED UP; AGREED? A. AGREED. Q. DID YOU HAVE KEYS TO ANY OF THESE VEHICLES? A. NO, SIR. I DID NOT. Q. DID YOU HAVE TO MAKE OR FORCE YOUR WAY INTO ANY OF THESE VEHICLES IN ORDER TO MOVE THEM? A. NO, SIR. Q. HOW DOES ONE, THEN, GO ABOUT MOVING A VEHICLE -- LET'S JUST ASSUME THIS EL CAMINO IS IN PARK, EMERGENCY BRAKE ON, WHAT HAVE YOU. DO YOU HAVE A FLATBED OR SOME SORT OF TRUCK THAT WOULD ENABLE YOU TO MOVE THESE VEHICLES WITHOUT HAVING TO ENTER THEM?10 1 12 3 14 15 16 ay 18 ag 20 21 22 23 24 25 26 27 28 64 A. YES. USUALLY WHEN THE TOW TRUCK DRIVERS GET THERE, IF THERE'S A SPECIFIC MANNER OR A SPECIFIC WAY THAT WE NEED ‘THEM TO PICK UP THE VEHICLES, THEY'RE PRETTY GOOD ABOUT DOING ALL THAT STUFF, AND THEY HAVE ALL THE PROPER TOOLS. I'VE SEEN THEM WHERE THEY CAN MOVE THE CAR WITH A -- LIKE, A ROLLER SKATE SETUP THAT THEY PUT ON THE WHEELS, SLIDE THE CAR OUT, ROLL IT UP ONTO THE FLATBED. Q. OKAY. I'LL SHOW YOU ANOTHER STACK OF FOUR PHOTOGRAPHS. PEOPLE'S 59, 60, 61, AND 62. IF YOU COULD REVIEW THOSE. A. OKAY. (PEOPLE'S EXHIBIT NO. 59, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO, 60, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 61, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 62, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. START WITH PEOPLE'S 59. IS THIS THE NISSAN GXE? A. YES, SIR. Q. AGAIN, DOES THIS APPEAR TO BE A -- HOW IT WAS SITUATED AT THE SCENE BEFORE YOU MOVED IT? A. ‘THAT'S CORRECT. Q. SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S 60. IT'S THE FRONT PASSENGER VIEW, LOOKING BACK. AGAIN, WE SEE A WINDOW ROLLED DOWN?10 an 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6s A. YES, SIR. Q. WE SEE DAMAGE TO THE FRONT END? A. CORRECT. Q. WAS THAT DAMAGE THERE PRIOR TO YOU IMPOUNDING IT? A. YES, SIR. Q. SHOWING YOU PEOPLE'S 61. IT'S A FRONT-SIDE VIEW OF THE DRIVER'S SIDE; AGREED? A. AGREED. Q. WE CAN SEE ANOTHER WINDOW THAT'S BEEN ROLLED DOWN. A. YES, SIR. Q. AGAIN, THIS IS A SIDE-VIEW OF THE DRIVER'S SIDE. WE CAN SEE MULTIPLE WINDOWS ROLLED DOWN; CORRECT? A. CORRECT, SIR. Q. WAS THIS THE CONDITION IT WAS IN PRIOR TO IMPOUNDING? A. YES, IT WAS. Q. I'LL GIVE YOU A STACK OF FOUR PHOTOGRAPHS. PEOPLE'S 63, 64, 65, AND 66. IF YOU COULD REVIEW THOSE. A. OKAY. (PEOPLE'S EXHIBIT NO. 63, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 64, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 65, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 66, PHOTO, WAS MARKED FOR IDENTIFICATION. )wane eene ® 10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 66 BY MR. TROCHA: Q. START WITH PEOPLE'S 63. WE'RE BACK AT THE NISSAN MAXIMA; CORRECT? A. THAT IS CORRECT, SIR. Q. IS THIS A FRONT VIEW OF THE CAR BEFORE IT WAS IMPOUNDED? A. YES, SIR. Q. SIXTY-FOUR. PEOPLE'S 64. IS THIS A DRIVER'S-SIDE VIEW OF THE CAR BEFORE IT WAS IMPOUNDED? A. YES, SIR. Q. YOU CAN SEE CERTAIN OBJECTS INSIDE THE VEHICLE; CORRECT? A. YES, SIR. Q. THOSE ITEMS, DID YOU INSPECT WHAT THEY WERE AT THE SCENE OR AT A LATER TIME? A. I NEVER -- I DID NOT INSPECT THEM. Q. OKAY. AS WE MOVE ON TO PEOPLE'S 65, THIS WOULD BE PASSENGER'S-SIDE VIEW OF THE SAME CAR? A. YES, SIR. Q. AND PEOPLE'S 66. THIS IS A VIEW OF THE OPEN TRUNK; CORRECT? A. ‘THAT IS CORRECT. Q. NOW, AS YOU LOOK AT PEOPLE'S 66, WAS THIS PHOTO TAKEN AT THE SCENE OR AT A DIFFERENT LOCATION? A, THIS WAS TAKEN AT A DIFFERENT LOCATION, SIR. Q. AND HOW DO WE KNOW IT'S A DIFFERENT LOCATION? A. ONE, IT WAS -- IT WAS EARLY IN THE MORNING Now, SO THIS IS AT THE IMPOUND LOT. AND YOU COULD SEE THE PRY MARKS10 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 67 WHERE WE HAD TO PRY THE TRUNK OPEN. Q. LET'S TALK ABOUT THIS, OFFICER GONZALEZ. A. OKAY. Q. WERE YOU WITH THE VEHICLES AS THEY WERE BEING IMPOUNDED? A. YES, SIR. I FOLLOWED THEM TO THE IMPOUND LOT. Q. WERE THEY ALL TOWED AT THE SAME TIME? A. YES, SIR. Q. DID YOU FOLLOW BEHIND IN YOUR POLICE CAR? A. YES, SIR. Q. HOW LONG DID IT TAKE YOU TO -- I DON'T WANT TO USE THE TERM "PROCESS," BUT INSPECT THE CARS AT THE SCENE, PRIOR TO YOU PHYSICALLY IMPOUNDING THEM AND MOVING THEM? A. ‘THEY WERE PRETTY MUCH THERE THE WHOLE NIGHT. THE WHOLE TIME THAT WE WERE THERE, WE SECURED THE SCENE. THE CARS DID NOT MOVE. NOBODY ELSE WENT IN OR AROUND THEM. Q. DID YOU HAVE TO GO AROUND THE CARS AT THE SCENE IN A -- AND FILL OUT A CHECKLIST OF HOW THEY LOOKED AT THE SCENE OR -- A. YES, SIR. Q. HOW LONG DOES THAT TAKE PER VEHICLE ABOUT? A. PER VEHICLE, MAYBE FIVE MINUTES PER VEHICLE. JUST TO GET ALL THE INFORMATION. Q. ARE YOU DOING THIS IN ABSOLUTE SILENCE? A. WHAT DO YOU MEAN, SIR? Q. WELL, I MEAN, ARE THERE PEOPLE AROUND YOU? ARE YOU TALKING TO PEOPLE? MAKING NOISE? A. AROUND THAT TIME PRETTY MUCH EVERYONE IS -- THEY'VEaw x 10 nn 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 68 GOT THEIR -- THEIR AREAS. AND THE ONLY ONES THAT ARE AROUND ARE THE DETECTIVES WHO ARE STILL LOOKING. BUT, YOU KNOW, THERE'S -- THERE'S SOME NOISE. Q. LET'S TALK ABOUT THE NISSAN MAXIMA ITSELF. HOW MUCH TIME WOULD YOU SAY YOU SPENT WITH IT AT THE SCENE, PRIOR TO IT BEING MOVED? A. PERSONALLY, I WOULD SAY MAYBE 15 MINUTES. Q. AND WERE YOU THE LAST OFFICER TO DEAL WITH THIS CAR BEFORE IT MADE ITS WAY TO THE IMPOUND LOT? A. YES, SIR. Q. WHILE YOU WERE MOVING AROUND THE CAR WITH THE DOORS OPEN, DID YOU HEAR ANY NOISES COMING FROM THE CAR? A. NO, SIR. Q. DID YOU HEAR ANYBODY SCREAMING FOR HELP? A. NO, SIR. Q. ANY BANGING? A. NO, SIR. Q. WAS THERE ANY INDICATION TO YOU THAT THERE WAS ANYBODY INSIDE THIS CAR? A. NO, SIR. Q. SO WE GO TO THE IMPOUND LOT WHILE THE -- I'M SURE THE TRUCK HAD TO HOOK IT UP AND DO CERTAIN THINGS; CORRECT? A. CORRECT. Q. WERE YOU PRESENT WHEN THAT HAPPENED? A. YES, SIR. Q. AS THIS WAS HAPPENING, DID YOU HEAR ANY NOISES FROM INSIDE THE CAR? A. NO, SIR.10 a. 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 69 ANY CRIES FOR HELP? NO, SIR. ANY BANGING? NONE. po POPS . $0 THE CAR IS MOVED FROM THE SCENE TO THE IMPOUND LOT; CORRECT? A, CORRECT. Q. WHERE IS YOUR IMPOUND LOT? A. IT'S AT THE EASTERN DIVISION, PRETTY CLOSE -- I DON'T KNOW THE ACTUAL ADDRESS -- TO THE LOT. BUT IT'S OUT AT OUR TRAFFIC DIVISION AREA. Q. CAN YOU GIVE THE JURY A GENERAL IDEA OF THE PART OF TOWN IT'S IN? A. IT WOULD BE NORTH OF THE QUALCOMM STADIUM. Q. SO UP AROUND AERO DRIVE, THAT AREA? A. CORRECT. Q. HOW LONG WOULD IT TAKE TO DRIVE -- DID IT TAKE YOU TO DRIVE FROM THE SCENE TO THE IMPOUND LOT? A. I WOULD SAY MAYBE 15 MINUTES, 20 MINUTES. Q. WHAT HAPPENS TO THE CARS ONCE THEY ENTER THE IMPOUND LOT? A. ONCE THEY ENTER THE IMPOUND LOT, I -- I HAVE TO LET THEM IN, I LOG IT INTO A JOURNAL THAT WE HAVE FOR ALL VEHICLES THAT ARE IMPOUNDED. I OPENED UP A -- A DIFFERENT GATE TO WHERE THEY CAN BE UNLOADED. Q. CARS HAVE THEIR OWN STALLS, OR HOW ARE THEY KEPT? A. IT'S JUST -- IT'S A LOT, AND THEY GET JUST DROPPED IN LIKE THEY WERE PARKED.Q. JUST SIMILAR TO, LIKE, A TOW YARD? A. CORRECT. Q. ANYTHING UNUSUAL HAPPEN WHEN YOU GOT TO THE IMPOUND LOT WITH THIS PARTICULAR CAR? A. YES. AS I'M JUST SITTING THERE, WAITING FOR THEM TO FINISH UP -- THEY WERE PRETTY MUCH DONE. THEY HAD UNLOADED ALL THE VEHICLES. I WAS JUST WAITING FOR HIM TO COME BACK TO TELL ME THAT THEY WERE DONE. I WAS GOING TO LOCK THE GATE. ONE OF THE TOW TRUCK DRIVERS RUNS UP TO MY CAR AND SAYS, "HEY, I THINK THERE'S SOMEONE IN THE CAR." DID HE TAKE YOU TO THE CAR HE TALKED ABOUT? YES, HE DID. WHEN YOU GOT TO THAT CAR, WAS IT THE NISSAN MAXIMA? YES, IT WAS. AND WHAT WAS GOING ON? WALKED UP TO THE CAR. I KNOCKED ON THE TRUNK, AND I GOT A RESPONSE. SOMEBODY YELLED FOR HELP. WERE YOU ABLE TO OPEN THE TRUNK? INITIALLY, NO. BUT WE WERE ABLE TO FINALLY PRY IT USING PRY BARS? YES, SIR. DID YOU GUYS TRY TO USE THE TRUNK RELEASE? YES, SIR. DID IT WORK? NO. IT DID NOT. DID YOU HAVE THE KEYS TO THIS CAR? I DID, BUT IT WOULDN'T WORK.