[Music] welcome to facts or frauds what you are witnessing is real the participants are not actors way back on the record on colum all first Jamal ladimer AKA Jamal Abdul Bay and stepen pre AKA Lucha L libertad just please identify for record morning morning Jamal's president Council table with me morning attorney Thom morning good morning with Mr morning attorne morning I told one or both or all C want to discuss something so that that your honor I wanted to um raise for the court that I think we're will need some time built in before the Commonwealth introduces uh Mr jula's body worn camera which I expect is going to happen tomorrow to discuss um yesterday the Commonwealth sent us more shortened Clips I do think it raises some complet weakness issues and there's also an issue within transcript so I think there's a couple issues that may take a little bit of time to discuss so I just wanted to let the court know about that now so we can have time before we get to that point tomorrow is this an editing issue I mean this is raise editing issues yes Mr Thompson any thoughts about either the the substantive issue that we need just set side time and if we do listic plan uh well we discuss it I know the court has a has a but I would suggest today or even maybe first tomorrow morning um question you know complet we can bring the original video the transfer with the original video um if we're going to do that I may have to recall a witness would otherwise identify certain places in that transcript so they you get prematurely identify something and I think it's not going to be all right let's do this let's see whether there's a natural point to do it today um I mean one way to do it would be to tell the jury that rather than sending them home at three I thought I might just send them home at one for 12:35 um give them more time than we would have what time regressive do that the other option would be say path that we're on need tell them 10 instead of n to build in an hour for us to work with those issues I'm amenable to either option I think I now that I S of say out loud I think I favor the second option that's fine with so I join what mentioning um and I'm not prepared to address that today either so PR tomorrow all right so I think we have a consensus we'll tell them to come tomorrow morning at 10 everyone should be here regular spend the hour before the jury gets here those issues just wanted the great update on the R&B documents or motor vehicle documents generally to avoid what happened yesterday uh how plan today large pouncil were pretty much there in terms of an agreement on redactions but just to streamline it today and the court with understanding that the the document would come in subject to redaction based on previous rulings but rather than install up the time by going to SAR else to discuss I think that's a good way to go well you should raise any objections you have uh raisings would have to the overall admissibility if you think something's just that they proposing inj is just not a thisal obviously raise that objection but as to the the sort of smaller level reactions that is if I ad if I rule that the evidence is broadly speaking admissible uh you can just renew the same objections you can made with respect to other RB records which pertain to redaction and we don't have to hatch Val now ideally you'll resolve them by agreement and if you don't hopefully it'll be a narrow set of questions that that to resolve before actually see I want to just give you the heads up that I just a few minutes ago sentence Noble a preliminary graft of final instructions you will see that it's not final for some reasons for example it includes instruction it's not first of all know not that's is one second of all don't know whether you want the instruction and third we do want the instruction you look at them address whether for whether you for vision so please understand that this is preliminary and There Are Places You'll see where I haven't listed I think actually there are places where it doesn't say what count each event Mr L see it does say just I've had time to go through have but don't worry about that I I still have you'll see a fair amount of work to do what I'm hoping is particularly with respect to the substance primes if I give it to early rather than hold it I have it polished it gives everybody a chance without rushing to read the instructions on sub FLW and let you know if you have U give you time to prepare your responses to that any suggestions you have please read all of them and let me know if you have suggestions as to other aspects of it but the other aspects of more sort of Oiler BL as opposed to sub defenses please Focus first sub okay I'm not sure we'll do a Char s of see how how that goes but I hope by giving you more time that you don't have to race do it all anything else you talk about um no I think I all right bring morning J hope everybody enjoyed the day away from for yesterday uh thank you for being on prompt today I apologize as I mentioned sometimes are things that come up unavoidably unly that have to regress outside the presence I'm sorry waiting this morning um uh let me ask you has each of you been able to comply with the instructions I gave you uh yesterday or Monday all IND see before we do I want to say one thing now so I don't forget to say it later attention the trial tomorrow morning because there's something that you address outside your presence but it's not unforeseeable it is foreseeable we're going to ask to eat here tomorrow by 10:00 a.m. rather than not uh the hope there is that we'll be ready go right at 10: so hopefully you'll benefit from having an extra hour in the morning before you have to be here but please remember even if I forget to say it at the end of the day today be here tomorrow at 10 with that this race home you were going to beginning cross examination also holiday holiday morning officer so on Thursday you were explaining that you B two men jogging around 6:00 a.m. is that right and one of them was wearing a long green army shirt and blue short and the other one was wearing green army fatigue on top and bottom and had a green and you saw them and you put on your police Li right and they St yes and you P them their hands where you could Fe them yes and they did that and you asked them a couple questions right yes um about what they were doing and they answered your question yes you can see their hand right yes and um one of the men the one in the blue short while you were talking and looking at him moved his right hand you said towards his right side right to come down okay and um you got nervous when you saw that right and uh you could see his hand but you were nervous about it yes okay um and now he didn't put his hand inside a pocket right he didn't touch anything at his body right and so when you thought his moving that's when you U put your firearm in the low ready position and you at that time ordered both men to sit down yes and they did that yes and you ordered them to again keep their hand yes and they did that yes okay and it was at that point that the additional officers started to arrive yes and were those additional officers um from Wayfield or St Le or both and so while the additional officers were arriving the two men are still sitting down right yes and you still have your firearm position right yes okay and um once the additional officers arrived you instructed one of them at first to stand up right yes and then that person the P right yes and then you instructed the second person to stand up yes and that person was yes okay and um you said that the person in blue short um so you didn't hand that person right else okay um and but well but you were still there that was happening yes okay and so blue sh had a firearm right yes um and that was Dr chest area I couldn't quite see where was okay um it wasn't visible when you were interacting with right it was underneath a shirt um and so you work for w field Police Department right not Weld and you weren't we body thank you redirect thank that conclud your testimony thank you for being here ex next witness calls William parley You Found Me SAR the testimony you're about to give to be the truth the whole truth and nothing but the truth to help you I do sir you may proceed good morning sir morning