Officer Fernalld says that he has had contact with Sammy Rivera in the past, just a month prior on March 7 at the scene of a property damage accident. He also recognized Naomi Diaz from that March 2007 accident scene.
The D.A. then brings out an aerial photo of the 800 block of John Street, and asks him to point out where he turned around before making the stop at the church on John Street where he found the Red Neon later found to be driven by Sammy Rivera.
He says that he never saw Sammy Rivera come out of the church, although other people HAD come out of the church when he arrived at the scene. he earlier testified that Rivera was outside the Red Neon when he arrived to the scene.
The D.A has no further questions for Fernalld.
Tuesday, March 11, 2008
Day One: Blood, brain matter found on side of car door
Officer Stanley Fernalld has taken the stand. He says he is in his 4th year as a Utica Police Officer. He says he is assigned to a uniformed patrol division. He was also working 4 p.m. to midnight that night in April, like many of the other Police witnesses on the stand today.
He says his Zone that night was North Utica. He was patrolling that zone without a partner, he said. This Zone (Zone 58) is not his normal zone, but he explains that he, like several other officers get rotating zone shifts.
He says that night he was by the recyclying center on Wurz Ave and Leland Ave, working on reports in his car when he heard a radio transmission about a vehicle stop. Fernalld says that shortly after hearing about the red neon traffic stop, he then heard the call of shots fired.
Fernalld says he then moved toward Genesee Street, but was not dispatched to Neilson Street. He said he just moved to Genesee Street to be closer to the scene if needed. He says he was on Genesee when he heard another radio transmission, this one of "officer down."
Upon hearing this, the officer says he then put on his lights and sirens and headed swiftly toward the Neilson Street area. It was on his way that he heard the BOLO (Be On the Look Out for) for the red Neon. He says he headed down John Street in Utica, when he observed a Red Neon on the side of the road facing north, and travelling at a high rate of speed, he sped past the vehicle. However, he says he did notices a male and female of hispanic descent were standing in the road with the driver side door open.
Fernalld says he turned around believing it to be the suspect vehicle, parked his car and then he approached the male and female outside the car. He said the male pleaded "I didn't do it" as Officer Fernalld approached.
Fernalld drew his weapon and ordered them to the ground, and he says he let headquarters know he was "out with the suspect vehicle." He says that it was only about 10 seconds that transpired from him exiting his car to the male and female being ordered to the ground.
At this time, other people had exited the church on John Street. The Officer says those people did not interfere and that he did not ask THEM to get to the ground; only the original male and female he found at the scene.
The Officer says his sergeant then arrived at the scene, and while she kept other people away from the area, he frisked the male and found no weapons. He describes the male as wearing a dark colored hat, baseball cap, and jeans.
After frisking the male, Officer Fernalld says the male and female were handcuffed and it was at that time that two ziploc bags fell from the male's person, which looked, to him, to be marijuana. Another ziploc contained several empty, smaller, ziploc baggies.
A parole officer who had since arrived to the scene, helped remove items from the male's pocket, which included a baggie with an offwhite chunky substance, which the officer said he recognized as crack-cocaine.
Officer Fernalld says at this point, he still had not learned the identity of this person.
As the male and female were being taken into custody, Officer Fernalld said that the male yelled "a black guy in a hoodie did it." When taken back to the patrol vehicle, Fernalld said the male remained in a hysterical state.
The D.A. has handed over a brown paper bag to the officer, which the officer says is an evidence bag. The officer pulls a baseball cap out of the bag, which he identifies as the hat recovered from the male suspect that night.
After that, the Officer remained on scenem securing the "crime scene" on John Street.
Officer Fernalld said that the scene was "chaotic," with numerous officers joining him at the scene shortly after the arrest. He said that it was pointed out to him at the scene (though he could not recall by whom) that there was blood and pieces of brain matter on the side of the Neon's door.
At a later point in the evening, Officer Fernalld went back to his patrol vehicle, he said, where he found what the D.A. referred to as "items." Handing over another evidence bag to the Officer, he finds a pack of Newports, and a New York State Benefits Card.
The D.A. asks if the items were placed in his patrol car by him. He says no, and mentions that the benefit card belonged to a Naomi Diaz. He then says, after being asked by the D.A. that he later learned the identity of the two people he had handcuffed and arrested as Naomi Diaz and Sammy Rivera.
More evidence begins making its way out as the D.A. presents Officer Fernalld with more brown bags and asking him to look inside. The Officer pulled out a jacket worn by Sammy Rivera when the Officer stopped him and arrested him.
He says his Zone that night was North Utica. He was patrolling that zone without a partner, he said. This Zone (Zone 58) is not his normal zone, but he explains that he, like several other officers get rotating zone shifts.
He says that night he was by the recyclying center on Wurz Ave and Leland Ave, working on reports in his car when he heard a radio transmission about a vehicle stop. Fernalld says that shortly after hearing about the red neon traffic stop, he then heard the call of shots fired.
