The Syracuse investigators do not have a good understanding of the North Genesee St. location Flaco is saying is where the gun was tossed.
Flaco says he doesn't want his name to come out in this. He would have a big problem.
Flaco says he found out about all this after "they killed the police officer." Flaco says that the "they" he refers to are Jose Cirino and Sammy Rivera.
Interpreter Ramos says that tghe Jose Cirino in volved in the Lindsay shooting is not the same Jose Cirino involved with him in the Syracuse drug deal.
It is quite confusing over if the Jose Cirino in Utica is a cousin or not. The Jose from Syracuse is a cousin and the Jose from Utica is not. The following referenses to Jose Cirino will regard the Jose Cirino Flaco says was involved in the Lindsay mirder.
Flaco says that Jose showed him the gun and that Jose told him he was going to throw the gun away and leave the country. Flaco says that Jose Cirino lived near Nichols and Lansing Streets in Utica.
Monday, March 17, 2008
Day Five: Weidman and Recording Info Cross Examined
After recess reagrding transaltion issues, court resumes. Judge explains that the recordings played by the ADA were selectded portions of the May 14th meeting with Flaco, in Syracuse. Defense attorney Wittman wants the full meeting to take place so that all previously heard snippets can be seen and heard in thedir proper context.
The playing of the recording will take a little more than an hour.
The recording is shown on several screens in the courtroom. The visual part is relatively small. Under is a text, in english, what is being said in the meeting.
This is the first part of the May 14th meeting, before Utica investigators arrived.
The playing of the recording will take a little more than an hour.
The recording is shown on several screens in the courtroom. The visual part is relatively small. Under is a text, in english, what is being said in the meeting.
This is the first part of the May 14th meeting, before Utica investigators arrived.
Day Five: Flaco Has Two Versions Of Learning About Shooting
Flaco says on the recording that he was on the phone with his cousin Jose the night of the shooting. His cousin told him he was on the street and there were planty of cops.
Flaco then says that his cousin Indio told him aboujt the shooting of Lindsay.
Flaco had earlier said that Jose Cirino and Rivera were involved in the shooting. He later says that when Lindsay took Sammy's ID and returned to the car, Jose shot him.
Flaco says he knew Lindsay because Lindsay had arrested him before.
Prosecution has no more questions of Weidman or recording to play. Wittman to cross examine, but asks to go to bench first. Judge calls for short recess.
Flaco then says that his cousin Indio told him aboujt the shooting of Lindsay.
Flaco had earlier said that Jose Cirino and Rivera were involved in the shooting. He later says that when Lindsay took Sammy's ID and returned to the car, Jose shot him.
Flaco says he knew Lindsay because Lindsay had arrested him before.
Prosecution has no more questions of Weidman or recording to play. Wittman to cross examine, but asks to go to bench first. Judge calls for short recess.
Day Five: Flaco Changes Story
Flaco says he got the shooting info from his cousin Jose, which is different than what Flaco said before. Flaco says hed told Jose that Jose's involvement in the Lindsay shooting was Jose's problem and not his problem.
Flaco says that Jose told him that he was wearing a white hoodie and had his face covered.
Regarding Flaco getting info from Indio, Flaco says he met with Indio at Seymour Ave and james St the day after Lindsay was shot. He ran into Indio and they were talking. Flaco says that Indio talked about the murder and Flaco says that that is their problem.
Flaco says that Jose spoke with Indio by phone on Saturday. Jose called Indio and Flaco was listening on the speaker phone. Jose says on the phone that he threw the gun in the river and he was going to Puerto Rico.
Investigators question Flaco about the difference between the earlier story of Jose Cirino showing Flaco the gun and the story with Indio. Flaco says that the girl was driving the white Nissan and they stopped and tossed the gun.
Flaco says that Jose told him that he was wearing a white hoodie and had his face covered.
Regarding Flaco getting info from Indio, Flaco says he met with Indio at Seymour Ave and james St the day after Lindsay was shot. He ran into Indio and they were talking. Flaco says that Indio talked about the murder and Flaco says that that is their problem.
Flaco says that Jose spoke with Indio by phone on Saturday. Jose called Indio and Flaco was listening on the speaker phone. Jose says on the phone that he threw the gun in the river and he was going to Puerto Rico.
Investigators question Flaco about the difference between the earlier story of Jose Cirino showing Flaco the gun and the story with Indio. Flaco says that the girl was driving the white Nissan and they stopped and tossed the gun.
Day Five: Flaco Says Cousin Dumped Gun
On recording, Flaco says that Jose Cirino told him he was going to dump the gun in the river and then left for the airport.
NOTE - this part of the May 14th meeting is before the Utica investigators arrived in Syracuse.
Flaco says that the gun was in a white Nissan that belonged to a girlfreind of Jose. It all took place late in the morning after Liondsay was killed. The meeting between Flaco and Jose took place at Dudley and Arthur Streets. Flaco said that he shook Jose's hand and Jose showed him the gun, said he was going to get rid of it and go to Puerto Rico.
Flaco says that Jose Cirino and Sam Rivera were the people involved in the murder of Lindsay. Flaco says that he learned about his cousin and Rivera's involvement from Flaco's other cousin, Indio.