nice clear voice so everybody hear jury full name spell it for theit of our it's willamy uh what do you do for I retired from the middle sheriff's office at the middle Sheriff's off I was the commander of the incident management team was in charge of uh the command center and saf um in addition to your duties um what would with respect to operations at the facility and I assume you mean section what were your duties at that facility first um I would all the fire safety fire prevention and Communications and um you have duties uh as part of your job that involves things happening outside of the facility I did I was the commander from the nlac incident management team what is nlac Northeastern Massachusetts law enforcement Council it's a unit made out of different police departments to two Sheriff's offices for M County that would respond and assist each other whatever needed to be done uh so it's a group of local police department as well as the bill Sheriff ask Sheriff yes okay and um in terms of providing assistance what are some of the forms of Assistance or resources that M makes available to law enforcement there SWAT team regional response team Incident Management team motorcycles uh bicycle unit negotiators is is that because you know by by being a member of NL then individual departments don't necessarily need to have their own people who can provide all those servic to their Department yes just it's a helping hand to help the cities in to especially the small ones that don't have the B budgets to provide all those assets in one area so it's essentially a for resource yes all right and um you mentioned uh you're retired from working at the Sheriff's Office how long did you work there your uh since retiring from there if you've taken another job uh in law enforcement not in law enfor where do you work I work at Bentley University what I'm the manager of Life savy all fire safy um now we we working um in Your Capacity as uh uh an investigator for the bill Sheriff's Office on July 3rd 202 I was working the did you um respond somewhere that I just wanted to wait for Mass was there a particular part of me I went to we ended up on the North we okay and um uh was n like in communication with other police departments in state that was that in connection to what was going on on the Highlight nearby yes about how far was the the area you described post on about how far was that from the incident on the highway I would say less than a m um and U on North Avenue around were you there around 6: a.m. in the morning I was okay did something draw your attention around that time um a radio call from we heard through the radio system at the command post from BD that one of the officers with two suspects matching a description on North okay and uh what if anything did you do learning that uh myself along with a few others in the command post went up we can see from the distance we can see the cruiser so we went up to assist when you said you could see the post you give a a approximation distance roughly 100 GS maybe not even okay what was the lighting like that point would um and as you approach where you can see the cruiser uh what if anything else was uh two individuals were sitting on the ground at that point with the and um what do you recall about the he and uh clothing of the individual Pro uh were we do you recall how many approximately how many officers went with you to go check out the situation three off as you approached um can you give the jury an idea of whether you're coming in from behind the seated suspects or perpendicular to suspects in the officer we would we would be going almost head on to the officer going up north down towards the 128 area so be going straight on and um was that officer Halliday yes um and so what if anything occurred as you approach as we approached the floor offices the three others approach um the we officer over scuer um I just explained to the officers we approached and said that um if you would cover we'll go in will come just detain them at this moment and that's the at that point what were you wearing for uniform at that point I was wearing tan pants in a polo sh with the m um so what did you do after that um once I went in and I the officer I spok with the officer as we approached I told I I just went in we asked the individuals to stand up they both stood up asked them to turn around spread their feet put their hands behind in their back they comped did everything then went in and one of the suspects and um the uh the individual that there two individuals which of the two did you deal with uh Mr herand and what do you recall about the clothing Mr part from believe describe camouflage earlier he was wearing a long sleeve camouflage and he all right and um so when he stands up what it first um I asked him to turn around he then turned around he comp with my orders turned around behind his back he comp with all the orders that I did go take possession of his hand and kep him with handcuffs what after that after that I I went to go P search him I felt on the back that he was wearing um body armor I just alerted the other officers and you have any experience yourself wearing body I was wearing yes and so you were able to detect this by touching what his back his back corre so what did you do after that um I contined to P search Once I explain to them I continue to P search him run and down around the stre and felt something I then looked around the body seen a handle of a handgun told everybody at that point weapon and at that point I directly be suspect to nail pushed him down well push him down he didly with all my on he went down to his knees on the grass at that point I then remov the handgun from like a like a PNY pack I guess you would call it his wa hand and was that b pack situated in front of his body or to the side or he was right in the middle of his right under so if I understand how you're describing it officer CID is behind the suspect suspect is is uh standing at first you Pat him down and then end up on the other side of the suspect so he's in between you and officer that I I once he went down to his knees I then the other officers then came in as I went around to the front to me G out of yeah and what do you recall about here uh the handgun was just a black handgun I then removed it I took about two steps forward and then made it empty and safe and plac it on the ground how did you make it U empty sa I remove the magazine and split the rack back and the r SP so I take it it's not a revolver where did you place it I plac It On The Ground Bo a couple of steps in front of the suspect at my and what happened at that point at that point I stayed with the handgun other offices when detained and continue search the suspect were you cognizant of where the second suspect second individual was I was uh was he still on scene or had he been remov he was still on scene he was approximately 6 feet away two and were there officers with that person were uh did you take note of whether there were any other objects or items on the ground near that on the other yes um I didn't see any other all right and so what happened after that uh at that point once I stood by the gun as was still on the grass I stood by that other proces continued to come into our area that state Poli as well came into the area once tro just came in they went in and picked up the handgun is that Trooper Cassidy I think so is um when Trooper Cassidy arrived did you go with him to certain areas of grass um I was still at so were you there when you um and were you still on scene with the um uh F no com you a couple of questions about the um N Post yes so um did you arrive at the exam or did you arrive earlier I was what time did you arrive you remember I want to say I arrived approximately 3:30 in the morning okay and did you when you arrived was it to that same area you were describing earlier the north okay and when you got to the North Area what was the them there uh at that point at 3:30 in the morning was quiet other than police offic the area okay and at that point where the police officers were there um we police officers or ml about how many officers do you think were there on the area probably 10 maybe okay and then over the course of the next two and a half hours did additional people arrive they were