Case: 1:04-cv-04992 Document 50-9 Filed: 12/03/09 Page 1 of 71 PageID #:1078 Exhibit 6 Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 2 of 71 PageID #:1079 STATE ILLINOIS OF COUNTY SS COOK OF IN THE COUNTY CIRCUIT COURT OF COOK COUNTY DIVISION DEPARTMENTCRIMINAL rj PEOPLE OF THE STATE OF ILLINOIS NO vs. 36-1453 JUAN PEREZ DANIEL PENA REPORT 10 11 OF PROCEEDINGS on for Caiae That this cause REr4Et4I3ERED L. GILLIS hearing before the HONORABLE KENNETh of July the 14th day Judge of said Court on this BE A.D. IT 1936. 12 13 RICHARD 14. DALEY Statets Attorney of Cook 14 Assistant APPEARANCES MR. By MR. apneareci 15 RANDY County REUCKERT State1S Attorney the Respondent for MICHAEL JOHNSON aopeared for the Petitioner MR. 16 17 18 Christina N. Adams CSR Official Court Reporter 8906065 FEB 201987 22 MORGAN 23 24 clerk Qt vL F1NLEi iMit Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 3 of 71 PageID #:1080 ii THE 3. COURT earlier about who or what Reuckert Mr. these identify when did them alleged havent we said made headway today. JOHNSON the with to trying vents hapDened much line In Petitioner understand Ill that. put on today. TUE COURT MR. JOHNSON All right. Daniel IP Again take not going DAN EL the stand. recall Mr. to Velez. 10 Petitioner 1.2 the 13 testified as was duly PEN sworn examincd and follows 14 15 DIRECT 16 BY 17 MR. EXAMINATION JOHNSON 18 19 State 20 Daniel 2. Daniel 22 and the Yes. 24 How old please Pena.. youre Petitioner 23 name your in are this defendant case you Daniel are in this you case not Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 4 of 71 PageID #:1081 Twenty one Youre right Yes 1986 in 1.0 .. 12 13 warrant to vicinity of attention Yes sir. This was Ugh hugh. And you the in learned regarding did have you hours that were you charge. Is arrested on that correct After you were sir. arrested where were you taken 17 Grand and 18 Now that do you Central police know what the station. officers narce was arrested you 20 Pat McCartney and Gavera. 21 Pat McCart.ney and Gavera. 22 These 24 January West 5420 evening drug 15 23 to arrested be Yes 19 County Jail Cook Illinois Chicago in 14 1.6 in calling your the Bloorningdale occasion now sir. Daniel 22 o1d years are officers Detectives. detectives or uniformed police Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 5 of 71 PageID #:1082 They police transported you in their dar to the station Grand and at Central. that Is correct Yes sir. Where they take exactly in the police did you floor Gang Took me to the second This is on the second level 12 Yes sir. 13 Put 14 Yes. 15 How 16 About 17 Do 1.0 station Crimes. that at building .. 18 many you About 20 And officers 24 three or know were the in room four. the names of these police tell know and three of his them. Honor what the names of these were. 22 23 officers police officers 19 21 room in you another one Do you ones names was know named Gavera Pat John. Johns last name I4cCartney CD Di it ii- Fl Cl NJ F- CD Cl i--c H- it it Di Cl r1 CD CO I- it Cli -F- CD -.-- it Ci Fl Ci II II Di CD Ci II CD H- it i-c Di F- Di it Ci -- ci Di CD iF- Ci CD EC Ci it CI Ci Di CD ii- CD CI it H. ii CD -- Ci Di Ul If I- CD .0 CD Ic CD F-ri i- CD II Ci it hi Di CL CC Ci Di it CD H- cn Di CD Fl CD CD H- it F-s Fl -..J Di H- CC t Di CD i3 CO CD t Di Cl CD it Ci NJ Cu iF- H- Ci Ci CD Fl CD CD Di NJ r- it CD NJ -t F-h Cli Ci Lj NJ Di Cl .J ii- Di CD NJ Ci ii it Ci Di Fl Fl Di CL CD CD H- CD t i-c CD CD it Ct it Di it CD Fl CT H- F-h hi CD CD it H- Di CD CD Ci ii Ci CO Di CT .1 Ci it Di -J -. t-1 CT j_ c-F- o. i. F-I -h CD H- -t it ci t Dl -. Ci it it CD CT -C Di it CD Cl CD CD Ci CD CT it Cu it CD Ci it Cl- Di I- Fl CD Ci Cl NJ it H- CD it ci it Cn Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 6 of 71 PageID #:1083 LQ H- F-S CD HI Cl Cr H- Cl Di -0 H- F-c -. H- F-S F-h Cr H- F- Di F-h Di Ci- H- 0. H- CD H- Cr c-i- CD li CD H- ct Di -Z CD Di Ct- Cr rj -J In CD CD CD Cl Cr CD H- CD tJ Cl CD Cr Di Cr CD CD Ci- Ci Cli F-h ID Cr H- Cr H- CD Di Ct ci- CC CD Cr Cli c- ci- Cr It CD H- F-h F-h Cl H- CO Di t- in -3 .O CD ti- H- Di F-ti t\ Cr CD CD H- F-h ir Cl i- F-h F- Cl- CD H- -h F-h CD Cr Dl Cl 11 Cl Ci- F-h ri- CD Cr Di ii i-i- Di ii F- Cr CD CD Cr Di F-c Di Ci- t-- Di F-i- j- Cr H- CD .- CD CD c-i- cii F-a- F-ti CD Cl I-- Cr Cl Cr CD c-i- H- -. Cli F-n CD Cl Ct Di Cn -i CD zc H- Ci- Cr H- CD CD CD Ci- Di Ci- Di -d Cl Di t- CD Di -1 CD H- F-ti F-h CO ri- .1 In CD Cli Cli I- CD F-c i-i 11 01 Cl Di Cl H- Cl CD Cli C1 Ci- H- H- Cl- Cr 1. CD Cl CD c-i- Cr Di -Q H- Ci- Cl Cr Cl Ci- HI 0. Cl CD CD t- Cli c-i- Di CD Cr CD c-r Cl Di CD Ct- c-i CD Cr Di CD -C Cr CD F-h I-I Di c-i Cl Cli Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 7 of 71 PageID #:1084 Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 8 of 71 PageID #:1085 JOHNSON MR. on the he legs Stand up my knees thighs THE Record from his groin down to COURT Now 10 were talking how long these with about talking 12 Half hour hour 13 About hours. 14 For that ever 16 leave this five five time period of of officers when they to me hours two while. for hour period oE three hours time did room No.. During the 18 besides Officer 19 flashlight 20 any and five hour period of Pat 22 Where He hitting you in the rios and face ZlcCartney. was Where time Gavera striking you with the other officers 21 24 his knees. Murder this were They 15 inside of Danny. about there up the All right. down Sit were you under here. to Indicating for the his Court where hitting you with flashlight was Between and show the did he strike smacking was he you me. smacking you you Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 9 of 71 PageID #:1086 Ii On smacked me. THE face my Then COURT telling me to Who hit he Smacking that Like on and cooperate was present the me right hand you open like smacked me with he other side. the on wnen side other way the them. Officer when t4cCartney struck you Officer About 10 15 police in 16 this renain in John. this room about five six regarding the you aake any when you were statements to the homicide No. taken after this to the period of time were you somewhere They took 19 me downstairs to the bull pen lock-up. When you got anybody else that you My 24 did room And 22 you During this period of time up 21 did other hours. 14 20 long stood in that 13 18 how one the room 11. 