Tuesday, March 11, 2008

Day One: Cross-Examining Patrolman Brian French

Rebecca Wittman is cross examining Officer French, asking if he's always Car 51. He says no, that his car and zone changes.

She asks if Zone 57 is a busy or dangerous section? He says "Busy, yeah." Zone 57 encompasses a good portion of the Cornhill Area in Utica.

Wittman reiterates Officer French's inability to clearly see Rivera during his driveby of the traffic spot.

She now is talking about role call, and any habits, patterns that might have put Lindsey at Nielson Street earlier in the evening. She, like the prosecution before, asks if there was any communication between French and Officer Lindsey be it via radio or discussion. French says no.

She asks if French had heard a "Code 4," at some point. He says "No."

She then asks if any procedure requires him to call in making a drive-by to "check up" on another officer's stop. He says no, only if he stops to assist.

Wittman brings up that at some point French learned of Rivera being under arrest, but when asked if he had ever been showed a photo of Rivera, he says "i'm not sure." The same answer when asked if he was ever shown a photo of Cirino.

At John Street, he did not see an individual beign taken into custody. Later at the station, he says, he saw Rivera in custody but could not tell if it was the driver of the car stopped by Lindsey.

She brings up French's deposition, that in it he described the driver of Lindsey's stop as a "chubby, white or hispanic male, clean shaven." Wittman asks him to be more specific about Rivera's description, but French says he can't.

She once again asks if when she drove by if he had any communication with Lindsey or just a gesture. French responds "just a gesture." She then asks about distance between him and the Neon as he went by, to which he says about 10 feet.

Prosecution then asks if shone any light on the driver as he went by or if the French had seen anything other than the driver's profile as he drove by, or if he had came to a full stop, emphasizing that French had coasted by, unable to get a good look.

The Officer then moves down from the stand.

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