NOTE - this part of the May 14th meeting is before the Utica investigators arrived in Syracuse.
Flaco says that the gun was in a white Nissan that belonged to a girlfreind of Jose. It all took place late in the morning after Liondsay was killed. The meeting between Flaco and Jose took place at Dudley and Arthur Streets. Flaco said that he shook Jose's hand and Jose showed him the gun, said he was going to get rid of it and go to Puerto Rico.
Flaco says that Jose Cirino and Sam Rivera were the people involved in the murder of Lindsay. Flaco says that he learned about his cousin and Rivera's involvement from Flaco's other cousin, Indio.
Day Five: Recording Of Meeting Is Played
Recording of the meeting held on May 14, 2007, in Syracuse is played. Flaco is there with defense attorney Keller and interprerter Ramos. There are subtitles posted on the recording.
Flaco says he is wiling to give information regarding where the gun is. Molinia-Cirino says the gun is in "the river" It was thrown in the river under ther bridge. He says that the guns was thrown there by his cousin. Flaco says he was told by the person who took him to the site. Flaco says he told them that was their problem.
Flaco speaks in english about the location.
Flaco was asked if he ever actually saw the gun. Hed said yes, it was in a leather bag. He says his cousin Jose Cirino told him he was going to the river to throw the gun away. Jose Cirino left for Puerto Rico the following Saturday. Flaco says that a girl drove Jose Cirino to dispose of the gun.
How did Flaco know where the gun was tossed. Flaco says that Jose Cirino told him. Flaco says that he wasn't there when the gun was tossed.
Flaco described the gun as a 44 magnum. It was a big gun, black in color. Flaco said the gun had a rubbber grip. Flaco says he saw the gun at least twso times before and that Jose Cirino always had it on him.
Flaco says he was shown the gun on April 13th.
Flaco says he is wiling to give information regarding where the gun is. Molinia-Cirino says the gun is in "the river" It was thrown in the river under ther bridge. He says that the guns was thrown there by his cousin. Flaco says he was told by the person who took him to the site. Flaco says he told them that was their problem.
Flaco speaks in english about the location.
Flaco was asked if he ever actually saw the gun. Hed said yes, it was in a leather bag. He says his cousin Jose Cirino told him he was going to the river to throw the gun away. Jose Cirino left for Puerto Rico the following Saturday. Flaco says that a girl drove Jose Cirino to dispose of the gun.
How did Flaco know where the gun was tossed. Flaco says that Jose Cirino told him. Flaco says that he wasn't there when the gun was tossed.
Flaco described the gun as a 44 magnum. It was a big gun, black in color. Flaco said the gun had a rubbber grip. Flaco says he saw the gun at least twso times before and that Jose Cirino always had it on him.
Flaco says he was shown the gun on April 13th.
Day Five: Meeting With Molina-Cirino Is Recorded
June 6, 2007, Flaco was released from Syracuse authorities. Flaco was met by Serrano and otherf invesitagors and taken back to Utica.
Weidman identifies recording on DVD and computer hard drive of the meeting held with Molina-Cirino. Thoses recordings are entered as evidence. Judge calls ADA Lisi and defense attorney Wittman to bench. This is a long conference in which Judge Donalty is listening. Wittman in forcefull in her gestures regarding issues related to the playing of the recordings. Bench meeting ends.
Judge accepts recordings for limitged use. The DVDs contain the full meeting before and after the arrival of Utica invesigators. The third recording is a "compilation" from the meeting to highlight areas the DA wants to focus on. Judges says that the jury will have access to full meeting recording at a later date.
Because Wittman has transcript of full meeting and not the condensed version to be presented, Judge calls for a break so all can get on same page.
Weidman identifies recording on DVD and computer hard drive of the meeting held with Molina-Cirino. Thoses recordings are entered as evidence. Judge calls ADA Lisi and defense attorney Wittman to bench. This is a long conference in which Judge Donalty is listening. Wittman in forcefull in her gestures regarding issues related to the playing of the recordings. Bench meeting ends.
Judge accepts recordings for limitged use. The DVDs contain the full meeting before and after the arrival of Utica invesigators. The third recording is a "compilation" from the meeting to highlight areas the DA wants to focus on. Judges says that the jury will have access to full meeting recording at a later date.
Because Wittman has transcript of full meeting and not the condensed version to be presented, Judge calls for a break so all can get on same page.
Day Five: Note On Serrano
Point of clarification, Invesigator Sam Serrano is a State Police invesigator. He lead the interrogation of Flaco, speaking in spanish.
Day Five: Stan Weidman Takes Stand
Stanley Weidman is a Senior Invesitigator at Onondaga County DA office. Was State Police invesiogator before that. May 14, 2007, Weidman took part in meeting with Molina-Cirino. Keller wanted it on the record, before the meeting, if info from Molina-Cirino gave useful information Onondaga DAs would not seek larger drug charges against Flaco.
Weidman says that Flaco would sometimes answer questions in broken english or begin before full intrepretation.
Weidman says that Flaco would sometimes answer questions in broken english or begin before full intrepretation.