Fernalld says he then moved toward Genesee Street, but was not dispatched to Neilson Street. He said he just moved to Genesee Street to be closer to the scene if needed. He says he was on Genesee when he heard another radio transmission, this one of "officer down."
Upon hearing this, the officer says he then put on his lights and sirens and headed swiftly toward the Neilson Street area. It was on his way that he heard the BOLO (Be On the Look Out for) for the red Neon. He says he headed down John Street in Utica, when he observed a Red Neon on the side of the road facing north, and travelling at a high rate of speed, he sped past the vehicle. However, he says he did notices a male and female of hispanic descent were standing in the road with the driver side door open.
Fernalld says he turned around believing it to be the suspect vehicle, parked his car and then he approached the male and female outside the car. He said the male pleaded "I didn't do it" as Officer Fernalld approached.
Fernalld drew his weapon and ordered them to the ground, and he says he let headquarters know he was "out with the suspect vehicle." He says that it was only about 10 seconds that transpired from him exiting his car to the male and female being ordered to the ground.
At this time, other people had exited the church on John Street. The Officer says those people did not interfere and that he did not ask THEM to get to the ground; only the original male and female he found at the scene.
The Officer says his sergeant then arrived at the scene, and while she kept other people away from the area, he frisked the male and found no weapons. He describes the male as wearing a dark colored hat, baseball cap, and jeans.
After frisking the male, Officer Fernalld says the male and female were handcuffed and it was at that time that two ziploc bags fell from the male's person, which looked, to him, to be marijuana. Another ziploc contained several empty, smaller, ziploc baggies.
A parole officer who had since arrived to the scene, helped remove items from the male's pocket, which included a baggie with an offwhite chunky substance, which the officer said he recognized as crack-cocaine.
Officer Fernalld says at this point, he still had not learned the identity of this person.
As the male and female were being taken into custody, Officer Fernalld said that the male yelled "a black guy in a hoodie did it." When taken back to the patrol vehicle, Fernalld said the male remained in a hysterical state.
The D.A. has handed over a brown paper bag to the officer, which the officer says is an evidence bag. The officer pulls a baseball cap out of the bag, which he identifies as the hat recovered from the male suspect that night.
After that, the Officer remained on scenem securing the "crime scene" on John Street.
Officer Fernalld said that the scene was "chaotic," with numerous officers joining him at the scene shortly after the arrest. He said that it was pointed out to him at the scene (though he could not recall by whom) that there was blood and pieces of brain matter on the side of the Neon's door.
At a later point in the evening, Officer Fernalld went back to his patrol vehicle, he said, where he found what the D.A. referred to as "items." Handing over another evidence bag to the Officer, he finds a pack of Newports, and a New York State Benefits Card.
The D.A. asks if the items were placed in his patrol car by him. He says no, and mentions that the benefit card belonged to a Naomi Diaz. He then says, after being asked by the D.A. that he later learned the identity of the two people he had handcuffed and arrested as Naomi Diaz and Sammy Rivera.
More evidence begins making its way out as the D.A. presents Officer Fernalld with more brown bags and asking him to look inside. The Officer pulled out a jacket worn by Sammy Rivera when the Officer stopped him and arrested him.
Day One: Paramedics in such a hurry, supplies left in street
Daniel Yates, the Kunkel paramedic, who was at the scene of Neilson Street the night Officer Lindsey was shot, is now on the stand.
He says that Lindsey wasn't breathing at the time they had reached the scene, but that he did have a pulse. He says they put Lindsey on the heart monitor, and put a breathing tube down Lindsey's throat.
He said they noticed that Lindsey DID have a weapon on him, still in his holster. The gun was removed for the safety of the paramedics.
On the way to the hospital, Yates says they were ventillating him to facilitate breathing, as he was not breathing on his own.
Upon reaching St. Elizabeth, Yates said he stuck around even though Lindsey was then handed over to the care of doctors at the Medical Center. He says doctors worked on Lindsey for an hour before they pronounced him dead.
Yates was shown a photograph of the scene, which included blankets they used at the scene for covering Officer Lindsey. He describes Officer Lindsey's body as being about 5 feet away from the police car. From the photograph, that 5 feet appears to be around the middle of the street.
Paramedics were in such a hurry, Yates said, that they actually left medical supplies behind on the street, which were shown in the photograph.
The prosecution says they have no further questions, and defense has no questions, so Yates is excused.
He says that Lindsey wasn't breathing at the time they had reached the scene, but that he did have a pulse. He says they put Lindsey on the heart monitor, and put a breathing tube down Lindsey's throat.
He said they noticed that Lindsey DID have a weapon on him, still in his holster. The gun was removed for the safety of the paramedics.
On the way to the hospital, Yates says they were ventillating him to facilitate breathing, as he was not breathing on his own.
Upon reaching St. Elizabeth, Yates said he stuck around even though Lindsey was then handed over to the care of doctors at the Medical Center. He says doctors worked on Lindsey for an hour before they pronounced him dead.
Yates was shown a photograph of the scene, which included blankets they used at the scene for covering Officer Lindsey. He describes Officer Lindsey's body as being about 5 feet away from the police car. From the photograph, that 5 feet appears to be around the middle of the street.
