ranscript of Record AIJB1e&l FIRST 94 CR 24318 t Court No. fudge _________T_H_IDIT_s__N.__ wing Court No. __96_-_10....;:,17_ _-.---.; THE PEOPLE OF THE STATE OF ILLINOIS vs. -.'r ." ROBERTO p..?t>t C 'L L\,)\L IMPLEADED FilE ARPELLATE from CIRCUIT COURT of . COOK COUNTY, ILLINOIS R] S1 c'Jt.N W\. S. COUNTY DEPARTMENT, CRIMINAL DIVISION VOLUME SIX OF SIX VOLUMES AURELIA PUCINSKI i ! Per ___ AP_/G_L_ _ _ _ __ Deputy FILED MAY 231996 STATE OF ILLINOIS ) . SS : AUli.ELlA PUCINSKI COUNTY OF COO K ) CLERK .OF. CIRCUIT COURt IN THE CIRCUIT CC,.2(.T OF THE COOK COUNTY . COUNTY DIVISION THE PEOPLE OF STATE OF ':HE NO: vs. 94-24318 ROBERTO ALMODOVAR WILLIAM NEGRON REPORT OF PROCEEDINGS BE IT REMEMBERED, That this cause came on for hearing in the above-entitled cause, before the Honorable TUEEIS N. IS, Judge of said court, on this, the 29th day of November, A.D. 1995. APPEARANCES: MR. MR. MR. JACK O'MALLEY, State's Attorney of Cook County, JACK CALLAHAN, THOMAS LYONS, Assistant State's Attorneys, appeared for the People MR. CLARENCE BURCH, appeared for Defendant Almodovar MR. MR. THOMAS GIBBONS, MITCHELL KREITER, appeared for Defendant Negron Christina M. Adams, CSR Official Court Reporter 2650 S. California - 4C02 890-6065 .>: by: MOTIONS OFF ICER BUT:Examination Examination Cross Examination - Almodovar Negron 17 27 JACKUELINE GRANDE Direct Examination Cross Examination Cross Examination - Almodovar Negron 34 70 91 3 6 STIPULATIONS 119 OFFICE MC MURRAY Direct Examination Cross Examination Cross Examination - Almodovar Negron 128 DETECTIVE GUEVARA Direct Examination Cross Examination Cross Examination - Almodovar Negron 134 155 175 121 EXHIBITS CONFERENCE MOTIONS FOR DIRECTED VERDICTS STATE RESTS 202 204 205 JUAN VELEZ Direct Examination Cross Examination Negron 206 214 Almodovar 219 228 MS. RODRIGUEZ Direct Examination Cross Examination DEFENDANT ALMODOVAR Direct Examination Cross Examination Re-Direct Examination Re-Cross Examination 260 274 302 304 DEFENDANT ALMODOVAR RESTS DEFENDANT NEGRON RESTS 316 316 1 L .J 'j 1 THE CLEEK: 4 Illinois Roberto Almodovar and William Negron. 2 3 The People of the State of THE COURT: Anything we have to resolve before T,He begin? GIBBONS: 5 MR. 6 THE COURT: 7 MR. GIBBONS: I have a motion in limine. What motion is that? The State indicated they intend 8 to call a witness by the name of Detective McMurray 9 in their case in chief. 10 Mr. McMurray intends to testify that on 11 June 25th of 1995 he recovered some police reports 12 related to this case and another case from the 13 of a purported gangster or gang member named 14 Leandro Marin, 15 believe, 16 this case, 17 through the facts of this case, Judge, L-e-a-n-d-r-o THE COURT: 19 MR. I don't that that is admissible evidence in your Honor. 18 M-a-r-i-n. home The State can't tie it up Judge. State? CALLAHAN: Judge, I Judge. do, we do seek to call 20 Detective McMurray, His testimony would in 21 substance be very brief, 22 date he did recover while executing a 23 warrant while he was investigating another murder 24 at the home of Leandro Marin, that on that particular 3 search a person who is known l i,' 1 as an Insane Dragon, 2 police reports on this particular case as well as 3 the case mentioned on cross-examination brought up 4 of a murder that happened two days prior to this, 5 Judge. 6 full set of It's clear that the Defense is trying to 7 impeach and diminish the credibility as to Mr. 8 as to why he did certain things and the things that 9 were going on that lead to an alleged recantation Saez 10 or the affidavit as he talked about with the prior 11 Attorney, 12 ... he recovered a Judge. I'd just seek to have Detective McMurray 13 testify that they were recovered from this 14 particular person's home 15 police reports on this and the other murder. 16 believe it is tied to this case. 17 on this casco 18 has bee'l cross examination on the motivation and 19 the reasons 20 things. I I for a it was a full set of I It's the reports believe in a sense there as well particular witness to do certain It is relevant, Judge. It's probative and believe i t ' s credible evidence coming from the 22 Detective as to where he recovered it from and who 23 he recovered it from. 24 MR. GIBBONS: May I respond? 4 LJ 1 THE COURT: 2 MR. Sure. There's no indication that this GIBBONS: 3 Leonardo Marin was involved in this case whatsoever 4 or the reports were used somehow to threaten my 5 client. 6 evidence to that effect. 7 8 The State's going to be unable to produce THE COURT: Motion in limine will be denied. Everybody ready? Thank you. Please bring out the 9 Please rise. jury. 10 (Whereupon, .11 the following 12 proceedings were had in the 13 presence and hearing of the 14 Jury) 15 16 THE COURT: Please be seated. 17 Good morning, 18 believe we are ready to resume. 19 MR. 20 THE COURT: 21 CALLAHAN: Ladies and Gentlemen. I State? Yes, Judge. Please remain standing, your right hand. 22 23 24 5 sir. Raise OFFICER BUTLER, 1 L1 . .J 2 a witness called on behalf of the People of the 3 State of Illinois, 4 testified as was duly sworn, examined and follows: 5 6 DIRECT EXAMINATION 7 BY 8 MR. CALLAHAN 9 10 THE COURT: 11 MR. 12 THE COURT: 13 MR. 14 Have a CALLAHAN: seat, May I sir. proceed, Judge? Please. CALLAHAN: Sir, Q could you please state your name and spell your last name for the Court? 15 A John R. 16 Q How are you employed, 17 A I Butler. B-u-t-l-e-r. sir? am employed as a Chicago Police Officer. 18 My assignment is the Crime Laboratory, 19 Crime Scene processing Unit. 20 forensic investigator, 21 22 Q I Mobile Unit; am employed as a an evidence technician. What is the nature of your duties in that type of work? 23 A I 24 Q When you say process, process primarily major crime scenes. 6 would you please Ll 1 tell us a 2 responsible for doing when you're at a crime scene? 3 A few of the things that you are Basically the crime scenes are processed 4 by photographing them, 5 evidence, 6 transporting it to the Crime Lab for further 7 analysis and in some cases examining the area for 8 ridge impressions, which are fingerprints. 9 Q searching them for physical documenting that physical evidence, Now sir, directing your attention to Did you have a chance to 10 September 1, 1994. 11 respond to the area of 3920 West Cortland in 12 Chicago? 13 A Yes, 14 Q What was the nature of that call if you 15 16 17 18 19 I did sir. can remember? A We were assigned a homicide investigation at that location. Q Were you working by yourself or with a partner at that time? 20 A I was working with a partner. 21 Q Who was that person? 22 A Patrick Moran. 23 Q When you arrived at the scene could you 24 M-o-r-a-n. please describe the general area to the Ladies and .. 7 1 2 Gentlemen of the jury? The area is a A residential area. It has 3 apartment buildings on both sides of Cortland. 4 has a street. 5 on the west side. It's a Q Officer? 7 A Go ahead. 8 Q I'm sorry? 9 A And the park, 11 12 It has a street It has alleys on the east side. 6 10 short block. It there's a parkway and a sidewalk on both sides of the street. Now sir, Q did you go to the doorway at 3920 It's a common doorway. or 3918? Correct? 13 A That's correct. 14 Q As you would be standing at that doorway, 15 can you tell the Ladies and Gentlemen of the 16 where there were certain lights or what the 17 lighting conditions were at that particular point? The lighting conditions were very very 18 A 19 good. 20 front entryway for the building. 21 in the foyer. 22 There is a 23 overhead light, 24 Q jury They had, they have a There's a light in front in the There is a light light in the stairway. light across the street. It's a street hangs over the street. Just so we can all get a 8 picture of where Ll 1 you're speaking of, these lights if you were 2 standing in the doorway of 3920 Cortland looking 3 out to the street, 4 were? 5 A tell us where the streetlights The street across, the light which is 6 across the street is I'd say approximately 30 feet 7 from the foyer. 8 Street. 9 the east of the building. It overhangs over the Cortland There is lighting in both the alleys to 10 Q And is there an alley? 11 A Pardon me? 12 Q Is there an alley across the street from 13 the 3920 building? 14 A Yes there is. 15 Q Across the street east? 16 A It's southeast. And also there's an alley 17 adjacent to the building which has lighting in both 18 them alleys. 19 Q Now sir, did you have any difficulty 20 seeing people and things with the lighting 21 conditions as they were when you arrived at about 22 1:45 a.m.? 23 A None whatsoever. 24 Q It was otherwise dark at that time though. 9 1 I'. l L ..J 2 3 4 Correct? A It was dark. It was evening, early morning. Q Now after you arrived at the building did 5 you observe if there were any victims who were 6 still present in the area? 7 A Yes we did. 8 Q Where was this person? 9 A The first floor 10 Q Could you tell if that person was a male 11 or female? landing. 12 A It was a 13 Q Was that person alive or deceased? 14 A She was deceased. 15 Q What did you observe about her body area? 16 A She was lying on the foyer female. 17 of blood around the torso, 18 body. 19 20 Q in a large pool the upper portion of the Were there other Chicago Police personnel on the scene? 21 A Yes there was. 22 Q Approximately how many officers would 23 there be, 24 uniform as well as Detectives involved in the including both beat or patrol officers in 10 1 I l investigation approximately? 2 A Approximately 6 or 8; 3 Q Were there paramedic personnel near the 4 over a half dozen. area if you can recall? 5 A There was. 6 Q At that time when you arrived? 7 A At that time there was not. 8 Q Were there civilians out in the area when 9 10 11 12 13 14 15 16 you arrived? A There was a crowd that was across the street. Q The immediate area of 3920, was that blocked off in some manner? A Yes, it was. It was taped off with police security tape. Q Sir, can you please tell the Ladies and 17 Gentlemen of the jury if you recovered anything 18 from the area immediately around the 3920 doorway? 19 A Yes we did. 20 Q What was that? 21 A We recovered a fired bullet in the street 22 several feet from the curb in front of a Chevy that 23 was parked in front at that location; 24 blue Chevorlet. 11 a two door 1 Q Did you recover any other bullets? 2 A Yes, we did. We recovered a bullet out of We recovered a bullet, or 3 the wall of the foyer. 4 the lobby. 5 And we also recovered a bullet from the clothing of 6 the victim. 7 8 9 Q We recovered a bullet from the stairs. Now from your own experience, A They were middle size caliber. not say exactly. 11 caliber weapon. 13 14 could you tell what type of bullets those were? 10 12 sir, Q In the area of 38, 32, I could you know, Did you recover any what are commonly called casings? A No. 15 recovered. 16 Q There were no cartridge cases 4 17 And those type of casings would be found when an automatic handgun is used. 18 A That's correct. 19 Q Now sir, Correct? after you recovered those 4 fired 20 bullets, 21 area? 22 A Yes we did. 23 Q Were you able to recover any fingerprints 24 did you take certain photographs of the around the area adjacent to where this occurred? 12 I 1 L.J 1 A No.we did not. 2 Q And were you informed of how the offenders 3 ln this matter had fled or left? 4 A I was not informed. 5 Q Now -- may I 6 THE COURT: 7 MR. approach the witness, Judge? You may. CALLAHAN: Q Sir, I'm going to show you 8 what's marked as People's Exhibit Number Five for 9 Identification. Can you tell the Ladies and 10 Gentlemen of the jury what's shown in that 11 photograph? 12 A This is a photograph taken from the foyer 13 area of the front of the building of 820 18 14 Cortland. 15 the cars parked in front, 16 gathered across the street, 17 general conditions of the building in that area. 18 Q It is a view across the street depicting security tape and the Thank you. Sir, 19 the people that were I'm going to show you what's marked 20 as People's Exhibit Number Fifteen for 21 Identification. 22 photograph of? 23 24 A What do you recognize that to be a This is an overall view of the victim on the first floor depicting a 13 large amount of blood "L" l 1 that was there, 2 when we come upon the scene. 3 4 Q clothing and the way she was found Did you recover one of the bullets from her clothing area? 5 A Yes we did. 6 Q Sir, 7 8 9 please identify what's shown in People's Exhibit Number Seventeen? A This is a close up view of one of the bullets that was fired through the window of the 10 entrance to the apartment building and to the foyer 11 or the lobby. 12 Q Showing you what's marked People's 13 Exhibits Number Nineteen. 14 shown in that photograph, 15 A Can you indicate what is sir? Exhibit Nineteen depicts a close up of the 16 hole and the bullet that was in the wall of the 17 lobby at the 18 19 Q location of 820 Cortland. What's shown in this photograph, People's Exhibit Number, excuse me, sir, Twenty for 20 21 A In Exhibit Twenty it shows a close up of 22 the fired bullet that we had recovered from the 23 stairway leading to the first 24 Q floor Could you use this marker, 14 landing. sir, and draw a 1 · I LJ 2 A Yes, 3 Q Showing you what's People's Exhibit Number 4 Twenty One. 5 photograph? sir. Do you recognize what's shown in that 6 A Yes 7 Q What is that, 8 A This is a 9 10 : circle all around that bullet? I do. sir? close up of the bullet that entered the right portion of the victim's back. Q Sir, showing you what's marked as People's 11 Exhibit Number Twenty Two for 12 does that photograph show? identification. What ' 13 A This is a close up of the bullet that was 14 recovered in the street adjacent to the curb, 15 in front of the sidewalk that goes into the foyer 16 of 820. 17 Q Could you use this marker, sir, right and draw a 18 circle all around the bullet that was recovered at 19 that location? 20 A Yes, sir. 21 Q Sir, do those exhibits that I've just 22 shown you truly and accurately show the area as it 23 looked when you observed it in the early morning 24 hours of September 1, 1994? 15 L1 1 A Yes they do. 2 Q Sir, 3 I'm going to show you what's marked as People's Exhibit Number Twenty Three. Can you please tell the Ladies and 4 5 Gentlemen of the Jury what's contained in that 6 envelope? For the record there's four envelopes 7 8 contained within that exhibit. A 9 In the plastic envelope we have 4 evidence Those are our envelopes that we had 10 envelopes. 11 placed the fired bullets that we had recovered from 12 the scene. 13 Q 14 And sir, did you open that particular envelope this morning when you came to court? Yes, I did. I opened the sealed plastic 15 A 16 envelope. 17 Q And did you look at those 4 fired bullets, 19 A I 20 Q Are those your markings or your partner's 18 21 22 sir? looked at the envelopes. markings on those particular envelopes? A It is our markings and the information we 23 had placed on the envelope to document the 24 location. 16 1 L.JI Q Is there another name found on these Is there another name affixed 2 envelopes as well? 3 to the envelope as well as on the reverse side? 4 A Yes there is. 5 Q Who is that? 6 A That's Ernie Warner, 7 8 9 10 a firearms expert at the Chicago Crime Laboratory. Q Sir, do these exhibits appear to be in substantially the same condition as they were September 1st when you inventoried them? 5 11 12 13 14 A Yes they are with the exception they've been cut open on the side. Q Those were inventoried under inventory number 1368633? 15 A That's correct. 16 Q I 17 THE COURT: #1368633. have no other questions, Cross, Mr. Judge. Burch? 18 19 CROSS EXAMINATION 20 BY 21 MR. BURCH 22 23 24 Q Detective Butler, your assignment was to gather evidence when you went to the scene. 17 Is 1 L1 j that correct? 2 A That's correct. 3 Q And when you first 4 described the lighting conditions in that area. 5 that correct? 6 A That's correct. 7 Q Now how many photographs did you take on 8 the evening, 9 of 1994? 10 11 12 13 A early morning hours of September 1st I would say in this case we took approximately eighteen photos. Q Now did you take any photographs of the lighting conditions where these lights were? 14 A Yes we did. 15 Q Do you have those with you? 16 A I 17 Q One moment, believe we have them here. 18 \:,.,'.... : sat down here today you Sir, your Honor. I would like to show you what 19 I ' l l mark as Defendant's Group Exhibit Eight for 20 purposes of identification and ask you if you 21 recognize any of these photographs as photographs 22 you took that evening? I recognize these photographs. 23 A Yes. 24 Q Do you recognize'any photographs of the 18 Is lJ 1 lighting conditions that you described earlier 2 today in those photographs? 3 A There are some in these photographs. 4 are close-ups. 5 the lights that are there. 6 Q Okay. Some Some show the lighting conditions, Could you please take those 7 photographs from the group that you say show the 8 lighting conditions? Could the record reflect that from the 9 10 group he's isolated, 11 taken from the group of photographs which you say 12 are indicating the lighting conditions? 13 14 15 A how many photographs have you There are five photographs here that indicate lighting conditions at the scene. Q Now I ask you to look at what I'll mark 16 as, well 17 you to look at that photograph. 18 19 20 I'll show it to you as Eight (A) and ask Could you please describe what's depicted in that photograph? A This is an overall photograph at Harding It shows the intersection with the 21 and Cortland. 22 streetlight at the corner of that location. 23 24 Q Okay. And that's the photograph that you previously indicate, well, 19 you previously described "L""" l.J 1 a light as being approximately 30 feet 2 entryway of 3 4 No. A MR. CALLAHAN: THE COURT: 8 MR. Judge, I would suggest we mark He said Eight CALLAHAN: (A). It's not marked though. Otherwise i t ' s going to get misplaced. 10 THE COURT: 11 MR. 12 light across the street. these. 7 9 There was a Is that correct? It's not depicted clearly in this photograph. 5 '6 3920 Cortland. from the Oh, CALLAHAN: yes. I understand. Why don't we mark it now so we know what we're talking about. 13 THE COURT: He may. 14 MR. Q BURCH: Could the record reflect I have 15 marked this as Defendant Almodovar's Exhibit Eight 16 (A) out of Group Exhibit Eight? 17 So the only light that's depicted in that 18 photograph is the light on the corner, 19 on the corner of Harding and Cortland. 20 correct? streetlight Is that 21 A That's correct. 22 Q And that light would be more than 30 feet 23 from the, 24 correct? well, the doorway of 3920. 20 Is that 1 A That's correct. 2 Q Other than that light there are no other 3 lights depicted in that photograph. 4 correct? Is that 5 A That's correct. 6 Q I ' l l show you what I ' l l marked as Eight Almodovar's Eight 7 (B); 8 that photograph. and ask you to look at (B) Could you please describe to the Ladies 9 10 and Gentlemen of the Jury the light that's 11 described in that photograph? 12 13 14 15 A Yes. There is a light over the foyer door in this photograph. Q Okay. Now that is a light bulb. Is that correct? 16 A That's correct. 17 Q Were you able to determine the wattage or 18 whether it was 19 light bulb at the time you examined the scene? 20 MR. 21 THE COURT: 22 A 40 watt, CALLAHAN: 50, 60 or a hundred watt Objection. He may answer. My only determination of that was the 23 adequate lighting that it presented to us in order 24 to find physical evidence which was on the ground 21 1 L1 J 2 3 in the area. MR. BURCH: Sir, were you able to Q determine the wattage of that light bulb? I did not. 4 A 5 MR. CALLAHAN: 6 MR. BURCH: He didn't. 7 THE COURT: Excuse me. 8 9 Objection. I He just answered it. asked him. Do you recall what the wattage -- you don't recall what the wattage was, No, do you? sir. 10 A 11 THE COURT: Thank you. 12 MR. Q BURCH: Now when you, that light was the 13 only light that was present in that immediate area. 14 Is that correct? 15 A No that was not. 16 Q What other light was available or in that 17 immediate area? 6 18 19 20 21 A 24 light in the foyer, the foyer on the inside of the lobby was well l i t . Q Now you were aware that the shooting had taken place on the street. 22 23 There was a Is that correct? That's correct. Q Were there any lights on the street within 30 feet other than that light bulb? 22 There was a 1 A 2 the foyer, 3 Q light across the street from a streetlight. Okay. Assuming for purposes of 4 illustration you're at 3920. 5 there was a Are you telling us light directly across the street? Yes, sir. 6 A Across the street. 7 Q Did you take photographs of that light? 8 A We took a photo of the view across the 9 10 11 12 street. But in the photographs I see I do not see the light depicted there. Q Is that, would that be a streetlight directly across the street? 13 A That's correct. 14 Q That's a City of Chicago streetlight? 15 A That's correct. 16 Q Approach the witness, 17 THE COURT: Sure. 18 MR. Q BURCH: your Honor. I ' l l show you what I've marked 19 as Defendant's Number Nine for purposes of 20 identification and ask you if you recognize that 21 22 photograph? A This is a photograph across the street 23 there. 24 Q I'd ask you to look at that. 23 Does that L l j 1 photograph truly and accurately depict the way 2 across the street looked on the early morning hours 3 of September 1, 4 A with the exception, 5 buildings, 6 Q 7 1994? yes, with the yes. Do you see a streetlight in that photograph? 8 A No I don't. 9 Q Is that, does that photograph truly and 10 accurately, that encompasses the front 11 building directly across the street. 12 correct? of the Is that 13 A That's correct. 14 Q I ' l l show you a photograph what, which I 15 have marked Defendant's Group, well, Defendant's 16 Exhibit Number Ten for 17 and ask you if you recognize that photograph? purposes of identification 18 A Yes I 19 Q What do you recognize that photograph as? 20 A This is Cortland. 21 do. And I believe this is facing east. 22 Q Harding. 23 A Yes. 24 Q And do you see both sides of the street of Is that correct? 24 1 l Cortland in that photograph? 2 A That's correct. 3 Q Does that photograph depict the short 4 block that you previously described which this 5 shooting took place? 6 A That's correct. 7 Q Do you see a light on either side of the 8 street on Cortland between Harding and the alley 9 which you previously described? 10 A I do not see the light, 11 Q I ' l l mark, no. I ' l l show you what I've marked 12 Defendant's Exhibit Number Eleven for purposes of 13 identification and ask you if you recognize that 14 photograph? 15 A Yes I do. 16 Q What do you recognize in that photograph? 17 A This is the building from, this is a view 18 of the building from Harding viewing the side of 19 the building across the street from 820. 20 Q Does that photograph truly and accurately 21 depict the way the building looks on the other side 22 of where the shooting took place? 23 A Yes it does. 24 Q And there's no light on that side of the 25 Ll 1 2 3 4 street. Is that correct? There is, A I cannot, there is no streetlight. Thank you. Q 5 Now when you investigated the scene, 6 directly in front 7 be going from a westerly direction, 8 on the north side of the street, does that make 9 sense? of 3920 on the lanes that would which would be 10 A Yes. 11 Q Did you find any skid marks? 12 A No we did not. 13 Q Now the photographs that you took of the 14 scene, 15 camera? you used a flash. Is that correct, in your 16 A That's correct. 17 Q Which would have been an artificial 18 lighting source that l i t up the area. 19 correct? Is that 20 A That's correct. 21 Q So that you could take pictures? 22 A That's correct. 23 Q Thank you. 24 MR. KREITER: I If I have no further questions. may inquire, 26 your Honor. 1 LJ THE COURT: Yes, Mr. Kreiter. 2 3 CROSS EXAMINATION 4 BY 5 MR. KREITER 6 7 8 Q a flash. Officer Butler, Mr. You use a flash. Burch asked you about Correct? 9 A That's correct. 10 Q You're an evidence technician within the 11 Chicago Police Department? 12 A That's correct. 13 Q Your photograph equipment is of a very 14 high quality. Is that correct? 15 A Yes. 16 Q And the flash that you have is very good 17 quality flash. It's good quality. Yes it is. Isn't that correct? 18 A That's correct. 19 Q And that flash that you have is 20 specifically designed to illuminate areas. 21 that correct? Isn't 22 A That's correct. 23 Q To eliminate areas as much as possible. 24 Isn't that correct? 27 L1 1 A That's correct. 2 Q And i t ' s a very expensive piece of 3 equipment. Isn't it? 4 A Yes it is. 5 Q When you take these pictures with your 7 6 flash you put them on a tripod too, don't you? 7 A No we do not. 8 Q Now you told us you arrived at the scene 9 at about 1:45 in the morning. Is that right? 10 A That's correct. 11 Q And you arrived there what, 12 after this incident occurred. about an hour Correct? 13 A Approximately, 14 Q When you got there you saw what, 15 16 17 18 of police officers. A yes. a bunch Right? There were officers and a large crowd out in front of the building there. Q Right. And would it be a safe statement 19 that during the course, well, 20 the scene? how long were you on 21 A Oh, 22 Q And during the course of your time on the I would have to say about an hour. 23 scene did you see maybe fifteen, 24 eighteen different police officers other than 28 sixteen or 1 LJ yourself and your partner? 2 I would have to say there was at the time A 3 I 4 there. 5 and left. 6 Q When you came? 7 A No. 8 Q Okay. 9 10 arrived there there were at least a There were some that had come, While I came there was there. So would you say that sixteen police officers were present during the time that you were out there about? 11 12 half a dozen A I would have to say a dozen would be a fair -- I"'. '.. 13 Q Okay. And all of those police officers 14 were investigating looking for evidence talking to 15 witnesses doing things like that. Correct? 16 A That's correct. 17 Q And what was recovered as a result of this 18 investigation were the 4 bullets that you referred 19 to, right? 20 A That's correct. 21 Q There were no other bullets recovered. 22 Isn't that right? 23 A Not to my recollection. 24 Q Would it be a safe statements to say that 29 L9 1 this area where the incident occurred was 2 thoroughly searched? 3 A It was. 4 Q By numerous police officers. 5 Isn't that right? 6 A That's correct. 7 Q And these bullets you told us during the 8 course of your direct examination, 9 for sure if they were 32 or 10 you didn't know 38 caliber bullets. Isn't that correct? 11 A That's correct. 12 Q But you inventoried these bullets. 13 A That's correct. 14 Q You sent them to the Crime Laboratory for 15 Right? analysis, didn't you? 16 A That's correct. 17 Q And that analysis revealed that each of 18 these 4 bullets was in fact a 19 Isn't that right? 20 A 21 firearms. 22 Q 23 24 I did not see the report from the So you're the evidence technician assigned to this case, A 38 caliber bullet. correct? That's correct. 30 1 J l Lj 2 Q There was a Isn't that report made. correct? 3 A That's correct. 4 Q That report was done by Ernest Warner. 5 6 7 Isn't that correct? MR. LYONS: The witness stated he hasn't seen it. 8 THE COURT: 9 HR. 10 Objection. A He may answer. KREITER: I Isn't that correct? Q have noticed on the envelope that was 11 showed me Ernest Warner's name is on that and he I 12 assume was assigned the case and analyzed the 13 contents which were the bullets that we recovered 14 that were in the envelopes. 15 16 Q But you don't know what the results of that analysis are, I do you? really, no I don't. 17 A No. 18 Q You also told us that you took pictures of 19 the crime scene. Correct? 20 A That's correct. 21 Q I'd ask leave of Court to approach the 22 witness, your Honor. 23 THE COURT: 24 MR. KREITER: Sure. Q Go ahead. Officer, 31 I now want to show 1 you what we have previously marked as Defendant 2 Negron's Exhibit Number Three for 3 THE COURT: 4 HR. 5 THE COURT: That's one we've used before, I apologize. I'm sorry. MR. yes. KREITER: And ask you if you Q identify what's depicted in that photo'-raph? 10 Gang symbols that I A 11 the foyer. 12 Q 13 0 14 Cortland. f the f 0 You too k a pic t 1.1. Ye r din g 0 f the ;- i,e i 1 woulr ?ssume were on That's your picture • 10 cat e d at 3 9 20 We st Isn't that correct? 15 Objection. 16 He may answer. 17 I know we took photos of the foyer. 18 don't particularly recall. IS There was gang symbols on there, 20 photographed the foyer. 21 photograph from that foyer. 22 THE COURT: 23 MR. 24 Oh, I'm sorry. 8 9 KREITER: Five. Judge. 6 7 No. Identification. KREITER: I do' recall it. but we did not, So I'd assume this is a Sustained. If I In fact I Stricken. may have a moment, Honor. 32 your we , "'1 LJ 1 2 3 4 So you don't recall if you took this Q picture or not. Is that correct? I did not take this That's correct. A picture. It's not listed. 5 Q Was your partner taking pictures as well? 6 A No. 7 Q But you do recall gang slogans written all 8 I over the foyer, photographed the scene. correct, of 3920 West Cortland? 9 A That's correct, sir. 10 Q How long did you stay out there that 8 11 night, Officer? 