CCCR-310 No. Trial Judie MARY MAXWELL THOMAS Reviewing ::cCourt No. _~95....;:-O~89~5_ _ _ _ _ __ THE PEOPLE OF THE \.0 C >, STATE OF ILLINOIS vs. N o GERALDO IGLESIAS .£ from CIRCUIT COURT of .COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CRIMINAL DIVISION VOLUME 5 OF 5 .JRELIA PUCINSKI Clerk of Court ';', ~. .' , REPORT OF PROCEEDINGS Per __~M~/N~ID~____~_____ Deputy 1 STATE OF ILLINOIS 2 COUNTY OF COOK 3 ) ) ) SS: IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT-CRIMINAL DIVISION ·4 5 THE PEOPLE OF THE STATE OF ILLINOIS vs ) ) ) ) ) 6 GERALDO IGLESIAS Case No. 93 15199 Charge: Murder Before: JUDGE MARY MAXWELL THOMAS December 15, 1994 7 JURY TRIAL 8 RECORD OF PROCEEDINGS had in the hearing of the 9 above-entitled cause. 10 APPEARANCES: 11 12 13 14 HON. JACK O'MALLEY, State's Attorney of Cook County, by MR. DAVID STUDENROTH, and MR. PRADEEP ROY-SINGH, Assistant State's Attorneys, appeared on behalf of the People of the State of Illinois; 15 16 MR. JOHN DeLEON, appeared on behalf of the Defendant. 17 18 19 20 21 22 23 ROCHINA V. CHOLEWA License No. 084-000824 Official Court Reporter 2650 S. California Chicago, Illinois 60608 24 U-1 SEP 1 B' '1995 1 DATE OF HEARING: February 15, 2 PAGE NUMBERS: U-1 to U-106 1994 3 DX CX RDX RCX RDX 4 34 54 56 57 4 LIST OF WITNESSES 5 HUGO RODRIGUEZ 6 AFTERNOON SESSION---------------------------------59 7 OFF. JOSE ZUNIGA 60 8 GERALD J. 73 9 DET. RENALDO GUEVERA GINNELLY 81 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 U-2 67 71 97 101 103 II L j -~---~---~---~--~ 1 2 3 Date of Hearing: 4 Pages: December 19, 1994 W-1 to W-69 5 JURY TRIAL 6 Instruction Conference 7 W-2 Opening Argument by Mr. Roy-Singh W-4 8 Closing A~gument by Mr. DeLeon W-12 9 Rebuttal Argument by Mr. Studenroth 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 Jury Charge Verdict W-39 i-J-63 Jury Polled W-64 W-31 1 2 3 I N D E X; DIRECT Next Continuance Date Pgs. CROSS 2/7/95 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Y-6 Y-l to Y-6jl/26/95 REDIRECT RECROSS 1 2 Date of Hearing: February 7, Number of pages: Z-l to Z-18 1995 3 4 5 PROCEEDINGS 6 7 Motion for new trial ------------------------------- 5 Denied -------------------------------------------- 15 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Z-2 INDEX P.V. Geraldo Inglesias 2-23-95 AA 1-29 Sentencing (Whereupon, 1 2 a discussion was had outside the presence of the jury.) 3 THE CLERK: 4 THE COURT: Your first witness, do you have any 5 6 7 8 People versus Geraldo Iglesias. idea how long that would be? MR. STUDENROTH: Probably long. maybe get the direct in. THE COURT: Bring out the jury. (Whereupon the jury was returned 9 to open court.) 10 11 12 THE COURT: 15 16 17 18 19 20 21 22 Good afternoon, ladies and gentlemen. state, you may call your first 13 14 I suggest we can witness. MR. ROY-SINGH: At this time we would like to call Hugo Rodriguez. THE COURT: Mr. Interpreter would you state your name and raise your hand to be sworn. MR. LOZA: Juan Loza, L-o-z-a. (Whereupon, the interpreter was sworn.) THE COURT: You may be seated. Proceed. 23 24 HUG 0 ROD RIG U E Z, U-3 1 2 called as a witness by the State's Attorney herein, 3 having been first duly sworn, was examined and 4 testified as follows: 5 6 DIRECT EXAMINATION 7 By: Mr. Roy-Singh 8 Hugo, could you please introduce yourself 9 Q. 10 to us? 11 A. My name is Hugo Rodriguez. 12 Q. For the court reporter would you spell you 13 last name? 14 A. R-o-d-r-i-g-u-e-z. 15 Q. Hugo, 16 that time? 17 A. 5916 North Paulina. 18 Q. Who did you live there with? 19 A. With some friends. 20 Q. Were you working at that time? 21 A. Yes. 22 Q. Where did you work? 23 A. In a cleaners. 24 Q. Hugo, on June 7, 1993 where did you live at on June 7th, U-4 1993 at about 2:30 P.M. 1 did you leave your house? 2 A. Yes. 3 Q. Who did you leave with? 4 A. With friends. 5 Q. Who were these friends? 6 A. Jose Hamel (ph. 7 sp.), Jesus, Monica, and -- what is her name -- Mercy. 8 Q. Where did you all go? 9 A. Took for a ride. 10 Q. When you went for a ride. Where did you all go? 11 12 A. To the school, high school. 13 Q. What high school? 14 A. Senn High School. 15 Q. From there where did you go? 16 A. To pay an electric bill. 17 Q. And who paid the electric bill? 18 A. Mercy and a friend, 19 Q. And then from 20 Jose. after paying the electric bill where did you all go then? 21 A. To Mercy's house. 22 Q. Is that the house that was located at 2135 23 24 North Sawyer? A. Yes. U-5 1 Q. Hugo, you have been convicted before of 2 burglary on September 8th, 1993 and given one year 3 probation by Judge Mahon? 4 A. Yes. 5 Q. And currently you also have a burglary case 6 pending in the system? 7 A. Yes. 8 Q. And the next court date is 12/19 in Skokie? 9 A. Yes. 10 Q. Hugo, you were served with a subpoena to 11 appear before Judge Thomas on 12/12, on December 12 12th, 1994; were you not? 13 A. No. 14 Q. You were supposed to appear before Judge 15 Thomas here in the courtroom on this case as a 16 witness on December 12th, 1994? 17 A. Yes; oh, yes. 18 Q. And you were also served with a subpoena 19 asking you to appear here? 20 A. Yes. 21 Q. You did not respond when the case was 22 called? 23 A. No. 24 Q. And a warrant was issued for your arrest; U-6 1 right? 2 A. Yes. 3 Q. And you are now also brought here before 4 Judge Thomas on that warrant? 5 A. Yes. 6 Q. And you also have a case pending before 7 Judge Thomas for failing to comply with a subpoena? 8 A. Yes. 9 Q. When you arrived at 2135 North Sawyer about 10 what time did you arrive there? 11 A. Between 3:30 and 4:00. 12 Q. When you arrived where did you park your 14 A. In the alley. 15 Q. This is an alley behind the house? 16 A. Yes. 17 Q. And at that time did Monica get out of the 19 A. No. 20 Q. When you arrived at the alley did Mercy get 13 18 21 car? car? out of the car? 22 A. Yes. 23 Q. Did you all wait or did you leave 24 immediately? U-7 1 A. We waited. 2 Q. What were you waiting for? 3 A. For Mercy to show us her niece. 4 Q. Did she come back? 5 A. Yes. 6 Q. Did she have the baby with her? 7 A. Yes. 8 Q. Did she show that baby? 9 A. Yes. 10 Q. After she showed that baby to you all did 11 your car move? 12 A. Yes. 13 Q. When your car moved out of the alley where 14 15 was everybody sitting in the car? A. Jesus was by the steering wheel. 16 was in the front part. 17 side. 18 side. 19 20 Q. Monica Daniel was in the left I was in the middle. Jose was in the left When you say Daniel was on the left side is that your left side? 21 A. Yes; 22 Q. Behind the driver's seat? 23 A. Yes. 24 Q. As the car pulled out of the alley on what to the left. U-8 1 street where did the go to? 2 A. Sawyer. 3 Q. And then in which direction did it turn? 4 A. North. 5 Q. Would that be a right turn? 6 A. Yes. 7 Q. At this time was Mercy still there? 8 A. Yes. 9 Q. Where was she at this time? 10 A. The sidewalk. 11 Q. Was there anybody in the car talking with 12 Mercy? 13 A. Yes. 14 Q. Which direction was Mercy walking? 15 A. To the north. 16 Q. As the car was moving and the people in the 17 car were talking to Mercy did you hear anything? 18 A. Yes. 19 Q. What did you hear? 20 A. "King love" and shots. 21 Q. How many shots did you hear? 22 A. Five. 23 Q. What did the car do at this time? 24 A. Accelerated. U-9 1 Q. What did you do? 2 A. I ducked down. 3 Q. When you ducked down what did you do next? 4 A. I 5 looked up right away and that is when I saw the one that was shooting. 6 Q. When you saw it did you turn your head? 7 A. No. 8 Q. After you ducked down and you saw him did 9 you turn your head at this time? 10 A. No. 11 Q. From what -- From what part of the car did 12 you look out from? 13 A. Through the window of the door. 14 Q. And this is the passenger window? 15 A. Yes. 16 Q. The rear? 17 A. Yes. 18 Q. Was the window down or up? 19 A. Down. 20 Q. At that time who did you observe at this 21 time when you looked out of that window? 22 A. The one that had shot at us. 23 Q. Do you see this person here in court today? 24 A. Yes. U-10 1 2 wearing? 3 A. 4 MR. 5 6 Could you please identify him by what he is Q. White shirt and a gray tie. ROY-SINGH: Judge, may the record reflect in-court identification of the defendant? THE COURT: Record will so reflect. 7 BY MR. 8 Q. When you saw him where was he standing? 9 A. By the side of a tree. 10 Q. Was this on the same side of the street 11 ROY-SINGH: where your car was? 12 A. Yes. 13 Q. Where was he standing in relationship to 14 your car? 15 A. In front. 16 Q. On the same side of the street or opposite 17 side? 18 A. In the opposite side. 19 Q. Was there anything obstructing your view at 20 this time? 21 A. No. 22 Q. When you saw him at this time in which 23 24 direction was his body facing? A. Toward us. U-ll 1 Q. What did you see him do at this time? 2 A. That is when he was hiding something. 3 MR. 4 ROY-SINGH: Your Honor, if I may ask the witness to stand up and show Stand up. 5 THE COURT: 6 THE WITNESS: When I 7 something. 8 BY MR. 9 Q. 10 doing? 11 A. 12 MR. saw that he was hiding ROY-SINGH: Can you show us exactly as to what he was More or less like this. ROY-SINGH: If the record may reflect with 13 the left hand holding the waistband, with the right 14 hand he was inserting it in the waistband. 15 THE COURT: Record will so reflect. 16 BY MR. ROY-SINGH: 17 Q. After you saw him do that what did you do? 18 A. I ducked down again. 19 Q. What did you do next? 20 A. The car had accelerated already and I 21 turned back again. 22 us and I 23 24 Q. That is when he was staring at saw his face. When you turned back this time in which direction did you turn your head? U-12 1 A. Toward the back window. 2 Q. Is that the window through which you looked 3 through? 4 A. Yes. 5 Q. And when you saw the defendant was he 6 standing in the same place where you had earlier 7 seen him? 8 A. More or less. 9 Q. Which direction was his body facing? lOA. Toward us. 11 Q. Could you see his face? 12 A. Yes. 13 Q. At this time what else did you see him do? 14 THE INTERPRETER: Could you repeat? 15 repeat the question? 16 question. 17 BY MR. 18 Q. Could you I think I asked the wrong ROY-SINGH: When you saw the defendant standing and 19 looking in your direction as you were looking out 20 from the back window what else did you see him od? 21 A. He turned around and he put the hood on. 22 Q. Then what did he do? 23 A. He started running south and he went 24 through the alley -- through the alley. U-13 1 Q. Did you see him enter the alley? 2 A. Yes. 3 Q. At this time where was Daniel Sanchez? 4 A. He was still ducked down. 5 Q. After you made that observation what did 6 you see? 7 A. I asked if everything was fine. 8 Q. At that time did you notice anything? 