arrive at the man and then be sent out to designate an assign okay and so your role that day was um the commander of the instant management team under that right correct okay and the nlac response was that both at the command post and also F on the highway yes okay and um do you know approximately how many n Affiliated officers responded that day total on the day probably sa why okay and um was there also some special NX equipment that came to the area that day we brought in the command posts and the the what was the second thing you the the ELC Vehicles oh are those the Beats theats okay and do you remember how many um NS there were that day okay and when you say you brought the command Bo can you just explain what does that mean um we arve with the smaller command post which is the band Sprinter Sprinter size White Band okay okay and then um when you were talking about approaching the two suspects were sitting down you said um that you said to officer holiday holiday uh if you cover will go in or all go in or something okay and when you said if you covered what you meant was um with his AR is that right what do you mean by that more eyes on just from having that distance from the back side of us okay so um can you just explain what do you mean by cover what does you mean by if he cover to explain would be he was he was on the back he would have been on the back side of us now by is Cruiser would be to just have that eyes on the back side of us to watch cover us okay from from eyes okay and and us would have been you and the other three officers arrived correct nothing further thank Youk you redirect no you're captain that concludes your testimony thank you very much excuse thank you next witness come chrisop for Cassidy you saw me say the testimony you're about to give to be the truth the whole truth and nothing about the truth so I did thank you morning tro welcome good morning you may proceed coun morning sir good morning nice clear voice full name you spell your last name Christopher Cassidy c SS i e y what you do for I'm Master how long have you had that position four years um and uh what is your assignment current currently it's assigned to the Commercial Vehicle Enforcement suction okay and um what prior assignments within the state Poli the state um back on July 3rd 2021 were you working out of the and over barracks in that capacity is that a uniform role or is it playing uniform and um were you uniform that that I was did you have a marked or unmarked police um you recall what your shift was you work at I was working night shift 11 to 7:30 in the morning and um when you came in that day where did you go I uh assum Patrol soon as I sign on and then um later in the early morning hours of July 321 um did you have another what was that I was requested to shut down Route 95 s did you do that I did um I position my cruiser in the middle of the highway and use Road players to divert traffic from the travel L any point where there other vehicles uh with you Tak part of shutdown yes um Mass do provided a truck in signage and then later on another okay um fast forward for about 6 in the morning July 3rd 2021 did you go some place else that I where' he go north um and approximately where I I believe it was like 400 block um when you arrived there what did you see I saw two suspects that were already CED they were on their knees and I saw several officers um standing by supect okay and were you the only state police trooper that arrived at approximate time of that location troo also on that time okay was he also he was did he also have a mark he did the uh the people with these officers were you able to discern what department people that were with these two suspects you did you discern which police department they were with um somewhere fromi field and others Lo like they were with and um of the two individuals what do you recall about their uh appearance clothing um they both that on camouflage um and one of the gentlemen had on blue shorts and was of the two individuals was there one that you dealt with uh that the one with the blue shorts so what have to do with that person um I I searched him first and then I SEC him in the rear Department um and was he placing custody at that point he was um was there Captain Buckley from nlac that you that was with him at that time yes and did you and Captain Buckley go over to an area of the ground after you took custody of the of new short yes what did you do with that one there was uh multiple items on the ground in front of where the gentleman of blue shorts was healing um one of them being firearm I secured the firearm in a when you picked up the firearm were there some with it there were two magazines with a firearm okay uh what did you do with those I put them in the uh same and once you when you collected those items uh were you touching them your skin or did you put on kind CLS I put on regular medical um with the BL style that T close Okay um was there also other property in the ground that you collect there was what were um boots gloves items um and uh what if anything you recall about what uh the blue shorts person was wearing on his camouflage he had a t-shirt I believe that was camouflage on and then he also had um a long sleeve shirt like a long sleeve shirt that was um still kind of Ro his handcuffs okay um you recall uh collecting any other um clothing garments on the ground um he had a vest that was on the ground as well what kind of vest are you um it was like a ballistic style like a military looking um PL carrier style vest was it light he um as you're doing this with the second suspect still on scene and was there particular offic dealing with that person primary for the so once you collected the uh property and took custody of the gentleman blue shorts where did you go transport back St okay and um is there a process that you become trained in Booking process U that occurs at thats yes you just give a general of what that process entails there standardized questions that you ask everyone that comes into the barracks um they photograph the purpose of that is to identify who the person is that's count correct so what type of question they asked of the first um P information your parents names do you have any children your address your name dat of birth social number address appy Etc correct and you describe people generally photograph as well yes yes um all right did you uh did you B any individuals that day July 3rd yes who did you B well Fredo Hernandez me just show you a couple things and through the book process did you take a photograph of that person yes show you this tell me if you recognize the individual on the photograph yes take that photograph yes a fair and accurate depiction of the way he appeared at the end over barracks on July 3rd 2021 this no objection objection 52 publishing exhibit 32 on the projector for the jurors um and the the information about Mr um Fernandez uh through the booking process were you able to book him with a date of birth and an address yes okay do you recall those some information off the top of your head is address his address or his dat BR yes sir um when you booked him was that information memorialized somewhere what kind of document report when reviewing that fres your memory read that to yourself take as much time as you need let me know if that refreshes your memory first of all as to Mr hernand state same as yes what's the DAT uh what about the address refresh your memory about the address you got from this individual you book for this individual about three years ago yes what's the address Bronx East East marsho in the Bronx yes um is it part of the booking process to inventory personal property of the the person who did C it is um were you able to locate on the pur of Hernandez an FID card or license firearm it did not uh was there some kind of reported Iden identification document located on his person yes what do you recall about it it was a card show you this uh photograph recognize the item shown in that photograph that I placed before you yes what is it pardon Mr and this property is that the of ID talking about yes so a fair and accurate depiction of the front side of that ID as it appeared when you saw it on July 3rd 201 it is this is the next same objection as with the uh previous Mor ID no mar3 53 in the