Officer Nitti says their was a projectile hole in the bottom of a wall at 1120 Neilson Street found the morning after the shooting.
District Attorney Scott McNamara has just entered the courtroom.
Examining what they thought was a bullet hole at 1128 Neilson, it turned out to NOT be a bullethole, Nitti said.
Another search - made up of 25-30 officers canvassing the area of Neilson Street - found a bullet entry hole at 1121 Neilson Street. Nitti says the trajectory came near where Lindsey was, but the ammunition was a.9 mm, which ruled it out as the same being shot at Lindsey.
Searches were also performed at other streets in the area. The results of that search turned up nothing found. Nitti says that chances are 1 in 10 in finding a bullet at a scene. "Searching for something very small in a very large area," Proseuction describes it as.
Wednesday, March 12, 2008
Day Two: Ammunition examined
The Officer says that at the prosecutions request, he has brought a number of different firearms to show the court how those firearms look, are used, and are fired.
A .40 caliber semi-automatic pistol assigned to Officer Lindsey is pulled out and the jury is reassured it is unloaded. The Officer then explains how the gun is loaded and how one would prepare it for firing.
A magnum revolver is brought out. Once it is fired, a cylinder just rotates allowing for the next bullet to be moved into place for firing. No shell casings will be shot out unless done manually, the Officer explains.
The Officer then steps off the bench and joins the prosecution at the overhead projector. A bag of different ammunition - including some of which is live ammo - is pulled out.
The ammunition (bullets) are placed on the overheard projector and shown to the court, and it is explained that there is an amount of powder in a loaded round. All rounds are built basically the same, the Officer confirms.
The varying sizes of bullets are shown ( a .380 semi-automatic round), a (.9 mm), (a .44 caliber) (.44 magnum revolver), (.38 revolver round), (and a .22 caliber), are all shown in varying degrees and it is described what guns the various ammo could be shot out of. One particular bullet is identified as the type offficers were looking for the night Lindsey was shot.
After that Officer Nitti goes back to the stand.
The search for casings along the ground is explained as routine procedure at a shooting scene, Nitti confirms. Nitti says it IS possible to shoot a semi-autmoatic weapon and NOT dispel casings, as they sometimes might get stuck. If that happens, the gun is not capable of shooting a second time.
The Officer says it would not be possible to shoot a semi automatic pistol 3 or 4 times and NOT eject casings.
A .40 caliber semi-automatic pistol assigned to Officer Lindsey is pulled out and the jury is reassured it is unloaded. The Officer then explains how the gun is loaded and how one would prepare it for firing.
A magnum revolver is brought out. Once it is fired, a cylinder just rotates allowing for the next bullet to be moved into place for firing. No shell casings will be shot out unless done manually, the Officer explains.
The Officer then steps off the bench and joins the prosecution at the overhead projector. A bag of different ammunition - including some of which is live ammo - is pulled out.
The ammunition (bullets) are placed on the overheard projector and shown to the court, and it is explained that there is an amount of powder in a loaded round. All rounds are built basically the same, the Officer confirms.
The varying sizes of bullets are shown ( a .380 semi-automatic round), a (.9 mm), (a .44 caliber) (.44 magnum revolver), (.38 revolver round), (and a .22 caliber), are all shown in varying degrees and it is described what guns the various ammo could be shot out of. One particular bullet is identified as the type offficers were looking for the night Lindsey was shot.
After that Officer Nitti goes back to the stand.
The search for casings along the ground is explained as routine procedure at a shooting scene, Nitti confirms. Nitti says it IS possible to shoot a semi-autmoatic weapon and NOT dispel casings, as they sometimes might get stuck. If that happens, the gun is not capable of shooting a second time.
The Officer says it would not be possible to shoot a semi automatic pistol 3 or 4 times and NOT eject casings.
Day Two: Blood, brain matter photos shown to Officer; Lindsey's computer terminal
A close-up photo is then shown to Officer Nitti of the pool of blood and brain matter at the scene.
The medical materials left behind by the EMTs are then shown, followed by the driver's side door and interior of Officer Lindsey's vehicle. The passenger's side door, showing the computer terminal and keyboard used for entering information is highlighted ina photo by the prosecution and confirmed by Officer Nitti.
