Wednesday, March 12, 2008

Day Two: Adjourned for the day

After the testimony of Diaz, Judge barry Donalty has adjourned court until 9:20 a.m. Thursday morning.

Although it is not confirmed, word is that Sammy Rivera himself might testify Thursday morning.

I'll be back with more updates first thing in the morning!

Day Two: Diaz can't recall exact Rivera words

"Do you remember telling police that Sammy Rivera entered the church that Rivera said 'Either I or someone shot a cop in front of me,'" Defense Attorney Rebecca Wittman asks Diaz.

"The cop was confusing me that day," Diaz responded.

Upon listening to the voicemail message left on Michelle Augusta's cell phone from the call the women did not pick up while in church, Diaz went to police and told them they should listen to the message.

Diaz says that Rivera was trying to pawn off his drugs to Diaz as the police officer asked them to get to the ground, but Diaz refused.

Diaz says that she is still with Sammy Rivera.

Day Two: Diaz still without a car

On cross examination, Diaz is asked what Rivera's exact words were upon entering the church on April 12. She responds that they were: "Ma, I got stopped. Someone shot the cop in front of me."

Defense asks Diaz if Rivera had ever mentioned Flaco, or a black male being the shooter. Diaz says "no."

Diaz is then questioned by the defense about her statements given on April 21, 2007, where she told officers that both car doors were open when they were put into handcuffs at the church on John Street. Diaz is handed her statement and asked to read it over.

After reading over the two-page statement, Diaz says she DID tell police that two doors of the Neon were open. Although her statement says she was "positive both front doors were open," Diaz now says she "can't recall." Diaz says that she belives she told police at the time she "wasn't sure."

Defense asks Diaz if she remembers what Rivera was wearing at the time of the incident. Shown a picture, Diaz agrees that the photo accurately represents Sammy Rivera's hair without a hat on. Diaz describes Rivera's normal hair as "long."

The photos taken by police of Diaz, Rivera, and Rivera's friends are brought up again. Defense asks if there are any photos of Wesley Molina-Cirino at their house. Diaz says "no," and when asked, says no photos of Cirino were taken from the house.

Diaz said that she has not received her car back, and when asked if the D.A.'s officer replaced her car, Diaz responded "I'm walkin'."

When police asked her who they thought could have committed this crime, Diaz says she suggested they talk to all of Rivera's friends whose cell numbers were programmed into her phone.

When asked if Rivera ever used the term "a black guy in a white hoodie," Diaz said that Rivera had only said "guy in a white hoodie."

Day Two: Diaz and Flaco dated; stayed at her and Rivera's house

Diaz says that she met Wesley Molina-Cirino through her step-sister and that she dated him "here and there" for about a month.

She says that she also knew him by his name of "Flaco," told to her by his stepsister. Prosecution then refers to Cirino as Flaco for the next few questions. Flaco stayed with she and Rivera several times, including right before Lindsey was shot, because, Diaz says, his family would not allow him to stay with them.

Diaz says Flaco had started rumors he and Diaz were still dating, even though the relationship had been over for more than a year, and Rivera had asked him to leave.

Prosecution asks Diaz to explain what Flaco means in Spanish. It means "Skinny"

Day Two: Police wanted to know who Rivera's friends were

Diaz is shown photos of her with her children, Sammy Rivera, and some of his friends. Some of the friends she knew their full names, others only nicknames. Two photos shown to her in court were taken by police the night they went to her house.

Diaz is then shown a photo of her red Dodge Neon. Prosecution shows Diaz her insurance and registration which Diaz says is usually kept in the glove compartment of her vehicle.

Diaz says that shortly after police took the items they were interested in from her house, they released her, giving a total of three statements to police over the course of 9 days. She says that each time she went, there was a different police officer questioning her. However, Diaz says that each time she went, she was not given a reason as to WHY they were questioning her.

During questioning, Diaz was asked who Rivera's friends were, which she provided to police.

Prosecution asks if Diaz remembers what her cell phone number that she gave to Rivera was. She says she believes it to be "315-266-8150" The number is the same as the one that made a 911 call heard yesterday.

Day Two: Diaz: "police wanted photos of Sammy Rivera's friends"

Noemi Diaz said that when she left the church with Rivera, she went outside to find the Red Dodge Neon double parked. Rivera was pacing around the back of the Red Neon.

Diaz started to get into the car, yelling at Rivera "why didn't you stay at the scene?" she said. Diaz says that Rivera told her it was for the safety of he and the baby that he left the scene.

Diaz then said she saw a police officer heading past them. She says she got frightened as her baby was in the car seat and would not wake up. She was afraid he was dead.

Diaz says the police officer arrived, pulling his gun and yelled at them both to get down. She says Rivera then yelled to the officer "She had nothing to do with it! It was the guy in the white hoodie!"

Diaz says the officer then handcuffed her and Rivera and patted them down, finding drugs on Rivera. Diaz says she believes they found two bags of marijuana and possibly a bag of crack-cocaine. At that point, Diaz says, there were now several officers on the scene, with more arriving as time went on.

Diaz, Diaz' mother, and Sammy Rivera were all handcuffed, Diaz told prosecutors. Baby Luis was still in the back of the car at the time, she said, and did not see anyone take the baby out of the car.