~~ 2 3 aw 10 a1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 1 a Q. WHAT DID YOU FIND WHEN YOU PRIED OPEN THE TRUNK? A. ‘THERE WAS A HISPANIC MALE IN THE TRUNK. Q. DID YOU ALERT ANYONE FROM THE INVESTIGATION TEAM TO COME CONTACT THIS PERSON? A. ABSOLUTELY WE DID. Q. SO AS WE LOOK INTO THE TRUNK, ARE THESE THE ITEMS WITHOUT THE PERSON, AS YOU SAW THEM? A. CORRECT. CORRECT. Q. DID YOU SEIZE ANY ITEMS FROM THIS -- ANY OF THESE VEHICLES? A, NO, I DID NOT. Q. DID YOU DO AN INVENTORY OF THE VEHICLES? A. NO, SIR. Q. DO YOU KNOW IF ANYONE DID AN INVENTORY OF THE VEHICLES? A. I DO NOT KNOW PERSONALLY. Q. DID YOUR INVOLVEMENT WITH THESE VEHICLES END AT THIS POINT? A. NO, SIR. Q. WHAT FURTHER THINGS DID YOU Do? A. I ACCOMPANIED OFFICER GALANTE, WHO HAD ALSO FOLLOWED ME TO THE IMPOUND LOT. OFFICER GALANTE DETAINED THE INDIVIDUAL WHO WAS IN THE TRUNK BY THE NAME OF VICTOR RAMOS. HE WAS INSTRUCTED BY THE DETECTIVES TO GO AHEAD AND DETAIN HIM, BRING HIM DOWN TO HEADQUARTERS, AND THEY INTERVIEWED HIM. SO I FOLLOWED HIM DOWN THERE, AND THEY DID AN INTERVIEW ON MR. RAMOS. Q. SO IS THIS OFFICER PAUL GALANTE?10 a2 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 72 A. YES, SIR. Q. IS THIS G-A-L-A-N-T-E? A. YES, SIR. Q. WERE YOU WITH OFFICER GALANTE AND MR. RAMOS THE ENTIRE TIME FROM HIS RESCUE FROM THE TRUNK? . YES, SIR. I WAS. DID YOU TAKE ANY OF HIS CLOTHING OFF? I DID NOT, SIR. DID YOU PUT ANY CLOTHING ON HIM? I DID NOT. oP ORD P THE CONDITION HE ARRIVED IN, COMING OUT OF THE TRUNK, WAS THAT THE SAME CONDITION HE ARRIVED AT THE POLICE STATION? A. YES, SIR. Q. ‘THANK YOU, OFFICER. I HAVE NOTHING FURTHER, YOUR HONOR. THE COURT: DO YOU HAVE ANY QUESTIONS OF HIM? MR. SPEREDELOZZ: No QUESTIONS. THE COURT: THANK YOU. THANK YOU, OFFICER. LADIES AND GENTLEMEN, WE WILL GO AHEAD AND TAKE OUR MORNING RECESS. WHY DON'T WE AIM FOR 12 MINUTES. SO I'LL SEE YOU BACK AT 25 TO 11:00. (RECESS. ) THE COURT: BACK IN OPEN COURT. NEXT WITNESS. MR. TROCHA: THANK YOU, YOUR HONOR. THE PEOPLE CALL OFFICER CHAD CRENSHAW. CHAD CRENSHAW,1 rr * 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 73 THE PEOPLE'S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS: THE CLERK: PLEASE STATE YOUR NAME. THE WITNESS: CHAD CRENSHAW. THE CLERK: PLEASE SPELL YOUR LAST NAME. ‘THE WITNESS: C-R-E-N-S-H-A-W. DIRECT EXAMINATION BY MR. TROCHA: @. GOOD MORNING, OFFICER CRENSHAW. A. GOOD MORNING. Q. YOU'RE AN OFFICER WITH THE SAN DIEGO POLICE DEPARTMENT? A. YES, T AM. Q. HOW LONG HAVE YOU BEEN SO? A. SIX YEARS. Q. WHAT IS YOUR CURRENT ASSIGNMENT? A. CURRENT ASSIGNMENT IS SOUTHEASTERN DIVISION. Q. AND WHAT DO YOU DO FOR -- DOWN AT SOUTHEASTERN? A. JST OFFICER. JUVENILE SERVICES TEAM. Q. IS THAT GANG SUPPRESSION TEAM? A. NO. IT'S WORKING WITH JUVENILES IN THE SCHOOLS AND -- Q. ast? A, =~ JUVENILE CRIME. YES. Q. OKAY. HOW LONG HAVE YOU BEEN IN THAT ASSIGNMENT? A. APPROXIMATELY A YEAR NOW. Q. WHAT WERE YOU DOING PRIOR TO THAT ASSIGNMENT? A. PRIOR TO THAT I WORKED WITH OUR CST, CRIMESUPPRESSION TEAM, WHICH FOCUSED ON GANGS AND NARCOTICS IN THE SOUTHEASTERN DIVISION. Q. ARE YOU FAMILIAR WITH A PART OF TOWN CALLED SHELLTOWN? A. IAM. TI DRIVE THROUGH THERE EVERY DAY. Q. IS THIS PART OF YOUR BEAT, SO TO SPEAK? A. Tis. Q. ARE YOU FAMILIAR WITH MOUNTAIN VIEW, ALSO KNOWN AS OCEAN VIEW PARK? . YES, I AM. HAVE YOU RESPONDED TO CALLS IN THAT AREA -- NUMEROUS TIMES. -- OVER THE LAST SIX YEARS? YES. DO YOU -- YOUR LAST TWO MOST CURRENT ASSIGNMENTS YOU TO THAT PART OF TOWN? A. YES, THEY DO. FOR WHAT PURPOSE? MY CURRENT ASSIGNMENT, WORKING WITH JUVENILES, THERE ARE TWO SCHOOLS LOCATED REAL CLOSE TO THAT. SO I DRIVE BY THAT PARK EVERY DAY, NUMEROUS TIMES. Q. I'M GOING TO TAKE YOU BACK TO SEPTEMBER 13TH OF 2008. DID YOU RESPOND TO A CALL TO OCEAN VIEW PARK? A. YES, I DID. Q. AND WHAT WAS THE NATURE OF THE CALL THAT YOU RESPONDED TO? A. CALL CAME OUT OF SHOTS FIRED IN THE AREA. GUNSHOTSea ene 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 HEARD. Q. WHEN YOU ARRIVED UPON THE SCENE, WERE OTHER POLICE OFFICERS ALREADY THERE? A. YES, THEY WERE. Q. APPROXIMATELY HOW MANY? A. USUALLY WITH THOSE GUNSHOT CALLS, NUMEROUS -- EVERYONE GOES TO THOSE, OFFHAND, I DON'T RECALL HOW MANY. BUT I KNOW AT LEAST A COUPLE OTHER UNITS WERE THERE. Q. WHAT WERE YOUR DUTIES UPON ARRIVAL? A. SECURE THE SCENE AND LOOK FOR ANY EVIDENCE THAT WE COULD POSSIBLY FIND. Q. WHAT DOES IT MEAN TO SECURE THE SCENE? A. DEPENDING ON -- WELL, IN THIS PARTICULAR CASE WE HAD -- ANOTHER OFFICER LOCATED A VICTIM THAT WAS LAYING DOWN IN THE PARK. AND SO WE'RE GOING TO SHUT DOWN THE PARK, SECURE ANY EVIDENCE THAT MAY STILL BE IN THE PARK. Q. PUT UP CRIME-SCENE TAPE? A. PUT UP CRIME-SCENE TAPE, DO WITNESS CHECKS, TALK TO ALL THE PEOPLE IN THE SURROUNDING AREAS AND FIND OUT ANY INFORMATION THAT WE CAN. Q. DID YOU DO ANY SORT OF SEARCH OF THE PARK TO LOCATE ANY OF IT? A. YES. MY PARTNER AND I, OFFICER JOHN THOMPSON, WE DROVE DOWN THE -- JUST TO THE EAST OF THE PARK IS A DIRT ROAD, WHICH IS ACTUALLY THE WEST ALLEY OF CUYAMACA STREET. WE DROVE DOWN THAT DIRT ROAD AND LOCATED A VEHICLE DOWN THERE. Q. WHAT KIND OF VEHICLE DID YOU LOCATE?19 20 21 22 23 24 25 26 27 28 76 A. IT WAS A GREEN, FOUR-DOOR NISSAN MAXIMA. Q. I'M GOING TO SHOW YOU WHAT'S -- A SERIES OF PHOTOGRAPHS, WE'LL START WITH THOSE. TAKE A WHILE FOR THAT TV TO TURN ON. WHILE THAT HAPPENS, I'LL HAND YOU PEOPLE'S I'M GOING TO HAND YOU, ACTUALLY, A PHYSICAL COPY OF PEOPLE'S 17. A. ALL RIGHT. Q. IF YOU COULD LOOK AT THAT AND THEN -- PREFERABLY THE TV SCREEN. BUT IS THAT THE VEHICLE YOU WERE JUST DESCRIBING? A. YES. AND, IN FACT, THAT'S MY PATROL CAR BEHIND IT. Q. YOU CAN SEE THE LIGHTS OF IT IN THE FURTHER BACK? A. CORRECT. Q. WAS THERE ANYTHING PARTICULAR ABOUT THIS CAR THAT YOU CAN RECALL OR THAT DREW YOU TO THE CAR? A. THE FACT THAT THE HEADLIGHTS WERE STILL ON AND BOTH REAR DOORS WERE WIDE OPEN. Q. WHEN YOU CAME UPON THIS VEHICLE, DID YOU SEE ANYBODY IN OR AROUND THE VEHICLE? A. NO. Q. WAS THE CAR ON, OR WAS IT JUST THE LIGHTS WERE A. I DON'T RECALL THAT. Q. JUST THAT THE LIGHTS WERE ON IS WHAT YOU DO RECALL? A. YES. Q. WHAT DID YOU DO UPON FINDING THE CAR IN THIS CONDITION? ‘A. IMMEDIATELY LOOKED IN THE CAR TO SEE IF ANYONE WAS7 INSIDE AND THEN STARTED SEARCHING AROUND THE CAR FOR ANY DID YOU TOUCH ANYTHING IN THE CAR? 4 A, NO. I DID NOT. 5 Q. WHY NoT? 6 A, BECAUSE WE HAD A -- A MAN THAT WAS SHOT, LAYING IN 7| THE PARK, SO, THEREFORE, WE DON'T WANT TO DISTURB ANY 8 | EVIDENCE. 9 (PEOPLE'S EXHIBIT NO. 18, PHOTO, WAS MARKED FOR 10 | IDENTIFICATION.) 11] BY MR. TROCHA: 12 Q. I'M GOING TO SHOW YOU -- MOVE ON Now TO 13 | PEOPLE's 18. 14 DID YOU FIND ANY THINGS OF EVIDENTIARY VALUE AROUND 15] THE CAR? 16 A. YEAH, BEER CANS RIGHT NEAR PLACARD NO. 12. 17 | THERE'S A CAN THERE. THERE WAS ONE, I REMEMBER, JUST BEHIND 18 | THE TRUNK OF THE CAR A FEW FEET. AND, THEN, IN THE PARK, 19 | WHICH IS JUST TO THE EAST OF THE CAR THERE -- OR, I'M SORRY, 20| TO THE WEST OF THE CAR -- THERE WAS A 12-PACK OF BOTTLES AS 21 | WELL. BEER BOTTLES. 22 Q. LET'S TALK ABOUT THE BEER CANS FIRST THAT YOU SAW 23 | AROUND THE CAR. LET'S MOVE BACK TO PEOPLE'S 17. 24 CAN WE SEE ANYTHING NEAR THE FRONT OR UNDERNEATH 25 | THE CAR THAT YOU SAW THAT NIGHT? 26 A, YEAH. NEAR THE OTHER PLACARD AS WELL, NEAR THE 27| FRONT, DRIVER'S-SIDE TIRE, YOU CAN SEE A BEER CAN UNDERNEATH 28 | THE CAR THERE.10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 78 Q. WERE THESE ALL THE SAME BRAND OF BEER CANS? A. YES, THEY WERE, THEY WERE BUDWEISER BEER CANS. Q. WERE THEY EMPTY OR FULL? A. ‘THEY WERE EMPTY, THE ONES ON THE GROUND. Q. WE CAN SEE -- I GUESS 11 WOULD DENOTE THE ONE IN THE FRONT? A. CORRECT. AND, THEN, 12 IS THE ONE RIGHT NEXT TO THE PLACARD THERE. Q. NOW, WE SEE THESE PLACARDS. DID YOU PUT THE PLACARDS THERE? A. I DID Nor. Q. DID YOU MOVE THE BEER CANS AT ALL? A. I DID NoT. Q. DID YOU TOUCH THE BEER CANS AT ALL? A. NOT AT ALL. Q. DID YOU JUST LOOK AT THEM WITH YOUR EYES? A. I DID. SAID, "THERE'S THE BEER CANS." (PEOPLE'S EXHIBIT NO. 19, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: I'M GOING TO MOVE ON TO PEOPLE'S EXHIBIT 19. CAN WE SEE ANY ADDITIONAL ITEMS OF EVIDENTIARY VALUE IN THESE TWO PHOTOGRAPHS OR THIS PHOTOGRAPH? A. ANOTHER BEER CAN NEXT TO PLACARD NO. 13. AND I SEE PLACARD 14, BUT I'M NOT SURE WHAT THAT'S THERE FOR. Q. YOU DIDN'T INSPECT THAT? A. NO. I DID Nor. (PEOPLE'S EXHIBIT NO. 20, PHOTO, WAS MARKED FOR10 ar 12 13 14 1s 16 ay 18 19 20 21 22 23 24 25 26 27 28 79 IDENTIFICATION. ) BY MR. TROCHA: LET'S MOVE ON TO PEOPLE'S 20. CAN WE SEE ANY ITEMS IN PEOPLE'S 20? A. ANOTHER BEER CAN RIGHT NEAR PLACARD 15, WHICH IS JUST SOUTH IN THE ALLEY. Q. WERE THESE THE FOUR BEER CANS THAT YOU NOTED? A. YES, THEY ARE. Q. DID YOU FIND ANYTHING ELSE IN THE ALLEY BEER-CAN A. NOT THAT I RECALL IN THE ALLEY. NO. Q. YOU MENTIONED THERE WERE CERTAIN ITEMS IN THE PARK THAT