Day One: Officer Fernalld didn't identify Rivera

The defense now cross examines Officer Fernalld, pulling out some of the same evidence used by the D.A. that Fernalld identified, including the box of now empty Newport Lites. Defense asks if the Newport Lites were empty when he found the box in his patrol car.

Defense also pulls out the baseball cap said to be worn by Sammy Rivera. Officer Fernalld tells the defense he has no doubt that Rivera was wearing that hat when he shouted "I Didn't do it!" to the officer on John Street.

Defense also pulls out the jacket which the prosecution brought into play said to be worn by Rivera and asks the officer if it is exactly the same or if there seem to be any changes, buttons missing, etc. Defense attorney Rebecca Wittman has some trouble getting the jacket back into the evidence bag, but receives assistance from the proseuction.

Defense asks if while at John Street if Officer Fernalld realized he was dealing with someone he had dealt with a month prior at an accident scene.

Defense asks what other observations the officer made about the individual coming toward him outside the church that night on James Street. He describes him as 5'9", not heavy-set, with curly hair. This differs from earlier officer testimonies of Rivera being "chubby." Officer Fernalld says he can not recall whether Rivera was clean shaven or not.

Defense can't remember if Officer Rizanovic, who earlier testified, or any other officer had told him that Rivera was the driver of the vehicle.

Two bags of marijuana and the bag of crack is brought up by the defense, along with the bag of empty bags found on Rivera's person. Defense asks the officer if the materials found are often associated with the selling or dealing of drugs, which he agrees to.

Officer Fernalld says that it was several hours later that he saw Rivera at the police station, where Rivera was using the bathroom. He says that at that time no one asked him to identify Rivera.