9 A. I saw that Monica was ducked down. 10 11 she was not saying anything I MR. reflect he turned, 13 THE COURT: BY MR. 15 Q. 16 lift up her head. ROY-SINGH: You say -- If the record may 12 14 Since he tilted his head to his left? Record will reflect that. ROY-SINGH: When you saw her duck down in which direction was her head? 17 A. Like this. 18 Q. Was that towards the driver? 19 A. Yes. 20 Q. When you lifted her head what did you 21 notice? 22 A. She was bleeding. 23 Q. Then what did you do? 24 A. Well, we went to Fullerton to gas station. U-14 1 2 Q. When you arrived at Fullerton at the gas station did you again observe Monica? 3 A. Yes. 4 Q. At that time was she talking? 5 A. No. 6 Q. Did you see her move? 7 A. Yes. 8 Q. Where was she? 9 10 Could you describe as to how she was in the front passenger seat? A. 11 moving. 12 MR. She was just like this and she was still ROY-SINGH: Judge, if the record may reflect 13 he is indicating tilting his head on his body to his 14 left. 15 THE COURT: Record may reflect. 16 BY MR. 17 Q. Were the police called? 18 A. Yes. 19 Q. Was the ambulance called? 20 A. Yes. 21 Q. And did they arrive there? 22 A. Yes. 23 Q. And as you were in the police station did 24 ROY-SINGH: you notice any damage to the car? U-15 1 A. When what? 2 Q. While you were at the gas station did you 3 4 5 6 7 notice any damage to the car? A. No, until the police officer showed us that a bullet had gone through. Q. Hugo, when the police arrived did you have a conversation with the police? 8 A. Yes. 9 Q. Did you tell them what happened? 10 A. Yes. 11 Q. At that time the officer that you talked 12 to, was he wearing a uniform or plainclothes? 13 A. Regular clothes. 14 Q. And at that time did you give this officer 15 a description of what the person was wearing? 16 A. Yes. 17 Q. What description was that? 18 A. At that moment I only noticed that he was 19 20 21 wearing all black. Q. Did you later give a physical description of the person who you saw do the shooting? 22 A. Yes. 23 Q. Where was that? 24 A. At the police station at Grand and Central. U-16 Q. Do you remember the officer who you talked 3 A. No. 4 Q. Was he plainclothesed or in uniform? 1 2 to? A. 6 Q. What description did you give this officer? 7 A. That he was Latino, he was wearing black, 8 he didn't have a moustache and -- and more or less 9 he was about 18 years old, he weighed about 140 10 11 12 pounds. Q. What did you tell the officer as to how tall he was? 13 A. About five-seven. 14 Q. What did you tell the officer as to the 15 color of his skin? 16 A. Of his what? 17 Q. Color of his skin? 18 A. More or less white. 19 Q. Did you tell the officer -- When you told 20 the officer he didn't have a moustache did you tell 21 the officer whether he had a beard or not? 22 A. No. 23 Q. He was clean shaven; 24 A. Yes. U-17 right? 1 THE COURT: Are you saying that you told the 2 officer he was clean shaven -- that you told the 3 officer? 4 5 6 7 THE WITNESS: Well, that he did not have a moustache or a beard. THE COURT: No, my question is that what you told the officer? 8 THE WITNESS: Yes. 9 THE COURT: Okay. 10 BY MR. ROY-SINGH: 11 Q. You don't know him from before; 12 A. No. 13 Q. Now, Hugo, directing your attention to the do you? 14 24th of June, about 30 minutes after midnight, where 15 were you at that time? 16 A. At the police station. 17 Q. How did you get to the police station? 18 A. They went to get us to our house. 19 Q. When you were at the police station did 20 they show you anything? 21 A. Yes. 22 Q. What did they show you? 23 A. Some pictures. 24 Q. And when you were shown those pictures did U-18 1 you identify them? 2 A. Yes. 3 Q. Before you were shown those pictures what 4 did the police officers say to you? 5 A. That if I recognize anyone. 6 Q. Did the officers tell you that they had the 7 shooter? 8 A. No. 9 Q. Did the officers tell you as to who to 10 point out? 11 A. No. 12 Q. When you saw the photograph of the shooter 13 did you recognize him immediately? 14 A. Yes. 15 Q. Were you sure of your recognition? 16 A. Yes, because I 17 -- I say that I would never forget his face. 18 Q. Do you see this person here in court today? 19 A. Yes. 20 Q. Would you please identify him once again by 21 what he is wearing? 22 A. 23 MR. 24 The one that is sitting there. ROY-SINGH: May the record once again reflect in-court identification of the defendant? U-19 Record will so reflect. 1 THE COURT: 2 MR. ROY-SINGH: May I approach? 3 THE COURT: 4 5 You may. BY MR. ROY-SINGH: Q. Hugo, I am showing you what has been 6 previously marked as People's Exhibit No. 7 Your Honor, 8 9 10 11 15. if the record may reflect I had earlier shown counsel these photographs. THE COURT: All right. MR. DeLEON: Right, your Honor. BY MR. ROY-SINGH: 12 Q. You recognize this? 13 A. Yes. 14 Q. What do you recognize this as? 15 A. This is the alley right here where he left 16 17 18 running. Q. I am asking you to mark with an arrow in the direction that you saw him run inside the alley? 19 A. 20 MR. ROY-SINGH: Judge, 21 22 23 24 (indicating.) if the record may reflect he is marking with an arrow. THE COURT: Record will so reflect. BY MR. ROY-SINGH: Q. Do you also see the place where he was U-20 1 standing? 2 A. Yes. 3 Q. Would you mark with an X the place where 4 you saw him standing? 5 THE COURT: 6 MR. Is that another X? ROY-SINGH: Yes. If the record may reflect he is 7 8 marking with an X. 9 THE COURT: 10 11 MR. BY MR. 13 Q. ROY-SINGH: Right. ROY-SINGH: That is near a tree or a sidewalk. 14 Showing you what has been marked People's Exhibit No. 16 THE COURT: 17 MR. 18 the second was an X? 12 15 The first was an arrow, 14 for Identification. 14? ROY-SINGH: 14 for Identification. BY ROY-SINGH: 19 Q. Do you recognize that? 20 A. Yes. 21 Q. What do you recognize that as? 22 A. That is Sawyer. 23 Q. Do you see the alley where you all were 24 parked? U-21 1 A. Yes. 2 Q. Would you mark with an X the alley where 3 you all were parked? 4 A. Yes. 5 Q. Could you also mark with an arrow in the 6 direction which your car went on Sawyer after you 7 all left the alley? 8 9 MR. ROY-SINGH: Judge, the record may reflect he is marking with an arrow, which is a little bit 10 before the car that is in the picture, 11 the stop sign. 12 THE COURT: 13 BY MR. 14 Q. 15 I mean before Record will reflect that. ROY-SINGH: Could you once again mark with an X as to where you saw the defendant standing? 16 THE COURT: That is another X on the picture? 17 MR. 18 THE COURT: 19 ROY-SINGH: MR. 21 THE COURT: 22 MR. 24 No, but you just had X's where the car was parked. 20 23 It is a different picture. ROY-SINGH: The X on the alley. I am sorry, yes, X on the alley. ROY-SINGH: X for the defendant, which is on the right side. THE COURT: But it is the same picture? U-22 1 MR. 2 THE COURT: 3 ROY-SINGH: Yes. Can we have some other means of marking? 4 MR. ROY-SINGH: Can you mark an X with -- 5 THE COURT: A "D" perhaps. 6 BY MR. 7 Q. With a D perhaps? 8 A. (indicating.) 9 MR. 10 11 ROY-SINGH: ROY-SINGH: The record may reflect he is packing a D on the lower right portion. THE COURT: 12 BY MR. 13 Q. All right. ROY-SINGH: In the photograph the time when you first 14 turned around and took a look do you see where your 15 car was at that time? 16 A. Yes. 17 Q. Could you mark with a C as to where your 18 car was when you first turned around and took a 19 look? 20 A. 21 MR. 22 23 24 (Indicating.) ROY-SINGH: May the record reflect he is indicating a C. THE COURT: Record will reflect that. BY MR. ROY-SINGH: U-23 This is shortly before the stop sign? 1 Q. 2 THE INTERPRETER: 3 6 7 Should be a C. 4 5 He is marking a S. MR. MR. ROY-SINGH: He has changed that now to a C. ROY-SINGH: Q. I am showing you what has been earlier marked as People Exhibit No. 13 for identification. Do you recognize that now? 8 9 A. Yes. 10 Q. What do you recognize that as? 11 A. More or less where he was standing. 12 Q. Could you please mark with a D as to where 13 he was standing? 14 A. 15 MR. 16 17 18 19 20 Yes. ROY-SINGH: The record may reflect he is marking with a D. THE COURT: Record will so reflect. BY ROY-SINGH: Q. I am also showing you, Hugo, what is marked as People's Exhibit No. 21 16 for Identification. Do you recognize that? 22 A. Yes. 23 Q. What do you recognize that as? 24 A. This is a car where we were at. U-24 1 Q. And is that the gas station? 2 A. Yes. 3 Q. And I am also showing you now what is 4 marked as People's No. 17 for Identification. Do you recognize this? 5 6 A. Yes. 7 Q. What do you recognize that as? 8 A. This is where the bullet entered and came 9 10 11 out over here. Q. that you saw damaged on your car? 12 A. 13 BY MR. 14 Q. 15 16 17 18 Could you mark with a circle the two areas (indicating.) ROY-SINGH: Showing you what is marked as People's Exhibit No. 18 for identification. THE COURT: Let the record reflect he has done what you asked. MR. ROY-SINGH: Yes. I am sorry. If the record may reflect he has 19 20 marked with a circle on one side of the roof and a 21 circle on the top of the roof of the car. 22 THE COURT: 23 BY MR. 24 Q. Record will reflect that. ROY-SINGH: I am showing you what is marked as People's U-25 1 Exhibit No. 18 for Identification. Do you recognize that? 2 3 A. Yes. 4 Q. What do you recognize that as? 5 A. This is the inside of the car. 6 Q. And as I 7 Does that show the rear portion of the car or the front portion? 8 A. Back. 9 Q. I am showing you what is marked as People's 10 Exhibit No. 18 for Identification. Do you recognize that? 11 12 A. Yes. 13 Q. What do you recognize that as? 14 A. This is the front part where Monica was 15 16 17 sitting. Q. And do you recognize -- Did you observe anything else in that photograph? 18 A. 19 the blood. 20 Q. The blood is towards the driver's side? 21 A. Yes. 22 Q. Hugo, earlier you also told us that the 23 24 That is where the sweater that she had and officers showed you photographs. I am showing you now what is marked U-26 1 as People's Group Exhibit No. Could you please look at these 2 3 photographs. Are those the same photographs that 4 5 57 A through H. were shown to you on that date? 6 A. Yes. 7 Q. Which is the photograph that you recognized 8 and told the detectives that is the photograph of 9 the shooters? 10 A. This one right here. 11 Q. Would you please mark this with your name 12 at the back? 13 A. 14 MR. 15 (indicating.) ROY-SINGH: If the record may reflect he is doing so. If the record may reflect he has 16 17 marked -- he has written his name on the back. 18 BY MR. ROY-SINGH: 19 Q. Who is that a photograph of? 20 A. The one that was -- that shot at us. 21 Q. Do you see this person here in court today? 22 A. Yes. 23 Q. Who is that? 24 A. (Indicating.) Could you pOint him out? U-27 MR. 1 ROY-SINGH: If the record may reflect he is 2 pointing at the defendant and the photograph he has 3 marked is a photograph of the defendant. THE COURT: 4 5 BY MR. 6 Q. Record may so reflect. ROY-SINGH: These photographs that I had earlier shown 7 you, People's Exhibit Nos. 13 through 19, do those 8 pictures truly and accurately represent the area 9 where the shooting took place and truly and 10 accurately represent the car as you saw it on June 11 7, 1993? 