Diaz spoke with investigators and then was placed into a police car and was told they were going to be taken "to the place where you and Sammy hit the guy in the white hoodie."

Diaz said she was taken to UPD Headquarters where she was left in an interrogation room for about 1-2 hours before being questioned. She says she and Rivera remained at the police station until about 5:30 p.m. the next day. She was released, as was her mom earlier that day, but Rivera remained with police.

While still in custody, police took her to her residence on 1676 Seymour Ave, she said, where there was a SWAT Team, and about 30-40 officers. Police showed her a search and seizure order, which she signed, giving police permission to search through her house and car. She says the police wanted photos og Sammy Rivera's friends.

Day Two: Diaz went to church, Rivera left with baby and cell phone

Jurors return after the short recess, and both sides prepare for Noemi Diaz to take the stand.

Diaz says she was living at Seymour with her children and Sammy Rivera last year. Sammy had been her boyfriend for about a year and four months as of April 12, 2007, Diaz says. She had lived on Seymour Ave for roughly 2 years, she says.

The night of April 12, she says she was home with her kids, getting ready to go to church. She says that Sammy was with her brother-in-law, trying to find someone to fix her car, the red Dodge Neon, because it had a problem with its muffler. She says that because of the problem, Rivera was the only one who could drive it, thus driving them to church.

Diaz says that around 7:15 p.m., Rivera had dropped them off at church, and was planning on taking baby Luis with her, but he had fallen asleep. So, Diaz and her daughter went to church, and the baby remained with Rivera.

Diaz says that her mother, Arcadia Rivera, was also at church when she arrived. Michelle Augusta, a friend, sat with her in church, arriving some time after them. Diaz says she goes to church several times a week. She says the church services tend to last 2-4 hours, depending on what type of service it is.

Diaz says that she left her cell phone with Rivera in case she needed to call him to pick them up, as she was sitting with other people who would have a phone she could use. While at church, the phone of Michelle Augusta went off, and according to caller ID, Diaz says, with a call from Sammy Rivera. Diaz said Augusta picked up the phone, said "we're at church," and hung up.

Rivera called again, but the women did not pick up the phone. Shortly afterwards, Rivera came into the church, pulled Diaz aside and said that he was stopped and that "a cope had been shot in front of him." She described Rivera as hysterical and crying. After that, the couple left the church.

Day Two: Naomi Diaz to take stand, short recess

Naomi Diaz, girlfriend to Sammy Rivera and owner of the red dodge neon takes the stand.

Diaz is currently in the restroom, and the court recesses for 10 minutes.

Day Two: Alfonso was a block away when he saw "person fleeing"

Defense is now cross-examining Alfonso Jefferson. She asks if he is still in school. He says, yes, that he's a senior at Proctor High.

Alfonso says that on April 12 he did not tell police the night of the incident that he saw someone running away from the scene.

When he got home from school the next day, he says, police were at his house and he gave them a statement. When he spoke with them, he said that from what he could tell, the person had dark skin, wearing a white hoodie, but when he saw the person by Eagle Street that the hoodie was down.

Defense pulls out the aerial map to ask how close to Neilson Street Alfonso and his girlfriend got before heading in another direction. He admits that the person running was about one block away from he and his girlfriend. Defense questions how well he could see the person running from a block away.

Alfonso describes the demeanor the night of April 12 upon arriving back to his house as "normal," saying that shots fired is "nothing unusual"

Day Two: Person on bike and person in hoodie seen running away

Alfonso Jefferson, brother to Milek Jefferson takes the stand. Defense asks to approach the bench. Alfonso is 19 years old, and lives at 1130 Neilson with his family. Alfonso says that he lives in the upstairs portion of 1130 Neilson.

Alfonso is shown a photo of his house, with what he points out as a car and his girlfriend's car in the driveway.

Alfonso said he went to the store that night on the corner of Elm and Eagle, which he describes as about 6 blocks from his house. He was on foot with his girlfriend, he says. As they started to walk back to 1130 Neilson, they headed to another store, but toward Neilson Street. As they got to Eagle Street, they were going to turn up West Street, he says.

It was as they walked, Alfonso says he heard three gunshots in row. Upon hearing them, Alfonso says he and his girlfriend headed toward his family's house. Using an aerial photo of the area and surrounding blocks...Alfonso says he walked toward Neilson, tracing his route on the photo for all to see.

Alfonso says that as he continued to walk in that direction, he was looking down Eagle Street - a person on a bike wearing a hat, and someone running straight up Neilson Street through the intersection where Neilson connects with Eagle. Alfonso says the person was tall, wearing a white hoodie and dark jeans, and running "very fast."

Prosecution asks Alfonso if he saw the person's skin. Alfonso says he was not able to determine what race the person running was.

The person on the bike, Alfonso says, was a black male, coming from Seymour Ave, down Eagle, and was wearing glasses, heading in the direction of Alfonso and his girlfriend.

Alfonso said that the person on the bike seemed scared and told him "there's been a shooting on Neilson Street." The man on the bike then headed away from Neilson Street, Alfonso said.

Alfonso said that while he was "not scared," his girlfriend was, and that's why they took the back way to his house. Upon arrival to his house, they saw someone on a stretcher being placed into an ambulance.

