Court has been adjourned for the day and will resume Friday at 9:20 a.m.
I'll be back with more updates as they develop throughout the day tomorrow.
Thursday, March 13, 2008
Day Three: Items in Rivera's car, Orioles jersey, and Winnie the Pooh sweatshirt analyzed for blood
Swabs of Rivera were positive for blood, Rack said.
She said the swabs were taken from ttwo Red Bull cans and one item of Red Bull Liquor, Rack said, which were all found in the Neon secured at her facility.
The Orioles jersey that Sammy Rivera was wearing on April 21 was analyzed by Rack, and she said she found a small brown stain that she analyzed. The gray "Winnie-the-Pooh" sweatshirt, also had stains on it which were analyzed, Rack said.
Rivera's sneakers were also tested, and tested positive for blood.
Rack then identifies a cutting from the jersey, as well as cuttings from the Winnie the Pooh sweatshirt, and the sneaker. After securing these samples, Rack says she put them in a bio-bag, sealed it, dated it, and placed it, sealed, in a vault for analysis. Rack says these items remain sealed to this day.
Rack is excused
She said the swabs were taken from ttwo Red Bull cans and one item of Red Bull Liquor, Rack said, which were all found in the Neon secured at her facility.
The Orioles jersey that Sammy Rivera was wearing on April 21 was analyzed by Rack, and she said she found a small brown stain that she analyzed. The gray "Winnie-the-Pooh" sweatshirt, also had stains on it which were analyzed, Rack said.
Rivera's sneakers were also tested, and tested positive for blood.
Rack then identifies a cutting from the jersey, as well as cuttings from the Winnie the Pooh sweatshirt, and the sneaker. After securing these samples, Rack says she put them in a bio-bag, sealed it, dated it, and placed it, sealed, in a vault for analysis. Rack says these items remain sealed to this day.
Rack is excused
Day Three: Stacy Rack called to stand
Defense and prosecution have both been called to the bench by the Judge and are speaking to him. After that, Stacy Rack is called to the stand. She is employed by the NYS Forensic Investigation Center.
Her training and experience is discussed by the prosecution. She has testified in trials in the past.
She became involved in the testing of evidence in this case on April 19, 2007. She identifies her report prepared for the testing of various items related to the shooting case.
She received the materials she was testing from their evidence receiving department, and was to test them for DNA Analysis. She is then shown swabs submitted by the UPD. She performed analysis of the swabs for blood. The purpose of the test is to determine if the stain they are examining is potential blood.
Rack asks what the second half of the question is....Prosecution says they can't remember themselves.
After remembering what was asked, both prosecution and the witness continue, telling the court about the process of testing the swabs for positive identification of blood.
Her training and experience is discussed by the prosecution. She has testified in trials in the past.
She became involved in the testing of evidence in this case on April 19, 2007. She identifies her report prepared for the testing of various items related to the shooting case.
She received the materials she was testing from their evidence receiving department, and was to test them for DNA Analysis. She is then shown swabs submitted by the UPD. She performed analysis of the swabs for blood. The purpose of the test is to determine if the stain they are examining is potential blood.
Rack asks what the second half of the question is....Prosecution says they can't remember themselves.
After remembering what was asked, both prosecution and the witness continue, telling the court about the process of testing the swabs for positive identification of blood.
Day Three: Tanika Warden cross-examined
Tanika Warden is being cross-examined by the defense.
Defense asks if any of the blood on the inside of the door was visible to Warden when the door was shot.
Warden is asked if it was the only place on the interior that they found blood. She says "yes." Another area of the car's interior was tested, but she says it was not conclusive that the other spot found was also blood.
Defense has nothing further
Defense asks if any of the blood on the inside of the door was visible to Warden when the door was shot.
Warden is asked if it was the only place on the interior that they found blood. She says "yes." Another area of the car's interior was tested, but she says it was not conclusive that the other spot found was also blood.
Defense has nothing further
Day Three: Warden examined blood streaks on the Neon
Tanika Warden is shown a list of all the items her lab received as evidence in this case. Warden says she was assigned the case by her supervisor, and she was assigned the red Dodge Neon.
