25' COMMONWEALTH VS DARRELL (DIAMOND) JONES COMMONWEALTH OF MASSACHUSETTS . - Docket {f'p?n PLYMOUTH, SS COMMONWEALTH vs. (Trial Court and Jury) [ma-14$ DARRELL JONES, Defendant BEFORE: BYRON, J. Brockton superior Court 72 Belmont Street Brockton, Massachusetts September 24, 1986 Kevin Cunningham, EsqBelmont Street . Brockton, Massachusetts 02401 Kenneth Elias, Esq. 1063 North Main Street Brockton, Massachusetts 02401 RICHARD L. BENDIXEN - Official COurt Reporter RICHARD L, BENDIXEN Official Court Reporter COMMONWEALTH VS JONES ESEPTEMBER 24. 1986 ESWORN TESTIMONY 0F iDirect n- o. no on lCross ESWORN TESTIMONY OF lDirect I. I. II 0? O. O. lCross SWORN TESTIMONY lDirect ICross 0 .ESWORN TESTIMONY EDirect ?Cross iRedirect ESWORN TESTIMONY OF {Direct iCross TESTIMONY JDirect ECross ERedirect .ISWORN TESTIMONY EDirect iCross 'EXHIBITS THIS DAY SEPTEMBER 24, 1986 TRIAL DAY Side Bar: :By Mr. Cunningham Side Bar: :By Mr. Elias JONES Side Bar: :By Mr. Cunningham Side Bar: -1- :By Mr. Elias Side Bar: MARIE PINA :By Mr. Cunningham :By Mr. Elias Side Bar: WATSON :By Mr. Cunningham :By Mr. Elias :By Mr. Cunningham LEVINE :By Mr. Cunningham :By Mr. Elias :By Mr. Cunningham :By Mr. Elias :By Mr. Cunningham Side Bar: :By Mr. Cunningham :By Mr. Elias (PERKINS) JONES STRUTHERS RICHARD L. BENDIXEN Official Court Reporter ?9 COMMONWEALTH VS DARRELL (DIAMOND) JONES 24, 1986 TRIAL DAY PROCEEDINGS (9:00 MR. CUNNINGHAM: Good morning, your Honor. THE COURT: Good morning, Mr. Cunningham. MR. ELIAS: Judge. may we see you at side bar for a moment? I THE COURT: You may. Side Bar: MR. ELIAS: I'm told that you may be aware of the situation that developed late yesterday afternoon. It occurred to me that I represented all of the police officers who are, almost all the police officers, who are going to testify and in fact presently represent one of them. In the Jeffrey Jones case that I tried sometime ago. that situation existed there, and I made it known, I don't know why it didn't occur to me. And Judge wagner held a hearing in open court with the defendant on the record. Judge Wagner last week said to me, listen we got to have that fellow up before I leave because I have to hold another hearing on a potential conflict that you might RICHARD L. BENDIXEN Official Court Reporter commonwEALTH vs DARRELL (DIAMOND) JONES 3 have with the police witness. said, why? 'He said, the SJC sent it back to me. He was going to send me a copy of it, but I never got it. Yesterday I was talking with one of the court officers, Teddy Colocousis. He said Fotis said you weren't as tough on me as Ottino: that lit it off. Then I remembered I represented Joe Smith on a will contest with the father and I represented Don LaGarde over the years and presently represent him on another matter. My client is not aware of any of that. I thought-I would call it to your attention before we go too far. and Judge ?agner may know. THE COURT: Let's take it up at the recess. MR. ELIAS: Sure. THE COURT: You haven't discussed it with your client yet. MR. ELIAS: By the time I got here this morning he wasn't here yet. MR. CUNNINGHAM: Judge, if I could just haye a second to check on the witnesses. At five minutes of nine I-had two witnesses. I'll be able to start, but there were witnesses I wanted to put on first. They weren?t here. If I could have a RICHARD L. BENDIXEN - Official Court Reporter a. Maw??.COMMONWEALTH VS DARRELL JONES 4 second to see if they are here now. MR. CUNNINGHAM: If I may request the Court's indulgence for a moment. the witness who I expected to call right at nine o'clock isn't here yet so I'll be calling another witness. They are in the office up in the corner and should be here in a second. What's the witness' name? THE REPORTER: MR. CUNNINGHAM: Denise Perkins JonesTHE CLERK: Raise your right hand. Do you solemnly swear the evidence you shall give to the _Court and jury in the issue now depending between the Commonwealth and the defendant shall be the truth. the whole truth, nothing but the truth. so help you God. THE WITNESS'Direct Mr. Cunningham Good morning. A. Good morning. .RICHARD L. BENDIXEN - Official Court Reporter HWCOMMONWEALTH vs DARRELL (DIAMOND) JONES 5 Would you identify yourself for the jurors and the Court and the record and speak in a loud voice please?1 I'm Denise M. Jones now. I was Denise M. Perkins. Okay. And how old are you Denise? 22. And are you working? Hm-hm. Directing your attention on November 11th, 1985. what was your name at that time? Denise Perkins. And directing your attention to the evening of November 11th, 1985, did you have an occasion to see a Paul Jones? Excuse me? Did you have an occasion to see Paul Jones? Yes. Who is Paul Jones? He was my fiance at the tine. He is my husband now. Okay. And did he pick you up at your house at some point in time? Hm-hm. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES And approximately what time was that? About ten, a little bit past ten. Okay. After he met you at your house did you go somewhere?' We went to D?Angelo?s. Which D'Angelo's is that? The one on Montello Street across from Pete and Mary's. Do you recall approximately what time-you arrived there? About ten past. Ten past what? About ten past ten. When you first arrived at D'Angelo?s, whereabouts did you park? We parked like -- all right, the door, we parked facing -- we pulled right in and parked at the door. In relationship to Pete and Mary's, were you f?oing towards it or away from it? I was taoing away from it, we were facing away. -And did your husband Paul.get out of the car at some point in time? Yes, he got out and went in. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES I 7 Went in where? Went into D'Angelo?s. Okay, and did he do something, if you know; did you see him do anything when he went into D'Angelo's? No, just went in. Now, did you see anyone go into D'Angelo's while your husband was there? About a few seconds later a colored girl went in. Okay, and what did she do? She went in. I couldn't see past the door because it goes off. Okay. IAnd at some point in time did your husband come back out? Yeah, he came out a few minutes later. And did he have anything with him? .Yeah, he had our subs. When he got back in the car, did you go somewhere else. We turned the car around and parked it facing toward Pete and Mary's. On which side of the island was that? sides and then Well, the middle, there are two there is the island in the middle. We were on RICHARD L. BENDIXEN - Official Court Reporter .COMMONWEALTH VS DARRELL (DIAMOND) JONES this side. Okay. Facing towards Pete and Mary's. Denise. I would ask you to look behind you, just right behind you at Commonwealth's exhibit number 1, and I would ask if you recognize that area? Hm-hm. What do you recognize that area to be? Near the Brockton Police Station. This here is D'Angelo's. I can see it now. It would be on this side. Pete and Mary's would be here. right? MR. ELIAS: Your Honor doesn't mind if I move up? THE COURT: No. _If I might take the photograph array there. your Honor. THE COURT: You may. Denise. with the Court's permission if you would step down and approach this. Where we were parked? If you can show us where you were -- you are blocking the jury's View. If you could show us where you were first parked and where you moved to? L. BENDIXEN - Official Court Reporter MR. COMMONWEALTH VS DARRELL (DIAMOND) JONES 9 You can't see it very well but THE COURT: Don?t mark anything yet. Get the pointer for her. Please don't stand in front of the photograph, you are blocking the view from the jurors. "You stand off to one side. ?All right, we were parked -- all right, there is a door on the side. We parked straight in, okay, and then when he came back out with the subs, he turned the car around and parked in here like -where this truck is, only a few cars up so that we were facing Pete and Mary's. Okay, if you would resume the stand, please. MR. ELIAS: Could we move that out of my way, Judge? CUNNINGHAM: Denise, why was it that you.moved the car from one side to the other at D'Angelo's? Because we parked right in front of the door and he -- I don't know, he just decided to pull it "into one of the parking spaces. Okay, the black woman that you saw go into D'Angelo's after your husband, did you see her exit D'Angelo's? Yeah. I looked and she was coming out and she RICHARD L. HERDIXEN - Official Court Reporter amCOMMONWEALTH VS DARRELL (DIAMOND) JONES 10 .went towards Pete and Mary's: I saw her crossing the street. Denise. what was the lighting in the parking lot that evening? Well, there was D'Angelo's lights and the street. lights. It was pretty well lit. Now, as you were eating your sub or your sandwiches. did you have an occasion to see that same black woman again? She came back when -- MR. ELIAS: Judge I suppose the answer is "yes" to that question. THE COURT: 1 don't know. Did you have occasion to see her again? Hm-hm. THE COURT: All right. Where did you see her? She was coming back. From where? From across the street, from Pete and Mary's. And was anyone with her at that time? There was a colored guy. When and where did you first At what point from the entranceway of Pete and Mary?s did you first RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 11 observe her? I They were about in the middle of the parking lot. Okay, and were you able to observe the clothing on either of those individuals? Not on her. He had a -- like a Navy coat on, a' .green coat, it came down to a little bit past his waist: Did you make any other observations of that person at the time? Razz And where did those two individtui go? They went in. To where? D'Angelo's. And how long were they in D'Angelo's? Oh, about, two minutes, if that. Where did they go when they left D'Angelo's? They went -- There was a car parked, like a dark blue Grand Prix, she got in the car with another ggy and he went back across the street. Okay.? And the man that walked across the street. did you see him again? Hm~hm. When was that? RICHARD L. BENDIXEN - Official Court Reporter gageCOMMONWEALTH VS DARRELL (DIAMOND) JONES - 12 When he came out with the tall guy that got shot. Now, you say that he came out. 'Where did he come from? Pete and Mary's. And could you describe the two individuals that you saw come out of Pete and Mary's? There was the tall I guess he's Cuban, he was he had his jacket open and you reall? see the black guy because he was sort of half behind him and he was like, you know, behind -- sewn-inarena1 sear hag, but you could tell he was the same guy that went in with the girl and came out with the girl, Okay, what was that black man doing in ?relationship to the taller man? He looked like he was pushing him. Did you see where the black man's hands were? ?Gnemhand was, you couldn't see it, the_other hand logged like it was on his arm, you know, or his jacket, holding tight or something- Where did those two individuals go after they left Pete and Mary?s?- The The black man, the Cuban and the tall man? RICHARD L. BENDIXEN - Official Court Reporter H'wuhs .14iji'. COMMONWEALTH vs DARRELL (DIAMOND) JONES 13 The Cuban man got shot. Whereabouts did they go as you saw them leave Pete and Mary's? They were coming towards D'Angelo's, they were right in D'Angelo's parking lot. Were you able to observe their faces?? Haieiyeagw the Cuban guy, his face. Like the black guys he was sort of like behind him, your only got a quick glinpSet Now, could you tell us what happened in the parking lot of D'Angelo's between the black man and the taller Cuban? Okay,-it looked like -- Well, Paul said. look up, look at that, and I looked up and at first I- it looked like The colored guy, from what I-seen, he wasn't smiling and then the next thing I knew the colored guy came sort of in front like sideways (demonstrating) and did something, and he just took off running, and the. Cuban guy went up in the air, he went back, up in the air and just fell. And the colored guy dust took right off. How much time elapsed from when you first saw them L. BENDIXEN Official Court Reporter RMCOMMONWEALTH VS DARRELL (DIAMOND) JONES 14 coming out of Pete and Mary's until you observed the shooting? Just a few-seconds? And you told us the black-man ran away, is that correct? Hm-hm. Did you notice anything in his hands? When he was running, when Paul decided to chase .him, I saw a flash. indidn't see anything in his handa but I saw a flash;r and when we saw him -- when he was trying to jump the fence, his hands went up!r I saw his hands,-But I didn't see anything in his hands at that time.? So I don't know if he threw it. I How was the black man dressed when you observed him coming across the street? he had a_dark green coat, like a Navy coat, is past his waist, and he had dungarees on_and white sneakers. Do you recall what his build was? He was skinny, tall and skinny, not very tall. but medium height, about six feet. And slim. I And before you observed that person shoot the Cuban, had you seen him before that evening? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 15 With the girl. I And how long a time elapsed -- how much time elapsed between when you first saw him and when you next saw him? Just a couple of minutes, from what I'd say. Both times you were able to observe him in the parking lot at D?Angelo's. Now, you told us the black man ran. Whereabouts did he go? He went up another street, Wade Street, ?ard, something like that, I think it's called.? He ran up there and he cut across both -- the parking lot, he cut across Franklin Street and into the back of the cable building parking lot and there is another street that comes down, on the corner of the cable building, there is a little bit of a fence when that comes like this (demonstrating) and he ran up there and that's the last we seen of' him. ogay, as soon as he turned to run, what did you and your husband do? When you saw him in the D'Angelo's parking lot after he shot the Cuban. what did you do? Well, we sat there for a couple of seconds RICHARD L. BENDIXEN Official Court Reporter alignCOMMONWEALTH VS DARRELL (DIAMOND) JONES 16 stunned, and Paul said, he just shot him, and I didn't believe it because I didn't hear a gunshot so I figured he got stabbed and then Paul took off, he started to pull out and went after him. And when Paul pulled out, were you able to see that person, was he still in your sight when you left D'Angelo's parking lot? Yeah, he was going like around the corner. Now, after you lost that person, you didn't see him any more, where did you go? We backed out of the parking lot, went up Franklin, took a right at the set of lights, then we went down that other next street next to it. Next to what? _Next to the Cablevision, went down there and went back to D'Angelo's. Could you tell us what happened when you went back to D?Angelo's? I went inside and told him to call an ambulance, beoause I went up to the Cuban guy and he went lihe this immitating a gun (demonstrating). He made a_motion with his_fingers? Yes, and he was talking but I couldn't understand him, he was talking in a different language. And RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH vs DARRELL (DIAMOND) JONES 17 I went in D'Angelo's and told him to call an? ambulance and I went back in the car. Was anyone else at the scene at that time? No. Not at that time. Now, if we could just backtrack a second. Between the time that you first saw the black man walk across the street with the woman and the next time. that you observed him, did you see any other people come out of Pete and Mary's? Before I saw the black guy and the Cuban guy, there was a crowd of about four people and they were walking and they got into a car that was parked against the fence or the cement or whatever it is on the further side of the parking lot, and right behind Which parking lot was that? Right in D'Angelo's parking lot. And right behind those people, that's when I saw the black guy and the Cuban guy. And how close were they to that car? It was parked close -- The Cuban and black guy, how close were they to the car the other people got into? About from here to where you are. RICHARD L. BENDIXEN - Official Court Reporter 6 whichCOMMONHEALTH VS DARRELL (DIAMOND) JONES 18 Did you see whether that car moved or not after the shooting? Yeah. They were backing out and they drove right by him because I thought they were going to run him over, too. At some point in time did an ambulance arrive or fire truck? Hm-hm. Which arrived first? The fire truck. And could you tell us what happened when help arrived? They took his clothes -- the guy's clothes off, I guess, and started working on him. I was in the car. And at some point in time was the fellow that was lying in the parking lot taken away? Hm-hm. Did you have an occasion to speak to any people at the scene? No, Paul wouldn't let me out of the car. At some point after the ambulance left, did you have an occasion to speak to a police officer?' This colored police officer, big guy, he told us RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 19 to go up to the police station. And did you go up there? Hm-hm. Were you stopped first? No, not that I can remember. Did you speak to any other police officers before you went to the police station? 'No. They asked us to look at the crowd and see if we saw the guy in the crowd, and we said no? and then they told us to go up to the police station? Who asked you to look at the people in the crowd? I think it was the black the big heavy guy. And did you look at the crowd? Ewing How many people were there, if you remember? There was about 30. It was a big crowd out there. 'kndm?p?pgximately how much longer after the? shooting did you look at theecrowd? About five, ten minuteeg Where were you when you were asked to look at the people: the crowd? We were on our way to the police station. But did you stop at sohe point? (Nods head).- RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES Where did you stop? 'We were right there. What was your location? In D'Angelo's. You were inside the parking lot or outside? We were inside, I think. THE COURT: the car? We were in the car. And the car was parked where? In D'Angelo's. Where was the crowd that you were asked to at? in front of Pete and Mary'ss ?And what would the approximate distance be your car where it was parked and the crowd "was in front of Pete and Mary?s? distances. Well, it was ther?greet. I don't know, about the length Did any one of the police officers bring an individual up to you? Yes, they did. 20 Were you in the car or out_of look between that across of this: Do you recall which police officer did that? RICHARD L. BENDIXEN - Official Court Reporter l?COMMONWEALTH VS DARRELL (DIAMOND) JONES 21 No, I don't. And what happened when they brought this individual up to you? They asked us if this was the guy and I said, no, and Paul said, no. What was that person's appearance? Well, he had a bigger Afro and he was a little bit heavier. He just looked totally different, there was, you know, no comparison. Did you make any observations as to his coat, his jacket? No, just his face. And that wasn't the person -- No. -- you saw shoot -- No. Denise, how were you dressed that night? I think I still had my uiform on from work. Okay, and what kind of uiform would that be? I??s like a white nurse's uniform, a white dress, What was your state of mind at that time, Denise?? MR. ELIAS: Confusedii At some point you left that area down by RICHARD L. BENDIXEN Official Court Reporter 25' COMMONWEALTH VS DARRELL (DIAMOND) 22 D'Angelo's, didn't you? And where did you go? We went to the police station. Do you recall what time you arrived at the police station? No. Approximately? No. I have no idea. What did_you do at the police station? They brought us in a room and asked us to fill out a statement of what we saw. Did you fill out a statement? Hm~hm. Did you have an occasion to speak to a police officer after that night? We talked to Detective LaGarde. And when was that? A couple days later. Okay, and what did you do with Detective LaGarde, did he do something with you? Yes, he came to my wOrk and showed me photographs. Approximately how many photographs did he show you? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES - 23 About 6 to 10 to begin with. And did you look at those photographs? Hm-hm, What did those photographs depict? Excuse me? What were they of, photographs of what? 0f colored guys. And did you look at those photographs carefully? And in relationship to those photographs, did you tell Donald LaGarde anything? I narrowed it down to four, four of them looked, you know, familiar, and I told him there I couldn't be really-sures but out of the four I couldn't narrow it down. There was one, you know, that caught my eye, but I.wasn't sure so I just nag??wed it down to tears Did you have an occasion to see Detective LaGarde approximately a day after that. Yeah. And did you do something with him at that time? he showed me more photographsn And what were those paragraphs of?? Mostly the same males, only there was a few more. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 24 And did you do something at that time? I narrowed it down to the picture of Darrell Jones. And the picture that you picked out on that occasion, that was the picture of the person who you saw Shoot Guillermo Rodrigues on November 11th, 1985? He was the person that looked almost exactly like the guy I saw, what I saw; Denise. I'm going to ask you to look around the courtroom very carefully and see if you can see' the man who shot; I MR. ELIAS: _Judge. I?m going to object to that. I suppose it's the one_that she picked out _of the photographs that looked the most alike that she thought did it. Obviously, he's the guy that she thought the picture depicts. That isn?t the same thing. THE COURT: I will see counsel. ISide Bar: COURT: Was there a probable cause hearing? MR. CUNNINGHAM: No, there wasn't, your Honor . RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 25 THE COURT: So she has-never identified him. MR. CUNNINGHAM: 'No. THE COURT: Either in court or out of court? MR. CUNNINGHAM: NO: MR. ELIAS: Photographsf THE COURT: I'm talking in person. A photograph. of course. is not the same as identifying him in personh MR. ELIAS: I knowi THE COURT: I for one have troubles-with photographs.* I might be able to pick someone out in person but a photograph I might have some doubt about it. so-whatis wrong with him asking if she can identify him in the courtroom? MR. ELIAS: She's going to say, yes, she already picked out the photograph. that's the same guy. I THE COURT: not necessarily. MR. ELIAS: It isi she said I nailed it down to Darrell Jones.' COURT: How does she know Jones? MR. ELIAS: Because he's the defendant. THE COURT: She hasn't yet. MR. She knows it's Darrell Jones, RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES I ?26 nefre playing with semantics nowu Who else would it be sitting up there? Me? I don't mind her saying the picture she picked out is that guy. That's.all said, and she's not even sure of thati THE COURT: Perhaps you haven't laid the- groundwork, then, Mr. Cunningham, on whether she could. apart from any picture, identify him, because that's another question. EMR. ELIAS: Hasn't that already been tainted. by the photographs he showed her and she pointed_ out? THE COURT: _Whmiis it tainted? She can say when she sees somebody, yes. that is him. As a matter of fact, it has no bearing on it. MR. ELIAS: that:" she'd-be crazy not td. MR. CUNNINGHAM: We had a witness yesterday who didn't identify him in court: ELIAS: _She doesn't know him. This one doesn't either: THE COURT: But she did pick a photograph. the one yesterday. RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 27 MR. ELIAS: How do we know it? -We haven't seen the photograph: THE COURT: I expect we're going to get with it, and you know whether she did or not. .But she did pick a photograph. MR. ELIAS: That she knows to be photograph. THE COURT: I'm talking the other witness. MR. ELIAS: Yes, she says that?s Darrell Jones. I know. I don't have a problem with that. THE COURT: I'm sustaining the objection because you haven?t laid the ground work. (END OF SIDE BAR CONFERENCE) Denise, directing your attention back to November 11th, 1985 . the black man that you saw walk across the street with the black woman to 'D'Angelo's, how long were you able to observe him for? When I saw him with the colored girl? Yes. I just glanced up. i. Where'was he when you first saw him? When I first Saw him with the colored girl? To put it in perspective. between Pete and Mary?s and D'Angelo's. where was it that you first saw RICHARD L. BENDIXEN - Official Court Reporter ?mamCOMMONWEALTH VS DARRELL (DIAMOND) JONES 28 him? He was all right, there is the island and then there is a parking space, he was about.at the end of where the car would be parked, the back of a car, a car, so about a little bit more than a car length. And you were able to observe him for how long a distance? I don't understand that. Approximately how many feet were you able to watch him walk? I don't know. And later on did you observe that same person, is that correct? ,Hm-hm. And when did you first observe that black man with the Cuban? When they were about in the middle of the other side of the building; And approximately how long were you able to obserwe those two individuals? Well, I watched them for a couple of seconds, watched their faces. And this was in the parking lot of D'Angelo's? RICHARD L. BENDIXEN 5 Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 29 Hm-hm. And. Denise, would you tell us again what the lighting was in the parking lot at D'Angelo's? You had the lighting, it was pretty well lit. but. it was raining, it was drizzling out. Denise. I'm going to ask you to look around the courtroom and see if you can identify the individual that you saw on November 11th, 1985. shootw?uillermo Rodrigues in D'Angelo's parking 10mg THE COURT: MR. ELIAS: Objection, Judge: THE COURT: Overruled. From what I picked out on pictures?_ I No, what you can do independently of pictures. Well. what I picked out on pictures -- MR. ELIAS: Judge, I suppose the answer is yes or no. THE COURT: Not so much what you picked out in pictures. Apart from picking out anything. Well. I can't be one Now. you're not one hundred percent sure. NOE RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 30 Is that correct? (No answer) 'Do you see anyone in the courtroom who is of a similar description to that person that you observed that nigth MR. ELIAS: Objection. THE COURT: Overruled.l Yes. Would you point him out to us? Right there in the white. I MR. CUNNINGHAM: Your Honor, may the record indicate that the witness has identified the defendant. THE COURT: Yes. Nothing further Denise. MR. CUNNINGHAM: Thank you. Mr. Elias 1! Denise. there is no question that this has been a trying experience for you and you want to help if. you can to catch whoever may have shot the other fellow? Yeah. RICHARD L. BENDIXEN Official Court Reporter .. DARRELL (DIAMOND) JONES .31 Now, today you've always referred to the other 'fellow as a Cuban. Has somebody told you he was Cuban?? I Yes.' So you didn't make that judgment yourself? No, I just was told it; You adopted the police's suggestion to you? (Nods head)? In fact, you thought he was Portuguese. That's what you said the first time; I Hm-hmq And that night you made out a statement for the police when your mind was best in terms of memory of what you saw; you never said anything about. white sneakers. did you? I don't know; I don't think ?05 All right. Do you remember at the grand jury saying the thing you saw most were big bright white sneakers?? Didn't.say big bright white sneakers, I don't think I did.? MR. ELIAS: May I just have one second, Judge? THE COURT: Yes. RICHARD L. BENDIXEN - Official Court Reporter .IICOMMONWEALTH VS DARRELL (DIAMOND) JONES 32 Denise, I'm going to ask to read to yourself'a couple of lines. suggest to you this is the grand jury minutes when you testified before the grand jury. Okay? I just want you to just read at the top of page 6 to_yourself the question and then the answer and then I'll ask you a question. Okay? I already read this. Well, does that refresh-your memory as to what you may have said at the grand jury? Hm?hm, but I don't remember saying sneakers. Well. in there does it say big bright white sneakers? Yes. and I don't remember saying it. 'That's not the same as saying you didn't say it, is it? No: You said at one point in the grand jury that you saw these two people facing one another talking? "if: No._you didn't say that? No.. MR. ELIAS: May I have a moment, Judge? I'm sorry. Judge, I've lost myself here for a second. RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 33 In any event. Denise, and I'll withdraw that question. When you tried to talk to the person that had been shot. you couldn't understand the language he was speaking in. no; So you saw a black male that generally fits his description. Hm-hma No Afro. short hair? Short hair. Medium build? . That's why you are saying it looks like him? Hm-hm. Inofaetenwhenwyou Wire shown either six or ten pictures. the best you could pick was four of themh One caught my eye. I narrowed it down to four. I didn't want to pinpoint one at that time. Exen when you picked him out. you picked out thej the person? Yes. So you picked out the person who most looks like the picture you saw?- RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 34 And you are describing that mostly by, I assume, the build, hair you saw and slimness, that sort of thing? And a little part ofuw,im . g. . a hell, it all happened in seconds? Hm-hm. Very quick? (Nods head). When they asked you to look around the crowd and? saw everybody, I assume you looked? Right., And didn't see anybody; (Shakes head)? Didn't see anybody with big bright white sneakers on standing there, I didn't look at the sneakers: I just looked at faces and the crowd. Would you miss big white, bright sneakers? That?s -- He was running. That's probably why I said it before. If somebody was standing there while you were looking, you would see the big white bright RICHARD L. BENDIXEN - Official Court Reporter .- COMMONWEALTH VS DARRELL (DIAMOND) JONES 35 sneakers? Hm-hm, but I didn't look. You didn't look for the sneak I didn?t look at the sneakers: I looked at the faces: And saw nobody you could recognize? NOJ If the police officer said there was-half a dozen to a docen people out there would you agree with that number?? MR. CUNNINGHAM: Objection. No. No? If he were to say he stopped your vehicle while you were travelling towards the police station to ask you to look, you wouldn?t agree with that? I MR. CUNNINGHAM: Objection. THE COURT: Sustained. When the police officer asked you to look at the? people, you were_still in D'Angelo's parking lot? Hm-hm; I was in the car. In your car. At no other time did you stop to take a look at these people? RICHARD L. BENDIXEN Official Court Reporter awryCOMMONWEALTH VD DARRELL (DIAMOND) JONES 36 I don't understand that, what you?re saying. After you left D'Angelo's parking lot and on your way to the police station. between those two points, did you stop to look at the crowd? Yeah, the officer asked us to look. so we looked. Other than in D'Angelo?s parking lot, did you look? Yeah. we drove in front of D'Angelo's. You moved? Yeah. From where you were and looked again? Hm-hmt 'And still.didn?t see anybody? NO. IThe person the police first brought back to you thinking they had apprehended the suspect,'did he .have a yellow baseball cap ondon?t know what color it was. Obviously not something you have a memory of haying seen before? No. And he had a different kind of coat on? I didn't look at his clothes. Denise, you say what do you do for work or what RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH vs DARRELL (DIAMOND) JONES 37 did you do for work at that time? I worked with electronics. The uniform you said you had on, you are not a nurse? I work part-time nights at the Lobster Hut. That's what the uniform was? Yes. Denise, you know when you said you got dOwn to about four pictures with Detective LaGarde, didn't 'you ask him it-the fellow they were looking ?or? was one of those four?? I don't remember. Maybe I think I did. And didn't he say, yeah, you're doing pretty good, he's in there? Yes. And when he came back with some other photos, same Yeah.1 Did Paul in your presence tell the police that the _fellow he saw did the shooting jumped into a car_ with a wheel on the back, a red Cadillac, and drive away? No. You never heard him say that? RICHARD L. BENDIXEN - Official Court Reporter . COMMONWEALTH VS JONES 38 No. Has he ever told you that? No. he never did. Did you people chase him in his car? Yeah. Did you drive up Ward Street?- If that's the name of it, yes. It's a one way, the wrong way? I guess so. I don?t know, we didn't take notice. I know, but the one that is to the left of the used car dealership across the street? No. there is Ward Street and then there is the car dealership or auto parts place, Pete and-Mary's. and then there is Franklin Street. Which street did you drive up? Ward Street. Through the parking lot. Through the back parking lot across Franklin. Did you have him in your sight all the time? For most of it, ?es. Did you see him. you say, get up on the fence with his hands? I saw his hands grabbed. And you no longer saw anything in his hands? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 39 N03 Was he out of your sight long enough to have gone into another building and_disposed of a weapon? Well, -- I I MR. CUNNINGHAM: Objection. THE COURT: Sustainedyour sight for any period of time? Well, we seen him reaching the fence and of course we can't go through the building so_we turned around and were I guess Paul was going to head him off or something, I don't know. I Were you flashing your lights or blowing your horn- or yelling or anything like that? No. I And then came right back down to the scene? Yes. MR. ELIAS: May I just have a moment, Judge? I think that's all, Judge. Thank you. THE COURT: Did you notice whether or not his clothes had pockets? No, I don't think so. THE COURT: It didn't have pockets or you RICHARD L. BENDIXEN - Official Court Reporter -17_ COMMONWEALTH VS DARRELL (DIAMOND) JONES ?40 didn?t notice? I didn't notice. THE COURT: Okay. Anything else, Mr. Cunningham? MR. CUNNINGHAM: If I could have just one. second, your_Honor. MR. CUNNINGHAM: Nothing further. Thank you. THE COURT: All right, you may step down. You may remain in the courtroom if you wish. THE WITNESS: No, I don't think so. MR. CUNNINGHAM: Paul Jones, please. THE CLERK: Do you solemnly-swear the evidence that you shall give to the Court.and fury in the issue now depending between the Commonwealth and the defendant shall be the truth. the whole truth, nothing but the truth. so help you God? THE Yes. MR. ELIAS: Excuse me, can we approach the side bar. Judge? RICHARD L. BENDIXEN - Official Court Reporter a?w?COMMONWEALTH VS DARRELL (DIAMOND) JONES 41 THE COURT: Yes, you may. Side Bar: 'think I represent his mother :ther is Rosella Jones, and I see him, and I think I saw him 'er before that time seen this if it makes any difference, but ng else we ought to cover. I?ve ng: it?s fairly obvious. What's the name of the case that ears ago on this matter? Wasn't it with the law firm -- MR. CUNNINGHAM: Western part of New England, wasn't it? MR. ELIAS: Wasn't it one of the law firms, one of the associates came in on it? The thing that conoerns me is Judge Wagner just said he got a note from the SJC involving me, and he was going to send me a copy of it, and he.never did, and we were going to have a hearing of it, and that was_ last seek. Maybe I'm being oversensitive for nothing, I don't know; THE COURT: I don't think you are. I remember when the case came down.. I couldn't help RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES '42 reflect upon faces I had in the past. I remember one I cross examined, my client. The defendant was found not guiltyclient. It didn't bother me. MR. ELIAS: I frankly think the Supreme Court is crazy, but anyone worth -- We might ask him if his mother is Roselle. MR. CUNNINGHAM: Save that for cross- (END OF SIDE BAR CONFERENCE) Cunningham 3! BY MR. CUNNINGHAM: Sir, would you identify yourself for the jurors the Court and the record? Paul Jones. And what town do you live in, Paul? Raynham. Are you employed? Yes. Where is that? Churchill Linen, Brockton. Are you going to-work today? Yes, I went to work this morning. RICHARD L. BENDIXEN - Official Court Reporter COMMONVEALTH VS DARRELL (DIAMOND) JONES 43 Now, directing your attention to November 11th, 1985, did you have an occasion to to pick up Denise Perkins that evening? Yes, where she used to work. Where was that? Lobster Hut. Did you go any place after you picked her up at the Lobster Hut? Went to her house. After you went to her house, did you go somewhere? D'Angelo's. Approximately what time did you leave Denise's house? It was after ten; she got out of work at ten. And Denise Perkins is now your wife, Denise Jones?; Yes. Do you recall approximately what time you arrived_ at D'Angelo's? Ten-thirty. which D'Angelo's did you go to? on Montello Street, Brockton. And are you faniliar with that area? Pretty much, yeah. Now, when you first arrived at D'Angelo's, where RICHARD L. BENDIXEN - Official Court Reporter 20_ '21COMMONWEALTH VS DARRELL (DIAMOND) JONES 44 did you park? Facing towards Boston, I guess, north in front of it, in front of an island, there is an island in the front of D'Angelo's. Okay. And were you facing towards Pete and Mary?s or away from Pete and Mary's? Toward Pete and Maryts. What did you do when you parked your car there? My wife stayed in the car and I went in D'Angelo's and ordered some dinner. Did you make any observations_of any other patrons in D'Angelo's when you were in there? When I was in there, a black girl had come in and ordered a sub. And what did she look like? She was a.big-boned girl, she was -- her hair was like curled, straight and then curled at the bottom, curled up, it was about to like the bottom of her ears. And how long were you in D'Angelo's with her? She only walked in for a minute, she ordered and said she'd be back to pick it up. I Did you order subs there?- YES . RICHARD L. BENDIXEN - Official Court Reporter 3% {5 1 I COMMONWEALTH VS DARRELL (DIAMOND) JONES 45 .9 2 Q. At some point did you receive your subs? 3 A. Yeah. hm-hm. 5i 4 Q. What did you do after you received them? 5 A.- Went'to the car and ate them. 6 HQ. Did you move your car after you got your subs? l[ 7 A. I donit remember if I did or not. I'm not sure, .1 8 In?pn't think so; '9 Q. Now. where was your car parked when you oame out ii 10 of D'Angelo's? 11 A. In front of the island. 12- Q. Facing which way? it 13 A. I Towards Pete and Mary's. - 14 Q. Did you have_an occasion to see the same black 15 woman you had seen in D'Angelo's again? 1; 16 A. Yes. 53' 17 Q. When was that? ril 13 She walked back into D'Angelo's. i 19 Q. Was anyone with her? 20 A. There was a black guy with her. Ii 21 Q. When did you first Observe them -- Let me ask you 22 thisir Did you see the black woman leaye 23 D'Angelo's the first time? 24 A. The first time she left D'Angelo's. I was inside. 'l 25 Q. You didn't see where she went? RICHARD L. BENDIXEN - Official Court Reporter . H?COMMONWEALTH VS DARRELL (DIAMOND) JONES 46 I think across the street to the barroom. The second time that you observed her, approximately how much time had passed between the first and second time? FiVe. six minutes maybe. Did you see where she was coming from? Pete and Mary's. When you observed her the second time? Pete and Mary's Bar. And someone was with her at that time? Yes. Were you able to observe them from the entrance or exit of Pete and hary's? When they exited? Yes. Pretty much. yeah. And were you able to observe them as they went somewhere? Yeah. the black male. he went back across, the a can: Ohay, but before that point. when you saw them coming out of Pete and Mary's, did you see them go somewhere? Into D'Angelo's. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 47 And -- Together. Did they go through D'Angelo's parking-lot to arrive at D'Angelo's? Yeah, from Pete and Mary's they walked across the parking lot. In? And approximately how long were you able to observe these two individuals? A minute and a half, two minutes as he walked by. How close to your car did they come? Eight feet, nine feet. You were in your car at that time, is that correct? Hm-hm. Could you tell us what the lighting was in D'Angelo's parking lot at that time? The lighting was pretty well lit. They had a big sign there, D'Angelo's. Inside D'Angelo's is lit up and it's all glass. And you were eating your sub at that time? gas. Were you able to see your sub okay? Hm-hm. Now, the black man and the black woman you had RICHARD L. BENDIXEN - Official Court Reporter n?wbCOMMONWEALTH VS DARRELL (DIAMOND) JONES 48 seen earlier, they went into D'Angelo's, is that correct? A. Hm-hm. Q. Approximately how long were they in D'Angelo?s? A. Oh, four minutes. if that. Q. Just to back up a bit, do you recall what the black woman ordered for a sub when she was in D'Angelo's? A. It was somethino with everything on it. Q. Now, when the black_man and the black woman came out of D'Angelo's.r did yOu see where each of them went? A. When they came out? Q. Yes. A. street, other side of the island to the right facing the same WBY as my car. Q. And where did that car go? A. It,drove off with somebody else driving. Q. And you were able to observe the black man walk from D'Angelo's to Pete and Mary's? A. Yes. Q. What?s the approximate distance. if you know, L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 49 between D'Angelois and Pete and Mary's? This room and maybe half again. And you were able to observe him for that entire distance? Yeah. Did you see that same black man again that evening? Did I see that black man again that evening? Yes: I I'm not anewhundtedeercent-sure, no.'5 Did you see anyone let me rephrase that. After you observed that black man go into Pete and Mary's, did you obserVe other people come out of Pete and Mary's? Yeah, there was four people that got into this, I think it was a Lincoln Continental. They left Pete and Mary's and got_into the Lincoln Continental -- Do you remember what color that car was? I:n not sure. Was there anything unusual about that car? Had a big wheel in the back. a spare tire. After you observed those people exit_Pete and Mary's, did you see someone else leave? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 50 Yeah. There was two guys, a Spanish guy and a black guy, that was leaving together. And when did you first observe them? When they reached the parking lot of D'Angelo's parking lot. And can you describe those two individuals for us? A black man and a Spanish man.'or Cuban man. Do you recall how they were dressed? The black man had like a long coat, dark pants, think. _He was taller. Were the two individuals walking together? Yeah. What was the relationship between the two of them as they walked? Well, the black man was pushing up against the Cuban guy and he wanted to walk like towards me, my ear. and the black man was pushing against him with his arm up like this. and then he got shot. did you see anything in the black man's hands when he was walking? No. it wasn't in his hand when he was walking, nothing. You said, then he got shot. Would you tell us who RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS (DIAMOND) JONES 51 got shot and what happened? The Cuban guy got shot by the black man. The black man had reached into like his shirt or pants somewhere in here and had a gun and punched him- unduahhnded in the gut and pulled the trigger at' the.sameitim8. And after he did that, were you able to observe the Cuban? - Well, he went up in the air. I'm sorry, what did he do? He went up in the air about like two an a half, maybe three feet and landed on the ground and didn't move much, and the black man turned and ran, ran across Montello Street. And I said to my wife, my girlfriend then -- MR. ELIAS: I'm going to object to any conversation between he and his wife. -THE COURT: Objection is sustained. When you observed the taller man being shot, fa1ling to the ground, what did the black man do? Turned and ran. Were you able to see his face when he turned and ran? Not reallyu RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 52% Enrauygu able to see what clothing.he had on? A long jacket, sneakers, white. big white, bright white sneakers. And was that black man the same man you had seen earlier? I'm not sure, no. Possible. You say that the black man turned and ran? Hm-hm.. When he did that, did you do something? Yes, I followed him. Where did you follow him? I'm not sure of the name of the street, it's a. one~way street across from D'Angelo's.u Where did he go? Through a parking lot behind the auto body place. and jumped over the fence at the Cablevision. a cement wall. So you lost him in the area of the CableviSion building? Yeah, hm?hm. when you lost him, what did you do? I went back down D'Angelo's. And your wife was with you at this time, is that correct? RICHARD L. BENDIXEN - Official Court Reporter raw COMMONFEALTH VS DARRELL (DIAMOND) JONES 53 A. Yes. Would you tell us what happened when you went back to D'Angelo's? A. I drove up to D'Angelo's, my wife went inside and told them to call the ambulance and she got back in the car and I drove back down to the guy, it was about 25 feet away, and got out of the car and tried to see if he was all right. Q. And what observations did you make of him at that time? A. He was trying to talk. he wasn't speaking English1 and made a motion like this (demonstratino) and then grabbed his stomach, kind of curled into a ball and then passed out. Q. At some point in time did a fire truck arrive? A. Yeah. A fire truck and then an ambulance: a few police cars, four, maybe five police oars. Q. And what did they do with the person that was lying on the ground?. - A. They just -- they'put him on a straight board, put him in the ambulance real quick and took off. Q. At some point in time did you speak to a police officer? A. Yes. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 54 Do you recall who that was? I'm not sure of his name. And did you give that police officer a description of someone? Do you recall what that description was? Same as I said to you earlier, a long coat. Okay. Now, at some point did the did one of the police officers bring an individual back to you to be identified? 1m . Did any police officer ask you to look at someone? 0n, yes, when-we rode down the street he asked us if we would go to the police station and then he? followed us and pulled us over and asked us to go back at the barroom there, Pete and Mary's, and he asked me if this was the guy that shot him, and I said. no. I What did that person that he showed you look like? He;was a black man, he was wearing a cap, baseball cap and he had a long coat similar to what the. other man was wearing. And was that the man? No. RICHARD L. BENDIXEN - Official Court Reporter . . -Yeah,uthere was a lot of people there. COMMONWEALTH vs DARRELL (DIAHOND) JONES 55 Were you asked to identify anyone else, Mr. Jones? Just pictures. Okay. but at the scene were you aSked to identify anyone else? No. Did the police officers ask you to look arOund the crowd? And were there other people there?_ Approximately how many? The whole barroom. 12, 15 people, that not all at once had come out but had gathered up and started walking around. When the police officer asked you to look around the crowd and see if you could identify anyone, did you do that? Did you look at the crowd? Yea. I And did you see anyone that you recognized? Nen' I What was your state of mind at that time? I really couldn't recall. MR. ELIAS: Really what? What did he say? MR. CUNNINGHAM: Couldn't recall. RICHARD L. BENDIXEN Official Court Reporter DARRELL (DIAMOND) JONES 56 How-far away from the crowd were you when you were asked to look at the crowd? We pulled right up. there were people on the sidewalk and I pulled right up on the sidewalk, because the cop had asked me to come back and was pretty much right in the crowd. - Did you speak to anyone other than the police- officer? MR. ELIAS: I'm sorry? (No answer) MR. ELIAS: Did he say, no. or. I don't know? I didn't answer that. I don't believe so. The _fire department. the guy's in the ambulance. At some point in time did you go to the Brockton Police Station? Yes. And when was that? Later on that night. What did you do at the Brockton Police Station? Just kind of pretty much filled out what we saw on a piece of paper, wrote out what we saw happen and descriptions and things like that. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 57 What was your state of mind when you were filling out the police report at the police station? I was pretty much wondering how the guy was. Now, directing your attention to the day after you observed the shooting, did you have an occasion to speak with Detective Donald LaGarde at the Brockton Police force? Yes. Where did that meeting take place? My place at work, Churchill Linen. Did he do something with you? Yes. What was that? We went in the office and he laid out some pictures of black men. Do you recall approximately how many pictures? 12. I And did you look at those pictures? Yeah- Did you do something regarding those pictures? Say it again. Did you do something regarding those pictures? He asked me to see_if I could pick out the man I saw that night that shot the other man. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES What did you do? I wasn't really sure. I said it wasn't this one 58 and it wasn't this one, possibly it could be this one . Did Detective LaGarde show you a photo array again in at some time? Yes, at the police station. When was that? I think the next day, about 2 days after the incident. Could you tell us what happened at the police station two days later? First he asked me do this drawing, print-type thing. He did the drawing and I did the facial stuff, shapes and stuff like that, of the girl that was in D'Angelo's. Okay. And that was of the girl you saw at D'Angelo's. Yes. N93, did Detective LaGarde_show you some photographs at that time? Yes. after that. And did you look at those photographs? Hm-hm. RICHARD L. BENDIXEN Official Court Reporter -?mf w, eds?WW4 COMMONWEALTH VS DARRELL (DIAMOND) JONES I 59 Q. What were those photographs of? A. Black men. Q. And did you make one of those photographs out? A. I believe I did. I?m not sure. Q. Do you recall picking a photograph? A. I think I did. Q. . And who was that photograph of? MR. ELIAS: Objection. THE COURT: Sustained. I'm going to object t. that. THE COURT: .Sustained, I said. MR. ELIAS: I'm sorry. Q. j? The photograph that you picked. was that the same individuals. same individual, that you had observed on November 11th, 1985. in D'Angelo's parking lot shooting Guillermo Rodrigues? A. 3% I'm not exactlr?-- MR. ELIAS: I object to it, Judge. THE COURT: Sustained. Q. You picked out a photograph? Hm-hn. Q. Where had you seen that individual that you -s that was depicted in that photograph? MR. CUNNINGHAM: Objection. RICHARD L. BENDIXEN - Official Court Reporter MR. COMMONWEALTH.VS DARRELL (DIAMOND) JONES 60 THE COURT: Overruled. MR. ELIAS: May I be heard on an offer, Judge? THE COURT: Yes. Side Bar: MR. ELIAS: I think the state of the evidence is-he's not even sure he picked out a picture and he just asked him when you picked out a picture was that the same guy. He never said he picked out a picture. THE COURT: He said that he did. MR. ELIAS: I'm sorry. COURT: :Eventually said that he did. MR. ELIAS: He thinks to did, he never got ?beyond that. THE COURT: I'm going to allow him to answer it. CUNNINGHAM: You can answer that question, if you recall. Could you ask it again? The picture you picked out that evening or that day with Detective LaGarde. where had you seen that person before?? I wasn't one hundred percent sure, but I think I RICHARD L. BENDIXEN - Official Court Reporter COMHONWEALTH VS DARRELL (DIAMOND) JONES 61 had seen him at D'Angelo's. Was that the same person that you observed at D'Angelo's on November 11th, 1985 at approximately ten-thirty? It was the same person I seen with the girl in D'Angelo's. And your testimony was, sir, the individual that was with the girl -- Well, let me ask you, what was your testimony regarding him -- I think_that same person was the one who shot the Cuban man, the tall guy.? Thank you;[ I have no MR. CUNNINGHAM: further questionsPaul, you're not sure of that at all, are you? Say it again. The person with the girl you're not sure is the same person that Shot the man. No. it And you don't want anybody to assume you are sure, do You. at I don't, no. RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 62 In fact when you gave the statement that night to the Brockton Policewhite guy and black guy? I'm not sure. . ,Q?Are. you sure- aaru-was-whiAtom? and {gm shkaekwquy? _An 3: Isminoeomnro. Did you say after the shooting you saw a party get into a red car with a tire on the back? I didn't say a red car. I said with a tire on the back. That was before the shooting. Paul, let me ask you first do you recognize this document: is that your signature? Yes, it sure is. Want to read that to yourself for a moment, please? I Sure. Hm-hm. Does that help refresh your memory of the statement you made that night?. A little bit. Do you have some doubt as to whether that is your _statement? No. RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH vs DARRELL (DIAMOND) JONES white guy and a black duy come out. Of Pete and Mary?s? Yes. Yeahparty get in a red car with a wheel in the-back after the shooting? Hm-hm. I That isn't what you saw. though? fhat's what I saw. But today it isn't what you saw, is it; you still think you saw a white guy and a black guy? Get into the car with a wheel in the back, yes, I did say that. Didn't you say the black boy was behind and was punching the white boyread it again. Maybe I?m going too fast for you. Hm-hns Does that help refresh your memory at all? Ygga Did yOu say you saw the black boy pushing the white boy?- Yes. he's a Cuban guy. Yes. but you never said you saw the white and the RICHARD L. BENDIXEN - Official Court Reporter DARRELL (DIAMOND) JONES 54 biack boy get into the car, did you? I don't think We have a small commu?icatioh gap herethe red car with a wheel black any, I believe a White guy, and two girls, air?? tWo white girls. Was it the same white guy you saw being punched by the black guy? No. You been there were two white gUys there? Yesr they Walked out first and got into the car. There Wee a white guy with the grodp that came.out and got in the car? I . _Right. And there was a white guy that was fighting ?ith the black guy?" . 3 Yes. All right. Thelfirst time yod.tried to pick out a photograph you picked Somebody out and Said to 1 i -: LaGarde: have I got the right any, didn't yo?? I don?t b?lieye that's what happenedr All right. Did yOu testify before grand jury: do you.remember doing that, Paul? RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH vs DARRELL JONES. 65 Yes. What I said was I Well, letjs do it this way and see what happens; I Nant to refer you to page 28, and khat I would like you to do is start that question, read that to yourself and on page 29 read yo?r anSWer to yo?rS?lf; please. Okay. Now, let me ask you again: After you ?ere ask?d to pick out a picture and you did, did you ask Detective LaGarde, did I pick out the right guY? I don't know if I did or not. I ?ill?aak.you to road that, with your Honor's permissiohli MR. CUNNINGHAM: I obj?ct'to thia. THE COURT: Sustained. LDid you say what you just read there or do you have no memory of Saying it? MR. CUNNINGHAM: Objection; I'm not sure if I said that or not. hel? catch whoever it safe. Ma; Objection. THE coUnwz? Sustained. The per?on they brought back.for you to idehtify, RICHARD L. BENDIXEN - Official Court gepofter . '1 34 1 - COMMONWEALTH vs DARRELL JONES 66 2 I you immadiately said, no. i A. It Wasn?t him. .4 Q.- BecaUse he had c?r1y_hair and-a Yellow baseball 5 cap? I I 5 A. Right. - 7 Q. And his coat wasn?t long enough? 3 '8 - A.I - No, that's not what I said. 9 Q. Okay, how long is the coat that you say tha peraon' 10 that you saw do the shdoting hav6_on? 11' A. Just balow the pockets mafbeAnd ?hit? aaeakers_on his feet. _Bridht white 15 - . I mistak? that? I i .16 A. free?. I 17 HQ. .inythihd o? his head? - 13' A. Not that I race-.11." 19 I Q. I When the police bfo?ght Excuse '20' s?ratch that. 3% _h21 I 1" . poi?t-YOu 15ft D'Angeloia to head 22 . I 3 towards that-police statidn? 23 24- I Q. They brought You back from theta right up i? front 25_' of Pete_and Mary's?_ RICHARD L. BENDIXEN Official COurt'Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 69 Did you see her there? ,I?m not sure, no. Well, you had a great opportunity to observe her, didn't you. in D'Angelo's? Yes. Didn't she kind of push you out of the way? Rubbed up against me. Pushed you out of the way, was going to go ahead of you? Yes. And you took note of her? Hm-hme You are not sure she was in one of the photographs? No. Did you try to make a sketch? Yes. Did you try to make a sketch that looked like her? .gwthink so, yes. I I Dgfyou know where that sketch is? No. MR. ELIAS: Do you know where the sketch is? MR. CUNNINGHAM: Objection. THE COURT: Sustained. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 70 MR. ELIAS: Judge, -- THE COURT: Side bar. Side Bar: MR. ELIAS: Judge. I think if the -Commonwealth has it, they have an obligation to give it to me. I may test -- THE COURT: I don't think you have a right to have it in front of the jury like that, thatfs all? THE Do you have such a picture? MR. CUNNINGHAM: I believe there is one. your Honor, and I believe Mr. Elias has it. MR. ELIAS: Like I had everything else -- MR. CUNNINGHAM: It's a matter of dispute. I have it marked in my folder: I gave it to you. MR. ELIAS: May I have another copy if you have it? 1 MR. CUNNINGHAM: It's in the second copY: I have it; MR. ELIAS: I don't have it. COURT: You lost that, too? MR. ELIAS: I apparently lost everything he. gave me until he gave it to me again. MR. CUNNINGHAM: I RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS OARRELL (DIAMOND) JONES 71: MR. ELIAS: Joe thinks he gave me -- There is no date of when and where. THE COURT: It was not in that group yesterday. MR. ELIAS: I didn't see it. THE COURT: Would you look again? MR. ELIAS: Right now I will.? THE COURT: Do you need it with this witness? MR. ELIAS: I brobably don't want it at all, Judge, but Iid like to see it. (END OF SIDE BAR CONFERENCE) You had a clear View of these_four people, at 'least the two people coming out of Pete and Mary?s: walking towards D'Angelo's, let's say the Cuban and the black? Hm-hm. Ha?d??bt in your mind the black-person you.saw was not.holding a gun until such time as he reached ??gi?tsond~shot?? Right.' -He wasn't walking with that gun holding it-down in this fashion? No. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH vs DARRELL (DIAMOND) JONES 72 Q. The first time you saw it was he went like this and like that (demonstrating). A. Underhand, yes. MR. ELIAS: I den't have any further questions, Judge. MR. CUNNINGHAM: I have nothing further with this witness..your Honor. I THE COURT: You may step down, sir. MR. CUNNINGHAM: Lisa Pine, please. I SWORN TESTIMONY OF MARIE PINA I 31 THE CLERK: _Do you solemnly swear that the evidence you shall give to the Court and jury in _the issue now depending between the Commonwealth and the defendant shall be the truth, the whole truth, nothing but the truth, so help you God? THE WITNESSMR. CUNNINGHAM: Q. Good morning. Would you identify yourself for the jurors? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 73 MR. ELIAS: Could I ask you to bear with me one moment? I just want to locate something. Okay, thank you; I Would you identify yourself for the jurors, the Court and the record, please? Lisa harie Pina. Where do you live, Lisa? In Plymouth. How old are you? 22. And are you working? Yes. Now, Lisa directing your attention to November 11, 1985, did you have an occasion to be in that Pete and Maryfs, a barroom in Brockton? Yes, I was. Do you recall approximately what time you arrived there? I Probably 9530, between 9:00 and 9:30, around there. Who did you go there with? I went there by myself. Did you meet any friends there? Yeah, I seen a few friends there. RICHARD L. BENDIXEN-- Official Court Reporter COMMONWEALTH VS DARRELL JONES 74- Who did you see there? I seen a lot of people there, but I was basically drinking with Bo Bo, Edna and Terri. Okay, do you know their laSt names? Bo Bo Watson, Edna, no, and Terri, just Terri Lynn's. And did you know an individual by the nickname of Pow? I heard of him. I didn't know him personally. Now. at some point that evening did you have an. ocoasion to leave? Yeah, we were all getting ready to leave, we were .all leaving there. Okay, who was going to leave together? Me, Bo Bo, Edna-and Terri Lynn: Do you recall approximately what time_that was? No. How long had you been at the bar,'if you know? Probably about an hour: yeah, about an hour. Okay. And did you in fact leave at that time: you left fete and Mary's? Yeah, we left. Where did you go? We went out in the parking lot to get in the car. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 25 And whose car was that? Bo Bo's. Where was that car parked? Not -- Yeah, in the parking lot of D?Angelo's, across from the D'Angelo's, that empty parking lot, right there on the side. Across from -- Across from Pete's, but D'Angelo's is this way. And could you tell us where you were positioned inside the car? I was in the back seat on the passenger side. And where were the other people? Bo Bo was driving, Edna was in the middle, Terri was on this end, yeah, there was another older guy that was Bo Bo's friend that was sitting next to me in the back seat. Do you recall what kind of car it was that'Bo Bo had? I An Eldorado, cranberry Eldorado. Anything unusual about the back? It has a wheel in the back. Now, what were the lighting conditions in the D'Angelo's parking lot when you were in the car? Dark. L. BENDIXEN - Official Court Reporter - . -Could I describe them? ?outside. COMMONWEALTH VS DARRELL (DIAMOND) JONES 76 At some POint did you have an occasion to see two males crossing Montello Street? Yeah, I seen two males cross there. Approximately how long after you got into the car did you see them? Well probably -- I don't know, a few minutes. Yeah, a few minutes. Did you see where those two men came from? No. Not exactly, no. And can you describe those two men for us? Well, they said it was Pow, and the other one was dark?skinned, just wearing dark clothes. Could you describe them. though? Dark clothes: it was dark I wasn't studying them. Had you seen either of those two individuals earlier in the evening? It's your testimony you hadn't seen them in Pete am; Mary's? No.- Could you tell us what you observed those two individuals doing? All right, when we were in the car, they came RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 77 across the street and they were side by side and they were walking across the street; and where_our car was parked, you go in this way, he came over towards the parking lot in back of us and I seen Pow fall. Which one was Pow? The older guy. Now, how tall was this individual: Pow? I don't know, regular height. In relationship to the other male. how tall was he? 'Medium height. Was he taller or shorter than the other male? He's shorter. And the black male? Shorter. Let's go back.just a minute. There were two men that you saw, is that correct? Yeah, there was two men that came across the street. Could won describe them for us? I wasn't studying them like I had told you. but the dark many?it was a dark-skinned man wearing dark clothing. RICHARD L. BENDIXEN - Official Court Reporter DARRELL (DIAMOND) JONES 78 How tall was he? Medium height. I wasn't looking at his height. The other man, could you describe him for us? Light skin, light clothing; yeah, like jacket or something. Was he taller or shorter than the first man? Taller: yeah, I think he's taller. Now, what did you observe those two people do? I told you they came across the street, they were like side by Side. like this, walking aeross.the street, and you would think like it was buddy-buddy, it was a friend, the way they came across the street. and then I seen one of them fall, the older guys Did you hear any noise? No. The windows were rolled up in the car. Did you see the smaller black man make any_ movements with his hands? .- I When the taller man fell, did you see the black man do somethingsomewhere? He must have Evidently he left, but I didn't RICHARD L. BENDIXEN - Official Court Reporter ?We21_COMMONWEALTH VS DARRELL (DIAMOND) JONES 79 see what direction he went in. I was looking at the man on the ground. And you didn't see what happened to the other man? No. I wasn't looking at him. When the two individuals were crossing the street, did you hear someone say something in the automobile that you were in? Yeah. Who said something? it was one of the girls. Edna or Terri Lynn. And what was said? They said Diamond's name. Did they say anything else? No. What did they say about Diamond? They just Blid, that damn Diamond. yeah, that damn Diamond. New, did you know a person by the name of Diamond? i"do no??know Diamond. and at that point when they mentioned his name I had asked them who was_ Diamond,?and they said never mind. Lisa. leave it alone, never mind. The shorter black man who you saw, had you seen him in Pete and Mary's earlier that evening? RICHARD L. BENDIXEN - Official Court Reporter ass COMMONWEALTH VS DARRELL (DIAMOND) JONES .80 HQ. I And the taller man you hadn't seen either? No, I do not know I don't know them personally. What did you do when you saw the taller man fall? I looked; we went in the car, I looked, and then Bo Bo said let me get out and help him, and I told Bo Bo just forget it, just forget it, pull by Pete and Mary's and I'll run in and call the ambulance. And?whEnwwewbaekediup;?Ht?w?s eldse enough to us, because when we backed'up; we could see him and he just looked up at us and?we?left, and we went to Pete and hary's, but I didn't call, my girlfriend called. How close was the taller person to your car when _you were backing up on the ground? I All right, from here to over there, that little pole right there. Yeah.r yeah. And that would have been the same distance as the two individuals were to you in the car, isn't that fair to say? Excuse me? How close were the.two individuals to your ear when you observed them? Let me see, we were like this, yeah, maybe a RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES -81 -little more farther, maybe just a litt1e_bit more. Yeah. And you were able to look at them through the window, is that correct? -No, I looked through the window when he was on the ground: when he was on the ground, that's when I seen him.' When you heard the words that Diamond, that damn Diamond, did you look at anything? No, let me see, when she said that Diamond, that damn Diamond, everything was already over and done_ with. We were leaving when she said that Diamond, that damn Diamond, and when I asked her who's Diamond, she told me never mind. But you were able to observe the taller man fall, weren't you? Yeah, I seen him fall. And the other man was right by him, wasn't he? Yeah, they were close together like this and the other one fell. After you left Pete and Mary's, after you went in to call an ambulance and you went into Pete and Mary's, where did you go? Bo Bo's House. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 82 What did you do there? I We sat in there and was in a state of shock for what we seen. Did you talk about the case at all, talk about the shooting? Yeah, we were just we just talked about that, we didn't think we were going to see something like that. where we were just in there having a few drinks and we left all laughing and giggling. Did Detective Joseph Smith speak to you I-approximately a day or two after the shooting? Well, they came -- the detectives-cane to my house twice. The first time they came I wouldn't say nothing, and it was two-detectives. Then the aeoond time, one of the same ones came, and it was Detective Smith that camer'and?I know him from before, working at MacDonalst. and which I still wouldn't say nothing until he came in and he told ?ne that you did see something. but I refused to say anything. Did he show you sone~photographs? Yeah, he was very.rude about it when he showed it to me. How many photographs did he show you? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 83 A. Etta Q. Did you pick one of those photographs out? A. What? I didn?t really want to look at the photos from the beginning but he insisted on me looking at them, and he went out to the car and he got the photos and he came back. and I was crying at the time and he insisted on me looking at the photos. So when he laid them out I knew three of the people anyways and there was three left. and I still told him I'do not want to look at Ehe photos, and he told me to pick a picture. pick a picture. and I was there crying, so I piched a picture. and it happened to be Diamond?s picture. Q. And the picture that you picked, was that the man that you had seen on.Novenber llth. 1985? A.igg no; I No, I wouldn't say that. noo' MR. CUNNINGHAM: Nothing further. MR. ELIAS: Q. I assume you say it's not the person because you didn't have a sufficient opportunity to observe RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 84 him on November 11th. 1985? No, it was really dark out. it was dark. Windows were up in the car? (Nods head). Rain on the windows? Yeah. plus we were hawing our own conversations among ourselves. Had all been drinking? Yeah, I had a few drinks. Terri have something to drink? Yeah, we were all drinking: And you don't even know who said that's Diamond. it was either Edna or Terri? It was one of the two. MR. CUNNINGHAM: I have nothing further of this witness. THE COURT: You may step down. MR. CUNNINGHAM: I believe Mr. Elias has a request. MR. ELIAS: I would wonder if You would take: the morning recess at this moment. All right, ladies and gentlemen. I'm going to excuse you, there are some matters I have to take up with the lawyers. So you are RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES O85 excused and you may have coffee. (Jury leaving at 10:37) (Jury not present) THE COURT: Mr. Elias. MR. ELIAS: Judge, I mentioned earlier this 'morning what.I think may be.something that ought to be addressed by the Court. my client in fact. is not even aware of it, so it's the first time he's hearing it, but when I left the courtroom yesterday, one of the court officers mentioned something that brought to mind that in the past I have represented Fotis Colocousis. who is a Brockton police officer. THE COURT: How long ago was that? MR. ELIAS: I would think about five or six years ago. He was a defendant being sued as a police officer, and I represented him. That then brought to mind that I have also in the past .represented Detective Joseph Smith who is going to be,a witness in a civil matter, a will contest. THE COURT: How long ago was that? MR. ELIAS: Probably alSo within the last four or five years. Judge. THE COURT: Within the last four or five RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 86 years? That could have been last week. MR. ELIAS: It's not within the last two or three years at least. Then that also brought to mind in the past I represented Detective Donald LaGarde, who will also be a witness on both sides. I've been against him in a divorce action with his wife and I represented him civilly; and in fact I think at the present I have an open file of his that one of my associates has, I've had nothing to do with it for the last three years or so, a civil dispute in the family, that he's a defendant on. The only reason I bring it to mind, Judge, is that I was recently advised by Justice Wagner that in another case I appeared as counsel the lead police investigating officer was a client of mine in the past on several matters, and brought that to the Court's attention, I brought it to the client's attention at that time and to the District Attorney, and the judge, my memory is, held an open hearing in the courtroom to make sure my client and I both did not perceive a conflict, and that case went up on appeal. I did not take the appeal and I?m told by Judge Wagner as recently as a week ago that he received Some direction from RICHARD L. BENDIXEN - Official Court Reporter DARRELL (DIAMOND) JONES 87 the Supreme Judicial Court that he ought to do something further on the recOrd with regard to the potential of a conflict between myself and the police officer. I don't know the details of it. I just wanted to be a little ultrasensitive about bringing it to the Court's attention. Additionally, this morning it occurs to-me that Paul Jones, I may presently