12 A I would say approximately an hour. 13 Q Nothing further of this witness, 14 15 16 Honor. MR. CALLAHAN: I have THE COURT: 19 could have one moment, else, Judge. You may step down. Thank you very much. 20 A 21 THE COURT: 22 If I Judge. 17 18 your You're welcome, your Honor. Call your next. Please raise your right hand. 23 ::'4 33 1 L1 .J JACKUELINE GRANDE, 2 a witness called on behalf of the People of the 3 State of Illinois, was duly sworn, 4 testified as follows: examined and 5 6 DIRECT EXAMINATION 7 BY 8 MR. LYONS 9 10 THE COURT: Thank you. 11 MR. Q LYONS: Jackie, Have a seat please. in a loud clear voice 12 I'd ask you to please state, 13 last name for the Ladies and Gentlemen of the Jury 14 and for the Court Reporter? 15 A My first name is Jackueline, 16 J-a-c-k-u-e-l-i-n-e. 17 G-r-a-n-d-e. 18 19 THE COURT: favor, 20 spell your first and My last name is Grande. Excuse me. I want you to do me a Jackueline. Right in front of you, that little metal 21 piece in the wood is a microphone. If you'll 22 direct, That little 23 metal piece right in front 24 direct your voice in that direction it will pick it you're almost touching it. 34 of you, if you will 1 up and everybody will be able to hear you clearly. " 't '''1 L,.J 2 A 3 THE COURT: 4 MR. 5 Thank you. LYONS: Go ahead. Q Ms. Grande, how old are you today? 6 A Twenty one years old. 7 Q And are you working? 8 A Yes, 9 Q Where are you working? 10 A I'm working as a teller at LaSalle 11 sir. National Bank and as a cashier at Osco Drugs. Now drawing your at.tention to September 1, 12 Q 13 1994. 14 A Yes 15 Q Where were you working then? 16 A I 17 Were you working at that time? I was. was working at a food store, Buterra's Food Store. 18 Q Were you also going to school? 19 A Yes, 20 Q Where were you going to school at that 21 time? 22 A I was going to Truman College. 23 Q And after you've completed your studies at 24 I was. Truman do you plan on continuing your education? 35 r 1 L .J 1 A Yes I 2 Q Where are you continuing your education? 3 A I will be continuing as a pediatric 4 5 6 nursing at USC College. Have you already been accepted to that Q program? 7 A 8 MR. 9 10 11 12 13 am. this, Yes. GIBBONS: Objection to the relevancy of Judge. THE COURT: Preliminary. Overruled at this point. MR. LYONS: Q When are you going to be starting up your nursing studies? 14 A Classes should be starting in February. 15 Q Now Jackie, I'm going to talk, drawing Did you know a 16 your attention to last September. 17 young girl by the name of Amy Merkes? 18 A Yes I 19 Q How did you first get to know Amy? 20 A I 21 cashier. do. started working at Buterra's as a Three weeks after she had started. 22 Q Three weeks what? 23 A Three weeks, 24 started. yeah, like after she had She started before I 36 did. LJ 1 Q So you first met Amy at Buterra? 2 A Yes. 3 Q And how long had you been working at 4 Buterra before September of 5 work there? '94? How long did you 6 A For about a year, year and a half. 7 Q Did you and Amy become friends? 8 A Yes we did. 9 Q Can you tell the Ladies and Gentlemen of 10 the Jury what your relationship with Amy Merkes was 11 like in September of 1994? 12 A When we started working we became good 13 friends. 14 She also helped me in school. 15 into Truman College. 16 17 And we started hanging around together. She became my best friend. What type of things Q She helped me get or activities did you and Amy do together? 18 A We used to go out all the time. We were We would talk on the phone like 19 always together. 20 two, 21 worked together. 22 house and then she would take the train to her 23 house. 24 out shopping. four in the morning just to the next day. We She would walk me from work to my We used to go to the movies. 37 We used to go 1 L j 2 3 4 5 6 Q Now Jackie, back in September of where was Amy living A She was that time? living with her mother in Oak Park. Q And without giving the exact address what part of the city or county were you living? 7 A The north side, 8 Q Jackie, 9 last year Irving near Western. on September 1, 1994 did you have occasion to see your friend Amy on that day? 10 A Yes, 11 Q Explain to the Ladies and Gentlemen of the I did. 12 jury how it was that you came to see Amy on that 13 particular day? 14 A During the days 15 Q Where was Amy going to school? 16 A She was going to Triton College. I know she had school. 9 She was 17 taking history class because she wanted to be a 18 history teacher. 19 Q Well, did you see her at work that day? 20 A No, didn't. 21 Q And some time later did you have occasion 22 I to see your friend Amy? 23 A Yes, 24 Q Tell the I did. jury how you came about spending 38 II .J 1 2 some time with Amy on that day? A Well, I got home from school that night 3 about 9:45, 4 gone to school that day. 5 asked me if I 6 boyfriend Kennelly. 7 8 Q She was at home. 9:50 or so. She called me and she would come over with her to see her Had you ever met this boyfriend Kennelly before? 9 A Once I 10 Q Was that 11 A I saw him. just prior to this? never spoke to him. I conversation with him. 13 told me that was Kennelly. 15 Q I never had a just saw him. 12 14 She had And she That's it. Now when your friend Amy asked you to come out with her that night, did you agree to go? 16 A Yes, 17 Q And where did you two meet? 18 A She took the train from her house to my I did. She came over my house and we started 19 house. 20 walking from there. 21 Q Where did you go from there? 22 A We were walking because the bus wasn't 23 coming. 24 Pulaski and the bus wasn't coming. We were, our idea was to take the bus to 39 So we started "l L .J 1 walking and 2 Q Go on? 3 A We saw the bus coming. 4 We went to Pulaski. 5 Cortland. 6 Q 7 We got on the bus. From there we took Pulaski to Now where were you going with your friends? 8 A We were going to meet with Kennelly. 9 Q What happened after you got off of the 11 A We walked over to the building. 12 Q Where was that building located? 13 A 3920 West Cortland I 14 Q What did you do when you got to the 15 building? 16 A 10 bus? believe. We didn't see Kennelly there so we walked 17 to the next block to the phone and she made a phone 18 call. 19 20 Q After, were you present when she made the phone call? 21 A I'm sorry? 22 Q Were you there when Amy made the phone 23 call? 24 A Yes. 40 LJ Q 1 2 After she made the phone call did you and Amy go somewhere again? We went back to the building. 3 A Yes. 4 Q You were on foot at this time? 5 A Yes. 6 Q What happened when you say you went back Are you talking about the 3920 7 to the building? 8 building? 9 A Yes. 10 Q What happened then? 11 A Kennelly was there with his friend Jorge 12 and we got there. Q 13 14 When you say Kennelly and his friend Jorge, were there, did you go into the building? 15 A No. 16 Q Where did you first see the other young 18 A We stayed outside, 19 Q What happened when you saw them? 20 A I 17 21 men? had a second chance to meet Jorge again. We sat down. 22 Q 23 sit down? 24 A stood outside. We were joking around. When you say you sat down, where did you In the front by the door, by the entrance d1 L1 1 door, the main entrance. j 2 Could you describe what the building of Q 3 3920 Cortland looked like for the Ladies and 4 Gentlemen please? 5 I A believe it has three doors, three main 6 doors to go up to the apartments and we were in the 7 middle. Could you describe the door you were in 8 Q 9 front of? 10 It's a wooden door with small glasses and A 11 then it has in the middle is the mail and the door 12 bells. 13 to go up the stairs to the apartments. 14 15 And on the other side there's another door Q So is this a multi-unit building or is it a house? 16 A It's a building. 17 Q And you say, what did you do when you got, 18 19 20 when you met up with the guys? A We were just hanging around sitting down. Amy was with Kennelly and Jorge was joking with me. Who else was present besides Amy, 21 Q 22 Kennelly, 23 A No one else. 24 Q And where were you sitting? you and Jorge? · 1 What? 1 A 11m sorry. 2 Q Where were you sitting by the building? 3 A We were 4 5 right next to, by the door, door. Q Now drawing your attention to about 12:45 6 that morning, 7 1st did something happen? 12:45 now on the morning of September 8 A Yes. 9 Q Tell the 10 A We were sitting there. 11 Q When you say we were sitting, 12 A Amy, 13 14 15 jury what happened? Jorge, Kennelly and I who? and the car drove by and Amy and Q Now the building is located on the north side of the street. Right? 16 A Right. 17 Q Now when you were on the front 18 by the porch were you looking out towards the street? 19 A Yes. 20 Q Was Amy looking out towards the street? 21 A Yes. 22 Q Was Jorge looking out towards the street? 23 A Yes. 24 Q What was Kennelly doing? 1 LJl 2 A He was facing me. His back was facing the street. 3 Q Was he sitting or standing? 4 A He 5 Q What happened when you saw the car go by? 6 A We saw it once go in our direction. 7 Q I \,7 ass tan din g . just want you to tell the 8 saw and not what other people, 9 what you saw. 10 All right? jury what you you know, just say Which direction did you see the car going? 11 A Going towards Pulaski. 12 Q Was it going towards the Lake or Oak Park? 13 A Towards Oak Park. 14 Q What happened then? 15 A We seen, I seen the car corne the opposite 16 way again. 17 this time it went into the alley. Now it was going towards the Lake. But 18 Q Do you remember what kind of car this was? 19 A Four door. 20 Q Do you remember the color? 21 A Like navy blue. 22 Q After the car went into the alley what 23 happened? 24 A . It didn't go all the way through the 44 ... It stopped right between the alley and the 1 alley. 2 sidewalk, 3 And I 4 people in the car and I 5 the car reversed towards us and it seemed like it 6 was going to keep on going towards Lake, 7 didn't. like the entrance of the alley. saw the break lights and there was three saw the break lights. Then but it Instead it got like there was cars going 8 9 you know, So this way parked and the car was going that way. 10 the driver reversed and he got closer to the parked 11 cars to where we were standing and then my 12 girlfriend stood up. Jorge was standing, 13 but he was leaning 14 against the door, 15 building. 16 was standing. He was still talking to us. 17 said, "check out that car". 18 and the guys were, 19 straight. 20 Q 21 I the entrance door to the was still sitting down and Kennelly he said, So Kennelly just him the driver, When you say him, the driver, Jorge he was just do you see the driver of the car here in Court? A I 23 Q Can you point, do you see the driver in 24 see the driver. Yes. 22 Court today? 45 1 L 1 A Yes I .J 2 Q Could you point to the driver and describe 3 for 4 article of clothing he's wearing today? 5 6 7 8 9 10 11 ,.':' do. ! the Ladies and Gentlemen some clothing, A He's right there. He looks like a handsome man. Q And could you describe how he's dressed today? A In a nice suit. He's wearing a tie, Q May the record reflect the in Court identification of the Defendant, Mr. 13 Negron? 14 THE COURT: Yes. 15 MR. Q LYONS: When you first, William when you say 16 the driver, when the car backed up in front 17 was the car still moving or was it stopped? A It stopped. It stopped for 19 seconds. 20 down and by that time -- 21 22 a white shirt. 12 18 an Q They stood there and him, like a he was who are you referring to? 23 A The back passenger. 24 Q Now the back seat passenger of this 46 couple he was looking Now Jackie, when you say him, looking down, of you, I 1 automobile, I want you to look around. And if you 2 see him in Court, 3 Gentlemen the clothing he's wearing today? '1, L.J 4 5 6 A He's wearing a green suit or aqua color, striped shirt, Q describe for the Ladies and black tie and glasses. Your Honor, may the record reflect the 7 in-Court identification of the Defendant, 8 Almodovar? 9 10 THE COURT: It may. MR. Q LYONS: Roberto When you saw the Defendant that 11 you've identified with the glasses, where was he at 12 that time? 13 A He was sitting in the back of the car. 14 Q And what was he doing when you first 15 16 noticed him? A He was with his head down. 17 time he had long hair. 18 his curls. 19 Q He had curls. So his hair was different. And by that I could see His hair at 20 that time was different than it is here today in 21 Court? 22 A Yes. 23 Q When you say his head was down, was it 24 ducked down or was he just looking down? 47 L1 j He was looking down like he was doing 1 A 2 something. 3 Q Was he looking down at the floor? 4 A He was looking like if he would be like if 5 you have something on your legs and you're doing 6 something with it. 7 it. 8 9 Q Jackie, He was looking down straight at how long was this car stopped when you were looking at these men at this point? 11 10 11 A They stopped for, like it was enough time for me to look at them and recognize their faces. 12 Q What happened then? 13 A The driver right there, 14 with his hair. 15 he said, 16 Q he started playing And then the back passenger, "what's up, him, folks". Now were the windows of the car on the 17 side that you could see, were they open or were 18 they closed? 19 A Yes. 20 Q And did you hear the Defendant, They were open. 21 you've identified with the glasses, 22 him say the words what's up folks? 23 24 A I the driver. the one did you hear don't know if it was him who said it or But it came from them. 48 One of them 1 1 "l L ..J 2 said it. Q After, when you say one of them, are you 3 talking about one of these two defendants here in 4 court? 5 A Yes. 6 Q After they said that did anyone in your 7 8 9 10 11 group do anything? A Kennelly walked, Yes. and he asked, he was going towards the car and he asked who's that. Q As Kennelly took a 12 approached the car, 13 saw happen? 14 he took a few steps A few steps and what's the next thing that you Jorge said who's that. 15 passenger, 16 shooting at us. Him, the back he pulled out a gun and he started Jackie, 17 Q 18 passenger, 19 the glasses? when you say him in the back seat are you referring to the Defendant with 20 A Yes. 21 Q Tell the 22 happened? 23 A 24 the door. jury what's the next thing that He started shooting at us and Jorge opened 49 ·L 1 J 1 Q Did you see what Kennelly did? 2 A Yes. 3 Q When the Defendant with the glasses 4 5 started shooting? A He fell down to the ground and I 6 he was shot. 7 he opened the door he screamed Joker. 8 nickname. 9 Q Who started running inside? 10 A Amy, I thought he was shot. thought And Jorge as That's his And we started running inside. me and Jorge, we started running 11 inside and there were, 12 bullets corning out. And as we were going up the 13 stairs Amy tripped. I 14 wasn't tied, 15 picked her up. 16 up there with us. 17 been shot. 18 then my girlfriend Amy screamed that she couldn't 19 breathe. 20 couldn't breathe because she had got hit. 21 everything happened in slow motion inside. 22 it was all this noise of the don't know if her shoe lace but she tripped and then Jorge and I We picked her up so she could get And I And I got hit. I screamed. was mashed into the wall. She wanted me to help her, I'd And but she And then As we were going up the stairs when I 23 picked her up and I felt that thing in my back I 24 looked down and there was two flashes corning out of 50 1 the car and that's 2 shooting at us. how I know there were two I 3 Q Jackie, when you say there were two 4 flashes coming out of the car, 5 where you saw the flashes coming from? 6 A 7 passenger. 8 Q 9 tell the jury what, The very first one was from the back, back That would be from the Defendant with the glasses you've identified? 10 A Yes, 11 Q And when you looked it was the other guy, the one with the glasses. 12 the driver. 13 Court today that does not have glasses today? The man you've identified here in 14 A Yes. 15 Q Where was that flash coming from? 16 A It was coming from the, 17 18 Right. from outside from the car. Q Let me take you back just a minute. 19 you said that your girlfriend tripped, 20 whether she had been shot at that time? When do you know 21 A She wasn't shot at that time. 22 Q When she first tripped this is as you're 23 24 running up the stairs? A Yes. 51 1 2 What did you do when your girlfriend Q tripped? 3 A We were running and -- 4 Q Jackie, 5 now when you say we, you're talking about? 6 A Jorge, 7 Q What happened when she tripped? 8 A She tripped and we picked her up. 9 yes, helped her get up. Amy and I. We both But she wasn't shot at that 10 time. 11 soon as she got up I 12 shot. 13 screaming that she couldn't breathe and I 14 screaming that I 15 was, 16 was already saved. 17 when he saw me pulling Amy and helping myself, 18 got behind me and he pushed me to the ground and 19 then he got shot. And as soon as she stood up I got shot. As And then she got She was falling to the side. had been shot. he was already, got hit. She was was And then Jorge he was going up already. He never got shot. He And then he 12 20 Q After Jorge got shot, 21 A When he got shot he put his hand in his 22 chest and he pushed me. 23 was holding onto my blouse, 24 sorry. And Amy fell what happened then? But when he pushed me he to my jacket, on the ground and I 52 I'm tripped 1 "l L ..J 1 over her. 2 floor. 3 stepped over her and I When I fell I fell fell on the sitting down and I 4 managed to put her up on my legs and he fell 5 side and he fell on my shoulder. 6 7 When you say he, Q to who are you talking about? 8 A Jorge. 9 Q Did you see where Kennelly was at this 10 time? 11 A No. 12 Q The only three people who were inside the 13 \:. I building at this time were you, 14 A Yes. 15 Q What happened next? 16 A We were sitting, I Amy and Jorge? I was sitting on the had Jorge on my side and I 17 floor. 18 side and I was screaming. 19 Joker. I had Amy on my was screaming for I was screaming because Jorge had got shot. 20 Q Joker was Kennelly? 21 A Kennelly. 22 shot. 23 screaming for Amy. 24 to sleep because she had her hand on her throat and I didn't know if he had gotten I don't know if he was okay. I And I was kept on telling her not to go 53 1 she was saying she couldn't breathe, 2 And I 3 he was shot like he was hugging me like he was shot 4 and he was in pain and I wasn't thinking about 5 myself. 6 wanted to save Jorge. 7 8 had Jorge on the side and he was telling me I wanted to save my best friend and I Jackie, Q And then could you tell they were shot worse than you were? 9 A Yes. 10 Q What happened next? 11 A I could tell that Amy, 12 she wasn't, 13 wasn't moving. 14 her throat. 15 Q 16 building? 17 A 18 to help her. I could tell that she wasn't the same anymore and she She was just holding her hands onto Did Kennelly eventually come into the He, when Jorge heard the, he heard the door open and he said -- 19 Q 20 door? 21 A Downstairs where we went in. 22 Q What happened then? 23 A He heard the door open and Jorge heard the 24 Jackie, are you talking about the front You mean down on the ground? door open and then he pulled me away from Amy and I 54 1 And when he pulled me he got 1 had her on my legs. 2 me up. 3 hit her head in the back because Jorge, 4 me that she was dead, 5 more. 6 stairs. 7 coming back, 8 holding his chest and he had his arm around me. 9 And on the second stairs we tripped. l I dropped her. I She dropped my friend. he had told that she wasn't breathing no He took me up the And he took me up. We started running. He said, "they're And he was they're coming back". We both 10 tripped because he had gotten too heavy for me and 11 I 12 bleeding real bad and somehow we managed to make it 13 to the third floor. had my wound. I was bleeding real bad and he was 14 When we got to the third floor some lady 15 took me into her house and they separated me from 16 Jorge. 17 I 18 hit real bad. 19 20 They took him to the other house. knew they were both real bad. Q Jackie, I I knew, knew they were some time after you were brought into the women's apartment did the police arrive? 21 A A few minutes after. 22 Q Eventually did the ambulance arrive? 23 A Yes. 24 Q Were you taken somewhere? 55 1 A Yes. 2 Q Where did they take you? 3 A They took me to Mount Sinai Hospital. 4 Q Is that where you were treated for your 5 injuries? 6 A Yes. 7 Q How many days did you spend in Mount Sinai 8 to the best of your recollection? 9 A Three days. 10 Q Tell the 11 A I'm sorry? 12 Q Explain to the 13 were? 14 A 15 jury what your injuries got shot from my back, lower shoulder and the bullet came out on my upper shoulder and 16 17 I jury what your injuries were? Q Jackie, the hospital. so the bullet wasn't removed at It went 18 A It went right through. 19 Q And do you have any scars, 20 any visible injuries from this shooting? 21 A Yes I 22 Q Tell the Jury, explain what they are? 23 A I 24 a do. have a hole. It's scarred. little hole in the back and I 56 But I have this scar have 1 2 3 4 right here that -Q Can you show the jury the exit wound on your chest? A It's, can you see? It's right there where 13 5 6 i t came out. Q Your Honor let the record indicate the 7 witness has pointed to her small circular scar in 8 her upper left shoulder. 9 10 11 THE COURT: Yes. MR. Q LYONS: Jackie, after you were released from the hospital you went home. 12 A Yes. 13 Q And after you got home, drawing your Did, I'm sorry, 14 attention to September 5, 15 1994, did a Detective come to your home and visit 16 you to discuss the case? 17 A Yes. He, 1995. Right? the Detective Guevara gave me a 18 call some time that day and he told me that he 19 would be dropping by my house because -- 20 21 Q Well, when he came to your house did Detective Guevara show you anything? 22 A Yes. 23 Q Tell the 24 A He showed me, jury what he showed you? he came in. 57 He said that he "'l L And he 1 had some photos that he wanted me to see. 2 had six long haired guys and six short haired guys. 3 So there were twelve photos in total that he showed 4 me and he asked me to look and see if I 5 identify someone. 6 7 Q could Did you look through the twelve photos Detective Guevara brought to your home? 8 A Yes, 9 Q Did you recognize anybody in the 10 I did. photographs? 11 A Yes, 12 Q Tell the 13 did. jury who you recognized in the photographs he showed you? 14 15 I A The first person I saw in the photograph was him. 16 Q Indicating? 17 A With the glasses. 18 Q Indicating the Defendant Almodovar. And did you tell Detective Guevara what he 19 20 21 did? A Yes. I told him that he was the one 22 sitting in the back: that he was the first one that 23 started shooting. 24 Q Did you recognize anybody else out of the 58 '. '"l LJ 1 twelve photographs? 2 A Yes. 3 Q The Detective showed you? 4 A When I 5 6 7 there was him. Indicating your Honor, Q 10 And what did you tell the Detecti,/,c this man's photograph? I A told him that he was 11 car and that when I was 1 2 we r e run n i n g; 13 one of the guns shootin'r at us. 14 the witness has identified the Defendant Negron. 8 9 looked at the short haired guys t hat a s Jackie" Q I ver of the building that we l:. n 'C; e dar 0 u n d hew a s a l s l'rawing your attention to Did you do something else 15 September l;,:., 16 concerni:l' the investigation of this case? 19 20 1994. Detective Guevara called me and he told me 17 18 t.hat I needed to go to a line-up. Q Did he tell you where that line-up was going to be held? 21 A Yes. 22 Q Where was that? 23 A On the 25th District or 5th District I 24 0 believe. 59 L,.J \I, 1 Q A police station? 2 A Yes. 3 Q Was that at Grand and Central? 4 A I 5 Q Well did you go to the address he gave 7 A Yes. 8 Q And when you went there did you look at 6 9 don't remember the address. you? someone? 10 A Yes I 11 Q What did you look at? 12 A First he had to explain to me what the did. 13 line-up was because I 14 And he told me that i t ' s a group of guys that they 15 bring out and that I 16 they're not able to see me but I 17 he took me and I 18 scared they were going to see me. 19 Q Jackie, didn't know what that was. see through a window. That can see them. And didn't want to do it because I was on the day you went to look at the 20 line-up, did anybody else go down there and look at 21 the line-up too? 22 A Yes. 23 Q Did you and Kennelly look at the line-up 24 Kennelly carne and my brother. at the same time or separate? h() "l L,J I He went first. 1 A No. 2 Q After Kennelly viewed the line-up did you 3 discuss anything with him? 4 A No. 5 Q After Kennelly looked at the line-up did 6 you have an opportunity to view the line-up? 7 A Yes, 8 Q Was that after the Detective explained to 9 I did. you that they couldn't see you? 10 A Yes. 11 Q When you looked at the line-up do you 12 remember off hand how many people there were 13 approximately? 14 A There were seven. 15 Q And did you see anybody :iim tth're2 line-up 16 that you recognized? 17 A Yes. 18 Q Do you 19 did you identify those people in the did. 20 -A Yes,:n: 21 Q Do you see the people here in Court today? Ii Yes Q Who were the people you identified? A I I do. identified him first. h 1 L'l 1 Q Indicating the Defendant Almodovar. 2 A And then I 3 Q Indicating the Defendant Negron. ..J 4 5 sa\v him. And when you identified them did you tell Detective Guevara what they had done? 14 6 7 8 9 A I told him that those two were the guys who had shot Amy and who had killed Jorge. Q Jackie, when you described the shooting for the Ladies and Gentlemen of the jury, the man 10 you've identified here in Court as Mr. 11 ln the driver's seat of the car. 12 A Yes. 13 Q Was he, Negron was Right? was the driver's side of the car 14 facing you or was the driver's side, 15 wheel on the other side of the car? the steering 16 A The driver's side was facing me. 17 Q And the Defendant Almodovar, 18 the glasses here, 19 the same side as the driver? the man with he was in the back seat but on 20 A On the same side with the driver. 21 Q If I 22 could have a moment. Jackie, when the car with the two 23 Defendants backed up and stopped, did you have any 24 difficulty seeing the faces of the two people on 1 II L.J the driver's side of that car? 2 A No, I didn't. 3 Q Once Kennelly started approaching the car 4 to talk to these people, 5 at the two people that were in the car? 6 A had you already got a When we were looking at them, look they stood 7 there a couple seconds. 8 were looking at us at the same way we were looking 9 at them. 10 11 Q They Didn't you think it unusual to the car backing up and stopping? BURCH: 12 MR. 13 THE COURT: 14 MR. 15 were looking. Objection to leading. Sustained. LYONS: Your Honor, may I approach the witness? 16 THE COURT: 17 MR. Sure. LYONS: Q Jackie, I'm going to now show 18 you what's been marked as People's Exhibit Number 19 Sixteen for 20 take a 21 and Gentlemen of the 22 sho\oJn there? Identification. And I'd ask you to look at that photograph and tell the Ladies 23 A This is 24 Q No. jury if you recognize what is Just describe it without showing i t 63 1 L to them? 2 A This is the place we were at. 3 Q Do you recognize that as the front doorway 4 you were all sitting on prior to the car arriving? 5 A Yes. 6 Q And is that street the way i t looked like 7 September 1, 1994 the day your friend and Jorge got 8 murdered? 9 A Yes. 10 Q Jackie, I'm now showing you what's 11 previously been marked as People's Exhibit Number 12 Fifteen. 13 Jackie, And I'd ask you to take a look at that. do you recognize the photograph? 14 A Yes. 15 Q You did, 16 Amy. did you recognize that photo, Jackie? 17 A Yes. 18 Q Would you tell the 19 A It was my best friend the way I 20 21 22 jury what it was? saw her when she got shot. Q Is that the way she looked when she was laying on the landing after she got shot? 23 A Yes. 24 Q Jackie, I'm now going to show you what's 64 I ."l . L.J 1 been marked as Peoplels Group Exhibit number Twenty 2 Four. Jackie, 3 4 Peoplels Group Exhibit Twenty Four 5 Polaroid photographs with young men with long hair. 6 And lid ask if you recognize those photographs? 7 A Yes I 8 Q Could you tell the 9 " (A) which is six do. jury what those, what those photographs are? 10 A Two of them are the pictures of the guys. 11 Q Jackie, in this set of six of Twenty Four these are six young men with long hair. 12 (A ) 13 that right? Is 14 A Yes. 15 Q Are these the same ones Detective Guevara 16 ,. 11m now showing you what 1111 call brought out to your house? 17 A Yes. 18 Q And is the photograph that you identified 19 as the back seat shooter contained, 20 one youlve identified in there? 21 A Yes. 22 Q Jackie, is that in the Is that in there? 11m going to give you a red pen 23 and 1111 ask you to draw an "s" on the person that 24 you identified as the individual shooting from the 65 1 "l L .J back seat. 2 Do you see that person here in Court? 3 A Yes I 4 Q For the record the witness has placed an do. Him with the glasses. 5 "8" with a red pen on what I ' l l now mark as Twenty 6 Four (A), 7 "8". Jackie, now remaining in People's Group 8 Exhibit Number Twenty Four I ' l l refer to as 9 People's Group Exhibit Number Twenty Four 10 (B). Do you recognize those photographs? 11 A Yes I 12 Q And those six photographs are Polaroids of do. 13 of young Hispanic males with shorter hair. 14 right? 15 A Yes they are. 16 Q Do you recognize those photographs? 17 A Yes 18 Q Have you seen those before? 19 A Yes. 20 Q Are those the same photographs that I Is that do. 21 Detective Guevara brought out to your home and 22 asked you if you recognized anyone? 