12 Gavera and two What to the lock-up know friends. are theIr names SI-. did you see Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 10 of 71 PageID #:1087 Armador Rivera and the in They were Daniel flamirez. with them conversation have you with cell same Yes. Did you show them your oruises Yes. And about how the stood 11 two and half Then what 13 Then the me gave 16 Gavera where was 17 18 turn key He was and got me and he you Officer to he outside the lockup outside the gate. And where did you 20 He second took flow the me back go then upstairs to Gang Crimes floor. 22 24 came say gave 19 21 hours Gavera. And when you 15 there for about two happened Officer to in hours. 12 14 I. down remain down you individuals with these other locktip 10 did long 23rd. Is Yes. Daniel that this correct would be the morning of Di Cr CD CD Di CD Cr CD -I i- Di CD Di CD is- ft PSi CD CD Di ca p-a Di fl it CD is pa pa in CD -4 l- 5- CD CD CD Cr CD CD is- Mi S-Is CD CD CD CD CD i- is- s-a -. pa- yr CD CD is- Pt -4 Cr Di Cr CD CD si CD is- pa 0. Di sO is- CD Cr Cr CD Cr CD Cr Cr CD cc CD CD Cr aTh- vs p. CD lo is- fi i--i Cr Di is- Di Di CD to is- Cr 50 0. CD CD CD -o Di Cr Cr .Cr CD Cr CD CD yr CD CD Cr Di Cr CD .0 is- Ph S-r Di CD CD CD CD CD Cr Cr ft ia a. Di CD CD Cr Cr pa Cr tn ps Cr si is. in N.Di Cr CD CD a. -a p-a Cr Cr CD Cr 5CD Qi CD s-a CD -3 co S-J CD in is- Cr Cr 0i is Di Cr Cr Di Cr -3 -o CD i-i- Cr CD tO s- 5- Oa CD CD Di Cr Di CD Cr 5- Cr io CD is 10 ia --- is- ii- is- CD El i-a n- CD -3 Cr Di Cr 10 as Cr CD CD p-s CD .0 CD Cr cs P-ti CD Ii 0% Cal I- CD CD CD yr Cr Di Di CD Di gi 0- is- yr pa. 00 Ui is- Cr Di CD Di 10 CD CD Cr in pp Cr yr SQ 5-- pa Cr 5-- CD p-a pa CD yr is Tw Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 11 of 71 PageID #:1088 Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 12 of 71 PageID #:1089 I.. came in there. Another individual that entered room the Yes. .A Describe what Black hair. White man White man.. like looked Black man or wasnt tie individual this officer police No. How 10 Is sweater 13 jeans. 14 And 15 He 16 Did 18 that were told in And 19 20 who you was 17 the Do regular shirt this like dressed he had lie 12 was and told like you an he recall you neck like over coat and publib was sore defender me. then conversation have talking with him and the with him officers there. did the conversation have to do with homicide approxiraately 23 there with 24 said he was the detectives public how and defender long this were you other man in that Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 13 of 71 PageID #:1090 stood We 01 dont about. fl was It Ugh the Mc Car tney 10 11 time with after you those individuals hours was it. know this Officer nothing. him to leave the individual the were in the room told cooperate. to telling me told Is Public two thougn hours happened was didnt him reaember what few hours few He about hugh. What for fo there in Gavera and Pat room. that said he was fend I... 12 Yes. 1.3 Then 14 Yes. 15 What 16 Officer 1.7 there and 18 Danny 19 know 20 me and you beating Between 24 chairs to Pat Mc next up Cartney were to cooperate. about. They me is said dont kept beating here my legs smacking smacking me The places that same in lay me across my ribs. they hit in said and here. 22 and two youre talking Where face room the Gavera and going 21 23 left happened pul led are what he you the Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 14 of 71 PageID #:1091 night before Yes. How Defender Gavera did long January 22nd You the say left this locked got The up. individual other room the for on go and you started hitting you. say How 23rd. Public the and McCartney long did this take place What How 1.0 five Then 15 Thats 16 getting beat 17 Did that other the about what good when you then individual out of twenty minutes twenty 20 Why did you them regarding the Because couldnt 24 my nants after that him man cant conversation have with stand them homicide Yeah. 23 told more. regarding the 22 happened any 1.9 21 by minutes. 14 18 mean was long Justfor 12 13 you room the .. do stand ket it have that conversation with homicide sick was any more. slapping me .1 of getting They you made know heat. me nose piss was on all Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 15 of 71 PageID #:1092 my mouth. red and bleeding Some later time Court Reporter did come Yes. with one Stenoqrapher Like Do 8. that you what think it front the of 13 Yes. 14 And 15 was the was it then or it day know 23rd. the have the conversation in who said he Court Reporter was other individual this Public Defender also he was present Yes. 16 Who else was 18 Pat klcCartney 19 And why 20 was about the Z3rd. was And did you 12 it time was know 10 those machines right there. lady know of with the did 22 what 23 told me to 24 with the him. Gavera. and you have conversation this Court Reporter First they 21 present one that agree told me said he to was agree withthenr the with everything Public Defender he said to agree Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 16 of 71 PageID #:1093 At i. the been end the of Reporter Court smacked conversation the did you tell that them of front in had you around Yes Did them tell you that you were physically come back with abused Yes. And later tyPewritten show 11 1. nt show 14 Number One vou Daniel. the what does Danny typewritten 1.8 Can 1.9 Little bit. 20 Did Are 22 24 the pages Yes that Take apnear statement they Yes. you read they gave those you to your me read and to will Exhioit look oe showed write and help it mark as Identification. Identification. for They for Il 11 marked Petitione been has 17 23 what you Petitioners Number One 13 1.6 tCiL1C they Yes. 1. 1. did on that at copy of you Daniel that told initials on me the to sign it. bottom of 11 CD CD H- c-f- CD CD Cl NJ NJ 3- CD NJ NJ CU It CD Cl CD Cl Ci CD H- CD NJ CD CD CD hi CD c-f i- It hi I-h rt CD It CD Cli C. CD CD CD c-f- c-f- H- F- 0- Zr c-f- H- H- H- CD CD ii ..0 CD It hi CD t CD CD H. 1-i- CD iI- CD Ci It I- ct H- Di CD It- I-h CD CD CD CD CD -.1 t CD CD NJ Ci CJ CD -. c-f II c-f Cli -. Ui rs CD Cli CD UI H- Cl CD LJ ii CD Cli Cli NJ c-f- Ci tO -j CD Cli Di I-h II CD f-h i-h CD C- Ct c-f CD IJ CD CD -0 C-i CD rr CD It Ci Di c-f- C-t c-f- CD Cl fl CD t CD tO Cli -I .- c-f- Cl CD c-t CD c-l It- CD H. CD CD I-- I-I CD Ti Cli tO CD CD CD CD tO Ui CD c-f CD H- LO c-l hi CD H- Ci Ii cci Gi CD CD ..J i1 CD CO Cl CD c-l Di hi NJ It CD cr CD H- CD CD CD C- CD CD t Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 17 of 71 PageID #:1094 CD P4 .0 CD CD tO P3 P. p. CD CD Di CD $. CD CD CD CD El CD pa pa CD ii Ps CD Ps Ph p-a pa P4 pa tO P4 CD P1 CD CD Ps CD pa pa CD CD CD Ps CD CD Pt Ps CD Ps CD Pt CD CD a. Ps Ct CD .0 pa Iii pa it fl pa %O pa CD Ui pa Ph Ps CD p. CD pa CD -c p. pa .. pa CD Ps CD CD Ps CD CD Ps pa Ph Ps CD CD pa I.