YOU SAW; CORRECT? A. CORRECT. (PEOPLE'S EXHIBIT NO. 21, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. I'M GOING TO MOVE ON TO PEOPLE'S EXHIBIT 21. DO WE SEE ANY OF THOSE ITEMS IN THAT PHOTOGRAPH? A. YES, RIGHT NEAR THE BASE OF THE TREE THERE, NEAR THE PLACARD NO. 8, THERE'S A CARDBOARD PACKAGE OF BUDWEISER BEER BOTTLES. Q. AND WAS THIS ITEM IN THAT LOCATION WHEN YOU FIRST NOTED IT? A. YES, IT IS. I DID NOT TOUCH IT AT ALL. IN FACT, THERE WAS A -- THE CARTON WAS FULL OF BEER BOTTLES, AND THERE WAS ONE BEER BOTTLE YOU CAN SEE IN THE PICTURE SITTING ON TOP. AND THAT WAS HALF FULL.new ve ear 48 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q. SO IF YOU WERE STANDING AT THE -- THE REAR OF THAT CAR, YOU'D BE ABLE TO SEE -- WHAT, THOSE ITEMS ARE 10, 15 FEET AWAY FROM YOU? A. YEAH. IF THAT. SO PRETTY CLOSE. (PEOPLE'S EXHIBIT NO. 22, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. AND, IN FACT, IF WE SHOW YOU PEOPLE'S EXHIBIT 22, THAT WOULD BE A VIEW OF WHAT YOU WOULD SEE IF YOU STOOD BEHIND THE TRUCK -- TRUNK? A. CORRECT. (PEOPLE'S EXHIBIT NO, 23, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. IF WE MOVE ON TO PEOPLE'S 23, IS THIS A CLOSE-UP OF ‘THE ITEM THAT YOU'VE BEEN DESCRIBING? A. YES, IT Is. Q. AND, AGAIN, THE PLACARD, DID YOU PUT IT THERE? A. I DID Nor. Q. WE CAN SEE WHAT YOU'VE DESCRIBED AS A CASE OF BEER, A BEER ON TOP OF IT. AND WHAT IS THAT OTHER ITEM? NOT THE -- LET ME BE CLEAR. WHEN I SAY THE OTHER ITEM, THIS COLORFUL PACKAGING A. LOOKS LIKE CANDY OR POTATO CHIPS. I'M NOT SURE. Q. YOU DIDN'T FLIP IT OVER AND SEE? A. NO. Q. DID YOU TAKE A LOOK AT THE BEER ITSELF?10 Pee 12 13 14 1s 16 a7 18 19 20 21 22 23 24 25 26 27 28 A. EVEN WITH THE DARK BOTTLE, YOU COULD SEE WITH MY FLASHLIGHT THAT NIGHT THAT IT WAS HALF FULL. Q. A. LITTLE Q. a Q. COULD YOU TELL WHETHER IT WAS COLD? THERE WAS CONDENSATION ON IT, YOU KNOW. A. -- IT WAS STARTING TO BEAD UP LIKE THE BEER WAS COLD. LIKE SWEAT, WHERE THE BEER BOTTLE WOULD SWEAT? CORRECT. I NEVER TOUCHED IT, THOUGH. I'M GOING TO SHOW YOU ONE LAST PICTURE, OFFICER, INVOLVING THIS PARTICULAR ITEM. STANCE BOTTLE A. Q. BY MR. o> Oo PO Q. A. PEOPLE'S EXHIBIT 5. A FURTHER-AWAY PICTURE OR IN THE SCENE. CAN WE SEE THE BEER CASE AND BEER IN THIS PHOTOGRAPH? YES, WE CAN, UNDER THE TREES THERE. AND YOU'VE INDICATED AS SUCH FOR THE RECORD. NOTHING FURTHER, YOUR HONOR. THE COURT: ANY QUESTIONS? MR. SPEREDELOZZI: BRIEFLY. CROSS-EXAMINATION SPEREDELOZZI: OFFICER, YOU SAID THAT THE BEER WAS HALF FULL? CORRECT. AND THERE WAS CONDENSATION ON IT? CORRECT. WAS IT WARM THAT NIGHT? I DON'T RECALL IF IT WAS WARM OR NOT. OKAY. DO YOU REMEMBER THE DATE? NOT OFFHAND, BUT I HAVE THE REPORT IN FRONT OF ME. IF I MAY LOOK AT IT, I CAN TELL YOU THE NIGHT.10 1. 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 WITH FOLLOWS: Q. A. Q. a2 IF THAT WOULD REFRESH YOUR RECOLLECTION. YES. ALL RIGHT. IT'S SEPTEMBER 13TH OF 2008. OKAY. NOTHING FURTHER. THE COURT: THANK YOU, OFFICER. NEXT WITNESS. THE WITNESS: THANK YOU. MR. TROCHA: PEOPLE CALL OFFICER MARK LUCCHESI. MARK LUCCHESI, THE PEOPLE'S WITNESS, HAVING BEEN SWORN, TESTIFIED AS THE CLERK: PLEASE STATE YOUR NAME. ‘THE WITNESS: MARK LUCCHEST. ‘THE CLERK: PLEASE SPELL YOUR LAST NAME. THE WITNESS: L-U-C-C-H-E-S-I. DIRECT EXAMINATION BY MR. TROCHA: GOOD MORNING, OFFICER LUCCHESI. YEAH. LUCCHESI. LUCCHESI. HOW LONG HAVE YOU BEEN A POLICE OFFICER THE SAN DIEGO POLICE DEPARTMENT? A. Q. a Q. Q. Q. ALMOST EIGHT YEARS. WHAT IS YOUR CURRENT ASSIGNMENT? NOW I'M OUT IN NORTHEASTERN DIVISION. WHERE IS NORTHEASTERN DIVISION? UP BY RANCHO BERNARDO, PENASQUITOS AREA. HOW LONG HAVE YOU BEEN UP IN THAT DIVISION? A LITTLE OVER A YEAR. WHERE DID YOU WORK PRIOR TO THAT DIVISION?» aw ew wo 10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 83 A. SOUTHEAST. Q. HOW LONG DID YOU WORK IN SOUTHEAST? A. SIX-AND-A-HALF YEARS. Q. WHAT WAS YOUR ASSIGNMENT IN SOUTHEAST? A. PATROL. Q. ARE YOU FAMILIAR WITH WHAT'S KNOWN AS MOUNTAIN VIEW OR OCEAN VIEW PARK? A. YES. Q. HAVE YOU HAD THE OPPORTUNITY TO RESPOND TO CALLS AT THAT PARK? A. YES. Q. ABOUT HOW MANY HAVE YOU RESPONDED, OVER THE SIX YEARS YOU WERE AT SOUTHEASTERN? A. COULDN'T COUNT THEM. TOO MANY. Q. IN TERMS OF ONE PARTICULAR CALL, WERE YOU CALLED OUT ON SEPTEMBER 14TH OF 2008? A. YES. Q. AND WHAT WAS THE NATURE OF THAT CALL? A. THAT WAS A LADY THAT JUST -- SHE NOTICED A WHITE SHIRT UP ON HER HILLSIDE THAT POSSIBLY HAD BLOODSTAINS ON IT. Q. DO YOU RECALL THE LADY'S NAME? A. I'D HAVE TO LOOK AT MY REPORT FOR THAT. Q. IF IT WOULD HELP YOU REFRESH YOUR RECOLLECTION aS TO HER NAME. A. SURE. I'M NOT REALLY SURE HOW TO SAY HER FIRST NAME. HESNEYDA -- I'LL JUST SPELL IT, H-E-S-N-E-¥-D-A. AND THEN LAST NAME IS BUENDIA, B-U-E-N-D-I-A. Q. DID YOU RESPOND TO HER HOUSE THAT SHE WAS LIVING INwe eraune ene 10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AT THE TIME? A. YES. Q. DID SHE DIRECT YOU TO THESE OBJECTS THAT SHE WAS CALLING ABOUT? A. YES. Q. OFFICER, I'M GOING TO SHOW YOU A SERIES OF PHOTOGRAPHS DEPICTING THESE OBJECTS, AND WE'LL GO THROUGH THEM ONE AT A TIME. START WITH PEOPLE'S EXHIBIT 71. DO YOU RECOGNIZE WHAT'S DEPICTED IN PEOPLE'S 71? a YES. Q. CAN WE SEE YOU AND YOUR POLICE CAR, OR ARE YOU TAKING THE PHOTOGRAPH? A, I PROBABLY TOOK THE PHOTOGRAPH. Q. OKAY. CAN WE SEE YOUR POLICE CAR? A es Q. AND IS IT ONE OF THE TWO THAT WE SEE ON THE LEFT SIDE OF THE PHOTOGRAPH? A. YES. IT MUST BE. Q. YOU DIDN'T WALK THERE; RIGHT? A. NO, I DIDN'T. Q. DID YOU PARK IN FRONT OF MS. BUENIDA'S HOUSE? A. YES, Q. WHEN YOU GOT TO MS. BUENIDA'S HOUSE, WHERE DID SHE DIRECT YOU? A, TO THE BACKYARD. Q. AND, IN ORDER TO GET THERE, DID YOU GO THROUGH HER HOUSE, OR DID YOU GO THROUGH THE SIDE?Se @e@ a4 ew a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as A. NO, I WENT THROUGH HER SIDE YARD. Q. DID YOU SEE ANYTHING OF INTEREST AS YOU WALKED BACK THROUGH THE SIDE YARD TO THE BACKYARD? A, YEAH. SHE HAD POINTED OUT A -- IT'S A WOODEN RAMP THAT SHE SAID HAD BLOODSTAINS ON IT. Q. DID YOU SEE ANY BLOODSTAINS? A. YES. Q. AS YOU PROCEEDED FURTHER BACK INTO THE BACKYARD, DID SHE POINT ANYTHING ELSE OUT TO YOU? A. YEAH. THAT'S WHEN SHE POINTED OUT A -- IT'S A CHILDREN'S INFLATABLE POOL THAT HAD BLOODSTAINS ON THE SIDE oF IT. Q. DID YOU ULTIMATELY SEE A T-SHIRT IN THE AREA AS WELL? A. YEAH. THAT WAS JUST IN THE HILLSIDE, IN CLOSE PROXIMITY OF THE CHILDREN'S POOL. Q. BEFORE WE GO ANY FARTHER, OFFICER LUCCHESI, DID YOU RECEIVE TRAINING IN THE ACADEMY OR PAST THE ACADEMY ON RECOVERING BLOODSTAIN-TYPE EVIDENCE? A. YES. Q. WHAT DID THAT TRAINING CONSIST OF? A. OF JUST TAKING DNA SWABS. Q. COULD YOU INFORM THE JURY OF WHAT YOU MEAN BY A DNA SWAB? A. WELL, IT'S JUST, LIKE, A LITTLE COTTON -- I DON'T KNOW EVEN WHAT IT YOU WOULD CALL IT. BUT, ANYWAY, YOU JUST TAKE IT ON THERE. IT'S WET, AND THEN YOU JUST SWAB IT INTO THE BLOOD AND IMPOUND IT.86 Q. IS IT SEALED UP IN ANY SORT OF WAY? A. YEAH. IT'S SEALED UP IN A LITTLE -- LIKE A PLASTIC TUBE, IF I REMEMBER CORRECTLY. Q. DOES THE SWAB ITSELF LOOK LIKE A LARGE Q-TIP? A. YEAH. IT DOES. Q. IN ORDER TO DO SO -- AND LET'S JUST SAY I FIND A -- WHAT I THINK IS A BLOODSTAIN ON MY NOTEBOOK. HOW WOULD I GO ABOUT COLLECTING THAT, IF I DIDN'T WANT TO TAKE THE NOTEBOOK WITH ME? A. WELL, THEY HAVE THE -- THE WHOLE LITTLE DNA KIT. AND IN THAT IS LIKE WHAT YOU SAID, IT LOOKS LIKE A LITTLE -- LITERALLY, LIKE A LITTLE Q-TIP. AND IT JUST HAS A LITTLE COTTON PIECE ON THE END OF IT. SO -- I CAN'T REMEMBER IF YOU GET IT WET, IF IT HAS SOME KIND OF LIQUID IN THERE WITH IT, OR YOU JUST WET IT WITH WATER. ANYWAY, YOU TAKE IT AND JUST DIP IT ON THE BLOODSTAIN AND THEN JUST IMPOUND IT AFTER IT's AFTER IT'S DIPPED IN THERE. Q. HOW MANY TIMES HAVE YOU DONE THESE DNA-TYPE SWABS OVER THE YEARS? A. COUNTLESS, I COULDN'T GIVE YOU A NUMBER, BUT IT'S BEEN A LOT. Q. IT’S DONE IN ACCORDANCE WITH YOUR TRAINING? A. YES. Q. WHERE DO YOU GET THE -- THE Q-TIP KIND OF SWABS FROM? A. TT COMES IN A DNA KIT THAT -- IT -- THAT YOU GET AT ‘THE SUBSTATION. Q. AT THE POLICE DEPARTMENT?1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. OR AT THE POLICE DEPARTMENT. YEAH. Q. YOU DON'T Go BUY YOUR OWN? A. NO. Q. OKAY. MOVING ON THROUGH THE PHOTOGRAPHS, THEN, LET ME SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S 72. DOES THIS APPEAR TO BE A FRONTAL VIEW OF THE HOUSE THAT WE