1 1 IN 2 THE FOR UNITED THE STATES DISTRICT DISTRICT OF NEW COURT MEXICO 3 4 UNITED STATES 5 AMERICA, Plaintiff, 6 7 OF vs. YUSEF 8 1:16-CR-2917-JAP CASANOVA, Defendant. 9 10 11 12 Transcript of Motion Hearing before The Honorable James A. Parker, Senior United States District Judge, held in Albuquerque, Bernalillo County, New Mexico, commencing on Wednesday, April 5, 2017, at 1:37 p.m., and concluding at 3:44 p.m. 13 14 For the Plaintiff: Samuel For the Defendant: Brian A. Hurtado, Esq. 15 16 17 A. Pori, Esq. 18 19 20 21 22 23 24 25 John De La Rosa, CCR United States Official Court Reporter 421 Gold Avenue, Southwest Albuquerque, New Mexico 87102 Phone: 505.348.2249 2 1 (In open 2 court.) THE COURT: 3 seat, please. 4 This 5 versus 6 please. Yusef 7 Hurtado 9 table for is Mr. Mr. Casanova THE in this who Yesterday, there 15 like discuss 16 Let file me a written 18 Honor, With He is in We're were with here two to Mr. Hurtado, to Yes, sir, judicial 21 sentencing statistics, which 22 also document objecting 23 THE 24 Okay. 25 first two objection the COURT: Why motions ATF day their the a America appearances, Samuel government's agent Honor, to and the Brian discuss motions 46 don't that to the United Yes, have you yesterday's 20 filed of Have lead Pori for two filed motions. that I would you. response of at Your additional States notice States afternoon, me an session. person. 19 an in state good afternoon, appears MR. HURTADO: filed United counsel States. Good ask court's case. COURT: 14 to Your Johnson. MR. PORI: 13 17 Would United Rusty afternoon, 2016-2917, Casanova. the investigator 11 12 Number MR. HURTADO: 8 10 is Good I we were I have an Your Honor, defendant's motion Sentencing document to opportunity to motions? did. States is had 45. the to United take Commission's The government -- these begin with filed: to here, Mr. thank Pori compel you. discussing disclosure of the the 3 1 confidential 2 allegation 3 informant of racially MR. PORI: 4 motion 5 prepared 6 the 7 reply, there 8 someone 9 and to who someone 10 is 11 this 12 providing 13 allow 14 fee any is case this integrally inducements, that 15 THE 16 have 17 information 18 informant? he would COURT: discussed 19 to do you MR. PORI: 20 say 21 with 22 explained 23 with 24 methamphetamine, 25 informant that Mr. respect the that manner in to That the would sale of not but that connection he with regarding think the we the indicated our tipster, activity, don't think there informant in activity, making promises that would receive a would finder's blessed. "presumably," What from provided I'm the informant in finder's fee. a could put ounces the supplier, you confidential Mr. methamphetamine, pricing sure specific methamphetamine, a in criminal he the I think the confidential or a criminal I to we're pleadings. confidential receive be respect informants: client. sell weighing the as in in that say expect did of you I involved. the quote, your the he believe with Casanova to involved presumably When this of involved be, of obvious, that With informant, categories case Honor. basis peripherally Mr. Casanova or Your the fairly three is in was it on information targeting. you, integrally who doubt that make are provide confidential submit pleadings to based Thank disclose to and fact did That Casanova wasn't familiar of confidential and if he were to do 4 1 so, he 2 for that 3 told 4 we 5 sufficient would him that say 8 supply that he to he 10 THE COURT: was And be the that would defense So you expect by your of the client given a finder's fee confidential support entrapment That's basically in or informant the claim that inducement entrapment. confidential that your informant client did not make arrangements for with someone second motion to 14 THE 15 MR. PORI: you COURT: 20 THE 21 confidential 22 participation COURT: 25 date of in connect him who a did. sir. I can discuss the if you like, Let sale. me an Yes, All stay with entrapment Your for just a moment. defense? Honor. right. to this say What about do your you expect client's the resistance to this? overtures the would Okay. informant MR. PORI: numerous Yes, contemplating MR. PORI: 24 to he -- 19 23 that COURT: could THE And it? MR. PORI: 17 sir. essence, 13 we Yes, COURT: 12 Are believe to the told commission, 18 we establish 11 if and expect demonstrate MR. PORI: or would methamphetamine. 9 16 he would. would THE 7 -- activity, believe 6 be That to Mr. the try to confidential get Casanova Mr. was informant Casanova to unresponsive. made respond on the Ultimately, 5 1 Mr. 2 informant 3 need 4 he 5 been sleeping," and 6 been sleeping Casanova to asked, make says, 7 answered In "Where this "I've the the offense, Mr. 9 with a mental health 11 knew 12 inducement that 13 persuading Mr. Casanova 14 Mr. Casanova 15 THE 16 confidential 17 18 at COURT: How informant 19 THE 20 MR. PORI: 21 we're talking 22 23 THE there any 24 25 I've been to and I Over is at one point, he says, "I've the tape is point, that he's time homeless, that he was diagnosed and this of so time of addicted was either the upon in that methamphetamine. were maybe between the there? specifically, as but many I know as 10. there frame? three 4 days. to any of resistance by The statements I sleeping," that relied sale fact conferences client June in informant and free there or was informant speak what from facts, recorded think he confidential receive your two that In expression -- the those many Over COURT: We at broker can't and about MR. PORI: working, I COURT: doing? that the of to expect six, you show confidential could least was that known the MR. PORI: were and have from confidential are says another will disorder, to should The What Casanova inference Casanova methamphetamine, been? At evidence 10 or Mr. call. car. fact, the this have working." his 8 you happen." been in telephone these those June The 6 recorded your of time 2016. conversations, is client? related, were of period "I've captured been in the 6 1 conversations. 2 3 THE want to 4 do COURT: Was 5 acknowledge 6 entrapment 7 have to 8 this offense. 9 criminal in my No, duty defense show that Mr. history, like be was has "I don't the arrest, arrests for different shoplifting, 13 Surprisingly, or not 14 perspective, all of 15 Mr. Casanova will 16 was predisposed 17 sell 18 was 19 to 20 Mr. possession narcotics, and to take overcome his Casanova THE those really in use the advantage inherent of a his procure COURT: Did an defendant to commit long from more substance, on dismissed, 2010 than 10 burglary. your and showing so that he was not -- the confidential addiction not will including needle resistance could the has depending were sale that period Casanova narcotics, that the controlled thread will predisposed offenses, cases to court I extraordinarily surprisingly, have to of Mr. Honor, because not an of 12 the difficult particularly date Your to and different 23 candor Casanova 11 22 of Honor. Mr. Casanova until 21 Your will 10 able anything this"? MR. PORI: the there to while predisposed to sell he to informant methamphetamine so that methamphetamine. any of the prior charges involve methamphetamine? MR. PORI: 24 controlled 25 again, they I substances are believe were possession, they did. consistently not sales. The prior possession methamphetamine. But of 7 1 2 THE COURT: MR. PORI: 4 that 5 him was for some over six 7 MR. PORI: did the defendant when the two know his COURT: THE 10 date. 11 informant How 12 14 consult many the time he That was Mr. 4th. with And I I Mr. 16 the 17 7-Eleven informant 18 were 2010, of the so the in prison, and that he had known sale. regular source Casanova's was of supply? consistent source of believe they may have met -- have to on the 24 actually 25 fact, who met informant, the I'll date could the of have that the the sale a I moment very on on first June that. time 7th at he met a Albuquerque. did the the and of ATF defendant or Honor, Johnson, source call I informant where Mr. if represents videotape was date? other Your it confidential each MR. PORI: appears that the critical know How 23 before and the not COURT: confidential defendant was did THE 22 2016 they in a of that station compel 7 know gas 21 June the Casanova confidential 20 then did meet Mr. Casanova the at before was times actually June 15 to time And COURT: MR. PORI: until met yes. 9 13 of years THE supply, They period 6 19 long supplier? 3 8 How the we undercover have as confidential I believe but could supply. agent, identify it he was met of Mr. been name our motion -- to the Johnson, someone was John source agent? informant have His part his by John. the else, And side in of 8 1 Mr. Casanova's vehicle, between 2 ATF undercover the 3 as 4 interaction. 5 THE 6 John, who and John 7 vehicle, that's COURT: 8 been 9 discovery, no he was 11 supply 12 named 13 both 14 license 15 presumably 16 been subsequently 17 that aside 18 subpoenaing 19 telephone 20 for with -- it And because he plate of in videotape the client supply ever come THE represented 24 being 25 government that an up to to COURT: don't about whether the would you he to vehicle and introduced of told the himself the law enforcement the state the I John is. know from the him. He that that scene by if telephone Casanova had a Mr. done other time with John, agents, who could means Casanova, and the whose parole, records called the arrange vehicle and no tell He's not individual undercover through of he in did would the probation request have than, through obtaining repeatedly to the arrange scene. Okay. Let respond of able to me first the defendant be as who personally captured Mr. some far position direct that asked individual Mr. Casanova's to so identified the been interrogate was known not and it's our number 23 was drove from Why to number was time. has informant John. 22 He effort confidential 21 source your arrested, 10 John Has Casanova's is? MR. PORI: -- audible Mr. hear to from the underlying Mr. things facts, provided information identify the Hurtado that the supplier. this Mr. Pori last from at one which the 9 1 MR. HURTADO: 2 United 3 refer 4 States to that No, the Your reason as John was not to identify John and locate 5 is the reason 6 indictment only 7 8 along THE certainly 9 why with COURT: law speak 11 conduct 12 for the him Mr. Mr. enforcement could have Your As I Honor, only as 13 I would be 14 testify 15 is record speak made the 16 THE COURT: 17 Any objection 18 MR. PORI: 19 THE 20 MR. HURTADO: 21 United 22 23 24 25 THE and be Well, No, COURT: States calls COURT: sworn. to Mr. ATF was not whom was the I will not him. joined of able That in the statement his certainly it of matters, to to license don't ATF identify would these Mr. facts number? want tried to to this benefit have that the court, Johnson so that there wishes. might be helpful. that? Honor. don't Yes, Mr. If that Your Why I try some court to position arrest gotten instructive perhaps if to John. more the to Pori's understand known a John the individual that order about individual and in is Casanova. inquiry it was What agent. it this person exhaustive think an that arrested this MR. HURTADO: 10 Honor, you sir, I do that, will. At then. this time, the Johnson. Johnson, please raise your right hand 10 1 2 RUSSELL after having been duly 3 BY 5 Q. Sir, one 6 A. Russell 7 Q. Where 8 A. Special 9 and Explosives. 10 Q. Very 11 A. My 12 laws as 13 that fall 14 Q. How 15 A. Approximately 16 Q. Do 17 A. I 18 Q. Now, are 19 in 20 A. Yes, sir. 21 Q. Is Mr. 22 A. He is. 23 wearing 24 25 sworn, DIRECT 4 testified as follows: EXAMINATION MR. HURTADO: more do you Mr. Johnson? with the Bureau agent well are as our us your name. you prior Casanova law this Casanova. and any of Tobacco, federal other ATF Firearms firearms federal crimes agent? years. enforcement experience? for two years with the defendant case, present He's sitting red an officer in violations and-a-half familiar indictment Alcohol, duties. laws been eleven any of jurisdiction. you a parole the your investigate have have us narcotics within long was give work, briefly, tell you please Johnson. duties the time, in next that the to in being Fort Mr. courtroom the left who of Worth, is Yusef right I'll stipulate that he's Texas. identified Casanova? now? defense counsel jumpsuit. MR. PORI: Mr. JOHNSON, identified 11 1 MR. HURTADO: Now that 2 will 3 Q. 4 came 5 A. 6 that 7 Q. What 8 A. A 9 Q. And 10 A. An individual that 11 on the particular confidential 12 law enforcement. 13 Q. And please 14 A. The confidential 15 station 16 individual 17 That 18 confidential 19 Q. Who 20 A. That 21 to 22 that 23 the 24 sources 25 provided identity has been stipulated, I continue. (By Mr. Hurtado) to know Mr. Yes, sir. had met is a ATF in is CI 3302, had identified the court how you been as an Joseph individual Mosley. informant? various I informant that had had his a reasons, works interrupted quadrant he different informant, before provided met of an on telephone behalf individual for of you. Albuquerque. source depending at a gas The methamphetamine. number to the informant. that as individual? Joseph Mosley through Cash provided initially supply the we for southeast individual, of tell informant. continue individual Mr. number a confidential stated identify please CI? the was CI, individual confidential what you Casanova? An an Could met for Mr. the telephone Mosley. to the Mosley. "Cash" CI. Mr. informant we're was street During with Mr. a the the Mosley methamphetamine. confidential number, name conversation, stated Mosley phone able that he had later number for an 12 1 individual 2 named Through obtain 4 Mr. 5 that 6 methamphetamine methamphetamine, Mosley. he Mr. on to as that as 9 referred to as 10 was to identify 11 that able we with Curtis, Curtis the CI as Casanova. a that that was a Mr. Mosley informant Through Yusef for law Casanova as to individual for provided a telephone individual being Mr. Casanova as he databases, connected possibly Mr. referred 15 history 16 had 17 narcotics, robbery, 18 including murder. 19 Q. Based on that 20 reference to Mr. 21 A. on Mr. Mosley 22 acquire methamphetamine 23 arrange a transaction with Mr. 24 Q. Can you time frame more or 25 A. June contact that Mr. the NCIC. give telephone number to Casanova, At felony was an enforcement 14 6 to information source the with Based had unable I to number. identified several was firearms. associated in identify. that he 13 Mosley to provided stated Casanova confidential telephone Once able information, number the weren't then well 8 to we and Mosley referred Based 12 who conversations 3 7 Curtis him that as time, I convictions, possession information, and the I of that did that his Mr. you and other decide criminal Casanova distribution narcotics, what fact queried observed including being to of arrests, do with Casanova? us the a first telling and the CI firearms, that Mr. Casanova had the CI I could attempt to Casanova. less? Casanova had with our 13 1 confidential 2 Q. How 3 A. Because 4 there 5 messages 6 system that I have 7 verify that there 8 Mr. Casanova and 9 Q. In other words, 10 the CI could have 11 communication 12 A. That's 13 Q. Based 14 Mr. Casanova, what 15 A. Once the CI 16 him that he had 17 ability 18 discussed. It 19 and ounces 20 together. 