This is similar to prosecution's questions of other officers yesterday, displaying the comptuer terminal and now, again, the screen with information on it regarding the Red Dodge Neon Lindsey had pulled over with Sammy Rivera inside, and the returned hit on a warrant for Ishmael Rivera, the fake name Sammy Rivera gave Lindsey at the time he was pulled over.
The medical materials left behind by the EMTs are then shown, followed by the driver's side door and interior of Officer Lindsey's vehicle. The passenger's side door, showing the computer terminal and keyboard used for entering information is highlighted ina photo by the prosecution and confirmed by Officer Nitti.
This is similar to prosecution's questions of other officers yesterday, displaying the comptuer terminal and now, again, the screen with information on it regarding the Red Dodge Neon Lindsey had pulled over with Sammy Rivera inside, and the returned hit on a warrant for Ishmael Rivera, the fake name Sammy Rivera gave Lindsey at the time he was pulled over.
Day Two: Straight line from 1130 Neilson to Lindsey's car; low lighting
Prosecution asks Officer Nitti to point our several residences on Neilson Street, and using an indicator points out a staight line from 1130 Neilson Street to where Officer Lindsey's car was parked.
Nitti then points out on a seperate photo of the crime scene where various other police cars were located upon their arrival in relation to Lindsey's car.
A photograph is then shown of 1128 Neilson Street at the crime scene, along with photos of 1130 and 1128 Neilson Street, from varying angles. Other photos, again from different angles, are shown to Officer Nitti as he confirms what they are.
One photo is shown that appears extremely dark with the exception of some small lights. Officer Nitti says this was done purposely to show the low lighting conditions of the street at that time of night.
Nitti then points out on a seperate photo of the crime scene where various other police cars were located upon their arrival in relation to Lindsey's car.
A photograph is then shown of 1128 Neilson Street at the crime scene, along with photos of 1130 and 1128 Neilson Street, from varying angles. Other photos, again from different angles, are shown to Officer Nitti as he confirms what they are.
One photo is shown that appears extremely dark with the exception of some small lights. Officer Nitti says this was done purposely to show the low lighting conditions of the street at that time of night.
Day Two: Officer Dominick Nitti takes stand
Prosecution has called UPD Officer Dominick Nitti to the stand. Nitti says he has been an officer for 14 years, working both in the Crime Scene Unit and as a Patrolman.
A testimony is given as to his training, background, and certification, and his expertise in firearms - he also teaches firearm training to recruits.
Prosecution establishes that Nitti was not working on April 12, 2007 when he received a call from Officer LaBella who told Nitti that Lindsey had been shot.
Nitti describes the scene when he got to the Neilson Street scene and that Officer Lindsey was not there at that time. Nitti describes the scene as taped off with police tape, blocks closed off, and the spotlight and emergency lights still turned on atop Lindsey's patrol car.
Nitti describes the night as rainy, and that he noticed the leftover medical supplies left by EMTs who already testified they had left in such a hurry that they left materials behind. Nitti also says he observed a pool of blood and brain matter.
Nitti was then called to John Street where the Red Doge Neon that Lindsey had pulled over was stopped. After securing the scene, Nitti says the car was then taken into evidence.
Nitti is then shown an aerial photo of Nielson Street and asked for the positions of Lindsey's vehicle on Neilson that night based on his observations when he arrived at the scene, along with being asked to point out Eagle and Mortimer Streets.
A testimony is given as to his training, background, and certification, and his expertise in firearms - he also teaches firearm training to recruits.
Prosecution establishes that Nitti was not working on April 12, 2007 when he received a call from Officer LaBella who told Nitti that Lindsey had been shot.
Nitti describes the scene when he got to the Neilson Street scene and that Officer Lindsey was not there at that time. Nitti describes the scene as taped off with police tape, blocks closed off, and the spotlight and emergency lights still turned on atop Lindsey's patrol car.
Nitti describes the night as rainy, and that he noticed the leftover medical supplies left by EMTs who already testified they had left in such a hurry that they left materials behind. Nitti also says he observed a pool of blood and brain matter.
Nitti was then called to John Street where the Red Doge Neon that Lindsey had pulled over was stopped. After securing the scene, Nitti says the car was then taken into evidence.
Nitti is then shown an aerial photo of Nielson Street and asked for the positions of Lindsey's vehicle on Neilson that night based on his observations when he arrived at the scene, along with being asked to point out Eagle and Mortimer Streets.
Day Two: Autopsy photos passed to jury
The jury is currently being passed around autopsy photos of Officer Thomas Lindsey.
Defense and prosecution have both approached the bench to talk with Judge Barry Donalty.
Defense and prosecution have both approached the bench to talk with Judge Barry Donalty.
Day Two: Pathologist can not determine caliber of or specific weapon used
Sikirica is being cross-examined and is reminded that there are no eye-witnesses, and that he spoke to no eye-witnesses to the shooting.
He says he can't determine the caliber of bullet used, but can only determine a range based on the wounds and his experience.
Referring to the entrance wound, Defense asked if it is consistent with a projectile from a revolver. Sikirica says it COULD be, but nothing that specifically indicates it, but that it IS possible it could be a revolver.
Defense asks if it could be from a semi-automatic. Sikirica says it could be.
Defense asks if it could be from an automatic weapon. He can't say.
Defense wants to know if the wound was NOT consistent with a shotgun. He agrees. One type of firearm they could rule out, Sikirica says, is a shotgun, sawed off or otherwise.
Sikirica says he can NOT give a specific caliber or specific weapon that could have caused the injury.
Sikirica leaves the stand.
He says he can't determine the caliber of bullet used, but can only determine a range based on the wounds and his experience.
Referring to the entrance wound, Defense asked if it is consistent with a projectile from a revolver. Sikirica says it COULD be, but nothing that specifically indicates it, but that it IS possible it could be a revolver.
Defense asks if it could be from a semi-automatic. Sikirica says it could be.
Defense asks if it could be from an automatic weapon. He can't say.
Defense wants to know if the wound was NOT consistent with a shotgun. He agrees. One type of firearm they could rule out, Sikirica says, is a shotgun, sawed off or otherwise.
Sikirica says he can NOT give a specific caliber or specific weapon that could have caused the injury.
Sikirica leaves the stand.
Day Two: Autopsy photos brought into play
Sikirica is shown a photo of the entrance wound on Lindsey's scalp, followed by a photo of the exit wound.
Prosecution then shows a photo of the side of the Red Dodge Neon from the driver's side, asking if Sikirica had seen the debris on the vehicle before.
Proseuction asks if this could be "blowback" which is the expulsion of tissue that occurs around an entry site. He says "no," that it is debris from the EXIT wound, material flowing outward as the projectile exited Officer Lindsey and he fell.
Prosecution then shows a photo of the side of the Red Dodge Neon from the driver's side, asking if Sikirica had seen the debris on the vehicle before.
Proseuction asks if this could be "blowback" which is the expulsion of tissue that occurs around an entry site. He says "no," that it is debris from the EXIT wound, material flowing outward as the projectile exited Officer Lindsey and he fell.
Day Two: "Lindsey would have dropped immediately from wound"
Sikirica says based on the wounds he saw and his experience, Lindsey most likely would have dropped immediately, his heart stopping from such a gunshot wound.
Diagrams of the brain used by Sikirica to mark damage to Lindsey's brain is now displayed to the court, with no objections from defense.
On the diagram, the court is shown by Sikirica the bullet track from one side of Lindsey's brain to the other. Sikriica says the trajectory can sometimes provide information, but unless you can find where the projectile embeedded itself, you can't determine the exact way the subject who was shot is standing, facing, etc.
A diagram of a human head is now displayed, as Sikirica displays on a screen where the entry and exits wounds on Lindsey were. Dots ont he right side of Lindsey's face, he explains are the powder tattoing, which indicates it was an "intermediate range" at which the gun was fired.
Diagrams of the brain used by Sikirica to mark damage to Lindsey's brain is now displayed to the court, with no objections from defense.
On the diagram, the court is shown by Sikirica the bullet track from one side of Lindsey's brain to the other. Sikriica says the trajectory can sometimes provide information, but unless you can find where the projectile embeedded itself, you can't determine the exact way the subject who was shot is standing, facing, etc.
A diagram of a human head is now displayed, as Sikirica displays on a screen where the entry and exits wounds on Lindsey were. Dots ont he right side of Lindsey's face, he explains are the powder tattoing, which indicates it was an "intermediate range" at which the gun was fired.