be representing his mother, if his mother is Rosella Jones- I say that because he looked familiar, and I may have seen him in her company. THE COURT: Does anyone know if the nother is Rosella Jones?y MR. ELIAS: And I forgot. MR. CUNNINGHAM: Did he leave? He's here. MR. ELIAS: For the record, I personally do not perceive that having any bearing of the way I would conduct my representation of Darrell Jones. I don't feel obligated to either of those.people tovrefrain from any course that I think would be_ proper. THE COURT: Let me talk to Mr. Jones. You've heard what Mr._Elias had to say about repreSenting some of these people in the past. I RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 88 see Paul Jones is now in the courtroom. (Mr. Elias confers with Paul Jones) THE COURT: Do you represent his mother? MR. ELIAS: I do, Judge. THE COURT: All right. Now, it appears that you presently represent her. MR. ELIAS: Yes. THE COURT: Mr. Elias represents the mother of Mr. Jones. MR. ELIAS: Again, in a civil matter. THE COURT: All these matters are civil. is that correct? MR. ELIAS: _That's correct, Judge. THE COURT: It's my obligation to bring it' ?to your attention (referring to Defendant Jones). as it was Mr. Elias' obligation, that there is always a potential that a lawyer will not cross examine a client or a former client as vigorously as he would another person, at least some people think that a lawyer might not do it. and I remember cross examining my own clients in former cases that I had, and you may feel that he represent you as well because of either clients or former clients being witnesses in this RICHARD L. BENDIXEN - Official Court Reporter_ .sww .h?HdviCOMMONWEALTH VS DARRELL (DIAMOND) JONES 89 case against you, and you have a right to take that position. That is a matter of your own personal point of View on it. Has Mr. Elias represented you in the past? (By Defendant Jones:) No. FURTHER INQUIRY OF DEFENDANT JONES BY Q. Q. THE COURT: This is the first case? Yes. I think he was appointed to represent you, anyway, is that correct? Yes, your Honor. Well, my question nos is, you know all the facts. You know the same facts that I do. I pointed out to you the dangers or the potential of a lawyer going easy on a sitness because he represented him in the past. Do you have any objection to Mr. Elias' continuing to represent you in this matter, or do you want some time to think about it? No; I don't need no time: yes, I will keep my same lawyer. I'm not changing; I'm not even considering that. Has anybody discussed this with you before? Just you. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 90 Just me. You were never aware that he represented any police officers or witnesses, is that it? No. But you are satisfied with his representation? More. More than that. You feel he has always acted in your best interests in this matter? Yes, I have. THE COURT: All right, Mr. Elias. it's the Court's ruling that you may continue to represent 'Mr. Jones because he has voluntarily and knowingly made a decision that You continue in this case, and apparently he's satisfied with your representation of him. MR. ELIAS: _Thank you. Judge. THE couRT: The Court will now take a recess. (Short Recess) 7' MR. ELIAS: Judge, once again I would ask your permission to approach the side bar before the next witness is called. THE COURT: Once again, you may approach. Side Bar: RICHARD L. BENDIXEN Official Court Reporter .COMMONWEALTH vs DARRELL (DIAMOND) JONES 91 THE COURT: IWho do you represent this tine? MR. ELIAS: This is not unusual in these cases. I told Kevin, but I think I-should bring it to your attention. There is a young lady in the courtroom who I think works on the District Attorney's staff. in the red sweater. My client said to me what_is her function here. I said. I don't know who she is. I said, why. He said she's going out to the lobby and telling the other witnesses what these witnesses are saying. I'm saying she couldn't know me, I'm listening to it. I asked Kevin if he inquired. He did. MR. CUNNINGHAM: Her name is McGuire, a victim witness advocate with our office. I asked her what she was saying to the witnesses, and she said that they arrived this morning and she told them-to sit out in the D.A.'s Office or in the bench out front here, that they we were not to discuss their testimony and she didn't know enactly the order they would be called in. EHE All right. I accept that. MR. I don't know if there is any more to it than that. MR. CUNNINGHAM: Bo Bo Watson. please. RICHARD L. BENDIXEN - Official Court Reporter . DARRELL (DIAMOND) JONES 92 ESWORN TESTIMONY 0F WATSON THE CLERK: Raise your right hand and face the clerk. Do you solemnly swear that the eVidence you shall give to the Court and jury in the issue now depending between the Commonwealth_ the defendant shall be the truth, the whole truth nothing but the truth, so help you God? THE WITNESS: Yes, I am. Sir, would you identify yourself for the jurors, _the Court and the record? Yes, sir, my name is Walter watson. I work for Brockton THE COURT: First name is Halter? Yes. I work for the Rrockton Housing Authority. Sir, do you have a nickname you go by? Bo Bo: yes, sir. Sir; directing your attention to November 11th, 1985, at approximately nine-thirty did you have an occasion to go to Pete and Mary's barroom RICHARD L. BENDIXEN - Official Court Reporter _1o COMMONWEALTH vs DARRELL (DIAMOND) JONES 93 here in Brockton? Yes, sir, I did. And could you tell us with whom if anyone you went there with. Well, I had -- I had Edna: she was in the car. What's her last name? Levine. Okay. That's who I went there with, just with her, but I met some more people after I got there. Do you recall approximately what time you arrived at Pete and Mary's that evening? I think it was around eleven o'clock, I'm not sure, but I think it was around eleven o'clock got there. That you left or when you arrived? Rhat time did you arrive there, get there? About eleven o'clock. What friends did you meet at Pete and Mary's? well, I was just_talking to this gentleman by the name 0% Alfred Meron (as pronounced). he was there. And did you have an occasion to see a Terri Starks? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH vs DARRELL (DIAMOND) JONES 94 No, not that I recall, no, I didn't notice. How about a Lisa Pine? A Lisa Pina, yeah, I saw her. Now, at some point during that evening, did you_ leave Pete and Mary's? Yes,r sir, I did. Who did you leave Pete and Mary's with? I left there with Lisa and Edna Levine and Alfred Heron (as pronounced) and Terri Starks, she was in the car. So you did see Terri Starks at Pete and Mary's? She was -- I just I know she wanted a ride - .. could give And had you driven to Pete and Mary's that eVening?' I drove there, yes, sir. Apd where did you park your car? Over hy this place that you Call D'Angelo's, in the lot there. Okay. When you left Pete and Mary's that evening, did you go to your car? BENDIXEN - Official Court Reporter _17_ COHMONWEALTH VS DARRELL (DIAKOND) JONES 95 Yes. sir, I did.? And did you get into your car? I got into my car. Who else went into your car with you? Well. Lisa and Terri and and Alfred Meron (as pronounced) and Edna Levine. When you were in the car, did you observe two men crossing Montello Street towards the parking lot. D?Angelo's? - I got in the car, you know. like I got in and started it up. it was misty, raining. I got in the car, so they got in the car. So they say, there come a guy that come across with the guy. they looked like they were arguing. I said who' was it. They started mentioning names. Looked like they were arguing? Arguing about something.-you.know. I didn?t pay any mind. I was backing out give them a ride home. So I went on home. There was yelling in the car. somebody shot somebody. I said who. How, if you would-back up. did anyone say anything when the other people in the car saw there were two individuals? RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH vs DARRELL (DIAMOND) JONES 96 They said there come two guys coming across the street: I asked them who was it. What did they say? They started saying it was Darrell Jones. I said. who in the hell -- I'm sorry. I said who in the- hell is Darrell Jones. They says he done shot somebody. I says I don't know who it is. -I said who. I looked out the window. When you are a driving. you don't pay no mind what people was doing, so I was going to get out of the car and see what happened. They say you better take off. they might shoot you. too. So I taken off. but I donit recafl who was Darrell Jones. I don't even .know. you know. Did you know an individual by the name of Guillermo Rodrigues? Who? Guillermo Rodrigues. derigues? Did yOu know the same man whose nickname was Pow? Yeah. I know him. Had you seen him in Pete and Mary's. in there that evening? RICHARD L. BENDIXEN Official Court Reporter 10COMMONWEALTH VS DARRELL (DIAMOND) JONES 97 Yeah, I saw him. Did you see him crossing the street with the other Well, I didn't know exactly that was him crossing the street or not because I wasn't paying too much a mind who was it, you know what I mean, because I was watching where I am going, where I am backing up or what I'm doing because it was misty, raining and cool, so I had the windows up and I didn't' know who it was until they said that was him crossing the street with this guy. Were you able to observe those two males at all? Did you look at those two men crossing the street?- By a slanting eye, slanting, when you are backing around, you look around and see the two guys. Did they walk around behind your car at any time? No, he was on the side of my car when I was backing out, the two guys was on the side of my car. "You knowthe ground? _When I was backing up pulling offthe ground. How close to you were you to him? on, man, it was about, oh, about from where she is RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES - 98 sitting right there. Did you see that man fall? No. I just saw him on the ground, he was like this, bent over like that, and I was going to get out to help see what happened. You know. I saw him. Did you hear any noise? No. No. Didn't hear no noise. What did you do after you observed that individual known to you as Pow fall to the ground? I said the guy need help. you know what I mean, I see him on the ground. he must need help or something. I said_somebody got to help. So I pulled my car on the side of the street and I said- somebody go in there and tell somebody the guy laying on the ground. They said if I go. you know, I may get shot, you know. I get killed or_ something-like that. So I went on to the house-.- 0kay. Okay, the other person. not the person that was on the ground, but the other man, did you see where he went? Well, I saw a guy running up Ward Street, you know, going up through there. You know. Did you see how he was dressed? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 99 No1 Because I didn't pay too much mind. I just saw,the guy running. I didn't think nothing. I didn't think of murdering, things like that. So it's fair to say you didn't see him at all, the other individual? I I saw the guy running, but I can't say who it Was, because 1.didn?t know. You know? After you left, your testimony is you pulled across the street to Pete and Mary's? Yes, sir. After you left there, where did you go? I went home. Who did you go home with? I dropped Alfred off, and I dropped Lisa off and Terri and went to my house, you know, and so we was discussing it about who it was, you know. said I don't know the person. So back at your house you were discussing They were discussing it, yeah. were you ever asked by any police officer to View any photographs? Yes, sir. And were you able on identify anyone from those photographs? RICHARD L. BENDIXEN - Official Court Reporter 'And that?s because you weren't able to see the person at the scene, is that correct, that evening 'So if you saw his_face you would recognize it? ,If you saw is face you would know him? COMMONWEALTH VS DARRELL (DIAMOND) JONES 100 of November 11th? No, I didn't see, you know, who it was, you know. MR. CUNNINGHAM: Nothing further, thank you. Mr. Watson, did you say you knew Pow before this night? Yes, sir, I did. What? Yeah, if it was in the light or something like' that and I was watching, So you saw him as close as from you to that woman in that parking lot but couldn't recognize him? Neil, I didn't know who he was ?*-not at that time, no, because I wasn't paying too much a mind, But you saw him, somebody you knew, that close, but couldn't recognize him because of the conditions? RICHARD L. BENDIXEN - Official Court Reporter 'COMMONWEALTH vs DARRELL (DIAMOND) JONES 101 Right, I know the guy, but, you know, I wasn?t paying too much mind, you know I don't figure people get killed. When he was on the ground looking up at you? And he was flicking his finger for help. Did you recognize him then? Withdraw. You knew who he was at that time? Yeah. That was the only time when you looked out your window? Right. So it happened on your side of the car? On my side, yes, sir. That's as far as these two people got? Yeah, on the side, they were on the side. So that there was somebody sitting in the middle- here: Edna? Yeah? Somebody sitting on the other side: Terri Lynn? Isak- -And for_them to see what was going on, they would have to look through the car this way across you? Look out the window or either look over my side while I'm driving or look on that side. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES. 102 Was your car moving when you saw them coming? Not at that time because when that happened I was in my car starting it up. The nose of your car was up against the fence? Heading towards Boston. Against the fence? Yeah. So you had to back out? Yeah, to go the way I was going. So at all times whatever took place took place on your side of the car. the driver's side?' Right, right. You remember it being rainy and misty that night? It was. You say somebody said that's Darrell Jones. Would it help if I suggested they said "that's Diamond"? I heard Darrell Jones: I don't know by Diamond. You heard Darrell? Darrell Jones is all I heard. Igfthe car? A. sir. {Redirect MR. ELIAS: Thank you. Mr. Cunningham ?1 RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 103 Q. Is it fair to say you weren't paying attention'to the two men crossing the street? A. No, sir. I really. nasmht. MR. CUNNINGHAM: I have nothing further. THE REPORTER: Alfred's last name? THE WITNESS: Maro (as pronounced). MR. CUNNINGHAM: I believe it's Moreau. MR. CUNNINGHAM: Edna Levine. please. THE CLERK: Do you solemnly swear the evidence you shall give to the Court and jurf in' the issue now depending between the Commonwealth and the defendant shall be the truth. the whole truth. nothing but the-truth. so help you God? THE WITNESS: YesGood morning. Would you identify yourself for the jurors. the Court and the record? A. I'm Edna Levine. RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 104 Where do you live, Edna? Brockton. Edna, directing your attention to November 11th, 1985, at approximately 9:30 did you have an occasion to go to Pete and Mary's barroom in Brockton? Yes. Who did you go there with? Bo Bo and Terri Lynn. Could you give us their last names? Watson, Bo Bo Watson, and Terri Starks. Okay, and when you arrived there, do you recall seeing-anyone that you knew inside the barroom? Hm-hn. _Could you tell us who you saw that you knew? I saw the guy, Pow, I saw Diamond. And who is Diamond? Darrell Jones. And do you see that person in court today? Hg?yWOha right there. CUNNINGHAM: Your Honor, may the record reflect that the witness has identified the defendant. I THE COURT: Yes. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 105 How long had you known Diamond, before that eyening? Just. I?d say, a few months. Had he ever stayed over your house? Yes, he slept over. And had you seen him down at Pete and Mary's before? Before that night? Before that night. yes. Yes. And did you have a conversation with Diamond that eyening,-November 11th? No.- Did you speak to him at all? Hi. I said hi. 'Approximately how many people were at the barroom that evening, Pete and Mary's? I'd say about. I don't know, about 11 people, And did you know most of the people that were in there? To my knowledge, yeah, I knew a few people in there that night.- Did you and Bo Bo and Terri meet-other people in there that evening? Yes. Who did you meet? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 106 Lisa Pina. I mean my intentions weren't meeting them; they were just there. But you just met them? Yeah. _Now, at some point did you leave Pete and Mary's that night? Yes. Just to back up for a second, you told us you saw Diamond, the defendant, in Pete and Mary's that night. How was he dressed? I really don't know. I don't know how he was dressed. You can?t recall?? I can?t recall, no? And when you were in the barroom, where-was the individual known to you as Pow seated? He was sitting in a booth. Did you ever see him speak with Diamond that evening? Nos I didn't see him speak. At sane point in time you left Pete and Mary's, is that correct? I Yes. Approximately how long a_period of time did you RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS JONES 107 spend inside the barroom? Hfi? it. I'd say just about an hour. A??uuzik??im And so that would be About ten-thirty at night. And who did_you leave with? I left out the door with Bo Bo. Terri Starks and Lisa Pine and an older guy, Al, Al Moreau. Did you have anything to drink inside Pete and Mary?s? Yeah. I had one drink. Did you see what the other people were drinking, if at all? No, just Bo Bo: I knew what Bo Bo.was drinking. How about Terri Lynn; did you see her drinking at all? Oh. yeah. they was drinking. Lisa.Pina? She was drinking. Did you see whether or not Diamond Jones was drinking? No. I How about Pow? I don?t know what he was drinking. So you left Pete and Mary's about ten-thirty? RICHARD L. BENDIXEN - Official Court Reporter eqhwi COMMONWEALTH VS DARRELL (DIAMOND) JONES 108 Right. What door did you leave from? The front entrance. And where did you go after you left? To Bo Bo's car. Where was that parked? In D?Angelo's parking lot. Some point you got into the car,.is that correct? Yes. Where were you seated inside the car? In the-middle in the front seat. Who was driving? Bo Bo. And who else was in the front seat with you?_ .Terri'Lynn. And who was in the back seat? A1 and Lisa Pine. At some point shortly after you got into the car, did you see tWo individuals leave the barroom. Pete and Mary?s? When I was -- When you were in the car? Right. No. After you had already left Pete and Mary's, did RICHARD L. BENDIXEN - Official Court Reporter -- COMMONWEALTH VS DARRELL (DIAMOND) JONES 109 you see two males come from Pete and Mary's?- I'm not sure. Did you see two males cross Montello Street? Who -- I seen I don't know. I'm not positively sure if I seen two people walking. Do you recall saying anything at that time? No. I didn't say nothing. Do you recall Terri saying anything? Yes. What did.she say? When I was in the car? Yes. She said, Edna, Dianond has a gun. When she said that, did you look? No, I didn't look. What did you do? I froze in the can. And what did you do when you froze? What did you physically do? I?was nervous. I thought she meant he had a gun in the car, so I just stood there sitting in the car. Did you look around at all? No, I didn't. I looked straight ahead, RICHARD L. BENDIXEN - Official Court Reporter "a?COMMONWEALTH VS DARRELL (DIAMOND) JONES 110 straight -- straight the way the car was facing. Did you hear any noise? I No. I didn't hear no noise. The windows were upall? I didn't see two man. When Terri said something, made a statement, did you turn around and look outside the beak, the rear window of the car? No, I did not. My eyes were strictly -- I was stiff as_a bOard. At some point did you observe someone lying on the ground behind your car? Yes, behind the car. And when was that? The guy was -- he was actually screaming, he was falling to the ground, help me, help me. So you observed this individua1_fa11_to the ground? Yeah, because Bo Bo put the windows down. A%_you observed, did you recognize that man that was falling to the ground? Yes. I did. Who was that? I know him as Pow. Pow. RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 111 And is that Guillermo Rodrigues? Yes. Did you see anyone else as you observed Pow falling to the ground? No, he was by himself at that time. Did you see anyone running from the scene? I seen Someone running up, I guess it's a one way up where Ward Lunch was. an old bar. Do you recall what that person running away was wearing? 9 It was dark out. It was real dark. If anything, dungarees. It was rainy out. _How close was Pow to your automobile when he fell? He wasn't that far. He was I'd say about five feet, I don't know. I don't know. Did you look back at him when he was lying on_the ground? didn' . You just saw him fall? I_?aw him swiggling, like, going to the ground. Did you See whether he did anything in his hands? No, not that I can recall. Now, after you observed him on the ground, Okay. would you tell us what next happened? RICHARD L. BENDIXEN - Official Court Reporter have - COMMONWEALTH VS DARRELL (DIAMOND) JONES 112 Bo Bo went to get out he wanted to get out of the car and help him, and I pinched his leg and said don't get out of the car? I was all nervous, and we drove, Lisa Pina got out of the car and ran across the street to call an ambulance and we picked her up across the street. When Bo Bo was backing out of the parking lot, did how did he avoid the body that was He just watched. he watched himself back out, he looked, he did back out and he just drove around. Edna, approximately two days later, did Detective Joseph Smith of the Brockton Police Department speak to you? And where did he speak to you? At my apartment. Okay. On Fuller Street. And did he speak to you of the incident that happened on November 11th? As I Did he talk about that? As I can remember. Did he show you some photographs? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES .113 Yes; Do you recall how many he showed you? Maybe four or five pictures. You're not sure how many? I'm not positive. And what were the pictures of? What did they show? - You mean to identify? The actual pictures that he showed you, what were they of? Pictures of people. Okay, male or female? Male. Black or white? Black. Did he ask you to identify one of those pictures? Hm-hm. Did he ask you if you could identify any of those .pictures? Right, he asked no if I could. Could?you?_ Yes, I knew a few people in there. Did you pick a picture out of that? bid he ask you anything about the incident that happened on RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 114 November 11th? He asked me if I knew who?parrell Jones was and I showed him picture who he was, Did he ask you to describe who shot Guillermo Rodrigues that night? I:you could pick out a picture of the person who shot Guillermo Rodrigues that night? ?i No; because I-eeuldh't. But you did_identify one of the pictures as being Diamond Jones? Right. I just.hnew him as Diamond: I never really_knew hiswneniwniae. And that's the defendant who is here today, Thank you. . . . . 'Cross Mr. Elias' 1' Edna, when Detective Smith showed you the RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 115 photographs, he didn't ask you to pick out the party you saw shoot Pow, did he? Em? He asked you is Darrell Jones in here? hn-hm. And you said yeah? Hm-hm. That's it. You weren't intending to indicate that 'that's the person you saw shoot Pow? are Because you didn't see that persona Right. If Terri said that you said there's Diamond. he's got a gun, that would not be your memory of what happened? MR. CUNNINGHAM: Objection. No. it's not- THE COURT: Sustained. Did you at any time say, while you were in the automobile with Bo Bo Watson, say that's Diamond? No, I did not. Did you even look at the person to know whether or not it was or not? No, I did not. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 116 Did-soneone else in the car say.it,was.Diamond? Yes. I Did'anyone in the car say that's Darrell Jones? No. XTHE COURT: Who said it was Diamond? Terri Starks. Terri was sitting to your right? Yes. In the car? Right. And what you had to do to see what was going on was to look to your left, through the driver's side? If I was to look, you mean? _Yeah. I would have look?f?t?di??hff?i'g?t. You mean it happened on the passenger side? The car was not facing -- the front of the car was facing the opposite of where he was shot. You nean yes, he_was shot behind you._ Right; behind me, and I would have looked over to my right. As you were pulling out? As he was pulling out. RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMONO) JONES 117 Yes. - I I The car backed up? I don't know how I would have looked. -Did you see the figures at all coming into the parking lot, the two walking figures? No. .When you saw him he was already on the ground? He was falling to the ground. You didn't see another party there at that point? No, I didn't. When you saw Darrell or Diamond in Pete and Mary's, did you make any note of shat he was wearing? No, the only thing I can recall is I think Pow had on a long coat. Pow? Pow, right. I really don't know I really can"t; MR. ELIAS: have no further questions. COURT: Anything else. MR. CUNNINGHAM: Nothing further, your Honor. THE COURT: Did you say to Terri. did you RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 118 say in that car, to anyone, that's Diamond, he used to stay at my house? No, I did not. Did you ever tell anybody that he used to stay at your house while you were in that car? No. Did you ever tell Terri-at any other time he used to stay at your house? I No, not that he stayed at my house: that he stayed in my house once. I THE COURT: When did you tell her that? At my apartment I told her that. THE COURT: ?Was that before or after this incident? It was after the.incident.' After. THE COURT: Anything else, gentlemen? MR. ELIAS: (Shakes head). MR. CUNNINGHAM: No. THE COURT: You may step down. MR. CUNNINGHAM: Bridgette Struthers. ISWORN TESTIMONY OF STRUTHERS ?2 THE CLERK: Do you solemnly swear the RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JOBES 119 evidence you shall give to the Court and jury in the issue now depending between the Commonwealth and'the defendant shall be the truth. the whole truth, and nothing but the truth. so help you God? THE WITNESS: Yes. I do. EDirect Mr. Cunningham ?1 BY MR. CUNNINGHAM: Q. Good morning. A. Good morning. -Q. Would you identify yourself to the jurors, the Court and record, please? A. Yes, I am Bridgette Struthers. Q. And your address? A. 165 THE COURT: Please keep your voice up. A. I have a sore throat. I THE COURT: Do the best you can. g. What's your name again? A. Bridgette Struthers. THE COURT: Bridgette Struthers, all right.? Q. And where do you live? A. 165 Carl Avenue. South Gardens. in Brockton. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 120 That's in Brockton? .Yes. Now, Miss_Struthers, directing your attention to the night of November 11th, '85, did you have occasion to be at Pete and Mary's barroom in Brockton? Yes. I did. What time did you arrive there? It was about, approximately, about five minutes to seven. And had you gone there with anyone else? Yes. my friend. Who was that? Raymond Baker. .Does he have a nickname? Skipper. And when you were at Pete and Mary's, did you have an occasion to see an individual getting off a bus out front of Pete and Mary?s? Y?s, I did. And approximately what time did you observe that? I think it was the 7:40 bus. Did you know that person? By face, yes. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 121 Did you know him by nickname? Yes. And what was his nickname? Diamond. Do you see that person in court today? Yes. Would you identify him for us? Right there. MR. CUNNINGHAM: Your Honor, may-the record reflect that the witness has identified lhe defendant? THE COURT: It may so reflect. MR. CUNNINGHAM: Thank you. Did you see where that individual went when he-got the bus? He came right in Pete and Mary's. And did you speak to him when he came in? - Yes. What did you say? How are you doing. Any further conversation? 'Not much, he just browsed. Okay. And was this person known to you before that? RICHARD L. Official Court Reporter 10 11 12 13 14? 15 -_16 DARRELL (DIAMOND) JONES 122 Yes._ Before that evening? Yes. How long had you known him? on, I had seen him around about a year before that. And did you ever knou what his name was? Yes. You know, by hearing people call him and stuff. Now, could.you give us a description of that individual that you saw that night Diamond? Yeah, he was-like Like what do you mean, describe him? A physical description of him as you saw him that evening?! He had on a pair of jeans, sneakers, jacket. Do you recall what color sneakers? No. ?Tican?t?remember. Do you recall whether he had a jacket on.or not? Xeah, I think so. I think he had a black jacket. What has the length of the jacket? Short. I And did you see him throughout the evening in Pete- and Mary?s? RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 123 Yeahs? He was in the.pool room and stutf. _Were you able to see him at all times? Yeah. Or just different times throughout the evening? Yeah, because we was like talking, by passing each other and then I was at the bar and stuff. Okay, approximately how many people were in the bar that evening? It wasn't much. I'd say about 20-peop1e, not even that. All right. And did you know any of the other people that were in the bar? Yeah. Was there an individual by the name of by the' nickname of Pow? Yes. And did you know his name to be Guillermo Rodrigues? No. Yon just knew him by his nickname? Street name, yeah.