21 Q. 22 confidential 23 A. 24 have 25 office do is the you know there an app and on to -- on that we can telephone was the no on it where to. So that that's informant's tracks recorded therefore, unrecorded all contact text on we're phone, the able to between CI. are you saying contacted being confidential put calls access the that Mr. recorded that there Casanova is no without in some way? communication that the did talked a many two of decide Mr. the to way that that rifle ounces upon of for exact into Mr. that Mr. sale the were number, as with Casanova as well rifle informed as A would would cost there between the price cost was $100, $1200 the Casanova? reports discovery had methamphetamine. methamphetamine and CI do? Casanova, communications generated as to agreed informant well you sawed-off was don't have as date? is acquire two been the correct. Now, how I informant. but that well as I do were all know turned that over recorded those to phone your calls 14 1 were 2 discovery. 3 Q. 4 as 5 placed When into So our all evidence of those and are say "communications," well as any text A. All of those 6 Q. Have you had 7 messages and listen 8 A. Yes. 9 Q. You 10 respect 11 Mr. 12 having 13 informant 14 inducements to are Casanova. opportunity to and all Mr. or on MR. HURTADO: 18 Mr. and Casanova 19 THE 20 he 21 messages 22 there observed or were to he an Well, anything by the to 24 MR. PORI: whatever phone say any phone calls Yes, calls in this to of the or text case? court with promises this between case the to after confidential knowledge, calls not a for I his were there CI any the that conclusion. does a understand to legal conclusion. for messages, Is a legal what listening Mr. the inducements arrangement text of Casanova? know as all earlier your Mr. inducements. MR. HURTADO: discussing to review knowledge That's up 23 25 were to should COURT: any to the Objection, set reading mean arguments your promises 16 agent, of Casanova, MR. PORI: case I communications 15 17 all alleges Based reviewed in recorded. an he over messages. Mr. Pori's what turned documented. I heard also deal. you're recorded whether the with drug it, He's in asking if phone his opinion it? Pori? Your promises Honor. he heard I have or no objection statements he to him heard, 15 1 but 2 inducements, 3 THE for him 4 understood 5 he heard 6 7 then he would COURT: you or characterize were rely on a that there legal were no conclusion. Well, the way the question asking for his personal was asked, opinion about I what read. Mr. Pori, do MR. PORI: I you have transcripts and copies of all that? 8 9 to don't have 10 them THE with cross-examine 12 Q. 13 answer 14 A. 15 viewed 16 Q. 17 to 18 anybody 19 A. 20 instigated 21 Q. Who 22 A. Mr. Casanova 23 Q. How 24 A. Because he 25 and I don't know (By on be them in discovery. I today. let him state his opinion. more time, Agent You can that. were reviewing there any provided No. provided So one Johnson, please question. Yes, there in been here I'll Mr. Hurtado) the Was me COURT: 11 have else The to on that promises the form phone of -- of or inducements calls or the consideration Mr. Casanova behalf only did? no the Casanova by at either a that text all CI I heard or messages. that or was going yourself or government? asked for a finder's fee. He conversation. Mr. Casanova? did. so? asked, the "Make exact sure quote, you but give I do me a finder's recall fee," reading a 16 1 report 2 well 3 fee 4 introduce 5 are 6 plug, he 7 compensation for introducing 8 that and then 9 ready." the CI a as for few minutes when the I listened plug, their commonly request which source referred wanted to be 10 Q. What 11 for a finder's fee? 12 A. The 13 Q. Taking 14 knowledge, having 15 reviewing 16 going 17 informant? 18 A. Absolutely not. 19 Q. Why say 20 A. I've 21 there 22 know if 23 this because 24 conversation like 25 transaction, I was did CI ago did as well to the is common of to as a told in a step or drug And to in Mr. a as finder's they individual, they referring some his times when sort plug. "Whenever to for dealers another CI CI, several asked provided the further, listened to messages, forward with any reviewed any to response text ever for it to his of He you're initiated ready, Casanova's I'm request nothing. this you he plug. the the do read call, supply blessed do as the ever Mr. phone Casanova, calls express transaction with any the as to your well as reluctance about confidential that? the text reluctance I should did do I want this, messages, or don't a bunch that. there "I of Then phone don't make want me money." obviously, personally for do calls. to do this, this, There that, I'm was during Not once I only was don't doing no the and again, there 17 1 was 2 aggressor 3 Q. Now, Mr. Johnson, 4 one of 5 only 6 A. Yes. 7 Q. Why 8 A. They 9 two phone no hesitation. during whom as was the Do these did not you to 11 Curtis 12 never 13 myself. 14 Q. 15 with 16 A. The 17 and then all 18 and text messages. 19 was all 20 defendant, until June 21 Q. With to 22 Mr. Casanova, was 23 I 24 A. That's 25 Q. Can a to the CI any met you you of phone phone not or Mosley and the Mr. Mosley details calls, calls of texts, firearms ever He the with to the make known provided didn't transactions. the CI CI, or contact but to in person Curtis? communication never simply informant. of the other arrested? exact or individuals, met and in with person at the Allsup's, was via phone Curtis face to text messages, same confidential informant and calls face. as with It the 7th. ever a agreed firearm upon and what some would drugs. correct. please the two once the stated say, to Mosley He it would that? informant Mosley rest respect Joseph crimes. the Joseph the I reference confidential narcotics Joseph through believe any confidential either as with handful provided Did do was, remember the have had made individual 10 anything you commit numbers he transaction. identified Curtis. were Actually, again specify what that was? be sold? And 18 1 A. Yes. 2 one of 3 for $100 4 confirming 5 Q. 6 investigation? 7 A. To 8 Q. Did 9 A. Yes, we did. 10 Q. How you 11 A. On 12 arrangements with 13 Mr. instructed 14 on 15 and 16 video 17 Q. Did 18 A. Yes, I 19 Q. Who 20 A. I 21 Q. Who 22 A. Confidential 23 Q. Which 24 A. The 25 pickup During the phone and Based that on you the did June the Tabo CI and set up the CI confirmed Casanova would methamphetamine price the would what be was at sell for the us end do a rifle in this $1200, $1300. your next step transaction. that? confidential Mr. Casanova the the CI southeast to recording the informant to conduct to meet quadrant the him of had at made transaction. Wienerschnitzel Albuquerque. Wienerschnitzel, outfitted Myself with equipment. there in a vehicle? did. was driving? was. was in the truck. passenger seat? informant. passenger only of that? in go Mr. information, traveled you of total 7th, the Casanova call, that ounces that do phone calls two actually Juan the seat? passenger seat. That was a two-seater, small 19 1 Q. Please 2 A. Once 3 were made 4 time we 5 confidential 6 when 7 was 8 heard 9 informant continue. we arrived to call decided Mr. to to asked Mr. transaction. 11 to 12 Santa 13 Q. North? 14 A. North 15 phone 16 suggested 17 were 18 little familiarity 19 agreed upon 20 share 21 Fe Mr. to a away in back to confidential the then location on he put the the so Mr. Casanova would at This like whatever the area said he could be confidential to else that and staging informant, somebody -- attempts Myself background. where Casanova answer, operation. transaction. Casanova from because the that parking myself 22 cover 23 informed 24 orange-ish 25 shortly. team, it was -- I'm with the and southeast Lota' lot then the the place recommending So the didn't several conduct on the the phone direction is. call a the He driving the somebody 10 us were called conduct talking Wienerschnitzel, discontinue informant to direct the Mr. Casanova. Casanova ready at Lota' the And meeting that informant Avenger and area so it and that that he hear -- I the I that but was they had a ultimately 7-Eleven which location. informant, area. could inputted the Burger confidential to I I Albuquerque, Blake's traveled Dodge from area. be so because that confidential red speaker, Burger not would the on quadrant. Mr. he along with Casanova would would be be my had in there an 20 1 Q. Did 2 A. He 3 minutes 4 Mr. Casanova 5 Q. Once 6 with 7 A. 8 of 9 him. 10 rear 11 and he appear did. I after he Mr. both Mr. While did. I the was approximately confidential seven informant to 10 arrived, location. either rolled yourself 14 searching 15 was. 16 unsuccessful 17 opened 18 back 19 grocery store 20 be of for rear or Mr. Casanova he 23 Mr. Casanova 24 observe 25 to came and what getting sat us the CI make contact or got down, I thought in the I the for he side he was of met Mr. my driver's "what's up" Casanova at undercover time, was of of side to the vehicle a I was the vehicle, me to it being trunk, he pulled back Wal-Mart the or standing appeared get in side bag butt Mr. After his plastic what to cloth. for the in to was know for. was talking and didn't vehicle, passenger had we it were vehicle looking his where sort informant his retrieved from the the said exited whatever motioned in out, trunk what some then window, on Casanova. At inside, that parked confidential driver's sack got Mr. the looking towels and to popped seat, reached the vehicle. the didn't tell 22 down something. in Casanova informant and Casanova, he the Mr. myself myself Mr. us the did Casanova's 13 full at it Casanova? Confidential He say and arrived vehicle. of to myself introduced 12 21 want planned? arrived, Yes, we my as of in a of his back my truck, vehicle. lap, firearm. Casanova my handed I Once could Just me a prior small 21 1 item, which at first 2 was in the 3 magazine. 4 purchased, I 5 a 6 which 7 handed 8 while 9 himself, getting Ruger And .22 I I the was rifle and him 11 provided 12 then 13 placed 14 Q. 15 interacting 16 informant? 17 A. 18 back 19 confidential 20 going 21 so 22 CI. 23 Q. Why 24 A. Because 25 and make he much him I also both of I of to that it's a small had the but with asked firearm. the the a step back in Mr. Casanova, and Casanova informant, my had with him you want to cut wanted to be all I future said agent a was directly, out the the one arrangements. been in to he cut cut. then it I I asked then funds, and and I my truck. bit, as you were confidential the vehicle at the informant, instructed get his cutting confidential would that phone I'm number out the informant? deal with in hand of effect that my magazine firearm, the The goes Casanova $100. seat was try was the outside already if I I that in as firearm that the cashier little where and him He back Mr. but small rifle him it for a magazine that vehicle. Mr. Casanova deal did the just Mr. could ATF was, magazine hand asked cost. informant to I magazine items as actual I statement would it ammunition. that confidential talk I prerecorded those Now, taking The the with retrieved it me loaded rifle what recognized So the $100, I rifle. made the recognize handed recognized inspected how he caliber 10 didn't vehicle, once noticed me I him 22 1 Q. Now, earlier, Mr. 2 and Mr. 3 Mr. Pori 4 to 5 referring the Pori can stated source 6 to correct that of videotape. 8 informant introduced 9 videotape will 10 source supply, 11 name 12 in the agent that the and the MR. HURTADO: In its Your of not to source I I the here, believe introduced believe is clear, the you that was source supply we have a confidential of introduced of correct supply. show agent I'm but and record does hope informant case, the I wrong, source supply. himself told the The to the agent his John. that 13 withdraw 14 Q. (By 15 Mr. Casanova 16 from 17 A. Yes, Mr. Casanova 18 out the 19 the methamphetamine. Mr. 20 few minutes. stated 21 7-Eleven 22 undercover vehicle, 23 myself the 24 a short 25 a soda. question, Mr. Hurtado) Mr. I'm this so videotape show and confidential Just 7 was if Casanova's MR. PORI: of stated, me the supply Mr. The Pori in the Casanova, estimated and and time Then He buy time then later Mr. of the stayed from to you any drugs multiple arrival of Casanova that Once CI in the Casanova United your after there sodas. CI back vehicle, made the States will Honor. Going were case, Mr. got the interaction retrieved phone calls his source was in going to go returned to exited front Mr. find for be into a the the seat, Casanova provided his to supply would the and of it vehicle. 7-Eleven trying that Casanova back firearm exchanged? stated he the with vehicle us and returned each which with again 23 1 was 2 we 3 supply. parked made 4 on small After Mr. Casanova 6 was showing 7 bear 8 passenger 9 car to 11 and 12 had while a a to few got out I myself name. While he was 13 small plastic 14 methamphetamine. who was in then Mr. 17 with 18 vehicle, 19 seat. 20 truck, handed 21 weighed approximately 22 price. He 23 just 24 ready 25 ounce, and Casanova's vehicle Casanova. the Mr. Casanova one the confirmed ounce, he until later, again, so the appeared to time front later, the methamphetamine, 27-something I a Mr. in front could still $600. that the other ounce funds were with $600 prerecorded up, a my supply with a observe seat of a exited seat the agent of and my it the it wouldn't ATF his passenger Since for of minutes discussed was him of weighed, We the attempted front passenger I at be couple price provide I respond his he between Casanova which grams. in passenger for individual to not and look source that stayed stated the did of pulled car. I he the walked vehicle, where to vehicle the the returned vehicle, he in unknown his and to source vehicle was down, and vehicle, Casanova's got A short in my the my unknown thought hand windows for vehicle, Mr. Russ, his 16 me I walking individual leaving of mace an unknown side his exited exited later, the to name Mr. I so my That minutes, time had waiting me, and him 15 were bear of bag we He of passenger introduce side. bottle A short the told talk it mace. and driver's waiting 5 10 my was be one cashier 24 1 funds. 2 Q. Was this occasion 3 had met with Mr. 4 A. Yes. 5 Q. How long would 6 was that 7 A. I'm not 8 period 9 would strictly 10 drove up 11 Again, with 12 the 13 vehicle 14 Q. 15 express 16 deal? 17 A. Absolutely 18 Q. Did 19 deal? 20 A. No. 21 Q. Did 22 A. No, because 23 anything 24 is, 25 He Casanova you first in say time the confidential informant person? your interaction with Mr. Casanova day? of sure time to how Mr. be guess the a moment a good with During any long when 7-Eleven, and his then source those the 20 recording Casanova that that portion I of the from in that the maybe Mr. Mr. was a good 7-Eleven. moment being that There the departed, time of was is. Mr. 20, This Casanova 30 minutes. Casanova Casanova inside was in the supply. to 30 minutes, reluctance to you about going forward with this did Mr. Casanova ever doubts about going forward with this not. he express he appear any nervous when criminal. again, neither began the digging in we We scared first were myself his or trunk you? arrived, just nor to the we making CI without hadn't discussed introductions. never being met Mr. This Casanova. prompted or being 25 1 asked. 