- rr Ps p 0. p. CD p. CD p. P1 Ph .0 pa I. C. fl pa pa CD P4 ui Ps pa pa CD Pt in a. CD fi Ps CD CD CD CD CD II CD CD p. Ps CD Ps CD CD Ps CD El CD II CD CD p. CD El CD et CD CD Ph pa CD ui CD Ps P1 CD pa p. El CD pa ii El p. Ps v.a C. Ps CD Ps r pa CD to CD pa p. El Ph pa Ld Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 18 of 71 PageID #:1095 Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 19 of 71 PageID #:1096 Do you know William Yes Wh.o other the one Gamboney sir. else present was Gavera. Anybody else And The old And Mr. Beuke and did you Yes. 13 This 14 Yes. 15 were you 16 Yes sir. 17 You 18 Yes 1.9 Did wanted to They were 23 24 floor tall one. there with the at conversation have homicide regarding is in pain to appeared at time that that bruised at be time sir. tell you Lr. Gamboney or hr. Beuke you doctor see They 21 22 officer lir. 12 20 other the man. 10 11 John told going to me didnt take care How long were the States you have of there Attorneys to see one. me. at the Office thirteenth Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 20 of 71 PageID #:1097 Ii was 1. the six way this Is 24th Two conversation then taken in 12 afternoon. the took witness against After 24th the the Attorneys were you to States the wanted to rae Attorneys State be murder. Daniel that were you taken to Court No. took They back me to the OliCe station. 16 Yes. 17 How Grand took me 20 to were there took you going the there you to Friday night to night and they Court. They on Central arid lonq stoo.d 18 24 hours. or after Daniel State rae they rae At 23 23rd the of five Court to 15 19 the with told 13 14 night later. Office 11 about the morning the in early hours seven days They 1.0 since there 24th Then where as to night were taken you to bond bond Court Court this ta-ken the County Jail. is Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 21 of 71 PageID #:1098 7here 1. exactly County Jail in did you go Receiving. 7here Hospital. Cern-tak Cerruak At treated by Doctor Yes And these 11 And brnises on did Did 15 Yes. 16 And 1.7 Miller now 18 at 20 And 24 Hospital Miller how Doctor tell were Doctor after treat Mi 11cr you you is some you you got for killers oain treated by were two station police Urn 23 you give he this 19 22 and um 14 where Cermak at seen body the Um 21 Miller then you bruises Yes. the Hospital were sir. did 10 12 there from days Doctor after you were later right Urn after being treated you taken then was taken to Now statement was Daniel Doctor Division One after taken and by this typed Miller One. Court reported up was picture I.. Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 22 of 71 PageID #:1099 PT taken you of took She When you two pictures of say she that me was the Court reporter Yes the One second have THE COURT lady that time. Judge. nothing further. Cross-examination. EXAMINATION 12 MR. REUCIZERT 13 Do 14 15 you still MR. JOHNSON 17 MR. REUCKERT No Exhibit in front of whats been marked 19 One. 20 right Now youve 21 What 22 You that is Yes. did have here. Im 18 24 the you 16 23 have as showing witness Petitioners Exhibit Number testified you you the recognize that say sir testified that you recognize what I. Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 23 of 71 PageID #:1100 ii Thats officers statement you Urn. Thats you statement you the fleoorter was sitting down PD when gave taking the everything down said didnt the police the right Urn. Cou rt to gave told he person that the me to with agree said was he that everything he said. 10 110 11 talking 12 you the After he was When was man told what you that 18 Thats what 19 Wait minute. 20 telling me 21 sornethi ng 24 to you Well your My every tell her here answers me talking were you Yes. theyre were you down taking what to agree with what say. 17 23 When Reporter was to iiie down tak ing 22 I. the telling 15 16 Court this is saying were 13 14 question My the Court Reporter saying were correct statement is. Thats time yes when he and it right answers ri when said agree says the when with answers Correct man was say it. in here Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 24 of 71 PageID #:1101 Thats what told They Isn that told They Did you Did 10 COURT MR. JOHNSON 13 referred to 1.4 One 15 Pena if MR. .1.6 that it. it 18 Its answers 20 MR. REUCKERT last question. identified the were balking what in theres the room. answers the voice from Daniel questions. want just Thats the all witness Im to asking for. question. COURT 22 is for Petitioners Number statemenL from need there individuals other heard THE asked these think stipulate where 19 21. Wait. understand we no it say it. say minute. question. simple Dv to else somebody or it REUCKERT answer the 24 say to dont this in voice 17 23 U. tlie said say would 12 you Wait Theres about. what me think argument. it. say you THE say me told They to rae it Isnt said. you think Well questions the way himself as hes answered. do By in an you the this remember being way statement Assistant strike that this lawyer States I. Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 25 of 71 PageID #:1102 ii Attorney right No. He said Look on the defender. public was he first page of Petitioners Number One cant COURT THE read. cant too Not 11 12 it him telling 14 Record 15 Assistant 16 credibility. the dont not you think read at all its probative of What 19 MR. REUCKERT 20 THE COURT 21 MR. REUCKERT Eleven 23 asked 24 answer was this of if Attorney. youd yes goes to as what Fine the person is on aii his Petitioners Exhibit One says said. Judge. Perhaps remembers that. he Would Exhibit been It lawyer rignt lawyers identifying himself important as 22 the Public Defender and States as hes saying Judge hes COURT THE is Can REUCKERT 13 18 good. says. MR. 17 too read. good. COURT TilE what read cant he REUCKERT MR. 10 said lie given Do you you turn to Page remember being anything to eat and your Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 26 of 71 PageID #:1103 P1 Urn. Do .2 allowed wished to to Urn. remember being you asked were you facilities washroom use the and your answer was if you yes Urnurn. Do allowed to you remember being asked were you smoke cigarettes and your answer was yes Yes. When l0 the 12 police some of it officers them like 13 Umum. 14 Whats 15 