Alfonso said that when he got out of school the next day, a statement was taken by police at his house.

Day Two: Jefferson's statement to police never described suspect as "tall and skinny"

Pulling out Milek Jefferson's deposition, Defense asks Jefferson if he told police in his statement that the person he saw fleeing was "tall and skinny." Upon pulling out his statement, Jefferson could not find it.

Upon re-reading his deposition, there was no where in it that he described the indivudal he saw as "tall and skinny." Defense asks if Jefferson thinks the police forgot to put it in.

Jefferson says that when he gave the police the April 13 statement, he did not include the "tall and skinny" description. Jefferson, when asked about if the suspect was black, he says "he could've been black, he could've been black. I don't know."

When prosecution re-questions the witness, they ask "Did the police ever ask you if he was tall and skinny?" Jefferson says nothing. "He could've been Chinese for all you know," Prosecution asks.

"Did you think they were black because it was Neilson Street," Prosecution asks. "Yes," Jefferson replies.

Upon re-cross-examination...Defense asks, in regards to his assumption that the figure was black due to it being Neilson Street, if white people live on the block" Jefferson's response is "They don't come down that road."

Day Two: Jefferson gave differing descriptions of fleeing suspect

Defense is cross examining Milek Jefferson who lived on Neilson Street and saw a figure run away from the scene as a car sped away in the opposite direction.

He says at that time that all the police had gotten from him was his name, and did not ask him if he saw anything. The next day, he says, he was in school when police came and got him and, at the police station, he sat down with police officers and gave a statement of what he had seen the night before. This all happened around 10-10:30 a.m. on April 13.

He says he told officers that in his statement he called the male he saw running a "black male in his late teens or early 20s," wearing a white or tan cloth jacket with the hood up. He says he also told police it did not appear that the male running did not appear to have anything in his hand. During his statements to the Grand Jury, defense points out that Jefferson saw a black male running away. During prosecution's questions, he said he couldn't tell if the figure was black or not.

Jefferson says he told police he wasn't sure if the black male had gotten out of the car...a question asked to him by police during his original statement ob April 13.

Day Two: "Red car" sped away after shots fired, "tall, skinny" person running in opposite direction

Milek Jefferson now takes the stand. Jefferson is the 17 year old son of Sheila Zigler, who lives on 1130 Neilson Street. Jefferson says he was home the night of Aril 12 in the living room with his father, watching a movie, though he can't recall which movie.

He says he heard three gunshots in a row, got up and went to the window. He says he saw a police car and a "Red car speeding off" towards South Street and Mortimer.

In relation to the red car, Jefferson says the police car was behind it. He says as the car sped off, he saw someone else running in the opposite direction the car was headed, toward Eagle Street.

Jefferson says the person he saw fleeing was tall, skinny, with a white hoodie and jeans.

Jefferson points out on a photograph of the house across the street from his where he saw the person in the hoodie and in what direction that person ran off in. Jefferson says that other than the red car and the person in the hoodie, he saw no one else at the scene that night.

Jefferson says that when he went outside he saw "a cop laying down," and told his mom, who subsequently called 911.

Jefferson gave a statement the next day.

Day Two: Resident: "body was near front of patrol car"

Defense no cross-examines Zigler. Zigler tells her that she saw no one leaving the scene when she went outside after hearing the shots fired.

Zigler points out to the defense where she found Officer Lindsey's body. She tells the defense that the body was more toward the front of his patrol car.

Day Two: Neilson St. resident found Lindsey's body, called 911

Sheila Zigler has taken the stand...she is a resident who was living on Neilson Street at the time of the shooting.

Zigler has lived at 1130 Neilson Street for 7 years. She says she lives there with her 4 kids and her fiance'.

Zigler fell asleep in her second story bedroom watching "CSI: Miami" when she was awoken by three gunshots in a row, she said. She says she jumped up and asked if everyone in the house was all right.

She says her fiance told her that her son and her son's girlfriend were out.

She ran downstairs and looked out the window and saw a patrol car, assuming the police were already on scene. This was Officer Lindsey's car. The further she approached the scene, it became clear to her that there was a police officer laying on the ground.

Zigler says that the street lights had not gone on, and only the emergency lights of the patrol car illuminated the scene. Zigler ran into the house and called 911, gave the dispatcher her address and what had happened.

Shown a photo of her own house, she points out where in the street Lindsey's patrol vehicle (Car 57) was at the time. Zigler says that she didn't see anyone around at the scene when she was outside.

Zigler says that her fiance and one of her children were in the living room at the time of the shots being heard.

Prosecution has no more questions.

Day Two: Gun found on Oneida Street submitted with evidence from John Street Dodge Neon

Officer Facciolo is still being questioned by the defense and is now looking at the submission forms for NYS Crime Lab again.

Facciolo says that a gun not found in the Dodge Neon, but found in a residence on Oneida Street in Utica after a search warrant was submitted to the Crime Lab. Defense asks if there was a particular reason that the gun was included with the evidence found from the Neon.

Facciolo says "No."