WERE TALKING ABOUT? A. YES, IT Is. Q. PEOPLE'S 73. DOES THIS APPEAR TO BE A SIDE VIEW OF THE HOUSE WE'RE TALKING ABOUT? A. YES. Q. IN THIS PHOTOGRAPH WE SEE TWO POLICE OFFICERS STANDING IN A LOCATION; CORRECT? A. YES. Q. FROM YOUR RECOLLECTION, WHAT WOULD YOU BE ABLE TO SEE FROM THAT LOCATION, IN REFERENCE TO WHAT YOU'RE HERE TO TESTIFY ABOUT TODAY? A. WELL, I'M -- WHERE I'M STANDING IS -- JUST RIGHT IN FRONT OF ME IS WHERE THE -- THE T-SHIRT WAS. RIGHT ON THE HILLSIDE, ON THOSE DEAD LEAVES. AND, THEN, IF YOU LOOK DOWN INTO THE THE BACK PART OF THE YARD, THAT'S WHERE THAT CHILDREN'S POOL IS. AND, THEN, YOU COULD ALSO SEE STRAIGHT DOWN THE PENCE LINE RIGHT THERE, OUT INTO THE ENTRANCE OF THE HOUSE AND THE SIDE, THAT'S WHERE THAT LITTLE WOODEN RAMP THAT SHE POINTED OUT WAS THAT HAD THE BLOODSTAINS ON IT. Q. I'M GOING TO HAND YOU NOW WHAT'S BEEN MARKED AS PEOPLE'S 74. DOES THIS APPEAR TO BE THAT LOCATION WE WERE JUST DISCUSSING WHERE THE OFFICERS WERE STANDING?10 12 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 YEAH, THAT'S PRETTY MUCH WHERE I WAS STANDING WHEN -- IN THIS FIRST PICTURE HERE. SHOWING YOU WHAT'S BEEN MARKED AS PEOPLE'S 75. WOULD THIS BE A VIEW OF WHAT YOU SAW IF YOU LOOK DOWN FROM THAT LOCATION? A. YES. Q. CAN WE SEE THE T-SHIRT IN THIS PICTURE? ne ies. Q. WHAT OBJECT IS THAT? OR WHAT OBJECT IS THE ‘T-SHIRT? A. WELL, IT'S RIGHT THERE. Q. AND YOU'VE INDICATED THE WHITE OBJECT WHICH APPEARS TO BE HANGING OFF THE BRICK PART OF THE WALL? no YES, Q. CAN WE SEE THE CHILDREN'S INFLATABLE POOL THAT YOU'VE BEEN REFERRING TO? A. YEAH. IT’S RIGHT DOWN HERE. Q. YOU'VE INDICATED AS SUCH. MOVING ON TO THE PATH THAT YOU TOOK TO THE BACKYARD, I'LL SHOW YOU PEOPLE'S 76. Is THIS, IN FACT, THAT PATH? A. YEAH, THAT'S THE -- THE RAMP RIGHT HERE. Q. AND YOU'VE INDICATED THE WOODEN OBJECT FOR THE RAMP IN THE FOREGROUND? A. YES. Q. SHOWING YOU PEOPLE'S 77. IS THIS A FURTHER VIEW DOWN THE SAME ALLEYWAY OR WALKWAY? A. YEAH. THAT'S THE SHIRT RIGHT THERE AND THEN THE10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 89 CHILDREN'S POOL. Q. AND YOU'VE INDICATED BOTH OBJECTS, FOR THE RECORD. SHOWING YOU TWO OBJECTS MARKED PEOPLE'S 78 AND 79, IF YOU COULD REVIEW THESE TWO. (PEOPLE'S EXHIBIT NO. 78, PHOTO, WAS MARKED FOR IDENTIFICATION. ) (PEOPLE'S EXHIBIT NO. 79, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. PEOPLE'S 78. IS THIS THE CLOSE-UP OF THE T-SHIRT? A. YES. Q. PEOPLE'S 79. IS THIS AN OPPOSITE VIEW OF THE ‘T-SHIRT? A. YES. Q. HOW DID YOU GO ABOUT COLLECTING THE T-SHIRT? A. PUT ON A PAIR OF GLOVES AND PICKED IT UP AND PUT IT IN A PAPER SACK. Q. IS THIS WHAT YOU'RE SUPPOSED TO DO WITH OBJECTS OF THIS KIND? A. YES. Q. WHY A PAPER SACK? A. 80 IT'S BREATHABLE. Q. DO YOU SEE ANY STAINING OR SUCH ON THE SHIRT AS IT HUNG RIGHT THERE? A. YEAH. IT'S RIGHT HERE. Q. YOU'VE INDICATED WHAT APPEARS TO BE REDDISH SPOTS? A. YEAH. IT WAS ALL OVER IT. Q. THEY WERE APPARENT AT THAT LOCATION?oe wee wer 49 23 24 25 26 27 28 90 A. YES. Q. DID YOU TAKE THE T-SHIRT -- DID YOU TAKE ANY PHOTOGRAPHS OF THE T-SHIRT SPREAD OUT? A. YES. (PEOPLE'S EXHIBIT NO. 80, PHOTO, WAS MARKED FOR IDENTIFICATION. ) BY MR. TROCHA: Q. LET ME SHOW YOU WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 80. IS THIS, IN PACT -- WHAT IS THAT A PHOTOGRAPH OF? A. ‘THAT'S THE T-SHIRT. Q. WOULD THAT BE IT STRETCHED OUT OVER THE BACK OF YOUR CAR? A. UH-HUH. THERE'S ALL THE BLOODSTAINS RIGHT THERE. Q. YOU'VE INDICATED THE REDDISH MARKINGS ON THE SHIRT ITSELF? A. RIGHT. Q. AFTER THIS, DID YOU THEN IMPOUND IT? ho YES. Q. MOVING ON TO PEOPLE'S 81, BACK TO THE WOODEN RAMP, CAN WE SEE ANY BLOODSTAINING THAT WAS REFERRED TO YOU ON THE RAMP? a SES. Q. WHERE? A. IT'S RIGHT THERE IT LOOKS LIKE. AND THEN RIGHT HERE AND THEN RIGHT THERE. Q. FOR THE RECORD, THAT'S ON THE TOP PORTION OF THE RAMP, AS OPPOSED TO THE LOWER PORTION?10 cee 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A. RIGHT. Q. SHOWING YOU WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 82. IS THIS A CLOSE-UP OF THE BLOODSTAIN THAT YOU JUST POINTED OUT? A. YES. Q. AND IN TERMS OF SWABBING, IS THIS WHAT YOU SWABBED? A. YES, Q. WHEN WE GO BACK TO THE BLOODSTAINING ON THE T-SHIRT, DID YOU DO ANY SWABBING OF THE T-SHIRT? A. YEAH, I DID. Q. DO YOU RECALL DOING SWABBING, OR IS THIS SOMETHING THAT YOU WOULD HAVE THE LAB DO INSTEAD? A. ACTUALLY, YOU KNOW WHAT? YEAH. THE LAB DID DO THAT. I JUST -- I TOOK THE SWABS OFF -- OFF HERE, OFF THE WOODEN RAMP, AND THEN OFF THE -- THE CHILDREN'S POOL. @. | SHOWING YOU WHAT IS MARKED AS PEOPLE'S EXHIBIT 83, THE CHILDREN'S POOL ITSELF. WHAT ARE WE LOOKING AT IN THIS PHOTOGRAPH? A. ‘THAT'S THE BLOODSTAIN RIGHT THERE. Q. AND YOU'VE INDICATED A DARKER AND LIGHTER RED SMEAR OR STAIN ON THE SIDE OF THE POOL? A. RIGHT. Q. | SHOWING YOU WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 84. IS THIS A CLOSE-UP OF THAT STAIN? A. YES. . WERE THESE PICTURES TAKEN BY YOURSELF, I THINK? ih DID YOU TAKE THEM BEFORE SWABBING THEM?x awe 10 1 12 13 14 as 16 17 18 19 20 21 22 23 24 25 26 27 28 92 A. YES. Q. WHY? A, I DIDN'T WANT TO MESS UP WHAT WAS THERE. Q. TO PRESERVE HOW IT LOOKED BEFORE YOU DID ANY SWABBING? A. RIGHT. Q. WHAT DID YOU DO WITH THESE OBJECTS AFTERWARDS -- OR THESE ITEMS OF EVIDENCE AFTERWARDS I SHOULD SAY? A. AFTER I IMPOUNDED EVERYTHING, I CONTACTED SERGEANT JOE HOWIE OF HOMICIDE, AND HE JUST WANTED ME TO COME DOWN, BRING EVERYTHING THAT I HAD; THE T-SHIRT AND THE BLOODSTAINS AND EVERYTHING. AND I RELEASED EVERYTHING TO HIM. Q. AND THAT WAS THE END OF YOUR INVOLVEMENT IN THIS CASE? A. YEAH. THAT'S IT. Q. FOR THE RECORD, DID YOU HAVE ANY INVOLVEMENT IN THE EVENTS THAT OCCURRED THE NIGHT BEFORE, ON THE 13TH? A, NO. Q. YOU WEREN'T CALLED OUT FOR THAT? A. NO. Q. THANK YOU. NOTHING FURTHER, OFFICER. THE COURT: ANY QUESTIONS? MR. SPEREDELOZZI: YES. MAY I APPROACH, YOUR HONOR? ‘THE COURT: SURE. MR. SPEREDELOZZI: I DON'T NEED THE TV, MR. TROCHA. MR. TROCHA: OH, OKAY. CROSS-EXAMINATION10 a 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 27 28 93 BY MR. SPEREDELOZZI: Q. OFFICER, DO YOU SEE WHAT'S BEEN MARKED AS PROSECUTOR'S EXHIBIT 2 HERE? A. YES. Q. WHAT IS THIS? A. IT'S AN AERIAL SHOT OF STREETS AND THE HOUSES OF, I GUESS, WHERE THIS -- THIS HOMICIDE TOOK PLACE. Q. AND YOU TALKED ABOUT MS. BUENIDA'S HOUSE -- BUENIDA'S HOUSE. THAT'S WHERE YOU FOUND THE BLOOD DROPLETS; RIGHT? A. YES. Q. AND ON HER RETAINING WALL NEXT TO THE ALLEY, THAT'S WHERE YOU FOUND THE T-SHIRT? A. YES. Q. WHERE IS HER HOUSE ON THIS DIAGRAM, IF YOU COULD POINT IT OUT FOR THE JURY? A. IT SHOULD BE RIGHT HERE. Q. ALL RIGHT. FOR THE RECORD, THE WITNESS HAS POINTED OUT THE HOUSE JUST TO THE EAST OF THE ALLEY AND JUST -- I'M SORRY. THAT WOULD BE -- THAT WOULD BE EAST OF THE ALLEY AND JUST SOUTH OF FRANKLIN. NOW, THE T-SHIRT. IF YOU HAD -- IF YOU SEE THE RETAINING WALL ON THE ALLEY HERE, WHERE WAS THE T-SHIRT FOUND? A. RIGHT HERE. Q. THE WITNESS -- LET THE RECORD REFLECT -- THE COURT: CAN YOU SHOW ME AGAIN? THE WITNESS: ABOUT RIGHT THERE.oe 10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 94 THE COURT: YOU WANT TO MAKE A MARK ON THAT OR -- MR. SPEREDELOZZI: WHAT COLOR HAS NOT BEEN USED? THE COURT: LIKE A TS FOR T-SHIRT? MR. SPEREDELOZZI: THAT SOUNDS ABOUT GOOD. Q. YEAH. IF YOU WOULD JUST MARK THE DIAGRAM WITH A TS WHERE YOU FOUND THE T-SHIRT. AND THE -- YOU CAN STAY DOWN HERE FOR A MINUTE, OFFICER. THE BLOODSPOTS THAT YOU FOUND, WHERE WERE THEY? A. WELL, THE RAMP WAS RIGHT HERE. AND, THEN, YOU CAN'T SEE IT, BUT THE CHILDREN'S POOL IS BACK HERE IN THE BACKYARD, KIND OF IN THIS CORNER -- CORNER PART. Q. AND YOU FOUND BLOOD SPOTS BOTH ON THE RAMP AND ON ‘THE CHILDREN'S POOL? A. YEAH. Q. AND YOU SWABBED BOTH OF THEM? A. YES. Q. SO CAN YOU MARK WITH -- PUT INITIALS CP FOR CHILDREN'S POOL WHERE YOU FOUND BLOODSPOTS THERE? AND THEN R FOR RAMP. ALL RIGHT. YOU CAN SIT DOWN. THAT'S ALL, YOUR HONOR. NOTHING FURTHER. MR. TROCHA: I FORGOT ONE THING, YOUR HONOR. JUST A COUPLE MORE OBJECTS. THE COURT: OKAY. REDIRECT EXAMINATION BY MR. TROCHA: Q. OFFICER LUCCHESI, I'M GOING TO SHOW YOU WHAT'S BEENaoe ene x 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 95 MARKED AS PEOPLE'S EXHIBIT 155. (PEOPLE'S EXHIBIT NO. 155, WHITE T-SHIRT, WAS MARKED FOR IDENTIFICATION.) BY MR. TROCHA: Q. DOES THAT APPEAR TO BE THE T-SHIRT THAT YOU IMPOUNDED? A. YES. Q. I'M