Yes. 16 And the physically one your or two about did any of your answer was right answer question was abuse you and Yes. 19 And theyasked said just smacked part mistreat you 18 20 the to gets me you you few did any of answered what times. did them yes right they do. You Correct Urnum. that 22 Is 23 Yes. 24 Those correct are all your CA answers arent they Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 27 of 71 PageID #:1104 I.. ii when the That was When they told lady asked me Okay but you me those told are this police the if it Wasnt talking. your at hurt the end rae. arent answers they Yes. And were 1.0 the arrested. next And you The 1.2 did you next when that was answered yes. Is you that they just smacked me 14 was when you 15 yes 16 When 17 When was said he you And after he next you question answer was your took in you in the any room. way. And no 21 Thats 22 You answered 23 She didnt TilE COURT the said smacked were mistreated you Have 19 times was getting arrested. when When 18 few asked arrested. were is say question 1.3 24 is right What 20 question lady if no mistreat got she lost rae. there. mistreated me. you Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 28 of 71 PageID #:1105 ii MR. REUCKERT mistreated you The asked you mistreatment. Thats 12 No. 13 The 14 No. would 18 You Court no reported Court Reporter say said answer of the no was answer are these would She that isnt they beat it with they that. but because her agree it of answer that. your told to this and stop that and if beating me. didnt just cie type it up dont 19 20 the testimony the your not with agree 17 you statement because this rest wanted me 16 answered And remember giving you And 11 they took have question didnt 15 was question way. that your cia giving 10 next urn. And you any lady that Urn Are in its statement The She 21 could have know wrote what anything this You did You initialled sign she could on the didnt have wrote. statement. you 22 23 24 you it on every page didnt Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 29 of 71 PageID #:1106 11 Urn urn. Now didnt went you bond to Court that night you When 23rd The went 23rd the cocaine For Delivery of The Urn night controlled substance. of was the night 14 did give you gave this right Nope. 13 3rd the urn That statement caine. the right .. 12 for gave this they statement the this 15 You went 16 For delivery of 17 Same 18 Urn. Urn. 19 You talked to 21 You talked to 22 Yeah. 23 In 24 Urn. to night bond took yes 23rd. Court that night controlled substance. correct I. lawyer there didnt you 20 fact Urn. you the Judge signed there bond didnt you Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 30 of 71 PageID #:1107 Pi.. condition didnt this of bond. your signed you you No Yes. show you whats Exhibit Number One for Iri as Peoples Do you to going Identification. that recognize Thts marked been conditions of the bond your right Yes. 1.2 Your 13 Yes. 14 This 1.5 Yes. 16 You 17 the 23rd signatures the was didnt that the you tell that lawyer in beaten that night did had been No because nobody 24 didnt police the of night you did told it wasnt me Court bond you not to tell nothing. They 23 the beat didnt 22 23rd police You 21 the Judge 19 you of that No. that night right bell 18 20 that on put me just in told the rae bull to pen. be They quiet took me they right Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 31 of 71 PageID #:1108 in and front they of the took with me There sir. You were nobody else them other were No was The Judge. the the Judge again. people only Court in person one only oond me gave There went up. this Judge was lockedu. Court Reporter Yes. 10 Deputies 11 Yes. 12 Judge 13 Yes. 14 Clerk 15 Yes. 16 PDs 17 Yes. 18 You 19 had been 20 21 24 like there didnt tell of one beaten by Police told me not question is this the those people you police to say nothing Did you to nobody. 22 23 sitting My tell anyone that No because the police told me not to say Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 32 of 71 PageID #:1109 anything to nobody. When 24th they took Urn been the beat didnt way how times they many did you say you face the four kept times five dont times. hitting me. times of several hours .. Over 12 Yes. 1.3 All 14 My 15 You must 17 Big bruise 18 Do the in face face side of have had right right ribs oetween my lot of cuts my on legs. your face on the JOHNSON 21 MR. REUCKERT to 23 they jail nose. taking your picture 24th MR. 22 between my remember them you 20 24 the Yes. 10 19 County Jail on picture or They Lot 1.6 Cook to your in Three remember. went urn. .13y had you on the Yes May 24th see it Counsel You remember when they took your please you picture went didnt Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 33 of 71 PageID #:1110 Show Exhibit Number Two whos tecognize me. Thats the Urn. Urn 11 13 el1 took picture they Cook County Jail of you the right right before taken saw you that didnt doctor the examine you the on 25th the In 16 Didnt 17 25th 18 It 19 day was 20 was on and night. he examine mean what the way when time got you Gamboney they were putting you Yep. in the the on you dont Friday night. Friday when the By Beuke was it. 21 24 you picture ricture was 15 23 Do wasnt it No. .22 that People uit. 12 14 Identification. for into 24th This doctor marked as been Urn. The 10 in Thats night you went what you or to 25th know hour. the were what. know it County Jail. there talking talking witness quarters to you to about Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 34 of 71 PageID #:1111 I.. II Not Urn were Thats what beat you Yes Yes 12 That me up By from the all at the time the Court You station 19 way did to get didnt you Thats after 20 agreed with them to 21 everything that 22 call. My the you station police 17 24 or the Gamboriey you had the Hum 23 did Beuke do. bruises that these talked you youre Beuke to and did. 16 18 tell to State Reporter took pictures of Instamatic pictures. 14 15 wanted me tile right 11 1.3 he testify for to you about Gamboney quarters did. And 10 going didnt You talking witness but urn. You police jail in police station didnt call when is the he did to get call Margie Eom the you Margie agreed sign question did with them. police when statement and let you me have call the Margie phone from P1 pa Cr P1 Di Cr Di Cr Di Di Cr tO Ui p. pa Di Cr Di Di P1 Di Cr Cr Cr Di PU LI. U. Di pa PU Li. Cr Cr Di Di Di Cr Ui is PU to Di PU PU RiO PU .