projector for the jurors I imagine as a state trooper you've done a lot of more vehicle stops and imagine you've probably seen a lot of different state licenses and and federally issued identifications and um do you recognize this to be the identification issued by any state federal government now there was a second individual you booked that day is that correct correct who was that Mr Rodriguez um you would mentioned that Trooper Cassidy had been with Excuse me Trooper Loro had been with him when you responded to North Avenue do I have that right yes was Trooper D Loreno at the barracks with Mr Rodriguez at some point that day he was um with respect to Mr um individual Mr Rodriguez did you go through with him the same standardized booking procedure you discussed for um the other gentleman Mr hernandz yes take a photograph yes how the jurors if you recognize the individual depicted in the photograph I placed before you any who's that that photograph taken by you when you booked him on July 3rd 2021 yes the fair and accurate depiction of the way appeared to you during that process yes this is the next no objection no objection uh we'll get very well quick 54 on the projector you the same standardized booking process for him as well is that right did right and were you able to get a a name and other identifying information part of the book process yes um could you give us his first name if you recall it and um as far as his date of birth social and address you recall those items on top of your head from the 12 three years a review of this booking reportes yes take as much time that over yourself tell me if that refreshes your memory first of all is to the uh data bur what is dat objection same objection yes over 9 UM and what about the uh was there a social security number obtained there is this last four on that's fine would you remember or give us the last four of the social obain during the book9 sorry set injection yeah uh relevance grounds yeah over sorry can you say the answer 0979 what about the address we also we heard on the whisper devices questions about clock maret um the uh markings on the box do you see that it has various lab markings on it various lab numbers on it I okay um the condition of the firearm itself um what position is the the slide up top slot to the rear okay and is there something uh You observe about the barrel and the uh the action of the pistol where the the bullet where the rounds of bullets normally be placed and fired is attack to the barrel and is the magazine actually uh inserted into the firearm at this point it is not does the ammunition appear to be separate from the magazine which is in turn separate from the firearm yes so in it's conditioned as it appears for you could this be fired no um so your supposed to Mark the box and its contents very well it will be exhibit BB for identification when you first recovered that P on the two magazines um was the ammunition all separated from it or was it all together it was already separated at that point okay um had somebody apparently made it save yes um the as you look at it today You observe any kind of trigger lock locking trigger do you recall seeing such an item back when you recovered it on July 3rd 200 all I have for this no cross morning good morning I um want to way back up and just talk to you about when you first arrived on the highway and said you participated in shutting down 95 is that right yes what time did you arrive around 6 a.m. uh sorry around 1 a.m. okay and when you arrive um what could you see from when you arrived on the highway not much it was uh pretty dark out I was on the other side of the highway from where the inent was actually occurring okay and so when you say you're on the other side you me um you're on the southbound side of 95 correct okay and from being on the southbound side of 95 could you see anything on 95 Marb related to a van or pick up truck or police cars or anything like that I can mostly just see like emergency vehicles um any would had their lights activated but other than I couldn't see function okay and were you like at the highway entrance or exit is that traffic off ramp okay um and so that was you know it was on the southbound side um were you north or south from where the van okay and um think you mentioned that initially you just positioned your Cruiser to block traffic and use the players right and then how much time passed before additional resources came it seemed like quite a while an hour two hours okay and um you said there were some trucks that came loock off the highway Mass Highway brought a pickup truck out with um some signage and okay and um were you aware of something similar happening on the Northbound side of the highway yes and can you just describe what you thought happening in terms of bling traffic I know that there was several Mass assets I just come here and over the radio as far as uh assisting with road closures okay and was that happening around the same time yes than you redirect no thank you that concludes your testimony thank you very much you're excuse to get do you the testimony about to get to be the truth the whole truth nothing but the truth to God thank you morning May proceed thank you morning sir morning I'd like you to a nice clear voice so hear you give the jury your full name you spell your last name first name Michael m i l last name is j l c what you do for sir how long you had that appointment approximately four and a half years um and currently where you are where are you uh County the sub yes sir how long have you been there approximately 2 and a half years that uh host okay and were you working as a state police Trooper on July 3rd 2021 I was um did there come a time that morning where you responded to Interstate 95 yes about what time uh my memor I don't recall the exact time was after 10 a.m. after 10. and when you arrived what what was the condition of the what did You observe you uh there was a multitude of Law Enforcement Officers um in addition to us a bunch of local departments as well high was closed off was there a a point in which you were directed to a group of individuals by medium for custody yes was there a particular individual that your attention drawn to yes which uh what can you recall about the appearance of that individual uh he was wearing military gr here uh what about you know um distri of that person's uh appearance and clot it was um I mean military cre that's that's how did you interact that person at all that that point I approach the subject at that point so down being as to transport subject C time to where uh the for you exibits 21b and 23 start with exhibit 21b is a boy is the individual you interact with picted in that photograph yes where is second person right put that on projective see it if you could stand by the television sir and just indicate by pointing which indiv idual you're referring to okay the individual with the black vest second from the right of photograph and um going to hand you exib 23 if the individual You' interacting with in that yes second there's one on on the screen as well sorry this is exhibit 23 um again you see the individual can you point that individual out very yes black v what do You observe about the center of the vest it has some sort of bread Maring on okay what do you observed by that individual's uh head uh some sort of black mask okay um you can resume what did you ultimately do with that where did you take I into A4 which is the state police okay was there a particular Trooper uh who was there who actually did the the work of the booking process yes who was that um now you pointed out or you described that red marking on the black vest uh did you do anything with that vest it was placed in that means it was removed from that gentleman's SP yes okay um what did You observe about the bestest as you did it security uh black and color had rking on it that military gr vest that nature when you say military gra are you referring to something that is ESS designed to body armor yes fur no cross no question also your testimony thank you very much your excuse next witness uh Charles rise pleas found me SP a testimony you're about to give to be the truth the whole truth and nothing but the truth to help you God I do good morning Serge uh good morning sir good morning um a