Day Two: Powder tattoing may determine how far gun was from Lindsey
Proseuction asks Sikirica if he performed the autopsy on Officer Lindsey - he answers yes, and that it was performed at St. Elizabeth Medical Center in Utica.
State Police Investigators, as well as Sikirica's own assistants were on hand when the autopsy was performed. He knew going in from officer's that this was a case of a shooting, he says.
Dr. Sikirica says that from the external examination, he found Lindsey to have been in good health at the time of his death, with an older bruise on his home from a previous injury - but appeared.
The court room has a brief interruption of someone's ringtone playing the "Law and Order" theme song, but Sikirica isn't thrown and continues.
Sikirica says Lindsey suffered a gunshot wound to right side of his scalp, and that the wound was about 1 cm by the ear canal, with a pattern of patterned tattooing dispersed along right side of his face - burned skin. Prosecution asks if this is significant.
Sikirica says it helps them determine the range and direction of the weapon.
Sikirica also says the exit section of the bullet wound was 5 cm by the center of the ear. he says they can distinguish between entry and exit wounds by the the abrasion as the bullet enters the skin being more circular, while the exit is more "torn out" as it rips through the skin.
Sikirica says they then opened the chest cavities, and found no significant findings or evidence of disease or abnormalities, once again describing Lindsey as a healthy individual.
Examining the head, they opened the cranium and were able to document the wound track through Lindsey's head.
"The projectile cause a great deal of damage to the brain as it travelled through, causing contusions and multiple hemorrhages in the brain stem," Sikirica said.
Prosecution asks if they recovered a bullet from Lindsey's head. A small lead-like core material and bullet jacket was all they could find of the bullet, Sikirica said. The metal jacket, put on bullets to produce a better extension of the projectile, but when asked about its significance, Sikirica, says he couldn't tell. He then says it was handed over to UPD.
Sikirica says X-Rays were taken, but all they found were small fragments and metallic dust. Prosecution asks cause of death.
"Severe skull fractures and brain injuries due to gunshot wound to the head," Sikirica replies.
Sikirica is asked if he knows a a lot about gunshots. He replies, "It's like a gynecologist having to know about sex," explaining that knowledge is a part of the job speciality.
Sikirica explains that the powder that comes out of a gun barrel when fired, it may cause tattoing to the skin based on the closeness of the gun to the subject being fired at.
Sikirica says he can't give an exact caliber used, but could give a range of calibers, based on his experience and the wounds he witnessed. He says based on the damage done to Lindsey's skull and brain, "it is a larger caliber projectile..not a .22...not a ..25...probably not even a .9 it would flal under the caliber of a larger weapon...a 40...45....44...something in that range," Sikirica said.
State Police Investigators, as well as Sikirica's own assistants were on hand when the autopsy was performed. He knew going in from officer's that this was a case of a shooting, he says.
Dr. Sikirica says that from the external examination, he found Lindsey to have been in good health at the time of his death, with an older bruise on his home from a previous injury - but appeared.
The court room has a brief interruption of someone's ringtone playing the "Law and Order" theme song, but Sikirica isn't thrown and continues.
Sikirica says Lindsey suffered a gunshot wound to right side of his scalp, and that the wound was about 1 cm by the ear canal, with a pattern of patterned tattooing dispersed along right side of his face - burned skin. Prosecution asks if this is significant.
Sikirica says it helps them determine the range and direction of the weapon.
Sikirica also says the exit section of the bullet wound was 5 cm by the center of the ear. he says they can distinguish between entry and exit wounds by the the abrasion as the bullet enters the skin being more circular, while the exit is more "torn out" as it rips through the skin.
Sikirica says they then opened the chest cavities, and found no significant findings or evidence of disease or abnormalities, once again describing Lindsey as a healthy individual.
Examining the head, they opened the cranium and were able to document the wound track through Lindsey's head.
"The projectile cause a great deal of damage to the brain as it travelled through, causing contusions and multiple hemorrhages in the brain stem," Sikirica said.
Prosecution asks if they recovered a bullet from Lindsey's head. A small lead-like core material and bullet jacket was all they could find of the bullet, Sikirica said. The metal jacket, put on bullets to produce a better extension of the projectile, but when asked about its significance, Sikirica, says he couldn't tell. He then says it was handed over to UPD.
Sikirica says X-Rays were taken, but all they found were small fragments and metallic dust. Prosecution asks cause of death.
