Court has been adjourned for the day and will resume Friday at 9:20 a.m.
I'll be back with more updates as they develop throughout the day tomorrow.
Thursday, March 13, 2008
Day Three: Items in Rivera's car, Orioles jersey, and Winnie the Pooh sweatshirt analyzed for blood
Swabs of Rivera were positive for blood, Rack said.
She said the swabs were taken from ttwo Red Bull cans and one item of Red Bull Liquor, Rack said, which were all found in the Neon secured at her facility.
The Orioles jersey that Sammy Rivera was wearing on April 21 was analyzed by Rack, and she said she found a small brown stain that she analyzed. The gray "Winnie-the-Pooh" sweatshirt, also had stains on it which were analyzed, Rack said.
Rivera's sneakers were also tested, and tested positive for blood.
Rack then identifies a cutting from the jersey, as well as cuttings from the Winnie the Pooh sweatshirt, and the sneaker. After securing these samples, Rack says she put them in a bio-bag, sealed it, dated it, and placed it, sealed, in a vault for analysis. Rack says these items remain sealed to this day.
Rack is excused
She said the swabs were taken from ttwo Red Bull cans and one item of Red Bull Liquor, Rack said, which were all found in the Neon secured at her facility.
The Orioles jersey that Sammy Rivera was wearing on April 21 was analyzed by Rack, and she said she found a small brown stain that she analyzed. The gray "Winnie-the-Pooh" sweatshirt, also had stains on it which were analyzed, Rack said.
Rivera's sneakers were also tested, and tested positive for blood.
Rack then identifies a cutting from the jersey, as well as cuttings from the Winnie the Pooh sweatshirt, and the sneaker. After securing these samples, Rack says she put them in a bio-bag, sealed it, dated it, and placed it, sealed, in a vault for analysis. Rack says these items remain sealed to this day.
Rack is excused
Day Three: Stacy Rack called to stand
Defense and prosecution have both been called to the bench by the Judge and are speaking to him. After that, Stacy Rack is called to the stand. She is employed by the NYS Forensic Investigation Center.
Her training and experience is discussed by the prosecution. She has testified in trials in the past.
She became involved in the testing of evidence in this case on April 19, 2007. She identifies her report prepared for the testing of various items related to the shooting case.
She received the materials she was testing from their evidence receiving department, and was to test them for DNA Analysis. She is then shown swabs submitted by the UPD. She performed analysis of the swabs for blood. The purpose of the test is to determine if the stain they are examining is potential blood.
Rack asks what the second half of the question is....Prosecution says they can't remember themselves.
After remembering what was asked, both prosecution and the witness continue, telling the court about the process of testing the swabs for positive identification of blood.
Her training and experience is discussed by the prosecution. She has testified in trials in the past.
She became involved in the testing of evidence in this case on April 19, 2007. She identifies her report prepared for the testing of various items related to the shooting case.
She received the materials she was testing from their evidence receiving department, and was to test them for DNA Analysis. She is then shown swabs submitted by the UPD. She performed analysis of the swabs for blood. The purpose of the test is to determine if the stain they are examining is potential blood.
Rack asks what the second half of the question is....Prosecution says they can't remember themselves.
After remembering what was asked, both prosecution and the witness continue, telling the court about the process of testing the swabs for positive identification of blood.
Day Three: Tanika Warden cross-examined
Tanika Warden is being cross-examined by the defense.
Defense asks if any of the blood on the inside of the door was visible to Warden when the door was shot.
Warden is asked if it was the only place on the interior that they found blood. She says "yes." Another area of the car's interior was tested, but she says it was not conclusive that the other spot found was also blood.
Defense has nothing further
Defense asks if any of the blood on the inside of the door was visible to Warden when the door was shot.
Warden is asked if it was the only place on the interior that they found blood. She says "yes." Another area of the car's interior was tested, but she says it was not conclusive that the other spot found was also blood.
Defense has nothing further
Day Three: Warden examined blood streaks on the Neon
Tanika Warden is shown a list of all the items her lab received as evidence in this case. Warden says she was assigned the case by her supervisor, and she was assigned the red Dodge Neon.
After receiving a key to a secure bay where she says the Neon was kept, she then processed the vehicle on April 13, 2007. At the time the vehicle was at the state crime lab, she was asked to look for blood.
Upon encountering the vehicle, there was "apparent blood" on the driver's side door, she said.
Warden is then shown photos of the red Dodge Neon. The court can see all these photos as well on a large screen. She points out blood, bone, and tissue matter that she says were found in between the car door, from the driver's side door extending to the rear door and back of the car, she said.
Warden says she swabbed the stains and tested them to make sure that it was blood. She says that it was a standard test to determine if the blood was human or not.
The blood swabs she collected are then brought into evidence by the prosecution. Prosecution also asks her to look at a tissue and/or bone analysis from the door as well.
Prosecution then shows Warden a photograph of the interior of the driver's side door. She says she collected two swabs from that area. Using the touch screen, she marks the areas where she swabbed for blood. She indicates an area just inside of the door jam.
Prosecution has no more questions.
After receiving a key to a secure bay where she says the Neon was kept, she then processed the vehicle on April 13, 2007. At the time the vehicle was at the state crime lab, she was asked to look for blood.
Upon encountering the vehicle, there was "apparent blood" on the driver's side door, she said.
Warden is then shown photos of the red Dodge Neon. The court can see all these photos as well on a large screen. She points out blood, bone, and tissue matter that she says were found in between the car door, from the driver's side door extending to the rear door and back of the car, she said.
Warden says she swabbed the stains and tested them to make sure that it was blood. She says that it was a standard test to determine if the blood was human or not.
The blood swabs she collected are then brought into evidence by the prosecution. Prosecution also asks her to look at a tissue and/or bone analysis from the door as well.
Prosecution then shows Warden a photograph of the interior of the driver's side door. She says she collected two swabs from that area. Using the touch screen, she marks the areas where she swabbed for blood. She indicates an area just inside of the door jam.
Prosecution has no more questions.
Day Three: Tanika Warden takes the stand
DNA Specialist Tanika Warden has taken the stand. She is employed by NYS Forensics Identification Investigation Center in Albany, New York.
Her background and certification foundation in DNA profiling and analyzing is laid out by the prosecution. She says she has performed hundreds of DNA profiles and has testified in court for other cases before.
Flaco's translator has asked her to slow down due to the large amount of technical terms. She says that evidence can be submitted a number of ways, including Fed Ex, USPS, or directly by a police officer. If a piece of evidence is unsealed, she says it won't be accepted.
The evidence is stored in a temperature controlled vault, that only the evidence control clerks would have access to.
Her background and certification foundation in DNA profiling and analyzing is laid out by the prosecution. She says she has performed hundreds of DNA profiles and has testified in court for other cases before.
Flaco's translator has asked her to slow down due to the large amount of technical terms. She says that evidence can be submitted a number of ways, including Fed Ex, USPS, or directly by a police officer. If a piece of evidence is unsealed, she says it won't be accepted.
The evidence is stored in a temperature controlled vault, that only the evidence control clerks would have access to.
Day Three: Chubby Muhammad cross-examined and excused
Defense asks if Rivera came into the store when he picked him up. Chubby Muhammad says that Rivera brought the baby in and just asked if Chubby was ready to go.
Chubby says that when Rivera dropped him off and came inside, Rivera took the baby with him as well.
Chubby Muhammad is excused.
Chubby says that when Rivera dropped him off and came inside, Rivera took the baby with him as well.
Chubby Muhammad is excused.
Day Three: "Chubby" takes the stand
The man known as "Chubby Muhammad" called to the stand. Chubby requires a translator to translate from Arabic to English. He says he lives at Whitesboro Street in Utica, and knows Sammy Rivera. In April of 2007, Chubby helped out at the Cornhill Market.
He says that Rivera picked him up at the market around 8:30 p.m., and dropped him off at his house, which he can't recall the address of. Chubby says that when Rivera came into the Cornhill Market at 7:45 p.m., he was with the baby. When Rivera returned to pick Chubby up, Chubby says Rivera was still just with the baby.
Chubby confirms that Rivera was in a red car
He says that Rivera picked him up at the market around 8:30 p.m., and dropped him off at his house, which he can't recall the address of. Chubby says that when Rivera came into the Cornhill Market at 7:45 p.m., he was with the baby. When Rivera returned to pick Chubby up, Chubby says Rivera was still just with the baby.
Chubby confirms that Rivera was in a red car
Day Three: Translation leads to frustration
Agosto says on cross-examination that Sammy Rivera left the church, with Diaz soon following, and Agosto then went outside shortly after Diaz. Agosto reiterates that when she got outside, police were already there, with a gun pointed at Rivera.
Agosto says Diaz was shouting "what was going on?" to Rivera as police began to move in on them.
Defense asks if Agosto heard Rivera say anything. Agosto says she was a ways back by the church's entrance, and could not hear anything else being said by Rivera.
Defense Attorney Rebecca Wittman questions the statement made by Agosto's interpreter )different from Flaco's interpreter) said previously of Rivera saying "we hurt someone."
Agosto repeats it, and the her interpreter says "We hurt someone....someone was hurt." The translation seems to cause confusion.
Defense, frustrated, excuses Agosto.
Agosto says Diaz was shouting "what was going on?" to Rivera as police began to move in on them.
Defense asks if Agosto heard Rivera say anything. Agosto says she was a ways back by the church's entrance, and could not hear anything else being said by Rivera.
Defense Attorney Rebecca Wittman questions the statement made by Agosto's interpreter )different from Flaco's interpreter) said previously of Rivera saying "we hurt someone."
Agosto repeats it, and the her interpreter says "We hurt someone....someone was hurt." The translation seems to cause confusion.
Defense, frustrated, excuses Agosto.
Day Three: Agosto's husband cut Lindsey's hair at Barber Shop
The following Saturday, Agosto checked her cell phone voicemail, where she found a conversation. One of the voices in the voicemail she recognized as the voice of Sammy Rivera. Agosto says that she could hear Rivera telling someone that he was calling someone at the church. She played the message again, and had her husband also listen to the conversation.
When they listened to the message again, they then called Diaz, and told her. About an hour and a half later, police arrived at her house and, after police listened to the message - the one played earlier for the court - Agosto handed her phone over to police.
Agosto said she knew Officer Lindsey would go to the barber shop where her husband worked cutting hair, and that her husband had, at times, cut Officer Lindsey's hair.
When they listened to the message again, they then called Diaz, and told her. About an hour and a half later, police arrived at her house and, after police listened to the message - the one played earlier for the court - Agosto handed her phone over to police.
Agosto said she knew Officer Lindsey would go to the barber shop where her husband worked cutting hair, and that her husband had, at times, cut Officer Lindsey's hair.
Day Three: Agosto also taken with Diaz and Rivera at church; Baby Luis left with pastor's wife
About 20 minutes after receiving the phone calls on her cell phone, Agosto said a crying Sammy Rivera arrived at the church. Agosto said she asked Rivera if he was okay and he told her "yes." Rivera then proceeded to talk to Diaz.