GOING TO DRAW YOUR ATTENTION TO THO MARKINGS. ONE IS THIS SMALL BLACK MARKING, SAYS 44-2. THE OTHER IS 44-1. DID YOU WRITE ANYTHING ON THIS T-SHIRT? A. NO. Q. WHEN YOU IMPOUNDED THIS T-SHIRT, WAS ANYTHING WRITTEN UPON IT? A. NO. Q. SO THESE WOULD HAVE TO HAVE TAKEN PLACE AFTERWARDS? A, RIGHT. Q. CAN YOU POINT OUT FOR THE JURY WHERE THE BLOODSTAINING IS FOR THOSE WHO MAY NOT BE ABLE TO SEE IT? A. WELL, THE BIGGEST PART OF IT'S RIGHT HERE, IN THE MIDDLE PART OF IT. AND THEN IT KIND OF GOES DOWN HERE. AND THEN IT LOOK LIKE LITTLE SPATTERS KIND OF ALL OVER THE PLACE. I GUESS THIS IS ALL BLOODSTAINS RIGHT HERE, TOO. IT'S KIND OF HARD TO TELL, BUT THE MAJORITY IS RIGHT UP HERE. Q. YOU'VE INDICATED, FOR THE RECORD, THE MAJORITY WOULD BE IN THE CHEST REGION, IF THIS IS THE FRONT OF THE SHIRT? . RIGHT.14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q. AND SOMETHING OVER WHAT WOULD BE THE LEFT RIB AND THEN ALONG THE LOWER HEMLINE ON THE FRONT? A. YEAH. DOWN THERE, TOO. YEAH. (PEOPLE'S EXHIBIT NO. 156, PAPER BAG, WAS MARKED FOR IDENTIFICATION.) BY MR. TROCHA: SHOWING YOU WHAT'S BEEN MARKED AS PEOPLE'S EXHIBIT 156. DO YOU RECOGNIZE THIS BAG? A. YES. IS THAT THE BAG YOU IMPOUNDED THAT T-SHIRT IN? A. UH-HUH. YES, IT IS. Q. CAN WE SEE YOUR WRITING ON THAT T-SHIRT -- EXCUSE ME -- ON THE BAG? A. YEAH. IT'S RIGHT THERE. Q. IN THE BLACK MARKER? YES. Q. WHEN YOU PUT IT IN THE BACK, WERE THERE ALL THE OTHER EVIDENCE TAPES AND CUTS ALL OVER IT? A, SAY THAT AGAIN. Q. SURE. WHEN YOU PUT IT IN THE BACK, WAS IT A BRAND-NEW BAG? A. YEAH. IT WAS. Q. SO ITS APPEARANCE TODAY, DOES IT APPEAR IT'S BEEN OPENED AT LEAST ONE TO TWO OTHER TIMES? A. YES. MR. TROCHA: NOTHING FURTHER, YOUR HONOR. MR. SPEREDELOZZI: NOTHING FURTHER. THE COURT: THANK YOU, OFFICER.10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97 NEXT WITNESS. (UNREPORTED SIDEBAR. ) MR. TROCHA: YOUR HONOR, AT THIS TIME THE PEOPLE CALL MARLA QUINTANILLA. MARLA QUINTANILLA, THE PEOPLE'S WITNESS, HAVING BEEN SWORN, TESTIFIED AS FOLLOWS: THE CLERK: PLEASE STATE YOUR NAME. THE WITNESS: MARLA QUINTANILLA. THE CLERK: PLEASE SPELL YOUR LAST NAME. THE WITNESS: Q-U-I-N-T-A-N-I-L-L-A. DIRECT EXAMINATION BY MR. TROCHA: Q. GOOD MORNING, MS. QUINTANILLA. A. GOOD MORNING. Q. WE'VE NEVER SPOKEN BEFORE TODAY, HAVE WE? A. NO. Q. YOU DON'T EVEN KNOW WHO I AM, OTHER THAN BEING THE PROSECUTOR; CORRECT? A. YES. Q. I'M GOING TO GO OVER A FEW THINGS INVOLVING EDWIN QUINTANILLA. EDWIN WAS YOUR LITTLE BROTHER? A. YES. Q. EDWIN WAS KILLED A FEW YEARS BACK, WAS HE NOT? A. YES. WHAT DAY DID HE DIE ON? JULY 2ND. 2008? oo10 a 12 13 14 15 16 a7 18 19 20 22 22 23 24 25 26 27 28 98 A. UH-HUH. Q. YOU HAVE TO SAY YES OR NO FOR THE COURT REPORTER. A. YES. Q. AFTER EDWIN WAS KILLED, DID YOU SPEAK TO A MAN BY THE NAME OF FLORENCIO DOMINGUEZ? A. I SPOKE TO A LOT OF -- A LOT -- A LOT OF PEOPLE. Q. LET'S TALK ABOUT FLORENCIO DOMINGUEZ, MS. QUINTANILLA. DO YOU KNOW FLORENCIO DOMINGUEZ? A. YES. YES, I DO. Q. DO YOU SEE HIM HERE TODAY? Dies. Q. COULD YOU TELL US, FOR THE RECORD, WHERE HE'S SITTING AND WHAT HE'S WEARING? A. YES. Q. | WHAT DOES HE HAVE ON TODAY? A, TUXEDO, MR. TROCHA: YOUR HONOR, CAN THE RECORD REFLECT THE WITNESS HAS IDENTIFIED THE DEFENDANT? THE COURT: YES. BY MR. TROCHA: Q. HOW LONG HAVE YOU KNOWN MR. DOMINGUEZ? SINCE I WAS, LIKE, TEN. Q. HOW WOULD YOU DESCRIBE YOUR RELATIONSHIP WITH HIM? HE'S LIKE A BROTHER TO ME. Q. VERY CLOSE? A. YES, Q. HE'S FRIENDS WITH YOUR -- YOU HAVE OTHER BROTHERS? A. YES.10 ay 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 99 JONATHAN QUINTANILLA? YES. WHAT ARE YOUR OTHER BROTHERS' NAMES? I HAVE A LOT OF BROTHERS. IS HE FRIENDS WITH ALL OF THEM? YES. HOW MANY OF THEM WOULD THERE BE? I HAVE TWO OLDER -- TWO OLDER BROTHERS, AND I HAVE THREE LITTLE BROTHERS. I HAVE -- ALL TOGETHER IT WAS SIX, AND TWO THAT PASSED AWAY. Q. DO YOU CALL FLORENCIO DOMINGUEZ FLORENCIO, OR DO YOU CALL HIM BY ANOTHER NAME? JOSE. DO YOU CALL HIM ANYTHING ELSE? CHUNKY. WHY DO YOU CALL HIM CHUNKY? I'VE KNOWN HIM LIKE THAT SINCE I WAS LITTLE. WHAT DO YOU MEAN YOU'VE KNOWN HIM LIKE THAT? I MEAN THAT THAT'S HIS NAME. WHERE DID THAT NAME COME FROM? I DON'T KNOW. DID YOUR BROTHERS CALL HIM THAT NAME? YES. WOULD THIS BE JONATHAN, SPECIFICALLY? YES. WHAT OTHER NAMES DOES JONATHAN GO BY? CROOKS. IS THAT CROOKS WITH A C OR WITH A K?100 WITH Ac. DID EDWIN GO BY ANOTHER NAME? No. se ne YOU EVER HEARD THE NAME LITTLE CROOKS? THAT'S WHAT A LOT OF -- I'VE BEEN HEARING ABOUT MY BROTHER WAS NOT A GANG MEMBER. yaw EDWIN? YES. © © BECAUSE YOU HAVE SIX BROTHERS, WE HAVE TO BE 10 | SPECIFIC AS TO WHICH ONE. OKAY. WHEN YOU SAY YOUR BROTHER, 11] WE HAVE TO KNOW WHICH ONE YOU'RE TALKING ABOUT. 12 A. EDWIN. 13 Q. OKAY. I GOT TO BRING IT UP, MS. QUINTANILLA, 14| BECAUSE -- 15 A. YES. 16 Q. WHAT'S THIS TATTOO RIGHT HERE ON YOUR CHEST? a A. IT'S A SHELL. A COUPLE OF -- 18 THE COURT: I'M SORRY. IT'S WHAT? 19 THE WITNESS: A SHELL. 20| BY MR. TROCHA: 21 . SEASHELL? 22 | ves" 23 : DO YOU LIVE IN SHELLTOWN? 24 . NO. 25 DID YOU LIVE IN SHELLTOWN? 26 . YEAH. LIKE, 13 YEARS AGO. 27 : YOU KNOW WHAT SHELLTOWN 38TH STREET 28 YES.wer aw & 10 aa 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 27 101 50 STREE’ Q. Q. A. Q. WHAT IS IT? IT'S A STREET. WHAT ELSE IS IT? IT'S A STREET. Is IT A GANG? OH, YES. OKAY. I MEAN, PEOPLE WHO CALL THEMSELVES 38TH FROM 38TH STREET, ARE A GANG; CORRECT? UH-HUH. IS THAT A YES? YES. IS JONATHAN A MEMBER OF THAT GANG? YES. IS CHUNKY? YES. YOUR BROTHER, LITTLE CROOKS, EDWIN -- WE'LL JUST CALL HIM EDWIN BECAUSE THAT'S HOW YOU KNEW HIM. A. A. Q. THAT'S WHAT HE WAS. THAT'S WHAT HE WAS. THAT WAS HIS NAME? UH-HUH. YOU SAID HE WAS NOT A MEMBER OF 38TH? No. WOULD HE HANG OUT WITH MEMBERS FROM 38TH STREET? NO. ON THE DAY HE WAS KILLED, ON THE 2ND, WHERE WAS HE BEFORE HE WAS SHOT? A. Q. IN SHELLTOWN. WHERE SPECIFICALLY IN SHELLTOWN?aw ® a a 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 102 13 -- 14. > Oo» oO» OP © AND HEX? ON OCEAN VIEW. WAS HE AT A PERSON'S HOUSE? YES. WHOSE HOUSE? SOME LITTLE KID. DO YOU KNOW THE NAME HEX? YES. WAS HE AT HEX'S HOUSE? YES. WHO IS HEX? I DON'T KNOW. WHEN WE'RE TALKING ABOUT HEX, IS THAT H-E-X? YEAH. I DON'T KNOW, HAVE YOU SEEN HEX SPRAYPAINTED AROUND TOWN? I DON'T LIVE IN SHELLTOWN. DID YOU USED TO SEE HEX PAINTED AROUND TOWN? NO. I HAVE NOT LIVED IN SHELLTOWN SINCE I WAS WHO ELSE WAS AT HEX'S HOUSE? I DON'T KNOW. I DON'T -- WAS CHUNKY THERE? NO. HE WAS NOT THERE? HE WASN'T -- WHEN I GOT THERE, HE WASN'T THERE. WHEN YOU CAME BACK, WAS HE THERE? NO. I -- NO. WHO ELSE WAS AT THE HOUSE WITH YOUR -- WITH EDWIN10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A, 103 I -- I DON'T -- I REMEMBER SEEING SOME OTHER -- LIKE, TWO, THREE OTHER PERSONS, BUT I DON'T KNOW THEIR NAME. I DON'T KNOW -- I'M TELLING YOU I HAVE NOT BEEN THERE IN MANY YEARS. Q. A. Q. Q. AL COULD YOU DESCRIBE, WERE THEY MEN OR WOMEN? IT WAS MEN. YOUNG BOYS? OLDER MEN? SOMEWHERE IN BETWEEN? AROUND THE SAME AGE AS MY BROTHER. HOW OLD WAS HE WHEN HE DIED? WHO DIED? EDWIN. SIXTEEN YEARS OLD. SO SOMEWHERE AROUND THAT AGE GROUP? YES. HOW MANY OF THESE PEOPLE WERE THERE WITHIN THAT AGE I DON'T REMEMBER. WHAT WERE THEY DOING? I DON'T REMEMBER, I -- I -- WHEN I HAD GONE, I HAD MY SON WITH ME. SO I JUST -- I REMEMBER LEAVING, LIKE, TWO, THREE TIMES DURING THE DAY. Q. WHY DID -- WAS EDWIN WITH YOU WITH YOUR SON, DRIVING INTO SHELLTOWN? A. 2S I HAD GONE DOWN THERE. FOR WHAT? I HAD GONE TO THE CEMETERY. TO SEE YOUR OTHER BROTHER? YES.10 1. 