Facciolo says that there were approximately 400 items in the case submitted to NYS Crime Lab. Facciolo says he did not submit a "tweety bird" blue sweater, or any drugs to the NYS Crime lab, and was not aware when the submission was made that any drugs were found on Rivera. The gun that was submitted to the crime lab, along with ammunition found on Oneida Street, was also not known to Facciolo.

Day Two: Surveillance videos brought up again

The surveillance videos mentioned earlier by Officer Facciolo were brought up again. On one tape, he says, recorded over a pornographic movie...showed a Cornhill Market...and was lacking a timestamp and of poor quality. He said there was about 20 or 30 minutes of the cornhill market on the recording.

Facciolo said that the camera angles make it difficult to see the roadway or car in the video, but reviewed the video to determine if an individual named Sammy Rivera had appeared in the video. In the segment he looked at, Facciolo said he did not see Rivera in the video.

Facciolo says there may be as many as 50 video tapes collected in this case, with numerous officers watching them.

Day Two: Jose M. Cirino?

DNA Collection Kit for a Jose M. Cirino is discussed. Facciolo said he did not collect this sample, but it was provided to him by someone else. Facciolo said he did not know who Jose Cirino is.

Some other items found at 910 Jay Street were submitted to the NYS Crime Lab as well for DNA testing. Facciolo said that at the execution of warrant, he was aware that 910 Jay Street was the residence of Wesley Molina-Cirino.

Day Two: "No officers were in Neon before photos taken"

Officer Facciolo says he was not at the scene and can not say how Car 57 - Lindsey's car, or the Neon was placed onto a flatbed truck for transport. He says he was told that no officer had entered the Dodge Neon prior to photographs being taken.

Taking a look at photos of the Neon's interior, the Defense is asking if the passenger's seat was more reclined than the driver's seat. Facciolo says that the passenger's seat seemed as far back as it could go.

Once the Neon was returned to the Utica Police Department, Defense asks if Rivera was placed into the vehicle to recreate what part of his body might have been visible, or if any recreation was done with someone in similar stature to Rivera. Facciolo says "not to my knowledge, no."

Day Two: Gunshot Residue not looked for in car at State crime lab

1:55 p.m. and court is back in session - exactly as Judge Donalty said it would. Office Greg Facciolo is back on the stand being cross-examined by the Defense.

Facciolo says that no powder residue was found on Rivera's hands, although HE was not the one doing the testing.

The leather jacket of Rivera's has come back up in testimony again. Facciolo says that the decision NOT to send the leather jacket of Rivera's to the NYS Crime Lab was not his decision directly, but, while he can't remember exactly may have come out of a meeting.

The meeting in Albany, with Facciolo and other investigators took place on April 30. Defense asks if Facciolo remembers speaking with Investigator Peter Galleta at State Police Lab, and while Facciolo said he's had numerous conversations with Galleta on this case, he doesn't recall the particular conversation on April 30.

Facciolo said he told State Police inspecting the car to take a look for shell casings, drugs, and if they could check for gunshot powder residue. Facciolo says that gunshot powder residue was NOT checked for at the Crime lab.

Defense asks if he had taken any photos of the Dodge Neon before it was taken away from John Street on April 12. He said, no, but that while they werent' taken by himself, photos WERE taken that night of the car on John Street. he puts the number of photos taken at "hundreds"

Day Two: Ed Myers joins the officers in court

Ed Myers, a Utica Police Officer who was shot years ago in the line of duty, has just arrived and taken a seat on the bench with other members of the UPD.

Lunch recess is still going on.

Day Two: Lunch recess

After both prosecution and defense approached the bench, Judge Donalty said that Defense Attorney Rebecca Wittman would be a while longer with Officer Facciolo, and ordered a lunch recess until 1:55 p.m.

Day Two: Gunshot residue could have been washed off Rivera; Rivera's jacket NOT sent for testing

Defense asks about the items sent to the NYS Crime Lab. Defense asks why Sammy Rivera's leather jacket was an item NOT submitted to the Crime Lab while other items were.

Officer Facciolo says he doesn't know, that it was up to the investigators.

Defense asks if Facciolo had any personal knowledge of how the Dodge Neon got from John Street to UPD HEadquarters. He says the first time he saw the car was at UPD Headquarters.

In regards to Officer Lindsey's vehicle, Facciolo says he saw Car 57 - Lindsey's Police Patrol Car - but did not see the vehicle taken away from the Neilson Street area.

At the police station, Facciolo was not present when the cars had arrived. Facciolo says only the Neon, NOT Car 57, was sent to State Crime Lab.

Facciolo says he was the one in charge of sending items to the State Crime Lab, but that due to the volume of the materials being sent, he had assistance in this case.

"A decision was made or conveyed to you not to send Sammy Rivera's jacket to the State Police lab for testing?" Defense asked.

"That is correct," Officer Facciolo said.

The Officer says that SOME items were sent for fingerprints, but NO items were sent to the state crime lab for gunshot residue. The officer says that he is not sure that Rivera did not go to the bathroom, wash his hands, etc, before the testing for gunshot residue at UPD.

The Officer says that it IS possible to wash off residue from one's hands.

Officer Facciolo takes a look at the lab submission forms he sent out. Defense points out an "Item 23" on those forms - Sammy Rivera's boxer shorts, as well as "Item 36" - Shoelaces from Rivera.