Agosto says Diaz at one point shouted "What?!" in Rivera's face and they started to exit the church. Diaz told her mother that someone had been hurt. Agosto told Diaz NOT to go outside, but Diaz kept shouting "My child, my child," as she made her way to the car that contained her baby son, Luis.
Agosto went outside and saw a policeman pointing his pistol at Diaz and Rivera, telling them to get on the ground. Agosto says Rivera was getting onto the ground and Diaz was asking "what was going on?"
Agosto then went into the church to tell Diaz' mother what was going on. Diaz' mother then came outside, Agosto said, and was looking at the baby. Diaz' mother tried to open the door by the baby's car seat, but could not. At that moment, Agosto said, the police arrived.
Diaz told police to give Luis to Agosto. Police asked Agosto if she was in the church and that she would also have to go with them. So, Agosto gave Luis to the pastor's wife.
After giving her statement to the police, Agosto went home.
Agosto says Diaz at one point shouted "What?!" in Rivera's face and they started to exit the church. Diaz told her mother that someone had been hurt. Agosto told Diaz NOT to go outside, but Diaz kept shouting "My child, my child," as she made her way to the car that contained her baby son, Luis.
Agosto went outside and saw a policeman pointing his pistol at Diaz and Rivera, telling them to get on the ground. Agosto says Rivera was getting onto the ground and Diaz was asking "what was going on?"
Agosto then went into the church to tell Diaz' mother what was going on. Diaz' mother then came outside, Agosto said, and was looking at the baby. Diaz' mother tried to open the door by the baby's car seat, but could not. At that moment, Agosto said, the police arrived.
Diaz told police to give Luis to Agosto. Police asked Agosto if she was in the church and that she would also have to go with them. So, Agosto gave Luis to the pastor's wife.
After giving her statement to the police, Agosto went home.
Day Three: Agosto recieved calls from Rivera during church
Noami Diaz' friend, Michelle Agosto has been called to the stand. In previous testimony we have heard that she was at the church with Diaz on April 12. She requires an interpreter for her testimony.
Through the translator, we hear that she is 28 years old, and lives at 28 Noyes Street in Utica. Agosto works at St.Luke's Hospital. Agosto says she's known Sammy Rivera for 2 years, and has known Diaz for 2 years as well.
Agosto is asked where she was on April 12 in the evening. She responds, via translator that she was church on John Street. She says she no longer goes to the church, but went there on a regular basis, along with Diaz in 2007.
On April 12, Diaz was already at church when Agosto arrived. Agosto says Diaz, Diaz' mother, Diaz' daughter, and herself were at church together that night, and that Agosto had her cell phone with her. When displayed, Agosto recognizes it as her phone, saying it in English, at first, but is told to stick to the Spanish and allow the translation.
Agosto says that church usually lasts around 3 - 3 1/2 hours. She tells prosecution that her cell phone rang numerous times, with Sammy Rivera's number showing up on the caller ID.
Agosto tells the prosecution that she told Diaz that Rivera was calling, and on the third time, she opened her phone, and saw the pastor looking at her, reminding her she was in church, and she said "I'm in church" into the phone, and closed the phone.
Through the translator, we hear that she is 28 years old, and lives at 28 Noyes Street in Utica. Agosto works at St.Luke's Hospital. Agosto says she's known Sammy Rivera for 2 years, and has known Diaz for 2 years as well.
Agosto is asked where she was on April 12 in the evening. She responds, via translator that she was church on John Street. She says she no longer goes to the church, but went there on a regular basis, along with Diaz in 2007.
On April 12, Diaz was already at church when Agosto arrived. Agosto says Diaz, Diaz' mother, Diaz' daughter, and herself were at church together that night, and that Agosto had her cell phone with her. When displayed, Agosto recognizes it as her phone, saying it in English, at first, but is told to stick to the Spanish and allow the translation.
Agosto says that church usually lasts around 3 - 3 1/2 hours. She tells prosecution that her cell phone rang numerous times, with Sammy Rivera's number showing up on the caller ID.
Agosto tells the prosecution that she told Diaz that Rivera was calling, and on the third time, she opened her phone, and saw the pastor looking at her, reminding her she was in church, and she said "I'm in church" into the phone, and closed the phone.
Day Three: "I can't recall every single thing"
Photos are shown to Rivera and asked if the signs he's making in them are "gang signs." Rivera says no, that they are "peace out" signs.
Defense asks if Rivera once told a State trooper during an interview after the shooting: "I wish I hadn't seen the person, then I wouldn't have to go through with this tonight." Rivera says yes and then says "I lied. I'm sorry. Didn't meant to put people through that, but my family comes first."
Rivera is asked if at any time when questioned by State Troopers if he told them about Flaco and the black Monte Carlo. Rivera says he told Officer Kopek, as well as his attorney, who he was told then told District Attorney Scott McNamara.
Rivera can't recall if McNamara asked him about the Monte Carlo during grand jury. Rivera then says he DID tell McNamara about seeing Wesley Molina-Cirino at the scene in the black Monte Carlo. Rivera says there is "too much in his head" to recall of McNamara took it down.
"I can't recall every single thing, ma'am," Rivera says.
Rivera is then excused.
Defense asks if Rivera once told a State trooper during an interview after the shooting: "I wish I hadn't seen the person, then I wouldn't have to go through with this tonight." Rivera says yes and then says "I lied. I'm sorry. Didn't meant to put people through that, but my family comes first."
Rivera is asked if at any time when questioned by State Troopers if he told them about Flaco and the black Monte Carlo. Rivera says he told Officer Kopek, as well as his attorney, who he was told then told District Attorney Scott McNamara.
Rivera can't recall if McNamara asked him about the Monte Carlo during grand jury. Rivera then says he DID tell McNamara about seeing Wesley Molina-Cirino at the scene in the black Monte Carlo. Rivera says there is "too much in his head" to recall of McNamara took it down.
"I can't recall every single thing, ma'am," Rivera says.
Rivera is then excused.
Day Three: Rivera asked Flaco to leave house shortly before Valentine's Day 2007
Defense brings up the conversations Rivera had with Flaco about Officer Lindsey hassling him.
Defense asks if Rivera is familiar with a Mario Sierra. Rivera says he knows someone named Mario, but isn't sure. Defense says Sierra was arrested for a drug case by Officer Lindsey.
It was shortly before Valentine's Day 2007, Rivera says, when he asked Flaco to leave the house Rivera shared with Diaz. Rivera says he found out after his falling out with Flaco, he found out there was a warrant out of Syracuse for Flaco's arrest. Rivera says he found this out from someone else, not from Flaco.
Rivera says he was never present when Flaco and Officer Lindsey were together in the same vicinity before that night, and can not say for sure whether Officer Lindsey was, in fact, hassling Flaco as he claimed.
Defense asks if Rivera is familiar with a Mario Sierra. Rivera says he knows someone named Mario, but isn't sure. Defense says Sierra was arrested for a drug case by Officer Lindsey.
It was shortly before Valentine's Day 2007, Rivera says, when he asked Flaco to leave the house Rivera shared with Diaz. Rivera says he found out after his falling out with Flaco, he found out there was a warrant out of Syracuse for Flaco's arrest. Rivera says he found this out from someone else, not from Flaco.
Rivera says he was never present when Flaco and Officer Lindsey were together in the same vicinity before that night, and can not say for sure whether Officer Lindsey was, in fact, hassling Flaco as he claimed.
Day Three: Rivera never previously testified about seeing Flaco April 12 before the shooting
Rivera says that at his felony hearing and at his grand jury testimony, that he did NOT mention seeing Flaco at the Cornhill Market and the black Monte Carlo.
Defense says it was Rivera's testimony that he got a very close look of the gun. Rivera says he does not know what kind of gun it was, that he doesn't like guns. Defense asks if Rivera recalls telling McNamara about the gun in front of a grand jury.
"It's a clip gun, not a revolver," Rivera said then.
"Are you sure," McNamara asked.
"Yes," Rivera said in grand jury.
Defense asks if Rivera received any kind of replacement car. Rivera says no. Defense asks if he asked for anything in exchange for testimony in this case. Rivera says no. Defense says Rivera's drug charges were dismissed. Defense asks if Rivera mentioned anything about his license while talking with the prosecution. Rivera said getting a license, a car, and a job would help him get his life straightened out. Rivera then says that hasn't happened yet.
Defense says it was Rivera's testimony that he got a very close look of the gun. Rivera says he does not know what kind of gun it was, that he doesn't like guns. Defense asks if Rivera recalls telling McNamara about the gun in front of a grand jury.
"It's a clip gun, not a revolver," Rivera said then.
"Are you sure," McNamara asked.
"Yes," Rivera said in grand jury.
Defense asks if Rivera received any kind of replacement car. Rivera says no. Defense asks if he asked for anything in exchange for testimony in this case. Rivera says no. Defense says Rivera's drug charges were dismissed. Defense asks if Rivera mentioned anything about his license while talking with the prosecution. Rivera said getting a license, a car, and a job would help him get his life straightened out. Rivera then says that hasn't happened yet.
Day Three: Rivera reviews his statement
Defense asks if Rivera remembers his statement to police. He tells defense that his first statement "was wrong."
Defense asks if Rivera wants to take a look at his statement, and Rivera says yes.
Rivera is asked if the description of the shooter was given to officers in this statement. Rivera, reading it over, says no. When asked why, when asked repeatedly by officers who did the shooting, that Rivera said he didn't know, Rivera again says out of fear for his family.
Defense asks how many times he told one officer who questioned him that he didn't know who the shooter was. Rivera says "numerous times."
On April 21, Rivera says he sat down with an Officer Franco, and giving a statement, and is asked by defense if he told Officer Franco that the shooter was Wesley Molina-Cirino and that Rivera knew him as Flaco. Rivera says yes. When asked if he had given a description of what he saw at the car, Rivera says he was still "breakdown nervous," and had to be "alone for quite a while" before he could start remembering the "things around him."
Defense asks if it's true Rivera told police he saw the shooter from the upper lip down on April 21. Rivera says yes, because he didn't want to tell the whole truth and put his family in danger.
Defense asks if at a felony hearing in Utica City Court on June 12, D.A. McNamara asked Rivera if he had told the police everything he knew, Rivera said yes. Defense asks if aside from the identity of the shooter, if Rivera told police everything else that happened on that night.
Defense asks if Rivera wants to take a look at his statement, and Rivera says yes.
Rivera is asked if the description of the shooter was given to officers in this statement. Rivera, reading it over, says no. When asked why, when asked repeatedly by officers who did the shooting, that Rivera said he didn't know, Rivera again says out of fear for his family.
Defense asks how many times he told one officer who questioned him that he didn't know who the shooter was. Rivera says "numerous times."
On April 21, Rivera says he sat down with an Officer Franco, and giving a statement, and is asked by defense if he told Officer Franco that the shooter was Wesley Molina-Cirino and that Rivera knew him as Flaco. Rivera says yes. When asked if he had given a description of what he saw at the car, Rivera says he was still "breakdown nervous," and had to be "alone for quite a while" before he could start remembering the "things around him."
Defense asks if it's true Rivera told police he saw the shooter from the upper lip down on April 21. Rivera says yes, because he didn't want to tell the whole truth and put his family in danger.