Paramedics were in such a hurry, Yates said, that they actually left medical supplies behind on the street, which were shown in the photograph.
The prosecution says they have no further questions, and defense has no questions, so Yates is excused.
Day One: Recess draws to a close
We are slowly drawing to a close of the roughly hour-long recess that has been given. There is talk that Utica Police Chief C. Allen Pylman will take the stand this afternoon, but nothing to confirm if this will, in fact, happen today.
Chief Pylman has been seen the past few minute, in full dress-uniform, hanging to the back of the courtroom, so it does seem possible.
Chief Pylman has been seen the past few minute, in full dress-uniform, hanging to the back of the courtroom, so it does seem possible.
Day One: Officer Poccia Cross-Examined
Defense attorney Rebecca Wittman asks Officer Poccia if he had seen anyone fleeing the scene either by foot or by vehicle from the scene, to which he responds "no."
This is a question that she has asked every officer this morning who said they responded to the scene.
She asks if Poccia was involved in the transportation of anyone arrested that night who gave depositions at the police station.
Poccia's deposition has now been handed over to him by Wittman. She asks him to recall something he said in it, which he responds was not in his deposition, but was in a different document.
She asks him if he was the one who canvassed the area at 11:30, which he says he was.
A recess is then taken until. 1:55 p.m.
This is a question that she has asked every officer this morning who said they responded to the scene.
She asks if Poccia was involved in the transportation of anyone arrested that night who gave depositions at the police station.
Poccia's deposition has now been handed over to him by Wittman. She asks him to recall something he said in it, which he responds was not in his deposition, but was in a different document.
She asks him if he was the one who canvassed the area at 11:30, which he says he was.
A recess is then taken until. 1:55 p.m.
Day One: Those outside at scene saw nothing
Officer David Poccia has taken the stand, and states he was working with Officer Nash that night. He says Nash was the driver that night.
He recalls the evening's events, and says that as they heard the radio transmission about the shots fired on Nielson Street as they were en route to a traffic stop in the same area, Nash turned on the lights and sirens and headed to the scene.
Prosecution asks if Poccia recognizes the aerial photograph of the 1100 block of Nielson Street, showing the direction in which he and Nash made their way to the scene.
He says that as they reached Nielson, they could see the emergency lights atop Officer Lindsey's patrol car flashing, and that it was the only vehicle on the block at that point. He recalls, they saw a figure on the ground, which as they got closer, he says, it became more recognizable as a police officer.
Poccia says that Nash then shouted "It's Tommy!" as they, in their own patrol car, got closer to the scene. Poccia then radioed to headquarters that an officer was down.
He says he kneeled down to Officer Lindsey and "could see it was pretty bad." He says he observed the same trauma Nash described.
When asked if he noticed if Lindsey had his gun on him at that point, Poccia can not recall. As he kneels down near him, Poccia says he noticed people on a porch of a nearby residence. Poccia says that he went up to the people and questioned them, and asked if they had seen anything. He said they responded that they had heard the shots fired, but hadn't seen anything.
Poccia says that while he was doing this, Nash was with Officer Lindsey, and the two had attempted to perform CPR until the Kunkel Ambulance had arrived.
He describes Lindsey as being quickly removed from the scene, and says he then noticed a Jonas Patterson and Calvin Brown standing nearby on the corner of Mortimer. Poccia asked them if they had seen anything, to which they responded "no."
Poccia says he then talked to residents, none of which were able to provide any information other than that they heard the shots.
He recalls the evening's events, and says that as they heard the radio transmission about the shots fired on Nielson Street as they were en route to a traffic stop in the same area, Nash turned on the lights and sirens and headed to the scene.
Prosecution asks if Poccia recognizes the aerial photograph of the 1100 block of Nielson Street, showing the direction in which he and Nash made their way to the scene.
He says that as they reached Nielson, they could see the emergency lights atop Officer Lindsey's patrol car flashing, and that it was the only vehicle on the block at that point. He recalls, they saw a figure on the ground, which as they got closer, he says, it became more recognizable as a police officer.
Poccia says that Nash then shouted "It's Tommy!" as they, in their own patrol car, got closer to the scene. Poccia then radioed to headquarters that an officer was down.
He says he kneeled down to Officer Lindsey and "could see it was pretty bad." He says he observed the same trauma Nash described.
When asked if he noticed if Lindsey had his gun on him at that point, Poccia can not recall. As he kneels down near him, Poccia says he noticed people on a porch of a nearby residence. Poccia says that he went up to the people and questioned them, and asked if they had seen anything. He said they responded that they had heard the shots fired, but hadn't seen anything.
Poccia says that while he was doing this, Nash was with Officer Lindsey, and the two had attempted to perform CPR until the Kunkel Ambulance had arrived.
He describes Lindsey as being quickly removed from the scene, and says he then noticed a Jonas Patterson and Calvin Brown standing nearby on the corner of Mortimer. Poccia asked them if they had seen anything, to which they responded "no."
Poccia says he then talked to residents, none of which were able to provide any information other than that they heard the shots.
Day One: Officer Nash saw no one leave the scene
Officer Nash is asked about the people he saw on the porch. He says there were roughly 2 or 3 people on the porch.
Defense asks more about there response to what they saw, which he reiterates, was nothing. She asks about his response to the scene, originally being for the traffic stop back-up.
Nash says that by the time he got there the "shots fired" call had gone out. Defense asks if he had seen any individual on foot or by vehicle, leaving the scene.
Defense asks more about there response to what they saw, which he reiterates, was nothing. She asks about his response to the scene, originally being for the traffic stop back-up.
Nash says that by the time he got there the "shots fired" call had gone out. Defense asks if he had seen any individual on foot or by vehicle, leaving the scene.
Day One: Officers Nash and Poccia found the body
Patrolman Jeremy Nash has taken the stand. He says he has worked with UPD for 3 1/2 years.
He says he was working the 4 p.m. - Midnight shift that night in April, assigned to Car 59, which is a City Wide car, much like Rizanovic's. He describes it as a car that can be dispatched anywhere in the city, unlike a Zone car, which has a particular area to patrol.
He says he was with Officer Poccia that night, when he heard a radio transmission from Officer Lindsey, who he had known for 2 1/2 years at that point. He says that Lindsey had called in the traffic stop, and then Nash completed the sector check in Proctor Park and proceeded to Lindsey's location to offer backup.
Nash says that there is often a sense of more urgency in backup response for traffic stops in "high risk" areas, such as Zone 57.
He says that while in route, he heard the "shots fired" call in the same area Officer Lindsey was in, thus speeding up his response to the scene.
Nash is then shown the aerial map of the 1100 block of Nielson Street. The prosecution then points out Eagle Street and Mortimer Street.
When arriving at the scene, he saw Lindsey's emergency lights on the vehicle, but no car in front of the police vehicle. Upon approaching the vehicle, Nash says that he looked to his left and saw a body laying on the ground.
"At first sight, no...as i got up next to the body, i could tell it was Officer Lindsey," Nash said.
Nash then told Officer Poccia who it was and they radioed that an officer was down, and ran to the body, which he says was on its back, with his arms at the side, his head facing northeast.
Nash said he called out to Officer Lindsey, heard a slight gurgle, saw the officer's eyes move, and that was it. He said he yelled to people out on a porch if they had seen anything, to which they said no.
He then stayed with Officer Lindsey and noticed trauma to the right side of the head, which he says appeared to be a gunshot wound and brain matter.
Nash says he then started a canvassing of the area and suggesting checking out the computer in Lindsey's patrol vehicle for any names recently ran through that might help the investigation.
Nash describes Lindsey as someone who followed procedure meticulously. Prosecution now shows Nash some photographs of the interiort of Lindsey's vehicle from various angles. Nash says that when he went to check the computer screen in Lindsey's vechile, that the screen was illuminated, with information on the screen.
Prosecution then tried to show a picture of the information that was on that screen that night. Though the photograph was fuzzy, it showed a check on a warrant for Ishmael Rivera for an open container.
He says he was working the 4 p.m. - Midnight shift that night in April, assigned to Car 59, which is a City Wide car, much like Rizanovic's. He describes it as a car that can be dispatched anywhere in the city, unlike a Zone car, which has a particular area to patrol.
He says he was with Officer Poccia that night, when he heard a radio transmission from Officer Lindsey, who he had known for 2 1/2 years at that point. He says that Lindsey had called in the traffic stop, and then Nash completed the sector check in Proctor Park and proceeded to Lindsey's location to offer backup.
Nash says that there is often a sense of more urgency in backup response for traffic stops in "high risk" areas, such as Zone 57.
He says that while in route, he heard the "shots fired" call in the same area Officer Lindsey was in, thus speeding up his response to the scene.
Nash is then shown the aerial map of the 1100 block of Nielson Street. The prosecution then points out Eagle Street and Mortimer Street.
When arriving at the scene, he saw Lindsey's emergency lights on the vehicle, but no car in front of the police vehicle. Upon approaching the vehicle, Nash says that he looked to his left and saw a body laying on the ground.
"At first sight, no...as i got up next to the body, i could tell it was Officer Lindsey," Nash said.
Nash then told Officer Poccia who it was and they radioed that an officer was down, and ran to the body, which he says was on its back, with his arms at the side, his head facing northeast.
Nash said he called out to Officer Lindsey, heard a slight gurgle, saw the officer's eyes move, and that was it. He said he yelled to people out on a porch if they had seen anything, to which they said no.
He then stayed with Officer Lindsey and noticed trauma to the right side of the head, which he says appeared to be a gunshot wound and brain matter.
Nash says he then started a canvassing of the area and suggesting checking out the computer in Lindsey's patrol vehicle for any names recently ran through that might help the investigation.
Nash describes Lindsey as someone who followed procedure meticulously. Prosecution now shows Nash some photographs of the interiort of Lindsey's vehicle from various angles. Nash says that when he went to check the computer screen in Lindsey's vechile, that the screen was illuminated, with information on the screen.