nice clear voice so the JY all hear you tell us your full name could you spell your last name the record Charles Lis l i what do you do for living sir I'm State Police what do you do there we charge of VIP operations Comm of the c c te we handle all that come in out um in terms of is that a security and protection assignment or what is that so as like last the president come so we work with Secret Service as far as getting the B and yes um and how long you to State Police 22 years what other assignments have you had in your career um I assigned to the instructor for the 79t for the ss9 this three collapes at St L Academy I work for the range and I'm also onction resp you've been a drill instructor at the Academy um uh in terms of the quanity what is that so this currently 65 of us primarily on mission is for CR control sege rescue and for critical SE security how long you that 20 years um did they come a time on July 3rd 2021 where uh you uh when you were called out to do something the St please yes what was that so we got to Le just after 4:00 in the morning from L Hara that there was an incident on 128 North where some um subjects were you know involved in a standof with some AR15 motion um you um when you got when you were at the um8 what time is that so the alert was at 412 asking for TR to respond 422 they identifi the TR that were responding and it was probably within under an hour was 128 in what time so it's probably 530 in what town oh sorry W sorry I'll Stand All right so you're in W um and uh shortly after uh 10:00 a.m. did you go to a particular Park part of Interstate 95 yes um what did You observe in terms of the vehicle of individual so at this this point I have no idea how they surrendered or the people Sur all place in city were call for to transport panties and where were they relation the restad so the U I pulled up in which would be the left travel Lane and the person that I transported was in medium so in the medium it separates door from South correct okay what do you recall about the uh globing and appear so where gold and any other garments boomy hat what's a boy head is just like a when I was in pan War to keep the sun off the top of your head so wi correct and um what did you do with that individual at 12895 so I plac um did you secure any property from that person yes so once I I actually was getting the Cru he asked me I I'll withdraw the objection now that the now that I heard the answer very well answer stand so so after hearing that question did you take something off that yes what' you do with it I place it the my what did it look like it was a a heavy military bra external carrier they call sappy Place pack small AR protective insance and heavy metal place or V protection so some kind of body yes I'm going to show you an take a moment and examine this and uh the um the item you seced in your Cruis uh what did you do with it first of all where did you take this I took up to the EXP and um was there a particular uh place within yes where was that okay um was there particular trooper that was working in the booking room that you've been de yes um is the individual you transported uh here in this courtroom today yes could you indicate where in the courtroom and uh tell us what that individual is wearing he's sitting over to my right all the way to the right of that desk wearing a white Shir the record please reflect that the witness has identifi the defendant St the record May Sil well the um one or two other items sorry show you exhibit 21 a is an ad person you transported depicted in that phot I'll put this up on the projector what I'd like you to do is you television you can show the jurors where you're referring to you can stand next to the TV where's the okay so you pointed to the individual standing uh in the top right of the photograph with his hands on his head okay and uh you can wait there I'm going to hand you exibit 22 tell me if the individual you transported appears to that yes he is all right let me um put that on the projector you can indicate the J's where put zib 22 on the projector you can indicate where so the individual of now on is knees with hands on his head correct and the top right correct all right keep head I'm G to show you an object if you could just tell me over look it over to yourself tell me you recognize what it is to hold it up you recognize what it is yes what he and um there's some tags and other information there's a yellow tag hanging off it that has number starting in 2021 and it's got 084 you see that yes you recognize that to be a state police case number corre your H I offer this uh exhibits I'm not going to publish it this moment offer no objection no objection without objection it will be exibit the yellow tag that's all I have with those witness your honor very well cross examination no problem so you arrived in the area um around 10: a.m. is that right or ear on 128 yes oh 5 okay and where were you between 5 I was paent on8 north south of place okay and so from where you were could you see the no okay what could you see around lot of cruises and 10 a.m. is when you move up is that right correct now wall it between 5:30 and 10 um you were getting information and updates about what was going on is that right not much okay um so what were you do me you kind of standby or something else we was watching the wood line and stopping vehicles that shouldn't come up the highway okay um and I think you said on Direct you didn't actually see the individual kind of coming into the road and then walking one by to the police is that right I did not okay so by the time you got up there um you were essentally CID person is that right cor okay and um you identify that person that youed as Mr Lucha or stepen right that's the is I did not there okay um that person you you hadn't seen before you put your car right no you had had any interaction with him prior to that right no and um when you were affecting the property that he had on him he didn't have a firearm right he did not he didn't have any ammunition on him right no he didn't have a wallet on him right I found um you didn't find any identification cards on it right what identification card I was F yeah okay um you you didn't see any CS related to the mors or Mor identification cards or anything like that right um and you also nothing Sergeant thank you very much we'll take our morning recess now as usual ask you to as quickly as okayi and try 11 you that testimony you're about to give to be the truth the whole truth and nothing but the truth so help you God I thank you welcome May proceed morning we we have your name please spell your last yes my name is Matthew mc mc e r m o i m 2018 uh where are you currently I'm currently the Essex County distri Attorney's Office what are your duties respons uh primarily new homicide cations um how long have you been with the ssda uh for approximately a year what did you do before that prior of that I worked out of the SD Med Barracks um we working as Trooper on July 3rd there come a time uh that morning we responded to Interstate 95 uh in the C W yes sir what time that would been the of the and that time U was that a position that you worked generally in uniform uh yes sir you uniform that day yes sir Mark or Unk police uh I had it unmarked but has police marking police visible lights in the windshield nice so um around uh little like 10: a.m. did you respond to a particular area stay is there I responded to command post which was was 95 North about 28 and um from there did you go to another particular section of st95 a little bit further I uh that was just a little further north uh where there was a road block set up by members of the and what could you observe at that point in terms of the vehicle of the officer pres think uh there was a number of police vehicles they had tactical Vehicles there was number like st stop team in tactical gear long guns the command post consisted of C like an RV with computers and communication technologies that nature was there a uh you take note of any particular individuals U at application at that time I was called to uh transport so there were a number of individuals that were brought through the roadblock and to where I was what's your recollection of where those individuals or position uh I didn't see where they were to be in