12 A. Yes. 13 Q. Hugo, after you identified the defendant's 14 photograph in the photo array at approximately 1:30 15 in the morning of the same day did the officers show 16 you anything? 17 A. Yes. 18 Q. What did they show you? 19 A. They showed me about six persons standing. 20 Q. And when they showed you this lineup where 21 did you view the lineup from? 22 A. From behind a glass. 23 Q. When they showed you that lineup how many 24 officers were there with you? U-28 1 A. Two. 2 Q. Do you remember their names? 3 A. No. 4 Q. Were those the same officers that had 5 earlier shown you the photographs? 6 A. Yes. 7 Q. When the officers showed you the lineup did 8 they say anything to you, Hugo? 9 A. That if I recognize the guy that had shot. 10 Q. Did they tell you as to who the person was? 11 A. What do you mean? 12 Q. Did the officers tell you as to who to pick 14 A. No. 15 Q. Did the officers tell you that they had the 13 16 17 out? person who they think is the shooter in the lineup? THE INTERPRETER: Would you repeat that? 18 BY MR. 19 Q. 20 ROY-SINGH: Did the officers tell you that they had the person that they think is the shooter in the lineup? 21 A. No. 22 Q. When you viewed the lineup did you 23 24 recognize anybody? A. Yes. U-29 1 Q. Who did you pick out in the lineup? 2 A. The first one from the right. 3 Q. And have you -- Did you recognize him right 4 away? 5 A. Yes. 6 Q. Were you certain of your recognition? 7 A. Yes. 8 Q. Do you see this person here in court today? 9 A. Yes. 10 MR. ROY-SINGH: 11 THE COURT: 12 BY MR. 13 Q. Your Honor, can I approach? Yes, you may. ROY-SINGH: Hugo, I am showing you what has been 14 earlier marked as People's No. 15 Identification. 24 for Do you recognize this? 16 17 A. Yes, sir. 18 Q. What do you recognize that as? 19 A. Those are the ones that were standing there 20 21 22 23 24 when they were shown to me. Q. I would ask you to mark with a D the person who you identified in that lineup? MR. ROY-SINGH: If the record may reflect, Judge, he is marking with a D who is -- the person who is U-30 1 2 the last person on the right in the photograph. THE COURT: The record reflects that is who was 3 marked; 4 MR. 5 THE COURT: Okay. 6 BY MR. 7 Q. 8 the last person on the right. ROY-SINGH: Yes. ROY-SINGH: I am showing you now what is marked as People's Exhibit No. 9 21 for Identification. Do you recognize that? 10 A. Yes. 11 Q. What do you recognize that to be? 12 A. The guy that shot at us. 13 Q. Is that the photograph -- Does that truly 14 and accurately show the way he looked when you saw 15 him in the lineup? 16 A. Yes. 17 Q. Do you notice any difference from the way 18 he looked in the lineup as compared to the -- to 19 when you saw him on June 7th when he was shooting 20 from across the street? 21 A. Yes. 22 Q. What is the difference? 23 A. His hair is shorter. 24 moustache. He has a beard and a He has shaven eyebrows. U-31 He has an 1 2 3 earring. By shaven you mean the eyebrows are partly Q. slashed? 4 A. Yes. 5 Q. These two photographs, do they truly and 6 accurately represent the way the people in the 7 lineup looked that day and the way the defendant in 8 the lineup looked that day? 9 10 11 12 A. Yes. MR. ROY-SINGH: May I have a moment, please, your Honor? THE COURT: Yes. 13 BY MR. ROY-SINGH: 14 Q. Hugo, are you a member of a gang? 15 A. Yes. 16 Q. What gang are you a member of? 17 A. Latin Kings. 18 Q. Hugo, on that day, on the day of the 19 shooting was anybody in the car -- the people in the 20 car, were they giving any gang signs? 21 A. No. 22 Q. Were they giving any gang slogans? 23 A. No. 24 Q. Before you heard the words "King love" did U-32 1 you see anybody give any gang signs? 2 A. No. 3 Q. And before you heard those words did you 4 hear any gang slogans? 5 A. No. 6 Q. Earlier you also said when you pointed the 7 defendant out you didn't see him shooting with the 8 gun; did you? 9 A. No. 10 Q. When you saw him was there anybody else 11 around there? 12 A. No. 13 Q. Hugo, point out the man who you saw on that 14 day from across the street when you heard the shots 15 that killed Monica. 16 17 18 MR. DeLEON: Objection, your Honor. this three times already. THE COURT: sustained. Anything further? 19 20 MR. 21 THE COURT: 22 MR. 23 THE COURT: 24 He has done ROY-SINGH: Nothing further. Cross examination? DeLEON: May I approach, your Honor? Yes. With counsel? U-33 1 MR. DeLEON: Yes. (Whereupon a discussion was had off 2 the record.) 3 4 5 CROSS EXAMINATION 6 By: Mr. DeLeon 7 8 9 Q. Now, Hugo let's make sure to get certain things correct here. The shooting happened on Sawyer; 10 11 correct? 12 A. Yes. 13 Q. Not on Spaulding? 14 A. No. 15 Q. No one in your car made any gang signs? 16 A. No. 17 Q. With their hands or with their voices? 18 A. No. 19 Q. You did not see a group of boys with the 20 person that was shooting? 21 A. No. 22 Q. You saw one person? 23 A. Yes. 24 Q. And you recall hearing the words prior to U-34 1 the shooting "King love?" 2 A. Yes. 3 Q. And those words came from the street not 4 from the car? 5 A. It came from the street. 6 Q. Now you testified today that you are a 7 member or were a member and are a member, 8 of the Latin Kings; is that correct? 9 A. Yes. 10 Q. The day of the shooting you were 11 I assume, interviewed by the police; is that correct? 12 A. Yes. 13 Q. The day of the shooting you were concerned 14 about helping the police solve this crime; weren't 15 you? 16 A. Yes. 17 Q. But when the police interviewed you and 18 asked you if you were a gang member you lied to 19 them? 20 21 22 MR. ROY-SINGH: Objection to the form of the question. THE COURT: 23 BY MR. 24 Q. Sustained. DeLEON: You didn't tell them the truth? U-35 1 A. No. 2 Q. You told them that you weren't a gang 3 member; isn't that right? 4 A. Yes. 5 Q. You also told the police your age; did you 7 A. Yes. 8 Q. You told the police that you were 16 years 6 9 not? old; is that right? 10 A. Yes. 11 Q. That was not true either; was it? 12 A. No. 13 Q. How old were you back in June of 1993? 14 A. 17 • 15 Q. And you gave them the birth date when you 16 were interviewed back on June 7th of 1993 of April 17 27th, 1977? 18 A. Yes. 19 Q. That is not true either; 20 is it? That is not your birthday? 21 A. No. 22 Q. And that is not the first time that you 23 24 lied to the police about your birth date; MR. is it? ROY-SINGH: Objection to the form of the U-36 1 question. THE COURT: 2 3 BY MR. 4 Q. 5 Sustained. DeLEON: That is not the first time you didn't tell the police the truth about your birth date; is it? 6 A. Yes. 7 Q. In other words you had given other birth 8 dates to the police before when you were arrested on 9 other cases; isn't that right? 10 A. Yes. 11 Q. You had given them the birth date of April 12 4, 1972; is that right? 13 A. Yes. 14 Q. And that is not your birth date; 15 right? That is not true? 16 A. No. 17 Q. And you have given them the birth date of 18 April 1, 1972, is that right, when you were arrested 19 once? 20 A. Yes. 21 Q. And that is not true either? 22 A. Yes. 23 Q. When is your birthday? 24 A. May 13th, 1977. U-37 1 Q. May 13th, 1977? 2 A. Right. 3 Q. And you additionally gave the police a Now I am 18. 4 birth date of August 15th, 5 birth date? '73, which is not your 6 A. I said 13th. 7 Q. I know what your real birthday is. I am 8 asking you did you give them the date of August 9 15th, 1973 at one time when you were arrested? 10 A. Yes. 11 Q. And that is not your birth date either? 12 A. No. 13 Q. You have also told some white lies about 14 your name; haven't you? 15 MR. 16 THE COURT: 17 BY MR. DeLEON: 18 19 Q. ROY-SINGH: Judge, objection. Sustained. Well, you have also been untruthful about your name to the police; have you not? 20 MR. ROY-SINGH: Objection. 21 THE COURT: 22 THE WITNESS: Yes. 23 24 Sustained. BY MR. DeLEON: Q. Well, let me ask you this. U-38 You say your 1 name is Hugo Rodriguez; is that right? 2 A. Yes. 3 Q. But back on September 4, 1991 when you were 4 arrested for mob action you didn't give them Hugo 5 Rodriguez; did you? 6 MR. 7 THE WITNESS: No. 8 MR. 9 10 ROY-SINGH: ROY-SINGH: Objection. Ask we have a side-bar bar. THE COURT: Yes. (Whereupon, a discussion was had 11 outside the presence of the jury.) 12 13 Objection. MR. ROY-SINGH: I am sure counsel did it 14 inadvertently when he named it, Judge, and he was 15 not convicted of that charge and I am sure he did it 16 inadvertently on other arrests also. 17 18 19 MR. Judge. DeLEON: Ask him his name. THE COURT: All right. (Whereupon the trial was resumed in 20 open court. ) 21 22 BY MR. 23 Q. 24 I will leave the charge out, DeLEON: So tell us what name did you give the police on September -- at the time of your arrest on U-39 1 September 4th? 2 A. Miguel Alvarez. 3 Q. But that is not your name? 4 true; That is not right? 5 A. No. 6 Q. Now you are presently -- You have a case 7 pending for burglary; receiving and possessing a 8 stolen vehicle and possession of burglary tools; 9 that right? is 10 A. Yes. 11 Q. That is the case you have admitted to the 12 State you go to court on Monday in Skokie? 13 A. Yes. 14 Q. By testifying today you believe the State's 15 Attorney's office might help you on that case a 16 little bit? 17 A. No. 18 Q. Have they even talked to you about offering 19 20 you any kind of help on that case? THE INTERPRETER: 21 BY MR. 22 Q. 23 24 I am sorry? DeLEON: Have they even talked to you about offering you any kind of help on that case? A. No. U-40 Q. 1 Of course you have a prior conviction for 2 burglary of auto; 3 8th, is that right? Back on September 1993 you were convicted before Judge Mahon? 4 A. Yes. 5 Q. That was for a January 23, 6 burglary to auto; 1993 arrest for is that right? 7 A. Yes. 8 Q. In fact you said Daniel Sanchez was in the 9 car; didn't you? 10 A. Yes. 11 Q. Daniel Sanchez was convicted of that same 12 burglary that you were on probation for, 13 got a year probation for; that you is that right? 14 A. Yes. 15 Q. You said that you saw the face of the 16 person that shot your friend; is that right? 17 A. Yes. 18 Q. You remember talking to the detectives in 19 plainclothes? 20 A. Yes. 21 Q. At Area 5? 22 A. Yes. 23 Q. You don't remember their names but you know 24 they were detectives that worked on this case; U-41 is 1 that right? 2 A. Yes. 3 Q. Didn't you tell those detectives that what 4 you saw was -- after the shooting you saw the 5 offender all in black run into the alley? 