Defense asks if at a felony hearing in Utica City Court on June 12, D.A. McNamara asked Rivera if he had told the police everything he knew, Rivera said yes. Defense asks if aside from the identity of the shooter, if Rivera told police everything else that happened on that night.
Day Three: Defense asks why Rivera tried to give drugs to Diaz if he wasn't afraid of being charged for them
Defense asks why Rivera didn't tell Diaz that Flaco was the one he saw shoot Officer Lindsey, and kept his description limited to "a dark guy in a white hoodie and jeans."
Rivera says he did this deliberately, that he didn't want to bring her into it. Rivera says all Diaz cares about is her family, describing her as "a very strong woman." Defense asks if both front doors of the car were open. Rivera says one of the officers opened the passenger's side of the car.
Defense asks if Rivera knows which officer opened it. "No, ma'am," River said. "I was on the ground with a gun to my head."
Rivera says Diaz' mother, Arcadia Rivera - no relation to him, came out of the church and opens one of the passenger's side doors of the Neon before the police officers arrived on the scene. Defense asks if Rivera saw Arcadia come out of the church with Michelle Agosto. Rivera says he wasn't paying attention and doesn't know.
Defense asks why he tried to give the drugs away to Diaz at the church if he wasn't afraid of them earlier.
Rivera says he did this deliberately, that he didn't want to bring her into it. Rivera says all Diaz cares about is her family, describing her as "a very strong woman." Defense asks if both front doors of the car were open. Rivera says one of the officers opened the passenger's side of the car.
Defense asks if Rivera knows which officer opened it. "No, ma'am," River said. "I was on the ground with a gun to my head."
Rivera says Diaz' mother, Arcadia Rivera - no relation to him, came out of the church and opens one of the passenger's side doors of the Neon before the police officers arrived on the scene. Defense asks if Rivera saw Arcadia come out of the church with Michelle Agosto. Rivera says he wasn't paying attention and doesn't know.
Defense asks why he tried to give the drugs away to Diaz at the church if he wasn't afraid of them earlier.
Day Three: Rivera still nervous
When the police officers showed up on John Street, Rivera says he told officers it was "a black guy in dark pants and a white hoodie." Rivera says it took little time to get from Neilson Street to the church on John Street, that in the condition he was in, he was moving extremely quickly.
Rivera says he sees officers in the courtroom that even today make him nervous.
Rivera says he sees officers in the courtroom that even today make him nervous.
Day Three: 1309 Neilson Street
Rivera says a Jose Cirino lives at 1309 Neilson Street. A number of other names, including someone named "Nene" or "NayNay" are asked to Rivera. Many of the names asked Rivera says were at the house at 1309 Neilson when he dropped Flaco off two days before April 12.
Defense asks if Rivera has any recollection of seeing anyone from the residence or being at the residence of 1309 Neilson the day of April 12. Rivera says no, but says he was there two days prior. Rivera is asked if he knows a Luis Smatos. Rivera says no.
Rivera is shown a series of pictures and asked if he recognized the people in it and if he recalled seeing a particular person on the night of April 12. The person the defense is pointing to in the picture, Rivera says, was not in town, and was living in Puerto Rico at the time.
Another picture is pulled out and shown to Rivera. Rivera does not recognize the person in it.
Another photo is shown that Rivera says "kind of looks like Spider."
Defense asks if Rivera has any recollection of seeing anyone from the residence or being at the residence of 1309 Neilson the day of April 12. Rivera says no, but says he was there two days prior. Rivera is asked if he knows a Luis Smatos. Rivera says no.
Rivera is shown a series of pictures and asked if he recognized the people in it and if he recalled seeing a particular person on the night of April 12. The person the defense is pointing to in the picture, Rivera says, was not in town, and was living in Puerto Rico at the time.
Another picture is pulled out and shown to Rivera. Rivera does not recognize the person in it.
Another photo is shown that Rivera says "kind of looks like Spider."
Day Three: Rivera dropped Flaco off at 1309 Neilson two days before April 12
Rivera says he did not see which way Lindsey was facing, but just saw him flinch and fall.
Defense asks to back up a little. Officer Lindsey at window. Rivera hears a bang, Lindsey falls, then Rivera doesn't see Lindsey. Rivera then sees a gun.
Defense asks about the hand holding the gun. Rivera says "Long, bony fingers." Rivera says he told police that. Defense asks if he looked at the shooter.
Rivera reiterates that he looked the shooter eye to eye, says he realized it was Flaco, who flinched, looking in the backseat of the car, and in that moment, Rivera took off in the car.
Defense asks "You didn't get shot?"
"I'm standing here, I don't think I got shot," Rivera says.
Rivera says he heard two to three shots and then Officer Lindsey fell to the ground.
Defense asks Rivera if he was at 1309 Neilson Street on April 12. Rivera says no, but that he was at that residence a few days before when he gave Flaco a ride and dropped him off at 1309, where numerous people were waiting, including a man with braids who Rivera later says he saw in the black Monte Carlo.
Defense asks to back up a little. Officer Lindsey at window. Rivera hears a bang, Lindsey falls, then Rivera doesn't see Lindsey. Rivera then sees a gun.
Defense asks about the hand holding the gun. Rivera says "Long, bony fingers." Rivera says he told police that. Defense asks if he looked at the shooter.
Rivera reiterates that he looked the shooter eye to eye, says he realized it was Flaco, who flinched, looking in the backseat of the car, and in that moment, Rivera took off in the car.
Defense asks "You didn't get shot?"
"I'm standing here, I don't think I got shot," Rivera says.
Rivera says he heard two to three shots and then Officer Lindsey fell to the ground.
Defense asks Rivera if he was at 1309 Neilson Street on April 12. Rivera says no, but that he was at that residence a few days before when he gave Flaco a ride and dropped him off at 1309, where numerous people were waiting, including a man with braids who Rivera later says he saw in the black Monte Carlo.
Day Three: Rivera gets offer from Lindsey
Defense asks if Rivera's "being afraid for his family," was fear of the police. Rivera just says that he was afraid of what might happen to his family.
The discussion then returns to the minutes of the traffic stop. Rivera recalls Lindsey telling him of the problem with an "open container" unit. Rivera, when asked, says again that he was not afraid of the drugs.
Defense asks if when he was arrested if he was scared of being charged with killing a police officer. Rivera says yes.
Rivera says he thought Lindsey was trying to help him out by offering to follow Rivera back to John Street.
Defense asks if it's true that the officer, despite the open warrant container, was going to allow Rivera to drive without a license to John Street, where Rivera could have left the car with Diaz and follow Lindsey to take care of the warrant fine. This offer from Lindsey came when Rivera couldn't get through to Diaz, Rivera said.
The discussion then returns to the minutes of the traffic stop. Rivera recalls Lindsey telling him of the problem with an "open container" unit. Rivera, when asked, says again that he was not afraid of the drugs.
Defense asks if when he was arrested if he was scared of being charged with killing a police officer. Rivera says yes.
Rivera says he thought Lindsey was trying to help him out by offering to follow Rivera back to John Street.
Defense asks if it's true that the officer, despite the open warrant container, was going to allow Rivera to drive without a license to John Street, where Rivera could have left the car with Diaz and follow Lindsey to take care of the warrant fine. This offer from Lindsey came when Rivera couldn't get through to Diaz, Rivera said.
Day Three: Rivera interviewed by police for 4 days
Defense asks if Rivera remembers if the dome light of the Neon was working when he was stopped. Rivera says he can't remember.
Rivera says that the police cars drove by before he had gotten out and adjusted the car seat. At police headquarters, Rivera says police told him they saw him getting out of the car, which he says he then told them about adjusting Luis in the car seat.
Rivera says he remembers Officer Kopek and Longo hitting him at police headquarters. Longo is the one who took the first statement from Rivera on April 13.
Rivera says he was interviewed for four days in a row by police.
Rivera says that the police cars drove by before he had gotten out and adjusted the car seat. At police headquarters, Rivera says police told him they saw him getting out of the car, which he says he then told them about adjusting Luis in the car seat.
Rivera says he remembers Officer Kopek and Longo hitting him at police headquarters. Longo is the one who took the first statement from Rivera on April 13.
Rivera says he was interviewed for four days in a row by police.
Day Three: Car door and fender
Defense asks Rivera if he's a car guy, that he knows his way around a car.
Defense asks if he knows the difference between a driver's car and a fender. On direct-examination, Rivera said when Lindsey hit the car, it was "the fender."
Rivera is asked why he would call the door "the fender." Rivera says Lindsey fell "between the door and the fender."
Defense asks if he knows the difference between a driver's car and a fender. On direct-examination, Rivera said when Lindsey hit the car, it was "the fender."
Rivera is asked why he would call the door "the fender." Rivera says Lindsey fell "between the door and the fender."
Day Three: Rivera wasn't worried about drugs, lack of license
Rivera tells Defense that he offered Lindsey the information that he did not have a license when pulled over. Rivera said he wasn't worried, despite the drugs.
"What could they do, ma'am? Give me a misdemeanor? Make me go through a drug program?" Rivera says, and confirms he wasn't worried about the drugs or not having a license.
Defense asks about him not being afraid of this, but being so afraid of the seat belt ticket he had gotten two or three weeks prior, that he gave the false name of Ishmael Rivera. Rivera said he feared a warrant would be put out if he didn't pay the seat belt ticket.
Rivera says he handed Lindsey the insurance and registration, and then Lindsey proceeded back to the patrol car. Rivera is asked what he saw Lindsey doing when Rivera got out of the car to adjust the car seat that Baby Luis was in.
"What could they do, ma'am? Give me a misdemeanor? Make me go through a drug program?" Rivera says, and confirms he wasn't worried about the drugs or not having a license.
Defense asks about him not being afraid of this, but being so afraid of the seat belt ticket he had gotten two or three weeks prior, that he gave the false name of Ishmael Rivera. Rivera said he feared a warrant would be put out if he didn't pay the seat belt ticket.
Rivera says he handed Lindsey the insurance and registration, and then Lindsey proceeded back to the patrol car. Rivera is asked what he saw Lindsey doing when Rivera got out of the car to adjust the car seat that Baby Luis was in.
Day Three: Baby Luis
Defense asks Rivera how Baby Luis fell asleep so quickly between Spider's House on James Street and the traffic stop on Neilson Street.
Rivera says Baby Luis was playing at Spider's and before that had blue-raspberry juice, and the combination put him to sleep.
Defense questions how Baby Luis could have gotten so crooked in the car seat over six blocks that Rivera would have to get out of the car to adjust Luis in the car seat when stopped by Officer Lindsey.
Rivera says Baby Luis was playing at Spider's and before that had blue-raspberry juice, and the combination put him to sleep.
Defense questions how Baby Luis could have gotten so crooked in the car seat over six blocks that Rivera would have to get out of the car to adjust Luis in the car seat when stopped by Officer Lindsey.
Day Three: "It ain't no super car"
Defense asks Rivera to estimate times it would take to get from Spider's on James Street to the Neilson Street. Defense asks "A Minute?"
"It ain't no super car," Rivera says. "Maybe 8 minutes, at most."
Defense shows an aerial map ans asks Rivera to point out where each street is.