custody but they were brought down to me by members of the the M saely stop um was there a particular individual transport yes what do you recall about that individual he was in in Tactical clothing when he was brought to me he was in the custody of the stock team number he was wearing soft body armor a camera with him okay um what about height and Bild and other fees uh he was a a black male he was fairly tall I'd say over six feet tall uh 250 lb pretty pretty L what did you do that I took the uh soft a from him secured it in my cruiser B him down a second time uh and then places in the rear of my transport where did you transport to I transport to the barracks and once at the med Barrack the particular area of Barracks that you went to with this uh initially he was uh he retained in the the group back we had a number of individuals that transported booking initially in the uh the pris department of the Cruis under supervision and I would to prepare the the booking area and um trained on the standard booking procedures by your agenes yes and um did you go through that process with this I IED okay um ultimately were you able to after going through the booking process were you ultimately able to B that person take uh I wasn't able to complete full booking process um but we were able to uh um the the the booking process what types of questions are asked person uh just pretty strictly demographic questions name dat bir stre address height weight things of that nature are photographs Tak of the person uh yes sir and is the person generally fingerprinted for identification purposes yes sir show you a photograph please tell me you recognize the individual picted in the photograph I placed for you I do who is that that was uh Brandon BR is that the individual you've been describing yes sir okay uh did you take this Photograph I did Sir uh and whereas that St that he's sitting on the bench in the booking area of is that a fair and accurate depiction of the way he appeared on July 3rd 2021 when he was at the B yes this is no objection no objection objection 58 Place exhibit 58 on the projector of jurors show you exhibit 21 B exibit any individuals in it that you were involved in Booking on July 3r 2021 follow and what I like you to do is I'm G to put this on the projector did we just stand next to the screen and indicate point out for the jury person to whom you were referring standing on the far left the group of individuals 21 follow exhibit 23 I'm showing you you are tell me if the that individual you books vi from that yes sir still the left side of the frame I'm put this one on the projector we'll do the same exercise would you please point out to the jurors person to whom you're referring the person on the far left would appear to be uh kneeling in that photograph yes sir yes um and for Mr Brittain when you book a person uh is there the information put into the booking system memorialized that yes it's all rained in it's the ram system that's the software we use stored use okay and um that include for example name date of birth and and the information you described previously yes sir before we get to that information I'm going to show you another set of documents you see that I'm showing you something that reports to be state of New York Department of Motor Vehicles and reports to be certified at the bottom right yes sir okay and it um you see that the records all appear to pertain to the same uh individual yes um looking at the first page this certified set of documents you recognize the individual in the protograph marus CC for identification uh there's no objection okay go entertain objections to Mark oh I'm sorry I heard I thought CC now with respect to the booking information BR um do you recall the date of birth and address you got for that individual during when you B that I know um you testified earlier if you memorialized something would you look at the um document I've handed to you just read it to yourself tell me if that refreshes your memory first of all dat same yes but I'd like to make a a poer showing on the whisper device if I could so I think question before the witnesses what was the date of birth correct yes I believe that's correct and I'll ask it again the refence please so trooper that uh document I where refresh your memory to um what the date of birth was for which Britain after the booking process yes what's the date of birth okay uh and so at the time he was in your custody was he under or over 18 uh at that time we determined that he was under 18 uh now do you recall Mr brittain's address for booking purposes at this time yes matter of a coup hours later Bronx Bronx and that's in the state of New York yes sir okay and um did anybody um come to the barracks uh later that day uh with documentation pertaining to Mr BR yes sir once was the tournament he was a minor he was uh taken out of the holding cell use in he was uh placed on finding space there provision we called his mother his mother drove up in New York with identify um you say a non-confined space was he waiting in the office of your tenant yes sir were you a single page document tell me if you recognize what that is yes bir certificate okay and um see that I also have a part of the documentation it's a Suba direct New York Department of Health mental hygiene Al Vital Records yes sir see that and um said maybe what I would do is I would envelope and I would Mark the two pages of the document which appear to be the front and back of certification statement together as so that would beud 59 p two pages and the the othera syvel would be mar7 59 I'm sorry I'll just put that on the pro you see that list the Brandon written the stre and uh apparently in North Central Bronx Hospital as part of the booking process you normally or did you attempt to inventory uh the property on Mr person I um did you find any license car fire I did not find any uh Firearms identification CS no sir what was done with the vest and the camera described in having already uh anything that was uh found person was secured as personal property EV so that would have been entered into evidence excuse me at the Ben Barracks yeah so the Evans officer of the Barrack will Taken o property which is the C the locker and placed into the temporary evidence Locker now um that wasn't the only person you booked that day is that correct that's correct okay did you um come to uh meet with Trooper Michael Jolie that day as well I did and did he have an arreste with him he did um what did that arreste look like in terms of appearance and clothing and G U I believe his [Music] similar here blackmail the head covering of some kind okay um you remember the the color of the head cover I believe it was a you know camouflage color [Music] green um and um what did you do with that individual uh one TR Jo he brought that individual uh he was brought the booking area to the book bench and uh again his property was his person was searched his property was aside secure locker and I attended the Bing process um trer Jo had any property that he passed off to you the booking officer having transported person you had the plate carrier the armor you referring some kind of body armor yes sir um and uh as part of the booking process you attempt to um inventory a personal property and person's in the person's clothing and in their possession what if anything cover I believe it was just the uh body armor that's the only that again most of property Tak and set aside pile um okay you actually book a total how many individual I four indivual okay um let me show you a uh photograph and ask me if and and I want you to tell me if U if you had involvement with the person photograph I know you B four people I want make sure we're both talking about the same person do you recognize the photo the person in the photograph that place before you do sir how do you recognize that was one of the four individuals that I vote G known as L take a photograph I did a fair accurate depiction of the way he appeared um on the on July 3rd 2021 fa yes be no to the uh Tri the mix it up ear with the ID so just saying no objection to the trial exhibit no objection so 16 um and the uh the information for that the name for that ver you gave us what Quin Cumberland okay my apologies to your earlier question you had a cell phone as well