6 MR. ROY-SINGH: 7 THE COURT: 8 MR. 9 THE COURT: MR. 11 THE COURT: I am going to sustain. Side-bar. (Whereupon, a discussion was had outside the presence of the jury.) 13 15 Not impeaching. DeLEON: Ask for side-bar. 12 14 Basis? ROY-SINGH: 10 Objection, Judge. MR. DeLEON: Your Honor, I have two reports. Both of them -- 16 MR. STUDENROTH: Keep your voice down. 17 MR. DeLEON: 18 19 in the street, Say "saw offender walk all in black flee." How can I impeach him from that and 20 ask the defendant if that is what he said if I don't 21 ask him if he said he saw the face. 22 indication that he saw the face in this record. 23 24 There is no If Rodriguez observed the offender run into alley after the shooting I should be U-42 1 allowed to ask him. 2 report June 7th. 3 Page 6 is in there. It is in Santopadre's (ph. Santopadre's report, bottom of 6, 4 MR. STUDENROTH: What page? 5 MR. DeLEON: Page 6. 6 MR. STUDENROTH: Okay, but it is still not 7 impeaching. 8 MR. 9 DeLEON: He said he saw a face. That is not what he told the officer. 10 THE COURT: That is not impeaching. 11 MR. I am still going to pursue this, 12 your Honor. DeLEON: (Whereupon the trial was resumed in 13 open court.) 14 15 16 17 sp.) BY MR. DeLEON: Q. Did you tell the police officer, the detective that you saw the face of the shooter? 18 A. Yes. 19 Q. Isn't what you told the police officer that 20 all you saw was after the shooting you saw offender 21 all in black run into the alley. 22 A. Yes. 23 Q. And that was the detective in plainclothes? 24 A. Yes. U-43 2 But today you are telling us you saw the Q. 1 face of face the shooter. 3 MR. 4 THE COURT: 5 BY MR. 6 Q. 7 Objection. ROY-SINGH: Sustained; asked and answered. DeLEON: Now, you said when the shots were fired you ducked down; is that right? 8 A. Yes. 9 Q. Then you popped your head up, looked in the 10 direction of the shooter and you ducked down again 11 after that? 12 A. Uh-hum; yes. 13 Q. Between the time you picked up your head 14 after the shouts, looked at the shooter, 15 down again how many seconds passed? Like that. 16 A. It was fast. 17 Q. Your best estimate in time; 18 and ducked how many seconds? 19 A. Not even ten seconds. 20 Q. You also indicated that you looked out the 21 window part of this time, 22 car; the rear window of the is that right? 23 A. Yes. 24 Q. So part of the time you looked out of the U-44 1 passenger window and part of the time you looked out 2 of the rear window; is that right? 3 A. Yes. 4 Q. And that is between the time that you 5 ducked down, looked and then ducked down again; 6 right? 7 A. Yes. 8 Q. So part of those ten seconds was looking 9 10 out the passenger window and part of those ten seconds was looking out the rear window; right? 11 A. Yes. 12 Q. And when the person was running away his 13 back was toward you but on an angle? 14 A. No. 15 Q. Well did he turn and run away or did he run 16 away backing up? 17 A. No, he turned around and started running. 18 Q. And he was running in the opposite 19 direction of where the car was going; 20 right? 21 A. Yes. 22 Q. So you were looking at the rear of him, 23 24 isn't that slightly on an angle; isn't that right? A. Yes. U-45 1 2 Q. At least the time when you were looking out of the rear window; isn't that right? 3 A. Yes. 4 Q. Now you also said that the person had the 5 hood down when you looked at him and saw him; 6 that right? is 7 A. Yes. 8 Q. That is when you first popped up your head 9 10 and looked out the passenger window the person had the hood down? 11 A. Yes. 12 Q. Could you tell us what type of hair that 13 person had? 14 A. Dark hair. 15 Q. Could you tell whether it was kinky? 16 A. Truly; 17 Q. How long was his hair? Would it be as long as you see the 18 19 no. defendant's hair here in court? 20 A. No. 21 Q. Longer? 22 A. Less. 23 Q. And you told us that the person that -- who 24 had shot was approximately five feet seven inches U-46 1 tall; is that correct? 2 A. Yes. 3 Q. How tall are you? 4 A. Five-six. 5 Q. SO he was basically a short person, 6 little over your size; right? 7 A. Yes. 8 Q. You would not say he was as tall as 9 a five-ten or five-eleven would you? 10 A. No. 11 Q. I am going to show you what the State has 12 marked People's Exhibit No. 13 at this photo. 14 15 21 and ask to you look That picture is the young man sitting over there in the white shirt; 16 A. Yes. 17 Q. And in that picture -- 18 THE COURT: 19 20 MR. DeLEON: Yes; your Honor. 22 BY MR. DeLEON: 24 By that you are referring to the defendant? 21 23 isn't it? Q. the defendant. I am sorry, In that picture there is a tape measure behind him; isn't there? U-47 1 A. Yes. 2 Q. Shows the height of a person appears to -- 3 A. Yes. 4 Q. Just above his head you see a line that 5 says 11 on it? 6 A. Yes. 7 Q. And then you see a big thick line. 8 six, five; It says is that right? 9 A. Yes. 10 Q. Would you say from this picture that this 11 young man is five-foot-eleven? 12 MR. 13 THE COURT: 14 THE WITNESS: Yes. 15 MR. 16 BY MR. 17 Q. 18 ROY-SINGH: It is not in evidence. DeLEON: Thank you. DeLEON: Now were you asked about the complexion of the person that shot your friend? You told the police and you told us 19 20 Picture speaks for itself. today the person who it was was white complected? 21 A. Yes. 22 Q. Geraldo, come over here, please. 23 24 Would you approach, with your permission, your Honor? U-48 1 THE COURT: 2 MR. DeLEON: 3 me? 4 BY MR. DeLEON: Yes. Would you stand right here next to 5 Q. This person is not white complected? 6 A. No. 7 MR. DeLEON: Go and sit down. If I may have five seconds, your 8 9 Honor? 10 (short pause) 11 THE COURT: 12 BY MR. DeLEON: 13 Q. All right. And, Hugo, back on October 12th of 1994 a 14 private investigator that works for me went to talk 15 to you at 4903 North Troy. 16 do you remember that? 17 A. Yes. 18 Q. And he asked you back then if you were a 19 member of a gang and you told him no also; 20 that right? isn't 21 A. Yes. 22 Q. That was not true? 23 A. No. 24 Q. He also asked you and you told him that U-49 1 nobody in the car was a gang member? 2 remember telling him that? Do you 3 A. Right. 4 Q. That wasn't true either; was it? 5 A. No. 6 Q. Because other people in the car besides you 7 were gang members; isn't that right? 8 A. Yes. 9 Q. Pretty much all of you in the car were gang 10 members with the exception of this poor young lady; 11 isn't that right? 12 A. Yes. 13 Q. And the gang that hangs around the area 14 where the shooting occurred that you know are 15 Imperial Gangsters; isn't that right? 16 A. No. 17 Q. You were not aware of that? 18 A. No. 19 Q. You are not aware that my client 20 unfortunately hung around with the Imperial 21 Gangsters? 22 MR. ROY-SINGH: Objection, Judge. 23 THE COURT: 24 THE WITNESS: No. Basis. U-50 1 THE COURT: When there is an objection you have 2 3 to wait until I rule on the objection. Basis? 4 5 MR. 6 THE COURT: 7 BY MR. 8 Q. 9 Just a moment. ROY-SINGH: We will withdraw it. Then the answer will stand. DeLEON: Are Imperial Gangsters in opposition to the Latin Kings? 10 A. Yes. 11 Q. Now you went to look at the police station 12 about two weeks later to look at some photos; 13 that right? is 14 A. Yes. 15 Q. And to talk to the police? 16 A. Yes. 17 Q. You knew you were going there to talk to 18 him about this murder case; is that right? 19 A. Yes. 20 Q. And when they showed you photos you knew 21 you were looking at possible suspects in this murder 22 case; isn't that right? 23 A. Yes. 24 Q. And you picked out a picture? U-51 1 A. Yes. 2 Q. And that is the one you identified for the 3 State earlier, a polaroid photo; is that right? 4 A. Yes. 5 Q. And then you went to a lineup about an hour 6 and a half after you looked at the photo; is that 7 right? 8 A. Yes. 9 Q. And you knew when you were going to look at 10 the lineup you were going to look at a lineup in 11 reference to this murder case; right? 12 A. Yes. 13 Q. And when you went to the lineup you picked 14 out the guy in the lineup that matched the Polaroid 15 photo; isn't that right? 16 MR. 17 THE COURT: 18 MR. 19 ROY-SINGH: Objection, Judge. Basis? ROY-SINGH: Assuming a fact not in evidence; form of the question. 20 THE COURT: 21 MR. 22 THE COURT: 23 THE WITNESS: Could you repeat the question? 24 BY MR. DeLEON: Overruled. I am sorry; what was your ruling? Overruled. DeLEON: U-52 You may answer. 1 2 Q. Didn't you pick out the guy in the lineup that was in the polaroid photo? 3 A. Yes. 4 Q. And you knew when they showed you the 5 lineup that you were looking for the suspect in the 6 murder case that they were investigating that you 7 were a witness in; right? 8 A. Yes. 9 Q. You didn't pick out a person with white 10 complexion though; did you? 11 A. Yes. 12 Q. When Geraldo was in that lineup are you 13 telling us he was white complected then? 14 A. No. 15 Q. So you picked out Geraldo with the 16 complexion that he has today? 17 A. Yes. 18 Q. And you never told the police, did you, 19 that the person that shot your friend was a male 20 black, 21 A. No. 22 Q. Are you still a member of the Latin Kings? 23 A. Yes. 24 Q. Latin Kings and Imperial Gangsters are light complexion; did you? U-53 1 rivals? 2 A. 3 MR. DeLEON: 4 5 Yes. I have no other questions, your Honor. THE COURT: Redirect? 6 7 REDIRECT EXAMINATION 8 By: Mr. Roy-Singh 9 10 Q. Hugo, the same investigator that counsel 11 earlier talked about, that was the investigator that 12 when he came and talked to you he asked you and did 13 you tell him that the shooter was a male Hispanic, 14 light complexion and you said yes; is that right? 15 A. Yes. 16 Q. At the same time when you talked to the 17 police officers on the day of the shooting you told 18 them that he was light complected; isn't that right? 19 A. Yes. 20 Q. Now, the same investigator that counsel had 21 sent out to you when he talked to you you told him 22 that "I turned and saw his face before he covered it 23 up and ran away, 24 and ran away?" before he covered it up and turned U-54 Isn't that what you told him? 1 2 A. Yes. 3 Q. Now when the police officers showed you the 4 photographs you identified the photograph of the 5 defendant because you recognized him as a person who 6 did the shooting; isn't that right? 7 A. Yes. 8 Q. When you saw the lineup you identified him 9 because he is the person who you saw do the shooting 10 on June 7, 11 A. Yes. 12 Q. This was the first time that you went into 13 1993; isn't that right? that neighborhood? 14 A. Yes. 15 Q. Earlier counsel talked about how you were 16 ducking. Do you remember that? 17 A. Yes. 18 Q. Now when you were ducking who was sitting 19 on your left-hand side? 20 A. Left? 21 Q. Yes; 22 A. Daniel. 23 Q. After you saw the defendant run away did 24 on your left-hand side? you see Daniel? U-55 1 A. He was duck down. 2 Q. Earlier counsel talked about an offer in 3 regards to your pending cases. Have I made any offers to you? 4 5 A. No. 6 Q. Have I made any promise to you? 7 A. No. 8 Q. Have I made any offers or promises in 9 10 regards to the case that is now pending before Judge Thomas for your failure to show up in this case? 11 A. No. 12 Q. As a matter of fact have I told you to do 13 or say anything? No. 14 A. 15 MR. 16 THE COURT: 17 MR. DeLEON: Just very briefly, your Honor. ROY-SINGH: No further questions. Recross? 