-. Di to pa I- Di Cr Di Cr Di Di P1 Di Cr Di P1 Di Di Cr Cr Di Di Di Di Cr P1 Di Cr Pt .0 Cr Di Cr UI Di l.a pa Di .0 l. p. Pj Di Di IC Di Di Di Cr Di Cr yr Di Di P1 Di Di Cr Di Di Cr Di Cr in Di pa Cr Di P1 Di Cr Cr I- Cr p. Cr Di P1 Di Di P1 P1 Ph Di p. Di Di Di Di Cr Di Di Di Di Di Cr Di yr in Di Di pa .Di fl PU pa Di Di Di Di Cr Di I- Di Cr Cr ..Q p. to Di pa pa Di Di Di it yr to Di Di Cr 0% Di rr ..a Di Cr P1 Di P1 Di to pa sJ P1 Di Di P1 Di Cr Di P4 i- Di Di UI P1 Di Di Di Cr oa p. l. tu P1 P1 Di Di P1 Di Di Di Ito P1 Di Di Cr Di fl Di p. ri ph Di a.Cr I- Di Di P1 Di.Cr Di Cr P1 Di Cr p. Di Di u.. p. gt Cr Cr p. Di Di I- yr Di 00 .a pa p. in pa %__./ Di Cr Di p. in Di Cr Di Cr p. I- Di Cr LI. pa b.._J Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 35 of 71 PageID #:1112 Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 36 of 71 PageID #:1113 I.. Ii permit the He Central. in Ten would gave me was in He Minute Oil he were question. ride bar the. ride ride. and 10 my ladies. were going of one We left took bunch of arrested me 12 said officers police jd and theyre going to Mc Cartney was 14 Urn urn. 15 If 16 Thank 17 MR. just JOHNSON were had have for me with there couple him and was living give me Bloomingdale and other they cocaine. They cocaine. right moment nothing parked was asked whole there have have hit when rIght could you. him to charge me 3.3 lady my along they car oar this asked thats and Bioomingdale his car tne in Bloorningdale where down and sitting and In to Central because thats at to Change. me give you Judge. further. questions. 18 19 RE-DIRECT 20 BY 21 MR. EXAI1INATION JOHNSON 22 Daniel 23 Ill show you what was marced as I. 24 Peoples Exhibit Number One for Identification. Is t CL c-I- it CD Ii Ui E-- H- Ci t F- CU ID c-i- CD rI H- Ci it CD H- it HCD Ci Ci c-I H- c-I CD it ID i-s ci CD It II it rF HI 01 CO it C1 t NJ tO CD Ci CD rI CD i-i o- H- ci Ui CD HI NJ P- NJ NJ Ii Ci i- NJ Ci CD Ct CD Ii CO ll CD c-I- NJ ci 0- c-i- I-I c-I H- .0 H- rI ci- CU -3 HI c-i cz 0- HI H- I- HI 01 __s. HI II1 Ci it CD Ci II Ct i-I c-I iti Ci c-f c-F H- CD c-i- 0- Cl c-f CD c-I ci CD Ui CD i-s c-I H- Ci CD c-i II CD CD 0- it I-i it c-i- rI i-h c-I c-I CD c-f Ii .0 c-I CD i- I- c-i- HI H- CD tO Cl CD rI c-f rI H- ci CD NJ rI Ih I- c-f 0- c-I CD .0 H- H- tO CD I- Ci CC CU c-I CD it it CD c-I 01 c-I it Ih ci- i- CD ii Co H- HI I--h H- ci HI Ci H- c-I Ci c-r I- .0 Qi HI 0- it ci ci i- Ci ci NJ HI Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 37 of 71 PageID #:1114 H- H- CD -o i-3 L1 lj CD CD I- CD CD .0 H1 U- Cu H- CD rt Cl CD 13 H-i Cl I- NJ ci I- ti 24 ri Zi -.J t CD rt rr Cl Ci i- ri- CD -..- H- t o. I--i CD -- rt- H- Cf t- Cl CI CD H- Cfl H- lii t Cl H- Cl r Ci -r Cl CD I- Cl -n H- t H- CD CD H- CL rt r Cl H- CD --3 Cl Ui Ia -. 1-c Hi CD CC CD r i-i- Cl H- CD 1- rEJ rt Di r1 Cl r1 Cl H- CD CD LO NJ -3 CD LC Cl C. ii rt II hh H- Ci Cl -s CD rr t-h CD Cl CD Cu rf CD Cu -.O H- H- H- CD CD CD CD Cl Co Ct CD CD CD cn Cl II Ci_ r1 Ih CD Cl H- -cI Cu H- -0 -. U-I ci frh CD Cu .- ct Lj H- ri Cl CD .CD Cl CD CD 11 CD H-i Cl H- ii Ct Ui LQ H- Cl CD r1 Cl CD CD CD rr II Cl CD r bh Cl CD Cl NJ t Ct t Cl H- CD Cl F- Cl Ct n. CD Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 38 of 71 PageID #:1115 Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 39 of 71 PageID #:1116 Yes. MR. told you JOHNSON that County Jail Thats taken was two when picture the made you Lhey into it Cook later right days Yeah. oicture see for bruising on got here 12 1.3 the where this got On the COURT where you and this bump that see the side side of picture. the of left bump left On nose my right at hand. your there right thats here. corner nose and forehead. here Yeah. 18 19 MR. those 21 Daniel do you know how you got bruises A. the JOHNSON From police Miller officers the that whip beat me station. Did 24 white Honor. the between In 17 22 and point to you here right me on black forehead 16 20 will Your Let here Up 14 15 COURT that face your there right THE Judge the Right 10 picture that On you show these bruises to Doctor up in Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 40 of 71 PageID #:1117 Yes. .113 Did 1. these ru you Doctor Iiiller date before this picture sir And the I. you were up werent Urn. Urn. yes no COURT THE here at States t.he was Attorneys you have 10 got ises Yes Office how you tell sir more questions. re-cross Any 1. 12 RECROSS 13 BY 14 Mi.. EXAiiINATION REUCKERT 15 I. Well 16 17 paper you were Thats 18 What 20 The 1. you what 23 24 $750 to get what they Judge bond He to understand out they understand You 1. 22 you told when said. that didnt you bond on signed this you r1i-ats much of it bond. for right me talked to you and explained was told appear .me in if you Court. get out on bond for to Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 41 of 71 PageID #:1118 have THE COURT MR. JOHNSON further. nothing Anything further further Nothing witness this of Judge. You THE COURT may step Thank you this give THE COURT MR. JOHNSON to THE you COURT mentioned You MR. JOHNSON 14 THE COURT the MR. 1.8 dont All before right call to point what think it series that Hows Wednesday Im Hart Judge should are on my the doctor. Judge. date can we resume next We can COURT 22 MR. REUCKERT week long. But there is right after. Tue 23rd that. try Could District Four. in start to going trial starting too Lake of THE 24 want this at Judge 21 23 dont Not JOHNSON Wednesday 20 rest to hearing 1.7 19 going earlier 13 16 Im Judge motion. ii 15 lawyer my Yes. .I 12. excused. down. Can 10 youre Pena Mr. the it 28th29th or 30th THE COURT Im going to be on vacation after Case: 1:04-cv-04992 Document 50-9 Filed: 12/03/09 Page 42 of 71 PageID #:1119 rr I. CD Co La NJ c1 Cr cC I. t CD rt Cr I1 0. cv ID Cr Fa CD I- ci NJ NJ .- CD cC F- Cl K- Cl CD CD -3 .d .ti r\ 11 cC H- CD Cr ci ci Cl 3. La t CO Cl -J It CD H- t Ci -3 rt Cl Ci CD 01 Cr I-s t I-s CD -J Cr -J La Ci F- Ct CD I- Ct H- CD N. I-a. In H- -J a. ii CD l l I-s Di CD CO CD Ct Di Ci -1 I- ti CD II CD Ct t .11 p-a UI NJ I-i F-a II -3 UI iir Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 43 of 71 PageID #:1120 Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 44 of 71 PageID #:1121 lT be arrested. Yes sir. After were you arrested where were you taken Grand and taken was Central. Police station Yes sir. After subsequently put 10 Yes 11 And 12 who After arrive else was of mine holding cell with. the in 17 Prior Daniel time some sir to about being earlier that Pena 19 Yes. 20 And did any bruises 22 No he 23 Did taniel Pena Pena way had Bent Daniel did Ramirez. Daniel Pena also holding cell that in Yes 24 you sir. 16 21 were holding cell in friend 14 18 there taken you 13 15 were you over hours later. did arrested you see evening notice you did five whether or not Daniel not. limping appear or to he anything hurt of in that ny Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 45 of 71 PageID #:1122 nature No. When was in Right And were About taken down 11 hours was it until you holding cell five houcs later. was processing. this was middle of the the night early morning hours 12 Right right. 