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 Q. A. Q. 104 DID EDWIN GO WITH YOU TO THERE? YES. DID YOU DROP HIM OFF AT THIS OTHER LOCATION AT HEX'S HOUSE? A. HIM. Q. DRINKING? A. Q. AL Q. A. Q. YEAH. WE HAD TO PASS BY THERE. YEAH. AND YOU DROPPED HIM OFF THERE; CORRECT? NO. I -- I DIDN'T DROP HIM OFF. I WAS THERE WITH YOU WERE THERE WITH HIM? UH-HUH. YES OR NO? YES. SORRY. DID YOU LEAVE? I LEFT, LIKE, TWO, THREE TIMES. DID HE STAY? YES. WHAT WAS GOING ON WHILE YOU WERE THERE? NOTHING. DRINKING? I DON'T RECALL. YOU DON'T RECALL WHETHER OR NOT YOUR BROTHER WAS NO. MY BROTHER WAS -- I DIDN'T SEE HIM DRINKING. WAS THERE ANY DRUGS BEING USED? NO. WAS THERE ANY FIGHTING? NO. ARGUING?10 12 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 105 A. NO. Q. JUST KICKING IT? YES. WHERE DID YOU LEAVE AND COME BACK TO THESE TWO OR THREE TIMES? A. I WENT TO -- I HAD MY SON. I HAD GONE TO THE LIQUOR STORE, AND I KEPT ON GOING -- JUST GOING AND GETTING CANDY. I JUST WENT TO THE STORE. Q. WHAT LIQUOR STORE? A. IT'S THE ONE, LIKE, TWO BLOCKS DOWN. I DON'T KNOW WHAT IT'S CALLED. I REMEMBER I WENT TO THE 38TH LIQUOR STORE ONCE, AND THEN I HAD GONE TO THE OTHER ONE, LIKE, TWO BLOCKS Q. OCEAN VIEW LIQUOR? A. NO. ‘THE ONE ON -- IT'S ON THIS SIDE. Q. WAS THIS BY TEAK STREET? A yess Q. AND TEAK STREET WAS WHERE HEX WAS LIVING? My ie Q. WERE YOU THERE WHEN YOUR BROTHER WAS KILLED? WHEN YOUR BROTHER EDWIN WAS KILLED? A. NO. Q. WHERE WERE YOU? A. I WAS COMING BACK FROM THE LIQUOR STORE. Q. | WHEN YOU WERE COMING BACK, WHAT HAPPENED? ‘A. I REMEMBER I WAS COMING BACK, BECAUSE I WAS ALREADY GOING -- I WANTED TO LEAVE ALREADY, AND I WAS GOING TO PICK HIM UP. SO ON MY WAY BACK, WHEN I WAS COMING THROUGH THEwer ane one 10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 106 STREET -- THROUGH TEAK STREET, WHEN I GOT TO THE CORNER, I HEARD A GUNSHOT. Q. YOU DID. WHERE DID THE GUNSHOT COME FROM? A. I WAS STANDING RIGHT HERE IN A CORNER OF MY CAR, AND THE GUNSHOT CAME FROM THE OTHER CORNER. Q. COULD YOU THEN SEE WHERE THE GUNSHOT CAME FROM? A. NO. Q. IT WAS OUTSIDE OF YOUR VIEW? A. YES. Q. HOW FAR AWAY? A BLOCK AWAY? TWO BLOCKS AWAY? A. NO. LIKE, STEPS AWAY. I WAS IN -- IN THE CORNER. AND WHERE MY BROTHER GOT SHOT, IT WAS PROBABLY, LIKE, FROM HERE TO, LIKE -- LIKE, FROM HERE, IF I'M STANDING -- IF I'M COMING FROM THE CAR RIGHT HERE, IT WAS, LIKE, FROM HERE. AND THERE'S ANOTHER LITTLE CORNER HE GOT SHOT, LIKE, RIGHT HERE. Q. WOULD THIS BE ACROSS THE STREET? A. I WAS IN A CORNER. AND THERE WAS, LIKE, A LITTLE HILL DOWN. THE COURT: DO YOU WANT TO USE SOMETHING IN THE MR. TROCHA: YEAH. ‘THE COUR’ IN TERMS OF, IT WAS THAT WALL OR THAT DESK OR THAT PERSON? THE WITNESS: I WAS -- MY CAR WAS COMING LIKE THIS. AND WHEN I HEARD THE -- I WAS -- WHEN I GOT TO THE CORNER THERE WAS A I GOT TO THE CORNER, I HEARD THE GUNSHOT. MY LITTLE BROTHER GOT -- WHEN I HEARD THE GUN -- WHEN -- WHERE HE GOT -- WHERE HE PASSED AWAY WAS, LIKE -- IT WAS -- THERE'Saa wewne 10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 107 A STREET CORNER RIGHT HERE, AND THEN THERE'S A LITTLE HILL, AND THEN THERE'S A CORNER. BUT IT WAS, LIKE, IN BETWEEN ‘THE -- THE STREET. LIKE, IN THE MIDDLE OF THE OTHER STREET. AND IT'S NOT -- IT'S NOT EVEN A BLOCK. IT'S JUST, LIKE, A LITTLE HILL. BY MR, TROCHA: BUT YOU COULDN'T SEE IT? NO. WHAT DID YOU DO NEXT? tg to ie I WAS GOING TO GO AROUND -- I WENT AROUND, BECAUSE I GOT REALLY SCARED, BECAUSE I HAD MY SON. AND I HAD JUST WANTED TO PICK UP MY LITTLE BROTHER. AND I -- WHEN I WENT AROUND, I KNOW I WAS -- I COULD REMEMBER JUST YELLING, LIKE, AND -- Q. I DIDN'T -- WHAT WAS THAT LAST WORD? A. I COULD REMEMBER THAT I WAS JUST YELLING. AND I JUST -- I REMEMBER I GOT TO THE CORNER. Q. AND WHAT DID YOU SEE AT THE CORNER? A. JUST EVERYBODY RUNNING. Q. EVERYBODY RUNNING? A. I SEEN A LITTLE KID THAT -- I GOT TO THE CORNER, AND HE SAID, "THE GUY HAS A GUN." Q. WHAT LITTLE KID WAS THIS? A. I THINK THAT WAS HEX. Q. WHO ELSE DID YOU SEE, OTHER THAN HEX? A. NOBODY ELSE. THAT'S -- I MEAN, THAT'S WHEN I HAD JUST GOTTEN TO THE CORNER. Q. DID YOU SEE EDWIN?sw 10 1. 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 108 ee ie A. No. EDWIN WASN'T AT THE CORNER? NO. WHAT HAPPENED NEXT? MY BROTHER -- THEY PUT MY BROTHER IN THE CAR. WHO PUT YOUR BROTHER IN THE CAR? JOSE DID. HUNKY? YEAH. SO HE WAS THERE? ‘YEAH. WAS YOUR BROTHER STILL ALIVE WHEN HE WAS PUT IN THE I COULD JUST REMEMBER WHEN I WAS IN THE CAR, AND THEY TOLD ME, LIKE, TO STOP, TO STOP. I COULD SEE HIM PUTTING -- I COULD -- I KNOW I COULD REMEMBER HIM TRYING TO BRING MY BROTHER FROM ACROSS THE STREET TO THE OTHER STREET BY HIMSELF. Q. NOBODY WAS HELPING HIM? A. NO. Q. WHAT HAPPENED WHEN HE PUT YOUR BROTHER, EDWIN, IN THE CAR? A. I LEFT. Q. DID HE TELL YOU ANYTHING? A. I -- I JUST GOT ON THE FREEWAY, AND I TRIED TO GET TO A HOSPITAL. Q. ‘TIME? DID FLORENCIO DOMINGUEZ TELL YOU ANYTHING AT THATsaw e 10 ce 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 109 A. NO, Q. WHY DIDN'T YOU -- YOU HAVE A CELL PHONE WITH YOU; RIGHT? Ao Yes. Q. WHY DIDN'T YoU CALL 9117 A. I WANTED TO LEAVE. I WANTED TO GET MY BROTHER TO A HOSPITAL. I'M NOT -- I WAS NOT GOING TO WAIT THERE AND -- NO. I WAS -- WHATEVER I COULD DO, I WAS GOING TO DO. Q. WHAT HOSPITAL WERE YOU GOING TO TAKE HIM TO? A. MERCY. Q. HOW DO YOU GET TO MERCY HOSPITAL FROM WHERE YOUR BROTHER WAS SHOT? A. I GOT ON THE 15. Q. DID YOU MAKE IT TO MERCY? NO. BECAUSE AS SOON AS I GOT OFF THE FREEWAY, I SEEN A COP. AND I GOT IN FRONT OF THE COP. AND YOU FLAGGED THE POLICE OFFICER DOWN YOURSELF? YES. FROM THERE THE POLICE CALLED A PARAMEDIC? YES. AND THEY TOOK YOUR BROTHER, EDWIN, TO THE HOSPITAL? Fe YES. Q. AND THAT WAS, ESSENTIALLY, THE LAST TIME YOU SAW HIM ALIVE; CORRECT? A. YEAH. Q. DID YOU TALK TO FLORENCIO DOMINGUEZ ABOUT WHAT HE SAW IN RELATION TO YOUR BROTHER'S KILLING? A. NO.10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 110 Q. DO YOU RECALL GIVING AN INTERVIEW TO POLICE OFFICERS TWO DAYS AFTER YOUR BROTHER WAS KILLED? A. YES. THEY -- I WAS SUPPOSED TO GO DOWN TO THE POLICE DEPARTMENT, AND I REMEMBER TALKING TO THEM. Q. THIS WAS INTERVIEWED -- THIS INTERVIEW WAS ‘\VIDEOTAPED? A. VIDEOTAPED. WHEN I WENT DOWN THERE, I WAS ON SO MANY MEDICATION -- I WAS UNDER A LOT OF DRUGS. Q. YOU WERE? A. YES. Q. SO WE'D BE ABLE TO SEE THAT IN THE VIDEOTAPE? A. YES. Q. OKAY. YOUR HONOR, AT THIS TIME I'D LIKE TO PLAY A PORTION OF THE VIDEOTAPE RELEVANT TO THE WITNESS'S TESTIMONY. THE COURT: ALL RIGHT. DO YOU HAVE TRANSCRIPTS? MR. TROCHA: I DO. THE COURT: ALL PARTIES, AGAIN, STIPULATE THE REPORTER NEED NOT TAKE DOWN THE AUDIO -- IS IT AUDIO OR ‘VIDEO? MR. TROCHA: IT IS VIDEO AND AUDIO. THE COURT: VIDEO AND AUDIO. YES? MR. SPEREDELOZZI: YES. MR. TROCHA: YES. THE COURT: THANK YOU. WE NEED ONE MARKED. MR. TROCHA: I HAVE ANOTHER ONE IF THE COURT NEEDS ONE AS WELL. THE CLERK: 157.16 17 18 19 20 21 22 23 24 25 26 27 28 111 (PEOPLE'S EXHIBIT NO. 157, TRANSCRIPT OF INTERVIEW, WAS MARKED FOR IDENTIFICATION.) BY MR. TROCHA: THE COURT: IS THERE A PARTICULAR PAGE YOU'RE GOING TO? MR. TROCHA: IT'S BEEN EDITED, YOUR HONOR. THE COURT: YOU'RE GOING TO PLAY THE WHOLE THING? MR. TROCHA: YES. THE COURT: WE'RE GOING TO NEED TO MARK THE VIDEO, ‘TOO. MR. TROCHA: I HAVE IT, YOUR HONOR. WE'RE PLAYING EVERYTHING FROM 11:45 IN THE VIDEO TO 28:03. (VIDEOTAPE PLAYED.) MR. TROCHA: SHOULD I STOP NOW, YOUR HONOR? I HAVE MORE THAN FIVE MINUTES. ‘THE COURT: WHY DON'T WE GO AHEAD AND TAKE OUR LUNCH BREAK. LADIES AND GENTLEMEN, REMEMBER THE ADMONISHMENT. SEE EVERYBODY BACK HERE JUST BEFORE 1:30. (THE FOLLOWING PROCEEDINGS WERE HELD OUTSIDE THE PRESENCE OF THE JURY.) EXAMINER. PHOTOS. MR. TROCHA: I HAVE THE PHOTOS FROM THE MEDICAL I HAVEN'T RECEIVED AN OBJECTION FROM THE DEFENSE. THE COURT: HAVE YOU LOOKED THROUGH THEM? MR. SPEREDELOZZI: I'VE SEEN ALL OF THE AUTOPSY SOME OF THEM, I THINK, ARE NOT RELEVANT, SOME A LITTLE BIT GRUESOME. IF I COULD LOOK AT THEM --wn 10 1 12 13 14 15 16 a7 18 19 20 22 22 23 24 25 26 27 28 112 THE COURT: WHY DON'T YOU TAKE A LOOK AT THEM, BECAUSE OBVIOUSLY THE CAUSE OF DEATH IS NOT AN ISSUE HERE. MR. SPEREDELOZZI: CORRECT. THE COURT: AND THE ONLY ISSUE SOMETIMES WE GET IN THIS IS REDUNDANCY. MR. SPEREDELOZZI: IF I COULD WAIT -- THE COURT: SO WHY DON'T YOU JUST TAKE A LOOK, AND WE'LL TAKE IT UP BEFORE. MR. SPEREDELOZZI: OKAY. (THE FOLLOWING PROCEEDINGS WERE HELD IN THE PRESENCE OF THE JURY.) THE COURT: ALL RIGHT. WE'RE BACK IN OPEN COURT. WE HAVE OUR WITNESS. MR. PROSECUTOR, NEXT QUESTION. MR. TROCHA: ‘THANK YOU, YOUR HONOR. Q. MS. QUINTANILLA, WE HEARD IN THE INTERVIEW WITH THE POLICE THAT YOU ACTUALLY DID WANT TO CALL THE POLICE OR THE PARAMEDICS TO COME PICK UP EDWIN; CORRECT? A. CAN YOU REPEAT THAT AGAIN? I'M -- Q. SURE. IN THE INTERVIEW WE WATCHED RIGHT BEFORE LUNCH, WE HEARD YOU TELL THE POLICE THAT YOU WANTED TO, IN FACT, CALL THE POLICE OR 911 OR SOMEBODY TO COME GET EDWIN RIGHT THERE AT THE SCENE; CORRECT? A. IN THE INTERVIEW YOU JUST WATCHED, I TOLD YOU THAT I WAS UN -- THAT I HAD TAKEN A LOT OF DRUGS. AND I'M NOT TALKING ABOUT STREET DRUGS. I HAD TAKEN A LOT OF VICODIN. IT WAS ON JULY 4TH THAT YOU GUYS SAID