Day One: Prosecution: "This is not Law and Order; not CSI"

Prosecution continues to make its opening remarks...

She says that after giving someone a ride home after work, Rivera drove to a residence looking for a friend named "Spider." When he couldn't find him, she says, Rivera went to buy marijuana.

This puts the time around 9 p.m., with Rivera travelling to Nielson street, she says. She says Rivera will tell the jury that he rolled through a stop sign near Eagle Street, and that is when Lindsey pulled him over by Eagle and Mortimer Streets.

She says that Lindsey's police car was directly behind Rivera's Neon around 9:16 p.m., when Lindsey walked to the Neon and asked Rivera for his license and registration. She says Rivera told him he had no license, but handed over registration and insurance. At the time, she says, Rivera gave Lindsey the name of his brother - Ishmael Rivera - who lives no where near here.

She says that he did this because Rivera says he was afraid there was a warrant out for his arrest. As Lindsey checked the name, then went back to the car, Lindsey told Rivera that Ishmael had a warrant out for him for an open container. As a result, she says, Lindsey said he would have to take Rivera back to the station to pay the $100 fine or be locked up. She says that Rivera then made several attempts to call his girlfriend who was at church, to tell her of the situation. Naomi did not have a cell phone, however. Lindsey then called Michelle Augusta, who was at the church service with Naomi.

Lindsey tells Rivera he'll "help him out," and will follow him to church where he can drop off the baby in the car to Naomi, and then come with him to the station. She says that as this conversation takes place, Rivera will say he sees Lindsey flinch, look to his right and then three shots.

She says Rivera than sees Lindsey's body fall and hit the door panel of the car. Immediately afterwards, she says, Rivera will say he saw a dark skinned male standing nearby, with a gun, pointing it at Sammy Rivera.

She says "the man pointing the gun at Rivera is THIS defendant - Wesley Molina Cirino." She says Rivera says he then put his head down and drove off, with no words spoken.

She says Rivera will say he then drove away and straight to the church where he got Naomi Diaz, so nervous that he forgot baby Luis was asleep in the car.

It was while the car was at the church that an Officer on the way to the Nielson Street scene spotted the Neon and then turned around for it, she says.

She says that when police questioned Flaco on this shooting, he was in on an outstanding warrant in Onondoga County.

She says while waiting for a resolution to his charges in Onondoga County, Flaco reached out to the D.A.'s office in that county, Flaco tried to make a deal for his charges there by saying he could offer information on Lindsey's shooting back here.

So, he then sat down with nvestigators in Onondoga and Oneida County investigators to share the information he had on the shooting, which she says were video and audio taped, which the jurors will hear.

She says there will NOT be a lot of forensic evidence. "This isn't law and order, this isnt' CSI, this is reality." She says there are no fingerprints, no DNA, and no murder weapon.

"Realistically, ladies and gentleman," she says. "criminal cases are often solved by old fashioned police work. this case is based on testimony."

She says that testimony will put Flaco 1 1/2 blocks from the shooting, as well as inmates from Onondoga Justice Center and Oneida County Jail, and things he said while there, regarding Officer Lindsey's Death.