23 A Yes. 24 Q Were you able to identify any of the 66 1 Ll .J individuals in those photographs? 2 A 3 Q 4 A Him, 5 Q Jackie, Yes I do . did you identify?_ 15 the driver. I ' l l hand you the same red pen and 6 I ' l l ask you to put a 7 photograph of the driver. 8 9 "0" by the driver on the May the record reflect that the witness has put a "0" down in the lower margin? 10 THE COURT: Yes. 11 MR. Q 12 Tw'enty Four 13 LYONS: (B) Jackie, I ' l l now mark this as People's "0". finally I'm showing you what has 14 been marked as People's Exhibit Number Twenty Five 15 for 16 jury what that is a photograph of? 17 18 19 Identification. A I'd ask you to explain to the This is a photograph of the guys in the line-up when I went to see. Q That's the one, the line-up, does that 20 picture truly and accurately show the way all seven 21 people looked like in the line-up on the day you 22 viewed it at the police station? 23 A Yes. 24 Q Do you see the individuals that you were 67 1 Ll .J able to identify in that photograph? 2 A Yes I 3 Q Jackie, do. I'm now going to hand you the same 4 red pen and I ' l l ask you to draw an "S" on the 5 individual that you identified as being the shooter 6 from the back seat of the automobile that shot at 7 you and your friends. 8 9 And with that same pen, your Honor, may the record reflect the witness has put an "s" on 10 the person sitting over from left to right in the 11 number one position? 12 THE COURT: Yes. 13 MR. Q LYONS: I'd ask you to take the same red 14 pen and I'd ask you to put a 15 on the individual who you said was driving the car 16 where the shots carne out of and killed your friend. 17 Your Honor, "D" by the individual, may the record reflect that 18 the witness has put a 19 person in the number five position again going from 20 left to right? 21 THE COURT: Yes it may. 22 MR. If I 23 24 LYONS: "D" on the shirt of the may just have a moment, your Honor. Q Jackie, the two people here you've 68 1 identified in Court as the ones who shot at you and 2 your friends, 3 night? " '"l L .J had you ever seen them before that 4 A I 5 Q Jackie, had never seen them before in my life. the twelve photographs, twelve 6 Polaroids photographs Detective Guevara brought out 7 to your home that you looked at and you identified 8 these two people who shot at your friends, 9 recognize any of the people in those Polaroids the did you 10 Detective showed you other than these two you 11 identified? 12 A No. 13 Q The seven people in the 1 i ne -U;::'" and the p hot 0 g rap h I jus t 'died you 14 k now, sllDCIDwed", "$' 0 u, did you 15 know any of those people in tIlDe l1jin1E--up other than 16 the two you've identified from any previous 17 encounter? 18 A 19 Q 20 other 21 guy s No. ev;e:rr seen any of the people before than two people you've identified, the ,he line-up? l';eve r. A NO. :; 3 Q Your Honor, 24 THE COURT: no further questions. Ladies and Gentlemen, we'll take 69 l L '1 .J 1 about a five or ten minute recess. 2 back to the 3 out here. 4 You may retire jury room and weill have you right back 12:40. 5 MR. BURCH: 6 THE COURT: 7 A Thank you, your Honor. Donlt talk to anybody. Okay? Okay. 8 (Whereupon, 9 the following 10 proceedings were had after the 11 matter was passed) 12 THE COURT: 13 Why donlt you have your witness come out 14 15 Bring out Almodovar and Negron. too, please , State. 16 Bring the Jury out please. 17 Thank you. 18 Cross, 19 MR. BURCH: Mr. Please be seated. Burch? Thank you, 20 21 CROSS EXAMINATION 22 BY 23 MR. BURCH 24 70 your Honor. 1 Ms. Grande, Q you indicated that at some 2 point and time after you arrived you sat down in 3 the front entryway of 3920 Cortland. 4 correct? Is that 5 A Yes it is. 6 Q You told us today that you sat by the 7 Is that correct? entrance door. 8 A Yes, I did. 9 Q So if you lean back from where you were 10 sitting you would have been leaning on the entrance 11 door. 12 A 13 14 Is that correct? There's like two small windows, long windows and I was by one of them. Q Okay. As you sit there now and just for 15 purposes of illustration, the building would be 16 behind you and you would have been sitting to the, 17 facing this way. 18 the left or to the right of the doorway? Would you have been sitting to 19 A To the right of the door. 20 Q And you would be sitting on the slab of 21 concrete that was next to the door. 22 correct? Is that 23 A Right. 24 Q So it would be safe to say you were within 71 1 inches of the door? 2 3 A No. There's one by the entrance and there's another 4 Q one and I was on the second one. So I ' l l show you what I've marked, Okay. 5 what's been previously marked as Defendant's Number 6 Two for 7 this photograph? Identification and ask you if you recognize 8 A Yes I 9 Q What do you recognize that photograph as? 10 A That's the front door where Amy, do. 16 11 12 I Jorge and were sitting. Q Does that picture truly and accurately, 13 photograph truly and accurately depict the way i t 14 looked on September 1st, 15 of September 1, in the early morning hours 1994? 16 A Yes. 17 Q Do you see the area which you 18 just described to us where you say you were seated? 19 A Yes I 20 Q Okay. 21 marked with an 22 correct? do. Now you pointed to an area that's "x" and an 23 A Yes. 24 Q For purposes of (A) "SHe Is that illustration could you put 72 1 a box, four corners in the area where you say you 2 were seated? Could you put your initials under that? 3 4 Okay. Thank you. 5 I'd also show you what has previously been 6 identified as People's Exhibit Three for 7 identification. Do you recognize that photograph? 8 A Yes I 9 Q What do you recognize that photograph as? 10 A That's the place Jorge and I 11 12 13 do. and Amy were sitting. Q That basically describes the same door. Is that correct? 14 A Yes. 15 Q Thank you. Now you told us you were Would it be safe to say you stayed 16 seated there. 17 in that position until the first shots were fired? 18 until the, well, strike that. From the time you first saw this car 19 20 backing down the street up until the time the first 21 shots were fired that's where you were seated. 22 that correct? 23 A Yes. 24 Q You never got up until after the first 73 Is 1 shot was fired. Is that correct? 2 A Right. 3 Q How tall are you? 4 A 5'1". 5 Q 5 what? 6 A 5'1". 7 Q 5 ' 1" • Okay. Now this slab of concrete 8 that you were seated on, 9 approximately about one inch from the ground. 10 A I don't know. 12 Q Well, 14 15 I never measured it. certainly no more than two inches. Is that correct? MR. CALLAHAN: Objection. She said she doesn't know. 16 THE COURT: Sustained. 17 MR. Q BURCH: Now as you were seated there 18 there were cars parked along Cortland. 19 correct? Is that 20 A Yes there were. 21 Q And there were cars parked, two cars 22 Is that correct? 11 13 seated on was parked directly in front of you. Is that correct? 23 A Yes. 24 Q And those cars were the length from where 74 · LJ 1 you were seated going west to the alley. 2 correct? A 3 4 side, 5 6 Q They were going this, Is that they were on our on my side. Cars to the left of you and cars to the right of you on your side of the street, right? 7 A Right. 8 Q And these cars were the standard size 9 Is that correct? automobile American cars. 10 A Yes, 11 Q When you looked in the direction where you sir. 12 say this car was headed to the right of you, 13 you first looked up you would see a car in front of 14 you. 15 parked on the street? 16 17 18 Is that correct, A when one of these cars that were Are you talking about when they stopped right there? Q Well, let's back up. When you were seated 19 there you indicated at some point you saw a 20 car coming down, 21 a westerly direction. black a dark colored car coming down in Is that correct? 22 A Yes. 23 Q You indicated this car turned around and 24 went back in the direction that it came from. 75 Is L'l . 1 that correct? .J 2 A Yes. 3 Q Now when you first looked in the direction 4 where you say this car was coming from, from where 5 you were seated as you sat down looking in that 6 direction the first thing you would see would be a 7 car parked in front of you. Is that correct? 8 A I could see. 9 Q I didn't ask you if you could see, 10 you saw a car parked in front of you. 11 correct? 12 13 14 15 but if Is that A Yeah. There was a car parked in front of Q There was a car behind that car all the me. way to the alley. Is that correct? 16 A I don't remember that. 17 Q Didn't you just tell us that there were 18 cars parked from where you were seated to the 19 alley? 20 21 22 23 24 MR. CALLAHAN: Objection. That wasn't the testimony. THE COURT: question. MR. sustained. She's answered the Pose another question. BURCH: Q Now you said you told us today 76 1 that you could see this car pull into an alley. 2 that correct? 3 A Yes. 4 Q How far did it go into the alley from 5 6 7 8 9 Is where you were sitting? A It was the back of the car these people were driving was between a garage. Q So you saw this car head in an easterly Is that correct? direction toward the Lake. 10 A Right, the second time. 11 Q Okay. And then you said it made a turn at 12 some point. Is that correct, turned at a garage? 13 A Yes. 14 Q You were still sitting down at that point. 17 15 Is that correct? 16 A Yes. 17 Q You saw this car turn toward that garage 18 into an alley. Is that your testimony? 19 A Yes, 20 Q While it was turned into the alley did you 21 know how far sir. it went in that alley? 22 A Far enough for me to see the back lights. 23 Q This car turned into an alley and you saw 24 the back lights corne on. Is that your testimony? 77 1 A Yes. 2 Q After it had made a turn into the alley 3 you saw the break lights? 4 A I'm sorry? 5 Q Okay. When you saw the break lights, the 6 car that you say you saw was facing now in a 7 southerly direction, wasn't it? 8 A It was facing towards the alley. 9 Q Yeah. And the alley was -- now I ' l l show 10 you what I've previously marked Defendant 11 Almodovar's Exhibit Number Eleven for purposes of 12 Identification and I'd ask you to look at this 13 photograph. 14 Do you recognize that photograph? 15 A Yes. 16 Q Okay. 17 Do you recognize the building where you say you were seated? 18 A Yes I do. 19 Q And that would have been on the left side 20 of the photograph. Is that correct? 21 A Yes. 22 Q Do you see the alley where you say the car 23 pulled into? "-.;" 24 Okay. Could you mark with an "x" where "70 L_J'1 1 you say you saw the automobile pull into the alley? 2 Thank you. 3 And could you tell us how far did this car 4 go into the mouth of the alley before you say you 5 saw the break lights? 6 MR. CALLAHAN: 7 MR. 8 THE COURT: Sustained. 9 MR. Q LYONS: BURCH: Objection. Asked and answered. Now when you first, as you sat 10 there when this car first came by were you able to 11 see the occupants of the car? 12 A I 13 Q Were the windows all down when you say you 14 saw the shadow of three persons. first saw it? 15 A I 16 Q Well, 17 down. 18 A don't remember that. That's because I 20 persons. 22 23 24 didn't see that. Is that correct? that it was dark, Q I that's because you were sitting 19 21 Yes. but I couldn't see that far, saw the shadow of three There were no streetlights on either side of the street that night, were there? A It was a light I believe by the alley and there's the light in the building. 79 1 LJ Okay. Q And that's the light that you were 2 using. 3 building. 4 A Yes. 5 Q When you say there was a Is that correct? The lighting in the Is that correct? light in the 6 alley, would that alley be to the left of you or to 7 the right of you? 8 A On that side. 9 Q Okay. 10 look towards, 11 building. 12 of you, From where you're seated now as you you're sitting in front of the Would it be to the left or to the right the alley? 13 A To the left. 14 Q And you said there was a 15 streetlight by that alley? 16 A I 17 Q And that's the light that you used to see. 18 believe so. Yes. Is that correct? 19 A 20 building. 21 Q No. I used the light that was in the And when you first saw this car, you 22 couldn't see the occupants because it was too dark. 23 Is that right? 24 A When it pulled to the alley? 80 L.Jl 1 Q No, when it first drove by the first time? 2 A I could see people in the car. 3 Q But you couldn't see their faces the first 4 time, Yes. could you? 5 A No. 6 Q Because of the darkness. 7 A Because the car went by kind of fast. 8 Q Now you say that Mr. 9 10 Is that correct? Kennly was standing ln front of you at this point as he was talking to you? 11 A He was talking to all of us, Amy, 12 Q He was standing in front of the group that 13 was sitting down. Jorge. Is that correct? 14 A He didn't block my view. 15 Q Well, was he standing in front of you? 16 A Yes. He was standing in front of me. 17 Q Was he to the left of you or to the right 18 of you? 19 A To left of me. 20 Q He would be standing in the direction that 21 you say the car went when it went toward the alley. 22 Is that correct? 23 24 A No. I mean he was standing in front of me. 81 1 Q Directly in front 2 A Far away from me but in front of me. 3 Q How long had he been standing there before 4 of you? you say you saw this car? 5 A I don't understand the question. 6 Q Well, you say the first time you saw this 7 car you say that Kennelly was standing in front 8 you. of Is that correct? 9 A Correct. 10 Q How long had he been standing there before 11 you first saw the car? 12 A How long he had been standing there? 13 Q Yeah. 14 A Few seconds. 15 Q So prior to that he was sitting next to ... i 16 you. A 18 HR. 19 THE COURT: answer. 21 22 Hour? Hinutes. Half an hour? I don't know. Is that correct? 17 20 Minutes? He was -- CALLAHAN: Objection. I'll Excuse me. let her answer. You may Sustained. Pose another question. HR. BURCH: Q Do you remember when you 23 talked to the police on September 1st of 1994? 24 you talk to the police shortly after this 82 Did incident? L.J 1 A I 2 Q Do you remember talking to an Officer, 3 4 5 6 7 8 9 don't remember. Detective Rutherford? MR. The witness Objection. LYONS: she doesn't remember. Go ahead, question. MR. You may complete your Go ahead. THE COURT: BURCH: Mr. Burch. Do you remember talking Okay. Q to an Officer Dombrowski at the hospital that you Dombrowski that you had gone t 10 had gone to? 11 ho spi tal the s arne evening you were adm i 12 A I 13 Q Do you rem e mb e r 14 next day? 15 A 16 17 18 just said I i_,::: ,-? don't remember. tal k i·, .... 0 a De t e c t i v e t h e remember tta1llJ(d.:in9J to t'l,vO Detectives early in the morning. Q An (' t > i s 'l,va s a t the h 0 s pit a 1 . Is that correct? sir. 19 .:-\ Ye 5, 20 Q Do you remember telling them that you wer. /:. , sit tin g wit hAm y [vI e r k e s, Ken n 1 y Sa e zan d Rod r 22 sat on the stoop of .the building? 23 telling him that? 24 MR. CALLAHAN: Object. 83 Not D0 you J.- ':. .. _ etching. I' , -.- "1 b er 1L 1 THE COURT: 2 FiR. Sustained. '1 "'"' BURCH: 3 long, when you 4 said you 5 correc were you sitting, how arrived at 'th2:S' ',uilding you to f.1r. Kennly Saez. Is that Yes. 6 7 Did you, Q Q Okay. How long did you talk to him before this car came? (\ A Personally I didn't talk to him. 10 Q Who were you talking to? 11 A I was j 12 13 14 just there with my girlfriend. I wasn't specifically talking to nobody. Q And you just sat there. How long, you say you got there about 10:30? 15 A Somewhere around there. 16 Q So you don't remember talking to anyone up 17 until the time of the shooting? 18 A I remember saying hello. 19 Q That was it? 20 A Hi, what's up. 21 Q Now the person who you said was in the That's 22 back seat of the car who was the shooter, 23 have a hoodie on or any type of hood on the back of 24 his head, did he? 84 he didn't A The back passenger? Q Yeah? A No. Q And when you saw this car at the time the shots were fired, the window of the back seat was not halfway down, was it? A When he, when they stopped there and we were looking at 'em, the driver's window was down. The back passenger's window was like halfway, but he didn't look at us. Q .... ; .. , ... - His head was just down. So at this time this was when the car had stopped seconds before the shooting. Is that correct? A Correct. Q You were not able to see this person's face before theoshooting because his face was down. Is that correct? A I saw the side of his face. Q All you saw was the side of his face before you heard shots. Yes. Is that correct? A Yes. Q And you say you noticed that this person had long hair. A Is that correct? Correct. 85 'l L Q j Well, when you talked to the detectives the next day at the hospital you never told them that the person who did the shooting had long hair. Is that correct? A I wasn't thinking. Q Could you just answer the question? You never told them that, did you? Q hair. The person who did the shooting had long You never told them that, did you? A I don't remember Q Do you remember telling the detectives, same detectives we talked about that the back seat passenger shooter is skinny, medium complextion with dark hair, clean looking? description you gave. A curls. That was the only Is that correct? I told him he was light skinned, long He looked clean and his face was thin and long. Q That's what you told the detectives? A Correct. Q You saw him take down notes as you were telling him this? A I don't remember if I saw him taking 86 1 II L .J 2 notes. Q Now you say you talked to the Detective on 3 September 1st the next day. Would it be safe to 4 say the next time you talked to any detectives was 5 when you talked to Detective Guevara on September 6 5th of 1994? Is that the next time? 7 A Correct. 8 Q So other than this description that you 9 Yes. gave in the hospital you gave no other descriptions 10 of the offender other than that initial 11 description. 19 Is that correct? 12 A Right. 13 Q Now you were shot in the back. 14 Is that correct? 15 A Correct. 16 Q And that's because after you heard the 17 first shot ring out you turned and started running 18 up in the building that you say your friends were 19 already in. Is that correct? 20 A After, 21 Q And you tried to get away as quickly as 22 possible. 23 A Correct. 24 Q Now this whole thing took place in a yes I heard the first shot. Is that right? 87 1 L-1'""l matter of seconds. Is that correct? 2 A Yes. 3 Q And you were frightened 4 heard that first shot. 1 s t ;-1 2':( you first cor r e c t ? 5 A Yes. 6 Q And you never saw a gun extended from the 7 car, did you? 8 A I 9 Q -No. 11 A Outside the car? 12 Q Yeah? 13 A No. 14 Q And you ran after you heard the first 10 15 saw Did you see a gun extended from the car? shot. Is that correct? 16 A 17 MR. CALLAHAN: 18 THE COURT: I'll let the answer stand. 19 MR. Q Now I will show you what's Correct. BURCH: Objection. Asked and answered. 20 been previously marked state's Exhibit Number Five 21 for purposes of identification. 22 you recognize this photograph? And I ask you if 23 A Yes I do. 24 Q Does that photograph truly and accurately 88 G 1 depict the way the scene looked in the early 2 morning hours of September 1, 1994? 3 A Correct. 4 Q Would i t be safe to say that the two cars 5 depicted in that photograph were the same two cars 6 on the scene at the time of this incident? A 7 8 Q seeing two cars, As you sit here today you don't know if those cars were there? 11 A 12 cars. 13 14 don't remember these, but there's that gap. 9 10 I Q I wasn't paying attention to the parked You had been sitting there for two hours before the shooting? 15 A No. 16 Q You got there at 10:30. 17 A Right. 18 Q You don't know what color the cars were 19 Right? We were sitting there for a while. that were directly in front of you? 20 A Correct. 21 Q Do you know if on that evening if there 22 was a garbage can directly in front of the doorway, 23 a 24 front of those two parked cars? little white garbage can that was directly in 89 don't remember that. A 2 THE COURT: 4 Excuse me Go ahead, 3 MR. 5 BURCH: Q Mr. just one second. Burch. I'm sorry. Thank you. I ' l l show you what's been previously 6 marked State's Exhibit Number Seven for purposes of 7 identification and ask you to look at this 8 photograph. 9 ,... I 1 Do you recognize this photograph? 10 A Yes. 11 Q Do you recognize that photograph as the 12 front entrance of where you say you were seated? 13 A Yes. 1< Q In that photograph is depicted a small red 15 and white garbage can, trash can. Do you see it? 16 A Yes, 17 Q Was that trash can present on September 18 1st, early morning hours of September 1, 1994? 19 MR. 20 THE COURT: 21 sir. CALLAHAN: Asked and answered. I ' l l let her answer. You may answer. 22 A 23 :£1m. 24 A Yeah. BURCH: Q Pardon? I wasn't paying attention to the garbage 90 1 can. It might have been there. 'l L 2 All right. Q Thank you. The garbage can 3 that is depicted in that photograph, well strike 4 that. 5 the shooter, you were not able to see what type of 6 clothes this person had on, were you? The person who you say was in the back seat, 7 A No. 8 Q Pardon? 9 A No. 10 Q I 11 MR. have no further questions. KREITER: Thank you, your Honor. 12 13 CROSS EXAMINATION 14 BY 15 MR. KREITER 16 17 Q Ms. Grande, you told us on the date of 18 August 31st of 1994 you worked at Buterra Foods. 19 Correct? 20 A Correct. 21 Q Then you went to school. 22 A Correct. 23 Q Were you going to night school? 24 A Yes. 91 Is that correct? L"l ...J 1 2 And you were going to night school at some Q junior college. Correct? 3 A Truman College. 4 Q Right. 5 Were you going there for college or GED? 6 A For my GED. 7 Q I'm sorry? 8 A GED. 9 Q So you dropped out of high school. 10 that correct? 11 A 12 HR. 13 THE COURT: 14 [1m. KRE I'fER : 15 Is Yes. LYONS: Objection to relevance. Oh, Q no. She may answer. Is that correct? I didn't hear you. 16 THE COURT: 17 MR. 18 She said yes •. KREITER: Q Thank you, your Honor. And some time after work you got home 19 about, 20 what time? 21 A 9:45. 22 Q I'm sorry? 23 A About 9:45 or 9:50. 24 Q So about ten minutes to ten you arrived I'm sorry, after school you got home about 92 LJ 1 home? 2 A Correct. 3 Q Home as you told us was in the area of 4 Irving Park and western. Is that correct? 5 A Yes. 6 Q Some time after that you talked to your 7 girlfriend, Amy. Is that right? 8 A Yes. 9 Q Amy came from Oak Park to your house. 10 That's what you told us. Right? 11 A Yes. 12 Q So you say Amy arrived at your house at 20 13 14 15 16 17 10:30 or so or eleven o'clock? A I don't remember what time she came to my house. Q Well, she carne from Oak Park on the train on public transportation, didn't she? 18 A Yes. 19 Q So it was some time after you had this 20 conversation at about 10 o'clock that Amy got on 21 public transportation and carne to your house. 22 Right? 23 A 24 long. I didn't stay on the phone with her for 93 1 L1 • j Q But she arrived at your house and you 2 decided to go visit Kennelly Saez, Amy's boyfriend. 3 Is that right? 4 A Yes. 5 Q You had seen Kennelly before, 6 A Once. 7 Q You knew Kennelly was involved in a gang, 8 right? didn't you? 9 A No, I 10 Q Okay. didn't. So you and Amy proceeded to 11 Kennelly's house. 12 riding the bus. You told us you were walking and Is that correct? 13 A Yes. 14 Q You couldn't catch a bus. You started to 15 walk and then you caught a bus. 16 happened? 17 A Right. 18 Q And it was what, 19 A Don't remember what time we got the bus. 20 Q Okay. 21 nighttime. Well, Is that what about 11:30 at night? it was dark out. It was -- 22 A Yes. 23 Q It was a weekday. 24 A Yes. 94 Right? It was 1 " IL ' . .J Q 2 Is that correct? You also have a child. Don't you? 3 A Yes I 4 Q You left your child to go with Amy over to 5 MR. 7 THE COURT: 8 A MR. 11 A I Objection. You can answer that. Go ahead. asked my morn if i t was okay if I Q KREITER: Okay? Q Since it was late at night I couldn't take Basically you were going with Amy over to Kennelly's house to hang out. 15 A Is that right? She asked me to corne with her. 16 know if we were going to stay there for 17 not. 18 19 Q there. I didn't long or But when you got there first they weren't Kennelly wasn't horne. 20 A Yes. 21 Q You went, 22 went my baby with me. 13 14 CALLAHAN: out with Amy and 10 12 Is that correct? Kennelly's house. 6 9 do. phone call. Is that right? walked over a block and made a Correct? 23 A Yes. 24 Q You came back and then Kennelly was there 95 1 and you sat down on his stoop. 2 A Right. 3 Q This stoop is a 4 ground, 5 MR. 6 THE COURT: 7 A 8 MR. 9 Right? couple inches from the right? CALLAHAN: Yes, Objection. Asked and answered. You can answer. sir. KREITER: So you were almost sitting on Q the ground in front of this building. 10 A Not exactly on the ground, 11 Q A couple inches up, 12 A Yes. 13 Q Okay. 14 an hour, hour and a A Probably. 16 Q Okay. right? half? And Kennelly was talking to Amy. Right? 18 A Yes. 19 Q And you were 20 no. And you stayed seated there about 15 17 Correct? just kind of sitting there. Right? 21 A Yes. 22 Q You weren't saying anything? 23 A Right. 24 Q For about an hour, 96 hour and a half. Is 1 that correct? 2 A Right. 3 Q And then at some point while you're seated 4 on this stoop a couple inches from the ground you 5 see this dark blue four door car. Is that right? 6 A Yes. 7 Q You remained seated when you saw the car 8 the first time, right? 9 A Yes. 10 Q The car came around and backed out of an 11 alley. Correct? 12 A Yes. 13 Q You were looking up at the car. 15 A Yes I 16 Q When it first went by you noticed three 14 17 18 19 20 21 22 23 24 \veren ' t you? was. people in the car. A Is that correct? The second time it went by, when i t went through the alley. Q When it backed up is when you noticed when it came going east you noticed three people? A When he stopped at the alley I three people in there, Q could see three shadows. Did you see two people in the back seat 97 ) L' , ...J 1 and one person in the front seat? 2 A Yes. 3 Q So there were two back seat passengers and 4 a driver. 5 A Correct. 6 Q And this car had darkened windows, 8 A I 9 Q You didn't notice if the windows were 7 Correct? it? didn't see the windows. 10 darkened? 11 A The windows, 12 Q The windows to the car, the back passenger was clear. to this four door 13 Oldsmobile were tinted, weren't they? 14 windows of this car were tinted. 15 correct? 16 A 17 MR. CALLAHAN: 18 MR. KREITEH: 19 20 I don't know. The side Isn't that I didn't notice that. Objection. Q Well i t was difficult to look inside this car and see anything, wasn't it? A I don't understand what point of view he's 21 talking about. 22 THE COURT: 23 MR. 24 didn't Pose another question. KHEITER: Q Thank you, your Honor. So this car then backed up between 98 , ""l LJ 1 the gap. Strike that. 2 where you were. This car then backed up to Right? 3 A Yes. 4 Q And you were what, about twenty, twenty 1 5 five feet sitting on that stoop from the car at 6 that time. Isn't that right? 7 A I 8 Q Would this distance between us be about a 9 could say that. safe distance or was i t a 10 this? 11 A Closer. 12 Q About this? 13 MR. 14 15 16 Well, whatever. THE COURT: observe what, The jury can you know KREITER: Q Was this the distance from you to the car? A 20 MR. 21 THE COURT: 22 24 Indicating the Attorney's taken one LYONS: 19 23 little bit farther than step. 17 18 Yeah. Yes, Let the record reflect. BURCH: I MR. close enough to see. I'm sorry? apologize. KREITER: Q Go ahead. Thank you, From the your Honor. you were seated at 99 1 there was the stoop about four or five feet from 2 you to the street. 3 sitting on, There was the stoop you were right? 4 A It's where the sidewalk ends. 5 Q There's a stoop, 6 sidewalk. 7 A 8 THE COURT: 9 10 11 right? Yes. And then it's a Correct? No. Maybe Defendant's Seven. I don't know. MR. KREITER: Your Honor, ask leave of Court to approach the witness. 12 THE COURT: 13 MR. KREITER: Sure. Q I want to show you what's 14 been previously marked as Defendant Almodovar's 15 Number Two for identification. 16 Could you tell us what that picture shows, 17 which is a photograph? 18 shows please? 19 A 20 MR. LYONS: 21 MR. KREITER: 22 THE COURT: 23 24 Can you tell us what it This is the Counsel, can we see that one? I'm sorry, Counsel. It shows the front. Sorry. A You want me to tell you where I was 100 1 "l l. j 2 sitting? MR. KREITER: That's a picture of the Q 3 front of the building? 4 A Yes. 5 Q It shows the stoop you were sitting on? 6 A Yes. 7 Q It also shows the sidewalk? 8 A Yes. 9 Q After the sidewalk there's further 10 concrete that leads toward the street. 11 right? Isn't that 12 A Right. 13 Q Of course there were parked cars there. 14 So this car that backed up was on the other side of 15 those parked cars. Isn't that correct? 16 A Yes. 17 Q And you were looking through all of this 18 when you were looking at this car that backed up. 19 Isn't that right? 20 mentioned? Through all these things I 21 A I was looking straight at the car. 22 Q You were also looking up. 23 24 just You were seated down and you were looking up, weren't you? A If I sit like this and there's the gap 101 , LJ 1 there I 2 Q 3 right? 4 correct? 