1 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS STATE OF MARYLAND, * IN THE * CIRCUIT COURT V * FOR KERRON ANDREWS, * BALTIMORE CITY Defendant. * CASE NOS. 114149007-009 * * * * * * * * * * * * TRANSCRIPT OF OFFICIAL PROCEEDINGS (Cont. of Motion to Dismiss/Suppress/Sanctions Hearing) -- -- -- -- -BEFORE: THE HONORABLE CHARLES J. PETERS, JUDGE -- -- -- –- -- HEARING DATE: June 4, 2015 -- -- -- -- -- APPEARANCES: For the State: Katie M. O'Hara, ASA For the Defendant: Deborah K. Levi, APD Transcriptionist: Catherine M. Griffin, CET-793 Transcription Service: ACCUSCRIBES TRANSCRIPTION SERVICE Heaver Plaza 1301 York Road, Suite 601 Lutherville, Maryland 21093 Proceedings recorded on digital media with video, transcript produced by transcription service. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 2 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 TABLE OF CONTENTS 2 EXAMINATION: 3 STATE'S WITNESSES: 4 None called. DIRECT CROSS REDIRECT RECROSS DIRECT CROSS REDIRECT RECROSS 5 6 DEFENSE'S WITNESSES: 7 Jeffrey Converse (Cont'd) 8 By Ms. Levi 9 By Ms. O'Hara 10 8 -- 37 -- -- 27 -- -- John Haley 11 By Ms. Levi 47 -- -- -- 12 By Ms. O'Hara -- -- -- -- 13 Michael Spinatto 14 By Ms. Levi 65 -- -- -- 15 By Ms. O'Hara -- 86 -- -- 16 17 EXHIBITS: 18 DEFENSE'S MOTION EXHIBITS: 19 Exhibit 11 20 21 22 23 24 MARKED Double-Blind Photo Array Proc., 11 pps. ADMITTED 11 13 38 41 43 -- Exhibit 12 Lotus Note/Progress Report of (4/30/14) Exhibit 13 Status Report of Detective Converse 25 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 3 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 TABLE OF CONTENTS (CONTINUED) 2 3 DEFENSE'S MOTION EXHIBITS (CONT'D): 4 Exhibit 14 5 6 7 Copy of Application of DNR MARKED ADMITTED 70 -- 81 -- Exhibit 15 Copy of J-7 of General Order BCPD 8 9 10 STATE'S MOTION EXHIBITS: None offered. 11 12 13 PAGE(S) 14 DEFENSE'S REQUEST TO POSTPONE BRIEFING: 15 COURT'S SUGGESTION RE DEFENSE'S REQUEST TO POSTPONE: 91 16 DEFENSE'S DISCUSSION RE DISCOVERY NOT RECEIVED: 17 DEFENSE'S MOTION TO DISMISS, SUPPRESS AND SANCTIONS 18 MOTION: By Ms. Levi 112 19 RESPONSE: By Ms. O'Hara 121 20 RULING: By The Court [granted in part] 90 92 125 21 22 23 24 25 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 4 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 P R O C E E D I N G S (On the record - 10:18:43 a.m., Defendant present.) 3 4 THE COURT: All right. Counsel, you want to call Mr. Andrews' case. 5 MS. O'HARA: Yes, Your Honor. Good morning. 6 Calling the State of Maryland versus Kerron Andrews, 7 114149007, through and including 009. 8 Attorney, Katie O'Hara, for the State. 9 MS. LEVI: Assistant State's Good afternoon, Your Honor. Deborah 10 Levi, on behalf of Mr. Andrews. 11 tardy. 12 afternoon, this morning in Judge Heard's chambers. I apologize for being I was dealing with a mistrial, from yesterday 13 THE COURT: All right. Can we have Mr. Andrews, 14 I guess, cuffed in the front then. 15 Counsel? 16 MS. O'HARA: So, where are we then, Your Honor, it would be my 17 recollection that Ms. Levi was finished examining 18 Detective Converse. 19 believe, now to cross-examine Detective Converse. 20 I would have an opportunity, I By way of just a scheduling matter, I had 21 inquired of Ms. Levi if she intended to call Detective 22 Converse's supervisor, Sergeant Fallon, who I've made 23 available last hearing date, and is available today. 24 25 If he's not going to be called, I'd like to excuse him. He has been in the Southwest District for two ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 5 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 days straight. And if he's not necessary, I'd like to -- 2 THE COURT: 3 MS. O'HARA: 4 Okay. Well, is he -- -- be able to let him get on with his -- 5 THE COURT: 6 MS. O'HARA: 7 MS. LEVI: -- you tell me. It's Ms. Levi's position. Well, I did actually -- I hadn't 8 quite rested with the Detective. 9 of questions briefly to ask him -- 10 THE COURT: 11 MS. LEVI: 12 15 16 -- before I turned him over. THE COURT: And All right. Where's Detective Converse? MS. O'HARA: He's in the hallway, Your Honor. I'll get him. 17 THE COURT: 18 MS. LEVI: 19 Okay. then -- 13 14 I only had one more set Okay. -- Detective Converse. And then as to Detective Fallon -- 20 MS. O'HARA: 21 MS. LEVI: -- I'm sorry. -- my intention was then to question 22 the officer who dealt with the Stingray and the cell phone 23 information. 24 25 Do, I didn't need Detective Fallon. MS. O'HARA: Okay. So, I'm going to excuse Sergeant Fallon. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 6 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: 2 MS. O'HARA: 3 MS. LEVI: 4 MS. O'HARA: 5 THE COURT: Okay. 6 THE COURT: Go ahead, Detective, why don't you Sergeant, I'm sorry -- -- Sergeant Fallon. 7 take the stand again. 8 re-sworn. 9 THE CLERK: 10 11 Thank you. And I'll get Detective Converse. All right. Why don't we have him Raise your right hand. JEFFREY CONVERSE (A witness, previously ordered to be produced by the 12 Court, previously produced by the State, previously called 13 by the Defense, was sworn according to law, resumes the 14 witness stand and continues testifying as follows:) 15 MR. CONVERSE: I do. 16 CLERK: You can have a seat. Okay. Once you're 17 situated, make sure you speak into the microphone. 18 state your name and assignment for the record. 19 MR. CONVERSE: And Detective Jeffrey Converse, 20 Criminal Investigation Division, Southwestern District 21 Detective Unit, Shooting Investigations. 22 THE CLERK: Thank you. 23 THE COURT: Go ahead, Counsel. 24 MS. LEVI: 25 I'm sorry, Your Honor, my apologies. I don't remember the last exhibit that I -- ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 7 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 THE COURT: THE CLERK: Your Honor, I have 9 and 10. I have 11, it should be. 5 6 I think it's Exhibit 8, so it would be Exhibit 9. 3 4 Okay. THE COURT: Well, that's interesting. Well, hang on a second. 7 THE CLERK: I have 9 (approaching the bench) -- 8 THE COURT: Have they been marked? 9 THE CLERK: Yes, for evidence, 9 is the notes in 10 the interview -- Notes Interview with somebody, Spenotto. 11 And then the e-mails from the State is No. 10, marked as 12 evidence. 13 14 15 THE COURT: All right. Well, I'd say we're on No. 11 then. MS. LEVI: Thank you, Your Honor. And Court's 16 indulgence? 17 to the subpoena from the police department upon my entry 18 into the courtroom. 19 20 I just received these documents in response THE COURT: (Consulting with Counsel.) (Court briefly handles unrelated matter, not transcribed.) 21 MS. LEVI: 22 THE COURT: 23 MS. LEVI: 24 THE COURT: 25 conversation not transcribed.) Your Honor, may I approach -Yes, Madame Clerk -- yes. -- the Clerk to number exhibits --- yes. (Unrelated aside ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 8 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 MS. LEVI: May I approach the witness, Your Honor? 3 THE COURT: 4 Yes, go right ahead. DIRECT EXAMINATION (CONTINUED) 5 BY MS. LEVI 6 Q I'm going to show you what's previously been 7 marked as Defense Exhibit 1. 8 that is, Detective Converse? 9 10 A Can you tell me again what It appears to be a copy of General Order J-9, the Double-Blind Sequential Photographic Array Procedures. 11 Q Okay. 12 A Yes. 13 Q And I'm going to direct your attention -- and at And you're familiar with that? 14 the top, it says the date published. 15 date published for the record? Can you tell me the 16 A October 22nd, 2013. 17 Q And I believe that I've entered this into 18 evidence, but with delay, it's been three weeks I think 19 since the last proceeding, I'd move to enter that into 20 evidence, just to be extra cautious. 21 MS. O'HARA: 22 BY MS. LEVI 23 Q I have no objection. All right. And then I'm going to direct -- 24 THE COURT: All right. 25 MS. LEVI: So, this is No. 12? No, actually this is No. 1. I'm not ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 9 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 sure if it's been admitted or just identified, so just to 2 be cautious. 3 4 THE COURT: MS. LEVI: THE COURT: No, I get that. But what is the -- on the original hearing date, what was -- 9 MS. LEVI: 10 11 This is the photographic array procedures. 7 8 What is it -- what are you showing? 5 6 Well, hang on one second. THE COURT: Number 1. Do you show it being admitted, Madame Clerk? 12 THE CLERK: 13 MS. LEVI: Okay. 14 THE CLERK: Yes. 15 THE COURT: All right. 16 MS. LEVI: 17 THE COURT: It shows it was admitted. Sorry. Hang on one second. (Turns on white 18 noise; handles unrelated matter; turns off white noise.) 19 Go ahead. Go ahead, Counsel. 20 BY MS. LEVI 21 Q 22 of 11. 23 A In here, it's only listed as ten pages. 24 Q At the top, it should say, in the right-hand 25 Can I direct your attention then to Page 5 corner, Page 5 of 11 -- ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 10 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 A (Indicating.) 2 Q Oh, okay. Well, let me hand you the one I was 3 given today from the police department. 4 that one's a little bit different. 5 out. 6 7 8 THE COURT: I'm sorry. And apparently So, we'll switch those What are you switching out? MS. LEVI: So, it looks like, Your Honor, the 9 copy of the photo array procedures that Defense Counsel 10 previously identified as Exhibit No. 1 was published on 11 October 22nd, 2013. 12 sure, an extra copy from the police department. 13 Mr. Shubert (phonet) was here this morning, he had to go 14 to a civil docket. He responded to this subpoena this 15 morning in person. And left a copy. 16 And then I subpoenaed, just to be And now, it's the same document photographic 17 procedures -- Double-Blind Sequential Photographic Array 18 Procedures. 19 pages, this one says there's 11 pages. 20 21 But instead of saying there's [sic] ten THE COURT: marked then, I think. 22 MS. LEVI: 23 THE COURT: 24 MS. LEVI: 25 Okay. Well, you should have it Otherwise -- Okay. So, why don't we then -- -- I don't know how we're --- yes, that's a great idea. Mark it as Exhibit? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 11 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 THE COURT: believe -- 3 4 You can mark it Exhibit 11, I THE CLERK: 11. (Defense's Exhibit 11 is marked for identification.) 5 MS. LEVI: Okay. 6 briefly. 7 indulgence for one second? I didn't expect that. 8 THE COURT: 9 MS. LEVI: 10 BY MS. LEVI 12 Q 14 If I may have Court's Sure. I'm sorry. I didn't expect them to be different, and I'm looking for Page 1. 11 13 May I just retrieve that All right. So, can you tell me again what that is. Defense Exhibit 11. A It doesn't have the General Order listed on it. 15 But it's dated October 22nd, 2013, the Double- 16 Blind/Sequential Photographic Array Procedures. 17 That's Q All right. And if I could direct then, your 18 attention on that one, to Page 5 of 11? 19 right here? 20 A There's no 5. 21 Q Okay. Do I have it There you go (handing document to the 22 witness). Sorry. This is a little sloppy, because I 23 didn't know they were different. 24 THE COURT: 25 MS. LEVI: So, there you go. Is that all one document? Yes. Apparently it is all one ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 12 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 document -- 2 THE COURT: 3 MS. LEVI: 4 THE COURT: 5 All right. Can you -- -- and I only have one copy. Okay. Can you pass it up to be stapled, or pass it to Madame Clerk -- 6 MS. LEVI: 7 THE COURT: 8 MS. LEVI: 9 Yes, Your Honor. -- so it can be stapled. (Approaching the Clerk.) BY MS. LEVI 10 Q 11 11. 12 Okay. Okay. I'm going to re-hand you Defense Exhibit And if I can direct your attention to Page 5 of 11. 13 MS. LEVI: And I better, for sake of 14 housekeeping purposes, make the record clear, the one that 15 I -- we entered -- Defense entered into Exhibit 1 at the 16 prior proceeding, was what we believed to be the most 17 current Double-Blind Sequential Photo Array Procedures. 18 BY MS. LEVI 19 Q So, now that I've shown you what the police 20 department arrived with today -- also published on October 21 22nd, 2013 -- is it your understanding, Detective 22 Converse, that those are the most recent procedures for 23 Double-Blind Sequential Photographic Array Procedures? 24 A I don't -- 25 Q You want to take -- ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 13 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 A -- I don't know. 2 Q -- you want to take a minute to look at them? 3 A (Reviewing document.) 4 Q Is that your understanding to be the most recent 5 copy of the Double-Blind Sequential Photographic Array 6 Procedures? 7 A 8 9 would have to say yes. Q 10 11 If you got this from our legal department, I Okay. MS. LEVI: At this time, I would move to admit Defense Exhibit 11 into evidence. 12 MS. O'HARA: 13 THE COURT: 14 No objection. All right. It will be admitted. (Defense's Exhibit 11, Double-Blind Sequential 15 Photographic Array Procedures, 11 pages, is identified and 16 admitted into evidence.) 17 BY MS. LEVI 18 Q 19 Okay. Now, if I could direct your attention to Page 5 of 11. 20 A Which 5 of 11? 21 Q Well, let's see, if they're exactly the same, 22 23 There's [sic] two of them. then I would say either one. THE COURT: I'm sorry. I thought there was ten 24 pages in one, and then 11 pages in the other, and now 25 there are 11 pages in both? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 14 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: Your Honor, the one that we entered 2 into -- the exhibit -- I'm sorry, the one that we entered 3 into evidence at the last proceeding is dated October 4 22nd, 2013, is what we believed to be the most updated. 5 haven't -- 6 7 THE COURT: I I think this one's dated October 22nd, 2013. 8 BY MS. LEVI 9 Q So at the end, actually, Detective, there may be 10 -- sometimes on the very last page, will be an updated 11 date on there. 12 and see if there's a date that the report was updated. 13 I'm happy to do that for Your Honor -- and for myself, as 14 well. Can you please flip to the very last page 15 A On both Page 11 of 11s, there's no update. 16 Q Okay. 17 THE COURT: Okay. Or So, these are the -- is 18 State's Exhibit -- or I'm sorry, Defense Exhibit 1 and 11, 19 are they the same document? 20 MR. CONVERSE: 21 MS. LEVI: 22 THE COURT: (No audible/visible response.) Um. Okay. All right. Well, you're 23 referring to Page 5 of 11, we're doing State's Exhibit 24 No. 11. 25 Okay. MS. LEVI: Defense Exhibit -- ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 15 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 THE COURT: 2 MS. LEVI: 3 THE COURT: 4 MS. LEVI: 5 THE COURT: 7 MS. LEVI: -- thank you. If I may approach briefly, Your Sure. -- to also look for an updated date. And again, I just received those documents. 9 10 Right. Honor -- 6 8 Defense Exhibit No. 11 -- MR. CONVERSE: And there's [sic] two pages, 5 and 11, there's [sic] two of every page. 11 MS. LEVI: 12 copies. 13 two of every page. 14 Oh, good. Then he did give us two Detective Converse has indicated there's [sic] So, I guess the police department provided us 15 two copies of every page without -- and I'm going to look 16 on the last page to see -- 17 THE COURT: 18 MS. LEVI: 19 THE COURT: 20 minute. Okay. -- if there is -- it's interesting. Wait a minute, Counsel. So there are 22 pages in that document? 21 MS. LEVI: 22 I'll separate them, so it's -- 23 THE COURT: 24 MS. LEVI: 25 Wait a Can I have Court's indulgence, and Sure. -- so we're entering the correct document into the record. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 16 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 THE COURT: MS. LEVI: 4 THE COURT: I had subpoenaed the --- I'm going to -- I'll step off for one second. 6 7 While you're doing that, Counsel, everyone remain seated -- 3 5 All right. MS. LEVI: Thank you, Your Honor. Sorry. I had subpoenaed them for the last hearing. 8 (Off the record / Judge stands down - 10:33:15 a.m.) 9 (On the record / Judge re-entering the courtroom - 10 10:37:17 a.m.) 11 12 THE COURT: Everybody remain seated. Go ahead, Ms. Levi. 13 MS. LEVI: Your Honor, thank you for giving me 14 time to compare the two documents. 15 are similar entirely. 16 in the one the police department brought today. 17 content is the same, which is why there's no updated 18 version, and one has ten pages and one has 11. 19 THE COURT: 20 MS. LEVI: It appears that they The font and the style was changed But the Okay. So, for the sake of clarity, if we 21 could go with the one that the police department brought 22 today -- 23 THE COURT: 24 MS. LEVI: 25 THE COURT: That's Defense Exhibit No. 11. Yes. Okay. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 17 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 MS. LEVI: And may I approach the witness then -- 3 THE COURT: 4 MS. LEVI: Yes, go ahead. -- again, Your Honor. Actually, the 5 Clerk, first -- Madame Clerk, to mark it, I think it was 6 improperly marked. 7 8 So, we'll start all over. THE COURT: Okay. So, again, that is Defense Exhibit 11? 9 MS. LEVI: Yes. 10 THE COURT: 11 MS. LEVI: 12 THE CLERK: I still noted that -- 13 THE COURT: It's been admitted. 14 MS. LEVI: 15 THE COURT: 16 MS. LEVI: 17 BY MS. LEVI 18 Q Okay. And I'd move to admit, so -- Okay. It's been admitted. Thank you. Thank you for your patience, Detective Converse. 19 If I could now direct your attention to Page 5 of 11. 20 you with me? Are 21 A Yes, ma'am. 22 Q At the top of the page, looking down, there's 23 Numeral 4, and then Numeral 5. 24 me, please. 25 A Can you read Numeral 5 for "Make a copy of the completed photographic array ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 18 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 forms, and retain them in the investigative case folder." Q And then, can you continue to read the note, it 3 says, "NOTE" in all caps, below that. 4 for me, please. 5 A Yes. Could you say that "These procedures must be followed for all 6 photographic arrays, whether or not identification was 7 made." 8 Q 9 And we would agree that, as you said last time, you did not do that in this particular case, correct? 10 A Yes. 11 Q Yes? 12 A I did not do that. 13 Q Okay. 14 me, please. 15 A And then, can you read No. 6 out loud for "The primary investigator must submit to the 16 Evidence Control Unit, ECU, all original completed 17 photographic arrays, and associated forms, including the 18 original numbered folders" contained -- I'm sorry -- 19 "containing shown photographs and Forms 480/13 Annex B, 20 481/13 Annex C, and 482/13 Annex D." 21 Q And you understand that to mean that you were to 22 submit the photographic array in a sealed envelope -- or 23 in an envelope, right? 24 A Yes. 25 Q And then the ECU, the Evidence Control Unit, ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 19 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 would then retain that property as evidence, correct? 2 A Yes. 3 Q And give you a property submission receipt, 4 correct? 5 A Yes. 6 Q So, there'd be a record of it, right? 7 A Yes. 8 Q And it would be safely kept until trial, right? 9 A Yes. 10 Q And you did not do that in this case, did you? 11 A No. 12 Q So, not in your case file, right? 13 A No. 14 Q And not in ECU, right? 15 A No. 16 Q And then again, if you could look to the next 17 section of the page, in all capitals, "REPORTING RESULTS 18 OF PHOTO ARRAY." Do you see that? 19 A Yes. 20 Q And can you read No. 1 out loud for me? 21 A "The primary investigator must prepare a form 22 482/13 for each photographic array shown and submit it to 23 ECU. 24 of the photo array, and identify each photograph by the 25 SID number or another unique identifier in the order This report must include the date, time and location ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 20 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 shown, and the date the photos were taken." 2 Q And then, again, keep reading in 1.1. 3 A "Document the ECU Number on a Supplemental 4 Report Form 007." 5 Q And then, No. 2. 6 A "If any questions arise concerning the" -- 7 excuse me -- "if any questions arise concerning the 8 procedure, or the showing of a photographic array, consult 9 with" the supervisory personnel -- "consult with 10 11 12 supervisory personnel for guidance." Q And we can agree that you did not do a Form 482/13 for this photographic array, did you? 13 A For which photographic array? 14 Q The photographic array that was shown to 15 Mr. Braxton, and the photographic array -- actually, thank 16 you -- and the photographic array that was shown -- 17 18 MS. LEVI: (Consulting with Counsel) -- I'm sorry, Mr. Braxton is my trial that I was just. 19 BY MS. LEVI 20 Q -- Mr. Holloway? 21 A Yes. 22 Q And the photographic array -- 23 MS. LEVI: 24 BY MS. LEVI 25 Q (Consulting with Counsel.) -- and the photographic array that was shown to ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 21 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 Rihanna Allen, right? 2 A Yes. 3 Q And you did not consult with your supervisor for 4 any questions that had arisen regarding the procedure for 5 photographic arrays, did you? 6 A No, I did not. 7 Q And then lastly, if you can read the next 8 section titled, "Supervisors." 9 please. 10 A Can you read that for me, "Ensure the above procedures are followed by 11 members of the department. 12 concerning the procedure or the showing of a photo array, 13 consult with the State's Attorney's Office or the Legal 14 Affairs Section of the Baltimore Police Department." If there are questions 15 Q You didn't do that in this case, did you? 16 A No. 17 Q You didn't say, would it be okay for me to keep 18 this negative photo array in my desk? 19 A No, I did not. 20 Q And then to the -- I said lastly, but I didn't 21 really mean that, I'm going to mean it now. 22 the next page, Page 6 of 11. 23 RESULTS OF PHOTO ARRAY," this is the last section about 24 the duties to report. 25 A Can you go to And again, "REPORTING Can you read No. 1 for me. "The primary investigator must prepare the forms ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 22 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 contained in this policy for each photographic array for 2 submission to ECU upon completion, as appropriate. 3 Identify each photograph by the SID number or other unique 4 identifier in the order shown, and the date the photos 5 were taken." 6 Q 7 you -- 8 9 So, how that translates is that, I'm showing MS. LEVI: I'm not going to enter it into evidence -- 10 BY MS. LEVI 11 Q -- but I'm going to show an envelope. You would 12 recognize this as an envelope that's sometimes submitted 13 to ECU, right? 14 A Yes. 15 Q And so what you just read means, that there 16 should be an envelope with a photo array for each photo 17 array that was conducted in this case, correct? 18 A Yes, or all in the same envelope. 19 Q Well, doesn't it say, for each photographic 20 array -- 21 THE COURT: 22 MS. LEVI: 23 THE COURT: 24 25 Well, Ms. Levi, I -Okay. Fine. -- I don't think it was submitted. I -MS. LEVI: Okay. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 23 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 THE COURT: -- think he's acknowledged it, and -- thank you. 3 BY MS. LEVI 4 Q Did your supervisor look over your file -- 5 A No. 6 Q -- in this case? 7 A No, he did not. 8 Q And if your supervisor had looked over your 9 file, how would your supervisor -- your supervisor 10 wouldn't have even known that you had, for all intents and 11 purposes, hidden a photo array in your desk? 12 MS. O'HARA: 13 THE COURT: 14 BY MS. LEVI 15 Q Objection. (No audible response.) Does your supervisor have any way looking at 16 that to determine that you had completed a photo array 17 that you didn't submit? 18 case folder. Looking, by this, I mean your 19 A No. 20 Q Detective Converse, it's fair to say, you knew 21 full well that you should have kept that photo array, both 22 of them, in your case file, right? 23 A Yes. 24 Q And you should have submitted them to ECU, 25 right? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 24 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 A Yes. 2 Q And you didn't? 3 A No, I did not. 4 MS. LEVI: And just moving onto the last topic, 5 Your Honor, for clarity sake, because there's a three-week 6 break here. 7 the Stingray material, just to refresh everybody's 8 recollection. 9 10 I just want to ask one other question about BY MS. LEVI Q We would agree, that was your obligation -- 11 MS. LEVI: 12 THE COURT: 13 BY MS. LEVI 14 Q Oh, sorry, Court's indulgence? (No audible response.) Backing up to the photo array for one second. 15 The procedures that we just read, indicate that the 16 responsibilities we talked about are for the primary 17 investigator, right? 18 A Yes. 19 Q You were the primary investigator on the Kerron 20 Andrews' case, correct? 21 A Yes. 22 Q Okay. Now, moving back to the Stingray 23 information. 24 individual who could gather up the Stingray information, 25 and provide that to the State's Attorney, right? You would agree, that you were the ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 25 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. O'HARA: 2 THE COURT: 3 Objection. I'm sorry, could you repeat that question. 4 BY MS. LEVI 5 Q If you knew the Defense Attorneys were looking 6 for information related to whether a Stingray was used in 7 this case, you would have been able to gather that 8 information -- whether a Stingray was used in this case -- 9 and present it to the State's Attorney, right? 10 MS. O'HARA: 11 THE COURT: 12 MR. CONVERSE: Objection. Overruled. I would have had to consult with 13 ATT to find out what exactly equipment that they used to 14 locate Mr. Andrews. 