Facciolo says these items were submitted on the 13th of April, 2007.

The leather jacket is brought up again and the fact that it was NOT submitted for any testing.

Prosecution objects, and the Judge overrules.

Officer Facciolo says that he is unaware whether Rivera was wearing jacket or not the night he was arrested.

Day Two: Measuring what it take for Cirino to move from one part of Neilson to the other

A vile of Officer Lindsey's blood that had been collected at his death, a similar but different swab sample than the ones earlier, this from Luis Peretta, and one from Cirino, is brought up by prosecution and placed before Officer Facciolo.

When the Neon was stopped, Facciolo said, some processing happened, with samples of the blood and brain matter taken from the Neon at John Street.

Prosecution then asks Facciolo if at the request of the D.A. he timed and measured what it would take someone of similar stature to Cirino to walk, fast walk, and run from 1125 Neilson to 1305 Neilson Street.

Despite some technological malfunctions with the equipment, Facciolo uses the large board to point out the area discussed in this "test."

Two officers similar in stature (Keith Johnson And Ed Solmovic(sp?) were the officers Facciolo selected to perform the walk, runs, fast walks from one point to another. Facciolo followed alongside the officers in a police car, with a stopwatch.

Defense has objected on relevance. Judge has sustained it saying it's pure speculation.

Day Two: 3 out of 4 doors of Neon opened; swab taken from Molina-Cirino

Officer Facciolo says that upon inspecting the Dodge Neon, he found the dome lights did not work, and that all the doors opened from the outside, but only 3 opened from the inside. The passenger side of the car, Facciolo said, would not allow a passenger to get out, as the child's lock was engaged.

Facciolo says that at one point after meeting him, Facciolo collected a swab from Wesley Molina-Cirino.

Clothing worn by Sammy Rivera (A sneaker, and a Baltimore Orioles Jersey, a gray Winnie the Pooh sweatshirt, a baseball cap, and black leather jacket) was submitted by Facciolo, he says, to the NYS Crime Lab, and that an analysis was conducted.

Day Two: Officer Facciolo asked to take photos of Flaco's hands

Officer Facciolo says investigators looked in Car 57, kept secure from the time it was collected, looking for any handwritten notes Lindsey may have taken on the night he was killed. They searched the interior, and found a paper with notes above driver's side visor, notes in his duty bag, and some receipts.

They also found, Facciolo says, a registration and insurance card belonging to Naomi Diaz, on the dashboard of the police car.

June 7, at 10 a.m., Facciolo says he met Wesley Molina-Cirino. He says he was asked to go into the booking area and take photographs of him, especially his hands. Facciolo is aksed to describe Cirino.

Defense objects that Cirino's description is already known. Judge Donalty overrules.

Facciolo describes Cirino as having "long, bony hands," with an "afro at the time of the photo," as well as being "very tall." Facciolo is asked of what ethnicity he thinks Cirino is. Facciolo responds "hispanic."

Facciolo used a ruler to measure the length of Cirino's hands and fingers in the photos.

Day Two: DNA swabs taken of Rivera and Diaz

Officer Facciolo describes a kit police use to find powder residue after a shooting.

At headquarters, Facciolo told an officer that there was a better kit to be used. A kit had been used on Sammy Rivera earlier that evening. At Facciolo's request, the "newer, better" kit was used during a repeat test of Rivera's hands, Facciolo said.

During the course of his time at UPD that night, Facciolo collected the firearm used by Officer Lindsey. The weapon displayed earlier is pulled out and shown to Facciolo as he describes what it is.

At 2:45 a.m. on April 13, Facciolo began analyzing the Dodge Neon taken into collection by the police. Since photos were taken of the car, they are brought into play and shown on the screen. The Dodge Neon has a red tarp placed on it to protect it from the rain.

The driver side door is shown, with the blood and brain matter on it.

A close-up photo of the driver side door shows what Facciolo says is more blood and suspected brain matter streaked across it.

More photos of the car from different angles all show the same thing.

Photos of the car's interior are then shown, displaying a child's car seat in the backseat. The Officer says that it woul dbe impossible for anyone other than a baby in the car seat to be seated in the back of the car.

Facciolo says that when he met with Rivera, he took a DNA sample. A swab is taken from the inside cheek of Rivera, and it was submitted to NYS Crime Lab the following day. Facciolo was also asked to take a DNA swab and fingerprints of Naomi Diaz, who we've previosuly heard to be Rivera's girlfriend.

Day Two: Surveillance video from local markets viewed that night

Officer Greg Facciolo has taken the stand to testify. He says he has been with UPD for 7 years. He's assigned to identification unit for 3 1/2 years, he says. Questions on his background of collecting evidence is talked about by prosecution before they get to questions of the April 12 crime scene.

Facciolo said he received a call that night at home that Officer Lindsey had been shot and had to report to work immediately. Arriving at headquarters, he gathered equipment and headed to the 1100 block of Neilson Street. Upon reaching Neilson Street, the block had already been taped off.

He describes the red tarp, yellow police tape, and police cars seen in various photos throughout testimony so far in the case. It was while there that Facciolo ws notified that a vehicle in relation to the case had been stopped on John Street, he says.