5 6 A can see straight. Ma'am, your head was lower than the car, The car was higher than you. There's the two cars parked. Isn't that There was plenty of view of me to have. 7 Q Right Ma'am. But my question is you were 8 looking up because you were sitting down and the 9 car was in the street. Isn't that correct? 10 A No I wasn't looking up. 11 Q Were you looking down? 12 A No. 13 Q And you told us that you've identified my 14 client, William Negron. According to you he was 15 the driver of this car. Correct? 16 A Yes. 17 Q You also told us that when you looked in 18 this car you saw William Negron fixing his hair in 19 the mirror. Right? 20 A He was playing with his hair. 21 Q And he was looking in the mirror, wasn't 23 A He wasn't looking in the mirror. 24 Q He was looking straight ahead westbound 22 he? 102 l L..J 1 Cortland? 2 A Looking straight ahead. 3 Q Westbound on Cortland? 4 A Correct. 5 Q You were looking at the side of his face, 6 7 8 9 10 11 12 13 14 of a person's face? A Yes, but he also turned around and looked at us. Q Is this while Kennelly is walking towards the car? A This is while he says or the other one says what's up folks. Q You heard according to you what's up folks come out of that car. Is that right? 15 A Yes. 16 Q You don't know who said it? 17 MR. 18 19 20 BURCH: She indicated she didn't know who said it. THE COURT: again. MR. BURCH: 22 MR. KREITER: 24 I think that's what she said I didn't hear that part. Q said what's up folks. A just She said the whole thing. 21 23 I would object as to who said it. You don't know today who Is that right? Correct. 103 1 LJ 2 Q And this was while Kennelly was walking towards the car. Isn't that right? 3 A When they said what's up folks? 4 Q Yes? 5 A They said what's up folks 6 Q While Kennelly was standing with his back 7 8 9 10 11 first. to the street? A When they said what's up folks we all looked and we saw their faces. Then Kennelly turned around and he started walking towards them. Q When you looked, this was about a 12 This took about a 13 from the time the car pulled up. 14 A Correct. 15 Q Okay. 2 second or two seconds, second. correct, Is that correct? And when you looked and according 16 to you, 17 was playing with his hair and looking westbound, 18 wasn't he? 19 A Yes. 20 Q Now Kennelly is walking towards the car. 21 you saw the face as the driver of the car That only took a second or two, 22 A Yes. 23 Q Almost immediately a 24 that right? 104 right? shot is fired. Isn't . .-.J 1 A No. 2 Q Ma'am, 3 4 5 6 how quickly after Kennelly started walking to the car after a shot was fired? A They were looking at us and they waited until he said who's that. Q How long after you hear what's up folks 7 until Kennelly said who's that? 8 the time wasn't he? He was walking at 9 A Yes. 10 Q He took about three steps, 11 A Right. 12 Q And to take those three steps i t took him 13 what, maybe a 14 that correct? second, a right? second and a half. Isn't 15 A I 16 Q It was a very short period of time, wasn't 17 it, Ma'am? 18 A Yes. 19 Q You're sitting in this courtroom today and 20 don't know. i t ' s very well lit. Isn't that correct? 21 A Yes. 22 Q But out there on the street that night, 23 24 Cortland in the City of Chicago it was dark? A No. 105 LJ 1 Q It wasn't as bright as this courtroom, was 3 A Light above us was bright enough. 4 Q This was a 2 5 it? 1994, correct. Summer's night September 1st of Is that correct? 6 A It was chilly outside. 7 Q Well, 8 there was a yellow bulb in that light above you, wasn't there? 9 A Yes. 10 Q And that's to keep the bugs away, 11 A I would say it's for everyone to see. 12 13 14 Right. Q But it was yellow, the bulb was yellow. The light above your head. 15 MR. LYONS: 16 MR. KREITER: 17 Q Objection. Asked and answered. I ' l l withdraw that question. So Ms. Grande and Kenny took these 18 three steps in a second or a 19 shot was fired. Isn't that right? 20 21 22 23 24 right? MR. CALLAHAN: second and a half, Objection. a She didn't testify a second or a second and a half. THE COURT: Rephrase why don't you please, Mr. Kreiter. MR. KREITER: Thank you, 106 your Honor. LJ 1 2 Q Ma'am, Kennelly took three steps toward the car. Right? 3 A Yes. 4 Q Said who's that? 5 A Yes. 6 Q Kennelly said who's that? 7 A Yes. 8 Q Then the shot was fired. 9 10 11 Isn't that right? A They looked at us then they started firing. 12 Q Did both back seat passengers look at you? 13 A Yes. 14 Q And then the shot was fired and then you You turned and you ran into the building. 15 got up. 16 Didn't you? 17 A Yes. 18 Q You ran as fast as you could, didn't you? 19 A Yes. 20 Q And the other people you were with, Jorge 21 and Amy, they ran with you into the building, 22 didn't they? 23 A Correct. 24 Q You ran through the foyer 107 of that building L1 . ..J 1 which is about eight or ten feet, right? 2 A I'm sorry. 3 Q You ran into the entry hall of that 4 building, 5 A Yes. 6 Q You ran through there as fast as you 7 could. right? Isn't that correct? 8 A Yes. 9 Q You started to run up the stairs. 10 Isn't that correct? 11 A Yes. 12 Q How many stairs had you gone up before you 13 were shot? 14 A I 15 Q What was it? 16 A Probably like three. 17 Q I'm sorry? 18 A Like three. 19 Q Like three. don't remember. Two or three? So you are now on maybe the 20 third stair and you felt yourself get shot. 21 that right? Is 22 A Yes. 23 Q According to you Amy at this time had not 24 been shot. Is that right? 108 ·1 L_.-J 1 A Correct. 2 Q Amy had tripped? 3 A When Amy tripped I wasn't shot. 4 Q And this entry hall that you ran through, 5 this entry hall is maybe eight or ten feet, 6 it, isn't from the front door? 7 A I don't know. 8 Q Asking leave of Court to approach the 9 I don't know that. witness, your Honor. 10 THE COURT: 11 HR. Okay. KREITER: Ms. Q Grande, I want to now 12 show you what I've marked previously as Defendant 13 Negron's Exhibit Number Six for 14 Can you identify what's depicted in that 15 photograph? Identification. It's the door where we were sitting. 16 A Yes. 17 Q Right. 18 A Yes. 19 Q It shows the door. 20 A Yes. 21 Q It's shows the entry hall, 22 of that building, That shows the stoop. Correct? right? 23 A Yes. 24 Q 3920 West Cortland. 109 Correct? Right? the foyer part Ll 1 A Correct. 2 Q It shows the area you ran through to get .J 3 to the stairs. 4 A Yes. 5 Q Okay. Isn't that right? And these pictures are truly and 6 accurately portrayals of the door, the entry hall 7 and where the stairs are located as they existed on 8 September 1st of 1994. Isn't that correct? 3 9 A Yes. 10 Q So you ran from where you were seated on 11 the stoop all the way through the entry hall about 12 three stairs and then you got shot. Right? 13 A Right. 14 Q You were now maybe forty feet from the car 15 in the street. Isn't that correct? 16 A Correct. 17 Q Much farther away, 18 A I don't -- 19 Q Ma'am, 20 were you? 21 A 22 MR. CALLAHAN: 23 24 feet. correct? you weren't any closer to the car, I wasn't. She agreed. THE COURT: And Judge, he already said forty So forty feet is forty feet. Sustained. )1 1 () L1 HR. 1 KREITER: By the way Ma'am, Q 2 ran into the building from the stoop, 3 door to the building closed behind you, when you the front didn't it? 4 A When we ran inside? 5 Q Yes. 6 Q Yeah? 7 A Yes. 8 Q I'm sorry? 9 A When Jorge opened it it went all the way 10 back and it takes a while for Q 11 12 Maybe longer I guess. it to close back. When you were up on the stairs front Isn't that correct? door was closed. 13 A It was halfway, halfway closed. 14 Q You were looking through that front door 15 which is not all glass by the way, when you were 16 observing this car on the street. 17 correct? 18 A Yes. 19 Q You looked through that door too, 21 A I 22 Q Right. 20 I Isn't that looked. didn't you? looked back. I now want to show you what I've 23 marked as Defendant's Exhibit Number Five for 24 Identification and I ask you, III this is a photograph. t 1 l 1 And I 2 in that photograph? ask you if you can identify what's depicted 3 A The door. 4 Q That's the door and that photograph truly 5 and accurately portrays the door to 3920 West 6 Cortland as i t appeared and existed on September 7 1st of 1994. Isn't that correct? 8 A Correct. 9 Q And that door has glass panes but i t also 10 has wood strips through it, doesn't it? 11 A Yes. 12 Q When you were up on that third step after 13 you ran through the entry hall you were looking at 14 least partially through this door, weren't you? 15 A I would say so. 16 Q And that stairway is sort of on an angle. 17 It's not directly lined up with the door, 18 Ma'am? is it, 19 A Correct. 20 Q The stairway that you were on so your view 21 is even further blocked from the stairway. 22 it your view to the street? Isn't 23 A It wasn't blocked for me to see the car. 24 Q Now after you were shot you were taken to 112 1 - Mount Sinai Hospital. Correct? 2 A Yes. 3 Q You were taken there by ambulance. 4 1. the hospital, that correct? 5 A Yes. 6 Q And officers shortly after this incident 7 went to talk to you to find out what you saw, what 8 you knew about the events that had occurred a 9 hours before. few Isn't that correct? 10 A They, when I was in my room, 11 Q That morning, 12 1994. 13 A Yes. 14 Q Officer Dombrowski carne to talk to you. 15 yes. the morning of September 17, Isn't that right? Is that correct? 16 A I 17 Q Well, don't remember his name. the Officer you talked to you wanted 18 to be as accurate in detail as you possibly could 19 with him, 20 about what occurred September 1st of 1994? 21 22 23 24 A didn't you when he asked you questions I wasn't feeling like I wanted to talk to anyone. Q But the Officer asked you questions and you gave him answers, right? 113 1 2 3 4 A I didn't give him, don't remember giving him straight answers. Q Well, you were being honest with him, weren't you? 5 A As I 6 Q Okay. 7 I remember, yes. And you wanted to tell him everything you knew about the incident, didn't you? didn't want to talk to no one though. 8 A I 9 Q And you told the Officer that a dark blue 10 older square mid sized car with three male white 11 Hispanics, 12 with dark hair, 13 passenger was thin with a 14 complexion, 15 MR. 16 THE COURT: 17 MR. the driver was male white, light complexion. black LYONS: KREITER: The front long face, light jacket and red hat? Objection, I tall and thin not impeaching. don't know if he's done yet. And that the back seat, Q the 18 person in the back seat was skinny and he was dark 19 hair and a medium complexion and clean looking. 20 That's how you described the individuals to the 21 Officer in the hospital, 22 MR. LYONS: 23 MR. KREITER: 24 right? Objection. Q The first to the police. 114 time you talked THE COURT: 1 2 11m going to let her answer. You may answer. 3 A 4 MR. I don't remember. KREITER: Q You also were asked by the 5 officer what happened and you told the Officer that 6 a 7 alley of Harding and backed out down Cortland until 8 i t was even with you. 9 in the car. car came by, turned into the east alley, east 4 And Saez went to see who was And that the Defendant in the back 10 seat started shooting. 11 Officer, That's what's you told the correct? 12 MR. 13 THE COURT: 14 MR. LYONS: Objection. That certainly is not sustained. KREITER: Q You never told the Officer 15 at the hospital that the driver was shooting, did 16 you? 17 18 19 A in pain. Q I don't remember. I wasn't paying, I wasn't feeling like talking to no one. But you were talking to the police and 20 talking about the events that happened 21 hours before. just a few Isn't that correct? 22 A No response. 23 Q Malam, 24 I was you told the police officer on September 1st that there was a 115 front seat passenger i L • . .J 1 with a long face. Isn't that correct? 2 A No. 3 Q You came into this courtroom today and 4 told us there were two people in the back seat. 5 Isn't that right? 6 A Yes. 7 Q Amy Merkes was your very dear friend as 8 you told us, correct? 9 A My best friend. 10 Q You had been best friends with her about a 11 year? 12 A Yes. 13 Q Kennelly Saez was her boyfriend. 14 Isn't that right? 15 A Yes. 16 Q And you were very angry about what had 17 happened, weren't you? 18 A I'm heartbroken to this day. 19 Q If I may have one moment, your Honor. 20 THE COURT: 21 MR. 22 KREITER: Sure. Q By the way, that foyer in the building was well lit too, wasn't it? 23 A I'm sorry? 24 Q The entry hall inside that building of 116 "1 Lj 1 3920 West Cortland, 2 it? that was well l i t also, wasn't 3 A Yes. 4 Q There was a 5 A Yes. 6 Q So when you were on the stairs and looked 7 back, 8 light too, light in there, right? according to you you had to look through that didn't you? 9 A Yes. 10 Q That light was in your eyes, wasn't it? 11 A No. 12 Q That light was illuminating the entry 13 hall. Correct? 14 A Yes. 15 Q One moment, your Honor. No further questions. 16 17 THE COURT: State? 18 MR. Your Honor, based on that we have Thank you. Thanks very much, 19 20 nothing. THE COURT: 21 Ma'am. 22 down. 23 24 LYONS: You may step down. I I think -- you can step think this will be an appropriate time, Ladies and Gentlemen. We'll break for 117 lunch. 1 We'll resume in about an hour. 2 to the 3 lunch. t L .J You may retire back jury room and they'll take you over for 4 (Whereupon, 5 the following 6 proceedings were had after the 7 matter was passed) 8 9 10 11 12 THE CLERK: The People of the State of Illinois versus Roberto Almodovar and William Negron. MR. BURCH: Before we bring the jury out I'd like to address the Court. 13 THE COURT: Certainly. 14 MR. Judge, BURCH: earlier today there was a 15 motion in limine made by Mr. 16 to the introduction of certain evidence. 17 the record to reflect we'd join in the motion. 18 THE COURT: Certainly. 19 MR. I 20 THE COURT: 21 Okay. BURCH: Gibbons as it related I'd like understand the Court's ruling. Thank you very much. Very Bring out the Jury please. 22 23 24 118 (Whereupon, 1 f 1 the following 2 proceedings were had in the 3 presence of the jury) 4 THE COURT: 5 the delay, folks. MR. 9 CALLAHAN: 10 I apologize for Ladies and Gentlemen. We are ready to resume. 8 11 apologize for the delay. Please be seated, 6 7 I Thank you, State? Judge. At first we'd be proceeding by way of stipulation. Ladies and Gentlemen, 12 a stipulation is an 13 agreement between the parties that if certain 14 witnesses were called, 15 follows: 16 they would testify as There's a stipulation between the parties, 17 Mr. Burch representing Roberto Almodovar and Mr. 18 Gibbons and Mr . . Kreiter representing William Negron 19 and the People of the State of Illinois by Jack 20 O'Malley, 21 Cook County through his assistants Jack Callahan 22 and Thomas Lyons that if Ernest Warner, W-a-r-n-e-r 23 were called to testify, 24 firearms examiner with the City of Chicago Crime their attorney, the State's Attorney of he would testify he is a 119 1 L . 1 Lab. 2 He would testify that he has had certain 3 experience and training over numerous years in the 4 examination of firearms. He would testify that he had an 5 6 opportunity on September 10, 1994 to examine items 7 that were inventoried under inventory number 8 1368633. 9 fired bullets. 10 He would testify that those were four He would testify that based upon his own 11 expert 12 an expert by this Court, 13 training, experience and expertise in the 14 examination of fired firearms and fired evidence, 15 it would be his opinion that the four 16 have already been in fact marked in this particular 17 matter as People's Exhibit Number Twenty Three were 18 items that based upon their class characteristics, 19 he's able to give an expert opinion they are 38 20 caliber fired bullets. and he would be tendered and qualified as that based upon his items which 5 21 It would further be his opinion based upon 22 the condition of those iired bullets when he 23 examined them, 24 characteristics, there not being enough individual those fired bullets were not 120 Ll .J 1 suitaLl,::: for comparison and he would not be able to 2 giv? an opinion as to whether those four 3 bullets were fired from the same weapon. So stipulated, 4 5 MR. GIBBONS: 6 MR. BURCH: 7 THE COURT: fired Counsel? So stipulated. So stipulated. Thank you. 8 9 DETECTIVE MC MURRAY, 10 a witness called on behalf of the People of the 11 State of Illinois, 12 testified as follows: was duly sworn, examined and 13 14 DIRECT EXAMINATION 15 BY 16 MR. CALLAHAN 17 18 THE COURT: 19 r1R. 20 THE COURT: 21 MR. Have a seat, CALLAHAN: I sir. proceed, your Honor? Please. CALLAHAN: Q Sir, could you please 22 introduce yourself to the Ladies and Gentlemen of 23 this 24 jury? A Yes. My name is Detective John McMurray. 121 1 2 Q How are you employed, 3 A I'm employed by the Chicago Police 4 Department as a Detective in the Violent Crimes 5 Unit. 6 7 Q 9 10 11 12 13 14 How long have you been a Detective with the Chicago Police Department? 8 A I've been a Detective just over five years Q How long have you been assigned to the now. Area Five Violent Crimes unit? A I've been assigned to Area Five Violent Crimes for the last year. Q Sir, calling your attention to June 25th 15 of 1995. 16 investigation of a homicide? Did you find yourself involved in the 17 A Yes, 18 Q And what was that investigation regarding? 19 A At the time I was investigating actually 20 21 \ sir? I did. an aggravated battery, attempt murder. Q Was one of the individuals you were 22 seeking to speak with regarding that case an 23 individual by the name of Leandro Marin, M-a-r-i-n? 24 A Yes he was. 122 I Q And who did you know that person to be? 2 A He was a member of the 3 MR. KREITER: Object to that, your Honor. 4 MR. GIBBONS: Object to that, Judge. ) I 5 MR. BURCH: Objection. 7 THE COURT: Sustained. 8 MR. CALLAHAN: Q Stricken. Who was he related to in the particular case you were investigating? 10 A He was the offender. 11 Q Did you in fact obtain a warrant for his 12 arrest? 13 A Yes. 14 Q Did you go to a 15 A Yes. 16 Q What was the location that you went to? 17 A 2701 West Division. 18 Augusta I 19 Q Was that in the City of Chicago? 20 A Yes. 21 Q When you arrived at that location was he 22 '. Ask i t be stricken. 6 9 Insane Dragons. location? 11m sorry 2701 West believe it was. present? 23 A No he was not. 24 Q Was there someone present at that 123 1 location? 2 A Yes, 3 Q Were you let in the apartment? 4 MR. 5 THE COURT: 6 MR. BURCH: 9 10 Object to leading at this time. Rephrase. CALLAHAN: 7 8 his girlfriend was present. Q apartment, A I ' l l ask another question. What happened when you got to the Detective? Mr. Marin's girlfriend allowed us access into this apartment. 11 Q 12 happened? 13 A We were looking for Mr. 14 Q Did you find Mr. 15 A He was not present at that time. 16 Q Did you observe anything in the bedroom 17 When you went in what did you do? t Marin. Marin at that time? area of that particular apartment? 18 A Yes, 19 Q What was that? 20 A I I did. observed a manilla envelope with stamped 21 confidential on the outside of i t and i t contained 22 numerous papers 23 24 Q inside of it. Did his girlfriend indicate to you that you could look through that manilla envelope? 124 ; 1 ..J L . 1 MR. BURCH: 2 THE COURT: 3 MR. Your Honor, I object. Sustained. Pose another question. '"l CALLAHAN: 4 envelope? 5 A 6 I Did you open up the manilla could see what was in it because they But I were coming out. opened it up. What was inside of the manilla envelope? 7 Q 8 MR. GIBBONS: 9 THE COURT: 10 Q A For the record, Judge, Overruled. I object. Go ahead. There were two complete sets of Chicago 11 Police Department supplementary reports in the 12 envelope. 13 MR. CALLAHAN: Q And what type of cases were 14 those two complete Chicago Police Department 15 reports regarding? 16 MR. BURCH: Objection. 17 THE COURT: Overruled. 18 MR. GIBBONS: 19 THE COURT: 20 MR. CALLAHAN: Hearsay. lid join in the objection. Proceed. Q What type of cases did 21 those two sets of reports, what type of cases were 22 they regarding? 23 24 A One set of the police reports was this case with the victims Amy Merkes and Jorge 125 1 Rodriguez. 2 The second set of reports was also a 3 homicide report involving the homicide of another 4 Insane Dragon by the name of Carlos Olon. 5 HR. BURCH: Objection. 6 THE COURT: Sustained. 7 HR. 8 CALLAHAN: Q Stricken. Did you have an opportunity to look through those reports? 9 A Yes, 10 Q Were there the names of witnesses included 11 I did. in those reports? 12 MR. 13 THE COURT: 14 A GIBBONS: Object to this, Judge. Overruled. There were names of every person the 6 15 Police Department had spoke to in regards to this 16 case. 17 18 MR. CALLAHAN: Were addresses of witnesses included in those reports? 19 A Yes. 20 Q Now Hr. 21 Q Leandro Marin wasn't a Chicago Police Officer, was he? 22 A No, 23 Q To your knowledge he wasn't involved in 24 sir. law enforcement at all, was he? 126 L.J1 1 A 2 MR. GIBBONS: 3 this, No, sir. Objection to the relevance of Judge. 4 THE COURT: 5 MR. 6 THE COURT: 7 MR. I ' l l let i t stand. CALLAHAN: May I approach, Overruled. Judge? Sure. CALLAHAN: I'm showing you, Q Detective, 8 what's marked People's Exhibit Number Twenty Six. 9 Could you look through that manilla folder? 10 11 Have you had a chance to look through that folder, sir? 12 A Yes, 13 Q Contained in that folder, 14 sir. are those the two sets of police reports that you discovered? 15 A Yes, 16 Q Were these involving the particular case 17 they are. on trial today, correct? 18 A This case, 19 Q One involves an individual by the name of 20 correct. Carlos Olon? 21 A That's correct. 22 Q If I 23 THE COURT: 24 HR. could have a moment please, Sure. CALLAHAN: No other questions. 127 Judge. 1 THE COURT: Cross, Mr. 2 MR. Your Honor, 3 4 BURCH: Burch. I have no questions. would adopt the questions of Mr. THE COURT: Sure. Gibbons. Mr. Gibbons? 5 6 CROSS EXAMINATION 7 BY 8 MR. GIBBONS 9 10 Q 11 correctly, 12 an arrest warrant. 13 14 A correct, Detective McMurray, if I understand you you went to this address to effectuate Is that correct? To execute an arrest warrant. That's sir. 15 Q That person was named Leandro Marin? 16 A Leandro Marin. 17 Q And did you find Mr. 18 location? 19 A No. 20 Q You certainly weren't looking for him 21 22 Marin at that He was not there. inside a manilla envelope, were you? A Once I saw the manilla envelope with 23 Chicago Police reports regarding the homicide I 24 immediately seized them. 128 I LJ 1 2 3 4 5 6 Q My question was you certainly werenlt looking for A him inside of an envelope? In plain view I against the law so Q I saw something I believed am allowed to seize it. You knew the reports were not owned by Mr. Marin? 7 A Thatls correct. 8 Q You said they were against the 9 A I 10 Q Mr. 11 A Yes. 12 Q Did you charge him with unlawful 13 law? believe so. Marin was subsequently arrested? possession of any police reports? 14 A I 15 Q He wasnlt charged with any crime relating 16 donlt believe he was charged. to possession of these police reports, was he? 17 A I 18 Q What law is it, donlt believe he was charged, 19 against the 20 know that law? sir, that states itls law to possess police reports? 21 A Not off the top of my head, 22 Q You canlt tell us what 23 24 that correct? A sir. Pardon me, sir? 129 Do you no. law that is. Is L 1 1 2 Q You can't tell us what law that is off the top of your head? 3 A I 4 Q Did you charge !vIr. Marin with obstruction? 5 A No, 6 Q Did you charge him with any crime relating 7 believe i t ' s involving obstruction. sir. to police reports whatsoever? 8 A No. 9 Q You indicated you recovered those police 10 reports on June 25 of 1995. Is that correct? 11 A Yes, 12 Q Now you did not inventory these reports at 13 that time, sir. did you? 14 A No. 15 Q Did you inventory police reports in July 16 of 1995? 17 18 19 A I believe I Q Well, inventoried them later on, sir. later on. Officer, you didn't 20 inventory the reports until October 2nd of 1995. 21 Is that correct? 22 A I had to refer to a few people regarding 23 some other information about the possession of 24 those reports. 130 1 Q That's interesting, Officer. But you 2 still haven't. answered my question. 3 inventory those reports that you claim you 4 recovered from some house on June 25th until 5 October 2nd of 1995. 6 7 8 9 10 A That's when I That's why I Q You did not Is that correct? finished my investigation. inventoried them. It took you three and a half months to Is conduct an investigation as to these reports. that your testimony? 11 A Yes, sir. 12 Q Now after you completed your investigation 13 on October 2nd of 1995 did you charge anybody then 14 with any offense relating to these reports? 15 A I did not charge anybody. 16 Q You did not prepare any police report 17 pertaining to your alleged seizure of these 18 documents at the time that you recovered them on 19 June, 20 1995, did you? 21 22 23 24 A allegedly recovered them on June 25th of I didn't allegedly recover them. I did recover them. Q You didn't write any report on that date about the recovery? 131 1 A I 2 Q My question to you, 3 needed to refer to other people, Officer, sir. is you didn't write any report? 4 A No, sir. 5 Q You didn't write any report about the 6 recovery of these reports until three and a half 7 months later on October 2nd of 1995. 8 correct? 9 A Is that Correct. 10 MR. GIBBONS: 11 MR. Nothing further. CALLAHAN: I have a couple questions. 12 13 RE-DIRECT EXAMINATION 14 BY 15 MR. CALLAHAN 16 17 18 Q Now Detective, you said that you had to speak with a few people. Isn't that correct? 19 A That's correct, 20 Q Was that because of the unusual nature of 21 22 23 24 sir. finding such reports? MR. GIBBONS: Object to the leading and suggestive nature of the question. THE COURT: Rephrase. 132 ; t "l LJ HR. 1 CALLAHAN: Q Why was this considered or 2 why was it somewhat of an unusual situation for 3 you? 4 HR. GIBBONS: 5 MR. CALLAHAN: 6 THE COURT: 8 A 10 Asking an open end question, Judge. 7 9 Objection. Overruled. You may answer. It is very unusual. Yes. The dissemination of those reports is very controlled. MR. CALLAHAN: Q On the face of the reports 11 did this person whose home the reports were 12 recovered from appear to have any involvements as a 13 witness on either of these two cases? 14 A No, 15 Q And why was it that i t took a period of 16 17 sir. time before your investigation was completed? A I needed to speak to officials in the 18 State's Attorney's Office as well as 19 higher up in the Chicago Police Department about 20 this incident. I have nothing further. 21 Q 22 THE COURT: Re-cross? 23 24 133 officials L1 .. 1 RE-CROSS EXAMINATION 2 BY 3 MR. GIBBONS 4 5 it took three and a half months for you to speak to a State's Attorney an officers 7 in the Police Department higher ups. 8 correct? 9 A Pardon me now'? 10 Q It took three and a 11 to people? 13 . Officer, 6 12 '" Q A Is that half months to speak Took me three and a half months to do this investigation. That's correct sir. : 14 Q 15 MR. 16 THE COURT: 17 MR. Nothing further. CALLAHAN: Nothing else. Thanks very much, CALLAHAN: One second, Detective. Next. Judge. 18 19 DETECTIVE GUEVARA, 20 a witness called on behalf of the People of the 21 State of Illinois, 22 testified as follows: was duly sworn, 23 24 134 examined and 1 DIRECT EXAMINATION 2 BY 3 MR. " L.J , CALLAHAN 4 5 THE COURT: 6 MR. 7 8 9 Have a CALLAHAN: seat, Sir, Q sir. could you please state your name and spell your last name for the Court? A Detective Renaldo Guevara, G-u-e-v-a-r-a; #20861. 10 Q How are you employed, 11 A I'm employed by the Chicago Police 12 Detective? Department, Area Five Violent Crimes Unit. 13 Q How long have you been a Detective? 14 A I've been a Detective for the past five 15 years in Area Five. 16 Detective in Gang Crimes. 17 18 19 Q How long were you a Detective in Gang Crimes? A I was a Detective in Gang Crimes for 20 fifteen years. 21 three years on the 22 23 24 Prior to that I was a Q Total, twenty three, almost twenty job. What section were you a Detective in the Gang Crimes if i t ' s broken down into sections? A I was a Detective in the north side Gang 135 -, L .J 1 2 3 4 Crimes North. Q Now Area Five, what section of the City does that encompass? A Area Five covers from Roosevelt Road on 5 one end all the way out to the airport. 6 river on the east end all the way out to the 7 suburbs on the west end. 8 9 10 Q Now Detective Guevara, From the did you become involved in the investigation of the murder of Amy Merkes and Jorge Rodriguez on September 1, 1995? 11 A Yes, 12 Q On that particular date did you have an I did. 13 opportunity at all to speak with any of the parties 14 who were immediately involved in the incident? 15 A Yes, 16 Q Did you speak with some of the police I did. 17 officers who were involved to become up to speed on 18 the investigation? 19 A Yes. 20 Q Now Detective, other than that 21 investigation were you involved in any other 22 investigations or other murder investigations at 23 that time? 24 A Yes, I did. I was involved in a murder 136 1 investigation which happens two days prior to this 2 double homicide on the 2600 block of Palmer. l L.J Who was the victim of that particular 3 Q 4 MR. 5 THE COURT: 6 MR. CALLAHAN: 7 BURCH: Your Honor, I would object. I ' l l reserve ruling. Who was the victim of that Q particular murder? 8 A I believe it was Olon, Carlos Olon. 9 Q Who do you know him to be? 10 A He was an Insane Dragon. 