18 19 RECROSS EXAMINATION 20 By: Mr. DeLeon 21 22 Q. Mr. Rodriguez, today when this gentlemen 23 was asking you the questions for the first time you 24 took the stand, he asked you what complexion was the U-56 1 person who shot, you used the word white; 2 right? 3 A. Yes. 4 Q. That was not a question by me, 5 question by him; 6 A. 7 MR. isn't that that was a right? Yes. DeLEON: Thank you. 8 FURTHER REDIRECT EXAMINATION 9 By: Mr. 10 Roy-Singh 11 That was a mistake, wasn't it, Hugo? 12 Q. 13 MR. DeLEON: Objection to leading. 14 THE COURT: 15 BY MR. 16 Q. 17 Sustained. ROY-SINGH: Hugo, was he white or was he light complected? 18 A. Well, I said that he looked white. 19 MR. 20 MR. DeLEON: Nothing else. 21 THE COURT: You may step down. ROY-SINGH: No other questions, your Honor. (witness excused.) 22 23 24 Thank you. THE COURT: All right. Okay, ladies and gentlemen. U-57 We will 1 break for lunch now. 2 3 Please leave your notes in your chairs. 4 Do not discuss the case. 5 Your lunch is here so you will be 6 eating in today and we will take about a half hour. 7 So about 2:00 o'clock we will resume. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 U-s8 1 2 3 4 STATE OF ILLINOIS COUNTY OF COOK ) ) ) SS: IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT-CRIMINAL DIVISION 5 6 THE PEOPLE OF THE STATE OF ILLINOIS vs 7 GERALDO IGLESIAS ) ) ) ) ) Case No. 93 15199 Charge: Murder Before: JUDGE MARY MAXWELL THOMAS February 15, 1994 8 JURY TRIAL (afternoon session) 9 RECORD OF PROCEEDINGS had in the hearing of the 10 above-entitled cause. 11 APPEARANCES: 12 HON. 13 14 15 JACK O'MALLEY, State's Attorney of Cook County, by MR. DAVID STUDENROTH, and MR. PRADEEP ROY-SINGH, Assistant State's Attorneys, appeared on behalf of the People of the State of Illinois; 16 MR. 17 JOHN DeLEON, appeared on behalf of the Defendant. 18 19 20 21 22 23 24 ROCHINA V. CHOLEWA License No. 084-000824 Official Court Reporter 2650 S. California Chicago, Illinois 60608 U-59 1 (Whereupon, a discussion was had 2 outside the presence of the jury.) 3 4 THE COURT: State have their witness ready? 5 6 Geraldo Iglesias. MR. STUDENROTH: Officer Zuniga. 7 (Whereupon the jury was returned 8 to open court.) 9 10 THE COURT: Okay, ladies and gentlemen. You may be seated. 11 State, call your next witness. 12 MR. 13 Zuniga. STUDENROTH: State would call Off. Jose 14 15 OFF. J 0 Z U N I G A, S E 16 17 called as a witness by the State's Attorney herein, 18 having been first duly sworn, was examined and 19 testified as follows: 20 21 DIRECT EXAMINATION 22 By: Mr. Studenroth 23 24 Q. Sir, could you please introduce yourself to U-60 1 2 3 the ladies and gentlemen of the jury? Good afternoon, A. name is Off. Jose Zuniga, 6 7 My Z-u-n-i-g-a. I am a police officer for the 14th 4 5 ladies and gentlemen. District, City of Chicago. Q. How long have you been a Chicago Police Officer? 8 A. Over ten years. 9 Q. And you are currently assigned within the 10 14th District; is that correct? 11 A. Correct. 12 Q. How many years have you been assigned to 13 the 14th District? 14 A. Eight years now. 15 Q. What are your duties within the 14th 16 District? 17 A. I 18 Q. Could you please tell the ladies and am a patrol beat officer. 19 gentlemen of the jury the geographical boundaries of 20 the 14th District? 21 A. 22 River. 23 Q. 24 East to west it is Central Park to the North to south Division to Belmont. Off. Zuniga, attention to June 7th, I would like to direct your 1993. U-61 1 2 Were you working and on duty that evening? 3 A. Yes. 4 Q. From what hours were you working that day? 5 A. I was working Beat 1411 between the hours 6 of 3:00 to 11:00 in the evening. 7 Q. Were you working alone or with a partner? 8 A. I was working with my regular partner. 9 Q. What was your partner's name back in June 10 of 1993? 11 A. Off Assaf. 12 Q. That is A-s-s-a-f? 13 A. Correct. 14 Q. Approximately sometime before 4:00 P.M. 15 the afternoon on June 7th, 16 call at that time? 1993 did you monitor a 17 A. Yes. 18 Q. What was the nature of that call? 19 A. I 20 21 22 in got an assignment to respond to a call of a person shot. Q. And where did you go after that receiving that assignment? 23 A. 24 Fullerton. To the intersection of Sacramento and U-62 1 Q. What is located at that location? 2 A. There is a gas station/car wash located 3 there. 4 Q. When you arrived there what did you say? 5 A. I saw a vehicle with the doors ajar and 6 people surrounding the vehicle coming in and out of 7 the vehicle. 8 Q. What did you and your partner do? 9 A. We approached the vehicle, exited the 10 vehicle and we began questioning the persons around 11 the vehicle and then to my knowledge I 12 there was what appeared to be a young lady in the 13 front seat. 14 Q. Did you check her condition at that time? Did you notice anything about her? 15 16 17 18 19 20 saw that A. It appeared to me that she had been shot on what appeared to be on the left side of her head. Q. What was the condition of the scene when you arrived? A. It was chaotic. It was very loud. There 21 were several bystanders trying to catch a glimpse. 22 My immediate attention focus was -- 23 attention was focused on trying to obtain medical 24 attention for the victim. U-63 1 Q. Was an ambulance called for at the time? 2 A. I was told there was an ambulance in route. 3 Q. A short time later did an ambulance arrive 4 5 6 7 8 at the scene? A. About five, between five and ten minutes later; yes. Q. Did the paramedics tend to the person that was lying in the front seat? 9 A. Yes, they did. 10 Q. Did you later learn her identity to be 11 Monica Roman? did. 12 A. Yes, I 13 Q. Did you also later learn that the ambulance 14 took the victim, Monica Roman, to Illinois Masonic 15 Hospital? 16 A. Yes. 17 Q. Did you have an opportunity after the 18 ambulance left to talk to any of the people that 19 were still in that general area? 20 A. Yes. 21 Q. And in specifics did you talk to Daniel 22 Sanchez, Hugo Rodriguez, and Jesus Gonzalez? 23 A. Yes. 24 Q. When you talked to Hugo Rodriguez did you U-64 1 learn that a shooting had occurred a few minutes 2 prior to that in the 2100 block of North Sawyer? 3 A. Yes. 4 Q. When you talked to Hugo Rodriguez did you 5 6 learn any information from him? A. Yes. I was given an ID of an offender. 7 8 9 And the offender, that being the person who did the shooting? 10 A. Yes. 11 Q. Did you also learn anything else regarding 12 13 14 15 16 W".• Q. what occurred at the time of the shooting? A. I was told that in one way or another it had been gang related. Q. Did you hear if anything was said prior to the shooting? 17 A. 18 love." 19 Q. Something along the line of "gang" or "King When you talked to Hugo Rodriguez and he 20 gave you the physical description would you please 21 tell the ladies and gentlemen of the jury the 22 description that Hugo Rodriguez gave you regarding 13 24 . the shooter or the offender? A. Yes. U-65 Hugo Rodriguez was speaking in broken 1 2 English but I speak both English and Spanish and I 3 asked him in both languages to give me a description 4 of the offender. He told me a male/white Hispanic, 5 6 approximately about 145 pounds, about five feet 7 seven, 8 approximately. 9 Q. light complected, around 18 years old, Officer, I am showing you what has been 10 previously marked as People's Exhibit No. 11 Identification. Do you recognize what is contained in 12 13 that photograph? 14 A. Yes, 15 Q. What is that? 16 A. It is a four-door Olds; 17 18 19 10 for I do. the car that I found at the scene. Q. Would that be the gas station of Fullerton and Sacramento? 20 A. Yes. 21 Q. Showing you what has been marked as 22 People's Exhibit No. 23 that a photograph of? 24 A. 11 for Identification, what is It is a photograph of the front seat where U-66 1 I 2 stains on the seat. 3 found the victim and apparently showing some blood Q. Do these photographs truly and accurately 4 depict the outside of the car and the outside 5 front seat as they appeared on June 7, 1993? Yes, they do. 6 A. 7 MR. 8 THE COURT: STUDENROTH: May I have a minute, Judge? Yes. (short pause) 9 10 MR. STUDENROTH: Nothing further. 11 THE COURT: Cross examination? 12 13 CROSS EXAMINATION 14 By: Mr. DeLeon 15 16 17 Q. Off. Zuniga, how long have you worked as a Chicago policeman? 18 A. Over ten years. 19 Q. And how long -- Have you worked in Gang 20 Crimes? 21 A. No, 22 Q. You work as a beat officer; 23 A. That is correct. 24 Q. But you have worked on cases like this one I have not. U-67 is that right? 1 that you, as you said, are probably gang related? 2 A. Yes. 3 Q. Probably hundreds unfortunately? 4 A. Unfortunately; yes. 5 Q. And you indicated that you are bilingual. 6 7 You speak English and Spanish fluently; is that correct? 8 A. That is correct. 9 Q. You indicated that you asked Hugo Rodriguez 10 both in English and in Spanish for a clarification 11 or a description of the offender; is that right? 12 A. That is right. 13 Q. When you asked for the description you then 14 write a report, do you not, on your description or 15 participate in the writing of a report; 16 right? 17 A. Yes. 18 Q. You and your partner would do that or you 19 or your partner would do that; is that is that right? 20 A. Yes. 21 Q. In getting a description you indicated that 22 Hugo Rodriguez specifically told you male/white 23 Hispanic; is that right? 24 A. Correct. U-68 1 2 Q. And Hugo Rodriguez did not give you, for example male/black Hispanic; did he? 3 A. No, 4 Q. Now the Chicago Police Department provides he did not. 5 you with forms to fill out, police reports in a case 6 such as this; is that right? 7 A. Yes. 8 Q. And there are certain codes, 9 10 are there not, for descriptions -- in other words race codes; is that right? 11 A. Correct. 12 Q. You are familiar with those race codes? 13 A. Yes. 14 Q. Do you remember what they all are as you 15 sit there now? 16 A. For the most part, yes, 17 Q. What are they? 18 A. No. 19 THE COURT: 20 THE WITNESS: No. 1 is black, No. I do. 2 is white, 3 and 4 -- 1 is? 1 is black. 2 is white. 21 BY MR. DeLEON: 22 Q. Okay. 23 A. Then you have two forms of Hispanic -- 24 black Hispanic or white Hispanic, being 3 and 4. U-69 1 2 Q. Do you remember what race code you put on your report in reference to this case? 3 A. I believe 4. 4 Q. Would your report reflect your recollection 5 as to whether or not you did? 6 A. Yes. 7 Q. Is this a copy of that report? Does that report refresh your 8 9 recollection as to what number you put? 10 A. Yes. 11 Q. What number did you put? 12 A. Yes; 13 Q. That corresponds with what race code? 14 A. White Hispanic. 15 Q. There is a race code as you said there was 16 4 • for black Hispanic? I am not sure. 17 A. I believe it is 3. 