Prosecution then tried to show a picture of the information that was on that screen that night. Though the photograph was fuzzy, it showed a check on a warrant for Ishmael Rivera for an open container.
Day One: Rizanovic couldn't identify Rivera
Defense attorney Rebecca Wittman questions Rizanovic about his inability to identify the driver of the Neon.
When asked if to this day of Sammy Rivera, is in fact the driver he saw, Rizanovic says "no."
She says that when he gave the officers his statement of events, that he gave the same statement today about what he COULD see about the driver. When she asks him if she got a clear look at the driver during the stop, he says "It was a BRIEF stop."
"But it was a stop," she says.
She emphasizes, and he agrees, that he was able to see the face of the driver, which he described as a white male, or a light-skinned hispanic male, 25 years old. He says that in his deposition that the hair looked black and curly, close-cropped.
He says that he was not able to accurately identify the clothes the driver was wearing, saying possible a denim shirt or jacket.
Wittman asks him how much time passed between him leaving Lindsey at the scene of the traffic stop and getting the call of "Officer Down," but Rizanovic can't remember.
When she asks how much time it took him to return to the scene, he says 30 seconds. Wittman then pulls out an aerial map of the City of Utica used earlier. She asks him to identify Mohawk Street, and then the intersection of Mohawk and Eagle Streets. He does so on a digital map that allows marking that the jury as well as attorney's can see on a large monitor.
He then shows where Eagle intersects Nielson, reiterating his statement that he said it took him 30 seconds.
He says he observed nothing on his way over there. Specifically asked if he saw anyone fleeing a scene, he responds "no."
He testifies that Lindsay's Zone was always Zone 57. She asks if Lindsey had any routine that would put him in the area of Nielson between 9 and 9:30 p.m. He is then excused from the stand.
When asked if to this day of Sammy Rivera, is in fact the driver he saw, Rizanovic says "no."
She says that when he gave the officers his statement of events, that he gave the same statement today about what he COULD see about the driver. When she asks him if she got a clear look at the driver during the stop, he says "It was a BRIEF stop."
"But it was a stop," she says.
She emphasizes, and he agrees, that he was able to see the face of the driver, which he described as a white male, or a light-skinned hispanic male, 25 years old. He says that in his deposition that the hair looked black and curly, close-cropped.
He says that he was not able to accurately identify the clothes the driver was wearing, saying possible a denim shirt or jacket.
Wittman asks him how much time passed between him leaving Lindsey at the scene of the traffic stop and getting the call of "Officer Down," but Rizanovic can't remember.
When she asks how much time it took him to return to the scene, he says 30 seconds. Wittman then pulls out an aerial map of the City of Utica used earlier. She asks him to identify Mohawk Street, and then the intersection of Mohawk and Eagle Streets. He does so on a digital map that allows marking that the jury as well as attorney's can see on a large monitor.
He then shows where Eagle intersects Nielson, reiterating his statement that he said it took him 30 seconds.
He says he observed nothing on his way over there. Specifically asked if he saw anyone fleeing a scene, he responds "no."
He testifies that Lindsay's Zone was always Zone 57. She asks if Lindsey had any routine that would put him in the area of Nielson between 9 and 9:30 p.m. He is then excused from the stand.
Day One: Rizanovic takes the stand
Officer Rizanovic has now taken the stand and is being questioned by the prosecution. Rizanovic drove a city-wide patrol, and heard the radio call from Lindsey about the traffic stop that night in April, along with a message of "unknown occupants" in the car.
Rizanovic says that he responded for backup, something that they always do when there are "unknown occupants." He proceeded from Elm Street where he was to Nielson and Mortimer where the traffic stop was called in, a trip that took about 30 seconds, he said.
Rizanovic recalls Lindsey calling in the description of the Red Dodge Neon, seeing Officer French go by the scene as well.
Rizanovic says he waited at the scene, saying "Hi" to Officer French as he drove by. He spoke to Lindsey, teasing him about how far away from the curb he had pulled the car over. He said that Lindsey told Rizanovic "I'm all set." Rizanovic says he took this to mean that Officer Lindsey was all set.
Rizanovic says that he had known Lindsey for a long time, even training with him, and that he had backed up Lindsey numerous times before at traffic stops, but that this particular rainy evening, he did not back him up, because Lindsey had said he was "all set."
Rizanovic then proceeded Northbound on Nielson, passing the Dodge Neon, saying he observed a white male, 25 years old, puffy cheeks, black hair in the car as he drove by, but that the individual was looking away from him at the time.
Rizanovic then went to the area of South Street when he heard a dispatch to 1100 block of Nielson Street, where he just was, for a call of shots fired. He says he turned around and went back, with lights and sirens. On his way there, he heard a radio transmission of "Officer Down," which he says means an officer has been shot.
He proceeded to the scene, and upon arrival, he says he stood by, watching a lot of police vehicles on the scene, and awaited directions.