After receiving a key to a secure bay where she says the Neon was kept, she then processed the vehicle on April 13, 2007. At the time the vehicle was at the state crime lab, she was asked to look for blood.
Upon encountering the vehicle, there was "apparent blood" on the driver's side door, she said.
Warden is then shown photos of the red Dodge Neon. The court can see all these photos as well on a large screen. She points out blood, bone, and tissue matter that she says were found in between the car door, from the driver's side door extending to the rear door and back of the car, she said.
Warden says she swabbed the stains and tested them to make sure that it was blood. She says that it was a standard test to determine if the blood was human or not.
The blood swabs she collected are then brought into evidence by the prosecution. Prosecution also asks her to look at a tissue and/or bone analysis from the door as well.
Prosecution then shows Warden a photograph of the interior of the driver's side door. She says she collected two swabs from that area. Using the touch screen, she marks the areas where she swabbed for blood. She indicates an area just inside of the door jam.
Prosecution has no more questions.
After receiving a key to a secure bay where she says the Neon was kept, she then processed the vehicle on April 13, 2007. At the time the vehicle was at the state crime lab, she was asked to look for blood.
Upon encountering the vehicle, there was "apparent blood" on the driver's side door, she said.
Warden is then shown photos of the red Dodge Neon. The court can see all these photos as well on a large screen. She points out blood, bone, and tissue matter that she says were found in between the car door, from the driver's side door extending to the rear door and back of the car, she said.
Warden says she swabbed the stains and tested them to make sure that it was blood. She says that it was a standard test to determine if the blood was human or not.
The blood swabs she collected are then brought into evidence by the prosecution. Prosecution also asks her to look at a tissue and/or bone analysis from the door as well.
Prosecution then shows Warden a photograph of the interior of the driver's side door. She says she collected two swabs from that area. Using the touch screen, she marks the areas where she swabbed for blood. She indicates an area just inside of the door jam.
Prosecution has no more questions.
Day Three: Tanika Warden takes the stand
DNA Specialist Tanika Warden has taken the stand. She is employed by NYS Forensics Identification Investigation Center in Albany, New York.
Her background and certification foundation in DNA profiling and analyzing is laid out by the prosecution. She says she has performed hundreds of DNA profiles and has testified in court for other cases before.
Flaco's translator has asked her to slow down due to the large amount of technical terms. She says that evidence can be submitted a number of ways, including Fed Ex, USPS, or directly by a police officer. If a piece of evidence is unsealed, she says it won't be accepted.
The evidence is stored in a temperature controlled vault, that only the evidence control clerks would have access to.
Her background and certification foundation in DNA profiling and analyzing is laid out by the prosecution. She says she has performed hundreds of DNA profiles and has testified in court for other cases before.
Flaco's translator has asked her to slow down due to the large amount of technical terms. She says that evidence can be submitted a number of ways, including Fed Ex, USPS, or directly by a police officer. If a piece of evidence is unsealed, she says it won't be accepted.
The evidence is stored in a temperature controlled vault, that only the evidence control clerks would have access to.
Day Three: Chubby Muhammad cross-examined and excused
Defense asks if Rivera came into the store when he picked him up. Chubby Muhammad says that Rivera brought the baby in and just asked if Chubby was ready to go.
Chubby says that when Rivera dropped him off and came inside, Rivera took the baby with him as well.
Chubby Muhammad is excused.
Chubby says that when Rivera dropped him off and came inside, Rivera took the baby with him as well.
Chubby Muhammad is excused.
Day Three: "Chubby" takes the stand
The man known as "Chubby Muhammad" called to the stand. Chubby requires a translator to translate from Arabic to English. He says he lives at Whitesboro Street in Utica, and knows Sammy Rivera. In April of 2007, Chubby helped out at the Cornhill Market.
He says that Rivera picked him up at the market around 8:30 p.m., and dropped him off at his house, which he can't recall the address of. Chubby says that when Rivera came into the Cornhill Market at 7:45 p.m., he was with the baby. When Rivera returned to pick Chubby up, Chubby says Rivera was still just with the baby.