13 Thats when 14 many least after So 10 how this in correct that Is that 22nd 930. about about down put hours. evening the arrested January were you Daniel Pena Yes sir. 16 Tell the Pena 18 to come into subsequently in came 1.5 17 then you when you saw holding cell how he Judge this that Daniel appeared you. Lets 19 THE COURT 20 MR. JOHNSON 21 sayafter 22 January you were try About time. for how many arrested on hours the would evening you hours of 22 23 Right. 24 You then after several hours .8 were put in Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 46 of 71 PageID #:1123 1.1 holding cell Right. Prior where were you to oeing in the was while they had me were were So No Do 1.1 12 were you Yes 14 About 15 It 1.6 cell what about time holding nigh that clock was what the to hours. watch it on the room when was cell it was time oclock approximately about was So of how before Daniel 20 is were long Pena down this in the came there now at in you into the least the in the holding cell three hours. early morning hours the 22 Right. 23 And 24 few They up. do. was And 1.9 21 clown writing me morning. 17 1.8 me there But little room in wearing know you 13 me for room. you sir. taken had processing little in station police they holding cell in put Pena come tell into the the when you saw holding cell how he Judge 9. Daniel appeared to Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 47 of 71 PageID #:1124 1. you aopcared He swollen. forehead His and then his head were all head his on the he Yes Did 11 He he was was lump he told me left side too on bruised red the side left felt lunuD his then arid on ribs he lift lifted REUCKERT 13 THE COURT 14 MR. JOHNSON He 16 1as it the he open specifically he you show to it old me stomach. Object. Ill was or and it from aching 15 shirt sir. MR. it. permi.t told He like going making any you this was he aching holding his noises show to he was pain Right. 18 19 was 20 him up. telling me Now 21 22 before 23 cell 24 had wearina 12 17 nose red. as 10 his he after either you At was He least was two pain. aching this or in Mr. that haonened Pena hours. 10 left could they how the tell. had long beat was holding it in Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 48 of 71 PageID #:1125 Who left He left He was Yes I3 first. Who took him out The turn key Ybu were still still From No. 12 Did did you Yes .1.5 Whose 16 His married to there. any Mr. Pena leaving the number you phone phone numbers of phone number sister Nancy his did Pena you know thats shes cousin. Daniel Pena ask you to call his sister 20 Yes. 21 After the 22 of 23 cell 24 charge of there in give know in sir. my Did 18 19 man prior to he holding cell the relatives 14 17 of the in now holding cell 11 13 out taken sir. was 10 holding cell the 23rd Mr. how About Pena long two left until hours in you later. 11 the left early morning the holding Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 49 of 71 PageID #:1126 Where Cook were Yes Jail sir. And were 1ight So floor in taken County. the To you Court to morning trat Court. to would this taken you that have been he on first builciin Yes. 1.0 Do 1.1. Branch 12 When 13 of the 23rd Yes 14 15 Q. know you Who didyou did 18 relatives house And 20 Right. 21 Did 24 you Branch to of the 25 is Court the in morning call telephone make call called all where 19 23 name sir. parents 22 came you 17 know the 25. First of .6 what was. Nancy his inform her to you see Daniel And my home have further my his sister. of Daniels Pena any didnt. no let called then morning No1 to questions. whereabouts more that I. Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 50 of 71 PageID #:1127 IT CROSS a. EXAMINATION BY REUCKERT You years. Ye friends with I.. him sir. Im sorry Yes. 13 In 14 Yeah 15 What fact youre were you 18 Yes. 1.9 Did 20 No MR. JOHNSON 22 THE COURT 23 F4R. RETJCKERT cell with youre good related to married to him sister. his arrested for controlled sub-stance. controlled substance deliver you say somel-iow arrested for Delivery of same to cousins my 17 24 safe right Yes 1.2 3. I. be it was I. ten s. Would 10 for Pena right that Is Daniel known youve say to it Object police officer Judge. Sustained. Danny Now Pena .1. you were werent you in the Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 51 of 71 PageID #:1128 Yeah was Same lock-up Same lock-up. There the in same iany cells are cell. down there arent there Yes. You werent arrested with him were you No. But 10 same cell youre yet with telling us you were in the him 11 Right 12 How many 13 One other 14 Whats his 15 Daniel Ramirez. 16 Was arrested with 17 Yes. 18 For he the people were in that cell guy. name sar druq you charge right Right. You 20 21 arrest do No 23 You the street know circumstances the of his you 22 24 dont dont. know don with his what arrest do happened you out there on I. Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 52 of 71 PageID #:1129 No. THE COURT MR. REUCKERT Pointing the at didnt You Defendant. see him prior to the arrest saw him bar. bar the In the in Right. What time What that oclock. About 10 was time were arrested you o.u 12 13 oclock in the Right. 15 Yu dont 17 lie for all you know right think MR. JOHNSON 21 THE COURT 22 MR. REUCKERT When 24 Thats all got you happened what have 20 23 know until three to according could dont 19 him again see ILorning 14 18 I.. didnt You in fight in the Dar so. Object. Sustained. left You the dont bar know. 15 he know wasnt that beat up. Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 53 of 71 PageID #:1130 I.... You left you was Tie left left did the time Whens he the time 10 he dont oclock know 17 18 Other 19 No. MR. JOHNSON 22 THE COURT 24. excused. MR. bar saw you br the You him about eight happened to him right arrested. got that nothing further. nuestions. No more Thank you may JOlINSON what 330 and than 21 23 the ed in know he have 20 arrested. that. You between. bar bar the leave he last Before that 16 930. at the got you. 13 15 when tell Before then between in was leave he did 12 14 he bar couldnt 10 bar me time 7hat oclock at outside. Pardon What bat arrested from the was When the step Mr. down. Jamie 16 Rivera. Youre 830 Case: 1:04-cv-04992 Document 50-9 Filed: 12/03/09 Page 54 of 71 PageID #:1131 I. Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 55 of 71 PageID #:1132 MR. JOHNSON remaining MR. in Any the objection to Mr. Rivera courtroom REUCKERT Not hes if not going to testify. JAMIE witness examined and 10 DIRECT 11 BY 12 MR. testified your 16 Jarnie Velez. 17 Little 18 hear to was duly sworn follows as EXAMINATION State 15 Motion the JOHNSON 14 I4 called on VELEZ name and speak up so we all can you. hear bit louder Mr. Velez. Counsel has you. 19 Jamie Velez. 20 Spell your last name. 21 22 And 23 Yes. 24 Are Mr. Velez you related do to you know Daniel Daniel Pena Pena ._ H- ci N- CD Di ri CD p. NJ NJ ri CD it it it Co CD it NJ p. CD i--i Di ri p. Di NJ it Dl Ci CD it- Di it- p. i- j- CD I. p. H- p. Di p. -0 H- it p. CD i- Di Ci Ci H- it CD Ci it CD Cl CT it hh Di Di -. p. it ii CT ii CD ci it H- Di CD ci CD Co i- i- Di tli it r cii Ol CD p. CO it CT CD 1Q p. it Cl ii Di Di CD rU Di it Di it Di CD p. H- p. -. -D Ii NJ r-s Di Di it it CT it it Ci LO H- Di CD CD Cl it Di it Ia H- p. CD CT -3 i-3 CD Di i1 CD it it CD CO CD it it H- -i H- TJ p. CD Cl i- i-b -Q t- i- cii H- p. Ci Cl Di Cl ii H- it it H- Di CD i- Ui Di p. II CD it CD it Hit Di it p. CD I-- -i Di CD ii i- hi Ci CD it H- 7i Ci CD ii CC Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 56 of 71 PageID #:1133 Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 57 of 71 PageID #:1134 Hess And cousin. my do where know you Armador called you from Its think it from was from be to got Over 25. County the there was Jail. or Central and Grand Avenue. He called somewhere you in custody Right. Called you 10 Yeah. 1. And 12 with Armador 13 14 He the did same Daniel was 16 Right. 17 Did 18 We 19 Who did went else was Grand and to go to wife My Grand and when 22 Whats 23 Nancy 24 Who went your over there and you with wifes Pena. else 19 Central Grand and say you 21 .. then you had Central. and at you where Daniel was Daniel that Grand 15 20 learn you told me conversation from the you did lace collect me. name Central Central. we who went with Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 58 of 71 PageID #:1135 Daniels his uiother his and exqirifriend. Now when Central did Grand and Okay Youve at -- to to got exactly go you went we where there went you speak we so up all can hear you. went We talked to 10 Daniel wasnt ii and police the there Were Daniel was no 15 Was his and police mother told her that him to 11th already took plain when the officer said there uniformed police this officer or clothes 17 Plain 18 And 19 They clothes police. did they told us indicate where Daniel that was he at 11th was and State. Now 21 22 was 23 about 24 floor the they longer Right. 20 first and there you 14 1.6 the State. 12 1.3 to this do you know alout morning afternoon when We it what evening was went in the afternoon. 20 time Do of day you know Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 59 of 71 PageID #:1136 This is 23rd the on Right. And after officer when police longer there did Okay police with and two 10 level 11 Yes. 12 Is 13 Sure 14 Is 15 you the at happen and up that it that seen we looked was no to Daniel Pena him. Theres up. second closed in glass you looked is. where up and saw walking Right. 17 Was 18 He 19 Police officers 20 Two police. Did you he was sure 22 Did 23 anything alone with or with another get good other people police. look at he look Daniel. did. anything unusual the District 25th 16 24 then walking with say there Daniel this finished talking almost we police You anything with you told he looked we conversation the about -- dd him 21 to have Daniel Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 60 of 71 PageID #:1137 looked He His face swollen. was couldnt When was he was He beat you up know know. limping you He walk. hardly individuals like looked you were you did up with did other the also they up look Yeah. Was looked He walking 10 police around told policemen and and he Theyre Right. 18 Did that said back when and saw him now they he talk way he was why the was there. to any upstairs taking him to 11th saying now theyre going to take you have conversations any with Daniel day 20 No. 21 Do you 22 other family 23 Daniel 24 you understand there go the him 17 19 then say dont wasnt hurt was he time that at State. 15 16 he said like and you Then 13 14 us Did 11 12 anything know whether members had think whats any her 22 or not any of conversations name one girl the with got in Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 61 of 71 PageID #:1138 touch with him and Do know you SI know you him. was when that think was Maggie Do talked to her when she name. got touch in with him Same went night over They were there. talking. Did Pardon 11 Did you 12 Yeah 13 And to Court for Danny next day he was the on went to Court And the did next you day. learn he then had went to the Cook County Jail 18 Right. 19 You Court or A. have when he THE any went conversations to COURT nothing with Daniel Cook County Jail Np. have 22 23 then go this 16 21 Danny urn. Right 20 Court for uo 15 17 to me 10 14 go later subsequently or Did you strike that. learn you further. Cross-examination. 24 23 in Cl Li CD rt rt Cr H- Ni Cl -I CD Cl Di Cl CD Li Lii CD Di Cl Ni CD 3- Cr -J CD rt Cr Cl I-. Cl Ni CD CD C. CD CD Cr Cl NJ I-ti CD Li CD I1 rr Cl Ni Ni Di 3- Cr Cl CD Cl Cl .j Cr C- H. Cr Li Di CD Co CD Cr Lii Cl II Ni ..i CD Cr Cl- P. CD Cl- Di Cr C- P. Lii CD -J Cl Ni CD Ct Cr Di Cr t.n Cl P. .tj CD Cr Cr Cr CD Cl Di CD I-I CD -i Lii Ni c1 Cr 3- _2 H. 1- C- Cr Cr CD CD Cr Cl Ni rr -J Cl Ni CD Cl CD Cr CD Cli Cr CD Lii Cl I-. 