2 We didn't ask where initiated looking for the 3 surprised when retrieved 4 and 5 gun's in 6 gun." 7 Q. 8 interaction 9 A. conducted the He What My he the was your demeanor 11 thanked him for 12 Q. Did you drink 13 A. I 14 Q. Did 15 A. Yes. 16 Q. When 17 "you're 18 A. I 19 Q. Now, with 20 you know 21 A. All 22 tried 23 he would 24 Q. Did 25 A. He drank he and we the get gun of the were so There gun where quick was is the actually and no out. the deal voice and demeanor dope. kind then buildup Let and soda. that of you calm, I think the part you gun, it very loud. see me tone was is. not gun, me we of went like, find He "The the started. like during your Mr. Casanova? 10 I'm Let retrieved with the transaction. car. just is I'm I like I friendly, would would say introduced say I'm not soda, did he it always myself, threatening. soda? that soda. drink thanked just it? him for the say anything like welcome"? believe did know is he me he me, "you're this welcome." other individual who showed name. up as tell He a him did passenger my name, in in the not. vehicle. He a hoping you? got came by, do him? myself, his ignore ignored to about introduce tell state respect anything I to he looked vehicle. that I maybe 26 1 uncomfortable, and I don't 2 he tried that 3 in the 4 Q. 5 that 6 A. 7 if 8 Q. Did 9 A. Yes. 10 Q. Why? 11 A. Because 12 he 13 friendly 14 the 15 showed 16 wasn't privy to 17 vehicle, they 18 Mr. 19 methamphetamine. 20 Q. When 21 did you 22 A. I 23 is 24 his source. 25 Q. Why to get by vehicle, and Based on your individual's It's tough he was was a it to up shortly but Casanova that was if in ever guy not? he the you and ask if cool, him of the in who the I'm that Mr. do couple you source with he you got think and with supply or Casanova. Casanova? phone calls. line, it whoever Mr. a this was in individual vehicle. I Casanova's minutes provided that Whoever was This Casanova's of of Mr. shortly. inside vehicle provided before me the methamphetamine, person was who just I would ask him is not going to grill anything, but a the here conversation for Mr. of hear be got what trade several end could then and when interaction. actual knew made would talked out he other I the narcotics had our there, that day? was that the they Mr. Casanova believe, your role that got standing experience, on said be and Mr. Casanova end would of expecting training conversation. other was end to to he the partner talking if that's say appear I know came your him on by? guy good, the name of 27 1 A. Because that's 2 Q. What you 3 A. In 4 people 5 you 6 caught 7 questions, you 8 Q. So 9 A. Yes. 10 Q. Did 11 who delivered 12 A. Yes. 13 Q. What 14 A. 15 ran 16 a 17 find 18 our 19 anybody that 20 license plate, whether 21 registered 22 Again, we didn't even 23 We had no idea. I 24 looked at dozens and 25 finding do the and by name you do, because the sound like arouse take any the The first thing we it, and came driver's license to owner more chance if is try what to want too people you you're enforcement to did back on was run a name to that that databases, the we don't many that have know of asking who getting too many sometimes. you are identify trying the to say? individual drugs? steps? connected so suspicion those it And steps the better law were the individuals enforcement. would you world, their what law it mean? criminal knowing are unnatural. particular was find it in was an Police that a for sure that of I if Department with showed stop find the up and that ran a or it with the possible his were day. we got could through databases, who guy's we We that anybody remember people we and John. Everybody traffic to plate, not individual, attempt knew dozens individual obviously associated know just license individual. Albuquerque could the name face, that car's John. was John. and unsuccessful we in 28 1 Q. 2 available 3 A. Yes. 4 Q. And 5 happens 6 A. He 7 Q. Was 8 A. No. 9 Q. Would 10 A. 100 11 Q. If 12 under arrest? 13 A. I would. 14 Q. After 15 did you 16 A. Yes, we 17 deal, June 18 had 19 to 20 methamphetamine, 21 He 22 I Would to for to say you to exhausted every try to identify of the record, purposes a white he not you investigative this do avenue individual? you know what race he male. arrested have because arrested him he was white? if you knew who he was? percent. you found you for called me that him that He was -- I he 24 transactions, but 25 too come sale later rifle we drugs with get it to timing the the well were would attempted in as stating with would that at a he never had a or place Mr. him Casanova, Casanova? same our able worked firearms Mr. two later negotiate with evening as only you The originally night up of deals Because again the was, conversations. me sawed-off but he future 7, he the to any ounce. who this multiple told long today had second for out completed arrange called 23 you be? was the be you date of stating deal ounces to was that he supposed of purchase the that second one. ounce. date. couple out, we of firearms whether didn't have he took time at 29 1 the 2 after 3 text 4 pictures, I 5 stuff 6 Q. For purposes 7 you say you 8 confidential 9 A. Yes. 10 Q. Why 11 A. Because 12 it 13 the 14 controlled 15 vehicle, 16 windows 17 Mr. 18 that we 19 that changed 20 well as 21 Mr. Casanova 22 the firearm. 23 Q. With 24 Mr. Casanova 25 or moment. that But is clear one going he was had but back several and a attempting of a this and to role know there including some other how were many days various he sent -- a me pool table, sell. transaction greater don't days, forth, safe I in with Mr. Casanova, participation than would the informant? that? as that soon the and are the money. up, he for I the again, would the as I was purchasing one introduced purchasing to As could soon CI is not phone as in Mr. the hear I firearm, was back so Casanova, I the Casanova our number Mr. the methamphetamine, the his was of the I could together. So hands went directly from Mr. to and myself. to about express the the any to methamphetamine The CI actual setting me up did not my I out all asked the the as from the narcotics communications you had with at that reluctance or deal, say did that and money Casanova went CI touch another was vehicle, our cut directly I made that in conversation, deal firearm that one got just respect time communicate, believe, of Casanova any did transaction, messages that we he he didn't or time want 30 1 to work with 2 A. No. At 3 weren't 4 acquired 5 and 6 didn't happen. 7 because 8 unable 9 Q. we you one able do Mr. which to do Then wanted Casanova another toys, attempted he longer? point to more any is the we to deal. He common deal, were conduct became stated street but unable the had upset for to because we that had slang for whatever do he firearms, reason, it it, and he was transaction, but we were upset to. You say 10 upset? 11 A. Based 12 get this 13 "he on was text stuff upset," message together MR. HURTADO: but what and Your we weren't Honor, motion to 15 States has no further questions. 16 would like to reserve Agent 17 on selective the 18 THE 19 MR. HURTADO: 20 THE COURT: That's COURT: 21 Yes, Mr. CROSS 22 BY 23 Q. Agent 24 A. Good 25 Q. Sir, you to respect informant, However, Johnson and think That able with confidential enforcement you communication. 14 disclose made for Mr. the he was he had tried do the deal. to the Mr. Pori's United United Pori's States other prosecution. fine. sir, Pori, thank you may you. cross-examine. EXAMINATION MR. PORI: Johnson, good afternoon, said afternoon, sir. sir. you don't know whether or not the to white motion 31 1 individual 2 supply. 3 A. 4 source 5 sense 6 Q. 7 sure 8 testimony, correct? 9 A. 10 if 11 Q. 12 point 13 was 14 male 15 A. 16 transaction. 17 Q. 18 informant 19 A. Correct. 20 Q. Cash 21 A. Correct. 22 Q. Do 23 friends? 24 A. They 25 Q. How I who Do arrived you recall don't know of And so if Yes. I he was ultimately Mr. brought the narcotics to you recall that the source was the is were you if Do supply you you you said recall that day. your testimony, asked of at the you whether supply, supply, brought black, know where you supply that throughout start of main Casanova And he black, Mr. of supplier. of is of source main the source Casanova's Casanova's source Now, we'll the Mr. Casanova's Yes, because supply. source Mr. Hurtado source testimony of was testimony? he where do sale the He you of obviously understand. as that point was ultimately Mr. the He he's he's if supply. that at or not referred in day. are I don't know up to the you knew if to this white 7th to correct? the narcotics beginning. on The June that confidential correct? not. know? not that correct? the the confidential informant and Cash were he 32 1 A. Because the 2 Mr. Mosley, he 3 individual, 4 Q. 5 with 6 A. Based 7 our system 8 confidential informant 9 informant is not from the about how long he's How do day that called here you the me confidential immediately, is his phone number, know the confidential informant told me, this is met "Hey, what informant I he was met this said." being honest you? on the phone where we communication, can track has phone no 11 known 12 confidential informant 13 relationship had 14 Q. You 15 A. I'm not. 16 Q. Where 17 A. From 18 Q. And 19 investigation? 20 A. I 21 Q. You 22 Albuquerque -- the Wienerschnitzel 23 I'm sorry. Do recall 24 A. Yes. 25 Q. And before. are not are And just from you known based and on Mr. begun, the to Albuquerque to him calls reason 10 lie like Mr. the said -- and lie. Mosley phone it they Albuquerque earlier, He or was confidential has if calls no reason he's ever between clear weren't with the The area. Mosley, that I old the that their friends. area. from? Texas, originally. where was were you most of at the time of this Phoenix? stationed talked stationed here about you your in meeting Albuquerque. up that at the in southwest the quadrant southeast of quadrant, testimony? investigation was focused on the southeast 33 1 quadrant, correct? 2 A. It was. 3 Q. Is that 4 anything 5 A. 6 to 7 Albuquerque 8 crime, so 9 we ATF pursuant like was combat spoke requested violent has when with it And 12 Where 13 robberies? What 14 the Every 15 called 16 an 17 quadrant. 18 Q. 19 question 20 that 21 A. If you 22 Q. So it 23 enforcement. 24 A. That 25 Q. And most?" I in part the come at top 10 or targeting into the or combat indicated come into department to include are Is you based U.S. Attorney, violent homicides, affects part of aggravated your quadrant, the war zone. based we And appreciate any sort would of focus focused that the to something in on information a you DA. the city? crime or as that, plan or southeast written in My guidelines quadrant? manner, acquired you southeast explanation. tactical on on on 2016, assaults, violent southeast So in your the crime, violent the said violent that most city referring just DEA, area years, to of there five city a the last for of that. that the the in the Albuquerque country number motion, was, was was plan least for police agency your appreciate you to For "What's highest to is try selected local them, your attempt tactical PD, BCSO, marshals, asked it in was the 11 to crime. been Albuquerque is any that? 10 we to from no. law correct? correct. are aware -- how long have you been stationed in 34 1 Albuquerque? 2 A. I 3 Q. So 4 ongoing, 5 A. I 6 Q. I'm sorry. 7 only 8 A. That 9 Q. And was only you here were temporarily here temporarily wouldn't while were to You were as a here sting in this last sting summer. operation was ongoing, at the from besides time that you to for five months were you correct? 13 MR. PORI: Albuquerque, THE went Objection, Trying to from Why 16 familiarity 17 Q. 18 Albuquerque 19 A. I had never been 20 Q. Okay, cool. So the 21 southeast quadrant. Do 22 Juan 23 A. 24 center, 25 Q. Your Where the place Honor, determine particularly COURT: with Texas? where when don't he his overall makes you ask him any prior relevance. familiarity references about his to -- prior Albuquerque. Mr. Pori) Do before you you have came to here for Albuquerque the remember five with months? before. Wienerschnitzel, you familiarity you exactly say was where it in don't know if it was maybe off the Tabo and Central. -- highway, I can five, picture six -- the the was Tabo? Juan you Albuquerque? MR. HURTADO: I was operation. Albuquerque you 12 15 it operation are stationed (By while months correct. where 11 refer this is stationed with five correct? 10 14 for shopping on 35 1 A. Ish. 2 Q. Is 3 central 4 the northeast 5 A. That, 6 Q. Okay. 7 this 8 quadrant, correct? 9 A. that the southeast dividing line And remember at the Wienerschnitzel place part 11 where exact 12 25, 13 area, not 14 Wienerschnitzel. 15 Q. 16 you're 17 of 18 A. Not 19 Q. I'm sorry 20 me 21 between 22 A. 23 that 24 was 25 went the I kind of the to of when you from that you to and you're heart that of that of or quadrant is and the the oath that southeast Wienerschnitzel but area I of, is don't say, the know 40 and the but we were instructed to portion Albuquerque, of of of Albuquerque Interstate I-25. of in mind southeast kind was my portion you in under in the a testified geographically, southeast go which Is that to is the south correct? description. misunderstood when said your that previous you testimony. understood it Tell as I-25. referring if to broad meant I-40 here, east I the drawn, that and if and Again, are refer 40 where town. lines referring in of consider being Interstate -- quadrant, southeast you southeast Just the yet 10 what between northeast quadrant? understanding So quadrant, I can't answer. took My the to the implying where we part that were Wienerschnitzel of the the city. Juan focused. that day, I Tabo The and wasn't saying Wienerschnitzel only the reason only other we time 36 1 we went to that 2 because we had 3 defendant, ask 4 Q. 5 when 6 to in your mind? 7 A. I would have 8 area. The 9 to west. All say one, that there. we But the area meet what I'm a look around at wasn't asking. southeast quadrant. 14 Interstate 15 moments 16 A. I 17 Q. So 18 I-25, mean to 19 A. not being from here, 20 in certain areas just for 21 major 22 40. I don't 23 from Albuquerque 24 I 25 25/40 I-25. that to you You made you recall the beat had you referring out Wyoming, this reference another Agent, is figure wall some that then with dead a box just back drawn horse, but with Interstate testimony which going familiarity to was 40 a you the and few ago? do recall help me the explain you in that know area split. that. to highways know Do sorry months, are to to are 13 testimony Central you in I'm try on indicated Again, to what map 12 what five ascertain, a Q. that's map Central, 11 As to to around No, sir. trying our Casanova, quadrant," There if Mr. "southeast 10 it during individuals, right. you the Wienerschnitzel terms run if use we I'm what were not the it my own are markers, easy to divide Albuquerque, the focused the exact what in is is obviously, is contained entire and Albuquerque There lines area I-40 quadrant. familiarity. delineate saying two southeast was through those to of those area, two 25 that you what area. within but it's and all the But 37 1 contained 2 Q. I 3 Do you 4 A. It was 5 Q. On Zuni 6 correct? 7 A. Yes. 8 Q. And 9 that within that understand, sir. know how at the near that A. I've never 11 Q. Have you 12 outside 13 A. I've 14 Q. So 15 traffic 16 station, 17 true. if 24 on Zuni by or to a would THE 24 hours 24 25 Mosley? road. an -- Allsup's how gas station, familiar are you with Allsup's outside gas station. or observed foot to determine traffic to long you from on that people able it to that who say station live has near whether or anything. pedestrian that not gas that's up Objection, Goes to separately the or relevance, selective take that Your Honor. enforcement, up now as but the we court prefer. 