Day Five: Where's The Gun
Ramos says the meeting was at area near Mohawk River, not canal, near Denny's on North Genesee St.
Another meeting helf in June to go over what Flaco would do after Syracuse drug case was resolved. It was agreed that Flaco would return to Utica to continue to work with investigation of Lindsay case.
Ramos says that there were a few times when a simple question was asked in English and Flaco would begin to answer before interpretation.
No cross examination.
Another meeting helf in June to go over what Flaco would do after Syracuse drug case was resolved. It was agreed that Flaco would return to Utica to continue to work with investigation of Lindsay case.
Ramos says that there were a few times when a simple question was asked in English and Flaco would begin to answer before interpretation.
No cross examination.
Day Five: Utica Police Join Meeting
Two Utica invesigators, Serrano and Kopec, arrive to join the meeting. Officer Serrano takes the lead in questioning Flaco. Serrano questions Flaco in spanish. Ramos says that it was accurate spanish being spoken.
Ramos says that Flaco did not ask to stop the questioning.
Ramos met with Molina-Cirino's Syracuse lawyer, Mr. Keller, in Utica at the area arround the bridge on North Genesee St. over Barge Canal. Flaco was at that meeting to show where Flaco said the gun used to kill Lindsay was disposed.
Ramos says that Flaco did not ask to stop the questioning.
Ramos met with Molina-Cirino's Syracuse lawyer, Mr. Keller, in Utica at the area arround the bridge on North Genesee St. over Barge Canal. Flaco was at that meeting to show where Flaco said the gun used to kill Lindsay was disposed.
Day Five: Gabriel Ramos, Jr. On Stand
Mr. Ramos is a private invesigator. He has a business in Syracuse. Part of his business includes interprertation for defense attorneys in Syracuse. He was hired by Falco's lawyer in Syracuse when he was facing Onondaga County drug charges. ADA Colluza goes over Ramos credentials as a spanish speaking interpreter.
Ramos translated for Falco at meeting regarding Lindsay case. Ramos says that Flaco knew why he was at the meeting, to help Utica investigation in consideration for himself regarding to Syracuse drug charges. Ramos had no trouble understanding Flaco.
Meeting was video taped. There was a lengthy break in the meeting so Utica investigators could join the meeting. The break was at least an hour.
Ramos translated for Falco at meeting regarding Lindsay case. Ramos says that Flaco knew why he was at the meeting, to help Utica investigation in consideration for himself regarding to Syracuse drug charges. Ramos had no trouble understanding Flaco.
Meeting was video taped. There was a lengthy break in the meeting so Utica investigators could join the meeting. The break was at least an hour.
Day Five: Scholl Cross Examined
Scholl says that all questions to Flaco in the meeting went through interpreter. Scholl felt that Flaco had some understan nding of english, would start answers before interpreter finished. Molina-Cirino never answered in english.
Scholl is asked who she talked with to determine Flaco's level cooperation with Utica investigation. Scholl says she didn't speak with anyone, but knew he was working with Utica investigation. So, she gave him break in sentencing.
Scholl is asked who she talked with to determine Flaco's level cooperation with Utica investigation. Scholl says she didn't speak with anyone, but knew he was working with Utica investigation. So, she gave him break in sentencing.
Day Five: Trial Resumes
Bridget Scholl is first witness. She is an ADA in Onondaga County, handling drug cases. She handled a felony drug case in Onondaga county in which Flaco and Jose Cirino were charged. April 2007 she was contactd by Federal Marshals related to Molina-Cirino. 4/18, Molina-Cirino was arraigned on his charges in Syracuse. Scholl knew that Molina-Cirino was a person of interest in the Lindsay case. A plea offer had been made to Molina-Cirino and rejected. At a later date Flaco's lawyer told Scholl that Flaco had information about the gun used to kill Lindsay, would the ADA be interested. Scholl said yes and a meeting was set. 5/14, a meeting was held involving authorities and Flaco.
Issues related to Flaco's understanding of english are addressed and Scholl indicates that Flaco has some understanding of english. Utica Police arrived to continue the meeting.
Flaco was sentenced on the felony drug charge and given time served. Scholl says consideration was given for his cooperation with the Lindsay investigation.
Judge instructs jury not to use the guilty plea on the drug charges in Syracuse in consideration of this case. It was allowed only to provide a timeline for Scholl's testimony.
Issues related to Flaco's understanding of english are addressed and Scholl indicates that Flaco has some understanding of english. Utica Police arrived to continue the meeting.
Flaco was sentenced on the felony drug charge and given time served. Scholl says consideration was given for his cooperation with the Lindsay investigation.
Judge instructs jury not to use the guilty plea on the drug charges in Syracuse in consideration of this case. It was allowed only to provide a timeline for Scholl's testimony.
Day Five: Trial Continues Soon
Judge Donalty disposes of other court business before the Molina-Cirino trial resumes. Better than a dozen uniformed Utica Police officers are in the courtroom. Chief Pylman here as well. ADA Colluzza enters. Defense attorney Wittman was here representing other clients before Judge Donalty before this trial begins.
Subscribe to:
Posts (Atom)