hey um let me ask you this this do you recognize the uh documents before you then including subp to the Rhode Island Department Motor Vehicles yes ping through these doc you recognize an individual uh PED in these documents I do sir that the individual and the records appear to pertain that indidual corre they do Maring ex Edward what was done with the um the that person best on phone they were similarly placed in the D property locker and ultimately evidence in theary okay um did you did you locate as part of your inventory this personal property any I did not any FID FID card firearm correct that's correct um did you locate any items that reported to be some form of identification on I did and uh you describe generally what they were uh one was um some form of nationality card I believe he describ the nationality card it was read it did not bear the name okay there was was there a second item had a wallet uh while the cell phone in the body so is your memory exhausted the number of items you recover it take a moment look at the uh the two items I handed to you look them over tell me if you recognize the first one is the nationality describe it second say identification um are there photographs on uh yes sir you recognize the person in the photog I in the those two cards in the same condition today as they were first saw them on July yes same objection for the nationality card no objection let me 61 for the 61 on the projector the jurors you see sir that this proport to be a student identification card for somebody named qu kir L yes sir it's got the photograph on the front yes sir I'm sorry I for the record I misspoke I said they would be 60 and 61 but that was eror should 60 and 62 I have 61 oh actually I'm not sure it's still my mistake but can I just see the the one that you just showed the student identification 6 61 61 yes and the national identity parties yes sorry and uh you see this report to be something called an identification card yes sir for somebody with an appellation of Quinn Kabir L you see that yes sir with a mailing address of Main Street pcket Rhode Island Republic with the numbers after that yes sir um looking at the card itself what do You observe about the lamination at the very edge of the card lamination ends before the end of the plas of the C itself and uh your time is a state e have you made motor vehicle stops I have have you been presented during those stops with variety of state and federal forms of identification I have do you recognize this to be any such form of identification no sir um before we move on please look at exib 21 B is in Boy tell me if the gentleman you described is the gentleman you booked Mr per Lander appears that photograph think right but let me show you exibit 23 and ask the same question second right I'm G to put that on the projector second 23 I'll zoom out could you walk over to the television and point to the jurors so they know who to whom you're referring sorry I didn't see where you're Point okay second from the right and Exit 23 you may have a SE uh now we talked about two individuals who are involved in Booking out of the four correct yes let me uh move on to a uh another person um how was this third person dress compared to the rest of the group I apologize which individual was it um well was there an individual who came in not wearing a hat but wearing some kind of colored head cover I believe that would be Mr okay how would that person dress compared to the other people you had book that I address here similar attire okay um did you photograph him as part of the booking process I did recogniz the individual photograph I what you recogniz at the time number two objection how was he later Iden I'll so members of the jury you to disregard the answer the last answer was just given it's strien from the record you may not consider it so this individual uh today at the barracks that yes no objection no OB without objection 63 take after yes um I'm going to ask you if you recognize the individual in we be in the book there's I imagine there's a computer you do the booking on yes in this Photograph we're looking on the projector uh Mr Antonio he appear Seated on some kind of chair or bench is that right that's correct imagining you're at the booking computer at metri um am I where I'm standing in the courtroom am I closer or further away than this person would have been to you during the process well I'm going to walk towards you you tell me when I get closer right so going say would you agree with this is 6 to 8 ft uh and uh was the lighting similar to the way it appears in exhibit 63 on the screen yes how long did the booking process take with this particular individual I would say 10 minutes okay and your uh is your attention during this time focused on this individual yes um look at this to yourself tell me if you can recognize person in the photograph this is the photograph I began to show you yes um who do you recognize that person to be I believe that's Mr Antonio and uh Marcus for ID or offer the I'll leave it you want to introduce it sub motion St if not proper properly authenticated you can do that if you wish I I would accept it on that basis okay I'll offer it's exhibit 64 and the objections that we discussed inside are noted putting exhibit 64 on the projector see this the individual in the photograph appears to be seated inside some kind of area yes sir then appear to have some kind of black outer covering here see that yes sir and uh has some kind of hand off over his head you see that yes sir show you a packet of paper so um see that this appears to be a set of record sent to the to this court to the Court's Office yes sir and from the it's from the Florida Highway Safety and Motor Vehicles Department yes sir there a person depicted in those records there is's that and the records appear to have a whole bunch of information about that person you agree with that statement yes sir Markus FR would be FF like frame for identification he up showing you a set of documents produced under subpoena to the par office yes sir okay do you see that they contain a set of booking information yes sir you recognize the individual picked in the photographs of that book I marus um I before did you attempt to make an inventory of this propert proper yes you locate any firearm identification no sir what about um Fireworks no sir right there was uh we now talked about three it was a fourth person you book that day for is that right yes sir that's correct okay and who brought that gent I believe that was what do you recall about that person's appearance uh Sly retired the other individual T theer he came in not wearing with the body armor um what was done with the U body uh that was place in TJ property loers show you evidence is 57 and direct your attention to the little yellow tag at section item 57 do you see the case number do you recognize this as in part because of the case number and the appearance of the it so that the V yes we have a stipulation um we can present the on and wants to see it first or it's been executed by all parties let me just do it for you it'll be marked as an exhibit going to read fine tell you what I have one question that say so it's just about 12:30 why don't we excuse the jury we're going to follow a slightly different protocol today because I have a brief hearing on another case completely un but it's been scheduled for some time you're going we're going to recess La now 12:35 we're actually be back here at 2 so you're going to have an hour and 25 minutes for launch it's unavoidable hopefully whether not asce on Monday but hope you can enjoy it lunch time we'll see you all right can we s the first Ro by second Ro please BR items the time reir um so what I want to raise is this there's a the case law tells us that stipulations to an element of the offense require that they be signed not by defendant's Council but by the defendant identification is in a gray area it's not an element of the offense in a traditional sense because when you look up it doesn't say the person is who they say they are but I have a memory of cases that suggest that identification is analogous to a um to an element of the offense now I suppose this stipulation doesn't say that Mr Lucha L was arrested at the scene it only says that this person in this Photograph