22 23 Mosley. correct? MR. PORI: 21 Mr. Mr. station? that day 19 that the parked say MR. HURTADO: take is station inside wouldn't be that It contacted station? 18 can gas focused hours you Is station Allsup's gas I were first contact Pedro. been never CI to San been that the came Allsup's 10 So CI a gas Allsup's gas 20 area. COURT: is the is full relevance of whether it is open a day? MR. PORI: African What American If who it are of pedestrian people who traffic in are and Hispanic out of and that 38 1 gas 2 that 3 either 4 individuals. 5 THE 6 station they 24 hours would are that's the be going THE black 11 entering gas 12 be 13 A. 14 of time 15 Q. So 16 black, correct? 17 A. Yes. 18 Q. Did that say could to the 19 into 21 not the would people black in and able or to to be they and the knowledge are targeting Hispanic original question, but five realm a proper of THE 23 MR. PORI: enforcement. 25 confidential if COURT: It is I that's is Why I can my informants save and this were who has are would you watch or of it any period not. established he's correct? Your be station day, we've in Honor. informant it a informants this? This is identities. this delving This is hearing. relevant? for understanding who hours true -- purposes would people not black, Relevance, gas true? did informant for 24 that's confidential 22 24 not that American confidential question you virtually Mr. Mosley use please. tell that. say confidential you to African station speak it, were whether not be I MR. HURTADO: 20 that the wasn't Restate If predominately I that primarily That COURT: 10 to think Yes. Mr. Pori) able of I question? 8 (By net COURT: MR. PORI: Q. day, aware to 7 9 a used the selective that of in this the five case, three of 39 1 them 2 percent 3 think that's 4 prone to were of 5 6 their get to the So confidential least other if they are informants relevant to a as selecting African suggestion 60 American, that it I might be when we enforcement. COURT: Well, you can either ask it now or motion. MR. PORI: I would like to ask it now if that's all What's your position, Mr. Hurtado? right. 9 THE 10 COURT: MR. HURTADO: 11 to 12 opportunity 13 to nevertheless, that to THE 15 Q. (By 16 A. We 17 Q. And That's after Mr. conduct my fine, Pori own Your Honor, concludes direct but here, I would have examination a with like full respect issue. 14 COURT: Mr. Pori) had 18 five were That's Did information three 20 confidential 21 questioning 22 only 23 to 24 was the that of may that Mr. Casanova, THE in not this COURT: five lead of into I Your the be. Pori I submit single it be is Again, of that who case to as confidential in all this is the that limited particular operation think Honor. identity should this every, ATF informants? black? may Mr. confidential informants. Objection, informants and use them circumstances involved you fine. confidential MR. HURTADO: 19 25 at American. selective THE 7 8 African is improper addressing they pertain informant that 2016. right for him to answer 40 1 about 2 Q. (By Mr. Pori) Sir, 3 A. Two are one 4 Hispanic. 5 Q. 6 difficult 7 as 8 A. 9 with the When if race say Depending a long 11 black 12 A. That 13 Q. I'm asking 16 disclose 17 It was three black Asian," in is tail, of them Asian, I guess an probably and then that Did two gets the American? at He longer was than Asian. us are into person African it. informants. black? and America. looking black confidential the appear light-skinned mine. Does he appear once again. to be Asian? would that be subjective. you, the this sir. THE I'm going information identity hasn't even 18 were considered MR. HURTADO: afraid different race Woods, he's or 15 19 of who pony Q. 14 be on 10 five "black question would Tiger the black, you he of been of who may I think object lead this established COURT: to information confidential that he's to I'm that informant may is. -- adequately described what appeared. 20 MR. PORI: 21 Q. 22 methamphetamine 23 A. Yes. 24 Q. And 25 point, correct? (By Thank Mr. Pori) This the with CI Mr. confidential you, Your tried to Mosley. informant Honor. arrange Is that called the purchase of correct? Mr. Mosley at one he 41 1 A. I'm sure he 2 Q. Now, you testified 3 law enforcement 4 correct? 5 A. We 6 Q. I'm asking 7 you testified 8 telephone 9 A. I 10 Q. And 11 away have did. database several about your about Do can you anything That question 14 what the 15 connected resources on enforcement you describe recall that to you have telephone that we can numbers, use. direct examination database connected that a when to testimony? is United 16 database 17 discovered 18 get 19 comfortable 20 disclosing as way States bit My as of the that THE 22 MR. PORI: THE best you can without giving specific asked only to court, Why and its goes is Mosley, criminal the government beyond direct response Mr. is Because the COURT: identify in information COURT: on that's talked from history. about how prosecutor, the scope of examination. they and privilege. I that about this there they would like works, to as the agent are could have used in information. 21 to too Mr. Casanova's database as Objection, connecting a little 24 that confidential? MR. PORI: used examination testimony a law numbers. 13 25 that's different MR. HURTADO: same direct do. 12 23 on the white Why it I relevant? think source don't supplier. you they of that supply. ask him if it could have been 42 1 MR. PORI: I'll 2 Q. 3 exhausted 4 this 5 A. Yes. 6 Q. Did 7 telephone 8 A. We 9 Q. Did 10 Mr. Casanova 11 you were 12 source 13 that 14 A. No, we 15 Q. You 16 that 17 using 18 A. We 19 Q. Sir, that's not 20 didn't do 21 though, 22 A. 23 tolls. 24 Q. So 25 and I can (By Mr. Pori) every white investigative use the numbers did not you of to make was do did your number not not have attempt Did have of not My my the but correct? to supply? telephone and trying effort to number calling to reach try to that while the obtain phone? phone. you would records agree that you with can me subpoena correct? Casanova's question. of you identify connected calling Casanova's Mr. to supply, source Casanova's methods, you that number. was telephone subpoena that. Mr. of to database white any phone, investigative did source 7-Eleven make Mr. to he examination available obtain the from his access to when you have the telephone front supply? telephone identify calling in lead direct enforcement his an on informant law have there that. testified confidential you you You do My question is you a things. telephone question is could have We didn't --- done I know you that, right? Could have when done you sit say here lot you today of exhausted and every consider subpoena investigative other his lead, you investigative leads 43 1 that 2 A. 3 front 4 BCSO, NCIC 5 Q. 6 exhausted 7 did that. 8 A. We 9 Q. What 10 A. I 11 Q. Okay. 12 A. Yes. 13 Q. Was 14 A. I 15 Q. So you had Mr. 16 A. We had his telephone 17 Q. That's 18 telephone 19 A. 20 somebody 21 Q. 22 tolling 23 was 24 outside 25 A. you I did exhausted of And me, exhaust, all and that other is an every Did correct? resources running excellent you do several that the I had license at the plate time in through APD, databases. point. investigative that days You lead, that but day, testified you June attempting to didn't 7th, that you say when you 2016? identify him. days? don't know Was it which it more more than can't speak And the including spent It was try an you a month months June 7th, 2016? after? that. Casanova's to after telephone number you reach know this I number, correct? that he had at that he was using white don't source know who the time. that of supply, he called. correct? I know up. records is than six And could have of called the days. assumption. showed of to right. to being It not gotten that while but telephone telephone, you 7-Eleven, possible, the and Mr. to see records, what Casanova the telephone were number standing correct? there is very little guarantee that 44 1 that 2 refer 3 source 4 vehicle 5 One 6 license 7 exhausted 8 attached 9 indeed 10 found. 11 Q. 12 exhausted would to that bogus thing we plates all car. and the are the source that car was that a He fair 15 just THE 16 about 17 associated the 18 19 license 20 individual 21 enforcement 22 see 23 white 24 fit 25 could who is that that then on to to lead of we asked a lot that we was know if individuals that license and of Once don't those the the Casanova's is testimony, on you car. plate vehicle, back, of belong. license your Mr. there don't any plate on that look we you plate? answered, Your question. let Did me ask, it I'm identify a little an confused individual plate? That There 40 bracket was individual brought at the you license plate that of that plate. the 25 to look cars supply's Well, associated age of If Albuquerque, on answered databases male, in to belong Objection, WITNESS: plate. not investigative license THE license summation COURT: with The registered MR. HURTADO: Honor. refer resources to identity. you did learned that every guy's plates, supply's was 13 14 us license of Is give to the years and them that 100 narcotics. the Based old, we the see if We on driver's was back not utilize what we for other anybody same that law owner assumed license the to the registered searched it came percent actual it. got to name was search with a to was that photos, so individual. I 45 1 Again, we 2 criteria associated 3 the the 4 Department 5 citation 6 Again, that tag, 7 looked 8 testify 9 vehicles to plates, 11 car. 12 sometimes. 14 the THE plate match 15 16 know 17 if 18 because 19 right 20 is it we they a Is the registered to 23 individual that 24 Mr. 25 driver's Casanova. is been with this fit then that we provided Police written license of a a traffic license plates, license on. plate. expired, in were to can't on switching it count case? I were putting thing this and plates People tough true would Because, picture to look Did plate again, on their on the that if it license we system was don't to active, be on year or two, so in that was the time. that not was the methamphetamine personally individual, see would a day the again, the individual that provided I for hands the on or but at plate expired changed and did, expired easier, of it license been license up have the it case, was vehicle showed license it had makes that this that it the it I -- if some that 22 And Albuquerque wasn't that In was. have if that vehicle? actually So the lot that COURT: vehicle, but 21 with belong plate it possible a license old we found, tag WITNESS: was the anybody car didn't THE how a person individual. to has number, but grabbing So out single unsuccessful. thing a that plate, driving was that 10 13 find while every with license and One through observed and it the was not to it 46 1 him. 2 3 THE owner could 4 COURT: loan THE male 6 Mr. 7 vehicle, and 8 vehicle, if you 9 going be hard 10 John, the to registered if 12 THE WITNESS: 13 the 14 came 15 was 16 parked, 17 up, 18 methamphetamine 19 that 20 driver's undercover, I and Who was parked, walking and said the family or the passenger as a passenger the white narcotics side of passenger connection to through That, I'm not sure. Mr. Casanova. talking next Mr. so it of kind walking he driver? between in had his got thing I Casanova's me, hand, out to caught beside to that in a them, it is the of me and and the my The knew was the car and where off guard. that's I Again, when believe passenger it had was side, my not as vehicle white When he role I male was I looked the cover team the side. 22 unidentified 23 THE WITNESS: 24 THE COURT: (By provided riding that supply the in THE Q. the of was and 21 25 simply registered owner. COURT: was of the else. source that out identify THE he are presumably someone The got don't have 11 in to individual you to guess Yes. Casanova, I believe so I vehicle WITNESS: 5 named a Well, COURT: It was your impression that there driver. Mr. Pori) That's Okay. Did you my Go ever understanding. ahead. attempt to speak to the was an 47 1 registered 2 A. No. 3 Q. Did 4 through 5 A. No. 6 Q. The 7 correct? 8 A. That is 9 Q. Have you owner you of ever your reviewed 11 A. I 12 Q. The 13 correct? 14 A. Correct. 15 Q. Has 16 A. There 17 Q. But 18 A. Sure. 19 Q. And 20 red, 21 A. Correct. 22 Q. Do 23 had a driver's side 24 vehicle, 25 A. here of this with the case license was identified plate captured that reviewed that shows extended cab? is seat not does videotape in number? on videotape, a you in driving the a back. an extended cab. Mr. Casanova is driving, you let's say preparation for your videotape. have you anyone today? videotape it in speak correct. testimony a to investigation interaction have vehicle? attempt 10 I the red, recall in Dodge Avenger, reviewing rearview correct? can't testify to that. the mirror Toyota Tacoma A small very described as pickup, one. an orange or correct? videotape taped that onto the the Avenger side of the 48 1 Q. 2 gray-colored 3 Civic, correct? 4 A. 5 other 6 departing, and 7 what 8 Q. 9 gray-colored All I right. And the foreign source vehicle of like can't testify to than the roof of tried to read vehicle it was. saw videotape, kind When just of you the foreign that. it vehicle. 11 Q. Very good. And 12 exit gray vehicle 13 Dodge Avenger? 14 A. I didn't say 15 Q. Red 16 A. I 17 Q. Did 18 enter Mr. Casanova's vehicle? 19 A. I did. 20 Q. And 21 correct? 22 A. Yes. 23 Q. And 24 correct? 25 A. you That's did I so you I saw was a or that backing I don't see that Honda vehicle out, recall exactly it a was I'm not you a saw and vehicle the expert passenger enter the by of any that passenger means. gray side of vehicle the red that. what? didn't say see that tag, Corolla time when in vehicle? Gray you arrived Toyota only was the A. Dodge a The 10 the supply that the person were not in true. I saw person entered the him who exit the alighted the driver's vehicle seat of passenger from on the the the side. gray vehicle passenger Tacoma side, pickup, 49 1 Q. Where were 2 A. I standing 3 Q. When 4 who exited 5 the red 6 A. Yes. 7 Q. And 8 videotape? 9 A. It 10 Q. Okay. 11 himself as 12 and you didn't hear 13 A. No, because 14 and he 15 Q. Okay. 16 the Dodge, correct? 17 A. Yes. 18 Q. Do 19 window 20 A. I 21 Q. And 22 correct? 23 A. I 24 Q. All 25 is now was the you? between person the gray Dodge, did do you should you do Do remember the that passenger approached the yourself introduction -- when the passenger to was person side of him? captured on the know you -- know you if said he he may did have not identify identified himself him? I remember me that a thinking the Dodge entered videotape being seeing that I gave him my name, name. individual remember the the introduce if you didn't give of vehicles. be. John. you exited vehicle know And And who the rolled the captures passenger the side passenger of side up? that. passenger side window of the Dodge is tinted, can't recall. right. seated So in the the individual passenger who side of exited the the red gray Dodge, vehicle and after 50 1 a 2 Dodge 3 A. That's 4 Q. And 5 talked about providing 6 a gram short of 7 A. I thought 8 Q. All 9 he period of and time, Mr. Casanova entered the passenger when he entered an it right. you of was passenger 11 A. Correct. 