When shown, defense asks if it seems about six blocks apart. Rivera agrees. Defense asks if he's sure it took him ten minutes. Rivera says about 5 to 10 minutes.
Rivera says he didn't make any stops in between from James Street to Neilson Street.
"It ain't no super car," Rivera says. "Maybe 8 minutes, at most."
Defense shows an aerial map ans asks Rivera to point out where each street is.
When shown, defense asks if it seems about six blocks apart. Rivera agrees. Defense asks if he's sure it took him ten minutes. Rivera says about 5 to 10 minutes.
Rivera says he didn't make any stops in between from James Street to Neilson Street.
Day Three: Rivera recalls travels on April 12
Defense decides to change the subject and goes back to April 12, saying they are confused about part of Rivera's story.
Rivera again replies that he considers Diaz' son, Luis as his own, and that Luis was with him the whole time that evening.
Defense brings up the number of stops he made that evening, and asks if he told Diaz where he was headed. He says it was never talked about, and after church, again tells that he went to find "Spider," who was not home.
Judge tells Rivera to listen to the question.
Rivera says he dropped Diaz at church, and was going to meet up with her brother-in-law. Defense asks "She had no idea you'd be driving around, buying and dealing drugs, did she?"
"No, ma'am," Rivera replies.
When Rivera went to see Spider, Rivera says he took Luis out of the car seat and took him with him. Rivera says Spider was supposed to be at home - a house where Rivera sometimes would go to sell drugs in the bathroom.
Rivera reiterates that Luis was awake when he went to visit his friend Alacon, and when Rivera went to the Cornhill Market to see his friend Chubby. Rivera says he was in the Cornhill about 40 minutes when his friend Alacon walked in. Rivera says this was just coincidence that they were in the same place at the same time.
Rivera says it was then that he walked out of the Cornhill Market when he saw a black Monte Carlo parked outside, and Flaco running into the car.
Rivera says that after this he drove Alacon home, and then received a call from Gotti, who wanted 3 1/2 grams of crack-cocaine, otherwise known as "An 8-Ball." Rivera said he drove to Seymour Ave where he meets with Jay, going to the second floor of the house, baby in hand.
Rivera says he then drove to Spider's, where he met Gotti in the bathroom, Baby Luis playing in the living room with Spider's daughters as he dealt the drugs to Gotti. Rivera puts this time around a little after 8 p.m., possibly 8:15 p.m. at night.
Rivera says he then went to Seymour Ave to pay Jay for the drugs he provided, and kept some crack-cocaine for himself. The plan, Rivera says, was to pick up Chubby at 8:30 p.m. Chubby was waiting outside the Cornhill Market when Chubby was picked up.
At Court and Lenox Streets, a 10 minute drive, Rivera estimates, he dropped Chubby off at a store. Rivera went into the store with the baby, and at the store spent about 10-15 minutes.
Rivera says he then stopped at Spider's house to get two bags of marijuana. Rivera says he got out of the car and went into Spider's house, with baby Luis, as he says he wouldn't leave the baby alone in the car.
Rivera says it took about 5 minutes to purchase the marijuana at Spider's.
Rivera says it was after this he went to Neilson when he was stopped for running through the stop sign.
Rivera again replies that he considers Diaz' son, Luis as his own, and that Luis was with him the whole time that evening.
Defense brings up the number of stops he made that evening, and asks if he told Diaz where he was headed. He says it was never talked about, and after church, again tells that he went to find "Spider," who was not home.
Judge tells Rivera to listen to the question.
Rivera says he dropped Diaz at church, and was going to meet up with her brother-in-law. Defense asks "She had no idea you'd be driving around, buying and dealing drugs, did she?"
"No, ma'am," Rivera replies.
When Rivera went to see Spider, Rivera says he took Luis out of the car seat and took him with him. Rivera says Spider was supposed to be at home - a house where Rivera sometimes would go to sell drugs in the bathroom.
Rivera reiterates that Luis was awake when he went to visit his friend Alacon, and when Rivera went to the Cornhill Market to see his friend Chubby. Rivera says he was in the Cornhill about 40 minutes when his friend Alacon walked in. Rivera says this was just coincidence that they were in the same place at the same time.
Rivera says it was then that he walked out of the Cornhill Market when he saw a black Monte Carlo parked outside, and Flaco running into the car.
Rivera says that after this he drove Alacon home, and then received a call from Gotti, who wanted 3 1/2 grams of crack-cocaine, otherwise known as "An 8-Ball." Rivera said he drove to Seymour Ave where he meets with Jay, going to the second floor of the house, baby in hand.
Rivera says he then drove to Spider's, where he met Gotti in the bathroom, Baby Luis playing in the living room with Spider's daughters as he dealt the drugs to Gotti. Rivera puts this time around a little after 8 p.m., possibly 8:15 p.m. at night.
Rivera says he then went to Seymour Ave to pay Jay for the drugs he provided, and kept some crack-cocaine for himself. The plan, Rivera says, was to pick up Chubby at 8:30 p.m. Chubby was waiting outside the Cornhill Market when Chubby was picked up.
At Court and Lenox Streets, a 10 minute drive, Rivera estimates, he dropped Chubby off at a store. Rivera went into the store with the baby, and at the store spent about 10-15 minutes.
Rivera says he then stopped at Spider's house to get two bags of marijuana. Rivera says he got out of the car and went into Spider's house, with baby Luis, as he says he wouldn't leave the baby alone in the car.
Rivera says it took about 5 minutes to purchase the marijuana at Spider's.
Rivera says it was after this he went to Neilson when he was stopped for running through the stop sign.
Day Three: Monte Carlo was not in Rivera's statements
Rivera says that it was in Madison County where he was incarcerated when investigators came to him and took him to an undisclosed location to specifically talk to him about the events of April 12.
Rivera says that he did not see any officer jot down notes about the black Monte Carlo. Rivera says his memory was foggy, is on medication now, and only know is beginning to recall these things about the black Monte Carlo.
Defense says that's not what she asked, and says she wants to know if an officer ever took pen to paper and write this down.
Rivera says yes, Defense asks if anyone prepared a statement for him to sign. He says yes.
Defense asks if they took notes (Rivera says the officers were Kopek and Fallon who took notes).
Defense and prosecution approach the bench.
Rivera says that he did not see any officer jot down notes about the black Monte Carlo. Rivera says his memory was foggy, is on medication now, and only know is beginning to recall these things about the black Monte Carlo.
Defense says that's not what she asked, and says she wants to know if an officer ever took pen to paper and write this down.
Rivera says yes, Defense asks if anyone prepared a statement for him to sign. He says yes.
Defense asks if they took notes (Rivera says the officers were Kopek and Fallon who took notes).
Defense and prosecution approach the bench.
Day Three: Black Monte Carlo came up for first time in court today
Rivera says that he has support in the courtroom in the form of family and his attorneys. Defense asks if during lunch if he talked to anyone about his testimony.
The black Monte Carlo is brought up by the Defense. Defense asks Rivera about it. He says Flaco was actually hanging out next to the Cornhill Market when he saw the Black Monte Carlo pull up around 7:40 p.m. or so as Rivera walked out of the market.
Rivera says it was the first time he was at the Cornhill Market that he saw the black Monte Carlo.
Defense asks if he saw the shooter getting out of the Monte Carlo AFTER he got stopped. Rivera says yes, that he saw Flaco get out of the Black Monte Carlo on Neilson Street.
Rivera says he told Detective Kopek and another investigator about it. Defense wants to know when the first time he testified about this siting. She asks if he's ever come into a court and talked about the black Monte Carlo. He admits that today is the first time he testified about it in court.
Donalty explains what "to testify" means. Rivera says he gave two statements to police, but in neither of those statements did he mention the black Monte Carlo and Flaco getting out of it. He says he can't recall what town he was in when he told the investigators about it, but does know that it was in New York State. He was in jail at the time, which Rivera says was "for protection" of his family.
The black Monte Carlo is brought up by the Defense. Defense asks Rivera about it. He says Flaco was actually hanging out next to the Cornhill Market when he saw the Black Monte Carlo pull up around 7:40 p.m. or so as Rivera walked out of the market.
Rivera says it was the first time he was at the Cornhill Market that he saw the black Monte Carlo.
Defense asks if he saw the shooter getting out of the Monte Carlo AFTER he got stopped. Rivera says yes, that he saw Flaco get out of the Black Monte Carlo on Neilson Street.
Rivera says he told Detective Kopek and another investigator about it. Defense wants to know when the first time he testified about this siting. She asks if he's ever come into a court and talked about the black Monte Carlo. He admits that today is the first time he testified about it in court.
Donalty explains what "to testify" means. Rivera says he gave two statements to police, but in neither of those statements did he mention the black Monte Carlo and Flaco getting out of it. He says he can't recall what town he was in when he told the investigators about it, but does know that it was in New York State. He was in jail at the time, which Rivera says was "for protection" of his family.
Day Three: Back from recess; cross-examining Rivera
Recess is over, and Flaco has been returned to court with officers flanking him at all sides.
Defense Attorney Rebecca Wittman begins to cross-examine Sammy Rivera, who many look at as the prosecution's "star witness" in this case.
Before the recess, Rivera ID's Flaco as the shooter, and pointed him out to the courtroom.
Defense Attorney Rebecca Wittman begins to cross-examine Sammy Rivera, who many look at as the prosecution's "star witness" in this case.
Before the recess, Rivera ID's Flaco as the shooter, and pointed him out to the courtroom.
Day Three: Rivera fingers Cirino, lunch recess taken
Rivera is asked if the person he saw holding the gun is in the courtroom today. He says yes, and points to Wesley Molina-Cirino.
A lunch recess is taken until 1:55 p.m. before cross examination of Sammy Rivera will begin.
A lunch recess is taken until 1:55 p.m. before cross examination of Sammy Rivera will begin.
Day Three: Recording of Rivera and Lindsey talking
Rivera said that a month after the shooting, he has since learned that some things he had said to Officer Lindsey talked of were recorded on Michelle Agosto's phone by an accidental call to it.
Prosecution pulls out the recording and calls to admit it to evidence, with no objections.
The recording is played for the court.
In it, Rivera is heard trying to call Agosto and Diaz, and Lindsey talking to him. Most of it is inaudible on Lindsey's part, but most of Rivera can be heard.
Prosecution pulls out the recording and calls to admit it to evidence, with no objections.
The recording is played for the court.
In it, Rivera is heard trying to call Agosto and Diaz, and Lindsey talking to him. Most of it is inaudible on Lindsey's part, but most of Rivera can be heard.
Day Three: Rivera can't recall 911 call
Sammy Rivera is then shown several photos taken of Rivera and his friends.
When asked, Rivera says that he can not remember calling 911 as he left Neilson. He said he learned of the 911 call he made from Diaz' phone, but can't recall, by detectives during questioning.
When asked, Rivera says that he can not remember calling 911 as he left Neilson. He said he learned of the 911 call he made from Diaz' phone, but can't recall, by detectives during questioning.
Day Three: Flaco "wanted to get rid of Lindsey"
Sammy Rivera says that in December 2006, Flaco said that he "wanted to get rid of Lindsey, who Flaco called "El gordito blanco" - "the chubby white dude." Rivera said that Flaco felt Lindsey was "always harassing him."