THAT I TALKED TO YOU GUYS. I HADN'T SLEPT WHATSOEVER, AND I -- I MEAN, IF YOU --113 I DON'T MEAN TO SAY IF YOU'VE EVER GONE THROUGH THIS, BUT I WAS GOING THROUGH A LOT IN THAT MOMENT. AND I -- THIS WHOLE VIDEO IS JUST -- I MEAN, IT'S REALLY, REALLY -- IT'S JUST -- I'M SAYING A LOT OF STUFF THAT IS REAL -- I DON'T EVEN KNOW WHAT I WAS SAYING. Q. THAT WAS MADE -- THOSE STATEMENTS WERE MADE WITHIN 48 HOURS OF EDWIN BEING SHOT; CORRECT? A. WELL, IT DOESN'T MATTER. IT'S TAKEN ME A LOT AFTER -- RIGHT NOW I -- I PUT A LOT OF THOSE FEELINGS ASIDE. IT TOOK A LOT FOR ME TO HAVE TO -- IT'S REALLY PAINFUL. I DON'T KNOW IF YOU UNDERSTAND WHAT THIS IS, LIKE -- HOW YOU COULD -- 48 HOURS, IS THAT ALL IT TAKES TO GET OVER SOMETHING? Q. NO. MY QUESTION IS IT HAPPENED 48 HOURS LATER; CORRECT? A. YES. I WASN'T IN MY RIGHT STATE OF MIND YET. Q. ARE YOU SAYING THAT YOUR MEMORY IS BETTER TWO YEARS LATER? A. WELL, AFTER ALL THIS THAT'S GOING ON RIGHT NOW, IT'S -- I'M STARTING TO GET A LOT OF -- I PUT A LOT OF STUFF BEHIND, I'M A MOTHER OF THREE KIDS, AND I'M TRYING TO MOVE ON IN LIFE. Q. BUT AS WE SAW THAT INTERVIEW, YOU SEEM TO ANSWER THE POLICE OFFICERS' QUESTIONS PRETTY APPROPRIATELY; WOULD YOU AGREE? A. YES. Q. I MEAN, WE DIDN'T HEAR OUTLANDISH ANSWERS OR ANSWERS TO ANYTHING THEY WERE ASKING; CORRECT?114 A. CORRECT. Q. AND ONE OF THOSE ANSWERS WAS THAT YOU WANTED TO THE POLICE, BUT THAT -- A. I WANTED A LOT OF THINGS. Q. -+ BUT THAT CHUNKY TOLD YOU NOT TO; CORRECT? A. NO. Q. THAT'S WHAT WE HEARD WAS SAID? A. NO. Q. DO WE NEED TO PLAY IT AGAIN? BECAUSE IT IS IN THE TRANSCRIPT, MS. QUINTANILLA. A. YEAH. IT IS -- IT'S IN THERE. LIKE I SAID, I DON'T KNOW WHAT I WAS SAYING. I WAS GOING THROUGH A LOT OF EMOTIONS, A LOT OF FEELINGS. Q. EVERYTHING WE HEARD IN THAT INTERVIEW WAS FROM CHUNKY? YES? A. YES. Q. I MEAN, BECAUSE WE HEARD IN THE INTERVIEW YOU ACTUALLY WEREN'T THERE WHEN EDWIN WAS SHOT? A. ‘THAT'S WHAT I HAD TOLD YOU WHEN YOU -- WHEN I FIRST SPOKE TO YOU. Q. WELL, YOU ALSO TOLD US THAT CHUNKY WASN'T THERE EITHER, BUT WE HEARD IN THE INTERVIEW THAT WASN'T CORRECT, RIGHT? A. RIGHT. Q. SO EVERYTHING WE HEARD IN THAT INTERVIEW WAS FROM THE WORDS OF CHUNKY TO YOU TO THE POLICE? A. ‘THAT'S THE ONLY PERSON I KNEW IN THE SCENE. Q. AND THAT WAS THE ONLY PERSON THAT TALKED TO YOU115 ABOUT WHAT WENT ON AT THE SCENE, TOO; CORRECT? 2 A. I DON'T REMEMBER. I TALKED TO SO MANY PEOPLE. I 3] TALKED TO SO MANY INVESTIGATORS, SO MANY COPS, SO MANY PEOPLE 4| IN THE STREET. I HAD A -- I HAD A CAR WASH WHEN I -- WHEN WE 5 | NEEDED MONEY TO BURY MY BROTHER, THAT SO MANY PEOPLE CAME UP 6 | TO ME AND TALKED TO ME ABOUT SO MANY STUFF. I MEAN, I'M 7| NoT -- THERE'S A LOT. 8 Q. BUT, AGAIN, THIS WAS AN INTERVIEW THAT TOOK PLACE 9| WITHIN TWO DAYS OF EDWIN'S DEATH? 10 A. WHEN I WASN'T IN MY RIGHT STATE OF MIND. 1. Q. SO YOU SAY; CORRECT? 12 MR. SPEREDELOZZI: OBJECTION. ARGUMENTATIVE. 13 THE COURT: OVERRULED. 14 | BY MR. TROCHA: 1s Q. I MEAN, IT DID HAPPEN TWO DAYS IN THE STATE OF MIND 16 | THAT YOU'RE CLAIMING HERE IN COURT TODAY? 17 A. YBS, THAT I WASN'T IN THE RIGHT STATE OF MIND. 18 Q. AND YOU'RE HERE IN COURT TODAY, BEING CALLED BY THE 19 PEOPLE TO TESTIFY AGAINST SOMEBODY YOU CONSIDER TO BE YOUR 20| BROTHER, MR. DOMINGUEZ? 21 A. YES. 22 Q. I GOT TO ASK YOU, MS. QUINTANILLA. AS WE GO BACK 23] TO JULY 4TH OF 2008, I HEARD A STATEMENT IN THE INTERVIEWING 24] WHICH YOU WERE TALKING TO YOUR BROTHERS IN PRISON ABOUT WHAT 25 | HAPPENED TO EDWIN. 26 DO YOU REMEMBER THAT PART OF IT? 27 A. I DON'T REMEMBER -- WHAT I REMEMBER IS WHAT I JUST 28| SAW ON THE -- ON THE VIDEO.10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 116 YOU SAW THAT ON THE VIDEO, THOUGH? UH-HUH. IS THAT A YES? Q. A. Q. A. Q. IT'S OKAY. WHY WOULD YOU CALL YOUR BROTHERS IN YES. SORRY. PRISON, WHO CLEARLY WEREN'T THERE, IN TERMS OF TALKING ABOUT WHAT HAPPENED AT THE SCENE? A. WHY WOULDN'T 1? Q. I MEAN, DID YOU JUST CALL THEM TO INFORM THEM OF WHAT HAPPENED? A. YES, I DID. Q. DID YOU TALK TO THEM ABOUT WHO YOU SHOULD TALK TO? A. I DON'T UNDERSTAND THAT. Q. SURE. DID YOU ASK THEM IF YOU SHOULD TALK TO THE POLICE? A. I DON'T UNDERSTAND WHAT YOU'RE SAYING TO ME. I'M SORRY. IT'S - Q. IT'S OKAY. A. REPEAT IT AGAIN. Q. DID YOU TALK TO YOUR BROTHERS IN PRISON ABOUT WHETHER YOU SHOULD BE TALKING TO THE POLICE ABOUT THAT CASE? A. NO. I TALKED TO THE -- WHEN I WENT TO GO TALK TO THEM, I MEAN, I TALKED TO THEM BECAUSE THEY KEPT CALLING ME AND TELLING ME TO GO TALK TO THEM. Q. DID YOU TALK TO THEM ABOUT WHAT YOU SHOULD TALK ABOUT CHUNKY WITH? A HO! Q. YET WE HEARD IN THE INTERVIEW MULTIPLE TIMES THATeae ok 10 a 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 117 YOU HAD TO CLEAR TALKING WITH CHUNKY -- THAT YOU HAD TO TALK TO CHUNKY BEFORE YOU WOULD LET THE POLICE TALK TO CHUNKY. YOU HEARD THOSE PARTS; RIGHT? A. UH-HUH. Q. YES? YES. DID YOU HAVE TO GET CHUNKY'S PERMISSION BEFORE YOU COULD TALK TO THE POLICE? A. WHO IS CHUNKY FOR ME TO GET PERMISSION? Q. AGAIN, WE HEARD PARTS IN THE INTERVIEW WHERE -- A, I SAID I WASN'T IN THE RIGHT STATE OF MIND. I HAD JUST GOTTEN MY BROTHER KILLED. Q. WHAT I UNDERSTAND, FROM WHAT I HEARD IN THE INTERVIEW AND FROM WHAT YOU TESTIFIED EARLIER, IS CHUNKY WAS ‘THE OLDEST PERSON AT THE HOUSE WHERE YOU DROPPED YOUR BROTHER OFF; CORRECT? A. I DIDN'T DROP HIM OFF. I WENT TO THE STORE, AND I WAS THERE. Q. CHUNKY WAS THE OLDEST PERSON AT THE HOUSE -- A. NO. THERE WAS THE GRANDMA. Q. THE GRANDMOTHER WAS THERE? A. YES. Q. THE OTHER QUESTION I HAD WAS THERE WAS A PART IN THE VIDEO WHERE IT WAS MENTIONED THAT YOU WERE MARRIED TO A GUY FROM LOGAN. DO YOU REMEMBER THAT PART OF THE INTERVIEW? A. YES. Q. AND THE POLICE ASKED YOU IF PEOPLE GAVE YOU, YOU KNOW, GRIEF OR PROBLEMS FOR IT. AND YOU REPLIED SOMETHING21 22 23 24 25 26 27 28 118 ALONG THE LINES OF THAT YOUR BROTHER, JONATHAN, HAS TOO MUCH RESPECT. THEREFORE, PEOPLE RESPECT YOU. DO YOU REMEMBER THAT? A, I DON'T ONLY HAVE ONE BROTHER. I HAVE TWO BROTHERS. Q. WELL, SPECIFICALLY, YOU MENTIONED -- A. AND IT'S NOT ABOUT NO -- I WAS BORN AND RAISED OVER THERE. I MEAN, NOT RAISED. I LEFT AT IT -- FROM SHELLTOWN WHEN I WAS 13. NO, THERE IS -- NOT BECAUSE MY BROTHER -- NO RESPECT. MY BROTHER'S ONLY 20 -- HE JUST TURNED 26 YEARS op. WELL, YOU SPECIFICALLY SAID ON THE INTERVIEW WE HEARD THAT -- A. I WASN'T IN MY RIGHT STATE OF MIND, LIKE I SAID. Q. I UNDERSTAND THAT. I THINK -- BUT IN TERMS OF WHAT WE HEARD WAS THE PEOPLE FROM SHELLTOWN DO NOT GIVE YOU PROBLEMS ABOUT THAT BECAUSE JONATHAN HAS TOO MUCH RESPECT. YOU HEARD THAT; RIGHT? UH-HUH. IS THAT A YES? YES. ei WD te WHAT DOES THAT MEAN? A. I DON'T KNOW WHAT I WAS SAYING IN THERE. AND ‘THERE'S NOBODY GOING TO GIVE ME NO PROBLEMS ABOUT MY LIFE. MY LIFE IS MY LIFE. AND MY BROTHERS, MY FAMILY HAVE NOTHING TO DO IN MY LIFE OR WHO I MARRY OR WHO I DO NOT MARRY. Q. WHY DO YOU HAVE A TATTOO OF A SHELL ON YOUR CHEST? A. BECAUSE I LOVE SHELLS. I HAVE A FAIRY, TOO, RIGHT119 HERE, WITH MY BROTHER'S NAME. Q. BUT YOU HAVE THREE SHELLS TATTOOED ON YOUR CHEST? A. UH-HUH. Q. YES? A. YES. Q. ARE YOU TELLING US TODAY THAT HAS NOTHING TO DO WITH SHELLTOWN? A. WELL, I WAS -- I WAS BORN OVER THERE. Q. SO YOU GOT A TATTOO OF A SHELL OR THREE SHELLS? A. YES. YOU DON'T LIKE SHELLS? Q. I THINK SHELLS ARE FINE. A. I LOVE THE SEA. Q. I LOVE THE SEA, T00, BUT I DON'T HAVE ANY SHELL TATTOOS. DO YOU SEE WHAT I'M GETTING AT, MS. QUINTANILLA? A. I SEE THAT THIS HAS -- MY SHELLS HAVE NOTHING TO DO WITH THIS CASE. AND, I MEAN, I'M ALREADY REALLY STRESSED OUT. THIS CASE HAS NOTHING TO DO WITH MY BROTHER. NOBODY HAS EVER DONE ANYTHING TO HELP DO SOMETHING WITH MY BROTHER'S MURDER. I UNDERSTAND YOU GUYS HAVE A CASE GOING RIGHT HERE RIGHT NOW. I'M A MOTHER. I HAVE THREE KIDS, AND THIS IS A LOT FOR ME. THIS -- THIS IS REALLY STRESSFUL FOR ME. JUST PLEASE ASK ME WHAT YOU NEED TO ASK ME AND DON'T ASK ME OTHER STUFF THAT DOESN'T CONCERN NOTHING IN THIS CASE, PLEASE. I'VE -- I'M -- THIS IS -- I MEAN, THIS IS REALLY, REALLY STRESSFUL FOR ME. Q. DOES IT MAKE YOU UNCOMFORTABLE TO TALK ABOUT WHAT CHUNKY TOLD YOU, IN RELATION TO YOUR BROTHER'S MURDER, WHEN WE'RE TALKING ABOUT THIS CASE?10 rey 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 120 A, I DON'T UNDERSTAND WHAT YOU'RE TRYING TO TELL ME. Q. SURE. DOES IT MAKE YOU UNCOMFORTABLE -- DOES IT UPSET YOU TO TALK ABOUT