Rebecca Wittmann, defense attorney for Flaco, is now making her opening statements.
She was also the defense attorney for Toussaint Davis in the murder trial of New Hartford Officer Joseph Corr last year.
She is thanking the jury for listening to proseuction in what is a "complicated" case. She says that if she is not speaking to her client, it does not mean she doesnt' want to, it is to not distract the translator.
"I don't have to prove anything, I don't even have to speak right now," Wittman says.
She starts with what WON'T be disputed:
*Lindsey was tragically shot during traffic stop in Utica
*But for that traffic stop, he would be here today
*That Lindsey died from a gunshot wound to the head. "As far as i'm concerned, we could be rid of all the medical testimony," Wittman said.
*That he died in the course of trying to keeping the streets of Utica safe
Wittman says the people NEED to present all that evidence, because if the jurors are horrified enough by what happened, she said, that if they feel enough sympathy for what happened, that if they can make Flaco seem a "Diabolical, killer," that the prosecution's case "can't hold up to a jury."
She says "clearly, this was no accident."
One officer, overwhelmed with emotion, just left the room.
Wittman says there was a small window of time for this incident to have taken place with Flaco as the shooter...that the window is so small that it could not have been "a planned execution."
Tuesday, March 11, 2008
Day One: Prosecution: "This is not Law and Order; not CSI"
Prosecution continues to make its opening remarks...
She says that after giving someone a ride home after work, Rivera drove to a residence looking for a friend named "Spider." When he couldn't find him, she says, Rivera went to buy marijuana.
This puts the time around 9 p.m., with Rivera travelling to Nielson street, she says. She says Rivera will tell the jury that he rolled through a stop sign near Eagle Street, and that is when Lindsey pulled him over by Eagle and Mortimer Streets.
She says that Lindsey's police car was directly behind Rivera's Neon around 9:16 p.m., when Lindsey walked to the Neon and asked Rivera for his license and registration. She says Rivera told him he had no license, but handed over registration and insurance. At the time, she says, Rivera gave Lindsey the name of his brother - Ishmael Rivera - who lives no where near here.
She says that he did this because Rivera says he was afraid there was a warrant out for his arrest. As Lindsey checked the name, then went back to the car, Lindsey told Rivera that Ishmael had a warrant out for him for an open container. As a result, she says, Lindsey said he would have to take Rivera back to the station to pay the $100 fine or be locked up. She says that Rivera then made several attempts to call his girlfriend who was at church, to tell her of the situation. Naomi did not have a cell phone, however. Lindsey then called Michelle Augusta, who was at the church service with Naomi.
Lindsey tells Rivera he'll "help him out," and will follow him to church where he can drop off the baby in the car to Naomi, and then come with him to the station. She says that as this conversation takes place, Rivera will say he sees Lindsey flinch, look to his right and then three shots.
She says Rivera than sees Lindsey's body fall and hit the door panel of the car. Immediately afterwards, she says, Rivera will say he saw a dark skinned male standing nearby, with a gun, pointing it at Sammy Rivera.
She says "the man pointing the gun at Rivera is THIS defendant - Wesley Molina Cirino." She says Rivera says he then put his head down and drove off, with no words spoken.
She says Rivera will say he then drove away and straight to the church where he got Naomi Diaz, so nervous that he forgot baby Luis was asleep in the car.
It was while the car was at the church that an Officer on the way to the Nielson Street scene spotted the Neon and then turned around for it, she says.
She says that when police questioned Flaco on this shooting, he was in on an outstanding warrant in Onondoga County.
She says while waiting for a resolution to his charges in Onondoga County, Flaco reached out to the D.A.'s office in that county, Flaco tried to make a deal for his charges there by saying he could offer information on Lindsey's shooting back here.
So, he then sat down with nvestigators in Onondoga and Oneida County investigators to share the information he had on the shooting, which she says were video and audio taped, which the jurors will hear.
She says there will NOT be a lot of forensic evidence. "This isn't law and order, this isnt' CSI, this is reality." She says there are no fingerprints, no DNA, and no murder weapon.
"Realistically, ladies and gentleman," she says. "criminal cases are often solved by old fashioned police work. this case is based on testimony."
She says that testimony will put Flaco 1 1/2 blocks from the shooting, as well as inmates from Onondoga Justice Center and Oneida County Jail, and things he said while there, regarding Officer Lindsey's Death.
She says that after giving someone a ride home after work, Rivera drove to a residence looking for a friend named "Spider." When he couldn't find him, she says, Rivera went to buy marijuana.
This puts the time around 9 p.m., with Rivera travelling to Nielson street, she says. She says Rivera will tell the jury that he rolled through a stop sign near Eagle Street, and that is when Lindsey pulled him over by Eagle and Mortimer Streets.
She says that Lindsey's police car was directly behind Rivera's Neon around 9:16 p.m., when Lindsey walked to the Neon and asked Rivera for his license and registration. She says Rivera told him he had no license, but handed over registration and insurance. At the time, she says, Rivera gave Lindsey the name of his brother - Ishmael Rivera - who lives no where near here.
She says that he did this because Rivera says he was afraid there was a warrant out for his arrest. As Lindsey checked the name, then went back to the car, Lindsey told Rivera that Ishmael had a warrant out for him for an open container. As a result, she says, Lindsey said he would have to take Rivera back to the station to pay the $100 fine or be locked up. She says that Rivera then made several attempts to call his girlfriend who was at church, to tell her of the situation. Naomi did not have a cell phone, however. Lindsey then called Michelle Augusta, who was at the church service with Naomi.
Lindsey tells Rivera he'll "help him out," and will follow him to church where he can drop off the baby in the car to Naomi, and then come with him to the station. She says that as this conversation takes place, Rivera will say he sees Lindsey flinch, look to his right and then three shots.
She says Rivera than sees Lindsey's body fall and hit the door panel of the car. Immediately afterwards, she says, Rivera will say he saw a dark skinned male standing nearby, with a gun, pointing it at Sammy Rivera.
She says "the man pointing the gun at Rivera is THIS defendant - Wesley Molina Cirino." She says Rivera says he then put his head down and drove off, with no words spoken.
She says Rivera will say he then drove away and straight to the church where he got Naomi Diaz, so nervous that he forgot baby Luis was asleep in the car.
It was while the car was at the church that an Officer on the way to the Nielson Street scene spotted the Neon and then turned around for it, she says.
She says that when police questioned Flaco on this shooting, he was in on an outstanding warrant in Onondoga County.
She says while waiting for a resolution to his charges in Onondoga County, Flaco reached out to the D.A.'s office in that county, Flaco tried to make a deal for his charges there by saying he could offer information on Lindsey's shooting back here.
So, he then sat down with nvestigators in Onondoga and Oneida County investigators to share the information he had on the shooting, which she says were video and audio taped, which the jurors will hear.
She says there will NOT be a lot of forensic evidence. "This isn't law and order, this isnt' CSI, this is reality." She says there are no fingerprints, no DNA, and no murder weapon.
"Realistically, ladies and gentleman," she says. "criminal cases are often solved by old fashioned police work. this case is based on testimony."
She says that testimony will put Flaco 1 1/2 blocks from the shooting, as well as inmates from Onondoga Justice Center and Oneida County Jail, and things he said while there, regarding Officer Lindsey's Death.
Day One: Prosecution; "Sammy Rivera"
Prosecution says that Sammy Rivera made it clear to officers that he was an eyewitness to the shooting, but was unwilling to give information of the identity of the shooter. She says all Rivera would say was that "the shooter was a black male wearing a white hoodie." She says that he knew "much more," but "failed to give that information to police."
She says that the main reason was that he was afraid for his family's safety, and of the police. She says he didn't trust the police, as in the hours following the death of Lindsey, the officers "treated him as if HE were Lindsey's assassin."
She said that for eight days, Rivera stuck to the story that he was an eyewitness to the shooting, but had no more info on the shooters identity.
That changed eight days later, she said, when, after Rivera consulted with two attorneys on the drug charges he faced, finally disclosed the identity of the shooter. Prosecution then pointed to Flaco, saying "THIS man...Wesley Molina-Cirino...also known as Flaco." saying Rivera was once a friend of Flaco.
She tells the jury to listen carefully to what Rivera says, as he is an important witness.
"Truth is, indeed, stranger than fiction," she tells them.
She says that the main reason was that he was afraid for his family's safety, and of the police. She says he didn't trust the police, as in the hours following the death of Lindsey, the officers "treated him as if HE were Lindsey's assassin."
She said that for eight days, Rivera stuck to the story that he was an eyewitness to the shooting, but had no more info on the shooters identity.
That changed eight days later, she said, when, after Rivera consulted with two attorneys on the drug charges he faced, finally disclosed the identity of the shooter. Prosecution then pointed to Flaco, saying "THIS man...Wesley Molina-Cirino...also known as Flaco." saying Rivera was once a friend of Flaco.
She tells the jury to listen carefully to what Rivera says, as he is an important witness.
"Truth is, indeed, stranger than fiction," she tells them.
Day One: Prosecution; "Keep an Open Mind"
Proseuction continues its opening statments, saying that it was the 800 block of john street was where an officer found the neon parked, with a hispanic male and female standing near it. She says that as he approached the car, the male told him "I didn't do it," and as he was arrested, crack cocaine was found on his person.
She says that this male was Sammy Rivera, and the female - Naiomi Diaz, his girlfriend.
She asks the jury to think of all the officers working that night as they heard the words "officer down." She says they must have been thinking that whoever was in that Neon must be the one responsible for "assasinating our officer, our friend, our brother," saying that they must have assumed Rivera was the shooter or connected with the shooter, telling the jury the officers' judgement was blinded by the incident; that they had never dealt with anything like this before.
Prosecution says the officers were "in shock," "hysterical," and "angry." She says that the killing of Officer Lindsey was extremely personal. He was their friend, she says. "Officer Lindsey was their brother," she adds.
She asks them to keep this all in mind as they hear testimony from civilians over the next few days, saying they will hear things about some of the conduct of some of the officers invovled in the case in the hours following the shooting.
"please keep an open mind," she said.
She says that this male was Sammy Rivera, and the female - Naiomi Diaz, his girlfriend.
She asks the jury to think of all the officers working that night as they heard the words "officer down." She says they must have been thinking that whoever was in that Neon must be the one responsible for "assasinating our officer, our friend, our brother," saying that they must have assumed Rivera was the shooter or connected with the shooter, telling the jury the officers' judgement was blinded by the incident; that they had never dealt with anything like this before.
Prosecution says the officers were "in shock," "hysterical," and "angry." She says that the killing of Officer Lindsey was extremely personal. He was their friend, she says. "Officer Lindsey was their brother," she adds.
She asks them to keep this all in mind as they hear testimony from civilians over the next few days, saying they will hear things about some of the conduct of some of the officers invovled in the case in the hours following the shooting.
"please keep an open mind," she said.
Day One: Prosecution; "BOLO"
Prosecution continues to talk about the numerous law enforcement agencies who helped get Officer Lindsey to St. Elizabeth Medical Center to try and save his life, to no avail.
She describes Utica as "chaotic" after Lindsey was found and brought to the hospital.
She says they will hear of a BOLO (Be On the Lookout For), to look for the Dodge Neon that Lindsey had pulled over.
She describes Utica as "chaotic" after Lindsey was found and brought to the hospital.
She says they will hear of a BOLO (Be On the Lookout For), to look for the Dodge Neon that Lindsey had pulled over.
Day One: Prosecution; "Code 4"
Opening statements have begun.
The prosecution is discussing Code 4, a police term, meaning that everything is okay. THe situation is under control. In a short time from now, she says they will learn that on April 12, Office LIndsey called out a Code 4.
She says the evidence will show that at the very moment he called a Code 4 that it appeared the situation was "code 4," that it WAS under control.
She says that it didn't take long for things to change, telling the jurors that Lindsey was shot in the head from side, the bullet exiting the other side.
She says Officer Lindsey was assigned to car 57. She says that Lindsey had worked that area (The Cornhill area) before. She says that he had worked that time shift and that area often.
He called out that a red doge neon ,dyg3194, unknown occupants at corner of nielson and mortimer. less than 2 minutes later, he called out code 4, meaning things were under control. She says that evidence will show that around 8:15 p.m., 2 officers went to the location where the neon was pulled over to see if he needed help; something that is standard procedure.
She says that this is often used in areas considered a "high crime area," which that area of Nielson Street is.
Prosecution says that through testimony they will hear officers say that Lindsey was walking away form the neon to his vehicle with paperwork in his hand. She keeps repeating "Code 4, ladies and gentleman, code 4." She asks them to listen to these to Officers carefully: Officers French and Officers Sabanovic, as they drove by him shortly before the incident.
She says they will say Lindsey was relaxed and waved both officers on, not in need of their assistance.
She says just moments after those officers moved on, that calls came in to the 911 call center that shots have been fired at Nielson Street. Several officers were dispatched to the area.
She says that during the trial we'll hear some of those 911 calls regarding the shots fired. She says we'll also hear from the first two officers on the scene after the shots fired - Officer Nash and Officer Poccia. She says they are the ones who found Lindsey mortally wounded laying on his back just a short distance from his patrol vehicle, parked int he middled of the 1100 block of Nielson Street, still running, with the spotlight sitll activated.
Upon their arrival, she says, both Officers Nash and Poccia found the body, and immediately Poccia radioed to headquarters saying "Officer Down."
She says that in the blink of an eye, "the world of the Utica Police was changed forever."
The prosecution is discussing Code 4, a police term, meaning that everything is okay. THe situation is under control. In a short time from now, she says they will learn that on April 12, Office LIndsey called out a Code 4.
She says the evidence will show that at the very moment he called a Code 4 that it appeared the situation was "code 4," that it WAS under control.
She says that it didn't take long for things to change, telling the jurors that Lindsey was shot in the head from side, the bullet exiting the other side.
She says Officer Lindsey was assigned to car 57. She says that Lindsey had worked that area (The Cornhill area) before. She says that he had worked that time shift and that area often.
He called out that a red doge neon ,dyg3194, unknown occupants at corner of nielson and mortimer. less than 2 minutes later, he called out code 4, meaning things were under control. She says that evidence will show that around 8:15 p.m., 2 officers went to the location where the neon was pulled over to see if he needed help; something that is standard procedure.
She says that this is often used in areas considered a "high crime area," which that area of Nielson Street is.
Prosecution says that through testimony they will hear officers say that Lindsey was walking away form the neon to his vehicle with paperwork in his hand. She keeps repeating "Code 4, ladies and gentleman, code 4." She asks them to listen to these to Officers carefully: Officers French and Officers Sabanovic, as they drove by him shortly before the incident.
She says they will say Lindsey was relaxed and waved both officers on, not in need of their assistance.
She says just moments after those officers moved on, that calls came in to the 911 call center that shots have been fired at Nielson Street. Several officers were dispatched to the area.
She says that during the trial we'll hear some of those 911 calls regarding the shots fired. She says we'll also hear from the first two officers on the scene after the shots fired - Officer Nash and Officer Poccia. She says they are the ones who found Lindsey mortally wounded laying on his back just a short distance from his patrol vehicle, parked int he middled of the 1100 block of Nielson Street, still running, with the spotlight sitll activated.
Upon their arrival, she says, both Officers Nash and Poccia found the body, and immediately Poccia radioed to headquarters saying "Officer Down."
She says that in the blink of an eye, "the world of the Utica Police was changed forever."
Day One: Translating
As Judge Donalty addresses the jurors as to the differences in evidence, what is their opinion, and what are facts, a translator sits next to Flaco, explaining everything that is being said back to him, since Flaco does not speak English.
Day One: Beyond a shadow of a doubt...
Judge Donalty is explaining to the jury that they must treat him as innocent unless beyond a reasonable doubt the attorneys can prove that Flaco is, in fact, guilty. He has also reminded him that opening remarks of the attorneys can not be taken as fact.
He's now explaining what cross examination is.
Eyes of most of the officers have not left Flaco since he entered the courtroom.
He's now explaining what cross examination is.
Eyes of most of the officers have not left Flaco since he entered the courtroom.
Day One: Jury enters
The jury has just been brought in and are taking their seats. I can't imagine how difficult it must have been to find a jury of people who have NOT heard, read, seen, things about this case...
Judge Donalty is now expressing to the jury as to what their responsibilities are and how they must make their decisions without prejudice and based only on the evidence alone.
After this, the attorneys are supposed to begin their opening arguments...
Judge Donalty is now expressing to the jury as to what their responsibilities are and how they must make their decisions without prejudice and based only on the evidence alone.
After this, the attorneys are supposed to begin their opening arguments...
Day One: Fellow officers
I see Officer Dzenan Sabanovic ... who recently took part in his own court proceedings after being assaulted on James Street...among the officers in attendance today.
Day One: Flaco enters
Here he comes. It's odd seeing him in a shirt and tie. And he seems to have gotten a haircut since the file video that we've seen of him with the rather large hair. It's a short curly cut.
It's easy to see why they call him Flaco now. He truly is an incredibly skinny individual. In his white shirt and blue tie...with some kind of colorful pattern on it...can't tell what...he jsut took a seat next to Rebecca Wittmann, his defense attorney.
Public Safety Commissioner Daniel LaBella has joined Chief Pylman at the rear of the room, along with some other officers.
The judge is discussing evidence, that include aerials of Nielson Street and photos of the scene, Exhibits 3-51.
It's easy to see why they call him Flaco now. He truly is an incredibly skinny individual. In his white shirt and blue tie...with some kind of colorful pattern on it...can't tell what...he jsut took a seat next to Rebecca Wittmann, his defense attorney.
Public Safety Commissioner Daniel LaBella has joined Chief Pylman at the rear of the room, along with some other officers.
The judge is discussing evidence, that include aerials of Nielson Street and photos of the scene, Exhibits 3-51.
Day One: Almost Flaco...
Judge Donalty has just told us that we can not take down or setup equipment except for at recesseses...
Everyone is moving in anticipation of the arrival of the trial's namesake. Flaco's on his way...
Everyone is moving in anticipation of the arrival of the trial's namesake. Flaco's on his way...
Day One: Numerous Officers Arrive
Wow. In the short time it took me to plug the laptop in (battery went down to half power in no-time....how is it we can send people into outer space but we can't make a laptop battery that lasts longer than an hour? Hmmm. Something's wrong here.)
The room now has more than one half filled with uniformed police officers, and the rest filled with either family or law enforcement officials in civilian clothes. Deputy Chief Pasquale Benzo is here now, and Chief Pylman is hanging back by the doorway. The more they move through normal calendar, the more anxious they all seem to become to move forward with the Cirino trial.
The room now has more than one half filled with uniformed police officers, and the rest filled with either family or law enforcement officials in civilian clothes. Deputy Chief Pasquale Benzo is here now, and Chief Pylman is hanging back by the doorway. The more they move through normal calendar, the more anxious they all seem to become to move forward with the Cirino trial.
Day One: Here comes the judge
They're begun running through normal calendar, and in just a few scant minutes, the room has filled with family members and co-workers of Officer Lindsey.
Chief Pylman greeted Lisa, Lindsey's girlfriend, with a wave. You can feel the tense vibe surrounding everyone connected with Officer Lindsey as they sit here. It's a combination of dread of reliving these events...mixed with a somber sense of relief.
Judge Donalty has arrived at his desk and is running through his normal calendar. They seem to be moving through things rather swiftly. It's obvious they want to get to Flaco as soon as possible and get the ball rolling.
Chief Pylman greeted Lisa, Lindsey's girlfriend, with a wave. You can feel the tense vibe surrounding everyone connected with Officer Lindsey as they sit here. It's a combination of dread of reliving these events...mixed with a somber sense of relief.
Judge Donalty has arrived at his desk and is running through his normal calendar. They seem to be moving through things rather swiftly. It's obvious they want to get to Flaco as soon as possible and get the ball rolling.
Day One - Arrivals
Chief C. Allen Pylman just arrived, along with a few other officers in their uniforms. Once they get through opening arguments, Chief Pylman is among the first of the witnesses scheduled to testify. He's looking for a place to sit. He's got his pick of the litter right now...other than he and the handful of officers with him, there's only the few people here for normal court calendar still and that's about it.
Rebecca Wittman has a large box of papers she just placed under her desk and is trying to get herself organized at the defense table.
Lindsey's girlfriend, Lisa, just arrived, with some other people.
Rebecca Wittman has a large box of papers she just placed under her desk and is trying to get herself organized at the defense table.
Lindsey's girlfriend, Lisa, just arrived, with some other people.
Subscribe to:
Posts (Atom)