"One of these motherf&%$#@ is going to get it one day," Rivera quoted Flaco as having said in January 2007.
"One of these motherf&%$#@ is going to get it one day," Rivera quoted Flaco as having said in January 2007.
Day Three: Rivera saw Flaco in a black Monte Carlo earlier that night
Rivera says Flaco was "good with kids."
Rivera said he saw Flaco earlier the night of April 12. Rivera says that after he dropped Diaz off at church, while he was at the Cornhill Market, he said he saw a black Monte-Carlo with a red stripe outside.
Rivera says he saw Flaco running outside and jumping into the black Monte Carlo. Rivera saw "Indio," Rivera's uncle's brother-in-law. Rivera says that Indio's real name is Jose, he believes.
Rivera tells the prosecution he saw that same car later, when he saw the black Monte Carlo stop at Neilson and Mortimer Streets, and saw Cirino get out of the car, while Lindsey was talking to Rivera.
Rivera said he saw Flaco earlier the night of April 12. Rivera says that after he dropped Diaz off at church, while he was at the Cornhill Market, he said he saw a black Monte-Carlo with a red stripe outside.
Rivera says he saw Flaco running outside and jumping into the black Monte Carlo. Rivera saw "Indio," Rivera's uncle's brother-in-law. Rivera says that Indio's real name is Jose, he believes.
Rivera tells the prosecution he saw that same car later, when he saw the black Monte Carlo stop at Neilson and Mortimer Streets, and saw Cirino get out of the car, while Lindsey was talking to Rivera.
Day Three: Rivera says was beaten by officers, photos of bleeding shown
Rivera is shown Diaz's benefits card, along with Diaz's cell phone, and is asked if that is the cell phone that he had in his possession that night on April 12. Rivera confirms it's the same phone he used to try and get ahold of Diaz and Augusta that night.
A photo is shown of Rivera in the Baltimores Orioles jersey from UPD. He was taken to the county jail for the drug charges, he said. A profile photo of Rivera is then shown to the court, with a bleeding ear, which Rivera says came from "a detective," the night of April 12.
A photo is shown of Rivera in the Baltimores Orioles jersey from UPD. He was taken to the county jail for the drug charges, he said. A profile photo of Rivera is then shown to the court, with a bleeding ear, which Rivera says came from "a detective," the night of April 12.
Day Three: Rivera confirms clothes he was wearing night of shooting
Rivera recalls the night he was stopped once again, and the items he was wearing including the leather coat and the baseball cap.
Prosecution brings Rivera's leather jacket to him, and points out that there's paint on it. Next, Rivera is shown his NY Yankees Baseball cap that he was wearing when the two police officers passed by the traffic stop. Next, the Baltimore Orioles Jersey is brought out, followed by Rivera's sneakers.
Rivera is then shown a photo of the red Dodge Neon, and confirms the insurance and registration that he handed to Officer Lindsey that day.
Prosecution brings Rivera's leather jacket to him, and points out that there's paint on it. Next, Rivera is shown his NY Yankees Baseball cap that he was wearing when the two police officers passed by the traffic stop. Next, the Baltimore Orioles Jersey is brought out, followed by Rivera's sneakers.
Rivera is then shown a photo of the red Dodge Neon, and confirms the insurance and registration that he handed to Officer Lindsey that day.
Day Three: Rivera and Flaco had falling out over Diaz, Flaco calls Rivera "dead man walking"
Rivera said he met Molina-Cirino at the Cornhill Market where Cirino would frequent. The two struck up a friendship, even going to "clubs together," Rivera said. Rivera brings up that he nicknamed Cirino "Flaco."
At beginning of 2007, Rivera said Flaco disappeared for a little while and then reappeared when Flaco asked if he could stay with Rivera and Diaz on Seymour Ave. Rivera agreed to let him stay for two weeks.
Rivera said he wanted privacy with his family and asked Flaco to leave, which he did.
A week after that, Rivera said Flaco was starting rumors that Diaz had been sleeping around. Rivera confronted Flaco about these rumors at Spider's house.
"I told him you got get it over with. The past is the past. She's my woman right now," Rivera said he told Flaco.
Rivera said Spider's wife, Maria, told everyone to leave, but told Rivera to stay. Flaco told Rivera as he left "You're a dead man walking." Rivera said that at that point, the relationship with Flaco was "down the drain."
At beginning of 2007, Rivera said Flaco disappeared for a little while and then reappeared when Flaco asked if he could stay with Rivera and Diaz on Seymour Ave. Rivera agreed to let him stay for two weeks.
Rivera said he wanted privacy with his family and asked Flaco to leave, which he did.
A week after that, Rivera said Flaco was starting rumors that Diaz had been sleeping around. Rivera confronted Flaco about these rumors at Spider's house.
"I told him you got get it over with. The past is the past. She's my woman right now," Rivera said he told Flaco.
Rivera said Spider's wife, Maria, told everyone to leave, but told Rivera to stay. Flaco told Rivera as he left "You're a dead man walking." Rivera said that at that point, the relationship with Flaco was "down the drain."
Day Three: Rivera relayed shooter ID to his attorney and officers while in jail
While consulting with his attorney - Tina Hartwell - about the events of April 12, he told Hartwell that he knew the shooter and why he hadn't talked to police previously.
While in jail, other police officers working on the homicide investigation came to speak with Rivera. When he spoke to them, his attorneys were with Rivera. Rivera talked to the officers, and gave them the identity of the shooter - at the request of his lawyer - on April 21, 2007.
While in jail, other police officers working on the homicide investigation came to speak with Rivera. When he spoke to them, his attorneys were with Rivera. Rivera talked to the officers, and gave them the identity of the shooter - at the request of his lawyer - on April 21, 2007.
Day Three: Rivera never washed hands; "couldn't trust" anyone
Rivera says that while at the police station, he did not ever got to the bathroom or wash his hands.
Prosecution asks if in Rivera's statement, if he had mentioned Flaco as the shooter. Rivera again says no, and that "I couldn't trust nobody."
Rivera says Tina Hartwell was assigned to him as an attorney, and that she and other attorneys were representing him on drug charges.
Prosecution asks if in Rivera's statement, if he had mentioned Flaco as the shooter. Rivera again says no, and that "I couldn't trust nobody."
Rivera says Tina Hartwell was assigned to him as an attorney, and that she and other attorneys were representing him on drug charges.
Day Three: Rivera didn't peg Flaco at first out of fear of family's safety
Rivera said he told the police it was someone in a white hoodie, but did not at first tell them it was Flaco, because he was scared.
"I have family," Rivera told the Prosecution. "I ain't' gonna let no one hurt my family," Rivera said.
Upon being brought to UPD, Rivera said that police blamed him for Officer Lindsey's shooting, punching him, and choking him, he said. Rivera was kept there for hours, and said he was hit all over his body by the officers after his arrest.
Rivera said he screamed out for them to give him a lie detector test, which is when the beating stopped.
"I have family," Rivera told the Prosecution. "I ain't' gonna let no one hurt my family," Rivera said.
Upon being brought to UPD, Rivera said that police blamed him for Officer Lindsey's shooting, punching him, and choking him, he said. Rivera was kept there for hours, and said he was hit all over his body by the officers after his arrest.
Rivera said he screamed out for them to give him a lie detector test, which is when the beating stopped.
Day Three: After shooting, Rivera went to John Street; police arrive swiftly
After driving away from Neilson Street and the man Rivera says was "Flaco," holding the gun, Rivera headed to the street on John Street. he describes himself as hysterical as he went into the church to get Diaz. He says Diaz was screaming at him about the baby and about what happened. Rivera says he was pacing from side to side outside his car at the time.
Rivera said a police officer was driving by John Street. Rivera said he waved to the officer, who turned around, got out of his car, pulled his gun, and told Rivera and Diaz to "get on the ground."
Rivera said he told the officer "she had nothing to do with it." He says he then told the officer it was someone in a white hoodie and that he "didn't do it." While this is going on, people were coming out of the church, including Diaz' mother, and numerous police officers.
Rivera says he had marijuana and crack on him when he was taken into custody by the police, who then took the drugs into their possession. Rivera was then placed into a police car.
Rivera said a police officer was driving by John Street. Rivera said he waved to the officer, who turned around, got out of his car, pulled his gun, and told Rivera and Diaz to "get on the ground."
Rivera said he told the officer "she had nothing to do with it." He says he then told the officer it was someone in a white hoodie and that he "didn't do it." While this is going on, people were coming out of the church, including Diaz' mother, and numerous police officers.
Rivera says he had marijuana and crack on him when he was taken into custody by the police, who then took the drugs into their possession. Rivera was then placed into a police car.
Day Three: Rivera came eye-to-eye with Flaco holding gun
Rivera said he heard "at least about three or four gunshots," and heard Lindsey hit the car, saying it was near where the door is, and didn't see the officer again.
As he looked up, Rivera says he looked to his left side and saw a gun in his face. Rivera is asked if he saw the hands that where was holding the gun. Bony, skinny fingers, Rivera describes them as.
As he looked in the eyes of the shooter, Rivera said he recognized the shooter as Wesley Molina-Cirino...Flaco, someone he knew. Rivera says HE is the one who nicknamed Cirino "Flaco."
Rivera said Flaco looked to rear of car, and Rivera took off in the car, with his head below the steering wheel, driving as fast as he could, not looking back. He says he had no idea where Flaco went.
Rivera says Flaco was wearing a white hoodie and dark jeans that night.
As he looked up, Rivera says he looked to his left side and saw a gun in his face. Rivera is asked if he saw the hands that where was holding the gun. Bony, skinny fingers, Rivera describes them as.
As he looked in the eyes of the shooter, Rivera said he recognized the shooter as Wesley Molina-Cirino...Flaco, someone he knew. Rivera says HE is the one who nicknamed Cirino "Flaco."
Rivera said Flaco looked to rear of car, and Rivera took off in the car, with his head below the steering wheel, driving as fast as he could, not looking back. He says he had no idea where Flaco went.
Rivera says Flaco was wearing a white hoodie and dark jeans that night.
Day Three: Rivera watches Lindsey fall, shots heard
Rivera says he was not successful in getting ahold of August or Diaz. Lindsey approached Rivera and told him that if no one could come to get him, he would drive behind Rivera to the church.
Rivera says Lindsey was angled just outside the driver's side of the door. Rivera did not know Lindsey's name at the time of the stop.
As the conversation takes place with Officer Lindsey, Lindsey tells him just to take care of the 100 dollar fine, saying "I'm not doing it for you, I'm doing it for the baby with you."
As Rivera said thank you, he saw Lindsey "jump," going for his gun and then heard gunshots. Rivera put his head under the steering wheel hearing a large clap against the car.
Rivera says when he looked up he saw a gun pointed in his face.
Rivera says Lindsey was angled just outside the driver's side of the door. Rivera did not know Lindsey's name at the time of the stop.
As the conversation takes place with Officer Lindsey, Lindsey tells him just to take care of the 100 dollar fine, saying "I'm not doing it for you, I'm doing it for the baby with you."