WHAT CHUNKY TOLD YOU TWO DAYS AFTER YOUR BROTHER WAS KILLED, BUT WE'RE IN HERE TALKING ABOUT A DIFFERENT MURDER ALL TOGETHER? A. WHAT DID HE TELL ME TWO DAYS AFTER? Q. WHAT WE HEARD ON THE VIDEO. A. WHAT DID HE SAY? I DON'T KNOW. I'M TELLING YOU THE ONLY THING I REMEMBER IS THIS VIDEO. Q. YOU DON'T REMEMBER ANYTHING IN THAT VIDEO? A. NO, I'VE BEEN TRYING TO BLOCK A LOT OF THAT STUFF AND PUT IT BEHIND ME. I DON'T WANT TO REMEMBER NOTHING. Q. WHY IS THAT? A. WHY IS THAT? DO YOU -- DO YOU THINK I WANT TO REMEMBER WHEN MY BROTHER PASSED AWAY? NO, I DON'T. AND I DON'T WANT TO REMEMBER. MR. TROCHA: NOTHING FURTHER, YOUR HONOR. THE COURT: YOUR WITNESS, COUNSEL. CROSS-EXAMINATION BY MR. SPEREDELOZZI: Q. MS. QUINTANILLA, HOW DO YOU KNOW FLORENCIO DOMINGUEZ? A. ‘THROUGH MY BROTHERS. Q. WHICH ONE? JONATHAN? A. AND JOVANI. I MEAN, I -- I'VE KNOWN HIM SINCE I WAS LITTLE. I USED TO SEE HIM WHEN I WAS LITTLE, LIKE gust -- Q. DO YOU KNOW HIS FAMILY?10 12 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NAME. A. Q. 121 YES, I DO. YOU KNOW HIS WIFE? YES, I DO. WHAT'S HER NAME? NATALIE. DO YOU KNOW HIS THREE KIDS? YES, I DO. DO YOU KNOW THEIR NAMES? YES, I DO. WHAT ARE THEY? JOSE, DANNY, AND -- WHAT'S THE BABY'S NAME? THE LITTLE GIRL? YES. I CAN'T REMEMBER RIGHT NOW. IT'S A PRETTY YOU CALL HIM CHUNKY? YES. IS THAT A -- WOULD YOU CALL THAT A GANG NAME OR A FAMILY NAME? A. IT'S A FAMILY NAME. MY LITTLE BROTHER, WHO JUST PASSED AWAY, WE CALLED HIM GORDO. Q. AND DO YOU KNOW IF -- DO YOU KNOW FLORENCIO DOMINGUEZ'S MOM? AL Q. I'VE MET HER BEFORE. DO YOU KNOW IF SHE CALLS HIM CHUNKY? YES, SHE DOES. SHE'S NOT A MEMBER OF SHELLTOWN, IS SHE? No. HOW LONG HAVE YOU KNOWN FLORENCIO?10 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 122 SINCE I WAS, LIKE, 12, 13. HAS HE EVER BEEN VIOLENT TOWARDS YOU? OH, No. IS HE USUALLY NICE TO YOU? YES. IS HE POLITE? YES. DO YOU RESPECT HIM? YES. AND I DON'T MEAN RESPECT IN THE GANG SENSE. DO YOU KNOW WHAT THE RESPECT IN THE GANG SENSE ‘YES. THAT'S NOT WHAT I'M TALKING ABOUT, YOU UNDERSTAND THAT; RIGHT? a Q. YES. WOULD YOU SAY THAT PEOPLE WHO KNOW HIM DESCRIBE HIM AS A FAMILY MAN? A. OH, YES. MR. TROCHA: OBJECTION. RELEVANCE. THE COURT: OVERRULED. ANSWER WILL STAND. BY MR. SPEREDELOZZI: Q. A. Q. A. KIDS. IS THAT A YES? YES. WHAT DOES THAT MEAN, HE'S A FAMILY MAN? HE'S -- I MEAN, HE'S A MAN WHO'S ALWAYS WITH HIS HE'S ALWAYS WITH HIS FAMILY?10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 123 BECAUSE Q. A. Q. A. YES. DO YOU KNOW IF HE'S HELD DOWN EMPLOYMENT? YES. WHERE DID HE WORK? HE WAS, LIKE, A CONSTRUCTION LANDSCAPING THING, REMEMBER -- I COULD RECALL SOMETHING LIKE THAT. WAS IT CUT N CORE? WAS THAT WHERE HE WORKED? YES, I THINK. DOES THAT RING A BELL WITH YOU? I JUST KNOW IT WAS, LIKE, SOME CONSTRUCTION, LANDSCAPING THING. Q. A. Q. A. AND HE WORKED THERE FOR A LONG TIME? YES. DID HE LIVE IN SHELLTOWN? NO. NOT THAT I RECALL. NO. I -- I THINK WHEN T WAS LITTLE. NOT -- NOT Now. Q. WHEN YOU WERE KIDS HE LIVED IN SHELLTOWN? YES. BUT HE MOVED AWAY, JUST LIKE YOU? OH, YES. HE MOVED TO EL CAJON; RIGHT? YES. LET'S GO INTO JONATHAN QUINTANILLA. MAY I APPROACH THE WITNESS, YOUR HONOR? ‘THE COUR’ : SURE. BY MR. SPEREDELOZZI: YOUR BROTHER, HIS NAME'S JONATHAN QUINTANILLA?10 a 12 a3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 124 Q. A. Q. AKA CROOKS? YES. CROOKS -- I'M DIRECTING YOUR ATTENTION TO EXHIBIT G. EXHIBIT G IS A LIST OF NAMES. PoP Q. WOULD YOU AGREE THAT CROOKS IS ON THIS LIST? YES. AND NEXT TO HIS NAME IS THE PARENTHESIS Y? UH-HUH. AND FOR A DESCRIPTION, IT SAYS, "CHUBBY, LIGHT-SKINNED, AND BALD." IS THAT CROOKS? AL No. HE'S NOT CHUBBY? OH, YES. IS HE LIGHT-SKINNED? YES. IS HE BALD? YES. SEPTEMBER 13TH, 2008, WHERE WAS CROOKS? HE WAS IN DONOVAN. WHAT'S DONOVAN? A STATE PRISON. DONOVAN STATE PRISON, THAT'S WHERE CROOKS WAS? YES. HE WASN'T AT THE PARK? NO. MY BROTHER GOT RELEASED IN NOVEMBER. NOVEMBER 2008? YES. SO THERE'S NO WAY CROOKS COULD HAVE BEEN AT10 rey 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 125 MOUNTAIN VIEW PARK -- A. OH, NO. Q. -- THE NIGHT OF SEPTEMBER 13TH, 2008? i. Q. WELL, IF SOMEBODY SAID HE WAS THERE AND THAT THAT PERSON SAW THEM THERE, WHAT WOULD YOU SAY TO THAT PERSON? MR. TROCHA: OBJECTION. RELEVANCE. THE COURT: SUSTAINED. BY MR. SPEREDELOZZI: Q. WOULD SOMEBODY BE LYING IF THEY SAID HE WAS THERE THAT NIGHT? MR. TROCHA: OBJECTION. ARGUMENTATIVE, RELEVANCE. THE COURT: SUSTAINED. IT'S NOT -- MR. TROCHA: MOTION TO STRIKE. THE WITNESS: AND -- THE COURT: NO, NO, THERE'S NO ANSWER, THERE'S NO QUESTION. IT'S AN IMPROPER QUESTION. NEXT QUESTION. MR. SPEREDELOZZI: WE'LL MOVE ON. Q. MS. QUINTANILLA, LET'S GO TO THE SHOOTING OF EDWIN QUINTANILLA THAT NIGHT. AND I APOLOGIZE FOR HAVING TO GO THROUGH THIS WITH YOU, BECAUSE I KNOW IT'S VERY PAINFUL. BUT LET'S GO THROUGH SOME OF THE FACTS. YOU WEREN'T PRESENT WHEN THE SHOOTING TOOK PLACE, WERE YOU? A. NO. Q. YOU CAME THERE APTERWARDS; RIGHT? a ves) Q. WHEN YOU GOT THERE, JOSE WAS ALREADY THERE? JOSE10 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 126 FLORENCIO DOMINGUEZ -- FLORENCIO JOSE DOMINGUEZ? A. HE WAS ALREADY WHERE? Q. WAS HE ALREADY AT THE SCENE OF THE SHOOTING? A. WHEN I -- WHEN I TURNED. YES. Q. WHEN YOU TURNED THE CORNER? A. YES. WHEN I -- WHEN I TURNED THE CORNER, AND THEY TOLD ME WHERE TO PARK. Q. WHO ELSE WAS THERE? A. WELL, LIKE I SAID, WHEN I WAS GOING -- WHEN I GOT TO THE CORNER, I SEEN THE LITTLE -- THAT LITTLE GUY THAT THEY CALL HEX, HE'S THE ONE THAT SAID, "THE GUY -- THE GUY HAS A GUN, THE GUY HAS A GUN." AND THEN THAT'S WHEN I TURNED, BECAUSE I HAD MY SON. AND I DIDN'T WANT TO -- I JUST WANTED TO PICK UP MY BROTHER AND LEAVE. Q. HOW ABOUT -- WHO DID -- IN THE VIDEO YOU SAID THAT CHUNKY WAS TOLD BY SOMEBODY ELSE -- YOU CALLED HIM A BLACK DUDE -- WAS TOLD BY A BLACK DUDE THAT THE SHOOTING HAD JUST HAPPENED; IS THAT RIGHT? A. YES. Q. SO CHUNKY HAD TO BE TOLD THAT THERE WAS A SHOOTING ‘THAT OCCURRED, ACCORDING TO HIS STATEMENTS? A. YES. Q. AND, SO, AS FAR AS YOU KNEW, CHUNKY WASN'T AWARE, UNTIL THE SHOOTING -- THAT THE SHOOTING HAD HAPPENED UNTIL AFTER IT HAPPENED? A. YES. Q. SO IT'S SAFE TO ASSUME CHUNKY DIDN'T WITNESS THE SHOOTING? Pos eu 10 1 12 13 14 a5 16 17 18 19 20 21 22 23 24 25 26 27 28 127 A. OH, NO. MR. TROCHA: OBJECTION. CALLS FOR SPECULATION. THE COURT: SUSTAINED. MR. TROCHA: MOVE TO STRIKE. THE COURT: THERE'S NO ANSWER. IT'S -- SUSTAIN THE ANSWER. DON'T -- REMEMBER, IF I SUSTAIN AN ANSWER TO A QUESTION, DON’T THINK ABOUT THE QUESTION. THERE'S NO ANSWER ‘THERE. NEXT QUESTION. BY MR. SPEREDELOZZI: Q. AND THE -- THE ONLY PEOPLE WHO YOU SAW WERE THERE WERE HEX, CHUNKY, AND SOME BLACK GUY? A. UH-HUH. Q. AND HE MENTIONED -- CHUNKY MENTIONED TO YOU THAT THERE WAS SOME OTHER YOUNGSTERS THERE? 7 ves: Q. BUT YOU DIDN'T KNOW WHO THOSE PEOPLE WERE? A. NO. I DIDN'T KNOW NONE OF THE -- THE OTHER KID THAT WAS THERE. Q. SO AFTER THE NIGHT OF THE SHOOTING, YOU HAD A CONVERSATION WITH CHUNKY; RIGHT? A, YES. Q. APTER THAT CONVERSATION, DID YOU GET THE IMPRESSION THAT HE WAS ANGRY AT ANYBODY WHO WAS THERE? A. NO. I WAS ANGRY AT -- I WAS GOING THROUGH A LOT OF FEELINGS. Q. WHEN YOU HAD THAT CONVERSATION WITH HIM, HE HAD MENTIONED SOME YOUNGSTERS; RIGHT?10 a 12 23 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 128 A. UH-HUH. Q. DID HE SAY THAT HE WAS ANGRY AT THOSE YOUNGSTERS? A. NO. WHAT I SAID WAS THAT I WANTED TO KNOW WHO THOSE YOUNG KIDS WERE, TO FIND OUT -- FOR THEM TO TELL US WHO WAS THE ONE THAT HAD KILLED MY BROTHER. Q. WERE YOU MAD AT THE YOUNGSTERS? A. I WAS -- I WAS MAD AT EVERYBODY, AT THE WORLD. I MEAN, IT'S A LOT OF FEELINGS I WAS GOING THROUGH, AND I STILL AM. ALL THIS JUST BRINGS IT BACK TO ME. Q. SO WHEN YOU WERE A KID, YOU GREW UP IN SHELLTOWN UNTIL YOU WERE ABOUT 13 YEARS OLD? A. YES. Q. YOU -- YOUR BROTHER, JONATHAN, OR CROOKS, HE'S -- WAS AT ONE TIME A MEMBER OF SHELLTOWN? A. YBS. Q. YOU KNOW A LOT OF OTHER SHELLTOWN MEMBERS? A. YES. Q. AFTER THE SHOOTING OF EDWIN QUINTANILLA, WAS ANYBODY MAD AT A BUNCH OF YOUNGSTERS BECAUSE OF WHAT HAPPENED? A I LIVE IN CHULA VISTA. I DON'T -- I guST -- NO. I DON'T -- I DON'T KNOW. Q. HOW ABOUT JONATHAN QUINTANILLA? DID HE INDICATE THAT HE WAS MAD AT ANY YOUNGSTERS AFTER WHAT HAPPENED THAT NIGHT? MR. TROCHA: OBJECTION, CALLS FOR HEARSAY. THE COURT: SUSTAINED. BY MR. SPEREDELOZZI: