Witness James Bell, like many before him in this case, wears a blaze-orange prison jumpsuit. Bell is 32 years old, in jail on federal conspiracy to distribute crack cocaine charges. He is serving 14 and a half years in prison. He has not been promised anything in exchange for his testimony. He is awaiting his sentencing. He entered Oneida County Jail in May of last year. He came to know "Flaco" while at OCJ. Bell was in a special unit for disciplinary cases at the jail in June when he came into contact with "Flaco", who was already there.
Bell had an argument with "Flaco". Bell's brother is a police officer at UPD and he was talking to another inmate about him when "Flaco" said "(expletive) all police". Bell was saying he was proud of his brother. "Flaco" was ranting and raving about how he hated police and had killed police in Puerto Rico. The two argued for an hour. Bell told "Flaco" what he'd do to him if he caught him outside his cell. A correction officer had to put an end to the argument. After that, Bell and "Flaco" stayed away from each other.
Late November, Bell went back to the special unit. There, he saw "Flaco" again. Bell cleaned during the day. Bell provoked "Flaco", calling him names. "Flaco" began raving about how he's murdered before and would do it again. Claims "Flaco" had a trick where he'd pretend he was being asked for his license and he'd say, 'here's my license, 'bam bam bam!' as though he was pulling a gun. Bell says "Flaco" told another prisoner he'd killed the cop. Bell identifies defendant Wesley Molina Cirino as "Flaco".
Defense now questioning James Bell. Asks when Bell first contacted authorities to tell them he had information. He says he didn't; that someone else in the unit overheard the conversation and gave police his name. Police just came to see him March 8th.
Bell says his sentencing guidelines put him at 14 and a half years. He acknowledges that, at Federal Court, cooperation with authorities can make a difference. He will be sentenced in three and a half weeks. Defense asks if all these conversations he's talking about today that he had with "Flaco" were in English or Spanish. Bell says 'English--he speaks good English'. He says no one should be targeted because of the line of work they're in-they shouldn't be executed, no. Defense asks if he's not happy with anyone who shoots a police officer because his brother is a police officer. He says no. Testimony is finished. The judge reminds the jury to keep an open mind and not to discuss the case with anyone or visit any places related to the case. He also asks them not to listen to, read or view any media accounts of the trial. Court is in recess until Monday.
Friday, March 14, 2008
Day Four: Officer Lindsey Pulled Over Next Witness
Inmate Mario Cirino Sierra is sworn in with the help of a translator and takes the witness stand. He is 20 years old. He was arrested in January of this year on a charge of criminal possession of a controlled substance in the third degree-a felony. He says he has not been offered anything from the D.A.'s office in exchange for his testimony. But the prosecutor points out he has been offered a plea to a misdemeanor charge instead and this refreshes Sierra's recollection. He acknowledges the deal. He says he was convicted in October, 2007, of resisting arrest-a misdemeanor. He says he is from Puerto Rico.
Sierra says he is a cousin of defendant Wesley Molina Cirino. He says he knew the defendant from back in Puerto Rico. He says his street name is "Flaco", which means "thin". He says "Flaco" came to the U.S. around the year 2000 or 2001. Sierra says he was in jail on April 12, 2007. He was released May 25th and went back to Utica, living on Howard Ave. He heard "Flaco" was in jail in Syracuse. He never visited him there.
In June of 2007, Sierra learned "Flaco" was arrested in this case. Sierra was arrested again, housed at the Oneida County Jail. He signed a document to be moved near the defendant in jail. The two were in cells near each other in "B" block. At a time their cells were side by side. They would talk to each other every day. February 12, 2008, he had a conversation with defendant, "Flaco". "Flaco" asked Sierra, when his lawyer went to visit, to say it was not "Flaco", but "Majon" who killed the police officer. Asked if he had any direct knowledge of the death of Officer Lindsey, Sierra says, "No". Says he had no direct knowledge that "Majon" did the shooting. Sierra identifies the defendant as the person he's been calling "Flaco". Prosecution is done with Sierra.
Defense attorney asks if Sierra knew she wanted to talk to him. Sierra says Wesley told him.
He admits he has no knowledge of what happened April 12 because he was in jail. Wittman asks if Wesley told him he'd seen "Majon" with a .44 and he wanted you to tell someone about it. He says yes. He says Wesley told him he wanted him to tell Wittman he saw "Majon" with a .44. She asks if he and Wesley had a fight in jail over playing music at night. Sierra says 'yes'. Sierra says he never had a driver's license. She asks if he was pulled over by Officer Lindsey for not signaling a turn. He says yes and that he did not have a license. She asks if Officer Lindsey pulled him over on Neilson Street. He says no-Arthur and Howard. Sierra got out of the car when the officer pulled him over. The officer grabbed his pistol and told him to freeze and get back in the car. The officer asked if he had a license and he said no and the officer searched his car and found drugs (not yet specified). Subsequently, Sierra went to jail. Defense asks if he wasn't too happy with Officer Lindsey after this happened. Sierra says, "he was lucky to have stopped me-I could not to anything. She asks the happy question again. Not very happy about going to jail. He says, 'the same day they arrested me they let me go'. She asks if it's because he talked to police about what happened. He says he skipped a court date for this in September. He says Officer Lindsey asked his woman during the stop, "why I'm running away from him" and that other officers grabbed him. He says it was August of 2006 when the officer stopped him. He wound up charged with felonies. He talked to police. After that they let him go and told him to report back for court; he didn't. He recalls Officer Lindsey chasing him in cornhill. Officer Lindsey went into a house to find him. He was hiding outside; the officer didn't find him. Ultimately, Sierra was arrested for not going to court--not by Officer Lindsey. In January of this year, Sierra arrested again, for a felony.
Sierra says it was more of a discussion than fight over music at the jail. He admits to defense that during the fight, he told "Flaco" he was going to 'tell them you did that'. Defense says, 'then you got together with the D.A. to say what you had to say to get a misdemeanor'. Sierra says, 'what's a misdemeanor?' She asks him about the sentence he was supposed to get; he says two years for drug possession and violation of probation. Defense asks if he reads and writes English. He says no. Spanish? Yes. Asked if defendant reads and writes Spanish, Sierra replies, "he would know that." Now Sierra says it was in September of 2007 he was picked up by police--earlier he'd said it was October. Defense asks if Sierra was interviewed by police after April 12th. Yes--he says, by a Spanish-speaking officer. Defense asks if Wesley ever told him he should say something about Wesley's case in order to help his own case. "He told me if I said that it would help me with my case-if I told them it was Majon...." Defense asks again if he told him to do it to help his own case. Sierra says no.
Prosecutor with more questions. Asks if Wesley's request to pass on info to lawyers was before or after quarrel about music. Sierra says after the discussion. Heated discussion, prosecution asks....Sierra says no. Sierra says he told Wesley he wouldn't tell police it wasn't him that killed Officer Lindsey. Sierra says he never told any police or D.A.s that Wesley killed Officer Lindsey. Prosecution is done; defense has more questions.
Defense asks if he spoke with a Spanish Utica Police Officer last week. He says yes. She asks if he told police that Wesley told them to give police information so it'd help him with his case. Sierra says yes. He is off the stand. Media were not allowed to tape him, either. Afternoon recess--back in 10 minutes.
Sierra says he is a cousin of defendant Wesley Molina Cirino. He says he knew the defendant from back in Puerto Rico. He says his street name is "Flaco", which means "thin". He says "Flaco" came to the U.S. around the year 2000 or 2001. Sierra says he was in jail on April 12, 2007. He was released May 25th and went back to Utica, living on Howard Ave. He heard "Flaco" was in jail in Syracuse. He never visited him there.
In June of 2007, Sierra learned "Flaco" was arrested in this case. Sierra was arrested again, housed at the Oneida County Jail. He signed a document to be moved near the defendant in jail. The two were in cells near each other in "B" block. At a time their cells were side by side. They would talk to each other every day. February 12, 2008, he had a conversation with defendant, "Flaco". "Flaco" asked Sierra, when his lawyer went to visit, to say it was not "Flaco", but "Majon" who killed the police officer. Asked if he had any direct knowledge of the death of Officer Lindsey, Sierra says, "No". Says he had no direct knowledge that "Majon" did the shooting. Sierra identifies the defendant as the person he's been calling "Flaco". Prosecution is done with Sierra.
Defense attorney asks if Sierra knew she wanted to talk to him. Sierra says Wesley told him.
He admits he has no knowledge of what happened April 12 because he was in jail. Wittman asks if Wesley told him he'd seen "Majon" with a .44 and he wanted you to tell someone about it. He says yes. He says Wesley told him he wanted him to tell Wittman he saw "Majon" with a .44. She asks if he and Wesley had a fight in jail over playing music at night. Sierra says 'yes'. Sierra says he never had a driver's license. She asks if he was pulled over by Officer Lindsey for not signaling a turn. He says yes and that he did not have a license. She asks if Officer Lindsey pulled him over on Neilson Street. He says no-Arthur and Howard. Sierra got out of the car when the officer pulled him over. The officer grabbed his pistol and told him to freeze and get back in the car. The officer asked if he had a license and he said no and the officer searched his car and found drugs (not yet specified). Subsequently, Sierra went to jail. Defense asks if he wasn't too happy with Officer Lindsey after this happened. Sierra says, "he was lucky to have stopped me-I could not to anything. She asks the happy question again. Not very happy about going to jail. He says, 'the same day they arrested me they let me go'. She asks if it's because he talked to police about what happened. He says he skipped a court date for this in September. He says Officer Lindsey asked his woman during the stop, "why I'm running away from him" and that other officers grabbed him. He says it was August of 2006 when the officer stopped him. He wound up charged with felonies. He talked to police. After that they let him go and told him to report back for court; he didn't. He recalls Officer Lindsey chasing him in cornhill. Officer Lindsey went into a house to find him. He was hiding outside; the officer didn't find him. Ultimately, Sierra was arrested for not going to court--not by Officer Lindsey. In January of this year, Sierra arrested again, for a felony.
Sierra says it was more of a discussion than fight over music at the jail. He admits to defense that during the fight, he told "Flaco" he was going to 'tell them you did that'. Defense says, 'then you got together with the D.A. to say what you had to say to get a misdemeanor'. Sierra says, 'what's a misdemeanor?' She asks him about the sentence he was supposed to get; he says two years for drug possession and violation of probation. Defense asks if he reads and writes English. He says no. Spanish? Yes. Asked if defendant reads and writes Spanish, Sierra replies, "he would know that." Now Sierra says it was in September of 2007 he was picked up by police--earlier he'd said it was October. Defense asks if Sierra was interviewed by police after April 12th. Yes--he says, by a Spanish-speaking officer. Defense asks if Wesley ever told him he should say something about Wesley's case in order to help his own case. "He told me if I said that it would help me with my case-if I told them it was Majon...." Defense asks again if he told him to do it to help his own case. Sierra says no.
Prosecutor with more questions. Asks if Wesley's request to pass on info to lawyers was before or after quarrel about music. Sierra says after the discussion. Heated discussion, prosecution asks....Sierra says no. Sierra says he told Wesley he wouldn't tell police it wasn't him that killed Officer Lindsey. Sierra says he never told any police or D.A.s that Wesley killed Officer Lindsey. Prosecution is done; defense has more questions.
Defense asks if he spoke with a Spanish Utica Police Officer last week. He says yes. She asks if he told police that Wesley told them to give police information so it'd help him with his case. Sierra says yes. He is off the stand. Media were not allowed to tape him, either. Afternoon recess--back in 10 minutes.
Day Four: Cross Examination of "NeNe"
Defense Attorney Rebecca Wittman is cross examining "NeNe". She asks if he got on a chat line the night of April 12, 2007; he did. "Majon" came to "NeNe"'s house as it was getting dark outside. The translator is now assisting "NeNe". Wittman asks if "NeNe" has a recollection of what happened the night of April 12th. He says he remembers most of it. He saw Sammy Rivera outside in the daytime, but can't remember if it was that day or another day. He does remember that Rivera was driving a red Neon with a baby in the back seat. Sammy was there a few minutes.
Doesn't remember what Sammy was wearing at his house that day. "A jacket". Wittman asked if he told police it was a black jacket with skulls. He says yes. Says defendant told him that there were cops outside and he wasn't going out there. "NeNe" thinks he saw defendant at his house the next day. Says he saw him after April 12 two or three times at his house. "NeNe" says he spoke with police the day after Officer Lindsey was killed. They asked how he found out the officer was killed. He told them the defendant had told him. "NeNe" is done. Media were not allowed to record his testimony.
Doesn't remember what Sammy was wearing at his house that day. "A jacket". Wittman asked if he told police it was a black jacket with skulls. He says yes. Says defendant told him that there were cops outside and he wasn't going out there. "NeNe" thinks he saw defendant at his house the next day. Says he saw him after April 12 two or three times at his house. "NeNe" says he spoke with police the day after Officer Lindsey was killed. They asked how he found out the officer was killed. He told them the defendant had told him. "NeNe" is done. Media were not allowed to record his testimony.
Day Four: Cross Examination of "NeNe"
Defense Attorney Rebecca Wittman is cross examining "NeNe". She asks if he got on a chat line the night of April 12, 2007; he did. "Majon" came to "NeNe"'s house as it was getting dark outside. The translator is now assisting "NeNe". Wittman asks if "NeNe" has a recollection of what happened the night of April 12th. He says he remembers most of it. He saw Sammy Rivera outside in the daytime, but can't remember if it was that day or another day. He does remember that Rivera was driving a red Neon with a baby in the back seat. Sammy was there a few minutes.
Day Four: Back From Lunch
Defendant Wesley Molina Cirino is back in the courtroom. Next witness, Aurelio Pizarro, is on the stand. A Spanish interpreter is at his side in case he needs him. Pizarro is 20 years old. His street name is "NeNe", which he says means "kid". He is the son of Wanda, whom we heard about earlier. "NeNe" knows "Flaco" and says they're not related. He knows "Flaco" from childood--about seven years. "NeNe" knows "Majon" whose name he says is Jose. Doesn't know Jose's last name but says he lives in Puerto Rico. He knows Jose was in Utica last year.
Night of April 12, 2007. "NeNe" saw "Majon" that night. "Majon" came into "NeNe"'s house to play video games. "NeNe" saw defendant "Flaco" that night when it was almost getting dark. There was a time he didn't see "Flaco" for a while then saw him in the dining room of the home. "Flaco" said, "there's cops outside". Both men looked out a window. "NeNe" saw police officers and cars-lots of them. "Flaco" came downstairs and "NeNe" asked him what happened and "Flaco" said a cop was shot. "NeNe" doesn't know how "Flaco" knew that.
"NeNe" says "la Badusca"'s name is Adriana. He saw her outside his house the night of April 12, 2007. After he saw the cops, "NeNe" was talking on the phone with a girl, telling her a cop was shot. "NeNe" stayed in the rest of the night. "Flaco" did not spend that night at "NeNe"'s house. "NeNe" learned "Majon" wanted to go back to Puerto Rico. "NeNe" has identified defendant Wesley Molina Cirino as the person he knows as "Flaco" and who told him a cop was shot that night.
Night of April 12, 2007. "NeNe" saw "Majon" that night. "Majon" came into "NeNe"'s house to play video games. "NeNe" saw defendant "Flaco" that night when it was almost getting dark. There was a time he didn't see "Flaco" for a while then saw him in the dining room of the home. "Flaco" said, "there's cops outside". Both men looked out a window. "NeNe" saw police officers and cars-lots of them. "Flaco" came downstairs and "NeNe" asked him what happened and "Flaco" said a cop was shot. "NeNe" doesn't know how "Flaco" knew that.
"NeNe" says "la Badusca"'s name is Adriana. He saw her outside his house the night of April 12, 2007. After he saw the cops, "NeNe" was talking on the phone with a girl, telling her a cop was shot. "NeNe" stayed in the rest of the night. "Flaco" did not spend that night at "NeNe"'s house. "NeNe" learned "Majon" wanted to go back to Puerto Rico. "NeNe" has identified defendant Wesley Molina Cirino as the person he knows as "Flaco" and who told him a cop was shot that night.
Day Four: Lunch recess taken
A lunch recess is now being taken. More testimony is set to be heard this afternoon.
As I will be at the station all next week, this marks my last blog. I will now be handing the reins over to Joleen, who has very quickly become quite adept at blogging herself.
Thanks to all those who have stayed with us for updates throughout the trial. Stay logged on for more.
As I will be at the station all next week, this marks my last blog. I will now be handing the reins over to Joleen, who has very quickly become quite adept at blogging herself.
Thanks to all those who have stayed with us for updates throughout the trial. Stay logged on for more.
Day Four: Lester cross-examined, "300 Billion to 1"
Forensic Scientist Andrea Lester is being cross-examined.
Lester says the probaility of finding anyone else in the population other than Officer Thoms Lindsey having the DNA profile from the piece of evidence (swabbings inside the car door) she tested is 300 billion to 1.
Lester says the probaility of finding anyone else in the population other than Officer Thoms Lindsey having the DNA profile from the piece of evidence (swabbings inside the car door) she tested is 300 billion to 1.
Day Four: More DNA testing
Referring to the cutting from the Orioles Jersey, the DNA did not match any of the "control samples" Lester had samples from. Lester says because it was unknown it got classified as a "John Doe."
Other samples are shown to Lester which came up as "mixtures of two unknown individuals," Lester says. Another sample containing a mixture of Diaz and Rivera's DNA is shown.
Through this testing, it was concluded that Officer Lindsey could be excluded from all of the clothing items of Sammy Rivera's that were tested for DNA.
Other samples are shown to Lester which came up as "mixtures of two unknown individuals," Lester says. Another sample containing a mixture of Diaz and Rivera's DNA is shown.
Through this testing, it was concluded that Officer Lindsey could be excluded from all of the clothing items of Sammy Rivera's that were tested for DNA.
Day Four: DNA profiles and hyptoheticals
Several columns of blue show that several of the samples were a match for Officer Lindsey (this being the swabs of blood and brain matter found on the car).
Prosecution asks if there was DNA from any other person in those samples of what was found on side of car. Lester says "No."
Sammy Rivera's swab taken from his ear, along with the swabs taken from the Red Bull cans found in the car were taken to find a match with Sammy Rivera's DNA profile, and no one elses.
Lester says that Rivera is the major contributor of DNA on the Red Bull can, with one other person contributing to create a "mixture,' but a very small, trace amount of DNA.
Lester then shows "mixture profiles," which are present whenever there are multiple sources of DNA on a piece of evidence. She says DNA is not difficult to transfer.
Prosecution gives a hyptothetical, asking if having sat at the prosecution table for the past few days, would Lester have found a sample of DNA at the table. Lester says it's possible. Prosecution asks if his co-attorney's DNA would mix with his at the table, hypothetically. Lester says yes.
Prosecution asks if there was DNA from any other person in those samples of what was found on side of car. Lester says "No."
Sammy Rivera's swab taken from his ear, along with the swabs taken from the Red Bull cans found in the car were taken to find a match with Sammy Rivera's DNA profile, and no one elses.
Lester says that Rivera is the major contributor of DNA on the Red Bull can, with one other person contributing to create a "mixture,' but a very small, trace amount of DNA.
Lester then shows "mixture profiles," which are present whenever there are multiple sources of DNA on a piece of evidence. She says DNA is not difficult to transfer.
Prosecution gives a hyptothetical, asking if having sat at the prosecution table for the past few days, would Lester have found a sample of DNA at the table. Lester says it's possible. Prosecution asks if his co-attorney's DNA would mix with his at the table, hypothetically. Lester says yes.
Day Four: DNA extracted from swab samples
Lester says she was able to extract DNA from the swab samples she was given if Rivera, Diaz, Diaz's son - Luis, and Flaco.
Lester is shown a copy of charts made from her report of the evidence. In her original report, they appeared in black and white, but for the sake of the court, they are colorized. Each person's DNA sample is assigned a different color, for the ease of viewing of the jury.
For the purposes of demonstration, the charts are then admitted into evidence, with no objections from the defense.
Shown to the jury as well as to the court via the large view screen, Lester points out the series of columns on the chart that represent the different locations of the DNA where uniqueness is looked for, along with columns marking the chromosomes X or Y (male or female), and the profiles Lester developed from the controls of each individual in the case.
The column containing Rivera's profile is green, Lindsey's blue, Flaco's purple.
Lester is shown a copy of charts made from her report of the evidence. In her original report, they appeared in black and white, but for the sake of the court, they are colorized. Each person's DNA sample is assigned a different color, for the ease of viewing of the jury.
For the purposes of demonstration, the charts are then admitted into evidence, with no objections from the defense.
Shown to the jury as well as to the court via the large view screen, Lester points out the series of columns on the chart that represent the different locations of the DNA where uniqueness is looked for, along with columns marking the chromosomes X or Y (male or female), and the profiles Lester developed from the controls of each individual in the case.
The column containing Rivera's profile is green, Lindsey's blue, Flaco's purple.
Day Four: Lester shown test sample swabs; had control samples to compare against
Exhibits are shown to Forensic Scientist Andrea Lester which are tissue samples. Lester says the samples were taken from the red Neon. She says, when asked, she believes they came from the driver's side of the car.
Lester is shown some more exhibits, including cuttings from the Baltimore Orioles jersey, the gray Winnie-the-Pooh sweatshirt, and the shoe that was shown to Taneka Warden yesterday.
The swab samples from the cans found in Sammy Rivera's car are also shown to Lester.
In addition to those items of evidence, Lester says they had control samples (a "known sample - they know who it's from) to compare against.
Lester is shown a blood sample of Officer Lindsey, a swab sample from Sammy Rivera, a swab from Naomi Diaz, a swab from Baby Luis, and a swab from Wesley Molina-Cirino (Flaco).
Lester is shown some more exhibits, including cuttings from the Baltimore Orioles jersey, the gray Winnie-the-Pooh sweatshirt, and the shoe that was shown to Taneka Warden yesterday.
The swab samples from the cans found in Sammy Rivera's car are also shown to Lester.
In addition to those items of evidence, Lester says they had control samples (a "known sample - they know who it's from) to compare against.
Lester is shown a blood sample of Officer Lindsey, a swab sample from Sammy Rivera, a swab from Naomi Diaz, a swab from Baby Luis, and a swab from Wesley Molina-Cirino (Flaco).
Day Four: "DNA is like a book"
Shown exhibits by the prosecution, Forensic Scientist Andrea Lester identifies them as her two reports and notes generated in this case. She is also showed a list of the chain of evidence in connection to the case.
Once she received evidence items from the secure vault, Lester says that she takes precautions such as wearing gloves, eye glasses, hairnet, and disposable lab coat in order to not mix her DNA with that of the DNA she is testing.
Lester explains DNA as "the blueprint of the body," and the translator, and then the judge ask her to slow down again.
"DNA is like a book. In that book are pages. In those pages are chapters. In those chapters are paragraphs. In looking at those "paragraphs" they're looking for a particular repeat of "words" in the paragraph," Lester says, describing her work.
Prosecution asks if DNA is the same in every cell of the body. She says yes, except red blood cells, which do not contian a nucleus, and thus, don't contain DNA.
Once she received evidence items from the secure vault, Lester says that she takes precautions such as wearing gloves, eye glasses, hairnet, and disposable lab coat in order to not mix her DNA with that of the DNA she is testing.
Lester explains DNA as "the blueprint of the body," and the translator, and then the judge ask her to slow down again.
"DNA is like a book. In that book are pages. In those pages are chapters. In those chapters are paragraphs. In looking at those "paragraphs" they're looking for a particular repeat of "words" in the paragraph," Lester says, describing her work.
Prosecution asks if DNA is the same in every cell of the body. She says yes, except red blood cells, which do not contian a nucleus, and thus, don't contain DNA.
Day Four: Forensics Scientist Andrea Lester is called to the stand
Andrea Lester is called to the stand. Lester is currently employed by the NYS Police Forensics Investigation Center as a Forensic Scientist for the past 8 years.
Flaco's translator asks her to slow down for translation. Her background in DNA profiles, analyzation, etc, is laid out by the prosecution. She says has testified in at least 15 court cases across New York State for her expertise in DNA.
Lester explains how materials submitted as evidence are locked in a secure vault that can only be given to the scientists by an evidence technician, and only when the scientist has the proper identification and credentials.
Lester says she was involved in testing of evidence in regards to the shooting death of Officer Lindsey. She tells the court that it was her job to pull DNA from evidence items submitted to her.
Flaco's translator asks her to slow down for translation. Her background in DNA profiles, analyzation, etc, is laid out by the prosecution. She says has testified in at least 15 court cases across New York State for her expertise in DNA.
Lester explains how materials submitted as evidence are locked in a secure vault that can only be given to the scientists by an evidence technician, and only when the scientist has the proper identification and credentials.
Lester says she was involved in testing of evidence in regards to the shooting death of Officer Lindsey. She tells the court that it was her job to pull DNA from evidence items submitted to her.
Day Four: Jose and Flaco, distant cousins
Jose says he saw Flaco at Jose's uncle's house in the parking lot, describes him as a distant cousin, and says that they started hanging around together.
Defense asks if Jose knew Flaco had outstanding warrants out. Jose can't remember but says he thinks he recalls Flaco saying something about it at some point.
Defense asks if Jose knew Flaco had outstanding warrants out. Jose can't remember but says he thinks he recalls Flaco saying something about it at some point.
Day Four: Jose describes Indio
Jose is asked if he then went to a Brenda Gonzales' house. Jose says yes. Defense asks if he gave Brenda some clothes to wash. Jose says he can't remember, and when asked by defense if he specifically gave her a blue sweatshirt, Jose says "no," through his translator, that he didn't give Brenda anything.
Brenda is the wife of Mario, mentioned earlier in testimony. Brenda and Mario live on Howard Ave, Jose says. Defense asks if Flaco and Jose went to Brenda and Mario's looking for a ride, but Jose says once again that he can't remember.
Defense asks if Jose say Indio on April 12th. He says that he can't remember. Defense asks what Indio looks like. Jose describes him as dark, short, a little skinnier than Jose.
Brenda is the wife of Mario, mentioned earlier in testimony. Brenda and Mario live on Howard Ave, Jose says. Defense asks if Flaco and Jose went to Brenda and Mario's looking for a ride, but Jose says once again that he can't remember.
Defense asks if Jose say Indio on April 12th. He says that he can't remember. Defense asks what Indio looks like. Jose describes him as dark, short, a little skinnier than Jose.
Day Four: Jose at Wanda's House
Jose says he did not leave with Sammy Rivera, but went back into Wanda's house. Defense asks if Jose rememebrs who else was there when he spoke with Sammy. Jose says he thinks it was NayNay, Wesley, and someone named Julito(sp?)
Defense asks how long Jose thinks Sammy was outside in the red Neon. Jose says a couple of minutes, and then he went back into the house.
Defense asks if Jose has any idea what time on April 12 Sammy was at Wanda's house. Jose says no. Defense mentions that Jose's flight was supposed to be 7 or 7:30, and that Jose was to drive back from Syracuse, then went to Alacron's, then over to Wanda's house, and it was after Jose went to Wanda's that Sammy came over in the Neon.
Jose Cirino says that "after a while, he got there, yes."
Defense asks if the flight he took back to Puerto Rico was a few days after April 12th. Jose says he can't remember, but thinks so. Defense asks what airport Jose left from. Jose says Syracuse, and that he got there. Jose says La Bedusca took him. He admits not knowing the girl very well.
Jose says he belives it was Flaco who called La Bedusca to give Jose a ride to the airport.
Defense asks how long Jose thinks Sammy was outside in the red Neon. Jose says a couple of minutes, and then he went back into the house.
Defense asks if Jose has any idea what time on April 12 Sammy was at Wanda's house. Jose says no. Defense mentions that Jose's flight was supposed to be 7 or 7:30, and that Jose was to drive back from Syracuse, then went to Alacron's, then over to Wanda's house, and it was after Jose went to Wanda's that Sammy came over in the Neon.
Jose Cirino says that "after a while, he got there, yes."
Defense asks if the flight he took back to Puerto Rico was a few days after April 12th. Jose says he can't remember, but thinks so. Defense asks what airport Jose left from. Jose says Syracuse, and that he got there. Jose says La Bedusca took him. He admits not knowing the girl very well.
Jose says he belives it was Flaco who called La Bedusca to give Jose a ride to the airport.
Day Four:Jose "can't remember"
Jose Cirino is cross-examined by the defense and asked if he remembers ever telling police that after going to 1309 Neilson Street that he and Flaco played video games for the next few hours. Jose says he "can't remember."
Defense asks if he remembers talking to a Spanish-speaking member of the UPD, giving a statement. Jose says yes. Defense asks if when coming back to Utica from Puerto Rico and while talking to officers, if he went to his cousin, Alacron's first. Jose says yes.
Defense asks again if he remembers telling officers that he was playing playstation with Flaco. Jose says he can't remember, but belives he told the officer that he and Flaco were playing what Jose's translator says is "San Andrea Liberty City Stories."
Defense then asks if Jose said Sammy came to Wanda's house on April 12 while he and Flaco played video games. Jose says he didn't hear the question well. His translator says it again.
"Did Sammy Rivera come to 1309 Neilson Street on April 12th?" Defense asks. Jose says that when he walked outside of Wanda's house he saw Sammy Rivera outside in his car, with a child in the car, and that the child was awake.
Jose says he waved to the baby, and had a conversation with a baby. Defense asks if it was about getting something to eat.
Defense asks if he remembers talking to a Spanish-speaking member of the UPD, giving a statement. Jose says yes. Defense asks if when coming back to Utica from Puerto Rico and while talking to officers, if he went to his cousin, Alacron's first. Jose says yes.
Defense asks again if he remembers telling officers that he was playing playstation with Flaco. Jose says he can't remember, but belives he told the officer that he and Flaco were playing what Jose's translator says is "San Andrea Liberty City Stories."
Defense then asks if Jose said Sammy came to Wanda's house on April 12 while he and Flaco played video games. Jose says he didn't hear the question well. His translator says it again.
"Did Sammy Rivera come to 1309 Neilson Street on April 12th?" Defense asks. Jose says that when he walked outside of Wanda's house he saw Sammy Rivera outside in his car, with a child in the car, and that the child was awake.
Jose says he waved to the baby, and had a conversation with a baby. Defense asks if it was about getting something to eat.
Day Four: Jose Cirino fingers Flaco as shooter
Jose fingers Wesley Molina-Cirino (Flaco) as the shooter of Officer Lindsey.
When asked by prosecution, he says he had nothing to do with the shooting.
When asked by prosecution, he says he had nothing to do with the shooting.
Day Four: Jose spoke to officers in U.S. and Puerto Rico
Joleen is preparing for her live shot for the Noon news, so I have resumed blogging.
Jose Cirino is now talking about going to the airport, being brought their by "La Budusca" and going to Puerto Rico. It was while in Puerto Rico that Jose Cirino was talked to by police officers about the death of a police officer in Utica.
Jose says he told them whatever information he had.
Jose says that he came back to the United States because he says police told him he HAD to come back. He DOES say, however, that he came of his own free will, returning to the country with his mother.
He then talked to police officers further about the death of Officer Lindsey and what he knew.
Jose then went back to Puerto Rico after talking with officers, and then again returned to the U.S. at the request of the officers who brought him before. This other time, referring to him currently being in the U.S. was for the sole purpose to testify in this trial.
Jose Cirino is now talking about going to the airport, being brought their by "La Budusca" and going to Puerto Rico. It was while in Puerto Rico that Jose Cirino was talked to by police officers about the death of a police officer in Utica.
Jose says he told them whatever information he had.
Jose says that he came back to the United States because he says police told him he HAD to come back. He DOES say, however, that he came of his own free will, returning to the country with his mother.
He then talked to police officers further about the death of Officer Lindsey and what he knew.
Jose then went back to Puerto Rico after talking with officers, and then again returned to the U.S. at the request of the officers who brought him before. This other time, referring to him currently being in the U.S. was for the sole purpose to testify in this trial.
Day Four: Jose Cirino Gets High
Jose Cirino went to the store from Wanda's house. The police stopped him and asked him for identification and he proceeded to the store. After the store, Jose Cirino went with a friend, "la Badusca' to her house. He'd purchased a cigar to use to smoke marijuana. Cirino and 'la Badusca' went to Wanda's house. "la Badusca" waited outside in the car. Cirino and "la Badusca" went to smoke in the parking lot of her house. Can't remember if the defendant was at the house.
Day Four:Jose Cirino Misses His Flight
Jose Cirino was scheduled to leave the U.S. to return to Puerto Rico April 12th, 2007--the day Officer Lindsey was killed. He left for the airport around 5:30. His flight was scheduled to leave around 7:30 from Kennedy airport ...but Cirino went to Syracuse airport. He realized he was in the wrong airport once he and an airport employee looked at his ticket. He went to his uncle Francisco's house. It was around sunset when he got there.
Jose Cirino's mother is going to arrange for another flight. Jose Cirino leaves his uncle's house and goes to the Neilson Street home of a woman named Wanda. He walks there, alone. He can't remember when he got there but says Wanda, Julio and Wesley were there but doesn't know the last name of Wesley but says Wesley is a relative of Wanda. While at Wanda's, Jose Cirino played Playstation.
Jose Cirino admits smoking marijuana since age 12. He says he smokes daily, 'any time I can'. He smoked on April 12, 2007. Jose Cirino learned there were police officers outside the Neilson Street home when Wesley told him they were there. They were in the living room at the time. Cirino says Wesley entered the door from outside and told him police were outside. Jose Cirino learned a police officer was shot when Wesley told him--when Wesley came inside. Jose Cirino says he made no observations about Wesley's demeanor when he told him this information. Jose Cirino went to the window and saw the officers, then continued playing video games. Cirino went outside the house to smoke a cigarette.
Jose Cirino's mother is going to arrange for another flight. Jose Cirino leaves his uncle's house and goes to the Neilson Street home of a woman named Wanda. He walks there, alone. He can't remember when he got there but says Wanda, Julio and Wesley were there but doesn't know the last name of Wesley but says Wesley is a relative of Wanda. While at Wanda's, Jose Cirino played Playstation.
Jose Cirino admits smoking marijuana since age 12. He says he smokes daily, 'any time I can'. He smoked on April 12, 2007. Jose Cirino learned there were police officers outside the Neilson Street home when Wesley told him they were there. They were in the living room at the time. Cirino says Wesley entered the door from outside and told him police were outside. Jose Cirino learned a police officer was shot when Wesley told him--when Wesley came inside. Jose Cirino says he made no observations about Wesley's demeanor when he told him this information. Jose Cirino went to the window and saw the officers, then continued playing video games. Cirino went outside the house to smoke a cigarette.
Day Four: Jose Cirino is in the Courtroom
Jose Cirino makes his way to the witness stand. There was an audible buzz in the courtroom when the prosecution announced him as the next witness, as a prior witness--a Syracuse jail inmate--said that defendant Wesley Molina Cirino told him in the jail that his 18-year-old cousin, Jose Cirino, had killed Officer Lindsey. A Spanish translator is with Cirino at the witness stand. Cirino says he lives in Puerto Rico with his parents. Cirino says his street name is Mahone. Cirino came to the Utica after visiting family in Rhode Island. He came to Utica to visit his uncle, Francisco Cirino. He was asked to leave his uncle's house following an argument/misunderstanding with him. He went to stay with a cousin, Mario Cirino.
Cirino acknowledges knowing defendant Wesley Molina Cirino. He says they're distantly related and knows him as, "Flaco". He didn't know "Flaco" was in the U.S. until he arrived in the states. He began to hang around with "Flaco". He says he met Sammy Rivera at his uncle's house and became friends with him. He stayed at Sammy's house for a while. He saw "Flaco" while staying at Rivera's house but doesn't remember if he ever stayed the night. Cirino decided to leave the U.S. around April of 2007 because he had no where else to stay. He had no money ; never finished high school.
Cirino acknowledges knowing defendant Wesley Molina Cirino. He says they're distantly related and knows him as, "Flaco". He didn't know "Flaco" was in the U.S. until he arrived in the states. He began to hang around with "Flaco". He says he met Sammy Rivera at his uncle's house and became friends with him. He stayed at Sammy's house for a while. He saw "Flaco" while staying at Rivera's house but doesn't remember if he ever stayed the night. Cirino decided to leave the U.S. around April of 2007 because he had no where else to stay. He had no money ; never finished high school.
Day Four: "He's on his way"
Prosecution returns and tells the Judge Jose Cirino is on his way, quipping "He must've gotten lost in the tunnels."
Donalty is now standing behind his chair, and decides to call for a recess.
I'm going to let Joleen have a try at blogging for this next witness after the recess.
Donalty is now standing behind his chair, and decides to call for a recess.
I'm going to let Joleen have a try at blogging for this next witness after the recess.
Day Four: Cirino "on the way?"
Judge Donalty asks about the witness. Prosecution says "I'll call, your honor, but it was my understanding he was on the way."
Day Four: Approaching the bench
Defense and prosecution has now approached the bench, and everyone continues to look at each other as Jose Cirino, after being called, as not arrived.
Day Four: Jose Cirino still a no-show
Jose Cirino still is a noshow. Everyone looks at each other. One of the prosecutors uses their legal pad as a fan, looking frustrated.
Day Four: Jose Cirino to take the stand
Jose Cirino takes the stand. We have heard Jose's name brought up by both inmate Jerry Scott, and Sammy Rivera in past testimony. A trannlator (seperate from Flaco's translator) is used for Jose Cirino.
The courtroom is quiet for a few moments as it awaits Jose Cirino, and he doesn't yet show.
The courtroom is quiet for a few moments as it awaits Jose Cirino, and he doesn't yet show.
Day Four: Cross-Examining Inmate Jerry Scott
Jerry Scott says he met with police twice, but called dozens of times. Defense asks if he was keeping close track of things via the TV of what's going on television.
Scott says no, that the things he was told about the case came from Flaco. Defense asks if he can speak Spanish. He says no. She asks if the words told to him by Flaco were told in fluent English. Scott says it was not as clearly as the defense and he are talking, but it was so that he could understand.
Defense asks if he called attorneys in Utica because he "was a good citizen." He says "yes," but points out it is also to help himself out.
Defense asks if everything he says today came strictly from conversations between himself and Wesley Molina-Cirino. Scott says that about 5 times Cirino said "his cousin, Jose, did it."
Defense asks if it was from what Scott heard that he made the assumption Flaco did it. Scott says yes.
Scott says no, that the things he was told about the case came from Flaco. Defense asks if he can speak Spanish. He says no. She asks if the words told to him by Flaco were told in fluent English. Scott says it was not as clearly as the defense and he are talking, but it was so that he could understand.
Defense asks if he called attorneys in Utica because he "was a good citizen." He says "yes," but points out it is also to help himself out.
Defense asks if everything he says today came strictly from conversations between himself and Wesley Molina-Cirino. Scott says that about 5 times Cirino said "his cousin, Jose, did it."
Defense asks if it was from what Scott heard that he made the assumption Flaco did it. Scott says yes.
Day Four: Inmate points out Flaco as person he met in prison
Inmate Jerry Scott points out Wesley Molina-Cirino to the court, noting he is the same person he hsa been referring to in his recollections while in prison.
Day Four: Flaco said "he didn't need luck"; inmate talks for deal and because family was police
When inmate Jerry Scott told Flaco "good luck," before Flaco was brought from the Syracuse area to Utica, Scott says Flaco told him: "I don't need luck. They ain't got nothin'."
After a while, Scott says he thought maybe if Flaco was talking, that maybe he could get out to see his son, and that is why he talked to police. He says another reason was because his uncle was a cop, and he wanted to be a cop. The judge sustains after Defense objects to the last statement about Scott wanting to be a cop.
After a while, Scott says he thought maybe if Flaco was talking, that maybe he could get out to see his son, and that is why he talked to police. He says another reason was because his uncle was a cop, and he wanted to be a cop. The judge sustains after Defense objects to the last statement about Scott wanting to be a cop.
Day Four: "Flaco said gun was a .44"; said "They can't prove it."
As they played Dominos, inmate Jerry Scott says that he asked Flaco what kind of gun it was. He says Flaco told him it was a ".44"
In regards to the traffic stop being made, Flaco told Scott that the man who was stopped was his cousin. He then changed his story and said it was "a friend," and that there was a baby in the car.
Scott said that if Rivera ever came home, "he was gonna get it." Scott says Flaco told him Jose Cirino drove Flaco to North Utica to get rid of the gun in the water. Scott says from the details that Flaco had told him, that he "got the feeling" Flaco had done it. When he asked Flaco if he was worried, Scott says Flaco told him:
"F#@k them. They can't prove it. They ain't got no weapon. There's nothing they can do."
Scott said Flaco said there was a "hit" out on Sammy Rivera and his "brothers," as Flaco thought Rivera was talking to police about the case.
In regards to the traffic stop being made, Flaco told Scott that the man who was stopped was his cousin. He then changed his story and said it was "a friend," and that there was a baby in the car.
Scott said that if Rivera ever came home, "he was gonna get it." Scott says Flaco told him Jose Cirino drove Flaco to North Utica to get rid of the gun in the water. Scott says from the details that Flaco had told him, that he "got the feeling" Flaco had done it. When he asked Flaco if he was worried, Scott says Flaco told him:
"F#@k them. They can't prove it. They ain't got no weapon. There's nothing they can do."
Scott said Flaco said there was a "hit" out on Sammy Rivera and his "brothers," as Flaco thought Rivera was talking to police about the case.
Day Four: "The gun is in the lake behind Denny's"
Scott says that while in prison, as Flaco told him details of how Officer Lindsey was shot, Scott asked Flaco where the murder weapon was.
Scott says Flaco said "In the lake behind Denny's."
Scott then contacted a lawyer to get him in touch with the Oneida County District Attorney's Officer. Scott says he talked to police, and then, in prison, continued to get information from Flaco whenever the case would come on the news, or when they'd play dominos.
Scott says Flaco said "In the lake behind Denny's."
Scott then contacted a lawyer to get him in touch with the Oneida County District Attorney's Officer. Scott says he talked to police, and then, in prison, continued to get information from Flaco whenever the case would come on the news, or when they'd play dominos.
Day Four: Inmate says Cirino told him "how they did it"
Inmate Jerry Scott says that while cutting Cirino's hair in jail, that Cirino would run to the TV whenever news of the case came on, and talk about it.
Scott says he would ask some questions, but didn't believe Cirino at first. Scott says Cirino then gave him details. Scott says Cirino said Jose, Cirino's 18 year old cousin, snuck out of the car while the officer stopped the car on Neilson.
Scott says Cirino said when the Officer walked back to the car, they walked up and shot him. When Scott asked Cirino why they shot a cop. Cirino just told him "Cuz he did something," but wouldn't elaborate to Scott.
Scott says he would ask some questions, but didn't believe Cirino at first. Scott says Cirino then gave him details. Scott says Cirino said Jose, Cirino's 18 year old cousin, snuck out of the car while the officer stopped the car on Neilson.
Scott says Cirino said when the Officer walked back to the car, they walked up and shot him. When Scott asked Cirino why they shot a cop. Cirino just told him "Cuz he did something," but wouldn't elaborate to Scott.
Day Four: Inmate Jerry Scott watched news of Lindsey in jail with Cirino
Jerry Scott is called to the stand. He is also an inmate, wearing a beige jumpsuit. Scott is 38 years old, currently incarcerated at Onondoga County Justice Center for robbery, burglaries, and larcenies. He says none of those charges have been disposed of.
He was in the Onondoga County Justice Center in Syracuse in April 2007. Scott says he met Cirino there on April 20, 2007. Scott says he cut the inmates' hair.
Scott says there is a TV that was on that weekend, which he was watching while cutting hair, and saw that an officer had been shot in Utica, New York, and a man named Sammy Rivera being in jail, and another suspect in Puerto Rico being questioned.
As that happened, Scott says Flaco stood up and shouted "That's my cousin! We have the same last name."
He was in the Onondoga County Justice Center in Syracuse in April 2007. Scott says he met Cirino there on April 20, 2007. Scott says he cut the inmates' hair.
Scott says there is a TV that was on that weekend, which he was watching while cutting hair, and saw that an officer had been shot in Utica, New York, and a man named Sammy Rivera being in jail, and another suspect in Puerto Rico being questioned.
As that happened, Scott says Flaco stood up and shouted "That's my cousin! We have the same last name."
Day Four: Inmate Dennis Rodgers cross-examined, reiterates Flaco's words "I killed that motherf$%#er"
Defense asks if Dennis Rodgers had a violent felony on his record previous to these drug charges. Rodgers says that he got 3 years supervision, and 3 years in state prison by pleading guilty.
Defense asks if police came to see him on June 20, 2007, before he pleaded guilty. Rodgers says no, and asks if he knows who Investigator Kopec came to seem him. Rodgers says "it was a year ago," and doesn't remember. He says he doesn't remember talking to police in county jail.
While in jail, Rodgers says he did see that Officer Lindsey had been killed from watching the news.
Defense asks how many times Rodgers came into contact with Flaco. Defense wants to know if Flaco was spoken English when Rodgers overheard conversations. Rodgers says he deosn't speak Spanish, but that Flaco was speaking in a broken-English mixed with Spanish.
Rodgers says he was able to make out conversation from Flaco. Rodgers reiterates that he heard Flaco say "I had to kill somebody, so I killed that motherf$%#er."
Defense asks if police came to see him on June 20, 2007, before he pleaded guilty. Rodgers says no, and asks if he knows who Investigator Kopec came to seem him. Rodgers says "it was a year ago," and doesn't remember. He says he doesn't remember talking to police in county jail.
While in jail, Rodgers says he did see that Officer Lindsey had been killed from watching the news.
Defense asks how many times Rodgers came into contact with Flaco. Defense wants to know if Flaco was spoken English when Rodgers overheard conversations. Rodgers says he deosn't speak Spanish, but that Flaco was speaking in a broken-English mixed with Spanish.
Rodgers says he was able to make out conversation from Flaco. Rodgers reiterates that he heard Flaco say "I had to kill somebody, so I killed that motherf$%#er."
Day Four: In prison transport, Flaco said "They ain't got S#@t on me."
Dennis Rodgers, an inmate at Oneida State Prison says he was coming to court for felony charges, when he recognized Flaco in the transport van. Rodgers says Flaco began talking in the van to another Spanish man. Rodgers was able to hear the conversation.
He said Flaco said "They ain't got S#@t on me."
Rodgers said he did not receive any deal for testifying, other than a recommendation for work release. He is not on work release at this time, hwoever.
He said Flaco said "They ain't got S#@t on me."
Rodgers said he did not receive any deal for testifying, other than a recommendation for work release. He is not on work release at this time, hwoever.
Day Four: Inmate testifies Flaco said he meant to kill Sammy, but didn't due to the baby
A man in a green jumpsuit, handcuffs and shackles is brought into court. A bailiff unlocks the handcuffs, but leaves the feet shackles on.
The man's name is Dennis Rodgers, he is 26 years old, and is being held at Oneida State Prison for felony drug charges he was arrested on March 2007. He is serving 3 1/2 years in prison for those charges.
He was incarcerated at Oneida County Jail at one point, where he at some timebecame familiar With Wesley Molina-Cirino (Flaco). While in the medical ward for a thumb injury in June, he came across some other inmates, who were having a conversation. He overheard a conversation between Flaco and another Spanish guy...speaking in broken english. Rodgers says he was able to understand the conversation.
He says he overheard Flaco say he was really going to kill Sammy, but didn't because there was a baby in the car, so shot Officer Lindsey instead. He said Flaco said he "just had to kill somebody."
The man's name is Dennis Rodgers, he is 26 years old, and is being held at Oneida State Prison for felony drug charges he was arrested on March 2007. He is serving 3 1/2 years in prison for those charges.
He was incarcerated at Oneida County Jail at one point, where he at some timebecame familiar With Wesley Molina-Cirino (Flaco). While in the medical ward for a thumb injury in June, he came across some other inmates, who were having a conversation. He overheard a conversation between Flaco and another Spanish guy...speaking in broken english. Rodgers says he was able to understand the conversation.
He says he overheard Flaco say he was really going to kill Sammy, but didn't because there was a baby in the car, so shot Officer Lindsey instead. He said Flaco said he "just had to kill somebody."
Day Four: Maldanado cross-examined
Defense asks about the interview. She asks if they asked a specific question and got a specific answer. Officer says yes. Defense wants to know if there's any record in question and answer form asked between him and Wesley. Officer Maldanado says no, that it was just taken down in paragraph form by Investigator White.
Day Four: Flaco's statement to police
Officer Maldanado says that Flaco's understanding of English was "very limited."
While interviewed by UPD, Officer Maldanado says that he knew Flaco was wanted on warrants out of Syracuse. The officer is asked by prosecution to if the person interviewed is in the room. Officer says yes, and points to Cirino.
The officer is then asked to read from the statement.
In Flaco's statement, he said (paraphrased):
"On April 17, I was brought to UPD because of a warrant for my arrest. I met with investigator White. I dont' know English well. So officer Maldanado translated."
"On April 12, I awoke at 2 or 3 in afternoon, showered, got dressed and waited for my brother to come home from work. We then ate dinner. I went to Howard Ave to visit my cousin, Francisco Cirino."
"At about 8 p.m. Sammy came to my house with his son. Sammy stayed for half an hour. I told Sammy I was gonna turn myself in because of some warrants. Sammy said things were good with his wife and kids. We shook hands and left. I got a ride home from my brother, then showered and went to bed."
"Next day I read the newspaper and saw the officer was shot. I went to get my haircut on Saturday, and then I was told Sammy was locked up for what happened to the cop. I was going to the Domenican store at Seymour and Arthur. I met up with a guy I know as "Indio," Sammy's uncle."
"Indio said Sammy, Indio and another guy named Rico were on Neilson Street that night and were going to kill someone. They stole a car they left behind and got into Sammy's car. Sammy parked on Neilson Street that night and the officer then parked behind Sammy's car."
"Rico came up behind officer and shot him in the head. Rico is a short, and chubby Hispanic male with braids in his hair."
"I continued to the store for a loaf of bread."
While interviewed by UPD, Officer Maldanado says that he knew Flaco was wanted on warrants out of Syracuse. The officer is asked by prosecution to if the person interviewed is in the room. Officer says yes, and points to Cirino.
The officer is then asked to read from the statement.
In Flaco's statement, he said (paraphrased):
"On April 17, I was brought to UPD because of a warrant for my arrest. I met with investigator White. I dont' know English well. So officer Maldanado translated."
"On April 12, I awoke at 2 or 3 in afternoon, showered, got dressed and waited for my brother to come home from work. We then ate dinner. I went to Howard Ave to visit my cousin, Francisco Cirino."
"At about 8 p.m. Sammy came to my house with his son. Sammy stayed for half an hour. I told Sammy I was gonna turn myself in because of some warrants. Sammy said things were good with his wife and kids. We shook hands and left. I got a ride home from my brother, then showered and went to bed."
"Next day I read the newspaper and saw the officer was shot. I went to get my haircut on Saturday, and then I was told Sammy was locked up for what happened to the cop. I was going to the Domenican store at Seymour and Arthur. I met up with a guy I know as "Indio," Sammy's uncle."
"Indio said Sammy, Indio and another guy named Rico were on Neilson Street that night and were going to kill someone. They stole a car they left behind and got into Sammy's car. Sammy parked on Neilson Street that night and the officer then parked behind Sammy's car."
"Rico came up behind officer and shot him in the head. Rico is a short, and chubby Hispanic male with braids in his hair."
"I continued to the store for a loaf of bread."
Day Four: Flaco signed, understood statement; treated as witness, not a suspect
Officer Maldanado advised Flaco that if he gave a false statement, that he could be arrested. The officer says Flaco reviewed the final draft of the statement and then indicated that everything he told was the truth. The officer then asked Flaco to initial the deposition at the beginning and end, which he did.
The officer says that during the drafting of the statement, Flaco never said he wanted a lawyer or said that he didn't want to talk. During this time, the officer says, Flaco was never a suspect in the case.
The officer says that at this time, Flaco was treated as a witness, not as a suspect, and was told that.
The officer says that during the drafting of the statement, Flaco never said he wanted a lawyer or said that he didn't want to talk. During this time, the officer says, Flaco was never a suspect in the case.
The officer says that at this time, Flaco was treated as a witness, not as a suspect, and was told that.
Day Four: Corrections made to Flaco's translated deposition, then printed
The interview began with Flaco telling how his day started. As a writte deposition was taken, Investigator White typed everytihng in the computer as the Officer and Flaco spoke back and forth.
As Maldanado would translate to English, Investigator White would write down the answers to create the statement, which was then printed up. The Investigator then handed it to Officer Maldanado, who asked Flaco if anything in the statement needed to be changed, or if it was correct.
Officer Maldanado read the deposition line by line to Flaco to make sure it was correct. The officer says Flaco made some minor corrections and a new copy drafted.
The statement in question is then shown to the officer.
As Maldanado would translate to English, Investigator White would write down the answers to create the statement, which was then printed up. The Investigator then handed it to Officer Maldanado, who asked Flaco if anything in the statement needed to be changed, or if it was correct.
Officer Maldanado read the deposition line by line to Flaco to make sure it was correct. The officer says Flaco made some minor corrections and a new copy drafted.
The statement in question is then shown to the officer.
Day Four: Flaco interviewed in Spanish; "would tell everything he knew"
Officer Maldanado, Investigator White, and Molina-Cirino sat down at UPD for an interview in Spanish. The officer told Flaco he was speaking to him because they thought Flaco might know something about Officer Lindsey being killed.
The officer says that Flaco agreed to talk. The Officer says the tow fo them understood each other fine in Spanish. Investigator White would ask the question, and Maldanado would translate to Flaco in Spanish. Flaco would answer in Spanish and the officer would translate for Investigator White.
The officer says that Flaco never indicated that he wanted to stop answering questions at any time. Maldanado says that the interview was oral and that nothing was written down at the time.
Flaco told the officer he "didn't know anything, but would tell everything he knew."
The officer says that Flaco agreed to talk. The Officer says the tow fo them understood each other fine in Spanish. Investigator White would ask the question, and Maldanado would translate to Flaco in Spanish. Flaco would answer in Spanish and the officer would translate for Investigator White.
The officer says that Flaco never indicated that he wanted to stop answering questions at any time. Maldanado says that the interview was oral and that nothing was written down at the time.
Flaco told the officer he "didn't know anything, but would tell everything he knew."
Day Four: Officer translated for Flaco at UPD
Maldanado was mandated to respond to UPD where he would be needed to interpret for a person who needed to be translated in CID. There, he met with Investigator White. Upon arriving, he learned that he woul dneed to translate for Wesley Molina-Cirino.
Day Four: Officer Raymond Maldonado takes the stand; fluent in Spanish
Officer Raymond Maldonado has taken the stand to testify. He is a patrol officer who speaks Spanish, employed by the UPD. He says he learned to speak Spanish when he was a child and other family members of his speak Spanish. He says his grandparents from Puerto Rico barely spoke English, and so, living with them, he was immersed in the language.
Maldonado says that he has often spoke Spanish in his work at the UPD and has provided translating services to Spanish speaking witnesses, victims, etc, in his work with UPD. His foundation and background with the Spanish language is then laid out for the court.
Maldonado says that he has often spoke Spanish in his work at the UPD and has provided translating services to Spanish speaking witnesses, victims, etc, in his work with UPD. His foundation and background with the Spanish language is then laid out for the court.
Day Four: Court begins; approaching the bench
Judge Barry Donalty has arrived as has the jury, and court has begun. The prosecution has asked to approach the bench.
Day Four: Flaco brought into court
Flaco has arrived in the court room, wearing the blue shirt, but with a new tie than from previous days.
Day Four: Awaiting judge and jury...
Just about 9:20 a.m. The prosecution and defense attorneys have arrived, as has Flaco's translator. Judge Donalty has left the bench and the jury has not yet been brought out.
Donalty has had a knack for things starting exactly when he said he would, so it seems likely that we'll be starting very soon.
Donalty has had a knack for things starting exactly when he said he would, so it seems likely that we'll be starting very soon.
Day Four: Officers and family take their seats
The UPD officers have made their way into the courtroom and are taking their seats. Flaco's translator has also arrived. Chief Pylman stands to the back, greeting the officers who come in with a nod or a handshake and pointing any who haven't been here yet as to where they should sit.
Lindsey's family and Lisa, Lindsey's girlfriend at the time has also arrived and taken their seats.
Lindsey's family and Lisa, Lindsey's girlfriend at the time has also arrived and taken their seats.
Day Four: Court to begin soon...
Judge Barry Donalty is running through his court calendar for the morning before he gets to Day Four of the Wesley Molina-Cirino trial.
The hallway outside Donalty's courtroom is filled with uniformed UPD officers, including Chief C. Allen Pylman.
Court should begin shortly. We are expected to hear from more DNA and Forensics experts this morning.
The hallway outside Donalty's courtroom is filled with uniformed UPD officers, including Chief C. Allen Pylman.
Court should begin shortly. We are expected to hear from more DNA and Forensics experts this morning.
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