11 Q Where is 4625 lAlest Palmer in relation to 12 the area where this homicide occurred that you were 13 investigating involving Amy Merkes? 14 A Approximately seven blocks away. 15 Q Now in regards to the investigation of the 16 murder of Jorge Rodriguez and Amy Merkes, did you 17 have an opportunity to speak with Officers 18 Olszewski, O-l-s-z-e-w-s-k-i and Siwa, 19 regarding any involvement they had? S-i-w-a 8 20 A Yes, 21 Q And after having a conversation with these I did. 22 particular officers, 23 them? 24 A Yes, I did. did you obtain anything from I obtained three photographs 137 1 2 of members of the Insane Dragons. Q And was any of those three photographs any 3 of the individuals who were charged in this 4 particular case? 5 A Yes. 6 Q Who was that a photograph of? 7 A Roberto Almodovar. 8 Q Now had you gotten photographs of those One of them was. 9 particular people in response to descriptions you 10 had had knowledge of prior to speaking with those 11 two officers? 12 A Yes, 13 Q And did you speak with them about this 14 I did. investigation and the circumstances of it? 15 A Yes, 16 Q Now after you obtained that photograph of I did. 17 Roberto Almodovar did you at some point after that 18 have an opportunity to speak with any other Chicago 19 Police Officers? 20 A Yes. I did speak with Gang Crimes 21 Specialist Eddie Wyora 22 Specialist Rodriguez. 23 24 Q (understood) and Gang Crimes And did you tell them of the investigation you were working on? 138 LJ 1 A Yes, I And I did. also showed them the 2 three photos that I 3 these officers of the 25th District. 4 5 6 Q And did they, did you receive anything from them relative to this A Yes, I did. 7 Specialist Wyora, 8 Negron. 9 around. 10 MR. 11 THE COURT: 12 HR. 13 have that were given to me by received from Gang Crimes I received a photo of Willie And he said this is the guy that hangs BURCH: Objection. Objection sustained. CALLAHAN: Q the conversation was, 14 I investigation? Please don't indicate what Detective. So at this point is i t fair to say you had 15 a Polaroid photograph of both Willie Negron and 16 Roberto Almodovar? 17 A Yes, 18 Q Do you see these two individuals you had 19 I did. photographs of present in Court? 20 A Yes I 21 Q Please point to them and indicate them? 22 A The gentleman sitting over there in the do. 23 corner, Willie Negron. 24 there, The gentleman sitting over Roberto Almodovar. 139 1 LJ Q Now on approximately September 5, 1995 did 2 you have an occasion to go and see any witnesses 3 who were involved in this double homicide? 4 A Yes, 5 Q Who was that person? 6 A Jackueline Grande. 7 Q Had you on any prior occasion spoken to 8 Ms. I did. Grande? 9 A Yes I 10 Q Was that in person or on the phone? 11 A That was on the phone. 12 Q Did she up until that point already told 13 had. you what had occurred on September 1st? 14 A Yes, 15 Q Detective, when you went to Ms. Grande's she did. 16 horne did you go there by yourself or with a 17 partner? 18 A I 19 Q When you went there do you recall where 20 went by myself. you went in Ms. Grande's home? 21 A Yes. 22 Q And was anyone there other man Ms. 23 24 I went into the Grande? A Yes. 140 living room. 'l L_..J 1 Q Who was that? 2 A I 3 4 5 daughter and her. Q And did you, indicated to Ms. I prior to coming had you Grande why you wished to see her? A Yes, 7 Q And when you arrived did you do anything did. 8 with the photographs? 9 prior to this. You had two photographs Isn't that correct? 10 A Yes, 11 Q Did you do anything in relation to these I did. 12 two photographs in the course of your 13 investigation? 14 A Yes, 15 Q What was that? 16 A I I did. looked for other photographs and put a photo array together on both persons. 18 I did a photo, put a photo array of 19 approximately six persons with long hair and that 20 looked similar to the one I 21 did the same thing with the photograph of Will 22 Negron. 23 '.' her little 6 17 \ believe her mother was there, 24 Q had of Roberto. And when you went to Ms. you show her these photographs? 141 And I Grande's home did 1 A Yes, I did. 2 Q And what did you ask her to do? 3 A When I went to her house, on the living 4 room table I 5 down the six individuals with long hair on this 6 side. 7 put down the six individuals with short hair. 8 I 9 see anybody that you saw that night, 10 11 spread out the photographs. And asked her look through them photos and see if you the night of the shooting there. Q Did Ms. Grande, Detective, the six photographs, 13 Almodovar while you were with her? 15 put Then about approximately six inches away I 12 14 I A look through one of whom was the Defendant Yes she did. Those were the first ones she looked at was the people with the long hair. 9 16 Q Did she identify anyone of those six? 17 A Yes, 18 Q Who did she identify? 19 A She identified the picture of Roberto she did. 20 Almodovar and she said this is the guy that was 21 shooting from the back seat. 22 23 24 Q Did she then look at the photographs of the individuals with the short hair? A Yes she did. 142 1 2 3 Q And when she did that did she indicate if she recognized anyone? A Yes, She pointed to the picture she did. 4 of Willie Negron and said this is the driver of the 5 car who was also shooting. 6 7 Q Is that the person who sits over in this reclining chair that you've alreadY identified? 8 A Yes it is. 9 Q Now after she identified both those 10 individuals can you tell the Ladies and Gentlemen 11 of the 12 13 14 A jury what you did after that? At that point I began looking for both individuals. Q Okay. Now Officer, directing your 15 attention to and in the next couple of days did you 16 have any success initially in locating these two 17 people? 18 A No. 19 Q Detective, on September 11th at 20 approximately 10 p.m. 21 to come into contact with the Defendant Almodovar? I did you have an opportunity 22 A Yes, did. 23 Q Do you recall who was present with you at 24 that time? 143 1 A It was myself, my partner, 2 Earnest Halverson and my Sergeant, 3 (understood). 4 5 Q And where Detective, Detective Sergeant Mingy did you find the Defendant Almodovar? 6 A At approximately 2301 on Normandy. 7 Q Do you know what that location was? 8 A Yes. 9 Normandy, That was right at Belden and a section where the Insane Dragons hang 10 around at. 11 Q 12 Normandy, now what, 13 building, a shop, 14 A The specific address of 2301 North that address is, is it a (: " j i t ' s a street area? / It's a house. It's a residential area. 15 believe there's a 16 field across the bay on the south side of the 17 street. 18 19 Q park or something with a big Now Detective, was the Defendant then brought to Area Five Violent Crimes? 20 A Yes he was. 21 Q Detective, could you tell us where, what 22 the distance is between the area of 3920 Cortland 23 and 1732 North Springfield? 24 A It's about, I would have to say about 144 I 1 " 2 three blocks away. Q Detective, early in the morning on 3 September 12th going into the next early morning at 4 approximately two a.m. 5 Gentlemen of the 6 A I can you tell the Ladies and jury where you found yourself? was on surveillance at, 7 Plaine and Spaulding I 8 Willie Negron to corne horne. 9 Q at the, on Belle believe it was waiting for And at some point around two a.m. in the 10 morning did William Negron arrive at home or in 11 that area? 12 A Yes he did. 13 Q And when he arrived in that area was he 14 then taken to Area Five Violent Crimes? 15 A Yes he was. 16 Q And at that point both these individuals 17 had already been identified in the photo array as 18 the people committing this homicide. 19 A That's correct. 20 Q Detective, prior to your investigation in 21 this case did you know the Defendant, 22 Negron? 23 A No, 24 Q How was but I Correct? William did know his mother. i t that you knew the Defendant 145 LI 1 \o-1illiam Negron's mother. 2 3 MR. GIBBONS: Objection. Judge. 4 I"I.R. CALLAHAN: 5 MR. GIBBONS: 6 THE COURT: 7 up. 8 9 Judge. I ' l l reserve ruling. It's not tied Let's go. Yes. A I knew his mother to be my wife's best friend. MR. CALLAHAN: 11 MR. GIBBONS: stricken. 13 14 I think it is, Side-bar. 10 12 It's not relevant, f"l.R. Detective, Q Judge, I would after -- just ask that be It's not relevant. CALLAHAN: I think it is relevant based on evidence attempting to be elicited. 15 THE COURT: 16 MR. Overruled. CALLAHAN: Q Proceed. Detective, on September 17 12th did you have an opportunity to participate in 18 a 19 Negron were present? line-up in which both Defendants Almodovar and 20 A Yes. 21 Q And who viewed that line-up? 22 A Two people viewing the line-up; 23 24 KennelLy and Jackueline viewed the line-up. Q Did this line-up occur at approximately 146 · '1 L.-.l 1 2 A That's correct. 3 Q Where did this line-up take place? 4 A 5555 West Grand Avenue up on the second 5 floor, the Detective Division. 6 Q What's at 5555 West Grand? 7 A The Detective Division. 8 Q For Area Five? 9 A Correct. 10 Q And how is it that you ran the particular 11 o six p.m? 12 line-up that we're speaking of? A Well, I have both suspects and gather 13 about four or five more individuals, 14 descriptions of the suspects and I 15 sitting down in one room with a one way mirror. 16 The other side at one at a tiDE the witnesses were 17 brought in to view the line-up. 18 19 Q Now do you r:c" C b. more or less had tilcm all 11 who vie wed t he 1 1.n e - up first? 20 A 21 Q Ye:') • 22 ICe nne lly. 23 Were you present with him in the viewing room as he looked at the particular line-up? 147 .. L . i 1 1 A I was in there with both. 2 Q And they were in there at a 3 though, separate time correct? 4 A Correct. 5 Q Did, was your partner, 6 Halverson, 7 being looked at were seated? Detective in the room with the people who were 8 A That's correct. 9 Q Detective, when you brought Kennelly Saez 10 into the viewing room can you tell us what 11 happened? 12 A He viewed the line-up and he picked the 13 person that was in number one spot as the guy that 14 was shooting from the back seat. 15 the person that I 16 as the person that was the driver of the car shoot 17 from the front 18 19 Q believe it was number those people out? No he did not. 21 Q Detective, 24 spot Did he have any hesitation of picking A 23 five seat. 20 22 Then he picked after Mr. Saez viewed that line-up where was he taken? A He was taken and placed in another room away from where Jackueline was sitting. 148 1 1"'1 LJ Q Did Mr. Saez have any contact with Jackie 2 Grande between the time he viewed the line-up and 3 the time she viewed the line-up? 4 A No he did not. 5 Q Did you lead Ms. 6 room? 7 A Yes, 8 Q And when she went into the line-up room, 9 10 11 12 13 14 I did. can you tell the Ladies and Gentlemen of the jury what happened? A At first said to her, MR. she was scared. "well, you know, GIBBONS: Then I said, I this is it". I would object to this here. 15 THE COURT: 16 MR. Sustained. CALLAHAN: Ull'timate'llr Q 17 d raw n s 0 she c 0 u 1 d see 18 in the line-up? 19 A Yes. 20 Q And did yaw 21 A Yes, 22 Q Wb1Clltt 23 Grande into the line-up I I 1tlirle cu rt a in w;a1S3 pe,o:pl:a' 1who Ii! ere sea ted ca.::S:k lher to do anything? ddid:, •• ,W:a;S t hat ? asked her to look at the line-up and see if she sees anyone in the line-up she saw at the 149 1 LJ night of the shooting. 2 Q Did she identify anyone to you? 3 A Yes. 4 Q Who did he identify? 5 A She identified the person in number one 6 spot as being the shooter in the back seat of the 7 car. 8 as the person being the driver and also shooting 9 from the driver's side. 10 And she identified I Q Sir, believe the fifth spot I'm showing you what's previously 11 been marked as People's Exhibit Number Twenty Four. 12 I'm showing you six photographs. 13 Ladies and Gentlemen of the Jury what those six 14 photographs are? 15 A Yes. These are the six photographs that I 16 used to do, 17 the person wearing the short hair. 18 Q that I Okay. Can you tell the used for the photo array with And do you recognize any of those 19 six photographs as anyone who's present in this 20 courtroom who was identified? 21 A Yes I 22 Q Who was that? 23 A That's Negron. 24 Q Sir, do. Is a that Mr. Negron? Yeah. can you show the Ladies and Gentlemen 150 1 L.d 1 of the jury how you put them out in front of Jackie 2 Grande when you asked her to look at these 3 photographs? 4 A I 5 Q And she selected the one of the Defendant 6 spread them out like that. Negron? 7 A Correct. 8 Q And I'm showing you six other photographs, 9 10 11 If you could take a sir. look at those photographs and take a look at what they represent? A Yes. These are the photographs that I 12 selected for the photo array of the people with the 13 long hair. 14 Q And how did you, if you can indicate to 15 the Ladies and Gentlemen of the 16 show those photographs to Ms. 17 A The same way I jury, how did you Grande? showed the first one. 18 spread them on the table and I 19 anybody in there that you saw that night of the 20 shooting. 21 photo. 22 23 24 Q A asked her do you see And that's when she picked out this Is that person who you pointed to, Polaroid photograph, in this room? Yes. 151 I the 1 Q Who is that? 2 A That's Roberto Almodovar. 3 Q The same person you've already identified? 4 A That's correct. 5 Q Now where did you get these other 6 photographs that you put in with the two you had 7 gotten from those officers? 8 9 A Those are photographs that I had in my personal from the gangs. 10 Q So to your knowledge those other 11 individuals who were present in that are all gang 12 affiliated? 1 13 A Yes 14 Q Now Detective, 15 what's marked, 16 THE COURT: 17 MR. may I I'm going to show you approach Judge? You may. CALLAHAN: Q Detective, I'm showing you 18 what's marked People's Exhibit Number Twenty Seven 19 for Identification. 20 21 22 23 24 What do you recognize that photograph to be? A This is a photograph of the line-up that I conducted on that date. Q Okay. And is there anyone in there, 152 in Ll _..J 1 that photograph as you look at i t who was picked 2 out by Jackie Grande as being the person in the 3 back seat of the car that killed her friends, 4 and Amy? 5 6 A Yes, I do, Jorge the person in the number one spot. 7 Q That's Mr. 8 A Yes, 9 Q Would you put an 10 Almodovar? it is. (A) on his shirt? Is there a person in that photograph that 11 Kennelly Saez identified as being the person who 12 was in the back seat of the vehicle shooting at his 13 friends? 14 A Yes. 15 Q Who was that? 16 A The same one. 17 Q Same number one? 18 A Same number one. 19 Q Do you recognize that photograph as anyone 20 that Jackie Grande identified as the driver and 21 another shooter of her friends on September 1, 22 1994? 23 A Yes I 24 Q What position is that person in? do. 153 lJ 1 A Number five. 2 Q Could you please -- and who is that 3 4 A 5 Q 6 7 0 u 1 d you put an" N " 0 nth a t per son's shirt indicating who was picked out by Ms. Q And did Mr. Grande? Kennelly Saez identify anyone as the driver of that vehicle he saw driving on 9 September 1, 1994? 11 12 13 A Yes, he did. He identified a picture of Willie Negron. Q The fifth person as you look at that photo going left to right? 14 A That's correct. 15 Q I'm going to show you what's marked as 16 People's Exhibit Number Twenty Eight for 17 Identification. 18 to represent? What do you recognize that photo 19 A This is a picture of Roberto Almodovar. 20 Q Is that taken 21 A That was taken the evening after the 22 ! That's Willie Negron. 8 10 ,. person? line-up. 23 Q That's a close up photograph? 24 A That's correct. 154 , "l 1 Q And People's Exhibit Number Twenty Nine, 2 can you indicate what is represented by that 3 photograph? 4 5 A This is, also is a picture of Willie Negron by himself after the line-up. 6 Q That's on September 12, 1994? 7 A That's correct. 8 Q Detective, do these exhibits, 9 People's Exhibits Number Twenty Seven, Twenty Eight and 10 Twenty Nine truly and accurately show the way the 11 line-up looked and the way these two Defendants 12 looked on the night of the line-up? 13 A That's correct. 14 Q If I 15 MR. 16 THE COURT: could have a moment, CALLAHAN: Mr. Judge. have no other questions. I Burch. 17 18 CROSS EXAMINATION 19 BY 20 MR. BURCH 21 22 Q Detective Guevara, you indicate you were 23 assigned to this case on September 1st of 1994. 24 that correct? 155 Is L l 1 A That's correct. 2 Q What time did you come to work on 3 September 1st or did you come to work on September 4 1st of 1994? 5 A Yes, 6 Q What time did you come to work? 7 A My normal hours are three o'clock in the 8 9 I did. afternoon to 11:30 at night. Q So you were, you started working on this 10 case at approximately three p.m. 11 of 1994. on September 1st Is that correct? 12 A That's correct. 13 Q Did you go to the scene of the crime on 14 September 1st of 1994? 15 A On the 1st, yes, 16 Q And did you talk to any witnesses on the 17 I did. scene? 18 A There were none there when I went there. 19 Q Well, the Detectives as routine they 20 canvass the area, 21 are any witnesses? is that correct, to see if there 22 A That's correct. 23 Q September 1st did you go out and canvass 24 the area at 3920 West Cortland? 1 A No I do not. 2 Q And as a Detective you familiarize 3 yourself with the reports that were 4 other detectives and other officers prior to you 5 being assigned. 6 A by Is that correct? Yes. 7 8 Because you don't know all the facts, how many offenders, what the cars look like or people 9 look like. Q Is that correct? 10 A That's correct. 11 Q You did that in this case, did you? 12 A Yes, 13 Q And you know there were two other briefly. I 14 detectives that were assigned at the same 15 this incident had taken place. 16 17 A that Is that correct? I did know about the detc2Tives that were on the scene, yes. 18 Q And you read reports, didn't you? 19 A Briefly, 20 Q And '...'2t a description of who the yes, 12 21 22 23 24 offender::::- were .. A Is that correct? Yes. And there were certain beat officers that were assigned to this case that responded and 157 1 interviewed witnesses. Is that correct? 2 A Yes. 3 Q And they also got, you looked at that, 4 those reports to see if you could get a general 5 description of who the offenders were. 6 correct? Is that 7 A Yes, 8 Q And by reviewing those reports thatls how 9 10 11 12 basically. you obtained your basic description as of September 1, 1994. A Is that correct? By viewing the reports and also talking to the witness. 13 Q Which witness did you talk to? 14 A Kennelly. 15 Q Okay. 16 And where do you say you had a conversation with Kennelly? 17 A It was in front of his house. 18 Q And his house would have been 3918 West 19 Cortland? 20 A 3918-3920 West Cortland. 21 Q Okay. 22 And did you take notes of this conversation you said you had with him? 23 A No. 24 Q So as you sit here today you donlt have ",,, 158 1 any record where you included in any report that 2 you talked to Mr. 3 1994. 4 A No I 5 Q And you knew that there were other Kennelly on September 1st of Is that correct? don't. 6 officers assigned to this case that would be 7 relying upon investigations conducted by you. 8 that correct? 9 A Yes. 10 Q And the purpose of filling out these Is 11 reports is that they would know what Kennelly told 12 you. Is that correct? 13 A Yes. 14 Q Now other than talking to Kennelly on 15 September 1st did you talk to any witnesses on 16 September 2nd of 1994? I don't believe so. 17 A No. 18 Q Now ln the report, the two prior reports, 19 the one of the beat officer and the 20 detectives who were assigned, 21 detectives assigned to this case, 22 report that you observed? 23 24 A I officer, who were the who made out a believe i t was Detective McDonald, Rutherford and Dombowski. 159 Ll . .J May I approach the witness? 1 Q 2 THE COURT: Sure. 3 MR. I'd like to show you what I've BURCH: 4 marked as Defendant's Exhibit Number Thirteen I 5 believe Almodovar. 6 THE COURT: I've got Twelve, 7 MR. Q BURCH: but I'm not -- I'm at Number Twelve. Okay. 8 I'm sorry. 9 ask you to look at this report and ask you if you 10 11 12 13 14 Number Twelve for Identification. And recognize it? A These are reports submitted in by Rutherford and McDonald. Q His report was submitted September 1st of 1994 if you know? 15 A Yes. 16 Q Okay. And those reports basically include 17 what the conclusions of their 18 Is that correct? investigation was. 19 A Yes. 20 Q When you say -- and you relied upon the 21 "description of the offenders in those reports. 22 that correct? 23 24 MR. CALLAHAN: Objection. answered that question. 160 Is He already asked and 1 THE COURT: Sustained. 2 MR. Q BURCH: And what was the description 3 that you had of the offenders as of September 2, 4 1994 from reading your entire investigation. 5 6 MR. CALLAHAN: I'm going to object to this, Judge. 7 THE COURT: Sustained. 8 MR. Q 9 BURCH: Did you have a description of the offenders? 10 A Yes, 11 Q And what was that description? 12 HR. 13 THE COURT: 14 l'lR. I did. CALLAHAN: BURCH: Same ruling stands. Q 15 photographs of Mr. 16 4th of 1994. 17 18 19 20 A Objection. Sir, when you obtained Almodovar, that was on September Is that correct? 4th or 5th. I don't remember exactly what day it was. Q Would anything refresh your recollection? Would your report refresh your recollection? 21 A Yes. 22 Q I ' l l show you what I ' l l mark as 23 Defendant's Exhibit Number Thirteen for purposes of 24 identification and ask if you recognize this 161 1 2 3 4 5 report? Yeah. A This is a report made by my partner. You signed your name to it. Q Is that correct? 6 A Yes. 7 Q So you lo"oked at that report before you 8 signed name and read it for accuracy. 9 correct? Is that 10 A Basically. 11 Q And prior to September 13th of 1994 you 12 did not create any other reports as related to this 13 case. 14 A That's correct. 15 Q And in that report you indicated that you Is that correct? 16 obtained a photo of Mr. 17 of 1994. Almodovar on September 4th Is that correct? 18 HR. 19 THE COURT: CALLAHAN: Objection, Judge. I'm sorry. I apologize. 20 21 (Whereupon, the Record was read) 22 23 MR. 24 THE COURT: CALLAHAN: Objection. You're objecting? 162 HR. 1 2 He already testified to it, Judge. THE COURT: 3 4 CALLAHAN: Well, I'm going to let him answer. You may answer. 5 A Yes. 6 HR. BURCH: Q Now you had no description of a 13 7 person with long hair and a long face prior to 8 getting those photographs. 9 A No. 10 Q Well, Is that correct? That's not correct. when did you get a description of a 11 person of the shooter having long hair and long 12 face? 13 A When I 14 Q And that was September 2nd of 1994? 15 A Could have been that evening, 16 17 spoke to Kennelly. September Or it could have been September 2nd, yes. 1st. Q Isn't it a fact sir, that in your report 18 you indicated that the description that you had of 19 a person with a rectangular shaped head with long 20 hair in back is in the description that was given 21 to you by Ms. 22 in your report? Jackueline Grande. Is that included 23 A It's included there. 24 Q Nothing in your report indicates you got a 163 · '1 L.J 1 description of rectangular shaped head and long 2 hair from Mr. Kennelly. Is that correct? 3 A No. 4 Q Do you now have any report as you sit here It's not in there. 5 that you obtained a description of a 6 shaped head and long hair from Mr. 7 A Not on the reports, 8 Q Sir, 9 10 Ms. rectangular Kennelly? no. isn't it a fact you did not talk to Jackueline Grande before September 5th of 1994 when you went to her house? 11 A That is correct. 12 Q Pardon? 13 A That is correct. 14 Q So when you told us earlier today that you 15 had talked to her prior to that date, 16 true, was it? 17 18 A I never said I Q So -- all right. that was not talked to her prior to the 5th. 19 But your report 20 indicates that you had obtained a description from 21 her, 22 long hair from Jackueline Grande. a description of rectangular shaped head and Is that correct? 23 A That's correct. 24 Q Now you're telling us you didn't talk to 1 .J Is that correct? her prior to going to see her. 2 A That's correct • 3 Q So the reason why you got this photograph 4 of Mr. Almodovar was because you said she had given 5 you a description prior to September 4th of a 6 rectangular shaped head with long hair. 7 correct? Is that 8 A No. That's not correct. 9 Q You told us today that you obtained a 10 photograph of Mr. 11 or two detectives. 12 13 Is that correct? A No, two officers from the 25th District, Q And tell the Ladies and Gentlemen of the yes. 14 15 Almodovar from two beat officers Jury why did you request that photograph? 16 MR. CALLAHAN: Objection. 17 was his testimony. 18 THE COURT: Sustained. 19 MR. Q 20 BURCH: I don't think that Tell the Ladies and Gentlemen of the Jury why did you obtain that photograph? A 21 The reason why, I actually didn't obtain 22 it. They handed to me the photograph, 23 photographs of three Dragons. 24 obtained that photograph and he was one of the guys 165 the three That's the reason I ( 1 2 " Q And you had personal knowledge at that 3 time on September 4th that Jackueline Grande had 4 said that this was a description of one of the 5 Defendants; 6 that right? Is rectangular head and long hair. sir. I got it from Kennelly. 7 A No, 8 Q Now who was present for this conversation 9 .. in the photographs. you said you had with Kennelly? 10 A Myself. 11 Q And 12 A I 13 Q Who was your partner? 14 A Detective Halverson. 15 Q Did you consider this important 16 just you alone? believe my partner was there too. information, this description that he gave you? 17 A To me i t was at that time. 18 Q And this report that you generate on 19 September 13th of 1994, that's your only report. 20 Is that correct? 21 22 A I believe that's the only report submitted by myself and my partner. Now when you got this photograph of Mr. 23 Q 24 Almodovar, you had never seen him before. 166 Is that 1 L.Jl correct? 2 A No. 3 Q You said earlier that you were a Gang 4 Is that correct? Specialist. 5 A That's correct. 6 Q And you have worked on the north side of 7 Chicago where the Dragons are located? 8 A That is correct. 9 Q And you keep an array of photographs of 10 gang members. Is that correct? 11 A That's correct. 12 Q You didn't have his photograph in any of 13 those photos that you kept. Is that correct? 14 A I 15 Q The question is you didn't have his 16 believe he wasn't that old at the time. photograph in those photographs that you kept? 17 A No. 18 Q You didn't know of any -- strike that. 19 Now when you went to the house of Ms. 20 Grande you said that you showed her photographs. 21 You divided them up. Is that correct? 22 A That's correct. 23 Q Long hair and short hair. 24 Jackueline correct? 167 Is that 'L , 1 .J 1 A That's correct. 2 Q Now prior to this she hadn't told you 14 3 anything about hair description, did she? 4 A Yes, 5 Q When did she tell you that? 6 A Earlier the day when I 7 Q What time, 8 9 called her. well, what time did you call her that day? A 10 that day. 11 Q 12 she did. I don't remember. I spoke to her twice You wrote a police report. Is that correct? 13 A No, 14 Q Well, I didn't. you didn't include this telephone 15 call you said you made to her earlier that day in 16 your police report, did you? 17 A No I 18 Q When you talked to her on the phone she 19 gave you, 20 same description on September 5th early in the day 21 that Kennelly had given September 2nd? did not. you're telling us now she gave you the 22 A Yes I 23 Q Long hair, 24 A That's correct. am. rectangular shaped head? 168 L'l_.J 1 2 Q And that's why you took Mr. photograph to her house. Almodovar's Is that correct? 3 A He fit the description, 4 Q And that was the only reason you took that 5 photograph to that house. yes. Is that's correct? 6 A No response. 7 Q You didn't know anything else about him 8 other than the physical description she had given 9 you? 10 11 12 No. A I knew he was a member of the Insane Dragons. Q When you arrested him did he have any 13 tattoos on his body indicating he was a member of 14 the Insane Dragons? 15 16 17 MR. CALLAHAN: Objection. Can we have a side-bar? THE COURT: Sure. 18 19 (Whereupon, the following 20 proceedings were had in a 21 side-bar out of the hearing of 22 the jury) 23 24 169 1 L :..J 1 HR. CALLAHAN: Judge, i t ' s my position that 2 Counsel is dancing around his prior arrest where 3 he's a self admitteded Insane Dragon. 4 that in as well as looking back at the booking 5 statement as well. 6 THE COURT: I I can put assume that's what he's doing. 7 As long as we're over here, what's the relevancy? 8 And I'm going back to your objection about him 9 knowing the mother of Negron. 10 fl.1R. CALLAHAN: Well, Judge, part of it Counsel 11 indicated that the police pursued who they should 12 be picking out on this case. 13 relevant especially towards that issue. 14 That's what the statement was, 15 are pushing or helping along who they should be 16 picking out. 17 MR. GIBBONS: 18 THE COURT: I believe it's the police If anything he knows. I think well, I ' l l wait until this 19 is over with, 20 direct and cross is over with you renew your 21 objection and that will call my attention to it and 22 I ' l l rule on that. but when this is. over, when the 23 24 170 L..cJ l (Whereupon, 1 the following 2 proceedings were had in open 3 Court) 4 5 THE COURT: Go ahead, 6 MR. Thank you, 7 8 BURCH: Burch. your Honor. One moment. Now this photograph that you obtained Q of Mr. Mr. Almodovar had long hair. Is that correct? 