15 BY MS. LEVI 16 Q And you could have done that? 17 A Yes. 18 Q And you did not do that? 19 A No. 20 Q You never provided any information about what 21 electronic surveillance was used in this case to the 22 State's Attorney, did you? 23 A No, I did not. 24 Q But you knew electronic surveillance was used in 25 this case, did you? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 26 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 A name or its technology. 3 Q 4 5 I knew something electronic, I did not know the Okay. MS. LEVI: Mr. Andrews, Your Honor? 6 THE COURT: 7 MS. LEVI: 8 Sure. (Consulting with Client.) THE COURT: 10 Sure. MR. CONVERSE: Your Honor, may I have a glass of water -- 12 MS. LEVI: 13 THE COURT: 14 MR. CONVERSE: 15 THE COURT: 16 MS. O'HARA: 17 THE COURT: 18 Court's indulgence for one second, please? 9 11 Could I have a moment to consult with I don't have any other questions. Sure. Maybe Ms. O'Hara -- Please. -- yes, sure -Pardon? Could you get the Detective a glass of water. 19 MR. CONVERSE: 20 THE COURT: 21 MS. O'HARA: There's [sic] not cups (inaudible) 23 THE DEPUTY: There's [sic] cups. 24 THE CLERK: We can do that. 25 THE COURT: Okay. 22 Thank you. Is there something there? -- Okay. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 27 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MR. CONVERSE: 2 THE COURT: 3 MS. O'HARA: 4 Thank you, Your Honor. All right. Thank you. I'm sorry. Your Honor, thank you. CROSS-EXAMINATION 5 BY MS. O'HARA 6 Q Good morning, Detective Converse. 7 A Good morning. 8 Q Detective Converse, when we left off two weeks 9 ago, the Court had asked you a question about, conducting 10 a file review in my office, and why you had not provided 11 the photo array that you conducted with Rihanna Allen 12 during the initial file review. 13 photo array did not exist at the initial file review? 14 MS. LEVI: 15 THE COURT: 16 BY MS. O'HARA 17 Q Objection, "that photo array." (No audible response.) With Rihanna Allen? 18 THE COURT: 19 MR. CONVERSE: 20 THE COURT: 21 MR. CONVERSE: 22 Isn't it true that that All right. Do you know -- Go ahead. -- do you know the date of the follow-up -- 23 BY MS. O'HARA 24 Q We -- 25 A -- interview in your office? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 28 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 Q Let me rephrase the question then. When we last 2 left, the Court asked you if we had done an initial file 3 review. 4 after Mr. Andrews' arrest, around the time of charging, 5 that you provided a copy of your case file to me somewhere 6 in the State's Attorney's Office? And your testimony was, generated that shortly 7 A Yes. 8 Q Okay. 9 10 And isn't it true that the photo array you conducted with Rihanna Allen was not conducted until six to seven months after that initial file review? 11 A Yes. 12 Q And isn't it also true that some of the Lotus 13 Notes that you provided only recently were not typed up, 14 were not generated at the time of the initial file review, 15 because those Lotus Notes were done after the initial file 16 review? 17 A Yes. 18 Q Is it fair then to say that your investigation 19 was still continuing after our initial file review? 20 A Yes. 21 Q And that evidence that you generated -- 22 documents that you generated were evolving, and not 23 everything ended at the initial file review? 24 25 Q Okay. And so, what you have said is that, while you gave me everything at the initial file review, ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 29 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 unfortunately you were not -- you did not give me things 2 after that initial file review, correct? 3 A Yes. 4 Q Okay. And to be clear, one of the things that 5 existed at the initial file review, but that I didn't 6 have, was the photo array that you conducted with Ajabar, 7 correct? 8 A Yes. 9 Q Okay. And -- 10 THE COURT: 11 MS. O'HARA: 12 THE COURT: 13 MS. O'HARA: 14 BY MS. O'HARA 15 Q That's Holloway? That's Holloway. Okay. Ajabar Holloway. And you indicated, Detective Converse, that you 16 attempted to show Ajabar Holloway -- or attempted to do a 17 photo array procedure with Ajabar Holloway at the 18 hospital, correct? 19 A Yes. 20 Q And isn't it true that Ajabar Holloway refused 21 22 23 to look at the pictures? A He did look at the pictures, but would not identify anybody, make any statements, or write anything. 24 Q Okay. 25 A No. Would he even write his name on anything? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 30 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 Q Would he indicate -- would he go on tape at all? 2 A No. 3 Q Would he even say the photo array was shown to 4 me, and here's my signature to say that I looked at 5 pictures? 6 A No. 7 Q So, he was completely -- I'll use the term, 8 uncooperative, in terms of he would not even follow the 9 basic tenets of, can I have you initial to say that you 10 viewed these photographs? 11 A Yes. 12 Q Okay. 13 So, because of that, did you believe that that photo array was evidence in this case -- 14 MS. LEVI: 15 THE COURT: 16 MS. LEVI: Objection. Okay. Grounds? Pardon -- I'm just going to object to 17 the leading nature of the question. 18 witness, I think given the circumstances and the nature of 19 the questioning, I think the detective ought to be able to 20 provide his own answer as to why. 21 22 THE COURT: Go ahead. You can do that on redirect. Overruled. 23 BY MS. O'HARA 24 Q 25 Okay. Although he was our Did you believe that Ajabar Holloway's -- the that the pictures you showed to Ajabar Holloway ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 31 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 constituted evidence in this case? 2 A Yes. 3 Q Okay. And where did -- if you recall, where did 4 you put that photo array once you showed it to Ajabar 5 Holloway? 6 A It was in my desk. 7 Q Okay. 8 A No. 9 Q Did you make any effort to shred it? 10 A No. 11 Q Did you make any effort to destroy it at all? 12 A No. 13 Q Okay. Did you make any effort to throw it away? If you had wanted to completely conceal 14 it, would you have thrown it away, shredded it, or somehow 15 destroyed it? 16 MS. LEVI: 17 THE COURT: 18 BY MS. LEVI 19 Q 20 Objection. Sustained. Next question. Do you have an explanation as to why it was in your desk? 21 A I don't. 22 Q Okay. Sticking with the photo array. The photo 23 array that you showed to Rihanna Allen was in January of 24 2015, correct? 25 A Yes. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 32 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 Q So, this was a long time after we had done an initial file review, correct? 3 A Yes. 4 Q Okay. And in the same questions, as to that 5 photo array, where did -- the photo array that you did 6 with Rihanna Allen -- where did you put that? 7 A In my desk. 8 Q And do you have a reason why you put it in my 9 10 11 12 desk? A I just put it in my desk drawer because it was a no-identification photo array. Q Okay. Did you believe -- did you believe, prior 13 to any discussions that we've had about it since then, 14 that it had evidentiary value? 15 A Yes. 16 Q Okay. 17 to bring it to someone's attention? 18 A Yes. 19 Q Okay. 20 And was it your attention at some point Did you make any effort to throw that photo array away? 21 A No. 22 Q Did you try to shred it? 23 A No. 24 Q Did you try to conceal it? 25 A No. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 33 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 Q And when I asked you about it, did you provide 3 A Yes. 4 Q Had anyone asked you about it -- 2 it? 5 MS. LEVI: 6 BY MS. O'HARA 7 Q Objection. -- before I asked you about it -- 8 MS. LEVI: 9 THE COURT: Objection. Overruled. 10 BY MS. O'HARA 11 Q To my knowledge, no. 12 A If a supervisor, such as Sergeant Fallon, or 13 your lieutenant had asked you about it, would -- 14 MS. LEVI: 15 THE COURT: 16 BY MS. O'HARA 17 Q 18 Objection, relevance? No. Overruled. Go ahead. -- would you have had it available for them to view? 19 A Yes. 20 Q As far as the WATF and ATT information 21 Ms. Levi's asking you about, does WATF and/or ATT forward 22 you information as it relates to their part of warrant 23 apprehension or suspect location? 24 A I'm not sure I understand -- 25 Q Do they forward -- ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 34 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 A -- the question. 2 Q -- you any documents automatically because 3 you're the primary investigator? 4 A No. 5 Q And has that been case for your cases, 6 generally? 7 A Yes. 8 Q In this case, did they forward you anything? 9 A I believe the location to where they located 10 Mr. Andrews. 11 Q Okay. And did they say, hey, by the way, we 12 have some reports, or we have some documents, do you want 13 them? 14 A No. 15 Q Were you aware if they made reports and/or kept 16 documents? 17 A No. 18 Q With regard to the actual investigation, 19 Ms. Levi began our hearing last time asking you about 20 Suspect No. 2. 21 discussion with the witnesses in this case, did you ever 22 believe that there were two suspects to the shooting? Based on your investigation and your 23 A No. 24 Q Did the witnesses ever indicate that there were 25 two shooters in this case? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 35 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 A 2 3 No. THE COURT: Well, let me just -- did they indicate that there were two people involved in the case? 4 MR. CONVERSE: Yes. Their preliminary 5 interviews had indicated there was supposedly more than 6 one person. 7 THE COURT: 8 BY MS. O'HARA 9 Q Okay. Can I follow up on that by asking you to -- if 10 you can summarize what you mean by more than one person? 11 Do you mean more than one person in the area, more than 12 one person involved in the transaction and shooting? 13 you summarize for us? 14 A More than one person in the area. 15 Q Was it ever your understanding, from your Can 16 witness interviews, that there was more than one person 17 involved in the conversation with Ajabar Holloway, and who 18 was identified as the Defendant -- person identified as 19 the Defendant -- who was right there at the car, involved 20 in that conversation, and had a gun? 21 A No, there was no other person identified. 22 Q So, when you say that there was -- 23 BY THE COURT 24 Q Well, wait a minute, that's a lot -- 25 A I'm -- ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 36 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 Q -- were there two people with -- did anyone identify two people with guns, is that -- 3 A No. 4 Q All right. 5 Did they identify there were two people, one of which had a gun? 6 A No. 7 Q Okay. 8 BY MS. O'HARA 9 Q All right. So, when you say that other people were 10 involved, do you mean that other people were generally in 11 the area? 12 A Yes. 13 Q So, is it fair to say that the witnesses, and 14 the statements of the witnesses gave [sic] you indicated 15 that there was one suspect? 16 A Yes. 17 Q Detective Converse, I think it's been made 18 obvious, and you have admittedly said that you have 19 violated rules of the General Order, rules of the police 20 department, rules that you know as a Detective, with 21 regard to, particularly the photo arrays in this case. 22 Did you do that -- did you do that intentionally? 23 24 25 A No, ma'am. MS. O'HARA: I have nothing further from Detective Converse. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 37 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 THE COURT: 2 REDIRECT EXAMINATION 3 BY MS. LEVI 4 Q 5 Okay. Detective Converse, could I turn your attention to Progress Report -- let me show you actually -- 6 MS. LEVI: 7 MS. O'HARA: 8 MS. LEVI: 9 Counsel.) This is a Lotus Note 4/30/2014. Can I just get a date on it -- oh. (Showing document to Opposing May I approach, Your Honor? 10 THE COURT: 11 MS. LEVI: 12 THE CLERK: 13 MS. LEVI: 14 THE CLERK: 15 MS. LEVI: 16 BY MS. LEVI 17 Q Yes. You would like it on the front? Yes. Is this number? 12. 12. Let me show you what's been marked for 18 identification purposes as Defense Exhibit 12. 19 tell me what that is? Can you 20 A It's a Progress Report dated April 30th, 2014. 21 Q And if you turn to the second page on that, does 22 it have the initials, JAC? 23 A The second page, no, it doesn't. 24 Q Who did that Lotus Note? 25 A Myself, I did. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 38 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 (Defense's Exhibit 12 is marked for identification.) 2 BY MS. LEVI 3 Q 4 5 Can you read to me -MS. LEVI: direct the witness's attention to -- 6 THE COURT: 7 BY MS. LEVI 8 Q 9 -- If I may again, Your Honor, I can Sure. -- approximately the middle of the page, and the date of this Lotus Note is? 10 A April 30th, 2014. 11 Q And if I could have you read, starting with the 12 13 word, "stated," about half way down the page. A "Stated when they stopped, Ajabar called the 14 same unknown individual, still using Rihanna's phone, and 15 stated they were there, and told the individual to come 16 out of the car." 17 Q Can you just keep reading for me, please. 18 A "Stated she saw and [sic] unknown Black male 19 wearing a hoodie. 20 No. 2. 21 with the following description, 'walking from one of the 22 apartment buildings towards the car'." 23 24 25 Q No further description, who is Suspect And another unknown Black male, Suspect No. 1, So, you indicated in your Lotus Note on April 30th, 2014, that there were two suspects, correct? A According to what Ms. Allen said in her ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 39 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 3 4 interview at the time, yes. Q And you indicated that both of those suspects were walking towards the car together, right? A If I may read it again. It says, "stated she 5 saw and [sic] unknown Black male wearing a hoodie. 6 further description, who is Suspect No. 2. 7 unknown Black male...with the following description, 8 'walking from one of the apartment buildings towards the 9 car'." 10 Q Who is, Suspect Number? 11 A It could mean 1 and 2. 12 13 MS. LEVI: THE COURT: 15 BY MS. LEVI 16 Q 18 19 20 21 22 And another If I may approach again, please, Your Honor? 14 17 No Sure. Just so we're clear, I'm not sure where you were reading from? A (Indicating.) The Progress Report that you put in front of me. Q Okay. So, read that again, starting with, "stated she saw." A "Stated she saw and [sic] unknown Black male 23 wearing a hoodie (no further description) [in 24 parentheses], who is Suspect No. 2. 25 Black male, (Suspect No. 1) [in parentheses] with the And another unknown ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 40 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 following description, 'walking from one of the apartment 2 buildings towards the car'." 3 4 Q So, unclear whether they were both walking from the apartment building, or just one of them, right? 5 A Correct. 6 Q And then if you turn to the next page. Can you 7 read the line on the -- and this would be the second page 8 of that Lotus Note, right? 9 A Yes. 10 Q And can you read the line on the second page of 11 12 13 that Lotus Note for me, please. A "Stated she did not see which way the suspects ran after the shooting." 14 Q And suspects is plural, correct? 15 A Yes, ma'am. 16 Q And that's your language that you used in that 17 Lotus Note, right? 18 A Yes. 19 Q Okay. 20 21 MS. LEVI: I move to admit Defense Exhibit 13 into evidence -- 22 MS. O'HARA: 12. 23 THE COURT: 24 MR. CONVERSE: 25 MS. LEVI: That's 12. This is 12 -- 12. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 41 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. O'HARA: 2 THE COURT: 3 4 No objection, Your Honor. It's admitted. (Defense's Exhibit 12, Lotus Note/Progress Report of April 30, 2014, is identified and admitted into evidence.) 5 BY MS. LEVI 6 Q And then, Detective Converse, the Assistant 7 State's Attorney asked you whether, when you did your 8 initial file review, you had Ms. Rihanna Allen's photo 9 array completed. And you didn't, right? 10 A No. 11 Q But you did have Mr. Holloway's photo array 12 completed at the time of your initial file review, right? 13 A It had attempted to have been shown, yes. 14 Q Right. 15 The one you considered to be evidence, correct? 16 A Yes. 17 Q And you didn't present that to her obviously, 18 right? 19 A No, I did not. 20 Q There's no prohibition against doing another 21 case file review, right? 22 A No. 23 Q And in fact, you know you have an ongoing duty 24 to disclose evidence, as you get it, to the State's 25 Attorney, right? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 42 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 A Yes. 2 Q You know that we don't play hide-and-seek with 3 evidence, right? 4 A Yes. 5 Q But in this case, we had to seek to find the 6 evidence from you, right? 7 MS. O'HARA: 8 THE COURT: 9 Objection. All right. Sustained. Next question. 10 MS. LEVI: Okay. 11 MS. LEVI: I just again received -- I subpoenaed 12 documents for the last hearing, if I could just -- this 13 may be mildly outside the scope, but just the last thing I 14 want to ask him about, Your Honor? 15 THE COURT: 16 MS. O'HARA: 17 MS. LEVI: 18 Okay. Can I see the (inaudible)? It's just this number of total cases he's done, in the detective -- in the DDU database. 19 MS. O'HARA: 20 MS. LEVI: Okay. This doesn't have a business 21 certification (showing document to Opposing Counsel). 22 Okay. 23 MS. O'HARA: 24 BY MS. LEVI 25 Q I understand. I'm going to show you what's being marked for ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 43 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 identification purposes as Defense Exhibit 13. 2 may not know what it is. You may or Have you seen this before? 3 A Yes. 4 Q Can you tell the Court what that is. 5 A It appears to be a Detective Status Report. 6 Q And whose name is on that? 7 A Mine. 8 (Defense's Exhibit 13 is marked for identification.) 9 BY MS. LEVI 10 11 12 13 14 15 Q covers. A And at the top, it says the dates that that Can you tell me the dates that that covers. On this sheet, November 1st, 2008 to May 28th, 2015. Q And that's the number of cases you've had in that time period, correct? 16 MS. O'HARA: 17 THE COURT: 18 MR. CONVERSE: 19 Objection. Overruled. I don't know where you got this, and I can't -- 20 BY MS. LEVI 21 Q Okay -- 22 A -- stipulate to this -- 23 Q -- that's fine. That's fine. The police 24 department indicated on that paper that you've had 318 25 cases. Is it fair to say that that's roughly the number ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 44 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 since 2008, the number of cases that you have been 2 involved in, or have been assigned to you? 3 A I can't stipulate to that fact. 4 Q Okay. 5 Well, can you estimate between 2008 and 2015, how many cases you've been involved in? 6 MS. O'HARA: 7 MR. CONVERSE: 8 THE COURT: 9 MR. CONVERSE: 10 THE COURT: 11 MS. LEVI: 12 Objection. I can't estimate -- All right. I can't estimate. Okay. Okay. THE COURT: Okay. 14 MS. O'HARA: No. 15 THE COURT: 19 20 Anything else? All right. MR. CONVERSE: Sir, you can step down. Do you want these items, Your Honor? THE COURT: Clerk, please. Yes. You can give those to Madame And that last document, did you mark that? 21 THE CLERK: 22 MS. LEVI: 23 I don't have any further Your next witness? 17 18 Next question. questions for him. 13 16 Overruled. Yes. I did, but it wasn't admitted, because he couldn't -- 24 THE COURT: Defense Exhibit No. 13 -- 25 THE CLERK: 13. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 45 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 THE COURT: All right. 2 THE CLERK: As ID. 3 THE COURT: Okay. 4 MS. LEVI: 5 Okay. And I was hoping to have, Your Honor, the detective from the -- 6 MS. O'HARA: 7 MS. LEVI: ATT or WATF? -- whichever one was responsible for 8 gathering the information on the Stingray. 9 of them would probably be necessary -- 10 MS. O'HARA: I think both Your Honor, I have present, as I 11 had present before, Detective Mike Spinatto, from WATF. 12 have present, Detective John Haley from ATT. 13 summarize that Detective John Haley works at the ATT Unit. 14 They are the unit that actually would be able to 15 speak to the use of the Stingray, and the -- I believe the 16 procedure that they used to identify location where they 17 brought WATF to assist in the arrest of Mr. Andrews. I can 18 THE COURT: 19 MS. O'HARA: 20 THE COURT: 21 MS. O'HARA: 22 THE COURT: -- who do you want to testify? 23 MS. LEVI: I thought they're -- they're both 24 25 I Okay. Well -So, I'm not sure which one -- Ms. Levi, who do you want --- Ms. Levi -- here today? MS. O'HARA: They're both here, yep (inaudible). ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 46 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: Well I don't know which one is 2 responsible for -- which one, I don't know. 3 I'll take either one. 4 MS. O'HARA: Okay. Let me start with -- I'll 5 bring in Detective Haley. 6 ahead and take the stand (inaudible) -- 7 THE COURT: 8 MS. O'HARA: 9 THE CLERK: 10 Detective Haley, could you go Come on over here, sir. That's fine, yep. Remain standing, and raise your right hand, please. 11 12 So, I guess JOHN HALEY (A witness, ordered to be produced by the Court, 13 produced by the State, called by the Defense, was sworn 14 according to law, resumes the witness stand and continues 15 testifying as follows:) 16 MR. HALEY: 17 CLERK: Yes, (inaudible). Okay. You can have a seat. Once you're 18 situated, make sure you speak into the microphone. 19 state your name and assignment for the record. 20 21 MR. HALEY: Detective John Haley, Baltimore City Police, ATT Unit, Advance Technical Team. 22 THE CLERK: Thank you. 23 THE COURT: Go ahead, Counsel. 24 25 And DIRECT EXAMINATION BY MS. LEVI ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 47 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 3 4 Q Detective Haley, tell me what you do for the Advance Technical Team, please. A We do all the electronic surveillance -- excuse me -- for the police department. 5 Q And what exactly is your role? 6 A If we're discussing this case, my role was going 7 to be to help locate the gentleman that had a warrant in 8 this incident. 9 Q And how do you get called in to do that? 10 A What happened in this case was, Detective 11 Spenotto from our WATF, which is the Warrant Apprehension 12 Unit, apparently interviewed somebody -- got a phone 13 number. 14 sees Judge Barry Williams, and gets a Court Order signed. 15 He then responds down here to the Circuit Court, He then sends the Court Order down to our 16 office, depending on what the carrier is, Verizon, Sprint, 17 T-Mobile, AT&T. 18 subscriber information, call-detail records. 19 We then send it to them. I ask for They provide us with GPS locations, in this 20 case. 21 equipment that we can go out and locate cell phones. 22 Q And once we get all the information, then we have Okay. When you say, we have equipment that we 23 can locate cell phones, you're talking about the Stingray 24 equipment, is that what was used in this case? 25 A Yeah, it's called the Hailstorm. It used to be ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 48 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 -- Stingray is kind of first generation. 2 Q Okay. 3 A Probably about two years ago. 4 Q Pretty sophisticated? 5 A I'd say, yes. 6 Q So, it doesn't just locate a phone, right? 7 A Well, I'm not sure what you're asking. 8 Q It means that you can go into someone's phone, 9 when did the Hailstorm come in to be? and grab all the data on that phone with the Hailstorm, 10 right? 11 A No. 12 Q Tell me what the Hailstorm does. 13 A What we get from the phone company is the 14 subscriber information. 15 information, it has a [sic] identifier on there, if you 16 will, a serial number. 17 equipment. 18 So, when we get the subscriber We put that into the Hailstorm And the Hailstorm equipment acts like a cell 19 tower. 20 equipment is looking for that particular identifier, that 21 serial number. 22 Q So, we go into a certain area, and basically, the Okay. And so, if a person is inside of a home, 23 that equipment peers over the wall of the home, to see if 24 that cell phone is behind the wall of that house, right? 25 A Yes. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 49 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 Q And it sends an electronic transmission through the wall of that house, correct? 3 A Yes. 4 Q Did you get a separate search warrant for that 5 6 search into the home? A You'd have to talk to Detective Spinatto about 7 that. 8 signed. 9 10 Q Because he's the one that got the Court Order Did you do the search? You conducted the equipment in this -- you operated -- 11 A Yes. 12 Q -- the equipment? 13 A Yes. 14 Q And you didn't have a -- did you have a warrant 15 in your hand to go into that address when you used the 16 Hailstorm machine to peer into -- lots of people's homes, 17 actually, right? 18 MS. O'HARA: 19 THE COURT: 20 Objection. Counsel, I mean, there's not a jury here. 21 MS. LEVI: 22 THE COURT: 23 think I understand. 24 MS. LEVI: 25 THE COURT: Um-hum. -- I mean, I don't -- I mean, I It basically pings the phone. Okay. And there's an electronic device ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 50 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 going back -- I don't think anybody's peering in. If you 2 want to metaphorically refer to it, that's fine. I mean, 3 I don't think it necessarily hinders your legal argument 4 or not. 5 signal, just like when you call in your -- if you use your 6 cell phone in your house, it pings off a tower. But I think it's electronically, they send a 7 MS. LEVI: 8 assume that, right. 