12 Q. And 13 correct? 14 A. Correct. 15 Q. You 16 A. Correct. 17 Q. And 18 A. It 19 Q. How 20 A. Because 21 Q. Exactly. Did you 22 you would two ounces 23 A. If 24 him how 25 so methamphetamine promised handed in Mr. your was a driver's your side vehicle, and to of your you recall of the correct? I'm you not know 100 that Mr. told you it was short, up on the next Casanova $600, the that was percent of it the vehicle, he about that? side make report, side methamphetamine gram. event, some he Do half any passenger with ounce. In the the 10 Tacoma sure. Casanova, pickup, when handed you correct? transaction, correct? police report, you said $1200. a typo. do you much an mistype 600 to 1200? I'm human. buy I had made side the correct. entered I exited a it pre-prepare of pre-prepared was, he honest report anticipating methamphetamine for report, have, would mistake. the have I had I would said $1200 $1200 on $1200? when instead me that at the I asked of 600, time for 51 1 the 2 on 3 Q. How 4 it some 5 type purchase the one methamphetamine, it that you other kind of 1200 instead of mistyped? mistake? answered. He MR. PORI: 9 THE COURT: and missed 10 typed it 11 A. did 12 1200. 13 Q. (By 14 to type 15 consider 16 typo. 17 A. 18 typed 19 Q. 20 time 21 A. Because 22 Q. All 23 alighted 24 the driver's 25 A. Yes. That and a typo. I he a key or type it. have Why? you Do was asking Well, should Mr. Pori) a 6 he I'm personally indeed Was Objection, indicated 8 I ultimately only spent $600 it you really know a how typo, you or came was to 600? MR. HURTADO: I but ounce. is 6 7 of Tell made a mistake. know why how can I and answer 1, he asked made and a mistake. whether he personally happened. made did Honor, -- typed a me human, whatever Why typed Your a mistake when I typed 600. you 2, -- it correct? wasn't that That's what you meant when you I typed 1200 when I what said should you went I it was have 600. Do you I'm going to you ask made that that mistake? That is the last question. I'm human. right. from So the side after you passenger of the gave side Dodge, Mr. of Casanova the correct? Tacoma this and money, he reentered a 52 1 Q. And then you saw 2 supply, exit the passenger 3 A. I 4 Q. Did 5 passenger 6 A. I 7 Q. Did 8 transaction? 9 A. do not you individual, side of the the white source Dodge, of correct? recall. see him enter -- reenter the gray vehicle on the side? don't recall. you There see were 10 have 11 Q. 12 confidential 13 standing 14 pulling 15 seeing 16 A. Are 17 Q. Yes, sir. 18 A. Yes, sir. 19 Q. And 20 A. Yes. 21 Q. You 22 license 23 A. to be There the several more is a videotape informant of video? you talking that that but your captures that can videos captured that entire of the transaction. is not a also Mr. number a the lapel camera You red you people would gray the of the captures gray you vehicle Dodge. Do you recall video from a distance? can who camera that captures surveillance video, other of lapel Casanova's about hear a vehicle, surveillance plate that specific. outside up, videotape be are vehicle, heard, correct? identifying the correct? Yes. 24 25 the MR. PORI: Exhibit B that I Your believe Honor, I can admitted be have a copy by of Defendant's stipulation and 53 1 shows 2 of 3 when -- the and I'll represent transaction the gray vehicle 4 THE 5 MR. PORI: 6 can admit from COURT: it and have 7 THE COURT: 8 Any objection 9 MR. HURTADO: 10 MR. PORI: 11 THE 12 COURT: gray departs the scene. you MR. PORI: the court see don't is Mr. Pori) You 15 you had a greater role 16 confidential 17 A. Yes. 18 Q. How many 19 and Mr. Casanova? 20 A. I 21 would 22 Q. 23 confidential 24 A. I 25 Q. Would How recorded many would than you agree pulls portion up until that? as to the its court now. I leisure. that. at that later? objection. Your Honor? you. this in your direct transaction than testimony that the correct? telephone at my calls were report. I there can't between imagine you there five. informant to the admitted.) in look recorded have B indicated informant, more no admitted, Thank to it looking sir, vehicle helpful do shows Yes. (By be my we it play be No, Q. have to would to 14 would want it (Defendant's Exhibit 13 court the Why B the where Do If to telephones and check with Mr. were there between the Casanova? back, me calls that but I there would were say more less than recorded 10. calls 54 1 between the confidential 2 between you and 3 A. That 4 Q. That's 5 A. There 6 informant 7 Q. 8 confidential 9 A. That, 10 Q. Can 11 A. No. 12 Q. How many 13 and Mr. Casanova? 14 A. Again, I don't know 15 Q. Do know there 16 between the confidential 17 between you and 18 A. I'm not 19 Q. All 20 Didn't he 21 A. 22 have 23 Q. Well, 24 A. Yes. 25 Q. And And my more than you you calls attempted not give me a Mr. confidential Mr. calls were there between the there between you Casanova? rough estimate? telephone the calls exact were were number. more attempted informant phone and Mr. had committed calls Casanova than Casanova? sure. You conspire said to that did was intimate role in the you to connected Mr. Casanova Cash distribute Mr. Mosley he the about. attempted right. any between phone and sure if than myself. informant I'm Casanova now. phone with many Mr. question. question was and Casanova? wasn't your how All Mr. informant pass connected no crime. methamphetamine? out a phone transaction Mr. you on Casanova, to John, number. June He 7th. correct? correct? did not 55 1 A. 2 to 3 Q. Mr. Casanova 4 A. He 5 Q. Because of 6 A. I say 7 meet 8 did not 9 Q. Because 10 the white guy. 11 A. I was in a 12 attempted to shake 13 Q. 14 methamphetamine 15 A. That 16 Q. And 17 A. Yes. 18 Q. So 19 A. Cash 20 June 21 he 22 distribution 23 firearms. 24 Q. Curtis 25 A. No. I don't know John or whatever did is. white Mr. Casanova guy's introduced Casanova, since guy. he I name you never introduced us was. to the white guy? did you met not give attempted to the white me a meet guy. name the that white I did guy, not but I a name. of Mr. Casanova, is you were able to attempt to meet Correct? position his Mr. Casanova where I observed the guy and hand. has been charged on that transaction, based white with distributing correct? correct. you only Cash met Mr. conspired did 7. knew the never Mr. white get And John not. would the who not Cash was involved was That to to a methamphetamine someone he phone criminal that provided a the Cash phone Cash, correct? the number for to an include sale introduced correct? methamphetamine number activity and of methamphetamine, distribute provided in because distribute conspire merely of Casanova of you for. individual the illegal to, on correct? 56 1 Q. 2 Cash 3 for Curtis, correct? 4 A. That correct. 5 Q. And 6 conferences 7 A. Yes. 8 Q. And 9 confidential Curtis provided provided is the the the confidential informant with correct? Curtis, those 10 the transaction 11 A. That, 12 you are referring to. 13 Q. You testified on 14 for a finder's fee 15 testimony? 16 A. You 17 Q. I'm talking 18 your direct 19 part of your 20 said he expected 21 recall 22 A. Yes. 23 Q. What 24 A. To 25 street I'm that be did with not to the sure now of about. I to a be if he would blessed. Curtis, about Mr. phone was not that Do testimony, where or you Mr. and I'm you said be to correct? hear Mr. arrange the call Casanova recall that I'm talking talking that blessed. about about Mr. Do mean, blessed vernacular. is to the be same you blessed? as a finder's fee, and the Casanova testimony? you asked Casanova. and to number the able to me, telephone asked have Casanova, fee a excuse methamphetamine, about finder's -- multiple examination testimony with Curtis him sale examination sworn bless direct or talking had conversations, informant informant informant confidential during are confidential it's 57 1 Q. 2 be 3 A. 4 blessed. 5 Q. 6 going 7 anything 8 A. I 9 Q. Do 10 A. I 11 substantial, and 12 price confidential 13 is 14 Therefore, it 15 fee tacked onto the price 16 Q. So knew you were 17 methamphetamine, 18 A. It depends 19 we have paid 20 I'm 21 places, 22 value 23 Albuquerque 24 California. 25 Q. So you blessed I knew And knew for this that he did to the like you know high you the ain't to CI an listen of later, finder's fee or to the confidential informant say, you informant "No, no nothing"? to be way, not Did he say to of me the your own have based call. independent offered on when informant, him Mr. the methamphetamine that that of he the paying had recollection? anything Casanova price in provided was $600, the which Albuquerque. already had his finder's methamphetamine. above market price for other prices correct? on whose the paying market, area, stationed, a very is it ounce in a a correct? promising wouldn't told I was $10,000 asked expected that? currently is had remember for Casanova transaction, I have the Mr. confidential happen. would to that as it different pound. was when much subjective based not I'm not on above in market $10,000 a term because what what are 16 it value. Albuquerque as than There but pound, costs ounces in so or a Where other market something in that Memphis pound, costs in or correct? 58 1 A. Yes. 2 Q. So 3 excuse 4 A. 5 right. 6 Q. 7 this 8 A. I 9 Q. Fine, 10 an 11 A. We 12 Q. And 13 A. It's high, 14 is 15 different 16 Q. And 17 A. No. 18 Q. Do 19 unsuccessful 20 to 21 A. The 22 Q. Do 23 A. I 24 Q. Do you 25 all of those I $10,000 a pound is roughly $550 a pound. $550 an ounce, me, correct? would All have right. to So do the math myself. you are paying more That than doesn't $550 an sound ounce in case, correct? think ounce your sir. for math My an is off question ounce of in was regards to you paying are methamphetamine the -more than $550 in this case, correct? we paid before, and did. not that's higher but correct? it than is what not we higher had been than quoted before it from people. if you contact CI you do high, it's high, recall that telephone him to did make know is it the market confidential calls arrange how above to this attempted Mr. sale phone value? informant Casanova of made before he any was able methamphetamine? calls to Casanova. many? not. know that, attempted when Mr. calls, Casanova he said he finally was answered working? Do after you 59 1 recall 2 A. That 3 Q. Okay. 4 confidential 5 attempted 6 A. 7 CI 8 Q. 9 sleeping? that? did Your and What happen. do you recall informant telephone facts told His not are him phone finally incorrect. phone been off. A. Not that 11 Q. Did he 12 A. Not that 13 Q. The tape-recorded 14 correct? 15 A. Yes. 16 Q. Do 17 A. I 18 Q. Did 19 enforcement database that's 20 you used identify Mr. 21 A. We 22 to identify 23 Q. Sir, I 24 telephone 25 to do he I not. have a had been was been Did he sleeping conversations Curtis's We run to when after these the many Casanova that called the off. tell you that he had been in the sun? recall. know you him saying remember. say you reached It had 10 I Casanova calls? his had Mr. never Curtis's multitude will speak for themselves, race? identified telephone Curtis. number connected to through this telephone law numbers that Casanova? of databases, My question and no, we were not able him. heard number telephone that. through numbers the which law you was did enforcement used to you run Curtis's database identify Mr. connected Casanova? 60 1 A. 2 databases 3 unsuccessful. 4 Q. Did 5 A. Yes. 6 Q. You 7 history, 8 A. I 9 Q. You 10 of 11 A. I 12 Q. Tell me 13 A. That the 14 reported 15 substance. 16 for 17 convictions, 18 murder. 19 Q. 20 controlled 21 distribution of 22 A. The distribution 23 one listed in 24 Q. Do you know 25 A. Of that I a think I just that we you run answered used to Curtis's testified that we identify number that you that there have phone through reviewed a numbers, any Mr. multitude of of and those Casanova's it was databases? criminal correct? did. indicated controlled did not substance, say what you arrest Other has than was first only my felony offense you controlled his criminal that I for distribution of convictions, stolen for one vehicle, possession any other at least I know several arrest? old Mr. other of and a offenses for substance? arrest that I recall Casanova was at my of burglary, was the report. how in controlled possession, for recall record. recall, distribution arrests substance, do a a receiving several that about listed, several I believe and conviction correct? recall investigation, robbery, a that. first He was that time? first 61 1 Q. Yes. 2 A. I 3 Q. Would 4 Mr. Casanova's National 5 A. Sure. 6 Q. Showing 7 United 8 look 9 it. cannot it testify to refresh your you States at that -- and A. Please 11 Q. How 12 time 13 A. This 14 Q. Any 15 A. No. 16 Q. Do 17 substance 18 A. Possessions 19 Q. Distributions. 20 A. Not that 21 Q. How old 22 A. I'm going 23 question. 24 Q. Sure. 25 A. I of repeat was that do Mr. reason to know offenses or he to see of he he you a have that controlled copy computer as had to of -- provided Services related for see a by Office. chance look any Take review -- at this. possession substance of the offense? that? any the other age of possession of controlled 28? of. the time through other this this happened? so I can distributions. a to distributions? at the 28. had after record Pretrial question was I'm aware was prior Casanova to Information when dispute if a and possession that not is me your says you this tell recollection Crime Probation 10 old that. answer your 62 1 Q. 2 this 3 A. According to 4 Q. 28 time 5 at the 6 A. I 7 Q. Can 8 his concomitant 9 A. It 10 Q. Every 11 this 12 A. I 13 Q. You 14 captured 15 A. You 16 Q. I 17 Every 18 on 19 A. Yes. 20 Q. The 21 audiotape, correct? 22 A. Yes. 23 Q. The 24 pin, 25 A. My question was how old was Mr. Casanova at the time of offense? at the time do of not you report, of this the it first offense, says he was 28. distribution. if you know? report and see How old was he know. refer appears case this to the arrest in 2016 and age? that he was either confidential informant was on captured can't testify testified to here on videotape, said "every." get you, 45, 46 that videotape, years was used old. by the ATF in correct? that. that the confidential informant was correct? know. I -- confidential the his Bro. We're informant almost done, in this case I promise. was captured videotape, correct? confidential confidential correct? No. Lapel informant in this case was informant in this case wore camera, correct? captured a lapel on camera 63 1 Q. 2 recording 3 A. No. 4 Q. Okay. 5 Albuquerque, 6 A. Correct. 7 Q. And 8 toward 9 A. That, 10 Q. You 11 A. I'm not. 12 Q. You 13 this 14 A. Because 15 Q. But 16 knows 17 A. Did the confidential device And the not are not don't have he he he he has in of with kind Mr. informant any threat informant, is any of video Casanova? is not from that Mr. Casanova's made correct? any? information not access COURT: selective MR. PORI: that Mr. Casanova has placed danger. from THE about of know presumably 19 22 aware does does who 21 met confidential aware MR. PORI: ask he any I don't know. 18 20 time confidential individual If the wear correct? you're this at informant the to If Do he have is access depiction the I who on and to where him the on he's the at. video, he videotape, correct? videos. could you have have just any a moment. other questions you want enforcement? The only other question I would ask is -- do. 23 THE 24 this 25 Q. COURT: Go ahead. Let's get it all wrapped up time. (By Mr. Pori) to How did the confidential informant select at I 64 1 Cash? 2 A. He made 3 Q. So how 4 conversation 5 A. I 6 Q. How 7 we're 8 Curtis 9 A. How 10 Q. Yes. 11 A. I can't testify 12 Q. I understand 13 with 14 and 15 recorded 16 sale, blessing 17 in 18 using 19 may have targeted? 