Sergio De La Pava - A Naked Singularity

Q When you were out there ten minutes before you observed the defendant there, what was the condition of the van?

A The same way I left it when I pulled up that afternoon, brand new.

Q When you first came out of the church about 11:30, what was the first thing that you observed that alerted your attention that someone was in the van?

A Broken glass all on the ground.

Q Do you know where the glass came from?

A The driver’s side window.

Q You looked inside the van?

A Yes.

Q Can you tell the members of the jury and the Court what window you were looking through?

A I approached the van on the driver’s side, swung real wide so I would come around and look through the hole where the window was of the van, so I could see totally inside the van.

Q When you looked inside the van and you saw the defendant, what part of his body did you see?

A I saw his back. That’s why — I didn’t see his hands immediately. That’s why I didn’t say anything. I don’t know if he had a gun or a stick or something.

DEFENSE COUNSEL: Objection. Not responsive

Q I’m going to ask you to testify to what you saw. Don’t speculate.

A I saw his back.

Q Now after you saw — withdrawn. When you exited the church what side of the van is closest to the front of the church?

A The driver’s side.

Q Which window was broken?

A The driver’s side.

Q When you say it was broken, can you just give us a fuller description of what you mean?

A It was smashed out totally.

Q Was there any other damage to that side of the vehicle?

A No.

Q When you first saw the defendant what part of the van was he in?

A The back part of the van.

Q In the back part of the van there are windows?

A There’s two more windows. There’s a passenger window, two cargo windows on the side and two more windows of the back door.

Q Are you able to see the equipment that’s inside from the cargo window?

A Yes.

Q The equipment that you just described as being in the van. What part of the van was that in?

A Between the cargo doors and the back doors.

Q Is that the same area where you observed the defendant?

A Yes.

Q When you saw the defendant with his back faced to you, what’s the first thing you saw him doing?

A He was rustling around in the back of the van.

Q When you say rustling around what was he rustling around with?

A He had a light in one hand. He was moving things with the other hand.

Q Can you describe the light that you saw him holding?

A It’s a tripod light with two thousand watt light bulbs on both sides which we had purchased to do that job with.

Q I’m going to be showing you what’s previously been marked as Exhibit 1 and 2 for identification. And I’m going to ask Your Honor that two additional photographs be marked as Exhibit 4 and 5 for identification.

(Whereupon, exhibits are marked 4 and 5 for identification.)

Q I’m going to ask you to take a look at 1, 2, 4 and 5 for identification.

Do you recognize those photographs?

A Yes.

Q What do you recognize those photographs1, 2, 4, and 5 to be?

A This is the inside of the work van. On the last two pictures I’m holding here are the cargo side doors where someone had tried to pry open the latch that opens the cargo window of the van.

Q Are those photographs a fair and accurate depiction of what the van looked like and what the outside appearance of the van was on April 27th of last year?

A Yes.

Q Now, after you saw the defendant holding the light you’ve described you mentioned that you had said something to him?

A Yes.

Q And after you had said something to him, what did he do with the light?

A He had put it down.

Q In addition to the broken driver’s side window, did you observe any other damage to the van?

A Yes, I did.

Q And what other damage did you observe to the car, to the van?

A That would be the dents that are shown in the picture. The best one would be number 4.

Q Where are those dents?

A They’re right underneath the edge of the window on the crease of the metal of the door.

Q The doors you’re referring to, are those the driver and passenger doors?

A No. Those are the cargo doors.

Q The dents, can you give us more specific description of where those dents were located?

A They’re on the door — there’s a latch, a black latch that you push the window out. The dents are located right underneath where that latch would be if you tried to stick something underneath that window and pry open the window enough to push the latch up. That’s where the lock to the door is located there. Right on that door.

Q Can you describe what the condition of the paint surrounding that area was?

A It was all chipped. It was dented and chipped.

Q What color is the van?

A The van is white.

Q After that you testified that you had called the police?

A I went in, brought the gentleman into the church where we had made him sit down in a pew, alerted my boss that this was the gentleman I had pulled out of the van.

Q Did there come a time when the police officer arrived?

A Absolutely.

Q How soon after you had observed the defendant in the back part of the van did you see him?

A Ten minutes.

Q When you saw — when the police arrived did you have an opportunity to see the defendant in the custody of the police?

A Yes.

Q Did you see the police recover anything from the defendant?

A He had a bent screwdriver in his hand.

Q I’m going to be showing you what’s been marked as People’s Exhibit 3 for identification. Let the record reflect I’m showing Exhibit 3 to defense counsel. Mr. Bolo, do you recognize Exhibit 3.

A Exhibit 3 is the screwdriver.

Q How do you recognize that screwdriver?

A That’s the one the officer pulled out of the gentleman’s pocket.

Q Is that in the same or substantially the same condition as the one you saw recovered from the defendant on April 27th?

A Yes.

Q Mr. Bolo, prior to April 27th had you ever seen the defendant before?

A No.

Q Are you a custodian of the van, the Dodge Chrysler that was parked here in Manhattan on 35th Street on April 27th?

A Yes.

Q Are you entrusted to operate and drive that van?

A Yes.

Q Are you entrusted to possess and load and use the equipment that was inside the van?

A Yes.

Q Now, did the defendant have permission and authority to damage the car?

A No.

Q In any way?

A No.

Q Did he have permission and authority to smash the driver’s side window?

A No.

Q Did he have permission and authority to scratch and dent the area near the cargo side, the cargo side windows?

A No.

Q Did he have permission and authority to be in possession of the spotlight that you saw him with?

A No.

Q Now, Mr. Bolo, the Dodge van that was parked at that location, is that van used solely for commercial purposes?

A That’s it.

Q And is that van used to drive employees from the headquarters to various job sites?

A Yes.

Q Is the equipment that’s stored at the back of the van, is that equipment that’s stored inside the church to do the remodeling?

A Yes.

Q That’s where the supplies and different equipment are kept?

A Yes.

MR.McSLAPPAHAN: Your Honor, at this time I would like to move into evidence People’s Exhibits 1 through 5, and I have no further questions for this witness.

DEFENSE COUNSEL: I need to voir dire on 1, 2, 4, and 5.

THE COURT: No objection to 3 coming into evidence?

DEFENSE COUNSEL: No objection

THE COURT: Then it is so received.

(Whereupon, exhibit is marked People’s 3 in evidence.)