9 A That's correct. 10 Q So you told us that you divided the 11 photographs up into two groups. Is ·c'.l1at_ correct? 12 A That's correct. 13 Q Now of the photographs in the first group 14 other than Mr. 15 other photographs from? 16 17 A I Almodovar, believe I where did you get the said I got them from my personal coJlection. 18 And of gang members. Is that correct? 19 A That's correct. 2_ Q Were any of the other photographs gang 21 members that you had personal contact with 23 A Rep eat you r que s t i 24 Q Did you personally obt.2in those other l,} .l. 011. a g aiL 1. c: a. s e . Polaroid photographs from individuals? A Yes. Q Now you told us that she picked out the photograph of Mr. Almodovar. Is that correct? A That's correct. Q And you said at some point later there was a line-up. Is that correct? A That's correct. Q Now that line-up. and she picked out two people in Is that correct? A That's correct. Q And the only two people that she picked out in the line-up were the same two people she previously picked out in the photograph. Is that correct? A In a photo array, yes. Q You didn't expect her to pick anyone else from that line-up, did you? !1'HE COURT: Sustained. There was an objection, wasn't there? " ; MR. LYONS: Yes, Judge. THE COURT: Thank you. MR. BURCH: You had no personal knowledge of the fact Mr. Almodovar was a member of the Dra9ons. 172 Is that correct? MR. CALLAHAN: Objection, Judge. Again I ask for a side-bar. THE COURT: We already talked about this. You may answer the question. A Me, no. MR. BURCH: to his arrest. Q You had never seen him prior Is that correct? A I've seen him in the photo. Q Now when you talked to Mr. Saez on September, either September 1st or September 2nd, other than telling you rectangular shaped head and long hair did he give any other description of any other o£fender? MR. CALLAHAN: Objection, Judge. Calls for hearsay response at this point. THE COURT: Sustained. MR. BURCH: Q When you say you talked to Ms. Grande some time the early part of September 5, 1994 did you get any description of any other offender other than this person with the rectangular shaped face? A Yes. Q What was that description? 173 L ] MR. CALLAHAN: Objection. THE COURT: Sustained. MR. BURCH: Q Same objection. Sir, the only report that you generated in this case is the one that you previously identified. Is that correct? A That and the line-up sup. Q And prior to September 13th of 1994 you have no other reports? A No. Q No others. As you sit there today do you have any notes of a conversation that you had with either Mr. Saez or concerning the conversation you say you had with Ms. Grande on September-5th? A No. Q And so when you sat down and wrote this I don't make no notes. report on September 13th of 1994 it was from memory. Is that correct? A That's correct. Q And you solved this case, all the things that you did to solve this case is included in your report of September 13th, 1994. Is that correct? A Basically, yes. Q I have no further questions. THE COURT: Mr. 174 MR. KREITER: Thank you, your Honor. CROSS EXAMINATION BY MR. KREITER Q Detective Guevara, you told us during the course of your direct examination that you've been a Chicago Police Officer for twenty three years. Correct? A Approximately twenty three years, yes. Q Okay. And for the last five years you've been a Violent Crimes A That's correct. Q And right? years prior to the last five years you were a Gang Crimes Specialist? A That's-- Q Working with Gang Crimes North, correct? A That's correct. Q And on September 1st of 1994 you came on duty on the third watch, right? i .. Is that right? A Yes. That is called third watch. Q I guess you started at three o'clock in the afternoon? 175 1 A I 2 Q Therc!s a first watch, start at three, right. correct? There's a 3 first, there's detectives that work the first 4 watch, right? 5 7 A That's correct. Q What times are those? A First watch starts at eleven o'clock at Do you know? 8 night to seven o'clock in the morning or from 9 midnight to eight in the morning. 10 11 Second watch starts from either 7:30 in the morning or nine o'clock in the morning on up. 12 Q And then the third watch? 13 A Third watch starts at three and also at 14 4:30. 15 Q Okay. And there are teams 16 that work these different watches. 17 correct? of detectives Isn't that 18 A That's correct. 19 Q And also these detectives when they come 20 in for duty, you know, first watch, second watch or 21 third watch, they might work on the same cases. 22 Like for example all third watch detectives may 23 start working on a case 24 detectives might start walking on when they got off the second watch 176 · 1 1 duty. Is that correct? 2 A Sometimes, 3 Q It's sort of like you guys' 4 yes. first, third watch you work on each others cases, second, right? 5 A Some times. 6 Q This particular case didn't happe:l during 7 your watch, Not all the time. right? 8 A That's correct, 9 Q It happened at 10 1st. no. a.m. on September Isn't that right? 11 A I 12 Q Of cuurse that was two watches before your 13 17 was the first watch? watch. 14 15 believe so. That's first watch. Q And you were the third watch that day? A That's correct. Q When you got to the station at three 18 o'clock there were reports that had been prepared 19 already, right? 20 A Yes. 21 Q For this case. And generally when 22 detectives at Area Five are working on cases, 23 make reports and they leave them there for other 24 detectives from other watches to look at. 177 they Isn't lJ 1 that right? 2 A Yes. 3 Q Okay. And by the way, you told us during 4 the course of your direct examination you were 5 working on another murder case at the same time, 6 weren't you? 7 A That's correct. 8 Q And you might have been working on a 9 couple other murder cases too. Isn't that right? 10 A That's correct. 11 Q How many murder cases were you working on 12 13 on September 1st of 1994? A Mainly the Carlos Olon homicide and the 14 one that I 15 double. 16 17 Q was assigned to that night, And a couple other one a that maybe occurred before September 1st or a week before? 18 CALLAHAN: 19 MR. 20 THE COURT: 21 22 which is the LYONS: Objection. Objection. I guess I ' l l let him answer. may answer that question, A You sir. On that particular day I was working on 23 the Carlos Olon case and on the double homicide 24 that was assigned to me that night, 178 that after , 1 1 afternoon. 2 HR. 3 A When I 4 Q At three o'clock. KREITER: When you got there? Q got there. The first thing you did 5 of course was to read the reports that had been 6 written by the other detectives that had primarily 7 and firstly handled the case. Isn't that right? 8 A Yes. 9 Q You wanted to familiarize yourself with 10 what had happened, correct? 11 A Yes. 12 Q And the best way to do that was to read 13 their written reports. Isn't that right? 14 A Go through them, 15 Q After you read these written reports did 16 yes. you then go over to 3920 West Cortland? 17 A No I did not. 18 Q I'm sorry. 19 A No I 20 Q On September 1st you went over there and 3820 West Cortland? did not. 21 you looked at the crime scene. 22 that during direct examination. And you told us Is that correct? 23 A Yes, 24 Q About what time did you do that on I did. 179 1 L1 2 3 4 5 September 1st? A Oh, I don't recall the time, but it was some time that evening. Q Was i t maybe seven or eight o'clock? Was it dark out or light out? 6 A I 7 Q Would you say you had spent maybe three or couldn't exactly tell you the time. 8 four hours reading through the reports before you 9 went over there, 10 11 the reports from this case before you went over there? A No. 12 double, 13 Olon case, 14 Q I was comparing the case that the with the Carlos Olon case since the Carlos the victim was an Insane Dragon. So you were thinking at Area Five 15 Headquarters that's what's you were doing at 16 Violent Crimes, 17 hours before you hit the streets that day, you were thinking three or four correct? 18 A And reading through the reports. 19 Q Getting familiar with what was going on, 20 right? 21 A That's correct. 22 Q You went over to the crime scene and you 23 24 saw Kenny Saez. A I Isn't that right? believe I called him about, 180 I went over 1 , l there. 2 Q You called him on the phone and made 3 arrangements on that saDe date, 4 went over and you 5 6 A I ;,2 t \,li th him. September 1st, you Right? believe it was the 1st or it could have been the 2nd. 7 Okay. Well, but do you recall if the 8 first time you went over to look at the crime scene 9 you saw Kenny Saez that would have been September 10 1st? 11 A Probably, 12 Q Okay. 13 yes. So i t was probably September 1st when you met with Saez, right? 14 A That's correct. 15 Q And you knew he was an eye witness to this 16 case, correct? 17 A That's correct. 18 Q And he was extremely cooperative with you 19 on September 1st, wasn't he? 20 A Yes he vias. 21 Q And he gave you some truly important 22 information pertaining to this case, 23 September 1st? 24 A It was important to me, 181 yes. didn't he, on 't'l ..J 1 Q And of course you didn't keep 2 working when your shift, 3 went home, 4 A That's correct. 5 Q And there were other detectives that came 6 after you. your watch was over. Isn't that correct? A That came in to work, 8 Q Right. A I yes. That came in to work on this case and other murder cases. 10 You didn't you? 7 9 i' ,',', Right. Isn't that right? don't believe so. 11 got assigned to the case I 12 through. I believe that once I followed it all the way \.' 13 Q Well, you had no control over what other 14 detectives who sit in the same position as you in 15 the Chicago Police Department are working on, 16 you? 17 A I don't. 18 Q Right. 19 case as well. do So other detectives worked on this Isn't that correct? 20 MR. LYONS: Objection. 21 THE COURT: Sustained. 22 MR. KREITER: Q Asked and answered. Well Officer, you didn't 23 leave one written piece of paper for anybody 24 pertaining to your conversation with Kennelly Saez 182 1 Il L_".J on September 1st of 1994 did you? 2 A No. 3 Q You didn't write one note for yourself, 4 did you? 5 A No. 6 Q Not one piece of paper? 7 A No. 8 Q Not one letter? 9 A No. 10 Q You put i t all in your mind and kept i t to 11 yourself. 12 A That's correct. 13 Q And relied entirely on your memory. 14 Isn't that correct? that correct? 15 A That's correct. 16 Q Would you please tell the Ladies and 17 Gentlemen of the Jury what street files 18 progress reports are? 19 A 20 MR. 21 THE COURT: 22 Isn't or general Not every CALLAHAN: KREITER: Objection. Sustained. Q Detectives in violent, the 23 Violent Crimes Division and Grand and Central and 24 other areas of the city are provided with something 183 I L 1. j 1 called general progress reports or street files, 2 aren't they? 3 MR. CALLAHAN: 4 THE COURT: 5 Go ahead. 6 A 7 MR. Objection. Now I'm going to let him go ahead. You may answer. Yes. 17 KREITER: Q And those are forms that are 8 used by detectives to write notes about 9 investigations such as investigations in homicide 10 cases. Isn't that correct? 11 A Some detectives do, 12 Q All the information that according to you yes. 13 this important information, 14 Kennelly Saez on September 1st by yourself of 1994 15 you kept to yourself? 16 you gleaned from Yes. 17 THE COURT: 18 HR. Sustained. KREITER: Q Asked and answered You didn't tell your partner 19 about it, 20 A I 21 Q Your partner made no notes either. 22 did you? conversed with my partner, yes. Isn't that correct? 23 A No. 24 Q And according to you you were given a 184 1 description of the offenders in this case on 2 September 1st of 1994. Isn't that correct? 3 A Yes. 4 Q As a matter of fact the first time any 5 written word was made by either yourself or your 6 partner on this case was twelve days later on 7 September 13th of 1994. 8 A Final 9 Q And the only report. 10 A That's correct. 11 Q And you had worked on other things between 12 report, Isn't that correct? A No response. 14 Q Other cases, 15 A No. 17 Isn't that correct? September 1st and September 13th, hadn't you? 13 16 yes. Officer? I was mainly working on the Carlos Olon case and the double homicide. Q And you were keeping the Carlos Olon case You weren't taking 18 in your head too, weren't you? 19 any notes on that case either, were you? 20 A No. 21 Q Kenny Saez told you on September 1st of 22 1994 that the driver of the car also had a gun, 23 didn't he? 24 MR. CALLAHAN: Objection. 185 There's no basis to 1 2 3 even ask the question, THE COURT: I Judge. Counsel knows. don't think there is either. Just hold on one second. 4 It may take a few minutes. 5 Would you read the question back for me, 6 Tina? 7 (Whereupon, 8 the Record was read) 9 10 THE COURT: 11 MR. 12 13 sustained. KREITER: May we have a side-bar, your Honor? THE COURT: Sure. 14 15 (Whereupon, the following 16 proceedings were had in a 17 side-bar out of the hearing of 18 the Jury) 19 20 MR. KREITER: He testified on his direct 21 examination that the line-up, 22 Saez had a gun. 23 in his hand. 24 HR. CALLAHAN: I'm sorry, Judge, he was told Kenny Will Negron had a gun Counsel's well aware of 186 LJ 1 what Mr. Saez testified to and he's well aware of 2 what was indicated. 3 MR. KREITER: Well 4 MR. CALLAHAN: Can I And what was testified to by the Officer 5 6 on direct he also, 7 improper question. 8 THE COURT: 9 speak? he can't prove it up. It's an The objection will be sustained. Thank you very much. 10 11 (Whereupon, the following 12 proceedings were had in open 13 Court) 14 15 HR. KREITER: Officer, when you met with Q 16 Kennelly Saez on September 1st of 1994 you saw that 17 he was in good health and there was nothing wrong 18 with him. 19 A He wasn't shot. 20 Q Right. Isn't that correct? Yes. And you told us during the course 21 of your direct examination and your 22 cross-examination how you gathered these photos and 23 you went over to Jackueline Grande's house on 24 September 5th of 1994 and presented those 187 Ll 1 photographs to her. Isn't that correct? 2 A That's correct. 3 Q You never, Officer, made any attempt to 4 present those photographs to Kennelly Saez. 5 that correct? 6 7 A I did try and never got in contact with him. 8 9 That's not correct. Isn't Q And of course you had his phone number. Right? 10 A Yes. 11 Q You knew where he lived? 12 A Yes. 13 Q Of course your attempts to contact him are 14 also undocumented. Isn't that correct? 15 A That's correct. 16 Q When you called Kenny Saez for the line-up 17 to come down and view the line-up you had no 18 problem whatsoever getting a 19 time. 2-0 A hold of him at that Isn't that correct? I believe I did have problems because I 21 tried to contact him since the early morning that 22 day. 23 24 Q Well, you also had seven days from the time you showed the photographs to Jackueline 188 1 Grande until the defendants were placed in a 2 line-up to get a hold of Kenny Saez to show him 3 those photographs, didn't you? 4 A Yes and I tried it. 5 Q Would you say you tried forty or fifty 6 times to get a hold of him? MR. 8 THE COURT: 9 MR. 10 Objection. CALLAHAN: 7 Sustained. KREITER: Well, Q you told us that this was the only case you were working on. Right? Objection. 11 MR. CALLAHAN: 12 MR. LYONS: Objection. 13 THE COURT: Sustained. 14 MR. KREITER: Q Officer, you were the 15 arresting officer for William Negron. 16 correct? Is that 17 A Yes, I was. 18 Q When you arrested William Negron he was 19 driving a 1978 Buick Regal two door. 20 correct? 21 22 23 24 A Isn't that I don't remember what he was driving, but he was driving something. Q Well, you made an arrest report. You signed an arrest report in this case, didn't you? 189 L1 1 A Yes. 2 Q Is your memory exhausted about the kind of 3 car he was driving? 4 A 5 Q 6 THE COURT: 7 MR. 8 9 10 At this time it is. number is it? t Seven I your Honor. THE COURT: MR. Ask leave of Court to approach KREITER: the witness, believe. Certainly. KREITER: Detective Guevara, Q I want 11 to show you what I've previously marked as people's 12 Exhibit Number Seven for 13 please show us what this is? 14 15 A Identification. Would you This is an arrest report that was prepared on William Negron. 16 Q And your name's on there, 17 A Yes it is. 18 Q And it indicates on that arrest report the right? 19 kind of car that William Negron was driving when he 20 \'las arrested. Isn't that correct? 21 A That's correct. 22 Q That is a 1978 Buick Regal Coupe, 23 24 that correct? A That's correct. 190 isn't Q 2 MR. LYONS: Objection. 3 THE COURT: Sustained. 4 MR. Q Well, you knew that the car that was used in this particular case was a 1985 6 four door Oldsmobile. 8 9 10 :,' KREITER: 5 7 i wasn't it, Officer? That was his car. 1 MR. CALLAHAN: You know that, Objection as to what he knows what kind of car was used, Judge. Could you rephrase that question? THE COURT: lI'lR. KREITER: Q Based upon your 11 investigation as according to you, 12 in this case, 13 case was a 1985 four door Oldsmobile. 14 correct? A I 16 Q Well, 17 the lead officer you know the kind of car used in this learned that later, 15 don't you? Is that yes. did you learn that maybe around September 10th? 18 A No. 19 Q When you went over to Jackueline Grande's 20 house she was clearly, 21 was clearly in pain, wasn't she? 22 23 24 A on September 5th of 1994 she I won't say she was clearly in pain. would say she was in pain. Q I Yes. When you showed her those photos at her 191 1 house, you kind of placed them out on the table. 2 You didn't say a word to her about the photos. 3 Correct? 4 A No I did not. 5 Q There was writing on the back of them. 6 course you were very careful, Officer, 7 shouldn't see what was the written on the back of 8 those photos. Of she Right? 9 A Definitely. 10 Q After a case is closed and cleared by 11 arrest is there any more investigation that's done 12 by the Chicago Police Department? Strike that, 13 14 I your Honor. withdraw that question. 15 In this particular case when these two 16 young men were arrested, 17 investigation, wasn't it? that was the end of this 18 A When they were arrested and charged. 19 Q No more investigation. 20 look for anything. Isn't that right? 21 A That's correct. 22 Q If 23 THE COURT: 24 MR. I Nobody out there may have one moment, KREITER: your Honor. Sure. Nothing fUrther of this witness. 192 1 . MR. CALLAHAN: Can I have a side-bar before I I U 2 3 ask a couple questions? THE COURT: Sure. 4 (Whereupon, 5 the following 6 proceedings were had in a 7 side-bar out of the hearing of 8 the jury) 9 10 11 i .. MR. CALLAHAN: Judge, I wanted to clear up something before I was to start. On, Mr. 12 Burch went on during 13 cross-examination about this Officer not having 14 personal knowledge about the Defendant Almodovar 15 being a gang member. Judge, 16 I just want to let the Court know 17 and find out the Court's position before I 18 during the booking procedure, 19 himself indicated he was a self-admitted Insane 20 Dragon. 21 don't feel 22 statement that may have occurred prior to that as 23 to what happened in this particular case. 24 Judge, I want to ask that question, ask the Defendant Judge, and I it is opening up the door for any other It's a booking question just like an 193 1 address, name, date of birth. And it was brought 2 out by Counsel, Judge. 3 to ask it if the Court were to consider it opening 4 up the door. "1, L-1 5 MR. BURCH: 6 tom. CALLAHAN: 7 MR. BURCH: If I But obviously I'm not going can respond? It was brought up by Counsel. Judge, the question was prefaced by 8 prior to this arrest did you know he was a member. 9 That's what I asked. 10 11 12 THE COURT: That's my recollection of the question. MR. CALLAHAN: 13 look back. 14 personal knowledge. 15 I ' l l ask the Court Reporter to But my question is you don't have any THE COURT: That was also asked. 16 Both those questions were asked. 17 I would, well, what's your, what are you 18 going to do when he asks that question? 19 going to object? Are you 20 MR. 21 THE COURT: What's the basis? 22 HR. It goes beyond the scope of my BURCH: BURCH: I'm going to object. 23 cross-examination. 24 arrest or anything after that. I Yes. didn't ask anything about his 194 LJ THE COURT: 1 I would overrule that. And we'll 2 have to wait and see what happens. 3 that going to open the door to allow him to say 4 whatever to get in a lot of other hearsay stuff. 5 No. 6 how the testimony goes. You kno\v, is 19 7 8 9 10 11 I don't think so. HR. GIBBONS: But I have to wait and see I would join. Is this a good time to renew my motion to strike the testimony? THE COURT: Yes it is. And I think I will strike that. HR. CALLAHAN: Judge, wait a minute. Can we be 12 heard? Counsel again in cross-examination is 13 insinuating this Officer is suggesting who these 14 people should pick out. 15 THE COURT: 16 to reverse myself. 17 MR. GIBBONS: 18 THE COURT: 19 MR. Excuse me. Excuse me. I'm going I'm going to allow it to stand. Can I make an argument briefly? Go ahead. GIBBONS: First of all, this Officer It's a 20 doesn't know my client's mother, 21 conclusion his wife is friends with my client's 22 mother. 23 THE COURT: 24 HR. CALLAHAN: his wife. Tie that up. He didn't make, 195 he said his wife 1 L.J 2 3 4 is best friends with the woman ten years. MR. KREITER: I can't stand most of my wife's best friends. MR. GIBBONS: In addition, what does it have to 5 do between the officer and my client? 6 been established here, 7 motivatiQn. 8 9 THE COURT: Nothing's which goes to this Officer's Excuse me. I'm going to allow it to stand. 10 Thank you. 11 12 (Whereupon, the following 13 proceedings were had in open 14 Court) 15 16 THE COURT: Re-direct? 17 18 RE-DIRECT EXAMINATION 19 BY 20 HR. CALLAHAN 21 22 23 24 Q Thank you, Judge. Detective Guevara, I have a few questions. you indicated during this first week period of September of 1994 you 196 1 were primarily working on two homicide 2 investigations. Is that correct? 3 A That's correct. 4 Q Was a function of them in your expertise 5 being somewhat related? 6 A Yes. 7 Q Detective, you indicated you did share 8 information during this investigation with your 9 partner. Correct? 10 A Yes. 11 Q As to questions you were being asked on 12 cross-examination, 13 are you, you were not a Court Reporter, Detective? 14 A No I'm not. 15 Q Are your police reports, your 16 supplementary reports summarize Detective, 17 you recall what in fact took place in the general 18 nature of your investigation and how it came to a 19 conclusion? 20 A That's correct. 21 Q Detective, you were, to help during the course of 22 your investigation, isn't it true you learned the 23 description of the two offenders in this case 24 primarily? 197 I 1 A That's correct. 2 Q After the two offenders were currently I . - .J 3 charged and on trial in this case, were arrested 4 and identified by the two surviving witnesses did 5 you as a result of continued violence have to move 6 on to other murders? 7 A That's correct. 8 Q To investigate? 9 A That's correct. 10 Q You didn't have any fUrther leads to even 11 investigate on this case. 12 A No I did not. 13 Q Now Detective, Did you, Detective? you indicated that you were 14 questioned by Mr. Burch that you obtained three 15 photographs from an Officer some time around the 16 4th of September of 1994. Correct? 17 A That's correct. 18 Q And you had discussed this particular case 19 with that Officer and the individuals who you 20 believed to have been involved prior to getting 21 that. 22 A That's correct. 23 Q Okay. 24 Is that correct? Now just so the jury knows, when you're speaking of double and when you say the term 198 1 double, that was one of the cases you were working 2 on, what do you mean? I 1 L ..J 3 4 5 6 A double homicide is where two people get. killed. Q So an abbreviation or a term that you use for a double homicide is just a double? 7 A Correct. 8 Q Detective, Counsel Mr. 9 . A Burch asked you relative to the Defendant Almodovar if you had any 10 personal knowledge of the Defendant in any gang 11 affiliation, correct? 12 A That's correct. 13 Q Now you yourself did the booking procedure ) 14 for Roberto Almodovar after he was charged. 15 Correct? 16 A The arrest slip, 17 Q You asked him if he was affiliated during yes. 18 that time, during this booking proceeding taking 19 general information whether he was involved in any 20 gangs? 21 MR. BURCH: 22 THE COURT: 23 A 24 HR. Object to foundation. I will overrule the objection. Yes. CALLAHAN: Q What did he tell you at 199 1 L. l .J that time during the booking proceedings? 2 A He was a member of the Insane Dragons. 3 Q If I could have one moment, Judge. No other questions. 4 5 MR. BURCH: 6 THE COURT: Re-cross. 7 MR. Q BURCH: Sir -- Sir, on re-cross you indicated 8 like a Court Reporter, 9 didn't take down notes or permanently memorialtze 10 what was being said. is that correct, that you Is that correct? 20 11 A That's correct. 12 Q So as you talked to the two witnesses in 13 this case you didn't have any note pad with you, 14 did you? 15 A No. 16 Q Didn't take any notes? 17 A No. 18 Q So when you wrote this report of September 19 13th, that was the day you wrote the report. 20 that correct? 21 A 22 and made, 23 Q 24 Is That was the day the report was submitted Everything you put in there was from your personal recollection. Is that correct? 200 t "l. 1 A That's correct. 2 Q You had no personal recollection recorded 3 in that report of the conversation you said you had 4 with Mr. 5 correct? Saez on September 1st of 1994. Is that 6 A No. I don't believe so. 7 Q You had no personal recollection of the 8 telephone conversation you had with Ms. Grande 9 prior to going to her house on September 5th in 10 that report. Is that correct? 11 A No. I don't think so. 12 Q And you did include all of the important 13 elements that had taken place in that report. 14 that correct? 15 A Basically. 16 Q I 17 MR. KREITER: 18 THE COURT: 19 MR. 20 THE COURT: 21 22 23 Is have no further questions. Nothing further, your Honor. Thank you. CALLAHAN: Nothing else, Judge. Thank you. No. You may step down. Ladies and Gentlemen, we'll take about a five or ten minute recess. You may retire. 24 201 Recess. 1 Lj (Whereupon, the following 2 proceedings were had after the 3 jury retired to the jury room) 4 5 THE COURT: What do you have left? 6 MR. At this point we're prepared to 7 LYONS: make our, we have no fUrther witnesses. 8 THE COURT: Offer your exhibits and rest? 9 MR. Yes. 10 11 LYONS: THE COURT: Don't anybody move. 12 Any objection to any of those exhibits, 13 gentlemen, 14 have this right, 15 16 17 That's an excellent time to stop. MR. that those being One through I think I Twenty Nine? CALLAHAN: And this is for admitted into evidence but not necessarily going back? THE COURT: 18 and Mr. 19 and back to the 20 Kreiter, The way Mr. Gibbons and Mr. Burch two separate questions in evidence jury. Back to the jury is a separate question 21 and we'll deal with that at the appropriate time. 22 Right now I'm only talking about in evidence. 23 24 Any objection, Mr. MR. BURCH: Burch? Your Honor, we would object to 202 '"l Lj 1 Twenty Six, which would be the file that was 2 allegedly found in the home. 3 THE COURT: 4 5 Folder with police reports. Go ahead. I assume you're joining in that? 6 MR. 7 THE COURT: What's the basis for that? 8 MR. It's totally irrelevant. 9 GIBBONS: BURCH: Yes. We think i t ' s highly prejudicial and outweighs any probative It was not tied to my client, the fact this 10 value. 11 was found in some unknown person's -- the only 12 nexus is the fact of gang membership. 13 THE COURT: 14 MR. What do you want to say? CALLAHAN: Judge, we suggest or we believe 15 it is admissible in evidence as identified by the 16 Officer. 17 going back. I don't have a problem in terms of it 18 THE COURT: 19 MR. 20 THE COURT: It's not going back. CALLAHAN: I'm not suggesting it will. Most respectfully, I'm going to There's been testimony. 21 admit it into evidence. 22 allowed the testimony and if I'm wrong, 23 But I want to be uniform. 24 Let's put it that way. In light of the fact that I 203 I'm wrong. allowed the I LJ 1 testimony I'm going to allow that exhibit to go 2 into evidence. 3 will not go back to the jury. And if they ask, 4 will not go back to the jury. So that's that. can tell you right now it it Any other objection to any of the other 5 6 But I exhibits? 7 MR. GIBBONS: 8 THE COURT: Those, 9 No. Very good. then People's One through Twenty And assuming that 10 Nine inclusive will be admitted. 11 the State has now rested offered them and has now 12 rested in front of the 13 MR. GIBBONS: 14 MR. BURCH: 15 THE COURT: 16 MR. GIBBONS: 17 MR. BURCH: 18 THE COURT: 19 Motion for directed finding. Join also in the motions. Arguments? viTaive argument. Waive argument. Most respectfully, that will be And you're ready to go, whoever is going to first? 22 MR. GIBBONS: 23 THE COURT: 24 any motions? denied. 20 21 jury, Ready. Oh, yeah. minutes. 204 Take about five or ten Let's start again about five 1 'till. "l L_.J 2 (Whereupon, 3 the following 4 proceedings were had after the 5 matter was passed) 6 7 THE COURT: MR. Judge, CALLAHAN: Thank you, folks. State? Please be seated. 