18 Q. In this box up here if that would refresh 19 your recollection is it No.3? 20 A. Yes. 21 Q. You didn't put 3; right? 22 A. No, 23 Q. That is because he didn't tell you black/ 24 I did not. Hispanic? U-70 1 A. He told me white/Hispanic. 2 Q. That corresponds to code No.4; 3 right? 4 A. Correct. 5 Q. He also told you light complexion; you 6 remember that? 7 A. Several times. 8 Q. You wrote that in your report? 9 A. Yes. 10 Q. You remember you put that? 11 A. The description of the offender, 12 I wrote male/white Hispanic. 13 Q. You wrote light complexion also? 14 A. Yes. 15 Q. And you wrote the height, 16 is that like you said, at five-seven? 17 A. Approximately. 18 MR. DeLEON: 19 MR. Thank you, Officer. STUDENROTH: Just briefly, your Honor. 20 21 REDIRECT EXAMINATION 22 By: Mr. Studenroth 23 24 Q. Off. Zuniga, Hugo Rodriguez also told you U-71 1 the offender was wearing black clothes and a black 2 hoody; 3 A. Right. 4 Q. He never told you that the offender was 5 white; 6 A. Never. 7 Q. He said a male Hispanic, 8 is that correct? did he? light complected; is that correct? 9 A. That is correct. 10 Q. And by the way after you completed the 11 interview of the witnesses was the investigation at 12 that time turned over and the proper notifications 13 made to the Violent Crimes detectives at Area 5? 14 A. 15 MR. 16 MR. DeLEON: No other questions. 17 THE COURT: Thank you, sir. 18 Yes. STUDENROTH: Nothing further. down. 19 (witness excused.) 20 THE COURT: 21 MR. 22 You may step Next witness. STUDENROTH: At this time we would call Mr. Ginnelly. 23 24 U-72 G ERA L D 1 J. GIN N ELL Y, 2 3 called as a witness by the state's Attorney herein, 4 having been first duly sworn, was examined and 5 testified as follows: 6 7 DIRECT EXAMINATION 8 By: Mr. Studenroth 9 Q. Sir, would you please introduce yourself to 12 A. Thomas J. Ginnelly. 13 Q. Can you spell your last name for the court 10 11 us? 14 reporter? 15 A. G-i-n-n-e-l-l-y. 16 Q. Who are you employed by? 17 A. City of Chicago, Chicago Police Department. 18 Q. Where are you specifically employed? 19 A. Crime Laboratory, Mobil Unit. 20 Q. How long have you been a police officer? 21 A. 28 years. 22 Q. How long have you been employed by the 23 24 Crime Lab Unit? A. 14 years. U-73 1 2 Q. And you said you were employed by the Mobil Unit? 3 A. Yes, sir. 4 Q. What is the duties of a person assigned to 5 6 the Mobil Unit? A. To photograph crime scenes, make a search 7 for physical evidence, the proper packaging and 8 transporting of the evidence to the laboratory for 9 further analysis. 10 Q. During your years that you have been 11 assigned to this unit how many crime scenes have you 12 processed? 13 A. Thousands. 14 Q. How many crime scenes have you processed 15 where the crime was one of violence? 16 A. Thousands. 17 Q. Directing your attention to June 7th, 1993 18 were you so employed by the Chicago Police 19 Department? 20 A. Yes, sir, I was. 21 Q. At that time, approximately 4:15 P.M., were 22 you given an assignment of a shooting that took 23 place at 2100 north block of Sawyer? 24 A. Yes, sir, I was. U-74 1 2 3 4 Q. When you received that assignment where did you go? A. Initially we were directed to the area of Sacramento and Fullerton; 3009 West Fullerton. 5 Q. What is located there? 6 A. It is a gas station and car wash. 7 Q. When you arrived there what did you do? 8 A. We had a short conversation with the police 9 10 11 officers present. Q. After your conversation with them then what did you do? 12 A. We photographed the automobile. 13 Q. Did you search for anything? 14 A. Yes, sir, we did. 15 Q. Officer, I am showing you what has been 16 earlier marked as People's Exhibit No. 17 16, 17, 18, 19, and 22. 18 19 10, 11, 12, Could you please take a moment and examine these? 20 Are you through? 21 A. Yes, sir. 22 Q. What is there? 23 A. There is the automobile that we 24 photographed at 3009. U-75 1 THE COURT: 2 THE WITNESS: The automobile itself. 3 BY MR. 4 Q. 5 THE COURT: 6 What is that? STUDENROTH: All the photographs I am sorry, MR. 8 THE COURT: Okay. 9 BY MR. 10 Q. 12 13 14 is your question relating to all of them? 7 11 Is that 10? STUDENROTH: Yes. STUDENROTH: All your photographs are photographs of what? A. This is the photographs of the automobile as we found it at 3009 West on Fullerton. Q. And do those photographs truly and 15 accurately represent the automobile as you found it 16 at that location? 17 A. Yes, sir. 18 Q. Officer, I am specifically directing your 19 attention to photograph, People's Exhibit No. 20 Identification. 21 17 for Do you recognize that? 22 A. Yes, sir. 23 Q. What do you notice on that photograph, 24 Officer? U-76 1 2 3 4 5 6 7 8 9 A. This is a photograph of the left rear roof of that auto. Q. Do you notice anything unusual in that photograph? A. The bullet impact on the roof and the bullet entry on the left side rear of the vinyl top. Q. And, Officer, when you noticed the bullet and the tearing on the left side what did you do? A. After photographing it we made an 10 examination to see if there was a bullet and we were 11 able to there was none immediately behind the hole. We were able to track it up closer to 12 13 the window, 14 inches. to the roof, maybe a distance of several 15 Q. And did you later recover that bullet? 16 A. Yes, sir. 17 After locating it we were able to cut 18 an area of the vinyl top and peel it back and expose 19 the fired bullet. 20 21 Q. I am showing you what has been marked as People's Exhibit No.2 for Identification. 22 Do you recognize that? 23 A. 24 THE COURT: Yes, sir. Excuse me. U-77 I am sorry. What 1 2 exhibit? MR. STUDENROTH: 22. 3 BY MR. 4 Q. What do you recognize that as? 5 A. This shows the vinyl top pulled back and 6 7 STUDENROTH: the bullet underneath the vinyl top. Q. When you determined the travel of the 8 bullet the bullet was between the vinyl and the 9 metal portion of the roof? 10 A. Yes, sir. 11 Q. Did you inventory that bullet? 12 A. Yes, sir, we did. 13 Q. That was inventoried under Inventory No. 14 1135801? 15 A. Yes, sir. 16 Q. I am showing what you has been marked as 17 People's Exhibit No. 18 23 for Identification. Do you recognize that? 19 A. Yes, 20 Q. What do you recognize that as? 21 A. There is the number that we prepared when 22 sir. we recovered the bullet. 23 Q. And is that your handwriting on it? 24 A. This is my partner's handwriting and on the U-78 1 back it has my partner's initials and my initials 2 over the seal. 3 4 Q. Could you please look inside that envelope? Did you recover anything in that 5 6 envelope? 7 A. Yes, 8 Q. Do you recognize what you recovered from 9 10 that envelope? A. 13 14 15 16 Yes, sir. This is the fired bullet that we 11 12 sir. recovered from the roof. Q. Is that in substantially the same condition as it was when you recovered it? A. There are some markings on the bullet that were placed by the firearms examiner. 17 Q. Besides that marking? 18 A. Other than that this is in substantially 19 20 21 the same condition as on the date we recovered it. Q. I am now showing you what is marked as People's Exhibit No. 19 for Identification. Do you recognize that? 22 23 A. Yes, sir. 24 Q. What do you recognize that as? U-79 1 2 3 4 A. This is a photograph of the front seat area of the automobile. Q. And do you notice anything else on that photograph? 5 A. Yes, sir. 6 Q. What do you notice on the photograph? 7 A. There is blood on the driver's seat. 8 Q. How long were you there for, 9 A. Approximately a half hour. 10 Q. And after that where did you go? 11 A. We went over to the 2100 block on North 12 Officer? Sawyer. 13 Q. When you arrived there what did you see? 14 A. There were several police officers there. 15 Q. Did you have a conversation with them? 16 A. Yes, sir, 17 Q. After your conversation with them what did 18 19 20 21 22 you do? A. We photographed the area and we made a search for possible firearms evidence. Q. I am showing you what was earlier marked as People's Exhibits Nos. 23 24 I did. 3, 4, 5, 6, 13, 14, and 15. Would you please take a moment and look at that? U-80 1 A. These are the photographs that we took on 2 the 7th of June from the 2100 block area; 3 Sawyer. 4 Q. 2148 North And these photographs that you identified 5 as being the photographs of the scene, do these 6 photographs truly and accurately represent the scene 7 as you found it on June 7th, 1993? 8 A. Yes, sir. 9 MR. STUDENROTH: Nothing further. 10 MR. DeLEON: Thank you. 11 12 I have no question of this witness. THE COURT: Thank you, sir. You may step down. (witness excused.) 13 14 THE COURT: 15 MR. Call your next witness. STUDENROTH: Detective Guevera. 16 17 D E T. R E N A L D 0 G U EVE R A, 18 19 called as a witness by the State's Attorney herein, 20 having been first duly sworn, was examined and 21 testified as follows: 22 23 DIRECT EXAMINATION 24 By: Mr. Studenroth U-81 1 2 3 4 Q. Sir, could you please introduce yourself to the ladies and gentlemen of the jury? A. Det. Renaldo Guevera, G-u-e-v-e-r-a. I am assigned to the Chicago 5 star number is 20861. 6 Police Department, Violent Crimes Unit. 7 Q. What part of the City do you work? 8 A. I work the north side of the City of 9 10 11 My Chicago. Q. Would that be at Area 5 located at Grand and Central? 12 A. That is correct. 13 Q. How long have you been a Chicago police 14 15 16 Officer? A. I have been a Chicago Police Officer approximately 22 years. How long have you been a Violent Crimes 17 Q. 18 detective? 19 A. Approximately five years. 20 Q. Prior to becoming a Violent Crimes 21 detective what did you do within the Chicago Police 22 Department? 23 A. 24 years. I was a Gang Crimes Specialist for 15 U-82 1 2 3 Q. Could you please describe what a Gang Crimes Specialist does? A. A Gang Crimes Specialist, their main 4 function is to gather intelligence on all gangs 5 within the area that he works in and investigate 6 gang crimes. 7 8 Q. Were you a Gang Crimes Specialist in the same area of the northwest side of the city? 9 A. Yes, I was. 10 Q. And as of -- As a Gang Crimes Specialist 11 did you deal with all types of gangs and their 12 locations within that area of the City? 13 A. Yes, I did. 14 Q. And were you familiar with the colors and 15 the gang signs and gang slogans that were used by 16 each and every gang in your area? 17 A. Yes, I am. 18 Q. And did you have an opportunity to, during 19 your years as a Gang Crimes Specialist, to make 20 arrests of gang members? 21 A. Yes. Many times. 22 Q. Approximately how many times did you make 23 arrests for the crime, where the crime was gang 24 related? U-83 1 A. Thousands of times. 2 Q. As your duties as a Violent Crimes 3 4 detective what do you do? A. As a detective my primary function is to 5 investigate any violent crimes such as robbery, 6 armed robbery, rape, criminal sexual assault, 7 murders, and aggravated batteries. 