Facciolo says Lindsey was not at the scene on the time he had arrived. Around midnight, Facciolo said he returned to headquarters because UPD wanted to review videotape taken at local markets that night.

Day Two: Police assumed a revolver was used

The warrant for an open container that was out for Ishmael Rivera on Officer Lindsey's computer screen is asked of Officer Nitti. On the screen it said "arrest." Nitti says this means Rivera COULD have been taken to jail because the warrant was out.

Defense asks if Nitti is familiar with the 1100 block of Neilson Street. He says he has driven down it before. Defense asks if this is "not a quiet street," and Nitti replies "correct."

The .9 mm recovered from 1121 Neilson Street, Nitti said, told him that based on trajectory, that it could have been shot from the area where Officer Lindsey was shot. Defense asks if at the time it seemed significant; Nitti said no, not at the time, it just was the correct trajectory.

Nitti says he is aware that the call was of "multiple shots fired," that night, and says that if multiple shots were fired, they would expect to find casings.

Defense asks if casings can be retrieved, Nitti says "yes," agreeing that they're not "microscopic or too hot to handle," as defense asks.

Defense asks if it's possible for the casings to be expelled into the vehicle, and not necessarily end up on the ground. Nitti says that's possible.

When asked if they found any other places where a bullet might have hit, Nitti says yes, at 1123 Neilson Street.

Defense asks if the .9 mm found in 1121 was ruled out as relevant becuase there were no casings found at the scene on Neilson Street. Nitti says "yes."

Nitti then says that there is a difference between how far a casing can travel outside a gun when fired, versus how far a shell can travel outside a gun when fired.

Nitti then repeats that they found no shell casings in the area they would expect to find, which suggested to him that the gun used was a revolver.

Day Two: Procedure followed even though involving death of an officer

UPD Officers, and family of Thomas Lindsey have all returned from recess and are filing into their seats.

Officer Nitti remains on the stand as Defense cross-examines him. Defense brings out the aerial photo of Neilson Street used earlier, and asks him to point out which houses on Neilson Street are which.

She brings up the "straight line" from the house to where Officer Lindsey's vehicle was. He points out 1120 Neilson, and the angle which looks up toward the front of where Lindsey and his vehicle were.

She asks him if was involved in the tow of the Dodge Neon from John Street to UPD. He says he was not directly involved in that, but was told about it.

Car 57, Lindsey's car, was also towed to heandquarters of UPD, Nitti said, but says he was not present for it. Nitti says that nothing different was done procedure-wise in the handling of the cars, even though the case involved the death of a police officer.

Day Two: Water search turns up no firearm

15 days of searching in bodies of water was conducted by a dive team, in the hopes of finding a handgun possibly used in the shooting.

Mohawk River, Barge Canal, and River were all areas searched, Officer Nitti tells the court.

The officer says that as a result of these searches, no firearm was found.

A discussion gets underway between proseuction and Officer Nitti on the stand about the holsters used by UPD, and training to use a handgun.

When asked about Lindsey's weapon being found in stanard condition, Nitti explains he has no knowledge of this.

A 10 minute recess is then taken.

Day Two: Search for casings on Neilson Street

Officer Nitti says their was a projectile hole in the bottom of a wall at 1120 Neilson Street found the morning after the shooting.

District Attorney Scott McNamara has just entered the courtroom.

Examining what they thought was a bullet hole at 1128 Neilson, it turned out to NOT be a bullethole, Nitti said.

Another search - made up of 25-30 officers canvassing the area of Neilson Street - found a bullet entry hole at 1121 Neilson Street. Nitti says the trajectory came near where Lindsey was, but the ammunition was a.9 mm, which ruled it out as the same being shot at Lindsey.

Searches were also performed at other streets in the area. The results of that search turned up nothing found. Nitti says that chances are 1 in 10 in finding a bullet at a scene. "Searching for something very small in a very large area," Proseuction describes it as.

Day Two: Ammunition examined

The Officer says that at the prosecutions request, he has brought a number of different firearms to show the court how those firearms look, are used, and are fired.

A .40 caliber semi-automatic pistol assigned to Officer Lindsey is pulled out and the jury is reassured it is unloaded. The Officer then explains how the gun is loaded and how one would prepare it for firing.

A magnum revolver is brought out. Once it is fired, a cylinder just rotates allowing for the next bullet to be moved into place for firing. No shell casings will be shot out unless done manually, the Officer explains.

The Officer then steps off the bench and joins the prosecution at the overhead projector. A bag of different ammunition - including some of which is live ammo - is pulled out.

The ammunition (bullets) are placed on the overheard projector and shown to the court, and it is explained that there is an amount of powder in a loaded round. All rounds are built basically the same, the Officer confirms.

The varying sizes of bullets are shown ( a .380 semi-automatic round), a (.9 mm), (a .44 caliber) (.44 magnum revolver), (.38 revolver round), (and a .22 caliber), are all shown in varying degrees and it is described what guns the various ammo could be shot out of. One particular bullet is identified as the type offficers were looking for the night Lindsey was shot.

After that Officer Nitti goes back to the stand.