Chubby confirms that Rivera was in a red car
He says that Rivera picked him up at the market around 8:30 p.m., and dropped him off at his house, which he can't recall the address of. Chubby says that when Rivera came into the Cornhill Market at 7:45 p.m., he was with the baby. When Rivera returned to pick Chubby up, Chubby says Rivera was still just with the baby.
Chubby confirms that Rivera was in a red car
Day Three: Translation leads to frustration
Agosto says on cross-examination that Sammy Rivera left the church, with Diaz soon following, and Agosto then went outside shortly after Diaz. Agosto reiterates that when she got outside, police were already there, with a gun pointed at Rivera.
Agosto says Diaz was shouting "what was going on?" to Rivera as police began to move in on them.
Defense asks if Agosto heard Rivera say anything. Agosto says she was a ways back by the church's entrance, and could not hear anything else being said by Rivera.
Defense Attorney Rebecca Wittman questions the statement made by Agosto's interpreter )different from Flaco's interpreter) said previously of Rivera saying "we hurt someone."
Agosto repeats it, and the her interpreter says "We hurt someone....someone was hurt." The translation seems to cause confusion.
Defense, frustrated, excuses Agosto.
Agosto says Diaz was shouting "what was going on?" to Rivera as police began to move in on them.
Defense asks if Agosto heard Rivera say anything. Agosto says she was a ways back by the church's entrance, and could not hear anything else being said by Rivera.
Defense Attorney Rebecca Wittman questions the statement made by Agosto's interpreter )different from Flaco's interpreter) said previously of Rivera saying "we hurt someone."
Agosto repeats it, and the her interpreter says "We hurt someone....someone was hurt." The translation seems to cause confusion.
Defense, frustrated, excuses Agosto.
Day Three: Agosto's husband cut Lindsey's hair at Barber Shop
The following Saturday, Agosto checked her cell phone voicemail, where she found a conversation. One of the voices in the voicemail she recognized as the voice of Sammy Rivera. Agosto says that she could hear Rivera telling someone that he was calling someone at the church. She played the message again, and had her husband also listen to the conversation.
When they listened to the message again, they then called Diaz, and told her. About an hour and a half later, police arrived at her house and, after police listened to the message - the one played earlier for the court - Agosto handed her phone over to police.
Agosto said she knew Officer Lindsey would go to the barber shop where her husband worked cutting hair, and that her husband had, at times, cut Officer Lindsey's hair.
When they listened to the message again, they then called Diaz, and told her. About an hour and a half later, police arrived at her house and, after police listened to the message - the one played earlier for the court - Agosto handed her phone over to police.
Agosto said she knew Officer Lindsey would go to the barber shop where her husband worked cutting hair, and that her husband had, at times, cut Officer Lindsey's hair.
Day Three: Agosto also taken with Diaz and Rivera at church; Baby Luis left with pastor's wife
About 20 minutes after receiving the phone calls on her cell phone, Agosto said a crying Sammy Rivera arrived at the church. Agosto said she asked Rivera if he was okay and he told her "yes." Rivera then proceeded to talk to Diaz.
Agosto says Diaz at one point shouted "What?!" in Rivera's face and they started to exit the church. Diaz told her mother that someone had been hurt. Agosto told Diaz NOT to go outside, but Diaz kept shouting "My child, my child," as she made her way to the car that contained her baby son, Luis.
Agosto went outside and saw a policeman pointing his pistol at Diaz and Rivera, telling them to get on the ground. Agosto says Rivera was getting onto the ground and Diaz was asking "what was going on?"
Agosto then went into the church to tell Diaz' mother what was going on. Diaz' mother then came outside, Agosto said, and was looking at the baby. Diaz' mother tried to open the door by the baby's car seat, but could not. At that moment, Agosto said, the police arrived.
Diaz told police to give Luis to Agosto. Police asked Agosto if she was in the church and that she would also have to go with them. So, Agosto gave Luis to the pastor's wife.
After giving her statement to the police, Agosto went home.