As Rivera said thank you, he saw Lindsey "jump," going for his gun and then heard gunshots. Rivera put his head under the steering wheel hearing a large clap against the car.
Rivera says when he looked up he saw a gun pointed in his face.
Day Three: Lindsey walks back to car, asks about warrant
Rivera says he had to get out of the car to adjust Baby Luis who was asleep in the back. As he did this, Officer Lindsey shouted out "Mr. Rivera, I'll be with you in just a second." Rivera says Lindsey was in his patrol car as this happened.
Rivera says Lindsey then walked back to the car, and asks Rivera about the "open container" warrant out on Ishmael Rivera. Rivera says he then starts calling Michelle Augusta as Lindsey made his way to Rivera's car, to let Diaz know he had been pulled over, to let Diaz know, in the hopes she would be able to come and drive the car since she had a license.
Rivera says Lindsey then walked back to the car, and asks Rivera about the "open container" warrant out on Ishmael Rivera. Rivera says he then starts calling Michelle Augusta as Lindsey made his way to Rivera's car, to let Diaz know he had been pulled over, to let Diaz know, in the hopes she would be able to come and drive the car since she had a license.
Day Three: Rivera saw Lindsey walk back to patrol car
Sammy Rivera says as he was stopped by Officer Thomas Lindsey on Neilson Street, he saw other police patrol cars come driving by. He says Officer Lindsey was close to his side by the car, and he heard Lindsey tell the other officers "Everything's okay. I got this."
After the officers continued onward, Rivera says Lindsey walked to his patrol car, but could not hear any conversation between Officer Lindsey or the other officers who passed by.
At this point, Rivera smoked a cigarette. Rivera says he looked at both of the officers who came by, but with one of the officers, Rivera says he kept his head to the side as he smoked. Rivera describes what he was wearing that night, consistent with what we've heard before.
After the officers continued onward, Rivera says Lindsey walked to his patrol car, but could not hear any conversation between Officer Lindsey or the other officers who passed by.
At this point, Rivera smoked a cigarette. Rivera says he looked at both of the officers who came by, but with one of the officers, Rivera says he kept his head to the side as he smoked. Rivera describes what he was wearing that night, consistent with what we've heard before.
Day Three: Rivera pulled over, gives officer an alias
Rivera left Spider's and headed to go to church to pick up Diaz, and headed down Neilson Street, slowing down as he crossed Arthur and Nelson, to "make sure things were all right there."
Rivera says he didn't completely stop at a Stop sign because there was a problem with the car. Diaz has previously testified there was a problem with the car.
Next, Rivera recalls seeing police lights, and an officer pulling him over on Neilson, past Eagle Street.
As the officer walks to the car, he asks Rivera for license and registration, and Rivera admits he told the officer he had no license, which he didn't, and gave the officer the name of his brother - Ishmael Rivera.
Rivera says he gave the false name because he was scared of a seatbelt ticket he had gotten weeks earlier. He gave the officer registration and insurance from the glove compartment, he says.
Rivera says he didn't completely stop at a Stop sign because there was a problem with the car. Diaz has previously testified there was a problem with the car.
Next, Rivera recalls seeing police lights, and an officer pulling him over on Neilson, past Eagle Street.
As the officer walks to the car, he asks Rivera for license and registration, and Rivera admits he told the officer he had no license, which he didn't, and gave the officer the name of his brother - Ishmael Rivera.
Rivera says he gave the false name because he was scared of a seatbelt ticket he had gotten weeks earlier. He gave the officer registration and insurance from the glove compartment, he says.
Day Three: Returning to Spider's, Rivera bought weed
Rivera says after dropping Chubby off and stopping by the market near Chubby's home, he went to James Street to see if Spider was home yet, but he had not been home yet. Spider's step-son was there, and Rivera bought himself two nickel-bags of weed at Spider's house.
Rivera says he bought the marijuana for his own personal use. Luis was with Rivera the whole time, he says.
Rivera says he bought the marijuana for his own personal use. Luis was with Rivera the whole time, he says.
Day Three: Rivera met "Gotti" for drug deal
Alacon came to the same market Rivera was at - The Cornhill Market, and Rivera gave Alacon a ride home, when it started to rain. Rivera said he was going to go return to see Chubby who was working at the Cornhill Market.
After he left the Cornhill Market, Rivera says, he dropped Alacon off at home, and then received a call on the cell phone from A guy called "Gotti," but Rivera does not know what his real name is.
Rivera said he had just met Gotti a few weeks before. Rivera says Gotti called because he wanted an 8-Ball, which is an amount of crack-cocaine. Rivera told Gotti he'd "take care of Gotti" and would meet him on James Street. Rivera says he headed to Seymour, which is usually where he gets his "stuff" from.
Rivera received the 8-Ball from "Jay," someone he had dealt with before. Jay fronted him the drugs.
Rivera met Gotti, was given $140, and gave Gotti the drugs. Rivera called Chubby, then went to give Jay his cut of the $140 given to him by Gotti ($120-125). Rivera also kept some crack-cocaine for himself.
Rivera then went to go pickup Chubby. This was now around 8:25 p.m. when he arrived to the Cornhill Market again.
Chubby paid Rivera $8 for driving him home. Chubby was dropped off at home around 8:40 p.m. or close to 9 p.m. Rivera said they went inside a store near where Chubby lived and talked, and took a Red Bull Energy Drink, which Rivera says he drinks a lot of.
After he left the Cornhill Market, Rivera says, he dropped Alacon off at home, and then received a call on the cell phone from A guy called "Gotti," but Rivera does not know what his real name is.
Rivera said he had just met Gotti a few weeks before. Rivera says Gotti called because he wanted an 8-Ball, which is an amount of crack-cocaine. Rivera told Gotti he'd "take care of Gotti" and would meet him on James Street. Rivera says he headed to Seymour, which is usually where he gets his "stuff" from.
Rivera received the 8-Ball from "Jay," someone he had dealt with before. Jay fronted him the drugs.
Rivera met Gotti, was given $140, and gave Gotti the drugs. Rivera called Chubby, then went to give Jay his cut of the $140 given to him by Gotti ($120-125). Rivera also kept some crack-cocaine for himself.
Rivera then went to go pickup Chubby. This was now around 8:25 p.m. when he arrived to the Cornhill Market again.
Chubby paid Rivera $8 for driving him home. Chubby was dropped off at home around 8:40 p.m. or close to 9 p.m. Rivera said they went inside a store near where Chubby lived and talked, and took a Red Bull Energy Drink, which Rivera says he drinks a lot of.
Day Three: Rivera went to see his friends "Spider," and "Alacon," then talked to "Chubby" at Cornhill market
Rivera says he went up to James Street to see his friend "Spider" after he dropped them off at home. "Spider's" real name is Hector, but Rivera does not know what Hector's last name is. Rivera describes Spider as an uncle.
Spider was not home when Rivera got to James Street, but Spider's step-son and two daughters were. Rivera then went to another friend's house named "Alacon." From there, Rivera went to the Cornhill Market, a block away from Alacon's house. Rivera used to work at the Cornhill Market, so he was familiar with the people who own it.
He bought himself a 40 ounce beer, and bought Luis some blue raspberry juice when he was talking with a friend he says is named "Chubby," but does not know Chubby's last name.
Spider was not home when Rivera got to James Street, but Spider's step-son and two daughters were. Rivera then went to another friend's house named "Alacon." From there, Rivera went to the Cornhill Market, a block away from Alacon's house. Rivera used to work at the Cornhill Market, so he was familiar with the people who own it.
He bought himself a 40 ounce beer, and bought Luis some blue raspberry juice when he was talking with a friend he says is named "Chubby," but does not know Chubby's last name.
Day Three: Rivera drove Neon, dropped them off at church
April 12 2007 at 5 p.m., Rivera says he was leaving Diaz' house with Diaz's brother-in-law who was en route to his nephew's house on Oneida Street. Rivera says the brother in law's name is Jose, but he doesn't know last name.
Rivera says Jose took him home around 6:30 p.m., where he ate some rice and spare ribs as Diaz got ready for church. At 7 p.m., Rivera took Diaz and her children to church on John Street, about a couple of blocks, he says, from Seymour Ave.
They were dropped off at church in the red Dodge Neon that belonged to Diaz, Rivera said. Once at the church, Rivera says Diaz and her daughter got out, while baby Luis slept in the car seat in the back of the car directly behind Rivera in the driver's seat.
Luis was two years old at this time, Rivera says. Rivera says that he had Diaz's cell phone with him as he left dropping them off at the church. he says he took her cell phone so that she had a way to get in touch with him if she needed him. He says he had lost the other cell phone he had, so Diaz' this was the only one the duo had.
Rivera says Jose took him home around 6:30 p.m., where he ate some rice and spare ribs as Diaz got ready for church. At 7 p.m., Rivera took Diaz and her children to church on John Street, about a couple of blocks, he says, from Seymour Ave.
They were dropped off at church in the red Dodge Neon that belonged to Diaz, Rivera said. Once at the church, Rivera says Diaz and her daughter got out, while baby Luis slept in the car seat in the back of the car directly behind Rivera in the driver's seat.
Luis was two years old at this time, Rivera says. Rivera says that he had Diaz's cell phone with him as he left dropping them off at the church. he says he took her cell phone so that she had a way to get in touch with him if she needed him. He says he had lost the other cell phone he had, so Diaz' this was the only one the duo had.
Day Three: Rivera called to the stand
Sammy Rivera has now taken the stand. Rivera is considered to be the prosecution's "star witness" and the only one who has seen Officer Lindsey get shot. He looks EXTREMELY different from his mugshot photo, when he had been up for days straight, with long, wirey hair. Today, he has a shaved head and clean-shaven face as he takes the stand.
Rivera was born in Puerto Rico, then New Jersey, and then to Utica, New York in March 2003 to move in with his uncle and aunt who already lived here. He is 31 years old today.
The judge has ordered still photographers to stop taking photos as it is making too much noise.
Rivera says Naomi Diaz has been his girlfriend for 2 1/2 years and moved in together last November 2005, at 1676 Seymour Ave. Rivera says that although Diaz's children are not his biologically, he considers them his.
Rivera says that in April 2007, he lived with Diaz, and that no one was living with them at the time.
Rivera was born in Puerto Rico, then New Jersey, and then to Utica, New York in March 2003 to move in with his uncle and aunt who already lived here. He is 31 years old today.
The judge has ordered still photographers to stop taking photos as it is making too much noise.
Rivera says Naomi Diaz has been his girlfriend for 2 1/2 years and moved in together last November 2005, at 1676 Seymour Ave. Rivera says that although Diaz's children are not his biologically, he considers them his.
Rivera says that in April 2007, he lived with Diaz, and that no one was living with them at the time.
Day Three: Disputing Officer Lindsey's position at car
Officer Grenier is asked by the Defense what assumptions he used in his recreation. He says he used the fact that the officer was making a traffic stop, and that the car pulled away.
Defense asks if he was provided with any deposition by Sammy Rivera about the accounts of that night, and asks if he heard that Rivera claims the shooter came out from behind the vehicle and snuck up behind Officer Lindsey.
Grenier says he never read any depositions of Sammy Rivera's.