8 9 Bring them out. at this time the People 10 would ask to have People's Exhibits marked One 11 through Twenty Nine for 12 identification marks stricken and have those 13 Exhibits entered into evidence. 14 THE COURT: Identification, have the Those Exhibits will be in fact 15 admitted into evidence as People's One through 16 Twenty Nine. 17 18 MR. With that, CALLAHAN: State of Illinois rest their case in chief. 19 THE COURT: Hr. 20 MR. Yes, 21 22 23 the People of the Counsel. MR. BURCH: Burch? Your Honor. I will defer to He will call our first witness. GIBBONS: We'll call Juan Velez, your Honor. 1 24 THE COURT: Please remain standing. 205 Raise your 1 · l L.J right hand. 2 3 JUAN VELEZ, 4 a witness called on behalf of the Defense, was duly 5 sworn, examined and testified as follows: 6 7 DIRECT EXAMINATION 8 BY 9 M.R. GIBBONS 10 11 THE COURT: 12 Have a seat. Give me one second, Mr. 13 MR. 14 THE COURT: 15 MR. 16 GIBBONS: Okay. Sir, 17 front of you. 18 of lean forward, 19 SUre. GIBBONS: Q Gibbons. Go ahead. Thank you, Judge. there's a microphone right in If you'll sit up straight and kind it will be easier to hear you. Can you please tell us your name? 20 A Juan Velez. 21 Q How old are you? 22 A 27 years old. 23 Q l' . What do you do for a .l-l.Vl.ng, 24 A Deputy sheriff. 206 sir? "l L_J 1 Q Cook County Deputy Sheriff? 2 A Cook County Deputy Sheriff. 3 Q HoVl long have you been doing that? 4 A Four years. 5 Q Did you undergo any kind of training in 6 order to become a Cook County Deputy Sheriff? 7 A Eleven weeks of training. 8 Q Sir, 9 10 can you tell us if you live in the vicinity of Harding and Cortland Avenues in the city of Chicago? 11 A Yes I 12 Q What street do you live on? 13 A Harding. 14 Q What side of the street on Harding do you 15 live? 16 A On the west side. 17 Q How for 18 A Two houses. 19 Q Sir, 20 September 1, 21 morning. 22 23 24 A do. in from the corner is your horne? I'd like to direct your attention to 1994 at approximately 12:45 in the At that time where were you? I was in my car heading eastbound. going towards my garage. Q Where had you been corning from? 207 1 A A restaurant. 2 Q You were still living on Harding at that 3 time? 4 A Yes, 5 Q While you were in your car going eastbound 1 L .J I was. 6 towards your home did something unusual catch your 7 eye? 8 9 Yes it did. A As I was going stopped on Harding at the stop sign on Harding and 10 Cortland. 11 alley. 12 com i n g 13 intersection and started following me. 14 Q Then I proceeded eastbound towards the As I was going eastbound the car that was \,1 est b 0 un d mad e a " U " t urn in the When the car turned around and started 15 following you, 16 it? did you begin to pay attention to 17 A Yes, 18 Q How did you do that? 19 A I watched it very carefully through my 20 21 22 I I did. rear view mirror. Q When you looked through your rear view mirror how far was the car behind? 23 A Car length. 24 Q Could you see the occupants of the car at 1 that time? 2 A No I 3 Q And did you turn into your alley behind 4 couldn't. Harding? 5 A Yes, 6 Q And when you did that did you go to your 7 I did. garage? 8 Q 9 10 tiL:: You indicated that was two houses in from mouth of the alley? 11 A Yes it is. 12 Q When you got to your garage where was this A It stopped in the beginning of the alley, 13 14 15 16 17 car? the mouth of the alley. Q When you say it stopped did it drive into the mouth of the alley? 18 A Yes it did. 19 Q And at that time where were you? 20 A I was inside my car. I proceeded to angle 21 my car to where when I 22 that was following me would be on the other side of 23 the car. 24 Q got out of the car, Did you get out of the car? 209 the car ... '1 L.J 1 A Yes, I did. 2 Q At that time did you have occasion to be 3 looking at the car which was in the mouth of the 4 alley? 5 A Yes, 6 Q Were you looking at the front of the car 7 I did. at that time? 8 A Ye s 9 Q Were you able to see as you stood there in 10 11 I v:ras. the alley the occupants inside? I A just can see heads. They were kind of 12 like duc::ing down and there was a 13 there. 14 and what not and I I co'uple heads in immediately looked for the license plates could not see any. Was this a dark blue four door Oldsmobile 15 Q 16 Delta 17 A Yes i t was. 18 Q Could you see through the windshield and '88? 19 get any kind of accurate identification of the 20 driver or passenger of this car? 21 A No I could not. 22 Q Why is that? 23 A Because i t was dark. 24 Q Were the windshields tinted in any 210 1 fashion? \1.:· 2 A Yes they were. 3 Q And at that time sir, what did you do? 4 A I but the car stood 5 there for about five seconds and then it reversed 6 westbound on Cortland. 7 8 9 10 11 2 stared at the car, Q After the car reversed westbound on Cortland did you hear anything? A I immediately started opening my garage door then I Q heard shots. And was it a matter of seconds from the 12 time you started to open up your car door until you 13 heard shots? 14 A Car door or garage door? 15 Q Garage door. 16 A About five to ten seconds. 17 Q After you heard these shots, 18 happened? 19 A Well, I I'm sorry? immediately let the garage door 20 down and fled to my car, 21 around the block. 22 saw that there was no one in sight. 23 24 what got in my car and went When I came around the block I Now before I got into my car I noticed that the car that had just gone westbound came back 211 1 1 down eastbound. 2 Q Were you able to locate this car again? 3 A No I wasn't. 4 Q Now sir, you indicated that you had driven 5 down Cortland prior to the time that you entered 6 into the mouth of your alley. Is that correct? 7 A Correct. 8 Q Where are the streetlights located on 9 Cortland? 10 11 A There is one on the southwest corner and there'S another one at the mouth of the alley. 12 Q Is there any on the east side of Cortland? 13 A No there is not. 14 Q Sir, I'd show you at this time what's been 15 marked as People's Exhibit Number Six for 16 Identification and ask you if that photograph shows 17 mouth of the alley that you drove into? 18 A Yes it does. 19 Q And does it also show the location here, 20 the automobile that you saw pulled into the alley 21 behind you? 22 A Just a little further in. 23 Q Little bit further 24 is marked on the picture? 212 in from where the "x" "J:' L' ' 1 A Correct. 2 Q Sir, 3 tinted. you indicated that the windows were .I Is that right? 4 A The side windows. 5 Q When you say the side windows, 6 7 8 specifically which side are you referring to? A The only side I was able to actually see was the driver's side. 9 Q And those windows were tinted? 10 A It appears, Q Sir, when you saw the car you said you yes. 12 couldn't see the occupants because the windows were 13 tinted. 14 you were looking at the car? Obviously the window was up at the time 15 A That is correct. 16 Q Now on Cortland at 3918, an apartment building. 17 18 A That is correct. 19 Q Are you familiar with a 20 3920 Cortland Is that right? light that is above the doorway at that address? 21 A There is a 22 Q And the light is above the door. 23 24 light, right? A That's correct. 213 yes. Is that L-' ... ...1 1 Q And is that one light bulb? 2 A I 3 Q That bulb has a glass shade or covering 4 over it. can't recollect if there was only one. Is that right? 5 A Honestly I 6 Q Do you recollect the color of that light? 7 A It was like an amber color, 8 9 like a yellow amber color. Q Just give me a minute, Judge. Nothing further. 10 11 THE COURT: 12 MR. 13 can't recollect that. State? CALLAHAN: Just a couple questions, Judge thank you. 14 15 CROSS EXAMINATION 16 BY 17 MR. CALLAHAN 18 19 Q Mr. Velez, you indicated that you pulled 20 into this alleyway. 21 adjoining the building that you live in? And is that abutting or 22 A No i t ' s not. 23 Q How far down the alley did you pull about? 24 A Two garages down from the corner. 214 : 1 2 Q vehicle that was following you pull? 3 4 And how far into the alley did this A Right to the first garage, right before the first garage. 5 Q So you were a garage and a half away or 7 A That's correct. 8 Q About how far would you have been from 9 that car? 6 so? 10 A 11 courtroom. 12 Q So that's a pretty good distance, 13 A Yes. 14 Q And you weren't able to see who was inside 15 the car, About from here to the back of the sir? correct? 16 A No I was not. 17 Q You did say though that originally that 18 car was going on Cortland, 19 A That's correct. 20 Q And then i t did a "U" 21 east on Cortland, turn and came back right? 22 A That's correct. 23 Q And each of those times 24 right? by that building at 3920, right? 215 it would have gone . "l "l . -.l 1 A That's correct. 2 Q Now you said the vehicle had no license 3 plates on it? 4 A That is correct. 5 Q I believe your testimony was that from the 6 position you were at you were looking on an angle 7 towards the driver's side windows? 8 A Correct. 9 Q And from the point where you were standing 10 it appeared to you that the windows were tinted? 11 Z\ That is correct. 12 Q You couldn't see who was inside the car, 13 14 15 16 correct? A No. I could just see heads moving around. That's it. Q You said they appeared to be slouching or 3 17 acting like that? 18 A Slouching inside. 19 Q And then you say that the car began 20 backing up in a 21 on Cortland, reverse, in a reverse and goes west right? 22 A Correct. 23 Q Obviously you lost sight of i t at some 24 point? 216 1 A As soon as it turned the corner. 2 Q Then you then started walking towards your 3 garage? 4 A Correct. 5 Q How far 6 from your garage were you when you started walking towards your garage? was on the other side of the car. 7 A I 8 Q You walked around the car? 9 A Around the rear of the car to the garage 10 11 12 and started opening it when I Q heard the shots. When you went to start walking around your car you were walking, right? 13 A Yes. 14 Q Did you have to unlock the door of the 15 garage? 16 A Yes, 17 Q Did you have to use a key? 18 A Yes, 19 Q Put the key in the lock and unlocked it? 20 A Right. 21 Q Did you have your keys in your hands or 22 I I did. did. pants? 23 A I had them in my hands. 24 Q You opened the garage and at some point 217 -, I L-I 1 while raising the garage door you heard gunshots? 2 A I 3 Q Do you recall how many gunshots you heard? 4 A They were consecutive. 5 five, 7 There 'l"vas about six. Q 6 didn't even raise it past my knees. Now you didn't see the actual shooting. Correct? 8 A No I did not. 9 Q If I could have a moment please, Judge. 10 Just, 11 you say the car was going eastbound then on 12 Cortland. 13 A Correct. 14 Q And you got in your car and began to 15 pursue it? 16 A after you heard the shooting at some point Correct? No I did not. I went around the corner. 17 I stopped on the corner of Harding and Cortland. 18 looked around. 19 saw a Chicago Police car going down Pulaski and I 20 pulled him over and came back to the scene. I There was nobody out there and I 21 Q You told them what had occurred? 22 A Yes. 23 Q And when you went around the block and you 24 came back on Cortland you say no one was around 218 . Could you see that car anymore down 1 then . 2 Cortland? 3 A No I 4 Q It was gone? 5 A It was gone. 6 Q I 7 HR. 8 HR. GIBBONS: 9 THE COURT: have no other questions, BURCH: I Judge. have no Nothing further. Thank very much, Mr. Velez. Call your next. 10 11 HR. 12 THE COURT: 13 could not. BURCH: One moment, your Honor. Please remain standing, Ma'am. Raise your right hand. 14 RODRIGUEZ, 15 16 a witness called on behalf of the Defense, was duly 17 sworn, examined and testified as follows: 18 19 DIRECT EXAMINATION 20 BY 21 MR. BURCH 22 23 THE COURT: Have a 24 MR. Q BURCH: seat please, Ma'am. Could you please state your name 219 .., Lj 1 and spell your last name? R-o-d-r-i-g-u-e-z-. 2 A Mary Rodriguez. 3 Q And how old are you Ms. 4 A No response. 5 Q Your age? 6 A 35. 7 Q And calling your attention to August 31st 8 Where were you living? of 1994. 9 A Northwest side. 10 Q Okay. 11 Rodriguez? And could you be more specific? What hundred block were you living at? 12 A 1700. 13 Q Of what street? 14 A Springfield. 15 Q Now who were you living there with? 16 A My husband, 17 my nephew, 18 brother. \ my son, my mom, his girlfriend and the baby and my 19 Q When you say your nephew? 20 A Roberto Almodovar. 21 Q Take a 22 Mr. look around the Court. Almodovar seated 23 A 24 HR. her boyfriend, Yes I do. CALLAHAN: Do you see in the courtroom? He's right there. If I could just, 220 I didn't hear 1 LJ 2 all the people living there? A Tina, can you read that back please? 3 (Whereupon, 4 the Record was read) 5 6 HR. BURCH: Q Could you tell the Ladies and 7 Gentlemen of the Jury how long had your nephew 8 Roberto been living there? 9 10 A He moved in with me a week before the baby got out of the hospital. 11 Q Could you tell us when that was? 12 A I vvould say May. 13 Q Hay of what year? 14 A May of 15 Q And you said when the baby got out of the 16 ' 94. hospital did he move in with the baby? 17 A 18 Q 19 A Sassy and Roberto Almodovar. 20 Q Nho's baby \·,a s 21 Yes. baby? it that he moved in with? vvas it his baby? 22 A It was his baby. 23 Q Now where was he living inside of the 24 apartment? Did he have a Yes. room? 221 1 A Yes. What I did is I have my dining room. 2 I 3 converted it into a bedroom because they're going 4 to stay there temporarily. converted it and took everything out and 5 6 Q Could you tell the Ladies and Gentlemen of the Jury why he moved in with you? The reason was -- 7 A 8 MR. LYONS: 9 MR. CALLAHAN: 4 Object to relevance. Objection. 10 THE COURT: Sustained. 11 MR. Q 12 BURCH: and the baby, Now when he moved in with you Sassy, was that his girlfriend? 13 A Yes. 14 Q Now calling your attention to August 31st 15 of 1994 was Roberto working? 16 A Yes. 17 Q And where was he working? 18 A Farley Foods U.S.A. 19 Q Do you all work there? 20 A Yes I do. 21 Q Were you instrumental in getting him a 23 A I 24 Q Did you help him get a 22 job? beg your pardon? 222 job? 1 A Yes. 2 Q What were your hours of employment? 3 A Six in the morning to six in the evening, 4 five days a week. And from six to Object to relevance. 5 1'1R. LYONS: 6 M.R. CALLAHAN: 7 THE COURT: Overruled. 8 IvlR. Q 9 A Yes, 10 Q What hours did he work on Saturday? 11 A He worked from six to 12 afternoon. BURCH: Objection. Did he work on Saturday? he did. 2:30 in the Calling your attention to August 31st of 13 14 1994. Do you know if he was attending school? 15 A Yes. 16 Q What school was he attending? 17 A Wright College. 18 Q Now calling your attention to that day, 19 August 31st of 1994 specifically that day were you 20 at home that day? 21 A No. I had taken the day off work. 22 was supposed to start school on the 27th but 23 because I 24 pay i t until the 31st of August. did not have tuition money, 223 So I My son I took that 1 day off so I 2 tuition and buy his uniform and supplies to get him 3 ready to start school September 1st. 4 5 Okay. I A 7 afternoon. 9 And what time did you arrive horne on August 31st of 1994? 6 8 \ Q can go to the school and pay the Q arrived around 4 o'clock in the And did there corne a time when you saw your nephew, Roberto? 10 A Yes. 11 Q What time did you see him? 12 A I 13 Q What time did you see him? 14 A I seen him when he got horne from school. . 15 16 17 seen him between I would say 10:45, eleven o'clock. Q When you first saw him where did you see him at? 18 A No response. 19 Q Where was he when you first 20 A When he walked in the door. 21 Q 22 A Sitting in the living room. 23 Q Did you have a conversation with him? 24 A Yes. saw him? were you? He walked in. 224 He says where's 1 Sassy. 2 HR. CALLAHAN: 3 THE COURT: 4 MR. 5 objection to any conversation. Go ahead. The answer is yes. Q BURCH: Arter your conversation with him, what if anything happened next? 6 A We 7 Q Did there come a time that anything else 8 just sat down in the living room. happened while you sat down in the living room? 9 A Sassy arrived home. 10 Q Do you know approximately what time she 11 arrived home? A 12 13 I would say about 11:15, 11:30 she arrived home. When she arrived home what if anything 14 Q 15 happened? 16 A Well, she went straight into the bedroom, 17 locked the door. 18 started talking. 19 20 11:15, Q He went behind her and they What happened? Did anything happen after they finished talking? 21 A 22 time I 23 to bed. 24 I They started getting real loud. At that had gone into my bedroom to get ready to go And they started arguing really loud. had told them be quiet you know, 225 because I So have 1 to work tomorrow and Joey has to start school 2 tomorrow and I went back to my bedroom. 'l L:.-J 3 Q What happened after that? 4 A They continued on and then my mom came up 5 and told them that if they 6 MR. LYONS: Objection. 7 THE COURT: Sustained. 8 MR. Q 9 said, BURCH: upstairs? 11 A 13 14 Did she come just tell us what happened. 10 12 without telling us what anyone Yeah. She came upstairs told them be quiet. Q Not what he told them. conversation with them. She had a Is that correct? 15 A Right. 16 Q What happened after that? 17 A Well, 18 they tapered down. into the living room. 19 Q Okay? 20 A Then about, 21 rrhey came out my mom said, I'm not sure what time. she called -- 22 HR. LYONS: Objection. 23 THE COURT: Sustained. 24 HR. Q BURCH: Did anyone else arrive at 226 Her, 1 house? 2 A Yes. 3 Q Who arrived? 4 A Sassy's sister and her husband and 5 supposedly that was to calm down. 6 MR. 7 A 8 MR. 9 10 11 LYONS: Objection. Robert, Jr .. CALLAHAN: witness, Judge, THE COURT: Objection. Can you admonish the please. Just try and answer. You cannot say what somebody else said. 12 A Okay. 13 THE COURT: 14 A 15 MR. Do the best you can. Okay. BURCH: Q Would you just tell us what 16 happened? 17 A Okay. 18 Q After they came in what happened next? 19 A They discussed, 5 20 21 22 Sergio came in with Amaris. they were in the living room discussing and then after that Q Did there come a time that they left? Did they ever leave? 23 A They never left. 24 Q I'm talking about the people who came in, 227 1 Sassy's sister? "1 2 A Right. They had come in. They left and 3 then they came back. 4 because it was getting to the point where you know, 5 I And then they left again told them it was getting too late. 6 MR. LYONS: Objection. 7 THE COURT: Sustained. 8 ]\iRe Q 9 BURCH: Do you know what time you went to bed that evening? 10 A What time we went to bed? 11 Q Yes? 12 A 1:30 in the morning. 13 Q Did you ever see Roberto leave out of the 14 house that evening once he arrived at about 10 15 o'clock? He did not leave the house. 16 A No. 17 Q I 18 THE COURT: Cross. 19 MR. Thank you, have no further questions. LYONS: 20 21 CROSS EXAMINATION 22 BY 23 MR. LYONS 24 228 your Honor. 1 2 Q Ms. Rodriguez, your relationship to the Is that right? Defendant is you're his aunt. 3 A Yes. 4 Q And you know your nephew is here charged 5 with murder today and with a double murder today. 6 You're aware of that, right? 7 A Yes. 8 Q You want to help him, 9 A I 10 11 12 13 14 15 16 17 18 19 20 want to help him. don't you? I'm here to tell the truth what happened that night. Q You want to come to Court and do anything you can to help the Defendant? A I would not do anything for him if that's what you're saying. Q Well, you would like to do anything you could to help him, A wouldn't you? I'm here on his behalf because he was with me that night. Q So is the answer to my question no or is the answer to my question yes? 21 A What is your question? 22 Q You would like to do anything you can to 23 24 help your nephew? A Yes. 229 . "1 1 2 Q Now how long had he been living with you in August 31st of 94? 3 A He had moved in in May. 4 Q Now on this particular day did you say you 5 went to work that morning? I did not go in. 6 A Absolutely not. 7 Q Did you go to school that day? 8 A No, 9 10 11 12 13 I Maternity BVM MR. I did not. went to my son's school, (understood). Q LYONS: What time did you go to your son's school? A I'm not sure. I would say something like between eleven and one o'clock in the afternoon. 14 Q And what time had you got up that morning? 15 A What time did who get up? 16 Q What dime did you get up that morning? 17 A 7 o'clock. 18 Q Is that the time you get up every day? 19 A No. 20 I normally, at that time I used to get up at five o'clock in the morning. 21 Q On the days you have to work you get up at 22 five? 23 A Yes. 24 Q Were you supposed to work the following 230 1 day, September 1, 1994? 2 A Yes. 3 Q And you also have to take care of 4 children. 5 A I 6 Q Well, Is that right? have my son, yes. and there's also other children that 7 stay in the apartment in the residence that you 8 help take care of sometimes too, 9 A 10 baby. Q 11 12 No. Well, right? Sassy normally does that. is this residence, That's her is this a house or an apartment? 13 A It's a house. 14 Q How many bedrooms are in the house? 15 A I 16 there's bedrooms. Q 17 18 And the bedroom that your nephew was staying in you had converted? 19 20 have three and then the basement, A The dining room into a bedroom because you can do that. Q Now did the dining room have any doors on 23 A Yes i t did. 24 Q Was it open from any end? 21 22 it? 231 A 1 Well, it was closed. It had those I 2 bi-folders. 3 then he had a Q 4 5 A the door that followed from the that's the door? The bed was leaning right against that door so you cannot open it. Q 8 9 Well, regular door on the side. dining room to the living room, 6 7 It's closed from the living room and It's not a solid secure door. those folding doors, It's one of right? 10 A Yes. 11 Q Now what time was it that you first saw 12 the Defendant, your nephew, A 13 14 I would, between, come home that night? i t was 10:45, eleven o'clock more or less. 15 Q 16 that? 17 A In school. 18 Q You weren't with him prior to that? 19 A I 20 Q You were not with him prior to that, were 22 A No I was not. 23 Q Everything you're, 24 in school, 21 You had no idea where he was prior to beg your pardon. you? I mean the fact he is that's relying on where he's telling yoU 232 1 he went, right? Right? 2 A Yes. 3 Q So he could have been out doing anything 6 4 at that time, 5 MR. BURCH: 6 been doing. right? I'd object to what he could have 7 THE COURT: Sustained. 8 MR. Q 9 LYONS: Now his girlfriend Sassy was home when he arrived? 10 A No. 11 Q What time did Sassy arrive? 12 A I would say between eleven o'clock, 11:15; 13 14 15 not too much longer after he arrived. Q And it was almost immediately when they went into the bedroom together? 16 A Yes. 17 Q And that's actually the dining room that 18 was converted? 19 A Yes. 20 Q And then they closed the doors? 21 A Yes. 22 Q It was some time later on people arrived 23 24 and those people left? A Yes. 233 1 2 Q When the other people arrived did they go into the dining room as well? 3 A They went into the bedroom also. 4 Q The dining room converted into a bedroom? 5 A Yes. 6 Q And during that time you weren't in the 7 dining room, were you? 8 A I was in the living room. 9 Q You were not in the dining room, were you? 10 A No I 11 Q And in fact you don't, was not. you didn't go into 12 the dining room that evening while they were in 13 there talking, 14 A 15 loud. No, did you? but I can hear them. They're pretty 16 Q Did you go into the dining room? 17 A No I 18 Q Were the doors closed to the dining room? 19 A Only the one from the living room, 20 did not. the one from the bedroom was open. 21 Q And what room were you in? 22 A I 23 Q You were in the living room initially, 24 beg your pardon? right? 234 1 A Yes. 2 Q And then at some point you went upstairs? 3 A upstairs? 4 Q Did you go to your bedroom? 5 A My bedroom's not upstairs. 6 Q Did you go to your bedroom? 7 A Yes I 8 9 10 11 12 to the living room. Q How long, what time was it when the other people arrived? A I'm really not sure the time they arrived really. Q How long did they stay? 14 A They stood until I 15 Q Do you remember what time you asked them 16 to leave? 17 A 19 20 , went to my bedroom and I went back 13 18 \1 What do you mean by upstairs? I told them to leave. asked them to all leave at 1:30 in the morning. Q You were not in the dining room in that period of time? 21 A 22 time. They're only in the bedroom a very short 23 Q Ma'am? 24 A No I was not. 235 1 Q Was Sassy and your nephew in the bedroom "1 2 the entire time? 3 AYe's. 4 Q 5 come outof l the bedroom? 6 A 7 Q 8 Yes, to the living room. how you get to Court here today? 9 A 10 Q 11 did you see Sassy and your. nephew 'Row did I get here? ·My husband drove me. .And had you discussed your testimony with any family'members? 12 A No. 13 Q Have you discussed your testimony with 14 your nephew's Attorney? 15 A No. 16 Q Have you discus-sed your testimony wi th 17 your nephew'? 18 A No. 19 Q You're telling this jury you have neVer 20 told your nephew's 21 testify to today? what you're going to 22 A No. 23 Q When is the first time anyone asked you to 24 recall what took place on August .236 :...1. ' 1994? I. I J 1 A 2 Q was the one? When is the first time anyone asked you? 3 Is today the first time you told anyone what 4 happened? 5 A No. 6 Q Have you told 7 THE COURT: 8 A 9 sat dovln, family members, we sat down and we talked 10 about it. But we talked about where Junior was at 11 that night. 12 13 Q No. I've Go ahead. Let her finish. have, I No. at the time it happened, yes. I What other family members were present when you talked? 14 A My husband and my son and that's it. 15 Q Your son, would that be Jose Rodriguez? 16 A Yes. 17 Q Your husband would be Jose Rodriguez, Jr. 18 and Senior? 19 A Yes, 20 Q And you all discussed what you were going 21 22 Junior and Senior. to say vlh ere your nephew was? A No. Absolutely not. 23 happened that night. 24 that night. l'J e said what We recalled what happened What happened was they told me the 237 1 2 3 4 5 6 night of the murder. Q Today is the first time your nephew's lawyer asked you the questions? A He did ask me questions but not to the pOints where you know -Q Ma'am, when you previously told the jury 7 you never discussed your testimony with your 8 nephew's lawyer, you were mistaken or were you 9 lying? 10 A 11 question. 12 Q No. I was mistaken on, under your I didn't know what you meant. Well, what did you think I meant when I 13 asked you had you ever discussed your testimony 14 with your nephew·s lawyer? 15 A I thought, I thought what I was going to 16 come up here and sit down and say to the jury. 17 That's what I thought you said. 18 happened that night. We discussed what Those were the questions. 19 Q So you have discussed -- 20 A What happened that night. 21 Q Ma'am, so you have discussed your 22 testimony with your lawyer? 23 A Yes. 24 Q With your nephew's lawyer?· 238 1 A Yes. 2 Q You have discussed your testimony with 3 your husband? 4 A Yes. 5 Q And you have discussed your testimony with 6 your son? 7 A Yes. 8 Q And you have discussed your testimony with 9 your nephew? 10 A No. 11 Q Have you ever been, have you talked to 12 your nephew at all since he's been charged with 13 this crime? 14 A Yes. 15 Q And how many times have you spoke with 16 17 your nephew? A Not that many times. My phone was 18 disconnected so he had no way of getting in touch 19 with me. 20 Q Well, when you talked with him did he ever 21 discuss the night that he had this discussion with 22 Sassy at the house? 23 24 A No. We didn't talk about that. about how his daughter's doing, 239 He talked things like that. L L' ....J Q 1 2 saw him on that night? A 3 4 So the topic never came up about when you Him questioning me when I saw him that night? 5 Q Yes? 6 A No. 7 Q Now you say you came to court here today 8 with your husband. Was anybody else in the car? 9 A My son. 10 Q Jose, Jr.? 11 A Jose, Jr .. 12 Q And on the way down the three of you 13 discussed what your testimony was going to be 14 today. Right? 15 A No, 16 Q When you say not to that point, 17 A 19 and 20 just -- 22 not to that point, no. did you talk about the events? 18 21 no, We talked about how I just to become, Q had to testify today just that I was nervous and And you talked about what happened on August 31st? 23 A On August 31st, 24 Q Ma'am, yes. when did you first 240 learn that your 1 son, your nephew had been charged with a double 2 homicide? 3 A 4 days, That would be September lOth I no, think, two because they took him on September lOth. 5 Q September 10, 1994? 6 A Yes. 7 Q When is the first time you went to the 8 police station and told them that it couldn't be 9 your son? 10 11 !'1R. BURCH: THE COURT: 13 the objection. What I 14 16 I would object. It goes beyond direct examination. 12 15 Your Honor, question, HR. Excuse me. I'm going to sustain want you to do is rephrase your please. LYONS: Q Ma'am, did you ever tell the 17 police that your son couldn't have done this double 18 murder? 19 r-1R. 20 THE COURT: 21 A 22 MR. BURCH: Objection. I don't think you mean the son? Nephew. LYONS: I'm sorry. Q Your nephew could 23 not have done this double murder because he was at 24 your home that night? 241 L'l . ...J 1 2 MR. Object to the form of the question BURCH: did you ever. 3 THE COURT: Overruled. 