The next radio communication he heard, he said, was the BOLO for the Red Dodge Neon, that Officer Lindsey has just stopped. He then heard that the vehicle had been stopped on John Street...which he describes as about 15 seconds from the 1100 block of Nielson Street.
Arriving at John Street, he saw the Red Dodge Neon and numerous police vehicles, he said. He describes the scene as "chaotic," and says that while he had no confirmation, he had an idea, based on just passing him on the same street, that Lindsey was the officer down.
When asked by prosecution, he describes Lindsey's demeanor just minutes before as "relaxed."
Officer Rizanovic then says he was asked to take an elderly woman to the station at that point, which he proceeded to do.
He says that upon seeing Sammy Rivera, he told police that it was not the driver vehicle he had seen.
Rizanovic says that he responded for backup, something that they always do when there are "unknown occupants." He proceeded from Elm Street where he was to Nielson and Mortimer where the traffic stop was called in, a trip that took about 30 seconds, he said.
Rizanovic recalls Lindsey calling in the description of the Red Dodge Neon, seeing Officer French go by the scene as well.
Rizanovic says he waited at the scene, saying "Hi" to Officer French as he drove by. He spoke to Lindsey, teasing him about how far away from the curb he had pulled the car over. He said that Lindsey told Rizanovic "I'm all set." Rizanovic says he took this to mean that Officer Lindsey was all set.
Rizanovic says that he had known Lindsey for a long time, even training with him, and that he had backed up Lindsey numerous times before at traffic stops, but that this particular rainy evening, he did not back him up, because Lindsey had said he was "all set."
Rizanovic then proceeded Northbound on Nielson, passing the Dodge Neon, saying he observed a white male, 25 years old, puffy cheeks, black hair in the car as he drove by, but that the individual was looking away from him at the time.
Rizanovic then went to the area of South Street when he heard a dispatch to 1100 block of Nielson Street, where he just was, for a call of shots fired. He says he turned around and went back, with lights and sirens. On his way there, he heard a radio transmission of "Officer Down," which he says means an officer has been shot.
He proceeded to the scene, and upon arrival, he says he stood by, watching a lot of police vehicles on the scene, and awaited directions.
The next radio communication he heard, he said, was the BOLO for the Red Dodge Neon, that Officer Lindsey has just stopped. He then heard that the vehicle had been stopped on John Street...which he describes as about 15 seconds from the 1100 block of Nielson Street.
Arriving at John Street, he saw the Red Dodge Neon and numerous police vehicles, he said. He describes the scene as "chaotic," and says that while he had no confirmation, he had an idea, based on just passing him on the same street, that Lindsey was the officer down.
When asked by prosecution, he describes Lindsey's demeanor just minutes before as "relaxed."
Officer Rizanovic then says he was asked to take an elderly woman to the station at that point, which he proceeded to do.
He says that upon seeing Sammy Rivera, he told police that it was not the driver vehicle he had seen.
Day One: Cross-Examining Patrolman Brian French
Rebecca Wittman is cross examining Officer French, asking if he's always Car 51. He says no, that his car and zone changes.
She asks if Zone 57 is a busy or dangerous section? He says "Busy, yeah." Zone 57 encompasses a good portion of the Cornhill Area in Utica.
Wittman reiterates Officer French's inability to clearly see Rivera during his driveby of the traffic spot.
She now is talking about role call, and any habits, patterns that might have put Lindsey at Nielson Street earlier in the evening. She, like the prosecution before, asks if there was any communication between French and Officer Lindsey be it via radio or discussion. French says no.
She asks if French had heard a "Code 4," at some point. He says "No."
She then asks if any procedure requires him to call in making a drive-by to "check up" on another officer's stop. He says no, only if he stops to assist.
Wittman brings up that at some point French learned of Rivera being under arrest, but when asked if he had ever been showed a photo of Rivera, he says "i'm not sure." The same answer when asked if he was ever shown a photo of Cirino.
At John Street, he did not see an individual beign taken into custody. Later at the station, he says, he saw Rivera in custody but could not tell if it was the driver of the car stopped by Lindsey.
She brings up French's deposition, that in it he described the driver of Lindsey's stop as a "chubby, white or hispanic male, clean shaven." Wittman asks him to be more specific about Rivera's description, but French says he can't.
She once again asks if when she drove by if he had any communication with Lindsey or just a gesture. French responds "just a gesture." She then asks about distance between him and the Neon as he went by, to which he says about 10 feet.
Prosecution then asks if shone any light on the driver as he went by or if the French had seen anything other than the driver's profile as he drove by, or if he had came to a full stop, emphasizing that French had coasted by, unable to get a good look.
The Officer then moves down from the stand.
She asks if Zone 57 is a busy or dangerous section? He says "Busy, yeah." Zone 57 encompasses a good portion of the Cornhill Area in Utica.
Wittman reiterates Officer French's inability to clearly see Rivera during his driveby of the traffic spot.
She now is talking about role call, and any habits, patterns that might have put Lindsey at Nielson Street earlier in the evening. She, like the prosecution before, asks if there was any communication between French and Officer Lindsey be it via radio or discussion. French says no.