Agosto says Diaz at one point shouted "What?!" in Rivera's face and they started to exit the church. Diaz told her mother that someone had been hurt. Agosto told Diaz NOT to go outside, but Diaz kept shouting "My child, my child," as she made her way to the car that contained her baby son, Luis.
Agosto went outside and saw a policeman pointing his pistol at Diaz and Rivera, telling them to get on the ground. Agosto says Rivera was getting onto the ground and Diaz was asking "what was going on?"
Agosto then went into the church to tell Diaz' mother what was going on. Diaz' mother then came outside, Agosto said, and was looking at the baby. Diaz' mother tried to open the door by the baby's car seat, but could not. At that moment, Agosto said, the police arrived.
Diaz told police to give Luis to Agosto. Police asked Agosto if she was in the church and that she would also have to go with them. So, Agosto gave Luis to the pastor's wife.
After giving her statement to the police, Agosto went home.
Day Three: Agosto recieved calls from Rivera during church
Noami Diaz' friend, Michelle Agosto has been called to the stand. In previous testimony we have heard that she was at the church with Diaz on April 12. She requires an interpreter for her testimony.
Through the translator, we hear that she is 28 years old, and lives at 28 Noyes Street in Utica. Agosto works at St.Luke's Hospital. Agosto says she's known Sammy Rivera for 2 years, and has known Diaz for 2 years as well.
Agosto is asked where she was on April 12 in the evening. She responds, via translator that she was church on John Street. She says she no longer goes to the church, but went there on a regular basis, along with Diaz in 2007.
On April 12, Diaz was already at church when Agosto arrived. Agosto says Diaz, Diaz' mother, Diaz' daughter, and herself were at church together that night, and that Agosto had her cell phone with her. When displayed, Agosto recognizes it as her phone, saying it in English, at first, but is told to stick to the Spanish and allow the translation.
Agosto says that church usually lasts around 3 - 3 1/2 hours. She tells prosecution that her cell phone rang numerous times, with Sammy Rivera's number showing up on the caller ID.
Agosto tells the prosecution that she told Diaz that Rivera was calling, and on the third time, she opened her phone, and saw the pastor looking at her, reminding her she was in church, and she said "I'm in church" into the phone, and closed the phone.
Through the translator, we hear that she is 28 years old, and lives at 28 Noyes Street in Utica. Agosto works at St.Luke's Hospital. Agosto says she's known Sammy Rivera for 2 years, and has known Diaz for 2 years as well.
Agosto is asked where she was on April 12 in the evening. She responds, via translator that she was church on John Street. She says she no longer goes to the church, but went there on a regular basis, along with Diaz in 2007.
On April 12, Diaz was already at church when Agosto arrived. Agosto says Diaz, Diaz' mother, Diaz' daughter, and herself were at church together that night, and that Agosto had her cell phone with her. When displayed, Agosto recognizes it as her phone, saying it in English, at first, but is told to stick to the Spanish and allow the translation.
Agosto says that church usually lasts around 3 - 3 1/2 hours. She tells prosecution that her cell phone rang numerous times, with Sammy Rivera's number showing up on the caller ID.
Agosto tells the prosecution that she told Diaz that Rivera was calling, and on the third time, she opened her phone, and saw the pastor looking at her, reminding her she was in church, and she said "I'm in church" into the phone, and closed the phone.
Day Three: "I can't recall every single thing"
Photos are shown to Rivera and asked if the signs he's making in them are "gang signs." Rivera says no, that they are "peace out" signs.
Defense asks if Rivera once told a State trooper during an interview after the shooting: "I wish I hadn't seen the person, then I wouldn't have to go through with this tonight." Rivera says yes and then says "I lied. I'm sorry. Didn't meant to put people through that, but my family comes first."
Rivera is asked if at any time when questioned by State Troopers if he told them about Flaco and the black Monte Carlo. Rivera says he told Officer Kopek, as well as his attorney, who he was told then told District Attorney Scott McNamara.
Rivera can't recall if McNamara asked him about the Monte Carlo during grand jury. Rivera then says he DID tell McNamara about seeing Wesley Molina-Cirino at the scene in the black Monte Carlo. Rivera says there is "too much in his head" to recall of McNamara took it down.