"Severe skull fractures and brain injuries due to gunshot wound to the head," Sikirica replies.
Sikirica is asked if he knows a a lot about gunshots. He replies, "It's like a gynecologist having to know about sex," explaining that knowledge is a part of the job speciality.
Sikirica explains that the powder that comes out of a gun barrel when fired, it may cause tattoing to the skin based on the closeness of the gun to the subject being fired at.
Sikirica says he can't give an exact caliber used, but could give a range of calibers, based on his experience and the wounds he witnessed. He says based on the damage done to Lindsey's skull and brain, "it is a larger caliber projectile..not a .22...not a ..25...probably not even a .9 it would flal under the caliber of a larger weapon...a 40...45....44...something in that range," Sikirica said.
Day Two: Forensic Pathologist takes stand
Judge Barry Donalty has just apologized to the court for a 16 minute late start due to his earlier cases.
Mike Sikirica, a forensic pathologist has just gotten to the stand. He is the Rennsealer County Medical Examiner, explaining his background in medical school, as well as having finished a board credited examination, with a speciality in forensic medicine. He says he has been practicing as a forensic pathologist since the early 90s, and says he's probably testified 400-500 times in New York State and other states.
Prosecution asks how many times he's performed autopsies that resulted in a finding of death due to gunshot wound; he claims he's handled over 4,000.
Sikirica explains what an autopsy is and how its used to determine the manner of death. He says depending on the nature of the case they start with an external examination of the deceased. This is all background for Sikirica's credibility as a witness and his expertise in the field.
Mike Sikirica, a forensic pathologist has just gotten to the stand. He is the Rennsealer County Medical Examiner, explaining his background in medical school, as well as having finished a board credited examination, with a speciality in forensic medicine. He says he has been practicing as a forensic pathologist since the early 90s, and says he's probably testified 400-500 times in New York State and other states.
Prosecution asks how many times he's performed autopsies that resulted in a finding of death due to gunshot wound; he claims he's handled over 4,000.
Sikirica explains what an autopsy is and how its used to determine the manner of death. He says depending on the nature of the case they start with an external examination of the deceased. This is all background for Sikirica's credibility as a witness and his expertise in the field.
Day Two: Flaco enters
Flaco has just been brought to the courtroom. He has changed his shirt from the white yesterday, to a blue one today, but wears the same tie. He has taken his seat next to Defense Attorney Rebecca Wittman.
Day Two: Courtroom fills, no Flaco case yet
Defense attorney has arrived, as has the prosecution. Judge Barry Donalty is at his bench running through various non-related cases first before getting to Molina-Cirino ("Flaco") this morning.
The prosecution is talking with Lisa, Lindsey's girlfriend, and family members. There are some whispers around the courtroom that it might be about the possibility of autopsy photos being seen; telling them as a precaution of the harshness and emotional impact said photos might have.
The prosecution is talking with Lisa, Lindsey's girlfriend, and family members. There are some whispers around the courtroom that it might be about the possibility of autopsy photos being seen; telling them as a precaution of the harshness and emotional impact said photos might have.
Day Two: Officers and Family arrive...
The Lindsey Family has arrived, as has Lisa - Officer Lindsey's girlfriend at the time of his death - and have all begun taking their reserved seats in the courtroom.
Some of Officer Thomas Lindsey's fellow officers have also now begun to take their seats.
Chief Pylman remains at the back of the courtroom watching over it all.
Some of Officer Thomas Lindsey's fellow officers have also now begun to take their seats.
Chief Pylman remains at the back of the courtroom watching over it all.
Day Two: Begins Soon...
Day Two of the Flaco trial has yet to start, but as we get ready for the second day of evidence and testimony, Utica Police Chief C. Allen Pylman is here with several other Utica Officers, hanging to the back of the courtroom. Signs on the benches reserve seats for the Lindsey Family and the officers of the UPD.
Today, we expect to hear from Forensic Pathologist Michael Sikiricka, as well as possibly see numerous photos. Whether this is confirmed remains to be seen just yet.
Any autposy photos shown as testimony will be seen in plain sight of the entire court room.
Today, we expect to hear from Forensic Pathologist Michael Sikiricka, as well as possibly see numerous photos. Whether this is confirmed remains to be seen just yet.
Any autposy photos shown as testimony will be seen in plain sight of the entire court room.
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