4 HR. Q 5 A LYONS: Have I 6 station but I 7 them there was You may answer. ever? did not go to the police I was on the phone with them and I LYONS: Ivla 'am? 8 HR. 9 A Yes. 10 Q INho did you talk to? 11 A A sergeant. 12 Q Did you ever come to the State's Q told told them he did not do it. I I don't know who. 13 Attorney's Office to this building and ask to meet 14 with Assistant State's Attorney Jack Callaghan, 15 man in charge of this case to tell him that your 16 son, your nephew was at home on the night of this 17 d.ouble murder? 18 HR. 19 THE COURT: 20 A 21 MR. Object to relevance. BURCH: No I the Overruled. You may answer. did not. LYONS: Q Did you ever go to the police 22 station when you learned that your nephew had been 23 arrested for this and talk to him about it? 24 A No. I just called. 242 1 Q You never went to the police station? 2 A I 3 4 5 No I never went to the police station. did not. And this has been over a year now. Q Is that right? 6 A Yes. 7 Q Has your nephew been staying with you in 8 9 the past year? A r.1y nephew. 10 THE COURT: Sustained. 11 MR. LYONS: If I LYONS: I 12 could have a moment, your Honor. 13 MR. 14 THE COURT: have nothing further, Hr. your Honor. Burch? 15 16 RE-DIRECT EXAMINATION 17 BY 18 MR. BURCH 19 20 Q Ms. Rodriguez, you have talked to me on 21 several occasions concerning what took place on 22 August 31st. Is that correct? 23 A Right. 24 Q That conversation took place in my office. 243 1 I Is that correct? "l L...J 2 A Right. 3 Q And we discussed the possibility of you 4 8 Is that correct? testifying in this case. 5 A Right. 6 Q Now the State's Attorney asked you if you 7 ever went to the police station after this 8 incident. 9 A Yes. 10 Q Did the police ever come to your house? 11 A No. 12 Q And ask you if he was at home that 13 Do you remember those questions? evening? 14 A No, never did. 15 Q Did any State's Attorney ever call you or 16 come to your house or visit you and ask you if you 17 knew where he was on that evening? 18 A No they did not. 19 on the telephone, 20 knowing what I I And I did talk to them but they weren't interested in thought. have no further questions. 21 Q 22 THE COURT: 23 !YIR. 24 THE COURT: LYONS: State? Nothing further, your Honor. You may step down. 244 'J 'L .' 1 Thank you, Ma'am. 2 Please remain standing. 3 Call your next. Raise your right hand. 4 AZALIA CARRILLO, 5 6 a witness called on behalf of the Defense, was duly 7 sworn, examined and testified as follows: 8 9 DIRECT EXAMINATION 10 BY 11 MR. BURCH 12 13 THE COURT: Thank you. 14 MR. Q 15 BURCH: Have a seat please. You have to speak up. Tell us your name and spell your last name? 16 A Azalia Carrillo. 17 Q How old are you? 18 A I'm 16. 19 THE COURT: Excuse me. 20 that? 21 A 22 THE COURT: Thank you. 23 MR. Q 24 Almodovar? C-a-r-r-i-l-l-o. First name? Spell A-z-a-l-i-a. BURCH: And do you know the Defendant 245 1 L-l 1 A Yes I do. 2 Q How do you know him? 3 A He's my boyfriend. 4 Q How long has he been your boyfriend? 5 A For three years since I was thirteen. 6 Q Now do you have a baby by him? 7 Is that correct? 8 A Yes I do. 9 Q Could you tell the Ladies and Gentlemen of 10 the jury when was that baby born? 11 A She was born March 7, 1994. 12 Q At the time she was born where were you 13 14 15 16 17 18 19 living? A At his Aunt Mary Rodriguez' house and her husband Joe Rodriguez. Q Was it at the time the baby was born or after the baby was born? MR. CALLAHAN: THE COURT: 21 A 22 MR .. BURCH: 24 She just answered the question .. 20 23 Objection. You may answer. It was before the time the baby was born. Q When did you first start living on Springfield? A Oh, no. No. No. 246 We started living in 1 Springfield a week before the baby got out of the 2 hospital. 3 Q When did the baby get out of the hospital? 4 A In June. 5 Q Do you, 6 7 8 9 10 11 is there any reason why you had to go to that address and live where you were staying? HR. CALLAHAN: relevant, Objection as to why. It's not Judge. THE COURT: sustained. MR. Q BURCH: Did your baby have any particular condition while it was in -CALLAHAN: Objection as to the relevance. 12 HR. 13 THE COURT: Sustain the objection. 14 HR. Q BURCH: Now did you have a telephone 15 where you were living prior to moving to the 16 address on Springfield? 17 18 19 A I didn't have a telephone at my house. That's the reason why I Q had -- Now calling your attention to August 31st You were living at this address on 20 of 1994. 21 Springfield. Is that correct? 22 A Yes. 23 Q Who else were you living in this house 24 with? 247 1 A with his Aunt Mary Rodriguez, his uncle their son Joey and his Uncle Edwin, 2 Joel Rodriguez, 3 his grandmother and his grandmother's boyfriend and 4 me and the baby. 5 6 Q On August 31st of 1994 what time did you Did you come home that evening? arrive at home? 7 A Yes. 8 Q What time did you arrive at home? 9 A Between eleven and 11:15. 10 Q And when you arrived at home tell the 11 Ladies and Gentlemen of the Jury what took place 12 when you arrived at home? 13 14 15 16 A He questioned me where I was and I him I was -MR. CALLAHAN: conversation, Objection as to the Judge. 17 THE COURT: Sure. 18 HR. Q 19 told BURCH: Sustained. Go ahead. Did you have a conversation with Roberto? 20 A Yeah. 21 Q Where did this conversation take place? 22 A In my room, 23 Q And what, 24 my bedroom. if anything happened as a of that conversation? 248 result 1 2 3 We got into an argument. A We got into a big fight because some -Without telling us why, Q what happened? 4 Did there come a time -- how long did you stay in 5 this room? 6 A We stayed in there for about an hour. 7 Q And what, 8 9 anything was taking place? We were A 10 fighting. 11 Q 12 during this time what if arguing and yelling or Did there come a time, did any other people come to visit you at this address? 13 A My sister came and her husband. 14 Q How long did they stay? 15 A They stayed until we all went to bed. 16 Q Do you know what time that was? 17 A Around 1:30. 18 Q Any time during that evening of August 19 31st, early morning hours of September 1, 20 Roberto leave out of that apartment of that house? 21 A No. 22 Q r have no further questions. 23 THE COURT: 24 MR. 9 Cross. CALLAHAN: Thank you, 249 Judge. 1994 did 1 CROSS EXAMINATION 2 BY 3 HR. CALLAHAN 4 5 Q Ms, do you go by the name of Sassy is it? 6 A Yeah. 7 Q I'm sorry? 8 A That's my nickname. 9 Q Did you say that today you're sixteen? 10 A Yeah. 11 Q Not today on today's, 12 birthday. 13 Right? That's my today's not your But you're sixteen on today's date. 14 A Yes. 15 Q Now prior to coming into Court today can 16 you tell the Ladies and Gentlemen of the Jury how 17 many times you spoke with Roberto Almodovar's aunt 18 about what happened on August 31st and September 19 1st of 1994? 20 A I 21 Q Can you guess how many times you had 22 don't know. spoken to her about what happened that night? 23 A No. 24 Q Was i t more than a hundred? 250 'L. . J'" 1 A I 2 Q Was it ten? 3 A Maybe more, 4 Q That's the best answer you can give? 5 A No response. 6 Q Now how many times have you spoke to his 7 can't guess. maybe less. I don't know. Uncle Joe about what happened that night? 8 A I don't know either. 9 Q Have you spoken to him about what happened 10 that night? 11 A Yeah. 12 Q Have you talked to his Uncle Joe and his 13 aunt about what you would testify about what 14 happened that night? 15 A What I would testify? 16 Q Or what you remember happening that night? 17 A Yeah. 18 Q Have you all talked about what you all 19 remember about happening that night? 20 A Urn hum. 21 Q How many times might that be? 22 A I don't know. 23 Q Have you spoken to his nephew, 24 or you call him Joy or Joey I 251 believe? Young Joe 1 A Joe. 2 Q About what happened? 3 A Yeah. 4 Q About how many times did you talk to him? 5 A I 6 Q How old is he? 7 A 14. 8 Q Now who were the two people who you say "l L--1 9 10 don't know either. your sister and sister-in-law I believe or came over that evening? 11 A My sister and her husband. 12 Q What's your sister's name? 13 A Amaris Almodovar. 14 And her husband is Sergio Almodovar. 15 Q Amaris Almodovar and Sergio? 16 A Urn hum. 17 Q Almodovar? 18 A Yeah. 19 Q Now is that your sister or your, 20 Roberto's sister? 21 A She's my sister and he's his cousin. 22 Q So there's some relationship there between 23 your relatives. 24 there? There's a family relationship 252 1 A Yes. 2 Q His cousin and your sister? 3 A Yeah. 4 Q Now what time did you say they were there 5 until that night? A 6 7 8 9 \'17 e nt They were there until like before we all t 0 Q bed. And what time was that according to your testimony? 10 A Around 1:30. 11 Q What time did they come there that night? 12 A I 13 Q You don't know what time it was they 14 don't know. arrived? 15 A No. 16 Q Then what time did you first get to that 17 apartment? 18 A Can you repeat the question? 19 Q What time did you first get to the house 20 21 22 that night? A Me, around eleven, between eleven and 11:15. 23 Q When you arrived who was in the apartment? 24 A My boyfriend, his aunt, 253 her son and that's 1 all I saw. ." L.-l 2 Q Did you see his grandmother that night? 3 A Later on when we were fighting. 4 Q And what time was that when you saw her? 5 A I 6 Q Okay. 7 don't know. You don't remember what time you saw her? 8 A No. 9 Q What's your grandmother's name? 10 A Julia or Julia Almodovar. 11 Q Julia? 12 A Or Julia. 13 Q Okay. 14 Same thing. What is his grandmother's boyfriend's name? 15 A All I 16 Q How do you spell that? 17 A I 18 Q Is that her boyfriend still? 19 A Yes. 20 Q Does he still live there at that address? 21 A Yeah. 22 Q Do you still live with Roberto Almodovar's 23 24 know is his first name, think i t ' s E-I-m-y. family? A Elmy. No. 254 1 Q Does your baby live there? 2 A No. 3 Q Does your baby stay with you? 4 A Urn 5 Q Now about what time did your, was Elmy 6 She lives t h me. hum. there at the house that night? don't know. 7 A I 8 Q Well, 9 \ • And you indicated I 6 arrested on Normandy. 7 to? believe that you were Is that what you testified A Yes. 9 Q Where at on Normandy were you arrested? 10 A By my grandfather's house. 11 Q TlJhere is that? 12 A 2311 North Normandy. 13 Q 2311? 14 A North Normandy, 15 Q How long did you supposedly spend at 18 16 How far north? like a house down. Wright Junior College that day? 17 A Until 10 o'clock. 18 Q 10 o'clock at night? 19 A Yes. 20 Q What time did you start? 21 A Six p.m. 22 Q If could I 23 THE COURT: 24 HR. CALLAHAN: have a moment please, Judge. Sure. Q Now I 299 believe you testified 1 that you began working In June, right? ) . "l L-.l 2 A Yes. 3 Q At Farley Candy? 4 A Yes. 5 Q Where were you working before that? 6 A I was working in the Brickyard. 7 Cd ttihat? 8 A Brickyard. 9 Q And were you working full time there or 10 would you be working part time and with your gang 11 buddies part-time? Object to the form of the question 12 13 and relevance. 14 THE 15 A 18 19 I Objection sustained. worked part-time. CALLAHAN: 16 17 COURT: Q Now what did you do on the lOth of September? A Is that the day last between Monday or e 0. n e s day? I was at school and I 20 Q I'm sorry? 21 A If that day land, 22 went to work. that was a, I was at work September lath. 23 Q From when? 24 A September 10th land on a 300 Saturday, right? L 1 Q I don't kno\--:. 2 A No response. 3 Q That's an important time period? 4 A If it land between Monday or Saturday I 5 6 was vvorking. Q Now when you spoke, you spoke with 7 Detective Guevara two times when you were brought 8 into Area Five, right? 9 A Yes. 10 Q The first time you gave him a statement 11 and then later on he asked you a few more things, 12 13 A Yes. 14 Q And when he spoke to you again didn't you 15 tell him that you must have been with your 16 girlfriend during the shooting? I 17 A Yes. 18 Q You were 19 t_here, told him I was at the house. just kind of throwing that out right? 20 A No. 21 Q You didn't know where you were on 22 September 1st, did you? 23 A Yes, I was. 24 Q You told this jury that you were in shock. 301 1 Are you telling them now that you did know that 2 night where you were September 1st, 1994? 3 A l',t the time 4 Q Yes or no? 5 A Repeat the question please. 6 rrHE COURT: Read it back please, Tina. Read it back, Tina 7 8 (Whereupon, 9 the Record was read) 10 Yes. 11 A 12 r.m. CALLAHAN: 13 Q If I could have one moment, Judge. 14 You ever been over on Cortland? 15 A No. 16 Q Do you know where Cortland is at? 17 A No. 18 Q I 19 THE COURT: have nothing else, I.ti.r. Bu rch? 20 21 RE-DIRECT EXAMINATION 22 BY 23 MR. BURCH 24 302 Judge. 1 Q When you talked to Detective Guevara after 2 you were arrested, you told him that you did in 3 fact know where you were at. Is that correct? 4 A Yes. 5 Q You told him that on Wednesday that you 6 left for work early to attend a GED class? CALLAHAN: Objection. 7 I·1R. 8 THE COURT: Go ahead. 9 HR. Q BURCH: Leading. You told him you left early to 10 attend a GED class at Wright Junior College on 11 Halsted? 12 A Yes. 13 Q You also told him your class was from six 14 15 16 until about 10:15 or 9:15. MR. CALLAHAN: Is that correct? Object again, Judge. He can testify to what he told him. 17 THE COURT: I ' l l let him answer. 18 MR. Q 19 A Six to ten. 20 Q You told him you took a bus home. 21 BURCH: You told him that, didn't you? Is that correct? 22 A Yes. 23 Q You told him you were with your girlfriend 24 that evening. Do you remember telling him that? 303 lJ L' 1 A Yes, 2 Q You denied any knowledge of a double 3 t!o' murder. I was. Do you remember telling him that? 4 A Yes. 5 MR. CALL1HIAN: 6 HR. LYONS: 7 THE COURT: The answer may stand. 8 M.R. BURCH: I 9 HR. CALLAHAN: Objection. Objection. have no further questions. quick then, Judge. 10 11 RE-CROSS EXAMINATION 12 BY 13 M.R. CALLAHAN 14 Q 15 Well, your Attorney told you what you told But how is it that you say you told 16 the police. 17 him the time you got on the bus and the time you 18 got off yet you cannot tell these Ladies and 19 Gentlemen of the 20 doing in the later evening when the events occurred 21 when Amy Merkes was gunned down? You didn't know what you were doing, 22 23 24 jury that you knew what you were did you? A I did know. I went to work. 304 After work I 1 L. went to school. "l.·.·· .:J 2 How come you don't remember this big Q 3 family gathering where everyone's coming to where 4 you lived until 1:30 in the morning? 5 tell him about that, 6 7 8 9 time I 11 MR. 14 15 I did not. You couldn't remember but you could I went to work. BURCH: Object. Let him answer the question. THE COURT: I don't think there was a question. Pose another question. MR. CALLAHAN: Q You can tell him about what 16 time you got on the bus, 17 about the big family fight that night? 18 19 20 21 22 23 24 At the remember what time you got on the bus. A 13 did not, couldn't remember. Q 10 12 did you? At that time I A You didn't A I but you can't tell him didn't tell him about the time I got on the bus. Q You just told your attorney that's what you told him? A I said I That's what I Q got out of school at 10 o'clock. told my Attorney. You told him what time you got on the bus 305 1 and what time you got home, right? Yes or no? 2 A I told him the time I got home. 3 Q Nell, you remember what time you get home 4 but you don't remember what happens at your house 5 that night? 6 7 8 9 A I don't remember exactly what time I got home. Q Everybody else seems to remember exactly when you got home. 10 HR. 11 questions? 12 13 Objection. GIBBONS: THE COURT: Excuse me. Is he asking Sustained. Let him make the objections. HR. 15 A Between 10:30 or 10:45. 16 Q You didn't get home at 11:00 or 11:15 17 though, CALLAHAN: What time did you get home? 14 Q right? 18 A No. 19 Q You're sure about that? 20 A Yes. 21 Q I 22 THE COURT: Hr. 23 MR. I 24 don't have anything else, BURCH: Judge. Burch. have no further questions, your Honor. 306 ["1 .. 1 THE COURT: Thank you, 2 HR. BURCH: Side-bar, 3 THE COURT: Side-bar. sir. You may step down. your Honor. 4 (Whereupon, 5 the following 6 proceedings were had in a 7 side-bar out of the hearing of 8 the jury) 9 HR. 10 We'd request that we have a BURCH: 11 stipulation. 12 now? You want me do it on the the record 13 THE COURT: 14 HR. GIBBONS: 15 16 Saez' Yes, but I want to publish my, affidavit to the MR. I CALLAHAN: 17 being entered, 18 it anyway I 19 You've got that all worked out? don't have a problem with it but not read. THE COURT: Well, read it into evidence. 21 If you 22 admit it, 23 leave that up to you. HR. They're going to get assume. 20 24 jury. I don't care if you want to I ' l l allow you to do that. just want to offer it into evidence and I ' l l that's okay too. KREITER: It's up to you. I'll We'll make our decision in the 307 1 next ten seconds. 2 MR. CALLAHAN: 3 I object for the record to it being published. 4 (Whereupon, 5 the following 6 proceedings were had in the 7 presence and hearing of the 8 jury) 9 10 11 12 MR. BURCH: We have no fUrther witnesses at this time, your Honor. MR. GIBBONS: I ' l l be adopting the Thank you, Judge. At this time we'll be calling a witness, 13 14 Detective Dombowski by way of stipulation. 15 sure you know a stipulation is an agreement between 16 the parties as to what a witness would testify to. I'm If Detective Dombowski was called to 17 18 testify, 19 Police Officer. 20 Five Violent Crimes. 21 he would testify that he is a Chicago He's a Detective assigned to Area He would testify that he was assigned to 22 conduct an investigation involving these two 23 particular homicides on the day of September 1st of 24 1994. 308 l: Pursuant to his assignment 1 2 THE COURT: 3 MR. 4 THE COURT: 5 What was the date? September 1, 1994. GIBBONS: I misheard you. 11m sorry. Go ahead. MR. 6 Pursuant to his assignment he GIBBONS: 7 interviewed a witness by the name of Jackueline 8 Grande, the witness who testified here previously. He would testify that as part of his 9 10 interview with her he prepared notes which he put 11 down on what is called a general progress report, 12 which you heard about earlier during this trial. He would testify that at that time he was 13 14 speaking to her to get from her a description which 15 would aid in the identification of any possible 16 offenders. He would testify during his interview with 17 18 him she told him the that a car came by, 19 turned into the east alley of Harding, 20 out and down Cortland until it was even with them. then back Saez goes to see who is in the car. 21 22 Defendant in the back seat starts shooting. 23 car was dark blue; 24 male The The older car, mid size car, three the driver was a male white 309 ) J. L 1 Hispanic tall and thin, 2 comp .... eXlon. 3 face with a 4 hat. , . dark hair, light The front passenger had a thin long light complexion, black jacket, The back seat passenger was skinny, 5 6 hair, medium complexion, clean looking, 7 teens and early twenties. all red dark late 8 Further he would testify that his notes 9 encompass his interview with her concerning this 10 description. He would testify there's nothing in 11 his notes which would indicate that she ever told 12 him that the rear passenger shooter had a thin and 13 long Further he would testify his notes reflect 14 15 nothing about the rear passenger who did the 16 shooting having any long hair. 17 Further he would testify that there's 18 nothing in his notes which would indicate that she 19 ever informed him that the driver was shooting any 20 gun. 21 shooting. 20 22 only that the Defendant in the back seat was Further he would testify that his notes 23 reflect that there was a driver and front passenger 24 and one person in the back seat. 310 There was nothing L'l . ..-1 1 in her description that there was ever a driver in 2 the front seat and two individuals in the back 3 seat. So stipulated? 4 LYONS: 5 MR. 6 MR. GIBBONS: So stipulated. Your Honor, at this time we would 7 be proceeding by way of stipulation of the 8 affidavit of Kennelly Saez. THE COURT: 9 10 It will be admitted inio evidence. Go ahead. MR. GIBBONS: 11 Thank you. Ladies and Gentlemen, 12 at this time I'm 13 going to be reading to you the affidavit signed by 14 Mr. 15 reads as follows: Saez in the law offices of Melinda Power. I, Kennelly Saez do hereby state and 16 17 declare the following to be true: 18 Kennelly Saez, dated birth, 19 20, 20 Illinois, 21 Number one, I am November 26, 1974, age residing at 3918 West Cortland, Chicago, 60647. Number I am the Kennelly Saez who was 22 present at 3918 west Cortland on the evening of 23 September 1, 1994. 24 It Number I was sitting outside with 311 1 Amy Merkes, Jorge Rodriguez and Jackie Grande. Number four; 2 I told the police at the 3 police station on September 12, 1994 in a written 4 statement at 8:50 p.m. 5 Almodovar, 6 the shooting that happened on september 1, 1994. recognized Roberto a/k/a Joker as one of the shooters for Number five; 7 that I I also spoke with an 8 Assistant State's Attorney Michelle Simmons and 9 told her basically 10 same thing I told the police officers. Number six; 11 however I am not really sure 12 who did the shooting that night because I couldn't 13 see very well. It was dark outside and I couldn't 14 see faces. Number seven; 15 16 because I I was also high that night had smoked marijuana earlier that night. Number eight; 17 I told the police I believed 18 it was Roberto Almodovar and William Negron because 19 I 20 When the shots started I 21 look up until the car was gone. 22 believed it was them, Number nine; I but I really couldn't see. hit the grass and I didn't looked at photographs and 23 picked out a person I thought was the shooter, but 24 I was wrong. 312 Number ten; 1 I picked out Roberto Almodovar 2 and William Negron out of the line-up because I was 3 mad because my friend George Rodriguez had been 4 killed and I wanted somebody to pay for it. Number eleven; 5 Roberto Almodovar and 6 William Negron are facing very serious charges and 7 I'm just not sure enough who did it to say that 8 they did. Number twelve; 9 I came to Attorney Melinda 10 Power's office, 11 will. 12 making this statement. 13 to be sure that an innocent person is not 14 convicted. I 2048 west Division of my own free have not been pressured or forced into I'm making this statement Signed Kennelly Saez; 15 subscribed to and 16 sworn to before me this 1st day of March, 17 Notary republic seal and signature of Melinda 18 Power, 1995. witnessed by Margaret Power. 19 Your Honor, with that we are going to be 20 introducing some other exhibits and we anticipate 21 rest.ing. 22 THE COURT: Side-bar. 23 24 313 (Whereupon, 1 the following ). "l L.J 2 proceedings were had in a 3 side-bar out of the hearing of 4 the Jury) 5 6 7 THE COURT: GIBBONS: MR. 9 THE COURT: 11 12 THE COURT: You're offering TWo, Three, Four, Any objection? MR. 15 THE COURT: CALLAHAN: No. Two through Seven will be admitted. Two through Six. Mr. 17 19 It's already been admitted into Five and Six. 14 18 That's correct. evidence. 13 16 just read is Defendant Almodovar's Exhibit Number One. 8 10 What was MR. Burch? BURCH: Your Honor, we're seeking to introduce all of the photographs. 20 THE COURT: All of the photos? 21 MR. On behalf of Mr. 22 THE COURT: 23 HR. 24 THE COURT: BURCH: Almodovar. Any objection to any of those? CALLAHAN: Not in evidence, Yeah. Judge. That will be the following: 314 1 Two, Three, 2 Eleven. Five, Six, Seven, Eight, Nine, Those will be admitted. That's it. You can offer those in front 3 Ten, of the jury. 4 Make that statement and I ' l l admit them and you'll 5 be resting and we'll break for the night. 6 (Whereupon, 7 the following 8 proceedings were had in open 9 Court) 10 11 THE COURT: 12 MR. GIBBONS: Okay, Mr. Gibbons. Your Honor, as to the Defendant 13 William Negron, 14 through six and also we would seek leave to borrow 15 Mr. 16 17 we'd offer Exhibits Number Two Almodovar's Exhibit Number One, THE COURT: And I The Defendant's Number One, assume that's BURCH: 18 MR. 19 THE COURT: the affidavit. okay. jointly being -- That's correct, your Honor. Defendant's Almodovar Number One 1 20 and Defendant Negron's Two through Six will be 21 admitted into evidence. 22 MR. BURCH: Your Honor, we would seek to 23 introduce Defendant Almodovar's Exhibits Two 24 through Twelve I believe and ask that the 315 1 identification 2 THE COURT: Nine, Two, Three, Five, Eight, Ten and Eleven. 4 excluded are with police reports. HR. 6 THE COURT: 7 BURCH: We're not offering those. They will all be admitted. that having been done, 8 NR. BURCH: 9 THE COURT: 10 MR. 11 THE COURT: Seven, The ones that are 3 5 Six, Mr. And Burch? We would rest at this time. Hr. Gibbons? We rest also, GIBBONS: your Honor. Ladies and Gentlemen, I want to 12 thank you very much for 13 i t ' s been· a very long day. 14 Please don't forget the room number tomorrow. 15 everybody here tomorrow morning at 10:30. 16 MR. BURCH: 17 MR. GIBBONS: 18 MR. CALLAHAN: 19 THE COURT: your attentiveness. I know We appreciate it. See That's fine. Fine. Fine. 10:30. This case will come to you tomorrow for 21 my prior statement about not discussing this with 22 anyone. 23 24 your consideration. Please remember 20 Thank you very much. Have a nice evening. tomorrow morning. We'll see you Thank you very much. 316 L'l .....J Please rise. 1 2 (Whereupon, 3 the following 4 proceedings were had after the 5 jury was excused) 6 Did you have any problem with me THE COURT: 7 a discussion with your client? 8 MR. 9 Mr. THE COURT: 10 No, GIBBONS: your Honor. Negron, you understand you have 11 an absolute right to testify if you so choose. You 12 also have the absolute right to remain silent. You 13 understand that, 14 A Yes, 15 Q I 16 don't you? sir. assume you've discussed this with your Attorneys and you have decided to? 17 A Not testify. 18 Q Remain silent. 19 A Remain silent. 20 THE COURT: Is that correct? Very good. Thank you very much. Yti1hy don't 21 We'll see everybody tomorrow morning. 22 you, 23 put on the rebuttal witness or not. 24 what we'd want to do assuming the rebuttal witness I don't know if I ' l l have any time before you 317 I would think I] L. 1 is not going to be very long, 2 everybody, 3 10 : 3 O. 4 HR. let's see if everybody can try and get here before CALLAHAN: I ' l l send a copy of the 5 instructions for your Honor and the Defense down 6 with Joe at 9:30. 7 8 THE COURT: Do you want 2.04 given as to your client? 10 HR. 11 to testify? 13 GIBBONS: THE COURT: MR. 15 THE COURT: The fact that the Defendant did not GIBBONS: Yes. Okay. So we'll have that. sure i t ' s worded appropriately. whenever you get here I ' l l be here. 19 MR. BURCH: Thank you. 20 THE COURT: Thank you. 21 Have a nice evening. 22 23 24 318 Make And very good. See everybody tomorrow morning at, 17 18 That's the Defendant's right not testify. 14 16 don't anticipate there's going to be much of a problem. 9 12 I L"l .. -l 1 2 3 (Whereupon, those were all the 4 proceedings had on this date 5 with the cause being continued 6 until November 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 319 30, A.D., 1995) STATE OF ILLINOIS COUNTY OF COO K I, Christina M. Court Reporter County, for Adams, CSR, an Official the Circuit Court of Cook County Department, hereby certify that I Criminal Division, do reported in shorthand the proceedings had at the hearing of the above-entitled cause; that I thereafter caused the foregoing to be transcribed into typewriting, I which hereby certify to be a true and accurate transcript of the proceedings had before the Honorable THEMIS N. KARNEZIS, -- Judge of said court. -------------------- Adams, Court Reporter Circuit Court of Cook County Criminal Division 320 (Rev. 2118193) CCCR·56 STATE OF ILLINOIS COUNTY OF COOK I, AURELIA PUCINSKI, Clerk of the Circuit Court of Cook County, in said County and State, and Keeper of the Records and Seal thereof, do hereby certify the . to be a true, perfiect and complete copy of ..........•................•.....•.... VOLUME (SIX) OF (SiX) VOLUMES a b ove and foregomg NO PRAECIPE HAVING BEEN FILED ·.......................................................................... ............ . CONSISTING OF THE REPORT OF PROCEEDINGS, ONLY. ' PURSUANT TO THE NOTICE OF APPEAL FILED IN THB APPELLATE COURT UNDER APPELLATE COURT • • • • •• • . • • • • Ii • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • NO. 96-1017 ·............................................................................... ..- ..... . ·.. .................................................................................... . ' · a certai n cause ... '" .•.••••........•. LATELY In The People of the State of Illinois.... ROBERTO ALMODOVAR, IMPLEADED 0 ••••••• ..... 0 0 ••• . ••••.••••• 0 • 0 0 •••••••• 0 0 ••• 0 •• 0 •••••• • sal°d Cour t, b et ween pend'Ing In 0 ••••• 0 •• 0 • • • •, Plaintiffs and WAS · ....................................................................... . _, Defendant ... . Witness: AURELIA PUCINSKI, Clerk of the court, and the Seal thereof, at Chicago In said County, . 0 • 0 0 0 ° ° • 0 ••••• AURELIA PUCINSKI, CLERK OF THE CIRCUIT COURT OF COOK COUNTY , 19 . IO'147b , , I -! i . : .. ] , " FILE D APPELlATE COURT lsfDI51 22- 2012 STEVEN M.RAVID CLERK I I r;:r,i I I \;, \ (Rev. 8/4/94) CCCRf)094 B . ''': ."'.:..:_;..,-......_- . . ___' _ , - . .-__ __