20 A. I not 21 Q. All 22 people 23 many 24 conversation 25 A. conversation many with, couldn't many did this you know? to that. testify did about him he target? target in the people did to he how that. many I'm targeting them, conversation case that them the with for agree the Do with Tell talked people them, the me to. to when way he see between getting informant we you say make "target," targeted of you know how statement. what the -- you ask it this me confidential with to discuss talked to a lot of informant the sale people if would you phone Cash, sale. We don't know a Do having a know three other way. someone number, many had of to agree arranging targeted your Let to. about the informant talked talking their talking purpose confidential definition. right. CI same trying actually The And people difference he Allsup's. target? there's a do the confidential that this at Mr. Casanova. many me if people talking and people with people people how you that he many know prerecorded methamphetamine? about methamphetamine. how 65 1 When 2 the 3 guns? 4 person's 5 to 6 criminal 7 the so would game? you you do phone It is individuals, gangbang? number. my job history that that A people lot of look 10 number, 11 saying 12 instructed, if they If "Don't somebody activity, I 15 firearms" -- 16 through 17 says, "Yes, 18 shows 19 that's an 20 this 21 individual 22 three 23 says 24 the 25 really can his he hook phone felony says he such four that he keep doing can as can do no once anymore." I'm into case of Joseph a meth, look at has sitting is is a was has they are into get number a we and are see if he's are him photo. The CI history, go Mosley. going are criminal to assault phone CI's history, and guy they identified violent sex bad the and the criminal Mr. a you license on as gets of encouraged a dope, CI we identified, convictions, things. can his -- guy I driver's CI that who sorts Mosley, the to the see robberies, all that and get and history, guy Mosley sell phone the that We to in the that do get you you try themselves criminal with guns talking those but up Mr. felony suggests you I people "Are Do then provides portray convictions, individual would and "Hey, him." drugs? drugs to number, that's or CI, says, them, themselves. to has and talk in the has guy guns or street, individual sell 14 try the CI identify up ask sell then portray will on to would you The CI backs they cool the The then he Do robberies?" activity they 13 meet Do Do me. 8 9 he we ahead, When see arrest, to so he an has and encourage actually he 66 1 How 2 corroborate that? 3 order up an ounce 4 shows up and 5 saying, 6 do 7 and 8 some 9 are do we prove these does of Have of sells "I do those saying meth, and contacts are then dope 11 Q. How 12 manner 13 number, 14 determined that 15 showed confidential 16 you 17 communications 18 happen 19 A. That 20 Q. Did 21 the CI 22 A. No. 23 Q. Were 24 contacting 25 A. commit many that you the He with have that the you do not only criminal of with our that an job to do we transaction, If the have history guy the to about being guy suggests undercover is aren't regards the -- did described that on filter through whatever sell investigate in the guns a gave criminal history informant CI was individual? How a phone history, you significant, you picture informant you of to that person, continue many people and their did that CI? be an impossible anything concerned African wasn't. they to to keep thing to keep track of the track race of of. the contacting? you "I video able the person's criminal that you where confidential with this would was did identified encouraged make arranged firearm. you meets part in a How robberies. people you his things? an up meth, he So about or make order or they those CI things," 10 or the things. they doing a gun these things," the he's that the Americans? CI was disproportionately people 67 1 Q. 2 identified, 3 know, so 4 African 5 this 6 individuals? 7 A. 8 Casanova. 9 were In this case, we two of whom two-thirds American. Of of Was confidential Mr. Mosley have mixed race, 11 never a 12 were 13 Q. How 14 say only 15 Based 16 A. Looking 17 Q. You 18 A. Yesterday. 19 Q. You 20 A. I 21 Q. 103, 104, 22 A. That 23 you had 24 American 25 Q. all on the brought our cases, African 12 you percent How at the looked at that Mr. me my third in this that was interactions with other had, 50 Mr. I Curtis want percent to of American, number. we don't case are used brought say 26 those white. cases So 12 percent want to tease in in cases Only of all the cases do you get that that were there of the a was cases just from the out. You American. number? spreadsheet. or 103 cases, correct? 104, but I to 29 African what's have African improperly you African were incorrect. 25 were that spreadsheet? is 28 is Revet show a been percentage I there and female, American, that? cases there number have identified Curtis. Over that American. know what? saw the we disproportionate do people that in people African Hispanic, African believe Let are informant's multi-defendant. 10 three I at it again. Americans. believe labeled. American been look there There was was 26, one because African males. marked as Defendant's Exhibit 68 1 A. You have seen that, 2 A. Just saw this version 3 Q. Different 4 A. Yes. 5 Q. Better 6 that 7 A. Yes. 8 Q. You 9 knowledge, correct? from Better the asked to 10 A. Correct. 11 Q. Do 12 accurately describes 13 prosecuted as 14 A. With 15 Mr. Hurtado 16 Q. 5 17 represents 18 enforcement 19 A. you know the and if far review it Defendant's the race of exception of number you But race action, as before? you based this the before other of know, you have seen than the your Exhibit defendants ATF the on 5 personal A fairly who enforcement and number have and been operation? 31, as and accurately hearing. that, it individuals fairly prosecuted in this correct? Yes. MR. PORI: 21 MR. HURTADO: 22 relevance, Your 23 those 24 case. statistics THE as of 31. saw correct? that 20 25 but a result told Correct. you formatting. A before, were today. version formatting, Exhibit correct? Move the The Honor. in COURT: Is United The that admission it States United chart your of have Defendant's will States does anything position object that to not do they Exhibit A. on believe with are that this 69 1 inaccurate? 2 MR. HURTADO: 3 they 4 of 5 grounds, are not 7 relevant selective 6 No, it is the insofar as they enforcement and/or the United States THE COURT: I'll (Defendant's Exhibit 8 Q. 9 that (By Mr. Pori) are not A. 5 11 Q. So 12 A. Yes. 13 Q. It 14 A. Yes. 15 Q. He 16 A. He's Cuban. 17 Q. Is 18 A. Tiger 19 Q. Okay. 20 A. No. 21 Q. He's Cuban. 22 Woods 23 an 24 A. You said 25 Q. All right. to that Exhibit A position Mr. and Pori's on that claim those exhibit. over the objection. admitted.) say Why there don't are you two tell things me what in there they are. 31. Gonzalo says is Revet, not correct? black? Woods Woods Is is black or Thai? considered Mr. Revet He's of a black. mixed race like Tiger Woods? Cuban. black African correct. he's black, Tiger is admit you accurate. 10 and So advance prosecution, objects A government's Tiger even American. earlier Woods though is his Thai. mother Now is that you Thai Why do you say what is the appearance say and Tiger of that his Woods Tiger Tiger father is is black? Woods. 70 1 A. He's considered 2 Q. What 3 A. He's dark 4 Revet's 5 Cuban 6 Cuba. 7 Q. You know that 8 who are part of 9 A. That, 10 Q. You 11 A. I've 12 Q. If 13 to 14 A. Yes. 15 Q. And 16 A. That's 17 Q. Of 18 A. Number 19 Q. 31. 20 Mr. Hunt? 21 A. He's a 22 Q. It 23 A. That's 24 Q. And 25 A. In be is the complected, so are been are speak ethnicity English, some to what were. and I individuals American many to I know who diaspora, Gonzalo know he's live he's a from in Cuba correct? people that live in Cuba, correct? Cuba. Mr. dark he Revet's appears lineage, he would be appear to be black? subjective. What was the other one that's incorrect? 31. That's Brandon why speak Revet? can't their black. man? course. says I him idea. didn't know black Mr. but African no there never not there the I have we a does consider of were, what He know most appearance parents male. -- white do Hispanic you you reviewing Hunt. And what's incorrect about male. he's a what Jason there, correct? put. say his he's a driver's white male license instead photo, we of Hispanic? identified him 71 1 in 2 transactions 3 Q. Okay. 4 A. No, not 5 Q. All 6 people 7 did you 8 A. Just 9 Q. Okay. Tell 10 A. Of 26 11 African Americans. 12 Q. And based 13 me that 14 or 27 15 ATF enforcement action 16 A. I approximately talking to the undercover with Any him, other that right. get -- you the in of say what your the 18 THE 19 MR. HURTADO: 20 still 21 informant, correct? the 23 MR. HURTADO: COURT: are white male. noticed in this list? 12 percent scheme are of the black. Where taking all as 25 I percent list, out you Mr. in were would Revet, this only agree roughly court for with 28 this correct? percent. have. you may to clarify, to the we're REDIRECT 12 prosecuted Hurtado, Yes, said. this black, Just No, I cases, of -- people issue THE MR. HURTADO: hand-to-hand said. review Mr. 22 BY that what you That's COURT: 24 a you enforcement assuming MR. PORI: 25 this twisted 17 covering was that testified multi-defendant percent he did number? me roughly, would you just on actually aware. Now, that stated corrections I'm prosecuted he that examine. Your identity covering sir. EXAMINATION both Honor, of the we were confidential motions. 72 1 Q. 2 that were 3 Then we 4 understand? 5 A. Yes, sir. 6 Q. Okay. 7 sure 8 first 9 informant, or As an initial matter, submitted will go back With that I to you and respect understand raised the is to of finder's fee," and 12 broached the 13 Q. 14 finder's fee? 15 A. When somebody 16 of supply 17 be something 18 somebody 19 a 20 have -- pay finder's fees. 21 here is $5, $10, 22 Q. And 23 fee pretty 24 A. It's very 25 Q. Is And again, that's based or on briefly of 2016 finder's that "I Was the cross questions examination. operation. fee, it fee said you not want I Mr. want Do to the you make Casanova with another connection is a who confidential for know, to is this thanks get but is a he a their activity, if I fee." what or somebody whatever, in that quote, finder's illegal you it exact already, businesses So sure individual or illegal, "make an haven't firearms not There common more case a good finder's fee. the that's connects drugs onto it Casanova us, in for purposes finder's subject, said, tell over reversed? 11 Mr. the a A. was for go discuss 10 No, it me correctly. issue it let sometimes country for source it can turns you get that helping me out, whatever. your training practice among common. common than and not? experience, drug dealers? is a finder's 73 1 A. 2 introducing 3 individual 4 Q. 5 confidential informant. 6 aware threats 7 in 8 A. 9 he's I would say this common someone to Mr. Pori of more provide also any else case. or the he is somebody getting is another I the issue believe Mr. of you threats stated Casanova may to that have the you made were to not the CI correct? has no way of knowing who he is and where at. 10 Q. 11 as a 12 by you 13 well-being Now, notwithstanding general and matter, as law of Mr. a 15 THE COURT: No, he A. 17 manner we do where 18 obviously in this 19 defendant, you know, will 20 give on Yes, there clues a month 22 get 23 profession 24 meet 25 prison murdered. are is. So that a we where ago it long why to once the CI before is a guys narcotics time, so I we a write CI an as the a a side, concern welfare after our left her. comes but and case? out, we in the Again, the don't want to be. my home world, The firearms take reports him, idea, might choose. we there the even to answer. dangerous and him irrelevant. discovery have is about informant may refer case, these selling for That's putting practice, general Objection, 16 About in a confidential MR. PORI: any Casanova, general enforcement 14 21 when narcotics. that that not somebody addressed Is Yes, because than every base, we had dangerous job individuals that can that send precaution a CI they them to possible to 74 1 protect their 2 Q. Mr. Hurtado) 3 confidential 4 A. Absolutely. 5 Q. So (By you identity. Do informant have MR. PORI: 7 MR. HURTADO: 8 THE evidence The (By 11 A. I 12 because 13 know, it 14 try 15 it's 16 was put out, 17 in, the social 18 Instagram, Facebook, for 19 their 20 Q. 21 bit. 22 compel 23 prosecution. But 24 specifically with 25 when Mr. Hurtado) to guys our job them happened. And family it's will you -- from in on same over their welfare? this part answer the the CI of agreement outed media, takes two somebody and country, and proceedings where in go rules Johnson, note that Mr. for now I Pori purposes I want respect operation want began. to to to is they and the this so, that for you we will because CI's world go name we live Twitter, get outed and put them switch gears just a little delved of his selective begin that into my motion. of ahead. identified, seconds to so the wherever the our but question. across getting social leading, proceeding, know, all court was danger. information this to in please go media, it in Now, Agent for, will protect I Sir, a concern is this me? objection don't apply Q. these use cases? concern Excuse 10 have future to Leading. COURT: really in intend a continuing 6 9 you to enforcement series So motion of let's and questions begin by or 75 1 First of all, which is 2 A. I'm based 3 Q. Oxford, Mississippi. 4 New Mexico, for 5 A. We to 6 Q. Before 7 did you 8 A. I 9 very came end of Oxford, purposes get to why Mr. office did you I'm on sorry to of remember exact came here. 11 A. Albuquerque, based 12 that's been 13 believe 14 Based 15 here. 16 high 17 robberies, aggravated assaults. We 18 our team could combat 19 Q. You 20 A. Well, 21 could 22 crime. 23 Q. 24 with 25 State the tell this high of to ATF bring And you your of was you the for high level years, you highest with crime, were the case? help if By you. but When it was the in of 2013, I violent asked crime. that based we on come the homicides, asked the crime to come violent in with crime. who? Albuquerque in indicated that you had had federal that of were guys Is as Just number of and violent know, country group state of power. high asked. asked Mexico. date, individuals political crime, we in a select local, New on violent if you why city violent see said us second Individuals level Albuquerque, 2016. Now, please on to interrupt the Q. was ATF? -- 10 it the Albuquerque? March in with come Casanova's based started, here, I can't of of home Mississippi. And Albuquerque you come got out your could to an be combat city the here where we violent opportunity counterparts correct? a to in speak the 76 1 A. 2 prior 3 with 4 APD 5 southeast 6 within BCSO. 7 Police Department. 8 narcotics, with 9 find That is to -- correct. everybody we met out else. with departments. the We quadrant. We where Myself with met didn't to talked just to one office, with occur? 11 A. Where in Albuquerque does it occur? 