Defense asks if he was ever made aware that there were no photos taken of where Lindsey's body was before it was removed from Neilson Street. Defense asks if evidence markers were still at the scene when Grenier was brought it. He says there was still some blood and brain matter left in the road when he was there.
Grenier says that he believe Lindsey was shot, collapsed, in a modified kneeling position, his upper torso still upright, with the car supporting it. Defense asks if he is making an assumption that Lindsey was shot by the window of the Dodge Neon. Grenier says "yes."
Grenier says that the recreation is in general terms - that they don't know exactly where Lindsey was standing at the time. That the demonstration is just in general terms.
Defense asks what would happen if he was shot at the rear of the Neon. Grenier says he doesnt' know how they would've found the blood and brain matter where they did if he HAD been shot at the rear of the Neon.
Grenier says a pool of blood and brain matter were at the scene, but defense asks that without the Neon there if Grenier had anyway to know where the blood and brain matter would have been when the Neon WAS there. Grenier says "no."
Grenier again responds when asked that he didn't read any depositions.
Defense asks again if, in regards to the scene, if Grenier had taken measurements or had knowledge of where Lindsey was in regards to the Dodge Neon. Grenier again says the recreation is in general terms.
Defense asks if he was provided with any deposition by Sammy Rivera about the accounts of that night, and asks if he heard that Rivera claims the shooter came out from behind the vehicle and snuck up behind Officer Lindsey.
Grenier says he never read any depositions of Sammy Rivera's.
Defense asks if he was ever made aware that there were no photos taken of where Lindsey's body was before it was removed from Neilson Street. Defense asks if evidence markers were still at the scene when Grenier was brought it. He says there was still some blood and brain matter left in the road when he was there.
Grenier says that he believe Lindsey was shot, collapsed, in a modified kneeling position, his upper torso still upright, with the car supporting it. Defense asks if he is making an assumption that Lindsey was shot by the window of the Dodge Neon. Grenier says "yes."
Grenier says that the recreation is in general terms - that they don't know exactly where Lindsey was standing at the time. That the demonstration is just in general terms.
Defense asks what would happen if he was shot at the rear of the Neon. Grenier says he doesnt' know how they would've found the blood and brain matter where they did if he HAD been shot at the rear of the Neon.
Grenier says a pool of blood and brain matter were at the scene, but defense asks that without the Neon there if Grenier had anyway to know where the blood and brain matter would have been when the Neon WAS there. Grenier says "no."
Grenier again responds when asked that he didn't read any depositions.
Defense asks again if, in regards to the scene, if Grenier had taken measurements or had knowledge of where Lindsey was in regards to the Dodge Neon. Grenier again says the recreation is in general terms.
Day Three: Bullet couldn't have come over the car for Lindsey to have fallen in direction he did
The CD presentation is shown, and it is about the car driven by Sammy Rivera.
A photo is shown of the red Dodge Neon is shown from front and back to the court. A schematic of a similar car is then shown and it is said that the schematic will be used to point out certain areas on the car.
Officer Grenier points out blood stains and brain matter on the driver's side car door of the red Dodge Neon. Grenier says the blood stain would appear to have come from blood NOT being airborne, but by the object (in this case, Officer Lindsey) coming into direct contact with the car.
Characterizing it as a "swipe mark," Grenier says it is made by one object moving against the other. Using a highlighting tool over the photos of the car, Officer Grenier shows the direction of the swipe mark.
Then, on the schematic shows where there were blood stains, brain matter, and the swipe mark on the side of the car. Prosecution asks if the swipe mark is consistent with the car moving forward. Grenier says "yes."
Prosecution asks if from these marks and stains if they can determine the position of Officer Lindsey, using the schematic and a figure to show where he believes Lindsey was standing and in what direction the bullet might have come from. If the shot came from over the car, Grenier says, Lindsey would have fallen away from the car.
Officer Grenier says that the bullet would have come from the side of Officer Lindsey, causing the officer to then fall INTO the car.
On the diagram, a possible direction of the shot is displayed as coming from a variety of angles, including next to the rear of the car, and at the back of the car by the trunk. Several of the angles are ruled out as "highly unlikely" by Grenier.
According to Grenier, direction and distance would determine in which way Lindsey would have fallen. One example Grenier gives is IF the shot had come from within the car, and says that, along with some of the other angles, would, again, be "highly unlikely," based on the direction in which Officer Lindsey fell.
One angle that Grenier sees as more consistent would be behind where Officer Lindsey stood on the driver's side of the vehicle. Somewhat hard to describe in text, but somewhat like the following, according to the diagram, with [] being the car, and () being the individuals - the shooter and Lindsey, and --- being the direction of the shot.
() --- () []
Another angle Grenier describes as possibly consistent looks like:
() []
/
()
A photo is shown of the red Dodge Neon is shown from front and back to the court. A schematic of a similar car is then shown and it is said that the schematic will be used to point out certain areas on the car.
Officer Grenier points out blood stains and brain matter on the driver's side car door of the red Dodge Neon. Grenier says the blood stain would appear to have come from blood NOT being airborne, but by the object (in this case, Officer Lindsey) coming into direct contact with the car.
Characterizing it as a "swipe mark," Grenier says it is made by one object moving against the other. Using a highlighting tool over the photos of the car, Officer Grenier shows the direction of the swipe mark.
Then, on the schematic shows where there were blood stains, brain matter, and the swipe mark on the side of the car. Prosecution asks if the swipe mark is consistent with the car moving forward. Grenier says "yes."
Prosecution asks if from these marks and stains if they can determine the position of Officer Lindsey, using the schematic and a figure to show where he believes Lindsey was standing and in what direction the bullet might have come from. If the shot came from over the car, Grenier says, Lindsey would have fallen away from the car.
Officer Grenier says that the bullet would have come from the side of Officer Lindsey, causing the officer to then fall INTO the car.
On the diagram, a possible direction of the shot is displayed as coming from a variety of angles, including next to the rear of the car, and at the back of the car by the trunk. Several of the angles are ruled out as "highly unlikely" by Grenier.
According to Grenier, direction and distance would determine in which way Lindsey would have fallen. One example Grenier gives is IF the shot had come from within the car, and says that, along with some of the other angles, would, again, be "highly unlikely," based on the direction in which Officer Lindsey fell.
One angle that Grenier sees as more consistent would be behind where Officer Lindsey stood on the driver's side of the vehicle. Somewhat hard to describe in text, but somewhat like the following, according to the diagram, with [] being the car, and () being the individuals - the shooter and Lindsey, and --- being the direction of the shot.
() --- () []
Another angle Grenier describes as possibly consistent looks like:
() []
/
()
Day Three: Back from recess
The court room has filled up very quickly once again as proceedings resume. Flaco has been brought back out, as has the jury.
Day Three: Grenier's presentation to be shown after recess
A CD is now being played of a presentation Officer Grenier prepared. Some technical problems are not allowing the presentation to show up on the juror's screens.
A ten minute recess is called while they try to straighten things out.
Sammy Rivera is set to testify next and we are told that he CAN be photographed.
A ten minute recess is called while they try to straighten things out.
Sammy Rivera is set to testify next and we are told that he CAN be photographed.
Day Three: Weapon was close to Lindsey and a high powered round
Officer Grenier points out the blood stains he says are apparent on the driver side door of the red Dodge Neon.
Grenier says it is a "direct contact transfer stain - bloody object then became in contact with the car and transferred blood to the car."
Grenier says there are positions that are not consistent with the evidence, and some that are, in regards to the the position of the shooter.
Some of the assumptions made would be that the weapon was fairly close to the victim, based on the observation of unburned powder on the face of Officer Lindsey, which happens when the weapon is about 3 feet from the victim, Grenier says.
He also points out that it is most likely a "fairly high powered round, based on skull fractures," Grenier says.
Grenier says it is a "direct contact transfer stain - bloody object then became in contact with the car and transferred blood to the car."
Grenier says there are positions that are not consistent with the evidence, and some that are, in regards to the the position of the shooter.
Some of the assumptions made would be that the weapon was fairly close to the victim, based on the observation of unburned powder on the face of Officer Lindsey, which happens when the weapon is about 3 feet from the victim, Grenier says.
He also points out that it is most likely a "fairly high powered round, based on skull fractures," Grenier says.
Day Three: Grenier has background in blood stains
Directed to the 110 block of Neilson Street, Grenier participated ina crime scene search of the neighborhood and houses.
Officer Grenier says that they study how blood stains are created, and identify particualr stains and use that information to draw conclusions as to how they were caused. Grenier says that at State Police Academy in Albany, he took a lab workshop to create blood stains, watch how they dry, and how they were caused.
Grenier says he's had to put this knowledge to use at suicide scenes before in order to recreate what has happened, and has been called as an expert witness in other cases in Oneida, Jefferson, and Onondoga Counties.
Specific blood stains are discussed, such as "cast off" stains, when hit with a swung object, "direct-contact stains," "swipe make stains," "impression stains," "impact stains," etc.
In February 2008, Grenier was asked to review the blood stains in the case of Officer Lindsey, looking at autopsy report, DNA report, and photographs of the 1995 red Dodge Neon.
Grenier is shown photos of the red Neon involved in the investigation. Some were taken at forensics center in Albany, some at UPD, Grenier says.
Officer Grenier says that they study how blood stains are created, and identify particualr stains and use that information to draw conclusions as to how they were caused. Grenier says that at State Police Academy in Albany, he took a lab workshop to create blood stains, watch how they dry, and how they were caused.
Grenier says he's had to put this knowledge to use at suicide scenes before in order to recreate what has happened, and has been called as an expert witness in other cases in Oneida, Jefferson, and Onondoga Counties.
Specific blood stains are discussed, such as "cast off" stains, when hit with a swung object, "direct-contact stains," "swipe make stains," "impression stains," "impact stains," etc.
In February 2008, Grenier was asked to review the blood stains in the case of Officer Lindsey, looking at autopsy report, DNA report, and photographs of the 1995 red Dodge Neon.
Grenier is shown photos of the red Neon involved in the investigation. Some were taken at forensics center in Albany, some at UPD, Grenier says.
Day Three: Forensics Officer: "CSI" is "scripted fantasy"
Officer Adrian Grenier now takes the stand. Officer Grenier is employed as a NYS Police Officer. He says he would train new officers coming out of the Academy. He says he is currently a forensics identification officer, where he works to reconstruct crime scenes. His background is confirmed, especially is certification in crime scenes and blood splatter.
He says he's investigated over 100 crime scenes in his career.
Prosecution asks if the Officer is familiar with the TV show "CSI," which Officer Grenier says"loosely depicts crime scene investigation, and while entertaining, is not very accurate." He refers to it as "scripted fantasy." He says the time frames in which the characters on TV perform investigations is handled with "creative license."
Prosecution then brings Grenier's attention to his meeting with Dr. Sikirica, the forensic pathologist who performed the autopsy on Lindsey. Grenier took all the photographs as the autopsy was performed.
He says he's investigated over 100 crime scenes in his career.
