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.
Friday, March 14, 2008
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.
Thursday, March 13, 2008
Day Three: Court adjourns for the day
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.
I'll be back with more updates as they develop throughout the day tomorrow.
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.
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