The search for casings along the ground is explained as routine procedure at a shooting scene, Nitti confirms. Nitti says it IS possible to shoot a semi-autmoatic weapon and NOT dispel casings, as they sometimes might get stuck. If that happens, the gun is not capable of shooting a second time.

The Officer says it would not be possible to shoot a semi automatic pistol 3 or 4 times and NOT eject casings.

Day Two: Blood, brain matter photos shown to Officer; Lindsey's computer terminal

A close-up photo is then shown to Officer Nitti of the pool of blood and brain matter at the scene.

The medical materials left behind by the EMTs are then shown, followed by the driver's side door and interior of Officer Lindsey's vehicle. The passenger's side door, showing the computer terminal and keyboard used for entering information is highlighted ina photo by the prosecution and confirmed by Officer Nitti.

This is similar to prosecution's questions of other officers yesterday, displaying the comptuer terminal and now, again, the screen with information on it regarding the Red Dodge Neon Lindsey had pulled over with Sammy Rivera inside, and the returned hit on a warrant for Ishmael Rivera, the fake name Sammy Rivera gave Lindsey at the time he was pulled over.

Day Two: Straight line from 1130 Neilson to Lindsey's car; low lighting

Prosecution asks Officer Nitti to point our several residences on Neilson Street, and using an indicator points out a staight line from 1130 Neilson Street to where Officer Lindsey's car was parked.

Nitti then points out on a seperate photo of the crime scene where various other police cars were located upon their arrival in relation to Lindsey's car.

A photograph is then shown of 1128 Neilson Street at the crime scene, along with photos of 1130 and 1128 Neilson Street, from varying angles. Other photos, again from different angles, are shown to Officer Nitti as he confirms what they are.

One photo is shown that appears extremely dark with the exception of some small lights. Officer Nitti says this was done purposely to show the low lighting conditions of the street at that time of night.

Day Two: Officer Dominick Nitti takes stand

Prosecution has called UPD Officer Dominick Nitti to the stand. Nitti says he has been an officer for 14 years, working both in the Crime Scene Unit and as a Patrolman.

A testimony is given as to his training, background, and certification, and his expertise in firearms - he also teaches firearm training to recruits.

Prosecution establishes that Nitti was not working on April 12, 2007 when he received a call from Officer LaBella who told Nitti that Lindsey had been shot.

Nitti describes the scene when he got to the Neilson Street scene and that Officer Lindsey was not there at that time. Nitti describes the scene as taped off with police tape, blocks closed off, and the spotlight and emergency lights still turned on atop Lindsey's patrol car.

Nitti describes the night as rainy, and that he noticed the leftover medical supplies left by EMTs who already testified they had left in such a hurry that they left materials behind. Nitti also says he observed a pool of blood and brain matter.

Nitti was then called to John Street where the Red Doge Neon that Lindsey had pulled over was stopped. After securing the scene, Nitti says the car was then taken into evidence.

Nitti is then shown an aerial photo of Nielson Street and asked for the positions of Lindsey's vehicle on Neilson that night based on his observations when he arrived at the scene, along with being asked to point out Eagle and Mortimer Streets.

Day Two: Autopsy photos passed to jury

The jury is currently being passed around autopsy photos of Officer Thomas Lindsey.

Defense and prosecution have both approached the bench to talk with Judge Barry Donalty.

Day Two: Pathologist can not determine caliber of or specific weapon used

Sikirica is being cross-examined and is reminded that there are no eye-witnesses, and that he spoke to no eye-witnesses to the shooting.

He says he can't determine the caliber of bullet used, but can only determine a range based on the wounds and his experience.

Referring to the entrance wound, Defense asked if it is consistent with a projectile from a revolver. Sikirica says it COULD be, but nothing that specifically indicates it, but that it IS possible it could be a revolver.

Defense asks if it could be from a semi-automatic. Sikirica says it could be.

Defense asks if it could be from an automatic weapon. He can't say.

Defense wants to know if the wound was NOT consistent with a shotgun. He agrees. One type of firearm they could rule out, Sikirica says, is a shotgun, sawed off or otherwise.

Sikirica says he can NOT give a specific caliber or specific weapon that could have caused the injury.

Sikirica leaves the stand.

Day Two: Autopsy photos brought into play

Sikirica is shown a photo of the entrance wound on Lindsey's scalp, followed by a photo of the exit wound.

Prosecution then shows a photo of the side of the Red Dodge Neon from the driver's side, asking if Sikirica had seen the debris on the vehicle before.

Proseuction asks if this could be "blowback" which is the expulsion of tissue that occurs around an entry site. He says "no," that it is debris from the EXIT wound, material flowing outward as the projectile exited Officer Lindsey and he fell.

Day Two: "Lindsey would have dropped immediately from wound"

Sikirica says based on the wounds he saw and his experience, Lindsey most likely would have dropped immediately, his heart stopping from such a gunshot wound.

Diagrams of the brain used by Sikirica to mark damage to Lindsey's brain is now displayed to the court, with no objections from defense.

On the diagram, the court is shown by Sikirica the bullet track from one side of Lindsey's brain to the other. Sikriica says the trajectory can sometimes provide information, but unless you can find where the projectile embeedded itself, you can't determine the exact way the subject who was shot is standing, facing, etc.