She asks if French had heard a "Code 4," at some point. He says "No."
She then asks if any procedure requires him to call in making a drive-by to "check up" on another officer's stop. He says no, only if he stops to assist.
Wittman brings up that at some point French learned of Rivera being under arrest, but when asked if he had ever been showed a photo of Rivera, he says "i'm not sure." The same answer when asked if he was ever shown a photo of Cirino.
At John Street, he did not see an individual beign taken into custody. Later at the station, he says, he saw Rivera in custody but could not tell if it was the driver of the car stopped by Lindsey.
She brings up French's deposition, that in it he described the driver of Lindsey's stop as a "chubby, white or hispanic male, clean shaven." Wittman asks him to be more specific about Rivera's description, but French says he can't.
She once again asks if when she drove by if he had any communication with Lindsey or just a gesture. French responds "just a gesture." She then asks about distance between him and the Neon as he went by, to which he says about 10 feet.
Prosecution then asks if shone any light on the driver as he went by or if the French had seen anything other than the driver's profile as he drove by, or if he had came to a full stop, emphasizing that French had coasted by, unable to get a good look.
The Officer then moves down from the stand.
Day One: Patrolman Brian French Testifies
French tells the proseuction he has been with the UPD for 3 1/2 years, and is currently assigned to patrol division.
French says he worked 4 p.m. - Midnight on that day in April when Lindsey was shot. The City of Utica is divided into a series of zones, we're told. He was in Car 51, which is Zone 51 - Downtown Utica.
French says he was on patrol around 9 p.m. at Eagle and Kembell Streets that night. That night, he says, he saw Car 57, which he knew to be Lindsey in that car that night.
French says he knew Thomas Lindsey. French says that at the scene, he saw Lindsey's car at Kembell Street at a light, with another car in front of him. French then followed them both onto Park Ave from Eagle Street.
He said he did so just in case Lindsey needed backup, as it is an area that might ordinarily need backup. He says that Lindsey and the other vehicle then went on to Rutger Street. When it appeared to French that Lindsey was not going to pull over the vehicle, French headed onto Hopper.
As the prosecution (A.D.A. Coluzza) decides to show evidence, the Judge explains what "entering in" evidence means to the jury.
Coluzza shows the Patrolman an overhead map of the City of Utica. On the map, Patrolman French is asked to point out where he first encountered Lindsey's vehicle. After readjusting focus so the officer could read the street names, the officer indicates Eagle and Kemball on the map, and then shows the route Officer Lindsey's car took after the light.
French says that a radio call from Lindsey indicated a vehicle stop some time after he French had seen him at the light.
French says that Lindsey gave the number of occupants in the stopped car, and French then proceeded to the scene of the stop to offer backup assistance, even showing on the digital map the route he took to get to Officer Lindsey at the time. He is having some slight trouble, as the map doesn't have all the street names on it.
French says that as he went by, he made eye contact with Officer Lindsey, who turned around and saw that it was French. French says Lindsey did not seem in distress at all, and shook his head to indicate French could continue on his way, that no help was needed.
French then proceeded onward, and noticed another patrol car coming down the street as well - driven by an Officer Rizanovic.
French says that as he continued onward, he got an urgent call about shots fired in the 1100 Block of Nielson Street where he just was. He then turned around to head back to the scene. While he was driving, French says, he heard another officer call "Officer Down," which caused him to drive even faster to the scene.
French says that he was on South Street when he heard an investigator on the radio say Nielson Street needed to be shut down, and once they gave out the license and registration number of the vehicle Lindsey had jsut stopped, the address came back as an owner at Seymour Ave. Officer French then headed to Seymour Ave, but then heard that another Officer had the vehicle stopped elsewhere.
Upon arriving, French says several units were already there, and an investigator was there with a female, who was placed into handcuffs and put into a patrol car.
French says he had learned Officer Lindsey was dead, but does not quite recall how the knowledge came to him exactly.
The prosecution saw Sammy Rivera at the police station, but because he had not gotten a clear look of Sammy Rivera when he drove by Officer Lindsey's traffic stop, he did not recognize him.
French says he worked 4 p.m. - Midnight on that day in April when Lindsey was shot. The City of Utica is divided into a series of zones, we're told. He was in Car 51, which is Zone 51 - Downtown Utica.
French says he was on patrol around 9 p.m. at Eagle and Kembell Streets that night. That night, he says, he saw Car 57, which he knew to be Lindsey in that car that night.
French says he knew Thomas Lindsey. French says that at the scene, he saw Lindsey's car at Kembell Street at a light, with another car in front of him. French then followed them both onto Park Ave from Eagle Street.
He said he did so just in case Lindsey needed backup, as it is an area that might ordinarily need backup. He says that Lindsey and the other vehicle then went on to Rutger Street. When it appeared to French that Lindsey was not going to pull over the vehicle, French headed onto Hopper.
As the prosecution (A.D.A. Coluzza) decides to show evidence, the Judge explains what "entering in" evidence means to the jury.