9 10 11 Well, let's -- if I may -- let's not BY MS. LEVI Q Because you're familiar with putting a GPS tracking device on a vehicle, right? 12 A No. 13 Q You've never done -- 14 A No. 15 Q -- anything like that? 16 A No, ma'am. 17 Q Tell me all of the information the Hailstorm can 18 19 retrieve from a phone. A It's going to retrieve, like I said before, the 20 serial number of the phone, depending on what kind of 21 phone it is. It's going to -- there's [sic] different 22 identifiers. Like for Sprint, in this case, it's called 23 the MSID. 24 number. 25 electronic serial number. And that's like a ten-digit -- like a ten-digit So, it's retrieving that. And there's also the It's retrieving that. And ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 51 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 that's really it. 2 Q 3 being made? 4 A No. 5 Q And how do you know where the phone -- and it 6 Can you capture the telephone calls as they're doesn't capture any data on the phone? 7 A No. 8 Q Are you sure? 9 A Yes. 10 Q So, how do you get information about where the 11 12 phone is on the machine? A Because when it captures that identifier that 13 you put into the machine or the equipment, it then tells 14 you -- it looks like a clock on the equipment. 15 tells you where the signal's coming from, like 12, 1, 2, 3 16 o'clock (indicating). And it 17 And it will give you like a reading. 18 says 1:00 at like an 80, well, then you know that you're 19 kind of close to it. 20 then you know that you're probably within, I don't know, 21 probably, you know, 20 yards of it. 22 23 24 25 Q Like if it But if it says 1:00 at like a 40, The person doesn't have to be using their phone for you to get that information, do they? A Actually, if they're on their phone, then they're already connected to -- in this case, the Sprint ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 52 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 network. 2 of that until they're -- until they hang -- until they 3 hang the call up. 4 5 Q And we're not going to be able to pull them off So, they hang the call up. And the phone can be in their pocket, right? 6 A Correct. 7 Q And then you're reaching in to grab an 8 electronic signal about where that phone is? 9 pinging, in other words, right? 10 MS. O'HARA: 11 MR. HALEY: Right. 12 THE COURT: Overruled. 13 MR. HALEY: Yeah, ma'am. 14 It's not Objection. Like I said before, we're -- 15 BY MS. LEVI 16 Q 17 right? 18 A I don't understand pinging. 19 Q Pinging means that when a call is made, it will I'm sorry, the question was, it's not pinging, 20 ping to a cell tower, to let you know where the call is 21 coming from. 22 That's not what -- MS. O'HARA: 23 BY MS. LEVI 24 Q 25 Objection. -- happens, right? THE COURT: Overruled. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 53 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 MR. HALEY: a cell tower. So, it draws the phone to our equipment. 3 BY MS. LEVI 4 Q 5 Like I said, our equipment acts like But you just said, if the person's on the phone, your equipment won't work, right? 6 A Correct. 7 Q So, it doesn't act like a cell tower, because 8 you can find the phone only when they are not on the 9 phone, correct? 10 A Well, I would say it does act like a cell tower, 11 because the only time that you're going to connect -- the 12 only time that you're going to connect to the network, or 13 to a tower is when you go to try to use it. 14 15 16 17 18 19 Q But you're connecting to where the phone is, when they're not on the phone, didn't you just say that A Maybe I'm getting confused, or I'm not understanding what you're asking me. Q My question to you was, for example, I have my phone in my pocket. And I'm sitting in my house, right? 20 A Okay. 21 Q And you want to know where I am, correct? 22 A Okay. 23 Q Yes? 24 A Yes. 25 Q And you're driving through my neighborhood, ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 54 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 right? 2 A Okay. 3 Q Looking for me, correct? 4 A Correct. 5 Q When I am not on my phone, you will drive by my 6 house, and you will get a signal from my phone indicating 7 where I am, right? 8 A Correct. 9 Q If I am using the phone, you won't get that 10 signal, right? 11 A Correct. 12 Q So, the phone cannot be in use. You are 13 searching for my phone as you're driving through my 14 neighborhood, right? 15 A Yes. 16 Q And in order to get to my phone, you are sending 17 an electronic signal into my house, right? 18 A Yes. 19 Q You didn't do the application for the search 20 warrant? 21 A No, ma'am. 22 Q You didn't get a separate search warrant for 23 that activity to go into someone's home, and search for 24 the phone, did you? 25 A I don't know if Detective Spinatto -- I know he ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 55 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 got a Court Order. 2 that actual -- for a while, we were actually getting a 3 Court Order and search warrants. 4 this case, he was getting -- if he got both or not. 5 don't have that in front of me. 6 Ms. O'Hara has it, or if you have it, or not. 7 Q Okay. I don't know if they got the actual -- And I don't know if, in I don't know if So, you conduct a search, and you don't 8 necessarily stop to look to see if you have a search 9 warrant for that? 10 A I Well -- 11 MS. O'HARA: 12 THE COURT: Overruled. 13 MR. HALEY: -- I mean, not all the time was it 14 Objection. required. 15 BY MS. LEVI 16 Q By whom? 17 A By the courts. 18 Q When did you think it started to be required 19 20 21 that you needed a search warrant for that? A Well, it's kind of -- it's kind of changed a few times, ma'am, in the past few years. 22 Q What's your understanding how it's changed? 23 A Well, because first, we were just getting Court 24 Orders, and everything was okay. 25 wanted us to not only get a Court Order, but then we went And then they said they ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 56 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 down to the District Court, and got a search warrant. 2 now it's back to just getting Court Order. 3 Q And So, when you say, you used to go get a search 4 warrant, you got a separate search warrant for the use of 5 the Hailstorm equipment? 6 7 8 9 A A separate search warrant for whatever phone number we were conducting surveillance on. Q Okay. And your understanding now, is you don't need one of those? 10 A Correct. 11 Q The apartment complex where this was used. It's a Court Order now. 12 address is 4900 block -- oh, no. 13 address? The Do you remember the 14 A I believe it's 5032 Clifton Avenue. 15 Q And you went there yourself, and executed the 16 warrant, or just did the Hailstorm operation? 17 A Just did the Hailstorm operation. 18 Q And who was with you? 19 A It was myself, and like I say, Detective 20 Spinatto, from WATF, I'm sure there was [sic] few other 21 detectives from my unit that was [sic] there also. 22 Q You remember, it's like a U-shape -- a series of 23 apartments, each in sort of a U-shape with sidewalks in 24 front of it? 25 A Do you remember that? Sounds about right. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 57 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 Q And there's probably about 30, 35 apartments surrounding that U-shaped sidewalk, right? 3 A Sure. 4 Q And two doors very close to each other, then 5 another set of two doors close to each other. 6 remember that? Do you 7 A I think they're -- yeah, they're close together. 8 Q So, when you say that you get a signal within 20 9 10 feet, that 20 feet could mean one apartment or another apartment, right? 11 A Sure, it could. 12 Q And so, you get the signal, and you send 13 officers in -- you don't know for sure, that you're 14 sending them to the right house, do you? 15 A I'd say we're probably about 99 percent sure. 16 Q How can you be 99 percent sure, if doors are 17 18 only 10 feet apart from each other sometimes? A Well, because we go to the back of the building. 19 We go to the front of the building. 20 our truck, we pull up to the location. 21 on our equipment. 22 And, you know, using And we're relying And if it's - if the handset is right where Your 23 Honor's sitting, then the equipment should be pointing at 24 3:00. 25 that way (indicating). If it's pointing at 2:00, then it's going to be If it's 4:00, it's going to be ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 58 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 this way (indicating). So, we do that -- 2 Q So, let me -- 3 A -- several times -- 4 Q -- let me stop you. I'm going to stop you real 5 quick for the record. 6 pointed towards Madame Clerk, and then His Honor, and then 7 the door. 8 apart? 9 A So, when you did that, you just Each of those, you'd agree, are about 5 feet Yeah, I'm just giving you like, you know, 10 basically -- I'm not saying that's how close it is. 11 just trying to give you a reference. 12 Q Okay. I'm But my question to you earlier was, you 13 said it was about 20-feet precision, and now you're saying 14 it's about 5-feet precision. 15 understand it. 16 A I'm just trying to Well that was also a reference. Also, I was 17 just saying that it's about -- and actually, I didn't say 18 20 feet. 19 20 21 Q I said 20 -- excuse me -- 20 yards. Oh, right, 3 feet to a yard. You're right. So, I'm just curious, how accurate is it? A Well, I mean, I'd say it's pretty accurate. 22 Because this (indicating) is the gentleman that they were 23 looking for. 24 found. 25 Q And that's who they found -- that's who they So, the results prove the -- so, the results ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 59 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 prove, right -- 2 A Correct. 3 Q Did you go -- tell me about how the officers 4 then enter the house, after you give them the signal. 5 A They knock on the door. 6 Q WATF knocks? 7 A Yes, ma'am. 8 Q Does WATF barge in? 9 MS. O'HARA: Objection. 10 THE COURT: Overruled. 11 MR. HALEY: To my knowledge, in this case, no. 12 They knocked on the door. And I guess there was a young 13 lady that answered the door. And they asked if they -- 14 BY MS. LEVI 15 Q Were you there when this -- 16 A I was -- 17 Q -- conversation took place, or were you in the 18 19 20 vehicle? A I was outside -- I was outside. I didn't hear exactly what was being said, no. 21 Q Did you go into the house? 22 A I did. 23 Q How many officers entered the house? 24 A I would say five or six. 25 Q Guns drawn? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 60 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 A No. 2 Q Looking for a felon charged with attempted 3 murder, in a shooting, and officers walked into the house 4 without guns drawn? 5 A No, no guns were drawn. 6 Q They just asked permission to come in? 7 A Correct. 8 Q What did they say? 9 A Like I said, I didn't hear exactly what they 10 said. 11 lady answered the door. 12 gentleman. 13 on the couch. 14 15 16 17 Q I just know that they knocked on the door. Walked in. A young I guess they asked for the When I walked in, he was sitting And what were the officers wearing in your recollection? A Basically like, shorts, t-shirts, vests, and then a black vest over top that says, "Police." 18 Q How many were there, five? 19 A Five or six. 20 Q Do you remember their names? 21 A I know it was myself that entered the location. 22 Detective Spinatto, that's really all that I remember 23 being there. 24 25 Q So, you were essentially part of the Warrant Apprehension Team, right? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 61 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 A No. 2 Q You were there? 3 A I was there. 4 Q You wrote a report? 5 A No, I didn't. 6 Q You didn't document your involvement with 7 I wouldn't consider myself that, no. Stingray? 8 A No. 9 Q You didn't document any of your involvement in 10 the execution of the warrant? 11 A Nope. 12 Q When a warrant's executed, your department 13 requires report writing, correct? 14 A That would be Spinatto's, it's his case -- 15 Q How many times -- 16 A -- we're just assisting -- 17 Q -- do you operate Hailstorm, average in a month? 18 MS. O'HARA: 19 THE COURT: 20 BY MS. LEVI 21 Q 22 Objection. Sustained. Next question. You do this -- every time you use Hailstorm, you don't write a report? 23 A There's [sic] cases that we write reports, yes. 24 Q But if I didn't -- if nobody came asking, it's 25 possible, no one would ever know you used Hailstorm in ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 62 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 this case? 2 A Yeah, I guess if nobody asked, no. 3 Q Who did you tell? 4 A Well, when asked about it, and Ms. O'Hara 5 contacted me. 6 Q When? 7 A When did she contact me? 8 Q Yes. 9 A Maybe a month ago. 10 Q First time anybody asked you if electronic 11 surveillance was used in this case? 12 A Yes. 13 Q Have you since wrote any reports? 14 A For this case? 15 Q Um-hum. 16 A No. 17 MS. LEVI: 18 THE COURT: 19 BY MS. LEVI 20 Q 21 Court's indulgence? (No audible response.) Can you tell me the make and model of the Hailstorm machine that you're using? 22 MS. O'HARA: 23 THE COURT: Objection. Sustained. 24 25 MS. LEVI: Court's indulgence? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 63 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 THE COURT: (No audible response.) 2 MS. LEVI: (Consulting with Client.) 3 BY MS. LEVI 4 Q 5 How many people in this investigation knew you used Hailstorm? 6 MS. O'HARA: 7 THE COURT: No, overruled. 8 MR. HALEY: I mean, everybody that was at the 9 Objection. location that day. 10 BY MS. LEVI 11 Q Those five to six officers, including Spinatto. 12 And can you tell me -- and I might have asked you this 13 before -- but can tell me any of their other names? 14 A 15 there. 16 people from my unit there. 17 could probably research that, and get you the names from 18 my unit for -- 19 20 21 22 Q I just know that Spinatto was there. I was And like I say, I'm sure there was a few other I mean, if you need it, I You'd just look at the records, the time records that day, or would you look at another report -A Correct, like who was working that day, the overtime sheets, that sort of thing. 23 Q Was Detective Converse there? 24 A No. 25 Q Did you see any animals in the house when you ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 64 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 went in? 2 MS. O'HARA: 3 THE COURT: 4 MS. LEVI: 5 THE COURT: 6 MS. O'HARA: 7 Okay. No further questions. All right. THE COURT: I have nothing from Detective All right. Sir, you can step down. Your next witness? 10 11 Sustained. Haley. 8 9 Objection. MS. O'HARA: I assume you want to call Detective Spinatto -- 12 MS. LEVI: 13 MR. HALEY: Thanks, Your Honor. 14 THE COURT: You're welcome, sir. 15 MS. O'HARA: 16 MR. HALEY: 17 MS. O'HARA: 18 Yes, please -- John, would you grab Michael. Yeah, sure. Well, actually, then you're all set. 19 MR. HALEY: 20 MS. O'HARA: 21 MR. ANDREWS: 22 THE COURT: 23 24 25 See you. Okay. Okay. (Consulting with Counsel.) Sir, do you want to come right over here -MS. O'HARA: Detective Spinatto, if you would go ahead and take the witness stand. And then just remain ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 65 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 standing, sir. 2 THE CLERK: 3 4 Raise your right hand, please. MICHAEL SPINATTO (A witness, ordered to be produced by the Court, 5 produced by the State, called by the Defense, was sworn 6 according to law, resumes the witness stand and continues 7 testifying as follows:) 8 MR. SPINATTO: I do. 9 CLERK: You can have a seat. Okay. Once you 10 have a seat and get situated, make sure you speak into the 11 microphone. 12 record. 13 14 State your name and assignment for the MR. SPINATTO: Detective Michael Spinatto, Warrant Apprehension Task Force. 15 THE CLERK: Thank you. 16 THE COURT: Go ahead, Counsel. 17 DIRECT EXAMINATION 18 BY MS. LEVI 19 Q 20 Detective Spinatto, tell me -- well, how long have you worked with the Baltimore City Police Department? 21 A Come July, it will be 14 years. 22 Q And how long have you been with WATF? 23 A Six years. 24 Q And what exactly do you do -- what does WATF do? 25 A WATF serves warrants throughout the city. All ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 66 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 arrest warrants, from anything from murder to traffic 2 warrants. 3 Q Dangerous business? 4 A Yes, ma'am. 5 Q When you go in to execute a warrant for a felon, 6 7 8 what's the procedure? A Well, it starts way back when we first receive the warrant. 9 Q Okay. 10 A We conduct a background investigation into the 11 individual that's wanted on the -- wanted on the warrant. 12 And their family, friends, associates, job, his past 13 criminal history, things of that nature. 14 Q And you memorialize that investigation? 15 A We print out our photos, and some information of 16 the family. 17 don't keep track of that information. But after the individual is captured, we 18 Q You destroy it? 19 A Yes, ma'am. 20 Q And then what? 21 A After he's captured, we transport him to 22 whatever districts who wrote the warrant for him, so he 23 can be interviewed. 24 25 Q Well, let's go back and focus on this case. By this case, I mean, the State versus Kerron Andrews. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 67 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 A Um-hum. 2 Q You remember apprehending Mr. Andrews on -- the 3 date of his arrest, do you remember? 4 A 5 sorry. 6 Q 7 I can't remember the exact date off hand, I'm Were you there to participate in Mr. Andrews' arrest? 8 A Yes. 9 Q Did you write a report on that day? 10 A I wrote a 24-hour report. 11 Q When did you write the 24-hour report? 12 A The date of his arrest. 13 Q You didn't write any other reports? 14 A No, ma'am. 15 Q Who was with you that day? 16 A Myself, members of Warrant Apprehension Task 17 Force, and -- 18 Q Which members? 19 A Sergeant Price, I want to say Detective 20 Hendricks, Detective White, Detective Glanvell (phonet) 21 Detective Williams, and I believe Detective Thompson. 22 23 24 25 Q When you say, I believe, you don't remember for sure? A A hundred percent, no, ma'am. It was over a year ago. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 68 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: 2 THE COURT: 3 BY MS. LEVI 4 Q Court's indulgence, please? (No audible response.) So, you ride along in the car -- well, actually 5 hold on for one second. 6 day. 7 8 9 10 11 12 Tell me about the arrest this How did you come to find out where Mr. Andrews was? A Mr. Andrews was located using our Advance Technical Team, and -Q Okay. And what authority did you have to use the Advanced? A I obtained a DNR, a trap and trace, for a cell -- 13 Q You obtained the DNR? 14 A Yes, ma'am. 15 Q You did the Affidavit? 16 A Yes, ma'am. 17 Q Can you show me in the Affidavit where it says 18 you can use surreptitious technology to locate Mr. Andrews 19 in the Affidavit? 20 A If you can show me a copy of the Affidavit, I 21 would look through it. 22 for specifically in it? 23 24 25 Q What information are you looking I'm looking for the information that shows you're going to do something besides what you asked for. MS. O'HARA: Objection. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 69 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 THE COURT: 2 BY MS. LEVI 3 Q 4 5 Well, I'm not quite -- Do you have -THE COURT: -- sure what that is, why don't you ask a question -- 6 BY MS. LEVI 7 Q -- you don't have a case file with you? 8 A No, ma'am. 9 Q Did you submit the same application for all 10 telephone numbers in this case? 11 application? 12 A It is a template. Did you submit a form But each application is 13 different, because it's not the same circumstances 14 surrounding each individual case of how we obtain the 15 information. 16 17 18 Q But the technology piece is the same in each A Yes. one? 19 MS. LEVI: I'm sorry. This is what happens when 20 you finish a murder trial in one afternoon, and start 21 another hearing on the second, and you've misplaced 22 something. 23 second. So, if I could have Court's indulgence for one 24 THE COURT: 25 MS. LEVI: (No audible response.) I just want to make sure I'm getting ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 70 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 the right application. 2 Counsel.) 3 better. 4 approach? (Consulting with Opposing I'm sorry, Your Honor. My apologies. (Consulting with Opposing Counsel.) 5 THE COURT: 6 MS. LEVI: 7 THE CLERK: 8 BY MS. LEVI 9 Q May I Sure. Thank you, Madame Clerk. Um-hum. I'm going to show you what's marked for 10 identification purposes as Defense Exhibit 14. 11 tell me what that is? 12 13 A I can do Can you This is a copy of the application that I made for the DNR. 14 Q When you say DNR, can you? 15 A I'm sorry. It's an Application for the State of 16 Maryland for an Authorization and Installation and Use of 17 a Device Known as a Pen Registry in a Trap and Trace. 18 (Defense's Exhibit 14 is marked for identification.) 19 BY MS. LEVI 20 Q 21 Pen Registry in Trap and Trace. Registry in a Trap and Trace dates back -- 22 THE COURT: 23 MS. LEVI: 24 25 And Pen Pen register. Pen register -- I think he said registry. MR. SPINATTO: Register, I'm sorry. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 71 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 BY MS. LEVI 2 Q Okay. 3 A Um-hum. 4 Q And those phrases have been around for a long 5 Pen register and trap and trace, right? time, correct? 6 A As far as I know, yes, ma'am. 7 Q Can you tell me what you think pen register and 8 trap and trace means? 9 MS. O'HARA: Objection. 10 THE COURT: 11 MR. SPINATTO: Overruled. Go ahead. To the exact knowledge of it, No, 12 ma'am. 13 knowledge is basically and solely around locating 14 individuals wanted on attempt-murder warrants. I'm not part of the Advance Technical Team. 15 BY MS. LEVI 16 Q 17 18 My So, you fill out the warrant for technical information you're not familiar with? A I fill out the application for it, and then 19 deliver it to our Advance Technical Team, who's trained on 20 this technology. 21 Q Okay -- 22 A Not myself. 23 Q -- I'm going to ask you, painstakingly, to just 24 25 look over that document. A Okay. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 72 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 Q 2 there? 3 A Yes, ma'am. 4 Q What phone companies do you see? 5 A Just by looking at the first page, AT&T, Sprint, And tell me, do you see phone company names on I do. 6 Nextel, Virgin Mobile, T-Mobile, Cellco Partnership DBA 7 Verizon Wireless, Cricket Communications, Inc., and any 8 other telecommunication service provider. 9 10 Q So, that application is telling the Court, you're seeking information from those companies -- 11 12 THE COURT: approach for a second. 13 14 Counsel, do you want to (Turns on white noise.) BENCH CONFERENCE (Bench conference begins - 11:35:26 a.m.) 15 16 Okay. (Counsel approach the bench, where the following ensues:) 17 THE COURT: Okay. So, I've given you a lot of 18 latitude, because of the circumstances surrounding this 19 case. 20 issue. 21 is, there was a DNR in this case, was there a Court Order 22 to -- I'm not quite sure. I'm not quite -- I guess the other question I have 23 MS. O'HARA: 24 THE COURT: 25 I think we're on a discovery provided. Um-hum. -- okay, and I'm sorry, so that was You had that, right? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 73 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: Right. 2 THE COURT: Okay. 3 authorizing them to locate the Defendant -- 4 MS. LEVI: 5 THE COURT: 6 MS. LEVI: Through a trap and trace, through the THE COURT: Well, no. Did you have the Court Order? 11 12 -- well, no, did you have one? phone companies. 9 10 I think that that's -- That's what I don't understand. 7 8 So, you got a Court Order MS. LEVI: I do. But I'm going to get to the Court Order after I get -- I have to -- 13 THE COURT: Well, no. Can I see the Court 14 Order, so I can see what -- because that makes a whole 15 different -- you know, that's a whole different issue for 16 me. 17 I didn't know if there was any authority to get this. So, I was -- and I'm not saying anyone misled 18 me. 19 just, you know, the good ole days, where people used to 20 just get a -- you know do a Stingray, or a Trigger Fish, 21 or whatever they used to call it. 22 there and did this -- 23 MS. O'HARA: 24 THE COURT: 25 But I sort of was under the impression, this was Court Order. And they just went out No, there's a Court Order --- so, you're saying there was a This is under the -- is this under the new ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 74 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 statute? 2 MS. O'HARA: 3 THE COURT: 4 MS. O'HARA: 5 THE COURT: 6 MS. O'HARA: 7 THE COURT: 8 (Counsel briefly return to the trial tables - 9 Okay. (Counsel return to the bench conference 11:37:01 a.m.) 13 MS. LEVI: 14 THE COURT: My copy is -- Your Honor, our point is that -Well, hang on a second, let me just see it first -- 16 MS. LEVI: 17 MS. O'HARA: 19 Yes. -- I mean, I -- MS. O'HARA: 18 -- was signed by Judge Williams --- can I see it -- 12 15 Can I see it -- 11:36:31 a.m.) 10 11 There was a Court Order, and it -- Okay. It's on the back of that first page. THE COURT: Okay. So, you got a DNR. So, you 20 got the DNR Order. 21 no subsequent -- now we do it, there's actually a statute, 22 and there is a Court Order. 23 register -- Okay. 24 MS. O'HARA: 25 MS. LEVI: But there was no -- there was That's the Order for the pen The DNR, right -- Right. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 75 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 THE COURT: 2 MS. LEVI: 3 THE COURT: 4 Okay. There's no Order for the Stingray. Okay. Whatever, but that -- okay. 5 MS. LEVI: 6 THE COURT: All right -- Well, I mean, all right. All right. Whatever means -(Turns off white noise.) All right. 7 Go ahead. 8 there was no additional order other than -- you got an 9 Order for the DNR, or pen register trap and trace, as you 10 I'm just -- I'm not -- okay. call it, right? 11 MR. SPINATTO: 12 THE COURT: 13 There was no -- Yes, Your Honor. Okay. No other orders, or was [sic] there any warrants that were obtained? 14 MR. SPINATTO: 15 THE COURT: 16 BY MS. LEVI 17 Q No, Your Honor. Okay. All right. All right. The only other question I was going to ask is 18 where in the application for the search warrant did you 19 say you wanted to use surreptitious technology to locate 20 the Defendant? 21 THE COURT: 22 MR. SPINATTO: 23 THE COURT: 24 25 Well, I think -Well, this is -- -- the Order speaks for itself, either giving you authority or not giving you authority. MS. LEVI: Well, I think that's an argument that ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 76 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 we would like to make that there's nothing in the 2 application -- it doesn't -- 3 4 THE COURT: I mean, that's fine. But that's not -- that may be a Motion to Suppress -- 5 MS. LEVI: 6 THE COURT: 7 Okay. issue. -- or something. We're on discovery You say, gee, I didn't know about this stuff. 8 MS. LEVI: 9 THE COURT: 10 Okay. MS. LEVI: Thank you, Your Honor. Okay. Your Honor had inquired as to whether 11 there was validity of the Motion to Suppress that we 12 argued, we've been unable to address. 13 to extract some information on that. 14 THE COURT: 15 MS. LEVI: 16 THE COURT: 17 Um-hum. Validity to? Back in -- Well, I'm not really worried about that -- 18 MS. LEVI: 19 THE COURT: 20 MS. LEVI: 21 BY MS. LEVI 22 Q 23 There was what? So, I just wanted -- the initial hearing -- okay. Okay. All right. You didn't do any reports about using Stingray in this case, right? 24 A I didn't use the Stingray. 25 Q I'm sorry, when you say, I didn't use the ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 77 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 Stingray? 2 3 A 6 I don't use any of the equipment to track the cell phone. 4 5 I'm not the Advance Technical Team. Q Were you present -- who did you give that Order A I faxed it down to our Advance Technical Team. to? 7 And Detective Haley contacted me, and said he would be 8 working on it. 9 10 Q And you believe that that Order authorized them to use -- 11 A Once it was signed by the judge -- 12 Q -- surreptitious -- 13 A -- I believed it was enough to do whatever they 14 15 16 do technically to locate the cellular device. Q Okay. Detective Spinatto, did you drive around in the car with them that day? 17 A No. 18 Q Did you follow them? 19 A We set up in the area of where they believed the 20 cell phone was first hitting at. 21 waiting for them to locate it, and narrow it down to a 22 location, after which time, they narrowed it down to the 23 5000 block of Clifton Avenue. So, as we stood by, 24 Q Okay. 25 A At which time, myself and my team responded up ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 78 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 there with ATT. 2 Q Okay. 3 A They get out with their hand-held devices, and 4 And then what happened? narrowed it down to the location of 5032 Clifton Avenue. 5 Q How do they do that? 6 A I'm not part of the Advance Technical Team. 7 8 9 10 You would have to ask them. Q How sure were you that you were at the right location then? A You would have to ask them that. I'm not part 11 of the Advance Technical Team. 12 determine whether or not that location is the correct one 13 or not. 14 15 Q I can't tell you how they So, now you're going into arrest somebody charged with attempted murder through a shooting, right? 16 A Yes. 17 Q And you entered the door on a no-knock? 18 A No. 19 Q Tell me what happened. 20 A They said the device is in 5032 Clifton Avenue. 21 At which time, I knocked on the door. 22 minutes, a female responded to the door, and opened the 23 door. After several 24 Q And then what happened? 25 A I introduced myself to her, and told her what I ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 79 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 3 was there for. Q You said, my name is Detective Spinatto. I'm here to arrest somebody who I believe is in this house? 4 A I can't tell you verbatim what was said. 5 Q Okay. 6 A But along the lines of, my name is Detective 7 Spinatto. I'm with the Baltimore Police Department. 8 Q And then what? 9 A We're looking for an individual wanted for an 10 attempt-murder warrant. 11 Q Okay. 12 A I said, we need to come in and take a look 13 And then what happened? around. 14 Q And you ordered her to let you into the house? 15 A No, I didn't, there was no order given. 16 Q We need to come in and take a look around, is 17 18 19 exactly what you said? A Well, I didn't take that as an order. I take that as asking permission. 20 Q Okay. And then what happened? 21 A After we spoke some -- I believe we spoke for 22 seven more minutes about who we were looking for, and who 23 all was in the home, she then granted us access to the 24 home to locate Kerron Andrews. 25 Q When you say, granted access, what does that ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 80 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 3 mean to you? A She opened the front door, and said, yes, you can come in and look. 4 Q I thought the front door was already opened? 5 A Well, I'm sorry. She moved out of the doorway, 6 at which time, she let us into her home to look for the 7 individual, Kerron Andrews, wanted for attempted murder. 8 Q And at what time did you draw your weapons? 9 A I never had to draw my weapon. 10 Q What did you see when you got into the house? 11 A When I first stepped into the house, I believe 12 through the front door -- 13 Q When you say, I believe? 14 A -- when I first stepped into the house -- I'm 15 sorry -- it is the kitchen of the house. 16 kitchen -- Through the 17 Q So, you went in the front door or the back door? 18 A Through the front door. 19 Q So, the front door opens up into a kitchen? 20 A Yes, ma'am. 21 Q And who was going in with you at the time? 22 A Members of my squad, and members -- 23 Q Which ones? 24 A -- of ATT. 25 was over a year ago. I can't tell you exactly who. That We do hundreds of warrants a year. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 81 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 3 4 Q Okay. Well, if you can't tell me exactly who, did you write a report that day? A As I told you just earlier, that I wrote a 24-hour report. 5 Q And you never wrote any notes that day? 6 A Just that, who was there that participated in 7 8 9 his arrest, and where he was arrested at. Q Besides the 24-hour report, you wrote that someplace else? 10 A No. 11 Q You're familiar -- 12 MS. LEVI: 13 THE COURT: 14 MS. LEVI: 15 THE COURT: 16 MS. LEVI: 17 BY MS. LEVI 19 Q 21 22 (No audible response.) May I approach, Your Honor? Sure. I'm going to try to make this very brief. 18 20 Court's indulgence? I'm going to show you what's been marked as Defense Exhibit 15. A Do you know what that is? It appears to be a copy of our General Order, J-7, referencing search and seizure warrants. 23 (Defense's Exhibit 15 is marked for identification.) 24 BY MS. LEVI 25 Q Would you agree that an arrest warrant would ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 82 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 come under a search and seizure warrant? 2 A No, I would not. 3 Q Okay. 4 5 6 7 8 Can you tell me what regulation covers executing arrest warrants? A I'm not sure of the exact General Order for the arrest warrants. Q Can you tell me what order requires you to write a report when you execute any warrant? 9 A When I execute any warrant? 10 Q Um-hum. 11 A Well, this General Order is for search and 12 seizure warrants, which we did not execute a search and 13 seizure warrant. 14 Q Okay. 15 A And at the time, I detained Mr. Andrews, when I 16 located him inside of 5032 Clifton Avenue, and he was 17 transported. 18 district. 19 Q He was arrested by the detectives at the Semantics, but arrest is a seizure, right? 20 MS. O'HARA: 21 THE COURT: 22 BY MS. LEVI 23 Q Objection. (No audible response.) Can you look through that document for me, and 24 show me where it talks about the importance of writing 25 reports for executing a search and seizure warrant. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 83 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 A I can look through it. search and seizure warrant -- 3 Q 4 BY THE COURT 5 Q 6 But we didn't execute a I'm just asking that question -- Well, the bottom line is, did you write a report? 7 A I wrote my 24-hour report just referencing -- 8 Q Did you write any other reports? 9 A No, Your Honor. 10 Q Okay. 11 BY MS. LEVI 12 Q 13 Did you do a diagram of where everybody was found when you went into the house? 14 A No. 15 Q You reported that you found Mr. Andrews near a 16 weapon -- 17 A No, I did not. 18 Q -- to anybody? Was there any reports written 19 that day from the execution of the search warrant that 20 you're aware of? 21 A 22 speak to -- 23 24 25 Not that I'm aware of. THE COURT: But you would have to Okay, was there -- there wasn't a -- was there a search warrant? MS. LEVI: After then went into the house, and ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 84 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 arrested him, then they went back and got a search and 2 seizure warrant. 3 THE COURT: 4 BY MS. LEVI 5 Q 6 Okay. But your original apprehension -- you originally apprehended him? 7 A Yes -- 8 Q You, physically, yourself? 9 A Yes. 10 Q And you found him, where? 11 A In the living room of the home. 12 Q Where specifically in the living room? 13 A Seated on the couch, to the right. 14 Q How do you know that? 15 A Because I'm the one who arrested him. 16 Q And where did you memorialize where you found A I didn't memorialize anywhere. 17 18 him? I contacted 19 Detective Converse, and told him we located [sic] inside 20 5032 Clifton Avenue. 21 Q Okay. 22 A I believe there was [sic] numerous other 23 24 25 individuals. Q And who else did you see in the home? But I did not document who they were. And what kind of animals did you see in the home? ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 85 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. O'HARA: 2 THE COURT: Objection. What's the relevance of that? 3 mean, certainly for this hearing? 4 objection. Go ahead. 5 BY MS. LEVI 6 Q 7 Okay. I I'll sustain the Next question. You knew they used the electronic surveillance in this case, right? 8 A Yes. 9 Q And you gave that information to the State's 10 Attorney? 11 A The copy of the DNR? 12 Q That you also used the surreptitious equipment? 13 MS. O'HARA: 14 THE COURT: 15 Objection. No. Did you give any of that information to the State's Attorney? 16 MR. SPINATTO: The only thing I turned over to 17 the State's Attorney's Office is a copy of my 24-hour 18 report. 19 copy of my DNR. 20 Prior to meeting with her, she had already had a THE COURT: 21 BY MS. LEVI 22 Q Okay. Next question. When did she ask you whether you used Stingray 23 -- I'm sorry, I keep saying Stingray, I have to remember 24 Hailstorm. 25 was used in this case? When did she ask you about whether Hailstorm ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 86 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 A I never used Hailstorm. I'm not part of the Advance Technical Team. 3 Q Okay. But you were aware that it was used? 4 A I'm not sure what the equipment is that they 5 used on -- I'm not trained on the equipment, that I keep 6 telling you about. 7 Q Okay. My job is to locate Kerron Andrews. My question is, you were aware that some 8 equipment was used, because they're the ones who told you 9 to go into the house, right? 10 A Yes. 11 Q You did not relay any of that information about 12 the surreptitious equipment to the State's Attorney, did 13 you? 14 A No. 15 Q Yes or no -- 16 A No. 17 18 But -- I didn't relay any of that to the State's Attorney's Office. Q Okay. 19 MS. LEVI: 20 THE COURT: 21 MS. O'HARA: 22 All right. Very briefly. CROSS-EXAMINATION 23 BY MS. O'HARA 24 Q 25 No more questions. Detective Spinatto, so that we can establish a very clear time line, the legal authority you had to ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 87 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 locate -- or the police -- that Baltimore City Police 2 Department had to locate the handset (443) 208-2776, 3 identified to Kerron Andrews, was the DNR, correct? 4 A Yes, ma'am. 5 Q And that was signed by Judge Williams on May 6 5th, prior to locating the cell phone, correct? 7 A Yes. 8 Q And then, once you arrived to Clifton Avenue 9 10 with the ATT Unit, you knocked on the door, spoke with a woman who answered the door, correct? 11 A Yes. 12 Q And that woman at that time, gave you consent to 13 come into the house -- 14 MS. LEVI: Objection. 15 BY MS. O'HARA 16 Q -- correct? 17 A Yes. 18 THE COURT: 19 BY MS. O'HARA 20 Q 21 Overruled. And meanwhile, you had an arrest warrant in hand for Kerron Andrews, correct? 22 A Yes. 23 Q That arrest warrant had been signed and executed 24 25 before May 5th, 2014, correct? A Yes. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 88 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: Your Honor, I'm going to object to 2 leading questions. The Motion to Suppress, we haven't 3 been able to file. So, the leading questions I think are 4 inappropriate at this point. 5 haven't been able to file the 4-252 motion. Because the point is that we 6 And I don't want the detective being suggested 7 any answers in advance of that proceeding we're entitled 8 to under the rules, and have been not able to proceed on. 9 THE COURT: Okay. Well, I think it's within the 10 scope of your questions. 11 I mean, if you didn't want to go there, you didn't have to 12 go there. 13 MS. LEVI: 14 THE COURT: 15 Overruled. So I'm going to allow them in. Okay. You decided to go there. Okay. Go ahead. 16 BY MS. O'HARA 17 Q So, the legal authority you had to arrest the 18 Defendant, Kerron Andrews, was the arrest warrant, 19 correct? 20 A Yes. 21 Q And you, in fact, yourself arrested Kerron 22 Andrews -- or at least detained him, as soon as you saw 23 him in 5032 Clifton Avenue? 24 A Yes. 25 Q Okay. When you saw him sitting on the couch, ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 89 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 did you put your hands on Kerron Andrews? 2 A Yes. 3 Q Okay. 4 A Yes. 5 Q And at that time did you search him? 6 A Yes. 7 Q Incident to your detention of Mr. Andrews, did 8 And did you detain him using handcuffs? you find the phone? 9 A Yes. 10 Q Where did you find the phone? 11 A In one of his pockets. I'm not sure which pocket 12 13 14 I located it from. Q Do you know if it was a pants pocket, jacket pocket, or outer garment? 15 A Pants pocket. 16 Q A pants pocket. 17 And at that time, did you take the phone out of his pocket? 18 A Yes. 19 Q What, if anything, did you do withe the phone? 20 A I turned it over -- anything that he had on his 21 person, at the time of his detention -- I turned it over 22 to the detectives at the Southwest District. 23 24 25 Q Okay. And is that when you got back to the Southwest District? A Yes. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 90 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 3 Q Okay. And then were you responsible for any further searches at all that day? A 4 No. MS. O'HARA: 5 Detective Spinatto. 6 MS. LEVI: 7 THE COURT: 8 I have nothing further from I don't have any more questions. All right. Sir, you can step down. Your next witness. 9 MS. LEVI: I think we're done. 10 THE COURT: 11 MS. O'HARA: Okay. Your Honor, the State has no case 12 -- no rebuttal case, I should say -- well, no State's 13 case. 14 THE COURT: All right. All right. 15 we're on -- here in a Request for Sanctions. 16 -- all right. 17 18 I think Let me just Go ahead, Ms. Levi. DEFENSE'S REQUEST TO POSTPONE BRIEFING MS. LEVI: Well, Your Honor, I would just ask 19 for an opportunity to brief. 20 last three days. 21 up until the wee hours of the morning on a Motion to 22 Dismiss for the mistrial. 23 I have been in trial for the I haven't had time to -- I mean, I was I think it would be to Mr. Andrews' benefit, if 24 I took a few minutes to review all the notes. 25 concluded that murder trial yesterday afternoon, and filed Having just ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 91 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 some supplemental briefing. 2 THE COURT: 3 MS. LEVI: 4 MS. O'HARA: 5 THE COURT: July, what, I'm sorry? 6 MS. O'HARA: July 2nd, Your Honor. 7 THE COURT: 8 MS. LEVI: 9 10 11 When is the trial date for this? July -July 2nd. Well -If I can have until Friday, even. What is today, Thursday? COURT'S SUGGESTION RE DEFENSE'S REQUEST TO POSTPONE THE COURT: -- well, why don't you just -- 12 Counsel, I have a meeting at two, why don't you come back 13 at three and tell me where we are. 14 MS. O'HARA: 15 appointment at 2:30. 16 cancel it. THE COURT: 18 MS. O'HARA: 20 21 If I could just -- you know, I'll Never mind. 17 19 Your Honor, I have a doctor's That's fine -- Well, no. I don't -- No, no, no, that's fine. I would rather get the -THE COURT: -- I would just assume try -- this thing is becoming a bit chopped up as it is. I mean -- 22 MS. O'HARA: I can cancel it, it's fine -- 23 THE COURT: -- well, I just want to find out 24 what -- maybe, so I understand it, before we leave here, 25 based on what -- well, let me just ask you. Let's stay ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 92 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 away a sense from the law -- what are you saying -- what 2 are you making clear to me what you didn't get -- I'm 3 sorry what you didn't receive that you should have 4 received. 5 that? Why don't we, at least maybe, can I get to 6 MS. LEVI: 7 THE COURT: 8 9 10 MS. LEVI: All right. So, number one is the photo array of Ajabar Holloway that was conducted May of 2014. THE COURT: 12 MS. LEVI: 14 I think that's fine -- DEFENSE'S DISCUSSION ON ITEMS IN DISCOVERY NOT RECEIVED 11 13 Okay. Okay. Number two is the photo array conducted with Rihanna Allen in January of 2015. THE COURT: Can I just -- so, I understand, 15 (inaudible) all right. 16 Allen -- it's Mr. Holloway or Miss -- Mr. [sic] Allen -- 17 MS. O'HARA: 18 THE COURT: 19 Correct. -- did either of them -- have they ever identified the Defendant as the shooter, or -- 20 MS. O'HARA: 21 THE COURT: 22 MS. LEVI: 23 THE COURT: 24 MS. LEVI: 25 Did either Mr. Holloway or Ms. No. -- the person involved -- No. Okay. All right. Okay. I think -- Mr. Holloway made no identification, but looked at the pictures. And Ms. Allen made a negative ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 93 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 -- you know, said she did not see the shooter in there. THE COURT: Okay. And there also were the Lotus 3 Notes, that there was money that was found in the closet. 4 And then there was a witness, Ms. Brittany Griffin, who 5 claimed the money was hers? 6 MS. O'HARA: 7 THE COURT: 8 MS. LEVI: 9 10 Correct. And when did you receive that? Well, technically, I got it on Friday before the last hearing. But the disc was corrupt, so I got it on Monday. 11 THE COURT: 12 MS. LEVI: Okay. The date of the last hearing we had 13 was May -- I'm sorry, I don't have my calendar open. 14 date of the last hearing was three weeks ago, roughly. The 15 MS. O'HARA: 16 MS. LEVI: 17 THE COURT: May 21st, that's what I have here. 18 MS. LEVI: And that's when I also got the photo Two weeks ago. Two weeks ago. 19 array from Ajabar Holloway. 20 I'm wrong on any of these dates. 21 for Ms. Allen came a few days prior to that via e-mail, I 22 think May -- Ms. O'Hara can correct me if 23 MS. O'HARA: 24 MS. LEVI: -- 11th. 25 THE COURT: Okay. And then the photo array Eleventh. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 94 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: 2 THE COURT: 3 MS. LEVI: 4 THE COURT: 5 MS. O'HARA: 2015. All right. What else then? Um -The information -Your Honor, just my records 6 indicate May 15th was the date that Ms. Levi was searching 7 for. 8 MS. LEVI: 9 MS. O'HARA: For the -- 10 MS. LEVI: 11 MS. O'HARA: For the other documents -- -- the originals? Okay. So, May 11th was Ms. Rihanna 12 Allen's photo array that you received via e-mail. 13 in Part 46 May 12th. 14 items was [sic] last -- the amount of items were 15 discussed. We were And then May 15th was when the other 16 MS. LEVI: Right. 17 THE COURT: Okay. 18 MS. LEVI: And that was the first one that the 19 disc was corrupt. 20 open it the next -- the following Monday. 21 did make a good-faith effort to get it to me on Friday. 22 And I couldn't open it over the weekend -- So then technically, I was only able to 23 THE COURT: 24 MS. LEVI: 25 But the State Okay. -- and got it on Monday. And then the next information was the information, that ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 95 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 surreptitious electronic surveillance equipment was used. 2 When we got the search and seizure warrants in this case, 3 and information in the reports that Mr. Andrews was 4 located, we immediately suspected that there was 5 surreptitious information used. 6 THE COURT: 7 MS. O'HARA: 8 MS. LEVI: 9 10 11 12 13 I asked, you know -- So, when was that? May 15th. When was that provided, or when did I inquire as to it? THE COURT: Well when did you suspect that they had -- that they had used this device? MS. LEVI: From the jump. From the time that I got the discovery in the beginning. 14 THE COURT: 15 MS. LEVI: Okay. So, I inquired orally in casual 16 conversations. 17 November 3rd, 2014 in a pleading, asking -- And then, did a formal discovery request 18 THE COURT: 19 MS. LEVI: Okay. -- for all information related to the 20 surreptitious technology, all information of any kind 21 related to how he was located at that address. 22 reports, documents, information. 23 discovery request that we went through at the last 24 proceeding. 25 THE COURT: Any That's the formal Okay. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 96 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: I received that information, an 2 acknowledgment that there was Stingray or surreptitious 3 equipment used -- that Hailstorm equipment was used, in an 4 e-mail dated May 7th -- I think I've entered that into the 5 record at the last proceeding. 6 indicated in an e-mail as we were discussing last-minute 7 discovery issues and scheduling, "oh, yes, in fact this 8 was a Stingray case." 9 10 THE COURT: MS. LEVI: Ms. Andrews [sic] Okay. And then we were sent to trial -- 11 that was on, I think Friday, and we were scheduled for 12 trial that following Monday or Tuesday. 13 acknowledgment at that time, in the interim what I got, in 14 response to my formal request in November -- although, as 15 the Court's aware, there's no requirement in the rules 16 that I request the electronic surveillance information, 17 but we did anyway, in an abundance of caution -- I got a 18 pleading back from the State in January of 2015 saying, 19 the State had no information as to that. 20 got it, they would give it to me. 21 THE COURT: 22 MS. LEVI: Okay. Other than her And when they What else? Then the only other response I got 23 was that May 7th, and then that started the flurry of 24 these hearings, where we've been extracting the 25 information, as it's trickled in -- or, I think we're done ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 97 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 extracting any information they'll give us on that. 2 THE COURT: 3 MS. LEVI: 4 5 Okay. What else then? To the best of my recollection, that's it. THE COURT: Okay. All right. So, when do you 6 want to argue this? 7 MS. LEVI: 8 it at this point, Your Honor. 9 the Court's going to say, there's no prejudice because we 10 11 I mean, I don't -I mean, I guess I can go ahead and do I mean, my sense is that haven't -THE COURT: Well, it isn't so much that. I 12 mean, tell me -- listen, I think I'm pretty confident in 13 finding that they, you know, this detective, I find he 14 intentionally withheld it. 15 this guy, this detective's been on the force for 12 years, 16 an experienced detective. 17 it in his desk. 18 And I find that he intentionally withheld it. 19 I mean, I don't think it's -- I don't know why he's putting There's absolutely no reason to do that. Do you think -- but, you still got to tell me -- 20 and I'm looking -- all right, for the record, I think the 21 most recent case, Correll v. State, 215 Md. -- or one of 22 the most recent -- 215 Md. App. 483. 23 And it references, Thomas v. State, which sort 24 of sets out, there's like a four-prong factors that I 25 should consider regarding sanctions for discovery: the ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 98 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 reasons why the disclosure was not made; the existence and 2 amount of any prejudice to the opposing party; the 3 feasability of curing any prejudice with a continuance; 4 and any other relevant circumstances. 5 So, it seems to me that I would go -- along with 6 the Lotus Notes, I don't have no [sic] idea why he 7 wouldn't have produced those. 