was identified as H um but it's close enough to the issue of identification I think it's worth thinking about whether Mr Rich El should be required to sign the stipulation I'm inclined to say it makes sense to do that um because if we're wrong in that direction no harm done Mr luch it's just certifying that this is imp fact the stipulation but if we're wrong the other way it could lead to error so um I'm going to leave the parties to discuss it if you come up with an agree agree course of action that's fine if you don't we'll address it as soon right before the jury comes in at the record that would only be the only part I think that I think that's right um I think that's right because this doesn't as to Mr Abdul Mr Lua L's identity is not as far as I can see um analogous to an element but as to Mr Lucha L his his identity is analogous to an element so I think that's right okay all right so we're going be recess for lunch will reconvene it to bear in mind that it's possible sensing hearing that might get push back five or 10 minutes but I hope thank you yes you should with should focus on the person you're booking or on other things uh for the majority of time it was directed but there was other paperwor I was typing different stuff um and uh occurring in the same lighting conditions he described previously is that right yes um Mr as Mr Perez sits here in the court today clothing the same or different than when you saw um hand you two photographs can you tell me if you recognize uh anybody in that first photograph objection the same the pleas based uh yes I I'll we that photograph um finally uh Trooper MC when you dealt with mrly what was the name he gave you a mission the name ini Messiah examination Thon no so you testified earlier that during uh the booking process of Mr Quinn cumberlander he had um two Mor identifications on him that you presented with during your test right yes at the time of booking I examed one of okay and those came from a wallet he had on him that's correct okay um and were there other ID cards in that wallet I did not find any other ID cards so those are the only two cards in the wallet yes okay now you one moment um on directing van you testified that U Mr Brittain um his date of work was July 12 2003 yes okay um and so that means had he been erected 9 days later um he would have been regular jail not that redirect excuse the witness yes I'm sorry thank you your testimony and your ex excuse Mr um regretably just came back most lunch I don't sense to start this now I presentation that I downtown 430 that's why I to leave here um so I don't think make sense to to start a new witness and I hope you w be upset if we have to dismiss you even a little earlier than you thought um is uh as you're seeing uh trial schedu like trial practice is an art than science we don't always get it right um but I appreciate your patience for the process um remember that tomorrow we're ask to be here at 10 to try to avoid this less use time uh so uh you don't need to just just B and it's fine let me remind you please continue not to discuss the evidence with anyone in this case including each other and that includes not only person phone conversations but also cell phone other or other El devices text chat email blog or post anything the case on social media other Electronic media or anywhere else must continue to have no communication whatsoever with the ERS and part St I expect you must also enough to watch any coverage about this case in traditional media social media or anywhere else please remember my two instructions if you are Expos andage first do your best to minimize the information you take in talk about how you do that turn away from material and if you are exposed please do not mention it in any way your fellow jurors but instead next let them know you need to speak with in private private let know what it is exposed to so they let me know finally please continue not to do any research or investigation about this case online otherwise so that means don't go to any location testimony or if you're ordinary travels you buy one destination please just go by and slow down or stop searchline otherwise all right the front row all the back row please my items I know we have the issue of clips from Mr ABD body address first tomorrow morning we do be here on time is there anything else that we should plan to address in that hour or address either now Bri hour so I guess just to the videos um just heard B about the do complet I didn't catch the other basis which sounded more like a All or Nothing um I remember there be two legal bases discuss so far as we can get some ideas whether there's going to be a do to which video whether it's beginning of the CL the end of possible copy what we'd like to do I think is have the original is there a series of five minute videos whichever and maybe not all the videos are the ones that are beinged to take whichever ones on the subject present that with then the edited ver or the slon down version and the transcript and the court can watch one and then watch the want to read the transcript and and you know make a decision as the rler can you preview briefly Wall's question as I understand it is there's issues in your mind with the document ver meing this yeah so I can tell I have my notes Here I can do it either right now or I can do it with the common why don't you about what specific parts of the videos I think have been essentially Tri too much so that's um issue number one and issue number two that I think we need to address is uh the common wealth I expect is going to similarly to what happened with trup's body warn camera um admit for I for as a chalk a transcript and on that transcript what the Commonwealth has so far produced is a transcript that includes speaker name I think there's going to be a jury question about whose voice is heard doing what there are parts of videos where you can see people there are parts of videos where you can't and you can only hear voices so I think there's essentially a voice identification issue that relates to the transcript and then also just more generally to whatever the testimony is going to be I understand I think now that it's clear and I think you've said that before but I had to say this world in this world because because I forgotten sex as well so me that's helpful what I'm me to suggest is the parties talk offline including Mr Thompson I think you need to be a part of that too since yes I I have a verbal complete in this issue just like attorney raone does I I I'm joining with her is very well so um and what I'm hoping is that you can narrow the issues um so that we spend we don't it doesn't take much time to that we're only doing truly disputed issues uh one thing I suggest is that um what I've seen work in the past where there are issues as far as Speaker IDs with chalk transcripts that is you know a non-official transcript is one thing you might do is figure out a way to present it so you can say colal submits that this is Mr Perez luch L defense contests this or something that conveys to the jury that this disputed issue and what positions of the parties are then alert the jury it's issue that they need to resolve and I struggle with that it's there they have um but yeah the more you can do in advance the better because be a you know I was walking around the city the other day and it was is so quiet you could have heard a window being smashed it's strange really I suppose a lot of people are like Windows so many are seethrough so many get smashed and so many wander around with a glazed look over them are you like a window is your life a pain and thanks for hanging out with us on Factor FR ODS make sure you hit that Thumbs Up Button you're subscribed and ring that Bell for notifications so the next time Premier a video you can me to live chat with everyone else and leave a comment in the comment section tell me what you think and a huge thank you to all of our fax or frauds channel members and if you'd like to become a member click on join right next to subscribe or the link in the description now if you're still hanging around thank you why not hit that Thumbs Up Button subscribe if you're not already and ring that Bell also leave a comment in the comment section tell me what you think till next time I'll see you soon