Prosecution asks if the Officer is familiar with the TV show "CSI," which Officer Grenier says"loosely depicts crime scene investigation, and while entertaining, is not very accurate." He refers to it as "scripted fantasy." He says the time frames in which the characters on TV perform investigations is handled with "creative license."
Prosecution then brings Grenier's attention to his meeting with Dr. Sikirica, the forensic pathologist who performed the autopsy on Lindsey. Grenier took all the photographs as the autopsy was performed.
Day Three: Rain or washing of hands could have cleaned residue off of Rivera
Elana Foster of RJ Lee Group in PA is being cross-examined. Defense asks if Foster was there when the hands were tested. Foster says "no." Defense asks if a person was to wash their hands prior to any of those swabbing being done, fi that would have an impact on results.
Foster says yes, and says that a person is capable of washing all residue off. Defense asks if Foster has any knowledge if the individual tested had washed his hands. Foster says she was not there and doesn't know.
Defense asks if rain would have an effect on gunshot residue found. We have previously heard that it was a rainy night when Officer Lindsey was shot.
On cross-direct, Prosecution asks if they've tested in the rain before. Foster says "no."
Foster says yes, and says that a person is capable of washing all residue off. Defense asks if Foster has any knowledge if the individual tested had washed his hands. Foster says she was not there and doesn't know.
Defense asks if rain would have an effect on gunshot residue found. We have previously heard that it was a rainy night when Officer Lindsey was shot.
On cross-direct, Prosecution asks if they've tested in the rain before. Foster says "no."
Day Three: No residue on Rivera, according to expert
Foster just said that a larger primer cap (or larger bullet) would leave more residue on one's hands.
Previously, Forensic Pathologist Sikirica said he thought the bullet used was a larger caliber bullet.
Prosecution asks her if Foster found any gunshot residue particles.
Previously, Forensic Pathologist Sikirica said he thought the bullet used was a larger caliber bullet.
Prosecution asks her if Foster found any gunshot residue particles.
Day Three: Gunshot residue tests on Rivera inconclusive
Foster tells the Proseuction that with the results of her tests on the AAK Kit, they are not consistent with gunshot wound residue. Foster is then asked to open the SEM kit. She says it works similar to a lint brush you would use to get lint off of clothing, with a sticky substance dabbed on the hand to pick up samples.
Prosecution has not yet stated who the individual being tested in these kits is.
Foster explains that with the SEM Kit, they came to the result that they did not find the components fused together, nor a large quantity of all three particles of lead, barium, and antimony.
From this, she said, test results are considered "inconclusive." She explains they don't use "negative," when analyzing gunshot residue. Only "positive" or "inconclusive."
Prosecution asks if there's any other reasons a person might have these materials on their hands. Foster says you can get the individual particles on your hands from other things, but not you can not find them fused together other than threw the discharge of a firearm.
Prosecution now states these are, in fact, the samples taken of Sammy Rivera's hands for gunshot residue.
Prosecution has not yet stated who the individual being tested in these kits is.
Foster explains that with the SEM Kit, they came to the result that they did not find the components fused together, nor a large quantity of all three particles of lead, barium, and antimony.
From this, she said, test results are considered "inconclusive." She explains they don't use "negative," when analyzing gunshot residue. Only "positive" or "inconclusive."
Prosecution asks if there's any other reasons a person might have these materials on their hands. Foster says you can get the individual particles on your hands from other things, but not you can not find them fused together other than threw the discharge of a firearm.
Prosecution now states these are, in fact, the samples taken of Sammy Rivera's hands for gunshot residue.
Day Three: Sealed gunshot residue kits opened in court
Elana Foster of RJ Lee Group in Pennsylvania is shown a copy of her report by the prosecution in order to refresh her memory of the analysis done on April 15th of materials from the UPD.
2 Gunshot residue kits were received on Sunday, Foster says. She says that it is received at the front desk by a receptionist, and hten picked up by someone in the forensics department. The evidence was then secured in the forensics department, Foster said.
On Monday, April 16th, Foster says, she retrieved the kits when she got to work. The SEM and the Atomic Absorption Kit (AAK) which were sent to RJ Lee Group are brought into evidence and shown to Foster.
Foster confirms that the seals were intact on the kits when she received them. Prosecution then asks her to open up the now sealed kits (which Foster says she sealed after testing).
The AAK kit is opened first and is explained as an older type of testing kit.
Foster is asked is she conducted a testing of these kits. She checks her notes. She says kits were analyzed on April 17th according to her notes.
ICPMS, Foster says, is a took that takes a liquid solution and tells you what type of metals are present. She says its often used to anaylze drinking water. Results of the analysis of these kits were that no significance could be attached to antimony and barium found in the samples. She says that what that means is that when results came back, it didn't match the FBI's standard levels of antimony to reach a positive.
2 Gunshot residue kits were received on Sunday, Foster says. She says that it is received at the front desk by a receptionist, and hten picked up by someone in the forensics department. The evidence was then secured in the forensics department, Foster said.
On Monday, April 16th, Foster says, she retrieved the kits when she got to work. The SEM and the Atomic Absorption Kit (AAK) which were sent to RJ Lee Group are brought into evidence and shown to Foster.
Foster confirms that the seals were intact on the kits when she received them. Prosecution then asks her to open up the now sealed kits (which Foster says she sealed after testing).
The AAK kit is opened first and is explained as an older type of testing kit.
Foster is asked is she conducted a testing of these kits. She checks her notes. She says kits were analyzed on April 17th according to her notes.
ICPMS, Foster says, is a took that takes a liquid solution and tells you what type of metals are present. She says its often used to anaylze drinking water. Results of the analysis of these kits were that no significance could be attached to antimony and barium found in the samples. She says that what that means is that when results came back, it didn't match the FBI's standard levels of antimony to reach a positive.
Day Three: Three elements must be fused together to be gunshot residue
Lead, barium, and antimony are the three things looked for when testing for gunshot residue, Foster says.
She says the residue is left near the hand of someone firing a gun. She is then shown a cartridge of ammunition, and asked if she can point out what a "primer cap" is.
When shown on an overhead projector, which all the court can see, she is shown a piece of ammunition, and points out the "primer cap" in the center of the bullet. It is the materials IN this primer cap which cause the residue when fired.
Elana Foster tells the prosecution that the materials are found in ammunition, lead-based paint, fireworks, and sometimes in a mechanic-type environment. She explains that gunshot residue particles they look for the three materials together. All three need to be fused together in a single particle for it to be able to say it came from a discharged firearm.
Scanning electron microscope (SEM), Foster says, is the tool used to find such residue, and she compares it to plugging your video camera into a TV so that you can see what you point the camera at. When they do the analysis they are looking at a monitor at the materials.
Foster says the lowest amount of residue, the sensitivty level of the SEM can see particles not even the width of a hair.
She says the residue is left near the hand of someone firing a gun. She is then shown a cartridge of ammunition, and asked if she can point out what a "primer cap" is.
When shown on an overhead projector, which all the court can see, she is shown a piece of ammunition, and points out the "primer cap" in the center of the bullet. It is the materials IN this primer cap which cause the residue when fired.
Elana Foster tells the prosecution that the materials are found in ammunition, lead-based paint, fireworks, and sometimes in a mechanic-type environment. She explains that gunshot residue particles they look for the three materials together. All three need to be fused together in a single particle for it to be able to say it came from a discharged firearm.
Scanning electron microscope (SEM), Foster says, is the tool used to find such residue, and she compares it to plugging your video camera into a TV so that you can see what you point the camera at. When they do the analysis they are looking at a monitor at the materials.
Foster says the lowest amount of residue, the sensitivty level of the SEM can see particles not even the width of a hair.
Day Three: Elana Foster takes the stand, expert in gunshot residue testing
Elana Foster is called to the stand. She is employed by the RJ Lee Group in Pennsylvania, which specializes in anaylitcal testing, gunshot residue, DNA testing, etc. She refers to it as specialty lab that looks for traces of substances in other things.
Foster works in the forensics department as a manager. Her responsibilites include testing, reporting, and making sure samples are secure. Before that she worked for SONY Electronics, doing lab technician work. She says she has testified before in other cases.
She says gunshot residue is something they handle quite a lot at RJ Lee Group, and that she has been an "expert witness" in 24 trials in 11 different states.
She talks slightly too fast for the translator and is asked to slow down as she explains what gunshot residue is.
Foster works in the forensics department as a manager. Her responsibilites include testing, reporting, and making sure samples are secure. Before that she worked for SONY Electronics, doing lab technician work. She says she has testified before in other cases.
She says gunshot residue is something they handle quite a lot at RJ Lee Group, and that she has been an "expert witness" in 24 trials in 11 different states.
She talks slightly too fast for the translator and is asked to slow down as she explains what gunshot residue is.
Day Three: Flaco is brought in to court
Wesley Molina-Cirino, also known as "Flaco," has been brought out to the courtroom. Tall and extremely lanky, he now wears the white shirt he wore on his first appearance Tuesday, with the same blue and yellow tie he's been wearing all this week.
Two uniformed and one plain-clothed officers stand behind him, as the translator stands to his side. Defense attorney Rebecca Wittman has returned to the room and takes her place at her client's side.
Two uniformed and one plain-clothed officers stand behind him, as the translator stands to his side. Defense attorney Rebecca Wittman has returned to the room and takes her place at her client's side.
Day Three: Attorneys, officers, family arrive
Prosecution Michael Coluzza has just arrived, as has Defense Attorney Rebecca Wittman. The courtrom has quickly filled and the benches are without an empty seat. One side made up entirely of UPD Officers in their uniforms, and the other filled with friends and family members of those in the case.
Day Three: Judge Donalty arrives
Judge Barry Donalty has arrived, and is running through normal court calendar. Yesterday he told the court he plans to be done with other cases and resume the "Flaco" trial by 9:20 a.m.
Officer Lindsey's girlfriend at the time of his death - Lisa - has also arrived, with her family by her side.
Two women who have not been here the past two days have walked in and asked us if this "is Wesley's trial?" When we tell them yes, they take some seats in the back. Possibly family or friends of Cirino? Not sure.
Officer Lindsey's girlfriend at the time of his death - Lisa - has also arrived, with her family by her side.
Two women who have not been here the past two days have walked in and asked us if this "is Wesley's trial?" When we tell them yes, they take some seats in the back. Possibly family or friends of Cirino? Not sure.
Day Three: Day Three to begin soon...
Back in thr courtroom on Thursday morning. A few members of Lindsey's family have arrived and are talking amidst themselves.
Today, we are supposed to hear from Officer Adrien Grenier as well as what some might call the Prosecution's "star witness," Sammy Rivera, who was driving the red Dodge Neon Officer lindsey had pulled over and who says he watched him get shot.
Chief C. Allen Pylman has arrived once again. From the way the officers react to him during this trial, he appears as a father-like figure to many of these people, standing back and offering support, even in his presence here every day.
Today, we are supposed to hear from Officer Adrien Grenier as well as what some might call the Prosecution's "star witness," Sammy Rivera, who was driving the red Dodge Neon Officer lindsey had pulled over and who says he watched him get shot.
Chief C. Allen Pylman has arrived once again. From the way the officers react to him during this trial, he appears as a father-like figure to many of these people, standing back and offering support, even in his presence here every day.
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