8 experienced detective like that. 9 the question is now, you have them. 10 It makes no sense. An And I think that -- so, And so, what prejudice -- and then the -- as far 11 as the Stingray, it's there. 12 you're going to proceed with a Motion to Suppress, you 13 clearly have the information that you need. 14 could just proffer to me what you think your prejudice is. 15 It seems to me that if So, if you Now, I think -- I mean, I sort of get, and I 16 understand. 17 you know, somewhere along the line this has to stop. 18 just not quite sure that's really one of the necessary 19 factors in here that -- it doesn't really list deterrence. 20 But, you know, as a general proposition, you know, it 21 might be helpful. 22 And I'm sympathetic to your argument that, And I get the outrage. I'm And I think but for your 23 diligence, this stuff may not have been uncovered. 24 am at a loss, and you can -- that's what I really need for 25 you to address is, what prejudice there is to your client. I just ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 99 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 2 3 4 5 6 MS. LEVI: Well, let me be clear, first, that I think we have a speedy trial issue. THE COURT: Okay. for me, is another issue. MS. LEVI: Okay. So I think -- Well, that's another -- that I'm not ruling on that. Well, that's the prejudice is, is it's violated his right to a speedy trial. 7 THE COURT: 8 MS. LEVI: 9 THE COURT: Okay. Okay. As, Your Honor indicated -So, now I have -- well, there is 10 already a -- didn't I grant the postponement? 11 granted the postponement? 12 13 MS. O'HARA: THE COURT: 15 MS. LEVI: 17 18 Judge Phinn granted the postponement. 14 16 Or who Okay. But we objected to the postponement -THE COURT: But it was ostensibly -- it was because of the discovery issue, correct? 19 MS. O'HARA: 20 MS. LEVI: No. That and because one of the State's 21 witnesses suffered a seizure the day before trial. 22 Judge Phinn said on the record, but for the seizure, I 23 would not have granted this request for a continuance. 24 25 THE COURT: Okay. -- now it's been delayed. And But nonetheless, now we have It will be delayed. It will be ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 100 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 delayed until July 2nd or 3rd, whatever it is. 2 MS. LEVI: Okay. So, number one, I think that that's 3 the primary prejudice for us, is the speedy-trial 4 violation of his right to a speedy trial, and his 5 statutory state right to speedy trial under Hicks. 6 constitutional and his state right. 7 His Number two, I want to be clear with Your Honor 8 that we're not just asserting that this was a violation of 9 4-263. That this was a violation of the constitutional 10 discovery rules. 11 as a factor, certainly we would analogize to the fruit-of- 12 the-poisonous-tree doctrine under the Fourth Amendment, 13 search and seizure law. 14 And while 4-263 doesn't list deterrence And this is similar to -- this is a violation of 15 Brady. 16 a violation of Arizona v. Youngblood. 17 of the discovery rules -- and Giglio -- memorialized the 18 constitutional obligation of the State. 19 protect and prevent hide and seek and trial by surprise. 20 This is a violation of Kyles v. Whitely. This is And the importance And they are to And we don't have faith in the system. And the 21 State can't have faith in the system when the Defense 22 Attorney has to play hide and seek -- or they're playing 23 hide and seek, and we have to search for the evidence. 24 25 THE COURT: Well, let me ask you this. Honestly, if you look at it, first off, as to Brady. I ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 101 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 mean, I would say it's Brady. 2 materiality. 3 have a much better perspective on this, if you're going to 4 have Mr. Holloway or Ms. Allen on the stand. 5 to go, and they showed you a photo array, and you couldn't 6 pick anybody out? I mean, let's face it. You tell me, and you You're going Yes. 7 MS. LEVI: 8 THE COURT: 9 materiality of that? 10 And the question is the MS. LEVI: The fear -What is the -- what is the Well, that supposes that she wouldn't 11 -- that supposes what would happen at trial. 12 fear is -- the harm is, we could have gone to trial 13 without a negative photo array -- 14 THE COURT: 15 MS. LEVI: Right. -- she could of [sic] come on the 16 stand. 17 accuracy, that's him. 18 Defense table, right. And she said, I will tell you with 100 percent 19 THE COURT: 20 MS. LEVI: Because now she sees him sitting at Right. And so, that's the ultimate 21 suggestibility. 22 suggestibility that he's here, right. 23 mean, this -- so, we have -- 24 25 I mean, the And we have no way -- that's the ultimate THE COURT: Okay. This is the one. I But you have that information. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 102 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: 2 THE COURT: 3 MS. LEVI: We have it now. Right. But the fact that the harm is so 4 great, because we could have had a situation -- but for 5 the diligence, right of the Defense team seeking the 6 information, and but for the honesty of the State's 7 witness -- we could have had somebody going for a life 8 without -- 9 THE COURT: What's the difference? You would 10 have gone -- you'd go, well you've never, up until this 11 day, you've never identified this person, never. 12 spoken to the police officer. 13 more -- and in fact, they showed you a photo array, and 14 you couldn't pick him out there. 15 MS. LEVI: 16 THE COURT: You've So, you're going to ask one I wouldn't have known that -But the fact of the matter is, it's 17 absolutely clear that she has never identified, nor has 18 Mr. Holloway ever identified him before that date. 19 came into trial, and all of a sudden, oh, yeah, that's 20 him. 21 MS. LEVI: If he Your Honor, as Your Honor is fully 22 aware, eyewitness identification is the leading cause of 23 wrongful convictions. 24 25 THE COURT: But you have no eyewitness identification. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 103 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: 2 THE COURT: 3 MS. LEVI: I have no identification now -Right. -- but I risk going to trial, where 4 she -- Your Honor supposes that there's one of two things 5 she could have said, right. 6 tell you, I can say with 100 percent certainty, I have no 7 idea what she could have said. 8 tell you with 100 percent certainty -- 9 THE COURT: And as a trial lawyer, I can She could have said, I can No, no, no. I'm just saying -- I'm 10 assuming -- let's assume your scenario. 11 goes, that's him. She comes up and I'm 100 percent sure. 12 MS. LEVI: 13 THE COURT: Um-hum. And you, on cross-examination, are 14 going to say, up until this moment, you have never ever 15 identified him. 16 identified anyone. 17 question to go. 18 the police, you couldn't pick him out then either. 19 got to say or he has to say yes -- As a matter of fact, you've never And so you have one additional And when they showed you a photo array to 20 MS. LEVI: 21 THE COURT: 22 23 She's And she could --- what is the great cumulative effect of that? MS. LEVI: -- and she could have said, I told 24 the police that it was him. I told the police exactly -- 25 she could have lied, right. Because that's why we have ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 104 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 impeachment that qualifies as Brady material. 2 come up with any number of responses to say, I already 3 identified him. I gave the police -- and they didn't 4 memorialize it. And then the jury's left to consider. 5 She could But it's compelling to the jury, because she's 6 the victim and she's injured, and she's sitting there. 7 She could have said any number of things. 8 opportunity to impeach her with the photo array, but for 9 her honest disclosure. 10 11 THE COURT: And I lack the But you have it now, so that's the problem -- 12 MS. LEVI: I have it now. And, Your Honor, 13 that's true. 14 deeply connected to the fundamental right to a fair trial. 15 If we let this go with no sanction, violating his speedy 16 trial, under the Constitution, not just -- and I want to 17 direct Your Honor's attention, because, you know, sort of, 18 I guess like, I don't know -- somebody who loved -- 19 20 But the constitutional requirement is so THE COURT: So, you want to deter. You want me to -- you want me to sanction them as a deterrent. 21 MS. LEVI: Under the Constitution, and under the 22 cases, Brady -- you know, Brady, Kyles v. Whitely, 23 arguably yes. 24 reversed. 25 State can say -- where the Court can say, look that was Those cases come after a conviction is And we are in the unique circumstance where the ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 105 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 his trial date. 2 And but for the luck that we came upon the 3 information about the photo array one business day before 4 trial, we could have proceeded to trial last week. 5 for the fact that she'd had a seizure, we would have gone 6 forward on this case without any of this evidence. 7 THE COURT: 8 MS. LEVI: 9 Or but Okay. Right. So, we're in the unique position to prevent this kind of harm going forward, to sound out a 10 message from the shot tower, to say, this isn't okay. 11 This isn't acceptable. 12 accountability. 13 can be prosecuted at this point, as could -- 14 15 I mean, in other jurisdictions, officers THE COURT: doing that. 16 And there's got to be some Well, the State has the option of I mean, I -- MS. LEVI: And the Court does, as well, to say 17 that under the Constitution, we think the violation so 18 severe and willful, that there's going to be an imposition 19 and a sanction in the criminal case, because it's -- 20 21 22 23 24 25 THE COURT: Okay. What is the sanction that you want? MS. LEVI: Well, the ultimates sanction we want is a dismissal -THE COURT: All right. I think I asked you when we started this hearing a long time ago that, do you have ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 106 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 actually even a case, or -- do you have a Maryland case, 2 in which they -- wherever the inappropriate disclosure led 3 to a -- upheld a dismissal -- you know, there was a 4 dismissal and it was upheld? 5 6 MS. LEVI: But that doesn't mean that it -- 7 THE COURT: 8 MS. LEVI: 9 I do not. Okay. All right. So, what -- -- that doesn't mean that it's now allowed for in the rules. And it doesn't mean that this 10 couldn't be the first time that we put the brakes on this 11 type of behavior prior to trial, right. 12 out about this kind of thing later, after conviction. 13 we are lucky to have found out about it ahead of time. 14 THE COURT: Right. So, we often find But it's good and it's bad 15 -- right, but you did. 16 it a much harder argument to claim prejudice here. 17 MS. LEVI: 18 THE COURT: 19 MS. LEVI: 20 And So that unfortunately, that makes So -- So, then the next piece of -Okay. -- the next sanction, if Your Honor's -- 21 THE COURT: 22 MS. LEVI: Sure. -- unwilling under the Constitution 23 and his fundamental right to a fair trial, his right to 24 due process. 25 this case, we've lost the ability to trust the integrity We think the due process violation -- in ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 107 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 of this investigation, overall. 2 should be concerning for the Court, on whether or not he 3 could be entitled to due process in this investigation in 4 any way or in this case. 5 And so, I think that And that that would warrant also a dismissal, in 6 addition to the discovery rule. 7 grant the Motion to Dismiss, I would ask that the 8 detective be prohibited from testifying in this case. 9 would ask that -- 10 THE COURT: 11 MS. LEVI: Okay. Your Honor's unwilling to I You're talking about -- -- the jury be instructed that the 12 detective intentionally withheld evidence in this case. 13 think it's fair to say to the jury, the detective 14 intentionally withheld exculpatory evidence in this case. 15 I I think that -- Your Honor asked about 16 materiality, the fact that these officers executed this 17 search warrant based on the surreptitious electronic 18 surveillance that was required to be disclosed, and then 19 find the most compelling and inculpating piece of evidence 20 in this case, in addition to one other photo array, is the 21 fact that he was allegedly located on or near the gun that 22 was used in the crime. 23 And that information came via the surreptitious 24 surveillance that we were required to be informed about. 25 We didn't find out about that until May 7th. Any ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 108 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 information obtained as a result of that warrantless 2 intrusion into the home under Kyllo, K-y-l-l-o, the United 3 States Supreme Court case -- I think prevails or covers 4 this situation -- that evidence ought to be excluded. 5 The evidence of the phone and the evidence of 6 the gun ought to be excluded, because we were denied our 7 opportunity to timely file the Motion to Suppress. 8 an egregious -- 9 10 THE COURT: It's Well, I'll let you file the Motion to Suppress -- 11 MS. LEVI: 12 THE COURT: 13 MS. LEVI: -- it's an --- I think that's --- it's an egregious violation. I 14 mean, Your Honor, if we don't impose a sanction, the 15 discovery rules say -- we're memorializing the 16 Constitutional obligation -- the discovery rules say, you 17 have a 30-day obligation from initial appearance for the 18 State to disclose this information. 19 There is nothing in there or in any case in the 20 state of Maryland that says these rules are optional. 21 fact, the cases are to the contrary. 22 brief. 23 surprise. 24 no exception to these rules. 25 This is mandatory. In And I put them in my This is to prevent trial by This is to promote due process. And there is And so what -- if there is a willful violation ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 109 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 of the Constitution and the discovery rules -- what in the 2 rule allows the Court to excuse that and allow the 3 discovery to come in? 4 THE COURT: Yes. I'm just again looking at -- 5 I'm at the first page of this, Court of Special Appeals, 6 2011. 7 middle of it for discovery violation. 8 9 10 11 This was, there was a mistrial declared in the "And declaration of mistrial however, is an extraordinary act, which should only be granted if necessary to serve the ends of justice. The most accepted view of discovery 12 sanctions, is that in fashioning a sanction, the 13 Court should impose the least severe sanction 14 that is consistent with the purpose of the 15 discovery rules. 16 discovery rules is to give a defendant the 17 necessary time to prepare a full and adequate 18 defense. We have said the purpose of 19 And the Court of Appeals has warned that if 20 a defendant declines a limited remedy that would 21 serve the purpose of discovery rule, instead, 22 seeks the greater windfall of an excessive 23 sanction, the double-or-nothing gamble almost 24 always yields nothing." 25 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 110 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 MS. LEVI: Your Honor, I think that the fact 2 that in the violations here were willful, takes us into a 3 whole separate category of constitutional law. 4 what I would like the opportunity to brief. 5 didn't have the willful violation of discovery in my 6 original brief. 7 And that's Because I And that's a separate analysis that I'd like the 8 opportunity to provide some supplemental briefing, even 9 this afternoon, or even before the day's end. I think it 10 takes us out of a benign or inadvertent discovery 11 violation. 12 nother [sic] ball of wax, can of worms. 13 14 When it's willful, I think we're in a whole THE COURT: Okay. All right. Well, if you can come back at three, I will hear from you. 15 MS. LEVI: 16 Ms. O'Hara doesn't have to -- All right. If there's any other time that 17 MS. O'HARA: 18 THE COURT: It's fine -Well, if you don't have to read -- I 19 mean, I can -- the problem is I have my collateral docket. 20 Are you going to be here some time tomorrow? 21 that's kind of a -- kind of a hectic day. 22 I don't think there's -- Ms. O'Hara, I don't think there's 23 any great necessity to have to decide it this afternoon -- 24 MS. O'HARA: 25 THE COURT: No. I mean, But, you know, That's fine. -- but I need to decide it very ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 111 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 soon, so we can sort of get this thing over with. 2 3 MS. O'HARA: Honor. We can do it this afternoon, Your It's no problem at all. 4 THE COURT: 5 I will see you at 3:00 then -- All right. 6 MS. O'HARA: 7 THE COURT: 8 MS. O'HARA: 9 THE COURT: 10 11 12 15 Then 3:00. Yes, Your Honor. Thank you very much. We're adjourned. THE CLERK: All rise. (Off the record / hearing continued - 12:12:12 p.m.) AFTER BREAK (On the record - 03:15:57 p.m., Defendant present.)a THE CLERK: 16 afternoon session. 17 presiding. All rise. Part 12 resumes it The Honorable Charles J. Peters 18 THE COURT: 19 Everybody you could be seated. 20 that matter Miss -- 21 All right. All right. 13 14 Okay. All right. MS. O'HARA: Good afternoon. Do you want to re-call Yes, Your Honor. Calling the State 22 of Maryland versus Kerron Andrews, 114149007 through and 23 including 009. 24 for the State. 25 Assistant State's Attorney, Katie O'Hara, MS. LEVI: Good afternoon, Your Honor. Deborah ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 112 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 Levi, on behalf of Mr. Andrews, who's present to my 2 immediate right. 3 THE COURT: 4 MS. LEVI: 5 6 7 THE COURT: 9 THE COURT: 12 there, sir. MS. LEVI: Anyway, he can have a seat right Your Honor, may I approach the Clerk. I accidentally -THE COURT: 14 MS. LEVI: 16 Okay. You can have a seat right there. 13 15 No, I think at this point in time, he's fine. MS. LEVI: 11 Your Honor, may he please be uncuffed for purposes of the motion hearing. 8 10 Okay. Sure. -- took an exhibit. May I begin, Your Honor? THE COURT: Yes. Go ahead, Ms. Levi. 17 DEFENSE'S MOTION TO DISMISS/MOTION TO SUPPRESS/REQUEST FOR 18 SANCTIONS/DUE PROCESS CONSTITUTIONAL VIOLATIONS (CONT'D) 19 MS. LEVI: The Court extended an opportunity for 20 me, having found the willful violation of the detective's 21 discovery -- the willful nature of the detective's 22 discovery violation -- allowed me some time to research 23 the case law in light of a willful violation. 24 25 And I did find several cases in which the Court of Appeals has upheld dismissal as a sanction for a ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 113 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 willful abuse of the discovery violations. 2 THE COURT: 3 MS. LEVI: 4 Okay. So, if I may go through those cases with Your Honor? 5 THE COURT: 6 MS. LEVI: Go ahead. The first that I'd like to cite, as 7 sort of a connector piece is that the civil case -- these 8 are civil. 9 standard. All of the civil cases cite the Taliaferro The Taliaferro standard is a criminal standard. 10 It is the same four factors that Your Honor cited to 11 previously. 12 THE COURT: 13 MS. LEVI: 14 THE COURT: Okay. And the analysis -Well, let's start off -- and you 15 don't have a criminal case in which there was a -- it was 16 dismissed, right? 17 MS. LEVI: Because there has not been one 18 reported where I found a willful nature of the discovery 19 violation in the criminal context. 20 Honor through the cases that I have on the willful nature 21 of the discovery violation. 22 So, if I may walk Your All of the cases on the willful nature of a 23 discovery violation that I find are in the civil context, 24 applying the same analysis that the cases rely on in the 25 criminal context. So, for example, in Lowery v. Smithburg ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 114 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 [sic] Emergency Medical Services -- 2 THE COURT: Well, let me ask you. Does the 3 State have a right to even appeal a dismissal? 4 anyone know? 5 looking at -- there was a reversal of a mistrial that was 6 declared. 7 sort of an unfair burden here. 8 9 Does Would there be a report of opinion? I was You know, as I say, maybe I'm making -- this is I don't know necessarily if there was a dismissal by a judge whether or not the State would even 10 have a right to appeal it. 11 have an opinion one way or the other? 12 MS. LEVI: But, I don't know, does anyone My understanding is that the State 13 can appeal a constitutional issue. 14 let me think about that for a second. 15 THE COURT: 16 MS. LEVI: 17 THE COURT: 18 MS. LEVI: But, you know what, There's -- Well, anyway, all right. Go ahead. -- very narrow -Go ahead. That's fine. -- there's very narrow grounds. 19 Okay. 20 Services, this is 173 Md. App. 662 (2007). 21 particular case is one of the civil cases that cites the 22 Taliaferro to show the Court that it's the same standard 23 on page -- I'm just going to use my numbered pages -- 24 Page 8, and I'm happy to present all of these to the 25 Court. So, in Lowery v. Smithburg [sic] Emergency Medical And in this ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 115 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 And in this case -- and if I -- I was moving 2 very quickly, so if I could just take my time and try to 3 go methodically, I'll be as fast as I can, without trying 4 to leave anything out, Your Honor. 5 was interesting, because here, the Court upholds a 6 sanction for a discovery abuse, "viewing the degree of 7 prejudice as a neutral factor." I thought this case 8 So, even where there's no prejudice, the Court 9 can still impose a grave sanction for a discovery abuse, 10 11 even if prejudice is neutral. And the case says that: "The trial court has broad discretion in 12 fashioning a remedy for a violation of the 13 discovery rules, absent a clear abuse of a 14 discretion they won't abuse it." 15 And then I like that the Court says: 16 "If the scheduling orders are to be 17 permitted to be treated in such a casual 18 fashion, why bother with them?" 19 So, that case is not the most compelling, but I 20 wanted to show the link between Taliaferro that I see in 21 all these civil cases, as well. 22 Court's attention to Scully v. Tauber, 138 Md. App. 423 23 (2001), Court of Special Appeals of Maryland (2001). If I could not direct the 24 On Page 5 of the Westlaw version: 25 "There are cases, as appellee points out, ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 116 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 where the ultimate sanction of dismissal of the 2 plaintiff's case or the grant of a default 3 judgment against a defendant have been upheld 4 even though the offending party has not acted 5 contumaciously." 6 7 And then they cite Berkson v. Berryman, 63 Md. App. 134: 8 "[N]o abuse of discretion in imposing the 9 ultimate sanction for a party's violation of a 10 discovery order even though the offending 11 party's actions were neither wilful nor 12 contumacious." 13 In Rubin v. Gray, 35 Md. App. 399: 14 "[The] gravest sanctions 'may be imposed 15 for a deliberate attempt to hinder or prevent 16 effective presentation of defenses or 17 counterclaims, or for stalling in revealing 18 one's own weak claim or defense'[s]. 19 In all the cases that we have found where 20 the offending party had acted non-contumaciously 21 and where the trial court either dismissed the 22 plaintiff's case as a sanction or entered a 23 default [judgment] against a non-complying 24 defendant, the offending party had no valid 25 excuse for failing to comply with discovery ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 117 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 orders and/or for failing to comply timely with 2 discovery requests by the opposing party. 3 ... 4 The appellate courts of Maryland have 5 overturned the imposition of the ultimate 6 sanction of dismissal against a plaintiff or a 7 delay [sic]...when there was no record of 8 inordinate delay or contumacious conduct on the 9 part of the party against whom sanctions were 10 11 sought." So, where there is contumacious or willful 12 behavior, it is appropriate. Dismissal is appropriate. 13 In Klupt v. Krongard, on Page 12 of the printed out 14 opinion, "our courts have previously" -- I'm sorry, this 15 is 126 Md. App. 179 (1999): 16 "Our courts have previously upheld, as 17 within the court's discretion, dismissal of the 18 offending party's claims as the sanction for 19 discovery abuse." 20 Again citing Rubin v. Gray, or entry of a 21 default judgment. And Peck v. Toronto, 246 Md. 268, 270. 22 And in this particular case: 23 "[W]here the court found [that] the 24 appellants had clearly destroyed discoverable 25 evidence and had done so willfully and ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 118 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 contumaciously, we find no abuse of discretion 2 in the court's dismissal of the appellants' 3 claims." 4 And then, I think I haven't read Klupt v. 5 Krongard. 6 179, again (1999), this is the Civil Rule 2-433, but again 7 under the same Taliaferro factors: 8 9 And in that decision, which is 126 Md. App. "[T]he court may impose the sanction of dismissal for the failure to comply with an 10 order compelling discovery, [or we would say be 11 extension, any discovery rule at all]. 12 ... 13 [The] "courts 'have the power to sanction 14 the destruction of evidence, whether that 15 authority is derived from the discovery 16 sanctions or from their inherent powers.'" 