12 Attorney's Office, 13 counterparts 14 us 15 Again, I don't know 16 war zone per se, 17 Central, you know, 18 several 19 west, and 20 where 21 months their There 22 area, an 23 our 24 that can 25 were there CI but get I've branching one five rid with in an the box to us out here, both of DEA. We the groups to the but this dead body?" agent with a to the talked as the contained And area again, war going that of in the heart, came camera Within on 30 that the back that's occurs. middle you zone. been the "Do our within it's south, crime to around Wyoming, and U.S. referred in said, with unit, to Everybody known violent somebody later, talked is north particular gang We area Wyoming. been the here. that directed stabbed minutes of or percentage case individual about they the stationed exact going highest was the since then office, quadrant multiple of occur. it southeast out robbery, does the squad with Albuquerque to different individuals crime are meetings Albuquerque in who the a month with Where ATF these of -- in guy Q. of one multiple violent DA's came handled in 10 the agent investigative with talk your squad an sheriff's does another personally robbery We the We met We and know that to somebody minutes, asked up -- we said, 77 1 "I can 2 us. 3 based 4 trafficking, 5 we 6 Q. 7 on 8 A. Yes. 9 Q. As get We of arrested on saw rid what two the the guy. body." The We we we were seeing, the high level murders Now, Agent selective dead while Johnson, such, I want the of we you and A. 14 violent 15 individuals 16 narcotics, firearms, committing 17 goal. 18 say, 19 people." 20 that's where 21 focus 22 the 23 of 24 push 25 actually not. is We their worst the we're time. see to if in and individuals target Try to going to have And once us, and to that packets the try this case? in your deliberations did what racial area of the we talk was to will make the city who are selling history we make cases CI's to and the or That when our try arrange direction violence streets, it's just then in robberies. is the our criminal "Where walking CI's to goal people. ask, and target? extensive 100 information the Our Find don't do "Here would area defendant's motion determining ATF front, the role 13 We of counterparts, Albuquerque with aware up 12 to there. federal a right trafficking, and play out drug state ever crime. of you considerations Absolutely level the ask 11 the in pointed to with local, high enforcement 10 your was were firearms were are prosecution knew guy if get was to on a combat safer, the city these one and 100 occurring?" And confidential informants meet people, they weed out is those who are transaction the guy is the so provide the ones we worst we can actually living 78 1 that 2 Q. 3 worst," 4 history? 5 A. 6 alone. 7 assigned to 8 criminal history 9 Albuquerque life. Now, when is you that Extensive 10 We There say based seek like criminal had Police one is Department just having case we of methamphetamine 13 occurred 14 to 15 a 16 halfway 17 was 18 case 19 information, they 20 house, put a dog collar 21 house. That guy then took 22 been meth from on 23 information, 24 that 25 Police of from. a house drug a home that buying guy to just we Department and this kicked out did lot the around a who not at know the a her buy who we officers had have known to caught. while we were the transaction that that was house we word had elderly, before an we elderly dragged this So based to try house exactly on to one this around that we the had that get more because was in woman's her house there that got to About that and known tied property. to this a stolen neck, that criminal bought had of the do Alcazar week back Alcazar. was of door cab another on summer, about in we They targeting happened up a worked of didn't are got where zone Department. crew set find war worst don't that that location the visit invasion had in trafficking our a defendant The Police through that but example we Department, some 12 lot also, "the extensive as a Hispanic Albuquerque And Police severe here, it was on individuals 11 was identify stated history. There as to you Albuquerque us. is you meth from Albuquerque committing these 79 1 robberies. So 2 and After 3 Albuquerque 4 identified 5 woman's 6 going. So 7 right 8 Q. 9 a an hour the Police the neck guy and again, before deal, deal, we we took the Department. They that dog put dragged another the her of took the why everybody video, showed still collar around example video on coming it shots. the to the We elderly house. we knew we were to this in the area. As dog an aside, what collar put 10 A. 11 collar 12 Q. 13 spearheaded this 14 A. say 15 liaison and 16 had 10 17 personnel 18 field 19 108 20 themselves, 21 trying 22 doing 23 part 24 Q. Now, you 25 A. Yes. around Luckily, she's around her Now, Agent I would our to of woman who had and the individual who that put arrested. were one you two of the the lead was identify a ATF than set the investigator we one team that up had office Again, any it cases. Then us. complete doing of Albuquerque individuals to that town. assisted That's more it of overseer out from that interviews in alive, got the from either so happening who operation? I was guys arrests. still neck up her? Johnson, kind division ended we had surveillance. CI's But again, the the we other Phoenix approximately can effort, the was numerous or person and do whether were Everybody by it meeting played was to a it. said you were one of two possible leads, correct? 80 1 Q. 2 Albuquerque 3 A. Neither. 4 Q. Neither. 5 A. He 6 us were 7 Q. 8 investigator from 9 demographics of The other was or from be 10 A. 11 find 12 ag 13 make 14 Q. Now, with 15 say one 16 19-year-old 17 to 18 A. 19 that -- 20 told the 21 or "move 22 no arrests, 23 a 24 had 25 targeting. out office in he or she from Oxford? where? Florida. fair All parts of say that to Florida the the City were of individuals the came in with country. neither aware of you the nor this ethnic other or racial Albuquerque? preconceived notions. where is the occurring, violence robberies, that homicides, Our one the because goal was highest that's to number where we of can impact. of Even no home was no arrange guy person, had assaults, an other your different it No, we the from From from Would lead, if or that your said, individual real with the sale of it was more than targets as and was guy Because a is if 30 that were had gram a an of selected history there called it, individual a to those target Let's a young who was of as was trying 18 the worst that years familiar the cases somebody jaywalking aren't many earlier, find weren't couple was them worth police following. methamphetamine. gram, not history, trying the criminal Pori Albuquerque criminal We Mr. propose informants no for on." me confidential CI's, "That that let else," old, had with tickets guys of we we the them, but were worst. 81 1 Q. 2 with 3 Mexico, 4 A. 5 those 6 Albuquerque 7 with 8 counterparts. 9 you Now, with your We that local, about come the we it 11 make 12 Q. 13 confidential 14 worthy 15 A. 16 them, that 17 Q. 18 earlier? 19 A. 20 some 18-year-old 21 clog the 22 We 23 guy get them to here had these set up, and it's more several with one the counterparts initially you office, at conferring say with wasn't explain were you Department, know, okay, point to to met U.S. Attorney's So you federal would early meetings, but Police when and long month 10 map, what part across an BCSO, with of factions DEA, those point of with with than of police, ATF just map. Albuquerque is just the our we the New discussions? state where at in ran We by, tried going to a difference. Did you of And ever informants We had we not the is gone. the that going court want guy to kid system that's but you "Don't the make an half up. It going Bear who one of your classified as not being efforts? individuals for for individual met CI's, was MR. HURTADO: Honor. had numerous told again, We're come ATF's investigative Yes. 24 25 state how a said, that talk reasons impact ounce in of doesn't to make with me once identified to that guy you just articulated a city meth. change people one we by arresting That's the feel moment if anymore." going to neighborhood. safer I if that may, Your 82 1 THE 2 question. 3 were the COURT: Were worst While there of THE WITNESS: 5 THE COURT: 6 that would 7 8 you look 9 for example, at an 11 that obviously 12 is violent And fact 15 that's somebody he is 18 against 19 guy 20 cool 21 and is still 22 that what 24 guns." 25 probably you guidance were this me ask that you this defined given who about But if a I burglary violence. from the jail who involved in first to he talk just about kind or crimes talk will get you pounds with if a that. of Or on even sex to so person. say, I if himself into this look it streets. "I can get you can get you 20 history, if crime see fully the meth. criminal a make he's and the trade, violent want and of guys have it but convictions, the has we 1998, a burglary crime. drug that's okay, met, was the also somebody robbery, violent felony He of don't up met. somebody, those can four -- defendants, that's distribution to CI a The written robbery The is three lot can't come arrest, has guy they in nothing convictions, consider committing want. drug is history. would trying new criminal being That's just There we the Because 23 that continued a child. with guidelines guidance. escape I get that more No involved Mr. Mosley individual what arrest, crime, 14 17 let sir. multiple murder Again, 16 No, individual's with conviction, that written looking, worst? WITNESS: 10 13 are be? THE a any the 4 you they they have a 83 1 criminal 2 way 3 criminal 4 up 5 methamphetamine. to history, corroborate and history show 6 up THE 7 Q. 8 am 9 individual (By I they with of 11 A. was 12 individual 13 Attorney's Office. 14 there 15 that 16 guess 17 guideline. 18 it. There 19 when deciding 20 who 21 alleging 22 Q. But 23 A. Never. It Go was had -- has 24 it It just information there It was was the no with up like nothing not the on not to pursue lack of a come of the questions, your particular term? Myself, sometimes on to a better Albuquerque arbitrary-like left decision. okay, best their Parker's was written, like, Judge it home the actually ounce that me, what can an So Hurtado. depended the it. with they or the the background Police it's, and is not we rules in necessary criminal history have to that violent to have we're crime, or if Department So there other U.S. invader. involved no who with with you if was they at is Mr. group up individuals tells or for it I some this like to governed who support is what meet by not, they or are do. time were MR. HURTADO: further. whether up rifle correctly a collaborative set come see follow investigation that to ahead, To discretion target is a sawed-off Mr. Hurtado) understanding can somebody suggests 10 25 what COURT: an never Thank you. racial Your considerations Honor, the United ever a States factor? has nothing 84 1 THE 2 MR. PORI: 3 THE COURT: Mr. Yes, sir. Go ahead. COURT: 4 Pori, RECROSS 5 BY 6 Q. 7 confidential 8 obtained 9 and do you have other questions? EXAMINATION MR. PORI: I would you like talk informant that in to to has you identified individual's with is it, individual 11 about? 12 A. I 13 Q. When 14 people? 15 A. No. 16 Q. Tell 17 You don't need 18 that 19 A. Who -- 20 Q. Who was 21 individual 22 A. Several of 23 Q. Tell their 24 A. Special 25 Q. About not worth those an information consultation 10 about others move individual, and have on. incidents criminal made You know the where you the have history, decision what I'm that talking do. you me they made who that all to decision, was give it was always you responsible for making that me names, just and give me titles the CI and other decision. or roles played. responsible is me looking move not worth it, us could do agent, how for many at on." that. titles. same of as them mine. were there? saying, "That 85 1 A. Special 2 Q. Yes, who 3 worth 4 A. 5 then we, whoever 6 this guy has no 7 This guy has a possession 8 arbitrary guideline 9 reviewers that 10 process. If 11 I would 12 a defined 13 somebody 14 Q. 15 I 16 was not 17 A. No. 18 Q. Do 19 A. Too many 20 Q. And do 21 A. No. 22 Q. Black 23 A. No. 24 Q. Hispanic 25 A. No. agents? would it, move It Was have was make that a set was number. If around, you criminal had worthy any reviewed worth you or to you individual -- is not keep know people? people? wasn't There that would a get and, okay, let's move But there was no set of number of wasn't we're manual made of information and simple, arrest. it. confer somebody, a on. specific on the fence about, asked, but there wasn't for how we decided if On date, not. record any I identified would it's There written or this it, have a know, weed somebody have, obviously process of review was somebody history, range. to there there "That on." not was decision, I idea told the how many track how that and CI decision: decided to times that move on? you made this individual that decision? of. many times it involved white people? 86 1 Q. Have 2 A. I'm sure 3 Q. So you tell 4 5 beyond the any training on implicit bias? have. me what scope THE you of know Objection, direct COURT: about Can implicit Your bias. Honor, relevance and examination. you narrow that to apply it to this situation? 8 9 I received MR. HURTADO: 6 7 ever MR. PORI: Q. (By Mr. Pori) 10 did you apply 11 individual 12 A. I 13 the intelligence 14 Q. Sir, I 15 any way that 16 I'm not calling 17 A. Yes, sir. 18 Q. Okay. 19 about 20 that 21 deciding 22 A. 23 would 24 Q. Not 25 A. I have The any of is not worth no bias. you But training pursue even you I do I on to have received to on implicit bias, the decision "that the criminal history on"? what what apologize any bias. I used in I to make advance want to my and decision. to suggest make clear in to you a racist. know about my individual or at That's Honor. you move looked implicit never Your training it, bias, and "this was that want do good, training said. really implicit There Very any question bias is bias implicit that not when is, you worth we bias, do and you brought it, made move a you know remember to bear any of in on"? decision on who we wouldn't. implicitly? don't remember the training specifically, but I know we 87 1 get 2 individuals that 3 is target, 4 yellow, 5 pursued. 6 don't have 7 pursued. 8 Q. 9 yourself training. a worthy But I know I work purple, it You If they the It said and whether does are as was the other 11 things 12 A. You 13 Q. We 14 Mr. Hurtado, you were 15 you answered the Judge 16 know 17 you 18 myself, 19 this 20 Do you 21 A. I 22 Q. Please 23 referred 24 U.S. 25 A. or have to talked there be is no other remember think to you you -- are don't let other brown, somebody green, going to and going decision who was to in get they get you your had testimony made written record of making in and that that decision, U.S. Now decision, decision primarily the of materials. collaborative was Office and -- no who between testimony? what of made responsible, Attorney's that end how a If black, not is was and we but between responsible Attorney's for Office." testimony? misrepresenting me. yourself, the and are the bias. are green, U.S. individuals Attorney's Office. Myself the there no white, they specific individual that had know that. the asked I They white, recall at "it operation, and are matter. as of written that have individual more about testified the Do person, collaborative members that. we history, a other like not simple this a they black, 10 agents as with, criminal is me Tell me other Clarify agents look what what I said. you meant individuals, that at for the and when you members of the me. criminal history. If 88 1 we're ever 2 There was 3 know, we 4 Does 5 Q. 6 other 7 testimony? 