Coluzza shows the Patrolman an overhead map of the City of Utica. On the map, Patrolman French is asked to point out where he first encountered Lindsey's vehicle. After readjusting focus so the officer could read the street names, the officer indicates Eagle and Kemball on the map, and then shows the route Officer Lindsey's car took after the light.
French says that a radio call from Lindsey indicated a vehicle stop some time after he French had seen him at the light.
French says that Lindsey gave the number of occupants in the stopped car, and French then proceeded to the scene of the stop to offer backup assistance, even showing on the digital map the route he took to get to Officer Lindsey at the time. He is having some slight trouble, as the map doesn't have all the street names on it.
French says that as he went by, he made eye contact with Officer Lindsey, who turned around and saw that it was French. French says Lindsey did not seem in distress at all, and shook his head to indicate French could continue on his way, that no help was needed.
French then proceeded onward, and noticed another patrol car coming down the street as well - driven by an Officer Rizanovic.
French says that as he continued onward, he got an urgent call about shots fired in the 1100 Block of Nielson Street where he just was. He then turned around to head back to the scene. While he was driving, French says, he heard another officer call "Officer Down," which caused him to drive even faster to the scene.
French says that he was on South Street when he heard an investigator on the radio say Nielson Street needed to be shut down, and once they gave out the license and registration number of the vehicle Lindsey had jsut stopped, the address came back as an owner at Seymour Ave. Officer French then headed to Seymour Ave, but then heard that another Officer had the vehicle stopped elsewhere.
Upon arriving, French says several units were already there, and an investigator was there with a female, who was placed into handcuffs and put into a patrol car.
French says he had learned Officer Lindsey was dead, but does not quite recall how the knowledge came to him exactly.
The prosecution saw Sammy Rivera at the police station, but because he had not gotten a clear look of Sammy Rivera when he drove by Officer Lindsey's traffic stop, he did not recognize him.
Day One: Testimony Begins...
The recess is over. The people have now called Patrolman Brian French of the Utica Police Department to the stand as their first witness. He is beign sworn in now.
Day One: A short recess before testimony
Defense Attorney Rebecca Wittman has ended her opening remarks to the jury, and with that, the judge has granted a small recess before the first witness is called for testimony.
Day One: Defense; "Rivera is a liar"
Wittman says it doesn't matter what the police think, or what the rest of the world thinks. That it doesn't matter what she and the prosecution argue as they interpret testimony.
"It's all about the witnesses...and you," Wittman tells the jury.
While Proseuction said Rivera was important, but not the be-all-end-all witness in this case, Wittman tells them that the people's case DOES revolve around Sammy Rivera being the driver of the Red Neon being alone in the vehicle, with the exception of the baby.
She says that because of Rivera's problems and "lack of telling the truth," that he will "spin" his retelling of the event so much that "you will believe his story."
Wittman says the Prosecution wants the jury to feel sorry for Rivera that "he had to witness this, that he had to be arrested."
She goes on to say that the prosecution themselves will say that Rivera was lying, and with that "the smidges start coming out of the woodwork." She tells the jury to ask themselves if this testimony shows them that the 2 minute window from a "Code 4" to Lindsey's death allowed for a "planned execution."
Wittman then asks the jury not to allow the witnesses to blur together, to listen carefully, and to remember that those testifying are "not to bear false witness."
"If you lie about the small things, you will most certainly lie about the big things," she said. "And it does not get any bigger as a police officer getting shot and falling on your car."
She then asks them to remember if they woke up and picked up the newspaper or watched the news and saw that Lindsey had been killed the night before.
The translator continues to translate all of this to Flaco, who just watches his attorney speak.
Wittman says that many people woke up that morning and "knew what happened, and knew who did it." She then goes on to say "Does knowing what happened mean you did it?"
"It's all about the witnesses...and you," Wittman tells the jury.
While Proseuction said Rivera was important, but not the be-all-end-all witness in this case, Wittman tells them that the people's case DOES revolve around Sammy Rivera being the driver of the Red Neon being alone in the vehicle, with the exception of the baby.
She says that because of Rivera's problems and "lack of telling the truth," that he will "spin" his retelling of the event so much that "you will believe his story."
Wittman says the Prosecution wants the jury to feel sorry for Rivera that "he had to witness this, that he had to be arrested."
She goes on to say that the prosecution themselves will say that Rivera was lying, and with that "the smidges start coming out of the woodwork." She tells the jury to ask themselves if this testimony shows them that the 2 minute window from a "Code 4" to Lindsey's death allowed for a "planned execution."
Wittman then asks the jury not to allow the witnesses to blur together, to listen carefully, and to remember that those testifying are "not to bear false witness."
"If you lie about the small things, you will most certainly lie about the big things," she said. "And it does not get any bigger as a police officer getting shot and falling on your car."
She then asks them to remember if they woke up and picked up the newspaper or watched the news and saw that Lindsey had been killed the night before.
The translator continues to translate all of this to Flaco, who just watches his attorney speak.
Wittman says that many people woke up that morning and "knew what happened, and knew who did it." She then goes on to say "Does knowing what happened mean you did it?"
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