17 In that case, they couldn't comply because the 18 party had actually destroyed the evidence that the other 19 side was seeking. 20 me just make sure that I haven't missed any that I wanted 21 to cite. And they found that to be willful. Court's indulgence, briefly? 22 THE COURT: 23 MS. LEVI: 24 25 Let (No audible response.) Okay. Yes. Maryland law -- and this is from Klupt v. Krongard, again, 126 Md. App. 179 (1999): "As noted above, the penalties for abusive ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 119 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 conduct during discovery, including dismissal 2 with prejudice, can be harsh. 3 court alone, not the trier of fact, who is the 4 master of the discovery phase. 5 well settled that a trial court has broad 6 discretion to fashion a remedy based on a 7 party's failure to abide by the rules of 8 discovery.'" 9 But it is the 'Maryland law is "None of the cases cited by the appellants 10 address the question...." 11 cited, nor have we found, any Maryland case 12 holding that a trial court's exclusion of 13 evidence based on a discovery violation, of the 14 nature of that in the case at bar, constituted 15 an abuse of discretion.'" 16 17 'Appellant has not In that case, is where they spoiled it. Here, we would analogize where they willfully withhold it. 18 "Likewise...the appellants have not cited a 19 single Maryland case holding that a trial 20 court's dismissal of claims based on a discovery 21 violation, like the one in the case sub judice, 22 constituted an improper judgment." 23 So, where in a criminal case where liberty is at 24 stake, far more important than money in a civil case, 25 right. It is liberty as the ultimate thing that we ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 120 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 protect in our Constitution. 2 case, far as we know, has willfully withheld certain 3 exculpatory information. 4 integrity and the process. 5 And the Detective in this We have lost faith in the Let me add to that, the fact that we outwardly 6 affirmatively requested information from the State's 7 Attorney. 8 request communication related to that request conveyed 9 until nearly six months after we made the request. 10 And the detectives testified that there was no We requested it in November. That information 11 that was exculpatory and required under the rules was not 12 communicated to the detectives based on their testimony. 13 And the State presented no other conflicting evidence 14 until May of 2015. 15 it, and two weeks prior to trial. 16 That's six months after we requested There is an abuse of the process from the 17 detectives that is imputed to the State's Attorney under 18 Kyles v. Whitely, because they have an affirmative duty to 19 seek evidence, even if the police are hiding it from them. 20 That is the burden that the Supreme Court has placed on 21 the detective. 22 We affirmatively sought evidence, which the 23 State responded to us that they did not have. 24 evidence that was presented, they never even asked for it. 25 Your Honor, we think this is an abuse of the highest form. And by the ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 121 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 It is a gross abuse of the discovery process. 2 lost all faith in the integrity of this criminal 3 prosecution. 4 We have And dismissal is the only appropriate remedy. 5 And it is clearly within the broad discretion of this 6 Court. 7 the only appropriate sanction. 8 THE COURT: 9 you want to respond? 10 11 12 And I think without question, would be upheld as MS. O'HARA: Okay. All right. Ms. O'Hara, do Your Honor, thank you. STATE'S OPPOSITION TO MOTION TO DISMISS/SUPPRESS/REQUEST FOR SANCTIONS/DUE PROCESS CONSTITUTIONAL VIOLATIONS 13 MS. O'HARA: Your Honor, I think that we simply 14 can't impugn the civil cases and the criminal cases to be 15 the same standard. 16 an entirely different standard for innocence, standard for 17 guilt. 18 If that were the case, we would have We'd have an entirely different lay of the land. And I think to inject the civil standards of 19 discovery in a criminal case is at the outset a mistake. 20 The case law on point on criminal cases is very clear. 21 That the point of the discovery rules is to level the 22 playing field. 23 guarantee a windfall. 24 25 The point of the discovery rules is not to And leveling the playing field, so that a jury or court considers the case fairly. So that the State ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 122 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 doesn't have a leg up, that the State doesn't have perhaps 2 exculpatory evidence. 3 determined to be Brady evidence. 4 doesn't have a leg up of dismissal. 5 entire case, or dismissal of some of the evidence such 6 that, the finder of fact is left with an inaccurate 7 version of the evidence. 8 9 Perhaps something that could be Or that the Defense Or dismissal of the And I think that that's what the Defense is seeking, some kind of inaccurate version of the evidence. 10 What we have here is an incredible breath of fodder for 11 cross-examination of the Detective. 12 for how poorly he conducted his job. 13 Incredible arguments But I don't believe that the -- and while I'm 14 sympathetic to what Ms. Levi's saying, I don't believe 15 that the case law on point either endorses or even permits 16 what she's asking the Court to do. 17 instructing the Court that the appropriate remedy is a 18 continuance, is that the Defense should be able to use the 19 evidence, as it should of [sic] all along. I think that it's 20 That the whole point of the defense, from the 21 very beginning of any case, is to defend the client and 22 show in some respect that the investigation was faulty, or 23 poorly done. 24 cases have to show that. 25 And now the Defense has way more than most So, I just -- I don't believe that the law, as ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 123 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 it pertains to the criminal system, as it pertains 2 directly to this case, calls for a dismissal, permits a 3 dismissal. 4 continuance of the case, which has already occurred. 5 because of the discovery violation. 6 I think that it permits, calls for a Not And Judge Phinn was very clear that she was not 7 postponing the case because of the discovery violation, 8 but because of the witness issue. 9 are in a level playing field. 10 THE COURT: And where we are is, we The discovery -- Well, let me ask you, what is -- all 11 right. 12 supposed to testify to? 13 been's significantly impacted by -- So, Detective Converse, I mean, what is he 14 MS. O'HARA: 15 THE COURT: 16 MS. O'HARA: 17 THE COURT: 18 19 It seems to me, his credibility Agreed. -- this whole process -Agreed. -- so, what is he supposed to be testifying to? MS. O'HARA: He would -- I mean, he's the 20 primary investigator, so he will -- he would be testifying 21 to the point of the investigation that he entered into, 22 which was just before May 5th, I believe May 3rd is when 23 his involvement takes place. 24 the night of the shooting. 25 Because he was not present He became involved after the night of the ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 124 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 shooting. 2 hospital, is when he first became involved in the 3 shooting. 4 basically, everything from the hospital through and 5 including the photo array with Rihanna. 6 So, when the individuals were still in the But he was not on the crime scene. So, He would be otherwise testifying to the photo 7 arrays, to the Defendant's statement. 8 think that his -- I think that his testimony -- 9 10 THE COURT: And I agree, I I'm sorry, his statement? What, the Defendant gave a statement? 11 MS. O'HARA: 12 THE COURT: Was it inculpatory, exculpatory? 13 MS. O'HARA: The Defendant gave a statement Yes. 14 admitting to being there. 15 shooter. 16 exactly like him, but that he ran away. 17 an explanation for having the gun and the phone used to 18 set up the deal. 19 20 Indicated that he was not That someone else was the shooter who looks THE COURT: Okay. And did not give Anything else -- I'm sorry to interrupt you, I think. 21 MS. O'HARA: No, not at all, Your Honor. 22 Honor, the State's position is simply that that 23 understandably, the Court will issue a sanction. 24 that. 25 Your I get The sanction however of dismissing the case or ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 125 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 striking the evidence to make then an inaccurate version 2 of the evidence, when an appropriate remedy is on the 3 table and has already played out to make the parties on -- 4 remain on a level playing field. 5 We are on a level playing field. 6 everything. 7 date of July the 2nd. Ms. Levi has everything. 8 THE COURT: 9 MS. O'HARA: I now have And we have a trial Okay. I think that the point of the case 10 law, the point of the discovery rule is not for a 11 windfall. 12 is in a criminal case, in Thomas v. State, which the Court 13 cited to. 14 consideration, not civil cases. And that can't be more obviously stated than it Which I believe should be driving this Court's 15 RULING ON ARGUMENTS OF COUNSEL ON MOTION TO DISMISS/ 16 SUPPRESS/SANCTIONS/DUE PROCESS CONSTITUTIONAL VIOLATIONS 17 THE COURT: Okay. All right. Thank you, 18 Counsel. It seems to me again, getting back to the four 19 factors. The reasons why the disclosure was not made is, 20 as I said, clear -- I mean, I don't know if I should 21 credit Detective Converse, or I don't know how I view him 22 -- but clearly admitted he didn't hand it over. 23 have an explanation. 24 25 And this is not a novice. the police force. He didn't He's not a novice on He's not a novice in investigations. ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 126 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 This is certainly Investigations 101. 2 think this is sophisticated or complicated at all. 3 then the odd thing of not putting it in the file, and then 4 somehow still holding onto it, and putting it in his desk, 5 I find that utterly bizarre. 6 I think he intentionally withheld it. 7 I mean, I don't And But as I said, I will find, So, this is -- I mean, I don't -- looking at the 8 cases, they do reflect on the fact -- or I'm sorry they 9 address the fact whether the bad faith on the part of the 10 State -- and I'm talking about specifically the detective 11 here, most of these cases, or in all of them, I could find 12 most of them were some sort of inadvertent negligence. 13 mean, this clearly was, it seems to me a willful 14 withholding. 15 I Now, I have to look at the feasability of curing 16 any prejudice with a continuance -- I'm sorry, strike 17 that. 18 the opposing party. 19 -- all right. 20 negative photo arrays, which are here. 21 has them. 22 The existence and the amount of any prejudice to I mean, the fact that there are now So, there are two -- we now have two So, the Defense So, I don't know what prejudice there would have 23 been. 24 doing -- concerning potentially some Brady violation -- 25 after there had been a conviction, you know, we look back Now, again, I think after the fact, if we had been ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 127 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 on it, and I think maybe this evidence could have been 2 construed as Brady evidence. 3 Lotus Notes about the money that was found. 4 And also I'll allude to the Again, I don't even know how the State 5 necessarily is going to argue that, or if you're going to 6 be able to argue it. 7 well he's a drug dealer, look at the money he had, whether 8 or not that'd even be admissible. 9 have this report, so the State has that -- I mean, I'm 10 11 Whether they would get up and argue, But nonetheless, we do sorry, the Defense has it. So, I'm not quite sure what the prejudice -- the 12 feasability of curing any prejudice with a continuance -- 13 well, there already is a continuance. 14 none of this is something that Counsel couldn't deal with 15 and apply at the trial, now that Counsel knows about any 16 other relevant circumstances. 17 It seems to me, I mean, I'm just kind of left with, I mean, yes, 18 I guess that Counsel could cross-examine Detective 19 Converse about this, and bring out in front of this jury 20 that he withheld evidence. 21 serious issue. Which I see is the extremely But the Court has found that. 22 And it seems to me, I would be remiss just to 23 allow this to go on, and let the jury sort of arrive at 24 its own conclusions after I found a conclusion that he's 25 been -- I don't know if he was deceptive on the stand. I ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 128 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 mean, although I find it kind of disingenuous for him not 2 to have any reason why he didn't hand it over. 3 rather odd. 4 That seems But I don't know, these cases don't seem -- for 5 the record, maybe I'm wrong, but I think that in fact some 6 sanction ought to be imposed for a bad-faith action by 7 him, so I am going to exclude his testimony. 8 him credible, based on the fact that of what he did 9 earlier, in withholding evidence, without any real 10 I don't find plausible explanation as to it. 11 And it's not once, and not twice, and really 12 three times. 13 kind of take your breath away. 14 going to grant -- partially grant the Defense motion for 15 Sanctions. 16 Detective Converse. But I think the two negative photo arrays So, Madame Clerk, I'm And I'm going to exclude the testimony of 17 THE CLERK: Okay. 18 THE COURT: Unfortunately, the State will just 19 have to deal with that at trial. 20 going to exclude -- I'm not going to prevent him -- if the 21 Defense wants to call him, I will certainly allow you to 22 do that. 23 permitted to use his testimony to establish this 24 gentleman's guilt. 25 Now, obviously, I'm not But, I don't believe that the State should be Because of all that (inaudible) so. Maybe a (inaudible) victory for the Defense, I ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 129 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 don't know. 2 based on the level of withholding here, so. 3 Anything else, Counsel? But I think something had to be imposed, 4 MS. O'HARA: 5 MS. LEVI: 6 No, Your Honor. And as to exclusion of the gun or the telephone? 7 THE COURT: 8 MS. LEVI: 9 THE COURT: 10 All right. else. Okay. I'll deny those. Thank you, Your Honor. I just don't see, you know, anything Thank you. 11 MS. LEVI: 12 THE COURT: So, you have that, Madame Clerk? 13 THE CLERK: Yes. 14 THE COURT: Okay. 15 MS. LEVI: 16 THE COURT: You may. 17 MS. LEVI: Thank you. 18 MS. O'HARA: 19 THE COURT: 20 Thank you, Your Honor. Your Honor, may I please be excused? Your Honor, have a nice afternoon. You, too. (Off the record / end of hearing - 03:37:40 p.m.) 21 22 23 24 25 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 130 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS 1 TRANSCRIBER'S CERTIFICATE 2 3 This is to certify that the proceedings in the 4 matter of the State of Maryland v. Kerron Andrews, Case 5 Nos. 114149007-009, heard in the Circuit Court for 6 Baltimore City, on June 4, 2015, was recorded on digital 7 media with video. 8 9 I hereby certify that the proceedings herein contained were transcribed by me or under my direction. 10 That said transcript is a true and accurate record to the 11 best of my ability and constitutes the official transcript 12 thereof. 13 14 In witness thereof, I have hereunto subscribed my name on June 24, 2015. 15 16 17 18 ______________________________ 19 Sherry R. Miller, President 20 21 22 23 24 25 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 131 A a.m 4:2 16:8,10 72:14 74:9,11 abide 119:7 ability 106:25 130:11 able 5:3 25:7 30:19 45:14 52:1 88:3,5,8 94:19 122:18 127:6 absent 115:13 absolutely 97:17 102:17 abundance 96:17 abuse 113:1 115:6,9,13,14 116:8 117:19 118:1 119:15 120:16,25 121:1 abusive 118:25 acceptable 105:11 accepted 109:11 access 79:23,25 accidentally 112:12 accountability 105:12 accuracy 101:17 accurate 58:20 58:21 130:10 ACCUSCRIB... 1:19 acknowledged 23:1 acknowledgm... 96:2,13 act 53:7,10 109:9 acted 116:4,20 action 128:6 actions 116:11 activity 54:23 acts 48:18 53:1 actual 34:18 55:1,2 add 120:5 addition 107:6 107:20 additional 75:8 103:16 address 49:15 56:12,13 76:12 95:21 98:25 119:10 126:9 adequate 109:17 adjourned 111:10 admissible 127:8 admit 13:10 17:11 40:20 admitted 2:18 3:3 9:1,10,12 13:13,16 17:13 17:15 41:2,4 44:22 125:22 admittedly 36:18 admitting 124:14 advance 46:21 47:2 68:7 71:12,19 77:2 77:6 78:6,11 86:2 88:7 Advanced 68:10 Affairs 21:14 Affidavit 68:15 68:17,19,20 affirmative 120:18 affirmatively 120:6,22 afternoon 4:9,12 69:20 90:25 110:9,23 111:2 111:16,18,25 129:18 ago 27:9 48:3 62:9 67:25 80:25 93:14,15 93:16 105:25 agree 18:8 20:11 24:10,23 58:7 81:25 124:7 Agreed 123:14 123:16 ahead 6:6,23 8:3 9:19,19 16:11 17:3 27:20 30:22 33:15 46:6,23 64:25 65:16 71:10 75:7 85:4 88:15 90:16 97:7 106:13 112:16 113:5 114:15,17 Ajabar 29:6,13 29:16,17,20 30:24,25 31:4 35:17 38:13 92:10 93:19 allegedly 107:21 Allen 21:1 27:11 27:17 28:9 31:23 32:6 38:25 92:13,16 92:16,25 93:21 101:4 Allen's 41:8 94:12 allow 88:10 109:2 127:23 128:21 allowed 106:9 112:22 allows 109:2 allude 127:2 Amendment 100:12 amount 94:14 98:2 126:17 analogize 100:11 119:17 analysis 110:7 113:13,24 and/or 33:21 34:15 117:1 Andrews 1:4 4:6 4:10,13 25:14 26:5 34:10 45:17 64:21 66:25 67:2 68:6,7,18 79:24 80:7 82:15 83:15 86:6 87:3,21 88:18,22 89:1 89:7 95:3 96:5 111:22 112:1 130:4 Andrews' 4:4 24:20 28:4 67:6 90:23 animals 63:25 84:24 Annex 18:19,20 18:20 answer 30:20 answered 59:13 60:11 87:10 answers 88:7 anybody 29:23 62:10 83:18 101:6 anybody's 50:1 anyway 96:17 112:9 114:15 apart 57:17 58:8 apartment 38:22 39:8 40:1,4 56:11 57:9,10 apartments 56:23 57:1 APD 1:16 apologies 6:24 70:2 apologize 4:10 App 97:22 114:20 115:22 116:7,13 117:15 118:5 118:24 apparently 10:3 11:25 47:12 appeal 114:3,10 114:13 Appeals 109:5 109:19 112:25 115:23 appearance 108:17 APPEARAN... 1:14 appears 8:9 16:14 43:5 81:21 Appellant 119:10 appellants 117:24 119:9 119:18 appellants' 118:2 appellate 117:4 appellee 115:25 application 3:5 54:19 69:9,11 69:12 70:1,12 70:15 71:18 72:9 75:18 76:2 apply 127:15 applying 113:24 appointment ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. 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PETERS Page 132 91:15 apprehended 84:6 apprehending 67:2 apprehension 33:23 47:11 60:25 65:14 67:16 84:5 approach 7:21 8:1 15:4 17:1 37:9 39:12 70:4 72:12,15 81:14 112:11 approaching 7:7 12:8 appropriate 22:2 117:12,12 121:4,7 122:17 125:2 approximately 38:8 April 37:20 38:10,24 41:4 area 35:11,14 36:11 48:19 77:19 arguably 104:23 argue 97:6 127:5 127:6,6 argued 76:12 argument 50:3 75:25 98:16 106:16 arguments 122:11 125:15 arisen 21:4 Arizona 100:16 array 2:20 8:10 9:5 10:9,17 11:16 12:17,23 13:5,15 17:25 18:22 19:18,22 19:24 20:8,12 20:13,14,15,16 20:22,25 21:12 21:18,23 22:1 22:16,17,20 23:11,16,21 24:14 27:11,13 27:14 28:8 29:6,17 30:3 30:13 31:4,22 31:23 32:5,5 32:11,20 41:9 41:11 92:9,12 93:19,20 94:12 101:5,13 102:13 103:17 104:8 105:3 107:20 124:5 arrays 18:6,17 21:5 36:21 124:7 126:20 128:12 arrest 28:4 45:17 66:1 67:3,7,12 68:5 78:14 79:3 81:7,25 82:4,6 82:19 87:20,23 88:17,18 arrested 81:7 82:17 84:1,15 88:21 arrive 127:23 arrived 12:20 87:8 ASA 1:15 aside 7:24 asked 27:9 28:2 33:1,4,7,13 41:7 59:13 60:6,11 62:2,4 62:10 63:12 68:24 95:5 105:24 107:15 120:24 asking 33:21 34:19 35:9 48:7 53:17 61:24 79:19 83:3 95:17 122:16 asserting 100:8 assigned 44:2 assignment 6:18 46:19 65:11 assist 45:17 Assistant 4:7 41:6 111:23 assisting 61:16 associated 18:17 associates 66:12 assume 50:8 64:10 91:20 103:10 assuming 103:10 AT&T 47:17 72:5 ATT 25:13 33:20,21 45:6 45:12,13 46:21 78:1 80:24 87:9 attempt 116:15 attempt-murder 71:14 79:10 attempted 29:16 29:16 41:13 60:2 78:15 80:7 attention 8:13 9:21 11:18 12:11 13:18 17:19 32:16,17 37:4 38:5 104:17 115:22 Attorney 4:8 24:25 25:9,22 41:7,25 85:10 85:15 86:12 100:22 111:23 120:7,17 Attorney's 21:13 28:6 85:17 86:17 Attorneys 25:5 audible 23:13 24:12 27:15 62:18 63:1 68:2 69:24 81:13 82:21 118:22 audible/visible 14:20 authority 68:9 73:16 75:24,24 86:25 88:17 118:15 Authorization 70:16 authorized 77:9 authorizing 73:3 automatically 34:2 available 4:23 4:23 33:17 Avenue 56:14 77:23 78:4,20 82:16 84:20 87:8 88:23 average 61:17 aware 34:15 83:20,21 86:3 86:7 96:15 102:22 B B 18:19 back 24:22 50:1 56:2 57:18 66:7,24 70:21 74:17 76:15 80:17 84:1 89:23 91:12 96:18 110:14 125:18 126:25 background 66:10 Backing 24:14 bad 106:14 126:9 bad-faith 128:6 ball 110:12 Baltimore 1:4 21:14 46:20 65:20 79:7 87:1 130:6 bar 119:14 barge 59:8 Barry 47:14 based 34:20 91:25 107:17 119:6,13,20 120:12 128:8 129:2 basic 30:9 basically 48:19 49:23 58:10 60:16 71:13 124:4 BCPD 3:7 becoming 91:21 been's 123:13 began 34:19 beginning 95:13 122:21 begins 72:14 behalf 4:10 112:1 behavior 106:11 117:12 believe 4:19 8:17 11:2 30:12,24 32:12,12 34:9 34:22 45:15 56:14 67:21,22 77:9 79:3,21 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. 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PETERS Page 133 122:13,14,25 123:22 125:13 128:22 believed 12:16 14:4 77:13,19 bench 7:7 72:13 72:14,15 74:10 benefit 90:23 benign 110:10 Berkson 116:6 Berryman 116:6 best 97:3 130:11 better 12:13 70:3 101:3 bit 10:4 91:21 bizarre 126:5 black 38:18,20 39:5,7,22,25 60:17 Blind/Sequent... 11:16 block 56:12 77:23 bother 115:18 bottom 83:5 Brady 100:15,25 101:1 104:1,22 104:22 122:3 126:24 127:2 brakes 106:10 Braxton 20:15 20:18 break 24:6 111:13 breath 122:10 128:13 brief 81:17 90:19 108:22 110:4,6 briefing 3:14 90:17 91:1 110:8 briefly 5:9 7:19 11:6 15:4 74:8 86:21 118:21 40:2 bring 32:17 46:5 carrier 47:16 127:19 case 1:5 4:4 18:1 Brittany 93:4 18:9 19:10,12 broad 115:11 21:15 22:17 119:5 121:5 23:6,18,22 brought 16:16 24:20 25:7,8 16:21 45:17 25:21,25 28:5 building 40:4 30:13 31:1 57:18,19 34:5,8,21,25 buildings 38:22 35:3 36:21 39:8 40:2 41:21 42:5 burden 114:7 47:6,10,20,24 120:20 50:22 51:25 business 42:20 55:4 59:11 66:3 105:3 61:14 62:1,11 62:14 66:24,25 C 69:7,10,14 C 4:1 18:20 72:19,21 76:23 calendar 93:13 85:7,25 90:11 call 4:4,21 50:5 90:12,13 95:2 52:3,4,19,20 96:8 97:21 64:10 73:21 105:6,19 106:1 75:10 128:21 106:1,25 107:4 call-detail 47:18 107:8,12,14,20 called 2:4 4:24 108:3,19 6:12 38:13 112:23 113:7 46:13 47:9,25 113:15 114:21 50:22 65:5 115:1,4,10,19 Calling 4:6 116:2,22 111:21 117:22 118:17 calls 51:2 123:2 119:11,14,16 123:3 119:19,21,23 cancel 91:16,22 119:24 120:2 capitals 19:17 121:15,19,20 caps 18:3 121:25 122:5 capture 51:2,6 122:15,21 captured 66:16 123:2,4,7 66:21 124:25 125:9 captures 51:12 125:12 130:4 car 35:19 38:16 cases 34:5 42:17 39:3 68:4 43:14,25 44:1 77:16 44:5 61:23 car' 38:22 39:9 104:22,23 108:21 112:24 113:3,8,20,22 113:24 114:21 115:21,25 116:19 119:9 121:14,14,20 122:24 125:14 126:8,11 128:4 casual 95:15 115:17 category 110:3 Catherine 1:18 cause 102:22 caution 96:17 cautious 8:20 9:2 cell 5:22 47:21 47:23 48:18,24 50:6 52:20 53:2,7,10 68:12 77:3,20 87:6 Cellco 72:6 cellular 77:14 certain 48:19 120:2 certainly 85:3 100:11 126:1 128:21 certainty 103:6 103:8 CERTIFICATE 130:1 certification 42:21 certify 130:3,8 CET-793 1:18 chambers 4:12 changed 16:15 55:20,22 charged 60:2 78:15 charging 28:4 Charles 1:10 111:16 chopped 91:21 Circuit 1:2 47:13 130:5 circumstance 104:24 circumstances 30:18 69:13 72:18 98:4 127:16 cite 113:6,8 116:6 118:21 cited 113:10 119:9,11,18 125:13 cites 114:21 citing 117:20 city 1:4 46:20 65:20,25 87:1 130:6 civil 10:14 113:7 113:8,8,23 114:21 115:21 118:6 119:24 121:14,18 125:14 claim 106:16 116:18 claimed 93:5 claims 117:18 118:3 119:20 clarity 16:20 24:5 clear 12:14 29:4 39:16 86:25 92:2 99:1 100:7 102:17 115:13 121:20 123:6 125:20 clearly 98:13 117:24 121:5 125:22 126:13 Clerk 6:9,16,22 7:3,7,9,22,23 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. 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PETERS Page 134 9:11,12,14 11:3 12:5,8 17:5,5,12 26:24 37:12,14 44:20,21,25 45:2 46:9,17 46:22 58:6 65:2,9,15 70:6 70:7 111:11,15 112:11 128:13 128:17 129:12 129:13 client 26:7 63:2 98:25 122:21 Clifton 56:14 77:23 78:4,20 82:16 84:20 87:8 88:23 clock 51:14 close 51:19 57:4 57:5,7 58:10 closet 93:3 collateral 110:19 come 38:15 46:7 48:2 60:6 64:22 65:21 68:6 79:12,16 80:3 82:1 87:13 91:12 101:15 104:2 104:23 109:3 110:14 comes 103:10 coming 51:15 52:21 communicated 120:12 communication 120:8 Communicati... 