8 A. Yes. 9 Q. Who 10 A. That 11 Q. Richard what? 12 A. Zayas. Z-A-Y-A-S. 13 Q. And 14 A. No. 15 Q. For 16 A. He's Hispanic. 17 Q. You 18 A. I 19 Q. Do 20 A. I 21 Q. The 22 when 23 A. No. 24 Q. The 25 conducted not we a set would that It unsure, group confer ask of with the U.S. Attorney's people that made the Albuquerque a Office. decision. Police You Department. answer? does. You individual is mentioned that was in your testimony, responsible. Do you though, the recall that that? is is Richard Mr. Zayas. Zayas record, you are am might not black? are not black. black? not. you consider yourself white? do. people you made that you consulted with consultation, Albuquerque with, were Police any of in were Department them the any U.S. of Attorney's Office them individuals black? black? that you 89 1 A. 2 that were 3 with a lot 4 Q. You 5 of those 6 A. 7 Sometimes 8 regards 9 Memphis, Tennessee, 10 the Memphis 11 individuals 12 case 13 officer. We consulted within of house about that we to agent consulted the So Several of 15 that we 16 with them 17 he 18 investigation. 19 Q. So 20 did you mean 21 A. The people 22 sitting 23 Q. 24 individuals 25 were were from you in Okay. mob case, those same get how the was in your at they consulted house. Were just our any about said were not Police Department. defendants were with were the case were Department house. In from the agent approximately associates Police in 35 arrested. was from a The black them. were involved prosecute, and could to find so we out did what assist us in "individuals in our in our cases confer information our house." What that? physically in the building I was Were any of people, the time. That sitting your were defendants that you that in PD, individuals black. individual, ultimately testified when our or intelligence 2009, at of there mobs confer to with The did able to 14 Albuquerque we were Albuquerque area. Memphis from them individuals approximately of of Albuquerque The black? were called individuals. with Some the individuals 2009 had our different people. talked People 14 with the my question. house, time, physically were any of in the those those building people where black? you 90 1 A. Yes. 2 Q. Do 3 A. Yes. 4 Q. What's their 5 A. One not 6 agent. 7 Q. Andrew 8 A. B-O-G-L-E. 9 Q. Have 10 of racial 11 A. you remember is their names? an agent. 14 ire is an agent. Andrew Bogle is an Bogle? you ever been disciplined for any reason for any kind impropriety? MR. HURTADO: good One No, sir. 12 13 names? faith of reason the 15 to ask that Your Honor. question other Counsel than has invoke no the court. THE COURT: 16 Q. (By 17 any kind 18 arrested? 19 A. No. 20 Q. Did 21 types 22 who would 23 A. No. 24 Q. You talked 25 and you referred Mr. Pori) of you of Objection, record keep violent be Let's So I of the any targeted about to want kind crimes move Go talk specifically, to people of you who trying robbery, who to did you keep investigated but not record were would ahead. were written that and on. to looking not identify aggravated be identify for in the deciding targeted? areas of assault violent and crime murder. Do 91 1 you recall 2 A. I 3 Q. Was 4 decision? 5 A. No. 6 Q. So 7 city 8 officials 9 correct? that testimony? do. there the was any decision on your such as you A. Yes. 11 Q. Was 12 quadrant 13 A. 14 their 15 that's the 16 Q. 17 Their 18 referring 19 A. 20 percentage 21 used 22 Q. Did 23 A. I 24 Q. How 25 A. Because there any other have talking showed with that to southeast with in reach quadrant various your criteria the that used like showed used law that of the enforcement examination, for the southeast conversations? they I would you testified selection in statistics the interviews other reference that target those statistics to map than No, because Now, that, of to based 10 When kind to what? to local police department, where area -- that's give us that know a little What statistics -- area. bit more are about. you to? we asked of point you did them, crimes us see to we that the those asked, you "Where mentioned?" direction of the is your And highest that's southeast what quadrant. statistics? not. do you know they that said, they "Our referred highest to those percentage statistics? of" they whatever 92 1 crime 2 highest 3 on 4 take. 5 Q. 6 written 7 selection we're area calls and Were of about, violent -- or there ATF and calls procedures has been very guidelines whatsoever, 11 individual discretion MR. PORI: clear and and just that -- southeast were that used their quadrant reports procedures, of the I'll 14 conversations with 15 criteria would 16 A. No. 17 Q. These 18 they 19 A. In regards to what? 20 Q. In regards to anything. 21 A. How 22 Q. Other 23 A. No. 24 Q. So 25 implicit that let to to based that they were -- develop this than that confidential they on any to were no left ATF I think written to agent and the on. any about the individuals? training of move have informant any streets cell answer target given the their whatsoever before Albuquerque? phone. that? particular, racial or used was answered. agent. the loose operate it you be and there Did CI's, were were that accept Q. Mr. Pori) asked instead 13 in the Objection, 10 (By was number criteria? agent 12 crime highest policies, MR. HURTADO: the their service any policies 8 9 talking bias there or was no homophobia training or about anything avoiding like that? 93 1 MR. HURTADO: 2 THE 3 Q. (By 4 not play Mr. Pori) 5 a part testified 7 at play How of did your ad THE can try COURT: The to answer this understanding. 11 A. Please 12 Q. (By 13 not play 14 A. It 15 individuals 16 American, Hispanic, 17 activity, then 18 bias 19 Q. 20 no re-ask any there sure had that answered. racial issues did criteria? Your were never have three your part the Honor. no Q. 23 answer 24 anything. of It more criteria you any make our met white, it. Mr. Pori) my is is selection CI's This racial agent has considerations twisted a little different to sure racial bit. He his if we was that whether dealt never questions. did criteria? criteria they issues to they were with. were African involved with. an start There in It was criminal was never any issue. Just to be sure, there were -- MR. HURTADO: 22 it did that's who into written of a that question if How part going (By make He answered. -- Mr. Pori) was 21 you Objection, that and sustained. selection nauseam 10 I asked here. 8 25 That's MR. HURTADO: 6 9 COURT: Objection, -- question. MR. HURTADO: Asked of No any and answered, kind written for anything criteria Objection, Your asked of and any Honor. ever? kind answered. That will for The agent 94 1 has answered 2 3 THE terribly 4 it more than COURT: I 5 calling for 6 Q. Mr. Pori) 7 enforcement? Are MR. HURTADO: 9 THE A. No. 11 Q. (By 12 General In a narrative 8 10 think time he has, COURT: Mr. Pori) that there any Objection, No, Are he can you investigations of the of ATF there 15 the 16 particular enforcement 17 would to Office like of the ask Inspector has no THE good faith COURT: I'm honest 22 Q. 23 investigation by 24 Department of Justice, 25 operations of the with objects has on selective it. Office of the enforcement Inspector operations? relevance. ever General been that and any investigation condemns he's aware The the United basis not States to sure question Office ATF? by any of those, ask would that object that I what the question is, are you aware any which of is the have the question. to you. Mr. Pori) as those. The 21 (By is Honor. for practices, about MR. HURTADO: Your aware MR. PORI: 20 question government manuals answer 14 If the ATF Objection, defense the response. MR. HURTADO: 19 nauseam. although case, 13 18 ad broad. MR. HURTADO: (By one Inspector criticized of General, the enforcement be 95 1 MR. HURTADO: 2 bearing 3 broad 4 beyond 5 asked on the question the no instant that scope 6 THE 7 MR. PORI: A. That's 9 the ATF -- 10 Q. (By Mr. Pori) 11 cases 12 A. You 13 Q. I'm just a very Fast will 14 have same 16 OIG 17 related 18 irrelevant. has 19 the 20 it this 21 Q. (By 22 an 23 Firearms 24 arrest is narrative asking for response He either is Yes, Your broad aware The has an and no overly also goes government or he is not aware. Honor. question. Enforcement As the OIG procedures, ever like looked stash at house Furious. to be more specific. anything any Again, that's not or instant MR. PORI: Pori That -- investigated to a relevance. examination. saying objection Mr. to direct MR. HURTADO: 15 25 and for as the COURT: 8 case. asks of question or Objection I'm the time. United relevant. criticized matter going Asking other against to States will this make agent whether investigations Mr. withdraw Casanova that is its not wholly question and try way. Mr. Pori) article in stash of USA Are Today, house African you aware which cases as of any written condemned resulting materials, Alcohol in the Tobacco say and disproportionate Americans? MR. HURTADO: Same objection, Judge. Agent Johnson has 96 1 already 2 investigations. 3 question stated 4 5 is aware 6 This COURT: of any 7 USA 8 enforcement 9 disproportionate 10 think 11 conscious 12 this it case is an had Why If done an he operations might of in number inform trying of limit 14 MR. PORI: Americans arrests and 18 MR. PORI: COURT: 19 needs 20 ensure 21 overrepresented 22 that 23 subjective 24 discriminatory 25 some that would stash Mr. house Pori's If kind in and to whether that that ATF the cases African he public him ensure he might limit that, disproportionately 2014 resulted criticism to in in a Americans, I presumably influenced steps to example, house for as newspapers? for similar in well would he was of the criteria arrest help as an that help be against -- for example, overrepresented you? subjectively Americans certainly THE take How African as that not relevant prosecutions. THE be To were 17 to to matter. stash actions If COURT: be arrests THE in relate indicating their his to it aware, article 13 16 unrelated was operation. African not published enforcement 15 does would articles MR. PORI: Today this inappropriate. THE were that me. or some aware kind are not and prosecutions That objective that of there limits to disproportionately would basis and disregarded, certainly for show establishing a a effect. COURT: You can ask him the question if he was 97 1 aware 2 selection 3 in 4 Q. (By 5 A. I'm aware 6 I 7 here 8 Q. What 9 A. The referenced 10 Q. Did you 11 the same 12 A. Yes. 13 Q. Did 14 A. No. 15 Q. My 16 driving 17 Mr. Casanova 18 A. I 19 provided 20 Mr. 21 identified. 22 Q. I'm sorry, flesh that 23 A. The never met 24 Mr. Casanova. 25 phone of any newspaper that he publications disregarded with that suggested respect to what had no racial he did here Albuquerque. Mr. Pori) conducted right of That's an my question. article. business from That the day article it came out to effect my on how sitting now. article ever is that? USA see Today any article. articles from the Chicago Tribune on issue? that last to did have question the to know. number I you We being up at near the the time that Lota' you Burger were that correct? knew that him that I Mr. to we the individual Casanova. actually out assumed tied knew there called showed had is black, us, he Casanova effect? 7-Eleven was not CI any for him didn't had the Mosley know right had until individual me. Casanova. had I that the and I had right the fact guy never based that met on Mosley the called 98 1 him Casanova. 2 not know 3 Casanova. 4 Q. 5 guy? 6 A. Based 7 Q. And 8 pulled 9 A. I 10 Q. And 11 A. When 12 Q. No, no. 13 pulled 14 A. 15 that 16 murder arrest. 17 Burger and 18 Q. 19 black. 20 A. How So what did you up race you on going he know the pulled there, the did it, I he driver's and didn't showed license the based even up the know that photo driver's on if you that I license name, it had was the already photo I did Yusef right pulled. before you you? did. I you knew I pulled up had The You to had he the up, black? I didn't. pulled that the was a driver's license photo before he 7-Eleven. driver's four to So before license five photo felony I knew and the before I Mr. Casanova pulled up. showed that driver's license photo criminal convictions that history including pulled Mr. up to the the Casanova Lota' was Yes. MR. PORI: 22 THE 23 MR. HURTADO: 24 THE and was. when 21 25 into I do That's COURT: COURT: need, I Mr. I Hurtado, No, I'll guess all -- have. do you have anything further? sir. look at the video that was provided, 99 1 2 You Mr. can go ahead THE WITNESS: 4 THE COURT: 5 discussed, and 6 an 7 have 8 ask in-camera a set at an 9 Thank There interview of in-camera seat back over here, the only 11 phone, if you received 12 individuals, 13 selective enforcement 14 recommend that 15 how 16 ethnicity 17 people THE get 19 and them I MR. PORI: would you matter that we be had in generally he received training like motion to they, and on know about investigate were me any would have appropriate to informant. mind that have Do you not you wanted to if he or not it is was to use a cell how for how that whether how to select purposes many they people said, could give of did no, us the he move the on, race or individuals. COURT: to other confidential just training they those it the that Yes, that of one interview? true many is of questions 10 20 a you. that's whether MR. PORI: and have Johnson. 3 18 and Why by don't next Very you put your questions in Thank for writing Wednesday. good, Your Honor. you your time. 21 MR. HURTADO: 22 THE 23 MR. HURTADO: 24 confidential 25 recall him. COURT: When Next informant that, Your Honor? Wednesday. Just is was to not inform from the the court, area, so the we'll have to 100 1 2 THE COURT: yet as decision to No, whether 3 MR. HURTADO: 4 THE 5 and the 6 you ample 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 law COURT: again I understand. to even Yes, sir. want to before look making recessed recess. at 3:44 p.m.) I had interview at that notice. Court's in (Court I the haven't him in testimony decision. But made a camera. here I'll today give 101 1 C-E-R-T-I-F-I-C-A-T-E 2 UNITED 3 DISTRICT STATES OF OF NEW AMERICA MEXICO 4 5 I, John 6 the 7 pages 8 the said 9 the matter 10 11 State In 2nd De of La New constitute Court of RPR, Mexico, a held therein testimony day Rosa, true in do CCR, Official hereby transcript the City of Court certify of that Reporter the proceedings Albuquerque, whereof, I have hereunto set my May, 2017. 14 15 18 19 20 21 22 23 24 25 Mexico, hand 13 17 before in stated. 12 16 foregoing had New for ________________________________ JOHN DE LA ROSA, CCR United States Official Court Reporter 421 Gold Avenue, Southwest Albuquerque, New Mexico 87102 Phone: 505.348.2249 on this 102 1 I N D E X PAGE 2 RUSSELL 3 Direct 4 Cross 5 Redirect 6 Recross 7 REPORTER'S CERTIFICATE 8 DEFENDANT'S 9 A Spreadsheet 69 10 B Video 53 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOHNSON Examination Examination by by Examination Examination EXHIBITS Mr. Mr. by by Hurtado Pori Mr. Mr. Hurtado Pori 10 30 71 84 ADMITTED