8 9 Q. In June of 1993 did you have an opportunity to investigate the murder of Monica Roman that 10 occurred on June 7th at approximately the 2100 block 11 of North Sawyer? 12 A. Yes, 13 Q. Approximately what -- Did you get involved 14 I did. in the investigation on approximately June 21st? 15 A. That is correct. 16 Q. Now prior to June 21st had there been other 17 detectives assigned to that investigation? 18 A. Yes, there were. 19 Q. And when you got involved in the 20 investigation had there been any leads or any 21 possible suspects up to that point in time? 22 A. No, there hasn't been any. 23 Q. When you were working on June 21st what 24 happened with regards to your investigation? U-84 A. 1 2 While I was in the office I received a phone call from a confidential informant. Q. 3 Could you please explain to the ladies and 4 gentlemen of the jury what a confidential informant 5 is? 6 Confidential informant is a person that A. 7 have dealt with in the past, has given me 8 information about crimes. 9 Q. I After you had the conversation with the 10 confidential informant what is the first thing you 11 did, Detective? 12 After A. I had that conversation with him I 13 went looking for a photograph of Snake, also known 14 as Geraldo Iglesias. 15 16 Q. Do you see the person in court today of the photograph that you were looking for? 17 A. Yes, 18 Q. Could you please identify that person by 19 20 21 22 I do. pointing out an article of clothing he is wearing? A. The gentleman over there with the white shirt on. MR. STUDENROTH: Indicating the in-court 23 identification of the defendant, your Honor, Geraldo 24 Iglesias, sir. U-85 1 THE COURT: 2 BY MR. 5TUDENROTH: 3 4 5 Q. 50 reflect. What was your purpose in getting a photograph of the defendant? A. To conduct a photo array, putting his 6 photograph with numerous other Hispanic or 7 male/white individuals and then conduct a photo 8 array pertaining to the crime. 9 10 Q. Did you in fact on the following day, June 22nd, conduct a photo array with Rosendo Ochoa? 11 A. Yes, 12 Q. Did you go to his house with your partner 13 I did. to do that? 14 A. Yes. 15 Q. Who were you working with that day? 16 A. Ernest Halverson. 17 Q. When you met with Roscendo Ochoa did you 18 conduct a photo array? 19 A. Yes, 20 Q. Could you please explain to the ladies and 21 22 I did. gentlemen of the jury how you did that? A. I had in my possession eight Polaroid color 23 photos, including the one of the suspect, and I laid 24 them down and asked the witness if he sees anybody U-86 1 in those photographs that he seen the night of the 2 shooting. 3 4 Q. Did you indicate to Rosendo Ochoa which photograph to select? 5 A. No, 6 Q. Did he in fact select one? 7 A. Yes, he did. 8 Q. Whose photograph did he pick out? 9 A. He picked the photo of Snake, also known as 10 11 I did not. Geraldo Iglesias. Q. Detective, I am showing you what has been 12 marked as People's Exhibit, Group Exhibit 7, A 13 through H. 14 15 Those are the photographs that you showed Rosendo on June 22, 1993? 16 A. Yes, they are. 17 Q. Could you please put your name on the back 18 of the photograph Rosendo Ochoa picked out? 19 A. 20 MR. STUDENROTH: 21 22 23 24 (indicating.) Indicating his signature on the back lower portion of the photograph, your Honor. THE COURT: Record will reflect that. Which photograph? MR. STUDENROTH: Exhibit 7D. U-87 1 THE COURT: 2 BY MR. 3 Q. 4 Record will reflect that. STUDENROTH: When he selected this photograph did he say anything about that person? 5 A. Yes, he did. 6 Q. What did he say? 7 A. He said "this is the person that I 8 9 10 saw shoot Monica Roman on that day and killed her." Q. After Rosendo Ochoa told you that what did you and your partners do? 11 A. At that point we began looking for Snake. 12 Q. What part of the City did you go looking 13 14 for him? A. Looked for him in the immediate area where 15 the Imperial Gangsters, who he is a member of, hang 16 around at. 17 Q. 18 And you knew that through your experience as a Gang Crimes Specialist, I take it? 19 A. Yes, I did. 20 Q. And specifically what area of the City did 21 you go to? 22 A. The area that goes 3200 west to 3400 west; 23 approximately 2000 north to approximately 2400 24 north, which would be -- on the south end would be U-88 1 Armitage, on the north end would be Fullerton, on 2 the west end would be Kimball, 3 be Kedzie. 4 Q. Were you able to find Geraldo Iglesias on 5 that day? 6 A. Not on that day; 7 Q. The following day, 8 no. June 23rd, did you come to work and continue looking for Geraldo Iglesias? 9 A. Yes, 10 Q. In the evening hours, 11 on the east end would I did. approximately 6:00 P.M., were you able to locate him? 12 A. Yes, 13 Q. Who was with you when you found him? 14 A. At the time it was my partner, Ernest 15 I did. Halverson, with me. 16 Q. And where did you see the defendant? 17 A. Approximately in the 2100 block of 18 19 20 Spaulding with numerous other individuals. Q. When you saw the defendant with these other people what did you and your partner do? 21 A. I immediately asked for a back-up car. 22 Q. Did a back-up car arrive? 23 A. Yes. 24 Q. Would that have been two additional U-89 1 detectives from Area 5? A. 2 3 4 Garz Yes; Det. Reccio (ph. (ph. Q. sp.) and Det. Steven sp.). When the back-up detectives arrived did you 5 at that time exit your car and place the defendant 6 under arrest? 7 A. Yes, 8 Q. After placing him under arrest did you 9 10 I did. transport him to Area 5 located at Grand and Central? 11 A. Yes, 12 Q. That evening at approximately 8:00 P.M. 13 I did. you do anything with the defendant? I did. 14 A. Yes, 15 Q. What did you do? 16 A. I put him in a lineup. 17 Q. And could you please describe for the 18 ladies and gentlemen of the jury what a lineup is 19 and how you conducted it? 20 did A. A lineup is numerous individuals including 21 the suspects are placed into a room, which is viewed 22 through a one-way mirror from another room by the 23 witnesses. 24 Q. Did you give Geraldo Iglesias an U-90 1 opportunity to select his position in the lineup? 2 A. Yes, 3 Q. And did Rosendo Ochoa come to the police 4 I did. station and view that lineup? 5 A. Yes, he did. 6 Q. And when he viewed that lineup did he 7 identify anyone? 8 A. Yes, he did. 9 Q. And when he viewed that lineup and 10 identified someone were you with him when he 11 identified that person? 12 A. Yes, 13 Q. Was there any hesitancy at the time when he 14 I was. made the identification on behalf of Rosendo Ochoa? 15 A. No, 16 Q. And did you or your partners indicate to 17 no hesitancy. He went right to him. him who to pick out of the lineup? 18 A. No, 19 Q. Showing you what has been previously marked 20 People's Exhibit No.8 for Identification. 21 22 23 24 I did not. Do you recognize that photograph? A. Yes. This is a photograph of the lineup that Ochoa viewed. Q. What person did Roscendo Ochoa select out U-91 1 of that lineup? 2 A. He picked a person in the No. 3 Q. Would that be the 5 spot, going from left 4 to right? 5 A. Correct. 6 Q. Could you please put a circle around that 7 5 spot. person's face that he identified? 8 A. 9 MR. (indicating.) STUDENROTH: Indicating for the record a 10 circle, your Honor, around the person in the 5th 11 position from left to right. 12 THE COURT: 13 BY MR. STUDENROTH: 14 15 Q. Showing you this photograph that has been previously marked, 16 17 Record so reflect. I believe, 23. Is that a photograph of the person he identified? 18 A. Yes, it is. 19 Q. And that is the same person you identified 20 in court as Rosendo or Geraldo Iglesias, sir? 21 A. Yes, it is. 22 Q. Later on that evening going into the 23 morning hours of June 24th, did you continue your 24 investigation? U-92 1 A. Yes, I did. 2 Q. And what did you do at that time? 3 A. At that point Hugo Rodriguez and I believe 4 two other people came into the office, 5 Area, and I conducted a photo array with him. Q. 6 into the So Hugo Rodriguez was not present at the 7 police station at the time Rosendo Ochoa viewed the 8 lineup; is that correct? 9 A. No, he was not. 10 Q. Obviously he was not present when Rosendo 11 Ochoa viewed the photo array; is that correct? 12 A. No, he was not. 13 Q. When Hugo Rodriguez arrived at the police 14 station and viewed the photo array who did he pick 15 out? 16 A. The same photograph Ochoa picked out. 17 Q. That would be a photograph of the 18 defendant, Geraldo Iglesias? 19 A. That is correct. 20 Q. Did you conduct the photo array with Hugo 21 Rodriguez in the same manner that you did with 22 Rosendo Ochoa? 23 A. Yes, I did. 24 Q. Did you then in the early morning hours of U-93 1 June 24th conduct a lineup with Hugo Rodriguez at 2 Area 5? 3 A. Yes, I did. 4 Q. And by the way when you conducted a photo 5 array with Hugo was anyone else present besides you 6 and Mr. Rodriguez? 7 A. Yes. 8 Q. Who was that? 9 A. Assistant State's Attorney Latz 10 Q. Latz? 11 A. Yes. 12 Q. He was present during the time Hugo 13 (ph. sp.). selected the photograph? 14 A. Yes, he was. 15 Q. When the lineup was run approximately 1:25 16 in the morning did you conduct that lineup the same 17 way you did it with Rosendo Ochoa? 18 A. Yes. Same way; different people. 19 Q. Did you give the defendant, Geraldo 20 Iglesias, an opportunity to select his position in 21 that lineup? 22 A. Yes, 23 Q. And how many people were in that lineup 24 I did. with -- the one that Hugo Rodriguez viewed? U-94 1 2 3 4 A. I believe there were six people in that particular lineup. Q. When Hugo Rodriguez viewed the lineup was there any hesitancy in the person he selected? 5 A. No. 6 Q. When he selected the person what did he 7 8 9 10 11 tell you about him? A. He said that is the person that he saw shoot and kill Monica Roman. Q. And did you suggest to him which person to pick out of the lineup? 12 A. No, 13 Q. I am showing you what has been marked 14 I did not. People's Exhibit No. 20 for Identification. Do you recognize that photograph? 15 16 A. 17 Yes, I do. This is a lineup photograph of the 18 second lineup that was conducted in the early 19 morning hours of June 24. 20 21 Q. that photograph that Hugo Rodriguez identified? 22 A. 23 MR. 24 And could you please circle the person on (indicating.) STUDENROTH: Indicating for the record, your Honor, the individual on the far right side of the U-95 1 2 photograph. THE COURT: 3 BY MR. 4 Q. 5 6 7 8 9 10 Record will so reflect. STUDENROTH: And People's Exhibit No. 21, what is that a photograph of? A. This is a photograph of the same individual by himself. Q. And does these two photographs truly and accurately depict the lineup and the person he selected on the early morning hours of June 24th? 11 A. Yes, it does. 12 Q. Detective, after the witnesses viewed the 13 lineup was the defendant charged with the murder of 14 Monica Roman? 