72:7 companies 72:4 72:10 73:8 company 48:13 72:1 compare 16:14 compelling 104:5 107:19 115:19 118:10 completed 17:25 18:16 23:16 41:9,12 completely 30:7 31:13 completion 22:2 complex 56:11 complicated 126:2 comply 116:25 117:1 118:9,17 conceal 31:13 32:24 concerning 20:6 20:7 21:12 107:2 126:24 concluded 90:25 conclusion 127:24 conclusions 127:24 conduct 55:7 66:10 117:8 119:1 conducted 22:17 27:11 28:9,9 29:6 49:9 92:10,13 122:12 conducting 27:9 56:7 conference 72:13,14 74:10 confident 97:12 conflicting 120:13 confused 53:16 connect 53:11 53:12 connected 51:25 104:14 connecting 53:14 connector 113:7 consent 87:12 consider 61:1 97:25 104:4 consideration 125:14 considered 41:14 considers 121:25 consistent 109:14 constituted 31:1 119:14,22 constitutes 130:11 Constitution 104:16,21 105:17 106:22 109:1 120:1 constitutional 100:6,9,18 104:13 108:16 110:3 112:18 114:13 121:12 125:16 construed 127:2 consult 20:8,9 21:3,13 25:12 26:4 Consulting 7:18 20:17,23 26:7 63:2 64:21 70:1,3 Cont 1:8 Cont'd 2:7 3:3 112:18 contact 62:7 contacted 62:5 77:7 84:18 contained 18:18 22:1 130:9 containing 18:19 content 16:17 CONTENTS 2:1 3:1 context 113:19 113:23,25 continuance 98:3 99:23 122:18 123:4 126:16 127:12 127:13 continue 18:2 continued 3:1 8:4 111:12 continues 6:14 46:14 65:6 continuing 28:19 contrary 108:21 Control 18:16 18:25 contumacious 116:12 117:8 117:11 contumaciously 116:5 118:1 conversation 7:25 35:17,20 59:17 conversations 95:16 Converse 2:7,24 4:18,19 5:14 5:18 6:4,10,15 6:19,19 8:8 12:22 14:20 15:9,12 17:18 23:20 25:12 26:10,14,19 27:1,6,8,19,21 29:15 35:4 36:17,25 37:4 40:24 41:6 43:18 44:7,9 44:17 63:23 84:19 123:11 125:21 127:19 128:16 Converse's 4:22 conveyed 120:8 conviction 104:23 106:12 126:25 convictions 102:23 copies 15:12,15 copy 3:5,7 8:9 10:9,12,15 12:3 13:5 17:25 28:5 68:20 70:12 74:12 81:21 85:11,17,19 corner 9:25 correct 15:24 18:9 19:1,4 22:17 24:20 29:2,7,18 31:24 32:2 38:24 40:5,14 41:15 43:15 49:2 52:6 53:6 53:9,21 54:3,4 54:8,11 56:10 59:2 60:7 61:13 63:21 71:5 78:12 87:3,6,10,16 87:21,24 88:19 92:17 93:6,19 99:18 Correll 97:21 corrupt 93:9 94:19 couch 60:13 84:13 88:25 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 135 Counsel 4:3,15 6:23 7:18 9:19 10:9 15:19 16:2 20:17,23 37:9 42:21 46:23 49:19 64:21 65:16 70:2,3 72:11 72:15 74:8,10 91:12 125:15 125:18 127:14 127:15,18 129:3 counterclaims 116:17 court 1:2 3:20 4:3,13 5:2,5,10 5:13,17 6:5,6 6:12,23 7:1,5,8 7:13,19,19,22 7:24 8:3,24 9:3 9:7,10,15,17 10:6,20,23 11:1,8,24 12:2 12:4,7 13:13 13:23 14:6,17 14:22 15:1,3,6 15:17,19,23 16:1,4,11,19 16:23,25 17:3 17:7,10,13,15 22:21,23 23:1 23:13 24:12 25:2,11 26:6,9 26:13,15,17,20 26:25 27:2,9 27:15,18,20 28:2 29:10,12 30:15,21 31:17 33:9,15 35:2,7 35:23 37:1,10 38:6 39:14 40:23 41:2 42:8,15 43:4 43:17 44:8,10 102:2,9,16,24 44:13,15,19,24 103:2,9,13,21 45:1,3,18,20 104:10,19,25 45:22 46:7,12 105:7,14,16,20 46:23 47:13,14 105:24 106:7 47:15 49:7,19 106:14,18,21 49:22,25 52:12 107:2,10 108:3 52:25 55:1,3 108:9,12 109:2 55:12,23,25 109:4,5,13,19 56:1,2,10 110:13,18,25 59:10 61:19 111:4,7,9,18 62:18,23 63:1 112:3,6,9,13 63:7 64:3,5,8 112:16,19,24 64:14,22 65:4 113:2,5,12,14 65:16 68:2 114:2,15,17,22 69:1,4,24 70:5 114:25 115:5,8 70:22 71:10 115:11,15,23 72:9,11,17,21 116:21 117:23 72:24 73:2,2,5 118:8,22 119:3 73:9,9,12,13 119:5 120:20 73:13,23,24,25 121:6,8,25 74:2,3,5,7,14 122:16,17 74:19,22 75:1 123:10,15,17 75:3,6,12,15 124:9,12,19,23 75:21,23 76:3 125:8,12,17 76:6,9,14,16 127:21 128:18 76:19 81:13,15 129:7,9,12,14 82:21 83:4,23 129:16,19 84:3 85:2,14 130:5 85:20 86:20 court's 3:15 7:15 87:18 88:9,14 11:6 15:21 90:7,10,14 24:11 26:7 91:2,5,7,11,17 62:17,25 68:1 91:20,23 92:7 69:22 81:12 92:11,14,18,21 91:10 96:15 92:23 93:2,7 97:9 115:22 93:11,17,25 117:17 118:2 94:2,4,17,23 118:21 119:12 95:6,10,14,18 119:20 125:13 95:25 96:9,21 courtroom 7:18 97:2,5,11 99:3 16:9 99:7,9,14,17 courts 55:17 99:24 100:24 117:4,14,16 101:8,14,19,24 118:13 covers 43:11,11 82:3 108:3 credibility 123:12 credible 128:8 credit 125:21 Cricket 72:7 crime 107:22 124:3 criminal 6:20 66:13 105:19 113:9,15,19,25 119:23 121:2 121:14,19,20 123:1 125:12 CROSS 2:3,6 cross-examina... 27:4 86:22 103:13 122:11 cross-examine 4:19 127:18 cuffed 4:14 cumulative 103:21 cups 26:21,23 curing 98:3 126:15 127:12 curious 58:20 current 12:17 D D 4:1 18:20 Dangerous 66:3 data 48:9 51:6 database 42:18 date 1:12 4:23 8:14,15 9:8 14:11,12 15:7 19:23 20:1 22:4 27:21 37:7 38:9 67:3 67:4,12 91:2 93:12,14 94:6 102:18 105:1 125:7 dated 11:15 14:3 14:6 37:20 96:4 dates 43:10,11 70:21 93:20 day 63:9,20,21 67:9,15 68:6 77:16 81:2,5 83:19 90:2 99:21 102:11 105:3 110:21 day's 110:9 days 5:1 73:19 90:20 93:21 DBA 72:6 DDU 42:18 deal 124:18 127:14 128:19 dealer 127:7 dealing 4:11 dealt 5:22 Deborah 1:16 4:9 111:25 deceptive 127:25 decide 110:23 110:25 decided 88:14 decision 118:5 declaration 109:8 declared 109:6 114:6 declines 109:20 deeply 104:14 default 116:2,23 117:21 defend 122:21 defendant 1:5 1:16 4:2 35:18 35:19 73:3 75:20 88:18 92:19 109:16 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. 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PETERS Page 136 109:20 111:14 116:3,24 124:10,13 Defendant's 124:7 defense 6:13 8:7 10:9 11:13 12:10,15 13:11 14:18,25 15:1 16:23 17:7 25:5 37:18 40:20 43:1 44:24 46:13 65:5 70:10 81:20 100:21 101:18 102:5 109:18 122:3,8 122:18,20,23 126:20 127:10 128:14,21,25 defense'[s 116:18 Defense's 2:6,18 3:3,14,15,16 3:17 11:4 13:14 38:1 41:3 43:8 70:18 81:23 90:17 91:10 92:8 112:17 defenses 116:16 degree 115:6 delay 8:18 117:7 117:8 delayed 99:25 99:25 100:1 deliberate 116:15 deliver 71:19 denied 108:6 deny 129:7 department 7:17 10:3,12 12:20 13:7 15:14 16:16,21 21:11,14 36:20 43:24 47:4 61:12 65:20 79:7 87:2 depending 47:16 50:20 DEPUTY 26:23 derived 118:15 description 38:19,21 39:6 39:7,23 40:1 desk 21:18 23:11 31:6,20 32:7,9 32:10 97:17 126:4 destroy 31:11 66:18 destroyed 31:15 117:24 118:18 destruction 118:14 detain 89:3 detained 82:15 88:22 detective 2:24 4:18,19,21 5:8 5:13,18,19,23 6:4,6,19,21 8:8 12:21 14:9 15:12 17:18 23:20 26:17 27:6,8 29:15 30:19 36:17,20 36:25 37:4 41:6 42:18 43:5 45:5,11 45:12,13 46:5 46:5,20 47:1 47:10 49:6 54:25 56:19 60:22 63:23 64:6,10,24 65:13,19 67:19 67:20,20,21,21 77:7,15 79:2,6 84:19 86:24 88:6 90:5 97:13,16 98:8 107:8,12,13 120:1,21 122:11 123:11 125:21 126:10 127:18 128:16 detective's 97:15 112:20,21 detectives 56:21 82:17 89:22 120:7,12,17 detention 89:7 89:21 deter 104:19 determine 23:16 78:12 determined 122:3 deterrence 98:19 100:10 deterrent 104:20 device 49:25 50:11 70:17 77:14 78:20 95:11 devices 78:3 diagram 83:12 difference 102:9 different 10:4 11:10,23 50:21 69:13 73:15,15 121:16,17 digital 1:24 130:6 diligence 98:23 102:5 direct 2:3,6 8:4 8:13,23 9:21 11:17 12:11 13:18 17:19 38:5 46:24 65:17 104:17 115:21 direction 130:9 directly 123:2 disc 93:9 94:19 disclose 41:24 108:18 disclosed 107:18 disclosure 98:1 104:9 106:2 125:19 discoverable 117:24 discovery 3:16 72:19 76:6 92:8 95:13,16 95:23 96:7 97:25 99:18 100:10,17 107:6 108:15 108:16 109:1,3 109:7,11,15,16 109:21 110:5 110:10 112:21 112:22 113:1 113:18,21,23 115:6,9,13 116:10,25 117:2,19 118:10,11,15 119:1,4,13,20 121:1,19,21,22 123:5,7,9 125:10 discovery.' 119:8 discretion 115:11,14 116:8 117:17 118:1 119:6 121:5 discretion.' 119:15 discussed 94:15 discussing 47:6 96:6 discussion 3:16 34:21 92:8 discussions 32:13 disingenuous 128:1 Dismiss 3:17 90:22 107:7 DISMISS/ 125:15 DISMISS/MO... 112:17 DISMISS/SU... 121:11 Dismiss/Supp... 1:8 dismissal 105:23 106:3,4 107:5 112:25 114:3,9 116:1 117:6,12 117:17 118:2,9 119:1,20 121:4 122:4,4,5 123:2,3 dismissed 113:16 116:21 dismissing 124:25 district 4:25 6:20 56:1 82:18 89:22,24 districts 66:22 Division 6:20 DNR 3:5 68:11 68:13 70:13,14 72:21 74:19,20 74:24 75:9 85:11,19 87:3 docket 10:14 110:19 doctor's 91:14 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 137 doctrine 100:12 document 10:16 11:21,24 12:1 13:3 14:19 15:20,25 20:3 37:8 42:21 44:20 61:6,9 71:24 82:23 84:23 documents 7:16 15:8 16:14 28:22 34:2,12 34:16 42:12 94:9 95:22 doing 14:23 16:1 41:20 105:15 126:24 door 58:7 59:5 59:12,13 60:10 60:11 78:17,21 78:22,23 80:2 80:4,12,17,17 80:18,19 87:9 87:10 doors 57:4,5,16 doorway 80:5 Double- 11:15 Double-Blind 2:20 8:10 10:17 12:17,23 13:5,14 double-or-not... 109:23 draw 80:8,9 drawer 32:10 drawn 59:25 60:4,5 draws 53:2 drive 54:5 77:15 driving 53:25 54:13 125:13 drug 127:7 due 106:24,24 107:3 108:23 duties 21:24 duty 41:23 120:18 E E 4:1,1 e-mail 93:21 94:12 96:4,6 e-mails 7:11 earlier 58:12 81:3 128:9 ECU 18:16,25 19:14,23 20:3 22:2,13 23:24 effect 103:22 effective 116:16 effort 31:7,9,11 32:19 94:21 egregious 108:8 108:13 either 13:22 46:3 75:24 92:15,18 103:18 116:21 122:15 electronic 25:21 25:24 26:1 47:3 49:1,25 50:25 52:8 54:17 62:10 85:6 95:1 96:16 107:17 electronically 50:4 Eleventh 93:23 Emergency 114:1,19 ended 28:23 endorses 122:15 ends 109:10 ensues 72:16 Ensure 21:10 enter 8:19 22:8 59:4 entered 8:17 12:15,15 14:1 14:2 59:23 60:21 78:17 96:4 116:22 123:21 entering 15:24 entire 122:5 entirely 16:15 121:16,17 entitled 88:7 107:3 entry 7:17 117:20 envelope 18:22 18:23 22:11,12 22:16,18 equipment 25:13 47:21,22 47:24 48:17,18 48:20,23 49:10 49:12 51:13,14 53:1,2,5 56:5 57:21,23 77:3 85:12 86:4,5,8 86:12 95:1 96:3,3 essentially 60:24 establish 86:24 128:23 estimate 44:4,7 44:9 everybody 16:11 63:8 83:12 111:19 everybody's 24:7 evidence 7:9,12 8:18,20 13:11 13:16 14:3 18:16,25 19:1 22:9 28:21 30:13 31:1 40:21 41:4,14 41:24 42:3,6 100:23 105:6 107:12,14,19 108:4,5,5 117:25 118:14 118:18 119:13 120:13,19,22 120:24 122:2,3 122:5,7,9,19 125:1,2 127:1 127:2,20 128:9 evidentiary 32:14 evolving 28:22 exact 67:4 71:11 82:5 exactly 13:21 25:13 47:5 59:20 60:9 65:24 79:17 80:24 81:1 103:24 124:16 EXAMINATI... 2:2 8:4 37:2 46:24 65:17 examining 4:17 example 53:18 113:25 exception 108:24 excessive 109:22 exclude 128:7,15 128:20 excluded 108:4 108:6 exclusion 119:12 129:5 exculpatory 107:14 120:3 120:11 122:2 124:12 excuse 4:25 5:24 20:7 47:3 58:18 109:2 116:25 excused 129:15 execute 66:5 82:8,9,12 83:1 executed 56:15 61:12 87:23 107:16 executing 82:4 82:25 execution 61:10 83:19 exhibit 2:19,21 2:23 3:4,6 6:25 7:1,2 8:7 10:10 10:25 11:1,4 11:13 12:10,15 13:11,14 14:2 14:18,18,23,25 15:1 16:23 17:8 37:18 38:1 40:20 41:3 43:1,8 44:24 70:10,18 81:20,23 112:14 exhibits 2:17,18 3:3,9 7:23 exist 27:13 existed 29:5 existence 98:1 126:17 expect 11:6,9 experienced 97:16 98:8 explanation 31:19 124:17 125:23 128:10 extended 112:19 extension 118:11 extra 8:20 10:12 extract 76:13 extracting 96:24 97:1 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 138 extraordinary 109:9 extremely 127:20 eyewitness 102:22,24 F face 101:2 fact 41:23 44:3 88:21 96:7 102:3,13,16 103:15 105:5 107:16,21 108:21 110:1 119:3 120:5 122:6 126:8,9 126:18,23 128:5,8 factor 100:11 115:7 factors 97:24 98:19 113:10 118:7 125:19 failing 116:25 117:1 failure 118:9 119:7 fair 23:20 28:18 36:13 43:25 104:14 106:23 107:13 fairly 121:25 faith 100:20,21 120:3 121:2 126:9 Fallon 4:22 5:19 5:23,25 6:3 33:12 familiar 8:11 50:10 71:17 81:11 family 66:12,16 far 33:20 71:6 98:10 119:24 120:2 fashion 115:18 119:6 fashioning 109:12 115:12 fast 115:3 faulty 122:22 faxed 77:6 fear 101:7,12 feasability 98:3 126:15 127:12 feet 57:9,9,17 58:7,18,19 felon 60:2 66:5 female 78:22 field 121:22,24 123:9 125:4,5 file 19:12 23:4,9 23:22 27:10,12 27:13 28:2,5 28:10,14,15,19 28:23,25 29:2 29:5 32:2 41:8 41:12,21 69:7 88:3,5 108:7,9 126:3 filed 90:25 fill 71:16,18 find 25:13 42:5 53:8 68:6 89:8 89:10 91:23 97:13,18 106:11 107:19 107:25 112:24 113:23 118:1 126:5,5,11 128:1,7 finder 122:6 finding 97:13 fine 22:22 43:23 43:23 46:8 50:2 76:3 91:16,18,22 92:6 110:17,24 112:7 114:17 finish 69:20 finished 4:17 first 17:5 48:1 55:23 62:10 66:7 72:5 74:15,17 77:20 80:11,14 94:18 99:1 100:25 106:10 109:5 113:6 124:2 Fish 73:20 five 59:24 60:18 60:19 63:11 flip 14:11 flurry 96:23 focus 66:24 fodder 122:10 folder 18:1 23:18 folders 18:18 follow 30:8 35:9 77:18 follow-up 27:22 followed 18:5 21:10 following 38:21 39:7 40:1 72:15 94:20 96:12 follows 6:14 46:15 65:7 font 16:15 force 65:14 67:17 97:15 125:25 form 19:21 20:4 20:11 69:10 120:25 formal 95:16,22 96:14 forms 18:1,17,19 21:25 forward 33:21 33:25 34:8 105:6,9 found 58:23,24 83:13,15 84:10 84:16 93:3 106:13 112:20 113:18 116:19 117:23 118:19 119:11 127:3 127:21,24 four 113:10 125:18 four-prong 97:24 Fourth 100:12 Friday 91:8 93:8 94:21 96:11 friends 66:12 front 4:14 37:11 39:19 55:5 56:24 57:19 80:2,4,12,17 80:18,19 127:19 fruit-of- 100:11 full 23:21 109:17 fully 102:21 fundamental 104:14 106:23 further 36:24 38:19 39:6,23 44:11 64:4 90:2,4 G G 4:1 gamble 109:23 garment 89:14 gather 24:24 25:7 gathering 45:8 gee 76:7 general 3:7 8:9 11:14 36:19 81:21 82:5,11 98:20 generally 34:6 36:10 generated 28:3 28:14,21,22 generation 48:1 gentleman 47:7 58:22 60:12 gentleman's 128:24 getting 53:16 55:2,4,23 56:2 69:25 125:18 Giglio 100:17 give 15:11 19:3 29:1 44:19 51:17 58:11 59:4 77:4 85:14 96:20 97:1 109:16 124:16 given 10:3 30:18 72:17 79:15 giving 16:13 58:9 75:24,24 Glanvell 67:20 glass 26:10,17 go 6:6,23 8:3 9:19,19 10:13 11:21,23 16:11 16:21 17:3 21:21 27:20 30:1,22 33:15 46:5,23 47:21 48:8,19 49:15 53:13 54:23 56:3 57:18,19 59:3,21 64:24 65:16 66:5,24 71:10 75:7 85:4 86:9 88:11,12,14,15 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 139 90:16 97:7 98:5 101:5 102:10 103:17 104:15 112:16 113:3,5 114:15 114:17 115:3 127:23 goes 103:11 going 4:24 5:24 8:6,13,23 12:10 15:15 16:4 21:21 22:8,11 30:16 42:25 47:6 50:1,19,21 52:1 53:11,12 57:24,25 58:4 68:24 70:9 71:23 73:11 75:17 78:14 80:21 81:16,19 88:1,10 97:9 98:12 101:3,4 102:7,12 103:3 103:14 105:9 105:18 110:20 114:23 127:5,5 128:7,14,15,20 128:20 good 4:5,9 15:11 27:6,7 73:19 106:14 111:18 111:25 good-faith 94:21 GPS 47:19 50:10 grab 48:9 52:7 64:15 grant 99:10 107:7 116:2 128:14,14 granted 3:20 79:23,25 99:11 99:12,23 109:9 grave 115:9 gravest 116:14 Gray 116:13 117:20 great 10:24 102:4 103:21 110:23 greater 109:22 Griffin 1:18 93:4 gross 121:1 grounds 30:15 114:18 guarantee 121:23 guess 4:14 15:14 46:2 59:12 60:11 62:2 72:20 97:7 104:18 127:18 guidance 20:10 guilt 121:17 128:24 gun 35:20 36:5 107:21 108:6 124:17 129:5 guns 36:2 59:25 60:4,5 guy 97:15 55:13 59:11 63:8 64:7,13 64:16,19 77:7 half 38:12 hallway 5:15 hand 6:9 10:2 46:10 49:15 65:2 67:4 87:20 125:22 128:2 hand-held 78:3 handcuffs 89:3 handing 11:21 handles 7:19 9:18 hands 89:1 handset 57:22 87:2 hang 7:6 9:3,17 52:2,3,4 74:14 happen 101:11 happened 47:10 78:2,19,24 79:11,20 happens 52:24 69:19 happy 14:13 114:24 harder 106:16 harm 101:12 H 102:3 105:9 Hailstorm 47:25 harsh 119:2 48:2,9,12,16 hear 59:19 60:9 48:18 49:16 110:14 50:17 56:5,16 heard 130:5 56:17 61:17,21 Heard's 4:12 61:25 62:21 hearing 1:8,12 63:5 85:24,24 4:23 9:8 16:7 86:1 96:3 34:19 42:12 Haley 2:10 69:21 76:18 45:12,13 46:5 85:3 93:9,12 46:5,11,16,20 93:14 105:25 46:20 47:1 111:12 112:5 52:11,13 53:1 129:20 hearings 96:24 Heaver 1:20 hectic 110:21 help 47:7 helpful 98:21 Hendricks 67:20 hereunto 130:13 hey 34:11 Hicks 100:5 hidden 23:11 hide 100:19,22 100:23 hide-and-seek 42:2 hiding 120:19 highest 120:25 hinder 116:15 hinders 50:3 history 66:13 hitting 77:20 hold 68:5 holding 119:12 119:19 126:4 Holloway 20:20 29:10,11,13,16 29:17,20 30:25 31:5 35:17 92:10,15,16,24 93:19 101:4 102:18 Holloway's 30:24 41:11 home 48:22,23 49:5 54:23 79:23,24 80:6 84:11,21,25 108:2 homes 49:16 honest 104:9 Honestly 100:25 honesty 102:6 Honor 4:5,9,16 5:15 6:24 7:3 7:15,21 8:2 10:8 12:6 14:1 14:13 15:5 16:6,13 17:4 24:5 26:5,10 27:1,3 37:9 38:4 39:13 41:1 42:14 44:18 45:4,10 58:6 64:13 70:2 74:13 75:11,14 76:8 76:10 81:14 83:9 88:1 90:11,18 91:6 91:14 94:5 97:8 99:8 100:7 102:21 102:21 103:4 104:12 107:15 108:14 110:1 111:3,8,21,25 112:4,11,15 113:4,10,20 115:4 120:25 121:10,13 124:21,22 129:4,8,11,15 129:18 Honor's 57:23 104:17 106:20 107:6 Honorable 1:10 111:16 hoodie 38:19 39:5,23 hoping 45:4 hospital 29:18 124:2,4 hours 90:21 house 48:24 49:2 50:6 53:19 54:6,17 57:14 59:4,21 59:23 60:3 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 140 63:25 79:3,14 82:24 100:16 80:10,11,14,15 important 83:13,25 86:9 119:24 87:13 impose 108:14 housekeeping 109:13 115:9 12:14 118:8 hundred 67:24 imposed 116:14 hundreds 80:25 128:6 129:1 imposing 116:8 I imposition ID 45:2 105:18 117:5 idea 10:24 98:6 impression 103:7 73:18 identification improper 11:4 18:6 119:22 37:18 38:1 improperly 17:6 43:1,8 70:10 impugn 121:14 70:18 81:23 imputed 120:17 92:24 102:22 inaccurate 102:25 103:1 122:6,9 125:1 identified 9:1 inadvertent 10:10 13:15 110:10 126:12 35:18,18,21 inappropriate 41:4 87:3 88:4 106:2 92:19 102:11 inaudible 26:21 102:17,18 42:16 45:25 103:15,16 46:6,16 92:15 104:3 128:24,25 identifier 19:25 incident 47:8 22:4 48:15,20 89:7 51:12 include 19:23 identifiers 50:22 including 4:7 identify 19:24 18:17 63:11 22:3 29:23 111:23 119:1 36:2,4 45:16 124:5 immediate incredible 112:2 122:10,11 immediately inculpating 95:4 107:19 impacted 123:13 inculpatory impeach 104:8 124:12 impeachment indicate 24:15 104:1 30:1 34:24 importance 35:3 94:6 indicated 15:12 29:15 35:5 36:14 38:23 39:2 43:24 96:6 99:8 124:14 indicating 10:1 39:18 51:16 54:6 57:25 58:1,22 individual 24:24 38:14,15 66:11 66:16 69:14 79:9 80:7 individuals 71:14 84:23 124:1 indulgence 7:16 11:7 15:21 24:11 26:8 62:17,25 68:1 69:22 81:12 118:21 information 5:23 24:23,24 25:6,8,20 33:20,22 45:8 47:18,20 48:14 48:15 50:17 51:10,23 66:15 66:17 68:21,23 69:15 71:17 72:10 76:13 85:9,15 86:11 94:4,25,25 95:3,5,19,20 95:22 96:1,16 96:19,25 97:1 98:13 101:25 102:6 105:3 107:23 108:1 108:18 120:3,6 120:10 informed 107:24 inherent 118:16 initial 27:12,13 28:2,10,14,15 28:19,23,25 29:2,5 30:9 32:2 41:8,12 76:18 108:17 initials 37:22 inject 121:18 injured 104:6 innocence 121:16 inordinate 117:8 inquire 95:9 inquired 4:21 76:10 95:15 inside 48:22 82:16 84:19 Installation 70:16 instructed 107:11 instructing 122:17 integrity 106:25 120:4 121:2 intended 4:21 intention 5:21 intentionally 36:22 97:14,18 107:12,14 126:6 intents 23:10 interesting 7:5 15:18 115:5 interim 96:13 interrupt 124:20 interview 7:10 7:10 27:25 39:1 interviewed 47:12 66:23 interviews 35:5 35:16 introduced 78:25 intrusion 108:2 investigation 6:20 28:18 34:18,20 63:4 66:10,14 107:1 107:3 122:22 123:21 investigations 6:21 125:25 126:1 investigative 18:1 investigator 18:15 19:21 21:25 24:17,19 34:3 123:20 involved 35:3,12 35:17,19 36:10 44:2,5 92:21 123:25 124:2 involvement 61:6,9 123:23 issue 72:20 73:15 76:7 99:2,4,18 114:13 123:8 124:23 127:21 issues 96:7 items 44:17 92:8 94:14,14 J J 1:10 111:16 J-7 3:7 81:22 J-9 8:9 JAC 37:22 jacket 89:13 January 31:23 92:13 96:18 Jeffrey 2:7 6:10 6:19 job 66:12 86:6 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 141 122:12 John 2:10 45:12 45:13 46:11,20 64:15 judge 1:10 4:12 16:8,9 47:14 74:4 77:11 87:5 99:12,22 114:9 123:6 judgment 116:3 116:23 117:21 119:22 judice 119:21 July 65:21 91:3 91:4,5,6 100:1 125:7 jump 95:12 June 1:12 130:6 130:14 jurisdictions 105:12 jury 49:19 104:5 107:11,13 121:24 127:19 127:23 jury's 104:4 justice 109:10 K K 1:16 K-y-l-l-o 108:2 Katie 1:15 4:8 111:23 keep 20:2 21:17 38:17 66:17 85:23 86:5 kept 19:8 23:21 34:15 Kerron 1:4 4:6 24:19 66:25 79:24 80:7 86:6 87:3,21 88:18,21 89:1 111:22 130:4 kind 48:1 50:20 51:19 55:20,20 84:24 95:20 105:9 106:12 110:21,21 122:9 127:17 128:1,13 kitchen 80:15,16 80:19 Klupt 117:13 118:4,24 knew 23:20 25:5 25:24 26:1 63:4 85:6 knock 59:5 knocked 59:12 60:10 78:21 87:9 knocks 59:6 know 10:23 11:23 13:1 26:1 27:19,21 36:20 41:23 42:2 43:2,18 46:1,2 51:5,18 51:20,20,21 52:20 53:21 54:25,25 55:1 55:3,5 57:13 57:19 58:9 60:10,21 61:25 63:14 71:6 73:15,16,19,20 76:7 81:20 84:14 89:13 91:15 93:1 95:5 97:13,16 98:17,20,20 104:17,18,22 106:3 110:21 114:4,6,8,10 114:13 120:2 125:20,21 126:22,25 127:4,25 128:4 129:1,9 knowledge 33:11 59:11 71:11,13 known 23:10 70:17 102:15 knows 127:15 Krongard 117:13 118:5 118:24 Kyles 100:15 104:22 120:18 Kyllo 108:2 let's 13:21 50:7 50:7 66:24 91:25 101:2 103:10 113:14 level 121:21 123:9 125:4,5 129:2 leveling 121:24 Levi 1:16 2:8,11 2:14 3:18 4:9 4:10,17,21 5:7 5:11,18,21 6:1 6:3,24 7:15,21 7:23 8:1,5,22 8:25 9:5,9,13 L 9:16,20 10:8 lack 104:7 10:22,24 11:5 lady 59:13 60:11 11:9,11,25 land 121:17 12:3,6,8,9,13 language 40:16 12:18 13:10,17 last-minute 96:6 14:1,8,21,25 lastly 21:7,20 15:2,4,7,11,18 latitude 72:18 15:21,24 16:3 law 6:13 46:14 16:6,12,13,20 65:6 92:1 16:24 17:1,4,9 100:13 110:3 17:11,14,16,17 112:23 118:23 20:17,19,23,24 119:4 121:20 22:8,10,21,22 122:15,25 22:25 23:3,14 125:10 24:4,9,11,13 lawyer 103:5 25:4,15 26:4,7 lay 121:17 26:12 27:14 leading 30:17 30:14,16 31:16 88:2,3 102:22 31:18 33:5,8 leave 91:24 33:14 34:19 115:4 37:3,6,8,11,13 led 106:2 37:15,16 38:2 left 10:15 27:8 38:4,7 39:12 28:2 104:4 39:15 40:20,25 122:6 127:17 41:5 42:10,11 leg 122:1,4 42:17,20,24 legal 13:7 21:13 43:9,20 44:11 50:3 86:25 44:22 45:4,7 88:17 45:20,21,23 46:1,25 49:21 49:24 50:7,9 52:15,23 53:3 55:15 59:14 61:20 62:17,19 62:25 63:2,3 63:10 64:4,12 65:18 68:1,3 69:2,6,19,25 70:6,8,19,23 71:1,15 73:1,4 73:7,11 74:13 74:16,25 75:2 75:5,16,25 76:5,8,10,15 76:18,20,21 81:12,14,16,18 81:24 82:22 83:11,25 84:4 85:5,21 86:19 87:14 88:1,13 90:6,9,16,18 91:3,8 92:6,9 92:12,22,24 93:8,12,16,18 93:24 94:1,3,6 94:8,10,16,18 94:24 95:8,12 95:15,19 96:1 96:10,22 97:3 97:7 99:1,5,8 99:15,20 100:2 101:7,10,15,20 102:1,3,15,21 103:1,3,12,20 103:23 104:12 104:21 105:8 105:16,22 106:5,8,17,19 106:22 107:11 108:11,13 110:1,15 111:25 112:1,4 112:8,11,14,16 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 142 112:19 113:3,6 113:13,17 114:12,16,18 118:23 125:6 129:5,8,11,15 129:17 Levi's 5:6 33:21 122:14 liberty 119:23 119:25 lied 103:25 lieutenant 33:13 life 102:7 light 112:23 Likewise 119:18 limited 109:20 line 40:7,10 83:5 86:25 98:17 lines 79:6 link 115:20 list 98:19 100:10 listed 9:23 11:14 listen 97:12 little 10:4 11:22 living 84:11,12 locate 25:14 47:7,21,23 48:6 68:18 73:3 75:19 77:14,21 79:24 86:6 87:1,2 located 34:9 68:7 82:16 84:19 89:12 95:4,21 107:21 locating 71:13 87:6 location 19:23 33:23 34:9 45:16 57:20 60:21 63:9 77:22 78:4,9 78:12 locations 47:19 long 32:1 65:19 65:22 71:4 105:25 look 13:2 15:7 15:15 19:16 23:4 29:21,22 55:8 63:19,20 68:21 71:24 79:12,16 80:3 80:6 82:23 83:1 100:25 104:25 126:15 126:25 127:7 looked 23:8 30:4 92:25 looking 11:10 17:22 23:15,17 25:5 48:20 54:3 58:23 60:2 68:21,23 72:5 79:9,22 97:20 109:4 114:5 126:7 looks 10:8 51:14 124:15 loss 98:24 lost 106:25 120:3 121:2 lot 35:24 72:17 lots 49:16 Lotus 2:22 28:12,15 37:6 37:24 38:9,23 40:8,11,17 41:3 93:2 98:6 127:3 loud 18:13 19:20 loved 104:18 Lowery 113:25 114:19 luck 105:2 lucky 106:13 Lutherville 1:22 M M 1:15,18 ma'am 17:21 36:23 40:15 50:16 52:13 54:21 55:21 59:7 66:4,19 67:14,24 68:14 68:16 69:8 71:6,12 72:3 80:20 87:4 machine 49:16 51:11,13 62:21 Madame 7:22 9:11 12:5 17:5 44:19 58:6 70:6 128:13 129:12 making 92:2 114:6 male 38:18,20 39:5,7,22,25 mandatory 108:22 mark 10:24 11:1 17:5 44:20 marked 2:18 3:3 7:8,11 8:7 10:21 11:4 17:6 37:17 38:1 42:25 43:8 70:9,18 81:19,23 Maryland 1:1 1:22 4:6 70:16 106:1 108:20 111:22 115:23 117:4 118:23 119:4,11,19 130:4 master 119:4 material 24:7 104:1 materiality 101:2,9 107:16 matter 4:20 7:20 9:18 102:16 103:15 111:20 130:4 Md 97:21,22 114:20 115:22 116:6,13 117:15,21 118:5,24 mean 18:21 21:21,21 23:17 35:10,11 36:10 39:11 49:19,22 49:22 50:2 55:13 57:9 58:21 63:8,16 66:25 74:7 75:3 76:3 80:1 85:3 88:11 90:20 91:21 97:6,7,8,12,14 98:15 101:1,2 101:11,23 105:12,15 106:5,8,9 108:14 110:19 110:20 123:11 123:19 125:20 126:1,7,13,18 127:9,17,17 128:1 means 22:15 48:8 52:19 71:8 75:5 media 1:24 130:7 Medical 114:1 114:19 meeting 85:18 91:12 members 21:11 67:16,18 80:22 80:22 memorialize 66:14 84:16,18 104:4 memorialized 100:17 memorializing 108:15 message 105:10 metaphorically 50:2 methodically 115:3 Michael 2:13 64:15 65:3,13 microphone 6:17 46:18 65:11 middle 38:8 109:7 Mike 45:11 mildly 42:13 Miller 130:19 mind 91:16 Mine 43:7 minute 13:2 15:19,20 35:24 minutes 78:22 79:22 90:24 misled 73:17 misplaced 69:21 missed 118:20 mistake 121:19 mistrial 4:11 90:22 109:6,8 114:5 Mobile 72:6 model 62:20 moment 26:4 103:14 Monday 93:10 94:20,24 96:12 money 93:3,5 119:24 127:3,7 month 61:17 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 143 62:9 months 28:10 120:9,14 morning 4:5,12 10:13,15 27:6 27:7 90:21 motion 1:8 2:18 3:3,9,17,18 76:4,11 88:2,5 90:21 98:12 107:7 108:7,9 112:5,17 121:11 125:15 128:14 move 8:19 13:10 17:11 40:20 moved 80:5 moving 24:4,22 115:1 MSID 50:23 murder 60:3 66:1 69:20 78:15 80:7 90:25 N N 4:1 N]o 116:8 name 6:18 26:2 29:24 43:6 46:19 65:11 79:2,6 130:14 names 60:20 63:13,17 72:1 narrow 77:21 114:16,18 narrowed 77:22 78:4 nature 30:17,18 66:13 112:21 113:18,20,22 119:14 near 83:15 107:21 nearly 120:9 necessarily 50:3 55:8 114:8 127:5 necessary 5:1 45:9 98:18 109:10,17 necessity 110:23 need 5:23 56:9 63:16 79:12,16 98:13,24 110:25 needed 55:19 negative 21:18 92:25 101:13 126:20 128:12 negligence 126:12 neighborhood 53:25 54:14 neither 116:11 network 52:1 53:12 neutral 115:7,10 never 25:20 50:13 80:9 81:5 86:1 91:16 102:10 102:11,11,17 103:14,15 120:24 new 73:25 Nextel 72:6 nice 129:18 night 123:24,25 no-identificati... 32:11 no-knock 78:17 noise 9:18,18 72:12 75:6 non-complying 116:23 non-contumac... 