A diagram of a human head is now displayed, as Sikirica displays on a screen where the entry and exits wounds on Lindsey were. Dots ont he right side of Lindsey's face, he explains are the powder tattoing, which indicates it was an "intermediate range" at which the gun was fired.

Day Two: Powder tattoing may determine how far gun was from Lindsey

Proseuction asks Sikirica if he performed the autopsy on Officer Lindsey - he answers yes, and that it was performed at St. Elizabeth Medical Center in Utica.

State Police Investigators, as well as Sikirica's own assistants were on hand when the autopsy was performed. He knew going in from officer's that this was a case of a shooting, he says.

Dr. Sikirica says that from the external examination, he found Lindsey to have been in good health at the time of his death, with an older bruise on his home from a previous injury - but appeared.

The court room has a brief interruption of someone's ringtone playing the "Law and Order" theme song, but Sikirica isn't thrown and continues.

Sikirica says Lindsey suffered a gunshot wound to right side of his scalp, and that the wound was about 1 cm by the ear canal, with a pattern of patterned tattooing dispersed along right side of his face - burned skin. Prosecution asks if this is significant.

Sikirica says it helps them determine the range and direction of the weapon.

Sikirica also says the exit section of the bullet wound was 5 cm by the center of the ear. he says they can distinguish between entry and exit wounds by the the abrasion as the bullet enters the skin being more circular, while the exit is more "torn out" as it rips through the skin.

Sikirica says they then opened the chest cavities, and found no significant findings or evidence of disease or abnormalities, once again describing Lindsey as a healthy individual.

Examining the head, they opened the cranium and were able to document the wound track through Lindsey's head.

"The projectile cause a great deal of damage to the brain as it travelled through, causing contusions and multiple hemorrhages in the brain stem," Sikirica said.

Prosecution asks if they recovered a bullet from Lindsey's head. A small lead-like core material and bullet jacket was all they could find of the bullet, Sikirica said. The metal jacket, put on bullets to produce a better extension of the projectile, but when asked about its significance, Sikirica, says he couldn't tell. He then says it was handed over to UPD.

Sikirica says X-Rays were taken, but all they found were small fragments and metallic dust. Prosecution asks cause of death.

"Severe skull fractures and brain injuries due to gunshot wound to the head," Sikirica replies.

Sikirica is asked if he knows a a lot about gunshots. He replies, "It's like a gynecologist having to know about sex," explaining that knowledge is a part of the job speciality.

Sikirica explains that the powder that comes out of a gun barrel when fired, it may cause tattoing to the skin based on the closeness of the gun to the subject being fired at.

Sikirica says he can't give an exact caliber used, but could give a range of calibers, based on his experience and the wounds he witnessed. He says based on the damage done to Lindsey's skull and brain, "it is a larger caliber projectile..not a .22...not a ..25...probably not even a .9 it would flal under the caliber of a larger weapon...a 40...45....44...something in that range," Sikirica said.

Day Two: Forensic Pathologist takes stand

Judge Barry Donalty has just apologized to the court for a 16 minute late start due to his earlier cases.

Mike Sikirica, a forensic pathologist has just gotten to the stand. He is the Rennsealer County Medical Examiner, explaining his background in medical school, as well as having finished a board credited examination, with a speciality in forensic medicine. He says he has been practicing as a forensic pathologist since the early 90s, and says he's probably testified 400-500 times in New York State and other states.

Prosecution asks how many times he's performed autopsies that resulted in a finding of death due to gunshot wound; he claims he's handled over 4,000.

Sikirica explains what an autopsy is and how its used to determine the manner of death. He says depending on the nature of the case they start with an external examination of the deceased. This is all background for Sikirica's credibility as a witness and his expertise in the field.

Day Two: Flaco enters

Flaco has just been brought to the courtroom. He has changed his shirt from the white yesterday, to a blue one today, but wears the same tie. He has taken his seat next to Defense Attorney Rebecca Wittman.

Day Two: Courtroom fills, no Flaco case yet

Defense attorney has arrived, as has the prosecution. Judge Barry Donalty is at his bench running through various non-related cases first before getting to Molina-Cirino ("Flaco") this morning.

The prosecution is talking with Lisa, Lindsey's girlfriend, and family members. There are some whispers around the courtroom that it might be about the possibility of autopsy photos being seen; telling them as a precaution of the harshness and emotional impact said photos might have.

Day Two: Officers and Family arrive...

The Lindsey Family has arrived, as has Lisa - Officer Lindsey's girlfriend at the time of his death - and have all begun taking their reserved seats in the courtroom.

Some of Officer Thomas Lindsey's fellow officers have also now begun to take their seats.

Chief Pylman remains at the back of the courtroom watching over it all.

Day Two: Begins Soon...

Day Two of the Flaco trial has yet to start, but as we get ready for the second day of evidence and testimony, Utica Police Chief C. Allen Pylman is here with several other Utica Officers, hanging to the back of the courtroom. Signs on the benches reserve seats for the Lindsey Family and the officers of the UPD.

Today, we expect to hear from Forensic Pathologist Michael Sikiricka, as well as possibly see numerous photos. Whether this is confirmed remains to be seen just yet.

Any autposy photos shown as testimony will be seen in plain sight of the entire court room.