- And where was he in the barroom? He was sitting over on the far left of the bar coming from the front near the poolroom by his RICHARD L. BENDIXEN - Official Court Reporter Qo' COMMONWEALTH VS DARRELL (DIAMOND) JONES 124 Self. I And did you see any other people in there that you knew? Like Lisa and -- Lisa Pine? Yeah. Did you see a Terri Starks? No. Do you know Terri Starks? Yes. Did you see Edna Levine?* No, I don't remember seeing Edna; Now, at some point that evening, did you leave Pete and Mary's to purchase a sub? _Yes, I did. Submarine sandwich. Yes. Where did you go? I went across the street to D'Angelo's, bought a steak and cheese. Ohay, when you went across the street, did you go with anyone else? No. You were by yourself? YES. RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 125 And when you went to D'Angelo's Well, whereabouts in D'Angelo's did you go? I went straight to D'Angelo's. Okay, and.was there a special window to order from? Yeah. And did you go to that window? Yes. Did you order sOmething? Yes. After you ordered your sandwich, where did you go? I went back to Pete and Mary's. Did you have your sandwich with you at that time? No. When you went back to Pete and Mary's, did you have a conversation with Diamond Jones at that time? Yes. Would you tell us what that conversation was? regular conversation, you know, I just asked _him if he had joints or whatever, right, and he said, yeah, you know, he had just a couple joints on him. I said, well, I'll give you, I'll buy you a sub, exchange it for the joints. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 126 A11 right, and so you offered to buy him a sub? Yes. Did you go somewhere after you had this discussion? I We went back to D'Angelo's. And who went over to D'Angelo's? Me and him. And could you tell us whereabouts in D'Angelo's you went with him? - We went straight to the same window as I?went the first time. Did you cross through the parking lot of D'Angelo's when you went over there? Yeah, diagonally. What was the lighting in the parking lot that .evening? I don't think the street lights were on. but the lights around D'Angelo's were on. Like, that was all that was really on. Ygu were able to see where you were_going when you were crossing the parking lot? Yes. What happened when you went over to the window to order your sub? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH vs DARRELL (DIAMOND) Jonas' 127 Nothing. I just ordered another sub_for him.? Did you wait around for that other sub? Yeah, we waited for it. Approximately how long were you standing there? Oh. about ten minutes. And what was the lighting in that area?_ We was right at the window, we didn't go outside or nothing. And at some point did you purchase your subS? Yeah. And do you recall what kind of sub you got? Steak and cheese. I Do you recall what kind of sub Diamond got? Steak and cheese. Now. you left D'Angelo's at some point after you' purchased your subs. is that correct. Yeah, but my ride was waiting for me then. Where did you go? I went to Richard's. But where was your ride? 'It was right in front of D'Angelo's. And fou got into an automobile? Hm-hm. Who was driving that car? RICHARD L. BENDIXEN Official Court Reporter COMMONWEALTH vs DARRELL (DIAMOND) JONES - 128 Skipper. I Did you see where Diamond went? He went right back into Pete and Mary's. After you went into the automobile, Skipper Baker, is that correct? Yes. His automobile, where did you go? We went to Richard's Lounge. And did you return to Pete and Mary's at any time or anything? i NO. MR. CUNNINGHAM: If I could have.just a second, your Honor? Bridgette, approximately a day or two after. _November 11th, did you have a conversation with a Brookton police Officer regarding November 11th in the evening? I They came to my house, -- Well, that night, well, going back Yeah, I did go back to Pete and ugry's because they did come back and they asked me, they said, can we talk to you? I think it was Luciano. Now when was this? Date? RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 129 Q. Yes. I A. I don't remember the date but it was that day. Q.6 Okay, this was after November 11th? A. Yes. I Q. That evening? A. Yes. Q. I A couple days later? A. Yes. Q. And you spoke to Lieutenant Luciano at the Brockton Police Station? A. Yes. Q. Did you tell the detective who you were with when you went to purchase a submarine sandwich that evening of November 11? A. - Yes. Q.. Who did you tell him? A. I told him Diamond. HR..CUNNINGHAM: I have nothing further'Cross Hr. Elias Q.1 Bridgette, before you left to buy the first sub, "had you been talking with Diamond in one of the rest rooms at Pete and Mary's? RICHARD L. BENDIXEN - Official Court Reporter 10COMMONWEALTH VS DARRELL (DIAEOND) JONES 130 ?l?t Do you know a girl by the name of Evelyn? Yes. Did she come in while the two of you were talking? Yes. And did she know both of you? Yes. Did she tell him get out of there, he.didn't belong in therg. n. . And he left? Yes. Then you left and went over to D'Angelo's and ordered a sub you had to wait for? Yes. A?dewhile you were waiting you decided you'd buy Diamond'one? Well. I_just came back. And then you both went over? Yes.? _Did you observe him at any time hiding while he was in D'Angelo's or staying out of sight in any way? No. RICHARD L. BENDIXEN - Official Court Reporter Loni?hag '.9. COMMONWEALTH VS DARRELL (DIAMOND) JONES 131 swno??there right with you? Ye?. All the time the steak and cheese is cooking. I assume? I Hm-hm. And then he left and you left? Yes. When you saw him get off the bus, do you have a memory of his having a hat on his.head? Yes. Can you remember. can you?describe that for us? I really can?t remember the color of the hat, but? it was a cango (phonetic). I believe. Can you describe what that would look like? LiEEMH'fegular hat with-a little brim, regular hat. Was he-wearing it on backwards at that time? =aem??ber that? .Ygg? Rathen distinctive-if you saw it. Yeah. Did you see him take it off at any time? No. not really. RICHARD L. BENDIXEN - Official Court_Reporter 10COMMONWEALTH VS DARRELL (DIAMOND) JONES 132 MR. ELIAS: Thank you, BridgetteMr. Cunningham Do you recall whether he had the hat on or not when you went across to D'Angelo's? I don't know; he had it on backwards. I didn't notice. He had it on backwards earlier in the evening? Yearnhe~just kept the hat on:-I didn't noticev anything different. So is it your testimony you do or do not recall that he had a hat on when you walked across the street to D'Angelo's? fne had the hat on- MR. CUNNINGHAM: Nothing further. MR. I have nothing further. THE COURT: You may step down. MR. CUNNINGHAM: Your Honor, could we agproach side bar? COURT: Io: course. Side Bar: THE COURT: Yes? MR. CUNNINGHAM: Judge, I have run out of RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES I 133 civilian witnesses; I had a couple of police officers on call today. This has gone much quicker than I had expected. If I could just have a minute or two to see if the police officers are here. if I could get them in. MR. ELIAS: Judge, there are no police officers. I suspect neither one of them could get on and off before one. I also suspect we're going to finish the whole thing tomorrow morning. Ithe two police officers and couple other small? witnesses I could even stipulate to, and I might have or two very short witnesses. THE COURT: 'The defendant is not going to testify, that's your situation now? MR. Not yet. -MR. CUNNINGHAM: On that note, if Mr. Elias is kind enough to supply me with a copy of the' polygraph report -- HR. I called him yesterday and said to give me a report, and you can have it. You can call them. It's a state ordered examination. but. he's not going to testify anyways. THE COURT: You want a short recess? MR. CUNNINGHAM: If I could. your Honor. RICHARD L. BENDIXEN - Official Court Reporter umCOMMONWEALTH VS DARRELL (DIAMOND) JONES 134 THE COURT: Okay. I (END OF SIDE BAR CONFERENCE) We'll have a recess. THE COURT: (Short Recess) a. THE CLERK: Do you solemnly swear the testimony you shall give to the Court and jury in the issue now depending betweethhe Commonwealth and the defendant shall be the truth, whole truth and nothing but the truth, so help you God? THE WITNESS: I do. Mr. Elias Good afternoon, sir. Would you identify yourself for the Court and jury? John Luciano, police officer, City of Brockton. Ho? long have you been police officer. Ten years. What's your current rank? Detective. How long have you been a detective? RICHARD L. BENDIXEN - Official Court Reporter CODMONWEALTH VS DARRELL (DIAMOND) JONES 135 Six years. Directing your attention to November 11th, 1985, in the evening hours, did you become involved with an invetigation into the shooting of Guillermo Rodrigues? Yes. I did. And in furtherance that investigation, did you- have an occasion to speak to various witnesses? Yes. Did you also speak to various police Officers? Yes, I did. at some point in time did you become aware of the fact that a warrant for the arrest of Darrell "Diamond" Jones was issued from the Brockton' District Court? Yes. And when you received that information, would you tell us what if anything you did? I went to the bar, Pete and Mary's Bar, and spoke with the people that frequent the bar and.a1so the bartenders there. And what did you say to them? I told them there was a warrant out for Darrell Jones and that if he had come into the BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 136 establishment at any time in the near future to contact me. And at some point in time on November 17th, 1985, did you receive a phone call regarding that warrant? Yes, I received a phone call that night. And as a result ~e encuse me, as a result of receiving that phone calling did you do something? Yes. What was_that? I went to Pete and-Mary's. And approximately what_time did you go there? Approximately a little after 3 o'clock that evening. - 'And could you tell us what you did when-you arrivedrat~Petewand~uary?s? When??-arrived at Pete and-Mary?s after I notified the??uiformedwdivisionw?or a backup} 1 went inside tn?w?armand-L?went?to-the location where I was the suspect was at I And what did you do at that time? 'At that time I approached the suspect with Sergeant Colocousis. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 137 Q. What~did'you do? A. Placed the suspect under arrest. Q. 'And was anything else done at that time? A. Sergeant Colocousis advised him of his rights. Q. What rights were those? Per Miranda, and then the other uniformed teams came into the bar and he was transported from the scene. Q. And did you have an occasion to speak with the defendant after that at the Brockton Police Station? No, not personally. Q. . Could you tell us_what the defendant was wearing that evening? That evening he was wearing a brown leather type jacket to the hip; had a baseball cap on. and I Q. B?myoa recall whatthe~had on his feet? A. . I Q. And" after that. Egoing the defendant under arrest, did you ever speak to him;ggain? ?53 A-x Q. Nothing further. Thank you. RICHARD L. BENDIXEN - Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 138 lCross Mr. Elias Detective Luciano, you are able to speak more than one language? Yes; sir; In fact_HiSpanic is familiar with? Yes, sir. THE COURT: MR, ELIAS: Did you on the 11th another language you are You mean Spanish? Spanish. I'm sorry. of November have occasion to go to the Brockton Hospital to speak with Roarigues? Howm??ru Did you go there at Did you-know of him Digsyou know him to I?la Hag you ever spoken Yes? all? before the night of the be Cuban? with??f?? Didnhe~speak English? RICHARD L. BENDIXEN-- Official Court Reporter COMMONWEALTH VS DARRELL (DIAMOND) JONES 139 MR. CUNNINGHAM: I'd object to this, your Honor.. I THE COURT: Overruled. Somew??t. Did you talk with him in English or Spanish? When I spoke with-him, I spoke with him in Now, on November 11, 1985, he was still alive? .i'm not aware of that. I'm assuming; Do you know when'he died? Not really. ?re you the only member the Detective Bureau that can Speak and understand Spanish? Year MR. CUNNINGHAM: I object to this line of questioning, your Honor. THE COURT: I don?t know what difference thutomakes-now. Go ahead, next question. You?knew there was an investigation going on into Wh%gmshooting& No one directed you to go and see if you could speak him at the Brookton Hospital? NO. RICHARD L. BENDIXEN Official Court Reporter gmCOMMONWEALTH VS DARRELL (DIAMOND) JONES 140 RUE NR. CUNNINGHAM: Again. I object to this line of questioning. I THE COURT: Overruled. MR. ELIAS: Thank you. I have no_further' questions. THE You may step down, sir. THE COURT: Ladies and gentlemen. that's all the eVidence we're going to receive today. So you are excused until tomorrow morning. Thinking Of the time, you may come in a little late tomorrow because there are some preliminary matters that must be taken up. So I will let you sleep at least no more than a half hour later tomorrow. So- nine-thirty. I don't know how long it's going to take. It might take a little longer for me-but there are some matters that I must hear with these lawyers in your absence. So it should take about a;half hour, I would expect. So be here and ready to go at zero nine hundred hours tomorrow morning. Court will recess until 2:00 o'clock. Before you go, I still have to remind you that you are not to discuss this case we anyone, RICHARD L. BENDIXEN Official Court Reporter CQFMONWEALTH VS DARRELL (DIAMOND) JONES 141 not even amongst yourselves} until such time as you retire to deliberate to reach a verdict after you have been instructed by me on the law. Have a nice day. (Adjourned) CERTIFICATE This is to certify that I am a duly appointed Official Court Reporter to the Massachusetts Superior Court, and that ?he foregoing contains a true and accurate transcription of my shorthand notes, taken in the aforewmentioned matter, to the best of my skill and ability. Richard L. Bendixen Official Court Reporter RICHARD L. BENDIXEN - Official Court Reporter