116:20 Nope 61:11 Nos 1:5 130:5 note 18:2,3 37:6 37:24 38:9,23 40:8,11,17 Note/Progress 2:22 41:3 noted 17:12 118:25 notes 7:9,10 28:13,15 81:5 90:24 93:3 98:6 127:3 nother 110:12 November 43:12 95:17 96:14 120:10 novice 125:24 125:24,25 number 7:23 9:9 19:25 20:3 22:3 37:13 39:10 42:17 43:14,25 44:1 47:13 48:16,21 50:20,24,25 56:7 92:9,12 100:2,7 104:2 104:7 numbered 18:18 114:23 numbers 69:10 Numeral 17:23 17:23,23 numerous 84:22 23:12 25:1,10 26:13,16,21 27:3,5,16,23 29:11,13,14 30:23 33:6,10 33:16 35:8 36:8,24 37:7 40:22 41:1 42:7,16,19,23 43:16 44:6,14 45:6,10,19,21 45:25 46:4,8 49:18 52:10,22 55:6,11 59:9 61:18 62:4,22 63:6 64:2,6,10 64:15,17,20,24 68:25 71:9 72:23 73:23 74:2,4,6,12,17 74:24 82:20 85:1,13 86:21 86:23 87:15,19 88:16 90:4,11 91:4,6,14,18 91:22 92:17,20 93:6,15,19,23 94:5,9,11 95:7 99:12,19 110:16,17,22 110:24 111:2,6 111:8,21,23 121:8,10,13 123:14,16,19 124:11,13,21 125:9 129:4,18 O object 30:16 O 4:1 88:1 o'clock 51:16 objected 99:15 O'Hara 1:15 2:9 objection 8:21 2:12,15 3:19 13:12 23:12 4:5,8,16 5:3,6 25:1,10 27:14 5:15,20,24 6:2 30:14 31:16 6:4 8:21 13:12 33:5,8,14 41:1 42:7 43:16 44:6 49:18 52:10,22 55:11 59:9 61:18 62:22 63:6 64:2 68:25 71:9 82:20 85:1,4,13 87:14 obligation 24:10 100:18 108:16 108:17 obtain 69:14 obtained 68:11 68:13 75:13 108:1 obvious 36:18 obviously 41:17 125:11 128:19 occurred 123:4 October 8:16 10:11 11:15 12:20 14:3,6 odd 126:3 128:3 offending 116:4 116:10,20,24 117:18 offered 3:10 office 21:13 27:10,25 28:6 47:16 85:17 86:17 officer 5:22 102:12 officers 57:13 59:3,23 60:3 60:14 63:11 105:12 107:16 official 1:7 130:11 oh 10:2 15:11 24:11 37:7 56:12 58:19 96:7 102:19 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 144 okay 5:2,10,17 5:24 6:5,16 7:1 8:11 9:13 10:2 10:20,22 11:5 11:21 12:4,10 12:12 13:9,18 14:16,17,22,24 15:17 16:19,25 17:7,10,14 18:13 21:17 22:22,25 24:22 26:3,25,25 28:8,24 29:4,9 29:12,24 30:12 30:15,21 31:3 31:7,13,22 32:4,12,16,19 34:11 35:7 36:7 37:1 39:20 40:19 42:10,15,19,22 43:21 44:4,10 44:11,13 45:1 45:3,18 46:4 46:17 47:22 48:2,22 49:24 53:20,22 54:2 55:7,24 56:8 58:12 64:4,19 64:20 65:9 66:9 68:9 71:2 71:21,25 72:11 72:17,24 73:2 74:3,16,19,20 75:1,3,4,7,12 75:15 76:3,5,9 76:18,19 77:15 77:24 78:2 79:5,11,20 81:1 82:3,14 83:10,23 84:3 84:21 85:3,20 86:3,7,18 88:9 88:13,14,25 89:3,23 90:1 90:10 92:6,11 92:23,23 93:2 93:11,25 94:10 94:17,23 95:14 95:18,25 96:9 96:21 97:2,5 99:2,3,7,7,14 99:24 100:1 101:24 105:6 105:10,20 106:7,18 107:10 110:13 111:4 112:3,8 113:2,12 114:19 118:23 121:8 124:19 125:8,17 128:17 129:10 129:14 ole 73:19 once 6:16 31:4 46:17 47:20 65:9 77:11 87:8 128:11 one's 10:4 14:6 116:18 ones 80:23 86:8 ongoing 41:23 open 93:13 94:20,22 opened 78:22 80:2,4 opens 80:19 operate 61:17 operated 49:10 operation 56:16 56:17 opinion 114:4 114:11 117:14 opportunity 4:18 90:19 104:8 108:7 110:4,8 112:19 opposing 37:8 42:21 70:1,3 98:2 117:2 126:18 OPPOSITION 121:11 option 105:14 optional 108:20 orally 95:15 order 3:7 8:9 11:14 19:25 22:4 36:19 47:14,15 49:7 54:16 55:1,3 55:25 56:2,10 72:21 73:2,10 73:12,14,23,25 74:2,20,22,22 75:2,8,9,23 77:4,9 79:15 79:18 81:21 82:5,7,11 116:10 118:10 ordered 6:11 46:12 65:4 79:14 orders 55:24 75:12 115:16 117:1 original 9:8 18:16,18 84:5 110:6 originally 84:5 originals 94:10 ostensibly 99:17 ought 30:19 108:4,6 128:6 outer 89:14 outrage 98:22 outset 121:19 outside 42:13 59:19,19 outwardly 120:5 overall 107:1 overruled 25:11 30:22 33:9,15 43:17 44:8 52:12,25 55:12 59:10 63:7 71:10 87:18 88:15 overtime 63:22 overturned 117:5 P P 4:1 p.m 111:12,14 129:20 page 9:21,25 11:10,18 12:11 13:19 14:10,11 14:15,23 15:10 15:13,15,16 17:19,22 19:17 21:22,22 37:21 37:23 38:8,12 40:6,7,10 72:5 74:18 109:5 114:23,24 115:24 117:13 PAGE(S) 3:13 pages 9:23 10:19 10:19 13:15,24 13:24,25 15:9 15:20 16:18 114:23 painstakingly 71:23 pants 89:13,15 89:16 paper 43:24 Pardon 26:16 30:16 parentheses 39:24,25 part 3:20 33:22 60:24 71:12 78:6,10 86:1 94:13 111:15 117:9 126:9 partially 128:14 participate 67:6 participated 81:6 particular 18:9 48:20 114:21 117:22 particularly 36:21 parties 125:3 Partnership 72:6 party 98:2 116:4 116:20,24 117:2,9 118:18 126:18 party's 116:9,11 117:18 119:7 pass 12:4,5 patience 17:18 Peck 117:21 peer 49:16 peering 50:1 peers 48:23 pen 70:17,20,20 70:22,23 71:2 71:7 74:22 75:9 penalties 118:25 people 35:3 36:1 36:2,5,9,10 63:4,16 73:19 people's 49:16 percent 57:15,16 67:24 101:16 103:6,8,11 period 43:15 permission 60:6 79:19 permits 122:15 123:2,3 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 145 permitted 115:17 128:23 person 10:15 35:6,10,11,12 35:14,16,18,21 48:22 51:22 89:21 92:21 102:11 person's 53:4 personnel 20:9 20:10 perspective 101:3 pertains 123:1,1 Peters 1:10 111:16 phase 119:4 Phinn 99:12,22 123:6 phone 5:22 38:14 47:12 48:6,8,9,13,24 49:23 50:6,18 50:20,21 51:5 51:6,11,22,24 52:4,8 53:2,4,8 53:9,14,15,19 54:5,6,9,12,13 54:16,24 56:6 72:1,4 73:8 77:3,20 87:6 89:8,10,17,19 108:5 124:17 phones 47:21,23 phonet 10:13 67:20 photo 2:20 10:9 12:17 19:18,24 21:12,18,23 22:16,16 23:11 23:16,21 24:14 27:11,13,14 28:8 29:6,17 30:3,13 31:4 31:22,22 32:5 32:5,11,20 36:21 41:8,11 92:9,12 93:18 93:20 94:12 101:5,13 102:13 103:17 104:8 105:3 107:20 124:5,6 126:20 128:12 photograph 19:24 22:3 photographic 8:10 9:5 10:16 10:17 11:16 12:23 13:5,15 17:25 18:6,17 18:22 19:22 20:8,12,13,14 20:15,16,22,25 21:5 22:1,19 photographs 18:19 30:10 photos 20:1 22:4 66:15 phrases 71:4 physically 84:8 pick 101:6 102:14 103:18 pictures 29:21 29:22 30:5,25 92:25 piece 69:16 106:17 107:19 113:7 ping 52:20 pinging 52:9,16 52:18,19 pings 49:23 50:6 place 59:17 123:23 placed 120:20 plaintiff 117:6 plaintiff's 116:2 116:22 plausible 128:10 play 42:2 100:22 played 125:3 playing 100:22 121:22,24 123:9 125:4,5 Plaza 1:20 pleading 95:17 96:18 please 14:11 17:24 18:4,14 21:9 26:8,14 38:17 39:12 40:11 44:20 46:10 47:2 64:12 65:2 68:1 112:4 129:15 plural 40:14 pocket 52:5 53:19 89:11,13 89:14,15,16,17 pockets 89:11 point 32:16 74:13 88:4,4 97:8 105:13 112:6 121:20 121:21,22 122:15,20 123:21 125:9 125:10 pointed 58:6 pointing 57:23 57:24 points 115:25 police 7:17 10:3 10:12 12:19 15:14 16:16,21 21:14 36:19 43:23 46:21 47:4 60:17 65:20 79:7 87:1,1 102:12 103:18,24,24 104:3 120:19 125:25 policy 22:1 poorly 122:12 122:23 position 5:6 105:8 124:22 possible 61:25 POSTPONE 3:14,15 90:17 91:10 postponement 99:10,11,13,16 postponing 123:7 potentially 126:24 power 118:13 powers.' 118:16 pps 2:20 precision 58:13 58:14 prejudice 97:9 98:2,3,10,14 98:25 99:5 100:3 106:16 115:7,8,10 119:2 126:16 126:17,22 127:11,12 preliminary 35:4 prepare 19:21 21:25 109:17 present 4:2 25:9 41:17 45:10,11 45:12 77:4 111:14 112:1 114:24 123:23 presentation 116:16 presented 120:13,24 President 130:19 presiding 111:17 pretty 48:4 58:21 97:12 prevails 108:3 prevent 100:19 105:9 108:22 116:15 128:20 previously 6:11 6:12,12 8:6 10:10 113:11 117:14,16 Price 67:19 primary 18:15 19:21 21:25 24:16,19 34:3 100:3 123:20 print 66:15 printed 117:13 prior 12:16 32:12 85:18 87:6 93:21 106:11 120:15 probably 45:9 48:3 51:20,21 57:1,15 63:17 problem 104:11 110:19 111:3 Proc 2:20 procedure 20:8 21:4,12 29:17 45:16 66:6 procedures 8:10 9:6 10:9,17,18 11:16 12:17,22 12:23 13:6,15 18:5 21:10 24:15 proceed 88:8 98:12 proceeded 105:4 proceeding 8:19 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 146 12:16 14:3 88:7 95:24 96:5 proceedings 1:7 1:24 130:3,8 process 106:24 106:24 107:3 108:23 112:18 120:4,16 121:1 121:12 123:15 125:16 produced 1:25 6:11,12 46:12 46:13 65:4,5 98:7 proffer 98:14 Progress 37:5,20 39:18 prohibited 107:8 prohibition 41:20 promote 108:23 property 19:1,3 proposition 98:20 prosecuted 105:13 prosecution 121:3 protect 100:19 120:1 prove 58:25 59:1 provide 24:25 30:20 33:1 47:19 110:8 provided 15:14 25:20 27:10 28:5,13 72:25 95:8 provider 72:8 published 8:14 8:15 10:10 12:20 pull 52:1 57:20 purpose 109:14 109:15,21 purposes 12:14 23:11 37:18 43:1 70:10 112:5 put 31:4 32:6,8 32:10 39:18 48:16 51:13 89:1 106:10 108:21 putting 50:10 97:16 126:3,4 R R 4:1 130:19 raise 6:9 46:9 65:2 ran 40:13 124:16 re-call 111:19 re-entering 16:9 re-hand 12:10 re-sworn 6:8 reaching 52:7 read 17:23 18:2 18:13 19:20 21:7,8,24 22:15 24:15 Q 38:3,11 39:4 qualifies 104:1 39:20 40:7,10 question 5:21 110:18 118:4 24:6 25:3 27:9 reading 20:2 28:1 30:17 38:17 39:17 31:17 34:1 51:17 42:9 44:10 real 58:4 128:9 52:16 53:18 really 21:21 51:1 58:12 61:19 60:22 76:16 69:5 72:20 98:18,19,24 75:17 83:3 128:11 85:4,20 86:7 reason 32:8 98:9 101:1 97:17 128:2 103:17 119:10 reasons 98:1 121:6 125:19 questioning rebuttal 90:12 30:19 recall 31:3 questions 5:9 receipt 19:3 20:6,7 21:4,11 receive 66:7 26:12 32:4 92:3 93:7 44:12 64:4 received 3:16 86:19 88:2,3 7:16 15:8 88:10 90:6 42:11 92:4,8 quick 58:5 94:12 96:1 quickly 115:2 recognize 22:12 quite 5:8 69:1 recollection 4:17 72:19,20 98:18 24:8 60:15 127:11 97:3 record 4:2 6:18 8:15 12:14 15:25 16:8,9 19:6 46:19 58:5 65:12 96:5 97:20 99:22 111:12 111:14 117:7 128:5 129:20 130:10 recorded 1:24 130:6 records 47:18 63:19,19 94:5 RECROSS 2:3 2:6 redirect 2:3,6 30:21 37:2 refer 50:2 reference 58:11 58:16 references 97:23 referencing 81:22 83:7 referring 14:23 reflect 126:8 refresh 24:7 refused 29:20 regard 34:18 36:21 regarding 21:4 97:25 register 70:22 70:23,25 71:2 71:7 74:23 75:9 registry 70:17 70:20,21,24 regulation 82:3 related 25:6 95:19,21 120:8 relates 33:22 relay 86:11,16 relevance 33:14 85:2 relevant 98:4 127:16 rely 113:24 relying 57:20 remain 16:2,11 46:9 64:25 125:4 remedy 109:20 115:12 119:6 121:4 122:17 125:2 remember 6:25 56:12,22,24 57:6 60:20,22 67:2,3,4,22 85:23 remiss 127:22 repeat 25:2 rephrase 28:1 report 2:22,24 14:12 19:23 20:4 21:24 37:5,20 39:18 41:3 43:5 61:4 61:13,22 63:20 67:9,10,11 81:2,4,8 82:8 83:6,7 85:18 114:4 127:9 reported 83:15 113:18 REPORTING 19:17 21:22 reports 34:12,15 61:23 62:13 67:13 76:22 82:25 83:8,18 95:3,22 request 3:14,15 90:15,17 91:10 95:16,23 96:14 96:16 99:23 120:8,8,9 requested 120:6 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 147 120:10,14 requests 117:2 required 55:14 55:18 107:18 107:24 120:11 requirement 96:15 104:13 requires 61:13 82:7 research 63:17 112:22 respect 122:22 respond 121:9 responded 10:14 77:25 78:22 120:23 responds 47:13 response 3:19 7:16 14:20 23:13 24:12 27:15 62:18 63:1 68:2 69:24 81:13 82:21 96:14,22 118:22 responses 104:2 responsibilities 24:16 responsible 45:7 46:2 90:1 rested 5:8 result 108:1 results 19:17 21:23 58:25,25 resumes 6:13 46:14 65:6 111:15 retain 18:1 19:1 retrieve 11:5 50:18,19 retrieving 50:24 50:25 return 74:8,10 revealing 116:17 reversal 114:5 reversed 104:24 review 27:10,12 27:13 28:3,10 28:14,16,19,23 28:25 29:2,5 32:2 41:8,12 41:21 90:24 Reviewing 13:3 ride 68:4 right 4:3,13 5:13 6:7,9 7:13 8:3 8:23,24 9:15 11:10,17,19 12:2 13:13 14:22 15:2 16:1 18:23 19:6,8,12,14 21:1 22:13 23:22,25 24:17 24:25 25:9 27:2,18 35:19 36:4,7 39:3 40:4,8,17 41:9 41:12,14,18,21 41:25 42:3,6,8 44:8,15 45:1 46:10 48:6,10 48:24 49:17 50:8,11 52:5,9 52:11,17,24 53:5,19 54:1,7 54:10,14,17 56:25 57:2,10 57:14,22 58:19 58:19 59:1 60:25 64:5,8 64:22 65:2 70:1 71:2 72:25 73:1 74:24,25 75:1 75:3,4,6,10,15 75:15 76:20,23 78:8,15 82:19 84:13 85:7 86:9,20 90:7 90:14,14,16 92:7,15,23 94:2,16 97:5 97:20 99:6 100:4,5,6 101:14,18,19 101:22 102:2,5 103:2,5,25 104:14 105:7 105:24 106:7 106:11,14,15 106:23,23 110:13,14 111:4,4,7,18 112:2,9,10 113:16 114:3 114:10,15 119:25 121:8 123:11 125:17 126:19 129:2 right-hand 9:24 Rihanna 21:1 27:11,17 28:9 31:23 32:6 41:8 92:13 94:11 124:5 Rihanna's 38:14 rise 111:11,15 risk 103:3 Road 1:21 role 47:5,6 room 84:11,12 roughly 43:25 93:14 Rubin 116:13 117:20 rule 107:6 109:2 109:21 118:6 118:11 125:10 rules 36:19,19 36:20 88:8 96:15 100:10 100:17 106:9 108:15,16,20 108:24 109:1 109:15,16 115:13 119:7 120:11 121:21 121:22 ruling 3:20 99:4 125:15 S S 4:1 safely 19:8 sake 12:13 16:20 24:5 sanction 104:15 104:20 105:19 105:20,22 106:19 108:14 109:12,13,23 112:25 115:6,9 116:1,9,22 117:6,18 118:8 118:13 121:7 124:23,25 128:6 sanctions 3:17 90:15 97:25 109:12 116:14 117:9 118:16 128:15 SANCTIONS/... 112:18 121:12 saw 38:18 39:5 39:21,22 88:22 88:25 saying 10:18 58:10,13,17 73:17,24 85:23 92:1 96:18 103:9 122:14 says 8:14 10:19 18:3 39:4 43:10 51:18,19 60:17 68:17 108:20 115:10 115:15 scenario 103:10 scene 124:3 scheduled 96:11 scheduling 4:20 96:7 115:16 scope 42:13 88:10 Scully 115:22 sealed 18:22 search 49:4,5,9 54:19,22,23 55:3,7,8,19 56:1,3,4,6 75:18 81:22 82:1,11,12,25 83:2,19,24 84:1 89:5 95:2 100:13,23 107:17 searches 90:2 searching 54:13 94:6 seat 6:16 46:17 65:9,10 112:9 112:10 seated 16:2,11 84:13 111:19 second 7:6 9:3 9:17 11:7 16:5 24:14 26:8 37:21,23 40:7 40:10 68:5 69:21,23 72:12 74:14 114:14 section 19:17 21:8,14,23 see 13:21 14:12 15:16 19:18 40:12 42:16 48:23 55:8 63:25 64:14 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 148 72:1,4 73:13 73:14 74:3,5 74:15 80:10 84:21,24 93:1 111:5 115:20 127:20 129:9 seek 42:5 100:19 100:22,23 120:19 seeking 72:10 102:5 118:19 122:9 seeks 109:22 seen 43:2 sees 47:14 101:17 seizure 81:22 82:1,12,13,19 82:25 83:2 84:2 95:2 99:21,22 100:13 105:5 Semantics 82:19 send 47:17 50:4 57:12 sending 54:16 57:14 sends 47:15 49:1 sense 92:1 97:8 98:7 sent 96:10 separate 15:22 49:4 54:22 56:4,6 110:3,7 Sequential 8:10 10:17 12:17,23 13:5,14 Sergeant 4:22 5:25 6:1,3 33:12 67:19 serial 48:16,21 50:20,25 series 56:22 serious 127:21 serve 109:10,21 serves 65:25 service 1:19,19 1:25 72:8 Services 114:1 114:20 session 111:16 set 5:8 57:5 64:18 77:19 124:18 sets 97:24 settled 119:5 seven 28:10 79:22 severe 105:18 109:13 she'd 105:5 sheet 43:12 sheets 63:22 Sherry 130:19 shooter 92:19 93:1 124:15,15 shooters 34:25 shooting 6:21 34:22 35:12 40:13 60:3 78:15 123:24 124:1,3 shortly 28:3 shorts 60:16 shot 105:10 show 8:6 9:10 22:11 29:16 37:5,17 42:25 68:17,20 70:9 81:19 82:24 114:22 115:20 122:22,24 showed 30:25 31:4,23 101:5 102:13 103:17 showing 9:4 20:8 21:12 22:6 37:8 42:21 shown 12:19 18:19 19:22 20:1,14,16,25 22:4 30:3 41:13 shows 9:12 68:23 shred 31:9 32:22 shredded 31:14 Shubert 10:13 sic 10:18 13:20 15:9,10,12 26:21,23 36:14 38:18 39:5,22 48:15 50:21 56:20,21 61:23 75:12 84:19,22 92:16 94:14 96:5 98:6 101:15 110:12 114:1,19 117:7 122:19 SID 19:25 22:3 side 118:19 sidewalk 57:2 sidewalks 56:23 signal 50:5 52:8 54:6,10,17 57:8,12 59:4 signal's 51:15 signature 30:4 signed 47:14 49:8 74:4 77:11 87:5,23 significantly 123:13 similar 16:15 100:14 simply 121:13 124:22 single 119:19 sir 44:15 46:7 64:8,14,22 65:1 90:7 112:10 sitting 53:19 57:23 60:12 88:25 101:17 104:6 situated 6:17 46:18 65:10 situation 102:4 108:4 six 28:10 59:24 60:19 63:11 65:23 120:9,14 sloppy 11:22 Smithburg 113:25 114:19 solely 71:13 somebody 7:10 47:12 78:14 79:3 102:7 104:18 someone's 32:17 48:8 54:23 someplace 81:9 soon 88:22 111:1 sophisticated 48:4 126:2 sorry 5:20 6:1 6:24 9:16 10:6 11:9,22 13:23 14:2,18 16:6 18:18 20:18 24:11 25:2 27:2 52:16 67:5 69:19 70:2,15,25 72:24 76:25 80:5,15 85:23 91:5 92:3 93:13 117:14 124:9,19 126:8 126:16 127:10 sort 56:23 63:22 73:18 97:23 98:15 104:17 111:1 113:7 114:7 126:12 127:23 sought 117:10 120:22 sound 105:9 Sounds 56:25 Southwest 4:25 89:22,24 Southwestern 6:20 speak 6:17 45:15 46:18 65:10 83:22 speaks 75:23 Special 109:5 115:23 specifically 68:22 84:12 126:10 speedy 99:2,6 100:4,5 104:15 speedy-trial 100:3 Spenotto 7:10 47:11 Spinatto 2:13 45:11 49:6 54:25 56:20 60:22 63:11,14 64:11,24 65:3 65:8,13,13,19 70:25 71:11 75:11,14,22 77:15 79:2,7 85:16 86:24 90:5 Spinatto's 61:14 spoiled 119:16 spoke 79:21,21 87:9 spoken 102:12 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 149 Sprint 47:16 50:22 51:25 72:5 squad 80:22 stake 119:24 stalling 116:17 stand 6:7,14 46:6,14 64:25 65:6 101:4,16 127:25 standard 113:9 113:9,9 114:22 121:15,16,16 standards 121:18 standing 46:9 65:1 stands 16:8 stapled 12:5,7 start 17:6 46:4 69:20 113:14 started 55:18 96:23 105:25 starting 38:11 39:20 starts 66:7 state 1:1,15 4:6 4:8 6:12,18 7:11 46:13,19 65:5,11 66:25 70:15 90:11 94:20 96:18,19 97:21,23 100:5 100:6,18,21 104:25 105:14 108:18,20 111:21,24 114:3,9,12 120:13,23 121:25 122:1 125:12 126:10 127:4,9 128:18 128:22 130:4 State's 2:3 3:9 4:7 14:18,23 21:13 24:25 25:9,22 28:6 41:7,24 85:9 85:15,17 86:12 86:16 90:12 99:20 102:6 111:23 120:6 120:17 121:11 124:22 stated 38:12,13 38:15,18 39:4 39:21,22 40:12 125:11 statement 124:7 124:9,10,13 statements 29:23 36:14 States 108:3 Status 2:24 43:5 statute 74:1,21 statutory 100:5 stay 91:25 step 16:4 44:15 64:8 90:7 stepped 80:11 80:14 Sticking 31:22 Stingray 5:22 24:7,22,24 25:6,8 45:8,15 47:23 48:1 61:7 73:20 75:2 76:22,24 77:1 85:22,23 96:2,8 98:11 stipulate 43:22 44:3 stood 77:20 stop 55:8 58:4,4 98:17 stopped 38:13 straight 5:1 strike 126:16 striking 125:1 stuff 76:7 98:23 style 16:15 sub 119:21 submission 19:3 22:2 submit 18:15,22 19:22 23:17 69:9,10 submitted 22:12 22:23 23:24 subpoena 7:17 10:14 subpoenaed 10:11 16:3,7 42:11 subscribed 130:13 subscriber 47:18 48:14,14 subsequent 74:21 sudden 102:19 suffered 99:21 suggested 88:6 suggestibility 101:21,22 SUGGESTION 3:15 91:10 Suite 1:21 summarize 35:10,13 45:13 supervisor 4:22 21:3 23:4,8,9,9 23:15 33:12 Supervisors 21:8 supervisory 20:9 20:10 supplemental 20:3 91:1 110:8 supposed 123:12 123:17 supposedly 35:5 supposes 101:10 101:11 103:4 Suppress 3:17 76:4,11 88:2 98:12 108:7,10 SUPPRESS/R... 112:17 SUPPRESS/S... 125:16 Supreme 108:3 120:20 sure 6:17 9:1 10:12 11:8 15:6,23 26:6,9 26:13,15 33:24 38:6 39:14,16 45:19 46:18 48:7 51:8 56:20 57:3,11 57:13,15,16 63:15 64:16 65:10 67:23 69:4,25 70:5 72:19 78:8 81:15 82:5 86:4 89:11 98:18 103:11 106:21 112:13 118:20 127:11 surprise 100:19 108:23 surreptitious 68:18 75:19 77:12 85:12 86:12 95:1,5 95:20 96:2 107:17,23 surrounding 57:2 69:14 72:18 surveillance 25:21,24 47:3 56:7 62:11 85:6 95:1 96:16 107:18 107:24 suspect 33:23 34:20 36:15 38:19,20 39:6 39:10,24,25 95:10 suspected 95:4 suspects 34:22 38:24 39:2 40:12,14 sustain 85:3 Sustained 31:17 42:8 61:19 62:23 64:3 switch 10:4 switching 10:6 sworn 6:13 46:13 65:5 sympathetic 98:16 122:14 system 100:20 100:21 123:1 T T-Mobile 47:17 72:6 t-shirts 60:16 T]he 118:8 table 2:1 3:1 101:18 125:3 tables 74:8 take 6:7 12:25 13:2 46:3,6 64:25 79:12,16 79:18,18 89:16 115:2 128:13 taken 20:1 22:5 takes 110:2,10 123:23 Taliaferro 113:8 113:9 114:22 115:20 118:7 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 150 talk 49:6 talked 24:16 talking 47:23 107:10 126:10 talks 82:24 tape 30:1 tardy 4:11 Task 65:14 67:16 Tauber 115:22 team 46:21 47:2 60:25 68:8 71:12,19 77:2 77:6,25 78:6 78:11 86:2 102:5 technical 46:21 47:2 68:8 71:12,16,19 77:2,6 78:6,11 86:2 technically 77:14 93:8 94:19 technology 26:2 68:18 69:16 71:20 75:19 95:20 telecommunic... 72:8 telephone 51:2 69:10 129:6 tell 5:5 8:7,14 11:12 37:19 43:4,11 47:1 48:12 50:17 59:3 62:3,20 63:12,13 65:19 68:5 70:11 71:7 72:1 78:11,19 79:4 80:24 81:1 82:3,7 91:13 97:12,19 101:2 101:16 103:6,8 telling 72:9 86:6 tells 51:13,15 template 69:12 ten 9:23 10:18 13:23 16:18 ten-digit 50:23 50:23 tenets 30:9 term 30:7 terms 30:8 testified 120:7 testify 45:22 123:12 testifying 6:14 46:15 65:7 107:8 123:18 123:20 124:6 testimony 28:3 120:12 124:8 128:7,15,23 thank 6:2,22 7:15 15:3 16:6 16:13 17:16,18 20:15 23:2 26:19 27:1,2,3 46:22 65:15 70:6 76:8 111:9 121:10 125:17 129:8 129:10,11,17 Thanks 64:13 that'd 127:8 the-poisonous... 100:12 thereof 130:12 130:13 thing 42:13 63:22 85:16 91:21 106:12 111:1 119:25 126:3 things 29:1,4 66:13 103:4 104:7 think 7:1 8:18 10:21 14:6 17:5 22:23 23:1 30:18,19 36:17 45:8 49:23 50:1,3,4 55:18 57:7 70:23 71:7 72:19 73:4 75:21,25 88:3 88:9 90:9,14 90:23 92:6,23 93:22 96:4,11 96:25 97:12,14 97:19,20 98:8 98:14,15,22 99:2,2 100:2 105:17,24 106:24 107:1 107:13,15 108:3,12 110:1 110:9,11,22,22 112:6 114:14 118:4 120:25 121:6,13,18 122:8,16 123:3 124:8,8,20 125:9 126:2,6 126:23 127:1 128:5,12 129:1 Thomas 97:23 125:12 Thompson 67:21 thought 13:23 45:23 80:4 115:4 three 8:18 90:20 91:13 93:14 110:14 128:12 three-week 24:5 throw 31:7 32:19 thrown 31:14 Thursday 91:9 time 13:10 16:14 18:8 19:23 28:4,14 32:1 34:19 39:1 41:12 43:15 53:11,12 55:13 61:21 62:10 63:19 71:5 77:22,25 78:21 80:6,8,21 82:15 86:25 87:12 89:5,16 89:21 90:20 95:12 96:13 105:25 106:10 106:13 109:17 110:15,20 112:6,22 115:2 timely 108:7 117:1 times 55:21 58:3 61:15 128:12 titled 21:8 today 4:23 10:3 12:20 16:16,22 45:24 91:9 told 38:15 78:25 81:3 84:19 86:8 103:23,24 tomorrow 110:20 top 8:14 9:24 17:22 43:10 60:17 topic 24:4 Toronto 117:21 total 42:17 tower 48:19 50:6 52:20 53:2,7 53:10,13 105:10 trace 68:11 70:17,20,21 71:2,8 73:7 75:9 track 66:17 77:3 tracking 50:11 traffic 66:1 trained 71:19 86:5 transaction 35:12 transcribed 7:20 7:25 130:9 TRANSCRIB... 130:1 transcript 1:7 1:25 130:10,11 transcription 1:19,19,25 Transcriptionist 1:18 translates 22:6 transmission 49:1 transport 66:21 transported 82:17 trap 68:11 70:17 70:20,21 71:2 71:8 73:7 75:9 treated 115:17 trial 19:8 20:18 69:20 74:8 90:19,25 91:2 96:10,12 99:2 99:6,21 100:4 100:5,19 101:11,12 102:19 103:3,5 104:14,16 105:1,4,4 106:11,23 108:22 115:11 116:21 119:5 119:12,19 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 151 120:15 125:6 127:15 128:19 trickled 96:25 trier 119:3 Trigger 73:20 truck 57:20 true 27:12 28:8 28:12 29:20 104:13 130:10 trust 106:25 try 32:22,24 53:13 81:16 91:20 115:2 trying 58:11,14 115:3 Tuesday 96:12 turn 37:4,21 40:6 turned 5:11 85:16 89:20,21 turns 9:17,18 72:12 75:6 twice 128:11 two 4:25 13:20 15:9,10,11,13 15:15 16:14 27:8 34:22,25 35:3 36:1,2,4 38:24 48:3 57:4,5 91:12 92:12 93:15,16 100:7 103:4 120:15 126:19 126:19 128:12 type 106:11 typed 28:13 ultimates 105:22 Um 14:21 94:3 Um-hum 49:21 62:15 67:1 70:7 71:3 72:23 76:15 82:10 103:12 unable 76:12 unclear 40:3 uncooperative 30:8 uncovered 98:23 uncuffed 112:4 understand 18:21 33:24 42:23 49:23 52:18 58:15 73:6 91:24 92:14 98:16 understandably 124:23 understanding 12:21 13:4 35:15 53:17 55:22 56:8 114:12 unfair 114:7 unfortunately 29:1 106:15 128:18 unique 19:25 22:3 104:24 105:8 unit 6:21 18:16 18:25 45:13,14 46:21 47:12 56:21 63:16,18 U 87:9 U-shape 56:22 United 108:2 56:23 unknown 38:14 U-shaped 57:2 38:18,20 39:5 ultimate 101:20 39:7,22,24 101:21 116:1,9 unrelated 7:19 117:5 119:25 7:24 9:18 unwilling 106:22 107:6 update 14:15 updated 14:4,10 14:12 15:7 16:17 upheld 106:3,4 112:25 116:3 117:16 121:6 upholds 115:5 use 30:7 45:15 50:5 53:13 54:12 56:4 61:21 68:9,18 70:16 75:19 76:24,25 77:2 77:10 114:23 122:18 128:23 utterly 126:5 vest 60:17 vests 60:16 victim 104:6 victory 128:25 video 1:24 130:7 view 33:18 109:11 125:21 viewed 30:10 viewing 115:6 violated 36:19 99:6 violating 104:15 violation 100:4 100:8,9,14,15 100:16 105:17 106:24 108:13 108:25 109:7 110:5,11 112:20,22,23 113:19,21,23 115:12 116:9 119:13,21 123:5,7 126:24 violations 110:2 112:18 113:1 121:12 125:16 Virgin 72:6 50:2 53:21 64:10,22 67:19 69:25 72:11 88:6,11 91:23 97:6 100:7 104:16,19,19 104:20 105:21 105:22 111:19 121:9 wanted 31:13 55:25 66:11,11 71:14 75:19 76:12 79:9 80:7 115:20 118:20 wants 128:21 warned 109:19 warrant 33:22 47:7,11 49:4 49:14 54:20,22 V 55:9,19 56:1,4 v 1:3 97:21,23 56:4,6,16 100:15,16 60:24 61:10 104:22 113:25 65:14 66:5,8 114:19 115:22 66:11,22 67:16 116:6,13 71:16 75:18 117:13,20,21 79:10 81:25 118:4,24 82:1,8,9,13,25 W 120:18 125:12 83:2,19,24 130:4 W]here 117:23 84:2 87:20,23 valid 116:24 wait 15:19,19 88:18 107:5,17 validity 76:11 35:24 warrant's 61:12 76:14 waiting 77:21 warrantless value 32:14 walk 113:19 108:1 vehicle 50:11 walked 60:3,12 warrants 55:3 59:18 60:12 65:25 66:1,2 verbatim 79:4 walking 38:21 71:14 75:13 Verizon 47:16 39:3,8 40:1,3 80:25 81:22 72:7 wall 48:23,24 82:4,6,12 95:2 version 16:18 49:2 wasn't 44:22 115:24 122:7,9 want 4:3 12:25 83:23 125:1 13:2 24:6 water 26:11,18 versus 4:6 66:25 34:12 42:14 WATF 33:20,21 111:22 44:17 45:20,22 45:6,11,17 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 152 47:11 56:20 59:6,8 65:22 65:24,25 wax 110:12 way 4:20 23:15 34:11 38:12 40:12 57:25 58:1 66:7 101:21 107:4 114:11 122:23 we'll 10:4 17:6 we're 7:13 10:23 14:23 15:24 39:16 47:6 52:1,14 57:15 57:20 61:16 72:19 76:6 79:9 88:7 90:9 90:15 96:25 100:8 105:8 108:15 110:11 111:9 we've 32:13 76:12 96:24 106:25 weak 116:18 weapon 80:9 83:16 weapons 80:8 wearing 38:19 39:5,23 60:14 wee 90:21 week 105:4 weekend 94:22 weeks 8:18 27:8 93:14,15,16 120:15 welcome 64:14 went 55:25 56:15 64:1 73:21 80:17 83:13,25 84:1 95:23 Westlaw 115:24 whichever 45:7 white 9:17,18 67:20 72:12 75:6 Whitely 100:15 104:22 120:18 wilful 116:11 willful 105:18 108:25 110:2,5 110:11 112:20 112:21,23 113:1,18,20,22 117:11 118:19 126:13 willfully 117:25 119:17 120:2 Williams 47:14 67:21 74:4 87:5 windfall 109:22 121:23 125:11 Wireless 72:7 withe 89:19 withheld 97:14 97:18 107:12 107:14 120:2 126:6 127:20 withhold 119:17 withholding 126:14 128:9 129:2 witness 6:11,14 8:1 11:22 17:1 30:18 35:16 44:16 46:12,14 64:9,25 65:4,6 90:8 93:4 102:7 123:8 130:13 witness's 38:5 witnesses 2:3,6 34:21,24 36:13 36:14 99:21 woman 87:10,12 word 38:12 words 52:9 work 53:5 worked 65:20 working 63:21 77:8 works 45:13 worms 110:12 worried 76:16 wouldn't 23:10 61:1 98:7 101:10 102:15 write 29:23,24 61:22,23 67:9 67:11,13 81:2 82:7 83:5,8 writing 61:13 82:24 written 83:18 wrong 93:20 128:5 wrongful 102:23 wrote 61:4 62:13 66:22 67:10 81:3,5,8 83:7 York 1:21 young 59:12 60:10 Youngblood 100:16 111:22 114149007-009 1:5 130:5 11s 14:15 11th 93:24 94:11 12 2:21 8:24 Z 37:14,15,18 38:1 40:22,23 0 40:24,25 41:3 007 20:4 51:15 97:15 009 4:7 111:23 111:15 117:13 03:15:57 111:14 12:12:12 111:12 03:37:40 129:20 121 3:19 125 3:20 1 126 117:15 1 8:7,25 9:9 118:5,24 10:10 11:10 12th 94:13 12:15 14:18 13 2:20,23 40:20 19:20 21:24 43:1,8 44:24 38:20 39:11,25 44:25 51:15 1301 1:21 1.1 20:2 134 116:7 1:00 51:18,19 10 7:3,11 57:17 138 115:22 14 3:4 65:21 10:18:43 4:2 70:10,18 10:33:15 16:8 15 3:6 81:20,23 10:37:17 16:10 X 15th 94:6,13 100 101:16 95:7 103:6,8,11 Y 173 114:20 101 126:1 yard 58:19 179 117:15 11 2:19,20,20 yards 51:21 118:6,24 7:4,14 9:22,25 58:18 1999 117:15 10:19 11:1,3,4 yeah 47:25 118:6,24 11:13,18 12:11 52:13 57:7 12:11 13:11,14 1st 43:12 58:9 62:2 13:15,19,20,24 64:16 102:19 2 13:25 14:15,18 2 20:5 34:20 year 67:25 80:25 14:23,24 15:1 80:25 38:20 39:6,11 15:10 16:18,23 years 48:3 55:21 39:24 51:15 17:8,19 21:22 2-433 118:6 65:21,23 97:15 11:35:26 72:14 yep 45:25 46:8 2:00 57:24 11:36:31 74:9 yesterday 4:11 2:30 91:15 11:37:01 74:11 90:25 20 51:21 57:8,9 112 3:18 yields 109:24 58:18,18,18 114149007 4:7 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015 STATE OF MARYLAND VS. KERRON ANDREWS June 4, 2015 BEFORE JUDGE CHARLES J. PETERS Page 153 20-feet 58:13 2001 115:23,23 2007 114:20 2008 43:12 44:1 44:4 2011 109:6 2013 8:16 10:11 11:15 12:21 14:4,7 2014 37:20 38:10,24 41:4 87:24 92:10 95:17 2015 1:12 31:24 43:13 44:5 92:13 94:1 96:18 120:14 130:6,14 208-2776 87:2 21093 1:22 215 97:21,22 21st 93:17 22 15:20 22nd 8:16 10:11 11:15 12:21 14:4,7 24 130:14 24-hour 67:10 67:11 81:4,8 83:7 85:17 246 117:21 268 117:21 27 2:9 270 117:21 28th 43:12 2nd 91:4,6 100:1 125:7 30th 37:20 38:10 38:24 318 43:24 35 57:1 116:13 37 2:8 38 2:22 399 116:13 3rd 95:17 100:1 123:22 5th 87:6,24 123:22 4 4 1:12 17:23 130:6 4-252 88:5 4-263 100:9,10 4/30/14 2:22 4/30/2014 37:6 4:00 57:25 40 51:19 41 2:22 423 115:22 43 2:24 443 87:2 46 94:13 47 2:11 480/13 18:19 481/13 18:20 482/13 18:20 19:22 20:12 483 97:22 4900 56:12 7 70 3:5 7th 96:4,23 107:25 6 6 18:13 21:22 601 1:21 63 116:6 65 2:14 662 114:20 8 8 2:8 7:1 114:24 80 51:18 81 3:7 86 2:15 9 9 7:2,3,7,9 90 3:14 91 3:15 92 3:16 99 57:15,16 5 5 9:21,25 11:18 11:20 12:11 13:19,20 14:23 15:9 17:19,23 17:23 58:7 115:24 3 5-feet 58:14 3 51:15 58:19 5000 77:23 3:00 57:24 111:5 5032 56:14 78:4 111:6 78:20 82:16 30 41:4 57:1 84:20 88:23 30-day 108:17 ACCUSCRIBES TRANSCRIPTION SERVICE 410-466-2033 410-494-7015