"I can't recall every single thing, ma'am," Rivera says.
Rivera is then excused.
Defense asks if Rivera once told a State trooper during an interview after the shooting: "I wish I hadn't seen the person, then I wouldn't have to go through with this tonight." Rivera says yes and then says "I lied. I'm sorry. Didn't meant to put people through that, but my family comes first."
Rivera is asked if at any time when questioned by State Troopers if he told them about Flaco and the black Monte Carlo. Rivera says he told Officer Kopek, as well as his attorney, who he was told then told District Attorney Scott McNamara.
Rivera can't recall if McNamara asked him about the Monte Carlo during grand jury. Rivera then says he DID tell McNamara about seeing Wesley Molina-Cirino at the scene in the black Monte Carlo. Rivera says there is "too much in his head" to recall of McNamara took it down.
"I can't recall every single thing, ma'am," Rivera says.
Rivera is then excused.
Day Three: Rivera asked Flaco to leave house shortly before Valentine's Day 2007
Defense brings up the conversations Rivera had with Flaco about Officer Lindsey hassling him.
Defense asks if Rivera is familiar with a Mario Sierra. Rivera says he knows someone named Mario, but isn't sure. Defense says Sierra was arrested for a drug case by Officer Lindsey.
It was shortly before Valentine's Day 2007, Rivera says, when he asked Flaco to leave the house Rivera shared with Diaz. Rivera says he found out after his falling out with Flaco, he found out there was a warrant out of Syracuse for Flaco's arrest. Rivera says he found this out from someone else, not from Flaco.
Rivera says he was never present when Flaco and Officer Lindsey were together in the same vicinity before that night, and can not say for sure whether Officer Lindsey was, in fact, hassling Flaco as he claimed.
Defense asks if Rivera is familiar with a Mario Sierra. Rivera says he knows someone named Mario, but isn't sure. Defense says Sierra was arrested for a drug case by Officer Lindsey.
It was shortly before Valentine's Day 2007, Rivera says, when he asked Flaco to leave the house Rivera shared with Diaz. Rivera says he found out after his falling out with Flaco, he found out there was a warrant out of Syracuse for Flaco's arrest. Rivera says he found this out from someone else, not from Flaco.
Rivera says he was never present when Flaco and Officer Lindsey were together in the same vicinity before that night, and can not say for sure whether Officer Lindsey was, in fact, hassling Flaco as he claimed.
Day Three: Rivera never previously testified about seeing Flaco April 12 before the shooting
Rivera says that at his felony hearing and at his grand jury testimony, that he did NOT mention seeing Flaco at the Cornhill Market and the black Monte Carlo.
Defense says it was Rivera's testimony that he got a very close look of the gun. Rivera says he does not know what kind of gun it was, that he doesn't like guns. Defense asks if Rivera recalls telling McNamara about the gun in front of a grand jury.
"It's a clip gun, not a revolver," Rivera said then.
"Are you sure," McNamara asked.
"Yes," Rivera said in grand jury.
Defense asks if Rivera received any kind of replacement car. Rivera says no. Defense asks if he asked for anything in exchange for testimony in this case. Rivera says no. Defense says Rivera's drug charges were dismissed. Defense asks if Rivera mentioned anything about his license while talking with the prosecution. Rivera said getting a license, a car, and a job would help him get his life straightened out. Rivera then says that hasn't happened yet.
Defense says it was Rivera's testimony that he got a very close look of the gun. Rivera says he does not know what kind of gun it was, that he doesn't like guns. Defense asks if Rivera recalls telling McNamara about the gun in front of a grand jury.
"It's a clip gun, not a revolver," Rivera said then.
"Are you sure," McNamara asked.
"Yes," Rivera said in grand jury.
Defense asks if Rivera received any kind of replacement car. Rivera says no. Defense asks if he asked for anything in exchange for testimony in this case. Rivera says no. Defense says Rivera's drug charges were dismissed. Defense asks if Rivera mentioned anything about his license while talking with the prosecution. Rivera said getting a license, a car, and a job would help him get his life straightened out. Rivera then says that hasn't happened yet.
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