Day Four: Officer Lindsey Pulled Over Next Witness

Inmate Mario Cirino Sierra is sworn in with the help of a translator and takes the witness stand. He is 20 years old. He was arrested in January of this year on a charge of criminal possession of a controlled substance in the third degree-a felony. He says he has not been offered anything from the D.A.'s office in exchange for his testimony. But the prosecutor points out he has been offered a plea to a misdemeanor charge instead and this refreshes Sierra's recollection. He acknowledges the deal. He says he was convicted in October, 2007, of resisting arrest-a misdemeanor. He says he is from Puerto Rico.

Sierra says he is a cousin of defendant Wesley Molina Cirino. He says he knew the defendant from back in Puerto Rico. He says his street name is "Flaco", which means "thin". He says "Flaco" came to the U.S. around the year 2000 or 2001. Sierra says he was in jail on April 12, 2007. He was released May 25th and went back to Utica, living on Howard Ave. He heard "Flaco" was in jail in Syracuse. He never visited him there.

In June of 2007, Sierra learned "Flaco" was arrested in this case. Sierra was arrested again, housed at the Oneida County Jail. He signed a document to be moved near the defendant in jail. The two were in cells near each other in "B" block. At a time their cells were side by side. They would talk to each other every day. February 12, 2008, he had a conversation with defendant, "Flaco". "Flaco" asked Sierra, when his lawyer went to visit, to say it was not "Flaco", but "Majon" who killed the police officer. Asked if he had any direct knowledge of the death of Officer Lindsey, Sierra says, "No". Says he had no direct knowledge that "Majon" did the shooting. Sierra identifies the defendant as the person he's been calling "Flaco". Prosecution is done with Sierra.

Defense attorney asks if Sierra knew she wanted to talk to him. Sierra says Wesley told him.
He admits he has no knowledge of what happened April 12 because he was in jail. Wittman asks if Wesley told him he'd seen "Majon" with a .44 and he wanted you to tell someone about it. He says yes. He says Wesley told him he wanted him to tell Wittman he saw "Majon" with a .44. She asks if he and Wesley had a fight in jail over playing music at night. Sierra says 'yes'. Sierra says he never had a driver's license. She asks if he was pulled over by Officer Lindsey for not signaling a turn. He says yes and that he did not have a license. She asks if Officer Lindsey pulled him over on Neilson Street. He says no-Arthur and Howard. Sierra got out of the car when the officer pulled him over. The officer grabbed his pistol and told him to freeze and get back in the car. The officer asked if he had a license and he said no and the officer searched his car and found drugs (not yet specified). Subsequently, Sierra went to jail. Defense asks if he wasn't too happy with Officer Lindsey after this happened. Sierra says, "he was lucky to have stopped me-I could not to anything. She asks the happy question again. Not very happy about going to jail. He says, 'the same day they arrested me they let me go'. She asks if it's because he talked to police about what happened. He says he skipped a court date for this in September. He says Officer Lindsey asked his woman during the stop, "why I'm running away from him" and that other officers grabbed him. He says it was August of 2006 when the officer stopped him. He wound up charged with felonies. He talked to police. After that they let him go and told him to report back for court; he didn't. He recalls Officer Lindsey chasing him in cornhill. Officer Lindsey went into a house to find him. He was hiding outside; the officer didn't find him. Ultimately, Sierra was arrested for not going to court--not by Officer Lindsey. In January of this year, Sierra arrested again, for a felony.

Sierra says it was more of a discussion than fight over music at the jail. He admits to defense that during the fight, he told "Flaco" he was going to 'tell them you did that'. Defense says, 'then you got together with the D.A. to say what you had to say to get a misdemeanor'. Sierra says, 'what's a misdemeanor?' She asks him about the sentence he was supposed to get; he says two years for drug possession and violation of probation. Defense asks if he reads and writes English. He says no. Spanish? Yes. Asked if defendant reads and writes Spanish, Sierra replies, "he would know that." Now Sierra says it was in September of 2007 he was picked up by police--earlier he'd said it was October. Defense asks if Sierra was interviewed by police after April 12th. Yes--he says, by a Spanish-speaking officer. Defense asks if Wesley ever told him he should say something about Wesley's case in order to help his own case. "He told me if I said that it would help me with my case-if I told them it was Majon...." Defense asks again if he told him to do it to help his own case. Sierra says no.

Prosecutor with more questions. Asks if Wesley's request to pass on info to lawyers was before or after quarrel about music. Sierra says after the discussion. Heated discussion, prosecution asks....Sierra says no. Sierra says he told Wesley he wouldn't tell police it wasn't him that killed Officer Lindsey. Sierra says he never told any police or D.A.s that Wesley killed Officer Lindsey. Prosecution is done; defense has more questions.

Defense asks if he spoke with a Spanish Utica Police Officer last week. He says yes. She asks if he told police that Wesley told them to give police information so it'd help him with his case. Sierra says yes. He is off the stand. Media were not allowed to tape him, either. Afternoon recess--back in 10 minutes.