15 A. 16 MR. 17 THE COURT: 18 BY MR. 19 Q. Yes, he was. STUDENROTH: May I have a minute, Judge? Yes. STUDENROTH: Detective, during your investigation did 20 you learn that obviously the shooter or the suspect 21 was a member of the Imperial Gangsters? 22 A. Yes. 23 Q. Did you learn that the victim, Monica 24 Roman, was in a car driven with some Latin Kings? U-96 1 A. Yes, 2 Q. Did you also learn that prior to the I did. 3 shooting the suspect shouted out the words "King 4 love?" 5 A. Yes, 6 Q. Could you please explain to the ladies and I did. 7 gentlemen of the jury why an Imperial Gangster would 8 yell out "King love" to a carload of Latin Kings? 9 A. Purpose of them doing that is whether -- to 10 find out whether the persons that are in the car are 11 affiliated with the same gang or members of the 12 opposite gangs. 13 14 Q. That is a term that is commonly referred to as false flagging? 15 A. That is correct. 16 MR. 17 THE COURT: STUDENROTH: Nothing further, Judge. Cross? 18 19 CROSS EXAMINATION 20 By: Mr. DeLeon 21 22 23 24 Q. Det. Guevera, you were not an eye witness; is that right? A. That is correct, I was not. U-97 1 Q. You from your own knowledge, of your 2 personal vision didn't see who shot Monica Romani 3 that right? 4 A. That is correct, 5 Q. You don't know then from your personal 6 knowledge, 7 that yelled "King love?" is I didn't. from your vision, that it was this man 8 A. That is correct, I don't. 9 Q. You are depending on what two witnesses, 10 Hugo Rodriguez and Ochoa -- Rosendo Ochoa, told YOUi 11 is that right? 12 A. That is correct. 13 Q. In other words they pick a man, 14 job to go and arrest themi it is your right? 15 A. That is correct. 16 Q. That is what you did; 17 A. Yes, sir. 18 Q. When you went to arrest him you found him, 19 right? you say, on the street; right? 20 A. That is correct. 21 Q. 2100 block of Spaulding; right? 22 A. That is correct. 23 Q. There is a Boy's Club not far from there? 24 A. Block-and-a-half awaYi yes. U-98 1 Q. B1ock-and-a-half away. And do you know if Mr. 2 3 works at that Boy's Club? 4 A. No, 5 Q. Have you seen Mr. 6 Iglesias, sir, I do not. Iglesias by that Boy's Club? 7 A. Many times I have. 8 Q. How many times have you seen him by the 9 10 11 12 13 Boy's Club to the best of your estimate? A. I couldn't give you an exact figure but I have seen him many times. Q. When you saw him you said you called for backup before you made the arrest; is that right? 14 A. That is correct, 15 Q. That is a precautionary measure; 16 I did. isn't that? 17 A. Yes, 18 Q. At no time when you made the arrest of Mr. 19 correct. Iglesias did he resist you? 20 A. No, 21 Q. At no time did he run away from you? 22 A. No, he did not. 23 Q. At no time did he fight with you? 24 A. No, he did not. he did not. U-99 1 2 Q. took him; He just went with you voluntarily when you right? 3 A. Right. 4 Q. Now you looked at People's Exhibit No. 5 just a few minutes ago; did you not? 6 A. Yes, 7 Q. And this is a picture depicting Geraldo 8 I did. Iglesias. 9 10 21 That is a lineup photo; is that correct? 11 A. That is correct. 12 Q. In that picture there is a height bar or a 13 tape on the wall to determine the height of 14 individuals; isn't there? 15 A. Yes, it is. 16 Q. And in fact he is placed right up against 17 that height bar apparently in that picture; 18 right? 19 A. That is correct. 20 Q. And what is the height as best you can see 21 from that picture of Mr. is that Iglesias? 22 A. Approximately five-eleven. 23 Q. And this is the bar that you normally use 24 in the station to determine a person's height? U-I00 1 A. 2 MR. That is correct. Thank you. DeLEON: 3 4 REDIRECT EXAMINATION 5 By: Mr. Studenroth 6 Q. 7 Detective, you indicated that defendant 8 didn't run or resist when you placed him under 9 arrest; is that correct? 10 A. That is correct. 11 Q. How many officers were there when you 12 placed him under arrest? 13 A. Four detectives. 14 Q. Did he have an opportunity to run or 15 resist? 16 A. I don't think so. 17 Q. And Mr. DeLeon asked you that the reason 18 you placed him under arrest was 19 eyewitnesses picked him out of a lineup in the 20 photographs. 21 22 just because two However, there was additional reasons why; isn't that correct? 23 A. Oh, yes. 24 Q. Some of the reasons was based on the U-101 1 description that these witnesses gave? 2 MR. DeLEON: Objection to that, your Honor. 3 MR. STUDENROTH: Judge, 4 5 6 door. MR. DeLEON: 9 10 I don't believe that is any opening of the door. 7 8 I believe he opened the didn't ask about descriptions. I MR. STUDENROTH: He asked him why he placed him under arrest. THE COURT: I believe the door is opened. Overruled. 11 12 BY MR. 13 Q. STUDENROTH: And didn't you learn, Detective, that 14 Rosendo Ochoa gave a description of the offender 15 that did the shooting; isn't that correct? 16 A. Yes, he did. 17 Q. And didn't you learn that Rosendo Ochoa 18 told the police officers and the detectives that the 19 person that did the shooting was a male/white 20 Hispanic? 21 A. Yes. 22 Q. And that he was between the ages of 17 and 23 24 19 years of age? A. Yes, that is correct. U-I02 1 2 Q. And he was approximately between five-five and five-seven? 3 A. That is correct. 4 Q. He was between 135 and 140 pounds? 5 A. Correct. 6 Q. That he was clean shaven? 7 A. Yes. 8 Q. And he was wearing a black hooded 9 sweatshirt and black pants; is that correct? 10 A. That is correct. 11 Q. And based upon that description that those 12 witnesses gave you a male/white Hispanic fit the 13 description of the defendant; didn't it? 14 A. That is correct. 15 MR. 16 THE COURT: Mr. DeLeon? 17 MR. If I may have a second, your Honor? 18 THE COURT: STUDENROTH: Nothing further, DeLEON: Judge. All right. 19 20 RECROSS EXAMINATION 21 By: Mr. DeLeon 22 23 24 Q. You say that a description that was given to you fit this young man here; U-103 is that right? 1 2 A. Fits the description of a male/white Hispanic. 3 Q. Light complexion? 4 A. Light complexion. 5 Q. You wrote out an arrest sheet on this case 6 you and your partner Halverson? 7 A. I believe we did; yes. 8 Q. I show you a copy and ask you if this is 9 your arrest sheet? 10 A. Yes, 11 Q. Would you tell us what you and Off. 12 it is. Halverson put down for his complexion? 13 A. Medium complexion. 14 Q. Medium complex. You didn't put down light; did you? 15 16 A. 17 MR. DeLEON: No, I did not. 18 I have no other questions. Thank you, Officer. 19 THE COURT: 20 MR. 21 THE COURT: Anything else? STUDENROTH: Nothing, Judge. Thank you, sir. 22 You may step down. 23 (witness excused.) 24 THE COURT: Counsel approach. U-I04 (Whereupon, a discussion was held 1 off the record.) 2 3 THE COURT: 4 all for today. 5 6 7 8 Okay, ladies and gentlemen, that is I ask you to please leave your notes in your chairs. I am going to ask you to return tomorrow at 10:30. See you tomorrow at 10:30. 9 10 (Which were all the proceedings had 11 at the hearing of the above-entitled 12 cause. Case continued to 2/15/94.) 13 14 15 16 17 18 19 20 21 22 23 24 U-I05 1 2 STATE OF ILLINOIS 3 COUNTY OF COOK ) ) ) SS: 4 5 I, ROCHINA V. CHOLEWA, Official 6 Court Reporter of the Circuit Court of Cook County, 7 County Department-Criminal Division, do hereby 8 certify that I reported in shorthand the proceedings 9 had in the above-entitled cause, that I thereafter 10 caused to be transcribed into typewriting the above 11 Report'of Proceedings which I hereby certify is a 12 true and correct transcript of the proceedings had 13 before the Honorable MARY MAXWELL THOMAS, 14 said Court. Judge of 15 16 17 18 t'""1-....::L-1-- Court Reporter 0 f the Circuit Court of Cook County 19 20 21 22 23 24 U-I06 rL J 1 STATE OF ILLINOIS 2 COUNTY OF COO K SS: 3 IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT-CRIMINAL DIVISION 4 5 6 THE PEOPLE OF THE STATE OF ILLINOIS 7 vs. No. 93 CR 15199 Charge: 8 Murder GERALDO IGLESIAS 9 REPORT OF PROCEEDINGS had in the 10 11 trial of the above-entitled cause, before the Honorable 12 MARY MAXWELL THOMAS, Judge of said Court, on Monday, 13 19th day of December, A.D. 1994. 14 PRESENT: 15 16 17 18 19 20 HON. JACK O'MALLEY, State's Attorney of Cook County, by MESSRS. DAVID STUDENROTH and PRADEEP ROY-SINGH, Assistant State's Attorneys, appeared for the People; MR. JOHN DE LEON, Attorney-at-laN, appeared for the Defendant. 21 22 23 24 LINDA K. MADISON, CSR OFFICIAL COURT REPORTER 2650 South California Chicago, Illinois 60608 W-1 the r L J 1 THE 2 3 COURT: Has MR. DE LEON: 5 THE COURT: 6 MR. DE LEON: Your 7 10 MR. 15 16 17 20 21 22 23 24 No, your Honor. I am just curious about timewise, Half an hour each side? DE LEON: THE COURT: That is All right. conference on Friday. fair, your Honor, if that is We had a jury instruction We did it without the benefit of the court reporter so we are going to make that information of record at this time. the order in which I And I am also going to be indicating will be giving the instructions at this time. My No.1 will be 1.01. 18 19 Anybody have any objection to them? okay with the State. 12 14 amended and new what your normal practice is. THE COURT: 13 the Yes, your Honor. Honor, 9 11 read instructions? 4 8 everyone without objection. That will be given No.2 will be 1.02 with the second paragraph relating to the testimony of the defendant and that will be given without objection. My No.3 will be 1.03, opening statements. That will be given without objection. is 3.02. My No.4 will be circumstantial evidence which That will be given without objection. will be 2.02. My No. That will be given without objection. W-2 5 No.6 L j 1 will be 2.01 given without objection. 2 given without objection. 3 objection. 4 amended. 5 be 3.06-3.07. 6 The amendment was -- 7 include the reference to whether the defendant made a 8 statement and that addition has been made. 9 we inserted this, will be 3.16. 10 objection. No. 11 11 objection. No. 12 is 3.15, given without objection. 12 13 is 3 . 11. 13 3.10 given without objection. 14 objection. 15 is 26.02 given without objection and 18 is 26.05 given 16 without objection. 17 MR. DE LEON: 18 THE COURT: 19 The amendment merely goes to a typo. 10 will Originally i t merely read -- it didn't No. lOA, because And that is given without That is given without is 3 . 12. That is given without objection. No. No. No. 14 is 15 is 1.05 given without No. 16 is 26.01 given without objection. No. 17 That is correct, your Honor. State have any problems with those? Is that accurate? 21 THE COURT: 24 No. That is given without objection as amended. MR. STUDENROTH: 23 No.8 will be 7.01A given without No.9 will be 7.02A given without objection as 20 22 No.7 will be 2.03 That is good, Judge. Then we are ready to go. (Jury entered.} As I told you Friday, you have heard all the evidence in the case and we are now ready to proceed to the \".