Sergio De La Pava - A Naked Singularity

VOIR DIRE EXAMINATION BY DEFENSE COUNSEL:

Q People’s Exhibits 1 and 2 are pictures of the inside of the van; is that correct?

A Yes.

Q Do you know when those pictures were taken?

A At the police station.

Q That same night?

A That same night.

Q You watched the pictures being taken?

A Yes.

Q Looking at these pictures it appears that some extraneous light was used doesn’t it?

A Yes. It’s the flash from the camera.

Q When you approached the van and found someone in it that was at 11:30 at night right?

A Yes.

Q So the inside of the van wasn’t as bright then as it appears to be in these pictures right?

A Yes, it was. The truck was parked directly underneath the only light in front of the church, the street light. It was pretty bright.

Q So the street light made the inside of the van as bright as it appears in this picture taken with a camera flash?

A No, not as bright as the camera flash.

Q Substantially darker correct?

A Yes.

Q And the same is true of Exhibits 4 and 5 which are pictures of the outside of the van is that correct?

A Yes.

Q So when you say that the pictures fairly and accurately depict what the van looked like on April 27th, you’re neglecting to mention that the pictures make the van and the area around the van appear brighter than they were on that night right?

A I said, the pictures are brighter.

DEFENSE COUNSEL: No objection.

THE COURT: 1, 2, 4 and 5 are received.

(Whereupon, Exhibits are marked as People’s 1 and 2 and 4 and 5 in evidence)

DEFENSE COUNSEL: May I inquire?

THE COURT: Yes.

CROSS EXAMINATION BY DEFENSE COUNSEL:

Q The first time you saw Mr. Hurtado was inside the van?

A Yes.

Q When you asked him to exit the van did he do so?

A Yes.

Q Prior to that had you seen him outside of the van?

A Before I asked him to get out?

Q Yes.

A No.

Q The light you’re saying Mr. Hurtado had, did he have that light inside or outside of the van?

A Inside.

DEFENSE COUNSEL: Nothing further

THE COURT: You may step down, sir. Thank you.

Call your next witness please.

MR. McSLAPPAHAN: The People call Police Officer Parker Leary.

Whereupon, the WITNESS, POLICE OFFICER PARKER LEARY, having been called on behalf of the PEOPLE, first having been duly sworn, was examined and testified as follows:

THE CLERK: State your name, spelling your last name. Give your shield and present command for the record.

THE WITNESS: My name is Police Officer Parker Leary. L-E-A-R-Y. Midtown South Precinct New York County. Shield number 36785.

MR. McSLAPPAHAN: May I proceed?

THE COURT: Yes.

DIRECT EXAMINATION BY MR. McSLAPPAHAN:

Q Good morning, Officer.

A Morning.

Q How long have you been assigned to the Midtown South precinct?

A Seven and a half years.

Q Before you were assigned to the precinct where were you before that?

A I was six months in the Police Academy and six months in the NSU-1.

Q How many years in total have you been a Police Officer?

A Eight and a half years.

Q What is your current rank?

A Police Officer.

Q In the Midtown South Precinct what unit are you assigned to? Any specific unit?

A Yes. I’m assigned to the burglary unit.

Q Can you just briefly describe what your duties and responsibilities are?

A I drive around in an unmarked car in plain clothes basically looking for burglars.

DEFENSE COUNSEL: Objection.

THE COURT: Overruled.

Q I want to direct your attention to April 27th of last year. Were you working on that day?

A Yes.

Q Can you tell us what hours you were working?

A I was doing an 11:15 p.m. to 7:50 a.m. tour.

Q Were you working with a partner on that day?

A Yes.

Q What was his name?

A Police Officer Santiago.

Q On that date were you in plain clothes or uniform?

A Plain clothes.

Q Were you in a marked or unmarked police car?

A Unmarked.

Q Did you make an arrest on that day?

A Yes.

Q Who did you arrest?

A Juan Hurtado.

Q Do you see that person in the courtroom here today?

A Yes, I do.

Q Can you please point to him and identify an article of clothing he’s wearing?

A He’s sitting right there with a yellow tee shirt and striped button down shirt.

MR McSLAPPAHAN: Let the record reflect he has indicated the defendant.

THE COURT: The record will reflect the identification

Q I want to direct you attention to April 27th of last year. At that time did you receive a radio transmission?

A Yes.

Q Where were you when you received that?

A Approximately 38th Street and Sixth Avenue.

Q What did you do following the receipt of that radio transmission?

A I went directly to the location.

Q What location is that?

A 208 West 35th Street.

Q What is at that location?

A It’s a church.

Q Do you remember the name of the church?

A Holy Entreaty I believe.

Q What direction does west — what direction does traffic flow?

A Westbound.

Q What side of the street is the church on; the uptown or downtown side?

A Downtown side.

Q When you arrived there where did you park your vehicle?

A I parked my vehicle right in front of the entrance to the church behind the white van.

Q Is that on the downtown or uptown side?

A Downtown side.

Q Who did you see, who was the first person that you saw at that time?

A Jerry Bolo.

Q Did you exit your vehicle at that time?

A Yes.

Q Did you have an opportunity to speak with Mr. Bolo?

A Yes, I did.

Q At that time did you notice any damage to any vans in that location?

A Yes. There was broken windows on the van that was parked directly in front of me on the driver’s side window.

Q Can you describe that van?

A Yes. It was a Dodge white van. Had two rear windows on — two windows on the passenger side and the window on the driver’s side and passenger side front door.

Q Are you able to see inside the cargo area of the van from the window on the sides?

A Yes.

Q Now, after you arrived at that location and had spoken to Mr. Bolo, did you have an opportunity to look inside the van?

A Yes, I did.

Q And what did you see inside the van?

A There was — I seen basically construction equipment there was drop cloths, portable lights, closed boxes, a couple five gallon cans.

Q I’m going to ask you to take a look at People’s Exhibits 1, 2, 4, and 5. Did you take those photographs?

A Yes, I did.

Q Did you take those photographs on April 27th?

A Yes, I did.

Q Are those photographs fair and accurate depictions of what the van looked like on the inside on April 27th?

A Yes.

Q What was inside the van?

A It was drop cloths, portable lights, five gallon cans, a broom. It looks like some sheet rock.

Q In addition to the broken window on the front driver’s side did you notice any damage to the vehicle?

A No.

Q And after that did you have an opportunity to go into the church?

A Yes, I did.

Q And did you have an opportunity — was it at that time that you placed the defendant under arrest?

A Yes, it was.

Q Was Mr. Bolo present at that time?

A Yes, he was.

Q What if anything did you recover from the defendant?

A I recovered a yellow-handled screw driver with a sharpened edge.

Q I’m going to ask you to take a look at People’s Exhibit 3. Do you recognize that exhibit Officer Leary?

A Yes, I do.

Q What is that?

A It’s the yellow-handled screwdriver.

Q Where did you recover that?

A From the defendant’s right front jacket pocket.