1-I .D CD CD Cli CD H- I-. CD 3- CO Cr LQ I-.. CD Cr Cr ID Di CD CD Cr C- Ct Ct CD Lii -3 tLi cli Ni Li I-I -3 Li C- Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 62 of 71 PageID #:1139 Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 63 of 71 PageID #:1140 What 3. The what went to You went No. We When did Didnt and saw 11 12 what to Court. Court came over testify you here 23rd. right Court went just the Court. to to after work went and to Court thats mean. Did 14 i-Ic 15 Did 16 When they 18 That was 19 No 20 What you go never you Court to went go to Court. Court to tell me to come nere over did. it You 22 the was Right. day wasnt it it remember by dont Court same wasnt. day cant 21 24 went go you night that you 13 17 Court to it Wasnt you. station police the in him asked just never never 10 Court to go you 23rd. Thats We did day memory. remember what day you went to Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 64 of 71 PageID #:1141 This here the is brotherinlaw your over sitting Defendant Right. Youre married to sister his Right. How have long married to been you his sister Three dont You 10 to him do years. JOHNSON 12 TIlE COURT 13 MR. REUCiERT 15 You 16 Right. 1.7 Now down on the Object bad happen Judge. dont. dont. this area first Yes. 20 Theres you Do sure 19 21 anything see Overruled. sure 14 18 to you MR. -- want in floor big right the. police station right desk down there there 22 Nodding 23 You 24 Yes head. have sir. to answer yes or no. isnt youre Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 65 of 71 PageID #:1142 And work behind uniformed police theyre desk that officers that right Right. Thats who brotherinlaw Urn went yOu Pena Danny to talk to about your right urn. You have to its from answer yes or no Yes. And 1.0 you saw him walking 11 Right. 12 lies 13 Right. 15 Hes 16 Right. 17 The police 24 behind oeople These to you never 22 23 the you say correct isnt second floor The with windows some right hes walking with are uniformed officers 20 21 on there he 14 18 that is walking desk.down this uniformed police saw one them we with talked officers Danny to we you talked Pena never saw him him. He had to be at least at least hundred I... Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 66 of 71 PageID #:1143 p1 feet from away Probably hundred wouldnt you say you like something more less or like feet. At least hundred behind feet some glass right Right. couldnt You talk could him to you No. Couldnt 10 could hear 12 rle was 1.4 Urn urn. 15 Youre between walking two police officers feet away on 17 second floor that his 18 Right. 19 You you cbuld see first floor up telling us hundred 2. say to audible. not 16 20 had he you Response 13 anything could the face see he the way was was from to the red in lot of pain couldntyou can see he was 22 From hundred feet away 23 From hundred feet away. 24 Did you talk to your walking. sister about coming Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 67 of 71 PageID #:1144 here today talked robably would Did her to talk you was she working. She following Court day. the come but Armador about testifying to today asked And him could he if Danny testify for come today. right Right. Did 10 looked like talk you he in was about maybe you should he say pain juSt 1. 12 MR. JOHNSON 13 THE COURT 14 MR. R1UCKERT Go You told 17 The truth. 18 You got here to Right. 21 For 22 Urn 24 say Armaclor hold. of sir. what to say your brotherinlaw urn. have nothing he saw. further. Thats whatever Armador to testify today 20 23 ahead him to 16 19 Judge. Overruled. told 15 Object come he it. saw down I. Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 68 of 71 PageID #:1145 RE-DIRECT EXAMINATION BY JOHNSON MR. Did you tell him to you lying you telling the today lie No. Are today No. Are 10 sure From 12 what 14 where Yes A. am. looked Danny THE COURT 17 MR. REUCKERT 13 THE COURT Youre MR. 20 get 22 and 23 continue 24 to the it able to see further. you excused. have anyway. up. Mr. You Velez. may have Judge Petitioner. finish are Nothing. Thank of. it you Anything further JOHNSON hold 21 were like nothing 16 down. you sir. have 15 1.9 you saw 11. 13 what exactly Judge two more You ste step down. doctor couldnt civilian witnesses Were going to we could have If may have to short date Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 69 of 71 PageID #:1146 THE CLERK MR. JOHNSON Honor on statements Id date. just on rested had Court the asking be to in is my may if last motion on the able to reopen be. stipulation. for COURT THE Very leave allowed Petitioner well. to reopen. JOHNSON MR. will be It Pena 12 parties byDaniel 13 Johnson 14 through his 15 Miller Mi-l-l-e-r 16 medical 17 2800 18 about 19 THE COURT 20 MR. JOHNSON and South the by were employed at Cermak California he he That right leg to 25 treated testify Health Services 25 January Daniel ig86 Daniel petitioner Daniel the on Doctor if ig86 at at or pena what January Daniel Pena as this 23 treated January That that to called he Michael Illinois of that Randy Rueckert if 150 A.M. State the of the between attorney his through and by stipulated People Assistant doctor 21 24 motion of Mr. Rueckert I.believe this. Honor Your 22 in the middle are we back. the 10 representing Daniel pena. Michael Johnson Your suppress Pena. Daniel Pena knee. He at or He pena. here sitting claimed stated to about him that he 150 would identify in open of pain was A.N. hit court. in by the Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 70 of 71 PageID #:1147 police about that and that the was right doctor The ago saw nose the in hit was thigh been the able beat nose police by up and the right sore. very trauma no hadnt he patient stated in hit hours twenty-four thigh 4. he to the to urinate The groin. since last night. The nose and bruise to doctor bruising some the found right there and to tiny abrasion very tenderness was the and hamstring. I. THE COURT MR. JOHNSON 12 MR. RUECKERT 13 MR. JOHNSON 10 14 and some 15 right Give abrasion Tiny Tiny Im bruising again. Tiny sorry. arid tenderness Also as far as nose -- laceration to bruise and right hamstring 18 milligram tablets and also 19 urinate back for an come And 1t and signed would 21 mark 22 petitioners number 23 objection to it 3. being dont have he treatment to 24 the laceration. 17 20 to nose the to the hamstring. 16 the that me the him hot gave phonetic motren If stated you towels 600 cant examination.1 Miller. by Doctor your Honor. report believe Mr. admitted into another copy Rueckert evidence your as has the Honor no report. This is Case: 1:04-cv-04992 Document #: 50-9 Filed: 12/03/09 Page 71 of 71 PageID #:1148 ji the only copy THE have. COURT Is It there MR. RUECKERT THE COURT Petitioners will be will be exhibit admitted number into 111 12 13 14 15 16 17 18 19 20 21 22 23 24 as into evidence as 3. said evidence Number 10 evidence. objection Whereupon SI into any objection No It admitted and follows document was received as Ptitioners Exhibit is in words figures and